[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5621 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5621
To extend the wildfire and hurricane indemnity program to cover certain
crop losses in calendar year 2023, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2023
Mr. Alford introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To extend the wildfire and hurricane indemnity program to cover certain
crop losses in calendar year 2023, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``2023 WHIP+ Reauthorization Act''.
SEC. 2. DISASTER INDEMNITY PROGRAM.
(a) In General.--Except as otherwise provided in this section, with
respect to the coverage period, the Secretary shall carry out--
(1) a disaster indemnity program in the same manner as the
WHIP+ program is carried out under subpart O of part 760 of
title 7, Code of Federal Regulations (as in effect on the date
of the enactment of this section);
(2) an on-farm storage loss program in the same manner as
the program carried out under subpart P of part 760 of title 7,
Code of Federal Regulations (as in effect on the date of the
enactment of this section); and
(3) a milk loss program in the same manner as the program
carried out under subpart Q of part 760 of title 7, Code of
Federal Regulations (as in effect on the date of the enactment
of this section).
(b) Covered Losses.--In carrying out the programs under this
section, the Secretary shall make payments to producers in accordance
with subsection (c) for qualified losses of covered crops, including
milk, that occurred during the coverage period.
(c) Payments.--
(1) In general.--Payments to producers for qualified losses
of covered crops, including milk, under the programs under this
section shall be administered, except as provided in paragraph
(2), in the same manner as payments under the relevant programs
in subsection (a).
(2) Exceptions.--
(A) Direct payments required.--The Secretary shall
make payments under the programs under paragraphs (1),
(2), and (3) of subsection (a) as direct payments to
producers or processors, at the election of the
processor.
(B) Special rule for unharvested acres.--The
Secretary shall make payments under this section with
respect to qualified losses of unharvested acres of a
covered crop in the same manner as payments are made
with respect to eligible crop losses under the
noninsured crop assistance program under section 196 of
the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333).
(C) Payment limitations.--
(i) In general.--Except as provided in
clauses (ii), (iii), (iv), and (v), the
Secretary shall impose payment limitations
consistent with section 760.1507 of title 7,
Code of Federal Regulations (as in effect on
the date of the enactment of this section).
(ii) Exception for specialty crops or high
value crops.--In the case of specialty crops or
high value crops, as determined by the
Secretary, the Secretary shall impose payment
limitations consistent with section
760.1507(a)(2) of title 7, Code of Federal
Regulations (as in effect on January 1, 2019).
(iii) Tax year basis.--In applying the
payment limitations under this subparagraph,
the Secretary shall determine a person or legal
entity's average adjusted gross income and
average adjusted gross farm income based on the
2019, 2020, and 2021 tax years.
(iv) Annual renewal.--With respect to the
payment limitations described under this
subparagraph, the Secretary shall apply
separate payment limits for each of the years
under the covered period.
(v) Entity rules.--With respect to payments
to a corporation, limited liability company,
limited partnership, trust, or estate under
this section, the Secretary shall--
(I) determine average adjusted
gross income and average adjusted gross
farm income in accordance with clause
(iii); and
(II) apply rules in the same manner
as subsections (d) and (e) of section
9.7 of title 7, Code of Federal
Regulations.
(D) Net indemnities.--In calculating payments under
the programs under paragraphs (1), (2), and (3) of
subsection (a), the Secretary shall net out crop
insurance indemnities, less any insurance premiums paid
by the producer.
(E) Payments to sugar and dairy processors.--
(i) In general.--At the election of a
processor eligible for a loan under section 156
of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272) or a
cooperative processor of dairy, in lieu of
payments to producers provided under a program
described in subsection (a), the Secretary
shall make payments to a processor to be paid
to producer members, as determined by such
processors under the same terms and conditions
as payments made to processors pursuant to
section 791(c) of title VII of division B of
the Further Consolidated Appropriations Act,
2020 (Public Law 116-94).
(ii) Non-election.--Notwithstanding section
760.1503(j) of title 7 of the Code of Federal
Regulations, in the event that a processor
described in clause (i) does not elect to
receive payments under such clause, the
Secretary shall make direct payments to
producers under a program described in
subsection (a).
(F) Block grants.--The Secretary may provide
payments in the form of block grants to States and
processors described in subparagraph (E).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $8,500,000,000.
(2) Administration.--The Secretary may use not more than 1
percent of the funds appropriated pursuant to paragraph (1) to
carry out the following:
(A) Streamlining the application process.
(B) Utilizing information technology to enable the
electronic transfer of data used in such application
process between the Risk Management Agency and the Farm
Service Agency.
(C) Activities that with respect to county office
employees, reduce the workload of such employees in
carrying out this section.
(D) To the maximum extent practicable, providing
the necessary information to, and assisting crop
insurance agents with, providing application
information on behalf of insured producers.
(e) Exemption.--Notwithstanding the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note),
the requirements of parts 25 and 170 of title 2, Code of Federal
Regulations (or successor regulations), shall not apply with respect to
assistance received under this section.
(f) Definitions.--In this section:
(1) Coverage period.--In this section, the term ``coverage
period'' means, with respect to a covered crop, including milk,
and a qualifying disaster event described in paragraph
(6)(A)(i), calendar years 2023 and 2024.
(2) Covered crop.--The term ``covered crop'' means a crop,
tree, bush, or vine described in section 760.1503 of title 7,
Code of Federal Regulations (as in effect on the date of the
enactment of this section), including wine grapes, which shall
include all insured acreage (regardless of whether such acreage
is the initial acreage or not).
(3) Milk loss program.--The term ``milk loss program''
means the milk loss program under subpart Q of part 760 of
title 7, Code of Federal Regulations (as in effect on the date
of the enactment of this section).
(4) On-farm storage loss program.--The term ``on-farm
storage loss program'' means the on-farm storage loss program
under subpart P of part 760 of title 7, Code of Federal
Regulations (as in effect on the date of the enactment of this
section)
(5) State.--In this section, the term ``State'' has the
meaning given the term in section 1111(20) of the Agricultural
Act of 2014.
(6) Qualified loss.--The term ``qualified loss''--
(A) with respect to a covered crop not described in
subparagraph (B), the loss of such crop during the
coverage period--
(i) due to a qualifying disaster event
described in the definition of ``qualifying
disaster event'' in section 760.1802 of title
7, Code of Federal Regulations (as in effect on
the date of the enactment of this section);
(ii) due to high winds, derechos, excessive
heat, or freeze (including a polar vortex);
(iii) due to a drought in--
(I) a county the Secretary
designated for drought; or
(II) a county contiguous to a
county described in subclause (I); or
(iv) due to other disruptions (including
power outages or curtailments) that are
associated with the effects of a qualified
disaster event under this section; and
(B) with respect to smoke tainted wine grapes, the
loss (including a quality loss) of such crop during the
coverage period due to wildfire, as determined by the
Secretary.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) Whip+ program.--The term ``WHIP+ program'' means the
WHIP+ program under subpart O of part 760 of title 7, Code of
Federal Regulations (as in effect on the date of the enactment
of this section).
<all>