[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5621 Introduced in House (IH)]

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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).
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