IB 

Union Calendar No. 89 

117TH CONGRESS 

1ST SESSION H. R. 267 

[Report No. 117–124] 

To extend the wildfire and hurricane indemnity program to cover certain 

crop losses in calendar year 2020, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 11, 2021 

Mr. THOMPSON of California (for himself, Mr. PANETTA, Ms. LEE of California, Mr. DEFAZIO, and Mr. NEWHOUSE) introduced the following bill; 

which was referred to the Committee on Agriculture 

SEPTEMBER 20, 2021 

Additional sponsors: Mr. CARBAJAL, Mr. HARDER of California, Mrs. AXNE, 

Mr. GARAMENDI, Mr. COSTA, Mr. ARRINGTON, Mr. HIGGINS of Louisiana, Mr. CUELLAR, Ms. BONAMICI, Ms. SCHRIER, Ms. ESHOO, Mr. 

HUFFMAN, Mr. FEENSTRA, Ms. DELBENE, Mr. BLUMENAUER, Mrs. 

HINSON, Mr. DANNY K. DAVIS of Illinois, Mr. O’HALLERAN, Mr. SCHRADER, Mr. DESAULNIER, Mr. FITZPATRICK, Ms. SEWELL, Mr. BOST, Mrs. 

BUSTOS, Mr. ROGERS of Alabama, Mr. ADERHOLT, Mrs. MILLERMEEKS, Mr. VALADAO, Mr. MOORE of Utah, Mrs. RODGERS of Washington, Mr. LAHOOD, Mr. RODNEY DAVIS of Illinois, Mr. COLE, Mr. 

MOORE of Alabama, Mr. PALAZZO, Mr. KILMER, Mr. RUSH, Mr. 

ROUZER, Ms. SPANBERGER, Ms. SALAZAR, Mr. VICENTE GONZALEZ of 

Texas, Mr. AMODEI, Mr. KELLY of Mississippi, Ms. CRAIG, Mr. CARL, 

Mrs. HAYES, Mr. JOHNSON of South Dakota, Mr. BERA, Mrs. NAPOLITANO, Mr. LOWENTHAL, Mr. WESTERMAN, Ms. STRICKLAND, Mr. 

OWENS, Ms. LOFGREN, Mr. SWALWELL, Mr. LAMALFA, and Ms. 

BROWNLEY


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SEPTEMBER 20, 2021 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 11, 2021] 

A BILL 

To extend the wildfire and hurricane indemnity program 

to cover certain crop losses in calendar year 2020, and 

for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘2020 WHIP+ Reauthor5 ization Act’’. 

6 SEC. 2. DISASTER INDEMNITY PROGRAM. 

7 (a) IN GENERAL.—Except as otherwise provided in 

8 this section, with respect to the coverage period, the Sec9 retary shall carry out— 

10 (1) a disaster indemnity program in the same 

11 manner as the WHIP+ program is carried out under 

12 subpart O of part 760 of title 7, Code of Federal Reg13 ulations (as in effect on the date of the enactment of 

14 this section); 

15 (2) an on-farm storage loss program in the same 

16 manner as the program carried out under subpart P 

17 of part 760 of title 7, Code of Federal Regulations (as 

18 in effect on the date of the enactment of this section); 

19 and 

20 (3) a milk loss program in the same manner as 

21 the program carried out under subpart Q of part 760 

22 of title 7, Code of Federal Regulations (as in effect on 

23 the date of the enactment of this section). 

24 (b) COVERED LOSSES.—In carrying out the programs 

25 under this section, the Secretary shall make payments to 


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1 producers in accordance with subsection (c) for qualified 

2 losses of covered crops, including milk, that occurred during 

3 the coverage period. 

4 (c) PAYMENTS.— 

5 (1) IN GENERAL.—Payments to producers for 

6 qualified losses of covered crops, including milk, 

7 under the programs under this section shall be ad8 ministered, except as provided in paragraph (2), in 

9 the same manner as payments under the relevant pro10 grams in subsection (a). 

11 (2) EXCEPTIONS.— 

12 (A) DIRECT PAYMENTS REQUIRED.—The 

13 Secretary shall make payments under the pro14 grams under paragraphs (1), (2), and (3) of sub15 section (a) as direct payments to producers or 

16 processors, at the election of the processor. 

17 (B) SPECIAL RULE FOR UNHARVESTED

18 ACRES.—The Secretary shall make payments 

19 under this section with respect to qualified losses 

20 of unharvested acres of a covered crop in the 

21 same manner as payments are made with respect 

22 to eligible crop losses under the noninsured crop 

23 assistance program under section 196 of the Fed24 eral Agriculture Improvement and Reform Act of 

25 1996 (7 U.S.C. 7333). 


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1 (C) PAYMENT LIMITATIONS.— 

2 (i) IN GENERAL.—Except as provided 

3 in clauses (ii), (iii), (iv), and (v), the Sec4 retary shall impose payment limitations 

5 consistent with section 760.1507 of title 7, 

6 Code of Federal Regulations (as in effect on 

7 the date of the enactment of this section). 

8 (ii) EXCEPTION FOR SPECIALTY CROPS

9 OR HIGH VALUE CROPS.—In the case of spe10 cialty crops or high value crops, as deter11 mined by the Secretary, the Secretary shall 

12 impose payment limitations consistent with 

13 section 760.1507(a)(2) of title 7, Code of 

14 Federal Regulations (as in effect on Janu15 ary 1, 2019). 

16 (iii) TAX YEAR BASIS.—In applying 

17 the payment limitations under this sub18 paragraph, the Secretary shall determine a 

19 person or legal entity’s average adjusted 

20 gross income and average adjusted gross 

21 farm income based on the 2017, 2018, and 

22 2019 tax years. 

23 (iv) ANNUAL RENEWAL.—With respect 

24 to the payment limitations described under 

25 this subparagraph, the Secretary shall 


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1 apply separate payment limits for each of 

2 the years under the covered period. 

3 (v) ENTITY RULES.—With respect to 

4 payments to a corporation, limited liability 

5 company, limited partnership, trust, or es6 tate under this section, the Secretary 

7 shall— 

8 (I) determine average adjusted 

9 gross income and average adjusted 

10 gross farm income in accordance with 

11 clause (iii); and 

12 (II) apply rules in the same man13 ner as subsections (d) and (e) of section 

14 9.7 of title 7, Code of Federal Regula15 tions. 

16 (D) NET INDEMNITIES.—In calculating 

17 payments under the programs under paragraphs 

18 (1), (2), and (3) of subsection (a), the Secretary 

19 shall net out crop insurance indemnities, less 

20 any insurance premiums paid by the producer. 

21 (E) PAYMENTS TO SUGAR AND DAIRY PROC22 ESSORS.— 

23 (i) IN GENERAL.—At the election of a 

24 processor eligible for a loan under section 

25 156 of the Federal Agriculture Improvement 


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1 and Reform Act of 1996 (7 U.S.C. 7272) or 

2 a cooperative processor of dairy, in lieu of 

3 payments to producers provided under a 

4 program described in subsection (a), the 

5 Secretary shall make payments to a proc6 essor to be paid to producer members, as de7 termined by such processors under the same 

8 terms and conditions as payments made to 

9 processors pursuant to section 791(c) of title 

10 VII of division B of the Further Consoli11 dated Appropriations Act, 2020 (Public 

12 Law 116–94). 

13 (ii) NON-ELECTION.—Notwithstanding 

14 section 760.1503(j) of title 7 of the Code of 

15 Federal Regulations, in the event that a 

16 processor described in clause (i) does not 

17 elect to receive payments under such clause, 

18 the Secretary shall make direct payments to 

19 producers under a program described in 

20 subsection (a). 

21 (F) BLOCK GRANTS.—The Secretary may 

22 provide payments in the form of block grants to 

23 States and processors described in subparagraph 

24 (E). 

25 (d) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There is authorized to be ap2 propriated to carry out this section $8,500,000,000. 

3 (2) ADMINISTRATION.—The Secretary may use 

4 not more than 1 percent of the funds appropriated 

5 pursuant to paragraph (1) to carry out the following: 

6 (A) Streamlining the application process. 

7 (B) Utilizing information technology to en8 able the electronic transfer of data used in such 

9 application process between the Risk Manage10 ment Agency and the Farm Service Agency. 

11 (C) Activities that with respect to county of12 fice employees, reduce the workload of such em13 ployees in carrying out this section. 

14 (D) To the maximum extent practicable, 

15 providing the necessary information to, and as16 sisting crop insurance agents with, providing 

17 application information on behalf of insured 

18 producers. 

19 (e) EXEMPTION.—Notwithstanding the Federal Fund20 ing Accountability and Transparency Act of 2006 (Public 

21 Law 109–282; 31 U.S.C. 6101 note), the requirements of 

22 parts 25 and 170 of title 2, Code of Federal Regulations 

23 (or successor regulations), shall not apply with respect to 

24 assistance received under this section. 

25 (f) DEFINITIONS.—In this section: 


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1 (1) COVERAGE PERIOD.—In this section, the 

2 term ‘‘coverage period’’ means, with respect to a cov3 ered crop, including milk, and a qualifying disaster 

4 event described in paragraph (6)(A)(i), calendar 

5 years 2020 and 2021. 

6 (2) COVERED CROP.—The term ‘‘covered crop’’ 

7 means a crop, tree, bush, or vine described in section 

8 760.1503 of title 7, Code of Federal Regulations (as 

9 in effect on the date of the enactment of this section), 

10 including wine grapes, which shall include all insured 

11 acreage (regardless of whether such acreage is the ini12 tial acreage or not). 

13 (3) MILK LOSS PROGRAM.—The term ‘‘milk loss 

14 program’’ means the milk loss program under subpart 

15 Q of part 760 of title 7, Code of Federal Regulations 

16 (as in effect on the date of the enactment of this sec17 tion). 

18 (4) ON-FARM STORAGE LOSS PROGRAM.—The 

19 term ‘‘on-farm storage loss program’’ means the on20 farm storage loss program under subpart P of part 

21 760 of title 7, Code of Federal Regulations (as in ef22 fect on the date of the enactment of this section) 

23 (5) STATE.—In this section, the term ‘‘State’’ 

24 has the meaning given the term in section 1111(20) 

25 of the Agricultural Act of 2014. 


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1 (6) QUALIFIED LOSS.—The term ‘‘qualified 

2 loss’’— 

3 (A) with respect to a covered crop not de4 scribed in subparagraph (B), the loss of such 

5 crop during the coverage period— 

6 (i) due to a qualifying disaster event 

7 described in the definition of ‘‘qualifying 

8 disaster event’’ in section 760.1802 of title 

9 7, Code of Federal Regulations (as in effect 

10 on the date of the enactment of this section); 

11 (ii) due to high winds, derechos, exces12 sive heat, or freeze (including a polar vor13 tex); 

14 (iii) due to a drought in— 

15 (I) a county the Secretary des16 ignated for drought; or 

17 (II) a county contiguous to a 

18 county described in subclause (I); or 

19 (iv) due to other disruptions (including 

20 power outages or curtailments) that are as21 sociated with the effects of a qualified dis22 aster event under this section; and 

23 (B) with respect to smoke tainted wine 

24 grapes, the loss (including a quality loss) of such 


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1 crop during the coverage period due to wildfire, 

2 as determined by the Secretary. 

3 (7) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture. 

5 (8) WHIP+ PROGRAM.—The term ‘‘WHIP+ pro6 gram’’ means the WHIP+ program under subpart O 

7 of part 760 of title 7, Code of Federal Regulations (as 

8 in effect on the date of the enactment of this section). 


kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 89 

117TH CONGRESS 

1ST SESSION H. R. 267 

[Report No. 117–124] 

A BILL 

To extend the wildfire and hurricane indemnity 

year 2020, and for other purposes. program to cover certain crop losses in calendar 

SEPTEMBER 20, 2021 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


kjohnson on DSK79L0C42PROD with BILLS