H.R. 4354

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4354 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 4354

To require the Secretary of Agriculture to carry out a program to 
provide payments to producers experiencing certain crop losses as a 
result of a disaster.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 10, 2025

Mr. Thompson of California (for himself, Mr. LaMalfa, Mr. Panetta, Mr. 
Costa, and Mr. Valadao) introduced the following bill; which was 
referred to the Committee on Agriculture

_______________________________________________________________________

A BILL

To require the Secretary of Agriculture to carry out a program to 
provide payments to producers experiencing certain crop losses as a 
result of a disaster.

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 ``Agricultural Emergency Relief Act of 
2025''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Average adjusted gross farm income.--The term ``average 
adjusted gross farm income'', with respect to a producer, means 
the portion of the average adjusted gross income of the 
producer that is derived from farming, ranching, or forestry 
operations.
(2) Average adjusted gross income.--The term ``average 
adjusted gross income'', with respect to a producer, means the 
adjusted gross income (as defined in section 62 of the Internal 
Revenue Code of 1986) of the producer, as averaged over the 3 
taxable years preceding the most recently completed taxable 
year.
(3) Disaster.--
(A) In general.--The term ``disaster'' includes--
(i) a drought;
(ii) a wildfire;
(iii) a hurricane;
(iv) a flood;
(v) a derecho;
(vi) excessive heat;
(vii) excessive moisture;
(viii) a winter storm; and
(ix) a freeze event (including a polar 
vortex).
(B) Determination of drought.--For purposes of 
subparagraph (A)(i), a county shall be considered to 
have experienced a drought if any area within the 
county was rated by the U.S. Drought Monitor as 
experiencing--
(i) a D2-level drought (commonly known as 
``severe drought'') for 8 or more consecutive 
weeks; or
(ii) a D3-level drought (commonly known as 
``extreme drought''), or a higher level of 
drought intensity, during the applicable 
calendar year.
(4) Federal crop insurance.--The term ``Federal Crop 
Insurance'' means any crop insurance program under the Federal 
Crop Insurance Act (7 U.S.C. 1501 et seq.).
(5) Noninsured crop disaster assistance program.--The term 
``Noninsured Crop Disaster Assistance Program'' means the 
program under section 196 of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 7333).
(6) Producer.--
(A) In general.--The term ``producer'' means an 
individual or entity that is eligible to receive 
assistance under a disaster assistance program 
administered by the Farm Service Agency.
(B) Exclusions.--The term ``producer'' does not 
include--
(i) a joint venture; or
(ii) a general partnership.
(7) Qualified loss.--
(A) In general.--The term ``qualified loss'' means 
a loss in a crop, trees, bushes, or vines incurred by a 
producer as a consequence of a disaster.
(B) Inclusions.--The term ``qualified loss'' 
includes--
(i) a loss incurred by a producer as a 
result of being prevented from planting a crop 
due to a disaster;
(ii) a loss in the quality of a crop, 
trees, bushes, or vines due to a disaster; and
(iii) a loss in the quality of a crop 
(including wine grapes), trees, bushes, or 
vines due to smoke exposure from a wildfire.
(8) Secretary.--The term ``Secretary'' means the Secretary 
of Agriculture.

SEC. 3. EMERGENCY RELIEF PROGRAM.

(a) Establishment.--The Secretary shall establish a program under 
which the Secretary shall provide payments during each crop year to 
producers that experienced a qualified loss during the crop year.
(b) Application.--
(1) In general.--To be eligible to receive a payment under 
this section for a crop year, a producer shall submit to the 
Secretary an application, at such time, in such manner, and 
containing such information as the Secretary may require, 
including a description of each qualified loss incurred by the 
producer during the crop year.
(2) Approval.--The Secretary shall approve an application 
submitted by a producer under paragraph (1) if the application 
demonstrates to the satisfaction of the Secretary that the 
producer has incurred a qualified loss during the applicable 
crop year.
(c) Provision of Payments.--
(1) In general.--The Secretary shall provide to each 
producer the application of whom is approved under subsection 
(b)(2) a payment for the applicable crop year, in accordance 
with subsection (d).
(2) Requirement to purchase insurance.--As a condition of 
receiving a payment under this section, a producer shall 
purchase, for each of the 2 succeeding crop years--
(A) Federal Crop Insurance, if available; or
(B) if Federal Crop Insurance is not available, 
coverage under the Noninsured Crop Disaster Assistance 
Program.
(d) Amount of Payments.--
(1) In general.--Subject to subsection (e), the amount of a 
payment provided to a producer under subsection (c)(1) shall be 
determined in accordance with--
(A) to the maximum extent practicable, a 
calculation based on data relating to the producer for 
the applicable crop year that were previously submitted 
or known to the Secretary, including--
(i) any indemnity of the producer under 
Federal Crop Insurance or payment received by 
the producer under the Noninsured Crop Disaster 
Assistance Program;
(ii) the level of coverage of the producer 
under--
(I) Federal Crop Insurance; or
(II) the Noninsured Crop Disaster 
Assistance Program; and
(iii) an appropriate percentage factor, to 
be established by the Secretary, subject to the 
condition that the factor shall be not more 
than 90 percent; or
(B) for a producer that did not purchase coverage 
under Federal Crop Insurance or the Noninsured Crop 
Disaster Assistance Program, a calculation based on the 
revenue of the producer for the applicable crop year, 
as described in paragraph (2).
(2) Revenue-based calculation.--
(A) Definitions.--In this paragraph:
(i) Allowable gross revenue.--The term 
``allowable gross revenue'', with respect to a 
producer, means the reported revenue of the 
operations of the producer during a crop year, 
including from--
(I) sales of eligible crops, as 
identified by the Secretary; or
(II) sales resulting from value 
added in post-production activities.
(ii) Benchmark year.--The term ``benchmark 
year'' means a crop year in which a producer 
did not experience a qualified loss.
(iii) Disaster year.--The term ``disaster 
year'' means a crop year in which a producer 
experiences a qualified loss.
(B) Factors for consideration.--Subject to 
subparagraph (C), the revenue-based calculation 
referred to in paragraph (1)(B) shall take into 
account--
(i) the allowable gross revenue of the 
applicable producer during a benchmark year;
(ii) the allowable gross revenue of the 
applicable producer during the disaster year 
for which the payment is provided under this 
section;
(iii) the percentage of the allowable gross 
revenue described in clause (ii) derived from 
sales of specialty crops and high-value crops; 
and
(iv) an appropriate percentage factor, to 
be established by the Secretary, subject to the 
condition that the factor shall be not more 
than 70 percent.
(C) Vertical integration for producers of wine 
grapes.--For a producer of wine grapes that uses not 
less than 75 percent of the grapes to produce wine at a 
facility owned by the producer, a payment provided 
under this section shall be calculated based on the 
market rate for wine grapes at the time of calculation, 
in lieu of the revenue of the producer.
(e) Limitations.--For each crop year--
(1) a producer the average adjusted gross farm income of 
whom is less than 75 percent may receive payments under this 
section in an amount equal to not more than--
(A) $125,000 for the specialty crops and high-value 
crops of the producer, as determined by the Secretary; 
and
(B) $125,000 for the crops of the producer not 
described in subparagraph (A);
(2) a producer the average adjusted gross farm income of 
whom is 75 percent or more may receive payments under this 
section in an amount equal to not more than--
(A) $900,000 for the specialty crops and high-value 
crops of the producer, as determined by the Secretary; 
and
(B) $250,000 for the crops of the producer not 
described in subparagraph (A); and
(3) the total amount of all payments provided to a producer 
under this section shall be not more than, as applicable--
(A) an amount equal to 90 percent of the qualified 
losses of the producer during the crop year, including 
any assistance provided under--
(i) Federal Crop Insurance; or
(ii) the Noninsured Crop Disaster 
Assistance Program; or
(B) an amount equal to 70 percent of the qualified 
losses of the producer during the crop year, if the 
producer did not--
(i) obtain a policy or plan of insurance 
under Federal Crop Insurance for the crops, 
trees, bushes, or vines incurring the qualified 
losses; or
(ii) file any required paperwork or pay any 
service fee under the Noninsured Crop Disaster 
Assistance Program by the applicable State 
filing deadline for a noninsurable commodity 
incurring the qualified losses.
(f) Timing.--The Secretary shall administer the program under this 
section simultaneously for--
(1) producers submitting applications using indemnity-based 
calculations, as described in subsection (d)(1)(A); and
(2) producers submitting applications using revenue-based 
calculations, as described in subsection (d)(1)(B).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to the 
Secretary such sums as are necessary to carry out this Act for each of 
fiscal years 2025 through 2030.
(b) Administrative Costs.--Of the amounts made available under 
subsection (a) for each fiscal year, the Secretary may use not more 
than 1 percent to pay the administrative costs of the Secretary.
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