,i #aaith ,,congress #ast ,session ,h4 ,r4 #dced ,,in ,,the ,,house ,,of ,,representatives ,july #aj1 #bjbe,mr4 ,thompson of ,california 7for himself1 ,mr4 ,la,malfa1 ,mr4 ,panetta1 ,mr4 ,costa1 and ,mr4 ,valadao7 introduced the following bill2 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 disaster4 #a4 ,short title ,this ,act may be cited as the ,agricultural ,emergency ,relief ,act of #bjbe4 #b4 ,definitions ,in this ,act3 7#a7 ,average adjusted gross farm income ,the term average adjusted gross farm income1 with respect to a producer1 means the portion of the average adjusted gross income of the producer that is derived from farming1 ranching1 or forestry operations4 7#b7 ,average adjusted gross income ,the term average adjusted gross income1 with respect to a producer1 means the adjusted gross income 7as defined in section #fb of the ,internal ,revenue ,code of #aihf7 of the producer1 as averaged over the #c taxable years preceding the most recently completed taxable year4 7#c7 ,disaster 7,a7 ,in general ,the term disaster includes-- 7i7 a drought2 7ii7 a wildfire2 7iii7 a hurricane2 7iv7 a flood2 7v7 a derecho2 7vi7 excessive heat2 7vii7 excessive moisture2 7viii7 a winter storm2 and 7ix7 a freeze event 7including a polar vortex74 7,b7 ,determination of drought ,for purposes of subparagraph 7,a77i71 a county shall be considered to have experienced a drought if any area within the county was rated by the ,u4,s4 ,drought ,monitor as experiencing-- 7i7 a ,d#b-level drought 7commonly known as severe drought7 for #h or more consecutive weeks2 or 7ii7 a ,d#c-level drought 7commonly known as extreme drought71 or a higher level of drought intensity1 during the applicable calendar year4 7#d7 ,federal ,crop ,insurance ,the term ,federal ,crop ,insurance means any crop insurance program under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 7#e7 ,noninsured ,crop ,disaster ,assistance ,program ,the term ,noninsured ,crop ,disaster ,assistance ,program means the program under section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc74 7#f7 ,producer 7,a7 ,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 ,agency4 7,b7 ,exclusions ,the term producer does not include-- 7i7 a joint venture2 or 7ii7 a general partnership4 7#g7 ,qualified loss 7,a7 ,in general ,the term qualified loss means a loss in a crop1 trees1 bushes1 or vines incurred by a producer as a consequence of a disaster4 7,b7 ,inclusions ,the term qualified loss includes-- 7i7 a loss incurred by a producer as a result of being prevented from planting a crop due to a disaster2 7ii7 a loss in the quality of a crop1 trees1 bushes1 or vines due to a disaster2 and 7iii7 a loss in the quality of a crop 7including wine grapes71 trees1 bushes1 or vines due to smoke exposure from a wildfire4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 #c4 ,emergency relief program 7a7 ,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 year4 7b7 ,application 7#a7 ,in general ,to be eligible to receive a payment under this section for a crop year1 a producer shall submit to the ,secretary an application1 at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of each qualified loss incurred by the producer during the crop year4 7#b7 ,approval ,the ,secretary shall approve an application submitted by a producer under paragraph 7#a7 if the application demonstrates to the satisfaction of the ,secretary that the producer has incurred a qualified loss during the applicable crop year4 7c7 ,provision of payments 7#a7 ,in general ,the ,secretary shall provide to each producer the application of whom is approved under subsection 7b77#b7 a payment for the applicable crop year1 in accordance with subsection 7d74 7#b7 ,requirement to purchase insurance ,as a condition of receiving a payment under this section1 a producer shall purchase1 for each of the #b succeeding crop years-- 7,a7 ,federal ,crop ,insurance1 if available2 or 7,b7 if ,federal ,crop ,insurance is not available1 coverage under the ,noninsured ,crop ,disaster ,assistance ,program4 7d7 ,amount of payments 7#a7 ,in general ,subject to subsection 7e71 the amount of a payment provided to a producer under subsection 7c77#a7 shall be determined in accordance with-- 7,a7 to the maximum extent practicable1 a calculation based on data relating to the producer for the applicable crop year that were previously submitted or known to the ,secretary1 including-- 7i7 any indemnity of the producer under ,federal ,crop ,insurance or payment received by the producer under the ,noninsured ,crop ,disaster ,assistance ,program2 7ii7 the level of coverage of the producer under-- 7,i7 ,federal ,crop ,insurance2 or 7,,ii7 the ,noninsured ,crop ,disaster ,assistance ,program2 and 7iii7 an appropriate percentage factor1 to be established by the ,secretary1 subject to the condition that the factor shall be not more than #ij percent2 or 7,b7 for a producer that did not purchase coverage under ,federal ,crop ,insurance or the ,noninsured ,crop ,disaster ,assistance ,program1 a calculation based on the revenue of the producer for the applicable crop year1 as described in paragraph 7#b74 7#b7 ,revenue-based calculation 7,a7 ,definitions ,in this paragraph3 7i7 ,allowable gross revenue ,the term allowable gross revenue1 with respect to a producer1 means the reported revenue of the operations of the producer during a crop year1 including from-- 7,i7 sales of eligible crops1 as identified by the ,secretary2 or 7,,ii7 sales resulting from value added in post-production activities4 7ii7 ,benchmark year ,the term benchmark year means a crop year in which a producer did not experience a qualified loss4 7iii7 ,disaster year ,the term disaster year means a crop year in which a producer experiences a qualified loss4 7,b7 ,factors for consideration ,subject to subparagraph 7,c71 the revenue-based calculation referred to in paragraph 7#a77;,b7 shall take into account-- 7i7 the allowable gross revenue of the applicable producer during a benchmark year2 7ii7 the allowable gross revenue of the applicable producer during the disaster year for which the payment is provided under this section2 7iii7 the percentage of the allowable gross revenue described in clause 7ii7 derived from sales of specialty crops and high-value crops2 and 7iv7 an appropriate percentage factor1 to be established by the ,secretary1 subject to the condition that the factor shall be not more than #gj percent4 7,c7 ,vertical integration for producers of wine grapes ,for a producer of wine grapes that uses not less than #ge percent of the grapes to produce wine at a facility owned by the producer1 a payment provided under this section shall be calculated based on the market rate for wine grapes at the time of calculation1 in lieu of the revenue of the producer4 7e7 ,limitations ,for each crop year-- 7#a7 a producer the average adjusted gross farm income of whom is less than #ge percent may receive payments under this section in an amount equal to not more than-- 7,a7 #abe1jjj for the specialty crops and high-value crops of the producer1 as determined by the ,secretary2 and 7,b7 #abe1jjj for the crops of the producer not described in subparagraph 7,a72 7#b7 a producer the average adjusted gross farm income of whom is #ge percent or more may receive payments under this section in an amount equal to not more than-- 7,a7 #ijj1jjj for the specialty crops and high-value crops of the producer1 as determined by the ,secretary2 and 7,b7 #bej1jjj for the crops of the producer not described in subparagraph 7,a72 and 7#c7 the total amount of all payments provided to a producer under this section shall be not more than1 as applicable-- 7,a7 an amount equal to #ij percent of the qualified losses of the producer during the crop year1 including any assistance provided under-- 7i7 ,federal ,crop ,insurance2 or 7ii7 the ,noninsured ,crop ,disaster ,assistance ,program2 or 7,b7 an amount equal to #gj percent of the qualified losses of the producer during the crop year1 if the producer did not-- 7i7 obtain a policy or plan of insurance under ,federal ,crop ,insurance for the crops1 trees1 bushes1 or vines incurring the qualified losses2 or 7ii7 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 losses4 7f7 ,timing ,the ,secretary shall administer the program under this section simultaneously for-- 7#a7 producers submitting applications using indemnity-based calculations1 as described in subsection 7d77#a77;,a72 and 7#b7 producers submitting applications using revenue-based calculations1 as described in subsection 7d77#a77;,b74 #d4 ,authorization of appropriations 7a7 ,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 #bjbe through #bjcj4 7b7 ,administrative costs ,of the amounts made available under subsection 7a7 for each fiscal year1 the ,secretary may use not more than #a percent to pay the administrative costs of the ,secretary4