WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Roger Wicker (R-Miss.) yesterday introduced the Healthy Poultry Assistance and Indemnification Act (HPAI ACT) to ensure that all poultry growers and laying operations in highly pathogenic avian influenza (HPAI) control areas whose operations are affected receive compensation. This bill was

“As avian flu cases rise in Delaware, it’s vital that we have smart policies in place that protect Delaware’s independent family farmers and poultry growers both medically and financially. As it stands, blind spots in our HPAI compensation program punish growers for culling flu-free flocks,” said Senator Coons. “As co-Chair of the Senate Chicken Caucus, I hope that including this bipartisan solution in the next Farm Bill will provide a lifeline to all hardworking farmers who do their part in helping us contain disease outbreaks by offering them fair and immediate financial relief, allowing them to recover quickly and assisting them in maintaining the strength of our essential poultry supply chains.”

“Farmers play a significant role in providing our nation with food and protecting our national security,” said Senator Wicker. “Unexpected avian flu outbreaks harm the poultry industry, put farmers at risk for financial hardship, and drive up the cost of chicken and eggs at the grocery store. Since the initial outbreak in 2022, HPAI has led to the loss of a record 156 million birds across the United States. This bipartisan legislation would ensure farmers are compensated for their work to contain these outbreaks.”

“The current wave of Bird Flu outbreaks is leaving our farming communities twisting in the wind,” said Congressman Mark Alford. “When poultry operations test positive for Highly Pathogenic Avian Influenza, the federal government makes growers whole for lost revenue. The Healthy Poultry Assistance and Indemnification Act will level the playing field by ensuring poultry growers and layer operations—who are impacted by USDA control zones put in place even though their own birds never tested positive—also qualify for indemnity payments. I’m proud to once again co-lead this critical bipartisan legislation to support Missouri’s agriculture community.”

“The San Joaquin Valley is the heart of California agriculture, and our poultry farmers are on the front lines of the avian flu crisis. When they face challenges, we all pay the price—from farms to grocery stores. That’s why I’m leading the charge with the HPAI Act to provide real relief, protect our food supply, and ensure the farmers who feed America get the support they deserve,” said Congressman Jim Costa.

Under the current policies of the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS), when an HPAI case is discovered, all poultry farms located within a 10-kilometer radius of the case are banned from placing flocks until the virus is contained. Afterward, all growers who have positive tests in their flocks receive compensation from the USDA, but not those within the control area whose flocks don’t contract HPAI. This creates a perverse incentive: once a control area is established, it is preferable for poultry operations within the area to have HPAI cases, as otherwise they will not receive compensation afterward despite undergoing many of the same financial struggles. This bill would rectify that so all growers in the control area are duly compensated. 

Since the start of the HPAI outbreak in 2022, bird flu has affected 153 million birds in all 50 states and Puerto Rico. This has caused hundreds of millions of dollars in losses to poultry growers and layer operations, driving food inflation even higher for Americans’ most cost-effective animal protein sources. 

In addition to Senators Coons and Wicker, this legislation is cosponsored by Senators Lisa Blunt Rochester (D-Del.), John Boozman (R-Ark.), John Cornyn (R-Texas), John Fetterman (D-Pa.), Lindsey Graham (R-S.C.), Cindy Hyde-Smith (R-Miss.), Jon Ossoff (D-Ga.), Alex Padilla (D-Calif.), Pete Ricketts (R-Neb.), Tina Smith (D-Minn.), Thom Tillis (R-N.C.), Tommy Tuberville (R-Ala.), and Chris Van Hollen (D-Md.).

Specifically, the HPAI Act would:

  • Expand USDA-APHIS compensation to all poultry farmers in an HPAI control area. The program currently only compensates farmers whose flocks test positive, not those in the control area who are disallowed from placing flocks until the virus is contained, which sometimes takes months. 
  • Simplify the calculation of indemnity. The payments to farmers will be calculated based on the average income they earned from the last five flocks. This method is more transparent and ensures that farmers will not face a cash shortfall in the face of an HPAI outbreak in their area.

This legislation is endorsed by the Delaware Department of Agriculture, the Delmarva Chicken Association, the National Chicken Council, the United Egg Producers, the Delta Council, the American Farm Bureau Federation, and the National Turkey Federation.

The full bill text is available here.

A one-pager is available here. 

Senator Coons and Senator Wicker are the co-Chairs of the Senate Chicken Caucus.