; (3) losses for which a producer did not receive an indemnity or payment under— (A) a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ); or (B) the noninsured crop disaster assistance program established under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ); and (4) types of losses of crops covered under Phase 2 of the Emergency Relief Program established under subpart S of part 760 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). (d) Additional terms and conditions The Secretary shall carry out the program required under subsection (a) in accordance with the first and third through twelfth provisos under the heading Office of the Secretary under the heading Processing, Research and Marketing under the heading Agricultural Programs in title I of the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117–43 ; 135 Stat. 356), as those provisos were implemented for 2020 and 2021, except that— (1) the amount available under the third proviso shall be determined pursuant to subsection (f); and (2) each reference to 2020 or 2021 in those provisos shall be deemed to be a reference to 2023. (e) Other requirements (1) Payment eligibility and amount In determining eligibility for a payment under the program required under subsection (a), including the amount of that payment, the Secretary shall only consider— (A) the losses described in subsection (a); (B) indemnities received and premiums paid under a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. )