Farming Support to States Act of 2020
This bill directs the Department of Agriculture to establish the Food and Agriculture Emergency Response and Resiliency Program to provide aid for the states, the District of Columbia, and U.S. territories to carry out activities to respond to urgent and emerging issues in the agriculture economy and food supply chain impacted by COVID-19 (i.e., coronavirus disease 2019) and related food system threats. The bill also provides funding for the program.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6956 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6956
To authorize the Secretary of Agriculture to provide food and
agriculture emergency aid to States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2020
Ms. Torres Small of New Mexico (for herself, Mr. Johnson of South
Dakota, Ms. Schrier, Mr. Kelly of Mississippi, Ms. Craig, and Mr.
Marshall) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To authorize the Secretary of Agriculture to provide food and
agriculture emergency aid to States, and for other purposes.
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 ``Farming Support to States Act of
2020''.
SEC. 2. FOOD AND AGRICULTURE EMERGENCY AID TO STATES.
(a) Definitions.--In this section:
(1) Eligible entity.--
(A) In general.--The term ``eligible entity''
means--
(i) a Governor or chief executive officer
of a State, on behalf of the State;
(ii) a State department of agriculture or
other State entity;
(iii) a nonprofit entity with the capacity
to provide consultation, expertise, and
financial, procurement, or grant distribution
capacity necessary to meet the stated mission
of the entity with respect to aid provided
under the Program;
(iv) an institution of higher education;
(v) a land-grant college or university or
local office of the Cooperative Extension
System;
(vi) an Indian Tribe or an organization
representing Indian Tribes; and
(vii) an entity described in clauses (i)
through (vi), in partnership with one or more
partners described in subparagraph (B).
(B) Partners.--An entity described in clauses (i)
through (vi) of subparagraph (A) may establish a
partnership with one or more partners prior to the
submission of a request under subsection (d)(2), or, in
consultation with the Secretary, add one or more
partners to a partnership after that submission, which
may include--
(i) an association, including a producer
association, trade association, or entity
representing a group of farmers or agriculture
and food businesses that represents the
interests of stakeholders who contribute to the
rural economy, agricultural and food sectors,
and the further processing, distribution, and
retailing of food;
(ii) an entity that distributes food to
address food insecurity or administers feeding
programs, food delivery, or other activities to
improve food access and food security;
(iii) a generic program to promote and
provide research and information for farmers
and consumers on agricultural products
(commonly known as a ``checkoff program'');
(iv) a private entity, including an
agricultural cooperative, corporation,
business, or sole proprietor;
(v) an economic development entity;
(vi) a foundation;
(vii) a unit of government within a State;
(viii) any other public-serving entity; and
(ix) any other entity described in clauses
(i) through (vi) of subparagraph (A).
(2) Program.--The term ``Program'' means the Food and
Agriculture Emergency Response and Resiliency Program
established under subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Administrator of the
Agricultural Marketing Service.
(4) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(b) Establishment.--The Secretary shall establish a program, to be
known as the ``Food and Agriculture Emergency Response and Resiliency
Program'', under which the Secretary shall make available to eligible
entities aid to carry out activities to respond to urgent and emerging
issues in the agriculture economy and food supply chain impacted by the
Coronavirus Disease 2019 (referred to in this section as ``COVID-19'')
and related food system threats.
(c) Allocation.--
(1) In general.--The Secretary shall allocate the total
amount made available for aid under the Program in accordance
with the following:
(A) Twenty-five percent shall be allocated equally
among the States.
(B) Twenty-five percent shall be allocated equally
among States for which the agriculture sector
represented not less than \1/4\ of a percent, and less
than 1 percent, of the gross domestic product of the
State in fiscal year 2017.
(C) Fifty percent shall be allocated equally among
States for which the agriculture sector represented not
less than 1 percent of the gross domestic product of
the State in fiscal year 2017.
(2) Recipients.--For purposes of paragraph (1), an
allocation to an eligible entity (other than a State) that is
located in a State shall count towards the allocation for that
State.
(d) Requests for Aid.--
(1) In general.--To provide aid to an eligible entity under
the Program, the Secretary shall enter into a cooperative
agreement or other legal instrument with the eligible entity.
(2) Requests.--An eligible entity seeking to enter into an
cooperative agreement or other legal instrument under paragraph
(1) shall submit to the Secretary a request for aid under that
Program that contains such information as the Secretary may
require for the purpose of complying with this Act.
(3) Notification.--Not later than 10 days after the date on
which the Secretary receives a request under paragraph (2), the
Secretary shall provide to the eligible entity a written
notification--
(A) acknowledging the receipt of the request; and
(B) describing--
(i) the requirements to be imposed on the
eligible entity under the Program for public
reporting on the use of aid received under the
Program;
(ii) the criteria to be used to ensure that
activities supported using aid under the
Program are permissible under this Act;
(iii) any additional information necessary
for the Secretary to make a determination on
the request;
(iv) the expected dates for a determination
on the request and the distribution of aid to
the eligible entity; and
(v) a point of contact in the Agricultural
Marketing Service.
(4) Priorities.--Subject to subsection (c), in entering
into cooperative agreements and other legal instruments under
paragraph (1), the Secretary shall give priority to requests--
(A) submitted by--
(i) the Governor of a State;
(ii) a State department of agriculture; or
(iii) an eligible entity that submits a
request for aid that has the demonstrated
support of other eligible entities; or
(B) under which aid would be used for activities--
(i) that contribute to the resiliency,
diversity, and distributed production of
agricultural products across local, regional,
and national-scale food systems;
(ii) that serve businesses and other food
system entities that have a limited capacity to
fund, develop, or deploy COVID-19 response
actions;
(iii) that serve businesses and other food
system entities of which the financial and
business solvency is at risk;
(iv) that stabilize rural, farming, and
food-related sectors with actions that build--
(I) resiliency and long-term
viability of rural economies; and
(II) the competitiveness of
entrepreneurs and small- and medium-
sized entities;
(v) that serve agricultural producers and
processors that--
(I) have faced economic instability
related to, or exacerbated by, COVID-
19;
(II) are underserved by available
aid from the Department of Agriculture
for commodity assistance programs; or
(III) are producers or processors
of noncommodity products, forest
products, or specialty crops; or
(vi) that--
(I) restore and strengthen the
resiliency of entities that are a core
part of local and regional economies
and identity; and
(II) strengthen and enhance the
quality of rural life.
(e) Distribution.--
(1) Initial distribution.--
(A) In general.--The Secretary shall provide 1
initial distribution of aid under the Program of
$2,000,000 to 1 eligible entity in each State that
submits to the Secretary a request under subsection
(d)(2) not later than 30 days after the date of
enactment of this Act.
(B) Requests.--A request submitted by an eligible
entity for an initial distribution under subparagraph
(A) shall--
(i) include a brief summary of the capacity
of the eligible entity to administer the aid
and the general expenditures planned for the
aid; and
(ii) be considered to be a complete request
on receipt by the Secretary of the request in
writing, including the brief summary described
in clause (i).
(C) Availability.--Not later than 14 days after the
date on which the Secretary receives a complete request
described in subparagraph (B)(ii) that the Secretary
approves, the Secretary shall make the aid available to
the eligible entity.
(D) Uses.--An initial distribution of aid under
subparagraph (A) shall be used to address urgent
matters, as determined by the eligible entity, such
as--
(i) supply chain issues;
(ii) responding to farmer stress;
(iii) assisting with livestock depopulation
and indemnification;
(iv) securing needed food for food
assistance programs; and
(v) other eligible uses under the Program.
(E) Publication.--Not later than 3 days after the
date on which aid is provided to an eligible entity
under an initial distribution under subparagraph (A),
the Secretary shall make publicly available any
correspondence submitted by the eligible entity as part
of the request for the aid.
(F) Reports.--Not later than 90 days after the date
on which an eligible entity receives aid under an
initial distribution under subparagraph (A), the
eligible entity shall submit a report described in
subsection (f)(8).
(2) Other requests made during initial distribution
period.--During the period that initial distributions of aid
are requested and distributed under paragraph (1), an eligible
entity may submit a request for aid under subsection (d)(2)
(including a request for more than $2,000,000), which shall be
subject to the requirements of this section (other than
paragraph (1)).
(3) Subsequent distributions.--Aid available under the
Program that is not distributed under paragraph (1) or (2)
shall be available to eligible entities that submit requests
under subsection (d)(2) during subsequent periods determined by
the Secretary, which shall occur not less frequently than once
every 45 days until the date on which aid available under the
Program is fully expended.
(f) Requirements Relating to Eligible Entities.--
(1) Non-federal contributions.--The Secretary shall not
require an eligible entity to contribute non-Federal funds to
carry out a cooperative agreement or other legal instrument
under the Program.
(2) Use consistent with terms of cooperative agreement.--An
eligible entity shall use aid received under the Program for
the purposes and in the manner provided in the cooperative
agreement or other legal instrument under which the aid is
provided.
(3) Requirement.--
(A) In general.--In the case of assistance or
amounts provided using aid under the Program by an
eligible entity to a specific person, the assistance or
amounts shall not be made available to a foreign person
making direct investment (as those terms are defined in
section 801.2 of title 15, Code of Federal Regulations
(or successor regulations)) in the United States.
(B) Exception.--Subparagraph (A) shall not apply to
public, widely available assistance, such as best
practice guidelines or other nonproprietary,
nonexclusive aid.
(4) Subagreements.--Nothing in this section prevents an
eligible entity from using aid received under the Program to
enter into a subagreement with--
(A) another eligible entity; or
(B) a political subdivision of a State that has
legal responsibilities relating to preserving the
integrity and function of the food supply, including
activities relating to agricultural production,
marketing, and distribution of food.
(5) No state legislative approval required.--The Governor
or chief executive officer of a State, or other State entity,
shall be permitted to allocate a distribution of aid under the
Program without the approval or review of the allocation or
distribution of aid by the legislature of the State.
(6) Availability.--Aid received by an eligible entity under
the Program shall remain available until expended by the
eligible entity.
(7) Administration.--An eligible entity receiving aid under
the Program may use not more than 8 percent of the aid for a
fiscal year for administrative expenses.
(8) Reporting requirement.--
(A) In general.--Not later than 90 days after the
date of completion of an activity conducted using aid
provided under the Program, the eligible entity using
the aid shall submit to the Secretary a report that
describes the purposes and results of the activity.
(B) Publication.--Not later than 14 days after each
report is received by the Secretary under subparagraph
(A), the report shall be made publicly available.
(g) Use of Funds.--An eligible entity shall use aid received under
the Program for emergency response capacity and activities to respond
to specific needs relating to COVID-19 and related food system threats
in the following categories:
(1) Retail food availability, consumer food access, food
supply chain stability, and preserving food safety.--
(A) Forecasting and managing food and farm supply
chain disruptions to ensure a stable food supply.
(B) Minimizing food retail disruptions for
consumers.
(C) Preventing or minimizing food waste by taking
steps to further process, distribute, or otherwise make
available food for donation or provision to individuals
in need.
(D) Compensating farmers for donated food through
mechanisms designed to minimize market distortions.
(E) Procurement and provision of food products to
individuals in need, including by addressing
distribution and access challenges for communities and
individuals.
(F) Ensuring continuity in food safety protections.
(G) Responding to labor issues from COVID-19 and
related food system threats to minimize supply chain
disruption and maximize proactive prevention and
response activities relating to COVID-19 and related
food system threats to protect worker health and
safety.
(2) Health and response needs related to the stability of
the food system and rural economies.--
(A) Incentivizing and facilitating the use of
prevention, response, testing, and treatment by farm
workers and food processing workers relating to COVID-
19 and related food system threats.
(B) Supporting the essential work of veterinarians
and other food safety and animal health workers, first
responders, and other rural professionals with
occupational disease exposure risks.
(C) Supporting farmers and workers who face
elevated risks of contracting COVID-19 due to their
essential work to keep the food system operational and
reliable.
(D) Reducing the risk of zoonotic transfer of
COVID-19 to livestock and wildlife and related disease
risks, including disease risks relating to culling and
carcass disposal.
(3) Preparing for and responding to near-term impacts of
covid-19.--
(A) Developing food safety, worker protection, and
sanitation protocols for food processing plants and
other entities requiring assistance to minimize the
technical, logistical, and financial costs of bringing
plants online and reestablishing continuity of
operations.
(B) Providing technical, financial, and contracting
assistance and direct support to entities to implement
the protocols described in subparagraph (A), including,
at the discretion of the eligible entity--
(i) by providing amounts to carry out those
protocols at no cost to the entities; and
(ii) for the cost of goods or services
necessary to achieve the purposes described in
that subparagraph.
(C) Implementing responses that address disruptions
relating to, or exacerbated by, COVID-19 that--
(i) restore resiliency to the food system;
(ii) improve preparedness for future
disruptions; and
(iii) reduce the impacts to the food supply
chain and rural economy from supply chain
disruptions.
(4) Stabilizing farms and the agriculture economy.--
(A) Stabilizing farm financials--
(i) to prevent the rapid liquidation of
livestock herds or closure of farms; and
(ii) to address changes to planting
decisions for the current and upcoming growing
seasons that reflect current market distortions
rather than longer-term predicted demand.
(B) Providing tools to address the behavioral and
mental health of individuals who are engaged in
farming, ranching, and other occupations relating to
agriculture (within the meaning of section 7522(e)(1)
of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5936(e)(1))).
(C) Facilitating and incentivizing participation in
personalized and workshop-based farm business plan
counseling that promotes farm and agribusiness
decisions that increase the economic resiliency, near-
term financial stability, and ongoing operation of
farms and rural businesses.
(D) Facilitating and incentivizing participation in
personalized and workshop-based farm transition plan
counseling that promotes--
(i) ongoing agricultural uses of the
farmland in transition; and
(ii) the long-term utilization and
improvement of farm assets, including working
forests, orchards, perennial and multiyear
crops, established conservation practices,
flood reduction, and watershed restoration.
(E) Assisting with the costs of activities that
increase the economic diversification, resiliency,
ecosystem services, and watershed restoration for farms
on which the primary labor is provided by the farm
owner, renter, or an individual who is working to
transition into the role as primary laborer, manager,
and owner of the farm, such as through an
apprenticeship.
(F) Providing retirement security options for
farmers who commit to helping a new operator transition
onto their farm, specifically for farms on which--
(i) the primary labor is provided by the
farm owner, renter, or an individual who is
working to transition into the role as primary
laborer, manager, and owner of the farm, such
as through an apprenticeship; and
(ii) the farmland ownership transition is
economically feasible for a beginning farmer.
(G) Addressing urgent or essential needs of rural
communities that support the long-term resiliency of
the local economy and local quality of life.
(5) State collaboration.--Collaborating and coordinating
with other States or eligible entities in other States--
(A) to address risks relating to COVID-19 to public
health, the health of workers in the food supply chain,
and the health of livestock;
(B) to address regional and national supply chain
issues;
(C) to minimize food supply chain disruptions to
consumers via retailers, food banks, and other
distribution methods;
(D) to stabilize agricultural markets;
(E) to improve market transparency; and
(F) for any of the purposes described in paragraphs
(1) through (4).
(h) Duties of the Secretary.--
(1) Expedited provision.--
(A) In general.--The Secretary shall carry out the
Program in such manner as to distribute aid to eligible
entities under the Program as expeditiously as
practicable.
(B) Procedure.--
(i) In general.--Notwithstanding any other
provision of law, regulation, or guidance
relating to the implementation of a grant
program, the Secretary shall implement the
Program by publishing a notice in the Federal
Register.
(ii) Paperwork reduction.--The
administration of the Program shall be made
without regard to chapter 35 of title 44,
United States Code (commonly known as the
``Paperwork Reduction Act'').
(2) Guidance; reporting requirements.--Not later than 14
days after the date of enactment of this Act, the Secretary
shall issue guidance to eligible entities on carrying out the
Program, including--
(A) clear guidance on use of aid received by
eligible entities under the Program;
(B) direction on accounting and information
eligible entities should track for reporting described
in subparagraph (C); and
(C) preliminary guidance on reporting requirements,
which shall be finalized and made publicly available
not later than 45 days after the date of enactment of
this Act.
(3) Coordination of assistance.--The Secretary, in
coordination with the Administrator of the Economic Research
Service and the Director of the National Institute of Food and
Agriculture, and in collaboration with other entities that the
Secretary determines to be relevant to the purposes of the
Program, shall provide technical assistance (and, in the case
of subparagraph (D), financial assistance) to and coordination
among eligible entities and other recipients of aid under the
Program, including--
(A) the provision of regular, and not less
frequently than semi-monthly, public updates with
information and technical assistance relevant to
evolving needs in the food supply chain and rural
economy, including--
(i) economic data that are useful to
stakeholders, including tracking and analyses
of supply chain and agricultural market trends
and abnormalities;
(ii) information on how aid under the
Program is being used by eligible entities and
other recipients of the aid for the purpose of
sharing best practices and effective models for
the use of the aid to address issues in the
food supply chain and rural economy; and
(iii) the most current and best available
information relating to COVID-19, presented in
a manner relevant and applicable to farm and
food businesses and developed in response to
the requests of those businesses, as
appropriate;
(B) the ongoing collection of information on farm-
related indicators of economic resiliency and
stressors, including--
(i) analyses of trends in food product
demand, food supply chain resiliency, and
processing continuity of operations;
(ii) analyses of strength, robustness, and
impacts of efforts to modify standard operating
procedures among entities in the farm and food
supply chains to minimize supply chain
disruptions and business closures during and
related to COVID-19 response; and
(iii) data collection and analyses of the
economic impacts of COVID-19 on farmers and
farmer-serving businesses;
(C) the development of technical assistance to
address the impacts of COVID-19, including through
actions informed by the data and analyses developed
under subparagraphs (A) and (B), by responding to
requests for assistance, and proactively addressing
emerging trends, for the purpose of minimizing the
impact of farm and food supply chain disruptions on--
(i) consumer supplies of food; and
(ii) the solvency of farm businesses, farm-
related businesses, and rural businesses
critical to rural communities;
(D) the provision of technical assistance and
financial assistance to implement the best practices
and effective models described in subparagraph (A)(ii);
and
(E) carrying out other activities, as identified by
the Secretary, in consultation with stakeholders, as
priorities for--
(i) reducing the impact of COVID-19;
(ii) protecting the safety of agricultural
workers or producers; and
(iii) strengthening the economic stability,
viability, and resiliency of farm and food
businesses.
(4) Coordination of federal agencies.--The Secretary of
Agriculture shall--
(A) monitor urgent and emerging issues in the
agriculture economy and food supply chain relating to
COVID-19; and
(B) coordinate with other Federal agencies the
activities of which may be affected by or may affect
the issues described in subparagraph (A) for the
purpose of expeditiously addressing those issues.
(i) Funding.--
(1) In general.--There is appropriated to the Secretary of
Agriculture, out of amounts in the Treasury not otherwise
appropriated, $1,000,000,000 to carry out the Program, to
remain available until expended.
(2) Administration.--The Secretary of Agriculture may use
not more than 3 percent of the amounts made available to carry
out the Program for a fiscal year for administrative expenses,
which shall be prioritized for carrying out paragraphs (3) and
(4) of subsection (h).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
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