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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3785 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 3785

     To authorize the Secretary of Agriculture to provide food and 
      agriculture emergency aid to States, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2020

  Ms. Baldwin (for herself, Ms. Collins, and Mr. King) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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).
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