II 

116TH CONGRESS 

2D SESSION S. 4140 

To provide additional emergency funding for certain nutrition programs. 

IN THE SENATE OF THE UNITED STATES 

JULY 1, 2020 

Mr. BOOKER introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To provide additional emergency funding for certain nutrition 

programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Local Food Assistance 

5 and Resilient Markets Act of 2020’’ or the ‘‘Local FARM 

6 Act of 2020’’. 

7 SEC. 2. DEFINITION OF SECRETARY. 

8 In this Act, the term ‘‘Secretary’’ means the Sec9 retary of Agriculture. 

10 SEC. 3. SPECIALTY CROP BLOCK GRANTS. 

11 (a) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) an emergency feeding organization (as 

4 defined in section 201A of the Emergency Food 

5 Assistance Act of 1983 (7 U.S.C. 7501)); and 

6 (B) a local or regional food enterprise, in7 cluding a farmers market, a food hub, an agri8 cultural cooperative, a producer association, a 

9 nonprofit organization, and a for-profit entity 

10 focused primarily on marketing locally grown 

11 food. 

12 (2) PROGRAM.—The term ‘‘program’’ means 

13 the specialty crop block grant program established 

14 under section 101 of the Specialty Crops Competi15 tiveness Act of 2004 (7 U.S.C. 1621 note; Public 

16 Law 108–465). 

17 (b) GRANTS.— 

18 (1) IN GENERAL.—The Secretary shall provide 

19 grants to States under the program to award as sub20 grants to eligible entities to procure and distribute 

21 specialty crops to needy persons at zero cost to those 

22 persons. 

23 (2) DISTRIBUTION REQUIREMENT.—Of the 

24 grant amount provided to a State under paragraph 


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1 (1), a State shall use 50 percent to award subgrants 

2 to eligible entities that purchase specialty crops— 

3 (A) from small, beginning, and socially dis4 advantaged farmers or ranchers (as defined in 

5 section 355(e) of the Consolidated Farm and 

6 Rural Development Act (7 U.S.C. 2003(e))); 

7 and 

8 (B) that would otherwise be sold through 

9 direct-to-consumer, direct-to-institution, direct10 to-retail, or direct-to-restaurant marketing 

11 channels, including local and regional food en12 terprises such as food hubs, agricultural co13 operatives, and producer associations. 

14 (c) USE OF FUNDS.—An eligible entity receiving a 

15 subgrant under subsection (b)(1)— 

16 (1) shall use not less than 50 percent of the 

17 subgrant funds for specialty crop purchases; and 

18 (2) may use the remaining subgrant funds for 

19 transportation, storage, overhead, and investment in 

20 cold storage infrastructure. 

21 (d) FUNDING.— 

22 (1) IN GENERAL.—There is appropriated to the 

23 Secretary, out of funds of the Treasury not other24 wise appropriated, $1,000,000,000 to carry out this 

25 section, to remain available until expended. 


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1 (2) EMERGENCY DESIGNATION.— 

2 (A) IN GENERAL.—The amounts provided 

3 by this subsection are designated as an emer4 gency requirement pursuant to section 4(g) of 

5 the Statutory Pay-As-You-Go Act of 2010 (2 

6 U.S.C. 933(g)). 

7 (B) DESIGNATION IN SENATE.—In the 

8 Senate, this subsection is designated as an 

9 emergency requirement pursuant to section 

10 4112(a) of H. Con. Res. 71 (115th Congress), 

11 the concurrent resolution on the budget for fis12 cal year 2018. 

13 SEC. 4. ONLINE SUPPLEMENTAL NUTRITION ASSISTANCE 

14 PROGRAM. 

15 (a) DEFINITION OF PROGRAM.—In this section, the 

16 term ‘‘program’’ means the supplemental nutrition assist17 ance program established under the Food and Nutrition 

18 Act of 2008 (7 U.S.C. 2011 et seq.). 

19 (b) GRANTS.— 

20 (1) IN GENERAL.—Not later than August 15, 

21 2020, the Secretary, acting through the Adminis22 trator of the Food and Nutrition Service, shall dis23 tribute grants to State agencies that administer the 

24 program in the State to develop tools and provide 

25 technical assistance— 


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1 (A) to increase the quantity of retailers 

2 that accept and redeem program benefits on3 line; and 

4 (B) to expand the capacity of retailers to 

5 accept and redeem program benefits online. 

6 (2) PRIORITY FOR USE OF FUNDS.—In using a 

7 grant received under paragraph (1), a State agency 

8 shall give priority, and use not less than 25 percent 

9 of the grant funds, to assist— 

10 (A) farmers markets, food hubs, agricul11 tural and consumer cooperatives, producer asso12 ciations, nonprofit organizations, and for-profit 

13 entities focused primarily on marketing locally 

14 grown food; and 

15 (B) retailers in food deserts that sold less 

16 than $500,000 in food products in the pre17 ceding year. 

18 (3) MAXIMUM AMOUNT.—The amount of a 

19 grant distributed under paragraph (1) shall not ex20 ceed $2,500,000. 

21 (c) FUNDING.— 

22 (1) IN GENERAL.—There is appropriated to the 

23 Secretary, out of amounts in the Treasury not other24 wise appropriated, $100,000,000 to carry out sub25 section (b), to remain available until expended. 


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1 (2) EMERGENCY DESIGNATION.— 

2 (A) IN GENERAL.—The amounts provided 

3 by this subsection are designated as an emer4 gency requirement pursuant to section 4(g) of 

5 the Statutory Pay-As-You-Go Act of 2010 (2 

6 U.S.C. 933(g)). 

7 (B) DESIGNATION IN SENATE.—In the 

8 Senate, this subsection is designated as an 

9 emergency requirement pursuant to section 

10 4112(a) of H. Con. Res. 71 (115th Congress), 

11 the concurrent resolution on the budget for fis12 cal year 2018. 

13 SEC. 5. TEMPORARY MODIFICATIONS TO MATCHING RE14 QUIREMENTS UNDER CERTAIN NUTRITION 

15 PROGRAMS. 

16 (a) ACCESS TO LOCAL FOODS: FARM TO SCHOOL

17 PROGRAM.—Section 18(g)(4) of the Richard B. Russell 

18 National School Lunch Act (42 U.S.C. 1769(g)(4)) is 

19 amended— 

20 (1) in subparagraph (A), by striking ‘‘The Fed21 eral’’ and inserting ‘‘Subject to subparagraph (C), 

22 the Federal’’; 

23 (2) in subparagraph (B), by striking ‘‘As a con24 dition’’ and inserting ‘‘Subject to subparagraph (C), 

25 as a condition’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(C) TEMPORARY WAIVER.— 

3 ‘‘(i) DEFINITION OF COVERED PE4 RIOD.—In this subparagraph, the term 

5 ‘covered period’ means the period begin6 ning on the date of enactment of the Local 

7 FARM Act of 2020 and ending on the last 

8 day of the second fiscal year beginning 

9 after that date of enactment. 

10 ‘‘(ii) TEMPORARY WAIVER.—During 

11 the covered period, the Federal share of 

12 costs for a project funded through a grant 

13 awarded under this subsection shall equal 

14 100 percent of the total cost of the 

15 project.’’. 

16 (b) GUS SCHUMACHER NUTRITION INCENTIVE PRO17 GRAM.—Section 4405(b)(1)(C) of the Food, Conservation, 

18 and Energy Act of 2008 (7 U.S.C. 7517(b)(1)(C)) is 

19 amended— 

20 (1) by striking ‘‘Except as provided in subpara21 graph (D)(iii)’’ and inserting the following: 

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (ii) and subparagraph 

24 (D)(iii)’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(ii) TEMPORARY REDUCTION.— 

2 ‘‘(I) DEFINITION OF COVERED

3 PERIOD.—In this clause, the term 

4 ‘covered period’ means the period be5 ginning on the date of enactment of 

6 the Local FARM Act of 2020 and 

7 ending on the last day of the second 

8 fiscal year beginning after that date 

9 of enactment. 

10 ‘‘(II) TEMPORARY REDUCTION.— 

11 During the covered period, the Fed12 eral share of the cost of carrying out 

13 an activity under this subsection shall 

14 not exceed 75 percent of the total cost 

15 of the activity.’’. 

16 (c) COMMUNITY FOOD PROJECTS.—Section 25(e) of 

17 the Food and Nutrition Act of 2008 (7 U.S.C. 2034(e)) 

18 is amended— 

19 (1) in paragraph (1), by striking ‘‘The Federal’’ 

20 and inserting ‘‘Subject to paragraph (4), the Fed21 eral’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(4) TEMPORARY WAIVER.— 

24 ‘‘(A) DEFINITION OF COVERED PERIOD.— 

25 In this paragraph, the term ‘covered period’ 


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1 means the period beginning on the date of en2 actment of the Local FARM Act of 2020 and 

3 ending on the last day of the second fiscal year 

4 beginning after that date of enactment. 

5 ‘‘(B) TEMPORARY REDUCTION.—During 

6 the covered period, the Federal share of the 

7 cost of establishing or carrying out a commu8 nity food project under subsection (b) shall 

9 equal 100 percent of the total cost of the 

10 project.’’. 

11 SEC. 6. LOCAL AGRICULTURE MARKET PROGRAM; BEGIN12 NING FARMER AND RANCHER DEVELOPMENT 

13 GRANT PROGRAM. 

14 (a) LOCAL AGRICULTURE MARKET PROGRAM.— 

15 (1) IN GENERAL.—There is appropriated for 

16 the Department of Agriculture, out of amounts in 

17 the Treasury not otherwise appropriated, 

18 $500,000,000 for fiscal year 2020, to remain avail19 able until expended, to carry out the Local Agri20 culture Market Program established under section 

21 210A of the Agricultural Marketing Act of 1946 (7 

22 U.S.C. 1627c). 

23 (2) RESERVATIONS OF AMOUNTS.—Of the 

24 amount made available under paragraph (1)— 


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1 (A) $100,000,000 shall be used to provide 

2 grants under the program described in that 

3 paragraph to recipients of grants under that 

4 program that were awarded before the date of 

5 enactment of this Act for projects to respond to 

6 the COVID–19 pandemic; 

7 (B) $100,000,000 shall be used to provide 

8 grants under the program described in that 

9 paragraph to organizations that serve socially 

10 disadvantaged farmers or ranchers (as defined 

11 in section 355(e) of the Consolidated Farm and 

12 Rural Development Act (7 U.S.C. 2003(e))); 

13 (C) $25,000,000 shall be used for grants 

14 under paragraph (5) of section 210A(d) of the 

15 Agricultural Marketing Act of 1946 (7 U.S.C. 

16 1627c(d)) to carry out market rebuilding 

17 projects authorized under paragraph (2)(K) of 

18 that section; and 

19 (D) $25,000,000 shall be used for grants 

20 under paragraph (6) of that section to carry 

21 out those market rebuilding projects. 

22 (3) MARKET REBUILDING PROJECTS.—Section 

23 210A(d)(2) of the Agricultural Marketing Act of 

24 1946 (7 U.S.C. 1627c(d)(2)) is amended— 


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1 (A) in subparagraph (I), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (J)(ii), by striking 

4 the period at the end and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(K) to rebuild a market for a value-added 

7 agricultural product that has been impacted by 

8 COVID–19 during the period beginning on the 

9 date of enactment of this subparagraph and 

10 ending on the last day of the second fiscal year 

11 beginning after that date of enactment.’’. 

12 (4) PAYMENTS FOR COVID–19 LOSSES.—Section 

13 210A(d) of the Agricultural Marketing Act of 1946 

14 (7 U.S.C. 1627c(d)) is amended by adding at the 

15 end the following: 

16 ‘‘(7) PAYMENTS FOR COVID–19 LOSSES.— 

17 ‘‘(A) IN GENERAL.—The Secretary may 

18 make payments to entities eligible to receive a 

19 grant under paragraph (5) or (6) that submit 

20 to the Secretary an application at such time, in 

21 such manner, and containing— 

22 ‘‘(i) a description of how the business 

23 of the applicant has been impacted by 

24 COVID–19; 


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1 ‘‘(ii) a narrative explaining how the 

2 applicant proposes to use those payments 

3 to expand the capacity of the sales of the 

4 applicant to properly package and sell agri5 cultural products to consumers; and 

6 ‘‘(iii) such other information as the 

7 Secretary may require. 

8 ‘‘(B) APPLICABILITY OF LIMITATIONS.—A 

9 payment under this paragraph shall not be sub10 ject to the limitations specified in subpara11 graphs (D) and (E) of paragraph (5) or (6), as 

12 applicable.’’. 

13 (b) WAIVER OF MATCHING FUNDS REQUIRE14 MENTS.— 

15 (1) DEFINITION OF COVERED PERIOD.—In this 

16 subsection, the term ‘‘covered period’’ means the pe17 riod beginning on the date of enactment of this Act 

18 and ending on the last day of the second fiscal year 

19 beginning after that date of enactment. 

20 (2) VALUE-ADDED PRODUCER GRANTS.—Sub21 paragraph (E) of section 210A(d)(5) of the Agricul22 tural Marketing Act of 1946 (7 U.S.C. 1627c(d)(5)) 

23 shall not apply to a grant awarded under that sec24 tion during the covered period. 


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1 (3) FARMERS’ MARKETS AND LOCAL FOOD PRO2 MOTION PROGRAM.—Subparagraph (E) of section 

3 210A(d)(6) of the Agricultural Marketing Act of 

4 1946 (7 U.S.C. 1627c(d)(6)) shall not apply to a 

5 grant awarded under that section during the covered 

6 period. 

7 (4) REGIONAL PARTNERSHIPS.—Paragraph (4) 

8 of section 210A(e) of the Agricultural Marketing Act 

9 of 1946 (7 U.S.C. 1627c(e)) shall not apply to a 

10 grant awarded under that section during the covered 

11 period. 

12 (5) BEGINNING FARMER AND RANCHER DEVEL13 OPMENT GRANT PROGRAM.—Paragraph (5) of sec14 tion 2501(d) of the Food, Agriculture, Conservation, 

15 and Trade Act of 1990 (7 U.S.C. 2279(d)) shall not 

16 apply to a grant awarded under that section during 

17 the covered period. 

18 SEC. 7. FARM MICROLOANS. 

19 Section 313(c) of the Consolidated Farm and Rural 

20 Development Act (7 U.S.C. 1943(c)) is amended— 

21 (1) in paragraph (2), by striking ‘‘$50,000’’ 

22 and inserting ‘‘$100,000’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(5) COVID–19 RESPONSE.— 

25 ‘‘(A) DEFINITIONS.—In this paragraph: 


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1 ‘‘(i) COVERED MICROLOAN.—The 

2 term ‘covered microloan’ means a direct or 

3 guaranteed microloan under this sub4 section— 

5 ‘‘(I) that is outstanding as of the 

6 date of enactment of this paragraph; 

7 or 

8 ‘‘(II) that is made or guaranteed 

9 by the Secretary during the covered 

10 period. 

11 ‘‘(ii) COVERED PERIOD.—The term 

12 ‘covered period’ means the period begin13 ning on the date of enactment of this para14 graph and ending on the last day of the 

15 second fiscal year beginning after the date 

16 on which the public health emergency de17 clared by the Secretary of Health and 

18 Human Services under section 319 of the 

19 Public Health Service Act (42 U.S.C. 

20 247d) on January 31, 2020, with respect 

21 to COVID–19 is lifted. 

22 ‘‘(B) EXEMPTIONS.— 

23 ‘‘(i) PROHIBITION OF LOANS FOR

24 BORROWERS THAT HAVE RECEIVED DEBT

25 FORGIVENESS.—Notwithstanding section 


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1 373(b)(1), a borrower shall not be ineli2 gible to receive a covered microloan be3 cause the borrower has received debt for4 giveness described in subparagraph (A) or 

5 (B) of that section. 

6 ‘‘(ii) PROHIBITION ON DELINQUENT

7 BORROWERS OBTAINING LOANS.—Notwith8 standing section 373(a) or any other provi9 sion of law, a borrower shall not be ineli10 gible to receive a covered microloan be11 cause the borrower is delinquent on any 

12 loan made or guaranteed under this title or 

13 any other Federal law. 

14 ‘‘(iii) REQUIREMENT TO BE UNABLE

15 TO OBTAIN CREDIT ELSEWHERE.—Not16 withstanding sections 302(a)(1)(D), 

17 311(a)(1)(D), and 333(1)(A), a borrower 

18 shall not be required to demonstrate an in19 ability to obtain sufficient credit elsewhere 

20 to be eligible to receive a covered 

21 microloan. 

22 ‘‘(iv) CITIZENSHIP REQUIREMENT.— 

23 Notwithstanding sections 302(a)(1)(A) and 

24 311(a)(1)(A), a borrower shall not be reVerDate Sep 11 2014 17:26 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4140.IS S4140

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1 quired to be a citizen of the United States 

2 to receive a covered microloan. 

3 ‘‘(v) ACCEPTABLE CREDIT HISTORY

4 REQUIREMENT.—Notwithstanding any 

5 other provision of this title, a borrower 

6 shall not be ineligible to receive a covered 

7 microloan because the borrower has a lack 

8 of an acceptable credit history. 

9 ‘‘(C) EXTENSION OF TERMS; INTEREST AS10 SISTANCE.— 

11 ‘‘(i) EXTENSION OF TERMS.—The 

12 Secretary shall extend the term of a cov13 ered microloan for a period of 10 years at 

14 an interest rate of— 

15 ‘‘(I) 1 percent or less; or 

16 ‘‘(II) in the case of guaranteed 

17 covered microloan under clause (ii), 

18 zero percent. 

19 ‘‘(ii) INTEREST ASSISTANCE FOR

20 GUARANTEED MICROLOANS.— 

21 ‘‘(I) IN GENERAL.—The Sec22 retary shall enter into contracts under 

23 section 351 to reduce the interest rate 

24 paid by a borrower on a guaranteed 

25 covered microloan to zero percent for 


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1 the remaining term of the guaranteed 

2 covered microloan. 

3 ‘‘(II) EXEMPTION OF REQUIRE4 MENT TO BE UNABLE TO OBTAIN

5 CREDIT ELSEWHERE.—Notwith6 standing section 351(b)(1)(A), a bor7 rower shall not be required to dem8 onstrate an inability to obtain suffi9 cient credit elsewhere to be eligible for 

10 an interest rate reduction described in 

11 subclause (I). 

12 ‘‘(D) DIRECT APPROPRIATION.—There is 

13 appropriated for the Department of Agri14 culture, out of amounts in the Treasury not 

15 otherwise appropriated, $350,000,000 for each 

16 fiscal year during the covered period to make 

17 and guarantee microloans under this sub18 section. 

19 ‘‘(6) PRIORITY.—In making and guaranteeing 

20 microloans under this subsection, the Secretary shall 

21 give priority to— 

22 ‘‘(A) beginning farmers or ranchers; 

23 ‘‘(B) socially disadvantaged farmers or 

24 ranchers (as defined in section 355(e)); and 


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1 ‘‘(C) owners or operators of niche or non2 traditional farm operations, as defined by the 

3 Secretary.’’. 

Æ 


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