I 
116TH CONGRESS 
2D SESSION 
H. R. 8042 
To provide for agricultural economic injury disaster loans, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 14, 2020 
Mrs. HAYES (for herself and Mr. DELGADO) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
the Committee on Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for agricultural economic injury disaster loans, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Helping America’s 
Farmers Act’’. 
SEC. 2. AGRICULTURAL ECONOMIC INJURY DISASTER 
LOAN. 
(a) DEFINITIONS.—In this section: 
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(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a producer— 
(i) of horticulture, nursery crops, flo-
riculture, non-specialty crops, wool, live-
stock, dairy, aquaculture, or specialty 
crops; or 
(ii) engaged in the production of food 
and fiber; or 
(B) a farmer or rancher. 
(2) LARGE
ELIGIBLE
ENTITY.—The term 
‘‘large eligible entity’’ means an eligible entity with 
an adjusted gross income of greater than $500,000. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the Ad-
ministrator of the Farm Service Agency. 
(4) SMALL
ELIGIBLE
ENTITY.—The term 
‘‘small eligible entity’’ means an eligible entity with 
an adjusted gross income of less than or equal to 
$500,000. 
(b) AGRICULTURAL ECONOMIC INJURY DISASTER 
LOAN PROGRAM.— 
(1) IN
GENERAL.—The Secretary shall carry 
out a program to make loans under this subsection 
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to small eligible entities for the purposes described 
in paragraph (3). 
(2) TERMS OF LOANS.— 
(A) AMOUNT OF LOAN.—In carrying out 
this subsection, the Secretary shall make loans 
to small eligible entities in an amount less than 
or equal to $2,000,000. 
(B) INTEREST RATE.—A loan under sub-
paragraph (A) shall have an interest rate equal 
to zero percent. 
(C) REPAYMENT.—The Secretary shall es-
tablish the repayment terms with respect to 
each loan to a small eligible entity under this 
subsection, except that such repayment may 
not— 
(i) begin before the date that is 1 year 
after the date on which such loan is made 
to such small eligible entity; and 
(ii) be for a period of less than 10 
years or a period of greater than 15 years; 
and 
(D) 
WAIVER
OF
CERTAIN
REQUIRE-
MENTS.—With respect to a loan made under 
this subsection in response to an economic dis-
aster, the Secretary shall waive— 
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(i) any rules related the personal 
guarantee on advances and loans of not 
more than $200,000 for all applicants; 
(ii) any requirement that the small el-
igible entity exhaust other loan options be-
fore applying for a loan under this sub-
section; and 
(iii) any requirement that an appli-
cant needs to be in business for the 1-year 
period before the disaster, except that no 
waiver may be made for a business that 
was not in operation on January 31, 2020. 
(E) PRIORITY.—In making loans under 
this subsection the Secretary shall give priority 
to— 
(i) small eligible entities located in 
States most impacted by an economic dis-
aster, as determined by the Secretary; 
(ii) minority, veteran, and women 
farmers and ranchers; and 
(iii) such other small eligible entities 
as the Secretary determines appropriate. 
(3) USE
OF
FUNDS.—A small eligible entity 
that receives a loan under this subsection shall use 
the loan funds to— 
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(A) provide paid sick leave to employees 
unable to work due to the direct effect of an 
economic disaster; 
(B) maintain payroll to retain employees 
during business disruptions or substantial slow-
downs; 
(C) meet increased costs to obtain mate-
rials unavailable from the applicant’s original 
source due to interrupted supply chains; 
(D) make rent or mortgage payments; 
(E) purchase personal protective equip-
ment; and 
(F) repay obligations that cannot be met 
due to revenue losses. 
(4) FORGIVENESS.—A small eligible entity shall 
be eligible for forgiveness of indebtedness on a loan 
under this subsection in an amount determined by 
the Secretary based on the losses of the small eligi-
ble entity— 
(A) due to commodity price decreases dur-
ing an economic disaster; or 
(B) revenue loss due to an economic dis-
aster, including from— 
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(i) canceled purchasing contracts or 
agreements with schools, institutions, food 
hubs, and restaurants; 
(ii) loss of recurring deliveries of farm 
products to schools, institutions, food hubs, 
and restaurants; or 
(iii) any other unexpected source dur-
ing such economic disaster. 
(c) LOAN GUARANTEES.—The Secretary may guar-
antee a loan made by lenders approved by the Farm Serv-
ice Agency to large eligible entities if— 
(1) such loan— 
(A) is for the purposes described in sub-
section (b)(3); 
(B) is in an amount greater than 
$2,000,000; 
(C) has an interest rate equal to or less 
than 1 percent; and 
(D) has a repayment term that— 
(i) begins after the date that is 1 year 
after the date on which such loan is made 
an eligible entity; and 
(ii) is for a period of not less than 15 
years and not greater than 20 years; and 
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(2) the lender making such loan offers forgive-
ness of indebtedness on such loan under such terms 
as the Secretary determines are commensurate with 
the loan forgiveness under subsection (b)(4). 
(d) APPROVAL AND ABILITY TO REPAY FOR SMALL 
DOLLAR LOANS.—With respect to a loan made under sub-
section (b) in response to an economic disaster, the Sec-
retary may— 
(1) approve an applicant based solely on the 
credit score of the applicant and shall not require an 
applicant to submit a tax return or a tax return 
transcript for such approval; or 
(2) use alternative appropriate methods to de-
termine an applicant’s ability to repay. 
(e) EMERGENCY GRANT.— 
(1) IN GENERAL.—An eligible entity that ap-
plies for a loan under subsection (b) or a loan guar-
antee under subsection (c) in response to an eco-
nomic disaster may request that the Secretary pro-
vide an advance that is, subject to paragraph (3), in 
the amount requested by such applicant to such ap-
plicant within 3 days after the Secretary receives an 
application from such applicant. 
(2) VERIFICATION.—Before disbursing amounts 
under this subsection, the Secretary shall verify that 
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the applicant is an eligible entity by accepting a self- 
certification from the applicant under penalty of per-
jury pursuant to section 1746 of title 28 United 
States Code. 
(3) AMOUNT.—The amount of an advance pro-
vided under this subsection shall be not less than 
$20,000. 
(4) USE
OF
FUNDS.—An advance provided 
under this subsection may be used to address any al-
lowable purpose for a loan made under subsection 
(b) or a loan guarantee made under subsection (c). 
(5) REPAYMENT.—An applicant shall not be re-
quired to repay any amounts of an advance provided 
under this subsection, even if subsequently denied a 
loan under subsection (b) or a loan guarantee under 
subsection (c). 
(f) OTHER BENEFITS.—Receipt of a grant, loan, or 
loan guarantee under this section shall not be construed 
as to prohibit receipt of any Federal grant, loan, or other 
aid. 
(g) TAXABILITY.—For purposes of the Internal Rev-
enue Code of 1986— 
(1) any amount which would be includible in 
gross income of the eligible entity by reason of for-
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giveness described in this paragraph shall be ex-
cluded from gross income; and 
(2) any amount received under this section shall 
be excluded from gross income. 
(h) FUNDING.—There is hereby appropriated, out of 
any amounts in the Treasury not otherwise appro-
priated— 
(1) $6,000,000,000, to remain available until 
September 30, 2021, to make loans to small eligible 
entities under this section; 
(2) $6,000,000,000, to remain available until 
September 30, 2021, to make loan guarantees to 
large eligible entities under this section; 
(3) $4,000,000,000, to remain available until 
September 30, 2021, to make grants under sub-
section (e) to small eligible entities; and 
(4) $4,000,000,000, to remain available until 
September 30, 2021, to make grants under sub-
section (e) to large eligible entities. 
SEC. 3. TRAINING FOR LOAN SERVICERS. 
There is hereby appropriated, out of any amounts in 
the Treasury not otherwise appropriated, $300,000,000, 
to the Secretary of Agriculture to carry out a training pro-
gram to provide Farm Service Agency staff with appro-
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priate training relating to economic injury loan processing 
and servicing under section 2. 
Æ 
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