I 
116TH CONGRESS 
2D SESSION 
H. R. 8096 
To direct the Secretary of Agriculture to make payments to direct marketing 
farmers affected by COVID–19, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 25, 2020 
Ms. ADAMS introduced the following bill; which was referred to the Committee 
on Agriculture 
A BILL 
To direct the Secretary of Agriculture to make payments 
to direct marketing farmers affected by COVID–19, 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 ‘‘Local and Regional 
Farmer and Market Support Act’’. 
SEC. 2. PAYMENTS FOR DIRECT MARKETING FARMERS AF-
FECTED BY COVID–19. 
(a) FUNDING FOR PAYMENTS.— 
(1) IN GENERAL.—Subject to paragraph (2), of 
the funds of the Commodity Credit Corporation, the 
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Secretary shall use $1,000,000,000 for fiscal year 
2020, to remain available until expended, to carry 
out payments under this section. 
(2) RESERVATION
FOR
SOCIALLY
DISADVAN-
TAGED
FARMERS
OR
RANCHERS.—Of the funds 
made available under paragraph (1), the Secretary 
shall reserve 20 percent for payments to socially dis-
advantaged farmers or ranchers under this section 
for fiscal year 2020. 
(3) AWARD
OF
PAYMENTS.—The Secretary 
shall make all payments under this section not later 
than 210 days after the date of the enactment of 
this Act. 
(b) ELIGIBILITY.— 
(1) APPLICATION.— 
(A) IN
GENERAL.—The Secretary shall 
provide a payment to a covered producer that 
submits to the Secretary an application in ac-
cordance with subparagraph (B) demonstrates, 
as determined by the Secretary, that— 
(i) the producer is a covered producer; 
and 
(ii) either— 
(I) the revenue of the covered 
producer was reduced by 5 percent or 
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greater during the covered period, as 
compared to the benchmark revenue 
of the covered producer; or 
(II) the covered producer has in-
curred increased costs in excess of 5 
percent due to the COVID–19 emer-
gency during the covered period. 
(B) TIMING.—To be eligible to receive a 
payment under this section, a covered producer 
shall submit to the Secretary an application de-
scribed in subparagraph (A), not later than 120 
days after the date of the enactment of this 
Act. 
(2) BENCHMARK REVENUE.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the benchmark revenue of 
a covered producer shall be any 1 calendar year 
in the 3 calendar years prior to the first day of 
the covered period, as determined by the cov-
ered producer. 
(B) VERY NEW PRODUCERS.—In the case 
of a covered producer that has been in oper-
ation for less than 1 year before the first day 
of the covered period, the Secretary shall— 
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(i) determine the benchmark revenue 
based on comparable farm operations in 
such manner as the Secretary determines 
appropriate; and 
(ii) prorate payments under this sec-
tion. 
(3) DOCUMENTATION.—For purposes of dem-
onstrating revenue and expenses under this section, 
a covered producer or applicant, as applicable, shall 
use at least one of the following: 
(A) Self-certification. 
(B) Contracts, receipts, or other agree-
ments that document direct sales to consumers, 
food service providers, schools, institutions, res-
taurants, retailers, and intermediary businesses 
that market locally or regionally branded prod-
ucts. 
(C) Records of crop year revenue from 
2017 through 2019. 
(D) Tax documents. 
(E) Other legitimate documents, as deter-
mined by the Secretary. 
(4) SELF CERTIFICATION LIMITATION.— 
(A) PAYMENT
AMOUNT.—A covered pro-
ducer that demonstrates revenue and expenses 
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using only self-certification may not receive di-
rectly or indirectly a total amount of payments 
greater than $6,000 under this section. 
(B) VERY
NEW
PRODUCERS.—A covered 
producer that is a very new producer (as de-
scribed in paragraph (2)(B)) may not dem-
onstrate revenue and expenses under paragraph 
(3) using self-certification. 
(5) CROP INSURANCE.—The Secretary may not 
condition a payment under this section on participa-
tion in a plan or policy under the Federal Crop In-
surance Act (7 U.S.C. 1501 et seq.) or in the non-
insured crop assistance program under section 196 
of the Federal Agriculture Improvement and Reform 
Act of 1996 (7 U.S.C. 7333). 
(6) FARM NUMBER.—A covered producer shall 
be eligible to receive payments, regardless of whether 
such covered producer has a farm number. 
(c) AMOUNT.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the amount of a payment to a covered pro-
ducer under this section shall be equal to— 
(A) in the case of a covered producer with 
a benchmark revenue of less than $5,000, 70 
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percent of that benchmark revenue, but in no 
case less than $1,500; 
(B) in the case of a covered producer with 
a benchmark revenue of equal to or greater 
than $5,000 and less than $10,000, 60 percent 
of that benchmark revenue, but in no case less 
than $3,500; 
(C) in the case of a covered producer with 
a benchmark revenue of equal to or greater 
than $10,000 and less than $25,000, 55 per-
cent of that benchmark revenue, but in no case 
less than $6,000; 
(D) in the case of a covered producer with 
a benchmark revenue of equal to or greater 
than $25,000 and less than $100,000, 50 per-
cent of that benchmark revenue, but in no case 
less than $13,750; 
(E) in the case of a covered producer with 
a benchmark revenue of equal to or greater 
than $100,000 and less than $250,000, 40 per-
cent of that benchmark revenue, but in no case 
less than $50,000, and not more than 
$150,000; and 
(F) in the case of a covered producer with 
a benchmark revenue of equal to or greater 
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than $250,000 and less than $900,000, 
$150,000. 
(2) PAYMENT LIMITATION.—The total amount 
of payments received under this section by a covered 
producer, directly or indirectly, may not exceed 
$150,000. 
(3) DEDUCTION OF PREVIOUS PAYMENTS.—A 
payment made to a covered producer under this sec-
tion shall be reduced by reduced by the amount of 
any payments received by such covered producer on 
or before August 28, 2020, under the Coronavirus 
Food Assistance Program of the Department of Ag-
riculture, as specified in part 9 of title 7, Code of 
Federal Regulations (or successor regulations). 
(d) ADJUSTED GROSS INCOME LIMITATION.—A cov-
ered producer may not be eligible to receive a payment 
under this section if the average adjusted gross income 
of the covered producer exceeds $900,000. 
(e) REGULATIONS.—The Secretary shall issue a rule 
to carry out this section not later than 30 days after the 
date of the enactment of this Act. 
(f) TEMPORARY ADMINISTRATIVE PROHIBITION ON 
USING ADMINISTRATIVE OFFSET IN CERTAIN CASES.— 
During the period beginning on the date of the enactment 
of this Act and ending on September 30, 2021, the Sec-
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retary of Agriculture may not collect any payment made 
to a covered producer under this section in satisfaction 
of a claim as authorized under section 3716 of title 31, 
United States Code. 
(g) DEFINITIONS.—In this Act: 
(1) BENCHMARK REVENUE.—The term ‘‘bench-
mark revenue’’ means, with respect to a covered pro-
ducer, the revenue for the 1-year period selected 
under section 3(b)(2). 
(2) COVERED PERIOD.—The term ‘‘covered pe-
riod’’ means the period beginning on January 31, 
2020, and ending on that date on which the declara-
tion referred to in paragraph (4) (and any renewal 
thereof) terminates. 
(3) COVERED PRODUCER.— 
(A) IN GENERAL.—The term ‘‘covered pro-
ducer’’ means a farmer, livestock producer, 
shellfish grower, or other producer who derives 
at least 25 percent of total farm income from 
any combination of the following direct mar-
keting arrangement in which the producer sells 
to: 
(i) The final consumer such as 
through 
farmers’ 
markets, 
community 
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sponsored 
agriculture 
programs, 
farm 
stands, or online sales. 
(ii) Retailers including supermarkets, 
supercenters, restaurants, caterers, inde-
pendent grocery stores, and food coopera-
tives. 
(iii) Institutions such as schools, col-
leges, universities, hospitals, as well as 
intermediary business such as wholesalers 
distributors, food hubs. 
(B) EXCLUSIONS.—The term ‘‘covered 
producer’’ does not include livestock or poultry 
integrators, processors, or other business enti-
ties relating to livestock and poultry production 
that do not raise livestock or poultry. 
(4) 
COVID–19 
EMERGENCY.—The 
term 
‘‘COVID–19 emergency’’ means the public health 
emergency declared by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) on January 
31, 2020, with respect to COVID–19. 
(5) REVENUE.—The term ‘‘revenue’’, with re-
spect to a covered producer, means total farm rev-
enue, including revenue derived from agritourism ac-
tivities conducted by a covered producer. 
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(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(7) SOCIALLY
DISADVANTAGED
FARMER
OR 
RANCHER.—The term ‘‘socially disadvantaged farm-
er or rancher’’ has the meaning given the term in 
section 2501(a) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 2279(a)). 
(8) FARM NUMBER.—The term ‘‘farm number’’ 
has the meaning given the term in section 718.2 of 
title 7, Code of Federal Regulations (as in effect on 
the date of enactment of this Act). 
SEC. 3. EMERGENCY ASSISTANCE FOR FARMERS AND 
FARMERS’ MARKETS. 
(a) COVID–19 EMERGENCY MARKET RESPONSE 
GRANTS.—Section 210A of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1627c)— 
(1) in subsection (d), by adding at the end the 
following: 
‘‘(7) COVID–19 
EMERGENCY
MARKET
RE-
SPONSE GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
award to eligible entities described in para-
graphs (5)(B) and (6)(B) emergency grants to 
develop new or alternative marketing projects to 
respond to the COVID–19 pandemic. 
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‘‘(B) REQUESTS
FOR
PROPOSALS.—Not 
later than 30 days after the date of the enact-
ment of the Local and Regional Farmer and 
Market Support Act, the Secretary shall issue a 
request for proposals for grants under subpara-
graph (A). 
‘‘(C) APPLICATION.—Eligible entities seek-
ing a grant under this paragraph shall submit 
to the Secretary an application at such time 
and in such manner as the Secretary shall re-
quire. Such application shall contain— 
‘‘(i) in the case of an eligible entity 
described in paragraph (5)(B)— 
‘‘(I) a description of how the en-
terprises of such eligible entity has 
been impacted by COVID–19; and 
‘‘(II) a narrative explaining how 
the eligible entity proposes to use 
grant funding to respond to the im-
pacts of COVID–19 and to create or 
increase marketing opportunities for 
value-added agricultural products; 
‘‘(ii) in the case of eligible entities de-
scribed in paragraph (6)(B)— 
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‘‘(I) a description of how local 
and regional food markets and enter-
prises served by such eligible entities 
have been impacted by COVID–19; 
and 
‘‘(II) a narrative explaining how 
the applicant proposes to use grant 
funding to respond to the impacts of 
COVID–19 on local and regional food 
markets or enterprises and to facili-
tate marketing and sales of agricul-
tural products to consumers; and 
‘‘(iii) such other information as the 
Secretary may require. 
‘‘(D) PRIORITY.— 
‘‘(i) VALUE-ADDED
PRODUCER
PRO-
GRAM PRIORITY.— 
‘‘(I) IN
GENERAL.—In making 
grants under this paragraph to eligi-
ble entities described in paragraph 
(5)(B), the Secretary shall give pri-
ority to applications submitted by an 
eligible entity that is— 
‘‘(aa) a socially disadvan-
taged farmer or rancher (as de-
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fined in section 2501(a) of the 
Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 
2279(a))); or 
‘‘(bb) a minority business 
enterprise. 
‘‘(II) 
HIGHEST
PRIORITY.—In 
giving priority under clause (i), the 
Secretary shall give highest priority to 
eligible entities that provide the great-
est contribution to preserving, cre-
ating, or increasing opportunities for 
socially 
disadvantaged 
farmers 
or 
ranchers. 
‘‘(ii) FARMERS’ MARKETS AND LOCAL 
FOOD PROMOTION PROGRAM PRIORITY.— 
‘‘(I) IN
GENERAL.—In making 
grants under this paragraph to eligi-
ble entities described in paragraph 
(6)(B), the Secretary shall give pri-
ority to applications submitted by an 
eligible entity that is a minority busi-
ness enterprise. 
‘‘(II) 
HIGHEST
PRIORITY.—In 
giving priority under clause (ii), the 
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Secretary shall give highest priority to 
eligible entities that— 
‘‘(aa) primarily serve a com-
munity of color or a low-income 
community; and 
‘‘(bb) provide the greatest 
contribution to preserving, cre-
ating, or increasing market op-
portunities for socially disadvan-
taged farmers or ranchers. 
‘‘(E) MATCHING
REQUIREMENT
INAPPLI-
CABILITY.—The Secretary may not require an 
eligible entity receiving a grant under this para-
graph to provide matching funds (in any form) 
with respect to the Federal portion of the 
grant. 
‘‘(F) DEFINITIONS.—In this paragraph: 
‘‘(i) COMMUNITY
OF
COLOR.—The 
term ‘community of color’ means a geo-
graphically distinct area in which the pop-
ulation of any of the following categories of 
individuals is higher than the average pop-
ulations of that category for the State in 
which the community is located: 
‘‘(I) Black. 
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‘‘(II) African American. 
‘‘(III) Alaska Native. 
‘‘(IV) Asian. 
‘‘(V) Hispanic. 
‘‘(VI) Latino. 
‘‘(VII) Native Hawaiian. 
‘‘(VIII) Pacific Islander. 
‘‘(IX) Other non-White race. 
‘‘(ii) LOW-INCOME COMMUNITY.—The 
term ‘low-income community’ means any 
census block group in which 30 percent or 
more of the population are individuals with 
an annual household income equal to, or 
less than, the greater of— 
‘‘(I) an amount equal to 80 per-
cent of the median income of the area 
in which the household is located, as 
reported by the Department of Hous-
ing and Urban Development; and 
‘‘(II) 200 percent of the poverty 
line (as defined in section 673(2) of 
the Community Services Block Grant 
Act (42 U.S.C. 9902(2)), including 
any revision required by such section). 
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‘‘(iii) MINORITY.—The term ‘minority’ 
means any individual who is a citizen of 
the United States and who is a member of 
a group specified in any of subclauses (I) 
through (IX) of clause (i). 
‘‘(iv) MINORITY
BUSINESS
ENTER-
PRISE.—The term ‘minority business en-
terprise’ means an eligible entity specified 
in paragraph (6)(B) or (5)(B)(ii) which is 
at least 51-percent owned or controlled by 
a minority or group of minorities.’’; and 
(2) in subsection (i), by adding at the end the 
following: 
‘‘(4) COVID–19 
EMERGENCY
MARKET
RE-
SPONSE GRANTS.— 
‘‘(A) IN GENERAL.—Of the funds of the 
Commodity Credit Corporation, the Secretary 
shall use to make grants under subsection 
(d)(7)— 
‘‘(i) $25,000,000, for grants to eligi-
ble entities described in paragraph (5)(B), 
to remain available until expended; and 
‘‘(ii) $25,000,000, for grants to eligi-
ble entities described in paragraph (6)(B), 
to remain available until expended. 
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‘‘(iii) COVID–19 EMERGENCY EXCEP-
TION.—An eligible entity described in sub-
paragraph (B) may use a grant received 
during any of fiscal years 2020 through 
2022 for market rebuilding expenses in-
curred as a result of the COVID–19 pan-
demic, including the purchase or construc-
tion of a building, general purpose equip-
ment, or structure.’’. 
SEC. 4. EQUITY IN EMERGENCY TRAINING AND OUTREACH. 
(a) IN GENERAL.—Section 2501 of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 
2279) is amended by adding at the end the following: 
‘‘(m) ADDITIONAL FUNDING.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
grants to, or enter into cooperative agreements or 
contracts with, eligible entities specified in sub-
sections (c)(1) and (d)(3) to provide training, out-
reach, and technical assistance on operations, fi-
nancing, and marketing to beginning farmers and 
ranchers, socially disadvantaged farmers and ranch-
ers, and veteran farmers and ranchers, including to 
aid producers in, and securing documentation for, 
applying for assistance under section 2 of the Local 
and Regional Farmer and Market Support Act. 
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‘‘(2) DEADLINES.— 
‘‘(A) REQUEST
FOR
PROPOSALS.—Not 
later than 30 days after the date of the enact-
ment of the Local and Regional Farmer and 
Market Support Act, the Secretary shall issue a 
request for proposals for the grants described in 
paragraph (1). 
‘‘(B) SELECTION.—Not later than 90 days 
after the date of the enactment of the Local 
and Regional Farmer and Market Support Act, 
the Secretary shall, pursuant to the request for 
proposals under subparagraph (A), select eligi-
ble entities to receive grants under paragraph 
(1). 
‘‘(C) AWARD OF ALL GRANTS.—The Sec-
retary shall award all grants under this sub-
section not later than 135 days after the date 
of the enactment of the Local and Regional 
Farmer and Market Support Act. 
‘‘(3) PRIORITY.—In making grants and enter-
ing into contracts and other agreements under para-
graph (1), the Secretary shall give priority— 
‘‘(A) in the case of eligible entities speci-
fied in subsection (c)(1), to nongovernmental 
and community-based organizations— 
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‘‘(i) with an expertise in working with 
socially disadvantaged farmers and ranch-
ers; and 
‘‘(ii) that are at least 51-percent 
owned or controlled by a minority (as de-
fined in section 210A(d)(7) of the Agricul-
tural Marketing Act of 1946 (7 U.S.C. 
1627c(d)(7))) or a group of minorities; and 
‘‘(B) in the case of eligible entities speci-
fied in subsection (d)(3), to partnerships and 
collaborations that are led by or include non-
governmental, community-based organizations 
and school-based educational organizations— 
‘‘(i) with expertise in new agricultural 
producer training and outreach; and 
‘‘(ii) that are at least 51-percent 
owned or controlled by a minority or a 
group of minorities. 
‘‘(4) FUNDING.— 
‘‘(A) IN GENERAL.—Of the funds of the 
Commodity Credit Corporation, the Secretary 
shall 
use 
to 
carry 
out 
this 
subsection, 
$50,000,000, to remain available until ex-
pended. 
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‘‘(B) MATCHING FUNDS APPLICABILITY.— 
The Secretary may not require a recipient of a 
grant under this subsection to provide any non- 
Federal matching funds.’’. 
(b) TERMS OF GRANTS AND COOPERATIVE AGREE-
MENTS
TO SOCIALLY DISADVANTAGED
AND VETERAN 
FARMERS AND RANCHERS.—Section 2501(c)(4)(E) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 
(7 U.S.C. 2279(c)(4)(E)) is amended to read as follows: 
‘‘(E) MAXIMUM
TERM
AND
AMOUNT
OF 
GRANT, CONTRACT, OR AGREEMENT.— 
‘‘(i) IN GENERAL.—A grant, contract, 
or agreement entered into under subpara-
graph (A) shall— 
‘‘(I) be for a term of not longer 
than 3 years; and 
‘‘(II) provide not more than 
$250,000 for each year. 
‘‘(ii) 
EXTENSION.—The 
Secretary 
may extend the term of any grant, con-
tract, or agreement entered into under 
subparagraph (A) by not more than one 
year if the entity receiving such grant or 
entering into such cooperative agreement is 
unable to complete a project or activity 
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supported using grant funds over the origi-
nal term of the grant.’’. 
(c) TERMS OF GRANTS AND COOPERATIVE AGREE-
MENTS TO BEGINNING FARMERS AND RANCHERS.—Sec-
tion 2501(d)(4) of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279(d)(4)) is amended 
to read as follows: 
‘‘(4) TERMS
OF
GRANTS
AND
COOPERATIVE 
AGREEMENTS.— 
‘‘(A) IN GENERAL.—A grant or cooperative 
agreement under this subsection shall— 
‘‘(i) be for a term of not longer than 
3 years; and 
‘‘(ii) provide not more than $250,000 
for each year. 
‘‘(B) EXTENSION.—The Secretary may ex-
tend the term of any grant or cooperative 
agreement by not more than one year if the en-
tity receiving such grant or entering into such 
cooperative agreement is unable to complete a 
project or activity supported using grant funds 
over the original term of the grant.’’. 
(d) MATCHING FUNDS INAPPLICABILITY.—Section 
2501(d)(5) of the Food, Agriculture, Conservation, and 
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Trade Act of 1990 (7 U.S.C. 2279(d)(5)) is amended to 
read as follows: 
‘‘(5) MATCHING
FUNDS
INAPPLICABILITY.— 
With respect to grants awarded under this sub-
section for each of fiscal years 2020, 2021, and 
2022, the Secretary may not require an eligible enti-
ty receiving a grant under this paragraph to provide 
matching funds (in any form) with respect to the 
Federal portion of the grant.’’. 
SEC. 5. CORONAVIRUS FOOD ASSISTANCE PROGRAM PAY-
MENT REPORTS. 
Beginning not later than 60 days after the date of 
the enactment of this Act, the Secretary of Agriculture 
shall include in the weekly payment reports issued by the 
Secretary with respect to the Coronavirus Food Assistance 
Program, the following farm and demographic information 
with respect to payments made under such program and 
under section 2 of this Act: 
(1) The number of unique applications received 
and the number of such applications approved, 
disaggregated by State. 
(2) The number of entities applying for and re-
ceiving payments under section 2 that reported their 
sales through the direct marketing arrangements de-
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scribed in subsection (d)(3)(A) of such section, for 
whom such payments equal— 
(A) 25 percent or greater but less than 50 
percent of total annual farm income; 
(B) 50 percent or greater but less than 75 
percent of total annual farm income; and 
(C) greater than 75 percent of total annual 
farm income. 
(3) Scale of operation (both total acres and 
gross sales). 
(4) Whether the entity receiving the payment— 
(A) is a beginning farmer or rancher (as 
defined in section 2501(a) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 
(7 U.S.C. 2279(a))); 
(B) is a socially disadvantaged farmer or 
rancher (as defined in such section 2501(a)); or 
(C) has been certified as a certified organic 
farm or each certified organic handling oper-
ation pursuant to the Organic Foods Produc-
tion Act of 1990 (7 U.S.C. 6501 et seq.). 
SEC. 6. REGULATIONS. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall make 
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interim final rules to carry out this Act (and the amend-
ments made by this Act). 
Æ 
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