(A) IN GENERAL.—The term ‘‘eligible enti-
ty’’ means— 
(i) a Governor or chief executive offi-
cer of a State, on behalf of the State; 
(ii) a State department of agriculture 
or other State entity; 
(iii) a nonprofit entity with the capac-
ity to provide consultation, expertise, and 
financial, procurement, or grant distribu-
tion 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 organiza-
tion 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 
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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 pro-
ducer association, trade association, or en-
tity representing a group of farmers or ag-
riculture and food businesses that rep-
resents the interests of stakeholders who 
contribute to the rural economy, agricul-
tural 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’’); 
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(iv) a private entity, including an ag-
ricultural cooperative, corporation, busi-
ness, 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 Ad-
ministrator 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; 
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(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 emerg-
ing 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 sys-
tem 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, 
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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 instru-
ment 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 re-
quire for the purpose of complying with this Act. 
(3) NOTIFICATION.—Not later than 10 days 
after the date on which the Secretary receives a re-
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quest under paragraph (2), the Secretary shall pro-
vide to the eligible entity a written notification— 
(A) acknowledging the receipt of the re-
quest; 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 nec-
essary for the Secretary to make a deter-
mination on the request; 
(iv) the expected dates for a deter-
mination on the request and the distribu-
tion of aid to the eligible entity; and 
(v) a point of contact in the Agricul-
tural 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— 
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(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 ac-
tivities— 
(i) that contribute to the resiliency, 
diversity, and distributed production of ag-
ricultural products across local, regional, 
and national-scale food systems; 
(ii) that serve businesses and other 
food system entities that have a limited ca-
pacity 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 via-
bility of rural economies; and 
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(II) the competitiveness of entre-
preneurs and small- and medium-sized 
entities; 
(v) that serve agricultural producers 
and processors that— 
(I) have faced economic insta-
bility related to, or exacerbated by, 
COVID–19; 
(II) are underserved by available 
aid from the Department of Agri-
culture for commodity assistance pro-
grams; or 
(III) are producers or processors 
of noncommodity products, forest 
products, or specialty crops; or 
(vi) that— 
(I) restore and strengthen the re-
siliency 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.— 
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(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 re-
quest 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 ca-
pacity of the eligible entity to administer 
the aid and the general expenditures 
planned for the aid; and 
(ii) be considered to be a complete re-
quest on receipt by the Secretary of the re-
quest in writing, including the brief sum-
mary described in clause (i). 
(C) AVAILABILITY.—Not later than 14 
days after the date on which the Secretary re-
ceives a complete request described in subpara-
graph (B)(ii) that the Secretary approves, the 
Secretary shall make the aid available to the el-
igible entity. 
(D) USES.—An initial distribution of aid 
under subparagraph (A) shall be used to ad-
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dress urgent matters, as determined by the eli-
gible entity, such as— 
(i) supply chain issues; 
(ii) responding to farmer stress; 
(iii) assisting with livestock depopula-
tion and indemnification; 
(iv) securing needed food for food as-
sistance programs; and 
(v) other eligible uses under the Pro-
gram. 
(E) PUBLICATION.—Not later than 3 days 
after the date on which aid is provided to an el-
igible 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 re-
ceives aid under an initial distribution under 
subparagraph (A), the eligible entity shall sub-
mit a report described in subsection (f)(8). 
(2) OTHER REQUESTS MADE DURING INITIAL 
DISTRIBUTION PERIOD.—During the period that ini-
tial distributions of aid are requested and distrib-
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uted under paragraph (1), an eligible entity may 
submit a request for aid under subsection (d)(2) (in-
cluding 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 avail-
able under the Program that is not distributed 
under paragraph (1) or (2) shall be available to eli-
gible 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 avail-
able under the Program is fully expended. 
(f) REQUIREMENTS RELATING TO ELIGIBLE ENTI-
TIES.— 
(1) NON-FEDERAL CONTRIBUTIONS.—The Sec-
retary shall not require an eligible entity to con-
tribute non-Federal funds to carry out a cooperative 
agreement or other legal instrument under the Pro-
gram. 
(2) USE CONSISTENT WITH TERMS OF COOPER-
ATIVE AGREEMENT.—An eligible entity shall use aid 
received under the Program for the purposes and in 
the manner provided in the cooperative agreement or 
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other legal instrument under which the aid is pro-
vided. 
(3) REQUIREMENT.— 
(A) IN GENERAL.—In the case of assist-
ance or amounts provided using aid under the 
Program by an eligible entity to a specific per-
son, the assistance or amounts shall not be 
made available to a foreign person making di-
rect investment (as those terms are defined in 
section 801.2 of title 15, Code of Federal Regu-
lations (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 non-
proprietary, 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, 
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including activities relating to agricultural pro-
duction, marketing, and distribution of food. 
(5) NO
STATE
LEGISLATIVE
APPROVAL
RE-
QUIRED.—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 re-
ceiving aid under the Program may use not more 
than 8 percent of the aid for a fiscal year for admin-
istrative expenses. 
(8) REPORTING REQUIREMENT.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of completion of an activity con-
ducted using aid provided under the Program, 
the eligible entity using the aid shall submit to 
the Secretary a report that describes the pur-
poses and results of the activity. 
(B) PUBLICATION.—Not later than 14 
days after each report is received by the Sec-
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retary 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 ca-
pacity and activities to respond to specific needs relating 
to COVID–19 and related food system threats in the fol-
lowing 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 sta-
ble 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 ad-
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dressing distribution and access challenges for 
communities and individuals. 
(F) Ensuring continuity in food safety pro-
tections. 
(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 re-
lating 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 re-
lating to COVID–19 and related food system 
threats. 
(B) Supporting the essential work of vet-
erinarians and other food safety and animal 
health workers, first responders, and other 
rural professionals with occupational disease ex-
posure risks. 
(C) Supporting farmers and workers who 
face elevated risks of contracting COVID–19 
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due to their essential work to keep the food sys-
tem operational and reliable. 
(D) Reducing the risk of zoonotic transfer 
of COVID–19 to livestock and wildlife and re-
lated disease risks, including disease risks relat-
ing to culling and carcass disposal. 
(3) PREPARING
FOR
AND
RESPONDING
TO 
NEAR-TERM IMPACTS OF COVID–19.— 
(A) Developing food safety, worker protec-
tion, and sanitation protocols for food proc-
essing plants and other entities requiring assist-
ance to minimize the technical, logistical, and 
financial costs of bringing plants online and re-
establishing continuity of operations. 
(B) Providing technical, financial, and con-
tracting assistance and direct support to enti-
ties 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. 
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(C) Implementing responses that address 
disruptions relating to, or exacerbated by, 
COVID–19 that— 
(i) restore resiliency to the food sys-
tem; 
(ii) improve preparedness for future 
disruptions; and 
(iii) reduce the impacts to the food 
supply chain and rural economy from sup-
ply chain disruptions. 
(4) STABILIZING
FARMS
AND
THE
AGRI-
CULTURE 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 de-
cisions for the current and upcoming grow-
ing seasons that reflect current market dis-
tortions rather than longer-term predicted 
demand. 
(B) Providing tools to address the behav-
ioral and mental health of individuals who are 
engaged in farming, ranching, and other occu-
pations relating to agriculture (within the 
meaning of section 7522(e)(1) of the Food, 
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Conservation, and Energy Act of 2008 (7 
U.S.C. 5936(e)(1))). 
(C) Facilitating and incentivizing partici-
pation in personalized and workshop-based farm 
business plan counseling that promotes farm 
and agribusiness decisions that increase the 
economic resiliency, near-term financial sta-
bility, and ongoing operation of farms and rural 
businesses. 
(D) Facilitating and incentivizing partici-
pation 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 im-
provement of farm assets, including work-
ing forests, orchards, perennial and multi-
year crops, established conservation prac-
tices, flood reduction, and watershed res-
toration. 
(E) Assisting with the costs of activities 
that increase the economic diversification, resil-
iency, ecosystem services, and watershed res-
toration for farms on which the primary labor 
is provided by the farm owner, renter, or an in-
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dividual 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 oper-
ator 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 apprentice-
ship; 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 enti-
ties in other States— 
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(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 sup-
ply chain issues; 
(C) to minimize food supply chain disrup-
tions 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 Pro-
gram 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 im-
plement the Program by publishing a no-
tice in the Federal Register. 
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(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 eli-
gible entities on carrying out the Program, includ-
ing— 
(A) clear guidance on use of aid received 
by eligible entities under the Program; 
(B) direction on accounting and informa-
tion eligible entities should track for reporting 
described in subparagraph (C); and 
(C) preliminary guidance on reporting re-
quirements, 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 Sec-
retary, 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 Pro-
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gram, 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 rel-
evant to evolving needs in the food supply chain 
and rural economy, including— 
(i) economic data that are useful to 
stakeholders, including tracking and anal-
yses of supply chain and agricultural mar-
ket 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 pur-
pose 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 avail-
able information relating to COVID–19, 
presented in a manner relevant and appli-
cable to farm and food businesses and de-
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veloped in response to the requests of those 
businesses, as appropriate; 
(B) the ongoing collection of information 
on farm-related indicators of economic resil-
iency 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 clo-
sures during and related to COVID–19 re-
sponse; 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 anal-
yses developed under subparagraphs (A) and 
(B), by responding to requests for assistance, 
and proactively addressing emerging trends, for 
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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 busi-
nesses critical to rural communities; 
(D) the provision of technical assistance 
and financial assistance to implement the best 
practices and effective models described in sub-
paragraph (A)(ii); and 
(E) carrying out other activities, as identi-
fied by the Secretary, in consultation with 
stakeholders, as priorities for— 
(i) reducing the impact of COVID–19; 
(ii) protecting the safety of agricul-
tural workers or producers; and 
(iii) strengthening the economic sta-
bility, 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 
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(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 Agri-
culture 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). 
Æ 
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