Agricultural Fairs Rescue Act
Bill: S.1092 | Sponsor: Sen. Smith, Tina (D-MN)
Policy area: Agriculture and Food

Summary:
Agricultural Fairs Rescue Act
This bill directs the Agricultural Marketing Service of the Department of Agriculture to establish a program to award grants to state departments of agriculture to provide support to agricultural fairs for losses sustained by such fairs due to COVID-19 (i.e., coronavirus disease 2019).
Grant amounts shall be based on the difference between the average attendance at agricultural fairs in the state for (1) a calendar year occurring during the three-year period beginning with 2017 or, if the attendance data is not available for the entire period, a period shorter than a calendar year; and (2) the average attendance at agricultural fairs in the state for calendar year 2020.
As a condition of receiving a grant, recipients shall agree to (1) prioritize supporting agricultural fairs in the state facing the greatest financial hardship, and (2) use not more than 5% of grant funds for administrative costs incurred in providing support to agricultural fairs.

To direct the Secretary of Agriculture to establish a program under 
  which the Secretary awards grants to States or State departments of 
agriculture for the purpose of providing support to agricultural fairs 
                 for losses sustained due to COVID-19.

    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 ``Agricultural Fairs Rescue Act''.

SEC. 2. AGRICULTURAL FAIR RESCUE GRANTS.

    (a) Definitions.--In this section:
            (1) COVID-19 national emergency.--The term ``COVID-19 
        national emergency'' means the national emergency declared by 
        the President under the National Emergencies Act (50 U.S.C. 
        1601 et seq.) on March 13, 2020, with respect to the 
        Coronavirus Disease 2019 (COVID-19).
            (2) Eligible agricultural fair.--The term ``eligible 
        agricultural fair'' means a local, county, or State fair that--
                    (A) is--
                            (i) a subunit of a government entity;
                            (ii) a public corporation organized and 
                        existing pursuant to State law; or
                            (iii) owned and operated as an organization 
                        described in section 501(c) of the Internal 
                        Revenue Code of 1986 and exempt from taxation 
                        under section 501(a) of that Code; and
                    (B) helps farmers, ranchers, or foresters--
                            (i) promote their products; or
                            (ii) expand agricultural markets through 
                        conservation programs, agricultural research, 
                        educational programs, or other events that 
                        encourage agriculture, horticulture, and the 
                        domestic arts.
            (3) State.--The term ``State'' means--
                    (A) each of the several States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the United States Virgin Islands; and
                    (G) the Commonwealth of the Northern Mariana 
                Islands.
            (4) State department of agriculture.--The term ``State 
        department of agriculture'' means--
                    (A) the agency, commission, or department of a 
                State government responsible for agriculture in the 
                State; or
                    (B) another appropriate State agency assigned with 
                the promotion of agricultural fairs.
    (b) Authorization for Grants.--Not later than September 30, 2021, 
the Secretary of Agriculture, acting through the Administrator of the 
Agricultural Marketing Service, shall award a grant to each State 
department of agriculture for the purpose of providing support to 
eligible agricultural fairs for losses sustained by those eligible 
agricultural fairs due to COVID-19.
    (c) Amount of Grant.--The amount of a grant to a State department 
of agriculture under this section shall be based on the difference 
between--
            (1) the average attendance at agricultural fairs in the 
        applicable State for--
                    (A) a calendar year occurring during the 3-
                calendar-year period beginning with calendar year 2017; 
                or
                    (B) if attendance data is not available for the 
                entire 3-calendar-year period described in subparagraph 
                (A), a period shorter than a calendar year occurring 
                during that 3-calendar-year period; and
            (2) the average attendance at agricultural fairs in the 
        applicable State for calendar year 2020.
    (d) Conditions.--As a condition on the receipt of a grant under 
this section, a State department of agriculture shall agree--
            (1) to prioritize supporting eligible agricultural fairs in 
        the State facing the greatest financial hardship; and
            (2) to use not more than 5 percent of grant funds for 
        administrative costs incurred in providing support to eligible 
        agricultural fairs.
    (e) Use of Funds.--A State department of agriculture that receives 
a grant under this section may only use grant funds to assist eligible 
agricultural fairs that--
            (1) host annual events that are drivers and promoters of 
        agribusiness in the State (as determined by the State);
            (2) have experienced a closure, stoppage, or cancellation 
        of local, county, or State fair operations as a direct or 
        indirect result of--
                    (A) the COVID-19 national emergency; or
                    (B) any associated actions taken by any 
                governmental authority at the Federal, State, county, 
                or municipal level in response to that national 
                emergency;
            (3) agree to, and demonstrate the intent to, reestablish a 
        fair not later than 18 months after the termination of the 
        COVID-19 national emergency;
            (4) agree to use all grant funds during the 18-month period 
        that begins on the date on which those funds are received;
            (5) agree to use funds received under this section--
                    (A) for operating capital expenses;
                    (B) to reimburse operating expenses paid from 
                reserves not originally intended for operating 
                expenses;
                    (C) to repay indebtedness incurred to pay operating 
                expenses; or
                    (D) to repay other third parties that contributed 
                to funding operating expenses; and
            (6) agree not to use funds received under this section for 
        capital improvements.
    (f) Funding.--
            (1) In general.--There is authorized to be appropriated to 
        make grants under this section $500,000,000 for--
                    (A) fiscal year 2021;
                    (B) each succeeding fiscal year occurring during 
                the COVID-19 national emergency; and
                    (C) the first fiscal year immediately following the 
                fiscal year in which the COVID-19 national emergency is 
                terminated.
            (2) Administrative expenses.--Of the funds made available 
        under paragraph (1) to carry out this section for a fiscal 
        year, not more than 8 percent may be used for expenses related 
        to administering the program under this section.
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