Title: Local and Regional Farmer and Market Support Act
Policy area: Agriculture and Food

Summary:
Local and Regional Farmer and Market Support Act
This bill provides emergency assistance to certain farmers, ranchers, and farmers' markets affected by COVID-19 (i.e., coronavirus disease 2019), including by directing the Department of Agriculture to prioritize providing assistance to socially disadvantaged farmers and ranchers and minority-owned businesses.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8096 Introduced in House (IH)]

<DOC>






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 Representatives 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 AFFECTED BY COVID-19.

    (a) Funding for Payments.--
            (1) In general.--Subject to paragraph (2), of the funds of 
        the Commodity Credit Corporation, the 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 disadvantaged farmers or 
        ranchers.--Of the funds made available under paragraph (1), the 
        Secretary shall reserve 20 percent for payments to socially 
        disadvantaged 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 accordance 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 
                                greater during the covered period, as 
                                compared to the benchmark revenue of 
                                the covered producer; or
                                    (II) the covered producer has 
                                incurred increased costs in excess of 5 
                                percent due to the COVID-19 emergency 
                                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 described 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 subparagraphs (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 covered producer.
                    (B) Very new producers.--In the case of a covered 
                producer that has been in operation for less than 1 
                year before the first day of the covered period, the 
                Secretary shall--
                            (i) determine the benchmark revenue based 
                        on comparable farm operations in such manner as 
                        the Secretary determines appropriate; and
                            (ii) prorate payments under this section.
            (3) Documentation.--For purposes of demonstrating 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 agreements that 
                document direct sales to consumers, food service 
                providers, schools, institutions, restaurants, 
                retailers, and intermediary businesses that market 
                locally or regionally branded products.
                    (C) Records of crop year revenue from 2017 through 
                2019.
                    (D) Tax documents.
                    (E) Other legitimate documents, as determined by 
                the Secretary.
            (4) Self certification limitation.--
                    (A) Payment amount.--A covered producer that 
                demonstrates revenue and expenses using only self-
                certification may not receive directly 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 described in paragraph (2)(B)) 
                may not demonstrate revenue and expenses under 
                paragraph (3) using self-certification.
            (5) Crop insurance.--The Secretary may not condition a 
        payment under this section on participation in a plan or policy 
        under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or 
        in the noninsured 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 producer 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 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 percent 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 percent 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 percent 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 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 section 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 Agriculture, as 
        specified in part 9 of title 7, Code of Federal Regulations (or 
        successor regulations).
    (d) Adjusted Gross Income Limitation.--A covered 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 
Secretary 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 ``benchmark revenue'' 
        means, with respect to a covered producer, the revenue for the 
        1-year period selected under section 3(b)(2).
            (2) Covered period.--The term ``covered period'' means the 
        period beginning on January 31, 2020, and ending on that date 
        on which the declaration referred to in paragraph (4) (and any 
        renewal thereof) terminates.
            (3) Covered producer.--
                    (A) In general.--The term ``covered producer'' 
                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 marketing arrangement in which the producer 
                sells to:
                            (i) The final consumer such as through 
                        farmers' markets, community sponsored 
                        agriculture programs, farm stands, or online 
                        sales.
                            (ii) Retailers including supermarkets, 
                        supercenters, restaurants, caterers, 
                        independent grocery stores, and food 
                        cooperatives.
                            (iii) Institutions such as schools, 
                        colleges, 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 entities 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 respect to a 
        covered producer, means total farm revenue, including revenue 
        derived from agritourism activities conducted by a covered 
        producer.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (7) Socially disadvantaged farmer or rancher.--The term 
        ``socially disadvantaged farmer or rancher'' has the meaning 
        given the term in section 2501(a) of the Food, Agriculture, 
        Conservation, 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 response grants.--
                    ``(A) In general.--The Secretary shall award to 
                eligible entities described in paragraphs (5)(B) and 
                (6)(B) emergency grants to develop new or alternative 
                marketing projects to respond to the COVID-19 pandemic.
                    ``(B) Requests for proposals.--Not later than 30 
                days after the date of the enactment of the Local and 
                Regional Farmer and Market Support Act, the Secretary 
                shall issue a request for proposals for grants under 
                subparagraph (A).
                    ``(C) Application.--Eligible entities seeking a 
                grant under this paragraph shall submit to the 
                Secretary an application at such time and in such 
                manner as the Secretary shall require. Such application 
                shall contain--
                            ``(i) in the case of an eligible entity 
                        described in paragraph (5)(B)--
                                    ``(I) a description of how the 
                                enterprises 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 impacts 
                                of COVID-19 and to create or increase 
                                marketing opportunities for value-added 
                                agricultural products;
                            ``(ii) in the case of eligible entities 
                        described in paragraph (6)(B)--
                                    ``(I) a description of how local 
                                and regional food markets and 
                                enterprises 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 
                                facilitate marketing and sales of 
                                agricultural products to consumers; and
                            ``(iii) such other information as the 
                        Secretary may require.
                    ``(D) Priority.--
                            ``(i) Value-added producer program 
                        priority.--
                                    ``(I) In general.--In making grants 
                                under this paragraph to eligible 
                                entities described in paragraph (5)(B), 
                                the Secretary shall give priority to 
                                applications submitted by an eligible 
                                entity that is--
                                            ``(aa) a socially 
                                        disadvantaged farmer or rancher 
                                        (as defined 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 
                                greatest contribution to preserving, 
                                creating, 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 eligible 
                                entities described in paragraph (6)(B), 
                                the Secretary shall give priority to 
                                applications submitted by an eligible 
                                entity that is a minority business 
                                enterprise.
                                    ``(II) Highest priority.--In giving 
                                priority under clause (ii), the 
                                Secretary shall give highest priority 
                                to eligible entities that--
                                            ``(aa) primarily serve a 
                                        community of color or a low-
                                        income community; and
                                            ``(bb) provide the greatest 
                                        contribution to preserving, 
                                        creating, or increasing market 
                                        opportunities for socially 
                                        disadvantaged farmers or 
                                        ranchers.
                    ``(E) Matching requirement inapplicability.--The 
                Secretary may not require an eligible entity receiving 
                a grant under this paragraph 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 geographically 
                        distinct area in which the population of any of 
                        the following categories of individuals is 
                        higher than the average populations of that 
                        category for the State in which the community 
                        is located:
                                    ``(I) Black.
                                    ``(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 percent 
                                of the median income of the area in 
                                which the household is located, as 
                                reported by the Department of Housing 
                                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).
                            ``(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 enterprise.--The 
                        term `minority business enterprise' 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 response 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 eligible 
                        entities described in paragraph (5)(B), to 
                        remain available until expended; and
                            ``(ii) $25,000,000, for grants to eligible 
                        entities described in paragraph (6)(B), to 
                        remain available until expended.
                    ``(B) Reservation of funds.--Of the funds made 
                available under subparagraph (A)--
                            ``(i) in the case of funds made available 
                        to make grants to eligible entities described 
                        in paragraph (5)(B), 20 percent shall be 
                        reserved for grants awarded to eligible 
                        entities described in subsection (d)(7)(D)(i); 
                        and
                            ``(ii) in the case of funds made available 
                        to make grants to eligible entities described 
                        in paragraph (6)(B), 20 percent shall be 
                        reserved for grants to entities specified in 
                        subsection (d)(7)(D)(ii).
                    ``(C) Award of all grants.--The Secretary shall 
                award all available funds for grants under subsection 
                (d)(7) not later than 180 days after the date of the 
                enactment of the Local and Regional Farmer and Market 
                Support Act.''.
    (b) Matching Funds Waiver.--Section 210A(d) of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1627c(d)), as amended by subsection 
(a), is further amended--
            (1) in paragraph (5), by amending subparagraph (E) to read 
        as follows:
                    ``(E) Matching funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        an eligible entity described in subparagraph 
                        (B) receiving a grant shall provide matching 
                        funds in the form of cash or an in-kind 
                        contribution in an amount that is equal to 25 
                        percent of the total amount of the Federal 
                        portion of the grant.
                            ``(ii) COVID-19 emergency flexibilities.--
                        The matching funds requirements under clause 
                        (i) shall not apply with respect to grants 
                        awarded during fiscal year 2020 through 
                        2022.''; and
            (2) in paragraph (6), by amending subparagraph (E) to read 
        as follows:
                    ``(E) Matching funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        an eligible entity described in subparagraph 
                        (B) receiving a grant shall provide matching 
                        funds in the form of cash or an in-kind 
                        contribution in an amount that is equal to 25 
                        percent of the total amount of the Federal 
                        portion of the grant.
                            ``(ii) COVID-19 emergency flexibilities.--
                        The matching funds requirements under clause 
                        (i) shall not apply with respect to grants 
                        awarded during fiscal year 2020 through 
                        2022.''.
    (c) COVID-19 Emergency Exception.--Section 210A(d) of the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1627c(d)) is amended--
            (1) in paragraph (5)(D)--
                    (A) in clause (i), by striking ``clause (ii)'' and 
                inserting ``clauses (ii) and (iii)''; and
                    (B) by adding at the end the following:
                            ``(iii) COVID-19 emergency exception.--An 
                        eligible entity described in subparagraph (B) 
                        may use a grant received during any of fiscal 
                        years 2020 through 2022 for market rebuilding 
                        expenses incurred as a result of the COVID-19 
                        pandemic, including the purchase or 
                        construction of a building, general purpose 
                        equipment, or structure.''; and
            (2) in paragraph (6)(D)--
                    (A) in clause (i), by striking ``clause (ii)'' and 
                inserting ``clauses (ii) and (iii)''; and
                    (B) by adding at the end the following:
                            ``(iii) COVID-19 emergency exception.--An 
                        eligible entity described in subparagraph (B) 
                        may use a grant received during any of fiscal 
                        years 2020 through 2022 for market rebuilding 
                        expenses incurred as a result of the COVID-19 
                        pandemic, including the purchase or 
                        construction of a building, general purpose 
                        equipment, or structure.''.

SEC. 4. EQUITY IN EMERGENCY TRAINING AND OUTREACH.

    (a) In General.--Section 2501 of the Food, Agriculture, 
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 subsections (c)(1) and (d)(3) to provide 
        training, outreach, and technical assistance on operations, 
        financing, and marketing to beginning farmers and ranchers, 
        socially disadvantaged farmers and ranchers, 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.
            ``(2) Deadlines.--
                    ``(A) Request for proposals.--Not later than 30 
                days after the date of the enactment 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 eligible entities to receive grants under 
                paragraph (1).
                    ``(C) Award of all grants.--The Secretary shall 
                award all grants under this subsection 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 entering into 
        contracts and other agreements under paragraph (1), the 
        Secretary shall give priority--
                    ``(A) in the case of eligible entities specified in 
                subsection (c)(1), to nongovernmental and community-
                based organizations--
                            ``(i) with an expertise in working with 
                        socially disadvantaged farmers and ranchers; 
                        and
                            ``(ii) that are at least 51-percent owned 
                        or controlled by a minority (as defined in 
                        section 210A(d)(7) of the Agricultural 
                        Marketing Act of 1946 (7 U.S.C. 1627c(d)(7))) 
                        or a group of minorities; and
                    ``(B) in the case of eligible entities specified in 
                subsection (d)(3), to partnerships and collaborations 
                that are led by or include nongovernmental, 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 expended. 
                    ``(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 Agreements 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 subparagraph (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, contract, 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 supported using grant funds over the 
                        original term of the grant.''.
    (c) Terms of Grants and Cooperative Agreements to Beginning Farmers 
and Ranchers.--Section 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 extend the term 
                of any grant or cooperative agreement 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 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 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 subsection for each of fiscal years 
        2020, 2021, and 2022, the Secretary may not require an eligible 
        entity 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 PAYMENT 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 receiving 
        payments under section 2 that reported their sales through the 
        direct marketing arrangements described 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, Agriculture, 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 operation pursuant 
                to the Organic Foods Production Act of 1990 (7 U.S.C. 
                6501 et seq.).

SEC. 6. REGULATIONS.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Agriculture shall make interim final rules to carry 
out this Act (and the amendments made by this Act).
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