,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hjif ,,in ,,the ,,house ,,of ,,representatives ,august #be1 #bjbj,ms4 ,adams introduced the following bill2 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-#ai1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,local and ,regional ,farmer and ,market ,support ,act4 #b4 ,payments for direct marketing farmers affected by ,,covid-#ai 7a7 ,funding for payments 7#a7 ,in general ,subject to paragraph 7#b71 of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use #a1jjj1jjj1jjj for fiscal year #bjbj1 to remain available until expended1 to carry out payments under this section4 7#b7 ,reservation for socially disadvantaged farmers or ranchers ,of the funds made available under paragraph 7#a71 the ,secretary shall reserve #bj percent for payments to socially disadvantaged farmers or ranchers under this section for fiscal year #bjbj4 7#c7 ,award of payments ,the ,secretary shall make all payments under this section not later than #baj days after the date of the enactment of this ,act4 7b7 ,eligibility 7#a7 ,application 7,a7 ,in general ,the ,secretary shall provide a payment to a covered producer that submits to the ,secretary an application in accordance with subparagraph 7,b7 demonstrates1 as determined by the ,secretary1 that-- 7i7 the producer is a covered producer2 and 7ii7 either-- 7,i7 the revenue of the covered producer was reduced by #e percent or greater during the covered period1 as compared to the benchmark revenue of the covered producer2 or 7,,ii7 the covered producer has incurred increased costs in excess of #e percent due to the ,,covid-#ai emergency during the covered period4 7,b7 ,timing ,to be eligible to receive a payment under this section1 a covered producer shall submit to the ,secretary an application described in subparagraph 7,a71 not later than #abj days after the date of the enactment of this ,act4 7#b7 ,benchmark revenue 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the benchmark revenue of a covered producer shall be any #a calendar year in the #c calendar years prior to the first day of the covered period1 as determined by the covered producer4 7,b7 ,very new producers ,in the case of a covered producer that has been in operation for less than #a year before the first day of the covered period1 the ,secretary shall-- 7i7 determine the benchmark revenue based on comparable farm operations in such manner as the ,secretary determines appropriate2 and 7ii7 prorate payments under this section4 7#c7 ,documentation ,for purposes of demonstrating revenue and expenses under this section1 a covered producer or applicant1 as applicable1 shall use at least one of the following3 7,a7 ,self-certification4 7,b7 ,contracts1 receipts1 or other agreements that document direct sales to consumers1 food service providers1 schools1 institutions1 restaurants1 retailers1 and intermediary businesses that market locally or regionally branded products4 7,c7 ,records of crop year revenue from #bjag through #bjai4 7,d7 ,tax documents4 7,e7 ,other legitimate documents1 as determined by the ,secretary4 7#d7 ,self certification limitation 7,a7 ,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 #f1jjj under this section4 7,b7 ,very new producers ,a covered producer that is a very new producer 7as described in paragraph 7#b77;,b77 may not demonstrate revenue and expenses under paragraph 7#c7 using self-certification4 7#e7 ,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#g ,u4,s4,c4 #aeja et seq47 or in the noninsured crop assistance program under section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc74 7#f7 ,farm number ,a covered producer shall be eligible to receive payments1 regardless of whether such covered producer has a farm number4 7c7 ,amount 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the amount of a payment to a covered producer under this section shall be equal to-- 7,a7 in the case of a covered producer with a benchmark revenue of less than #e1jjj1 #gj percent of that benchmark revenue1 but in no case less than #a1ejj2 7,b7 in the case of a covered producer with a benchmark revenue of equal to or greater than #e1jjj and less than #aj1jjj1 #fj percent of that benchmark revenue1 but in no case less than #c1ejj2 7,c7 in the case of a covered producer with a benchmark revenue of equal to or greater than #aj1jjj and less than #be1jjj1 #ee percent of that benchmark revenue1 but in no case less than #f1jjj2 7,d7 in the case of a covered producer with a benchmark revenue of equal to or greater than #be1jjj and less than #ajj1jjj1 #ej percent of that benchmark revenue1 but in no case less than #ac1gej2 7,e7 in the case of a covered producer with a benchmark revenue of equal to or greater than #ajj1jjj and less than #bej1jjj1 #dj percent of that benchmark revenue1 but in no case less than #ej1jjj1 and not more than #aej1jjj2 and 7,f7 in the case of a covered producer with a benchmark revenue of equal to or greater than #bej1jjj and less than #ijj1jjj1 #aej1jjj4 7#b7 ,payment limitation ,the total amount of payments received under this section by a covered producer1 directly or indirectly1 may not exceed #aej1jjj4 7#c7 ,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 #bh1 #bjbj1 under the ,coronavirus ,food ,assistance ,program of the ,department of ,agriculture1 as specified in part #i of title #g1 ,code of ,federal ,regulations 7or successor regulations74 7d7 ,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 #ijj1jjj4 7e7 ,regulations ,the ,secretary shall issue a rule to carry out this section not later than #cj days after the date of the enactment of this ,act4 7f7 ,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 #cj1 #bjba1 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 #cgaf of title #ca1 ,united ,states ,code4 7g7 ,definitions ,in this ,act3 7#a7 ,benchmark revenue ,the term benchmark revenue means1 with respect to a covered producer1 the revenue for the #a-year period selected under section #c7;b77#b74 7#b7 ,covered period ,the term covered period means the period beginning on ,january #ca1 #bjbj1 and ending on that date on which the declaration referred to in paragraph 7#d7 7and any renewal thereof7 terminates4 7#c7 ,covered producer 7,a7 ,in general ,the term covered producer means a farmer1 livestock producer1 shellfish grower1 or other producer who derives at least #be percent of total farm income from any combination of the following direct marketing arrangement in which the producer sells to3 7i7 ,the final consumer such as through farmers' markets1 community sponsored agriculture programs1 farm stands1 or online sales4 7ii7 ,retailers including supermarkets1 supercenters1 restaurants1 caterers1 independent grocery stores1 and food cooperatives4 7iii7 ,institutions such as schools1 colleges1 universities1 hospitals1 as well as intermediary business such as wholesalers distributors1 food hubs4 7,b7 ,exclusions ,the term covered producer does not include livestock or poultry integrators1 processors1 or other business entities relating to livestock and poultry production that do not raise livestock or poultry4 7#d7 ,,covid-#ai emergency ,the term ,,covid-#ai emergency means the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai4 7#e7 ,revenue ,the term revenue1 with respect to a covered producer1 means total farm revenue1 including revenue derived from agritourism activities conducted by a covered producer4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#g7 ,socially disadvantaged farmer or rancher ,the term socially disadvantaged farmer or rancher has the meaning given the term in section #beja7;a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;a774 7#h7 ,farm number ,the term farm number has the meaning given the term in section #gah4b of title #g1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 #c4 ,emergency ,assistance for ,farmers and ,farmers' ,markets 7a7 ,,covid-#ai emergency market response grants ,section #baj;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbg;c7-- 7#a7 in subsection 7d71 by adding at the end the following3 7#g7 ,,covid-#ai emergency market response grants 7,a7 ,in general ,the ,secretary shall award to eligible entities described in paragraphs 7#e77;,b7 and 7#f77;,b7 emergency grants to develop new or alternative marketing projects to respond to the ,,covid-#ai pandemic4 7,b7 ,requests for proposals ,not later than #cj days after the date of the enactment of the ,local and ,regional ,farmer and ,market ,support ,act1 the ,secretary shall issue a request for proposals for grants under subparagraph 7,a74 7,c7 ,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 require4 ,such application shall contain-- 7i7 in the case of an eligible entity described in paragraph 7#e77;,b7-- 7,i7 a description of how the enterprises of such eligible entity has been impacted by ,,covid-#ai2 and 7,,ii7 a narrative explaining how the eligible entity proposes to use grant funding to respond to the impacts of ,,covid-#ai and to create or increase marketing opportunities for value-added agricultural products2 7ii7 in the case of eligible entities described in paragraph 7#f77;,b7-- 7,i7 a description of how local and regional food markets and enterprises served by such eligible entities have been impacted by ,,covid-#ai2 and 7,,ii7 a narrative explaining how the applicant proposes to use grant funding to respond to the impacts of ,,covid-#ai on local and regional food markets or enterprises and to facilitate marketing and sales of agricultural products to consumers2 and 7iii7 such other information as the ,secretary may require4 7,d7 ,priority 7i7 ,value-added producer program priority 7,i7 ,in general ,in making grants under this paragraph to eligible entities described in paragraph 7#e77;,b71 the ,secretary shall give priority to applications submitted by an eligible entity that is-- 7aa7 a socially disadvantaged farmer or rancher 7as defined in section #beja7;a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;a7772 or 7bb7 a minority business enterprise4 7,,ii7 ,highest priority ,in giving priority under clause 7i71 the ,secretary shall give highest priority to eligible entities that provide the greatest contribution to preserving1 creating1 or increasing opportunities for socially disadvantaged farmers or ranchers4 7ii7 ,farmers' markets and local food promotion program priority 7,i7 ,in general ,in making grants under this paragraph to eligible entities described in paragraph 7#f77;,b71 the ,secretary shall give priority to applications submitted by an eligible entity that is a minority business enterprise4 7,,ii7 ,highest priority ,in giving priority under clause 7ii71 the ,secretary shall give highest priority to eligible entities that-- 7aa7 primarily serve a community of color or a low-income community2 and 7bb7 provide the greatest contribution to preserving1 creating1 or increasing market opportunities for socially disadvantaged farmers or ranchers4 7,e7 ,matching requirement inapplicability ,the ,secretary may not require an eligible entity receiving a grant under this paragraph to provide matching funds 7in any form7 with respect to the ,federal portion of the grant4 7,f7 ,definitions ,in this paragraph3 7i7 ,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 located3 7,i7 ,black4 7,,ii7 ,african ,american4 7,,iii7 ,alaska ,native4 7,,iv7 ,asian4 7,v7 ,hispanic4 7,,vi7 ,latino4 7,,vii7 ,native ,hawaiian4 7,,viii7 ,pacific ,islander4 7,,ix7 ,other non-,white race4 7ii7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with an annual household income equal to1 or less than1 the greater of-- 7,i7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,,ii7 #bjj percent of the poverty line 7as defined in section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b771 including any revision required by such section74 7iii7 ,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 7,i7 through 7,,ix7 of clause 7i74 7iv7 ,minority business enterprise ,the term minority business enterprise means an eligible entity specified in paragraph 7#f77;,b7 or 7#e77;,b77ii7 which is at least #ea-percent owned or controlled by a minority or group of minorities4 2 and 7#b7 in subsection 7i71 by adding at the end the following3 7#d7 ,,covid-#ai emergency market response grants 7,a7 ,in general ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to make grants under subsection 7d77#g7-- 7i7 #be1jjj1jjj1 for grants to eligible entities described in paragraph 7#e77;,b71 to remain available until expended2 and 7ii7 #be1jjj1jjj1 for grants to eligible entities described in paragraph 7#f77;,b71 to remain available until expended4 7,b7 ,reservation of funds ,of the funds made available under subparagraph 7,a7-- 7i7 in the case of funds made available to make grants to eligible entities described in paragraph 7#e77;,b71 #bj percent shall be reserved for grants awarded to eligible entities described in subsection 7d77#g77;,d77i72 and 7ii7 in the case of funds made available to make grants to eligible entities described in paragraph 7#f77;,b71 #bj percent shall be reserved for grants to entities specified in subsection 7d77#g77;,d77ii74 7,c7 ,award of all grants ,the ,secretary shall award all available funds for grants under subsection 7d77#g7 not later than #ahj days after the date of the enactment of the ,local and ,regional ,farmer and ,market ,support ,act4 4 7b7 ,matching funds waiver ,section #baj;,a7d7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbg;c7d771 as amended by subsection 7a71 is further amended-- 7#a7 in paragraph 7#e71 by amending subparagraph 7,e7 to read as follows3 7,e7 ,matching funds 7i7 ,in general ,subject to clause 7ii71 an eligible entity described in subparagraph 7,b7 receiving a grant shall provide matching funds in the form of cash or an in-kind contribution in an amount that is equal to #be percent of the total amount of the ,federal portion of the grant4 7ii7 ,,covid-#ai emergency flexibilities ,the matching funds requirements under clause 7i7 shall not apply with respect to grants awarded during fiscal year #bjbj through #bjbb4 2 and 7#b7 in paragraph 7#f71 by amending subparagraph 7,e7 to read as follows3 7,e7 ,matching funds 7i7 ,in general ,subject to clause 7ii71 an eligible entity described in subparagraph 7,b7 receiving a grant shall provide matching funds in the form of cash or an in-kind contribution in an amount that is equal to #be percent of the total amount of the ,federal portion of the grant4 7ii7 ,,covid-#ai emergency flexibilities ,the matching funds requirements under clause 7i7 shall not apply with respect to grants awarded during fiscal year #bjbj through #bjbb4 4 7c7 ,,covid-#ai emergency exception ,section #baj;,a7d7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbg;c7d77 is amended-- 7#a7 in paragraph 7#e77;,d7-- 7,a7 in clause 7i71 by striking clause 7ii7 and inserting clauses 7ii7 and 7iii72 and 7,b7 by adding at the end the following3 7iii7 ,,covid-#ai emergency exception ,an eligible entity described in subparagraph 7,b7 may use a grant received during any of fiscal years #bjbj through #bjbb for market rebuilding expenses incurred as a result of the ,,covid-#ai pandemic1 including the purchase or construction of a building1 general purpose equipment1 or structure4 2 and 7#b7 in paragraph 7#f77;,d7-- 7,a7 in clause 7i71 by striking clause 7ii7 and inserting clauses 7ii7 and 7iii72 and 7,b7 by adding at the end the following3 7iii7 ,,covid-#ai emergency exception ,an eligible entity described in subparagraph 7,b7 may use a grant received during any of fiscal years #bjbj through #bjbb for market rebuilding expenses incurred as a result of the ,,covid-#ai pandemic1 including the purchase or construction of a building1 general purpose equipment1 or structure4 4 #d4 ,equity in emergency training and outreach 7a7 ,in general ,section #beja of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7 is amended by adding at the end the following3 7m7 ,additional funding 7#a7 ,in general ,the ,secretary shall make grants to1 or enter into cooperative agreements or contracts with1 eligible entities specified in subsections 7c77#a7 and 7d77#c7 to provide training1 outreach1 and technical assistance on operations1 financing1 and marketing to beginning farmers and ranchers1 socially disadvantaged farmers and ranchers1 and veteran farmers and ranchers1 including to aid producers in1 and securing documentation for1 applying for assistance under section #b of the ,local and ,regional ,farmer and ,market ,support ,act4 7#b7 ,deadlines 7,a7 ,request for ,proposals ,not later than #cj days after the date of the enactment of the ,local and ,regional ,farmer and ,market ,support ,act1 the ,secretary shall issue a request for proposals for the grants described in paragraph 7#a74 7,b7 ,selection ,not later than #ij days after the date of the enactment of the ,local and ,regional ,farmer and ,market ,support ,act1 the ,secretary shall1 pursuant to the request for proposals under subparagraph 7,a71 select eligible entities to receive grants under paragraph 7#a74 7,c7 ,award of all grants ,the ,secretary shall award all grants under this subsection not later than #ace days after the date of the enactment of the ,local and ,regional ,farmer and ,market ,support ,act4 7#c7 ,priority ,in making grants and entering into contracts and other agreements under paragraph 7#a71 the ,secretary shall give priority-- 7,a7 in the case of eligible entities specified in subsection 7c77#a71 to nongovernmental and community-based organizations-- 7i7 with an expertise in working with socially disadvantaged farmers and ranchers2 and 7ii7 that are at least #ea-percent owned or controlled by a minority 7as defined in section #baj;,a7d77#g7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbg;c7d77#g777 or a group of minorities2 and 7,b7 in the case of eligible entities specified in subsection 7d77#c71 to partnerships and collaborations that are led by or include nongovernmental1 community-based organizations and school-based educational organizations-- 7i7 with expertise in new agricultural producer training and outreach2 and 7ii7 that are at least #ea-percent owned or controlled by a minority or a group of minorities4 7#d7 ,funding 7,a7 ,in general ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this subsection1 #ej1jjj1jjj1 to remain available until expended4 7,b7 ,matching funds applicability ,the ,secretary may not require a recipient of a grant under this subsection to provide any non-,federal matching funds4 4 7b7 ,terms of grants and cooperative agreements to socially disadvantaged and veteran farmers and ranchers ,section #beja7;c77#d77;,e7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;c77#d77;,e77 is amended to read as follows3 7,e7 ,maximum term and amount of grant1 contract1 or agreement 7i7 ,in general ,a grant1 contract1 or agreement entered into under subparagraph 7,a7 shall-- 7,i7 be for a term of not longer than #c years2 and 7,,ii7 provide not more than #bej1jjj for each year4 7ii7 ,extension ,the ,secretary may extend the term of any grant1 contract1 or agreement entered into under subparagraph 7,a7 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 grant4 4 7c7 ,terms of grants and cooperative agreements to beginning farmers and ranchers ,section #beja7;d77#d7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;d77#d77 is amended to read as follows3 7#d7 ,terms of grants and cooperative agreements 7,a7 ,in general ,a grant or cooperative agreement under this subsection shall-- 7i7 be for a term of not longer than #c years2 and 7ii7 provide not more than #bej1jjj for each year4 7,b7 ,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 grant4 4 7d7 ,matching funds inapplicability ,section #beja7;d77#e7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;d77#e77 is amended to read as follows3 7#e7 ,matching funds inapplicability ,with respect to grants awarded under this subsection for each of fiscal years #bjbj1 #bjba1 and #bjbb1 the ,secretary may not require an eligible entity receiving a grant under this paragraph to provide matching funds 7in any form7 with respect to the ,federal portion of the grant4 4 #e4 ,coronavirus food assistance program payment reports ,beginning not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,agriculture shall include in the weekly payment reports issued by the ,secretary with respect to the ,coronavirus ,food ,assistance ,program1 the following farm and demographic information with respect to payments made under such program and under section #b of this ,act3 7#a7 ,the number of unique applications received and the number of such applications approved1 disaggregated by ,state4 7#b7 ,the number of entities applying for and receiving payments under section #b that reported their sales through the direct marketing arrangements described in subsection 7d77#c77;,a7 of such section1 for whom such payments equal-- 7,a7 #be percent or greater but less than #ej percent of total annual farm income2 7,b7 #ej percent or greater but less than #ge percent of total annual farm income2 and 7,c7 greater than #ge percent of total annual farm income4 7#c7 ,scale of operation 7both total acres and gross sales74 7#d7 ,whether the entity receiving the payment-- 7,a7 is a beginning farmer or rancher 7as defined in section #beja7;a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;a7772 7,b7 is a socially disadvantaged farmer or rancher 7as defined in such section #beja7;a772 or 7,c7 has been certified as a certified organic farm or each certified organic handling operation pursuant to the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #feja et seq474 #f4 ,regulations ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,agriculture shall make interim final rules to carry out this ,act 7and the amendments made by this ,act74