,,ii #aafth ,,congress #b;d ,session ,s4 #cghe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bj1 #bjbj,ms4 ,baldwin 7for herself1 ,ms4 ,collins1 and ,mr4 ,king7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to authorize the ,secretary of ,agriculture to provide food and agriculture emergency aid to ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,farming ,support to ,states ,act of #bjbj4 #b4 ,food and agriculture emergency aid to ,states 7a7 ,definitions ,in this section3 7#a7 ,eligible entity 7,a7 ,in general ,the term eligible entity means-- 7i7 a ,governor or chief executive officer of a ,state1 on behalf of the ,state2 7ii7 a ,state department of agriculture or other ,state entity2 7iii7 a nonprofit entity with the capacity to provide consultation1 expertise1 and financial1 procurement1 or grant distribution capacity necessary to meet the stated mission of the entity with respect to aid provided under the ,program2 7iv7 an institution of higher education2 7v7 a land-grant college or university or local office of the ,cooperative ,extension ,system2 7vi7 an ,indian ,tribe or an organization representing ,indian ,tribes2 and 7vii7 an entity described in clauses 7i7 through 7vi71 in partnership with one or more partners described in subparagraph 7,b74 7,b7 ,partners ,an entity described in clauses 7i7 through 7vi7 of subparagraph 7,a7 may establish a partnership with one or more partners prior to the submission of a request under subsection 7d77#b71 or1 in consultation with the ,secretary1 add one or more partners to a partnership after that submission1 which may include-- 7i7 an association1 including a producer association1 trade association1 or entity representing a group of farmers or agriculture and food businesses that represents the interests of stakeholders who contribute to the rural economy1 agricultural and food sectors1 and the further processing1 distribution1 and retailing of food2 7ii7 an entity that distributes food to address food insecurity or administers feeding programs1 food delivery1 or other activities to improve food access and food security2 7iii7 a generic program to promote and provide research and information for farmers and consumers on agricultural products 7commonly known as a checkoff program72 7iv7 a private entity1 including an agricultural cooperative1 corporation1 business1 or sole proprietor2 7v7 an economic development entity2 7vi7 a foundation2 7vii7 a unit of government within a ,state2 7viii7 any other public-serving entity2 and 7ix7 any other entity described in clauses 7i7 through 7vi7 of subparagraph 7,a74 7#b7 ,program ,the term ,program means the ,food and ,agriculture ,emergency ,response and ,resiliency ,program established under subsection 7b74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,administrator of the ,agricultural ,marketing ,service4 7#d7 ,state ,the term ,state means-- 7,a7 each of the several ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 7,g7 the ,federated ,states of ,micronesia2 7,h7 the ,republic of the ,marshall ,islands2 7,i7 the ,republic of ,palau2 and 7,j7 the ,united ,states ,virgin ,islands4 7b7 ,establishment ,the ,secretary shall establish a program1 to be known as the ,food and ,agriculture ,emergency ,response and ,resiliency ,program1 under which the ,secretary shall make available to eligible entities aid to carry out activities to respond to urgent and emerging issues in the agriculture economy and food supply chain impacted by the ,coronavirus ,disease #bjai 7referred to in this section as ,,covid-#ai7 and related food system threats4 7c7 ,allocation 7#a7 ,in general ,the ,secretary shall allocate the total amount made available for aid under the ,program in accordance with the following3 7,a7 ,twenty-five percent shall be allocated equally among the ,states4 7,b7 ,twenty-five percent shall be allocated equally among ,states for which the agriculture sector represented not less than of a percent1 and less than #a percent1 of the gross domestic product of the ,state in fiscal year #bjag4 7,c7 ,fifty percent shall be allocated equally among ,states for which the agriculture sector represented not less than #a percent of the gross domestic product of the ,state in fiscal year #bjag4 7#b7 ,recipients ,for purposes of paragraph 7#a71 an allocation to an eligible entity 7other than a ,state7 that is located in a ,state shall count towards the allocation for that ,state4 7d7 ,requests for aid 7#a7 ,in general ,to provide aid to an eligible entity under the ,program1 the ,secretary shall enter into a cooperative agreement or other legal instrument with the eligible entity4 7#b7 ,requests ,an eligible entity seeking to enter into an cooperative agreement or other legal instrument under paragraph 7#a7 shall submit to the ,secretary a request for aid under that ,program that contains such information as the ,secretary may require for the purpose of complying with this ,act4 7#c7 ,notification ,not later than #aj days after the date on which the ,secretary receives a request under paragraph 7#b71 the ,secretary shall provide to the eligible entity a written notification-- 7,a7 acknowledging the receipt of the request2 and 7,b7 describing-- 7i7 the requirements to be imposed on the eligible entity under the ,program for public reporting on the use of aid received under the ,program2 7ii7 the criteria to be used to ensure that activities supported using aid under the ,program are permissible under this ,act2 7iii7 any additional information necessary for the ,secretary to make a determination on the request2 7iv7 the expected dates for a determination on the request and the distribution of aid to the eligible entity2 and 7v7 a point of contact in the ,agricultural ,marketing ,service4 7#d7 ,priorities ,subject to subsection 7c71 in entering into cooperative agreements and other legal instruments under paragraph 7#a71 the ,secretary shall give priority to requests-- 7,a7 submitted by-- 7i7 the ,governor of a ,state2 7ii7 a ,state department of agriculture2 or 7iii7 an eligible entity that submits a request for aid that has the demonstrated support of other eligible entities2 or 7,b7 under which aid would be used for activities-- 7i7 that contribute to the resiliency1 diversity1 and distributed production of agricultural products across local1 regional1 and national-scale food systems2 7ii7 that serve businesses and other food system entities that have a limited capacity to fund1 develop1 or deploy ,,covid-#ai response actions2 7iii7 that serve businesses and other food system entities of which the financial and business solvency is at risk2 7iv7 that stabilize rural1 farming1 and food-related sectors with actions that build-- 7,i7 resiliency and long-term viability of rural economies2 and 7,,ii7 the competitiveness of entrepreneurs and small- and medium-sized entities2 7v7 that serve agricultural producers and processors that-- 7,i7 have faced economic instability related to1 or exacerbated by1 ,,covid-#ai2 7,,ii7 are underserved by available aid from the ,department of ,agriculture for commodity assistance programs2 or 7,,iii7 are producers or processors of noncommodity products1 forest products1 or specialty crops2 or 7vi7 that-- 7,i7 restore and strengthen the resiliency of entities that are a core part of local and regional economies and identity2 and 7,,ii7 strengthen and enhance the quality of rural life4 7e7 ,distribution 7#a7 ,initial distribution 7,a7 ,in general ,the ,secretary shall provide #a initial distribution of aid under the ,program of #b1jjj1jjj to #a eligible entity in each ,state that submits to the ,secretary a request under subsection 7d77#b7 not later than #cj days after the date of enactment of this ,act4 7,b7 ,requests ,a request submitted by an eligible entity for an initial distribution under subparagraph 7,a7 shall-- 7i7 include a brief summary of the capacity of the eligible entity to administer the aid and the general expenditures planned for the aid2 and 7ii7 be considered to be a complete request on receipt by the ,secretary of the request in writing1 including the brief summary described in clause 7i74 7,c7 ,availability ,not later than #ad days after the date on which the ,secretary receives a complete request described in subparagraph 7,b77ii7 that the ,secretary approves1 the ,secretary shall make the aid available to the eligible entity4 7,d7 ,uses ,an initial distribution of aid under subparagraph 7,a7 shall be used to address urgent matters1 as determined by the eligible entity1 such as-- 7i7 supply chain issues2 7ii7 responding to farmer stress2 7iii7 assisting with livestock depopulation and indemnification2 7iv7 securing needed food for food assistance programs2 and 7v7 other eligible uses under the ,program4 7,e7 ,publication ,not later than #c days after the date on which aid is provided to an eligible entity under an initial distribution under subparagraph 7,a71 the ,secretary shall make publicly available any correspondence submitted by the eligible entity as part of the request for the aid4 7,f7 ,reports ,not later than #ij days after the date on which an eligible entity receives aid under an initial distribution under subparagraph 7,a71 the eligible entity shall submit a report described in subsection 7f77#h74 7#b7 ,other requests made during initial distribution period ,during the period that initial distributions of aid are requested and distributed under paragraph 7#a71 an eligible entity may submit a request for aid under subsection 7d77#b7 7including a request for more than #b1jjj1jjj71 which shall be subject to the requirements of this section 7other than paragraph 7#a774 7#c7 ,subsequent distributions ,aid available under the ,program that is not distributed under paragraph 7#a7 or 7#b7 shall be available to eligible entities that submit requests under subsection 7d77#b7 during subsequent periods determined by the ,secretary1 which shall occur not less frequently than once every #de days until the date on which aid available under the ,program is fully expended4 7f7 ,requirements relating to eligible entities 7#a7 ,non-,federal contributions ,the ,secretary shall not require an eligible entity to contribute non-,federal funds to carry out a cooperative agreement or other legal instrument under the ,program4 7#b7 ,use consistent with terms of cooperative agreement ,an eligible entity shall use aid received under the ,program for the purposes and in the manner provided in the cooperative agreement or other legal instrument under which the aid is provided4 7#c7 ,requirement 7,a7 ,in general ,in the case of assistance or amounts provided using aid under the ,program by an eligible entity to a specific person1 the assistance or amounts shall not be made available to a foreign person making direct investment 7as those terms are defined in section #hja4b of title #ae1 ,code of ,federal ,regulations 7or successor regulations77 in the ,united ,states4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to public1 widely available assistance1 such as best practice guidelines or other nonproprietary1 nonexclusive aid4 7#d7 ,subagreements ,nothing in this section prevents an eligible entity from using aid received under the ,program to enter into a subagreement with-- 7,a7 another eligible entity2 or 7,b7 a political subdivision of a ,state that has legal responsibilities relating to preserving the integrity and function of the food supply1 including activities relating to agricultural production1 marketing1 and distribution of food4 7#e7 ,no ,state legislative approval required ,the ,governor or chief executive officer of a ,state1 or other ,state entity1 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 ,state4 7#f7 ,availability ,aid received by an eligible entity under the ,program shall remain available until expended by the eligible entity4 7#g7 ,administration ,an eligible entity receiving aid under the ,program may use not more than #h percent of the aid for a fiscal year for administrative expenses4 7#h7 ,reporting requirement 7,a7 ,in general ,not later than #ij days after the date of completion of an activity conducted using aid provided under the ,program1 the eligible entity using the aid shall submit to the ,secretary a report that describes the purposes and results of the activity4 7,b7 ,publication ,not later than #ad days after each report is received by the ,secretary under subparagraph 7,a71 the report shall be made publicly available4 7g7 ,use of funds ,an eligible entity shall use aid received under the ,program for emergency response capacity and activities to respond to specific needs relating to ,,covid-#ai and related food system threats in the following categories3 7#a7 ,retail food availability1 consumer food access1 food supply chain stability1 and preserving food safety 7,a7 ,forecasting and managing food and farm supply chain disruptions to ensure a stable food supply4 7,b7 ,minimizing food retail disruptions for consumers4 7,c7 ,preventing or minimizing food waste by taking steps to further process1 distribute1 or otherwise make available food for donation or provision to individuals in need4 7,d7 ,compensating farmers for donated food through mechanisms designed to minimize market distortions4 7,e7 ,procurement and provision of food products to individuals in need1 including by addressing distribution and access challenges for communities and individuals4 7,f7 ,ensuring continuity in food safety protections4 7,g7 ,responding to labor issues from ,,covid-#ai and related food system threats to minimize supply chain disruption and maximize proactive prevention and response activities relating to ,,covid-#ai and related food system threats to protect worker health and safety4 7#b7 ,health and response needs related to the stability of the food system and rural economies 7,a7 ,incentivizing and facilitating the use of prevention1 response1 testing1 and treatment by farm workers and food processing workers relating to ,,covid-#ai and related food system threats4 7,b7 ,supporting the essential work of veterinarians and other food safety and animal health workers1 first responders1 and other rural professionals with occupational disease exposure risks4 7,c7 ,supporting farmers and workers who face elevated risks of contracting ,,covid-#ai due to their essential work to keep the food system operational and reliable4 7,d7 ,reducing the risk of zoonotic transfer of ,,covid-#ai to livestock and wildlife and related disease risks1 including disease risks relating to culling and carcass disposal4 7#c7 ,preparing for and responding to near-term impacts of ,,covid-#ai 7,a7 ,developing food safety1 worker protection1 and sanitation protocols for food processing plants and other entities requiring assistance to minimize the technical1 logistical1 and financial costs of bringing plants online and reestablishing continuity of operations4 7,b7 ,providing technical1 financial1 and contracting assistance and direct support to entities to implement the protocols described in subparagraph 7,a71 including1 at the discretion of the eligible entity-- 7i7 by providing amounts to carry out those protocols at no cost to the entities2 and 7ii7 for the cost of goods or services necessary to achieve the purposes described in that subparagraph4 7,c7 ,implementing responses that address disruptions relating to1 or exacerbated by1 ,,covid-#ai that-- 7i7 restore resiliency to the food system2 7ii7 improve preparedness for future disruptions2 and 7iii7 reduce the impacts to the food supply chain and rural economy from supply chain disruptions4 7#d7 ,stabilizing farms and the agriculture economy 7,a7 ,stabilizing farm financials-- 7i7 to prevent the rapid liquidation of livestock herds or closure of farms2 and 7ii7 to address changes to planting decisions for the current and upcoming growing seasons that reflect current market distortions rather than longer-term predicted demand4 7,b7 ,providing tools to address the behavioral and mental health of individuals who are engaged in farming1 ranching1 and other occupations relating to agriculture 7within the meaning of section #gebb7;e77#a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #eicf7;e77#a7774 7,c7 ,facilitating and incentivizing participation in personalized and workshop-based farm business plan counseling that promotes farm and agribusiness decisions that increase the economic resiliency1 near-term financial stability1 and ongoing operation of farms and rural businesses4 7,d7 ,facilitating and incentivizing participation in personalized and workshop-based farm transition plan counseling that promotes-- 7i7 ongoing agricultural uses of the farmland in transition2 and 7ii7 the long-term utilization and improvement of farm assets1 including working forests1 orchards1 perennial and multiyear crops1 established conservation practices1 flood reduction1 and watershed restoration4 7,e7 ,assisting with the costs of activities that increase the economic diversification1 resiliency1 ecosystem services1 and watershed restoration for farms on which the primary labor is provided by the farm owner1 renter1 or an individual who is working to transition into the role as primary laborer1 manager1 and owner of the farm1 such as through an apprenticeship4 7,f7 ,providing retirement security options for farmers who commit to helping a new operator transition onto their farm1 specifically for farms on which-- 7i7 the primary labor is provided by the farm owner1 renter1 or an individual who is working to transition into the role as primary laborer1 manager1 and owner of the farm1 such as through an apprenticeship2 and 7ii7 the farmland ownership transition is economically feasible for a beginning farmer4 7,g7 ,addressing urgent or essential needs of rural communities that support the long-term resiliency of the local economy and local quality of life4 7#e7 ,state collaboration ,collaborating and coordinating with other ,states or eligible entities in other ,states-- 7,a7 to address risks relating to ,,covid-#ai to public health1 the health of workers in the food supply chain1 and the health of livestock2 7,b7 to address regional and national supply chain issues2 7,c7 to minimize food supply chain disruptions to consumers via retailers1 food banks1 and other distribution methods2 7,d7 to stabilize agricultural markets2 7,e7 to improve market transparency2 and 7,f7 for any of the purposes described in paragraphs 7#a7 through 7#d74 7h7 ,duties of the ,secretary 7#a7 ,expedited provision 7,a7 ,in general ,the ,secretary shall carry out the ,program in such manner as to distribute aid to eligible entities under the ,program as expeditiously as practicable4 7,b7 ,procedure 7i7 ,in general ,notwithstanding any other provision of law1 regulation1 or guidance relating to the implementation of a grant program1 the ,secretary shall implement the ,program by publishing a notice in the ,federal ,register4 7ii7 ,paperwork reduction ,the administration of the ,program shall be made without regard to chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act74 7#b7 ,guidance2 reporting requirements ,not later than #ad days after the date of enactment of this ,act1 the ,secretary shall issue guidance to eligible entities on carrying out the ,program1 including-- 7,a7 clear guidance on use of aid received by eligible entities under the ,program2 7,b7 direction on accounting and information eligible entities should track for reporting described in subparagraph 7,c72 and 7,c7 preliminary guidance on reporting requirements1 which shall be finalized and made publicly available not later than #de days after the date of enactment of this ,act4 7#c7 ,coordination of assistance ,the ,secretary1 in coordination with the ,administrator of the ,economic ,research ,service and the ,director of the ,national ,institute of ,food and ,agriculture1 and in collaboration with other entities that the ,secretary determines to be relevant to the purposes of the ,program1 shall provide technical assistance 7and1 in the case of subparagraph 7,d71 financial assistance7 to and coordination among eligible entities and other recipients of aid under the ,program1 including-- 7,a7 the provision of regular1 and not less frequently than semi-monthly1 public updates with information and technical assistance relevant to evolving needs in the food supply chain and rural economy1 including-- 7i7 economic data that are useful to stakeholders1 including tracking and analyses of supply chain and agricultural market trends and abnormalities2 7ii7 information on how aid under the ,program is being used by eligible entities and other recipients of the aid for the purpose of sharing best practices and effective models for the use of the aid to address issues in the food supply chain and rural economy2 and 7iii7 the most current and best available information relating to ,,covid-#ai1 presented in a manner relevant and applicable to farm and food businesses and developed in response to the requests of those businesses1 as appropriate2 7,b7 the ongoing collection of information on farm-related indicators of economic resiliency and stressors1 including-- 7i7 analyses of trends in food product demand1 food supply chain resiliency1 and processing continuity of operations2 7ii7 analyses of strength1 robustness1 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 closures during and related to ,,covid-#ai response2 and 7iii7 data collection and analyses of the economic impacts of ,,covid-#ai on farmers and farmer-serving businesses2 7,c7 the development of technical assistance to address the impacts of ,,covid-#ai1 including through actions informed by the data and analyses developed under subparagraphs 7,a7 and 7,b71 by responding to requests for assistance1 and proactively addressing emerging trends1 for the purpose of minimizing the impact of farm and food supply chain disruptions on-- 7i7 consumer supplies of food2 and 7ii7 the solvency of farm businesses1 farm-related businesses1 and rural businesses critical to rural communities2 7,d7 the provision of technical assistance and financial assistance to implement the best practices and effective models described in subparagraph 7,a77ii72 and 7,e7 carrying out other activities1 as identified by the ,secretary1 in consultation with stakeholders1 as priorities for-- 7i7 reducing the impact of ,,covid-#ai2 7ii7 protecting the safety of agricultural workers or producers2 and 7iii7 strengthening the economic stability1 viability1 and resiliency of farm and food businesses4 7#d7 ,coordination of ,federal agencies ,the ,secretary of ,agriculture shall-- 7,a7 monitor urgent and emerging issues in the agriculture economy and food supply chain relating to ,,covid-#ai2 and 7,b7 coordinate with other ,federal agencies the activities of which may be affected by or may affect the issues described in subparagraph 7,a7 for the purpose of expeditiously addressing those issues4 7i7 ,funding 7#a7 ,in general ,there is appropriated to the ,secretary of ,agriculture1 out of amounts in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj to carry out the ,program1 to remain available until expended4 7#b7 ,administration ,the ,secretary of ,agriculture may use not more than #c percent of the amounts made available to carry out the ,program for a fiscal year for administrative expenses1 which shall be prioritized for carrying out paragraphs 7#c7 and 7#d7 of subsection 7h74