,,ii #aafth ,,congress #b;d ,session ,s4 #djdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bc1 #bjbj,mr4 ,merkley 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,sanders1 ,ms4 ,harris1 ,ms4 ,warren1 and ,mr4 ,leahy7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to protect agricultural workers from the impacts of the coronavirus pandemic1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,frontline ,at-,risk ,manual ,laborers ,protection ,act or the ,,farm ,laborers ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,agricultural work ,the term agricultural work means food production work involving the physical interaction with food products1 including-- 7,a7 all agricultural work1 farming1 fishing1 forestry1 ranching1 processing1 canning1 slaughtering1 packaging1 baking1 butchering1 and other food production work1 such as any service or activity included within the provisions of section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f771 or section #caba7;g7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state4 7#b7 ,agricultural worker ,the term agricultural worker means an individual-- 7,a7 regardless of citizenship or immigration status2 7,b7 who is-- 7i7 an employee of a covered agricultural producer2 or 7ii7 an individual performing any service or labor for remuneration for a covered agricultural producer1 without regard as to whether the individual is classified as an independent contractor by the covered agricultural producer2 and 7,c7 whose work and duties include agricultural work4 7#c7 ,coronavirus ,the term coronavirus means the novel coronavirus disease #bjai 7,,covid-#ai74 7#d7 ,covered agricultural producer ,the term covered agricultural producer means an employer engaged in commerce1 including any agricultural employer as defined in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb71 that receives any ,federal agriculture-specific coronavirus funding4 7#e7 ,covered contractor ,the term covered contractor means a person who-- 7,a7 has entered into an agreement with a covered agricultural producer-- 7i7 to provide agricultural workers to perform work for the covered agricultural producer2 or 7ii7 to pay the agricultural workers of a covered agricultural producer2 and 7,b7 has accepted grant funds under section #bjb from the covered agricultural producer4 7#f7 ,covered period ,the term covered period1 when used with respect to a covered agricultural producer1 means the period-- 7,a7 beginning on the first date after the date of enactment of this ,act that the covered agricultural producer is approved for ,federal agriculture-specific coronavirus funding2 and 7,b7 ending on the date that is #ij days after the date of the expiration of 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 the coronavirus4 7#g7 ,employ ,the term employ has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7 and section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb74 7#h7 ,employee ,the term employee includes-- 7,a7 an employee1 as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc72 and 7,b7 an employee1 as such term is used for purposes of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq474 7#i7 ,employer ,the term employer includes-- 7,a7 an employer1 as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc72 and 7,b7 an employer1 as such term is used for purposes of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq474 7#aj7 ,federal agriculture-specific coronavirus funding ,the term ,federal agriculture-specific coronavirus funding means ,federal funding that is provided-- 7,a7 during the period beginning on the date of enactment of this ,act and ending on the date described in paragraph 7#f77;,b72 and 7,b7 to the covered agricultural producer for purposes-- 7i7 of addressing1 responding to1 or mitigating the spread of the coronavirus in agriculture2 or 7ii7 related to the effects of coronavirus on agriculture production or sales4 7#aa7 ,highly compensated ,the term highly compensated1 when used with respect to an agricultural worker1 means an agricultural worker who is paid #ajj1jjj or more per year by a covered agricultural producer4 7#ab7 ,person ,the term person includes-- 7,a7 a person as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc72 and 7,b7 a person as defined in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb74 #c4 ,general provisions 7a7 ,rule of construction ,nothing in this ,act shall be construed to in any way diminish the rights or benefits that an employee is entitled to under any-- 7#a7 other ,federal1 ,state1 or local law2 7#b7 collective bargaining agreement2 or 7#c7 existing employer policy to provide greater rights or benefits1 including more emergency paid sick leave or other leave1 to an employee than is otherwise required under this title4 7b7 ,clarification ,nothing in this ,act is intended to limit any other ,federal1 ,state1 or local authority to promulgate1 enforce1 or maintain laws or rules regarding protections1 rights1 or benefits related to the coronavirus4 ,i ,direct ,funding ,requirements #aja4 ,sick leave 7a7 ,in general ,a covered agricultural producer shall1 during the covered period1 provide all agricultural workers of the covered agricultural producer with emergency paid sick leave1 in the same manner as emergency paid sick leave is provided under division ,e of the ,families ,first ,coronavirus ,response ,act 7#bi ,u4,s4,c4 #bfja note71 without regard to the number of employees employed by the covered agricultural producer4 7b7 ,tax credits ,for purposes of section #gjja7;c7 of the ,families ,first ,coronavirus ,response ,act 7#bf ,u4,s4,c4 #caaa note71 paid sick leave required to be provided under subsection 7a7 by covered agricultural producers employing #ejj or less employees shall be treated as required to be paid by reason of the ,emergency ,paid ,sick ,leave ,act4 #ajb4 ,premium pay 7a7 ,pandemic premium pay 7#a7 ,in general ,a covered agricultural producer or a covered contractor shall1 in accordance with this section1 provide each agricultural worker of the covered agricultural producer with premium pay at a rate equal to #ac for each hour of work performed by the agricultural worker for the covered agricultural producer during the period described in subsection 7f74 7#b7 ,maximum amounts ,the total amount of all premium pay under this subsection that a covered agricultural producer or covered contractor is required to provide to an agricultural worker shall not exceed-- 7,a7 for an agricultural worker who is not highly compensated1 #aj1jjj reduced by employer payroll taxes with respect to such premium pay2 or 7,b7 for an agricultural worker who is highly compensated1 #e1jjj reduced by employer payroll taxes with respect to such premium pay4 7#c7 ,no employer discretion ,a covered agricultural producer or covered contractor shall not have any discretion to determine which portions of work performed by an agricultural worker qualify for premium pay under this subsection1 but shall pay such premium pay for any increment of time worked by the agricultural worker up to the maximum amount applicable to the agricultural worker under paragraph 7#b74 7#d7 ,timing 7,a7 ,in general ,a covered agricultural producer or covered contractor shall commence payment of the premium pay required under this subsection as quickly as practicable1 but not later than the earlier of-- 7i7 the date that is #cj days after the receipt of grant funds under section #bjb by the covered agricultural producer or covered contractor1 respectively2 or 7ii7 the date that is #ij days after the first day of the emergency period applicable to the covered agricultural producer4 7,b7 ,past payments ,a covered agricultural producer or covered contractor shall include1 in the first payment of premium pay made under this subsection to an agricultural worker1 all premium pay due to the agricultural worker for work occurring before the date of payment and during the emergency period applicable to the covered agricultural producer4 7b7 ,prohibition on reducing compensation and displacement 7#a7 ,in general ,any payments made to an agricultural worker as premium pay under subsection 7a7 shall be in addition to all other compensation1 including all wages1 remuneration1 or other pay and benefits1 that the agricultural worker otherwise receives from the covered agricultural producer or covered contractor4 7#b7 ,reduction of compensation ,a covered agricultural producer or covered contractor shall not1 during the period described in subsection 7f71 reduce or in any other way diminish1 any other compensation1 including the wages1 remuneration1 or other pay or benefits1 that the covered agricultural producer or covered contractor provided to the agricultural worker on the day before the date of enactment of this ,act4 7#c7 ,displacement ,a covered agricultural producer or covered contractor shall not take any action to displace an agricultural worker 7including partial displacement such as a reduction in hours1 wages1 or employment benefits7 for purposes of hiring an individual for an equivalent position at a rate of compensation that is less than is required to be provided to an agricultural worker under paragraph 7#b74 7c7 ,demarcation from other compensation ,the amount of any premium pay paid under subsection 7a7 shall be clearly demarcated as a separate line item in each paystub or other document provided to an agricultural worker that details the remuneration the agricultural worker received from the covered agricultural producer or covered contractor for a particular period of time4 ,if any agricultural worker does not otherwise regularly receive any such paystub or other document1 the covered agricultural producer or the covered contractor shall provide such paystub or other document to the agricultural worker for the duration of the premium pay period4 7d7 ,exclusion from wage-,based calculations ,any premium pay under subsection 7a7 paid to an agricultural worker under this section by a covered agricultural producer or covered contractor shall be excluded from the amount of remuneration for work paid to the agricultural worker for purposes of-- 7#a7 calculating the agricultural worker's eligibility for any wage-based benefits offered by the covered agricultural producer or covered contractor2 7#b7 computing the regular rate at which such agricultural worker is employed under section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg72 and 7#c7 determining whether such agricultural worker is exempt from application of such section #g under section #ac7;a77#a7 of such ,act 7#bi ,u4,s4,c4 #bac7;a77#a774 7e7 ,agricultural worker death 7#a7 ,in general ,in any case in which an agricultural worker of a covered agricultural producer exhibits symptoms of the coronavirus and dies as a result of the coronavirus during the period described in subsection 7f71 the covered agricultural producer or covered contractor shall pay as a lump sum to the next of kin of the agricultural worker for premium pay under subsection 7a7-- 7,a7 for an agricultural worker who is not highly compensated1 the amount determined under subsection 7a77#b77;,a7 minus the total amount of any premium pay the worker received under subsection 7a7 prior to the death2 or 7,b7 for an agricultural worker who is highly compensated1 the amount determined under subsection 7a77#b77;,b7 minus the amount of any premium pay the worker received under subsection 7a7 prior to the death4 7#b7 ,treatment of lump sum payments 7,a7 ,treatment as premium pay ,for purposes of this title1 any payment made under this subsection shall be treated as premium pay under subsection 7a74 7,b7 ,treatment for purposes of ,internal ,revenue ,code of #aihf ,for purposes of the ,internal ,revenue ,code of #aihf1 any payment made under this subsection shall be treated as a payment for work performed by the agricultural worker4 7f7 ,emergency period ,the emergency period described in this subsection shall be1 for each covered agricultural producer or covered contractor of a covered agricultural producer1 the period-- 7#a7 beginning on the first date that the covered agricultural producer is approved to receive ,federal agriculture-specific coronavirus funding2 and 7#b7 ending on the earlier of-- 7,a7 the date that is #fj days after the date of the expiration of 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 the coronavirus2 or 7,b7 the date on which-- 7i7 all grant funds available to the ,secretary of ,agriculture for grants under section #bjb have been obligated2 and 7ii7 in the case of a covered producer who has received a grant under section #bjb or a covered contractor1 the covered producer or covered contractor 7as the case may be7 has expended all funds provided under the grant for the purposes described in section #bjb7;a74 #ajc4 ,job security for agricultural workers 7a7 ,in general ,each covered agricultural producer shall limit the involuntary furloughing or termination of employment or contracts of agricultural workers during the covered period1 in accordance with the regulations promulgated by the ,secretary of ,labor4 7b7 ,regulations ,by not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,labor shall promulgate regulations to carry out subsection 7a7 to ensure that willing agricultural workers are able to continue working during the covered period1 taking into account the protection of the health1 safety1 and economic security of agricultural workers4 #ajd4 ,coronavirus guidelines of the ,centers for ,disease ,control and ,prevention 7a7 ,in general ,to safeguard the food security of the ,united ,states and prevent the spread of the coronavirus in agriculture1 each covered agricultural producer shall make a substantial and demonstrable effort to document and implement the guidelines described in subsection 7b7 during the covered period4 7b7 ,guidelines ,the guidelines described in this subsection-- 7#a7 are the most recent guidelines or recommendations developed by the ,centers for ,disease ,control and ,prevention relating to agricultural workers and employment and agricultural producers1 including guidelines related to sanitation in work sites1 housing1 and transportation provided to agricultural workers2 and 7#b7 include1 at the minimum1 the following3 7,a7 ,the immediate shutdown1 deep cleaning1 and disinfecting of all areas where a symptomatic employee was present4 7,b7 ,immediate notice of possible exposure to employees who worked in close proximity of someone who has tested positive for the coronavirus4 7,c7 ,informing employees of their rights to secure compensation during any resulting quarantine period1 including-- 7i7 emergency paid sick leave under section #aja of this title or under division ,e of the ,families ,first ,coronavirus ,response ,act 7#bi ,u4,s4,c4 #bfja note71 as applicable2 and 7ii7 for covered agricultural producers who are employers covered by the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja71 emergency paid family leave described in section #ajb7;a77#a77;,f7 of such ,act 7#bi ,u4,s4,c4 #bfab7;a77#a77;,f774 7,d7 ,such steps as are necessary to ensure that-- 7i7 ill employees stay home or remain isolated in housing2 7ii7 employees leave the worksite if feeling or appearing ill with coronavirus-related symptoms2 and 7iii7 employees are provided with transportation to leave the worksite1 as needed4 7,e7 ,the immediate informing of the relevant ,state or local health department of any employees testing positive for the coronavirus or sent to quarantine for possible exposure to the coronavirus1 which report shall include the covered agricultural producer's name1 the exact field location1 and the names1 addresses1 and telephone numbers of impacted employees4 7,f7 ,at the beginning of each work day-- 7i7 a review of the symptom checklist with the agricultural workers concerning themselves and their households2 and 7ii7 a temperature check of all the employees of the covered agricultural producers1 with respect to which-- 7,i7 all thermometers shall be properly sanitized between each use and each day2 and 7,,ii7 any worker with a temperature of #ajj4d degrees ,fahrenheit or higher shall be considered to have a fever4 7,g7 ,continual monitoring for and review of guidance issued by the ,centers for ,disease ,control and ,prevention regarding the coronavirus4 7,h7 ,providing a copy of the guidelines required under this section to all employees of the covered agricultural producer in the language or languages the employees understand4 #aje4 ,enforcement 7a7 ,prohibited acts1 penalties1 and enforcement 7#a7 ,prohibited acts ,it shall be unlawful for a person to-- 7,a7 violate any provision of this title applicable to such person2 or 7,b7 discharge or in any other manner discriminate against any agricultural worker because such agricultural worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to this title1 or has testified or is about to testify in any such proceeding4 7#b7 ,enforcement and penalties 7,a7 ,duties of ,secretary of ,labor ,the ,secretary of ,labor shall have authority to enforce the requirements of this title1 as provided in this section4 7,b7 ,unpaid sick leave ,a violation of section #aja shall be deemed a failure to pay minimum wages in violation of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7 and be subject to enforcement and the penalties described in sections #af and #ag of such ,act 7#bi ,u4,s4,c4 #baf1 #bag7 with respect to such violation1 subject to subparagraph 7,f74 7,c7 ,premium pay violations ,a violation of section #ajb shall be deemed a violation of section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7 and unpaid amounts required under this section shall be treated as unpaid overtime compensation under such section #g and subject to enforcement and the penalties described in sections #af and #ag of such ,act 7#bi ,u4,s4,c4 #baf1 #bag7 for such a violation1 subject to subparagraph 7,f74 7,d7 ,job security and coronavirus guideline violations ,a violation of section #ajc or #ajd shall be treated as a violation of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7 and subject to enforcement and the penalties described in section #af and #ag of such ,act 7#bi ,u4,s4,c4 #baf1 #bag7 for such a violation-- 7i7 except that the remedies available for an agricultural worker shall be the relief available under subsection 7c77#b77;,b72 and 7ii7 subject to subparagraph 7,f74 7,e7 ,discharge or discrimination ,a violation of paragraph 7#a77;,b7 shall be deemed a violation of section #ae7;a77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bae7;a77#c771 and subject to enforcement and the penalties described in sections #af and #ag of such ,act 7#bi ,u4,s4,c4 #baf1 #bag7 for such a violation1 subject to subparagraph 7,f74 7,f7 ,no criminal penalties ,a violation of this ,act shall not be subject to any criminal penalty4 7b7 ,investigation and administrative action 7#a7 ,in general ,to ensure compliance with the provisions of this title1 including any regulation or order issued under this title1 the ,secretary of ,labor shall have the authority to receive1 investigate1 and attempt to resolve complaints in the same manner as the ,secretary receives1 investigates1 and attempts to resolve complaints of violations under section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bji71 including the investigative authority provided under section #aa7;a71 and the subpoena authority under section #i1 of such ,act 7#bi ,u4,s4,c4 #baa7;a71 #bji74 7#b7 ,state agencies ,the ,secretary of ,labor may1 for the purpose of carrying out the functions and duties under this section1 utilize the services of ,state and local agencies in accordance with section #aa7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;b774 7c7 ,agricultural worker enforcement 7#a7 ,right of action ,an action alleging a violation of this title may be maintained against a person in any ,federal or ,state court of competent jurisdiction by one or more agricultural workers or their representative for and on behalf of the agricultural workers1 or the agricultural workers and others similarly situated1 in the same manner as an action brought by an employee under section #af7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;b774 7#b7 ,liability ,damages available under paragraph 7#a7 shall include-- 7,a7 in the case of a violation of section #aja or #ajb1 the damages and remedies available for a violation of section #f or #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf1 #bjg72 7,b7 in the case of a violation of section #ajc or #ajd1 an amount not to exceed the actual damages1 statutory damages of not more than #ejj per plaintiff per violation1 or other equitable relief 7including reinstatement71 except-- 7i7 multiple infractions of a single provision of section #ajc or #ajd1 or regulations promulgated under either such section1 shall constitute only one violation for purposes of determining the amount of statutory damages due a plaintiff2 and 7ii7 in any class action1 the amount of damages shall not exceed the lesser of-- 7,i7 the amount equal to #ejj per plaintiff per violation2 and 7,,ii7 #ejj1jjj2 and 7,c7 in the case of a violation of subsection 7a77#a77;,b71 the damages and remedies available for a violation of section #ae7;a77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bae7;a77#c774 7,d7 ,court costs and attorney's fees ,in any action commenced under this subsection1 if the plaintiff is a prevailing party1 the court shall1 in addition to any judgment awarded to a plaintiff1 allow a reasonable attorney's fee to be paid by the defendant1 and costs of the action4 7#c7 ,no waiver ,in an action alleging a violation of subparagraph 7,a7 or 7,b7 of subsection 7a77#a7 brought by one or more agricultural workers or their representative for and on behalf of the persons as described in paragraph 7#a71 no court of competent jurisdiction may grant the motion of the respondent to compel arbitration1 under chapter #a of title #i1 ,united ,states ,code1 or any analogous ,state arbitration statute1 of the claims involved4 ,an agricultural worker's right to bring an action under this subsection on behalf of similarly situated agricultural workers to enforce such rights may not be subject to any private agreement that purports to require the agricultural workers to pursue claims on an individual basis4 7d7 ,recordkeeping ,a covered agricultural producer or a covered contractor shall make1 keep1 and preserve records pertaining to compliance with any applicable provisions of this title in accordance with section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 and in accordance with regulations prescribed by the ,secretary of ,labor4 #ajf4 ,effective date2 termination ,the requirements of this title shall-- 7#a7 take effect beginning on the date of enactment of this ,act2 and 7#b7 cease to have force and effect on the date that is #ij days after the date of the expiration of 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 the coronavirus4 ,,ii ,agricultural ,worker ,assistance #bja4 ,grants for agricultural producers to implement ,,cdc recommendations 7a7 ,definitions ,in this section3 7#a7 ,eligible agricultural producer ,the term eligible agricultural producer means an agricultural producer with not more than #ej employees4 7#b7 ,qualifying equipment ,the term qualifying equipment means-- 7,a7 a handwashing station2 7,b7 a portable restroom2 and 7,c7 personal protective equipment4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,grants ,the ,secretary shall provide grants to eligible agricultural producers for the purchase of qualifying equipment4 7c7 ,amount ,the amount of a grant under subsection 7b7 shall be the product obtained by multiplying-- 7#a7 #ejj2 and 7#b7 the number of employees of the eligible agricultural producer4 7d7 ,proof of purchase2 return of funds ,not later than #fj days after the date on which an eligible agricultural producer receives a grant under this section1 the eligible agricultural producer shall-- 7#a7 submit to the ,secretary proof of purchase of qualifying equipment2 and 7#b7 return to the ,secretary the amount of the grant funds1 if any1 that was not used by the eligible agricultural producer to purchase qualifying equipment1 as described in the proof of purchase submitted under paragraph 7#a74 7e7 ,conditions ,an eligible agricultural producer shall use a grant under this section-- 7#a7 to purchase qualifying equipment as necessary to meet guidelines for sanitation issued by the ,centers for ,disease ,control and ,prevention2 and 7#b7 to purchase-- 7,a7 not more than #a hand washing station and #a portable restroom per #aj employees of the eligible agricultural producer1 unless the guidelines described in paragraph 7#a7 require a greater number of qualifying equipment2 and 7,b7 such personal protective equipment as the eligible agricultural producer determines to be necessary to meet the guidelines described in paragraph 7#a74 #bjb4 ,premium pay grants 7a7 ,grants 7#a7 ,for pandemic premium pay ,the ,secretary of ,agriculture shall1 from amounts made available under subsection 7g71 award a grant to each covered agricultural producer that applies for a grant1 in accordance with this section1 for the purpose of providing premium pay to agricultural workers under section #ajb1 including amounts paid under section #ajb7;e74 7#b7 ,eligibility ,any covered agricultural producer1 including a covered agricultural producer subject to a civil penalty under section #aje1 shall be eligible for a grant under paragraph 7#a74 7b7 ,amount of grants 7#a7 ,in general ,the maximum amount available for making a grant under subsection 7a77#a7 to a covered agricultural producer shall be equal to the sum of-- 7,a7 the amount obtained by multiplying #aj1jjj by the number of agricultural workers the producer certifies1 in the application submitted under subsection 7c77#a71 as employing1 or providing remuneration to for services or labor1 who are paid wages or remuneration by the producer at a rate that is less than #ajj1jjj per year2 and 7,b7 the amount obtained by multiplying #e1jjj by the number of highly compensated agricultural workers the producer certifies1 in the application submitted under subsection 7c77#a71 as employing1 or providing remuneration to for services or labor1 who are paid wages or remuneration by the producer at a rate that is equal to or greater than #ajj1jjj per year4 7#b7 ,no partial grants ,the ,secretary of ,agriculture shall not award a grant under this section in an amount less than the maximum described in paragraph 7#a74 7c7 ,grant application and disbursal 7#a7 ,application ,any covered agricultural producer seeking a grant under subsection 7a77#a7 shall submit an application to the ,secretary of ,agriculture at such time1 in such manner1 and complete with such information as the ,secretary may require4 7#b7 ,notice and certification 7,a7 ,in general ,the ,secretary of ,agriculture shall1 within #ae days after receiving a complete application from a covered agricultural producer eligible for a grant under this section-- 7i7 notify the producer of the ,secretary's findings with respect to the requirements for the grant2 and 7ii7 7,i7 if the ,secretary finds that the covered agricultural producer meets the requirements under this section for a grant under subsection 7a71 provide a certification to the producer-- 7aa7 that the producer has met such requirements2 and 7bb7 of the amount of the grant payment that the ,secretary has determined the producer shall receive based on the requirements under this section2 or 7,,ii7 if the ,secretary finds that the covered agricultural producer does not meet the requirements under this section for a grant under subsection 7a71 provide a notice of denial stating the reasons for the denial and provide an opportunity for administrative review by not later than #aj days after the denial4 7,b7 ,transfer ,not later than #g days after making a certification under subparagraph 7,a77ii7 with respect to a covered agricultural producer1 the ,secretary of ,agriculture shall make the appropriate transfer to the producer of the amount of the grant4 7d7 ,use of funds 7#a7 ,in general ,a covered agricultural producer receiving a grant under this section shall use the amount of the grant solely for the following purposes3 7,a7 ,providing premium pay under section #ajb7;a7 to agricultural workers in accordance with the requirements for such payments under such section1 including providing payments described in section #ajb7;e7 to the next of kin of agricultural workers in accordance with the requirements for such payments under such section4 7,b7 ,paying employer payroll taxes with respect to premium pay amounts described in subparagraph 7,a71 including such payments described in section #ajb7;e74 ,each dollar of a grant received by a covered agricultural producer under this section shall be used as provided in subparagraph 7,a7 or 7,b7 or returned to the ,secretary of ,agriculture4 7#b7 ,no other uses authorized ,a covered agricultural producer who uses any amount of a grant for a purpose not required under paragraph 7#a7 shall be considered to have misused funds in violation of section #ajb4 7#c7 ,use of covered contractors 7,a7 ,in general ,in any case where a covered agricultural producer receiving a grant under this section has1 or enters into1 an agreement with another entity regarding providing or paying agricultural workers for the covered agricultural producer-- 7i7 the covered agricultural producer shall-- 7,i7 not later than #c days after receipt of the grant funds under this section1 notify1 in writing1 the contracting entity about the requirement under section #ajb to provide premium pay to agricultural workers2 7,,ii7 not later than #ad days after receipt of the grant funds under this section1 transfer the amounts needed to provide premium pay under section #ajb7;a71 including providing payments described in section #ajb7;e71 to the contracting entity for disbursement to the agricultural workers2 and 7,,iii7 remain responsible for the use of the funds in accordance with paragraph 7#a7 and section #ajb2 and 7ii7 the contracting entity shall-- 7,i7 as a condition of receipt of such amounts1 agree1 in writing1 to comply with the requirements of section #ajb1 with respect to the agricultural workers of the covered agricultural producer2 and 7,,ii7 maintain1 and report to the covered agricultural producer and the ,secretary of ,labor1 payroll documents recording the payment of premium pay to the agricultural workers4 7,b7 ,effect of transfer of funds ,by accepting grant funds under subparagraph 7,a7 from a covered agricultural producer-- 7i7 the covered contractor agrees to provide premium pay1 in accordance with paragraph 7#a7 and as required under section #ajb1 to the agricultural workers of the covered agricultural producer and to comply with the requirements of section #aje7;a77#a77;,b7 with respect to such agricultural workers2 and 7ii7 the covered contractor shall be subject to the enforcement provisions under section #aje for violating section #ajb or section #aje7;a77#a77;,b7 with respect to such agricultural workers4 7#d7 ,refund 7,a7 ,in general ,if a covered agricultural producer receives a grant under this section and1 for any reason1 does not provide every dollar of such grant to agricultural workers in accordance with the requirements of this ,act1 then the producer shall refund any such dollars to the ,secretary of ,agriculture not later than ,june #cj1 #bjba4 ,any amounts returned to the ,secretary shall remain available to the ,secretary for additional grants under this section4 7,b7 ,requirement for not reducing compensation ,a covered agricultural producer who is required to refund any amount under this paragraph shall not reduce or otherwise diminish an eligible worker's compensation or benefits in response to or otherwise due to such refund4 7e7 ,recoupment ,in addition to all other enforcement and remedies available under this ,act or any other law1 the ,secretary of ,agriculture shall establish a process under which the ,secretary shall recoup the amount of any grant awarded under subsection 7a77#a7 if the ,secretary determines that the covered agricultural producer receiving the grant-- 7#a7 did not provide all of the dollars of such grant to the agricultural workers of the producer or1 in the case of payments made under section #ajb7;e71 the next of kin of such workers2 7#b7 did not1 in fact1 have the number of agricultural workers certified by the producer in accordance with subparagraphs 7,a7 and 7,b7 of subsection 7b77#a72 7#c7 did not pay the agricultural workers for the number of hours the producer claimed to have paid2 or 7#d7 otherwise misused funds or violated this section4 7f7 ,tax treatment 7#a7 ,exclusion from income ,for purposes of the ,internal ,revenue ,code of #aihf1 any grant received by a covered agricultural producer under this section shall not be included in the gross income of such covered agricultural producer4 7#b7 ,denial of double benefit 7,a7 ,in general ,in the case of a covered agricultural producer that receives a grant under this section-- 7i7 amounts paid under subsection 7a7 or 7e7 of section #ajb shall not be taken into account as wages for purposes of sections #da1 #de;,a1 #ea1 or #acif of the ,internal ,revenue ,code of #aihf or section #bcja of the ,,cares ,act 7,public ,law #aaf-acf72 and 7ii7 any deduction otherwise allowable under such ,code for applicable payments during any taxable year shall be reduced 7but not below zero7 by the excess 7if any7 of-- 7,i7 the aggregate amounts of grants received under this section2 over 7,,ii7 the sum of any amount refunded under subsection 7d7 plus the aggregate amount of applicable payments made for all preceding taxable years4 7,b7 ,applicable payments ,for purposes of this paragraph1 the term applicable payments means amounts paid as premium pay under subsection 7a7 or 7e7 of section #ajb and amounts paid for employer payroll taxes with respect to such amounts4 7,c7 ,aggregation rule ,rules similar to the rules of subsections 7a7 and 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall apply for purposes of this section4 7#c7 ,information reporting ,the ,secretary of ,agriculture shall submit to the ,commissioner of ,internal ,revenue statements containing-- 7,a7 the name and tax identification number of each covered agricultural producer receiving a grant under this section2 7,b7 the amount of such grant2 and 7,c7 any amounts refunded under subsection 7d77#d74 7g7 ,authorization and appropriations ,there are authorized to be appropriated1 and there are appropriated1 out of any amounts in the ,treasury not appropriated1 such sums as are necessary for the ,secretary of ,agriculture to award grants under this section to all eligible agricultural producers that submit a complete application under subsection 7c74 7h7 ,emergency designation 7#a7 ,in general ,the amounts provided by this section are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7#b7 ,designation in senate ,in the ,senate1 this section is designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4