Division F — Assistance to Agricultural Producers and Other Matters Relating to Agriculture
F Assistance to Agricultural Producers and Other Matters Relating to Agriculture
I Livestock
Sec. 60101 Establishment of trust for benefit of unpaid cash sellers of livestock
The Packers and Stockyards Act, 1921, is amended by inserting after section 317 (7 U.S.C. 217a) the following new section:
“318. Statutory trust established; dealer
“(a) Establishment
“(1) In general—All livestock purchased by a dealer in cash sales and all inventories of, or receivables or proceeds from, such livestock shall be held by such dealer in trust for the benefit of all unpaid cash sellers of such livestock until full payment has been received by such unpaid cash sellers.
“(2) Exemption—Any dealer whose average annual purchases of livestock do not exceed $100,000 shall be exempt from the provisions of this section.
“(3) Effect of dishonored instruments—For purposes of determining full payment under paragraph (1), a payment to an unpaid cash seller shall not be considered to have been made if the unpaid cash seller receives a payment instrument that is dishonored.
“(b) Preservation of trust—An unpaid cash seller shall lose the benefit of a trust under subsection (a) if the unpaid cash seller has not preserved the trust by giving written notice to the dealer involved and filing such notice with the Secretary—
“(1) within 30 days of the final date for making a payment under section 409 in the event that a payment instrument has not been received; or
“(2) within 15 business days after the date on which the seller receives notice that the payment instrument promptly presented for payment has been dishonored.
“(c) Notice to lien holders—When a dealer receives notice under subsection (b) of the unpaid cash seller’s intent to preserve the benefits of the trust, the dealer shall, within 15 business days, give notice to all persons who have recorded a security interest in, or lien on, the livestock held in such trust.
“(d) Cash Sales Defined—For the purpose of this section, a cash sale means a sale in which the seller does not expressly extend credit to the buyer.
“(e) Purchase of livestock subject to trust
“(1) In general—A person purchasing livestock subject to a dealer trust shall receive good title to the livestock if the person receives the livestock—
“(A) in exchange for payment of new value; and
“(B) in good faith without notice that the transfer is a breach of trust.
“(2) Dishonored payment instrument—Payment shall not be considered to have been made if a payment instrument given in exchange for the livestock is dishonored.
“(3) Transfer in satisfaction of antecedent debt—A transfer of livestock subject to a dealer trust is not for value if the transfer is in satisfaction of an antecedent debt or to a secured party pursuant to a security agreement.
“(f) Enforcement—Whenever the Secretary has reason to believe that a dealer subject to this section has failed to perform the duties required by this section or whenever the Secretary has reason to believe that it will be in the best interest of unpaid cash sellers, the Secretary shall do one or more of the following—
“(1) appoint an independent trustee to carry out the duties required by this section, preserve trust assets, and enforce the trust;
“(2) serve as independent trustee, preserve trust assets, and enforce the trust; or
“(3) file suit in the United States district court for the district in which the dealer resides to enjoin the dealer’s failure to perform the duties required by this section, preserve trust assets, and to enforce the trust. Attorneys employed by the Secretary may, with the approval of the Attorney General, represent the Secretary in any such suit. Nothing herein shall preclude unpaid sellers from filing suit to preserve or enforce the trust.”
Sec. 60102 Emergency assistance for market-ready livestock and poultry losses
In general— The Secretary shall make payments to covered producers to offset the losses of income related to the intentional depopulation of market-ready livestock and poultry due to insufficient access to meat and poultry processing related to the COVID–19 public health emergency, as determined by the Secretary.
Payment rate for covered producers—
Payments for first 30-day period— For a period of 30 days beginning, with respect to a covered producer, on the initial date of depopulation described in subsection (a) of the market-ready livestock or poultry of the covered producer, the Secretary shall reimburse such covered producer for 85 percent of the value of losses as determined under subsection (c).
Subsequent 30-day periods— For each 30-day period subsequent to the 30-day period described in paragraph (1), the Secretary shall reduce the value of the losses as determined under subsection (c) with respect to a covered producer by 10 percent.
Maximum aggregate payment— In no case shall the amount of payments received by a producer under this section and section 60306 exceed 100 percent of the loss of such producer.
Valuation— In calculating the amount of losses for purposes of the payment rates under subsection (b), the Secretary shall use the average fair market value, as determined by the Secretary in collaboration with the Chief Economist of the Department of Agriculture and the Administrator of the Agricultural Marketing Service, for market-ready livestock, where applicable, and market-ready poultry, where applicable, during the period beginning March 1, 2020, and ending on the date of the enactment of this section. In no case shall a payment made under subsection (b) exceed the average market value of market-ready livestock or poultry on the date of depopulation.
Packer-owned animals excluded— The Secretary may not make payments under this section for the losses of packer-owned animals.
Definitions— In this section:
Covered producer— The term covered producer means a person or legal entity that assumes the production and market risks associated with the agricultural production of livestock and poultry (as such terms are defined in section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 183(a)).
Packer— The term packer has the meaning given the term in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191).
Secretary— The term Secretary means the Secretary of Agriculture.
Funding— There is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this section.
Sec. 60103 Animal disease prevention and management response
Out of any amounts in the Treasury not otherwise appropriated, there is appropriated to carry out section 10409A of the Animal Health Protection Act (7 U.S.C. 8308A) $300,000,000, to remain available until expended.
II Dairy
Sec. 60201 Dairy direct donation program
Definitions— In this section:
Eligible dairy organization— The term eligible dairy organization is defined in section 1431(a) of the Agricultural Act of 2014 (7 U.S.C. 9071(a)).
Eligible distributor— The term eligible distributor means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families.
Eligible dairy products— The term eligible dairy products means products primarily made from milk produced and processed within a Federal Milk Marketing Order.
Eligible partnership— The term eligible partnership means a partnership between an eligible dairy organization and an eligible distributor.
Establishment and purposes— Not later than 45 days after the enactment of this Act, the Secretary shall establish and administer a direct dairy donation program for the purposes of—
facilitating the timely donation of eligible dairy products and
preventing and minimizing food waste.
Donation and distribution plans—
In general— To be eligible to receive reimbursement under this section, an eligible partnership shall submit to the Secretary a donation and distribution plan that describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible dairy products.
Review and approval— No later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall—
review such plan; and
issue an approval or disapproval of such plan.
Reimbursement—
In general— On receipt of appropriate documentation under paragraph (2), the Secretary shall reimburse an eligible dairy organization at a rate equal to the current Class I milk price multiplied by the volume of milk required to make the donated product.
Special case— In the case of donated Class I products, the Secretary shall reimburse an eligible dairy organization at a rate equal to the current Class I milk price plus 5 percent multiplied by the volume of milk required to make the donated Class I product.
Documentation—
In general— An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate the eligible dairy product production and donation to the eligible distributor.
Verification— The Secretary may verify the accuracy of documentation submitted.
Retroactive reimbursement— In providing reimbursements under paragraph (1), the Secretary may provide reimbursements for milk costs incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary.
Prohibition on resale of products—
In general— An eligible distributor that receives eligible dairy products donated under this section may not sell the products into commercial markets.
Prohibition on future participation— An eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section.
Reviews— The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.
Publication of donation activity— The Secretary, acting through the Agricultural Marketing Service, shall publish on the publicly accessible website of such agency periodic reports containing donation activity under this section.
Supplemental reimbursements—
In general— The Secretary may make a supplemental reimbursement to an eligible dairy organization for an approved donation and distribution plan in accordance with the milk donation program established under section 1431 of the Agricultural Act of 2014 (7 U.S.C. 9071).
Reimbursement calculation— A supplemental reimbursement described in paragraph (1) shall be equal to the value of—
the sum of—
the Class IV milk price for the applicable month, plus
5 percent of the Class I price for the applicable month, multiplied by
the volume of eligible milk under such approved donation plan.
Funding— Out of any amounts of the Treasury not otherwise appropriated, there is appropriated to carry out this section $500,000,000, to remain available until expended.
Sec. 60202 Supplemental dairy margin coverage payments
In general— The Secretary shall provide supplemental dairy margin coverage payments to eligible dairy operations described in subsection (b)(1) whenever the average actual dairy production margin (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)) for a month is less than the coverage level threshold selected by such eligible dairy operation under such section 1406.
Eligible dairy operation described—
In general— An eligible dairy operation described in this subsection is a dairy operation that—
is located in the United States; and
during a calendar year in which such dairy operation is a participating dairy operation (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)), has a production history established under the dairy margin coverage program under section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) of less than 5 million pounds, as determined in accordance with subsection (c) of such section 1405.
Limitation on eligibility— An eligible dairy operation shall only be eligible for payments under this section during a calendar year in which such eligible dairy operation is enrolled in the dairy margin coverage (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)).
Supplemental production history calculation— For purposes of determining the production history of an eligible dairy operation under this section, such dairy operation’s production history shall be equal to—
the production volume of such dairy operation for the 2019 milk marketing year; minus
the dairy margin coverage production history of such dairy operation established under section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055).
Coverage percentage—
In general— For purposes of calculating payments to be issued under this section during a calendar year, an eligible dairy operation’s coverage percentage shall be equal to the coverage percentage selected by such eligible dairy operation with respect to such calendar year under section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056).
5-million pound limitation—
In general— The Secretary shall not provide supplemental dairy margin coverage on an eligible dairy operation’s actual production for a calendar year such that the total covered production history of such dairy operation exceeds 5 million pounds.
Determination of amount— In calculating the total covered production history of an eligible dairy operation under subparagraph (A), the Secretary shall multiply the coverage percentage selected by such operation under section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) by the sum of—
the supplemental production history calculated under subsection (c) with respect to such dairy operation; and
the dairy margin coverage production history described in subsection (c)(2) with respect to such dairy operation.
Premium cost— The premium cost for an eligible dairy operation under this section for a calendar year shall be equal to the product of multiplying—
the Tier I premium cost calculated with respect to such dairy operation for such year under section 1407(b) of the Agricultural Act of 2014 (7 12 U.S.C. 9057(b)); by
the production history calculation with respect to such dairy operation determined under subsection (c) (such that total covered production history does not exceed 5 million pounds).
Regulations— Not later than 45 days after the date of the enactment of this section, the Secretary shall issue regulations to carry out this section.
Prohibition with respect to dairy margin coverage enrollment— The Secretary may not reopen or otherwise provide a special enrollment for dairy margin coverage (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)) for purposes of establishing eligibility for supplemental dairy margin coverage payments under this section.
Retroactive application for calendar year 2020— The Secretary shall make payments under this section to eligible dairy operations described in subsection (b)(1) for months after and including January, 2020.
Sunset— The authority to make payments under this section shall terminate on December 31, 2023.
Funding— Out of any amounts in the Treasury not otherwise appropriated, there is appropriated to carry out this section such sums as may be necessary.
Sec. 60203 Recourse loan program for commercial processors of dairy products
In general— The Secretary shall make recourse loans available to qualified applicants during the COVID–19 pandemic.
Amount of loan—
In general— A recourse loan made under this section shall be provided to qualified applicants up to the value of the eligible dairy product inventory of the applicant as determined by the Secretary and consistent with subsection (c).
Valuation— For purposes of making recourse loans under this section, the Secretary shall conduct eligible dairy product valuations to provide, to the maximum extent practicable, funds to continue the operations of qualified applicants.
Inventory used as collateral— Eligible dairy product inventory used as collateral for the recourse loan program under this section shall be pledged on a rotating basis to prevent spoilage of perishable products.
Term of loan— A recourse loan under this section may be made for a period as determined by the Secretary, except that no such recourse loan may end after the date that is 24 months after the date of the enactment of this section.
Funding— Out of any amounts in the Treasury not otherwise appropriated, there is appropriated to carry out this section $500,000,000.
Definitions— In this section:
Eligible dairy products— The term eligible dairy products means all dairy products whether in base commodity or finished product form.
Qualified applicant— The term qualified applicant means any commercial processors, packagers, merchants, marketers, wholesalers, and distributors of eligible dairy products impacted by COVID–19.
Sec. 60204 Dairy margin coverage premium discount for 3-year signup
The Secretary shall provide a 15 percent discount for the premiums described in subsections (b) and (c) of section 1407 of the Agricultural Act of 2014 (7 U.S.C. 9051) and the premium described in section 60202(e) for a dairy operation (as defined in 1401 of such Act (7 U.S.C. 9051)) that makes a 1-time, three-year election to enroll in dairy margin coverage under part I of subtitle D of such Act for calendar years 2021 through 2023.
III Specialty Crops and Other Commodities
Sec. 60301 Support for specialty crop sector
Section 101(l) of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note) is amended by adding at the end the following:
“(3) COVID–19 outbreak relief
“(A) In general—The Secretary shall make grants to States eligible to receive a grant under this section to assist State efforts to support the specialty crop sector for impacts related to the COVID–19 public health emergency.
“(B) Funding—There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out subparagraph (A) not less than $100,000,000, to remain available until expended.”
Sec. 60302 Support for local agricultural markets
Section 210A(i) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c(d)) is amended by adding at the end the following:
“(4) Grants for COVID–19 losses
“(A) In general—In addition to grants made under the preceding provisions of this subsection, the Secretary shall make grants to eligible entities specified in paragraphs (5)(B) and (6)(B) of subsection (d) to provide assistance in response to the COVID–19 pandemic.
“(B) Matching funds applicability—The Secretary may not require a recipient of a grant under subparagraph (A) to provide any nonFederal matching funds.
“(F) Funding—There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out this paragraph, $50,000,000, to remain available until expended.”
Sec. 60303 Support for farming opportunities training and outreach
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 subsection (c)(1) or entities eligible for grants under subsection (d) 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.
“(2) Matching funds applicability—The Secretary may not require a recipient of a grant under this subsection to provide any nonFederal matching funds.
“(3) Funding—There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out this subsection, $50,000,000, to remain available until expended.”
Sec. 60304 Support for farm stress programs
In general— The Secretary shall make grants to State departments of agriculture (or such equivalent department) to expand or sustain stress assistance programs for individuals who are engaged in farming, ranching, and other agriculture-related occupations, including—
programs that meet the criteria specified in section 7522(b)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936(b)(1)); and
any State initiatives carried out as of the date of the enactment of this Act that provide stress assistance for such individuals.
Grant timing and amount— In making grants under subsection (a), not later than 60 days after the date of the enactment of this Act and subject to subsection (c), the Secretary shall—
make awards to States submitting State plans that meet the criteria specified in paragraph (1)(A) of such subsection within the time period specified by the Secretary, in an amount not to exceed, $500,000 for each State; and
of the amounts made available under subsection (f), allocate among such States, an amount to be determined by the Secretary.
State plan—
In general— A State department of agriculture seeking a grant under subsection (b) shall submit to the Secretary a State plan to expand or sustain stress assistance programs described in subsection (a) that includes—
a description of each activity and the estimated amount of funding to support each program and activity carried out through such a program;
an estimated timeline for the operation of each such program and activity;
the total amount of funding sought; and
an assurance that the State department of agriculture will comply with the reporting requirement under subsection (e).
Guidance— Not later than 20 days after the date of the enactment of this Act, the Secretary shall issue guidance for States with respect to the submission of a State plan under paragraph (1) and the allocation criteria under subsection (b).
Reallocation— If, after the first grants are awarded pursuant to allocation under subsection (b), any funds made available under subsection (f) to carry out this subsection remain unobligated, the Secretary shall—
inform States that submit plans as described in subsection (b), of such availability; and
reallocate such funds among such States, as the Secretary determines to be appropriate and equitable.
Collaboration— The Secretary may issue guidance to encourage State departments of agriculture to use funds provided under this section to support programs described in subsection (a) that are operated by—
Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
State cooperative extension services; and
nongovernmental organizations.
Reporting— Not later than 180 days after the public health emergency declared under section 319 of the Public Health Services Act (42 U.S.C. 247d) on January 31, 2020, is terminated, each State receiving additional grants under subsection (b) shall submit a report to the Secretary describing—
the activities conducted using such funds;
the amount of funds used to support each such activity; and
the estimated number of individuals served by each such activity.
Funding— Out of any money not otherwise appropriated, there is appropriated to carry out this section $28,000,000, to remain available until expended.
State defined— In this section, the term State means—
a State;
the District of Columbia;
the Commonwealth of Puerto Rico; and
any other territory or possession of the United States.
Sec. 60305 Support for processed commodities
Renewable fuel reimbursement program—
In general— The Secretary shall make payments in accordance with this subsection to eligible entities that experienced unexpected market losses as a result of the COVID–19 pandemic during the applicable period.
Definitions— In this section:
Applicable period— The term applicable period means January 1, 2020, through May 1, 2020.
Eligible entity— The term eligible entity means any domestic entity or facility that produced any qualified fuel in the calendar year 2019.
Qualified fuel— The term “qualified fuel” means any advanced biofuel, biomass-based diesel, cellulosic biofuel, conventional biofuel, or renewable fuel, as such terms are defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), that is produced in the United States.
Amount of payment— The amount of the payment payable to an eligible entity shall be the sum of—
$0.45 multiplied by the number of gallons of qualified fuel produced by the eligible entity during the applicable period; and
if the Secretary determines that the eligible entity was unable to produce any qualified fuel throughout 1 or more calendar months during the applicable period due to the COVID–19 pandemic, $0.45 multiplied by 50 percent of the number of gallons produced by the eligible entity in the corresponding month or months in calendar year 2019.
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the payments made under this subsection, including the identity of each payment recipient and the amount of the payment paid to the payment recipient.
Funding— There is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary for payments to eligible entities under this subsection.
Administration—
In general— The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this subsection.
Regulations—
In general— Except as otherwise provided in this subsection, not later than 30 days after the date of the enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall prescribe such regulations as are necessary to carry out this subsection.
Procedure— The promulgation of regulations under, and administration of, this subsection shall be made without regard to—
the notice and comment provisions of section 553 of title 5, United States Code; and
chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”).
Emergency assistance for textile mills—
In general— The Secretary shall make emergency assistance available to domestic users of upland cotton and extra long staple cotton in the form of a payment in an amount determined under paragraph (2), regardless of the origin of such upland cotton or extra long staple cotton, during the 10-month period beginning on March 1, 2020.
Calculation of assistance— The amount of the assistance provided under paragraph (1) to a domestic user described in such paragraph shall be equal to 10 multiplied by the product of—
the domestic user’s historical monthly average consumption; and
6 cents per pound so consumed.
Allowable use— Any emergency assistance provided under this section shall be made available only to domestic users of upland cotton and extra long staple cotton that certify that the assistance shall be used only for operating expenses.
Historical monthly average consumption defined— The term historical monthly average consumption means the average consumption for each month occurring during the period beginning on January 1, 2017, and ending on December 31, 2019.
Sunset— The Secretary may not provide emergency assistance under this section on or after December 31, 2020.
Funding— There is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this subsection.
Sec. 60306 Direct payments to agricultural producers
In general— The Secretary shall make direct payments to producers of specialty crops, livestock, and other commodities, to cover losses in response to the COVID–19 pandemic.
Payment calculations— Payment under subsection (a), shall be calculated as follows:
Specialty crops, livestock, and other commodities covered by Coronavirus Food Assistance Program— In the case of losses of specialty crops, livestock, and other commodities incurred during the first quarter of calendar year 2020 and eligible to receive direct payments under the Department of Agriculture’s final rule for the Coronavirus Food Assistance program of the Department of Agriculture, payments under subsection (a) shall be made to producers to ensure that they are compensated for 85 percent of the second quarter actual losses estimated by the Secretary.
Specialty crops, livestock, and other commodities not covered by Coronavirus Food Assistance Program— In the case of losses of specialty crops, livestock, and other commodities for which a producer is ineligible to receive direct payments under the program referred to in paragraph (1), payments under subsection (a) shall be equal to 85 percent of the actual losses estimated by the Secretary for the first and second quarters of calendar year 2020 for their commodity.
Adjustment— In calculating the amount of a payment under subsection (b)(2), the Secretary shall account for price differentiation factors for a given commodity based on location, specialized varieties, and farming practices such as certified organic products, by using—
differentiated prices, as determined by the Risk Management Agency for purposes of the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), when available; and
other data from the Department of Agriculture and colleges and universities, to determine estimated prices.
Adjusted gross income limitations— A payment under this section shall be deemed to be a covered benefit under section 1001D(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(2)), unless at least 75 percent of the adjusted gross income of the recipient of the payment is derived from farming, ranching, or forestry-related activities.
Payments— The Secretary shall begin making payments under subsection (a) not later than 60 days after the date of the enactment of this section.
Funding— There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out this section $16,500,000,000, to remain available until December 31, 2020.
Notification— Any obligation or expenditure under this section shall be subject to the requirements described in section 20 of the Commodity Credit Corporation Charter Act, as added by section 60402.
Report to Congress— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report specifying how price losses were calculated for each crop and crop differentiation factor, and evaluating the implementation, costs, and general effectiveness of this section and the Coronavirus Food Assistance program of the Department of Agriculture.
IV Commodity Credit Corporation
Sec. 60401 Emergency assistance
Section 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c) is amended by redesignating subsection (h) as subsection (j) and inserting the following:
“(h) Remove and dispose of or aid in the removal or disposition of surplus livestock and poultry due to significant supply chain interruption during an emergency period.
“(i) Aid agricultural processing plants to ensure supply chain continuity during an emergency period.”
Sec. 60402 Congressional notification
The Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.) is amended by adding at the end the following new section:
“20. Congressional notification and oversight on spending
“(a) In general—The Secretary shall notify in writing, by first-class mail and electronic mail, the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate at least 90 calendar days (not counting any day on which both the House of Representatives and Senate are not in session) in advance of any obligation or expenditure authorized under this Act.
“(b) Written notice—A written notice required under subsection (a) shall specify—
“(1) the commodities that will be affected;
“(2) the maximum financial benefit per commodity;
“(3) the nature of the support, including—
“(A) direct payments;
“(B) technical and financial assistance;
“(C) marketing assistance; and
“(D) purchases;
“(4) the expected legal entities or individuals that would receive financial benefits;
“(5) the intended policy goals;
“(6) the legal justification specifying the authority of this Act utilized; and
“(7) the projected impacts to commodity markets.
“(c) Monitoring or oversight—The Comptroller General of the United States shall conduct monitoring and oversight of the exercise of authorities, the receipt, disbursement, and use of funds for which a report is required under subsection (a).
“(d) Reports—In conducting monitoring and oversight under subsection (c), the Comptroller General shall publish reports regarding the ongoing monitoring and oversight efforts, which, along with any audits and investigations conducted by the Comptroller General, shall be submitted to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate and posted on the website of the Government Accountability Office—
“(1) not later than 90 days after the initial obligation or expenditure of funds subject to subsection (a), and every other month thereafter for as long as such obligations or expenditures continue; and
“(2) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate additional reports as warranted by the findings of the monitoring and oversight activities of the Comptroller General.
“(e) Access to information
“(1) Right of access—In conducting monitoring and oversight activities under subsection (c), the Comptroller General shall have access to records, upon request, of any Federal, State, or local agency, contractor, grantee, recipient, or subrecipient pertaining to any obligations or expenditures subject to subsection (a), including private entities receiving such assistance.
“(2) Copies—The Comptroller General may make and retain copies of any records accessed under paragraph (1) as the Comptroller General determines appropriate.
“(3) Interviews—In addition to such other authorities as are available, the Comptroller General or a designee of the Comptroller General may interview Federal, State, or local officials, contractor staff, grantee staff, recipients, or subrecipients pertaining to any obligations or expenditures subject to subsection (a), including private entities receiving such assistance.
“(4) Inspection of facilities—As determined necessary by the Comptroller General, the Government Accountability Office may inspect facilities at which Federal, State, or local officials, contractor staff, grantee staff, or recipients or subrecipients carry out their responsibilities related to obligations or expenditures subject to subsection (a).
“(5) Enforcement—Access rights under this subsection shall be subject to enforcement consistent with section 716 of title 31, United States Code.
“(f) Relationship to existing authority—Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any existing authority of the Comptroller General.
“(g) Exception to waiting period—Subsection (a) shall not apply if, prior to obligating or spending any funding described in such subsection, the Secretary obtains approval in writing from at least three of the following individuals—
“(1) the Chair of the Committee on Agriculture of the House of Representatives,
“(2) the Ranking Member of the Committee on Agriculture of the House of Representatives,
“(3) the Chair of the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
“(4) the Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate.
“(h) Exclusion for preexisting authorizations—This section shall not apply to obligations and expenditures authorized in the Agriculture Improvement Act of 2018 (Public Law 115–334).”
V Conservation
Sec. 60501 Emergency soil health and income protection pilot program
Definition of eligible land— In this section, the term eligible land means cropland that—
is selected by the owner or operator of the land for proposed enrollment in the pilot program under this section; and
as determined by the Secretary, had a cropping history or was considered to be planted during each of the 3 crop years preceding enrollment.
Establishment—
In general— The Secretary shall establish a voluntary emergency soil health and income protection pilot program under which eligible land is enrolled through the use of contracts to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.
Deadline for participation— Eligible land may be enrolled in the program under this section through December 31, 2021.
Contracts—
Requirements— A contract described in subsection (b) shall—
be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and
provide that, during the term of the contract—
the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land;
subject to paragraph (4), the eligible land may be harvested for seed, hayed, or grazed outside the primary nesting season established for the applicable county;
the eligible land may be eligible for a walk-in access program of the applicable State, if any; and
a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover.
Payments—
Rental rate— Except as provided in paragraph (4)(B)(ii), the annual rental rate for a payment under a contract described in subsection (b) shall be $70 per acre.
Advance payment— At the request of the owner and (if applicable) the operator of the eligible land, the Secretary shall make all rental payments under a contract entered into under this section within 30 days of entering into such contract.
Cost share payments— A contract described in subsection (b) shall provide that, during the term of the contract, the Secretary shall pay, of the actual cost of establishment of the conserving use cover crop under paragraph (1)(B)(i), not more than $30 per acre.
Term—
In general— Except as provided in subparagraph (B), each contract described in subsection (b) shall be for a term of 3 years.
Early termination—
Secretary— The Secretary may terminate a contract described in subsection (b) before the end of the term described in subparagraph (A) if the Secretary determines that the early termination of the contract is appropriate.
Owners and operators— An owner and (if applicable) an operator of eligible land enrolled in the pilot program under this section may terminate a contract described in subsection (b) before the end of the term described in subparagraph (A) if the owner and (if applicable) the operator pay to the Secretary an amount equal to the amount of rental payments received under the contract.
Harvesting, haying, and grazing outside applicable period— The harvesting for seed, haying, or grazing of eligible land under paragraph (1)(B)(ii) outside of the primary nesting season established for the applicable county shall be subject to the conditions that—
with respect to eligible land that is so hayed or grazed, adequate stubble height shall be maintained to protect the soil on the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee; and
with respect to eligible land that is so harvested for seed—
the eligible land shall not be eligible to be insured or reinsured under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
the annual rental rate for a payment under a contract described in subsection (b) shall be $52.50 per acre.
Acreage limitation— Not more than 5,000,000 total acres of eligible land may be enrolled under the pilot program under this section.
Funding— There is appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this section.
W Nutrition
Sec. 60601 Definitions
In this title:
Covid-19 public health emergency— The term COVID–19 public health emergency means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Services Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19.
Supplemental nutrition assistance program— The term supplemental nutrition assistance program has the meaning given such term in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)).
Sec. 60602 Enhanced projects to harvest, process, package, or transport donated commodities
Definitions— In this section:
Emergency feeding organization— The term emergency feeding organization has the meaning given the term in section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501).
Project— The term project has the meaning given the term in section 203D(d)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507(d)(1)).
Priority agricultural product— The term priority agricultural product means a dairy, meat, or poultry product, or a specialty crop—
packaged or marketed for sale to commercial or food service industries;
for which decreased demand exists for such a product due to the COVID–19 outbreak; and
the repurposing of which would be impractical for grocery or retail sale.
State— The term State has the meaning given the term in section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507).
State agency— The term State agency has the meaning given the term in section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507).
Enhanced projects—
In general— Subject to paragraphs (3) and (4), using funds made available under subsection (d), the Secretary may provide funds to States to pay for harvesting, processing, packaging, or transportation costs of carrying out a project.
Guidance— Not later than 30 days after the date of enactment of this Act, the Secretary shall issue guidance to States—
to carry out this section;
to inform States of their allocations under paragraph (3); and
to encourage States to carry out projects that work with agricultural producers, processors, and distributors with priority agricultural products.
Allocation—
Eligibility for allocation— The Secretary shall allocate funds made available under subsection (d) based on the formula in effect under section 214(a) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7515(a)), among States that timely submit a State plan of operation for a project that includes—
a list of emergency feeding organizations in the State that will operate the project in partnership with the State agency;
at the option of the State, a list of priority agricultural products located in the State that are for donation to emergency feeding organizations and ready for transport;
a description of how the project will meet the purposes described in section 203D(d)(3) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507(d)(3)); and
a timeline of when the project will begin operating.
Reallocation— If the Secretary determines that a State will not expend all the funds allocated to the State under subparagraph (A), the Secretary shall reallocate the unexpended funds to other eligible States.
Report— Each State that receives funds allocated under this paragraph shall submit to the Secretary financial reports on a regular basis describing the use of the funds.
Use of funds—
In general— A State that receives funds under section 203D(d)(5) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507(d)(5)) may—
receive funds under this section; and
use funds received under this section—
to expand projects for which funds are received under such section 203D(d)(5);
to carry out new projects with agricultural producers, processors, or distributors participating in projects for which funds are received under such section 203D(d)(5); and
to carry out projects with agricultural producers, processors, or distributors not participating in projects for which funds are received under such section 203D(d)(5).
Federal share— Funds received under this section shall not be subject to the Federal share limitation described in section 203D(d)(2)(B) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507(d)(2)(B)).
Cooperative agreements—
In general— A State agency that carries out a project using Federal funds received under this section may enter into cooperative agreements with State agencies of other States under section 203B(d) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507(d)) to maximize the use of commodities donated under the project.
Submission— Not later than 15 days after entering into a cooperative agreement under paragraph (1), a State agency shall submit such agreement to the Secretary.
Appropriation of funds— Out of funds in the Treasury not otherwise appropriated, there is appropriated to carry out this section $25,000,000 to remain available until September 30, 2021.
Public availability— Not later than 10 days after the date of the receipt or issuance of each document listed in paragraphs (1), (2), or (3) of this subsection, the Secretary shall make publicly available on the website of the Department of Agriculture the following documents:
Any guidance issued under subsection (b)(2).
A State plan of operation or report submitted in accordance with subsection (b)(3).
A cooperative agreement submitted in accordance with subsection (c).
Sec. 60603 SNAP nutrition education flexibility
In general— Notwithstanding any other provision of law, the Secretary may issue nationwide guidance to allow funding allocated under section 28 of the Food and Nutrition Act (7 U.S.C. 2036a) to be used for individuals distributing food in a non-congregate setting under commodity distribution programs and child nutrition programs administered by the Food and Nutrition Service of the Department of Agriculture in States affected by the COVID–19 outbreak, provided that any individuals who distribute school meals under—
the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
Sunset— The authority for this section shall expire 30 days after the COVID–19 public health emergency is terminated.
Sec. 60604 Flexibilities for senior farmers’ market program
Authority to modify or waive rules— Notwithstanding any other provision of law and if requested by a State agency, the Secretary of Agriculture may modify or waive any rule issued under section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) that applies to such State agency if the Secretary determines that—
such State agency is unable to comply with such rule as a result of COVID–19, and
the requested modification or waiver is necessary to enable such State agency to provide assistance to low-income seniors under such section.
Public availability— Not later than 10 days after the date of the receipt or issuance of each document listed in paragraphs (1) and (2) of this subsection, the Secretary shall make publicly available on the website of the Department of Agriculture the following documents:
Any request submitted by State agencies under subsection (a).
The Secretary’s approval or denial of each such request.
Definition of State agency— The term State agency has the meaning given such term in section 249.2 of 18 title 7 of the Code of Federal Regulations.
Effective period— Subsection (a) shall be in effect during the period that begins on the date of the enactment of this Act and ends 30 days after the termination of the COVID–19 public health emergency.
Sec. 60605 Flexibilities for the food distribution program on Indian reservations
Waiver of non-Federal share requirement— Funds provided in division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) for the food distribution program on Indian reservations authorized by section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) shall not be subject to the payment of the non-Federal share requirement described in section 4(b)(4)(A) of such Act (7 U.S.C. 2013(b)(4)(A)).
Flexibilities for certain households—
In general— Notwithstanding any other provision of law, the Secretary of Agriculture may issue guidance to waive or adjust section 4(b)(2)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)(2)(C)) for any Tribal organization (as defined in section 3(v) of such Act (7 U.S.C. 2012(v)), or for an appropriate State agency administering the program established under section 4(b) of such Act (7 U.S.C. 2013(b)), to ensure that households on the Indian reservation who are participating in the supplemental nutrition assistance program and who are unable to access approved retail food stores due to the outbreak of COVID–19 have access to commodities distributed under section 4(b) of such Act.
Public availability— The Secretary shall make available the guidance document issued under paragraph (1) on the public website of the Department of Agriculture not later than 10 days after the date of the issuance of such guidance.
Sunset— The authority under this subsection shall expire 30 days after the termination of the COVID–19 public health emergency.
Sec. 60606 Supplemental nutrition assistance program
Value of benefits— Notwithstanding any other provision of law, beginning on June 1, 2020, and for each subsequent month through September 30, 2021, the value of benefits determined under section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)), and consolidated block grants for Puerto Rico and American Samoa determined under section 19(a) of such Act (7 U.S.C. 2028(a)), shall be calculated using 115 percent of the June 2019 value of the thrifty food plan (as defined in section 3 of such Act (7 U.S.C. 2012)) if the value of the benefits and block grants would be greater under that calculation than in the absence of this subsection.
Minimum amount—
In general— The minimum value of benefits determined under section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) for a household of not more than 2 members shall be $30.
Effectiveness— Paragraph (1) shall remain in effect until the date on which 8 percent of the value of the thrifty food plan for a household containing 1 member, rounded to the nearest whole dollar increment, is equal to or greater than $30.
Requirements for the Secretary— In carrying out this section, the Secretary shall—
consider the benefit increases described in each of subsections (a) and (b) to be a “mass change”;
require a simple process for States to notify households of the increase in benefits;
consider section 16(c)(3)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in the implementation of this section, without regard to the 120-day limit described in that section;
disregard the additional amount of benefits that a household receives as a result of this section in determining the amount of overissuances under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022); and
set the tolerance level for excluding small errors for the purposes of section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at $50 through September 30, 2021.
Provisions for impacted workers— Notwithstanding any other provision of law, the requirements under subsections (d)(1)(A)(ii) and (o) of section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) shall not be in effect during the period beginning on June 1, 2020, and ending 2 years after the date of enactment of this Act.
Administrative expenses—
In general— For the costs of State administrative expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the Secretary shall make available $150,000,000 for fiscal year 2020 and $150,000,000 for fiscal year 2021.
Timing for fiscal year 2020— Not later than 60 days after the date of the enactment of this Act, the Secretary shall make available to States amounts for fiscal year 2020 under paragraph (1).
Allocation of funds— Funds described in paragraph (1) shall be made available as grants to State agencies for each fiscal year as follows:
75 percent of the amounts available for each fiscal year shall be allocated to States based on the share of each State of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture for the most recent 12-month period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and
25 percent of the amounts available for each fiscal year shall be allocated to States based on the increase in the number of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture over the most recent 12-month period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)).
Snap rules— No funds (including fees) made available under this Act or any other Act for any fiscal year may be used to finalize, implement, administer, enforce, carry out, or otherwise give effect to—
the final rule entitled “Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents” published in the Federal Register on December 5, 2019 (84 Fed. Reg. 66782);
the proposed rule entitled “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP)” published in the Federal Register on July 24, 2019 (84 Fed. Reg. 35570); or
the proposed rule entitled “Supplemental Nutrition Assistance Program: Standardization of State Heating and Cooling Standard Utility Allowances” published in the Federal Register on October 3, 2019 (84 Fed. Reg. 52809).
Certain exclusions from SNAP income— A Federal pandemic unemployment compensation payment made to an individual under section 2104 of the CARES Act (Public Law 116–136) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for the purpose of determining eligibility for such individual or any other individual for benefits or assistance, or the amount of benefits or assistance, under any programs authorized under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
Public availability— Not later than 10 days after the date of the receipt or issuance of each document listed below, the Secretary shall make publicly available on the website of the Department of Agriculture the following documents:
Any State agency request to participate in the supplemental nutrition assistance program online program under section 7(k).
Any State agency request to waive, adjust, or modify statutory or regulatory requirements under the Food and Nutrition Act of 2008 related to the COVID–19 outbreak.
The Secretary’s approval or denial of each such request under paragraphs (1) or (2).
Funding— There are hereby appropriated to the Secretary, out of any money not otherwise appropriated, such sums as may be necessary to carry out this section.
Sec. 60607 SNAP hot food purchases
During the period beginning 10 days after the date of the enactment of this Act and ending on the termination date of the COVID–19 public health emergency, the term food, as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), shall be deemed to exclude “hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), (5), (7), (8), and (9) of this subsection,” for purposes of such Act, except that such exclusion is limited to retail food stores authorized to accept and redeem supplemental nutrition assistance program benefits as of the date of enactment of this Act.