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Division N — Agriculture Provisions

S. 4800 · 116th Congress · Oct 19, 2020 · Lineage

N Agriculture Provisions

Sec. 100 Definitions

In this division:
(1)
The term COVID–19 means the disease caused by SARS–CoV–2, or any viral strain mutating therefrom with pandemic potential.
(2)
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 (including any renewal of that declaration).
(3)
The term Secretary means the Secretary of Agriculture.

I Livestock and Poultry

Sec. 101 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.

“(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. 102 Emergency assistance for market-ready livestock and poultry losses

(a)
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 regional access to meat and poultry processing related to the COVID–19 public health emergency, as determined by the Secretary.
(b)
Payment rate for covered producers—
(1)
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).
(2)
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.
(c)
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 on March 1, 2020, and ending on the date of the enactment of this section. In no case shall a payment made under subsection (b) and compensation received from any other source exceed the average market value of market-ready livestock or poultry on the date of depopulation.
(d)
Packer-owned animals excluded— The Secretary may not make payments under this section for the actual losses of livestock owned by a packer or poultry owned by a live poultry dealer.
(e)
Definitions— In this section:
(1)
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. 182(a)).
(2)
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).
(3)
Live poultry dealer— The term live poultry dealer has the meaning given the term in section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)).
(4)
Intentional depopulation— The term intentional depopulation means—
(A)
the destruction of livestock or poultry; and
(B)
the transfer of livestock or poultry to a noncommercial interest.
(f)
Funding— Out of any amounts of the Treasury not otherwise appropriated, there is appropriated to carry out this section such sums as may be necessary, to remain available until expended.

Sec. 103 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.

Sec. 104 Grants for improvements to meat and poultry facilities to allow for interstate shipment

(a)
In general— The Secretary, acting through the Administrator of the Agricultural Marketing Service and in consultation with the Administrator of the Food Safety Inspection Service, shall make grants to meat and poultry processing facilities (including facilities operating under State inspection or facilities that are exempt from Federal inspection) in operation as of the date on which an application for such a grant is made to assist such facilities with respect to costs incurred in making improvements to such facilities and carrying out other planning activities necessary to be subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.).
(b)
Grant amount— The amount of a grant under this section shall not exceed $100,000.
(c)
Condition— As a condition on receipt of a grant under this section, a grant recipient shall agree that if the recipient is not subject to inspection or making a good faith effort to be subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) within 36 months of receiving such grant, the grant recipient shall make a payment (or payments) to the Secretary in an amount equal to the amount of the grant.
(d)
Matching funds—
(1)
In general— Except as provided in paragraph (2), the Secretary shall require a grant recipient under this section to provide matching non-Federal funds in an amount equal to the amount of a grant.
(2)
Exception— The Secretary shall not require any recipient of a grant under this section to provide matching funds with respect to a grant awarded in fiscal year 2021.
(e)
Reports—
(1)
Reports on grants made— Beginning not later than one year after the date on which the first grant is awarded under this section, and annually thereafter, the Secretary shall submit to the Committee on Agriculture and the Committee on Appropriations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate a report on grants made under this section and any facilities that were upgraded using such funds during the year covered by the report.
(2)
Report on the Cooperative Interstate Shipment Program— Beginning not later than one year after the date of the enactment of this section, the Secretary shall submit to the Committee on Agriculture and the Committee on Appropriations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate a report of any recommendations, developed in consultation with all States, for possible improvements to the cooperative interstate shipment programs under section 501 of the Federal Meat Inspection Act (21 U.S.C. 683) and section 31 of the Poultry Products Inspection Act (21 U.S.C. 472).
(f)
Funding— Of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $100,000,000 for the period of fiscal years 2021 through 2023.

Sec. 105 Payments to contract producers

(a)
In general— The Secretary shall make payments to contract growers of livestock or poultry to cover revenue losses in response to the COVID–19 pandemic.
(b)
Livestock and poultry losses not covered by the first or second coronavirus food assistance program— In the case of livestock or poultry related revenue losses for which a contract grower is ineligible to receive direct payments under the first coronavirus food assistance program or the second coronavirus food assistance program, the Secretary shall base payments required under subsection (a), per commodity, by comparing—
(1)
the revenue losses for the period beginning on January 15, 2020, and ending on December 31, 2020; and
(2)
historical revenue.
(c)
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 activities related to farming, ranching, or forestry.
(d)
Payments— The Secretary shall begin making payments under subsection (a) not later than 60 days after the date of the enactment of this section.
(e)
Funding— There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out this section $1,250,000,000, to remain available until expended.
(f)
Definitions— In this section:
(1)
CFAP definitions—
(A)
First coronavirus food assistance program— The term first coronavirus food assistance program means the first coronavirus food assistance program (CFAP1) of the Department of Agriculture under sections 9.101 and 9.102 of title 7, Code of Federal Regulations.
(B)
Second coronavirus food assistance program— The term second coronavirus food assistance program means the second coronavirus food assistance program (CFAP2) of the Department of Agriculture under sections 9.201 and 9.202 of title 7, Code of Federal Regulations.
(2)
Contract grower— The term contract grower means a grower of livestock or poultry, including poultry used for egg production, and does not include a packer, live poultry dealer, processor, integrator, or any other business entity relating to livestock or poultry production that does not raise livestock or poultry.
(3)
Live poultry dealer— The term live poultry dealer has the meaning given the term in section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)).
(4)
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).
(5)
Revenue— The term revenue means income derived only from contract livestock or poultry production.

Sec. 106 Reports and outreach related to meat and poultry processing

(a)
Study and report on processing capacity required—
(1)
Study required— The Secretary shall conduct a study on covered processing facilities, which shall assess with respect to such facilities in each State and region—
(A)
the available monthly and annual slaughter capacity of such facilities, disaggregated by type of facility and whether that capacity is sufficient to meet the national, State, and regional need, including on a local basis;
(B)
the available cold storage capacity of such facilities, disaggregated by type of facility;
(C)
the number and age of established processing facilities, disaggregated by type of facility;
(D)
the ownership demographics of covered processing facilities, including—
(i)
whether such facilities are foreign or domestically-owned; and
(ii)
the business structure of such processing facilities;
(E)
the available slaughter capacity for livestock and poultry not grown under contract, disaggregated by type of facility and species so slaughtered;
(F)
with respect to each species slaughtered at covered processing facilities, the estimated distance between livestock and poultry production and processing and the transportation costs associated with such processing;
(G)
any opportunities to support new or innovative processing partnerships that would increase resiliency and flexibility of slaughter and processing capacity; and
(H)
the barriers to increasing the availability of slaughter and processing of meat and poultry, including with respect to—
(i)
expanding existing facilities;
(ii)
creating additional facilities; and
(iii)
reactivating closed facilities.
(2)
Covered processing facility defined— In this section, the term covered processing facility means a facility that slaughters or otherwise processes meat or poultry in the United States, including the following types of facilities:
(A)
Facilities subject to Federal inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as applicable.
(B)
Facilities subject to State inspection under a meat and poultry inspection program agreement.
(C)
Custom facilities exempt from inspection under the Acts referred to in subparagraph (A).
(3)
Report to Congress— Not later than 1 year after the date of the enactment of this section, 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 that includes the results of the study conducted under paragraph (1).
(b)
Study and report on financial assistance availability—
(1)
Study required— The Secretary shall conduct a study on the availability and effectiveness of—
(A)
Federal loan programs, Federal loan guarantee programs, and grant programs for which—
(i)
facilities that slaughter or otherwise process meat and poultry in the United States, which are in operation and subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as of the date of the enactment of this section, and
(ii)
entities seeking to establish such a facility in the United States,
(B)
Federal grant programs intended to support—
(i)
business activities relating to increasing the slaughter or processing capacity in the United States; and
(ii)
feasibility or marketing studies on the practicality and viability of specific new or expanded projects to support additional slaughter or processing capacity in the United States.
(2)
Report to congress— Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with applicable Federal agencies, shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the results of the study required under paragraph (1).
(3)
Publication— Not later than 90 days after the date of the enactment of this section, the Secretary shall make publicly available on the website of the Food Safety and Inspection Service of the Department of Agriculture a list of each loan program, loan guarantee program, and grant program identified under paragraph (1).
(c)
Outreach activities—
(1)
In general— To the maximum extent practicable, the Secretary shall conduct outreach and education activities to inform the current or prospective owners and operators of facilities or other entities described in subsection (b)(1)(A), producer groups, and institutions of higher education, of the availability of each loan program, loan guarantee program, and grant program identified under paragraph (1).
(2)
Feasibility or marketing studies— In carrying out paragraph (1), the Secretary may enter into cooperative agreements with eligible entities to conduct feasibility or marketing studies to determine the practicality and viability of specific projects to support additional slaughter or processing capacity in the United States.
(3)
Maximum amount— The amount of assistance provided through a cooperative agreement under paragraph (2) with respect to a particular project may not exceed $75,000.
(4)
Reporting— The Secretary shall publish (and update as necessary) on the public website of the Department of Agriculture, an accounting of outreach activities conducted pursuant to this subsection, including a description of each such activity and the amount of Federal funds expended to conduct each such activity.
(d)
Funding— To carry out this section, there is appropriated, out of the funds of the Treasury not otherwise appropriated—
(1)
$2,000,000 to carry out subsection (a);
(2)
$2,000,000 to carry out subsection (b); and
(3)
$16,000,000 to carry out subsection (c).

II Dairy

Sec. 201 Dairy direct donation program

(a)
Definitions— In this section:
(1)
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)).
(2)
Eligible dairy products— The term eligible dairy products means products primarily made from milk.
(3)
Eligible distributor— The term eligible distributor means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families.
(4)
Eligible partnership— The term eligible partnership means a partnership between an eligible dairy organization and an eligible distributor.
(b)
Establishment and purposes— Not later than 45 days after the date of the enactment of this Act, the Secretary shall establish and administer a direct dairy donation program for the purposes of—
(1)
facilitating the timely donation of eligible dairy products; and
(2)
preventing and minimizing food waste.
(c)
Donation and distribution plans—
(1)
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.
(2)
Review and approval— No later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall—
(A)
review such plan; and
(B)
issue an approval or disapproval of such plan.
(d)
Reimbursement—
(1)
In general— On receipt of appropriate documentation under paragraph (2), the Secretary shall reimburse an eligible dairy organization at a rate equal to the raw milk cost for the product as priced in the Federal milk marketing orders multiplied by the volume of milk required to make the donated product.
(2)
Documentation—
(A)
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.
(B)
Verification— The Secretary may verify the accuracy of documentation submitted under subparagraph (A).
(3)
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.
(e)
Prohibition on resale of products—
(1)
In general— An eligible distributor that receives eligible dairy products donated under this section may not sell the products into commercial markets.
(2)
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.
(f)
Reviews— The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.
(g)
Publication of donation activity— The Secretary, acting through the Administrator of the Agricultural Marketing Service, shall publish on the publicly accessible website of the Agricultural Marketing Service periodic reports containing donation activity under this section.
(h)
Supplemental reimbursements—
(1)
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).
(2)
Reimbursement calculation— A supplemental reimbursement described in paragraph (1) shall be equal to the value of—
(A)
raw milk cost for the product as priced in the Federal milk marketing orders, less any reimbursement provided under section 1431 of the Agricultural Act of 2014, multiplied by
(B)
the volume of eligible dairy products under such approved donation plan.
(i)
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.
(j)
Authority to carry out section— The Secretary may only carry out this section during a period in which—
(1)
a public health emergency is—
(A)
declared under section 319 of the Public Health Services Act (42 U.S.C. 247d); or
(B)
renewed under such section; or
(2)
a disaster is designated by the Secretary.

Sec. 202 Supplemental dairy margin coverage payments

(a)
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 section 1406 of such Act (7 U.S.C. 9056).
(b)
Eligible dairy operation described—
(1)
In general— An eligible dairy operation described in this subsection is a dairy operation that—
(A)
is located in the United States; and
(B)
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.
(2)
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 dairy margin coverage (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)).
(c)
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—
(1)
the production volume of such dairy operation for the 2019 milk marketing year; minus
(2)
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).
(d)
Coverage percentage—
(1)
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).
(2)
5-million pound limitation—
(A)
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.
(B)
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—
(i)
the supplemental production history calculated under subsection (c) with respect to such dairy operation; and
(ii)
the dairy margin coverage production history described in subsection (c)(2) with respect to such dairy operation.
(e)
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—
(1)
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 U.S.C. 9057(b)); by
(2)
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).
(f)
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.
(g)
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.
(h)
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.
(i)
Sunset— The authority to make payments under this section shall terminate on December 31, 2023.
(j)
Funding— There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out this section such sums as necessary, to remain available until the date specified in subsection (i).

Sec. 203 Recourse loan program for commercial processors of dairy products

(a)
In general— The Secretary shall make recourse loans available to qualified applicants during the COVID–19 pandemic.
(b)
Amount of loan—
(1)
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 in accordance with subsection (c).
(2)
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.
(c)
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.
(d)
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.
(e)
Funding— Out of any amounts in the Treasury not otherwise appropriated, there is appropriated to carry out this section $500,000,000.
(f)
Definitions— In this section:
(1)
Eligible dairy products— The term eligible dairy products means all dairy products whether in base commodity or finished product form.
(2)
Qualified applicant— The term qualified applicant means any commercial processor, packager, or merchandiser of eligible dairy products that is impacted by COVID–19.

Sec. 204 Dairy margin coverage premium discount for a 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 202(e) for a dairy operation (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)) that makes a 1-time, 3-year election to enroll in dairy margin coverage under part I of subtitle D of such Act for calendar years 2021 through 2024.

III Specialty Crops and Other Commodities

Sec. 301 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 support

“(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 $500,000,000, to remain available until expended.”

Sec. 302 Support for local agricultural markets

Section 210A(i) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c(i)) is amended by adding at the end the following:

“(4) Grants for COVID–19 assistance

“(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 non-Federal matching funds.

“(C) Funding—There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out this paragraph, $350,000,000, to remain available until expended.”

Sec. 303 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, including identifying Federal, State, or local assistance available, to beginning farmers and ranchers, socially disadvantaged farmers and ranchers, and veteran farmers and ranchers in response to the COVID–19 pandemic.

“(2) Matching funds applicability—The Secretary may not require a recipient of a grant under this subsection to provide any non-Federal 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. 304 Support for farm stress programs

(a)
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—
(1)
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
(2)
any State initiatives carried out as of the date of the enactment of this Act that provide stress assistance for such individuals.
(b)
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—
(1)
make awards to States submitting State plans that meet the criteria specified in paragraph (1) of subsection (c) within the time period specified by the Secretary, in an amount not to exceed $1,500,000 for each State; and
(2)
of the amounts made available under subsection (f) and remaining after awards to States under paragraph (1), allocate among such States, an amount to be determined by the Secretary.
(c)
State plan—
(1)
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)
a description of each activity and the estimated amount of funding to support each program and activity carried out through such a program;
(B)
an estimated timeline for the operation of each such program and activity;
(C)
the total amount of funding sought; and
(D)
an assurance that the State department of agriculture will comply with the reporting requirement under subsection (e).
(2)
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).
(3)
Reallocation— If, after the first grants are awarded pursuant to allocation made under subsection (b), any funds made available under subsection (f) to carry out this subsection remain unobligated, the Secretary shall—
(A)
inform States that submit plans as described in subsection (b), of such availability; and
(B)
reallocate such funds among such States, as the Secretary determines to be appropriate and equitable.
(d)
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—
(1)
Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
(2)
State cooperative extension services; and
(3)
nongovernmental organizations.
(e)
Reporting— Not later than 180 days after the COVID–19 public health emergency ends, each State receiving additional grants under subsection (b) shall submit a report to the Secretary describing—
(1)
the activities conducted using such funds;
(2)
the amount of funds used to support each such activity; and
(3)
the estimated number of individuals served by each such activity.
(f)
Funding— Out of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $84,000,000, to remain available until expended.
(g)
State defined— In this section, the term State means—
(1)
a State;
(2)
the District of Columbia;
(3)
the Commonwealth of Puerto Rico; and
(4)
any other territory or possession of the United States.

Sec. 305 Support for processed commodities

(a)
Renewable fuel reimbursement program—
(1)
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.
(2)
Definitions— In this section:
(A)
Applicable period— The term applicable period means January 1, 2020, through May 1, 2020.
(B)
Eligible entity— The term eligible entity means any domestic entity or facility that produced any qualified fuel in the calendar year 2019.
(C)
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.
(3)
Amount of payment— The amount of the payment payable to an eligible entity shall be the sum of—
(A)
$0.45 multiplied by the number of gallons of qualified fuel produced by the eligible entity during the applicable period; and
(B)
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.
(4)
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.
(5)
Funding— There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out this subsection such sums as necessary, to remain available until expended.
(6)
Administration—
(A)
In general— The Secretary may use the facilities and authorities of the Commodity Credit Corporation to carry out this subsection.
(B)
Regulations—
(i)
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.
(ii)
Procedure— The promulgation of regulations under, and administration of, this subsection shall be made without regard to—
(I)
the notice and comment provisions of section 553 of title 5, United States Code; and
(II)
chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”).
(b)
Emergency assistance for textile mills—
(1)
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.
(2)
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—
(A)
the domestic user’s historical monthly average consumption; and
(B)
6 cents per pound so consumed.
(3)
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.
(4)
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.
(5)
Funding— There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out this subsection, such sums as necessary, to remain available until expended.

IV Commodity Credit Corporation

Sec. 401 Emergency assistance

Section 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c) is amended—
(1)
by redesignating subsection (h) as subsection (i); and
(2)
by inserting after subsection (g) 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.”

Sec. 402 Congressional notification and report

(a)
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

“(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 in advance of any obligation or expenditure authorized under this Act.

“(b) Written notice—A written notice required under subsection (a) shall specify the commodities that will be affected, the maximum financial benefit per commodity, the expected legal entities or individuals that would receive financial benefits, the intended policy goals, and the projected impacts to commodity markets.

“(c) Exception to the written notice requirement—Subsection (a) shall not apply if, prior to obligating or spending any funding described in such subsection, the Secretary obtains approval in writing from each 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.

“(d) Exclusion for preexisting authorizations—This section shall not apply to obligations and expenditures authorized under the Agriculture Improvement Act of 2018 (Public Law 115–334).”

(b)
Clarification— Section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) shall not apply to the second sentence of section 13 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714k).

V Conservation

Sec. 501 Emergency soil health and income protection pilot program

(a)
Definition of eligible land— In this section, the term eligible land means cropland that—
(1)
is selected by the owner or operator of the land for proposed enrollment in the pilot program under this section; and
(2)
as determined by the Secretary, had a cropping history or was considered to be planted during each of the 3 crop years preceding enrollment.
(b)
Establishment—
(1)
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.
(2)
Deadline for participation— Eligible land may be enrolled in the program under this section through December 31, 2021.
(c)
Contracts—
(1)
Requirements— A contract described in subsection (b) shall—
(A)
be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and
(B)
provide that, during the term of the contract—
(i)
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;
(ii)
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;
(iii)
the eligible land may be eligible for a walk-in access program of the applicable State, if any; and
(iv)
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.
(2)
Payments—
(A)
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.
(B)
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.
(C)
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.
(3)
Term—
(A)
In general— Except as provided in subparagraph (B), each contract described in subsection (b) shall be for a term of 3 years.
(B)
Early termination—
(i)
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.
(ii)
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.
(4)
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—
(A)
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
(B)
with respect to eligible land that is so harvested for seed—
(i)
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
(ii)
the annual rental rate for a payment under a contract described in subsection (b) shall be $52.50 per acre.
(d)
Acreage limitation— Not more than 5,000,000 total acres of eligible land may be enrolled under the pilot program under this section.
(e)
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.

VI Nutrition

Sec. 601 Definition of supplemental nutrition assistance program

In this title, 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. 602 Supplemental nutrition assistance program

(a)
Value of benefits— Notwithstanding any other provision of law, beginning on November 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 2020 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.
(b)
Minimum amount—
(1)
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.
(2)
Effectiveness— Paragraph (1) shall remain in effect through September 30, 2021.
(c)
Requirements for the Secretary— In carrying out this section, the Secretary shall—
(1)
consider the benefit increases described in subsections (a) and (b) to be a “mass change”;
(2)
require a simple process for States to notify households of the increase in benefits;
(3)
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;
(4)
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
(5)
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.
(d)
Administrative expenses—
(1)
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 $200,000,000 for fiscal year 2021 and $100,000,000 for fiscal year 2022.
(2)
Timing for fiscal year 2021— 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 2021 under paragraph (1).
(3)
Allocation of funds— Funds described in paragraph (1) shall be made available as grants to State agencies for each fiscal year as follows:
(A)
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
(B)
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)).
(e)
Provisions for impacted workers— Notwithstanding any other provision of law, the requirements of 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 November 1, 2020, and ending 1 year after the date of enactment of this Act.
(f)
Certain exclusions from snap income— A Federal pandemic unemployment compensation payment made to an individual under section 2104 of the Coronavirus Aid, Relief, and Economic Security 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 of 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.).
(g)
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:
(1)
Any State agency request to participate in the supplemental nutrition assistance program online program under section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)).
(2)
Any State agency request to waive, adjust, or modify statutory or regulatory requirements of the Food and Nutrition Act of 2008 related to the COVID–19 outbreak.
(3)
The Secretary’s approval or denial of each such request under paragraphs (1) or (2).
(h)
Provisions for impacted students—
(1)
In general— Notwithstanding any other provision of law, not later than 20 days after the date of the enactment of this Act, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) for an individual who—
(A)
is enrolled at least half-time in an institution of higher education; and
(B)
is eligible to participate in a State or federally financed work study program during the regular school year as determined by the institution of higher education.
(2)
Sunset—
(A)
Initial applications— The eligibility standards authorized under paragraph (1) shall be in effect for initial applications for the supplemental nutrition assistance program until 90 days after the COVID–19 public health emergency is lifted.
(B)
Recertifications— The eligibility standards authorized under paragraph (1) shall be in effect until the first recertification of a household beginning no earlier than 90 days after the COVID–19 public health emergency is lifted.
(3)
Guidance—
(A)
In general— Not later than 10 days after the date of enactment of this Act, the Secretary shall issue guidance to State agencies on the temporary student eligibility requirements established under this subsection.
(B)
Coordination with the department of education— The Secretary of Education, in consultation with the Secretary of Agriculture and institutions of higher education, shall carry out activities to inform applicants for Federal student financial aid under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) and students at institutions of higher education of the temporary student eligibility requirements established under this subsection.
(i)
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. 603 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 shall be limited to retail food stores authorized to accept and redeem supplemental nutrition assistance program benefits as of the date of enactment of this Act.

Sec. 604 SNAP nutrition education flexibility

(a)
In general— Notwithstanding any other provision of law, the Secretary may issue nationwide guidance to allow funds 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—
(1)
the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
(2)
the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
(b)
Sunset— The authority provided in this section shall expire 30 days after the COVID–19 public health emergency is terminated.

Sec. 605 Flexibilities for senior farmers’ market nutrition program

(a)
Authority to modify or waive rules— Notwithstanding any other provision of law and if requested by a State agency, the Secretary 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—
(1)
such State agency is unable to comply with such rule as a result of COVID–19; and
(2)
the requested modification or waiver is necessary to enable such State agency to provide assistance to low-income seniors under such section.
(b)
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:
(1)
Any request submitted by State agencies under subsection (a).
(2)
The Secretary’s approval or denial of each such request.
(c)
Definition of State agency— The term State agency has the meaning given such term in section 249.2 of title 7 of the Code of Federal Regulations.
(d)
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. 606 Flexibilities for the food distribution program on Indian reservations

(a)
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)).
(b)
Flexibilities for certain households—
(1)
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.
(2)
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.
(3)
Sunset— The authority under this subsection shall expire 30 days after the termination of the COVID–19 public health emergency.

VII Rural Development

Sec. 701 Assistance for Rural Utilities Service borrowers

(a)
Definitions— In this section:
(1)
Eligible loan— The term eligible loan means a loan made by the Secretary under section 4 or 201 of the Rural Electrification Act of 1936 (7 U.S.C. 904 or 922), or made by the Federal Financing Bank and guaranteed by the Secretary under section 306 of such Act (7 U.S.C. 936).
(2)
Eligible entity— The term eligible entity means a borrower to whom an eligible loan is made.
(3)
Ratepayer— The term ratepayer means an individual who receives utility services from an entity to whom the Rural Utilities Service has made a loan.
(b)
In general—
(1)
Establishment— The Secretary shall make grants on a competitive basis to eligible entities to mitigate the effects of the COVID–19 pandemic and support their continued or expanded delivery of critical services (as defined by the Secretary), including covering the cost of forgiving or refinancing ratepayer debt outstanding as of such date of enactment.
(2)
Timeline—
(A)
Notice of funding availability— Within 60 days after the date of the enactment of this Act, the Secretary shall publish a Notice of Funding Availability to solicit applications for a grant under this section.
(B)
Grant awards— The Secretary shall announce the grants awarded under this section no later than 60 days after the publication of the Notice of Funding Availability pursuant to subparagraph (A).
(3)
Maximum grant amount— The amount of the grant awarded to an eligible entity under this section shall not exceed $1,000,000.
(c)
Application— To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application containing such information as the Secretary may require.
(d)
Selection criteria— In awarding grants under this section, the Secretary shall consider—
(1)
the degree to which applicants who are eligible entities are experiencing economic hardship due to reduced or delayed payments from ratepayers;
(2)
whether applicants who are eligible entities are using eligible loans to provide services primarily to socially disadvantaged groups, as defined in section 355(e) of the Consolidated Farm and Rural Development Act; and
(3)
the degree to which applicants who are eligible entities are using eligible loans in providing services in persistent poverty counties, as defined by the Secretary.
(e)
Report to the Congress— Not later than 1 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 detailing, for each eligible entity awarded a grant under this section, the name of the eligible entity and the geographic areas benefitting from the grant.
(f)
Authorization of appropriations— To carry out this section, there is authorized to be appropriated not more than $2,600,000,000 for fiscal year 2021, to remain available through fiscal year 2022.