Sec. 5. Processing resilience grant program

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Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq.) is amended by adding at the end the following: In this section: The term eligible entity means— a smaller establishment or very small establishment (as those terms are defined in the final rule entitled ‘Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems’ (61 Fed. Reg. 33806 (July 25, 1996))); a slaughtering or processing establishment subject to— a State meat inspection program pursuant to section 301 of the Federal Meat Inspection Act ( 21 U.S.C. 661 ); or a State poultry product inspection program pursuant to section 5 of the Poultry Products Inspection Act ( 21 U.S.C. 454 ); a person engaging in custom operations that is exempt from inspection under— section 23 of the Federal Meat Inspection Act ( 21 U.S.C. 623 ); or section 15 of the Poultry Products Inspection Act ( 21 U.S.C. 464 ); and a person seeking— to establish and operate an establishment described in subparagraph

(A)or (B); or to engage in custom operations described in subparagraph (C). The term minority-owned business means a for-profit business not less than 51 percent of which is owned by 1 or more Black American, Native American, Hispanic American, or Asian American individuals. The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service. Not later than 60 days after the date of enactment of this section, the Secretary shall award competitive grants to eligible entities for activities to adapt production, processing, distribution, and sales systems to respond to and recover from the effects of the Coronavirus Disease 2019 (referred to in this section as COVID–19 ) pandemic, including activities that— support the health and safety of meat and poultry plant employees, suppliers, and customers; support increased processing capacity; and otherwise support the resilience of the small meat and poultry processing sector. The maximum amount of a grant awarded under this section shall not exceed $500,000. The term of a grant awarded under this section shall not exceed 3 years. An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall establish a separate, simplified application process for eligible entities applying for a grant under this section of not more than $100,000. The Secretary shall ensure that any application for a grant under this section is— simple and practicable; accessible online; and available through local staff of the Department of Agriculture. Not later than 14 days before the date on which the Secretary begins to accept applications under paragraph (1), the Secretary shall publish a notice of funding opportunity with respect to the grants available under this section. If an application of an eligible entity under this subsection is denied by the Secretary, the eligible entity may submit a revised application. In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will— increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; support an eligible entity described in subsection (a)(1)(A); or support an eligible entity that is a minority-owned business. An eligible entity that receives a grant under this section shall use the grant funds to carry out activities in support of the purposes described in subsection (b)(1), including through— the development and issuance of a Hazard Analysis and Critical Control Points plan for the eligible entity, which may be developed by a consultant; the purchase or establishment, as applicable, of facilities, equipment, processes, and operations necessary for the eligible entity to comply with applicable requirements 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.); the purchase of cold storage, equipment, or transportation services or equipment needed to respond to COVID–19 demand; the purchase of test kits for COVID–19, temperature screening supplies, disinfectant, sanitation systems, hand washing stations, and other sanitizing supplies; the purchase and decontamination of personal protective equipment; the construction or purchase of humane handling infrastructure, including holding space for livestock prior to slaughter, shade structures, and knock box structures; the purchase of software and computer equipment for record keeping, production data, Hazard Analysis and Critical Control Points record review, and facilitation of marketing and sales of products in a manner consistent with the social distancing guidelines of the Centers for Disease Control and Prevention; and the provision of guidelines and training relating to that software and computer equipment; the provision of staff time and training for implementing and monitoring health and safety procedures; the development of a feasibility study or business plan for, or the carrying out of any other activity associated with, establishing or expanding a small meat or poultry processing facility; and other activities associated with expanding or establishing an eligible entity described in subsection (a)(1)(A), as determined by the Secretary. During the period beginning on the date on which the Secretary publishes the notice under subsection (c)(4) and ending on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. Subject to paragraph (2), the Federal share of the activities carried out using a grant awarded under this section shall not exceed— 90 percent in the case of a grant in the amount of $100,000 or less; or 75 percent in the case of a grant in an amount greater than $100,000. An eligible entity awarded a grant under this section during fiscal year 2021 shall not be required to provide non-Federal matching funds with respect to the grant. The promulgation of regulations under, and administration of, this section 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 ). Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out this section $10,000,000 for each of fiscal years 2021 through 2030. In addition to amounts made available under paragraph (1), there is authorized to be appropriated to the Secretary of Agriculture to carry out this section $15,000,000 for each of fiscal years 2021 through 2030. .

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