[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4353 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4353

 To provide emergency assistance for independent poultry growers, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2020

   Ms. Smith introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To provide emergency assistance for independent poultry growers, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EMERGENCY ASSISTANCE FOR INDEPENDENT POULTRY GROWERS.

    (a) Definitions.--In this section:
            (1) Covered period.--The term ``covered period'' means the 
        period beginning on March 1, 2020, and ending on the date on 
        which the public health emergency declared by the Secretary of 
        Health and Human Services under section 319 of the Public 
        Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 
        respect to COVID-19, is lifted.
            (2) Independent poultry grower.--The term ``independent 
        poultry grower'' means a poultry grower (as defined in section 
        2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182)) 
        that assumes the production and market risks associated with 
        the agricultural production of 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).
            (4) Poultry.--The term ``poultry'' has the meaning given 
        the term in section 2(a) of the Packers and Stockyards Act, 
        1921 (7 U.S.C. 182).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Calculation of Loss.--
            (1) In general.--The Secretary shall provide assistance 
        under this section to an independent poultry grower that has 
        experienced a loss of not less than 5 percent in compensation 
        for the production of poultry due to a reduction in the number 
        of head of poultry purchased by a live poultry dealer from the 
        independent poultry grower, including expenses incurred from 
        the cancellation or amendment of a poultry order or a live 
        turkey marketing agreement, during the covered period, as 
        compared to the historical average compensation for the 
        production of poultry received by the independent poultry 
        grower for--
                    (A) the previous 3 years; or
                    (B) such shorter period, as determined by the 
                Secretary, in the case of an independent poultry grower 
                that has been engaged in the production of poultry for 
                less than 3 years.
            (2) Adjustments.--In determining the amount of a loss under 
        paragraph (1), the Secretary may--
                    (A) deduct any variable costs avoided by an 
                independent poultry grower as a result of a reduction 
                in the production of poultry; and
                    (B) adjust the historical average compensation 
                described in that paragraph to account for instances of 
                disease or other force majeure events.
            (3) Documentation.--The Secretary may require an 
        independent poultry grower to submit to the Secretary such 
        documentation as is necessary to demonstrate, for the purpose 
        of providing assistance under this section, ownership of 
        poultry, historical production levels, and evidence of the 
        cancellation or amendment of a poultry order or a live turkey 
        marketing agreement.
            (4) Assistance.--The Secretary shall use existing Federal 
        Government formulas, such as disease-loss values, to determine 
        an appropriate basis for assistance under this section.
    (c) Payment Rate.--The total amount of payments received by an 
independent poultry grower under this section shall be not less than 85 
percent, and may not exceed 100 percent, of the losses of that 
independent poultry grower described in subsection (b)(1).
    (d) Regulations.--Not later than 45 days after the date of 
enactment of this Act, the Secretary shall issue regulations to carry 
out this section.
    (e) Funding.--There are appropriated, out of any amounts in the 
Treasury not otherwise appropriated, such sums as are necessary to 
carry out this section.
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