[House Report 117-129]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-129
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AGRICULTURAL FAIRS RESCUE ACT
_______
September 27, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. David Scott of Georgia, from the Committee on Agriculture,
submitted the following
R E P O R T
[To accompany H.R. 2424]
The Committee on Agriculture, to whom was referred the bill
(H.R. 2424) to direct the Secretary of Agriculture to establish
a program under which the Secretary awards grants to States or
State departments of agriculture for the purposes of providing
support to agricultural fairs for losses sustained due to
COVID-19, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This act may be cited as the ``Agricultural Fairs Rescue Act''.
SEC. 2. AGRICULTURAL FAIR RESCUE GRANTS.
(a) In General.--Not later than 180 days after the date on which
funds are made available to carry out this section, the Secretary of
Agriculture, acting through the Administrator of the Agricultural
Marketing Service, shall award a grant to each State department of
agriculture (or other appropriate State agency assigned with the
promotion of agricultural fairs) for the purposes of providing support
to eligible agricultural fairs for losses sustained by such fairs due
to COVID-19.
(b) Amount of Grant.--The amount of a grant to a State or State
department of agriculture under this section shall be based on the
difference between the average attendance at agricultural fairs in the
State for a calendar year occurring during the 3-calendar-year period
beginning with calendar year 2017 (or over a shorter period, if
attendance data is not available for the entire 3-calendar-year period)
compared to calendar year 2020.
(c) Conditions.--As a condition on the receipt of a grant under this
section, a State or State department of agriculture shall agree--
(1) to prioritize supporting eligible agricultural fairs in
the State facing the greatest financial hardship; and
(2) to use not more than 5 percent of grant funds for
administrative costs incurred in providing support to eligible
agricultural fairs.
(d) Use of Funds.--A State or State department of agriculture
selected to receive a grant under this section may only use grant funds
to assist eligible agricultural fairs that--
(1) host annual events that are drivers and promoters of
agribusiness in the State (as determined by the State);
(2) have experienced a closure, stoppage, or cancellation of
a local, county or State fair operations as a direct or
indirect result of--
(A) the COVID-19 national emergency; or
(B) any associated actions taken by any governmental
authority at the Federal, State, county, or municipal
level in response to that national emergency;
(3) agree to, and demonstrate the intent to, re-establish a
fair within 18 months of the termination of the declaration
specified in subsection (f)(2);
(4) agree to use all grant funds within the 18-month period
that begins on the date on which such funds are received; and
(5) agree to use funds received pursuant to this section for
operating capital expenses, to reimburse operating expenses
paid from reserves not originally intended for operating
expenses, repay indebtedness incurred to pay operating
expenses, or repay other third parties that contributed to
funding operating expenses, but not for capital improvements.
(e) Funding.--
(1) In general.--There is authorized to be appropriated to
make grants under this section $500,000,000 for fiscal year
2022, each succeeding fiscal year occurring during the COVID-19
national emergency, and the first fiscal year immediately
following the termination of such national emergency.
(2) Administrative expenses.--Of the funds made available
under paragraph (1) to carry out this section for a fiscal
year, not more than 8 percent may be used for expenses related
to administering the program under this section.
(f) Definitions.--In this section:
(1) Eligible agricultural fair.--The term ``eligible
agricultural fair'' means a local, county, or State fair that--
(A) is a subunit of a government entity, a public
corporation organized and existing pursuant to State
law, or is owned and operated as a not-for-profit
organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code; and
(B) helps farmers, ranchers, or foresters--
(i) promote their products; or
(ii) expand agricultural markets through
conservation programs, agricultural research,
educational programs, or other events that
encourage agriculture, horticulture, and the
domestic arts.
(2) COVID-19 national emergency.--The term ``COVID-19
national emergency'' means the national emergency declared by
the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) on March 13, 2020, with respect to COVID-19.
(3) State.--The term ``State'' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(4) State department of agriculture.--The term ``State
department of agriculture'' means the agency, commission, or
department of a State government responsible for agriculture in
the State.
BRIEF EXPLANATION
This legislation, as reported out of Committee, authorizes
the Agricultural Marketing Service of the Department of
Agriculture to establish a program to award grants to State
departments of agriculture to provide support to agricultural
fairs for losses sustained by such fairs due to COVID-19.
PURPOSE AND NEED FOR LEGISLATION
Agricultural fairs promote and market U.S. agribusiness
products and services; develop and administer programs to
assist agribusinesses in expanding; and contribute to the
development of agribusiness by conducting educational programs,
demonstrations, contests, and exhibits. They also encourage and
develop the next generation of America's food producers by
cultivating a passion for agriculture in students and
supporting beginning farmers and ranchers.
Like many other industries in the United States, fairs
suffered tremendous losses as a result of the COVID-19 national
emergency. Fair disruptions and cancellations impacted not only
a primary source for the promotion of U.S. agribusiness, but
also thousands of associated jobs and the economic impact fairs
bring to their communities. Prior to the national emergency,
around 2,000 fairs were held each year in North America, with
U.S. fairs estimated to generate $4.67 billion each year.
However, an overwhelming majority of fairs were not held in
2020.
H.R. 2424 helps preserve agricultural fairs across the
country and offset the devastating financial losses they have
experienced due to COVID-19.
H.R. 2424, THE AGRICULTURAL FAIRS RESCUE ACT
SECTION-BY-SECTION
Section 1. Short title
Section 1 provides the short title of the bill as the
``Agricultural Fairs Rescue Act.''
Section 2. Agricultural fair rescue grants
Subsection (a) requires that the Secretary of Agriculture,
acting through the Agricultural Marketing Service, award grants
to each State department of agriculture or other appropriate
State agency assigned to promote agricultural fairs to support
eligible agricultural fairs for their losses due to COVID-19.
This is to occur not later than 180 days after funds are made
available to carry out this section.
Subsection (b) requires that the amount of the grant
provided to the State department of agriculture or other
appropriate State agency would be based on the difference
between the average attendance at agricultural fairs in the
State in calendar years 2017 through 2019, compared to
attendance in calendar year 2020.
Subsection (c) provides that a State department of
agriculture or other appropriate State agency shall agree to
prioritize supporting eligible agricultural fairs in the State
facing the greatest financial hardship and use not more than 5
percent of the grant funds for administrative costs incurred in
providing support to eligible agricultural fairs.
Subsection (d) allows the State department of agriculture
or other appropriate State agency to use grant funds to assist
eligible agricultural fairs that: (1) host annual events that
promote agribusiness in the State; that have experienced a
closure, stoppage, or cancellation of a local, county, or State
fair operation as a result of the COVID-19 national emergency;
(2) agree to re-establish a fair within 18 months of the
termination of the COVID-19 national emergency; (3) agree to
use all grant funds within 18 months after the receipt of the
funds; and (4) agree to use grant funds on operating capital
expenses, including reimbursing and repaying debt related to
operating expenses.
Subsection (e) authorizes $500 million for Fiscal Year 2022
and in each succeeding year where there is a national emergency
declared by the President with respect to COVID-19, through the
first fiscal year immediately following the termination of the
national emergency. The Secretary may use up to 8 percent of
such funds for administrative expenses related to administering
the grant program.
Subsection (f) defines ``eligible agricultural fair'' to
mean a local, county, or State fair that is a subunit of a
government entity, a public corporation under State law, or a
nonprofit that helps farmers, ranchers, or foresters promote
their products or expand agricultural markets through
conservation programs, agricultural research, educational
programs, or other events that encourage agriculture,
horticulture, and the domestic arts. The subsection also
defines ``COVID-19 national emergency'' to mean the national
emergency declared by the President under the National
Emergencies Act on March 13, 2020, with respect to COVID-19.
``State'' is defined to mean the several States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands. ``State department of
agriculture'' is defined to mean the agency, commission, or
department of a State government responsible for agriculture in
the State.
COMMITTEE CONSIDERATION
On September 21, 2021, the Committee on Agriculture met
pursuant to notice, with a quorum present, to consider H.R.
2424, the Agricultural Fairs Rescue Act. Chairman Scott made an
opening statement as did Ranking Member Thompson. Chairman
Scott requested other Members submit their opening statements
for the record. Without objection, the Agricultural Fairs
Rescue Act was placed before the Committee for consideration, a
first reading of the bill was waived, and it was opened for
amendment at any point.
Chairman Scott recognized Mr. Panetta to offer an amendment
to make technical timing changes that would push back the date
for the Secretary to award grants and authorize funds beginning
in Fiscal Year 2022. After discussion, the amendment passed by
a voice vote. Chairman Scott recognized Mr. Lawson to offer an
amendment to include 2021 as an option for comparison when
determining the amount of grants. After discussion, the
amendment was withdrawn. There being no further amendments, Mr.
Panetta moved that H.R. 2424, as amended, be reported favorably
to the House, with the recommendation that the bill be agreed
to and the bill pass. The motion was subsequently approved by
voice vote.
At the conclusion of the meeting, Chairman Scott advised
Members that pursuant to the Rules of the House of
Representatives, Members had until September 24, 2021 to file
any supplemental, additional, dissenting, or minority views
with the Committee. Without objection, staff was given
permission to make any necessary technical, clarifying, or
conforming changes to reflect the intent of the Committee.
Chairman Scott thanked all the Members and adjourned the
meeting.
COMMITTEE VOTES
In compliance with clause 3(b) of rule XIII of the House of
Representatives, H.R. 2424 was reported by voice vote with a
majority quorum present. There was no request for a recorded
vote.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimates prepared by the Direction of the Congressional
Office pursuant to sections 402 and 423 of the Congressional
Budget Act of 1974.
COST OF LEGISLATION AND THE CONGRESSIONAL BUDGET ACT
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee adopts
as its own cost estimate the forthcoming cost estimate of the
Director of the Congressional Budget Office, should such cost
estimate be made available before House passage of the bill.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. Congressional Budget Office staff
has informed the Committee on a preliminary, informal,
nonbinding basis that there does not appear to be any revenue
effects or direct spending associated with the bill.
CONSTITUTIONAL AUTHORITY STATEMENT
The Committee finds the Constitutional authority for this
legislation in Article I, section 8, clause 18, that grants
Congress the power to make all laws necessary and proper for
carrying out the powers vested by Congress in the consideration
of the United States or in any department or officer thereof.
PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the House of
Representatives, the performance goals and objectives of this
measure are to support agricultural fairs that have experienced
a closure, stoppage, or cancellation of operations due to the
COVID-19 national emergency.
ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
EARMARK STATEMENT
This measure does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(e), 9(f), or 9(g) of rule XXI of the House of
Representatives.
DUPLICATION OF FEDERAL PROGRAMS
This measure does not establish or reauthorize a program of
the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program in the most recent Catalog of Federal Domestic
Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee does not believe that the legislation directs
an Executive Branch official to conduct any specific rule
making proceedings within the meaning of 5 U.S.C. 551.
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