HR2156-119

1. Short title This Act may be cited as the Fair Access to Agriculture Disaster Programs Act.

2. Exception for income derived from agriculture Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended— in paragraph (1), by striking paragraph (3) and inserting paragraphs (3) and (4); and by adding at the end the following: In the case of an excepted payment or benefit, the limitation established by paragraph (1) shall not apply to a person or legal entity during a crop, fiscal, or program year, as appropriate, if greater than or equal to 75 percent of the average adjusted gross income of the person or legal entity is derived from farming, ranching, or silviculture activities (including agri-tourism, direct-to-consumer marketing of agricultural products, the sale of agricultural equipment owned by such person or entity, and other agricultural related activities, as determined by the Secretary). For purposes of this paragraph, the term excepted payment or benefit means— a payment or benefit under subtitle E of title I of the Agricultural Act of 2014 (7 U.S.C. 9081 et seq.); and a payment or benefit under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (4)Exception (A)In generalIn the case of an excepted payment or benefit, the limitation established by paragraph (1) shall not apply to a person or legal entity during a crop, fiscal, or program year, as appropriate, if greater than or equal to 75 percent of the average adjusted gross income of the person or legal entity is derived from farming, ranching, or silviculture activities (including agri-tourism, direct-to-consumer marketing of agricultural products, the sale of agricultural equipment owned by such person or entity, and other agricultural related activities, as determined by the Secretary). (B)Excepted payment or benefit For purposes of this paragraph, the term excepted payment or benefit means— (i)a payment or benefit under subtitle E of title I of the Agricultural Act of 2014 (7 U.S.C. 9081 et seq.); and (ii)a payment or benefit under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333)..