COVID-19: Industry Resources

Letters to Elected Officials

Guidance on the Essential Critical Infrastructure Workforce

• Version 4.0 - CISA's Guidance on Essential Critical Infrastructure Workers

• Sample Employer Letter Template for Agriculture Critical Infrastructure Employee Certification

The Cybersecurity and Infrastructure Security Agency (CISA) has developed guidance regarding the continued health, safety, and protection of Essential Critical Infrastructure Workers who may have been exposed to COVID-19.

• Interim Guidance for Implementing Safety Practices
• Do's and Don'ts for Workers Who Have Been Exposed
• COVID-19 Disinformation Toolkit

Letters to Elected Officials

USDA Service Centers

• Farmers and ranchers can now start making in-person appointments at several USDA Service Centers across the country as part of USDA’s phased reopening process. Other USDA Service Centers remain open for business by phone appointment only. USDA is using data to make county-level decisions regarding phased re-opening of USDA Service Centers for visitors.

• Visit farmers.gov/coronavirus/service-center-status to check the status of your local USDA Service Center. USDA will continue using Microsoft Teams to enable producers to meet with USDA Service Center staff virtually. Download step-by-step instructions for getting started via desktop, laptop, or mobile device.

  
  

Farm Service Agency

On January 27, 2021, USDA announced the temporary suspension of past-due debt collections and foreclosures for distressed borrowers under the Farm Storage Facility Loan and the Direct Farm Loan programs administered by the Farm Service Agency (FSA).

USDA’s Farm Service Agency is providing additional flexibilities to provide producers with credit options in response to the coronavirus pandemic. Those include:

• Where not legally prohibited, FSA will accept FAXed or scanned signatures from customers and lenders.
• FSA will follow the most current state or local guidance for use of online or virtual notary services.

FSA is currently relaxing the loan-making process and adding flexibilities for servicing direct and guaranteed loans to provide credit to producers in need.

Suspending Debt Collection and Foreclosures
USDA has temporarily suspended non-judicial foreclosures, debt offsets or wage garnishments, and referring foreclosures to the Department of Justice. USDA is working with the U.S. Attorney’s Office to stop judicial foreclosures and evictions on accounts that were previously referred to the Department of Justice.

Additionally, USDA extended deadlines for producers to respond to loan servicing actions, including loan deferral consideration for financially distressed and delinquent borrowers. In addition, for the Guaranteed Loan program, flexibilities have been made available to lenders to assist in servicing their customers.

The temporary suspension is in place until further notice and is expected to continue while the national COVID-19 disaster declaration is in place.

Contact the FSA office at your local USDA Service Center.

Relaxing the Loan Making Process
FSA is relaxing the loan making process and adding flexibilities for servicing direct and guaranteed loans to provide credit to producers in need. This includes:

• For direct loan applicants, FSA provides two notifications of an incomplete application. These notices give the applicant 20 calendar days and 10 calendar days, respectively, to provide the additional information needed before the application is withdrawn.  FSA loan officials will maintain close communication with applicants who are experiencing difficulties completing application requirements due to complications from COVID-19 and may grant the applicant an extension.
• Where lien searches cannot be properly completed due to local and state government office closures, applicants may be considered eligible and processing of the loan may continue without a county records search, assuming all other eligibility and loan making criteria can be satisfied.
• Preparing loan closing documents even if FSA is unable to complete lien and record searches because of closed government buildings. Once those searches are complete, FSA would close the loan.
• Closing loans if the required lien position on the primary security is perfected, even for loans that require additional security and those filings and recordings cannot be obtained because of closed government buildings.
• Extending the repayment period of annual operating loans beyond 18 months to help borrowers survive through unique periods of financial difficulty.
• Use of video conferencing to facilitate loan closings, where notary services are not required.
• For guaranteed loans, FSA may grant an extension to guaranteed lenders that are unable to provide a complete application within the normal timeframe because of reasons outside of their control caused by COVID-19.  Because each applicant and lender’s circumstances are unique, extensions will be granted on a case-by-case basis.
• If lenders need to extend credit to a customer that would normally require an FSA guarantee, but the lender is unable to apply for a guarantee due to the various pandemic restrictions in place, FSA will be as flexible as possible when evaluating the test for credit if the lender requests a guarantee on that loan at a later time. The lender would need to clearly document why they were unable to apply for the guarantee with the initial loan due to the coronavirus pandemic situation in their local area.

Given the current uncertainty and extreme volatility of commodity prices, it is difficult to project planning prices for many commodities with a high degree of certainty.  Therefore, FSA will continue the use of commodity planning prices already approved for the current year.  However, customers must be advised of the potential budget, cash flow, and loan impacts if projected prices are unable to be realized.

Servicing Direct Loans
FSA is extending deadlines for producers to respond to application packages for Primary Loan Servicing and Distressed Loan Servicing. Financially distressed and delinquent direct loan borrowers who have been notified of the available loan servicing options will be provided an additional time to:

• submit a complete application for loan servicing,
• accept an offer of loan servicing,
• provide a response to a denial of loan servicing, or
• request homestead protection.

FSA will temporarily suspend loan accelerations, non-judicial foreclosures, and referring foreclosures to the Department of Justice. The U.S. Attorney’s Office will make the determination whether to stop foreclosures and evictions on accounts under its jurisdiction.

Servicing Guaranteed Loans
In addition to the existing guaranteed loan servicing options already available within the FSA guaranteed loan program, FSA is offering lenders additional flexibility. This includes:

• Standard Eligible Lenders (SEL) may certify that they have met all FSA requirements for annual line of credit advances and will not need FSA prior written approval.
• SEL and Certified Lender Program (CLP) lenders may certify that they have met all FSA requirements for emergency advances and will not need FSA prior written approval.
• SEL and CLP lenders may certify that they have a feasible plan for additional loans made outside of the guarantee and will not need FSA prior written approval. Loans made under the Small Business Administration’s new Paycheck Protection Program can be made at the lender’s discretion without FSA approval.

Lenders are also encouraged to submit status and default status reports online through the Lender LINC System. Lenders should contact the FSA office at their local USDA Service Center for questions related to a specific account, or any short-term payment deferral and forbearance consideration.

Disaster Set-Aside
FSA made the Disaster Set-Aside provision available to direct loan borrowers who have been impacted by the pandemic. This enables an upcoming annual installment to be set aside for the year and added to the final installment. For annual operating loans, the loan maturity date may be extended up to twelve months in order to set aside the installment.

This provision is normally used in the wake of natural disasters, and a second Disaster Set-Aside may be available for direct loan borrowers who already have a DSA in place on a loan due to another designated natural disaster.

Risk Management Agency (RMA)

• Electronic Notifications Allowed for Required Reports
  • Producers may send notifications and reports electronically for written agreement issues, acreage and production reporting and upcoming sales closing dates (deadlines to buy crop insurance). Notice of the policyholder’s election may be provided over the phone with appropriate documentation of the call or using electronic methods followed by their confirmation of such election in writing (a signed, or e-signed, form) no later than July 15, 2020. 
• Production Reporting Date Extended
  • For the 2020 crop year, AIPs may accept production reports through the earlier of the acreage reporting date (ARD) or 30 days after the production reporting date (PRD) for crops insured under the Common Crop Insurance Policy Basic Provisions with a PRD of March 15, 2020, or later. Generally, the PRD for crops insured under the Common Crop Insurance Policy Basic Provisions is the earlier of the ARD or 45 days after the cancellation date.
• Additional Time Given and Interest Deferred on Premium Payments, Written Payment Agreements
  • AIPs are authorized to provide additional time for policyholders to make payment of premium and administrative fees. Interest accrual on premium payments and administrative fees will be waived to the earliest of an additional 60 days from the scheduled payment due date or the termination date on policies with premium billing dates between August 1, 2020, and September 30, 2020. AIPs are also authorized to provide additional time for policyholders to make payment for Written Payment Agreements due between August 1, 2020, and September 30, 2020.

Commodities Futures Trading Commission (CFTC)

Guidance for Businesses and Employers to Plan and Respond to COVID-19

• CDC Resources for Businesses and Employers

Occupational Safety and Health Administration

The Occupational Safety and Health Administration (OSHA) has developed a website to detail the change and relaxation of OSHA standards in regard to COVID-19. OSHA has also created guidance for preparing a workplace for the possible outbreak of COVID-19.  This document details how to reduce the impact of the virus on your workplace based on traditional infection prevention and industrial hygiene practices.

• OSHA COVID Website
• OSHA Guidance for Preparing Workplaces for COVID-19
• OSHA Frequently Asked Questions and Answers About Face Coverings, Surgical Masks and Respirators in the Workplace
• Testing Strategy for Coronavirus (COVID-19) in High-Density Critical Infrastructure Workplaces after a COVID-19 Case Is Identified
  

Environmental Protection Agency (EPA) 

The U.S. Environmental Protection Agency (EPA) is increasing the availability of surface disinfectants for use against COVID-19. List N: Disinfectants for use against SARS-CoV-2 (List N) now contains over 360 products and has enhanced functionality to allow users to sort these products by surface type and use site. EPA is also continuing to expedite the review process for new disinfectants.

EPA has also released guidance regarding the annual pesticide safety training requirements outlined in the Agricultural Worker Protection Standard (WPS) that offers flexibility during the COVID-19 public health emergency. In response, the guidance aims to inform agricultural employers and handler employers of flexibilities available under the WPS to allow continued protection for employees and agricultural production: 

• EPA encourages in-person training if workplace protections to maintain a healthy work environment are able to be implemented. For example, an employer may be able to provide pesticide safety training outside, in smaller than usual groups with well-spaced participants.
• Alternatively, WPS training can be presented remotely, provided all WPS training requirements are met.
• The employer is ultimately responsible for ensuring the training meets all requirements outlined in the WPS. For example, the training must still be presented in a manner the trainees can understand, in an environment reasonably free from distractions, and cover the full training content using EPA-approved training materials.
• Once the training ends, the employer must document successful completion under a qualified trainer.

To read the guidance in full and to learn more about EPA’s Worker Protection Standard, visit EPA's webpage.

Internal Revenue Service (IRS)

• The IRS has officially announced that tax day will be delayed from April 15 to July 15.
• The IRS has established a special section focused on steps to help taxpayers, businesses and others affected by the coronavirus. More information here.

Economic Impact Payments

The Treasury Department and the Internal Revenue Service announced that distribution of economic impact payments will begin soon and will be distributed automatically, with no action required for most people. However, some seniors and others who typically do not file tax returns will need to submit a simple tax return to receive the stimulus payment. More information here.

Small Business Administration Loans

• Coronavirus (COVID-19): Small Business Guidance & Loan Resources

Paycheck Protection Program

The CARES Act appropriated $349 billion for the Paycheck Protection Program. The PPP is a guaranteed loan program administered by the Small Business Administration. The purpose of the program is to support small businesses and help support their payroll during the coronavirus situation.

Agricultural producers, farmers, and ranchers with 500 or fewer employees whose principal place of residence is in the United States are eligible for PPP. Farms are eligible if:

• the farm has 500 or less employees, OR
• it fits within the revenue-based sized standard, which is on average annual receipts of $1 million.

Additionally, a farm can qualify for PPP if it meets SBA’s “alternative size standard.” The “alternative size standard” is currently:

• a maximum net worth of the business not more than $15 million, AND
• the average net income Federal income taxes of the business for the two full fiscal years before the date of the application be not more than $5 million.

As long as other eligibility requirements are met, small agricultural cooperatives may receive PPP loans. Other forms of cooperatives may be eligible provided they comply with all other Loan Program Requirements.

Learn more about PPP and your potential eligibility by visiting usda.gov/coronavirus and sba.gov/funding-programs/loans/coronavirus-relief-options.

• Paycheck Protection Program Fact Sheet
• Paycheck Protection Program Frequently Asked Questions

Economic Injury Disaster Loans

The SBA has begun to accept new Economic Injury Disaster Loan (EIDL) and EIDL Advance applications on a limited basis only to provide relief to U.S. agricultural businesses. The new eligibility is made possible as a result of the latest round of funds appropriated by Congress in response to the COVID-19 pandemic. 

• Agricultural businesses includes those businesses engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries (as defined by section 18(b) of the Small Business Act (15 U.S.C. 647(b)).
• SBA is encouraging all eligible agricultural businesses with 500 or fewer employees wishing to apply to begin preparing their business financial information needed for their application.
• Applicants who have already submitted their applications will continue to be processed on a first-come, first-served basis. For agricultural businesses that submitted an EIDL application through the streamlined application portal prior to the legislative change, SBA will process these applications without the need for re-applying.

Trucking

• The Federal Motor Carrier Safety Administration (FMCSA) announced a modification on June 8 to the Emergency Declaration previously issued that goes into effect on June 15 and extends until July 14. The Emergency Declaration has been in effect since March 18 and grants relief to motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 public health emergency. In its notice, FMCSA stated that it has concluded that there is no longer a need for emergency relief with respect to the other categories of supplies, equipment, and persons covered by the May 13 extension and expansion of Emergency Declaration No. 2020-002.  This means the regulatory relief will no longer be available for food, paper products and other groceries for emergency restocking of distribution centers or stores, as well as other areas as of June 15. To see the full notice, click here. Beginning June 15, the regulatory relief will be limited to motor carriers and truck drivers transporting the following freight:
• Livestock and livestock feed; 
• Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;
• Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants. 
• FMCSA is releasing guidance about the impact of the COVID-19 national emergency on drug and alcohol testing requirements for employers, employees, and service agents. Click here for more information.
• FMCSA published a set of Frequently Asked Questions (FAQs) specifically regarding actions State Driver Licensing Agencies (SDLA) or commercial driver’s license holders may take during the public health crisis that are permissible under the Federal Motor Carrier Safety Regulations (FMCSRs). See the FAQ sheet here.
• The American Trucking Association (ATA) has compiled a resource of state-specific information related to trucking and emergency declarations: ATA State Resource.

Transportation-Related Letters

Shipping/Ports

• The United States Coast Guard is issuing Marine Safety Information Bulletins related to COVID-19. More information here.
• The Maritime Administration is directing mariners and maritime commerce stakeholders to the U.S. Coast Guard guidance, which will be regularly updated, and to State Department and CDC guidance on travel.
• The Federal Maritime Commission remains operational and advises regulated entities to comply with all filing requirements and deadlines. Because employees are working electronically, send documents to FMC via email addresses for the particular office. Payments for services should be made via the online payment portal. For parties or counsel in a docketed proceeding, send filings or questions about formal complaints by email to secretary@fmc.gov.

Foreign Agricultural Service (FAS)

• The Foreign Agricultural Service continues monitoring and reporting on U.S. agricultural exports, global agricultural trade, and trade policy priorities such as implementation of the U.S.-China Phase One Economic and Trade Agreement.
• COVID-19 related updates from FAS can be found here.

Export Credit Guarantee Program

•  USDA will provide coverage for exports under sight letters of credit (LC) without refinancing under the Commodity Credit Corporation’s (CCC) Export Credit Guarantee Program (GSM-102). With a sight LC without refinancing, payment occurs immediately or “at sight” once the commodity is exported and the U.S. and foreign financial institutions review and approve all applicable documents. Such guarantees will be available for applications submitted in accordance with 7 C.F.R. 1493.70; exporters may request sight LC coverage when applying for a payment guarantee by selecting this option as the term length of credit being extended in accordance with 7 C.F.R. 1493.70(a)(17). CCC’s obligations will be the same as stated in 7 C.F.R. 1493.180. Guarantee fees for a sight letter of credit are available on the FAS website at https://www.fas.usda.gov/programs/export-credit-gurantee-program-gsm-102/gsm-fee-schedule. 

Export-Import Bank of the United States (EXIM)

• EXIM announced relief measures for its U.S. exporters, especially U.S. small business exporters, as well as financial institutions related to the COVID-19 outbreak. More information here. 

U.S. Department of Homeland Security (DHS)

• Joint Statement on US-Canada Joint Initiative: Temporary Restriction of Travelers Crossing the US-Canada Land Border for Non-Essential Purposes
• Joint Statement on US-Mexico Joint Initiative to Combat the COVID-19 Pandemic

U.S. Department of State

Federal Government Actions

• Families First Coronavirus Response Act 
• Coronavirus Aid, Relief, and Economic Security Act 
  
• Agriculture Coalition Letter to Congressional Leadership on CCC Funding (March 23, 2020)
• Rebuild Rural letter to Bicameral Hill leadership (May 6, 2020)
• Food Assistance Letter to Chairs of House and Senate Appropriations Committees (May 11, 2020)
• Agriculture Letter on Regulatory Relief to Farm Credit Administration (May 12, 2020)
• Agriculture Letter on AQI Funding to House and Senate Appropriations Committees (June 29, 2020)
• PPP Tax Deductibility Coalition Letter (July 1, 2020)
• Main Street Loan Forgiveness (August 4, 2020)
• Ag Workforce Coalition Letter to White House Coronavirus Task Force (September 24, 2020)
• Bipartisan-Bicameral Omnibus COVID Relief Deal Ag Provisions (December 21, 2020)
• Summary of The Economic Aid to Hard Hit Small Businesses Nonprofits and Venues Act (December 21, 2020) 

State Government Actions

• Summary of State-By-State Emergency Declarations, Travel Restrictions, Etc.