[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5023 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5023
To expand opportunity for agricultural producers, increase consumer
choice in food markets, and enhance American international
competitiveness by establishing new programs for food innovation, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. McGovern (for himself, Ms. McCollum, and Ms. Adams) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To expand opportunity for agricultural producers, increase consumer
choice in food markets, and enhance American international
competitiveness by establishing new programs for food innovation, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Peas, Legumes, And
Nuts Today Act'' or the ``PLANT Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of covered commodity.
Sec. 3. Marketing loans.
Sec. 4. Market access program.
Sec. 5. Operating loans.
Sec. 6. Guaranteed operating loans.
Sec. 7. Loans to private business enterprises.
Sec. 8. Rural business development grants.
Sec. 9. Rural cooperative development grants.
Sec. 10. Appropriate technology transfer for rural areas program.
Sec. 11. Rural innovation stronger economy grant program.
Sec. 12. Plant-based protein input research program.
Sec. 13. Pulse crop health initiative.
Sec. 14. Value-added producer grants.
Sec. 15. Emerging protein production research, education, and extension
initiative.
Sec. 16. Plant-based food innovation initiatives.
SEC. 2. DEFINITION OF COVERED COMMODITY.
Section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011) is
amended--
(1) in paragraph (6)(A), by striking ``and peanuts'' and
inserting ``peanuts, and mushrooms.''; and
(2) in paragraph (19)--
(A) in subparagraph (E), by striking ``$2.40'' and
inserting ``$3.00'';
(B) in subparagraph (K), by striking ``$11.00'' and
inserting ``$13.75'';
(C) in subparagraph (L), by striking ``$19.97'' and
inserting ``$24.93'';
(D) in subparagraph (M), by striking ``$19.04'' and
inserting ``$23.80'';
(E) in subparagraph (N), by striking ``$21.54'' and
inserting ``$26.93''; and
(F) by adding at the end the following:
``(P) For mushrooms, $1.16 per pound.''.
SEC. 3. MARKETING LOANS.
Section 1202(b) of the Agricultural Act of 2014 (7 U.S.C. 9032(b))
is amended--
(1) in paragraph (5), by striking ``$2.00'' and inserting
``$3.00'';
(2) in paragraph (12), by striking ``$6.15'' and inserting
``$7.65'';
(3) in paragraph (13), by striking ``$13.00'' and inserting
``$16.25'';
(4) in paragraph (14), by striking ``$10.00'' and inserting
``$12.50'';
(5) in paragraph (15), by striking ``$14.00'' and inserting
``$17.50''; and
(6) by adding at the end the following:
``(21) In the case of mushrooms, $1.16 per pound.''.
SEC. 4. MARKET ACCESS PROGRAM.
Section 203(b) of the Agricultural Trade Act of 1978 (7 U.S.C.
5623(b)) is amended--
(1) in paragraph (2), by inserting ``and plant protein
products (as defined in section 223 of the Department of
Agriculture Reorganization Act of 1994)'' before ``) through
cost-share assistance''; and
(2) in paragraph (8), by inserting ``, including entities
involved in the development or promotion of plant protein
products (as defined in section 223 of the Department of
Agriculture Reorganization Act of 1994)'' after ``entities''.
SEC. 5. OPERATING LOANS.
(a) In General.--Section 312(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1942(a)) is amended--
(1) in paragraph (9)(B)(ii), by striking ``or'' at the end;
(2) in paragraph (10), by striking the period and inserting
``; or''; and
(3) by adding the following:
``(11) supporting projects that facilitate the development
of plant protein products and connect rural markets and
economies.''.
(b) Plant Protein Product Defined.--Section 343(a) of such Act (42
U.S.C. 1991(a)) is amended by adding at the end the following:
``(14) Plant protein product.--The term `plant protein
product' has the meaning given the term in section 223 of the
Department of Agriculture Reorganization Act of 1994.''.
SEC. 6. GUARANTEED OPERATING LOANS.
Section 312(b) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1942(b)) is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period and inserting
``; or''; and
(3) by adding the following:
``(10) supporting projects that facilitate the development
of plant protein products and connect rural markets and
economies.''.
SEC. 7. LOANS TO PRIVATE BUSINESS ENTERPRISES.
Section 310B(a)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(a)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by inserting at the end the following:
``(E) facilitating economic opportunity for plant
protein products, as well as relevant supply chains and
processing capacity for plant protein products.''.
SEC. 8. RURAL BUSINESS DEVELOPMENT GRANTS.
Section 310B(c)(3)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)(3)(A)) is amended--
(1) in clause (iv), by striking ``and'' at the end;
(2) in clause (v), by striking ``or'' and inserting
``and''; and
(3) by adding at the end the following:
``(vi) projects that support the
development of business enterprises related to
plant protein products; or''.
SEC. 9. RURAL COOPERATIVE DEVELOPMENT GRANTS.
Section 310B(e) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(e)) is amended by adding at the end the following:
``(14) Grants for development of certain plant protein
crops.--The Secretary may make grants under this section to
nonprofit institutions to support the development of pulse
crops, vegetables, legumes, and fungi, including fava beans,
mushrooms, oats, and the pulse crop industry, including by--
``(A) developing and disseminating science-based
tools and information, technical and marketing
assistance, job training and development;
``(B) developing new and innovative technologies to
improve and utilize pulse crops as an ingredient in
food products; and
``(C) providing technical and nontechnical
assistance and education to food companies using pulse
crops, and value-added production processes.''.
SEC. 10. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS PROGRAM.
Section 310B(i)(2)(D) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(i)(2)(D)) is amended by inserting ``or
plant protein products'' after ``commodities''.
SEC. 11. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM.
Section 379I of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008w) is amended--
(1) in subsection (b), by adding at the end the following:
``(6) Grant for development of plant-based foods.--At least
1 grant awarded under paragraph (1) shall be for the purposes
of supporting the development of plant protein products.'';
(2) in subsection (d)(1)(B)(vi), by inserting ``, including
the development of new plant protein products'' before the
semicolon; and
(3) in subsection (j), by striking ``$10,000,000 for each
of fiscal years 2019 through 2023'' and inserting ``$30,000,000
for each of fiscal years 2024 through 2028''.
SEC. 12. PLANT-BASED PROTEIN INPUT RESEARCH PROGRAM.
Section 1672(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925) is amended by adding at the end the
following:
``(21) Plant-based protein input research program.--
Research and extension grants may be made under this section
for the purpose of carrying out or enhancing research to
improve the functionality, flavor, and nutritional value of the
use of soybeans, wheat, mushrooms, oats, sorghum, almonds, and
other crops for the plant protein industry.''.
SEC. 13. PULSE CROP HEALTH INITIATIVE.
Section 1672(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(e)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E)(ii), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) sharing technical and non-technical
assistance to plant protein producers.''; and
(2) in paragraph (5), by inserting after ``$25,000,000 for
each of fiscal years 2014 through 2023'' the following:
``$40,000,000 for each of fiscal years 2024 through 2029''.
SEC. 14. VALUE-ADDED PRODUCER GRANTS.
Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C.
1627c) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 343(a)
of the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a))'' and inserting ``section 2501(a) of
the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279(a))'';
(B) in paragraph (3), by striking ``has the meaning
given the term in section 231(a) of the Agricultural
Risk Protection Act of 2000 (7 U.S.C. 1632a(a))'' and
inserting ``means any farm in which the majority of the
business is owned by an operator and any individuals
related to the operator by blood, marriage, or
adoption, including relatives who do not live in the
household of the operator. The term includes any farm
organized as a sole proprietorship, partnership, or
family corporation. The term does not include any farm
organized as a non-family corporation or cooperative,
or any farm with a hired manager''; and
(C) by adding at the end the following:
``(14) Independent producer.--The term `independent
producer' means an operator--
``(A) of a small or medium-sized farm or ranch that
is structured as a family farm; and
``(B) who produces and owns more than 20 percent of
the agricultural commodity to which value will be added
as the subject of a project proposed under subsection
(d).'';
(2) in subsection (d)(5)--
(A) in subparagraph (A), by adding at the end the
following: ``In doing so, the Secretary shall not
exclude any producer that does not own and produce from
at least 50 percent of their own agricultural
commodity, or require any producer to have been in
production for a minimum number of years to be eligible
for participation.'';
(B) in subparagraph (B)(i), by striking ``(as
determined by the Secretary)''; and
(C) in subparagraph (C)(i)(III), by inserting ``and
whose net income does not exceed $1,000,000 or 125
percent of the county median income, whichever is
greater'' before the semicolon;
(3) in subsection (f)(1)--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(C) by adding at the end the following:
``(C) operate small or medium-sized family
farms.''; and
(4) in subsection (i)--
(A) in paragraph (1)--
(i) by striking ``$50,000,000'' and
inserting ``$100,000,000''; and
(ii) by striking ``2019'' and inserting
``2024'';
(B) in paragraph (2)--
(i) by striking ``$20,000,000'' and
inserting ``$40,000,000''; and
(ii) by striking ``2019'' and inserting
``2024''; and
(C) in paragraph (3)(A)--
(i) in clause (i), by striking ``35
percent'' and inserting ``45 percent''; and
(ii) in clause (ii)(III), by inserting ``,
including for plant protein products'' before
the period.
SEC. 15. EMERGING PROTEIN PRODUCTION RESEARCH, EDUCATION, AND EXTENSION
INITIATIVE.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6911 et seq.) is amended by adding at the end the
following:
``SEC. 223. OFFICE OF PLANT-BASED FOODS AND INNOVATIVE PRODUCTION.
``(a) Office.--
``(1) In general.--The Secretary shall establish in the
Department an Office of Plant-Based Foods and Innovative
Production.
``(2) Director.--The Secretary shall appoint a senior
official to serve as the Director of the Office of Plant-Based
Foods and Innovative Production (referred to in this section as
the `Director').
``(3) Mission.--The mission of the Office of Plant-Based
Foods and Innovative Production shall be to encourage and
promote plant-based protein and plant-based food options and
plant protein products, including the edible proteins made from
plants (such as vegetables, beans, and legumes), fungi, or
other nonanimal sources, through any of the following:
``(A) The development, construction, or acquisition
of land, buildings, plants, equipment, access streets
and roads, parking areas, facility construction,
expansion, or production capacity expansions.
``(B) Providing technical and nontechnical
assistance to plant-based food suppliers and processors
in product development.
``(C) Supporting other innovations in plant-based
protein and food products, as determined by the
Secretary.
``(4) Responsibilities.--The Director shall be responsible
for engaging in activities to carry out the mission described
in paragraph (3), including by--
``(A) managing programs and providing assistance to
plant-based companies and industry;
``(B) advising the Secretary with respect to the
promotion of plant protein products;
``(C) coordinating with the agencies and officials
of the Department to update relevant programs;
``(D) engaging in stakeholder relations and
developing external partnerships;
``(E) identifying common State and municipal best
practices for navigating local policies;
``(F) coordinating networks of existing stakeholder
organizations; and
``(G) collaborating with heads of other Federal
agencies, including the Commissioner of Food and Drugs.
``(b) Emerging Protein and Innovative Production Advisory
Committee.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish an
Emerging Protein and Innovative Production Advisory Committee
(referred to in this subsection as the `Committee') to advise
the Secretary on--
``(A) the development of policies and outreach
relating to protein-rich foods sourced from plant
ingredients and emerging agricultural production
practices; and
``(B) any other aspects of the implementation of
this section.
``(2) Membership.--
``(A) In general.--The Committee shall be composed
of 12 members, of whom--
``(i) 4 shall be individuals who are
agricultural producers, of whom--
``(I) 2 individuals shall be
agricultural producers located in a
rural area; and
``(II) 2 individuals shall be
farmers that use innovative technology;
``(ii) 2 shall be representatives from an
institution of higher education or extension
program;
``(iii) 1 shall be an individual who
represents a nonprofit organization, which may
include a public health, environmental, or
community organization;
``(iv) 1 shall be an individual who
represents business and economic development,
which may include a business development
entity, a chamber of commerce, a city
government, or a planning organization;
``(v) 1 shall be an individual with supply
chain experience, which may include a food
aggregator, wholesale food distributor, food
hub, or an individual who has direct-to-
consumer market experience;
``(vi) 1 shall be an individual from a
financing entity; and
``(vii) 2 shall be individuals with related
experience or expertise in research focused on
protein-rich foods sourced from plants and in
products sourced from plants as determined by
the Secretary.
``(B) Initial appointments.--The Secretary shall
appoint the members of the Committee not later than 180
days after the date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Except as provided in
subparagraph (B), a member of the Committee shall be
appointed for a term of 3 years.
``(B) Initial appointments.--Of the members first
appointed to the Committee--
``(i) 4 of the members, as determined by
the Secretary, shall be appointed for a term of
3 years;
``(ii) 4 of the members, as determined by
the Secretary, shall be appointed for a term of
2 years; and
``(iii) 4 of the members, as determined by
the Secretary, shall be appointed for a term of
1 year.
``(C) Vacancies.--Any vacancy in the Committee--
``(i) shall not affect the powers of the
Committee; and
``(ii) shall be filled as soon as
practicable in the same manner as the original
appointment.
``(D) Consecutive terms.--An initial appointee of
the Committee may serve an additional consecutive term
if the member is reappointed by the Secretary.
``(4) Meetings.--
``(A) Frequency.--The Committee shall meet not
fewer than 3 times per year.
``(B) Initial meeting.--Not later than 180 days
after the date on which the members are appointed under
paragraph (2)(B), the Committee shall hold the first
meeting of the Committee.
``(5) Duties.--
``(A) In general.--The Committee shall--
``(i) develop recommendations and advise
the Director on policies, initiatives, and
outreach administered by the Office of Emerging
Protein and Innovative Production;
``(ii) evaluate and review ongoing research
and extension activities relating to protein-
rich products sourced from plants and the
development of other plant-based foods;
``(iii) identify new and existing barriers
to successful plant protein product development
and emerging agricultural practices employed by
plant protein producers; and
``(iv) provide additional assistance and
advice to the Director as appropriate.
``(B) Reports.--Not later than 1 year after the
date on which the Committee is established, and every 2
years through 2028, the Committee shall submit to the
Secretary, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report
describing the recommendations developed under
subparagraph (A).
``(6) Personnel matters.--
``(A) Compensation.--A member of the Committee
shall serve without compensation.
``(B) Travel expenses.--A member of the Committee
shall be allowed travel expenses, including per diem in
lieu of subsistence, in accordance with section 5703 of
title 5, United States Code.
``(7) Termination.--
``(A) In general.--Subject to subparagraph (B), the
Committee shall terminate on the date that is 5 years
after the date on which the members are appointed under
paragraph (2)(B).
``(B) Extensions.--Before the date on which the
Committee terminates, the Secretary may renew the
Committee for 1 or more 2-year periods.
``(c) Grants.--The Director shall award competitive grants to
support the development of plant-based foods and related innovative
production to any of the following eligible entities:
``(1) A nonprofit organization.
``(2) A unit of local government.
``(3) A Tribal government.
``(4) Any school that serves any of grades kindergarten
through grade 12.
``(5) A for-profit organization with fewer than 500
employees.
``(6) An institution of higher education, including a land-
grant college or university and a nonland-grant college of
agriculture (as those terms are defined in section 1404 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103)).
``(d) Definitions.--In this section:
``(1) The term `plant protein product' means a protein
product made from a plant (such as a vegetable, bean, or
legume), fungi, or other nonanimal source of protein.
``(2) The term `plant protein producer' means a producer of
a plant protein product or any processed or manufactured
product thereof.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section and the amendments made by this
section $25,000,000 for each of fiscal years 2024 through 2028.''.
SEC. 16. PLANT-BASED FOOD INNOVATION INITIATIVES.
(a) Establishment.--The Secretary of Agriculture (in this section
referred to as the ``Secretary'') shall select not fewer than 5
eligible entities to host regionally located plant-based food product
and business innovation initiatives for the purposes of--
(1) diversifying product markets to reduce risk and
developing higher-value use for such products;
(2) promoting business development that diversifies the
income of producers of plant-based food products through
processing and market innovation; and
(3) encouraging the production and use of plant-based food
products and domestic ingredients for such products.
(b) Entities Eligible To Host Initiative.--
(1) In general.--Subject to paragraph (2), an entity is
eligible to host an initiative under subsection (a) if such
entity is a State department of agriculture or other State
entity, a nonprofit organization, or an institution of higher
education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) that has--
(A) a capacity to provide consultation and
expertise necessary to advance the purpose and
activities of the proposed initiative; and
(B) expertise in grant distribution and tracking.
(2) Ineligible entity.--Notwithstanding paragraph (1), an
animal protein checkoff program shall not be eligible to host
an initiative under subsection (a).
(3) Application.--An eligible entity seeking to host an
initiative under subsection (a) shall submit to the Secretary
an application in such time, in such manner, and containing
such information as the Secretary may specify.
(c) Consultation.--An entity that hosts an initiative shall consult
with the Secretary, and the Administrator of the Agricultural Marketing
Service in carrying out the initiative.
(d) Partners.--
(1) In general.--An entity eligible to host an initiative
under subsection (a) may, for purposes of hosting such
initiative, partner with an organization or entity with
expertise or experience in proteins, including the marketing,
research, education, or promotion of plant-based food product.
(2) Timing.--A partnership established pursuant to
paragraph (1) may be established--
(A) prior to the submission of the application
under subsection (d); or
(B) after approval of the application, in
consultation with the Secretary.
(e) Activities of Initiatives.--
(1) Assistance to producers of plant-based food products.--
(A) Direct assistance.--An initiative established
under subsection (a) shall provide directly to
producers of plant-based food products assistance
through private consultation or widely available
distribution. Such assistance may be provided--
(i) by the entity that hosts the initiative
under subsection (d)(1);
(ii) through contracting with industry
experts;
(iii) through the provision of technical
assistance, such as informational websites,
webinars, conferences, trainings, plant tours,
and field days;
(iv) through research institutions; or
(v) through workforce development programs.
(B) Grants.--An initiative may provide a grant on a
noncompetitive basis to an entity that receives
assistance under subparagraph (A) to advance the
business activities recommended as a result of that
assistance.
(2) Types of assistance.--Assistance provided by an
initiative established under subsection (a) may include--
(A) business consulting, including business plan
development for plant-based food products, strategic
planning assistance, and distribution and supply chain
innovation;
(B) marketing and branding assistance, including
market messaging, packaging innovation, consumer
assessments, innovation in emerging market
opportunities, and evaluation of regional, national,
and international markets;
(C) assistance in product innovation, including the
development of value-added products, innovation in
byproduct reprocessing and use maximization, and
product production training, including in new, rare, or
innovative techniques; and
(D) other assistance, as determined by the
Secretary.
(3) Grants to plant-based food product businesses.--
(A) In general.--An initiative shall provide grants
on a competitive basis to new and existing producers of
plant-based food products developing plant-based food
products for the purpose of--
(i) modernization, specialization, and
transition of equipment and facilities;
(ii) value chain and commodity innovation
and facility and process updates for plant-
based proteins producers;
(iii) product development, packaging, and
marketing of protein products; and
(iv) transitioning from a livestock or
dairy-based production to a plant-based food
product-based production.
(B) Grant amounts.--Grants provided under this
paragraph shall not exceed $500,000, unless a greater
amount is approved by the Secretary.
(4) Conflict of interest.--The Secretary shall establish
guidelines and procedures to prevent any conflict of interest
or the appearance of a conflict of interest by an initiative
(including a partner of the initiative) with respect to
providing funding under paragraph (1) or (3). An initiative
shall agree, as a condition on the receipt of funds under this
section, to comply with such guidelines and procedures.
(5) Priority.--In providing direct assistance under
paragraph (1) and grants under paragraph (3), an initiative
shall give priority to--
(A) producers of plant-based food products with
limited access to other forms of assistance;
(B) employee-owned businesses;
(C) minority-owned and other businesses owned by
members of historically disadvantaged communities;
(D) cooperatives;
(E) producers of plant-based food products that add
substantial value in processing or marketing, such as
whole-cut products and specialty products; and
(F) institutions of higher education that primarily
serve minorities.
(6) Requirement.--A foreign person making a direct
investment (as those terms are defined in section 801.2 of
title 15, Code of Federal Regulations (or successor
regulations)) in the United States is not eligible to receive
direct assistance under subsection (f)(1) or a grant under
subsection (f)(3).
(f) Distribution of Funds.--
(1) Multiyear funding allocations.--In distributing funds
made available to carry out this section, the Secretary shall
seek to make awards in multiyear funding allocations.
(2) Use of funds.--Not less than 50 percent of the funds
made available under subsection (i) shall be allocated to
grants under subsection (f)(3).
(g) Report.--Not later than January 31, 2027, the Secretary shall
submit to Congress a report on--
(1) the outcomes of the initiatives under this section; and
(2) any related activities and opportunities that the
Secretary may pursue to further increase protein innovation.
(h) Animal Protein Checkoff Program Defined.--In this section, the
term ``animal protein checkoff program'' means a commodity promotion
program under a commodity promotion law (as defined in section 501 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7401)) with respect to commodities consisting of, or produced using
animal proteins.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2023 through 2028.
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