[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1205 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1205

     To modify market development programs under the Department of 
                  Agriculture, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2023

   Mr. Brown (for himself, Ms. Smith, Mr. Welch, and Mr. Fetterman) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
     To modify market development programs under the Department of 
                  Agriculture, 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.

    This Act may be cited as the ``Local Farms and Food Act of 2023''.

SEC. 2. LOCAL AGRICULTURE MARKET PROGRAM REFORM.

    Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1627c) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (5) through (13) as 
                paragraphs (6) through (14), respectively; and
                    (B) by inserting after paragraph (4) the following:
            ``(5) Food hub.--The term `food hub' means a business or 
        organization that actively manages the aggregation, 
        distribution, and marketing of source-identified food products 
        to multiple buyers from multiple producers, who are primarily 
        local and regional producers, to strengthen the ability of 
        those producers to satisfy local and regional wholesale, 
        retail, and institutional demands.'';
            (2) in subsection (b)(4), by inserting ``, regional food 
        chain coordination,'' after ``collaboration'';
            (3) in subsection (c)(4), by striking ``stakeholders.'' and 
        inserting ``stakeholders, including eligible entities described 
        in subsection (d)(6)(B) that receive a grant by submitting an 
        application under subsection (d)(6)(D) through a competitive 
        cooperative agreement with a nongovernmental organization, 
        before and after providing grants under the Program.'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``2019 through 
                2023'' and inserting ``2024 through 2028'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (I), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (J)(ii), by striking 
                        the period at the end and inserting a 
                        semicolon; and
                            (iii) by adding at the end the following:
                    ``(K) to support the purchase of general purpose 
                equipment; or
                    ``(L) to support the logistics required for the 
                redemption of Federal nutrition benefits at direct 
                producer-to-consumer markets.'';
                    (C) in paragraph (5)(E)--
                            (i) by striking ``An eligible entity'' and 
                        inserting the following:
                            ``(i) In general.--Except as provided in 
                        clause (ii), an eligible entity''; and
                            (ii) by adding at the end the following:
                            ``(ii) Exception.--
                                    ``(I) In general.--An eligible 
                                entity described in subparagraph (B) 
                                that has an adjusted gross income of 
                                not more than $250,000 averaged over 
                                the previous 3 years shall contribute 
                                an amount of non-Federal funds in the 
                                form of cash or an in-kind contribution 
                                that is equal to 25 percent of the 
                                amount of Federal funds received.
                                    ``(II) Limitation.--The amount of 
                                Federal funds received under a grant by 
                                an eligible entity that provides a 
                                reduced non-Federal contribution in 
                                accordance with subclause (I) may not 
                                exceed $200,000.
                                    ``(III) Required documentation.--
                                The Secretary shall consider a letter 
                                from an accountant stating that the 
                                adjusted gross income of an eligible 
                                entity described in subparagraph (B) is 
                                not more than $250,000 averaged over 
                                the previous 3 years, based on the line 
                                on Internal Revenue Service form 1040 
                                that describes adjusted gross income, 
                                sufficient to demonstrate eligibility 
                                for a reduced non-Federal contribution 
                                under subclause (I).''; and
                    (D) in paragraph (6)--
                            (i) in subparagraph (B)--
                                    (I) by redesignating clauses (vii) 
                                and (viii) as clauses (viii) and (ix), 
                                respectively; and
                                    (II) by inserting after clause (vi) 
                                the following:
                            ``(vii) a food hub;'';
                            (ii) in subparagraph (C)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``, outreach, and 
                                technical assistance'' after 
                                ``applications'';
                                    (II) in clause (i)--
                                            (aa) by inserting ``would'' 
                                        before ``benefit''; and
                                            (bb) by striking ``or'' at 
                                        the end;
                                    (III) by redesignating clause (ii) 
                                as clause (iii);
                                    (IV) by inserting after clause (i) 
                                the following:
                            ``(ii) would provide greater geographic 
                        balance relative to the benefits of the 
                        Program; or''; and
                                    (V) in clause (iii) (as so 
                                redesignated), by striking ``are used'' 
                                and inserting ``would be used'';
                            (iii) by redesignating subparagraphs (D) 
                        and (E) as subparagraphs (E) and (F), 
                        respectively;
                            (iv) by inserting after subparagraph (C) 
                        the following:
                    ``(D) Simplified applications.--
                            ``(i) In general.--The Secretary shall 
                        establish a simplified `turnkey' application 
                        form for eligible entities described in 
                        subparagraph (B) that--
                                    ``(I) request less than $100,000; 
                                and
                                    ``(II) chose from the project 
                                categories described in clause (ii), 
                                which shall include a specific, limited 
                                set of key activities with predefined 
                                requirements established by the 
                                Secretary.
                            ``(ii) Project categories.--
                                    ``(I) Direct-to-consumer 
                                projects.--In the case of a direct-to-
                                consumer project, an application form 
                                described in clause (i) shall be 
                                available for the following categories 
                                of projects:
                                            ``(aa) An outreach and 
                                        promotion project.
                                            ``(bb) A project to provide 
                                        funding for farmers market 
                                        manager staff time.
                                            ``(cc) A project to provide 
                                        vendor training.
                                            ``(dd) A planning and 
                                        design project.
                                            ``(ee) A data collection 
                                        and evaluation project.
                                    ``(II) Local and regional food 
                                markets and enterprise projects.--In 
                                the case of a local and regional food 
                                market and enterprise project, an 
                                application form described in clause 
                                (i) shall be available for the 
                                following categories of projects:
                                            ``(aa) A food hub 
                                        feasibility study project.
                                            ``(bb) A project to provide 
                                        funding for regional food chain 
                                        coordination staff time.
                                            ``(cc) A project to provide 
                                        technical assistance.
                                            ``(dd) A data collection 
                                        and evaluation project.
                                            ``(ee) A project to 
                                        purchase general purpose 
                                        equipment.
                            ``(iii) General purpose equipment grants.--
                        In the case of a project described in clause 
                        (ii)(II)(ee), the Secretary, acting through the 
                        Administrator of the Agricultural Marketing 
                        Service, in coordination with the Administrator 
                        of the Rural Business-Cooperative Service, 
                        shall fulfill the applicable documentation and 
                        monitoring requirements under sections 200.313 
                        and 200.439 of title 2, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this clause).''; and
                            (v) in subparagraph (E) (as so 
                        redesignated), by striking clause (ii) and 
                        inserting the following:
                            ``(ii) Exception.--An eligible entity 
                        described in subparagraph (B) may use--
                                    ``(I) not more than $100,000 of the 
                                amount of a grant for an eligible 
                                activity described in subparagraph (J) 
                                or (K) of paragraph (2)--
                                            ``(aa) to purchase or 
                                        upgrade equipment to improve 
                                        food safety; or
                                            ``(bb) to purchase general 
                                        purpose equipment; and
                                    ``(II) any amount of a grant to 
                                purchase general purpose equipment in 
                                accordance with subparagraph 
                                (D)(ii)(II)(ee).'';
            (5) in subsection (e)(2)(A), by striking ``2019'' and all 
        that follows through the period at the end and inserting the 
        following: ``2024 through 2028 to support partnerships--
                            ``(i) to plan a local or regional food 
                        system;
                            ``(ii) to implement a local or regional 
                        food system plan;
                            ``(iii) to develop and implement a regional 
                        food chain coordination project; and
                            ``(iv) to develop and implement a regional 
                        outreach, technical assistance, and evaluation 
                        project.'';
            (6) in subsection (f)(1)--
                    (A) in subparagraph (A), by striking ``subsection 
                (d); or'' and inserting ``subsection (d)(5);''
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) are eligible to submit an application in 
                accordance with subsection (d)(6)(D); or''; and
            (7) in subsection (i)--
                    (A) in paragraph (1), by striking ``$50,000,000 for 
                fiscal year 2019'' and inserting ``$75,000,000 for 
                fiscal year 2024'';
                    (B) in paragraph (2), by striking ``$20,000,000 for 
                fiscal year 2019'' and inserting ``$30,000,000 for 
                fiscal year 2024''; and
                    (C) in paragraph (3)(B)--
                            (i) by striking ``Of the funds'' and 
                        inserting the following:
                            ``(i) In general.--Of the funds''; and
                            (ii) by adding at the end the following:
                            ``(ii) Simplified applications.--Of the 
                        funds made available for grants under 
                        subsection (d)(6) for a fiscal year, not less 
                        than 25 percent, and not more than 50 percent, 
                        shall be used to provide grants to eligible 
                        entities that submit an application in 
                        accordance with subsection (d)(6)(D).''.

SEC. 3. FUNDING FOR THE SENIORS FARMERS' MARKET NUTRITION PROGRAM.

    Section 4402(a) of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 3007(a)) is amended by striking ``Of the funds'' and all 
that follows through the period at the end and inserting the following:
            ``(1) Mandatory funding.--Of the funds of the Commodity 
        Credit Corporation, the Secretary of Agriculture shall use to 
        carry out and expand the seniors farmers' market nutrition 
        program $20,600,000 for each of fiscal years 2024 through 2028.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $10,000,000 for 
        each of fiscal years 2024 through 2028.''.

SEC. 4. FEDERAL SHARE FOR ACTIVITIES UNDER GUS SCHUMACHER NUTRITION 
              INCENTIVE PROGRAM.

    Section 4405(b)(1)(C) of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 7517(b)(1)(C)) is amended by striking ``50'' and 
inserting ``75''.

SEC. 5. PANEL TO REVIEW PRODUCE PRESCRIPTION PROGRAM APPLICATIONS.

    Section 4405(c)(3) of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 7517(c)(3)) is amended by adding at the end the 
following:
                    ``(C) Panel to review applications.--
                            ``(i) In general.--The Secretary shall 
                        establish a panel--
                                    ``(I) to review applications 
                                submitted to the Secretary pursuant to 
                                this paragraph; and
                                    ``(II) to make recommendations to 
                                the Secretary with respect to those 
                                applications.
                            ``(ii) Members.--The panel required under 
                        clause (i) shall include--
                                    ``(I) at least 1 member with 
                                experience as a healthcare provider; 
                                and
                                    ``(II) at least 1 member with 
                                experience administering health 
                                plans.''.
                                 <all>