[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2659 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2659
To provide increased financial assistance for farmers' markets and
farmers' market nutrition programs, to increase local agricultural
production through food bank in-house production and local farmer
contracting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mr. Bennet (for himself, Mr. Welch, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To provide increased financial assistance for farmers' markets and
farmers' market nutrition programs, to increase local agricultural
production through food bank in-house production and local farmer
contracting, 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 ``Farmers' Market and Food Bank Local
Revitalization Act of 2023''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) food insecurity, epidemic levels of obesity,
hypertension, diabetes, and youth osteoporosis are caused by
improper nutrition yielded by a lack of nutritious, reliable,
and locally available healthy food options;
(2) the American Diabetes Association estimated a 41-
percent increase in costs of diagnosed diabetes, from a cost of
$174,000,000,000 in 2007 to a cost of $245,000,000,000 in 2012,
with 62 percent of those costs coming from senior health
programs such as Medicare and Medicaid;
(3) since sequestration in 2008, there has been no funding
increase for the senior farmers' market nutrition program under
section 4402 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3007);
(4)(A) from 2008 to 2020, the moderate at-home food cost
for a family of 2 individuals aged 51 to 70 years old increased
by an average of $70 per month; and
(B) funding for the seniors farmers' market nutrition
program has not kept pace with that inflation;
(5) according to the Department of Agriculture, the seniors
farmers' market nutrition program is experiencing, across all
participating States, territories, and Indian Tribes--
(A) a total program funding backlog of $20,065,021;
and
(B) a seasonal benefit funding backlog of
$16,120,741;
(6)(A) approximately 1 in 10 United States senior citizens,
or approximately 5,146,000 individuals, are forced to live well
below the Federal poverty level; and
(B) the seniors farmers' market nutrition program is only
able to reach about 725,000 of those individuals due to
inadequate funding;
(7) since sequestration in 2008, funding for the women,
infants, and children farmers' market nutrition program under
section 17(m) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(m)) has decreased by more than $6,000,000, with no
subsequent increase to previous levels;
(8) the women, infants, and children farmers' market
nutrition program is a vital safeguard for the nearly 1 in 7
children who will be--
(A) born into poverty in the United States; and
(B) at nutritional risk;
(9) according to the Department of Agriculture, the women,
infants, and children farmers' market nutrition program has a
total program and seasonal benefit funding backlog of
$6,198,432 across all participating States, territories, and
Indian Tribes;
(10) in the United States, food banks provide meals to 1 in
7 individuals;
(11)(A) many food banks share special relationships with
local farmers, who often donate crops to food banks; and
(B) the relationships described in subparagraph (A) allow
for more efficient and sustainable procurement for food banks;
(12) assisting food banks to grow their own food will aid
local procurement and allow food banks to serve as farming
resources to their communities, especially to individuals who
are food-insecure; and
(13) the Agriculture Improvement Act of 2018 (Public Law
115-334; 132 Stat. 4490) (and amendments made by that Act)
specifically required an examination of methods to incorporate
local products to reduce food waste.
(b) Purposes.--The purposes of this Act are--
(1) to increase and enhance funding for farmers' market
nutrition programs--
(A) to support seniors and food-insecure families;
and
(B) to increase market capacity for local farmers;
(2) to provide funding assistance for the expansion and
construction of farmers' markets in rural and urban food desert
areas; and
(3) to increase local food production through--
(A) encouraging partnerships of food banks and
local farmers; and
(B) the provision of funding to food banks to grow
necessary produce through traditional or controlled
environmental agriculture farming methods.
SEC. 3. AUTHORIZATION FOR 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--
(1) by striking ``2023'' and inserting ``2028'';
(2) by striking ``Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture'' and inserting the
following:
``(1) Commodity credit corporation.--Of the funds of the
Commodity Credit Corporation, the Secretary of Agriculture
(referred to in this section as the `Secretary')''; and
(3) by adding at the end the following:
``(2) Authorization of appropriations.--
``(A) In general.--In addition to the amounts made
available under paragraph (1), there are authorized to
be appropriated to the Secretary, for the purposes
described in subparagraph (B)--
``(i) for fiscal year 2024, such sums as
are necessary to ensure that not less than
$60,000,000 is available under this paragraph
and paragraph (1);
``(ii) for fiscal year 2025, such sums as
are necessary to ensure that not less than
$70,000,000 is available under this paragraph
and paragraph (1); and
``(iii) for each of fiscal years 2026
through 2028, such sums as are necessary to
ensure that not less than $100,000,000 is
available under this paragraph and paragraph
(1).
``(B) Benefit enhancement.--The additional amounts
made available under subparagraph (A) shall be used--
``(i) to increase the income limit for
seniors farmers' market nutrition program
eligibility to 200 percent of the Federal
poverty guideline;
``(ii) to increase the minimum individual
benefit available under the seniors farmers'
market nutrition program to $35; and
``(iii) to remove the maximum individual
benefit limit under the seniors farmers' market
nutrition program.''.
SEC. 4. MINIMUM INDIVIDUAL BENEFIT INCREASE UNDER WIC FARMERS' MARKET
NUTRITION PROGRAM.
Section 17(m) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(m)) is amended--
(1) in paragraph (4), by striking ``paragraph (6)'' each
place it appears and inserting ``paragraph (7)'';
(2) in paragraph (5)--
(A) by striking ``paragraph (3)'' each place it
appears and inserting ``paragraph (4)''; and
(B) in subparagraph (C)--
(i) in clause (i), by striking ``$10'' and
inserting ``$35''; and
(ii) in clause (ii), by striking ``$30''
and inserting ``$60'';
(3) in paragraph (6)--
(A) in subparagraph (A), in the second sentence, by
striking ``subparagraph (G)'' and inserting
``subparagraph (F)'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``paragraph
(3)'' and inserting ``paragraph (4)''; and
(ii) in clause (ii), by striking
``paragraph (6)'' and inserting ``paragraph
(7)'';
(C) in subparagraph (C)(iv), by striking
``subparagraph (G)(i)'' each place it appears and
inserting ``subparagraph (F)(i)''; and
(D) in subparagraph (D)(ii)--
(i) in the matter preceding subclause (I),
by striking ``this paragraph'' and inserting
``this subparagraph''; and
(ii) in subclause (II), by striking
``paragraph (5)'' and inserting ``paragraph
(6)'';
(4) in paragraph (9)--
(A) in subparagraph (A)--
(i) by striking ``necessary for each'' and
inserting the following: ``necessary for--
``(i) each'';
(ii) in clause (i) (as so designated), by
striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(ii) each of fiscal years 2024 through
2028.''; and
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``(ii) The
Secretary'' and inserting the following:
``(ii) Reallocation procedures.--The
Secretary'';
(ii) in clause (i)--
(I) in subclause (II), by striking
``(II) Notwithstanding'' and inserting
the following:
``(II) Reimbursement for expenses
incurred.--Notwithstanding''; and
(II) in subclause (I), by striking
``allocated. The unexpended funds shall
be returned to the Secretary by'' and
inserting ``allocated, by not later
than''; and
(iii) by striking ``(B)(i)(I) Each State''
and inserting the following:
``(B) Unobligated balances.--
``(i) Return to secretary.--
``(I) In general.--Subject to
subclause (II), each State'';
(5) by striking paragraph (10);
(6) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively; and
(7) by striking ``(m)(1) Subject to'' and inserting the
following:
``(m) Women, Infants, and Children Farmers' Market Nutrition
Program.--
``(1) Definitions.--In this subsection:
``(A) Coupon.--The term `coupon' means a coupon,
voucher, or other negotiable financial instrument by
which benefits provided under this section are
transferred.
``(B) Program.--The term `program' means--
``(i) the State farmers' market coupon
nutrition program authorized by this subsection
(as in effect on September 30, 1991); and
``(ii) the farmers' market nutrition
program authorized by this subsection.
``(C) Recipient.--The term `recipient' means a
person or household, as determined by the State, that
is--
``(i) chosen by a State to receive benefits
under this subsection; or
``(ii) included on a waiting list to
receive those benefits.
``(D) State agency.--The term `State agency'
includes--
``(i) a State department of agriculture;
and
``(ii) any other agency approved by the
chief executive officer of the State.
``(2) Grant program.--Subject to''.
SEC. 5. INFRASTRUCTURE FUNDING FOR FARMERS' MARKETS.
(a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall make loans, loan guarantees, and grants
to public agencies and nonprofit organizations for--
(1) the construction of new farmers' markets; or
(2) the improvement or rehabilitation of existing farmers'
markets, including by adding or improving payment technologies
used at those farmers' markets.
(b) Eligibility.--To be eligible to receive a loan, loan guarantee,
or grant under this section with respect to a farmers' market, a public
agency or nonprofit organization shall demonstrate, to the satisfaction
of the Secretary--
(1) financial need; and
(2) a commitment to reserving not less than 50 percent of
the floor area of the farmers' market for the sale of
agricultural products that, as determined by the Secretary, are
produced locally by--
(A) farmers, ranchers, or aquaculture, mariculture,
or fisheries operators; or
(B) an association of farmers, ranchers, or
aquaculture, mariculture, or fisheries operators.
(c) Cost Sharing.--
(1) Grants.--The amount of a grant provided under this
section shall be not more than 25 percent of the cost of the
activity for which the grant is provided.
(2) Maximum amount.--The combined amount of a grant or loan
provided, and any loan guaranteed, for a public agency or
nonprofit organization under this section shall not exceed 80
percent of the cost of the activity for which the grant or loan
is provided, or the loan is guaranteed, as applicable.
(d) Interest Rate.--
(1) In general.--A loan provided by the Secretary under
this section shall bear interest at the rate equivalent to the
rate of interest charged on United States Treasury securities
of comparable maturity on the date on which the loan is
approved.
(2) Duration.--The interest rate referred to in paragraph
(1) with respect to a loan under this section shall remain in
effect for the term of the loan.
(e) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall use to carry out this section $50,000,000 for each of
fiscal years 2024 through 2029.
SEC. 6. PILOT PROGRAM FOR FOOD BANKS AND LOCAL FARMER CONTRACTING FOR
LOCAL PROCUREMENT.
(a) Establishment.--The Secretary shall establish a pilot program
under which the Secretary shall provide grants to food banks to
voluntarily contract with farmers local to the food banks to grow
produce for food bank programs to promote local procurement of produce.
(b) Methods.--Under a contract described in subsection (a), a local
farmer may grow produce through traditional or controlled environmental
agriculture farming methods.
(c) Amount.--The amount of a grant provided to a food bank under
this section shall be $500,000.
(d) Distribution.--
(1) In general.--Subject to paragraph (2), the Secretary
shall distribute grants under this section to 15 food banks, in
accordance with the following:
(A) ZIP code.--Of the 15 food banks that receive
grants under this section--
(i) 5 shall be located in urban ZIP Codes
(as designated by the Bureau of the Census);
(ii) 5 shall be located in suburban ZIP
Codes (as designated by the Bureau of the
Census); and
(iii) 5 shall be located in rural ZIP Codes
(as designated by the Bureau of the Census).
(B) Census bureau region.--Of the 15 food banks
that receive grants under this section--
(i) 3 shall be located in the Northeast
Region (as established by the Bureau of the
Census);
(ii) 3 shall be located in the Midwest
Region (as established by the Bureau of the
Census);
(iii) 3 shall be located in the South
Region (as established by the Bureau of the
Census);
(iv) 3 shall be located in the West Region
(as established by the Bureau of the Census);
and
(v) 3 may be located in any region
established by the Bureau of the Census, as the
Secretary determines to be appropriate.
(2) Priority.--A food bank that serves an economically
depressed or food desert area, as determined by the Secretary,
shall be given priority in the distribution of grants under
this section.
(e) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall use to carry out this section $7,500,000 for the period
of fiscal years of 2024 and 2025.
SEC. 7. REPORT TO CONGRESS.
Not later than 180 days after the effective date of this Act, the
Secretary shall submit to the Committee on Agriculture, Nutrition, and
Forestry of the Senate, the Special Committee on Aging of the Senate,
and the Committees on Agriculture and Education and the Workforce of
the House of Representatives a report that describes--
(1) the effect of this Act and the amendments made by this
Act on--
(A) local procurement of food; and
(B) local farmers;
(2) the individuals and entities procuring food locally
pursuant to this Act and the amendments made by this Act; and
(3) the communities involved in programs carried out under
this Act and the amendments made by this Act.
SEC. 8. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect on the
date that is 120 days after the date of enactment of this Act.
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