II 

112TH CONGRESS 

1ST SESSION S. 2016 

To amend the Food and Nutrition Act of 2008, the Richard B. Russell 

National School Lunch Act, and the Child Nutrition Act of 1966 to 

increase access to healthy food for families, to amend the Consolidated 

Farm and Rural Development Act and the Farm Security and Rural 

Investment Act of 2002 to increase access to credit for small and new 

farmers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2011 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Food and Nutrition Act of 2008, the Richard 

B. Russell National School Lunch Act, and the Child 

Nutrition Act of 1966 to increase access to healthy food 

for families, to amend the Consolidated Farm and Rural 

Development Act and the Farm Security and Rural Investment Act of 2002 to increase access to credit for 

small and new farmers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Fresh Regional Eating for Schools and Health Act of 

4 2011’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INCREASING ACCESS TO HEALTHY FOOD FOR FAMILIES 

Sec. 101. Supplemental nutrition assistance program. 

Sec. 102. Smartphone and tablet technology; qualified online retailers. 

Sec. 103. Local foods. 

Sec. 104. Alternative forms of training for retail stores to provide supplemental 

foods under WIC program. 

TITLE II—INCREASING ACCESS TO CREDIT FOR SMALL AND NEW 

FARMERS 

Sec. 201. Loans for agricultural producers. 

7 TITLE I—INCREASING ACCESS 

8 TO HEALTHY FOOD FOR FAM9 ILIES 

10 SEC. 101. SUPPLEMENTAL NUTRITION ASSISTANCE PRO11 GRAM. 

12 (a) NUTRITIONAL VALUE OF FOOD.—Section 

13 17(b)(1)(B)(ii) of the Food and Nutrition Act of 2008 (7 

14 U.S.C. 2026(b)(1)(B)(ii)) is amended— 

15 (1) in subclause (III), by striking ‘‘or’’ at the 

16 end; 

17 (2) in subclause (IV), by striking the period at 

18 the end and inserting ‘‘; or’’; and 

19 (3) by adding at the end the following: 


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1 ‘‘(V) provide a reasonable expec2 tation that the nutritional value of 

3 food purchased with supplemental nu4 trition assistance program benefits 

5 will increase or will assist supple6 mental nutrition assistance program 

7 beneficiaries in meeting Federal nutri8 tion guidelines, on the conditions 

9 that— 

10 ‘‘(aa) in order to promote 

11 the development of innovative lo12 cally developed projects that ap13 peal to agricultural producers, 

14 supplemental nutrition assistance 

15 program beneficiaries, anti-hun16 ger advocates, and public health 

17 groups, a State that applies for 

18 waivers under this subclause 

19 shall solicit substantial public 

20 input for a period of not less 

21 than 90 days; and 

22 ‘‘(bb) a waiver under this 

23 subclause shall not reduce the eli24 gibility for, or amount of, beneVerDate Mar 15 2010 21:00 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2016.IS S2016

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1 fits available to recipients under 

2 this Act.’’. 

3 (b) REPORTING REQUIREMENTS.—Section 4 of the 

4 Food and Nutrition Act of 2008 (7 U.S.C. 2013) is 

5 amended by adding at the end the following: 

6 ‘‘(d) REPORTING REQUIREMENTS.— 

7 ‘‘(1) RETAIL FOOD STORE.—Not later than 

8 March 31 of each year, the owner of any 1 or more 

9 retail food store that has annual gross sales in ex10 cess of $1,000,000 resulting from the sale of food in 

11 exchange for any benefits under the supplemental 

12 nutrition assistance program shall prepare and sub13 mit to the Secretary a report listing any food pur14 chased by any individual with any benefits under the 

15 supplemental nutrition program during the previous 

16 calendar year. 

17 ‘‘(2) SECRETARY.—Not later than 90 days 

18 after the date on which the report described in para19 graph (1) is submitted, the Secretary shall prepare 

20 and submit to Congress a report compiling the data 

21 listed in any report submitted under paragraph 

22 (1).’’. 

23 SEC. 102. SMARTPHONE AND TABLET TECHNOLOGY; QUALI24 FIED ONLINE RETAILERS. 

25 (a) SMARTPHONE AND TABLET TECHNOLOGY.— 


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1 (1) SNAP.—Section 7(h) of the Food and Nu2 trition Act of 2008 (7 U.S.C. 2016(h)) is amend3 ed— 

4 (A) by redesignating the second paragraph 

5 (12) (relating to interchange fees) as paragraph 

6 (13); and 

7 (B) by adding at the end the following: 

8 ‘‘(14) SMARTPHONE AND TABLET TECH9 NOLOGY.— 

10 ‘‘(A) IN GENERAL.—Not later than 180 

11 days after the date of enactment of this para12 graph, the Secretary, in consultation with orga13 nizations representing the electronics payments 

14 industry, shall issue recommendations to States 

15 on the use and implementation of smartphone 

16 and tablet technology for acceptance of elec17 tronic benefit transfers under the supplemental 

18 nutrition assistance program. 

19 ‘‘(B) IMPLEMENTATION.—Not later than 

20 180 days after the date of issuance of rec21 ommendations under subparagraph (A) or as of 

22 the date of the next electronic benefit transfer 

23 contract renewal of the State, as a condition of 

24 participation in the program, each State shall 

25 ensure that the prime contractors of the State 


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1 responsible for electronic benefit transfer serv2 ices and training shall make such modifications 

3 as are necessary to implement smartphone and 

4 tablet technology for acceptance of electronic 

5 benefit transfers under the supplemental nutri6 tion assistance program in that State.’’. 

7 (2) WIC.—Section 17(h)(12) of the Child Nu8 trition Act of 1966 (42 U.S.C. 1786(h)(12)) is 

9 amended by adding at the end the following: 

10 ‘‘(H) SMARTPHONE AND TABLET TECH11 NOLOGY.— 

12 ‘‘(i) IN GENERAL.—Not later than 90 

13 days after the date of enactment of this 

14 subparagraph, the Secretary shall issue 

15 recommendations to State agencies on the 

16 use and implementation of smartphone and 

17 tablet technology for acceptance of elec18 tronic benefit transfers under the program. 

19 ‘‘(ii) IMPLEMENTATION.—Not later 

20 than 180 days after the date of issuance of 

21 recommendations under clause (i), as a 

22 condition of participation in the program, 

23 each State agency shall ensure that the 

24 prime contractors of the State responsible 

25 for electronic benefit transfer services and 


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1 training shall make such modifications as 

2 are necessary to implement smartphone 

3 and tablet technology for acceptance of 

4 electronic benefit transfers under the pro5 gram in that State.’’. 

6 (b) QUALIFIED ONLINE RETAILERS.—Section 3(p) 

7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) 

8 is amended— 

9 (1) in paragraph (3), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (4), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(5) an online food retailer that meets the re15 quirements described in paragraph (1), except that 

16 benefits under the supplemental nutrition assistance 

17 program may not be used to pay for any delivery 

18 fees from the online food retailer.’’. 

19 SEC. 103. LOCAL FOODS. 

20 Section 6 of the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1755) is amended by adding at the 

22 end the following: 

23 ‘‘(f) LOCAL FOODS.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding any other 

25 provision of this section or other law, of the funds 


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1 made available to the Secretary during a fiscal year 

2 for direct expenditure by the Secretary for agricul3 tural commodities and other foods to be distributed 

4 under this Act and the Child Nutrition Act of 1966 

5 (42 U.S.C. 1771 et seq.) (other than funds made 

6 available under section 10603 of the Farm Security 

7 and Rural Investment Act of 2002 (7 U.S.C. 612c– 

8 4) or section 4404 of the Food, Conservation, and 

9 Energy Act of 2008 (7 U.S.C. 612c–5)), the Sec10 retary shall make available 50 percent of those funds 

11 each fiscal year to schools and school food authori12 ties participating in the food service programs under 

13 this Act and the Child Nutrition Act of 1966 (42 

14 U.S.C. 1771 et seq.) to purchase directly local foods 

15 for use in the food service programs. 

16 ‘‘(2) IMPACT ON SPECIALTY CROPS.—If the 

17 Secretary determines that the requirement under 

18 paragraph (1) is negatively impacting the purchase 

19 of specialty crops for distribution under this Act and 

20 the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 

21 seq.), the Secretary may require that schools and 

22 school food authorities, as a condition on the receipt 

23 of funds under paragraph (1), use the funds to pur24 chase local specialty crops.’’. 


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1 SEC. 104. ALTERNATIVE FORMS OF TRAINING FOR RETAIL 

2 STORES TO PROVIDE SUPPLEMENTAL FOODS 

3 UNDER WIC PROGRAM. 

4 Section 17(f)(1)(C) of the Child Nutrition Act of 

5 1966 (42 U.S.C. 1786(f)(1)(C)) is amended— 

6 (1) in clause (x), by striking ‘‘and’’ after the 

7 semicolon at the end; 

8 (2) by redesignating clause (xi) as clause (xii); 

9 and 

10 (3) by inserting after clause (x) the following: 

11 ‘‘(xi) a plan to allow retail stores to receive al12 ternate forms of training (including through 

13 videoconferencing) from the State agency to obtain 

14 authorization to provide supplemental foods under 

15 the program; and’’. 

16 TITLE II—INCREASING ACCESS 

17 TO CREDIT FOR SMALL AND 

18 NEW FARMERS 

19 SEC. 201. LOANS FOR AGRICULTURAL PRODUCERS. 

20 (a) DIRECT FARM OWNERSHIP LOANS.—Section 

21 302(b) of the Consolidated Farm and Rural Development 

22 Act (7 U.S.C. 1922(b)) is amended— 

23 (1) in the matter preceding subparagraph (A), 

24 by inserting ‘‘or has obtained a baccalaureate degree 

25 related to farm management (including horticulture 


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1 and agricultural business management)’’ after ‘‘not 

2 less than 3 years’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(4) SUSPENSION OF LIMITATION ON PERIOD

5 FOR WHICH BORROWERS ARE ELIGIBLE FOR DIRECT

6 FARM OWNERSHIP LOANS.—Beginning on the date 

7 of enactment of this paragraph, subparagraph (C) of 

8 paragraph (1) and subparagraphs (B) and (C) of 

9 paragraph (3) shall have no force or effect.’’. 

10 (b) ELIGIBILITY OF FOOD BANKS AND OTHER NON11 PROFIT HUNGER ASSISTANCE ORGANIZATIONS FOR OP12 ERATING LOANS.—Section 311(a) of the Consolidated 

13 Farm and Rural Development Act (7 U.S.C. 1941(a)) is 

14 amended by striking ‘‘and limited liability companies’’ 

15 each place it appears and inserting ‘‘limited liability com16 panies, and food banks and other nonprofit hunger assist17 ance organizations’’. 

18 (c) SUSPENSION OF LIMITATION ON PERIOD FOR

19 WHICH BORROWERS ARE ELIGIBLE FOR DIRECT OPER20 ATING LOANS; MICROLOAN PROGRAM.—Section 311(c) of 

21 the Consolidated Farm and Rural Development Act (7 

22 U.S.C. 1941(c)) is amended— 

23 (1) in paragraph (1), in the matter preceding 

24 subparagraph (A), by striking ‘‘and (4)’’ and insert25 ing ‘‘through (5)’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(5) SUSPENSION OF LIMITATION ON PERIOD

3 FOR WHICH BORROWERS ARE ELIGIBLE FOR DIRECT

4 OPERATING LOANS.—Beginning on the date of en5 actment of this paragraph, subparagraph (C) of 

6 paragraph (1) shall have no force or effect. 

7 ‘‘(6) MICROLOAN PROGRAM.— 

8 ‘‘(A) IN GENERAL.—Not later than 180 

9 days after the date of enactment of this para10 graph, the Secretary shall establish a microloan 

11 program within the operating loan program es12 tablished under this subtitle. 

13 ‘‘(B) LOAN AMOUNT.—Each loan issued 

14 under the program shall be in an amount of not 

15 less than $500 and not more than $5,000. 

16 ‘‘(C) LOAN PROCESSING.—The Secretary 

17 shall process any loan application submitted 

18 under the program not later than 30 days after 

19 the date on which the application was sub20 mitted. 

21 ‘‘(D) EXPEDITING APPLICATIONS.—The 

22 Secretary shall take any measure the Secretary 

23 determines necessary to expedite any applica24 tion submitted under the program. 


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1 ‘‘(E) PAPERWORK REDUCTION.—The Sec2 retary shall take measures to reduce any paper3 work requirements for loans under the pro4 gram.’’. 

5 (d) SUSPENSION OF LIMITATION ON PERIOD FOR

6 WHICH BORROWERS ARE ELIGIBLE FOR GUARANTEED

7 ASSISTANCE.—Section 5102 of the Farm Security and 

8 Rural Investment Act of 2002 (7 U.S.C. 1949 note; Public 

9 Law 107–171) is amended by striking ‘‘During the period 

10 beginning January 1, 2002, and ending December 31, 

11 2010,’’ and inserting ‘‘Beginning January 1, 2002,’’. 

Æ 


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