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[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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