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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2889 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2889

 To authorize the Secretary of Agriculture to carry out activities to 
          reduce food loss and waste, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2023

 Mr. Coons (for himself and Mr. Moran) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
 To authorize the Secretary of Agriculture to carry out activities to 
          reduce food loss and waste, 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 ``New Opportunities for Technological 
Innovation, Mitigation, and Education To Overcome Waste Act'' or the 
``NO TIME TO Waste Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Food and Drugs.
            (3) Food.--The term ``food'' means any raw, cooked, 
        processed, or prepared substance, ice, beverage, or ingredient 
        used or intended for use in whole or in part for human 
        consumption.
            (4) Food loss.--The term ``food loss'' means, with respect 
        to food, that the food does not reach a consumer as a result of 
        an issue in the production, storage, processing, or 
        distribution phase.
            (5) Food recovery.--The term ``food recovery'' means the 
        collection of wholesome food that would otherwise go to waste 
        and the redistribution of that food to feed people.
            (6) Food spoilage.--The term ``food spoilage'' means a 
        process or change that renders a food product undesirable or 
        unacceptable for human consumption.
            (7) Food waste.--The term ``food waste'' means, with 
        respect to food, that the food is intended for human 
        consumption but is unconsumed by humans for any reason at the 
        retail or consumption phase.
            (8) Liaison.--The term ``Liaison'' means the Food Loss and 
        Waste Reduction Liaison established under section 224 of the 
        Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 
        6924).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (10) Upcycled food product.--The term ``upcycled food 
        product'' means a product that--
                    (A) is created from surplus food, unmarketable 
                food, or edible or inedible food byproducts; and
                    (B) is made with ingredients that--
                            (i) otherwise would not have gone to human 
                        consumption;
                            (ii) are sourced and produced using supply 
                        chains for which upstream data can be verified 
                        and validated for accuracy; and
                            (iii) have a positive impact on the 
                        environment.

SEC. 3. OFFICE OF FOOD LOSS AND WASTE.

    (a) Establishment.--The Secretary shall establish in the Department 
of Agriculture an Office of Food Loss and Waste (referred to in this 
section as the ``Office'').
    (b) Responsibilities.--The Office shall be responsible for--
            (1) supporting the role and responsibilities of the 
        Liaison;
            (2) comprehensive research on methods to quantify on-farm 
        food loss and supply chain food loss;
            (3) research on new technologies to reduce food loss and 
        food waste;
            (4) quantifying the impact of food waste reduction policies 
        on greenhouse gas emissions reductions;
            (5) submitting to Congress and making publicly available 
        reports describing the progress of the United States in 
        advancing toward or achieving the goal of reducing food loss 
        and food waste by 50 percent, compared to 2016 levels, by 2030;
            (6) publishing reports to Congress and to the public for 
        the purpose of engaging with educational campaigns relating to 
        food loss and food waste;
            (7) carrying out the grant program under subsection (d);
            (8) contributing to an assessment relating to how food loss 
        and food waste affects climate change, food and nutrition 
        security, and public health;
            (9) creating and distributing tools, resources, and 
        publications--
                    (A) to support efforts and measures to reduce and 
                prevent food loss and food waste; and
                    (B) to contribute to increased education relating 
                to food loss and food waste for private entities, 
                nonprofit and community-based organizations, and 
                individuals;
            (10) tracking and assessing programs across Federal 
        agencies to advance research relating to food loss and food 
        waste;
            (11) analyzing food loss and food waste policy data and 
        establishing and disseminating model policies for municipal, 
        local, State, territorial, and Tribal governments that are 
        proven to reduce food loss or food waste;
            (12) recommending new regulations, investments, or policies 
        to the Liaison and the Secretary to address new identified gaps 
        on preventing and reducing food loss and food waste; and
            (13) carrying out such other activities as the Secretary or 
        the Liaison determine to be appropriate.
    (c) Partnerships.--In carrying out the responsibilities described 
in subsection (b), the Secretary, in consultation with other Federal 
agencies, the Liaison, and the Office, shall establish partnerships 
with regional partner institutions to plan, conduct, and arrange for 
public research, data, education, and recommendations relating to food 
loss and food waste prevention and reduction and food recovery issues 
locally, regionally, and nationally.
    (d) Grant Program.--
            (1) In general.--The Office shall establish a grant program 
        to support collecting data on existing State and local food 
        loss and food waste policies.
            (2) Eligibility.--An entity eligible to receive a grant 
        under paragraph (1) is--
                    (A) a municipal, local, State, or Tribal 
                government;
                    (B) a partnership of 1 or more governments 
                described in subparagraph (A) and 1 or more nonprofit 
                organizations; or
                    (C) a partnership of 2 or more--
                            (i) governments described in subparagraph 
                        (A); or
                            (ii) nonprofit organizations.
            (3) Collaboration.--An entity that receives a grant under 
        paragraph (1) may collaborate with 1 or more nonprofit, 
        private, or other organizations in carrying out activities 
        using the grant funds.
            (4) Project requirements.--A data collection project 
        carried out using a grant under paragraph (1) shall--
                    (A) be carried out for not longer than 3 years; and
                    (B) include the provision of data collected under 
                the project to the Office.
            (5) Data requirements.--Data collected under a project 
        carried out using a grant under paragraph (1) shall provide 
        rigorous evidence of the impact of food loss and food waste 
        policies, which may include--
                    (A) estimates of the quantity of the reduction of 
                food loss and food waste after the implementation of a 
                policy;
                    (B) where relevant, estimates of the quantity of 
                food loss and food waste in a similar community that is 
                not subject to the policy; and
                    (C) the economic benefits and impacts realized from 
                food that is recovered, upcycled, reused, or recycled.
            (6) Matching requirement.--An entity that receives a grant 
        under paragraph (1) shall provide funds, in-kind contributions, 
        or a combination of both from sources other than funds provided 
        through the grant in an amount equal to not less than 10 
        percent of the amount of the grant, which may include private 
        funding or other sources of revenue, as determined by the 
        Secretary.
            (7) Model policies.--After the Office receives the data 
        collected under the grant program under this paragraph, the 
        Office shall analyze the data and establish model policies for 
        municipal, local, State, and Tribal governments that are proven 
        to reduce food waste.
    (e) Authorizations of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Office $1,500,000 for each of fiscal years 2024 through 
        2028.
            (2) Grant program.--
                    (A) In general.--There is authorized to be 
                appropriated to carry out the grant program under 
                subsection (d) $2,000,000 for each of fiscal years 2024 
                through 2028.
                    (B) Administrative costs.--Of the amount 
                appropriated under subparagraph (A), the Secretary may 
                retain not more than 4 percent to pay administrative 
                costs incurred by the Secretary in carrying out 
                subsection (d).

SEC. 4. IMPROVING COORDINATION TO PREVENT AND REDUCE FOOD LOSS AND 
              WASTE.

    (a) Regional Coordinators.--
            (1) In general.--The Secretary shall establish in the 
        Department of Agriculture regional coordinators.
            (2) Responsibilities.--The regional coordinators 
        established under paragraph (1) shall be responsible for--
                    (A) partnering with food producers, food 
                processors, distributors, and food recovery 
                organizations and acting as regional points of contact 
                to facilitate real-time food recovery;
                    (B) understanding and developing the capacity 
                needed for ongoing food recovery;
                    (C) providing technical support to food recovery 
                organizations to improve the ability of the food 
                recovery organizations to pick up surplus food, process 
                that food, and deliver that food to populations or 
                communities; and
                    (D) engaging with Department of Agriculture 
                regional food business centers to identify 
                opportunities for synergy and alignment with those 
                centers.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $1,000,000.
    (b) Food Recovery and Distribution Infrastructure Support and 
Coordination Block Grants.--
            (1) In general.--The Secretary, in coordination with the 
        Office of Food Loss and Waste established under section 3, 
        shall establish as part of the program under section 203D(d) of 
        the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507(d)) a 
        program to award annual block grants to States and Indian 
        Tribes to carry out projects to develop and support food 
        recovery infrastructure and innovative food distribution 
        models.
            (2) Distribution.--A State shall distribute a block grant 
        received under paragraph (1) to applicable food recovery 
        organizations and local governments to address any gaps in food 
        recovery infrastructure, including--
                    (A) storage and capacity of processing 
                infrastructure equipment and facilities;
                    (B) temperature-controlled food distribution 
                infrastructure;
                    (C) technological solutions supporting food 
                recovery, such as real-time updates to connect 
                organizations that have surplus food with organizations 
                that distribute surplus food; and
                    (D) support of salaries, wages, and benefits for 
                food recovery organizations.
            (3) Coordination.--In establishing the program under 
        paragraph (1), the Secretary shall coordinate with other 
        Department of Agriculture agencies and programs, including--
                    (A) the Agricultural Marketing Service;
                    (B) the Emergency Food Assistance Program Reach and 
                Resiliency Grants; and
                    (C) such other agencies and programs as the 
                Secretary determines to be appropriate.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $2,000,000 for 
        each of fiscal years 2024 through 2028.

SEC. 5. STRENGTHENING GOVERNMENT APPROACH TO FOOD LOSS AND WASTE.

    (a) Interagency Collaboration on Food Loss and Waste.--
            (1) In general.--The Secretary, in collaboration with the 
        Administrator and the Commissioner, shall collaborate to carry 
        out the agreement relative to cooperation and coordination on 
        food loss and waste signed by those officials on December 17, 
        2020.
            (2) Reports.--Every year, the Secretary, acting through the 
        Liaison and the Office of Food Loss and Waste established under 
        section 3, in consultation with the Administrator and the 
        Commissioner, shall submit to Congress and make publicly 
        available a report describing the progress of the Secretary in 
        carrying out the agreement described in paragraph (1).
            (3) Interagency engagement.--Pursuant to paragraph (1), the 
        Secretary, the Administrator, and the Commissioner shall engage 
        with the heads of other Federal departments and agencies, 
        including the Secretary of Defense, the Secretary of Education, 
        the Secretary of Transportation, the Secretary of Homeland 
        Security, the Administrator of General Services, and such other 
        Federal departments and agencies as the Secretary, the 
        Administrator, and the Commissioner determine to be 
        appropriate, to expand work on food loss and food waste.
            (4) Consultation.--
                    (A) In general.--The Secretary shall consult with, 
                and receive advice from, representatives described in 
                subparagraph (B) relating to--
                            (i) programming and policy issues relating 
                        to understanding existing and future challenges 
                        relating to food loss and food waste;
                            (ii) acquiring the latest data relating to 
                        food loss and food waste;
                            (iii) the latest innovative solutions 
                        relating to food loss and food waste from 
                        leading experts; and
                            (iv) sharing and developing procurement 
                        best practices that will assist the heads of 
                        Federal departments and agencies described in 
                        paragraph (3) in--
                                    (I) preventing food loss and waste;
                                    (II) reducing food loss and food 
                                waste;
                                    (III) leading by example in 
                                addressing issues relating to food loss 
                                and food waste; and
                                    (IV) engaging contractors in 
                                reducing food loss and food waste in 
                                the operations of the contractors.
                    (B) Representatives.--The representatives referred 
                to in subparagraph (A) are representatives of--
                            (i) the private sector;
                            (ii) agricultural producers;
                            (iii) food industry members, such as food 
                        safety trainers, food aggregators and 
                        processors, food safety professionals, 
                        retailers, and food service entities;
                            (iv) nonprofit organizations;
                            (v) food recovery organizations of varying 
                        sizes; and
                            (vi) any other sector, as determined by the 
                        Secretary.
                    (C) Representation of smaller producers and food 
                insecure communities.--In consulting and receiving 
                advice under subparagraph (A), the Secretary shall 
                ensure participation by smaller producers and 
                organizations from communities most impacted by food 
                and nutrition insecurity and food loss and food waste 
                issues.
                    (D) Forms of consultation.--The Secretary may 
                consult and receive advice under subparagraph (A) 
                through--
                            (i) a meeting through which input is 
                        sought, such as a workshop, town hall meeting, 
                        or listening session;
                            (ii) a meeting described in clause (i) with 
                        an existing group formed by representatives 
                        described in subparagraph (B); and
                            (iii) such other means as the Secretary 
                        determines to be appropriate.
                    (E) Interagency meetings.--The Secretary shall host 
                quarterly meetings with the Administrator, the 
                Commissioner, and the heads of other Federal agencies 
                for the purpose of sharing communications relating to 
                consultation and advice received under subparagraph (A) 
                with those officials regularly.
                    (F) FACA exemption.--Chapter 10 of title 5, United 
                States Code (commonly referred to as the ``Federal 
                Advisory Committee Act''), shall not apply to any group 
                formed for purposes of consultation or providing advice 
                under this paragraph.
            (5) Continuation of effect.--Nothing in the subsection 
        shall be affected by the expiration of the agreement described 
        in paragraph (1).
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $1,000,000 for each of fiscal years 2024 through 
        2028.
    (b) Federal Contractors.--Section 4 of the Federal Food Donation 
Act of 2008 (42 U.S.C. 1792) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``180 days'' and all that follows through 
                ``the Federal'' and inserting ``180 days after the date 
                of enactment of the New Opportunities for Technological 
                Innovation, Mitigation, and Education To Overcome Waste 
                Act, the Federal'';
                    (B) in paragraph (1)--
                            (i) by striking ``encourages'' and 
                        inserting ``requires''; and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (C) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) requires the contractor to submit to the applicable 
        executive agency a report describing--
                    ``(A) efforts and actions to prevent and reduce 
                food loss and food waste (as those terms are defined in 
                section 2 of the New Opportunities for Technological 
                Innovation, Mitigation, and Education To Overcome Waste 
                Act );
                    ``(B) food waste (as so defined) through activities 
                carried out under the contract; and
                    ``(C) food donated as described in paragraph 
                (1).''; and
            (2) by adding at the end the following:
    ``(c) Reports to Congress.--Every 2 years, each executive agency 
shall submit to Congress reports describing the matters reported to the 
executive agency under subsection (a)(3).''.
    (c) Strengthening Food Loss and Waste Research at the Department of 
Agriculture.--
            (1) Critical agriculture research and extension.--In 
        awarding grants under the critical agriculture research and 
        extension crosscutting program area priority established by the 
        Secretary under subsection (b) of the Competitive, Special, and 
        Facilities Research Grant Act (7 U.S.C. 3157(b)), the Secretary 
        shall give priority to grants to address food loss and food 
        waste.
            (2) Inter-disciplinary engagement in animal systems.--In 
        awarding grants under the inter-disciplinary engagement in 
        animal systems crosscutting program area priority established 
        by the Secretary under subsection (b) of the Competitive, 
        Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)), 
        the Secretary shall give priority to grants to address food 
        loss and food waste.
            (3) Animal nutrition, growth, and lactation.--In awarding 
        grants under the animal nutrition, growth, and lactation 
        emphasis area program established by the Secretary under 
        subsection (b) of the Competitive, Special, and Facilities 
        Research Grant Act (7 U.S.C. 3157(b)), the Secretary shall give 
        priority to grants--
                    (A) to reduce losses due to production 
                inefficiencies, including on-farm milk loss; and
                    (B) to use wholesome uneaten food and food 
                processing byproducts from the human food system as 
                feed ingredients.

SEC. 6. COMPOSTING AND FOOD WASTE REDUCTION PROGRAM.

    Section 222(d)(2) of the Department of Agriculture Reorganization 
Act of 1994 (7 U.S.C. 6923(d)(2)) is amended--
            (1) in subparagraph (A), by striking ``local or municipal 
        governments'' and inserting ``State, local, municipal, or 
        Tribal governments'';
            (2) in subparagraph (C), by adding at the end the 
        following:
                            ``(iv) Guidance.--The Secretary shall 
                        publish guidance for applying for pilot 
                        projects under this paragraph for applicants 
                        that lack resources to obtain technical 
                        assistance in preparing an application to 
                        assist those applicants in preparing an 
                        application, particularly to carry out a pilot 
                        project for the reduction of food loss and food 
                        waste (as those terms are defined in section 2 
                        of the New Opportunities for Technological 
                        Innovation, Mitigation, and Education To 
                        Overcome Waste Act) through means other than 
                        composting.
                            ``(v) Period for submission of 
                        applications.--The Secretary shall accept 
                        submissions of applications for pilot projects 
                        under this paragraph for a duration sufficient 
                        to ensure that smaller and rural communities 
                        are able to submit applications, as determined 
                        by the Secretary.''; and
            (3) in subparagraph (D), by inserting ``(which may include 
        private funding or other sources of revenue, as determined by 
        the Secretary)'' after ``funds provided through the grant''.

SEC. 7. PROMOTING THE FORMATION OF PUBLIC-PRIVATE PARTNERSHIPS ON FOOD 
              LOSS AND WASTE.

    (a) In General.--The Secretary, acting through the Office of Food 
Loss and Waste established under section 3, in collaboration with the 
Administrator, shall establish a program to award grants to eligible 
governments described in subsection (b) to incentivize the 
establishment of public-private partnerships that commit to reducing 
food loss and food waste in accordance with the goal of the Secretary 
and the Administrator to reduce food loss and food waste by 50 percent 
by 2030.
    (b) Eligible Governments.--A entity eligible to receive a grant 
under subsection (a) is a State, municipal, local, or Tribal 
government.
    (c) Partnerships.--An eligible government described in subsection 
(b) that receives a grant under subsection (a) shall use the grant to 
establish a partnership with the following entities:
            (1) 1 or more nonprofit organizations.
            (2) 1 or more private entities from any of the following 
        sectors:
                    (A) Grocery and specialty food.
                    (B) Hospitality.
                    (C) Restaurants.
                    (D) Supercenters.
                    (E) Hospitals.
                    (F) Nursing homes.
                    (G) Adult care facilities.
                    (H) Any other sector that the Secretary determines 
                to be appropriate.
    (d) Requirements.--A partnership established under subsection (c) 
shall--
            (1) commit to reducing food loss and food waste in 
        accordance with the goal described in subsection (a);
            (2) provide--
                    (A) a framework for cooperative action relating to 
                food loss and food waste;
                    (B) a forum for leadership and the sharing of 
                information on best practices relating to food loss and 
                food waste; and
                    (C) a list of the highest priorities on issues 
                relating to food loss and food waste;
            (3) establish a methodology for measurement of reductions 
        in food loss and food waste, with the support of a technical 
        team of individuals from 1 or more organizations in the 
        partnership;
            (4) collect data and prepare reports for the purposes of--
                    (A) establishing a baseline of food loss and food 
                waste appropriate for the scope of the collaboration 
                for which the grant was awarded;
                    (B) monitoring progress in reducing food loss and 
                food waste;
                    (C) identifying particular areas relating to food 
                loss and food waste that need attention; and
                    (D) highlighting successes in reducing food loss 
                and food waste that can be replicated;
            (5) establish 1 or more working groups to facilitate 
        dialogue and dissemination of insights and best practices 
        relating to food loss and food waste; and
            (6) make publicly available an annual report describing the 
        activities of the partnership.
    (e) Matching Requirement.--An eligible government described in 
subsection (b) that receives a grant under subsection (a) shall provide 
funds, in-kind contributions, or a combination of both from sources 
other than funds provided through the grant in an amount equal to not 
less than 50 percent of the amount of the grant, which may include 
private funding or other sources of revenue, as determined by the 
Secretary.
    (f) Coordination.--A partnership established under subsection (c) 
shall coordinate with regional coordinators established under section 
4(a), as the partnership determines to be appropriate.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2024 through 2028.

SEC. 8. FOOD LOSS AND WASTE EDUCATION AND AWARENESS CAMPAIGN.

    (a) In General.--The Secretary, in consultation with the 
Administrator, shall initiate a national food waste education and 
public awareness campaign (referred to in this section as the 
``campaign'') through--
            (1) the Liaison; and
            (2) the Office of Food Loss and Waste established under 
        section 3.
    (b) Requirements.--The campaign shall, at a minimum--
            (1) illustrate how much food goes to waste in the United 
        States and households across the United States;
            (2) highlight methods for preserving and storing foods;
            (3) provide consumers tips to identify whether food is 
        still safe and edible, regardless of any ``BEST If Used By'' or 
        the ``USE By'' date on the label or food packaging indicating 
        quality and freshness;
            (4) teach consumers the differences between food freshness 
        and food safety;
            (5) teach consumers how to compost food scraps;
            (6) develop educational materials usable by several 
        different channels, including for specific industry sectors 
        (including retail, food service, and consumer packaged goods), 
        local governments, schools, community and faith-based 
        organizations, and other appropriate channels;
            (7) educate consumers on food products made with food 
        waste, including upcycled food products, or that use innovative 
        technology to prevent food loss and food waste;
            (8) include interactive elements; and
            (9) inform about intersectional issues of food loss and 
        food waste, including public health, food insecurity, and 
        climate change.
    (c) Priorities.--In carrying out the campaign, the Secretary shall 
prioritize--
            (1) initial research to determine a means to segment 
        populations to target;
            (2) identify, using the means determined under paragraph 
        (1), population segments to target;
            (3) understanding how to best target those identified 
        population segments; and
            (4) determining which strategies are most effective in 
        changing consumer behaviors.
    (d) Dual Framework Campaign.--
            (1) In general.--The Secretary shall carry out the campaign 
        through--
                    (A) community engagement, which allows information 
                to be delivered through locally trusted sources, with 
                locally tailored solutions and partners (such as for 
                donation or compost options); and
                    (B) national messaging appropriate for raising 
                awareness of--
                            (i) nationally applicable issues (such as 
                        the meaning of ``best by'' date labels, tips 
                        for meal planning, or businesses that 
                        manufacture products using ingredients that 
                        would otherwise go to waste, including upcycled 
                        food products); and
                            (ii) such other issues as the Secretary 
                        determines to be appropriate.
            (2) Pilot projects.--
                    (A) In general.--The Secretary shall--
                            (i) for the purpose of testing methods and 
                        materials for carrying out the campaign through 
                        community engagement under paragraph (1)(A), 
                        carry out pilot projects in communities 
                        selected by the Secretary; and
                            (ii) assess the results of those pilot 
                        projects, including through waste audits or 
                        other quantitative measurements.
                    (B) Requirements.--In carrying out pilot projects 
                under subparagraph (A), the Secretary shall--
                            (i) ensure equity and diversity of 
                        representation;
                            (ii) incorporate elements of behavioral 
                        science to inform which aspects of the campaign 
                        will be effective; and
                            (iii) in coordination with State, local, or 
                        municipal governments, inform consumers in a 
                        community of solutions, food products, or 
                        initiatives that are available to help prevent 
                        or reduce food waste.
    (e) Waste Audits.--The Secretary shall conduct audits to gather 
data relating to the impact of the campaign in communities targeted by 
the campaign for the purpose of informing future efforts under the 
campaign, including by comparing outcomes in communities targeted by 
the campaign to outcomes in communities not targeted by the campaign.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2024 through 2028.
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