II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Local Farms and Food 

5 Act of 2023’’. 

6 SEC. 2. LOCAL AGRICULTURE MARKET PROGRAM REFORM. 

7 Section 210A of the Agricultural Marketing Act of 

8 1946 (7 U.S.C. 1627c) is amended— 

9 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (5) 

2 through (13) as paragraphs (6) through (14), 

3 respectively; and 

4 (B) by inserting after paragraph (4) the 

5 following: 

6 ‘‘(5) FOOD HUB.—The term ‘food hub’ means 

7 a business or organization that actively manages the 

8 aggregation, distribution, and marketing of source9 identified food products to multiple buyers from 

10 multiple producers, who are primarily local and re11 gional producers, to strengthen the ability of those 

12 producers to satisfy local and regional wholesale, re13 tail, and institutional demands.’’; 

14 (2) in subsection (b)(4), by inserting ‘‘, regional 

15 food chain coordination,’’ after ‘‘collaboration’’; 

16 (3) in subsection (c)(4), by striking ‘‘stake17 holders.’’ and inserting ‘‘stakeholders, including eli18 gible entities described in subsection (d)(6)(B) that 

19 receive a grant by submitting an application under 

20 subsection (d)(6)(D) through a competitive coopera21 tive agreement with a nongovernmental organization, 

22 before and after providing grants under the Pro23 gram.’’; 

24 (4) in subsection (d)— 


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1 (A) in paragraph (1), by striking ‘‘2019 

2 through 2023’’ and inserting ‘‘2024 through 

3 2028’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (I), by striking 

6 ‘‘or’’ at the end; 

7 (ii) in subparagraph (J)(ii), by strik8 ing the period at the end and inserting a 

9 semicolon; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(K) to support the purchase of general 

13 purpose equipment; or 

14 ‘‘(L) to support the logistics required for 

15 the redemption of Federal nutrition benefits at 

16 direct producer-to-consumer markets.’’; 

17 (C) in paragraph (5)(E)— 

18 (i) by striking ‘‘An eligible entity’’ 

19 and inserting the following: 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), an eligible entity’’; and 

22 (ii) by adding at the end the fol23 lowing: 

24 ‘‘(ii) EXCEPTION.— 


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1 ‘‘(I) IN GENERAL.—An eligible 

2 entity described in subparagraph (B) 

3 that has an adjusted gross income of 

4 not more than $250,000 averaged 

5 over the previous 3 years shall con6 tribute an amount of non-Federal 

7 funds in the form of cash or an in8 kind contribution that is equal to 25 

9 percent of the amount of Federal 

10 funds received. 

11 ‘‘(II) LIMITATION.—The amount 

12 of Federal funds received under a 

13 grant by an eligible entity that pro14 vides a reduced non-Federal contribu15 tion in accordance with subclause (I) 

16 may not exceed $200,000. 

17 ‘‘(III) REQUIRED DOCUMENTA18 TION.—The Secretary shall consider a 

19 letter from an accountant stating that 

20 the adjusted gross income of an eligi21 ble entity described in subparagraph 

22 (B) is not more than $250,000 aver23 aged over the previous 3 years, based 

24 on the line on Internal Revenue Serv25 ice form 1040 that describes adjusted 


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1 gross income, sufficient to dem2 onstrate eligibility for a reduced non3 Federal contribution under subclause 

4 (I).’’; and 

5 (D) in paragraph (6)— 

6 (i) in subparagraph (B)— 

7 (I) by redesignating clauses (vii) 

8 and (viii) as clauses (viii) and (ix), re9 spectively; and 

10 (II) by inserting after clause (vi) 

11 the following: 

12 ‘‘(vii) a food hub;’’; 

13 (ii) in subparagraph (C)— 

14 (I) in the matter preceding clause 

15 (i), by inserting ‘‘, outreach, and tech16 nical assistance’’ after ‘‘applications’’; 

17 (II) in clause (i)— 

18 (aa) by inserting ‘‘would’’ 

19 before ‘‘benefit’’; and 

20 (bb) by striking ‘‘or’’ at the 

21 end; 

22 (III) by redesignating clause (ii) 

23 as clause (iii); 

24 (IV) by inserting after clause (i) 

25 the following: 


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1 ‘‘(ii) would provide greater geographic 

2 balance relative to the benefits of the Pro3 gram; or’’; and 

4 (V) in clause (iii) (as so redesig5 nated), by striking ‘‘are used’’ and in6 serting ‘‘would be used’’; 

7 (iii) by redesignating subparagraphs 

8 (D) and (E) as subparagraphs (E) and 

9 (F), respectively; 

10 (iv) by inserting after subparagraph 

11 (C) the following: 

12 ‘‘(D) SIMPLIFIED APPLICATIONS.— 

13 ‘‘(i) IN GENERAL.—The Secretary 

14 shall establish a simplified ‘turnkey’ appli15 cation form for eligible entities described in 

16 subparagraph (B) that— 

17 ‘‘(I) request less than $100,000; 

18 and 

19 ‘‘(II) chose from the project cat20 egories described in clause (ii), which 

21 shall include a specific, limited set of 

22 key activities with predefined require23 ments established by the Secretary. 

24 ‘‘(ii) PROJECT CATEGORIES.— 


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1 ‘‘(I) DIRECT-TO-CONSUMER

2 PROJECTS.—In the case of a direct-to3 consumer project, an application form 

4 described in clause (i) shall be avail5 able for the following categories of 

6 projects: 

7 ‘‘(aa) An outreach and pro8 motion project. 

9 ‘‘(bb) A project to provide 

10 funding for farmers market man11 ager staff time. 

12 ‘‘(cc) A project to provide 

13 vendor training. 

14 ‘‘(dd) A planning and design 

15 project. 

16 ‘‘(ee) A data collection and 

17 evaluation project. 

18 ‘‘(II) LOCAL AND REGIONAL

19 FOOD MARKETS AND ENTERPRISE

20 PROJECTS.—In the case of a local and 

21 regional food market and enterprise 

22 project, an application form described 

23 in clause (i) shall be available for the 

24 following categories of projects: 


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1 ‘‘(aa) A food hub feasibility 

2 study project. 

3 ‘‘(bb) A project to provide 

4 funding for regional food chain 

5 coordination staff time. 

6 ‘‘(cc) A project to provide 

7 technical assistance. 

8 ‘‘(dd) A data collection and 

9 evaluation project. 

10 ‘‘(ee) A project to purchase 

11 general purpose equipment. 

12 ‘‘(iii) GENERAL PURPOSE EQUIPMENT

13 GRANTS.—In the case of a project de14 scribed in clause (ii)(II)(ee), the Secretary, 

15 acting through the Administrator of the 

16 Agricultural Marketing Service, in coordi17 nation with the Administrator of the Rural 

18 Business-Cooperative Service, shall fulfill 

19 the applicable documentation and moni20 toring requirements under sections 

21 200.313 and 200.439 of title 2, Code of 

22 Federal Regulations (as in effect on the 

23 date of enactment of this clause).’’; and 


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1 (v) in subparagraph (E) (as so redes2 ignated), by striking clause (ii) and insert3 ing the following: 

4 ‘‘(ii) EXCEPTION.—An eligible entity 

5 described in subparagraph (B) may use— 

6 ‘‘(I) not more than $100,000 of 

7 the amount of a grant for an eligible 

8 activity described in subparagraph (J) 

9 or (K) of paragraph (2)— 

10 ‘‘(aa) to purchase or up11 grade equipment to improve food 

12 safety; or 

13 ‘‘(bb) to purchase general 

14 purpose equipment; and 

15 ‘‘(II) any amount of a grant to 

16 purchase general purpose equipment 

17 in accordance with subparagraph 

18 (D)(ii)(II)(ee).’’; 

19 (5) in subsection (e)(2)(A), by striking ‘‘2019’’ 

20 and all that follows through the period at the end 

21 and inserting the following: ‘‘2024 through 2028 to 

22 support partnerships— 

23 ‘‘(i) to plan a local or regional food 

24 system; 


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1 ‘‘(ii) to implement a local or regional 

2 food system plan; 

3 ‘‘(iii) to develop and implement a re4 gional food chain coordination project; and 

5 ‘‘(iv) to develop and implement a re6 gional outreach, technical assistance, and 

7 evaluation project.’’; 

8 (6) in subsection (f)(1)— 

9 (A) in subparagraph (A), by striking ‘‘sub10 section (d); or’’ and inserting ‘‘subsection 

11 (d)(5);’’ 

12 (B) by redesignating subparagraph (B) as 

13 subparagraph (C); and 

14 (C) by inserting after subparagraph (A) 

15 the following: 

16 ‘‘(B) are eligible to submit an application 

17 in accordance with subsection (d)(6)(D); or’’; 

18 and 

19 (7) in subsection (i)— 

20 (A) in paragraph (1), by striking 

21 ‘‘$50,000,000 for fiscal year 2019’’ and insert22 ing ‘‘$75,000,000 for fiscal year 2024’’; 

23 (B) in paragraph (2), by striking 

24 ‘‘$20,000,000 for fiscal year 2019’’ and insert25 ing ‘‘$30,000,000 for fiscal year 2024’’; and 


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1 (C) in paragraph (3)(B)— 

2 (i) by striking ‘‘Of the funds’’ and in3 serting the following: 

4 ‘‘(i) IN GENERAL.—Of the funds’’; 

5 and 

6 (ii) by adding at the end the fol7 lowing: 

8 ‘‘(ii) SIMPLIFIED APPLICATIONS.—Of 

9 the funds made available for grants under 

10 subsection (d)(6) for a fiscal year, not less 

11 than 25 percent, and not more than 50 

12 percent, shall be used to provide grants to 

13 eligible entities that submit an application 

14 in accordance with subsection (d)(6)(D).’’. 

15 SEC. 3. FUNDING FOR THE SENIORS FARMERS’ MARKET 

16 NUTRITION PROGRAM. 

17 Section 4402(a) of the Farm Security and Rural In18 vestment Act of 2002 (7 U.S.C. 3007(a)) is amended by 

19 striking ‘‘Of the funds’’ and all that follows through the 

20 period at the end and inserting the following: 

21 ‘‘(1) MANDATORY FUNDING.—Of the funds of 

22 the Commodity Credit Corporation, the Secretary of 

23 Agriculture shall use to carry out and expand the 

24 seniors farmers’ market nutrition program 


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1 $20,600,000 for each of fiscal years 2024 through 

2 2028. 

3 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this section $10,000,000 for each of fiscal years 

6 2024 through 2028.’’. 

7 SEC. 4. FEDERAL SHARE FOR ACTIVITIES UNDER GUS 

8 SCHUMACHER NUTRITION INCENTIVE PRO9 GRAM. 

10 Section 4405(b)(1)(C) of the Food, Conservation, 

11 and Energy Act of 2008 (7 U.S.C. 7517(b)(1)(C)) is 

12 amended by striking ‘‘50’’ and inserting ‘‘75’’. 

13 SEC. 5. PANEL TO REVIEW PRODUCE PRESCRIPTION PRO14 GRAM APPLICATIONS. 

15 Section 4405(c)(3) of the Food, Conservation, and 

16 Energy Act of 2008 (7 U.S.C. 7517(c)(3)) is amended by 

17 adding at the end the following: 

18 ‘‘(C) PANEL TO REVIEW APPLICATIONS.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall establish a panel— 

21 ‘‘(I) to review applications sub22 mitted to the Secretary pursuant to 

23 this paragraph; and 


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1 ‘‘(II) to make recommendations 

2 to the Secretary with respect to those 

3 applications. 

4 ‘‘(ii) MEMBERS.—The panel required 

5 under clause (i) shall include— 

6 ‘‘(I) at least 1 member with expe7 rience as a healthcare provider; and 

8 ‘‘(II) at least 1 member with ex9 perience administering health plans.’’. 

Æ 


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