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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5616 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5616

 To promote and enhance urban agricultural production and agricultural 
            research in urban areas, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2014

Ms. Kaptur (for herself, Ms. Fudge, Ms. Moore, Ms. Norton, Ms. Matsui, 
Ms. Pingree of Maine, Mr. Ryan of Ohio, Mr. McGovern, Mr. Conyers, and 
Mr. Young of Alaska) introduced the following bill; which was referred 
                    to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
 To promote and enhance urban agricultural production and agricultural 
            research in urban areas, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Urban Agriculture 
Production Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Urban agriculture outreach program.
Sec. 4. Covering urban farmers and ranchers under Office of Advocacy 
                            and Outreach.
Sec. 5. Urban agriculture research initiative.
Sec. 6. Amending agriculture programs.
Sec. 7. Improving agricultural reporting.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Dramatic economic, demographic, and land use changes 
        have created pockets of arable land suitable for agricultural 
        production in and around urban areas of the United States.
            (2) Advances in agricultural practices make production 
        possible in and around urban areas that were previously 
        cordoned off from agricultural production.
            (3) There is a disconnect between daily urban life and food 
        production that urban agriculture can help address.
            (4) According to the Economic Research Service of the 
        Department of Agriculture, direct sales of agricultural 
        products have grown to $1,200,000,000 with 89 percent of all 
        sales coming from farms in urban metropolitan and adjacent 
        areas.
            (5) It is imperative to ensure that urban agricultural 
        production remains a viable option to help meet the food 
        production needs of the future.

SEC. 3. URBAN AGRICULTURE OUTREACH PROGRAM.

    (a) Grants Authorized.--The Secretary of Agriculture shall 
establish an urban agriculture outreach program under which the 
Secretary shall award grants to eligible entities to support outreach 
activities for any of the following:
            (1) Infrastructure, including distribution systems to 
        support new or expanded agricultural production in and around 
        urban areas (as defined in section 226B(a) of the Department of 
        Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(a))).
            (2) Land acquisition and land conversion to support new or 
        expanded agricultural production in and around urban areas, 
        including in and around brownfields and other underutilized 
        tracts of land.
            (3) Education and training to enhance agricultural 
        production in and around urban areas.
            (4) Providing assistance to farmers or ranchers in urban 
        areas with respect to the aggregation of the farmer's or 
        rancher's products and supplies for purposes of transportation 
        to market.
            (5) Other activities that support urban agricultural 
        production as determined by the Secretary.
    (b) Term of Grant.--
            (1) In general.--The term of a grant awarded under this 
        section shall be not less than one year.
            (2) Renewals.--A grant awarded under this section may be 
        renewed at the discretion of the Secretary.
    (c) Priority.--In awarding grants under this section, the Secretary 
shall give a preference to eligible entities seeking a grant for 
outreach activities to be carried out in historically underserved 
communities (as defined by the Secretary).
    (d) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a community organization;
                    (B) a nonprofit organization;
                    (C) a municipality;
                    (D) a local educational agency (as defined in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801));
                    (E) an institution of higher education (as defined 
                in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801)); or
                    (F) any other entity as determined by the Secretary 
                of Agriculture.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for fiscal year 2015 
and each fiscal year thereafter.

SEC. 4. COVERING URBAN FARMERS AND RANCHERS UNDER OFFICE OF ADVOCACY 
              AND OUTREACH.

    Section 226B of the Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 6934) is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraphs:
            ``(4) Urban area.--The term `urban area' means an area 
        within a Metropolitan Statistical Area (as defined by the 
        Office of Management and Budget).
            ``(5) Urban farmer or rancher.--The term `urban farmer or 
        rancher' means a farmer or rancher who owns or operates a farm 
        or ranch in an urban area.'';
            (2) in subsection (b)(1)--
                    (A) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively; and
                    (B) by inserting after clause (i) the following new 
                clause:
                            ``(ii) urban farmers or ranchers;'';
            (3) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``and socially disadvantaged farmers or 
                ranchers'' and inserting ``socially disadvantaged 
                farmers or ranchers, and urban farmers or ranchers'';
                    (B) in paragraph (1), by striking ``or socially 
                disadvantaged'' and inserting ``socially disadvantaged, 
                or urban'';
                    (C) in paragraph (5), by striking ``and socially 
                disadvantaged farmers or ranchers'' and inserting 
                ``socially disadvantaged farmers or ranchers, and urban 
                farmers or ranchers''; and
                    (D) in paragraph (6), by inserting ``directly'' 
                after ``programs'';
            (4) by redesignating subsection (f) as subsection (g); and
            (5) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Urban Farmers and Ranchers Group.--
            ``(1) Establishment.--The Secretary shall establish within 
        the Office the Urban Farmers and Ranchers Group.
            ``(2) Membership.--
                    ``(A) In general.--The Urban Farmers and Ranchers 
                Group shall be composed of--
                            ``(i) seven employees of the Department of 
                        Agriculture, each of whom shall represent a 
                        distinct mission area of the Department; and
                            ``(ii) such other officers or employees of 
                        the United States as the Secretary determines 
                        are necessary.
                    ``(B) Pay.--Officers and employees of the United 
                States shall not receive additional compensation for 
                service as a member of the Group.
            ``(3) Duties.--The Urban Farmers and Ranchers Group shall--
                    ``(A) carry out and administer the urban 
                agriculture outreach program established under section 
                3 of the Urban Agriculture Production Act;
                    ``(B) establish and administer an information 
                clearinghouse on agricultural activities in urban 
                areas, including best practices;
                    ``(C) consult with public and private groups, 
                including research institutions, on how to enhance 
                agricultural production in urban areas; and
                    ``(D) provide technical assistance to urban farmers 
                and ranchers to assist such farmers and ranchers 
                (including urban gardeners)--
                            ``(i) in identifying appropriate land, 
                        space, or buildings for lease or purchase;
                            ``(ii) in preparing loan applications, 
                        identifying appropriate funding sources, and by 
                        connecting such farmers and ranchers with loan 
                        officers and other appropriate personnel;
                            ``(iii) in connecting to the network of 
                        farmers' markets throughout the United States;
                            ``(iv) in diversifying the marketing plans 
                        of the farmers' or ranchers' products by 
                        encouraging the formation of community-
                        supported agriculture groups and direct 
                        wholesale opportunities;
                            ``(v) by providing for business development 
                        and management activities, including 
                        professional development activities;
                            ``(vi) with understanding and navigating 
                        municipal laws, regulations, ordinances, and 
                        policies with respect to obtaining permits, 
                        zoning, and water access;
                            ``(vii) with registering the farming 
                        business of such farmers or ranchers, 
                        satisfying any legal requirements applicable to 
                        such registration (including obtaining licenses 
                        and registrations), and organizing an 
                        appropriate business structure; and
                            ``(viii) in establishing relationships with 
                        a wide range of field partners and in finding 
                        resources to assist such farmers or ranchers 
                        achieve efficient and viable production.''.

SEC. 5. URBAN AGRICULTURE RESEARCH INITIATIVE.

    (a) In General.--The Secretary of Agriculture shall award grants, 
on a competitive basis, for scientific research on promoting and 
enhancing agricultural production in urban areas (as defined in section 
226B(a) of the Department of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6934(a))), including, with respect to improving production 
efficiency, production, and profitability--
            (1) marketing new innovations and technologies;
            (2) methods to protect crops and agricultural products from 
        pests and disease;
            (3) methods to enhance food safety related to production; 
        and
            (4) other research areas the Secretary determines are 
        appropriate.
    (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to the Committee 
on Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate, and make publicly 
available on the Internet site of the Department of Agriculture, a 
report summarizing the research conducted under subsection (a).
    (c) Funding.--Of the funds of the Commodity Credit Corporation, the 
Secretary shall make available to carry out this section $20,000,000 
for each of fiscal years 2015 through 2018.

SEC. 6. AMENDING AGRICULTURE PROGRAMS.

    (a) Expansion of the Farmers' Market Promotion Program.--
            (1) Promotion program establishment.--Section 6(a) of the 
        Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 
        3005(a)) is amended--
                    (A) by inserting ``, loans, or loan guarantees'' 
                after ``make grants'';
                    (B) by inserting ``or activities'' after 
                ``projects''; and
                    (C) by striking ``development of local food 
                business enterprises.'' and inserting the following: 
                ``development of local food business enterprises, 
                including--
            ``(1) projects for the construction of new farmers' 
        markets;
            ``(2) projects for the improvement or rehabilitation of 
        existing farmers' markets;
            ``(3) projects for the acquisition of equipment for 
        farmers' markets and other infrastructure needs;
            ``(4) projects for the purchase, acquisition, and 
        rehabilitation of land or property for use as a farmers' 
        market;
            ``(5) activities carried out through agri-tourism 
        initiatives;
            ``(6) marketing and advertising activities;
            ``(7) transportation and delivery activities;
            ``(8) education and outreach and activities to encourage 
        farmers' markets participation in Federal and State food and 
        nutrition assistance programs;
            ``(9) business development and management activities, 
        including professional development activities;
            ``(10) projects for the establishment of satellite 
        locations of existing farmers' markets designed to increase 
        sales in areas not easily accessible through traditional 
        transportation; and
            ``(11) activities carried out through planning and 
        feasibility initiatives for new or expanding farmers' 
        markets.''.
            (2) Purposes.--Section 6 of the Farmer-to-Consumer Direct 
        Marketing Act of 1976 (7 U.S.C. 3005) is amended--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsections (c), (d), and (e) 
                as subsections (b), (c), and (d), respectively.
            (3) Eligibility.--Subsection (b) of section 6 of the 
        Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005) 
        (as so redesignated) is amended--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``, loan, or loan guarantee'' after 
                ``grant'';
                    (B) by striking paragraph (1) and inserting the 
                following new paragraph:
            ``(1) a State government agency;'';
                    (C) in paragraph (2), by inserting ``agency'' after 
                ``government'';
                    (D) by striking paragraphs (4) and (5);
                    (E) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) an operator of a farmers' market;''; and
                    (F) by redesignating paragraphs (6) and (7) as 
                paragraphs (5) and (6), respectively.
            (4) Priorities.--Subsection (d)(1) of section 6 of the 
        Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 
        3005), as redesignated by paragraph (2)(B), is amended by 
        inserting ``or an urban area (as defined in section 226B(a) of 
        the Department of Agriculture Reorganization Act of 1994 (7 
        U.S.C. 6934(a)))'' after ``regionally grown foods''.
            (5) Interest rate; application; condition.--Section 6 of 
        the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 
        3005), as amended by paragraph (2), is further amended--
                    (A) by redesignating subsections (f) and (g) as 
                subsections (h) and (i), respectively; and
                    (B) by inserting after subsection (d) (as 
                redesignated by paragraph (2)(B)) the following new 
                subsections:
    ``(e) Interest Rate.--
            ``(1) In general.--The interest rate on a loan under this 
        section (other than a loan guarantee under this section) shall 
        be as determined by the Secretary, but not less than such rate 
        as determined by the Secretary of the Treasury taking into 
        consideration the current average market yield on outstanding 
        marketable obligations of the United States with remaining 
        periods to maturity comparable to the maturities of such loan, 
        as determined by the Secretary of the Treasury on the date the 
        loan is made.
            ``(2) Duration.--The interest rate for each loan under this 
        section shall remain in effect for the term of the loan.
    ``(f) Application.--An eligible entity seeking a grant, loan, or 
loan guarantee under this section shall submit to the Secretary an 
application in such time and in such manner and containing such 
information as the Secretary may require, including documentation 
demonstrating the financial need of the entity.
    ``(g) Condition.--As a condition of receiving a grant, loan, or 
loan guarantee under this section, a recipient of such a grant, loan, 
or loan guarantee shall certify that the recipient will reserve, for 
the sale of locally produced food products (as determined by the 
Secretary) produced by farmers, ranchers, or aquaculture, mariculture, 
or fisheries operators, or by associations of farmers, ranchers, or 
those operators, not less than 50 percent of the floor area of a 
farmers' market--
            ``(1) that is operated or facilitated by the recipient; and
            ``(2) with respect to which grant or loan funds will be 
        used.''.
            (6) Funding.--Subsection (i) of section 6 of the Farmer-to-
        Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005) (as 
        redesignated by paragraph (4)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking 
                        ``each of fiscal years 2014 through 2018.'' and 
                        inserting ``fiscal year 2014; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(E) $50,000,000 for each of fiscal years 2015 
                through 2018.'';
                    (B) by striking paragraph (4) and inserting the 
                following new paragraph:
            ``(4) Use of funds.--
                    ``(A) EBT.--Not less than 10 percent of the funds 
                used to carry out this section in a fiscal year under 
                paragraph (1) or (3) shall be used to support the use 
                of electronic benefits transfers for Federal nutrition 
                programs at farmers' markets.
                    ``(B) Grants.--Not less than 70 percent of the 
                funds made available to carry out this section in a 
                fiscal year shall be used to make grants to eligible 
                entities.''; and
                    (C) in paragraph (5)--
                            (i) in the heading, by inserting 
                        ``technical assistance and'' before 
                        ``administrative expenses''; and
                            (ii) by inserting ``to provide technical 
                        assistance or'' before ``for administrative 
                        expenses''.
    (b) Extension of and Additional Funding for Seniors Farmers' Market 
Nutrition Program.--
            (1) Extension of program.--Section 4402(a) of the Farm 
        Security and Rural Investment Act of 2002 (7 U.S.C. 3007(a)) is 
        amended to read as follows:
    ``(a) Establishment.--The Secretary of Agriculture shall use funds 
available to the Commodity Credit Corporation to carry out and expand a 
seniors farmers' market nutrition program in the following amounts:
            ``(1) For fiscal year 2015, $25,000,000.
            ``(2) For fiscal year 2016, $50,000,000.
            ``(3) For fiscal year 2017, $75,000,000.
            ``(4) For each of fiscal years 2018 through 2020, 
        $100,000,000.''.
            (2) Purposes.--Section 4402(b)(1) of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 3007(b)(1)) is amended--
                    (A) by striking ``unprepared'' and inserting 
                ``minimally processed''; and
                    (B) by striking ``and herbs'' and inserting 
                ``herbs, and other locally produced farm products, as 
                the Secretary considers appropriate,''.
            (3) Administrative costs; unexpended funds.--Section 4402 
        of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
        3007) is amended by adding at the end the following:
    ``(h) Administrative Costs.--Not more than 10 percent of the funds 
made available for a fiscal year under subsection (a) may be used to 
pay administrative costs incurred in carrying out this section.
    ``(i) Unexpended Funds.--To the extent the funds made available 
under subsection (a) for a fiscal year are not expended in that fiscal 
year, the Secretary shall use such funds in a subsequent fiscal year 
for the same purpose.
    ``(j) Priorities.--In providing funds made available under this 
section, the Secretary shall give priority to farmers' markets that 
have an operational seniors farmers' market program and to seniors 
farmers' markets programs in historically underserved communities (as 
defined by the Secretary).''.
    (c) Community Food Projects.--Section 25 of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2034) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (B)--
                            (i) in clause (i)--
                                    (I) by striking ``(i)(I)'' and 
                                inserting the following:
                    ``(A)(i)'';
                                    (II) by striking ``(II)'' and 
                                inserting the following:
                            ``(ii)''; and
                                    (III) by striking ``(III)'' and 
                                inserting the following:
                            ``(iii)''; and
                            (ii) in clause (ii)--
                                    (I) by striking ``(ii)(I)'' and 
                                inserting the following:
                    ``(B)(i)'';
                                    (II) by striking ``(II)'' and 
                                inserting the following:
                            ``(ii)''; and
                                    (III) by striking ``(III)'' and 
                                inserting the following:
                            ``(iii)''; and
                    (B) by striking ``that--'' and all that follows 
                through ``(B) is'' and inserting ``that is--''; and
            (2) in subsection (b)(2)(C), by striking ``$9,000,000'' and 
        inserting ``$10,000,000''.

SEC. 7. IMPROVING AGRICULTURAL REPORTING.

    (a) Evaluation of Farmers' Markets in Census of Agriculture.--
Section 2(a) of the Census of Agriculture Act of 1997 (7 U.S.C. 
2204g(a)) is amended by adding at the end the following new paragraph:
            ``(3) Inclusion of farmers' markets.--Effective beginning 
        with the first census of agriculture conducted after the date 
        of the enactment of the Urban Agriculture Production Act, the 
        Secretary shall include as part of each census of agriculture--
                    ``(A) an evaluation of the state of farmers' 
                markets in the United States, including information 
                regarding the size, location, operational capacity, and 
                geographic dispersion of farmers' markets and types of 
                food products sold (both in terms of product diversity 
                and sales locations) through farmers' markets; and
                    ``(B) an analysis of the economic impact of 
                farmers' markets, including the success of Federal 
                programs in promoting and supporting farmers' 
                markets.''.
    (b) Coordinated Annual Report on Farmers' Markets.--Beginning on 
the date that is 90 days after the date of the enactment of this Act 
and each year thereafter, the Secretary of Agriculture shall submit to 
Congress and publish on the Internet site of the Department of 
Agriculture a report on the status of farmers' markets in the United 
States. Such report shall include with respect to farmers' markets in 
the United States for each year, the following information:
            (1) The number of farmers' markets.
            (2) The number of farmers' markets established during such 
        year except that for the first year a report is submitted under 
        this section, the report shall include the number of farmers' 
        markets for the five years immediately preceding the first 
        reporting year.
            (3) The economic value of an average farmers' market.
            (4) The type of governmental assistance provided to 
        farmers' markets.
            (5) The products that are typically sold at farmers' 
        markets.
            (6) The number of farmers' markets that accept as a form of 
        payment benefits distributed through--
                    (A) the supplemental nutrition assistance program 
                established under the Food and Nutrition Act of 2008 (7 
                U.S.C. 2011 et seq.);
                    (B) the seniors farmers' market nutrition program 
                established under section 4402 of the Farm Security and 
                Rural Investment Act of 2002 (7 U.S.C. 3007);
                    (C) the special supplemental nutrition program for 
                women, infants, and children established under section 
                17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); 
                and
                    (D) any other Federal or State nutrition assistance 
                program as determined appropriate by the Secretary.
            (7) The methods through which farmers' markets process the 
        forms of payment described in paragraph (6).
            (8) The average income of a farmers' market operator.
            (9) The average profit of a farmers' market operator.
            (10) The average expense of a farmers' market operator.
            (11) Other occupations of operators of farmers' markets.
            (12) The percentage of food at farmers' markets that is 
        locally produced.
            (13) Any other information related to farmers' markets in 
        the United States that the Secretary determines is important to 
        promote and enhance the use of farmers' markets.
    (c) Report on Status of Agricultural Production in and Around Urban 
Areas.--Not later than 90 days after the date of the enactment of this 
Act and not later than 90 days after the end of each fiscal year 
thereafter, the Secretary of Agriculture shall submit a report to 
Congress (and make such report publicly available electronically) on 
the status of agricultural production in urban areas (as defined in 
section 226B(a) of the Department of Agriculture Reorganization Act of 
1994 (7 U.S.C. 6934(a))). The report shall include--
            (1) with respect to agricultural production in urban areas, 
        information on--
                    (A) the percentage and economic value of such 
                production;
                    (B) the most popular type of agricultural activity 
                in which individuals are engaged in such production;
                    (C) the most recent best practices for such 
                production;
                    (D) the type of agricultural products marketed and 
                sold through such production; and
                    (E) the progress made toward strengthening local 
                food systems in carrying out such production;
            (2) an analysis of local government regulations, including 
        zoning, that have supported or could support sustainable 
        agricultural production in urban areas; and
            (3) recommendations on how to further agricultural 
        production in urban areas.
    (d) Performance Goals.--The Secretary of Agriculture shall 
incorporate promoting and enhancing agricultural production in urban 
areas into the Department of Agriculture performance goals established 
in the agency performance plan under section 1115 of title 31, United 
States Code, and updated in accordance with section 1116 of such title.
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