Food Deserts Act

Subjects: Agriculture and Food


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1230 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1230

  To direct the Secretary of Agriculture to make grants to States to 
     support the establishment and operation of grocery stores in 
            underserved communities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2023

   Mr. Carson (for himself, Mr. Khanna, Ms. Kaptur, Mr. Thompson of 
 Mississippi, Mr. Takano, Mr. Green of Texas, Ms. Norton, Mr. Doggett, 
Mr. Payne, Ms. Blunt Rochester, Ms. Titus, Mr. Johnson of Georgia, Mrs. 
 Watson Coleman, Mrs. Beatty, Mrs. Cherfilus-McCormick, Ms. Stansbury, 
Mr. Cuellar, Mr. DeSaulnier, Ms. Lee of California, Ms. Schakowsky, Mr. 
Garamendi, Mr. Moulton, Ms. Scholten, Mr. Davis of Illinois, Mr. Larson 
   of Connecticut, Ms. Clarke of New York, Mr. Vargas, Ms. Ross, Mr. 
 Tonko, Mr. Gallego, Mr. Soto, Ms. Barragan, Mr. Cleaver, Ms. Tokuda, 
 and Mr. Carter of Louisiana) introduced the following bill; which was 
                referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Agriculture to make grants to States to 
     support the establishment and operation of grocery stores in 
            underserved communities, 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 ``Food Deserts Act''.

SEC. 2. GRANT PROGRAM TO ESTABLISH GROCERY STORES IN UNDERSERVED 
              COMMUNITIES.

    (a) Establishment of Grant Program.--The Secretary shall establish 
a program to provide capitalization grants to States for the purpose of 
establishing revolving funds to support the establishment and operation 
of grocery stores in underserved communities.
    (b) Administration.--A State receiving funds under this Act shall 
administer the revolving fund of the State through an instrumentality 
of the State with such powers and limitations as may be required to 
operate such fund in accordance with the requirements of this Act.
    (c) Projects and Activities Eligible for Assistance.--Amounts in a 
revolving fund shall be used for the purpose of making loans--
            (1) to open a grocery store in an underserved community, 
        except that such loan may not be used for the purpose of new 
        construction;
            (2) to support the operations of an existing grocery store 
        in an underserved community;
            (3) to provide access to healthy food; or
            (4) to support the operations of a program participant that 
        is located in a community that would be an underserved 
        community if the program participant was not located in such 
        community.
    (d) Grocery Stores Eligible for Assistance.--
            (1) Required criteria.--A State receiving a capitalization 
        grant under this Act may only make a loan from the revolving 
        fund of the State to an entity that the State determines--
                    (A) is a grocery store or will be a grocery store 
                after opening;
                    (B) emphasizes or will emphasize unprocessed, 
                healthful foods;
                    (C) provides or will provide a variety of raw 
                fruits and vegetables;
                    (D) provides or will provide staple foods;
                    (E) has a plan to keep such foods in stock to the 
                extent possible;
                    (F) charge affordable at or below market values;
                    (G) either--
                            (i) is demonstrably qualified to operate a 
                        grocery store; or
                            (ii) at the time of such application, has 
                        existing partnerships with organizations that 
                        provide technical assistance on business 
                        operations of food services; and
                    (H) will match no less than 20 percent, from non-
                Federal funds, of the amount of such loan.
            (2) Priority criteria.--A State shall prioritize an 
        application for a loan from the revolving fund of the State 
        from an entity that the State determines--
                    (A) hires or plans to hire workers who reside 
                within the underserved community that would be served 
                by the entity;
                    (B) provides or plans to provide classes or other 
                educational information about a healthful diet;
                    (C) sources or plans to source food from local 
                urban farms and gardens; and
                    (D) demonstrates existing supply chain 
                relationships in the grocery industry.
    (e) Application.--An entity that desires a loan from a revolving 
fund of a State shall submit an application to the State at such time, 
in such manner, and containing such information as the State may 
require.
    (f) Loan Conditions.--
            (1) In general.--A loan distributed from a revolving fund 
        by a State may be used by a program participant only for the 
        purposes specified in subsection (c).
            (2) Interest rates.--A loan distributed by a State from a 
        revolving fund--
                    (A) shall be made at or below market interest 
                rates; and
                    (B) may be an interest free loan, at terms not to 
                exceed the lesser of 30 years or the projected useful 
                life (as determined by the State) of the project to be 
                financed with the proceeds of the loan.
            (3) Structure of loan.--A loan may be distributed from a 
        revolving fund by a State to a program participant in--
                    (A) a lump sum; or
                    (B) in multiple distributions over a period of 
                years, if the State determines multiple distributions 
                are necessary to carry out the project.
            (4) Loan amount.--A State may not provide a loan to a 
        program participant from the revolving fund of the State in a 
        fiscal year that exceeds 10 percent of the amount available 
        from the fund for making distributions in that fiscal year.
            (5) Payments.--Annual principal and interest payments on a 
        loan received from a revolving fund of a State shall commence 
        not later than 1 year after the loan is disbursed to the 
        program participant and all loans will be fully amortized upon 
        the expiration of the term of the loan.
            (6) Revenue for repayment.--A program participant shall 
        establish a dedicated source of revenue for repayment of a loan 
        received from a revolving fund of a State.
            (7) Crediting revolving fund.--A revolving fund of a State 
        shall be credited with all payments of principal and interest 
        on all loans made from the revolving fund.
    (g) Administration Costs.--A State shall charge a program 
participant an administrative fee of not more than 4 percent of the 
loan amount. The State shall use the fees to administer the revolving 
fund and conduct administration activities under this Act.
    (h) Technical Assistance.--The Secretary shall provide technical 
assistance to program participants to assist with sourcing of food, 
food storage, and other operational requirements.
    (i) Bankruptcy.--In the case of the bankruptcy of a program 
participant, amounts owed on a loan from a revolving fund shall be 
afforded precedence over other debt.
    (j) Change in Underserved Status.--In the case of a community that 
qualified as underserved during a period in which loans were made by a 
State pursuant to this section and no longer qualifies as underserved, 
recipients of loans under this section in such community--
            (1) shall not be eligible for further loans under this 
        section; and
            (2) may not have their loan agreements altered.
    (k) Grocery Store Earnings.--Earnings of a nonprofit organization 
or municipally owned program participant that are attributable to a 
loan received from a revolving fund of a State shall be used for 
reinvestment into the program participant or to support the continuity 
of operations of the program participant.

SEC. 3. CAPITALIZATION GRANTS TO FUND STATE REVOLVING FUNDS.

    (a) Eligibility of State for Capitalization Grant.--To be eligible 
for a capitalization grant, a State shall--
            (1) establish a revolving fund that complies with the 
        requirements of this Act; and
            (2) establish a process for applications and criteria for 
        making loans from the revolving fund, subject to the 
        requirements in section 2(d).
    (b) Upon Receipt of Capitalization Grant.--Upon the receipt of a 
capitalization grant, a State shall deposit such capitalization grant 
into the revolving fund of the State.
    (c) Distribution.--For a fiscal year, the Secretary shall apportion 
amounts made available for capitalization grants under this section 
among the States eligible under subsection (a) in the ratio that--
            (1) the population of underserved communities in each State 
        eligible under subsection (a), bears to
            (2) the population of underserved communities in all States 
        eligible under subsection (a).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$150,000,000 for fiscal year 2022.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Capitalization grant.--The term ``capitalization 
        grant'' means a grant made to a State under the program.
            (2) Healthful food.--The term ``healthful food'' means food 
        that reflects the most recent Dietary Guidelines for Americans.
            (3) Grocery store.--The term ``grocery store'' means a 
        retail store that derives income primarily from the sale of 
        food for home preparation and consumption.
            (4) Program.--The term ``program'' means the program 
        described in section 2(a).
            (5) Program participant.--The term ``program participant'' 
        means an entity that has received a loan under the program.
            (6) Revolving fund.--The term ``revolving fund'' means a 
        fund established by a State for use as a depository for a 
        capitalization grant.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) Staple food.--The term ``staple food'' has the meaning 
        given the term in section 243(b) of the of the Department of 
        Agriculture Reorganization Act of 1994 (7 U.S.C. 6953(b)).
            (9) State.--The term ``State'' means States of the Union, 
        the District of Columbia, Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, and the Northern Mariana Islands.
            (10) Underserved community.--The term ``underserved 
        community'' has the meaning given the term in section 
        310B(g)(9)(A) of the Consolidated Farm and Rural Development 
        Act (7 U.S.C. 1932(g)(9)(A)).
                                 &lt;all&gt;
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