I 
111TH CONGRESS 
2D SESSION 
H. R. 6462 
To amend the Department of Agriculture Reorganization Act of 1994 to 
establish in the Department of Agriculture a Healthy Food Financing 
Initiative. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 30, 2010 
Ms. SCHWARTZ
(for herself, Mr. BURGESS, Mr. BLUMENAUER, Ms. 
VELA´ZQUEZ, Mr. FATTAH, and Mr. RUSH) introduced the following bill; 
which was referred to the Committee on Agriculture 
A BILL 
To amend the Department of Agriculture Reorganization 
Act of 1994 to establish in the Department of Agri-
culture a Healthy Food Financing Initiative. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healthy Food Financ-
ing Initiative’’. 
SEC. 2. HEALTHY FOOD FINANCING INITIATIVE. 
(a) IN GENERAL.—Subtitle D of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 6951) 
is amended by adding at the end the following: 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
‘‘SEC. 242. HEALTHY FOOD FINANCING INITIATIVE. 
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish a program to improve access to healthy foods in 
underserved areas, to create and preserve quality jobs, and 
to revitalize low-income communities by providing loans 
and grants to eligible fresh, healthy food retailers to over-
come the higher costs and initial barriers to entry in un-
derserved, urban, suburban, and rural areas. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) COMMUNITY DEVELOPMENT FINANCIAL IN-
STITUTION.—The term ‘community development fi-
nancial institution’ has the meaning given the term 
in section 103 of the Community Development 
Banking and Financial Institutions Act of 1994 (12 
U.S.C. 4702). 
‘‘(2) FOOD ACCESS ORGANIZATION.—The term 
‘food access organization’ means a nonprofit organi-
zation with expertise in improving access to healthy 
food in underserved communities. 
‘‘(3) INITIATIVE.—The term ‘Initiative’ means 
the Healthy Food Financing Initiative established in 
the Department by subsection (c)(1). 
‘‘(4) LOCAL
FUNDS.—The term ‘local funds’ 
means the allocation of national funds and any other 
forms of financial assistance (including grants, 
loans, and equity investments) that are raised by 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
partnerships to carry out the purposes of this sec-
tion. 
‘‘(5) NATIONAL
FUNDS.—The term ‘national 
funds’ means any Federal appropriation made to 
carry out this section and any other forms of finan-
cial assistance (including grants, loans, and equity 
investments) that are raised by the national fund 
manager to carry out the purposes of this section. 
‘‘(6) NATIONAL
FUND
MANAGER.—The term 
‘national fund manager’ means a community devel-
opment financial institution in existence as of the 
date of enactment of this section and certified by the 
Community 
Development 
Financial 
Institutions 
Fund of the Department of the Treasury that is des-
ignated by the Secretary to manage the Initiative for 
purposes of— 
‘‘(A) raising private capital; 
‘‘(B) providing financial and technical as-
sistance to partnerships; and 
‘‘(C) funding eligible projects directly at 
the request of partnerships to attract fresh, 
healthy food retailers to underserved urban, 
suburban, and rural areas, in accordance with 
this section. 
‘‘(7) PARTNERSHIP.— 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
‘‘(A) IN
GENERAL.—The term ‘partner-
ship’ means a regional, State, or local public 
and private partnership that is organized to im-
prove access to fresh, healthy foods by pro-
viding financial and technical assistance to eli-
gible projects. 
‘‘(B) INCLUSIONS.—The term ‘partnership’ 
includes— 
‘‘(i) an unit of State, local, or tribal 
government or a quasi-public State or local 
government agency; 
‘‘(ii) a food access or community 
health organization committed to improv-
ing access to healthy foods; 
‘‘(iii) a community development finan-
cial institution or other organization that 
is capable of administering a loan and 
grant program in accordance with this sec-
tion; and 
‘‘(iv) other organizations interested in 
improving access to healthy foods in under-
served areas. 
‘‘(c) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established in the 
Department a Healthy Food Financing Initiative. 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
‘‘(2) MANAGEMENT.—Not later than 1 year 
after the date of enactment of this section, the Sec-
retary shall select and enter into a grant agreement 
with a national fund manager who shall be respon-
sible for the management of the Initiative nationally. 
‘‘(3) ELIGIBLE PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to the re-
quirements of this paragraph, the national fund 
manager shall establish the eligibility criteria 
for projects to be assisted by the Initiative. 
‘‘(B) REQUIREMENTS.—To be eligible to 
receive assistance through the Initiative, a 
project shall— 
‘‘(i) include a supermarket, grocery 
store, farmers market, or other fresh, 
healthy food retailer; 
‘‘(ii) consist of a for-profit business 
enterprise, a member- or worker-owned co-
operative, or a nonprofit organization; 
‘‘(iii) meet the eligibility criteria es-
tablished under this section; 
‘‘(iv) continue to be a viable business 
enterprise with a financial viability plan; 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
‘‘(v) require an investment of public 
funding to move forward and be competi-
tive; 
‘‘(vi) operate on a self-service basis; 
‘‘(vii) in accordance with subpara-
graph (C), expand or preserve the avail-
ability of healthy, fresh, high quality un-
prepared and unprocessed foods, particu-
larly fresh fruits and vegetables, in under-
served areas; and 
‘‘(viii) agree to accept benefits under 
the supplemental nutrition assistance pro-
gram established under the Food and Nu-
trition Act of 2008 (7 U.S.C. 2011 et 
seq.). 
‘‘(C) REQUIREMENTS.— 
‘‘(i) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) PERISHABLE FOOD.— 
‘‘(aa) IN
GENERAL.—The 
term ‘perishable food’ means food 
that is fresh, refrigerated, or fro-
zen. 
‘‘(bb) 
EXCLUSION.—The 
term ‘perishable food’ does not 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
include 
packaged 
or 
canned 
goods. 
‘‘(II) STAPLE FOOD.— 
‘‘(aa) IN
GENERAL.—The 
term ‘staple food’ means food 
that is a basic dietary item, in-
cluding bread, flour, fruits, vege-
tables, and meat. 
‘‘(bb) 
EXCLUSIONS.—The 
term ‘staple food’ does not in-
clude snack or accessory food 
(such as chips, soda, coffee, con-
diments, and spices) or ready-to- 
eat, prepared food. 
‘‘(III) VARIETY.—The term ‘vari-
ety’ means an assortment of different 
types of food items. 
‘‘(ii) IN GENERAL.—For purposes of 
subparagraph (B)(vii), to expand or pre-
serve the availability of fresh fruits and 
vegetables in underserved areas shall 
mean, with respect to a project, that the 
project maintains a store that— 
‘‘(I) carries a full line of fresh 
produce, as defined by the national 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
fund manager to reflect differences in 
project size and overall store size; 
‘‘(II) sells food for home prepara-
tion and consumption; and 
‘‘(III) at a minimum— 
‘‘(aa) offers for sale at least 
3 different varieties of food in 
each of the 4 staple food groups 
(bread and grains, dairy, fruits 
and vegetables, and meat, poul-
try, and fish), with perishable 
food in at least 2 categories, on 
a daily basis; or 
‘‘(bb) has a store at which 
at least 50 percent of the total 
sales of the store (including food 
and nonfood items or services) 
are from the sale of eligible sta-
ple food. 
‘‘(D) INCOME
CRITERIA.—Each eligible 
project shall be located in— 
‘‘(i) a low- or moderate-income census 
tract, as determined by the Bureau of the 
Census of the Department of Commerce; 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
‘‘(ii) a population census tract that is 
treated as a low-income community under 
section 45D(e) of the Internal Revenue 
Code of 1986; or 
‘‘(iii) an area that significantly serves 
an adjacent area that meets the criteria 
described in clause (i) or (ii), as approved 
by the national fund manager. 
‘‘(E) UNDERSERVED CRITERIA.— 
‘‘(i) 
IN
GENERAL.—Each 
eligible 
project shall be located in an underserved 
area, as determined by the partnerships 
according to criteria established by the na-
tional fund manager. 
‘‘(ii) 
FACTORS.—In 
determining 
whether an area is an underserved area, 
the following factors shall be taken into 
consideration: 
‘‘(I) Population density. 
‘‘(II) Below average supermarket 
density or sales. 
‘‘(III) Car ownership. 
‘‘(IV) Geographical or physical 
barriers, such as highways, moun-
tains, major parks, or bodies of water. 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
‘‘(iii) LOCATIONS.—On an annual 
basis, the national fund manager shall col-
lect data and publish maps that show the 
location of underserved areas. 
‘‘(4) PRIORITY PROJECTS.— 
‘‘(A) IN GENERAL.—Priority shall be given 
to projects that— 
‘‘(i) are located in severely distressed 
low-income communities, as defined by the 
Community Development Financial Insti-
tutions Fund of the Department of the 
Treasury; and 
‘‘(ii) include 1 or more of the fol-
lowing characteristics: 
‘‘(I) The project will create or re-
tain quality jobs in the community, as 
determined in accordance with sub-
paragraph (B). 
‘‘(II) The project has community 
support in terms of store quality, af-
fordability, site location, and coordina-
tion with local community plans or 
other programs promoting community 
and economic development. 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
‘‘(III) The project supports re-
gional food systems and locally grown 
foods, to the extent available. 
‘‘(IV) 
In 
major 
metropolitan 
areas, the project is associated with a 
transit-oriented development project. 
‘‘(V) In areas with public transit, 
the project is accessible by public 
transit. 
‘‘(VI) The project involves the 
reuse of a building that is listed in or 
eligible for the National Register of 
Historic Places. 
‘‘(VII) The project involves a 
brownfield or grayfield (as those 
terms are used in the Comprehensive 
Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.)). 
‘‘(VIII) The estimated energy 
consumption of the project, calculated 
using building energy software ap-
proved by the Department of Energy, 
will qualify the project for designation 
under the Energy Star program estab-
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
lished by section 324A of the Energy 
Policy and Conservation Act (42 
U.S.C. 6294a). 
‘‘(IX) 
The 
project 
involves 
women- and minority-owned busi-
nesses. 
‘‘(B) QUALITY
JOBS.—For purposes of 
subparagraph (A)(ii)(I), a quality job is a job 
that— 
‘‘(i) provides wages that are com-
parable to or better than similar positions 
in existing businesses of similar size in 
similar local economies; 
‘‘(ii) offers benefits that are com-
parable to or better than what is offered 
for similar positions in existing local busi-
nesses of similar size in similar local econo-
mies; and 
‘‘(iii) is targeted for residents of 
neighborhoods with a high proportion of 
persons of low income (as that term is de-
fined in section 102(a) of the Housing and 
Community Development Act of 1974 (42 
U.S.C. 5302(a))) through local targeted 
hiring programs. 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS
‘‘(d) DUTIES OF THE SECRETARY.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) designate a national fund manager to 
manage national funds; 
‘‘(B) oversee the Initiative nationally; 
‘‘(C) work closely with the designated na-
tional fund manager— 
‘‘(i) to ensure that funds are used ap-
propriately and in the most effective man-
ner practicable; and 
‘‘(ii) to develop the program strategy 
into a detailed work plan, program, and 
operating budget; 
‘‘(D) review and approve the operating 
budget for the national fund manager to ensure 
that the administrative costs are— 
‘‘(i) reasonable (not more than 5 per-
cent of the total budget); 
‘‘(ii) connected to the costs of oper-
ations; and 
‘‘(iii) reflect efficient operations by the 
national fund manager; and 
‘‘(E) make available to the public an an-
nual report, using data obtained from the De-
partment of Agriculture, the Department of 
VerDate Mar 15 2010 
05:31 Dec 01, 2010
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6462.IH
H6462
pwalker on DSKD5P82C1PROD with BILLS