I 
112TH CONGRESS 
1ST SESSION H. R. 3525 
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, 2011 
Ms. SCHWARTZ (for herself, Mr. BURGESS, and Mr. BLUMENAUER) 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. FINDINGS. 
Congress finds that— 
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(1)(A) the United States faces an obesity epi-
demic in which 30.5 percent of children ages 10 
through 17 are overweight or obese; 
(B) the obesity epidemic contributes to increas-
ing rates of chronic illness, including diabetes, heart 
disease, and cancer; and 
(C) the obesity epidemic cost the United States 
$147,000,000 in medical expenses in 2008, and this 
cost is expected to rise in the future; 
(2) the Reinvestment Fund estimates that al-
most 25,000,000 people in the United States live in 
low-income communities with limited access to su-
permarkets and grocery stores; 
(3) more than 130 studies show that— 
(A) access to healthy food is particularly a 
problem in hundreds of low-income, rural, and 
urban communities, as well as communities of 
color in the United States; and 
(B) the opportunity to access healthy food 
is linked to lower levels of obesity, diabetes, and 
other food-related chronic illnesses, leading to 
better health outcomes; 
(4)(A) children from low-income families are 
twice as likely to be overweight as children from 
higher income families; and 
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(B) African-American and Hispanic children 
are more likely than Caucasian children to be obese; 
(5) studies show that when healthy foods are 
available, people will increase consumption of fruits 
and vegetables; 
(6) leading public health experts, including the 
Centers for Disease Control and Prevention, the 
American Heart Association, the Institute of Medi-
cine, and the American Public Health Association, 
agree that providing improved access to super-
markets and grocery stores is needed to improve 
public health and prevent obesity; 
(7) developing high-quality fresh food retail out-
lets creates jobs, expands markets for agricultural 
producers in the United States, and supports eco-
nomic vitality in underserved communities; 
(8)(A) supermarkets and grocery stores often 
face barriers to opening stores in food deserts; 
(B) the supermarket industry operates on an 
historically thin profit margin; 
(C) according to the 2011 National Grocers As-
sociation Independent Grocers Survey, the average 
net profit margin before taxes for independent gro-
cers in 2010 was 1.08 percent; 
(D) urban operators face barriers, including— 
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(i) increased real estate costs or limited 
availability of suitable commercial real estate in 
the community; 
(ii) increased employee training needs and 
costs; 
(iii) elevated security expenses; and 
(iv) often zoning restrictions; 
(E) supermarkets and grocery stores in rural 
food deserts also face barriers, including increased 
food delivery costs due to distance from distributers, 
dispersed customer base, and low volume; and 
(F) access to affordable capital is a significant 
problem for both rural and urban projects; 
(9) by providing seed capital and technical as-
sistance, the Federal Government, through time-lim-
ited investments, can— 
(A) attract private sector investment to 
create and retain much-needed jobs; and 
(B) provide long-term, sustainable solu-
tions to the decades-old problem of limited ac-
cess to healthy food in underserved, low-income 
urban and rural communities; and 
(10) legislation establishing a national fund 
modeled on the successful Pennsylvania Fresh Food 
Financing Initiative will help address the obesity epi-
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demic while also creating much-needed jobs and eco-
nomic revitalization, and solving the healthy food ac-
cess problem in hundreds of communities across the 
United States. 
SEC. 3. 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: 
‘‘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-
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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 
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— 
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‘‘(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.— 
‘‘(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) a 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 
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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. 
‘‘(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; 
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‘‘(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; 
‘‘(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 foods, particularly fresh fruits 
and vegetables, in underserved 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.— 
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‘‘(aa) IN
GENERAL.—The 
term ‘perishable food’ means food 
that is fresh, refrigerated, or fro-
zen. 
‘‘(bb) 
EXCLUSION.—The 
term ‘perishable food’ does not 
include 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 
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‘‘(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. 
‘‘(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.)). 
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‘‘(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-
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 
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‘‘(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. 
‘‘(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); 
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‘‘(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 
Health and Human Services, and the Commu-
nity Development Financial Institutions, that 
describes the impacts of the Initiative, including 
tracking health and economic development indi-
cators at the local, State, and national levels to 
determine the impacts of individual projects 
and the collective impact in local areas and 
statewide of funded projects and the Initiative 
overall. 
‘‘(2) NATIONAL
FUND
MANAGER.—The Sec-
retary shall— 
‘‘(A) select the national fund manager 
through a competitive process from among com-
munity development financial institutions that 
have a proven and recent track record of suc-
cess and effectiveness in— 
‘‘(i) attracting private capital; 
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‘‘(ii) developing and managing pro-
grams that provide grants and loans to 
support supermarkets and other fresh, 
healthy food retail business enterprises in 
low- and moderate-income communities, in-
cluding the development of grocery stores, 
farmers markets, and other fresh, healthy 
food retail models; 
‘‘(iii) making and servicing loans that 
are similar to loans proposed in the Initia-
tive or having a record of otherwise suc-
cessfully investing in fresh, healthy food 
retail development projects; 
‘‘(iv) effectively managing multiple 
contracts and subcontractors; 
‘‘(v) effectively managing large capital 
pools, of at least $100,000,000; and 
‘‘(vi) providing or contracting for the 
provision of technical assistance; and 
‘‘(B) administer the Initiative by approving 
the disbursement of funds to the national fund 
manager in a manner that facilitates the imple-
mentation of the overall Initiative. 
‘‘(3) COORDINATION.— 
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‘‘(A) IN
GENERAL.—Not later than 45 
days after the date of receipt of an award, the 
national fund manager shall develop, with guid-
ance from and in consultation with the Sec-
retary, and submit to the Secretary, a detailed 
work plan. 
‘‘(B) APPROVAL
REQUIRED.—The Sec-
retary shall review and approve the work plan, 
program budget, and administrative costs under 
subsection (e)(4)(C) prior to entering into an 
agreement with the national fund manager to 
administer the Initiative. 
‘‘(4) PERFORMANCE TARGETS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct financial audits of, and establish per-
formance targets for, the national fund man-
ager, which shall include, at a minimum, the re-
quirements described in this paragraph. 
‘‘(B) GEOGRAPHIC SPREAD.—Partnerships 
funded by the Initiative shall be geographically 
diverse and representative of the underserved 
areas across the United States. 
‘‘(C) FOCUS
ON
LOW-INCOME
COMMU-
NITIES.—A substantial portion of the projects 
funded by partnerships shall serve very low- 
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and low-income communities, as defined by the 
Bureau of the Census of the Department of 
Commerce. 
‘‘(D) FINANCIAL EFFECTIVENESS OF THE 
NATIONAL FUND MANAGER.—The national fund 
manager and any local financial institution in-
volved in a partnership shall demonstrate on- 
going capacity and timeliness in raising private 
capital and disbursing funds as required under 
the Initiative. 
‘‘(E) TECHNICAL ASSISTANCE EFFECTIVE-
NESS OF THE NATIONAL FUND MANAGER.—The 
provision of technical assistance by the national 
fund manager shall be evaluated based on— 
‘‘(i) the responsiveness of the national 
fund manager to requests for assistance; 
and 
‘‘(ii) the ability of the national fund 
manager to craft programs that develop 
needed new capacities in partnerships. 
‘‘(F) IMPACT.—Performance targets shall 
address the allocation of funds by the national 
fund manager to partnerships and the tracking 
and reporting of the impacts of the funds in im-
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proving access to fresh, healthy foods and in 
achieving other related impacts. 
‘‘(e) DUTIES OF THE NATIONAL FUND MANAGER.— 
‘‘(1) ALLOCATION OF FUNDS.— 
‘‘(A) IN
GENERAL.—The national fund 
manager shall— 
‘‘(i) allocate at least 70 percent of any 
Federal appropriation made to carry out 
this section to partnerships that are se-
lected based on the criteria described in 
paragraph (3); and 
‘‘(ii) retain not more than 30 percent 
of any Federal appropriation made to 
carry out this section to undertake financ-
ing activities described in subparagraph 
(C), including a reasonable amount for ad-
ministrative costs (not to exceed 5 percent) 
approved by the Secretary in accordance 
with paragraph (4)(C). 
‘‘(B) USE OF THE NATIONAL FUNDS BY 
PARTNERSHIP PROGRAMS.— 
‘‘(i) IN GENERAL.—As a condition on 
the receipt of funds, each partnership shall 
use— 
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‘‘(I) the national funds received 
from the national fund manager under 
subparagraph (A)(i) to create 1 or 
more revolving loan programs or other 
revolving pools of capital or other 
products to facilitate financing of local 
projects as determined by the agree-
ment between the partnership and the 
national fund manager; and 
‘‘(II) any remaining funds for 
grants, or, as approved, for innovative 
financing mechanisms. 
‘‘(ii) LIMITATIONS.— 
‘‘(I) IN GENERAL.—Use of funds 
for administrative costs and other 
purposes shall be— 
‘‘(aa) limited in accordance 
with the terms of the agreement 
negotiated between the national 
fund manager and partnerships; 
‘‘(bb) based on whether ad-
ministrative costs are reasonable, 
connected to the costs of oper-
ation, and reflect efficient oper-
ations by the partnership; and 
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‘‘(cc) determined using cri-
teria including geographic cov-
erage, program duration, and 
total funding amount. 
‘‘(II) GOAL.—The goal of this 
clause to limit administrative costs to 
the maximum extent practicable, but 
in no case may the amount used for 
administrative costs exceed 10 percent 
of the Federal funds allocated. 
‘‘(C) USE OF THE NATIONAL FUNDS BY 
THE NATIONAL FUND MANAGER.—The national 
fund manager shall use national funds de-
scribed in subparagraph (A)(ii) to undertake fi-
nancing and other activities to enhance and 
maximize the effectiveness of the Initiative, as 
determined by the agreement with the Sec-
retary, including— 
‘‘(i) attracting other forms of financial 
assistance to match or leverage the na-
tional funds; 
‘‘(ii) awarding national funds to part-
nerships in accordance with paragraph (3); 
‘‘(iii) creating and managing pools of 
grant or loan capital that blend or leverage 
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national funds with other forms of finan-
cial assistance, including capital in the 
form of tax credits under section 45D of 
the Internal Revenue Code of 1986, for the 
benefit of partnerships; 
‘‘(iv) creating and managing pools of 
grant or loan capital that blend or leverage 
the national funds with other forms of fi-
nancial assistance, including capital in the 
form of tax credits under section 45D of 
the Internal Revenue Code of 1986, to fi-
nance eligible local projects identified by 
partnerships or the national fund manager 
that have special or unique characteristics; 
‘‘(v) providing loans or grants directly 
to eligible local projects as matching funds 
if requested by a partnership; 
‘‘(vi) providing credit enhancement or 
other financial products and instruments 
for the benefit of partnerships or eligible 
local projects; 
‘‘(vii) providing technical assistance; 
and 
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‘‘(viii) funding reasonable administra-
tive costs approved by the Secretary in ac-
cordance with paragraph (4)(C). 
‘‘(2) RESPONSIBILITIES
OF
THE
NATIONAL 
FUND
MANAGER.—The designated national fund 
manager shall— 
‘‘(A) raise other forms of financial assist-
ance to match or leverage the national funds; 
‘‘(B) use administrative funds to develop 
appropriate training programs and offer tech-
nical assistance services to— 
‘‘(i) partnerships; 
‘‘(ii) State, local, and tribal govern-
ments; 
‘‘(iii) the food retail industry; and 
‘‘(iv) food access and health advocacy 
organizations to augment local capacities; 
‘‘(C) develop financial products such as 
loans, grants, and credit enhancement tools 
that can be used by partnerships to incentivize 
and support the development and retention of 
supermarkets and other fresh, healthy food re-
tail in underserved areas; 
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