I 
111TH CONGRESS 
1ST SESSION H. R. 3100 
To establish the Food Desert Oasis Pilot Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2009 
Mr. RUSH (for himself, Mr. DAVIS of Illinois, Mr. JOHNSON of Georgia, Ms. 
KILPATRICK of Michigan, Mr. CLAY, Mr. COHEN, Ms. FUDGE, Ms. NOR-
TON, Mr. SCOTT of Virginia, Mr. LEWIS of Georgia, Mr. JACKSON of Illi-
nois, Ms. JACKSON-LEE of Texas, Mr. CLEAVER, and Mr. CARSON of In-
diana) introduced the following bill; which was referred to the Committee 
on Ways and Means, and in addition to the Committee on Agriculture, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To establish the Food Desert Oasis Pilot Program, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Food Desert Oasis Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
TITLE I—FOOD DESERT OASIS PILOT PROGRAM 
Sec. 101. Food Desert Zones; qualified food desert businesses. 
Sec. 102. Increase in rehabilitation tax credit for qualified food desert busi-
nesses. 
Sec. 103. Food desert employment tax credit. 
Sec. 104. Food desert tax exempt facility bonds. 
TITLE II—HUNGER-FREE COMMUNITIES GRANTS EXTENSION 
AND ENHANCEMENT 
Sec. 201. Expansion of hunger-free communities program. 
TITLE III—REPORTS TO CONGRESS ON PILOT PROGRAM 
Sec. 301. Reports to Congress on pilot program. 
TITLE I—FOOD DESERT OASIS 
PILOT PROGRAM 
SEC. 101. FOOD DESERT ZONES; QUALIFIED FOOD DESERT 
BUSINESSES. 
(a) FOOD DESERT ZONES.—Each of the following 
shall be treated as a separate Food Desert Zone: 
(1) Chicago, Illinois. 
(2) Detroit, Michigan. 
(3) Cleveland, Ohio. 
(4) Milwaukee, Wisconsin. 
(5) Houston, Texas. 
(6) Memphis, Tennessee. 
(7) Birmingham, Alabama. 
(8) San Antonio, Texas. 
(9) Kansas City, Missouri. 
(10) Indianapolis, Indiana. 
(11) Baltimore, Maryland 
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(12) Atlanta, Georgia. 
(13) Richmond, Virginia. 
(14) Los Angeles, California. 
(15) Cincinnati, Ohio. 
(16) St. Louis, Missouri. 
(17) Nashville, Tennessee. 
(18) District of Columbia. 
(19) Philadelphia, Pennsylvania. 
(20) New Orleans, Louisiana. 
(b) QUALIFIED FOOD DESERT BUSINESS.—For pur-
poses of this Act, the term ‘‘qualified food desert busi-
ness’’ means any taxpayer for any taxable year if such 
taxpayer— 
(1) is in the trade or business of selling prod-
ucts at wholesale or retail, and 
(2) at least 25 percent of such taxpayer’s gross 
receipts from such trade or business are derived 
from the sale of fresh fruits and vegetables. 
For purposes of this subsection, all persons treated as a 
single employer under subsection (b), (c), (m), or (o) of 
section 414 of the Internal Revenue Code of 1986 shall 
be treated as 1 taxpayer. 
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SEC. 102. INCREASE IN REHABILITATION TAX CREDIT FOR 
QUALIFIED FOOD DESERT BUSINESSES. 
(a) IN GENERAL.—In the case of qualified rehabilita-
tion expenditures (as defined in section 47(c) of the Inter-
nal Revenue Code of 1986) paid or incurred by a qualified 
food desert business during the period beginning on the 
date of the enactment of this Act and ending on December 
31, 2012, with respect to any qualified building, sub-
section (a) of section 47 of such Code (relating to rehabili-
tation credit) shall be applied— 
(1) by substituting ‘‘13 percent’’ for ‘‘10 per-
cent’’ in paragraph (1) thereof, and 
(2) by substituting ‘‘26 percent’’ for ‘‘20 per-
cent’’ in paragraph (2) thereof. 
(b) QUALIFIED BUILDING.—For purposes of this sec-
tion, the term ‘‘qualified building’’ means any qualified re-
habilitated building or certified historic structure (as de-
fined in section 47(c) of such Code) which— 
(1) is located in a Food Desert Zone, and 
(2) is used by the qualified food desert business 
in carrying on the trade or business referred to in 
section 101(b). 
SEC. 103. FOOD DESERT EMPLOYMENT TAX CREDIT. 
(a) IN GENERAL.—Subject to the modifications in 
subsection (b), a Food Desert Zone shall be treated as 
an empowerment zone for purposes of section 1396 of the 
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Internal Revenue Code of 1986 with respect to wages paid 
or incurred after the date of the enactment of this Act 
and before December 31, 2015. 
(b) MODIFICATIONS.—In applying section 1396 of 
such Code to Food Desert Zones, only qualified food 
desert businesses shall be treated as employers. 
SEC. 104. FOOD DESERT TAX EXEMPT FACILITY BONDS. 
(a) IN GENERAL.—For purposes of the Internal Rev-
enue Code of 1986, any qualified food desert bond shall 
be treated as an exempt facility bond. 
(b) QUALIFIED FOOD DESERT BOND.—For purposes 
of this section, the term ‘‘qualified food desert bond’’ 
means any bond issued as part of an issue if— 
(1) 95 percent or more of the net proceeds (as 
defined in section 150(a)(3) of such Code) of such 
issue are to be used for qualified project costs, 
(2) such bond is issued by the State (or any po-
litical subdivision thereof) in which the property re-
ferred to in subsection (d) is located, 
(3) such bond is designated for purposes of this 
section by— 
(A) in the case of a bond which is required 
under State law to be approved by the bond 
commission of such State, such bond commis-
sion, and 
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(B) in the case of any other bond, the Gov-
ernor of such State, 
(4) such bond is issued after the date of the en-
actment of this section and before January 1, 2016, 
and 
(5) no portion of the proceeds of such issue is 
to be used to provide any property described in sec-
tion 144(c)(6)(B) of such Code. 
(c) LIMITATIONS ON BONDS.— 
(1) AGGREGATE
AMOUNT
DESIGNATED.—The 
maximum aggregate face amount of bonds which 
may be designated under this section with respect to 
any Food Desert Zone shall not exceed $20,000,000. 
(2) MOVABLE PROPERTY.—No bonds shall be 
issued which are to be used for movable fixtures and 
equipment. 
(d) QUALIFIED PROJECT COSTS.—For purposes of 
this section, the term ‘‘qualified project costs’’ means the 
cost of acquisition, construction, reconstruction, or renova-
tion of nonresidential real property (including fixed im-
provements associated with such property) which— 
(1) is located in a Food Desert Zone, and 
(2) is used by a qualified food desert business 
in carrying on the trade or business referred to in 
section 101(b). 
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(e) APPLICATION
OF CERTAIN RULES.—For pur-
poses of this section, rules similar to the rules of para-
graphs (5) and (6) of section 1400N(a) of such Code shall 
apply. 
TITLE II—HUNGER-FREE COM-
MUNITIES 
GRANTS 
EXTEN-
SION AND ENHANCEMENT 
SEC. 201. EXPANSION OF HUNGER-FREE COMMUNITIES 
PROGRAM. 
Section 4405 of the Food, Conservation, and Energy 
Act of 2008 (7 U.S.C. 7017) is amended— 
(1) in subsection (b)(1)(B) by inserting ‘‘, ex-
cept that for fiscal years 2010 through 2015 the 
Federal share shall be 100 percent of the cost of 
carrying out such activity in a Food Desert Zone (as 
specified in section 101(a) of the Food Desert Oasis 
Act of 2009)’’ before the period at the end, and 
(2) in subsection (e) by striking ‘‘2012’’ and in-
serting ‘‘2015’’. 
TITLE III—REPORTS TO 
CONGRESS ON PILOT PROGRAM 
SEC. 301. REPORTS TO CONGRESS ON PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of the Treasury, in 
consultation with such other Federal officials as the Sec-
retary determines appropriate, shall annually submit a 
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written report to Congress regarding the Food Desert 
Oasis Pilot Program established under title I. 
(b) CONTENTS OF REPORT.—Such report shall in-
clude— 
(1) an analysis of any increases or decreases in 
the health of the residents of the Food Desert 
Zones, and 
(2) the effect of title I on the level of invest-
ment in the Food Desert Zones. 
(c) TIMING OF REPORTS.—The first report under 
subsection (a) shall be made not later than December 31, 
2011 and shall cover the period ending on December 31, 
2010. The last such report under subsection (a) shall be 
made not later than December 31, 2016 and shall cover 
the period ending on December 31, 2015. 
Æ 
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