I 118th CONGRESS 1st Session H. R. 2378 IN THE HOUSE OF REPRESENTATIVES March 29, 2023 Ms. Kaptur (for herself and Mr. Evans ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Education and the Workforce , 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 provide increased financial assistance for farmers markets and farmers market nutrition programs, to increase local agricultural production through food bank in-house production and local farmer contracting; and for other purposes.

1. Short title This Act may be cited as Farmers’ Market and Food Bank Local Revitalization Act of 2023 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Food insecurity, epidemic levels of obesity, hypertension, diabetes, and youth osteoporosis are caused by improper nutrition yielded by lack of nutritious, reliable, and locally available healthy food options. (2) The American Diabetes Association estimated a 41-percent increase in costs of diagnosed diabetes from 2007 ($174,000,000,000) to 2012 ($245,000,000,000) with most of these costs (62 percent) coming from senior health programs such as Medicare and Medicaid. (3) Since sequestration in 2008, there has been no funding increase for the Senior Farmers’ Market Nutrition Program. (4) From 2008 to 2020, the moderate at home food cost for a family of 2 (aged 51–70 years old) increased by an average of $70 a month. The Seniors Farmers’ Market Nutrition Program funding has not kept pace with such inflation. (5) According to the Department of Agriculture, Seniors Farmers’ Market Nutrition Program has a total program funding backlog of $20,065,021 and a season benefit level backlog of $16,120,741 across all participating States, territories, and Native American Tribes. (6) Roughly 1 in 10 United States senior citizens (about 5,146,000) are forced to live well below the Federal poverty level, and the Seniors Farmers’ Market Nutrition Program is only able to reach about 725,000 due to inadequate funding. (7) Since sequestration in 2008, funding for the WIC Farmers’ Market Nutrition Program has fallen by over $6,000,000 and never rebounded. (8) The WIC Farmers’ Market Nutrition Program is a vital safeguard for the nearly 1 in 7 children who will be born into poverty in the United States and will be at nutritional risk. (9) According to the Department of Agriculture, the WIC Farmers’ Market Nutrition Program has a total program and seasonal benefit funding backlog of $6,198,432 across all participating States, territories, and Native American Tribes. (10) In the United States, food banks will provide meals to 1 in 7 people. (11) Many food banks share special relationships with local farmers who often donate their crops to food banks. The partnership allows for more efficient and sustainable procurement for food banks. (12) Assisting food banks to grow their own food will aid local procurement and allow food banks to serve as farming resources to their communities, especially to those who are food insecure. (13) The Agriculture Improvement Act of 2018, specifically required looking at ways to incorporate local goods to reduce food waste. (b) Purposes The purposes of this Act are— (1) to increase and enhance funding for the Farmers’ Market Nutrition Programs to support seniors and food insecure families, and to increase market capacity for local farmers; (2) to provide funding assistance for the expansion and construction of farmers’ markets in both rural and urban food desert areas; (3) to increase local food production through partnership with food banks by local farmer contracting and funding assistance to food banks to grow necessary produce through traditional or controlled environment agricultural farming. 3. Authorization and Additional Authorization of Appropriations for Seniors Farmers’ Market Nutrition Program (a) Authorization of appropriations for seniors farmers’ market nutrition program Section 4402(a) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007(a) ) is amended by striking 2023 and inserting 2028 . (b) Additional authorization of appropriations To expand participation in the seniors farmers’ market nutrition program (1) Increased authorization of appropriations To expand and address season benefit level and total backlogs of the Seniors Farmers’ Market Nutrition Program, there is authorized to be appropriated— (A) for fiscal year 2024, an increase to $60,000,000; (B) for fiscal year 2025, an increase to $70,000,000; and (C) for each of the fiscal years 2026 through 2028, and increase to $100,000,000. (2) Benefit enhancement For the purpose of expanding access to the Seniors Farmers’ Market Nutrition Program, funds appropriated under subsection (a) shall be used for the following purposes: (A) Program eligibility income limit shall increase to 200 percent of the Federal poverty guideline. (B) The minimum individual benefit shall be increased to $35. (C) The maximum individual benefit limit shall be removed. 4. Minimum individual benefit increase under the WIC Farmers’ Market Nutrition Program Section 17(m) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(m) ) is amended— (1) by striking paragraph (10) both places it appears and inserting paragraph (9) ; (2) in paragraph (5)(C)— (A) by striking $10 and inserting $35 ; and (B) by striking $30 and inserting $60 ; and (3) in paragraph (9)(A), by striking 2015 and inserting 2028 . 5. Infrastructure funding for farmers markets (a) In general The Secretary of Agriculture shall make loans, loan guarantees, and grants to public agencies and nonprofit organizations for— (1) the construction of new farmers’ markets; or (2) the improvement or rehabilitation of existing farmers’ markets, including by adding or improving payment technologies used in such farmers’ markets. (b) Eligibility To be eligible to receive a loan, loan guarantee, or grant under subsection (a) with respect to a farmers’ market the public agency or nonprofit organization involved shall— (1) demonstrate financial need as determined by the Secretary; and (2) commit to reserving at least 50 percent of the floor area of the farmers’ market for the sale of products that are produced locally, as determined by the Secretary, by farmers, ranchers, or aquaculture, mariculture, or fisheries operators, or by associations of farmers, ranchers, or such operators. (c) Cost sharing (1) Grants The amount of a grant under this section shall not exceed 25 percent of the cost of the activity for which the grant is made. (2) Maximum amount The combined amount of a grant made and loan made or guaranteed under this section shall not exceed 80 percent of the cost of the activity for which the grant or loan is made or guaranteed. (d) Interest rate (1) In general A loan made by the Secretary under subsection (a) shall bear interest at the rate equivalent to the rate of interest charged on Treasury securities of comparable maturity on the date the loan is approved. (2) Duration The interest rate referred to in paragraph (1) with respect to a loan referred to in such paragraph shall remain in effect for the term of the loan. (e) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $50,000,000 for each of fiscal years 2024 through 2029. 6. Pilot program for food banks and local farmer contracting for local procurement (a) Establishment The Secretary of Agriculture shall establish a pilot grant program in which food banks may voluntarily contract with their local farmers for them to grow produce for food bank programs to promote local procurement of produce. Food banks serving economically depressed or food desert areas hall be given priority to receive grants under this section. The Secretary shall make grants to food banks in 5 urban ZIP Codes (as designated by the Census Bureau), 5 suburban ZIP Codes (as designated by the Census Bureau), and 5 rural ZIP Codes (as designated by the Census Bureau) distributed as follows: (1) 3 of such grants in each ZIP Code selected under paragraph (1) shall be awarded to food banks in each Census Bureau Region of the United States; and (2) 3 of such grants among 3 of such ZIP Codes selected by the Secretary. (b) Methods Under contracts made by food banks with grants received under subsection (a), local farmers may grow produce through traditional or controlled environmental agriculture farming. (c) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $7,500,000 for fiscal years of 2024 and 2025. The amount of a grant under this section shall be $500,000 per grant as to operate 15 separate pilot program grant locations in total. 7. Reporting requirement Not later than 180 days after effective date of this Act, the Secretary of Agriculture shall submit to— (1) the Committee on Agriculture, and the Committee on Education and the Workforce, of the House of Representatives; and (2) the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Aging, of the Senate, a report that contains a review of the effect of this Act on local procurement of food, local farmers, who or what groups or entities are procuring the food, and the communities involved. 8. Effective date This Act shall take effect 120 days after the date of the enactment of this Act.