Library / Laws / 113th / hr / H.R. 1933 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 1933
IN THE HOUSE OF REPRESENTATIVES
May 9, 2013
Ms. Fudge (for
herself, Ms. Eddie Bernice Johnson of
Texas, Mr. Thompson of
Mississippi, Mr. Rangel,
Ms. Kaptur,
Ms. Pingree of Maine,
Mr. Conyers, and
Ms. Chu) 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 assistance and opportunity for the creation
and support of sustainable agriculture activities in America’s cities and to
improve access to nutrition in America’s cities.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited
as the Let’s Grow Act of
2013.
(b)
Table of
contents
The table of
contents of this Act is the following:
Sec. 1. Short title; table of contents.
Title I—Improving Access to Fresh and Nutritious Food
Sec. 101. Healthy corner store initiative.
Sec. 102. Virtual farmers’ markets.
Sec. 103. Local food insecurity assessments: assessing the
unique nutritional needs of local communities.
Sec. 104. Hunger-free communities.
Sec. 105. EBT farmers market accessibility program.
Sec. 106. Farm-to-Preschool program.
Sec. 107. Extension of pilot projects to evaluate health and
nutrition promotion in the supplemental nutrition assistance
program.
Sec. 108. Expanding and improving the affordability and
nutritional integrity of the USDA Fresh Fruit and Vegetable
Program.
Title II—Creation of the Healthy Food Financing Initiative
Sec. 201. Purpose and definitions.
Sec. 202. Establishment of Healthy Food Financing Initiative
and eligible projects.
Sec. 203. Duties of Secretary.
Sec. 204. National fund manager.
Sec. 205. Allocation and use of funds.
Sec. 206. Partnerships.
Sec. 207. Evaluation and monitoring.
Sec. 208. Administrative provisions.
Sec. 209. Authorization of appropriations.
Title III—Development of Sustainable Urban
Agriculture
Sec. 301. Community gardening grant program.
Sec. 302. Grants for conversion of abandoned and foreclosed
property to urban agricultural uses.
Sec. 303. Expansion of HarvestCorps program.
Sec. 304. Acquisition of publically owned land and conversion
to urban farms and community gardens.
Sec. 305. Urban agricultural workforce training pilot
program.
Sec. 306. Urban agriculture development grants
program.
Sec. 307. Clean and safe drinking water for urban areas and
waterways.
Sec. 308. Extension of assistance to socially disadvantaged
urban farmers and ranchers.
Sec. 309. Urban entrepreneur and microenterprise assistance
program.
Sec. 310. Local farm business and market garden competitive
loan program.
Title IV—Eradicating Hunger
Sec. 401. Weekends and holidays without hunger.
Sec. 402. Expansion and modernization of the commodity
supplemental food program.
Sec. 403. Expansion and modernization of the emergency food
assistance program.
Sec. 404. Food bank equipment and technology
program.
Title V—Go Green
Sec. 501. Green and Sustainable Schools, Museums, and Libraries
Grant Program.
I
Improving Access
to Fresh and Nutritious Food
101.
Healthy corner
store initiative
(a)
In
general
The Secretary of Agriculture shall carry out a program,
to be known as the Green and Healthy Corner Store Initiative, of awarding
grants to units of general local government, nonprofit organizations, and
tribal governments to assist qualified convenience stores to expand and sustain
their offering of fruits and vegetables.
(b)
Priority
In
awarding grants under this section, the Secretary shall give priority to
applicants proposing to provide assistance to qualified convenience stores in
low-income communities.
(c)
Assistance
Assistance
provided to a qualified convenience store pursuant to this section may include
the following:
(1) Seed money for the
purchase of fruits and vegetables and for equipment needed to sell fruits and
vegetables, such as but not limited to refrigerators.
(2) Seed money for
converting to energy-saving equipment, such as but not limited to
energy-efficient lighting and refrigerators and a ductless HVAC system, to
minimize the additional energy costs associated with the refrigeration needed
to stock fruits and vegetables.
(3) Educational tools
and information on the importance of fresh fruits and vegetables.
(4) Simple recipes to
assist customers in healthy food preparation.
(d)
Requirements for
convenience stores
As a condition on receipt of funds under this
section, a grantee shall agree to ensure that any qualified convenience store
receiving assistance through the grant will—
(1) maintain its
expanded offering of fruits and vegetables for a minimum time to be determined
by the Secretary;
(2) limit the number
of its advertisements for alcoholic beverages and cigarettes and offer at least
an equal amount of advertising for fruits and vegetables;
(3) place
advertisements for fruits and vegetables prominently in the front of the
store;
(4) advertise that the
store is participating in the Green and Healthy Corner Store Initiative;
and
(5) work to partner
with rural and urban farmers markets to obtain fruits and vegetables for
sale.
(e)
Cooperation
among stores To decrease prices
The Secretary shall encourage
grant recipients under this section to encourage qualified convenience stores
receiving assistance through the grant to combine efforts with other
convenience stores when ordering fruits and vegetables from distributors in an
effort to decrease the price of such goods.
(f)
Definitions
In
this section:
(1) The term
Bureau-funded school has the meaning given to such term in
section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).
(2) The terms
elementary school, local educational agency, and
secondary school have the meanings given to such terms in
section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term
low-income communities includes—
(A) communities with a
high percentage of children eligible for free and reduced priced lunches under
the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
and
(B) any other
communities determined by the Secretary to be low-income for purposes of this
section.
(4) The term
Secretary means the Secretary of Agriculture.
(5) The term
qualified convenience store means a convenience store located
within a quarter mile of an elementary school or a secondary school that is a
public school or a Bureau-funded school.
102.
Virtual
farmers’ markets
(a)
Establishment of
grant program
From the amounts appropriated to carry out this
section, the Secretary of Agriculture shall award grants, on a competitive
basis, to eligible entities to enable such entities to carry out a program that
provides access to farmers’ markets to communities that are food
deserts.
(b)
Use of
funds
An eligible entity receiving a grant under this section
shall use such funds for the following:
(1) Purchasing virtual
farmers market software (including computer kiosks and swipe card stations), or
entering into a contract with an eligible organization to develop and maintain
the technology necessary, to carry out a virtual farmers market program to
enable individuals and organizations in communities that are food deserts to
order and purchase fruits and vegetables and other healthy food items using
such technology.
(2) Training staff
to—
(A) assist individuals
and organizations in communities that are food deserts to order and purchase
food products under the program described in paragraph (1); and
(B) purchase and order
food products under the program for the eligible entity.
(3) Packaging food
products purchased under the program in manner that makes transportation of the
products possible by foot.
(4) Paying staff to
manage the program, and package and assist in the distribution and delivery of
food products purchased under the program.
(5) Raising public
awareness about the program.
(6) Developing simple
food preparation strategies and menus for customers of the program.
(7) Coordinating with
the Secretary of Agriculture to develop mechanisms to enable reimbursement
under the supplemental nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for purchases made under the
program.
(8) Purchasing or
rehabilitating buses, including buses that were formerly used as school buses,
that may be used to transport to the eligible entity—
(A) the foods ordered
and purchased under the program using the technology described in paragraph
(1); or
(B) other fruits and
vegetables that meet the requirements of subsection (e) in order to provide
additional opportunities for individuals and organizations in communities that
are food deserts to purchase locally grown fruits and vegetables.
(c)
Application
In
order to receive a grant under this section, an eligible entity shall submit an
application to the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(d)
Grant
amount
A grant awarded under this section may not be greater than
$10,000.
(e)
Limitations on
food purchased
To the extent practicable, the majority of food
purchased under a virtual farmers market program carried out by an eligible
entity under this section shall be from farmers located within a 50-mile radius
of the site where the food is ordered and delivered under the program, except
in the case where the eligible entity demonstrates to the Secretary that no
such farmers exist or that the farmers are not able to provide a sufficient
variety or amount of food for the purposes of the program.
(f)
Report
Not
later than 1 year after the first fiscal year for which funds are appropriated
to carry out this section, the Secretary shall report to Congress on the
progress made in carrying out programs funded by grants under this section,
including—
(1) the number of
individuals served by such programs and the barriers and opportunities for
additional such programs; and
(2) how such programs
have increased access or encouraged permanent farmers markets to be established
near communities that are food deserts.
(g)
Definitions
In
this section—
(1)
Bureau-funded
school
The term bureau-funded school has the
meaning given such term in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026).
(2)
Eligible
entity
The term eligible entity means an entity
that predominantly serves communities that are food deserts, including—
(A) a local
educational agency or bureau-funded school;
(B) a nonprofit,
community-based organization or entity (including a park and recreation
department, recreation center, child care facility, or senior center);
(C) a convenience
store; or
(D) other entity that
the Secretaries deem to be an eligible entity.
(3)
Eligible
organization
The term eligible organization means
an organization with expertise in developing and maintaining a virtual farmers
market.
(4)
Local
educational agency
The term local educational
agency has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5)
Food
desert
The term food desert has the meaning given
such term in section 7527(a) of the Food, Conservation, and Energy Act of 2008
(Public Law 110–234).
(6)
Secretary
The
term Secretary means the Secretary of Agriculture.
(7)
Swipe card
stations
The term swipe card stations shall
include support for the use of electronic benefit transfer cards.
(8)
Virtual farmers
market
The term virtual farmers market means an
online grocery store that enables individuals to purchase foods from local
farms and distributors.
103.
Local food
insecurity assessments: assessing the unique nutritional needs of local
communities
(a)
In
general
The Secretary of
Health and Human Services shall establish a 3-year pilot program to award
grants to local and tribal governments, on a competitive basis, to allow such
local and tribal governments, in partnership with the local community
organizations under
subsection (e), to—
(1) conduct a food
security assessment; and
(2) make an inventory
of the system in order to identify the strengths and gaps in such
system.
(b)
Data points for
Assessment
For purposes of conducting an Assessment and making an
inventory under a grant under
subsection (a), with respect to the
community served by a local or tribal government, such government shall examine
the following food security and food system issues in the
community:
(1) The prevalence of
childhood obesity.
(2) The availability
of safe routes to school for children.
(3) The quality of
food served in school and child care settings.
(4) The availability
of supermarkets.
(5) The cost and
availability of fresh fruits and vegetables.
(6) The concentration of convenience stores,
and other food vendors that sell a disproportionate amount of foods that are
not fresh fruits and vegetables.
(7) The availability
of products.
(8) The concentration
of fast food restaurants.
(9) The availability
of green space or recreation areas, and the extent to which such space or areas
encourage physical activity by adults and children.
(10) Any other issues
determined to be relevant by the local or tribal government.
(11) Any other issues
determined to be relevant by the Secretary of Health and Human Services.
(c)
Number of
sites
The Secretary of Health
and Human Services, in awarding grants under
subsection (a), shall award grants to no
more than—
(1) 20 local
governments; and
(2) 5
tribal governments.
(d)
Priority
In awarding grants under
subsection (a), the Secretary of Health and
Human Services shall give priority to those local and tribal governments that
serve communities with the highest concentrations of poverty.
(e)
Requirement of
partnerships
In order to
qualify for a grant under
subsection (a), a local or tribal
government shall demonstrate, to the satisfaction of the Secretary of Health
and Human Services, that the local or tribal government has entered into a
partnership (for the purpose of conducting an assessment and making an
inventory under
subsection (a)) with at least one of the
following local community organizations:
(1) A
nonprofit community-based organization or entity.
(2) A
developer or urban planning institution.
(3) An accredited college or university.
104.
Hunger-free
communities
Section 4405 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended—
(1) in subsection
(a)—
(A) by striking
paragraph (1) and inserting the following:
(1)
Eligible
entity
(A)
Collaborative
grants
In subsection (b), the term eligible entity
means a public food program service provider or nonprofit organization,
including an emergency feeding organization, that has collaborated or will
collaborate with 1 or more local partner organizations to achieve at least 1
hunger-free communities goal.
(B)
Incentive
grants
In subsection (c), the term eligible entity
means a nonprofit organization (including an emergency feeding organization),
an agricultural cooperative, producer network or association, community health
organization, public benefit corporation, economic development corporation,
farmers’ market, community-supported agriculture program, buying club,
supplemental nutrition assistance program retail food store, a State, local, or
tribal agency, and any other entity the Secretary
designates.
;
and
(B) by adding at the
end the following:
(4)
Supplemental
nutrition assistance program
The term supplemental
nutrition assistance program means the supplemental nutrition assistance
program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.).
(5)
Underserved
community
The term underserved community has the
meaning given the term in section 25 of the Food and Nutrition Act of 2008 (7
U.S.C.
2034).
;
(2) in subsection
(b)(1)(A), by striking not more than 50 percent of any funds made
available under subsection (e) and inserting funds made
available under subsection (d)(1); and
(3) by striking
subsections (c), (d), and (e) and inserting the following:
(c)
Hunger-Free
communities incentive grants
(1)
Authorization
(A)
In
general
In each of the years specified in subsection (d), the
Secretary shall make grants to eligible entities in accordance with paragraph
(2).
(B)
Federal
share
The Federal share of the cost of carrying out an activity
under this subsection shall not exceed 50 percent of the total cost of the
activity.
(C)
Non-Federal
share
(i)
In
general
The non-Federal share of the cost of an activity under
this subsection may be provided—
(I) in cash or in-kind
contributions as determined by the Secretary, including facilities, equipment,
or services; and
(II) by a State or
local government or a private source.
(ii)
Limitation
In
the case of a for-profit entity, the non-Federal share described in clause (i)
shall not include services of an employee, including salaries paid or expenses
covered by the employer.
(2)
Criteria
(A)
In
general
For purposes of this subsection, an eligible entity is a
governmental agency or nonprofit organization that—
(i) meets the
application criteria set forth by the Secretary; and
(ii) proposes a
project that, at a minimum—
(I) has the support of
the State agency;
(II) would increase
the purchase of fruits and vegetables by low-income consumers participating in
the supplemental nutrition assistance program by providing incentives at the
point of purchase;
(III) agrees to
participate in the evaluation described in paragraph (4);
(IV) ensures that the
same terms and conditions apply to purchases made by individuals with benefits
issued under this Act and incentives provided for in this subsection as apply
to purchases made by individuals who are not members of households receiving
benefits, such as provided for in
section
278.2(b) of title 7, Code of Federal Regulations (or a
successor regulation); and
(V) includes effective
and efficient technologies for benefit redemption systems that may be
replicated in other for States and communities.
(B)
Priority
In
awarding grants under this section, the Secretary shall give priority to
projects that—
(i) maximize the share
of funds used for direct incentives to participants;
(ii) use
direct-to-consumer sales marketing;
(iii) demonstrate a
track record of designing and implementing successful nutrition incentive
programs that connect low-income consumers and agricultural producers;
(iv) provide locally
or regionally produced fruits and vegetables;
(v) are located in
underserved communities; or
(vi) address other
criteria as established by the Secretary.
(3)
Applicability
(A)
In
general
The value of any benefit provided to a participant in any
activity funded under this subsection shall not be considered income or
resources for any purpose under any Federal, State, or local law.
(B)
Prohibition on
collection of sales taxes
Each State shall ensure that no State
or local tax is collected on a purchase of food under this subsection.
(C)
No limitation on
benefits
A grant made available under this subsection shall not
be used to carry out any project that limits the use of benefits under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any other
Federal nutrition law.
(D)
Household
allotment
Assistance provided under this subsection to households
receiving benefits under the supplemental nutrition assistance program shall
not—
(i) be
considered part of the supplemental nutrition assistance program benefits of
the household; or
(ii) be used in the
collection or disposition of claims under section 13 of the Food and Nutrition
Act of 2008 (7 U.S.C.
2022).
(4)
Evaluation
(A)
Independent
evaluation
The Secretary shall provide for an independent
evaluation of projects selected under this subsection that measures the impact
of each project on—
(i) improving the
nutrition and health status of participating households receiving incentives
under this subsection; and
(ii) increasing fruit
and vegetable purchases in participating households.
(B)
Requirement
The
independent evaluation under subparagraph (A) shall use rigorous methodologies
capable of producing scientifically valid information regarding the
effectiveness of a project.
(C)
Costs
The
Secretary may use funds not to exceed 10 percent of the funding provided to
carry out this section to pay costs associated with administering, monitoring,
and evaluating each project.
(d)
Funding
(1)
Authorization of
appropriations
There is
authorized to be appropriated to carry out subsection (b) $5,000,000 for each
of fiscal years 2014 through 2018.
(2)
Mandatory
Funding
Of the funds of the
Commodity Credit Corporation, the Secretary shall use to carry out subsection
(c)—
(A) $15,000,000 for fiscal year 2014;
(B) $20,000,000 for each of fiscal years 2015
through 2017; and
(C) $25,000,000 for fiscal year
2018.
.
105.
EBT farmers
market accessibility program
(a)
Authority for
program
The Secretary of
Agriculture shall develop and carry out a program to make grants to entities
that operate farmers markets in urban areas for the purchase of equipment and
to finance the installation of equipment necessary to operate EBT systems at
farmers markets.
(b)
Authorization of
appropriations
There is
authorized to be appropriated to carry out this section $10,000,000 for each of
the fiscal years in the 8-year period beginning on the October 1 of the first
fiscal year that begins after the date of the enactment of this Act.
106.
Farm-to-Preschool
program
(a)
Authority for
program
The Secretary of
Agriculture shall develop and carry out a grant program to make grants to
community-based and nonprofit organizations to develop a Farm-to-Preschool
program that fosters the connection between preschools, Head Start programs,
childcare or daycare centers, kindergarten readiness programs in K–12 school
districts, and in-home care facilities, with small- or medium-sized
agricultural producers, for the purposes of—
(1) developing an
industry-leading preschool nutrition education and meal program designed to
help prevent the onset of childhood obesity and develop foundational healthy
eating and lifestyle habits,
(2) creating
nutritious and healthy made-from-scratch meals and menus using recipes that
include mostly locally grown and produced organic foods,
(3) developing recipes
and menus that will serve as a tool for parent awareness, access to healthy
food, food preparation, and eating, and engagement in nutrition
education,
(4) developing
experiential educational curricula centered around farms, farmers’ markets, and
school gardens for parents and children,
(5) replicating
Farm-to-Preschool parent awareness and engagement in nutrition
education, healthy eating and food preparation nationally,
(6) supporting local
and regional agriculture communities, and
(7) promoting the
institutionalization of preschool wellness policies.
(b)
Availability and
use of grants
The Secretary shall make grants under subsection
(a)—
(1) to be used—
(A) to support the
initial costs of implementing a new, or expanding an existing,
Farm-to-Preschool program,
(B) in an amount not to exceed $250,000 to
support the training and access to resources and information necessary to
conduct a successful Farm-to-Preschool program, or
(C) in an amount not
to exceed $50,000 to support the cost of conducting research, identifying
resources, and developing partnerships to design a successful and sustainable
Farm-to-Preschool program,
(2) to eligible
entities that agree to provide, in cash or in kind, not less that 20 percent of
the cost of the use for which the respective grants are made, and
(3) to achieve to the maximum extent
practicable geographical diversity and grantee participation in urban, rural
and tribal communities.
(c)
Report
Not later than 1 year after the first
fiscal year for which funds are appropriated to carry out this section, the
Secretary of Agriculture shall report to Congress on the progress made in
carrying out programs funded by grants under this section, including preschool
nutrition education curricula centered around farms, farmers’ markets, and
school gardens, and the institutionalization of preschool wellness
policies.
(d)
Authorization of
appropriations
There is authorized to be appropriated for fiscal
years 2014 through 2018 in the aggregate $10,000,000 to carry out this
section.
107.
Extension of pilot
projects to evaluate health and nutrition promotion in the supplemental
nutrition assistance program
Section 17(k)(5)(A) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(k)(5)(A)) is amended
by striking 2012 and inserting 2018.
108.
Expanding and
improving the affordability and nutritional integrity of the USDA Fresh Fruit
and Vegetable Program
Subsection (b) of section 19 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1769a(b)) is amended to
read as follows:
(b)
Program
A school participating in the
program—
(1) shall make free
fruits and vegetables available to students throughout the school day (or at
such other times as are considered appropriate by the Secretary) in 1 or more
areas designated by the school; and
(2) may make free
fruits and vegetables in any other form (such as fresh, frozen, dried, pureed,
or canned) available to students throughout the school day (or at such other
times as are considered appropriate by the Secretary) in 1 or more areas
designated by the school only if such fruits and vegetables meet any additional
nutrition specifications, as established by the
Secretary.
.
II
Creation of the
Healthy Food Financing Initiative
201.
Purpose and
definitions
(a)
Purpose
The purpose of the Healthy Food Financing
Initiative is 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 retailers of fresh and healthy food to overcome
the higher costs and initial barriers to entry in underserved urban, suburban,
and rural areas.
(b)
Definitions
In this title:
(1)
Community
development financial institution
The term community
development financial 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)
Expand or
preserve the availability of fresh fruits and vegetables in underserved
areas
The term expand
or preserve the availability of fresh fruits and vegetables in underserved
areas means—
(A) in the case of a
project not involving a regional food hub, a project that—
(i) carries a variety of fresh produce, as
defined by the national fund manager to reflect differences in project size and
type;
(ii) sells food for
home preparation and consumption; and
(iii) at a minimum—
(I) 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, poultry, and fish), with
perishable food in at least 2 categories, on a daily basis; or
(II) has at least 50
percent of the total sales of the store (including food and nonfood items or
services) from the sale of eligible staple food; and
(B) in the case of a
regional food hub, a project that—
(i) supplies a variety
of fresh produce to a healthy food retailer located in an underserved, low- and
moderate-income area; and
(ii) participates in the supplemental nutrition
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(3)
Farmers’
market
The term farmers’ market means a common
facility or area in which several agricultural producers gather on a regular
and recurring basis to sell a variety of fresh fruits and vegetables and other
locally grown agricultural products directly to consumers.
(4)
Food access
organization
The term food access organization means
a nonprofit organization with expertise in improving access to healthy food in
underserved communities.
(5)
Healthy food
retailer
The term healthy food retailer means a
commercial, cooperative, and nonprofit seller of fresh or healthy food,
including a grocery store, mobile healthy food retailer, farmers’ market,
cooperative, corner store, bodega, or other store that sells other food and
non-food options along with a full range of fresh or healthy foods.
(6)
Initiative
The
term Initiative means the Healthy Food Financing
Initiative.
(7)
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 the Initiative.
(8)
National
funds
The term national funds means amounts
appropriated to carry out the Initiative and any other forms of financial
assistance (including grants, loans, and equity investments) that are raised by
the national fund manager to carry out the Initiative.
(9)
National fund
manager
The term national fund manager means a
community development financial institution in existence as of the date of
enactment of this Act and certified by the Community Development Financial
Institutions Fund of the Department of the Treasury that is designated by the
Secretary to manage the Initiative for purposes of—
(A) raising private
capital;
(B) providing
financial and technical assistance to partnerships; and
(C) funding eligible projects directly at the
request of partnerships to attract retailers of healthy food to underserved
urban, suburban, and rural areas in accordance with this title.
(10)
Partnership
(A)
In
general
The term partnership means a regional,
State, or local public and private partnership that is organized to improve
access to healthy foods by providing financial and technical assistance to
eligible projects.
(B)
Inclusions
The
term 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 improving access to
healthy foods;
(iii) a
community development financial institution or other organization that is
capable of administering a loan and grant program in accordance with this
title; and
(iv) other
organizations interested in improving access to healthy foods in underserved
areas.
(11)
Perishable
food
(A)
In
general
The term perishable food means food that is
fresh, refrigerated, or frozen.
(B)
Exclusion
The
term perishable food does not include packaged or canned
goods.
(12)
Regional food
hub
The term regional food hub means a business or
organization that actively manages the aggregation, distribution, and marketing
of source-identified food products primarily from local and regional producers
to strengthen the ability of the producers to satisfy wholesale, retail, and
institutional demand.
(13)
Secretary
The
term Secretary means the Secretary of Agriculture.
(14)
Serve
The term serve means, with
respect to a regional food hub, that the regional food hub, in connection with
an eligible project, supplies fresh produce or other healthy foods—
(A) to a healthy food
retailer that participates in the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
(B) to a healthy food
retailer located in a low- or moderate-income area; and
(C) to institutions
such as hospitals, schools, or food banks that largely serve a low- and
moderate-income area.
(15)
Staple
food
(A)
In
general
The term staple food means food that is a
basic dietary item, including bread, flour, fruits, vegetables, and
meat.
(B)
Exclusions
The
term staple food does not include snack or accessory food (such as
chips, soda, coffee, condiments, and spices) or ready-to-eat, prepared
food.
(16)
Variety
The
term variety means an assortment of different types of food
items.
202.
Establishment
of Healthy Food Financing Initiative and eligible projects
(a)
Establishment
There
is established in the Department of Agriculture a Healthy Food Financing
Initiative.
(b)
Management
Not
later than 1 year after the date of enactment of this Act, the Secretary shall
select and enter into a grant agreement with a national fund manager that will
be responsible for the management of the Initiative.
(c)
Eligible
projects
(1)
Eligibility
criteria
Subject to the requirements of this section, the
national fund manager shall establish the eligibility criteria for projects to
be assisted by the Initiative.
(2)
Required project
elements
To be eligible to receive assistance through the
Initiative, a project shall—
(A) include a
supermarket, grocery store, regional food hub, farmers’ market, or other
healthy food retailer;
(B) consist of a
for-profit business enterprise, a member- or worker-owned cooperative, or a
nonprofit organization;
(C) meet the
eligibility criteria established under this section;
(D) continue to be a
viable business enterprise with a financial viability plan;
(E) require an
investment of public funding to move forward and be competitive;
(F) operate on a
self-service basis;
(G) expand or preserve the availability of
fresh fruits and vegetables in underserved areas and other healthy, fresh, high
quality unprepared and unprocessed foods in such areas; and
(H)
(i) in the case of a regional food hub, serve
retailers that accept benefits under the supplemental nutrition assistance
program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(ii) in the case of a retailer that is
not a regional food hub, agree to accept such benefits.
(d)
Income
criteria
Each eligible project shall be located in or, in the
case of a project involving a regional food hub, shall serve—
(1) a
low- or moderate-income census tract, as determined by the Bureau of the Census
of the Department of Commerce;
(2) a
population census tract that is treated as a low-income community under section
45D(e) of the Internal Revenue Code of 1986; or
(3) an area that
significantly serves an adjacent area that meets the criteria described in
paragraph (1) or (2), as approved by the national fund manager.
(e)
Underserved
criteria
(1)
In
general
Each eligible project
shall be located in, or in the case of a project involving a regional food hub,
shall serve, an underserved area, as determined by the partnerships according
to criteria established by the national fund manager.
(2)
Factors
In
determining whether an area is an underserved area, the following factors shall
be taken into consideration:
(A) Population
density.
(B) Below average
supermarket density or sales.
(C) Car
ownership.
(D) Geographical or physical barriers, such as
highways, mountains, major parks, bodies of water, or areas with large amounts
of vacant lots or foreclosed properties.
(3)
Locations
On
an annual basis, the national fund manager shall collect data and publish maps
that show the location of underserved areas.
(f)
Priority
projects
(1)
In
general
Priority shall be given to projects that—
(A) are located in
severely distressed low-income communities, as defined by the Community
Development Financial Institutions Fund of the Department of the Treasury;
and
(B) include 1 or more
of the following characteristics:
(i) The
project will create or retain quality jobs in the community, as determined in
accordance with paragraph (2).
(ii) The
project has community support in terms of store quality, affordability, site
location, and coordination with local community plans or other programs
promoting community and economic development.
(iii) The project
supports regional 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,
Compensation, 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
approved by the Department of Energy, will qualify the project for designation
under the Energy Star program established by section 324A of the Energy Policy
and Conservation Act (42 U.S.C. 6294a).
(ix) The
project involves women- and minority-owned businesses.
(2)
Quality
jobs
For purposes of paragraph (1)(B)(i), a quality job is a job
that—
(A) provides wages
that are comparable to or better than similar positions in existing businesses
of similar size in similar local economies;
(B) offers benefits
that are comparable to or better than what is offered for similar positions in
existing local businesses of similar size in similar local economies;
and
(C) is targeted for
residents of neighborhoods with a high proportion of persons of low income (as
that term is defined in section 102(a) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302(a))) through local targeted hiring programs.
203.
Duties of
Secretary
(a)
In
general
The Secretary shall—
(1) designate a
national fund manager to manage national funds;
(2) oversee the
Initiative nationally;
(3) work closely with
the national fund manager—
(A) to ensure that
funds are used appropriately and in the most effective manner practicable;
and
(B) to develop the
program strategy into a detailed work plan, program, and operating
budget;
(4) review and approve
the operating budget for the national fund manager to ensure that the
administrative costs are—
(A) reasonable (not
more than 5 percent of the total budget);
(B) connected to the
costs of operations; and
(C) reflect efficient
operations by the national fund manager; and
(5) make available to
the public an annual report, using data obtained from the Department of
Agriculture, the Department of Health and Human Services, and the community
development financial institutions, that describes the impacts of the
Initiative, including tracking health and economic development indicators 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.
(b)
Performance
targets
(1)
In
general
The Secretary shall conduct financial audits of, and
establish performance targets for, the national fund manager, which shall
include, at a minimum, the requirements described in this subsection.
(2)
Geographic
spread
Partnerships funded by the Initiative shall be
geographically diverse and representative of the underserved areas across the
United States.
(3)
Focus on
low-income communities
A substantial portion of the projects
funded by partnerships shall serve very low- and low-income communities, as
defined by the Bureau of the Census of the Department of Commerce.
(4)
Financial
effectiveness of the national fund manager
The national fund
manager and any local financial institution involved in a partnership shall
demonstrate on-going capacity and timeliness in raising private capital and
disbursing funds as required under the Initiative.
(5)
Technical
assistance effectiveness of the national fund manager
The
provision of technical assistance by the national fund manager shall be
evaluated based on—
(A) the responsiveness
of the national fund manager to requests for assistance; and
(B) the ability of the
national fund manager to craft programs that develop needed new capacities in
partnerships.
(6)
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
improving access to fresh, healthy foods and in achieving other related
impacts.
(c)
Disbursement of
funds
The Secretary shall
assist in the administration of the Initiative by approving the disbursement of
funds to the national fund manager in a manner that facilitates the
implementation of the overall Initiative.
204.
National fund
manager
(a)
Selection of
National fund manager
The Secretary shall select the national
fund manager through a competitive process from among community development
financial institutions that have a proven and recent track record of success
and effectiveness in—
(1) attracting private
capital;
(2) developing and
managing programs that provide grants and loans to support supermarkets and
other healthy food retailers in low- and moderate-income areas, including the
development of grocery stores, farmers markets, and other healthy food retailer
models;
(3) making and
servicing loans that are similar to loans proposed in the Initiative or having
a record of otherwise successfully investing in the development of healthy food
retailers;
(4) effectively
managing multiple contracts and subcontractors;
(5) effectively
managing large capital pools, of at least $100,000,000; and
(6) providing or
contracting for the provision of technical assistance.
(b)
Responsibilities
of the national fund manager
The designated national fund manager
shall—
(1) raise other forms
of financial assistance to match or leverage the national funds;
(2) use administrative
funds to develop appropriate training programs and offer technical assistance
services to—
(A) partnerships;
(B) State, local, and
tribal governments;
(C) the food retail
industry; and
(D) food access and
health advocacy organizations to augment local capacities;
(3) 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 healthy food retailers in underserved areas;
(4) award Initiative
funds to eligible partnerships through an annual competitive process in
accordance with section 205(d);
(5) contract with a
national food access organization to assist in the review of applications from
partnerships and to provide technical assistance to local food access
organizations in the proposed partnerships;
(6) award and disburse
funds to partnerships or eligible local projects in a timely manner;
(7) create and meet
performance benchmarks and reporting guidelines, as approved by the Secretary,
including for—
(A) the amount of
capital raised and leveraged from financial institutions, partnerships, and
other resources;
(B) the geographic
diversity of partnerships; and
(C) the proportion of
projects funded by the partnership that are in severely distressed low-income
communities;
(8) develop program
guidelines and operating procedures for the Initiative, including—
(A) maximum grant and
loan amounts for projects;
(B) eligible uses of
funds;
(C) prudent
underwriting criteria;
(D) performance
targets;
(E) reporting
guidelines;
(F) limits on
administrative costs; and
(G) implementation
milestones;
(9) monitor the
performance of partnerships; and
(10) collect data,
compile information, and conduct such research studies as the national fund
manager determines to be relevant to the successful implementation of the
Initiative, including—
(A) to assess national
and local market conditions;
(B) to determine
barriers to market entry; and
(C) to identify
opportunities for the development or retention of supermarkets and other
healthy food retailers in underserved communities.
(c)
Work
plan
(1)
In
general
Not later than 45 days after the date of receipt of an
award, the national fund manager shall develop, with guidance from and in
consultation with the Secretary, and submit to the Secretary, a detailed work
plan.
(2)
Approval
required
The Secretary 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.
205.
Allocation and
use of funds
(a)
Allocation
The
national fund manager shall—
(1) allocate at least
70 percent of all funds appropriated for the Initiative for a fiscal year to
partnerships that are selected based on the criteria described in subsection
(d);
(2) use not more than 25 percent of all funds
appropriated for the Initiative for a fiscal year to establish regional food
hubs; and
(3) retain the remainder of the funds
appropriated for the Initiative for a fiscal year to undertake financing
activities described in subsection (c), including a reasonable amount for
administrative costs (not to exceed 5 percent) approved by the
Secretary.
(b)
Use of the
national funds by partnership programs
(1)
In
general
As a condition on the receipt of funds, each partnership
shall use—
(A) the national funds
received from the national fund manager under subsection (a)(1) 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
agreement between the partnership and the national fund manager; and
(B) any remaining
funds for grants, or, as approved, for innovative financing mechanisms.
(2)
Limitations
(A)
In
general
Use of funds for administrative costs and other purposes
shall be—
(i) limited in
accordance with the terms of the agreement negotiated between the national fund
manager and partnerships;
(ii) based on whether
administrative costs are reasonable, connected to the costs of operation, and
reflect efficient operations by the partnership; and
(iii) determined using
criteria including geographic coverage, program duration, and total funding
amount.
(B)
Goal
The
goal of this paragraph is 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 described in subsection (a)(2) to undertake
financing and other activities to enhance and maximize the effectiveness of the
Initiative, as determined by the agreement with the Secretary,
including—
(1) attracting other
forms of financial assistance to match or leverage the national funds;
(2) awarding national
funds to partnerships in accordance with subsection (d);
(3) creating and
managing pools of grant or loan capital that blend or leverage national funds
with other forms of financial assistance, including capital in the form of tax
credits under section 45D of the Internal Revenue Code of 1986, for the benefit
of partnerships;
(4) creating and
managing pools of grant or loan capital that blend or leverage the national
funds with other forms of financial assistance, including capital in the form
of tax credits under section 45D of the Internal Revenue Code of 1986, to
finance eligible local projects identified by partnerships or the national fund
manager that have special or unique characteristics;
(5) providing loans or
grants directly to eligible local projects as matching funds if requested by a
partnership;
(6) providing credit
enhancement or other financial products and instruments for the benefit of
partnerships or eligible local projects;
(7) providing
technical assistance; and
(8) funding reasonable
administrative costs approved by the Secretary.
(d)
Criteria for
awarding national funds to partnerships
(1)
In
general
The national fund manager shall award national funds to
partnerships through a competitive process on an annual basis.
(2)
First round
priority
In the first round of funding, the national fund manager
shall give priority to existing partnerships that have demonstrable capacity to
implement fresh food financing programs in underserved areas quickly.
(3)
Additional
rounds
Additional rounds shall be designed to promote geographic
diversity.
(4)
Criteria
In
awarding national funds to partnerships, the national fund manager shall
consider—
(A) the amount of
funds and other resources pledged by a partnership to match or leverage
national funds;
(B) the degree of
State, local, or tribal government support of the partnership as evidenced by
matching grant and loan funds or other types of support, such as allocation of
tax-exempt bonds, loan guarantees, and coordination of resources from other
State or local economic development programs;
(C) the capacity of
the partnership to successfully develop and manage loan and grant
programs;
(D) the lack of
supermarkets and other healthy food retailers in low- and moderate-income areas
that would be served by the partnership;
(E) the experience of
the food access or community health organization of the partnership in outreach
about access to healthy foods and local healthy food access issues;
(F) the degree of
community engagement and support in the development and retention of
supermarkets and other healthy food retailers; and
(G) the contribution
of the program of the partnership to the overall geographic diversity of the
Initiative.
(e)
Administrative
costs
(1)
In
general
Not later than 45 days after the date of receipt of an
award, the national fund manager shall submit to the Secretary for approval a
3-year program and operating budget and detailed work plan that shall
include—
(A) costs for research
and evaluation, technical assistance, and training; and
(B) program and
operating costs.
(2)
Earned
revenues
Earned revenues from loan fees and interest may be
expended on program and operating costs in accordance with the budget approved
by the Secretary.
(3)
Basis of
review
The Secretary shall base the review under subparagraph (A)
on—
(A) the likelihood of
the plan and expenditures to further the purposes of this section; and
(B) whether the
administrative costs are reasonable, connected to the costs of operation, and
reflect efficient operations by the national fund manager.
206.
Partnerships
(a)
In
general
Each partnership that receives assistance through the
Initiative shall provide financial and technical assistance to eligible healthy
food retailer projects in underserved areas within the defined communities of
the partnership.
(b)
Administration
Each
partnership shall designate a community development financial institution or
other organization that is capable of administering a loan and grant
program—
(1) to execute grant
agreements with the national fund manager; and
(2) to serve as the
manager of local funds.
(c)
Responsibilities
of partnerships
A partnership shall—
(1) raise other forms
of financial assistance to match the national funds received by the
partnership;
(2) provide marketing
and outreach to communities, the supermarket industry, other healthy food
retailers, State and local government officials, and civic and public interest
organizations—
(A) to solicit
applications from underserved areas from across the State or locality to be
served by the partnership; and
(B) to inform the
communities and other persons about the availability of grants, loans,
training, and technical assistance;
(3) review and
underwrite projects to determine whether—
(A) a proposed project
meets the criteria for eligible projects under section __02; and
(B) a proposed project
meets the criteria for priority projects under subsection (g) of such
section;
(4) provide technical
assistance services to operators and developers of healthy food
retailers;
(5) track and report
outcomes, including—
(A) the number of jobs
created or retained;
(B) the quantity of healthy food retailer space
created or retained and the quantity of regional food hub capacity developed;
and
(C) such other health
and economic indicators as are required by the national fund manager;
(6) monitor and audit
funded projects to ensure compliance with the Initiative, the national fund
manager, and partnership program requirements for a period of at least 3
years;
(7) submit an annual
report to the national fund manager that describes—
(A) the activities of
the partnership;
(B) the expenditure of
local funds; and
(C) success in meeting
performance targets and satisfying such other terms and conditions as are
specified in the agreement between the partnership and the national fund
manager; and
(8) coordinate with
the national fund manager for the smooth operation of the Initiative.
(d)
Administrative
costs
(1)
In
general
As a condition on the receipt of assistance under this
section, each partnership shall submit to the national fund manager for
approval a 3-year budget and plan for all program and operating costs,
including—
(A) costs for research
and evaluation, technical assistance, and training; and
(B) administrative and
operating costs.
(2)
Earned
revenues
Earned revenues from loan fees and interest may be
expended on program and operating costs in accordance with the budget approved
by the national fund manager.
(3)
Basis of
review
The national fund manager shall base the review of the
budget and plan under paragraph (1) on the likelihood of the budget and plan to
further the purposes of the Initiative.
207.
Evaluation and
monitoring
(a)
In
general
Program evaluation and financial audits shall occur at
all levels of the Initiative to ensure that—
(1) national and local
funds are used properly; and
(2) the objectives of
the Initiative are met.
(b)
Program
evaluation and financial audits
(1)
In
general
The Secretary shall—
(A) conduct periodic
program evaluations and financial audits of the national fund manager,
partnerships, and projects funded by the Initiative; and
(B) share with the
national fund manager the results of the evaluations and audits.
(2)
Funded
projects
The Secretary or the national fund manager shall
evaluate partnerships to assess the health and economic impacts of projects
funded by the Initiative.
(3)
Other
impacts
(A)
Secretary of
Health and Human Services
The Secretary of Health and Human
Services shall conduct research studies and evaluate the health impacts of the
Initiative.
(B)
Community
Development Financial Institutions
Representatives of the
community development financial institutions shall conduct research studies and
evaluate the economic impacts of the Initiative.
(4)
Partnerships
(A)
In
general
Each partnership shall—
(i) conduct periodic
administrative and financial audits of projects funded by the Initiative;
and
(ii) share with the
national fund manager the results of the audits.
(B)
Failure of
partnership
In a case in which a partnership fails, the national
fund manager shall take over the portfolio of the failed partnership.
208.
Administrative
provisions
Not later than 180
days after the date of enactment of this Act, the Secretary shall promulgate
such regulations as may be necessary to carry out the Initiative, including
regulations—
(1) for the conduct of
a performance evaluation at the end of the initial 5-year period;
(2) to terminate the
contract for cause; and
(3) to extend the
contract for an additional 5-year period.
209.
Authorization
of appropriations
There is
authorized to be appropriated to the Secretary to carry out the Initiative
$500,000,000. Amounts appropriated pursuant to this authorization of
appropriation shall remain available until expended.
III
Development of
Sustainable Urban Agriculture
301.
Community
gardening grant program
(a)
Program
established
From the amounts appropriated to carry out this
section, the Secretary of Agriculture shall award grants to eligible entities
to expand, establish, or maintain urban and Native American community
gardens.
(b)
Application
In
order to receive a grant under this section, an eligible entity shall submit to
the Secretary an application at such time, in such manner, and containing such
information as the Secretary may require, including—
(1) an assurance that
priority for hiring for jobs created by the expansion, establishment, or
maintenance of an urban community garden funded with a grant received under
this section will be given to individuals who reside in the community where the
garden is located; and
(2) a
demonstration that the eligible entity is committed to providing non-Federal
financial or in-kind support (such as, but not limited to, providing a water
supply) for the community garden for which the entity receives funds under this
section.
(c)
Definitions
In
this section:
(1)
Eligible
entity
The term eligible entity means—
(A) a for profit or
nonprofit organization; or
(B) a unit of general
local government, or tribal government, located on tribal land or in a
low-income community.
(2)
Low-income
community
The term low-income community has the
meaning given such term by the Secretary of Agriculture.
(3)
Unit of general
local government
The term unit of general local
government means any city, county, town, township, parish, village, or
other general purpose political subdivision of a State.
(4)
State
The
term State includes, in addition to the several States of the
United States, the Commonwealth of Puerto Rico, the District of Columbia, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
302.
Grants for
conversion of abandoned and foreclosed property to urban agricultural
uses
(a)
Grants
authorized
The Secretary of
Agriculture may make grants on a competitive basis to assist an eligible entity
described in subsection (b)—
(1) to acquire, by purchase or lease, abandoned
or foreclosed real property in an urban area where there is limited or no
agricultural production; and
(2) to convert the
property to an agricultural use authorized by subsection (c).
(b)
Eligible
entities described
Grants may
be made under this section to a community organization, municipality,
institution of higher education, local school district, nonprofit organization,
or for-profit entity.
(c)
Authorized
agricultural uses
Real property acquired using grant funds may be
used for any of the following purposes:
(1) Projects to
encourage the production of local foods in an urban area.
(2) Projects to strengthen local food
distribution systems in an urban area.
(3) Projects to create sustainable food systems
in an urban area.
(4) Projects to create or expand the
opportunities to consume fresh fruits and vegetables in an urban area.
(5) Projects to promote agricultural processing
in an urban area.
(6) Projects to encourage recipients of Federal
and State domestic food assistance programs to purchase locally grown or
produced foods.
(7) Projects to promote education and training
related to best practices for agricultural production in an urban area.
(8) Projects to
promote education initiatives that promote the nutritional benefits of
consuming locally produced foods.
(9) Other projects to promote economic
development through agricultural production in an urban area.
(d)
Grant
limitation
The amount of a grant made under this section shall
not exceed $500,000.
(e)
Authorization of
appropriations
There are
authorized to be appropriated to the Secretary such amounts as may be necessary
to carry out this section.
303.
Expansion of
HarvestCorps program
(a)
Authority To
fund HarvestCorps grants
The
Secretary of Agriculture may enter into an agreement with the Director of the
Corporation for National and Community Service, under which the Secretary will
provide funds to the Corporation for National and Community Service to make up
to 10 annual grants under section 121 of the National and Community Service Act
of 1990 (42 U.S.C. 12571) to support the creation of the HarvestCorps
program—
(1) to alleviate
poverty and meet the food needs of low-income people by increasing their access
to supportive programs, such as the Summer Food Service Program, the
Supplemental Nutrition Assistance Program, tax credits, and other programs,
that increase the revenue and economic health of the low-income communities;
and
(2) to engage
community resources and promote partnerships that address local food access
issues.
(b)
Grant process;
elimination of cost-Sharing requirements
(1)
Competitive
process
Grants funded by the
Secretary under subsection (a) shall be awarded by the Corporation on a
competitive basis. The Corporation shall extend a preference to eligible
entities (as described in section 121(a) of the National and Community Service
Act of 1990 (42 U.S.C. 12571(a))) operating in the 10 States with the highest
food insecurity rates, as measured by the Department of Agriculture.
(2)
Grant amount;
duration
A grant funded by
the Secretary under subsection (a) may not exceed $1,000,000 per year. The
grant recipient may not receive a grant under this section for more than three
years.
(3)
Matching
funds
The matching funds
requirement of section 121(e) of the National and Community Service Act of 1990
(42 U.S.C. 12571(e)) shall not apply to grants funded by the Secretary under
subsection (a).
(c)
Statewide use of
grant
The recipient of a
grant funded by the Secretary under subsection (a) shall agree to provide
services on a statewide basis.
(d)
Sharing
information
The Secretary and
the Corporation may provide for the sharing of information concerning
HarvestCorps projects through publications, conferences, and other appropriate
forums, including sharing information with researchers, practitioners, and
other interested parties.
(e)
Authorization of
appropriations
There is
authorized to be appropriated to the Secretary of Agriculture $10,000,000 for
each of fiscal years 2014, 2015, and 2016 to carry out this section.
304.
Acquisition of
publically owned land and conversion to urban farms and community
gardens
(a)
Definitions
In this section:
(1)
Food
desert
The term food
desert has the meaning given the term underserved
community in section 25(a)(3) of the Food and Nutrition Act of 2008 (7
U.S.C. 2034(a)(3)).
(2)
Community land
trust
The term
community land trust means a community housing development
organization, as such term is defined in section 104(6) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(6)), except
that the requirements under subparagraphs (C) and (D) of such section shall not
apply for purposes of this section.
(b)
Grants
authorized
The Secretary of
Agriculture shall make competitive grants to nonprofit organizations, including
community land trusts, to assist the organizations—
(1) to purchase
publically owned land in a food desert; and
(2) to convert the
land for use as an urban farm or community garden for the production of
affordable, nutritious foods.
(c)
Matching funds
requirement
As a condition of
receiving a grant under this section, the nonprofit organization shall provide
an amount of funds equal to not less than the amount of the grant.
(d)
Authorization of
appropriations
There is authorized to be appropriated to the
Secretary of Agriculture such amounts as may be necessary to carry out this
section.
305.
Urban agricultural
workforce training pilot program
(a)
Authority
The Secretary of Agriculture, in
consultation with the Secretary of Labor, shall award not more than 25 grants
to eligible entities to develop and implement urban agricultural workforce
training programs.
(b)
Grants
(1)
Application
An
eligible entity seeking a grant under this section shall submit to the
Secretary of Agriculture an application containing—
(A) a description of
the urban agricultural workforce training program such entity intends to
develop and implement using grant funds; and
(B) such other
information as the Secretary may require.
(2)
Equal
amounts
The Secretary of Agriculture shall award grants under
this section in equal amounts.
(c)
Term of grants;
condition
(1)
Term
The
term of a grant awarded under this section shall be two years.
(2)
Condition
(A)
Two-year
availability of grant funds
Each recipient of a grant under this
section shall return to the Secretary of Agriculture any unused portion of such
grant at the end of the two-year period beginning on the date the grant was
awarded, together with any earnings on such unused portion.
(B)
Amounts
returned
The Secretary of Agriculture shall return to the general
fund of the Treasury of the United States any amounts returned pursuant to
subparagraph (A).
(d)
Use of
grants
(1)
In
general
An eligible entity that receives a grant under this
section may only use grant funds for the following purposes:
(A) To develop and
implement an urban agricultural workforce training program in accordance with
paragraph (2).
(B) To provide funding
to trainees to defray the start-up costs for new urban agricultural businesses
of such trainees.
(2)
Urban
agricultural activities
An urban agricultural workforce training
program developed and implemented by an eligible entity receiving a grant under
this section shall provide training for individuals to carry out any of the
following urban agricultural activities:
(A) Designing, constructing, and maintaining
biocellar structures.
(B) Community
gardening.
(C) Urban
farming.
(D) Viticulture.
(E) Agricultural
education.
(F) Rehabilitating
land for agricultural use.
(G) Developing
farmers’ markets.
(H) Transporting
fresh, local food.
(I) Developing mobile pantries for fresh
produce.
(3)
Limitation
Not
less than 30 percent of the amount received through a grant awarded under this
section shall be used to provide the funding described in paragraph
(1)(B).
(e)
Definitions
In
this section:
(1)
Eligible
entity
The term eligible entity means—
(A) a unit of general
local government located in an urban area (as defined by the Bureau of the
Census);
(B) a tribal
government;
(C) an accredited
college or university; or
(D) a nonprofit
organization.
(2)
State
The term State includes, in
addition to the several States of the United States, the Commonwealth of Puerto
Rico, the District of Columbia, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
(3)
Unit of general
local government
The term
unit of general local government means any city, county, town,
township, parish, village, or other general purpose political subdivision of a
State.
(f)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this section $5,000,000 for each of
fiscal years 2014 through 2018.
306.
Urban agriculture
development grants program
(a)
In
general
The Secretary of
Agriculture may make grants to persons to cover the cost of establishing or
operating a farm, garden, or aquacultural or other facility, in an urban area,
for the production of an agricultural or aquacultural product or the raising of
livestock for sale exclusively in the urban area.
(b)
Limitations on
use of grant
A person to whom
a grant is made under subsection (a) shall not use the grant for any expense
other than for community educational programming, transportation, equipment,
utilities, construction, rehabilitation of property, feed, or operating
expenses (excluding salaries).
(c)
Limitations on
authorization of appropriations
For grants under subsection (a),
there are authorized to be appropriated to the Secretary of Agriculture not
more than $8,000,000,000 for each fiscal year.
307.
Clean and safe
drinking water for urban areas and waterways
Section 1234(c)(3)(B) of the Food Security
Act of 1985 (16 U.S.C. 3834(c)(3)(B)) is amended by inserting , or the
extent to which water quality in a metropolitan statistical area (as defined by
the Director of the Office of Management and Budget) downstream from the land
that is the subject of the contract offer may be improved before the
period at the end.
308.
Extension of
assistance to socially disadvantaged urban farmers and ranchers
(a)
Eligible
land
Section 1240A(1)(B)(vi)
of the Food Security Act of 1985 (16 U.S.C. 3839aa–1(1)(B)(vi)) is amended by
inserting urban agricultural land, before and
agricultural land.
(b)
Increased
payments for certain producers
Section 1240B(d)(4)(A) of the Food
Security Act of 1985 (16 U.S.C. 3839aa–2(d)(4)(A)) is amended by inserting
, including a socially disadvantaged farmer engaged in farming in an
urban area of 50,000 or more people, before or a beginning
farmer or rancher,.
(c)
Assistance to
certain farmers or ranchers for conservation access
Section
1241(g)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3841(g)(1)(B)) is
amended by inserting , including socially disadvantaged farmers engaged
in farming in an urban area of 50,000 or more people before the period
at the end.
309.
Urban entrepreneur and microenterprise
assistance program
Subtitle D
of the Consolidated Farm and Rural Development Act is amended by inserting
after section 365 (7 U.S.C. 2008) the following:
366.
Urban entrepreneur and microenterprise
assistance program
(a)
Definitions
In this section:
(1)
Economically disadvantaged
microentrepreneur
The term
economically disadvantaged microentrepreneur means an owner,
majority owner, or developer of a microenterprise that has the ability to
compete in the private sector but has been impaired because of diminished
capital and credit opportunities, as compared to other microentrepreneurs in
the industry.
(2)
Indian tribe
The term Indian tribe has the
meaning given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(3)
Intermediary
The term intermediary means a
private, nonprofit entity that provides assistance—
(A) to a microenterprise development
organization; or
(B) for a microenterprise development
program.
(4)
Low-income individual
The term low-income individual means an
individual with an income (adjusted for family size) of not more than the
greatest of—
(A) 80 percent of median income of an
area;
(B) 80 percent of the statewide
non-metropolitan area median income; or
(C) 80 percent of the national median
income.
(5)
Microcredit
The term microcredit means a
business loan or loan guarantee of not more than $50,000 that is provided to an
urban entrepreneur.
(6)
Microenterprise
The term microenterprise
means—
(A) a sole proprietorship; or
(B) a business entity with not more than 10
full-time-equivalent employees.
(7)
Microenterprise development
organization
(A)
In general
The term microenterprise development
organization means a private, nonprofit entity that—
(i) provides training and technical assistance
to urban entrepreneurs; and
(ii) facilitates access to capital or another
service described in subsection (b) for urban entrepreneurs.
(B)
Inclusions
The term microenterprise development
organization includes an organization described in subparagraph (A) with
a demonstrated record of delivering services to economically disadvantaged
microentrepreneurs, or an effective plan to develop a program to deliver
microenterprise services to urban entrepreneurs effectively, as determined by
the Secretary.
(8)
Microenterprise development
program
The term
microenterprise development organization means a program
administered by an organization serving an urban area.
(9)
Microentrepreneur
The term microentrepreneur
means the owner, operator, or developer of a microenterprise.
(10)
Program
The term program means the
urban entrepreneur and microenterprise program established under subsection
(b)(1).
(11)
Qualified organization
The term qualified
organization means—
(A) a microenterprise development organization
or microenterprise development program that has a demonstrated record of
delivering microenterprise services to urban entrepreneurs, or an effective
plan to develop a program to deliver microenterprise services to urban
entrepreneurs effectively, as determined by the Secretary;
(B) an intermediary that has a demonstrated
record of delivery assistance to microenterprise development organizations or
microenterprise development programs;
(C) a microenterprise development organization
or microenterprise development program that serves urban entrepreneurs;
(D) an Indian tribe, the tribal government of
which certifies to the Secretary that no microenterprise development
organization or microenterprise development program exists under the
jurisdiction of the Indian tribe;
(E) a group of 2 or more organizations or
Indian tribes described in any of subparagraphs (A) through (D) that agree to
act jointly as a qualified organization under this section; or
(F) for purposes of subsection (b), a public
college or university.
(12)
Urban area
The term urban area means any
community that is urban in character and has—
(A) a population of
more than 25,000 individuals; or
(B) an average
population density of at least 1,000 individuals per square mile.
(13)
Urban capacity building
service
The term urban
capacity building service means a service provided to an organization
that—
(A) is, or is in the process of becoming, a
microenterprise development organization or microenterprise development
program; and
(B) serves urban areas for the purpose of
enhancing the ability of the organization to provide training, technical
assistance, and other related services to urban entrepreneurs.
(14)
Urban entrepreneur
The term urban entrepreneur
means a microentrepreneur, or prospective microentrepreneur—
(A) the principal place of business of which is
in a urban area; and
(B) that is unable to obtain sufficient
training, technical assistance, or microcredit elsewhere, as determined by the
Secretary.
(15)
Secretary
The term Secretary means the
Secretary of Agriculture, acting through the Rural Business-Cooperative
Service.
(16)
Tribal government
The term tribal government
means the governing body of an Indian tribe.
(b)
Urban Entrepreneurship and Microenterprise
Program
(1)
Establishment
The Secretary shall establish an urban
entrepreneurship and microenterprise program.
(2)
Purpose
The purpose of the program shall be to
provide low-income individuals and moderate-income individuals with—
(A) the skills necessary to establish new small
businesses in urban areas; and
(B) continuing technical and financial
assistance as individuals and business starting or operating small
businesses.
(3)
Grants
(A)
In general
The Secretary may make a grant under the
program to a qualified organization—
(i) to provide training, operational support,
or an urban capacity building service to a qualified organization to assist the
qualified organization in developing microenterprise training, technical
assistance, market development assistance, and other related services,
primarily for business with 5 or fewer full-time-equivalent employees;
(ii) to assist in researching and developing the
best practices in delivering training, technical assistance, and microcredit to
urban entrepreneurs; and
(iii) to carry out such other projects and
activities as the Secretary determines to be consistent with the purposes of
this section.
(B)
Subgrants
Subject to such regulations as the
Secretary may promulgate, a qualified organization that receives a grant under
this paragraph may use the grant to provide assistance to other qualified
organizations, such as small or emerging qualified organizations.
(C)
Diversity
In making grants under this paragraph, the
Secretary shall ensure, to the maximum extent practicable, that grant
recipients include qualified organizations—
(i) of varying sizes; and
(ii) that serve racially- and ethnically-diverse
populations.
(D)
Cost sharing
(i)
Federal share
The Federal share of the cost of a project
carried out using funds from a grant made under this paragraph shall be 75
percent.
(ii)
Form of non-Federal share
The non-Federal share of the cost of a
project described in clause (i) may be provided—
(I) in cash (including through fees, grants
(including community development block grants), and gifts); or
(II) in kind.
(4)
Urban microloan program
(A)
Establishment
In carrying out the program, the Secretary
may carry out an urban microloan program.
(B)
Purpose
The purpose of the urban microloan program
shall be to provide technical and financial assistance to sole proprietorships
and small businesses located in urban areas with a particular focus on those
businesses with 5 or fewer full-time equivalent employees.
(C)
Authority of secretary
In carrying out the urban microloan
program, the Secretary may—
(i) make direct loans to qualified
organizations for the purpose of making short-term, fixed interest rate
microloans to startup, newly established, and growing urban microbusiness
concerns; and
(ii) in conjunction with those loans, provide
grants in accordance with subparagraph (E) to those qualified organizations for
the purpose of providing intensive marketing, management, and technical
assistance to small business concerns that are borrowers under this
paragraph.
(D)
Loan duration; interest rates;
conditions
(i)
Loan duration
A loan made by the Secretary under this
paragraph shall be for a term of 20 years.
(ii)
Applicable interest rates
A loan made by the Secretary under this
paragraph to a qualified organization shall bear an annual interest rate of at
least 1 percent.
(iii)
Deferral of interest and
principal
The Secretary may
permit the deferral of payments, for principal and interest, on a loan made
under this paragraph for a period of not more than 2 years, beginning on the
date on which the loan was made.
(E)
Grant amounts
(i)
In general
Except as otherwise provided in this
section, each qualified organization that receives a loan under this paragraph
shall be eligible to receive a grant to provide marketing, management, and
technical assistance to small business concerns that are borrowers or potential
borrowers under this subsection.
(ii)
Maximum amount of grant for microenterprise
development organizations
Each microenterprise development
organization that receives a loan under this paragraph shall receive an annual
grant in an amount equal to not more than 25 percent of the total outstanding
balance of loans made to the microenterprise development organization under
this paragraph, as of the date of provision of the grant.
(iii)
Matching Requirement
(I)
In general
As a condition of any grant made to a
qualified organization under this subparagraph, the Secretary shall require the
qualified organization to match not less than 15 percent of the total amount of
the grant.
(II)
Sources
In addition to cash from non-Federal
sources, a matching share provided by the qualified organization may include
indirect costs or in-kind contributions funded under non-Federal
programs.
(c)
Administrative expenses
Not more than 10 percent of assistance
received by a qualified organization for a fiscal year under this section may
be used to pay administrative expenses.
(d)
Funding
(1)
In general
Not later than 30 days after the date of
enactment of this section, and on October 1, 2013, and each October 1
thereafter through October 1, 2017, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to the
Secretary to carry out this section $50,000,000, to remain available until
expended.
(2)
Allocation of funds
Of the amount made available by paragraph
(1) for each fiscal year—
(A) not less than $30,000,000 shall be
available for use in carrying out subsection (b)(3); and
(B) not less than $20,000,000 shall be
available for use in carrying out subsection (b)(4), of which not more than
$7,000,000 shall be used to support direct loans.
(C)
Receipt and acceptance
The Secretary shall be entitled to receive,
shall accept, and shall use to carry out this section the funds transferred
under paragraph (1), without further
appropriation.
.
310.
Local farm
business and market garden competitive loan program
(a)
Definitions
In
this section:
(1)
Agricultural
commodity
The term agricultural commodity has the
meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7
U.S.C. 5602).
(2)
Eligible lending
entity
The term eligible lending entity means a
government agency, nonprofit organization, or any other entity that the
Secretary designates to finance and facilitate the development of a local farm
business project or market garden project.
(3)
Eligible
producer
The term eligible producer means an
individual or group of individuals who carry out a local farm business project
or market garden project.
(4)
Food
desert
The term food
desert has the meaning given the term in section 7527(a) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat.
2039).
(5)
Local farm
business project
The term local farm business
project means a project on a farm or ranch that—
(A) is for the
production of an agricultural commodity for local markets in the local service
area; and
(B) is located on 1 or
more property lots, the cumulative acreage of which shall be more than 1
acre.
(6)
Local service
area
The term local service area means an area
consisting of a certain mile radius (as determined by the Secretary) from the
physical location of production by an eligible local farm business or market
garden project.
(7)
Market garden
project
The term market garden project means a
project that—
(A) is for the
production of an agricultural commodity for local markets in the local service
area; and
(B) is located on 1 or
more property lots (regardless of the population density of the area in which
the property lots are located), the cumulative acreage of which shall be more
than ¼ acre.
(8)
Revolving loan
fund
The term revolving loan fund means a revolving
loan fund established by an eligible lending entity as described in subsection
(c).
(9)
Secretary
The
term Secretary means the Secretary of Agriculture.
(10)
Socially
disadvantaged farmer or rancher
The term socially
disadvantaged farmer or rancher has the meaning given the term in
section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e)).
(11)
Specialty
crop
The term specialty crop has the meaning given
the term in section 3 of the Specialty Crops Competitiveness Act of 2004 (7
U.S.C. 1621 note; Public Law 108–465).
(12)
Sustainable
agriculture
The term sustainable agriculture has the
meaning given the term in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
(b)
Competitive loan
program for eligible lending entities
(1)
In
general
To support new entrepreneurship and job creation, the
Secretary shall establish a local farm business and market garden competitive
loan program under which the Secretary shall make available to eligible lending
entities loans to develop revolving loan funds to assist—
(A) eligible producers
in establishing local farm business projects or market garden projects that
will locally produce fresh foods; and
(B) local farm
business projects and market garden projects to create local employment
opportunities by—
(i) increasing farm
and garden income by connecting producers and consumers;
(ii) creating more
reliable local food systems;
(iii) diversifying
food production;
(iv) increasing
consumer access to fresh, local healthful foods produced by local farms,
ranches, and market gardens in urban, suburban, or rural areas;
(v) supporting
nutrition education that incorporates participation of school children in farm-
and garden-based agricultural education activities; and
(vi) preserving
farmland.
(2)
Eligibility
To
be eligible to receive a loan under the program established under paragraph
(1), an eligible lending entity shall submit to the Secretary an application at
such time, in such form, and containing such information as the Secretary may
require.
(3)
Selection
criteria
(A)
Approval
Not
later than 1 year after the date of enactment of this section and in accordance
with this paragraph, the Secretary shall, on a competitive basis, begin
assessing and approving such applications received under paragraph (2) as the
Secretary considers appropriate.
(B)
Criteria
In
considering a loan application received under paragraph (2), the Secretary
shall—
(i) evaluate the
extent to which the application demonstrates the ability of the eligible
lending entity—
(I) to manage, market,
and administer a revolving loan fund;
(II) to assist local
eligible producers to successfully meet local service area
opportunities;
(III) to work with
partners to provide technical support to eligible local farm business projects
and market garden projects;
(IV) to recruit,
educate, and assist local producers to advance local farming and ranching
opportunities that meet local service area needs; and
(V) subject to
paragraph (5), to provide matching funds in the form of cash or in-kind
services to properly implement and manage the revolving loan fund;
(ii) assess—
(I) the number and
type of local farm business projects and market garden projects to be affected
by local farm business project loan funding;
(II) the number of new
jobs and eligible local farm business projects and market garden projects to be
created by the revolving loan fund;
(III) the ability of
an eligible local farm business project or market garden project—
(aa) to
preserve farmland through economically and environmentally sustainable
agriculture practices (as determined by the Secretary); and
(bb) to
serve schools and institutions with a high proportion of students who are
eligible for free or reduced price lunches under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.);
(IV) the degree to
which an eligible local farm business project or market garden project—
(aa) incorporates
experiential nutrition education;
(bb) demonstrates the
potential positive economic impact for the local economy;
(cc) demonstrates
environmentally sustainable agriculture practices; and
(dd) demonstrates a
collaboration between schools or educational institutions, nongovernmental
organizations, producer groups, and other community and business partners;
and
(V) the market
opportunity for eligible local farm business projects or market garden projects
to sell products in the local community; and
(iii) consider any
other factors that the Secretary determines to be appropriate.
(C)
Regional
balance
To the maximum extent practicable, in awarding loans
under this section, the Secretary shall ensure that loan recipients—
(i) are
geographically diverse;
(ii) serve clients
targeted by the loan program, including socially disadvantaged farmers or
ranchers;
(iii) serve clients
located in areas with a variety of population densities, including rural,
suburban, urban, and tribal areas; and
(iv) identify and
serve food deserts within the local service area.
(D)
Priority
(i)
In
general
In considering loan applications received under paragraph
(2), the Secretary shall give priority to applications that demonstrate the
ability and willingness of the eligible lending entity—
(I) to serve clients
targeted by the program, including, as appropriate, socially disadvantaged
farmers or ranchers;
(II) to assist with
the financial management aspects of specialty crop farming and other types of
local agricultural projects; and
(III) to address the
nutritional needs of an underserved area, as determined in accordance with
clause (ii).
(ii)
Underserved
areas
In determining whether an area is an underserved area, the
Secretary shall consider—
(I) population
density;
(II) below-average
supermarket density or sales;
(III) the rate of
ownership of motor vehicles; and
(IV) geographical or
physical barriers, such as highways, mountains, major parks, or bodies of
water.
(4)
Loan terms for
eligible lending entities
(A)
In
general
For each fiscal year for which the Secretary makes a loan
to an eligible lending entity under this subsection, the loan shall—
(i) be
in an amount that is not less than $200,000 and not more than $1,000,000;
and
(ii) be
used by the eligible lending entity to establish a revolving loan fund to
provide loans for local farm business projects or market garden
projects.
(B)
Term
The
term of a loan under this subsection shall not exceed 20 years from the date on
which the loan is finalized.
(C)
Loan financing
terms
In making loans to eligible lending entities under this
subsection, the Secretary shall—
(i) set
the rate of interest at not more than 2 percent per year; and
(ii) ensure that no
payments are due on the loan during the first 2 years of the loan.
(5)
Matching
funds
The Secretary may not require an eligible lending entity
that receives a loan under this subsection to provide, from non-Federal
sources, in cash or in-kind, the cost of carrying out activities under the
loan.
(6)
Administrative
expenses
(A)
In
general
Each eligible lending entity that receives a loan under
this subsection shall be eligible additionally to receive a one-time grant for
purposes described in subparagraph (B) in an amount that is not more than the
lesser of—
(i) 10
percent of the total amount of the loan received by the eligible lending
entity; or
(ii) $50,000.
(B)
Use of grant
funds
Grant funds received under subparagraph (A) may be used by
the eligible lending entity only to pay management and technical support costs
associated with the loan.
(C)
Interest
rate
If an eligible lending entity receives a grant under
subparagraph (A), the eligible lending entity may not set the interest rate of
loans made by the eligible lending entity to local farm business projects or
market garden projects at more than 3 percent per year.
(7)
Progress
reports
(A)
In
general
Not later than 90 days after the last day of each fiscal
year, each eligible lending entity that has a loan under this subsection shall
submit to the Secretary a report that includes—
(i) an
evaluation of the progress of the revolving loan fund carried out by the
eligible lending entity;
(ii) a
description of the revolving loan fund, including information on all loans made
to local farm business projects or market garden projects;
(iii) a
status update for the local farm business projects and market garden projects
funded by the revolving loan fund that describes—
(I) the amount of food
produced;
(II) the amount of
revenue generated; and
(III) the number of
new and retained jobs; and
(iv) such other
information as the Secretary may require.
(B)
Reports by the
Secretary
Not later than 3 years after the date of enactment of
this section, the Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the results and findings of the
loan program carried out under this subsection.
(8)
Annual
review
The Secretary shall conduct an annual review of the
financial records of each eligible lending entity that receives funding under
this subsection—
(A) to assess the
financial soundness of the eligible lending entity; and
(B) to determine the
effective use of loan and grant funds made available to the eligible lending
entity under this subsection.
(c)
Revolving loan
fund
(1)
Establishment
and purpose
Each eligible lending entity that receives a loan
under subsection (b) shall use the funds to establish a revolving loan fund to
provide loans to eligible producers in the local service area.
(2)
Eligible
activities
Loans made by an eligible lending entity under this
subsection shall be used by the eligible producer to carry out eligible
activities in the local service area, including—
(A) to carry out
production projects for value-added food products;
(B) to provide working
capital for general operational costs of the local farm business project or
market garden project;
(C) to purchase
project-related equipment;
(D) to purchase seeds,
plants, and fruit or nut trees;
(E) to purchase
livestock, poultry, and breeding stock;
(F) to construct and
maintain irrigation systems;
(G) to construct
buildings (including barns, sheds, greenhouses, and dry and cold storage sheds)
necessary to support production;
(H) to lease, lease to
purchase, or directly purchase farmland or make a down payment on an accepted
purchase offer for farmland; or
(I) to carry out any
other activity that the Secretary determines to be in accordance with this
section.
(3)
Loan
conditions
(A)
In
general
To be eligible to receive a loan under this section from
an eligible lending entity, an eligible producer shall—
(i) supply a minimum
level of support of the cost of the local farm business project, market garden
project, or institution costs, as determined by the Secretary; and
(ii) submit to the
eligible lending entity—
(I) documentation of,
as appropriate—
(aa) a
long-term land lease contract granting the right to perform local production
agriculture;
(bb) a
building lease; or
(cc) a
deed of property ownership; and
(II) a conservation
plan and a sound business plan that is likely to result in a profitable
business with sustainable employment for the eligible producer and any
employees.
(B)
Secretarial
approval; guarantee
(i)
Approval
Before
an eligible lending entity may make a loan or package of loans to an eligible
producer under this section, the Secretary shall approve the loan or package of
loans in accordance with the requirements of this section.
(ii)
Loan
guarantee
The Secretary shall guarantee not more than 85 percent
of the principal and interest on each loan approved under clause (i).
(4)
Priority
In
making loans under this subsection, the eligible lending entity shall give
priority to eligible producers that are operated by, or that support—
(A) qualified
beginning farmers or ranchers (as defined in section 343(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a))) and socially disadvantaged
farmers or ranchers;
(B) existing eligible
producers, whether owners or tenants, who use loan funds to convert to
agricultural production systems approved by the Secretary;
(C) eligible producers
who use loan funds to build conservation structures or carry out conservation
practices;
(D) eligible producers
who will supply fresh and locally produced food to underserved communities;
and
(E) existing eligible
producers of agriculture commodities who want to diversify farm, ranch, or
market garden production and income.
(5)
Loan terms for
eligible producers
(A)
In
general
A loan made by an eligible lending entity to an eligible
producer under this subsection shall be in an amount that is—
(i) in
the case of a local farm business project, not less than $5,000 and not more
than $100,000; and
(ii) in
the case of a market garden project, not less than $3,000 and not more than
$50,000.
(B)
Term
The
term of a loan under this subsection shall not exceed—
(i) in
the case of a loan in an amount that is not more than $35,000, 12 years from
the date on which the loan is finalized; and
(ii) in
the case of all other loans, 20 years from the date on which the loan is
finalized.
(C)
Loan financing
terms
In making loans under this subsection, an eligible lending
entity shall—
(i) set
the rate of interest at not more than 3 percent per year;
(ii) ensure that no
payments are due on the loan during the first 9 months of the loan; and
(iii) ensure that only
interest is due on the loan during the period beginning on the last day of the
period described in clause (ii) and ending 24 months after the issuance of the
loan.
(D)
Loan
forgiveness
If an eligible producer has received a loan under
this section to carry out a local farm business project or market garden
project, and after 3 years the Secretary determines that the project is
successful, the Secretary may offer to forgive—
(i) up
to 10 percent of the outstanding amount of the loan; and
(ii) in
the case of an eligible producer supporting sustainable agriculture practices,
up to 20 percent of the outstanding amount of the loan.
(d)
Authorization of
appropriations
There are authorized to be appropriated to the
Secretary for each of fiscal years 2014 through 2022—
(1) $20,000,000 to
provide loans and grants under subsection (b); and
(2) $100,000 for the
administrative costs of carrying out this section.
IV
Eradicating
Hunger
401.
Weekends and
holidays without hunger
Section 18 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the
following:
(l)
Weekends and
holidays without hunger
(1)
Definitions
In
this subsection:
(A)
At-risk school
child
The term at-risk school child has the meaning
given the term in section 17(r)(1).
(B)
Eligible
institution
(i)
In
general
The term eligible institution means a public
or private nonprofit institution that is determined by the Secretary to be able
to meet safe food storage, handling, and delivery standards established by the
Secretary.
(ii)
Inclusions
The
term eligible institution includes—
(I) an elementary or
secondary school or school food service authority;
(II) a food bank or
food pantry;
(III) a homeless
shelter; and
(IV) such other type
of emergency feeding agency as is approved by the Secretary.
(2)
Establishment
Subject to the availability of
appropriations provided in advance in an appropriations Act specifically for
the purpose of carrying out this subsection, the Secretary shall establish a
program under which the Secretary shall provide commodities, on a competitive
basis, to eligible institutions to provide nutritious food to at-risk children
on weekends and during extended school holidays during the school year.
(3)
Eligibility
(A)
In
general
To be eligible to receive commodities under this
subsection, an eligible institution shall submit an application to the
Secretary at such time, in such manner, and containing such information as the
Secretary may determine.
(B)
Plan
An
application under subparagraph (A) shall include the plan of the eligible
institution for the distribution of nutritious foods to at-risk school
children, including—
(i) methods of food
service delivery to at-risk school children;
(ii) assurances that
children receiving foods under the project will not be publicly separated or
overtly identified;
(iii) lists of the
types of food to be provided under the project and provisions to ensure food
quality and safety;
(iv) information on
the number of at-risk school children to be served and the per-child cost of
providing the children with food; and
(v) such other
information as the Secretary determines to be necessary to assist the Secretary
in evaluating projects that receive commodities under this subsection.
(4)
Priority
In
selecting applications under this subsection, the Secretary shall give priority
to eligible institutions that—
(A) have on-going
programs and experience serving populations with significant proportions of
at-risk school children;
(B) have a good record
of experience in food delivery and food safety systems;
(C) maintain high
quality control, accountability, and recordkeeping standards;
(D) provide children
with readily consumable food of high nutrient content and quality;
(E) demonstrate cost
efficiencies and the potential for obtaining supplemental funding from
non-Federal sources to carry out projects; and
(F) demonstrate the
ability to continue projects for the full approved term of the pilot project
period.
(5)
Guidelines
(A)
In
general
The Secretary shall issue guidelines containing the
criteria for projects to receive commodities under this section.
(B)
Inclusions
The
guidelines shall, to the maximum extent practicable within the funds available
and applications submitted, take into account—
(i) geographical
variations in project locations to include qualifying projects in rural, urban,
and suburban areas with high proportions of families with at-risk school
children;
(ii) different types
of projects that offer nutritious foods on weekends and during school holidays
to at-risk school children; and
(iii) institutional
capacity to collect, maintain, and provide statistically valid information
necessary for the Secretary—
(I) to analyze and
evaluate the results of the pilot project; and
(II) to make
recommendations to Congress.
(6)
Evaluation
(A)
Interim
evaluation
Not later than
November 30, 2016, the Secretary shall complete an interim evaluation of the
pilot program carried out under this subsection.
(B)
Final
report
Not later than
December 31, 2017, the Secretary shall submit to Congress a final report that
contains—
(i) an evaluation of the pilot program carried
out under this subsection; and
(ii) any
recommendations of the Secretary for legislative action.
(7)
Funding
(A)
Authorization of
appropriations
There is
authorized to be appropriated to carry out this section such sums as are
necessary, to remain available until expended.
(B)
Availability of
funds
Not more than 3 percent of the funds made available under
subparagraph (A) may be used by the Secretary for expenses associated with
review of the operations and evaluation of the projects carried out under this
subsection.
.
402.
Expansion and
modernization of the commodity supplemental food program
Section 5 of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) is amended—
(1) in subsection
(a)—
(A) in paragraph (1)
by striking 2008 through 2012 and inserting 2014 through
2018, and
(B) in paragraph
(2)(B) by striking 2004 through 2012 and inserting 2014
through 2018, and
(2) in subsection (g) by striking paragraph (2)
and inserting the following:
(2) women, infants and children participating
in the program as of the effective date of this paragraph.
The
Secretary may not require the enrollment in the program of women, infants, and
children who are not participating in the program before the effective date of
this
sentence.
.
403.
Expansion and
modernization of the emergency food assistance program
(a)
Amendments to
the Food and Nutrition Act of 2008
Section 27(a)(2) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2036(a)(2)) is amended—
(1) by striking
subparagraphs (A) and (B) and inserting the following:
(A) for fiscal years 2014 through 2018,
$350,000,000; plus $100,000,000 for each percentage point that unemployment
exceeds the rate as of June 2008 (prorated such that each change of 0.1 percent
shall result in a change in funding of $10,000,000). The unemployment rate from
June of the immediately preceding fiscal year shall be used to compute change
from June 2008. In any fiscal year, the amount calculated in this subparagraph
shall not be less than
$350,000,000.
,
(2) in subparagraph
(C)—
(A) by striking
(C) and inserting (B),
(B) by striking
2010 through 2012 and inserting 2014 through
2018,
(C) by striking
subparagraph (B) and inserting subparagraph (A),
and
(D) by striking the
period at the end and inserting ; and, and
(3) by adding at the
end the following:
(C) of the total funds made available under
subparagraphs (A) and (B), not less than $100,000,000 shall be to support State
and local storage and distribution costs. In addition, each year States may
transfer up to 5 percent of total funds provided for commodity purchases into
accounts used to fund storage and distribution costs at their
discretion
.
(b)
Amendments to
the emergency food assistance act of 1983
The Emergency Food Assistance Act of 1983
(7 U.S.C. 7501 et seq.) is amended—
(1) in section 202 by
adding at the end the following:
(h) In addition to other considerations,
including but not limited to the need to intervene in depressed domestic
agricultural markets, the Secretary shall consider the needs of States and
demands on emergency food providers in making commodity purchase
decisions.
,
and
(2) in section 204 by
striking 2008 and inserting 2014.
(c)
Authority To use
section 32 funds To respond to situations of high rates of food insecurity or
unemployment
The second sentence of section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c) is amended in paragraph (2) by inserting after
low-income groups the following: or in situations of high
rates of food insecurity or unemployment,.
404.
Food bank
equipment and technology program
(a)
Authority for
program
The Secretary of
Agriculture shall develop and carry out a food bank equipment and technology
program to make grants to eligible entities to be used within a 1-year period
for the purchase of operating equipment and technology that increases the
efficiency of a food bank. Eligible entities include nonprofit entities that
operate food banks in urban areas.
(b)
Authorization of
appropriations
There is
authorized to be appropriated to carry out this section $10,000,000 for each of
the fiscal years in the 3-year period beginning on the October 1 of the 1st
fiscal year that begins after the date of the enactment of this Act.
V
Go
Green
501.
Green and
Sustainable Schools, Museums, and Libraries Grant Program
(a)
Grant
program
The Secretary of
Agriculture, in consultation with the Secretary of Energy, shall establish a
program to provide competitive grants to schools, museums, and libraries to
increase energy efficiency.
(b)
Criteria
In
awarding grants under subsection (a), the Secretary of Agriculture shall target
schools, museums, and libraries that are the most inefficient in the usage of
energy and whose insulation, lighting, and equipment would benefit most by
being upgraded to insulation, lighting, and equipment that is more energy
efficient.
(c)
Use of
funds
A school, museum, or library receiving a grant under
subsection (a) shall use the funds received under such grant—
(1) to increase energy
efficiency through new construction, rehabilitation, expansion, and upgrades;
and
(2) for organized
programs, events, and initiatives to educate employees of schools, museums, or
libraries on how to become more energy efficient.
(d)
Definitions
In
this section:
(1)
Museum
The
term museum means a museum accredited by the American
Association of Museums.
(2)
School
The
term school means an elementary school or a secondary school, as
those terms are defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).