[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1036 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1036
To amend the Food and Nutrition Act of 2008 to streamline nutrition
access for older adults and adults with disabilities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2023
Mr. Casey (for himself, Mrs. Gillibrand, Mr. Fetterman, Mr. Blumenthal,
Mr. Kelly, and Ms. Warren) introduced the following bill; which was
read twice and referred to the Committee on Agriculture, Nutrition, and
Forestry
_______________________________________________________________________
A BILL
To amend the Food and Nutrition Act of 2008 to streamline nutrition
access for older adults and adults with disabilities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Hunger Prevention Act of
2023''.
SEC. 2. IMPROVING EFFICACY OF THE SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM.
(a) Certification Period.--Section 3(f) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(f)) is amended in the second sentence by
striking ``24'' and inserting ``36''.
(b) Standard Medical Expense Deduction.--Section 5(e)(5) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended--
(1) in the paragraph heading, by striking ``Excess
medical'' and inserting ``Medical'';
(2) in subparagraph (A), by striking ``an excess medical''
and all that follows through the period at the end and
inserting ``a standard medical deduction or a medical expense
deduction of actual costs for the allowable medical expenses
incurred by the elderly or disabled member, exclusive of
special diets.'';
(3) in subparagraph (B)(i), by striking ``excess''; and
(4) by adding at the end the following:
``(D) Standard medical expense deduction amount.--
``(i) In general.--Except as provided in
clause (ii), the standard medical expense
deduction shall be--
``(I) for fiscal year 2024, $155;
and
``(II) for each subsequent fiscal
year, equal to the applicable amount
for the immediately preceding fiscal
year as adjusted to reflect changes for
the 12-month period ending the
preceding June 30 in the Consumer Price
Index for All Urban Consumers: Medical
Care published by the Bureau of Labor
Statistics of the Department of Labor.
``(ii) Exception.--For any fiscal year, a
State agency may establish a greater standard
medical expense deduction than described in
clause (i) if the greater deduction satisfies
cost neutrality standards established by the
Secretary for that fiscal year.''.
(c) Value of Allotment.--Section 8(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2017(a)) is amended in the proviso clause by striking
``8 percent'' and inserting ``\1/3\''.
SEC. 3. STREAMLINING NUTRITION ACCESS FOR OLDER ADULTS AND ADULTS WITH
DISABILITIES.
(a) Definition of Elderly and Disabled.--Section 3(j)(2)(B) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012(j)(2)(B)) is amended by
inserting ``(which includes medical assistance provided to an
individual described in section 1902(e)(14)(D)(i)(III) of the Social
Security Act (42 U.S.C. 1396a(e)(14)(D)(i)(III)))'' after ``(42 U.S.C.
1396 et seq.)''.
(b) Elderly Simplified Application Program.--The Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the
following:
``SEC. 31. ELDERLY SIMPLIFIED APPLICATION PROGRAM.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish a program, to
be known as the `elderly simplified application program' (referred to
in this section as `ESAP'), under which a State, in carrying out the
supplemental nutrition assistance program, may elect to implement a
streamlined application and certification process for households in
which all adult members--
``(1) are elderly or disabled members; and
``(2) have no earned income.
``(b) Certification Period.--The certification period for
participants in ESAP shall be 36 months.
``(c) Income and Other Data Verification.--
``(1) In general.--A State agency determining the
eligibility for an applicant household under ESAP shall,
notwithstanding section 11(e)(3)--
``(A) to the maximum extent practicable, use data
matching for income verification and household size;
and
``(B)(i) allow self-declaration by the applicant of
the information required under section 273.2(f) of
title 7, Code of Federal Regulations (or successor
regulations); but
``(ii) verify, prior to certification of the
household, factors of eligibility provided by the
applicant that the State agency determines are
questionable.
``(2) Accountability and fraud prevention.--In carrying out
paragraph (1), a State agency shall establish accountability
and fraud protection measures to deter fraud and ensure the
integrity of ESAP and the supplemental nutrition assistance
program.
``(d) Interviews.--Notwithstanding section 11(e)(6)(A), for
recertification of a household under ESAP, the State agency shall not
require an interview unless requested by the household, which may be
conducted virtually.
``(e) Guidance.--Prior to the establishment of ESAP under
subsection (a), the Administrator of the Food and Nutrition Service
shall develop guidance for States, including by consulting with States,
to carry out ESAP, which shall include--
``(1) general implementation guidelines;
``(2) reporting requirements;
``(3) quality control requirements; and
``(4) best practices.''.
(c) Combined Application Program.--The Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (b)) is amended
by adding at the end the following:
``SEC. 32. COMBINED APPLICATION PROGRAM.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary, in coordination with the
Commissioner of Social Security, shall establish a program, to be known
as the `combined application program' (referred to in this section as
`CAP'), under which a State, in carrying out the supplemental nutrition
assistance program, may elect to implement a streamlined application
process for households in which all adult members are applicants for or
recipients of benefits under title II of the Social Security Act (42
U.S.C. 401 et seq.) on the basis of a disability or supplemental
security income under title XVI of that Act (42 U.S.C. 1381 et seq.).
``(b) Purposes.--The purposes of CAP are--
``(1) to reduce the need for households described in
subsection (a) to have in-person interviews with State offices
administering the supplemental nutrition assistance program;
and
``(2) to increase participation in the supplemental
nutrition assistance program by simplifying the application
process for that program through increased automation and
simplified calculation of benefits.
``(c) CAP Models.--The Secretary, in coordination with the
Commissioner of the Social Security Administration, shall offer, at a
minimum, each of the following models for States to implement CAP:
``(1) Standard model.--
``(A) In general.--Under the standard model, the
Commissioner of the Social Security Administration and
the State agency administering the supplemental
nutrition assistance program shall coordinate--
``(i) to develop a simplified joint
application process for the supplemental
nutrition assistance program that uses
standardized benefit amounts or standardized
shelter expenses, in accordance with this
paragraph; and
``(ii) to conduct outreach to adult members
receiving supplemental security income under
title XVI of the Social Security Act (42 U.S.C.
1381 et seq.) that are not receiving benefits
under the supplemental nutrition assistance
program.
``(B) Standardized benefit amounts.--
``(i) In general.--Under the standardized
model described in subparagraph (A), applicants
shall receive a standardized or automated
benefit level under the supplemental nutrition
assistance program based on their shelter
expenses and other income.
``(ii) Minimum standardized benefit
levels.--At a minimum, there shall be 2
standardized benefit levels under clause (i),
including, as determined by the State--
``(I) a level for participants with
low shelter expenses; and
``(II) a level for participants
with high shelter expenses.
``(iii) Comparable amount.--A State shall
ensure that the amount provided under a
standardized benefit level under clause (i) is
comparable to an amount that a participant
would otherwise receive under the supplemental
nutrition assistance program.
``(iv) Referral.--A State shall refer a
household described in subsection (a) to the
supplemental nutrition assistance program
instead of enrolling that household in CAP if
the standardized amount that the household
would receive under CAP would be significantly
less than the amount of benefits that the
household would receive under the supplemental
nutrition assistance program.
``(C) Standardized shelter expenses.--In computing
an excess shelter expense deduction under section
5(e)(6), a State agency may use a standard utility
allowance in accordance with regulations promulgated by
the Secretary.
``(2) Modified model.--Under the modified model, a State
agency administering the supplemental nutrition assistance
program shall--
``(A) conduct outreach to prospective participants
in the supplemental nutrition assistance program using
information from the Social Security Administration to
identify households described in subsection (a) that
are not participants in the supplemental nutrition
assistance program; and
``(B) send to those households simplified
application forms for the supplemental nutrition
assistance program.''.
SEC. 4. ENROLLMENT AND OUTREACH PILOT PROGRAM FOR OLDER ADULTS, KINSHIP
FAMILIES, AND ADULTS WITH DISABILITIES.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as
amended by section 3(c)) is amended by adding at the end the following:
``SEC. 33. ENROLLMENT AND OUTREACH PILOT PROGRAM FOR OLDER ADULTS,
KINSHIP FAMILIES, AND ADULTS WITH DISABILITIES.
``(a) Definitions.--In this section:
``(1) Disability.--The term `disability' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or local government agency;
``(B) an Indian tribe or tribal organization;
``(C) a nonprofit organization, including a public
or nonprofit provider of services;
``(D) a community-based organization; and
``(E) an educational provider.
``(3) Kinship family.--The term `kinship family' means a
family in which a child resides with and is being raised by a
grandparent, another extended family member, or an adult with
whom the child has a close family-like relationship, such as a
godparent or a close family friend.
``(4) Older adult.--The term `older adult' has the meaning
given the term `older individual' in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002).
``(5) Pilot program.--The term `pilot program' means the
pilot program established under subsection (b).
``(b) Establishment.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish a pilot
program, to be known as the `Enrollment and Outreach Pilot Program for
Older Adults, Kinship Families, and Adults with Disabilities', under
which the Secretary shall award grants to eligible entities--
``(1) to raise awareness among older adults, kinship
families, and adults with disabilities of the availability,
eligibility requirements, application procedures, and benefits
of the supplemental nutrition assistance program; and
``(2) to support older adults, kinship families, and adults
with disabilities in enrolling in that program.
``(c) Priority.--In awarding grants under the pilot program, the
Secretary shall give priority to--
``(1) eligible entities that--
``(A) provide services to older adults or adults
with disabilities;
``(B) provide services to kinship families,
including kinship navigator programs;
``(C) have experience implementing programs that
receive funding under the Older Americans Act of 1965
(42 U.S.C. 3001 et seq.);
``(D) have experience implementing programs
administered by the Food and Nutrition Service; or
``(E) receive, plan to receive, or demonstrate an
ability to partner with a program that receives funding
under the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.), the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), or nutrition programs
administered by the Secretary; and
``(2) projects that will--
``(A) serve communities with high rates of food
insecurity, malnutrition, or low food access;
``(B) serve rural communities, indigenous
communities, or communities of color;
``(C) serve members of the lesbian, gay, bisexual,
transgender, and queer community;
``(D) serve adults with limited English
proficiency;
``(E) serve veterans;
``(F) serve residents in federally subsidized
housing, including federally subsidized housing units
for older adults and adults with disabilities;
``(G) serve residents living in housing serving
kinship families; and
``(H) incorporate nutrition education activities
that promote healthy eating and active lifestyles.
``(d) Eligible Activities.--An eligible entity receiving a grant
under the pilot program shall use the grant to carry out 1 or more of
the following activities:
``(1) Application assistance, including--
``(A) eligibility prescreening;
``(B) assistance completing an application for the
supplemental nutrition assistance program;
``(C) assistance obtaining application verification
documents;
``(D) medical expense deduction counseling; and
``(E) translation of materials and bilingual
accommodation.
``(2) Tailored information dissemination about the
supplemental nutrition assistance program, including through--
``(A) community-based outreach workshops and
events;
``(B) a toll-free hotline to provide information
about Federal, State, and local food resources;
``(C) informational websites and other social media
sites; and
``(D) printed or digital informational content.
``(3) Transportation, including--
``(A) transportation to or from a local office of
the supplemental nutrition assistance program; and
``(B) administration of vouchers or similar items
for the transportation described in subparagraph (A).
``(4) Identification, implementation, analysis, and
dissemination of replicable and scalable models for increasing
enrollment in the supplemental nutrition assistance program
among older adults, kinship families, and adults with
disabilities.
``(e) Grants.--
``(1) Maximum amount.--A grant awarded under the pilot
program to an eligible entity for a fiscal year shall be not
less than $50,000, but not more than $250,000.
``(2) Duration.--An eligible entity may be awarded a grant
under the pilot program for not more than 5 years.
``(f) Evaluation.--Not later than 2 years after the date of
establishment of the pilot program, the Secretary shall conduct an
evaluation of the pilot program.
``(g) Funding.--
``(1) In general.--In addition to amounts otherwise
available, there is appropriated, out of any funds in the
Treasury not otherwise appropriated, $12,250,000, to remain
available until expended, to carry out the pilot program, of
which not more than $250,000 shall be used to carry out the
evaluation under subsection (f).
``(2) Administrative costs.--Of the amounts made available
under paragraph (1) (excluding the amount made available to
carry out subsection (f)), not more than 3 percent may be used
by the Secretary for administrative costs.''.
SEC. 5. FOOD DELIVERY UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as
amended by section 4) is amended by adding at the end the following:
``SEC. 34. FOOD DELIVERY.
``(a) Definitions.--In this section:
``(1) Covered retail food store.--The term `covered retail
food store' means a retail food store, a public or private
nonprofit meal delivery service, or a public or nonprofit meal
delivery provider participating in the supplemental nutrition
assistance program that is unable to cover the cost of food
delivery for participants of that program.
``(2) Employee.--The term `employee' has the meaning given
the term in section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203).
``(b) Program Modifications.--
``(1) In general.--In carrying out the supplemental
nutrition assistance program, the Secretary shall--
``(A) notify retail food stores participating in
the supplemental nutrition assistance program of
existing opportunities through which the retail food
stores can deliver food to program participants,
including by--
``(i) allowing an EBT card to be swiped on
delivery of food to the home (with a mobile
device); and
``(ii) preparing food for pick-up;
``(B) authorize public-private partnerships between
the Department of Agriculture, retail food stores
participating in the supplemental nutrition assistance
program, and community-based organizations to provide
free or low-cost food delivery, including through the
use of private funds;
``(C) in the case of a covered retail food store,
use funds made available under subparagraph (E) of
paragraph (3) to provide, in accordance with that
paragraph, free grocery delivery for program
participants who are older adults or adults with
disabilities who are unable to shop for food or lack
safe and accessible transportation options to the
covered retail food store; and
``(D) require each State to submit to the Secretary
a State plan that describes how the State will--
``(i) work with retail food stores
participating in the supplemental nutrition
assistance program and other community-based
partners to establish a process for food
delivery for program participants;
``(ii) administer the reimbursements
described in paragraph (3), including timing,
eligibility, and distribution processes; and
``(iii) ensure that retail food stores
participating in the supplemental nutrition
assistance program that are reimbursed for
delivery costs under paragraph (3) adhere to
the requirements described in subparagraph (B)
of that paragraph.
``(2) State plans.--Not later than 10 days after the date
on which the Secretary receives a State plan under paragraph
(1)(D), the Secretary shall--
``(A) approve or deny the State plan; and
``(B) make publicly available on the website of the
Department of Agriculture--
``(i) the State plan;
``(ii) the determination made under
subparagraph (A) with respect to that plan; and
``(iii) any guidance issued to the State
with respect to that plan.
``(3) Reimbursement of retail food stores.--
``(A) In general.--Notwithstanding any other
provision of law (including regulations, including
sections 274.7(f) and 278.2(b) of title 7, Code of
Federal Regulations (or successor regulations)),
subject to the availability of funds, a State agency
shall reimburse a covered retail food store for the
cost of food delivery to program participants described
in paragraph (1)(C) if--
``(i) the covered retail food store meets
the requirements under subparagraph (B); and
``(ii) the majority of the number of food
items delivered by the covered retail food
store are eligible for redemption using
benefits under the program, regardless of
whether the delivery includes nonfood items,
subject to the condition that those nonfood
items are of de minimis value.
``(B) Requirements.--A covered retail food store
may receive reimbursement for the cost of food delivery
to program participants described in paragraph (1)(C)
if the following requirements are met:
``(i) Food delivery is performed by
employees of the covered retail food store or
employees of an entity contracted by the
covered retail food store to perform
deliveries.
``(ii) Before any employee described in
clause (i) begins making food deliveries, that
employee receives employer-provided health and
safety training that reflects the most recent
guidelines of the Centers for Disease Control
and Prevention.
``(iii) All employees described in clause
(i) performing deliveries are paid at a rate
that is not less than the greater of--
``(I) the minimum wage rate
established under section 6(a)(1) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)); and
``(II) the minimum wage rate
established by the applicable State or
locality in which the employee works.
``(iv) The covered retail food store meets
the size standard determined by the Small
Business Administration for a supermarket or
other grocery retailer or a convenience
retailer under section 121.201 of title 13,
Code of Federal Regulations (or successor
regulations);
``(v) The covered retail food store does
not--
``(I) charge the supplemental
nutrition assistance program
participant for delivery costs that the
covered retail food store will be
reimbursed for;
``(II) require minimum purchase
thresholds in order to provide free
delivery;
``(III) restrict delivery times to
least favorable windows for
supplemental nutrition assistance
program participants; or
``(IV) charge surge pricing.
``(C) Reimbursable costs.--Reimbursable costs under
subparagraph (A) include costs associated with
purchasing point-of-sale devices or receiving technical
assistance relating to point-of-sale devices.
``(D) Maximum reimbursement per delivery.--The
maximum amount of reimbursement under subparagraph (A)
for a food delivery fee shall be $10 per delivery,
which may be adjusted by the Secretary for inflation.
``(E) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$500,000,000 for fiscal year 2024, and each fiscal year
thereafter, to remain available until expended, to
cover the cost of food delivery described in paragraph
(1)(C), to be distributed among the States to fund
reimbursements by States under subparagraph (A).
``(4) Report.--Not later than April 30, 2025, and April 30
of each year thereafter, the Secretary shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate
and the Committee on Agriculture of the House of
Representatives a report that describes, for the period covered
by the report, as applicable--
``(A) the number of program participants using food
delivery services, including the percentage of those
participants that are older adults and adults with
disabilities;
``(B) the authorized program retailers that were
reimbursed under paragraph (3) and each reimbursement
amount;
``(C) any complications or difficulties experienced
by States in administering reimbursements under
paragraph (3); and
``(D) recommendations or best practices to assist
States in implementing food delivery programs.''.
SEC. 6. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
(a) Funds.--Section 4 of the Agriculture and Consumer Protection
Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended--
(1) in subsection (a), in the first sentence, by striking
``2023'' and inserting ``2028''; and
(2) by adding at the end the following:
``(d) Funds.--In addition to amounts otherwise available, there is
appropriated, out of any funds in the Treasury not otherwise
appropriated, to carry out the program under this section $10,000,000
for each of fiscal years 2024 through 2028.''.
(b) Adults With Disabilities.--Section 5 of the Agriculture and
Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86)
is amended--
(1) by striking ``2023'' each place it appears and
inserting ``2028''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``to low-income
persons aged 60 and older.'' and inserting the
following: ``to--
``(A) low-income persons aged 60 and older; and
``(B) low-income adults with disabilities (as
defined in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102)).'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Income eligibility.--For purposes of paragraph (1), a
low-income individual described in subparagraph (A) or (B) of
that paragraph shall have a gross income level that is less
than 185 percent of the Federal poverty line.''; and
(D) in paragraph (3)(B) (as so redesignated), in
the matter preceding clause (i), by striking ``of--''
and all that follows through the period at the end of
clause (ii) and inserting ``of 36 months.''; and
(3) in subsection (i), in the matter preceding paragraph
(1)--
(A) by inserting ``or low-income adults with
disabilities described in subsection (g)(1)(B)'' after
``elderly persons''; and
(B) by striking ``to each elderly participant in or
applicant for the commodity supplemental food program
for the elderly'' and inserting ``to each participant
in or applicant for such a program''.
SEC. 7. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
(a) In General.--Section 4402 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3007) is amended--
(1) in subsection (a)--
(A) by striking ``Of the funds'' and inserting the
following:
``(1) Mandatory funding.--Of the funds'';
(B) in paragraph (1) (as so designated), by
inserting ``(referred to in this section as the
`Secretary')'' after ``Agriculture''; and
(C) by adding at the end the following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out and
expand the seniors farmers' market nutrition program--
``(A) not less than $60,000,000 for fiscal year
2024;
``(B) not less than $70,000,000 for fiscal year
2025; and
``(C) not less than $100,000,000 for each of fiscal
years 2026 through 2028.'';
(2) in subsection (b)(1), by inserting ``and adults with
disabilities (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102))'' before the
semicolon at the end;
(3) by redesignating subsections (c) through (f) as
subsections (f) through (i), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Benefit Amounts.--Under the seniors farmers' market nutrition
program--
``(1) the minimum individual benefit shall be $35; and
``(2) the maximum individual benefit shall be $80.
``(d) Certification Period.--The certification period for
participants in the seniors farmers' market nutrition program shall be
36 months.
``(e) Modernization Grants.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Senior Hunger Prevention Act of 2023, the
Secretary shall establish a grant program under which the
Secretary shall award grants to State agencies, including
Tribal organizations (as defined in section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012)) and territories, that
administer the senior farmers' market nutrition program to
modernize program operations, including--
``(A) by transitioning from paper-based coupons to
an electronic transaction technology, such as a web-
based service or installable software; and
``(B) by increasing benefit utilization at farmers'
markets.
``(2) Grant amount.--
``(A) In general.--The amount of a grant awarded
under paragraph (1) shall not exceed $350,000.
``(B) Supplies.--In the case of an entity that
receives a grant under paragraph (1) and uses the grant
for purposes described in subparagraph (F) of paragraph
(3), not more than $25,000 may be used to carry out
that subparagraph.
``(3) Eligible expenses.--An entity receiving a grant under
paragraph (1) may use the grant for--
``(A) costs associated with procurement of
electronic transaction technology;
``(B) planning costs, including personnel costs,
relating to electronic transaction technology
procurement and implementation;
``(C) costs associated with evaluating the impact
of transitioning from coupon-based operations to an
electronic transaction technology;
``(D) training, outreach, and promotional material
costs, including the costs associated with translating
materials;
``(E) maintenance and operations of the electronic
transaction technology procured using the grant during
the period of performance of the grant;
``(F) the purchase of supplies needed to perform
electronic transactions onsite; and
``(G) additional costs associated with modernizing
program operations, as determined appropriate by the
Secretary.
``(4) Reports.--Each entity that receives a grant under
paragraph (1) shall submit to the Secretary and the
Administrator of the Food and Nutrition Service quarterly
performance progress reports on the use of the grant.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $15,000,000 for fiscal year 2024 and each fiscal
year thereafter.''.
(b) Income Guidelines.--The Secretary shall revise section
249.6(a)(3) of title 7, Code of Federal Regulations (or successor
regulations), so that income eligibility is at or below 200 percent of
the poverty income guidelines.
SEC. 8. INFRASTRUCTURE FUNDING FOR FARMERS' MARKETS; LOCAL PROCUREMENT
PILOT PROGRAM.
The Farm Security and Rural Investment Act of 2002 is amended by
inserting after section 4402 (7 U.S.C. 3007) the following:
``SEC. 4403. INFRASTRUCTURE FUNDING FOR FARMERS' MARKETS; LOCAL
PROCUREMENT PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Disability.--The term `disability' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(2) Financial assistance.--The term `financial
assistance' means--
``(A) a loan;
``(B) a loan guarantee; and
``(C) a grant.
``(3) Older adult.--The term `older adult' has the meaning
given the term `older individual' in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002).
``(4) Program.--The term `program' means the program
established under subsection (b).
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Infrastructure Funding for Farmers' Markets.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means an entity that--
``(A) is--
``(i) an agricultural cooperative or other
agricultural business entity or a producer
network or association, including a community
supported agriculture network or association;
``(ii) a local or Tribal government;
``(iii) a nonprofit corporation;
``(iv) a public benefit corporation;
``(v) an economic development corporation;
``(vi) a regional farmers' market
authority;
``(vii) a food council; or
``(viii) any other entity as determined by
the Secretary; and
``(B) can demonstrate financial need, as determined
by the Secretary.
``(2) Establishment.--Not later than 180 days after the
date of enactment of the Senior Hunger Prevention Act of 2023,
the Secretary shall establish a program under which the
Secretary shall provide financial assistance to eligible
entities for--
``(A) the establishment of new farmers' markets;
``(B) the improvement or rehabilitation of existing
farmers' markets, including by adding or improving
payment technologies used in those farmers' markets;
and
``(C) the expansion of community supported
agriculture to serve older adults and adults with
disabilities.
``(3) Requirements.--An eligible entity that receives
financial assistance under the program shall be required--
``(A) to host farmers' markets or related
activities at locations accessible--
``(i) by public transportation;
``(ii) by paratransit; or
``(iii) through transportation services
provided under the Older Americans Act of 1965
(42 U.S.C. 3001 et seq.); and
``(B) to reserve not less than 50 percent of the
floor area of an applicable farmers' market for the
sale of products that are produced locally, as
determined by the Secretary, by--
``(i) farmers, ranchers, or aquaculture,
mariculture, or fisheries operators; or
``(ii) associations of farmers, ranchers,
or aquaculture, mariculture, or fisheries
operators.
``(4) Cost sharing.--The non-Federal share of a grant
provided under the program shall be 20 percent of the amount of
the grant, which may comprise transportation costs, volunteer
contributions, and in-kind staffing.
``(5) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
subsection $50,000,000 for each of fiscal years 2024 through
2028.
``(c) Local Procurement Pilot Program.--
``(1) Definitions.--In this subsection:
``(A) Agricultural producer.--The term
`agricultural producer' includes--
``(i) an agricultural cooperative;
``(ii) a person engaged in farming,
ranching, or aquaculture;
``(iii) a person engaged in the packing of
a food product; and
``(iv) a person engaged in the minimal
processing of a food product, as determined by
the Secretary.
``(B) Eligible entity.--The term `eligible entity'
means an entity that--
``(i)(I) coordinates enrollment in and
distribution of benefits under the seniors
farmers' market nutrition program; or
``(II) demonstrates an ability to partner
with an entity that coordinates enrollment in
and distribution of benefits under the seniors
farmers' market nutrition program; and
``(ii) is--
``(I) a public or nonprofit
provider of nutrition services or
support to older adults or adults with
disabilities, including--
``(aa) an Aging and
Disability Resource Center (as
defined in section 102 of the
Older Americans Act of 1965 (42
U.S.C. 3002));
``(bb) an area agency on
aging (as defined in that
section);
``(cc) a State health
insurance program;
``(dd) a State unit on
aging;
``(ee) a center for
independent living;
``(ff) a community health
center;
``(gg) a multipurpose
senior center; and
``(hh) federally subsidized
housing, including federally
subsidized housing units for
older adults and adults with
disabilities; and
``(II) a local, State, or national
parks and recreation department.
``(2) Establishment.--Not later than 180 days after the
date of enactment of the Senior Hunger Prevention Act of 2023,
the Secretary shall establish a pilot program under which the
Secretary shall award grants to eligible entities to contract
with agricultural producers that will grow produce to support
the local procurement and contracting of produce for eligible
entities.
``(3) Priority.--In awarding grants under paragraph (2),
the Secretary shall give priority to an eligible entity that
will use the grant funds to benefit underserved communities,
including communities that are located in areas of concentrated
poverty with limited access to fresh locally or regionally
grown food.
``(4) Methods.--Under a contract described in paragraph
(2), an agricultural producer may grow produce through
traditional or controlled environmental agriculture farming.
``(5) Evaluation.--Not later than 2 years after the date of
establishment of the pilot program under paragraph (2), the
Secretary shall conduct an evaluation of the pilot program.
``(6) Funding.--
``(A) In general.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry
out this subsection $350,000 for each of fiscal years
2024 through 2028.
``(B) Administrative costs.--Of the amounts made
available under subparagraph (A) for a fiscal year, not
more than 5 percent may be used for administrative
costs.
``(C) Evaluation.--In addition to amounts made
available under subparagraph (A), there is appropriated
to the Secretary, out of any funds in the Treasury not
otherwise appropriated, $25,000 to carry out paragraph
(5).''.
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