Sec. 10004. Local food purchase assistance cooperative agreements
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/bill/118/s/5335/is/section-10004·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. ) is amended by adding at the end the following: In this section: The term cooperating partner means any of the following entities partnering with an eligible entity: A State agency. A Tribal government agency, Tribal organization, or Native Hawaiian organization. A nonprofit organization engaged in food distribution. Any other entity that, in the determination of the Secretary, is capable of ensuring that the requirements of this section are met.
The term eligible entity means— a State agency that has demonstrated partnerships with farmers and target audiences within the State; and a Tribal government agency that has demonstrated partnerships with farmers and target audiences within the area under the jurisdiction of the applicable Tribal government. 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. 5304 ). H awaiian organization The term Native Hawaiian organization has the meaning given the term in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ).
The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service. The term State means— a State; the District of Columbia; the Commonwealth of Puerto Rico; and any other territory or possession of the United States. The term target audience means— members of food insecure communities, including, as determined by the Secretary— rural, remote, and underserved communities; and communities not normally served through traditional food distribution networks; representatives of food insecure communities; nonprofit organizations engaged in food distribution to members of food insecure communities; and any other appropriate individuals or entities, as determined by the Secretary.
The term Tribal government means the governing body of an Indian Tribe, including— any applicable Tribal organization; and any agency of the governing body of an Indian Tribe. The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The Secretary shall enter into cooperative agreements with eligible entities— for the purposes of— providing an opportunity for States and Tribal governments to build capacity to support their local and regional food systems; building and expanding economic opportunities for small producers, local and regional producers, and historically underserved producers; establishing and broadening partnerships with farmers, producers, the food distribution community, and local food networks, including nonprofit organizations, to ensure distribution of fresh and nutritious foods to target audiences; strengthening local and regional food supply chains; and increasing the use of Federal funds to procure local and regional food, including fresh fruits and vegetables; and pursuant to which the Secretary shall make awards, in accordance with subsection (f), for the purposes described in paragraph (1).
An eligible entity entering into a cooperative agreement under subsection
(b)shall— procure locally and regionally produced food, as defined by the Secretary; and distribute food procured under this section to members of food insecure communities, as determined by the Secretary. The Secretary may be a party to— not more than 1 cooperative agreement under this section per State at any 1 time; and not more than 1 cooperative agreement under this section per Indian Tribe at any 1 time. If more than 1 eligible entity of the same State or Indian Tribe desires to enter into a cooperative agreement under this section for a fiscal year, the eligible entities shall coordinate, with 1 eligible entity serving as the lead agency and each other eligible entity participating as a cooperating partner. A cooperative agreement entered into with an eligible entity described in subsection (a)(2)(B) shall not be considered to be a cooperative agreement in or relating to a State for purposes of subparagraph (A)(i). An eligible entity desiring to enter into a cooperative agreement under this section shall submit to the Secretary an application at such time, in such a manner, and containing such information as the Secretary may require, including— a plan to purchase and distribute locally and regionally produced food as required under subsection (c)(1); an assurance that the eligible entity will comply with the requirements of the plan; and an assurance that Federal funds received under this section shall supplement, and not supplant, the expenditure of State or Tribal funds in support of local and regional food production in the applicable State or the area under the jurisdiction of the applicable Tribal government. A plan submitted by an eligible entity under paragraph (1)(A) shall— identify the lead agency charged with the responsibility of carrying out the plan; and indicate how funds provided pursuant to a cooperative agreement under this section will be used to carry out the purposes described in subsection (b)(1). In entering into cooperative agreements under this section, the Secretary shall prioritize applications for cooperative agreements that prioritize— establishing food purchasing contracts with producers and distributors that— grow, process, or distribute local and regional food, as defined by the Secretary; and are, or source from— beginning farmers or ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) )); small or mid-sized farms; or historically underserved farmers, as defined by the Secretary; and targeting distributions of food purchased pursuant to those contracts to underserved communities, as determined by the Secretary. In determining whether an application prioritizes targeting distributions of food to underserved communities under subparagraph (A)(ii), the Secretary may consider socioeconomic metrics maintained by the Federal Government, including the social vulnerability index and area deprivation index maintained by the Department of Health and Human Services. The Secretary shall establish a simplified, noncompetitive process for the submission and selection of applications for establishing cooperative agreements under this section. An eligible entity may distribute food procured pursuant to a cooperative agreement entered into under this section to members of food insecure communities— directly; or through cooperative agreements, subcontracts, or subawards with 1 or more cooperating partners. The Secretary shall establish a noncompetitive process for determining the amount to be awarded, from the amounts made available under subsection
(h)for a fiscal year, to eligible entities described in subsection (a)(2)(A) with which the Secretary has entered or plans to enter into a cooperative agreement under this section. To ensure that the distribution of awards under this section corresponds to the nutrition assistance needs in each State, the noncompetitive process established under subparagraph
(A)shall take into consideration— the poverty rate and unemployment levels in each State; and other socioeconomic metrics maintained by the Federal Government, including the social vulnerability index and area deprivation index maintained by the Department of Health and Human Services. The Secretary shall take into consideration the funding formula of the emergency food assistance program established under the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. ) in ensuring that the noncompetitive process established under subparagraph
(A)complies with the requirement described in clause (i). Before applying the process established under paragraph
(1)for a fiscal year, the Secretary shall reserve 15 percent of the total amount made available to carry out this section for that fiscal year for making awards to eligible entities described in subsection (a)(2)(B) with which the Secretary has entered or plans to enter into a cooperative agreement under this section. The Secretary shall make awards to eligible entities described in subsection (a)(2)(B)— through a noncompetitive process; and at a prorated amount based on the proposals submitted by eligible entities described in that subsection. The Secretary shall distribute funds awarded in accordance with paragraphs
(1)and
(2)incrementally in order to ensure that all interested eligible entities have an opportunity to be selected for entering into a cooperative agreement and receiving an award under this section. The total amount of an award made or proposed to be made to an eligible entity under this subsection may be amended or adjusted, or additional amounts may be separately awarded to that eligible entity, depending on— demand for cooperative agreements, as determined by the Secretary based on the number of applications submitted or other factors; and the availability of funds. The Secretary may adjust the amount of an award made or proposed to be made under this section after the application period has closed. Subject to paragraph (2)— a cooperative agreement under this section shall be for a term of not more than 2 years; and any projects carried out pursuant to that cooperative agreement shall be completed by the end of that term. The Secretary may, as the Secretary determines to be appropriate, extend the term of a cooperative agreement entered into under this section for not more than 2 additional years. In addition to any other amounts available to the Secretary, there is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2025 through 2029, to remain available until expended. Out of amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this section $100,000,000 for fiscal year 2025 and each fiscal year thereafter, to remain available until expended. .
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Sec. 10004
Local food purchase assistance cooperative agreements
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