[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 2354 Introduced in Senate (IS)] <DOC> 118th CONGRESS 1st Session S. 2354 To improve access to healthy foods, food processing, housing, forestry, agricultural research, and other agricultural programs, and Tribal self-determination relating to those programs, in the State of Alaska, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 18, 2023 Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To improve access to healthy foods, food processing, housing, forestry, agricultural research, and other agricultural programs, and Tribal self-determination relating to those programs, in the State of Alaska, 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Improving Agriculture, Research, Cultivation, Timber, and Indigenous Commodities (ARCTIC) Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--IMPROVING ACCESS TO HEALTHY FOODS Sec. 101. Improving micro-grants for food security program. Sec. 102. Grants and loans for food distribution in frontier communities. Sec. 103. Acceptance of SNAP benefits through online transactions for certain delivery costs. Sec. 104. Pilot program to purchase locally produced food. Sec. 105. Wild USA seafood label. Sec. 106. Market name for genetically engineered fish. Sec. 107. Market name for cultivated fish. TITLE II--IMPROVING FOOD PROCESSING Sec. 201. Forgivable loans for small commercial food processing. TITLE III--IMPROVING HOUSING Sec. 301. Denali Housing Fund. TITLE IV--IMPROVING SEAFOOD INDUSTRY Sec. 401. Country of origin labeling for cooked crab. Sec. 402. Eligibility of wild-caught fish and shellfish. Sec. 403. Domestic seafood production. Sec. 404. Grant program to promote the reuse, recycling, and sustainable use of marine products from seafood industry. Sec. 405. Extension of credit to businesses providing services to producers or harvesters of aquatic products. TITLE V--IMPROVING AGRICULTURAL RESEARCH Sec. 501. Funding for agricultural research in States without Agricultural Research Service facilities. Sec. 502. Seaweed methane reduction research grants. Sec. 503. Urban, indoor, and other emerging agricultural production research, education, and extension initiative. Sec. 504. Reports and regulations on coastal seaweed farming. TITLE VI--SUPPORTING FORESTRY Sec. 601. Community wood energy and wood innovation program. TITLE VII--SUPPORTING UNITED STATES FLORICULTURE Sec. 701. Limitation on procurement. TITLE VIII--IMPROVING TRIBAL SELF-DETERMINATION Sec. 801. Agricultural self-determination and self-governance. Sec. 802. Buy Indian Act modifications. Sec. 803. Water systems for Alaska Native villages and rural villages. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. TITLE I--IMPROVING ACCESS TO HEALTHY FOODS SEC. 101. IMPROVING MICRO-GRANTS FOR FOOD SECURITY PROGRAM. Section 4206 of the Agriculture Improvement Act of 2018 (7 U.S.C. 7518) is amended-- (1) in subsection (c), by striking ``competitive distribution of subgrants'' and inserting ``distribution of subgrants or other financial assistance''; (2) in subsection (d), by striking paragraph (3); (3) in subsection (e)-- (A) in the subsection heading, by inserting ``and Other Financial Assistance'' after ``Subgrants''; (B) in paragraph (1)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting ``or other financial assistance provided'' after ``subgrant''; (ii) by striking subparagraph (B); (iii) by redesignating subparagraph (C) as subparagraph (B); and (iv) in subparagraph (B) (as so redesignated), by inserting ``or other financial assistance provided'' after ``subgrant''; (C) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``competitive distribution of subgrants under subsection (c)'' and inserting ``distribution of subgrants or other financial assistance under this section''; and (ii) in subparagraph (A), by inserting ``or other financial assistance provided'' after ``subgrant''; (D) in paragraph (3), by inserting ``or other financial assistance under this section'' after ``subgrants''; (E) in paragraph (4), in the matter preceding subparagraph (A), by inserting ``or other financial assistance provided'' after ``subgrant''; and (F) in paragraph (5), by inserting ``or other financial assistance'' after ``subgrant''; and (4) in subsection (f)(1)-- (A) by inserting ``or other financial assistance'' after ``subgrant'' each place it appears; and (B) in subparagraph (B), by striking ``subgrants by eligible entities'' and inserting ``subgrant or other financial assistance by the eligible entity''. SEC. 102. GRANTS AND LOANS FOR FOOD DISTRIBUTION IN FRONTIER COMMUNITIES. Subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.) is amended by adding at the end the following: ``SEC. 310J. GRANTS AND LOANS FOR FOOD DISTRIBUTION IN FRONTIER COMMUNITIES. ``(a) Definitions.-- ``(1) Eligible community.--The term `eligible community' means-- ``(A) a frontier community that-- ``(i) is located in a noncontiguous State; ``(ii) does not have a food bank or food pantry as of the date of submission of an application for a grant or loan under this section; and ``(iii) is determined to be Frontier Level 4 in accordance with the most recent version of the Frontier and Remote Communities Code developed by the Economic Research Service; and ``(B) a rural community that-- ``(i) is located in a noncontiguous State; ``(ii) does not have a food bank or food pantry as of the date of submission of an application for a grant or loan under this section; and ``(iii) is determined to be Frontier Level 3 in accordance with the most recent version of the Frontier and Remote Communities Code developed by the Economic Research Service. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); ``(B) a Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and ``(C) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. ``(b) Establishment.--The Secretary shall establish a program to provide grants and loans to eligible entities to establish food banks or food pantries in eligible communities. ``(c) Eligible Activities.--An eligible entity that receives a grant or loan under subsection (b) may use the grant or loan for-- ``(1) the construction or renovation of facilities; ``(2) wages and benefits for employees; ``(3) equipment to keep food and beverages cold or frozen, as appropriate; ``(4) transportation of foods and beverages from rural hub communities to outlying villages, including by air, barge, or surface transportation; and ``(5) such other activities as the Secretary determines to be appropriate. ``(d) Interest Rate.-- ``(1) In general.--Subject to paragraphs (2) and (3), the interest rate of a loan under subsection (b) shall be established by the Secretary, for each quarter of the applicable fiscal year, based on the rate prescribed in Rural Development Instruction 440.1, exhibit B (or a successor instruction), as in effect on the date on which the loan is approved. ``(2) Adjustment.--The interest rate established under paragraph (1) shall be adjusted to the nearest \1/8\ of 1 percent. ``(3) Written request.-- ``(A) In general.--Notwithstanding paragraph (1), before the closing date of a loan under subsection (b), the eligible entity applying for the loan may submit to the Secretary a written request that the interest rate to be charged for the loan be equal to the lesser of-- ``(i) the interest rate in effect on the date of the loan approval; and ``(ii) the interest rate in effect on the date of the loan closing. ``(B) Temporary debt instruments.--If a request submitted under subparagraph (A) is approved by the Secretary providing that the applicable interest rate shall be the interest rate in effect on the date of the loan closing, the interest rate charged on a loan involving multiple advances of Federal funds using temporary debt instruments shall be the interest rate in effect on the date on which the first applicable temporary debt instrument is issued. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000.''. SEC. 103. ACCEPTANCE OF SNAP BENEFITS THROUGH ONLINE TRANSACTIONS FOR CERTAIN DELIVERY COSTS. Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended-- (1) in paragraph (1), by striking ``(4)'' and inserting ``(5)''; (2) in paragraph (2)(B), by inserting ``except as provided in paragraph (3),'' before ``ensure''; (3) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (4) by inserting after paragraph (2) the following: ``(3) Delivery costs.--Benefits may be used for the fees and charges described in paragraph (2)(B) in the case of the purchase of foods that must be delivered to, but not within, a rural hub community or outlying village in a noncontiguous State.''. SEC. 104. PILOT PROGRAM TO PURCHASE LOCALLY PRODUCED FOOD. Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507) is amended-- (1) in subsection (b)-- (A) by striking ``distribution, to store, handle or distribute'' and inserting the following: ``distribution-- ``(1) to store, handle, or distribute''; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) to purchase locally produced food in accordance with the pilot program established under subsection (g).''; and (2) by adding at the end the following: ``(g) Pilot Program To Purchase Locally Produced Food.--The Secretary shall establish a pilot program under which the Secretary shall permit emergency feeding organizations participating in the program authorized by this Act to use those funds to purchase locally produced food to supplement the commodities provided by the Secretary under this Act.''. SEC. 105. WILD USA SEAFOOD LABEL. Title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle H--Wild USA Seafood Label ``SEC. 298A. DEFINITIONS. ``In this subtitle: ``(1) Fish.--The term `fish' means finfish, mollusks, crustaceans, and all other forms of aquatic animal and plant life other than aquatic mammals and birds. ``(2) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``SEC. 298B. WILD USA SEAFOOD LABEL. ``(a) In General.--A retailer of fish or person engaged in the business of supplying fish to a retailer may label the fish as `wild USA seafood', `wild American seafood', or any equivalent designation only if-- ``(1) the fish is-- ``(A) naturally born in the wild; or ``(B) a hatchery-originated fish released in the wild; ``(2) the fish is caught, taken, or harvested from-- ``(A) waters within the exclusive economic zone (as defined in section 107 of title 46, United States Code); or ``(B) navigable waters (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)); and ``(3) if the fish is caught, taken, or harvested by a vessel, that vessel is a vessel of the United States (as defined in section 3 of the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1802)). ``(b) Method of Notification.-- ``(1) In general.--The information described in subsection (a) may be provided to consumers by means of a label, stamp, mark, placard, or other clear and visible sign on the fish, or on the package, display, holding unit, or bin containing the fish, at the final point of sale to consumers. ``(2) Labeled commodities.--If fish is already individually labeled for retail sale with the label described in subsection (a), the retailer shall not be required to provide any additional information to comply with this section. ``SEC. 298C. ENFORCEMENT. ``(a) Warnings.--If the Secretary determines that a retailer of fish or person engaged in the business of supplying fish to a retailer is in violation of section 298B, the Secretary shall-- ``(1) notify the retailer or person of the determination of the Secretary; and ``(2) provide the retailer or person a 30-day period, beginning on the date on which the retailer or person receives the notice under paragraph (1) from the Secretary, during which the retailer or person may take necessary steps to comply with section 298B. ``(b) Fines.-- ``(1) In general.--The Secretary may fine a retailer or person under paragraph (2) if, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or person-- ``(A) has not made a good faith effort to comply with section 298B; and ``(B) continues to willfully violate section 298B with respect to the violation regarding which the retailer or person received a notification under subsection (a)(1). ``(2) Notice and hearing; amount.--After providing notice and an opportunity for a hearing before the Secretary with respect to the violation described in paragraph (1), the Secretary may fine the retailer or person in an amount equal to not more than $10,000 for each violation. ``SEC. 298D. REGULATIONS. ``The Secretary may promulgate such regulations as are necessary to implement this subtitle.''. SEC. 106. MARKET NAME FOR GENETICALLY ENGINEERED FISH. (a) In General.--Notwithstanding subtitle E of title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639 et seq.), or any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the acceptable market name of any fish product that is genetically engineered shall include the words ``Genetically Engineered'' or ``GE'' prior to the existing acceptable market name. (b) Genetically Engineered Described.--For purposes of this section, a fish product shall be considered to be genetically engineered if the fish product has been modified by recombinant DNA (rDNA) techniques, including the entire lineage of fish that contain the rDNA modification. SEC. 107. MARKET NAME FOR CULTIVATED FISH. (a) In General.--Notwithstanding subtitle E of title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639 et seq.) or any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the acceptable market name of any fish product that is laboratory-grown shall include the word ``Cultivated'' prior to the existing acceptable market name. (b) Cultivated Described.--For purposes of this section, a fish product shall be considered to be cultivated if the fish product is derived from the harvested cells of fish and grown in a laboratory setting. TITLE II--IMPROVING FOOD PROCESSING SEC. 201. FORGIVABLE LOANS FOR SMALL COMMERCIAL FOOD PROCESSING. (a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means an individual or entity that is an agricultural producer or owns or operates, or seeks to own or operate, a commercial food processing operation that-- (1) holds a commercial license issued by a noncontiguous State; and (2)(A) carries on a farming business (within the meaning of section 263A(e)(4) of the Internal Revenue Code of 1986); or