II 

118TH CONGRESS 

1ST SESSION S. 3390 

To improve purchasing of food by the Department of Agriculture, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 4, 2023 

Mr. MARKEY (for himself, Mr. BLUMENTHAL, Mr. BOOKER, and Mr. WELCH) 

introduced the following bill; which was read twice and referred to the 

Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To improve purchasing of food by the Department of 

Agriculture, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enabling Farmer, 

5 Food worker, Environmental, and Climate Targets 

6 through Innovative, Values-aligned, and Equitable Food 

7 Procurement Act’’ or the ‘‘EFFECTIVE Food Procure8 ment Act’’. 

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1 SEC. 2. FINDINGS. 

2 Congress finds that the Department of Agriculture, 

3 as one of the largest food purchasers in the world, has 

4 the responsibility and opportunity to help spur a more 

5 just, healthy, and sustainable food system by purchasing 

6 more foods that support— 

7 (1) regional and resilient food economies; 

8 (2) worker well-being; 

9 (3) a safe and healthy environment; 

10 (4) equity and inclusion; and 

11 (5) fairness for family farms, fishing busi12 nesses, and ranches. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) BEGINNING FARMER, FISHERMAN, OR

16 RANCHER.—The term ‘‘beginning farmer, fisherman, 

17 or rancher’’ means a person that— 

18 (A)(i) has not operated a farm, fishing 

19 business, or ranch; or 

20 (ii) has operated a farm, fishing business, 

21 or ranch for not more than 10 years; and 

22 (B) meets such other criteria as the Sec23 retary may establish. 

24 (2) COVERED AUTHORITY.—The term ‘‘covered 

25 authority’’ means— 

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1 (A) section 32 of the Act of August 24, 

2 1935 (7 U.S.C. 612c); 

3 (B) the matter under the heading ‘‘RE4 MOVAL OF SURPLUS AGRICULTURAL COMMOD5 ITIES’’ under the heading ‘‘AGRICULTURAL

6 MARKETING SERVICE’’ in title I of Public Law 

7 88–250 (7 U.S.C. 612c–1); 

8 (C) section 10603 of the Farm Security 

9 and Rural Investment Act of 2002 (7 U.S.C. 

10 612c–4); 

11 (D) section 4404 of the Food, Conserva12 tion, and Energy Act of 2008 (7 U.S.C. 612c– 

13 5); 

14 (E) section 14222 of that Act (7 U.S.C. 

15 612c–6); and 

16 (F) any other purchasing authority of the 

17 Department of Agriculture. 

18 (3) FISHING BUSINESS.—The term ‘‘fishing 

19 business’’ means a business engaged in commercial 

20 fishing (as defined in section 3 of the Magnuson-Ste21 vens Fishery Conservation and Management Act (16 

22 U.S.C. 1802)). 

23 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

24 means an Indian tribe included on the list published 

25 by the Secretary of the Interior under section 104 

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1 of the Federally Recognized Indian Tribe List Act of 

2 1994 (25 U.S.C. 5131). 

3 (5) NATIVE ALASKAN.—The term ‘‘Native Alas4 kan’’ has the meaning given the term ‘‘Native’’ in 

5 section 3 of the Alaska Native Claims Settlement 

6 Act (43 U.S.C. 1602). 

7 (6) NATIVE HAWAIIAN.—The term ‘‘Native Ha8 waiian’’ has the meaning given the term in section 

9 801 of the Native American Housing Assistance and 

10 Self-Determination Act of 1996 (25 U.S.C. 4221). 

11 (7) POLICY TO LIMIT DEFORESTATION.—The 

12 term ‘‘policy to limit deforestation’’ means a policy 

13 that includes, at a minimum, the following: 

14 (A) Measures to identify the point of origin 

15 of forest-risk commodities and ensure compli16 ance with the policy when supply chain risks 

17 are present. 

18 (B) Data detailing the complete list of di19 rect and indirect suppliers and supply chain 

20 traceability information for each forest-risk 

21 commodity found in products that may be fur22 nished to the Federal Government, including— 

23 (i) refineries, processing plants, 

24 farms, and plantations; 

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1 (ii) the respective owners, parent enti2 ties, and farmers of the entities described 

3 in clause (i); 

4 (iii) maps; and 

5 (iv) geolocations. 

6 (C) Measures taken to ensure that each 

7 commodity described in subparagraph (B) does 

8 not contribute to deforestation. 

9 (D) Measures taken to ensure the process 

10 of obtaining the free, prior, and informed con11 sent of indigenous peoples and local commu12 nities directly affected by the production of 

13 commodities described in subparagraph (B). 

14 (E) Measures taken to protect biodiversity 

15 and prevent the poaching of wildlife and trade 

16 in bushmeat in all operations and areas adja17 cent to the production of commodities described 

18 in subparagraph (B). 

19 (F) Measures taken to ensure compliance 

20 with the laws of countries where forest-risk 

21 commodities in the supply chain of the con22 tractor are produced. 

23 (8) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Agriculture. 

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1 (9) SOCIALLY DISADVANTAGED FARMER, FISH2 ERMAN, OR RANCHER.—The term ‘‘socially dis3 advantaged farmer, fisherman, or rancher’’ means a 

4 farmer, operator of a fishing business, or rancher 

5 who is a member of a socially disadvantaged group 

6 (as defined in section 2501(a) of the Food, Agri7 culture, Conservation, and Trade Act of 1990 (7 

8 U.S.C. 2279(a))). 

9 (10) TRADEOFF PROCESS.—The term ‘‘tradeoff 

10 process’’ means a tradeoff process described in part 

11 15.101–1 of the Federal Acquisition Regulation (or 

12 a successor regulation). 

13 (11) VETERAN FARMER, FISHERMAN, OR

14 RANCHER.—The term ‘‘veteran farmer, fisherman, 

15 or rancher’’ means a farmer, operator of a fishing 

16 business, or rancher who has served in the Armed 

17 Forces (as defined in section 101 of title 38, United 

18 States Code) and who— 

19 (A) has not operated a farm, fishing busi20 ness, or ranch; 

21 (B) has operated a farm, fishing business, 

22 or ranch for not more than 10 years; or 

23 (C) is a veteran (as defined in that section) 

24 who has first obtained status as a veteran (as 

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1 so defined) during the most recent 10-year pe2 riod. 

3 SEC. 4. EQUITABLE FOOD PROCUREMENT. 

4 (a) PURPOSES.—The purposes of the requirements 

5 described in subsection (b) are— 

6 (1) to strengthen the resilience of the domestic 

7 food system; 

8 (2) to create more equitable opportunities for 

9 small and family farmers, fishermen, and ranchers; 

10 (3) to expand the choices available to school 

11 food authorities and food banks participating in the 

12 commodity procurement programs of the Depart13 ment of Agriculture; and 

14 (4) to expand workplace protections in the food 

15 supply chains of the Federal Government. 

16 (b) REQUIREMENTS.—In the procurement of foods 

17 under a covered authority, the Secretary shall make avail18 able and purchase a sufficient variety of— 

19 (1) foods that support equity and inclusion, in20 cluding— 

21 (A) foods that are produced by or sourced 

22 from— 

23 (i) beginning farmers, fishermen, or 

24 ranchers; 

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1 (ii) veteran farmers, fishermen, or 

2 ranchers; or 

3 (iii) socially disadvantaged farmers, 

4 fishermen, or ranchers; and 

5 (B) foods that accommodate people with 

6 religious or restricted diets; 

7 (2) foods that support diversified and resilient 

8 supply chains, including— 

9 (A) foods that are produced by or sourced 

10 from small or mid-sized family farms, fishing 

11 businesses, or ranches; 

12 (B) foods that are produced by or sourced 

13 from agricultural cooperatives, producer asso14 ciations, or food hubs that principally work with 

15 the entities described in subparagraph (A); 

16 (C) foods that are produced by a certified 

17 organic farm (as defined in section 2103 of the 

18 Organic Foods Production Act of 1990 (7 

19 U.S.C. 6502)); and 

20 (D) foods that are produced by a farm 

21 participating in an independent animal welfare 

22 certification program; 

23 (3) foods that support worker well-being, in24 cluding— 

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1 (A) foods that are sourced from vendors 

2 with employees who are represented by a collec3 tive bargaining agreement or memorandum of 

4 understanding; 

5 (B) foods that are sourced from vendors 

6 participating in a worker justice certification 

7 program; and 

8 (C) foods that are sourced from vendors 

9 that have signed a labor peace agreement with 

10 a bona fide labor union; and 

11 (4) foods that mitigate the impacts on climate 

12 change of the food purchasing by the Department of 

13 Agriculture, including— 

14 (A) foods that are produced using agricul15 tural practices that measurably reduce green16 house gas emissions and increase on-farm diver17 sification and resilience to climate impacts, in18 cluding perennial-based systems, crop rotations, 

19 and pasture-based livestock; 

20 (B) foods that are sourced from suppliers 

21 with a policy to limit deforestation; 

22 (C) foods that emit less greenhouse gas 

23 emissions throughout the lifecycle of the prod24 uct, relative to nutritionally similar foods; and 

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1 (D) foods that provide environmental co2 benefits that increase climate resilience, such 

3 as— 

4 (i) improving soil health and water 

5 quality; 

6 (ii) increasing biodiversity and water 

7 conservation; and 

8 (iii) reducing the spread of invasive 

9 species. 

10 (c) BASELINE REPORT.—Not later than 1 year after 

11 the date of enactment of this Act, the Secretary shall sub12 mit to the Committee on Agriculture of the House of Rep13 resentatives and the Committee on Agriculture, Nutrition, 

14 and Forestry of the Senate a report that includes— 

15 (1) the percentage of the total annual spending 

16 of the Department of Agriculture spent on pur17 chasing foods in each category of foods listed in 

18 paragraphs (1) through (4) of subsection (b), includ19 ing a record of each purchase the Department made 

20 under each category that lists— 

21 (A) the name of each supplier, distributor, 

22 processor, and producer involved in the provi23 sion of the food product; 

24 (B) the total contract obligation; and 

25 (C) a description of the food purchased; 

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1 (2) an estimate, developed in consultation with 

2 the Environmental Protection Agency, of the green3 house gas emissions associated with food purchasing 

4 by the Department of Agriculture; 

5 (3) targets to increase by calendar year 2032, 

6 to the maximum extent practicable, the percentage 

7 of the annual food spending by the Department of 

8 Agriculture in each category of food listed in para9 graphs (1) through (4) of subsection (b); 

10 (4) a target to reduce by calendar year 2032, 

11 to the maximum extent practicable, the greenhouse 

12 gas emissions associated with the annual food pur13 chasing by the Department of Agriculture relative to 

14 calendar year 2024, in accordance with the procure15 ment-related targets established by Executive Order 

16 14057 (42 U.S.C. 4321 note; relating to catalyzing 

17 clean energy industries and jobs through Federal 

18 sustainability); and 

19 (5) any recommendations— 

20 (A) to enhance supply chain transparency, 

21 particularly for school food authorities that par22 ticipate in any Department of Agriculture foods 

23 program; 

24 (B) to restructure the commodity food pro25 curement programs of the Department of AgriVerDate Sep 11 2014 02:09 Dec 08, 2023 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3390.IS S3390
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1 culture to support a regional model with in2 creased local food purchasing, including rec3 ommendations for continuing and improving on 

4 the Local Food Purchase Assistance Coopera5 tive Agreement Program; or 

6 (C) to increase procurement of foods listed 

7 in paragraphs (1) through (4) of subsection (b), 

8 including any recommendations that would re9 quire new authority from Congress. 

10 (d) ANNUAL REPORTS.—Not later than 2 years after 

11 the date of enactment of this Act, and each year there12 after, the Secretary shall submit to the Committee on Ag13 riculture of the House of Representatives and the Com14 mittee on Agriculture, Nutrition, and Forestry of the Sen15 ate a report that includes— 

16 (1) the percentage of the total annual spending 

17 of the Department of Agriculture spent on pur18 chasing foods in each category of foods listed in 

19 paragraphs (1) through (4) of subsection (b) during 

20 the previous fiscal year; 

21 (2) the names of all suppliers, distributors, 

22 processors, and producers involved in the provision 

23 of all foods purchased under a covered authority 

24 during the previous fiscal year; and 

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1 (3) an estimate of the greenhouse gas emissions 

2 associated with food purchasing by the Department 

3 of Agriculture during the previous fiscal year. 

4 SEC. 5. BEST VALUE PROCUREMENT PILOT PROGRAM; 

5 TECHNICAL ASSISTANCE; GRANTS. 

6 (a) BEST VALUE PROCUREMENT PILOT PROGRAM.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 and carry out a pilot program that uses a tradeoff 

9 process to select bids for food procurement contracts 

10 that deliver the overall best value and target pur11 chases under covered authorities of foods listed in 

12 paragraphs (1) through (4) of section 4(b), using 

13 evaluation criteria established under paragraph (2). 

14 (2) ESTABLISHMENT OF EVALUATION CRI15 TERIA.—The Secretary shall establish the evaluation 

16 criteria described in paragraph (1)— 

17 (A) after providing notice and an oppor18 tunity for public comment; and 

19 (B) by providing opportunities for engage20 ment with— 

21 (i) beginning farmers, fishermen, and 

22 ranchers; 

23 (ii) veteran farmers, fishermen, and 

24 ranchers; 

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1 (iii) socially disadvantaged farmers, 

2 fishermen, and ranchers; 

3 (iv) small and mid-sized farms, fishing 

4 businesses, and ranches; 

5 (v) individuals who follow religious or 

6 restricted diets; 

7 (vi) Indian Tribes; 

8 (vii) Native Hawaiians; 

9 (viii) Native Alaskans; 

10 (ix) workers in the food system, in11 cluding workers employed on farms, in 

12 food processing facilities and warehouses, 

13 and in food transportation; and 

14 (x) entities that use commodity pro15 grams of the Department of Agriculture, 

16 including child nutrition providers and 

17 food banks. 

18 (3) REQUIREMENT.—The Secretary shall annu19 ally select bids under the pilot program established 

20 under this subsection in an amount that is not less 

21 than 20 percent of the annual food spending of the 

22 Department of Agriculture under the covered au23 thorities. 

24 (4) REPORT TO CONGRESS.—Not later than 

25 January 1, 2025, and each year thereafter throughVerDate Sep 11 2014 02:09 Dec 08, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3390.IS S3390
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1 out the duration of the pilot program under this 

2 subsection, the Secretary shall submit to the Com3 mittee on Agriculture, Nutrition, and Forestry of 

4 the Senate and the Committee on Agriculture of the 

5 House of Representatives a report describing the 

6 progress of the Secretary in implementing the pilot 

7 program, including— 

8 (A) the number of bid solicitations selected 

9 under the pilot program; 

10 (B) the total amount spent by the Depart11 ment of Agriculture on purchases made through 

12 the pilot program; 

13 (C) a description of the evaluation criteria 

14 established under paragraph (2); and 

15 (D) an evaluation of the solicitation proc16 ess used for the pilot program that includes 

17 input from vendors. 

18 (5) TERMINATION.—The pilot program estab19 lished under this subsection shall terminate on the 

20 date that is 5 years after the date of enactment of 

21 this Act. 

22 (b) TECHNICAL ASSISTANCE.— 

23 (1) PARTICIPATION IN PROCUREMENT PRO24 GRAMS.—The Secretary shall provide technical as25 sistance to support equitable participation in the 

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1 procurement programs of the Department of Agri2 culture, including technical assistance in obtaining 

3 necessary food safety training or certification, to— 

4 (A) beginning farmers, fishermen, and 

5 ranchers; 

6 (B) veteran farmers, fishermen, and ranch7 ers; 

8 (C) socially disadvantaged farmers, fisher9 men, and ranchers; and 

10 (D) small and mid-sized farms, fishing 

11 businesses, and ranches. 

12 (2) SMALL BUSINESS CERTIFICATION.—The 

13 Secretary shall coordinate with the Administrator of 

14 the Small Business Administration to provide tech15 nical assistance in becoming certified as eligible for 

16 the award of contracts pursuant to section 8(a) of 

17 the Small Business Act (15 U.S.C. 637(a)) to— 

18 (A) beginning farmers, fishermen, and 

19 ranchers; 

20 (B) veteran farmers, fishermen, and ranch21 ers; 

22 (C) socially disadvantaged farmers, fisher23 men, and ranchers; and 

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1 (D) small and mid-sized farms, ranches, 

2 and fishing businesses that are structured as 

3 family farms. 

4 (c) GRANTS.— 

5 (1) IN GENERAL.—The Secretary shall establish 

6 a competitive grant program to assist eligible appli7 cants described in paragraph (5) in participating in 

8 the procurement programs of the Department of Ag9 riculture. 

10 (2) TERM.—The term of a grant awarded 

11 under this subsection shall be not more than 3 

12 years. 

13 (3) USE OF FUNDS.—A grant awarded under 

14 this subsection may be used for any of the following 

15 activities: 

16 (A) To make upgrades necessary to obtain 

17 food safety accreditations and audits required 

18 to become a vendor for the Department of Agri19 culture. 

20 (B) To pay for the cost of a food safety ac21 creditation and audit. 

22 (C) To purchase liability insurance. 

23 (D) To develop and execute a food safety 

24 plan. 

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1 (4) DISTRIBUTION.—The Secretary shall ensure 

2 geographic diversity in grants awarded under this 

3 subsection. 

4 (5) ELIGIBILITY.—Applicants eligible for grants 

5 under this subsection are— 

6 (A) beginning farmers, fishermen, and 

7 ranchers; 

8 (B) veteran farmers, fishermen, and ranch9 ers; 

10 (C) socially disadvantaged farmers, fisher11 men, and ranchers; 

12 (D) small and mid-sized farms, fishing 

13 businesses, and ranches; 

14 (E) agricultural cooperatives, fishing co15 operatives, and producer associations composed 

16 of the individuals or entities described in any of 

17 subparagraphs (A) through (D); and 

18 (F) food hubs that work with the individ19 uals or entities described in any of subpara20 graphs (A) through (D). 

21 (6) MAXIMUM GRANT AMOUNT.—No eligible ap22 plicant described in paragraph (5) may receive more 

23 than $100,000 in grants under this subsection. 

24 (7) REPORTS.— 

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1 (A) RECIPIENTS.—Not later than 1 year 

2 after receiving a grant under this subsection, 

3 and annually thereafter for the period of the 

4 grant term, a recipient of a grant under this 

5 subsection shall submit to the Secretary a re6 port describing— 

7 (i) how the recipient used the funds; 

8 and 

9 (ii) the progress of the recipient to10 ward becoming a vendor, as described in 

11 paragraph (3)(A), if applicable. 

12 (B) SECRETARY.—Not later than January 

13 1, 2025, and each year thereafter in which the 

14 term of a grant under this subsection is ongo15 ing, the Secretary shall submit to the Com16 mittee on Agriculture, Nutrition, and Forestry 

17 of the Senate and the Committee on Agri18 culture of the House of Representatives a re19 port containing a list of the recipients of the 

20 grants, including a summary of— 

21 (i) how the recipients used the funds; 

22 and 

23 (ii) the recipients that have become 

24 vendors, as described in paragraph (3)(A), 

25 if applicable. 

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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $25,000,000 for fiscal year 2025, to remain available 

4 through fiscal year 2030. 

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