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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3390 Introduced in Senate (IS)]

<DOC>

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.

    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 ``Enabling Farmer, Food worker, 
Environmental, and Climate Targets through Innovative, Values-aligned, 
and Equitable Food Procurement Act'' or the ``EFFECTIVE Food 
Procurement Act''.

SEC. 2. FINDINGS.

    Congress finds that the Department of Agriculture, as one of the 
largest food purchasers in the world, has the responsibility and 
opportunity to help spur a more just, healthy, and sustainable food 
system by purchasing more foods that support--
            (1) regional and resilient food economies;
            (2) worker well-being;
            (3) a safe and healthy environment;
            (4) equity and inclusion; and
            (5) fairness for family farms, fishing businesses, and 
        ranches.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Beginning farmer, fisherman, or rancher.--The term 
        ``beginning farmer, fisherman, or rancher'' means a person 
        that--
                    (A)(i) has not operated a farm, fishing business, 
                or ranch; or
                    (ii) has operated a farm, fishing business, or 
                ranch for not more than 10 years; and
                    (B) meets such other criteria as the Secretary may 
                establish.
            (2) Covered authority.--The term ``covered authority'' 
        means--
                    (A) section 32 of the Act of August 24, 1935 (7 
                U.S.C. 612c);
                    (B) the matter under the heading ``removal of 
                surplus agricultural commodities'' under the heading 
                ``Agricultural Marketing Service'' in title I of Public 
                Law 88-250 (7 U.S.C. 612c-1);
                    (C) section 10603 of the Farm Security and Rural 
                Investment Act of 2002 (7 U.S.C. 612c-4);
                    (D) section 4404 of the Food, Conservation, and 
                Energy Act of 2008 (7 U.S.C. 612c-5);
                    (E) section 14222 of that Act (7 U.S.C. 612c-6); 
                and
                    (F) any other purchasing authority of the 
                Department of Agriculture.
            (3) Fishing business.--The term ``fishing business'' means 
        a business engaged in commercial fishing (as defined in section 
        3 of the Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1802)).
            (4) Indian tribe.--The term ``Indian Tribe'' means an 
        Indian tribe included on the list published by the Secretary of 
        the Interior under section 104 of the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C. 5131).
            (5) Native alaskan.--The term ``Native Alaskan'' has the 
        meaning given the term ``Native'' in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602).
            (6) Native hawaiian.--The term ``Native Hawaiian'' has the 
        meaning given the term in section 801 of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4221).
            (7) Policy to limit deforestation.--The term ``policy to 
        limit deforestation'' means a policy that includes, at a 
        minimum, the following:
                    (A) Measures to identify the point of origin of 
                forest-risk commodities and ensure compliance with the 
                policy when supply chain risks are present.
                    (B) Data detailing the complete list of direct and 
                indirect suppliers and supply chain traceability 
                information for each forest-risk commodity found in 
                products that may be furnished to the Federal 
                Government, including--
                            (i) refineries, processing plants, farms, 
                        and plantations;
                            (ii) the respective owners, parent 
                        entities, and farmers of the entities described 
                        in clause (i);
                            (iii) maps; and
                            (iv) geolocations.
                    (C) Measures taken to ensure that each commodity 
                described in subparagraph (B) does not contribute to 
                deforestation.
                    (D) Measures taken to ensure the process of 
                obtaining the free, prior, and informed consent of 
                indigenous peoples and local communities directly 
                affected by the production of commodities described in 
                subparagraph (B).
                    (E) Measures taken to protect biodiversity and 
                prevent the poaching of wildlife and trade in bushmeat 
                in all operations and areas adjacent to the production 
                of commodities described in subparagraph (B).
                    (F) Measures taken to ensure compliance with the 
                laws of countries where forest-risk commodities in the 
                supply chain of the contractor are produced.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (9) Socially disadvantaged farmer, fisherman, or rancher.--
        The term ``socially disadvantaged farmer, fisherman, or 
        rancher'' means a farmer, operator of a fishing business, or 
        rancher who is a member of a socially disadvantaged group (as 
        defined in section 2501(a) of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))).
            (10) Tradeoff process.--The term ``tradeoff process'' means 
        a tradeoff process described in part 15.101-1 of the Federal 
        Acquisition Regulation (or a successor regulation).
            (11) Veteran farmer, fisherman, or rancher.--The term 
        ``veteran farmer, fisherman, or rancher'' means a farmer, 
        operator of a fishing business, or rancher who has served in 
        the Armed Forces (as defined in section 101 of title 38, United 
        States Code) and who--
                    (A) has not operated a farm, fishing business, or 
                ranch;
                    (B) has operated a farm, fishing business, or ranch 
                for not more than 10 years; or
                    (C) is a veteran (as defined in that section) who 
                has first obtained status as a veteran (as so defined) 
                during the most recent 10-year period.

SEC. 4. EQUITABLE FOOD PROCUREMENT.

    (a) Purposes.--The purposes of the requirements described in 
subsection (b) are--
            (1) to strengthen the resilience of the domestic food 
        system;
            (2) to create more equitable opportunities for small and 
        family farmers, fishermen, and ranchers;
            (3) to expand the choices available to school food 
        authorities and food banks participating in the commodity 
        procurement programs of the Department of Agriculture; and
            (4) to expand workplace protections in the food supply 
        chains of the Federal Government.
    (b) Requirements.--In the procurement of foods under a covered 
authority, the Secretary shall make available and purchase a sufficient 
variety of--
            (1) foods that support equity and inclusion, including--
                    (A) foods that are produced by or sourced from--
                            (i) beginning farmers, fishermen, or 
                        ranchers;
                            (ii) veteran farmers, fishermen, or 
                        ranchers; or
                            (iii) socially disadvantaged farmers, 
                        fishermen, or ranchers; and
                    (B) foods that accommodate people with religious or 
                restricted diets;
            (2) foods that support diversified and resilient supply 
        chains, including--
                    (A) foods that are produced by or sourced from 
                small or mid-sized family farms, fishing businesses, or 
                ranches;
                    (B) foods that are produced by or sourced from 
                agricultural cooperatives, producer associations, or 
                food hubs that principally work with the entities 
                described in subparagraph (A);
                    (C) foods that are produced by a certified organic 
                farm (as defined in section 2103 of the Organic Foods 
                Production Act of 1990 (7 U.S.C. 6502)); and
                    (D) foods that are produced by a farm participating 
                in an independent animal welfare certification program;
            (3) foods that support worker well-being, including--
                    (A) foods that are sourced from vendors with 
                employees who are represented by a collective 
                bargaining agreement or memorandum of understanding;
                    (B) foods that are sourced from vendors 
                participating in a worker justice certification 
                program; and
                    (C) foods that are sourced from vendors that have 
                signed a labor peace agreement with a bona fide labor 
                union; and
            (4) foods that mitigate the impacts on climate change of 
        the food purchasing by the Department of Agriculture, 
        including--
                    (A) foods that are produced using agricultural 
                practices that measurably reduce greenhouse gas 
                emissions and increase on-farm diversification and 
                resilience to climate impacts, including perennial-
                based systems, crop rotations, and pasture-based 
                livestock;
                    (B) foods that are sourced from suppliers with a 
                policy to limit deforestation;
                    (C) foods that emit less greenhouse gas emissions 
                throughout the lifecycle of the product, relative to 
                nutritionally similar foods; and
                    (D) foods that provide environmental co-benefits 
                that increase climate resilience, such as--
                            (i) improving soil health and water 
                        quality;
                            (ii) increasing biodiversity and water 
                        conservation; and
                            (iii) reducing the spread of invasive 
                        species.
    (c) Baseline Report.--Not later than 1 year after the date of 
enactment of this Act, 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 
includes--
            (1) the percentage of the total annual spending of the 
        Department of Agriculture spent on purchasing foods in each 
        category of foods listed in paragraphs (1) through (4) of 
        subsection (b), including a record of each purchase the 
        Department made under each category that lists--
                    (A) the name of each supplier, distributor, 
                processor, and producer involved in the provision of 
                the food product;
                    (B) the total contract obligation; and
                    (C) a description of the food purchased;
            (2) an estimate, developed in consultation with the 
        Environmental Protection Agency, of the greenhouse gas 
        emissions associated with food purchasing by the Department of 
        Agriculture;
            (3) targets to increase by calendar year 2032, to the 
        maximum extent practicable, the percentage of the annual food 
        spending by the Department of Agriculture in each category of 
        food listed in paragraphs (1) through (4) of subsection (b);
            (4) a target to reduce by calendar year 2032, to the 
        maximum extent practicable, the greenhouse gas emissions 
        associated with the annual food purchasing by the Department of 
        Agriculture relative to calendar year 2024, in accordance with 
        the procurement-related targets established by Executive Order 
        14057 (42 U.S.C. 4321 note; relating to catalyzing clean energy 
        industries and jobs through Federal sustainability); and
            (5) any recommendations--
                    (A) to enhance supply chain transparency, 
                particularly for school food authorities that 
                participate in any Department of Agriculture foods 
                program;
                    (B) to restructure the commodity food procurement 
                programs of the Department of Agriculture to support a 
                regional model with increased local food purchasing, 
                including recommendations for continuing and improving 
                on the Local Food Purchase Assistance Cooperative 
                Agreement Program; or
                    (C) to increase procurement of foods listed in 
                paragraphs (1) through (4) of subsection (b), including 
                any recommendations that would require new authority 
                from Congress.
    (d) Annual Reports.--Not later than 2 years after the date of 
enactment of this Act, and each year thereafter, 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 includes--
            (1) the percentage of the total annual spending of the 
        Department of Agriculture spent on purchasing foods in each 
        category of foods listed in paragraphs (1) through (4) of 
        subsection (b) during the previous fiscal year;
            (2) the names of all suppliers, distributors, processors, 
        and producers involved in the provision of all foods purchased 
        under a covered authority during the previous fiscal year; and
            (3) an estimate of the greenhouse gas emissions associated 
        with food purchasing by the Department of Agriculture during 
        the previous fiscal year.

SEC. 5. BEST VALUE PROCUREMENT PILOT PROGRAM; TECHNICAL ASSISTANCE; 
              GRANTS.

    (a) Best Value Procurement Pilot Program.--
            (1) In general.--The Secretary shall establish and carry 
        out a pilot program that uses a tradeoff process to select bids 
        for food procurement contracts that deliver the overall best 
        value and target purchases under covered authorities of foods 
        listed in paragraphs (1) through (4) of section 4(b), using 
        evaluation criteria established under paragraph (2).
            (2) Establishment of evaluation criteria.--The Secretary 
        shall establish the evaluation criteria described in paragraph 
        (1)--
                    (A) after providing notice and an opportunity for 
                public comment; and
                    (B) by providing opportunities for engagement 
                with--
                            (i) beginning farmers, fishermen, and 
                        ranchers;
                            (ii) veteran farmers, fishermen, and 
                        ranchers;
                            (iii) socially disadvantaged farmers, 
                        fishermen, and ranchers;
                            (iv) small and mid-sized farms, fishing 
                        businesses, and ranches;
                            (v) individuals who follow religious or 
                        restricted diets;
                            (vi) Indian Tribes;
                            (vii) Native Hawaiians;
                            (viii) Native Alaskans;
                            (ix) workers in the food system, including 
                        workers employed on farms, in food processing 
                        facilities and warehouses, and in food 
                        transportation; and
                            (x) entities that use commodity programs of 
                        the Department of Agriculture, including child 
                        nutrition providers and food banks.
            (3) Requirement.--The Secretary shall annually select bids 
        under the pilot program established under this subsection in an 
        amount that is not less than 20 percent of the annual food 
        spending of the Department of Agriculture under the covered 
        authorities.
            (4) Report to congress.--Not later than January 1, 2025, 
        and each year thereafter throughout the duration of the pilot 
        program under this subsection, 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 describing the progress of the 
        Secretary in implementing the pilot program, including--
                    (A) the number of bid solicitations selected under 
                the pilot program;
                    (B) the total amount spent by the Department of 
                Agriculture on purchases made through the pilot 
                program;
                    (C) a description of the evaluation criteria 
                established under paragraph (2); and
                    (D) an evaluation of the solicitation process used 
                for the pilot program that includes input from vendors.
            (5) Termination.--The pilot program established under this 
        subsection shall terminate on the date that is 5 years after 
        the date of enactment of this Act.
    (b) Technical Assistance.--
            (1) Participation in procurement programs.--The Secretary 
        shall provide technical assistance to support equitable 
        participation in the procurement programs of the Department of 
        Agriculture, including technical assistance in obtaining 
        necessary food safety training or certification, to--
                    (A) beginning farmers, fishermen, and ranchers;
                    (B) veteran farmers, fishermen, and ranchers;
                    (C) socially disadvantaged farmers, fishermen, and 
                ranchers; and
                    (D) small and mid-sized farms, fishing businesses, 
                and ranches.
            (2) Small business certification.--The Secretary shall 
        coordinate with the Administrator of the Small Business 
        Administration to provide technical assistance in becoming 
        certified as eligible for the award of contracts pursuant to 
        section 8(a) of the Small Business Act (15 U.S.C. 637(a)) to--
                    (A) beginning farmers, fishermen, and ranchers;
                    (B) veteran farmers, fishermen, and ranchers;
                    (C) socially disadvantaged farmers, fishermen, and 
                ranchers; and
                    (D) small and mid-sized farms, ranches, and fishing 
                businesses that are structured as family farms.
    (c) Grants.--
            (1) In general.--The Secretary shall establish a 
        competitive grant program to assist eligible applicants 
        described in paragraph (5) in participating in the procurement 
        programs of the Department of Agriculture.
            (2) Term.--The term of a grant awarded under this 
        subsection shall be not more than 3 years.
            (3) Use of funds.--A grant awarded under this subsection 
        may be used for any of the following activities:
                    (A) To make upgrades necessary to obtain food 
                safety accreditations and audits required to become a 
                vendor for the Department of Agriculture.
                    (B) To pay for the cost of a food safety 
                accreditation and audit.
                    (C) To purchase liability insurance.
                    (D) To develop and execute a food safety plan.
            (4) Distribution.--The Secretary shall ensure geographic 
        diversity in grants awarded under this subsection.
            (5) Eligibility.--Applicants eligible for grants under this 
        subsection are--
                    (A) beginning farmers, fishermen, and ranchers;
                    (B) veteran farmers, fishermen, and ranchers;
                    (C) socially disadvantaged farmers, fishermen, and 
                ranchers;
                    (D) small and mid-sized farms, fishing businesses, 
                and ranches;
                    (E) agricultural cooperatives, fishing 
                cooperatives, and producer associations composed of the 
                individuals or entities described in any of 
                subparagraphs (A) through (D); and
                    (F) food hubs that work with the individuals or 
                entities described in any of subparagraphs (A) through 
                (D).
            (6) Maximum grant amount.--No eligible applicant described 
        in paragraph (5) may receive more than $100,000 in grants under 
        this subsection.
            (7) Reports.--
                    (A) Recipients.--Not later than 1 year after 
                receiving a grant under this subsection, and annually 
                thereafter for the period of the grant term, a 
                recipient of a grant under this subsection shall submit 
                to the Secretary a report describing--
                            (i) how the recipient used the funds; and
                            (ii) the progress of the recipient toward 
                        becoming a vendor, as described in paragraph 
                        (3)(A), if applicable.
                    (B) Secretary.--Not later than January 1, 2025, and 
                each year thereafter in which the term of a grant under 
                this subsection is ongoing, 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 containing a 
                list of the recipients of the grants, including a 
                summary of--
                            (i) how the recipients used the funds; and
                            (ii) the recipients that have become 
                        vendors, as described in paragraph (3)(A), if 
                        applicable.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for fiscal year 
2025, to remain available through fiscal year 2030.
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