II 118th CONGRESS 1st Session S. 3390 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. 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 . 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. 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. 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. 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.