,,ii  #aahth ,,congress  #ast ,session  
,s4 #bhgd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bj1
 #bjbc ,mr4 ,brown introduced the       
following bill2 which was read twice and
 referred to the ,committee on          
,agriculture1 ,nutrition1 and ,forestry 
,a ,,bill  ,to provide fresh produce to 
individuals facing food and nutrition   
insecurity1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,fresh ,produce ,procurement       
,reform ,act of #bjbc4  #b4 ,contracts  
for fresh produce  7a7 ,definitions ,in 
this section3  7#a7 ,beginning farmer   
,the term beginning farmer has the      
meaning given the term beginning farmer 
or rancher in section #cdc7;a7 of the   
,consolidated ,farm and ,rural          
,development ,act 7#g ,u4,s4,c4         
#aiia7;a774  7#b7 ,eligible entity ,the 
term eligible entity means an entity    
that--  7,a7 is-- 7i7 a grower1 packer1 
distributor1 or food-hub2  7ii7 a       
nonprofit organization2 or  7iii7 a     

cooperative2 and  7,b7  7i7 is located  
in the ,state or locality in which the  
produce shall be distributed2 or  7ii7  
has demonstrated experience distributing
 to that ,state or locality4  7#c7      
,family farm ,the term family farm has  
the meaning given the term in section   
#gfa4b of title #g1 ,code of ,federal   
,regulations 7as in effect on ,december 
#cj1 #bjjg74  7#d7 ,program ,the term   
program means the program established   
under subsection 7b74  7#e7 ,qualifying 
entity ,the term qualifying entity means
 a nonprofit food bank1 a nonprofit food
 pantry1 a nonprofit school1 a nonprofit
 child or senior care center1 a         
nonprofit youth-serving community based 
organization1 a ,tribal organization1 or
 a public agency that-- 7,a7            
participates in a nutrition program     
administered by the ,secretary1         
including--  7i7 the school lunch       
program established under the ,richard  
,b4 ,russell ,national ,school ,lunch   
,act 7#db ,u4,s4,c4 #agea et seq472     

7ii7 the summer food service program    
established under section #ac of that   
,act 7#db ,u4,s4,c4 #agfa72  7iii7 the  
child and adult care food program       
established under section #ag of that   
,act 7#db ,u4,s4,c4 #agff72  7iv7 the   
food distribution program on ,indian    
reservations established under section  
#d7;b7 of the ,food and ,nutrition ,act 
of #bjjh 7#g ,u4,s4,c4 #bjac7;b772  7v7 
the commodity supplemental food program 
established under section #d of the     
,agriculture and ,consumer ,protection  
,act of #aigc 7#g ,u4,s4,c4 #fab;c note2
 ,public ,law #ic-hf72 and  7vi7 the    
emergency food assistance program       
established pursuant to the ,emergency  
,food ,assistance ,act of #aihc 7#g     
,u4,s4,c4 #geja et seq472 or  7,b7 does 
not participate in a nutrition program  
described in subparagraph 7,a7 but has  
demonstrated experience in serving the  
needs of vulnerable populations facing  
food and nutrition insecurity4  7#f7    
,secretary ,the term ,secretary means   

the ,secretary of ,agriculture1 acting  
through the ,administrator of the       
,agricultural ,marketing ,service4  7#g7
 ,socially disadvantaged farmer ,the    
term socially disadvantaged farmer has  
the meaning given the term socially     
disadvantaged farmer or rancher in      
section #beja7;a7 of the ,food1         
,agriculture1 ,conservation1 and ,trade 
,act of #aiij 7#g ,u4,s4,c4 #bbgi7;a774 
7#h7 ,state ,the term ,state means--    
7,a7 a ,state2  7,b7 the ,district of   
,columbia2  7,c7 an ,indian ,tribe 7as  
defined in section #d of the ,indian    
,self-,determination and ,education     
,assistance ,act 7#be ,u4,s4,c4 #ecjd772
 and  7,d7 a territory or possession of 
the ,united ,states4  7#i7 ,veteran     
farmer ,the term veteran farmer has the 
meaning given the term veteran farmer or
 rancher in section #beja7;a7 of the    
,food1 ,agriculture1 ,conservation1 and 
,trade ,act of #aiij 7#g ,u4,s4,c4      
#bbgi7;a774  7b7 ,establishment ,not    
later than #ij days after the date of   

enactment of this ,act1 the ,secretary1 
in consultation with the ,administrator 
of the ,food and ,nutrition ,service1   
shall establish a program under which   
the ,secretary shall enter into         
contracts with eligible entities to     
procure fresh produce 7excluding        
legumes7 for distribution to qualifying 
entities that serve individuals at risk 
of food and nutrition insecurity4  7c7  
,purposes ,the purposes of the program  
are-- 7#a7 to increase access of        
low-income households to a wide variety 
of fresh produce2  7#b7 to directly     
connect produce producers and           
distributors to nonprofit emergency     
feeding entities2  7#c7 to increase the 
procurement of fresh produce by the     
,federal ,government2  7#d7 to          
strengthen the local and regional food  
supply chain2  7#e7 to reduce on-farm   
food loss caused by a market disruption2
 and  7#f7 to model nimbleness and      
responsiveness in and out of emergency  
situations relating to food insecurity1 

nutrition security1 and disruptions to  
the food supply chain4  7d7 ,selection  
7#a7 ,criteria ,in selecting eligible   
entities with which to enter into       
contracts under the program1 the        
,secretary shall consider whether the   
eligible entity--  7,a7 has demonstrated
 experience in fresh produce supply     
chain distribution2  7,b7 is a small    
business concern 7as defined in section 
#c of the ,small ,business ,act 7#ae    
,u4,s4,c4 #fcb772  7,c7 holds a ,,paca  
license1 relevant food safety           
certifications1 and any other relevant  
licenses or certifications1 as          
determined by the ,secretary2  7,d7     
sources from small- and medium-sized    
growers1 and local and regional produce1
 as geographically and seasonally       
feasible2  7,e7 has demonstrated        
relationships with at least #b          
qualifying entities1 including a        
qualifying entity that does not receive 
resources through the emergency food    
assistance program established pursuant 

to the ,emergency ,food ,assistance ,act
 of #aihc 7#g ,u4,s4,c4 #geja et seq472 
and  7,f7 offers the ,secretary a price 
determined by the ,secretary to be the  
overall best value without limiting     
evaluation factors to lowest price or   
highest technical rating4  7#b7         
,priority ,in selecting eligible        
entities with which to enter into       
contracts under the program1 the        
,secretary shall give priority to       
eligible entities that-- 7,a7 grow the  
produce that will be provided and       
distributed to qualifying entities2     
7,b7 are1 or source from-- 7i7 beginning
 farmers2  7ii7 small or mid-sized farms
 that are structured as family farms2 or
  7iii7 socially disadvantaged farmers1 
including women-owned and veteran-owned 
eligible entities2 and  7,c7 are able to
 deliver to areas most in need of fresh 
produce1 as determined by the           
,secretary4  7e7 ,contract terms  7#a7  
,period of performance ,the period of   
performance for a contract entered into 

under the program shall be--  7,a7 not  
less than #ij days2 and  7,b7 not more  
than #abj days4  7#b7 ,price ,the price 
paid by the ,secretary under a contract 
entered into under the program shall be 
inclusive of all transportation and     
distribution costs associated with      
delivering fresh produce to the final   
destination of the applicable qualifying
 entity4  7#c7 ,produce makeup ,a       
contract entered into under the program 
shall require that the fresh produce    
procured for distribution to a          
qualifying entity meets the following   
requirements3  7,a7 ,the fresh produce  
is grown in the ,united ,states4  7,b7  
,the fresh produce includes locally     
grown produce as geographically and     
seasonally feasible1 as determined by   
the ,secretary4  7,c7 ,not fewer than #g
 varieties of fresh produce are         
distributed4  7,d7 ,the variety of fresh
 produce distributed is consistent with 
the most recent ,dietary ,guidelines for
 ,americans published under section #cja

 of the ,national ,nutrition ,monitoring
 and ,related ,research ,act of #aiij   
7#g ,u4,s4,c4 #ecda74  7,e7 ,the fresh  
produce includes specialty crops of     
cultural importance to the recipients of
 the fresh produce1 as determined by the
 ,secretary1 in consultation with the   
distributing qualifying entity4  7#d7   
,payment under contract ,under a        
contract entered into under the program1
 the ,secretary shall--  7,a7 make a    
payment to the eligible entity of not   
less than #cj percent of the contract   
price in advance of the first           
distribution of produce under the       
contract2 and  7,b7 after the eligible  
entity provides documentation that the  
payment under subparagraph 7,a7 has been
 spent1 pay the remaining amount under  
the contract in #b disbursements of     
equal value4  7f7 ,program              
administration  7#a7 ,qualifying        
entities ,the ,secretary shall-- 7,a7   
maintain a list of qualifying entities  
that participate in the program2 and    

7,b7 conduct outreach to ensure that    
qualifying entities are made aware of   
the program4  7#b7 ,equity and          
geographic reach  7,a7 ,in general ,in  
carrying out the program each fiscal    
year1 the ,secretary shall enter into   
contracts with eligible entities in a   
manner that ensures that the total value
 of contracts entered into in each      
,state is proportionate to the number of
 households and individuals living in   
poverty within the ,state1 as determined
 by the ,secretary4  7,b7 ,diversity    
,the ,secretary shall award multiple    
contracts under the program to eligible 
entities located in or serving each     
region of the ,food and ,nutrition      
,service to provide opportunities to a  
broad range of producers and eligible   
entities4  7#c7 ,vulnerable areas ,in   
carrying out the program1 the ,secretary
 shall establish a process--  7,a7 to   
determine the areas most in need of     
produce provision under the program1    
including rural areas1 the territories  

and possessions of the ,united ,states1 
and areas under the jurisdiction of a   
,tribal government2 and  7,b7 to ensure 
that those areas are served by the      
program4  7#d7 ,financial information   
and assistance ,the ,secretary shall    
provide-- 7,a7 information to assist    
small farmers1 beginning farmers1       
veteran farmers1 and socially           
disadvantaged farmers in obtaining food 
safety certifications2 and  7,b7        
financial assistance to cover the       
associated costs of necessary changes   
and upgrades to practices and equipment 
to improve food safety4  7#e7 ,technical
 assistance ,the ,secretary shall       
provide technical assistance to eligible
 entities participating in the program  
with respect to--  7,a7 the contract    
terms and expectations applicable to    
those eligible entities2  7,b7 best     
practices for the distribution of       
produce and expectations of the         
,secretary relating to distribution2 and
  7,c7 food safety certification4  7g7  

,reporting  7#a7 ,in general ,not later 
than #a year after the date of enactment
 of this ,act1 the ,secretary shall     
submit to the ,committee on             
,agriculture1 ,nutrition1 and ,forestry 
of the ,senate and the ,committee on    
,agriculture of the ,house of           
,representatives a report that describes
 the activities carried out under the   
program1 including1 within a ,state--   
7,a7 the counties and percentage of     
counties served2  7,b7 the number of    
produce packages provided2  7,c7 the    
quantity and variety of fresh produce   
distributed2  7,d7 the number of farms  
from which produce is sourced1 including
 the size of those farms2  7,e7 the     
percentage of fresh produce procured    
locally and regionally2 and  7,f7 any   
other data determined relevant by the   
,secretary4  7#b7 ,,gao report ,not     
later than #a year after the date of    
enactment of this ,act1 the ,comptroller
 ,general of the ,united ,states shall  
submit to the ,committee on             

,agriculture1 ,nutrition1 and ,forestry 
of the ,senate and the ,committee on    
,agriculture of the ,house of           
,representatives a report that evaluates
 the effectiveness of the program with  
respect to the purposes of the program  
described in subsection 7c74