,,ii #aaith ,,congress #ast ,session ,s4 #cdga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ae1 #bjbe,mr4 ,markey 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,schiff1 ,mr4 ,welch1 and ,mr4 ,padilla7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to improve purchasing of food by the ,department of ,agriculture1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,enabling ,farmer1 ,food worker1 ,environmental1 and ,climate ,targets through ,innovative1 ,values-aligned1 and ,equitable ,food ,procurement ,act or the ,,effective ,food ,procurement ,act4 #b4 ,findings ,congress finds that the ,department of ,agriculture1 as one of the largest food purchasers in the world1 has the responsibility and opportunity to help spur a more just1 healthy1 and sustainable food system by purchasing more foods that support-- 7#a7 regional and resilient food economies2 7#b7 worker well-being2 7#c7 a safe and healthy environment2 7#d7 equity and inclusion2 7#e7 fairness for family farms1 fishing businesses1 and ranches2 and 7#f7 animal welfare4 #c4 ,definitions ,in this ,act3 7#a7 ,beginning farmer1 fisherman1 or rancher ,the term beginning farmer1 fisherman1 or rancher means a person that-- 7,a7 7i7 has not operated a farm1 fishing business1 or ranch2 or 7ii7 has operated a farm1 fishing business1 or ranch for not more than #aj years2 and 7,b7 meets such other criteria as the ,secretary may establish4 7#b7 ,certification program ,the term certification program means a program that uses qualified1 independent auditors to carry out routine1 in-person or on-farm assessments of compliance of a producer or business with publicly available standards that are developed with input from key stakeholders and subject matter experts and exceed conventional industry standards and applicable ,federal or ,state legal requirements4 7#c7 ,covered authority ,the term covered authority means-- 7,a7 section #cb of the ,act of ,august #bd1 #aice 7#g ,u4,s4,c4 #fab;c72 7,b7 the matter under the heading ,,removal ,,of ,,surplus ,,agricultural ,,commodities under the heading ,agricultural ,marketing ,service in title ,i of ,public ,law #hh-bej 7#g ,u4,s4,c4 #fab;c-#a72 7,c7 section #ajfjc of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #fab;c-#d72 7,d7 section #ddjd of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #fab;c-#e72 7,e7 section #adbbb of that ,act 7#g ,u4,s4,c4 #fab;c-#f72 and 7,f7 any other purchasing authority of the ,department of ,agriculture4 7#d7 ,covered entity ,the term covered entity means a nonprofit organization or a for-profit organization that is a processor1 distributor1 or food hub that sources at least #ea percent of its value from covered producers4 7#e7 ,covered producer ,the term covered producer means-- 7,a7 a beginning farmer1 fisherman1 or rancher2 7,b7 a veteran farmer1 fisherman1 or rancher2 7,c7 a socially disadvantaged farmer1 fisherman1 or rancher2 or 7,d7 a producer on a small or medium-sized farm or ranch4 7#f7 ,fishing business ,the term fishing business means a business engaged in commercial fishing 7as defined in section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb774 7#g7 ,indian ,tribe ,the term ,indian ,tribe means an ,indian tribe included on the list published by the ,secretary of the ,interior under section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#h7 ,native ,alaskan ,the term ,native ,alaskan has the meaning given the term ,native in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#i7 ,native ,hawaiian ,the term ,native ,hawaiian has the meaning given the term in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba74 7#aj7 ,nonprofit organization ,the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code4 7#aa7 ,policy to limit deforestation ,the term policy to limit deforestation means a policy that includes1 at a minimum1 the following3 7,a7 ,measures to identify the point of origin of forest-risk commodities and ensure compliance with the policy when supply chain risks are present4 7,b7 ,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 ,government1 including-- 7i7 refineries1 processing plants1 farms1 and plantations2 7ii7 the respective owners1 parent entities1 and farmers of the entities described in clause 7i72 7iii7 maps2 and 7iv7 geolocations4 7,c7 ,measures taken to ensure that each commodity described in subparagraph 7,b7 does not contribute to deforestation4 7,d7 ,measures taken to ensure the process of obtaining the free1 prior1 and informed consent of indigenous peoples and local communities directly affected by the production of commodities described in subparagraph 7,b74 7,e7 ,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 7,b74 7,f7 ,measures taken to ensure compliance with the laws of countries where forest-risk commodities in the supply chain of the contractor are produced4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#ac7 ,small or medium-sized farm or ranch ,the term small or medium-sized farm or ranch means a farm or ranch that-- 7,a7 has an annual gross cash farm income of less than #iii1iii2 or 7,b7 meets another acreage-based definition of small or medium1 as determined by the ,secretary1 that takes into consideration-- 7i7 the ,state or region in which the farm or ranch is located2 7ii7 the production system of the farm or ranch2 or 7iii7 both4 7#ad7 ,socially disadvantaged farmer1 fisherman1 or rancher ,the term socially disadvantaged farmer1 fisherman1 or rancher means a farmer1 operator of a fishing business1 or rancher who is a member of a socially disadvantaged group 7as defined in section #beja7;a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;a7774 7#ae7 ,tradeoff process ,the term tradeoff process means a tradeoff process described in part #ae4aja-a of the ,federal ,acquisition ,regulation 7or a successor regulation74 7#af7 ,veteran farmer1 fisherman1 or rancher ,the term veteran farmer1 fisherman1 or rancher means a farmer1 operator of a fishing business1 or rancher who has served in the ,armed ,forces 7as defined in section #aja of title #ch1 ,united ,states ,code7 and who-- 7,a7 has not operated a farm1 fishing business1 or ranch2 7,b7 has operated a farm1 fishing business1 or ranch for not more than #aj years2 or 7,c7 is a veteran 7as defined in that section7 who has first obtained status as a veteran 7as so defined7 during the most recent #aj-year period4 #d4 ,fair food procurement 7a7 ,purposes ,the purposes of the requirements described in subsection 7b7 are-- 7#a7 to strengthen the resilience of the domestic food system2 7#b7 to create more opportunities for covered producers2 7#c7 to expand the choices available to school food authorities and food banks participating in the commodity procurement programs of the ,department of ,agriculture2 and 7#d7 to expand workplace protections in the food supply chains of the ,federal ,government4 7b7 ,requirements ,in the procurement of foods under a covered authority1 the ,secretary shall make available and purchase a sufficient variety of-- 7#a7 foods that support equity and inclusion1 including-- 7,a7 foods that are produced by covered producers or sourced from covered entities2 and 7,b7 foods that accommodate people with religious or restricted diets2 7#b7 foods that support diversified and resilient supply chains1 including-- 7,a7 foods that are produced by covered producers or sourced from covered entities2 7,b7 foods that are produced by or sourced from agricultural cooperatives1 producer associations1 or food hubs that principally work with covered producers2 7,c7 foods that are produced by a certified organic farm 7as defined in section #bajc of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #fejb772 and 7,d7 foods that are produced by a farm participating in an independent animal welfare certification program2 7#c7 foods that support worker well-being1 including-- 7,a7 foods that are sourced from vendors with employees who are represented by a collective bargaining agreement or memorandum of understanding2 7,b7 foods that are sourced from vendors participating in a worker justice certification program2 and 7,c7 foods that are sourced from vendors that have signed a labor peace agreement with a bona fide labor union2 and 7#d7 foods that mitigate the impacts on climate change1 including-- 7,a7 foods that are produced using agricultural practices that measurably reduce greenhouse gas emissions and increase on-farm diversification and resilience to climate impacts1 including perennial-based systems1 crop rotations1 and ecologically managed pasture-based livestock2 7,b7 foods that are sourced from suppliers with a policy to limit deforestation2 7,c7 foods that emit less greenhouse gas emissions throughout the lifecycle of the product1 relative to nutritionally similar foods2 and 7,d7 foods that provide environmental co-benefits that increase climate resilience1 such as-- 7i7 improving soil health and water quality2 7ii7 increasing biodiversity and water conservation2 7iii7 reducing the spread of invasive species2 and 7iv7 preserving native ecosystems4 7c7 ,baseline report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that includes-- 7#a7 the percentage of the total annual spending of the ,department of ,agriculture spent on purchasing foods in each category of foods listed in paragraphs 7#a7 through 7#d7 of subsection 7b71 including a record of each purchase the ,department made under each category that lists-- 7,a7 the name of each supplier1 distributor1 processor1 and producer involved in the provision of the food product2 7,b7 the total contract obligation2 and 7,c7 a description of the food purchased2 7#b7 an estimate1 developed in consultation with the ,administrator of the ,environmental ,protection ,agency1 of the greenhouse gas emissions associated with the production of food purchased or procured by the ,department of ,agriculture2 7#c7 targets to increase by calendar year #bjcb1 to the maximum extent practicable1 the percentage of the annual food spending by the ,department of ,agriculture in each category of food listed in paragraphs 7#a7 through 7#d7 of subsection 7b72 7#d7 a target to reduce by calendar year #bjcb1 to the maximum extent practicable1 the greenhouse gas emissions associated with the annual food purchasing by the ,department of ,agriculture relative to calendar year #bjbd1 in accordance with the procurement-related targets established by ,executive ,order #adjeg 7#db ,u4,s4,c4 #dcba note2 relating to catalyzing clean energy industries and jobs through ,federal sustainability72 and 7#e7 any recommendations-- 7,a7 to enhance supply chain transparency1 particularly for school food authorities that participate in any ,department of ,agriculture foods program2 7,b7 to restructure the commodity food procurement programs of the ,department of ,agriculture to support a regional model with increased local food purchasing1 including recommendations for continuing and improving on the ,local ,food ,purchase ,assistance ,cooperative ,agreement ,program2 or 7,c7 to increase procurement of foods listed in paragraphs 7#a7 through 7#d7 of subsection 7b71 including any recommendations that would require new authority from ,congress4 7d7 ,annual reports ,not later than #b years after the date of enactment of this ,act1 and each year thereafter1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that includes-- 7#a7 the percentage of the total annual spending of the ,department of ,agriculture spent on purchasing foods in each category of foods listed in paragraphs 7#a7 through 7#d7 of subsection 7b7 during the previous fiscal year2 7#b7 the names of all suppliers1 distributors1 processors1 and producers involved in the provision of all foods purchased under a covered authority during the previous fiscal year2 and 7#c7 an estimate of the greenhouse gas emissions associated with food purchasing by the ,department of ,agriculture during the previous fiscal year4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1jjj1jjj1 to remain available until expended4 #e4 ,set-aside for covered producers 7a7 ,in general ,the ,secretary shall1 on a competitive basis1 seek to enter into procurement contracts with covered producers and covered entities4 7b7 ,funding ,for each of fiscal years #bjbf through #bjca1 of the funds made available to the ,secretary under section #cb of the ,act of ,august #bd1 #aice 7#g ,u4,s4,c4 #fab;c71 for that fiscal year1 the ,secretary shall use not less than #b1jjj1jjj to carry out subsection 7a74 #f4 ,best value procurement pilot program2 technical assistance2 grants 7a7 ,best value procurement pilot program 7#a7 ,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 7#a7 through 7#d7 of section #d7;b71 using evaluation criteria established under paragraph 7#b74 7#b7 ,establishment of evaluation criteria ,the ,secretary shall establish the evaluation criteria described in paragraph 7#a7-- 7,a7 after providing notice and an opportunity for public comment2 and 7,b7 by providing opportunities for engagement with-- 7i7 covered producers2 7ii7 covered entities2 7iii7 individuals who follow religious or restricted diets2 7iv7 ,indian ,tribes2 7v7 ,native ,hawaiians2 7vi7 ,native ,alaskans2 7vii7 workers in the food system1 including workers employed on farms1 in food processing facilities and warehouses1 and in food transportation2 and 7viii7 entities that use commodity programs of the ,department of ,agriculture1 including child nutrition providers and food banks4 7#c7 ,requirement ,the ,secretary shall annually select bids under the pilot program established under this subsection in an amount that is not less than #bj percent of the annual food spending of the ,department of ,agriculture under the covered authorities4 7#d7 ,report to ,congress ,not later than ,january #a1 #bjbf1 and each year thereafter throughout the duration of the pilot program under this subsection1 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 describing the progress of the ,secretary in implementing the pilot program1 including-- 7,a7 the number of bid solicitations selected under the pilot program2 7,b7 the total amount spent by the ,department of ,agriculture on purchases made through the pilot program2 7,c7 a description of the evaluation criteria established under paragraph 7#b72 and 7,d7 an evaluation of the solicitation process used for the pilot program that includes input from vendors4 7#e7 ,termination ,the pilot program established under this subsection shall terminate on the date that is #e years after the date of enactment of this ,act4 7b7 ,technical assistance ,the ,secretary shall provide technical assistance to covered producers and covered entities to support equitable participation in the procurement programs of the ,department of ,agriculture1 including technical assistance in obtaining necessary food safety training or certification4 7c7 ,grants 7#a7 ,in general ,the ,secretary shall establish a competitive grant program to assist eligible applicants described in paragraph 7#e7 in participating in the procurement programs of the ,department of ,agriculture4 7#b7 ,term ,the term of a grant awarded under this subsection shall be not more than #c years4 7#c7 ,use of funds ,a grant awarded under this subsection may be used for any of the following activities3 7,a7 ,to make upgrades necessary to obtain food safety accreditations and audits required to become a vendor for the ,department of ,agriculture4 7,b7 ,to pay for the cost of a food safety accreditation and audit4 7,c7 ,to purchase liability insurance4 7,d7 ,to develop and execute a food safety plan4 7#d7 ,distribution ,the ,secretary shall ensure geographic diversity in grants awarded under this subsection4 7#e7 ,eligibility ,applicants eligible for grants under this subsection are-- 7,a7 covered producers2 and 7,b7 agricultural cooperatives1 fishing cooperatives1 and producer associations composed of covered producers4 7#f7 ,maximum grant amount ,no eligible applicant described in paragraph 7#e7 may receive more than #ajj1jjj in grants under this subsection4 7#g7 ,reports 7,a7 ,recipients ,not later than #a year after receiving a grant under this subsection1 and annually thereafter for the period of the grant term1 a recipient of a grant under this subsection shall submit to the ,secretary a report describing-- 7i7 how the recipient used the funds2 and 7ii7 the progress of the recipient toward becoming a vendor1 as described in paragraph 7#c77;,a71 if applicable4 7,b7 ,secretary ,not later than ,january #a1 #bjbf1 and each year thereafter in which the term of a grant under this subsection is ongoing1 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 containing a list of the recipients of the grants1 including a summary of-- 7i7 how the recipients used the funds2 and 7ii7 the recipients that have become vendors1 as described in paragraph 7#c77;,a71 if applicable4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #be1jjj1jjj for fiscal year #bjbf1 to remain available through fiscal year #bjca4