[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2874 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2874
To provide fresh produce to individuals facing food and nutrition
insecurity, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2023
Mr. Brown introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To provide fresh produce to individuals facing food and nutrition
insecurity, 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 ``Fresh Produce Procurement Reform Act
of 2023''.
SEC. 2. CONTRACTS FOR FRESH PRODUCE.
(a) Definitions.--In this section:
(1) Beginning farmer.--The term ``beginning farmer'' has
the meaning given the term ``beginning farmer or rancher'' in
section 343(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1991(a)).
(2) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) is--
(i) a grower, packer, distributor, or food-
hub;
(ii) a nonprofit organization; or
(iii) a cooperative; and
(B)(i) is located in the State or locality in which
the produce shall be distributed; or
(ii) has demonstrated experience distributing to
that State or locality.
(3) Family farm.--The term ``family farm'' has the meaning
given the term in section 761.2 of title 7, Code of Federal
Regulations (as in effect on December 30, 2007).
(4) Program.--The term ``program'' means the program
established under subsection (b).
(5) Qualifying entity.--The term ``qualifying entity''
means a nonprofit food bank, a nonprofit food pantry, a
nonprofit school, a nonprofit child or senior care center, a
nonprofit youth-serving community based organization, a Tribal
organization, or a public agency that--
(A) participates in a nutrition program
administered by the Secretary, including--
(i) the school lunch program established
under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);
(ii) the summer food service program
established under section 13 of that Act (42
U.S.C. 1761);
(iii) the child and adult care food program
established under section 17 of that Act (42
U.S.C. 1766);
(iv) the food distribution program on
Indian reservations established under section
4(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b));
(v) the commodity supplemental food program
established under section 4 of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C.
612c note; Public Law 93-86); and
(vi) the emergency food assistance program
established pursuant to the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7501 et seq.);
or
(B) does not participate in a nutrition program
described in subparagraph (A) but has demonstrated
experience in serving the needs of vulnerable
populations facing food and nutrition insecurity.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Administrator of the
Agricultural Marketing Service.
(7) Socially disadvantaged farmer.--The term ``socially
disadvantaged farmer'' has the meaning given the term
``socially disadvantaged farmer or rancher'' in section 2501(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(a)).
(8) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)); and
(D) a territory or possession of the United States.
(9) Veteran farmer.--The term ``veteran farmer'' has the
meaning given the term ``veteran farmer or rancher'' in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).
(b) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Food and Nutrition Service, shall establish a
program under which the Secretary shall enter into contracts with
eligible entities to procure fresh produce (excluding legumes) for
distribution to qualifying entities that serve individuals at risk of
food and nutrition insecurity.
(c) Purposes.--The purposes of the program are--
(1) to increase access of low-income households to a wide
variety of fresh produce;
(2) to directly connect produce producers and distributors
to nonprofit emergency feeding entities;
(3) to increase the procurement of fresh produce by the
Federal Government;
(4) to strengthen the local and regional food supply chain;
(5) to reduce on-farm food loss caused by a market
disruption; and
(6) to model nimbleness and responsiveness in and out of
emergency situations relating to food insecurity, nutrition
security, and disruptions to the food supply chain.
(d) Selection.--
(1) Criteria.--In selecting eligible entities with which to
enter into contracts under the program, the Secretary shall
consider whether the eligible entity--
(A) has demonstrated experience in fresh produce
supply chain distribution;
(B) is a small business concern (as defined in
section 3 of the Small Business Act (15 U.S.C. 632));
(C) holds a PACA license, relevant food safety
certifications, and any other relevant licenses or
certifications, as determined by the Secretary;
(D) sources from small- and medium-sized growers,
and local and regional produce, as geographically and
seasonally feasible;
(E) has demonstrated relationships with at least 2
qualifying entities, including a qualifying entity that
does not receive resources through the emergency food
assistance program established pursuant to the
Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et
seq.); and
(F) 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
rating.
(2) Priority.--In selecting eligible entities with which to
enter into contracts under the program, the Secretary shall
give priority to eligible entities that--
(A) grow the produce that will be provided and
distributed to qualifying entities;
(B) are, or source from--
(i) beginning farmers;
(ii) small or mid-sized farms that are
structured as family farms; or
(iii) socially disadvantaged farmers,
including women-owned and veteran-owned
eligible entities; and
(C) are able to deliver to areas most in need of
fresh produce, as determined by the Secretary.
(e) Contract Terms.--
(1) Period of performance.--The period of performance for a
contract entered into under the program shall be--
(A) not less than 90 days; and
(B) not more than 120 days.
(2) 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 entity.
(3) 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
requirements:
(A) The fresh produce is grown in the United
States.
(B) The fresh produce includes locally grown
produce as geographically and seasonally feasible, as
determined by the Secretary.
(C) Not fewer than 7 varieties of fresh produce are
distributed.
(D) The variety of fresh produce distributed is
consistent with the most recent Dietary Guidelines for
Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990
(7 U.S.C. 5341).
(E) The fresh produce includes specialty crops of
cultural importance to the recipients of the fresh
produce, as determined by the Secretary, in
consultation with the distributing qualifying entity.
(4) Payment under contract.--Under a contract entered into
under the program, the Secretary shall--
(A) make a payment to the eligible entity of not
less than 30 percent of the contract price in advance
of the first distribution of produce under the
contract; and
(B) after the eligible entity provides
documentation that the payment under subparagraph (A)
has been spent, pay the remaining amount under the
contract in 2 disbursements of equal value.
(f) Program Administration.--
(1) Qualifying entities.--The Secretary shall--
(A) maintain a list of qualifying entities that
participate in the program; and
(B) conduct outreach to ensure that qualifying
entities are made aware of the program.
(2) Equity and geographic reach.--
(A) In general.--In carrying out the program each
fiscal year, 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 State, as
determined by the Secretary.
(B) 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 entities.
(3) Vulnerable areas.--In carrying out the program, the
Secretary shall establish a process--
(A) to determine the areas most in need of produce
provision under the program, including rural areas, the
territories and possessions of the United States, and
areas under the jurisdiction of a Tribal government;
and
(B) to ensure that those areas are served by the
program.
(4) Financial information and assistance.--The Secretary
shall provide--
(A) information to assist small farmers, beginning
farmers, veteran farmers, and socially disadvantaged
farmers in obtaining food safety certifications; and
(B) financial assistance to cover the associated
costs of necessary changes and upgrades to practices
and equipment to improve food safety.
(5) Technical assistance.--The Secretary shall provide
technical assistance to eligible entities participating in the
program with respect to--
(A) the contract terms and expectations applicable
to those eligible entities;
(B) best practices for the distribution of produce
and expectations of the Secretary relating to
distribution; and
(C) food safety certification.
(g) Reporting.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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 that describes the activities carried
out under the program, including, within a State--
(A) the counties and percentage of counties served;
(B) the number of produce packages provided;
(C) the quantity and variety of fresh produce
distributed;
(D) the number of farms from which produce is
sourced, including the size of those farms;
(E) the percentage of fresh produce procured
locally and regionally; and
(F) any other data determined relevant by the
Secretary.
(2) GAO report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States 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 that evaluates the
effectiveness of the program with respect to the purposes of
the program described in subsection (c).
<all>