[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5309 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5309

   To direct the Secretary of Agriculture to enter into contracts to 
 provide individuals dealing with food and nutrition insecurity family-
            friendly fresh produce, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2021

  Ms. DeLauro (for herself and Mr. McGovern) introduced the following 
        bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Agriculture to enter into contracts to 
 provide individuals dealing with food and nutrition insecurity family-
            friendly fresh produce, 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 2021''.

SEC. 2. CONTRACTS FOR FRESH PRODUCE.

    (a) In General; Purposes.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary, acting through the 
Administrator of the Agricultural Marketing Service and in consultation 
with the Administrator of Food and Nutrition Service, shall establish a 
program (in this section referred to as the ``Program'') under which 
the Secretary shall enter into contracts with eligible entities to 
procure fresh produce for distribution to qualifying nonprofits that 
serve individuals at risk of food and nutrition insecurity. The Program 
shall aim to--
            (1) increase access to a wide variety of fresh fruits and 
        vegetables to low-income households;
            (2) directly connect fruit and vegetable producers and 
        distributors to nonprofit emergency feeding entities;
            (3) increase the Federal Government's procurement of fresh 
        fruits and vegetables;
            (4) strengthen the local and regional food supply chain;
            (5) reduce on-farm food loss; and
            (6) model nimbleness and responsiveness in and out of 
        emergency situations.
    (b) Selection Criteria.--In determining whether to award 
contractors, the Secretary of Agriculture should consider whether the 
eligible entity--
            (1) has previous experience distributing fresh produce 
        through the Department of Agriculture;
            (2) has demonstrated experience in fresh produce supply 
        chain distribution;
            (3) holds qualifications including, PACA license, food 
        safety certifications, and any other requirements as determined 
        by the Secretary;
            (4) operates a facility or facilities in or adjacent to the 
        State where the produce will be distributed;
            (5) sources from small and medium sized growers and local 
        and regional produce as geographically and seasonally feasible; 
        and
            (6) offers the government a price determined to be the 
        overall best value without limiting evaluation factors to 
        lowest price or highest technical rating.
    (c) Priority.--In entering into contracts under the Program, the 
Secretary shall give priority to the following:
            (1) Socially disadvantaged eligible entities, including 
        women-owned and veteran-owned.
            (2) Eligible entities that are, or source from, beginning 
        farmers, or small or mid-sized farms that are structured as 
        family farms, as defined in subsection (g).
            (3) Eligible entities that can deliver to areas in most 
        need of fresh produce, as determined by the Secretary.
            (4) Eligible entities that can demonstrate a commitment to 
        serving local communities through strong relationships with 
        qualifying nonprofits, public agencies, and Tribal governments, 
        as determined by the Secretary.
    (d) Contract Terms and Produce Makeup.--The Secretary shall ensure 
the following when administering contracts:
            (1) The period of performance under the contract shall be--
                    (A) at least 90 days; and
                    (B) not more than 120 days.
            (2) Eligible entity is located in the State or locality in 
        which produce is provided, or has demonstrated experience 
        distributing to the service area.
            (3) Award multiple contracts within each of the United 
        States Department of Agriculture's Food and Nutrition Services 
        regions to provide opportunities for a broad range of producers 
        and entities.
            (4) The makeup of the produce includes:
                    (A) Only fresh fruits and vegetables grown in the 
                United States.
                    (B) Locally grown fruits and vegetables where 
                geographically and seasonally possible, as determined 
                by the Secretary.
                    (C) No fewer than seven varieties of fresh fruits 
                and vegetables.
                    (D) Offer a variety of both fruits and vegetables 
                consistent with the most recent Dietary Guidelines for 
                Americans published under section 301 of the National 
                Nutrition Monitoring and Related Research Act of 1990.
                    (E) Include culturally competent commodities, as 
                determined by the Secretary in consultation with the 
                distributing agency.
            (5) Price paid by the government is inclusive of all 
        transportation and distribution costs associated with 
        delivering to the final destination of eligible nonprofit 
        distributing partner.
    (e) Program Administration.--
            (1) Qualifying nonprofits.--The Secretary shall establish a 
        process for which to identify qualifying nonprofit entities 
        that may participate in the Program and conduct outreach to 
        ensure that eligible nonprofits are made aware of the Program.
            (2) Equity and geographic reach.--In carrying out the 
        Program each fiscal year, the Secretary shall enter into 
        contracts with eligible entities in a manner that ensures the 
        total value of contracts entered into in each State, territory, 
        or Tribal entity, is proportionate to the number of households 
        and individuals living in poverty within the State, territory, 
        or Tribal entity, as determined by the Secretary.
                    (A) Vulnerable areas.--The Secretary shall 
                establish a process--
                            (i) 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
                            (ii) to ensure such areas are served by the 
                        Program.
                    (B) Technical assistance.--The Secretary shall 
                provide technical assistance to eligible entities 
                participating in the Program with respect to--
                            (i) the contact terms and expectations 
                        applicable to covered entities under the 
                        Program;
                            (ii) best practices for the distribution of 
                        the produce and expectations of distribution; 
                        and
                            (iii) food safety certification.
                    (C) Financial assistance.--the Secretary shall 
                provide information to assist small, beginning, 
                veteran, and socially disadvantaged farmers in 
                obtaining food safety certifications and covering the 
                associated costs of necessary changes and upgrades to 
                practices and equipment to improve food safety.
    (f) Reporting.--
            (1) Not later than one year after the date of enactment of 
        this Act, the Secretary shall provide to Congress a report on 
        activities carried out under the Program, including counties 
        and percentage of counties served, number of produce packages 
        provided, quantity and variety of fresh produce distributed, 
        number of farms sourced from, including size of farms, and 
        percentage of produce procured locally and regionally and other 
        data as determined by the Secretary.
            (2) Not later than 1 year after the enactment of this Act, 
        the Comptroller General of the United States shall submit to 
        the Committee of Agriculture of the House of Representatives a 
        report that evaluates the Program's effectiveness at meeting 
        the goals as stated in subsection (a).
    (g) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means 
        any of the following small businesses, as defined by the Small 
        Business Administration:
                    (A) Grower, packer, distributor, or food-hub.
                    (B) A nonprofit organization.
                    (C) A cooperative.
            (2) Qualifying nonprofit.--The term ``qualifying 
        nonprofit'' means all of the following:
                    (A) A nonprofit food bank, soup kitchen, school, 
                child or senior care center, youth serving community 
                based organization, Tribal organization, or public 
                agency participating in an existing United States 
                Department of Agriculture nutrition program including, 
                but not limited to, National School Lunch Program, 
                Summer Food Service Program, Child and Adult Care Food 
                Program, Food Distribution Program on Indian 
                Reservations, Commodity Supplemental Food Program, or 
                Emergency Food Assistance Program.
                    (B) A food bank or other nonprofit that does not 
                meet criteria under subsection (a) but has demonstrated 
                experience in serving needs of vulnerable populations 
                facing food and nutrition insecurity and can 
                demonstrate necessary food safety understanding and 
                other requirements as determined by the Secretary.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture acting through the Administrator of the 
        Agricultural Marketing Service of the Department of 
        Agriculture.
            (4) State.--The term ``State'' means all States within the 
        United States of America, the District of Columbia, territories 
        and possessions, and Tribal governments.
            (5) Beginning farmer.--The term ``beginning farmer'' has 
        the meaning given the term in section 343(a) of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).
            (6) Socially disadvantaged applicant or farmer.--The term 
        ``socially disadvantaged applicant or farmer'' has the meaning 
        given the term in section 761.2 of title 7, Code of Federal 
        Regulations.
            (7) Veteran farmer.--The term ``veteran farmer'' has the 
        meaning given the term in section 2501(e) of the Food, 
        Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
        2279(e)).
            (8) Family farm.--The term ``family farm'' has the meaning 
        given the term in section 231(a) of the Agricultural Risk 
        Protection Act of 2000 (7 U.S.C. 1632(a)).
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