[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2874 Introduced in Senate (IS)]

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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).
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