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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3471 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3471
To improve purchasing of food by the Department of Agriculture, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 15, 2025
Mr. Markey (for himself, Mr. Blumenthal, Mr. Schiff, Mr. Welch, and Mr.
Padilla) introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To improve purchasing of food by the Department of Agriculture, 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 ``Enabling Farmer, Food worker,
Environmental, and Climate Targets through Innovative, Values-aligned,
and Equitable Food Procurement Act'' or the ``EFFECTIVE Food
Procurement Act''.
SEC. 2. FINDINGS.
Congress finds that the Department of Agriculture, as one of the
largest food purchasers in the world, has the responsibility and
opportunity to help spur a more just, healthy, and sustainable food
system by purchasing more foods that support--
(1) regional and resilient food economies;
(2) worker well-being;
(3) a safe and healthy environment;
(4) equity and inclusion;
(5) fairness for family farms, fishing businesses, and
ranches; and
(6) animal welfare.
SEC. 3. DEFINITIONS.
In this Act:
(1) Beginning farmer, fisherman, or rancher.--The term
``beginning farmer, fisherman, or rancher'' means a person
that--
(A)(i) has not operated a farm, fishing business,
or ranch; or
(ii) has operated a farm, fishing business, or
ranch for not more than 10 years; and
(B) meets such other criteria as the Secretary may
establish.
(2) Certification program.--The term ``certification
program'' means a program that uses qualified, independent
auditors to carry out routine, 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 requirements.
(3) Covered authority.--The term ``covered authority''
means--
(A) section 32 of the Act of August 24, 1935 (7
U.S.C. 612c);
(B) the matter under the heading ``removal of
surplus agricultural commodities'' under the heading
``Agricultural Marketing Service'' in title I of Public
Law 88-250 (7 U.S.C. 612c-1);
(C) section 10603 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 612c-4);
(D) section 4404 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 612c-5);
(E) section 14222 of that Act (7 U.S.C. 612c-6);
and
(F) any other purchasing authority of the
Department of Agriculture.
(4) Covered entity.--The term ``covered entity'' means a
nonprofit organization or a for-profit organization that is a
processor, distributor, or food hub that sources at least 51
percent of its value from covered producers.
(5) Covered producer.--The term ``covered producer''
means--
(A) a beginning farmer, fisherman, or rancher;
(B) a veteran farmer, fisherman, or rancher;
(C) a socially disadvantaged farmer, fisherman, or
rancher; or
(D) a producer on a small or medium-sized farm or
ranch.
(6) Fishing business.--The term ``fishing business'' means
a business engaged in commercial fishing (as defined in section
3 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802)).
(7) Indian tribe.--The term ``Indian Tribe'' means an
Indian tribe included on the list published by the Secretary of
the Interior under section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(8) Native alaskan.--The term ``Native Alaskan'' has the
meaning given the term ``Native'' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(9) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 801 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4221).
(10) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code.
(11) Policy to limit deforestation.--The term ``policy to
limit deforestation'' means a policy that includes, at a
minimum, the following:
(A) Measures to identify the point of origin of
forest-risk commodities and ensure compliance with the
policy when supply chain risks are present.
(B) 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
Government, including--
(i) refineries, processing plants, farms,
and plantations;
(ii) the respective owners, parent
entities, and farmers of the entities described
in clause (i);
(iii) maps; and
(iv) geolocations.
(C) Measures taken to ensure that each commodity
described in subparagraph (B) does not contribute to
deforestation.
(D) Measures taken to ensure the process of
obtaining the free, prior, and informed consent of
indigenous peoples and local communities directly
affected by the production of commodities described in
subparagraph (B).
(E) 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 (B).
(F) Measures taken to ensure compliance with the
laws of countries where forest-risk commodities in the
supply chain of the contractor are produced.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(13) Small or medium-sized farm or ranch.--The term ``small
or medium-sized farm or ranch'' means a farm or ranch that--
(A) has an annual gross cash farm income of less
than $999,999; or
(B) meets another acreage-based definition of
``small'' or ``medium'', as determined by the
Secretary, that takes into consideration--
(i) the State or region in which the farm
or ranch is located;
(ii) the production system of the farm or
ranch; or
(iii) both.
(14) Socially disadvantaged farmer, fisherman, or
rancher.--The term ``socially disadvantaged farmer, fisherman,
or rancher'' means a farmer, operator of a fishing business, or
rancher who is a member of a socially disadvantaged group (as
defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))).
(15) Tradeoff process.--The term ``tradeoff process'' means
a tradeoff process described in part 15.101-1 of the Federal
Acquisition Regulation (or a successor regulation).
(16) Veteran farmer, fisherman, or rancher.--The term
``veteran farmer, fisherman, or rancher'' means a farmer,
operator of a fishing business, or rancher who has served in
the Armed Forces (as defined in section 101 of title 38, United
States Code) and who--
(A) has not operated a farm, fishing business, or
ranch;
(B) has operated a farm, fishing business, or ranch
for not more than 10 years; or
(C) is a veteran (as defined in that section) who
has first obtained status as a veteran (as so defined)
during the most recent 10-year period.
SEC. 4. FAIR FOOD PROCUREMENT.
(a) Purposes.--The purposes of the requirements described in
subsection (b) are--
(1) to strengthen the resilience of the domestic food
system;
(2) to create more opportunities for covered producers;
(3) to expand the choices available to school food
authorities and food banks participating in the commodity
procurement programs of the Department of Agriculture; and
(4) to expand workplace protections in the food supply
chains of the Federal Government.
(b) Requirements.--In the procurement of foods under a covered
authority, the Secretary shall make available and purchase a sufficient
variety of--
(1) foods that support equity and inclusion, including--
(A) foods that are produced by covered producers or
sourced from covered entities; and
(B) foods that accommodate people with religious or
restricted diets;
(2) foods that support diversified and resilient supply
chains, including--
(A) foods that are produced by covered producers or
sourced from covered entities;
(B) foods that are produced by or sourced from
agricultural cooperatives, producer associations, or
food hubs that principally work with covered producers;
(C) foods that are produced by a certified organic
farm (as defined in section 2103 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6502)); and
(D) foods that are produced by a farm participating
in an independent animal welfare certification program;
(3) foods that support worker well-being, including--
(A) foods that are sourced from vendors with
employees who are represented by a collective
bargaining agreement or memorandum of understanding;
(B) foods that are sourced from vendors
participating in a worker justice certification
program; and
(C) foods that are sourced from vendors that have
signed a labor peace agreement with a bona fide labor
union; and
(4) foods that mitigate the impacts on climate change,
including--
(A) foods that are produced using agricultural
practices that measurably reduce greenhouse gas
emissions and increase on-farm diversification and
resilience to climate impacts, including perennial-
based systems, crop rotations, and ecologically managed
pasture-based livestock;
(B) foods that are sourced from suppliers with a
policy to limit deforestation;
(C) foods that emit less greenhouse gas emissions
throughout the lifecycle of the product, relative to
nutritionally similar foods; and
(D) foods that provide environmental co-benefits
that increase climate resilience, such as--
(i) improving soil health and water
quality;
(ii) increasing biodiversity and water
conservation;
(iii) reducing the spread of invasive
species; and
(iv) preserving native ecosystems.
(c) Baseline Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
includes--
(1) the percentage of the total annual spending of the
Department of Agriculture spent on purchasing foods in each
category of foods listed in paragraphs (1) through (4) of
subsection (b), including a record of each purchase the
Department made under each category that lists--
(A) the name of each supplier, distributor,
processor, and producer involved in the provision of
the food product;
(B) the total contract obligation; and
(C) a description of the food purchased;
(2) an estimate, developed in consultation with the
Administrator of the Environmental Protection Agency, of the
greenhouse gas emissions associated with the production of food
purchased or procured by the Department of Agriculture;
(3) targets to increase by calendar year 2032, to the
maximum extent practicable, the percentage of the annual food
spending by the Department of Agriculture in each category of
food listed in paragraphs (1) through (4) of subsection (b);
(4) a target to reduce by calendar year 2032, to the
maximum extent practicable, the greenhouse gas emissions
associated with the annual food purchasing by the Department of
Agriculture relative to calendar year 2024, in accordance with
the procurement-related targets established by Executive Order
14057 (42 U.S.C. 4321 note; relating to catalyzing clean energy
industries and jobs through Federal sustainability); and
(5) any recommendations--
(A) to enhance supply chain transparency,
particularly for school food authorities that
participate in any Department of Agriculture foods
program;
(B) to restructure the commodity food procurement
programs of the Department of Agriculture to support a
regional model with increased local food purchasing,
including recommendations for continuing and improving
on the Local Food Purchase Assistance Cooperative
Agreement Program; or
(C) to increase procurement of foods listed in
paragraphs (1) through (4) of subsection (b), including
any recommendations that would require new authority
from Congress.
(d) Annual Reports.--Not later than 2 years after the date of
enactment of this Act, and each year thereafter, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that includes--
(1) the percentage of the total annual spending of the
Department of Agriculture spent on purchasing foods in each
category of foods listed in paragraphs (1) through (4) of
subsection (b) during the previous fiscal year;
(2) the names of all suppliers, distributors, processors,
and producers involved in the provision of all foods purchased
under a covered authority during the previous fiscal year; and
(3) an estimate of the greenhouse gas emissions associated
with food purchasing by the Department of Agriculture during
the previous fiscal year.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000, to remain available
until expended.
SEC. 5. SET-ASIDE FOR COVERED PRODUCERS.
(a) In General.--The Secretary shall, on a competitive basis, seek
to enter into procurement contracts with covered producers and covered
entities.
(b) Funding.--For each of fiscal years 2026 through 2031, of the
funds made available to the Secretary under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c), for that fiscal year, the Secretary
shall use not less than $2,000,000 to carry out subsection (a).
SEC. 6. BEST VALUE PROCUREMENT PILOT PROGRAM; TECHNICAL ASSISTANCE;
GRANTS.
(a) Best Value Procurement Pilot Program.--
(1) 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 (1) through (4) of section 4(b), using
evaluation criteria established under paragraph (2).
(2) Establishment of evaluation criteria.--The Secretary
shall establish the evaluation criteria described in paragraph
(1)--
(A) after providing notice and an opportunity for
public comment; and
(B) by providing opportunities for engagement
with--
(i) covered producers;
(ii) covered entities;
(iii) individuals who follow religious or
restricted diets;
(iv) Indian Tribes;
(v) Native Hawaiians;
(vi) Native Alaskans;
(vii) workers in the food system, including
workers employed on farms, in food processing
facilities and warehouses, and in food
transportation; and
(viii) entities that use commodity programs
of the Department of Agriculture, including
child nutrition providers and food banks.
(3) Requirement.--The Secretary shall annually select bids
under the pilot program established under this subsection in an
amount that is not less than 20 percent of the annual food
spending of the Department of Agriculture under the covered
authorities.
(4) Report to congress.--Not later than January 1, 2026,
and each year thereafter throughout the duration of the pilot
program under this subsection, 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 describing the progress of the
Secretary in implementing the pilot program, including--
(A) the number of bid solicitations selected under
the pilot program;
(B) the total amount spent by the Department of
Agriculture on purchases made through the pilot
program;
(C) a description of the evaluation criteria
established under paragraph (2); and
(D) an evaluation of the solicitation process used
for the pilot program that includes input from vendors.
(5) Termination.--The pilot program established under this
subsection shall terminate on the date that is 5 years after
the date of enactment of this Act.
(b) 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 Agriculture, including technical assistance in obtaining necessary
food safety training or certification.
(c) Grants.--
(1) In general.--The Secretary shall establish a
competitive grant program to assist eligible applicants
described in paragraph (5) in participating in the procurement
programs of the Department of Agriculture.
(2) Term.--The term of a grant awarded under this
subsection shall be not more than 3 years.
(3) Use of funds.--A grant awarded under this subsection
may be used for any of the following activities:
(A) To make upgrades necessary to obtain food
safety accreditations and audits required to become a
vendor for the Department of Agriculture.
(B) To pay for the cost of a food safety
accreditation and audit.
(C) To purchase liability insurance.
(D) To develop and execute a food safety plan.
(4) Distribution.--The Secretary shall ensure geographic
diversity in grants awarded under this subsection.
(5) Eligibility.--Applicants eligible for grants under this
subsection are--
(A) covered producers; and
(B) agricultural cooperatives, fishing
cooperatives, and producer associations composed of
covered producers.
(6) Maximum grant amount.--No eligible applicant described
in paragraph (5) may receive more than $100,000 in grants under
this subsection.
(7) Reports.--
(A) Recipients.--Not later than 1 year after
receiving a grant under this subsection, and annually
thereafter for the period of the grant term, a
recipient of a grant under this subsection shall submit
to the Secretary a report describing--
(i) how the recipient used the funds; and
(ii) the progress of the recipient toward
becoming a vendor, as described in paragraph
(3)(A), if applicable.
(B) Secretary.--Not later than January 1, 2026, and
each year thereafter in which the term of a grant under
this subsection is ongoing, 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 containing a
list of the recipients of the grants, including a
summary of--
(i) how the recipients used the funds; and
(ii) the recipients that have become
vendors, as described in paragraph (3)(A), if
applicable.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal year
2026, to remain available through fiscal year 2031.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Committee on Small Business and Entrepreneurship. Hearings held.
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