II 109th CONGRESS 1st Session S. 1885 IN THE SENATE OF THE UNITED STATES October 18, 2005 Mr. Lautenberg (for himself, Mrs. Dole, Mrs. Lincoln, Mr. Smith, Mr. Durbin, Mr. Martinez, Mr. Levin, Mr. Corzine, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To encourage the effective use of community resources to combat hunger and the root causes of hunger by creating opportunity through food recovery and job training.

1.

Short title

This Act may be cited as the Food Employment Empowerment and Development Program Act of 2005.

2.

Definitions

In this Act: (1)

Eligible entity

The term eligible entity means an entity that meets the requirements of section (3)(b). (2)

Secretary

The term Secretary means the Secretary of Agriculture. (3)

Vulnerable subpopulation

(A)

In general

The term vulnerable subpopulation means low-income individuals, unemployed individuals, and other subpopulations identified by the Secretary as being likely to experience special risks from hunger or a special need for job training. (B)

Inclusions

The term vulnerable subpopulation includes— (i)addicts (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (ii)at-risk youths (as defined in section 1432 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6472)); (iii)individuals that are basic skills deficient (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); (iv)homeless individuals (as defined in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)); (v)homeless youths (as defined in section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a)); (vi)individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); (vii)low-income individuals (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); and (viii)older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)).

3.

Food employment empowerment and development program

(a)

Establishment

The Secretary shall establish a food employment empowerment and development program under which the Secretary shall make grants to eligible entities to encourage the effective use of community resources to combat hunger and the root causes of hunger by creating opportunity through food recovery and job training. (b)

Eligible Entities

To be eligible to receive a grant under this section, an entity shall be a public agency, or private nonprofit institution, that conducts, or will conduct, 2 or more of the following activities as an integral part of the normal operation of the entity: (1)Recovery of donated food from area restaurants, caterers, hotels, cafeterias, farms, or other food service businesses. (2)Distribution of meals or recovered food to— (A)nonprofit organizations described in section 501(c)(3) of the Internal Revenue Code of 1986; (B)entities that feed vulnerable subpopulations; and (C)other agencies considered appropriate by the Secretary. (3)Training of unemployed and underemployed adults for careers in the food service industry. (4)Carrying out of a welfare-to-work job training program in combination with— (A)production of school meals, such as school meals served under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or (B)support for after-school programs, such as programs conducted by community learning centers (as defined in section 4201(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171(b))). (c)

Use of funds

An eligible entity may use a grant awarded under this section for— (1)capital investments related to the operation of the eligible entity; (2)support services for clients, including staff, of the eligible entity and individuals enrolled in job training programs; (3)purchase of equipment and supplies related to the operation of the eligible entity or that improve or directly affect service delivery; (4)building and kitchen renovations that improve or directly affect service delivery; (5)educational material and services; (6)administrative costs, in accordance with guidelines established by the Secretary; and (7)additional activities determined appropriate by the Secretary. (d)

Preferences

In awarding grants under this section, the Secretary shall give preference to eligible entities that perform, or will perform, any of the following activities: (1)Carrying out food recovery programs that are integrated with— (A)culinary worker training programs, such as programs conducted by a food service management institute under section 21 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b–1); (B)school education programs; or (C)programs of service-learning (as defined in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511)). (2)Providing job skills training, life skills training, and case management support to vulnerable subpopulations. (3)Integrating recovery and distribution of food with a job training program. (4)Maximizing the use of an established school, community, or private food service facility or resource in meal preparation and culinary skills training. (5)Providing job skills training, life skills training, and case management support to vulnerable subpopulations. (e)

Eligibility for Job Training

To be eligible to receive job training assistance from an eligible entity using a grant made available under this section, an individual shall be a member of a vulnerable subpopulation. (f)

Performance Indicators

The Secretary shall establish, for each year of the program, performance indicators and expected levels of performance for meal and food distribution and job training for eligible entities to continue to receive and use grants under this section. (g)

Technical Assistance

(1)

In general

The Secretary shall provide technical assistance to eligible entities that receive grants under this section to assist the eligible entities in carrying out programs under this section using the grants. (2)

Form

Technical assistance for a program provided under this subsection includes— (A)maintenance of a website, newsletters, email communications, and other tools to promote shared communications, expertise, and best practices; (B)hosting of an annual meeting or other forums to provide education and outreach to all programs participants; (C)collection of data for each program to ensure that the performance indicators and purposes of the program are met or exceeded; (D)intervention (if necessary) to assist an eligible entity to carry out the program in a manner that meets or exceeds the performance indicators and purposes of the program; (E)consultation and assistance to an eligible entity to assist the eligible entity in providing the best services practicable to the community served by the eligible entity, including consultation and assistance related to— (i)strategic plans; (ii)board development; (iii)fund development; (iv)mission development; and (v)other activities considered appropriate by the Secretary; (F)assistance considered appropriate by the Secretary regarding— (i)the status of program participants; (ii)the demographic characteristics of program participants that affect program services; (iii)any new idea that could be integrated into the program; and (iv)the review of grant proposals; and (G)any other forms of technical assistance the Secretary considers appropriate. (h)

Relationship to Other Law

(1)

Bill emerson good samaritan food donation act

An action taken by an eligible entity using a grant provided under this section shall be covered by the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). (2)

Food handling guidelines

In using a grant provided under this section, an eligible entity shall comply with any applicable food handling guideline established by a State or local authority. (3)

Inspections

An eligible entity using a grant provided under this section shall be exempt from inspection under sections 303.1(d)(2)(iii) and 381.10(d)(2)(iii) of volume 9, Code of Federal Regulations (or a successor regulation), if the eligible entity— (A)has a hazard analysis and critical control point (HACCP) plan; (B)has a sanitation standard operating procedure (SSOP); and (C)otherwise complies with the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). (i)

Maximum Amount of Grant

The amount of a grant provided to an eligible entity for a fiscal year under this section shall not exceed $200,000. (j)

Authorization of Appropriations

(1)

In general

There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2006 through 2011. (2)

Technical assistance

Of the amount of funds that are made available for a fiscal year under paragraph (1), the Secretary shall use to provide technical assistance under subsection (g) not more than the greater of— (A)5 percent of the amount of funds that are made available for the fiscal year under paragraph (1); or (B)$1,000,000.