II 110th CONGRESS 1st Session S. 1031 IN THE SENATE OF THE UNITED STATES March 29, 2007 Mrs. Clinton introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Farm Security and Rural Investment Act of 2002 to provide coordination and direction for commodity programs, and to ensure the distribution of fresh fruits and vegetables to schools and service institutions in the United States.

1.

Short title

This Act may be cited as the School Food Fresh Act of 2007.

2.

Definitions

In this Act: (1)

Commodity program

The term commodity program means any of— (A)the commodity supplemental food program established under section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86); (B)the food distribution program on Indian reservations established under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)); (C)the emergency food assistance program established under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.) and section 27 of the Food Stamp Act of 1977 (7 U.S.C. 2036); (D)the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (E)the summer food service program for children established under section 13 of that Act (42 U.S.C. 1761); (F)the child and adult care food program established under section 17 of that Act (42 U.S.C. 1766); and (G)the school breakfast program established under section 4 of that Act (42 U.S.C. 1773). (2)

Department

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

Secretary

The term Secretary means the Secretary of Agriculture. (4)

Task Force

The term Task Force means the multiagency task force established under section 3(a).

3.

Multiagency Task Force

(a)

In general

The Secretary shall establish, in the office of the Under Secretary for Food, Nutrition, and Consumer Services, a multiagency task force for the purpose of providing coordination and direction for commodity programs. (b)

Composition

The Task Force shall be composed of at least 4 members, including— (1)a representative from the Food Distribution Division of the Food and Nutrition Service, who shall— (A)be appointed by the Under Secretary for Food, Nutrition, and Consumer Services; and (B)serve as Chairperson of the Task Force; (2)at least 1 representative from the Agricultural Marketing Service, who shall be appointed by the Under Secretary for Marketing and Regulatory Programs; (3)at least 1 representative from the Farm Services Agency, who shall be appointed by the Under Secretary for Farm and Foreign Agricultural Services; and (4)at least 1 representative from the Food Safety and Inspection Service, who shall be appointed by the Under Secretary for Food Safety. (c)

Duties

(1)

In general

The Task Force shall be responsible for evaluation and monitoring of the commodity programs to ensure that the commodity programs meet the mission of the Department— (A)to support the United States farm sector; (B)to comply 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); and (C)to contribute to the health and well-being of individuals in the United States through the distribution of domestic agricultural products through commodity programs. (2)

Specific duties

In carrying out paragraph (1), the Task Force shall— (A)review and make recommendations regarding the specifications used for the procurement of food commodities, taking into consideration recommendations based on the results of evaluations carried out using grants made available under section 4; (B)review and make recommendations regarding the effective distribution of food commodities; (C)review and make recommendations regarding efficient and effective systems to ensure the best use of Federal funds to maximize the quantity and quality of foods purchased for recipient agencies and the best use of those purchased foods by recipient agencies; and (D)on the request of the Secretary, review and make recommendations regarding future updates of the Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). (d)

Report

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes, for the period covered by the report— (1)the findings and recommendations of the Task Force; and (2)policies implemented for the betterment of commodity programs.

4.

Grants for specification development

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall provide 5 competitive grants to nonprofit research institutions (including research universities) selected by the Secretary for use in evaluating the product specifications of food commodity products procured through commodity programs to determine— (1)the consistency of those specifications with the nutritional goals of the commodity program; (2)the acceptability of the products procured under the specifications by recipient agencies and consumers; and (3)the extent to which food commodities purchased through commodity programs are comparable to any commercial counterparts to those commodities. (b)

Types of grants

Of the 5 grants provided under subsection (a), a grant shall be provided for the evaluation and recommendation of product specifications for each of the categories of— (1)fruits and vegetables; (2)meat; (3)poultry; (4)grains, nuts, and oils; and (5)dairy products. (c)

Report

Not later than 18 months after the date on which the Secretary provides a grant under this section, the recipient of the grant shall submit to the Secretary and the Task Force a report that— (1)describes the results of evaluations carried out using funds from the grant; and (2)includes recommendations based on those results. (d)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $2,500,000.

5.

USDA school food fresh program

Section 10603 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c–4) is amended to read as follows:

10603.

Purchase of specialty crops

(a)

Definitions

In this section: (1)

Fruits, vegetables, other specialty food crops

The terms fruits, vegetables, and other specialty food crops shall have the meaning given the terms by the Secretary of Agriculture. (2)

Secretary

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

Service institution

The term service institution has the meaning given the term in section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)). (b)

Purchase authority

Of the funds made available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for fiscal year 2008 and each subsequent fiscal year, the Secretary shall use not less than $200,000,000 each fiscal year to purchase fruits, vegetables, and other specialty food crops. (c)

USDA school food fresh program

(1)

Definition of eligible product

In this subsection, the term eligible product means a fruit or vegetable item that— (A)is offered by a vendor approved by the Secretary under paragraph (4); (B)is fresh, dried, or frozen in a manner that maximizes retention of nutrient density; and (C)to the maximum extent practicable, reflects local preferences and supports local agriculture. (2)

Agreements

The Secretary, acting through such regional procurement offices of the Department of Agriculture as the Secretary determines to be appropriate, shall carry out a program under which the Secretary shall enter into agreements with local and regional distributors to supply eligible products to schools and service institutions. (3)

Funds

Eligible products supplied under an agreement described in paragraph (2) shall be purchased by schools and service institutions using funds that are allocated to the schools or service institutions for the purpose of— (A)purchasing fruits and vegetables; or (B)providing nutritious meals. (4)

Vendors

(A)

In general

A local or regional distributor of eligible products that seeks to supply eligible products to schools and service institutions under this subsection shall apply to the Secretary for approval as a participating vendor. (B)

Conditions for approval

The Secretary shall approve a vendor as eligible to supply eligible products under this subsection if the vendor— (i)demonstrates the ability to supply those eligible products; (ii)complies with standards for food safety developed by the Secretary; (iii)consistently provides products that meet standards of grade, size, freshness, and quality as required by the Secretary or a local procurement officer; and (iv)demonstrates the ability to supply eligible products from local growers and processors. (C)

Monitoring

(i)

In general

The Secretary shall develop and implement a system for monitoring vendors approved under this paragraph. (ii)

Certification

A monitoring system under clause (i) may include a requirement to obtain certification— (I)in accordance with a program designed by the Secretary; and (II)for which the Secretary may require compensation. (5)

Funding

(A)

In general

Of the amount specified in subsection (b), the Secretary shall use not less than $50,000,000 each fiscal year for the purchase of eligible products for distribution to schools and service institutions in accordance with section 6(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(a)). (B)

Additional available funds

A school or service institution that uses an agreement described in paragraph (2) to purchase eligible products may allocate up to 30 percent of the funds of the school or service institution authorized under section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755), and such additional funds as are necessary from funds allocated to the school or service institution under sections 4 and 11 of that Act (42 U.S.C. 1753, 1759a), for the purpose of procuring eligible products through vendors approved by the Secretary under paragraph (4). (C)

Authorization of appropriations for administrative expenses

There are authorized to be appropriated such sums as are necessary to pay administrative costs incurred in carrying out this subsection.

.

6.

Use of commodity entitlement funds

(a)

In general

The Secretary shall, to the maximum extent practicable, purchase for commodity programs foods that are in the least-processed state. (b)

Processing of foods

The Secretary, upon the approval of national processing agreements, shall make available to all schools and other recipient agencies the opportunity to divert unprocessed or minimally-processed commodity foods to subsequent processors for conversion into usable end products.