110th CONGRESS
1st Session
S. 1031
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.
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.
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 `School Food Fresh Act of 2007'.
SEC. 2. DEFINITIONS.
(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).
SEC. 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.
(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.
SEC. 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;
(4) grains, nuts, and oils; and
(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.
SEC. 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:
`SEC. 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.
`(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.
`(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.
`(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.'.
SEC. 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.
END
