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S 3144 ISCommentsClose CommentsPermalink

To amend the Richard B. Russell National School Lunch Act to improve the health and well-being of school children, and for other purposes.CommentsClose CommentsPermalink

March 18, 2010CommentsClose CommentsPermalink

Mrs. BOXER (for herself and Mrs. HAGAN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryCommentsClose CommentsPermalink

To amend the Richard B. Russell National School Lunch Act to improve the health and well-being of school children, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Healthy Food in Schools Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. PURPOSE.

The purpose of this Act is to establish a national strategy to improve the nutritional quality of meals served by schools participating in the national school lunch and breakfast programs by increasing access to and the consumption of fruits and vegetables by children enrolled in the schools through--CommentsClose CommentsPermalink





(1) promoting the use of salad bars or fruit and vegetable bars as a strategy to increase the fruit and vegetable consumption of children;CommentsClose CommentsPermalink





(2) expanding the quantity of fruits and vegetables purchased by the Secretary for use in school meals, emphasizing fruits and vegetables that are popular with students;CommentsClose CommentsPermalink





(3) implementing effective training and technical assistance emphasizing best practices that--CommentsClose CommentsPermalink





(A) improve the implementation of the fresh fruit and vegetable program under section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a); andCommentsClose CommentsPermalink





(B) increase the availability and consumption of fruits and vegetables in school meals;CommentsClose CommentsPermalink





(4) purchasing cafeteria equipment specifically intended--CommentsClose CommentsPermalink





(A) to increase access to fruits and vegetables;CommentsClose CommentsPermalink





(B) to improve the quality of school food service meals; andCommentsClose CommentsPermalink





(C) to meet 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); andCommentsClose CommentsPermalink





(5) improving the quality of school meals.CommentsClose CommentsPermalink

SEC. 3. DEFINITION.

In this Act, the term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink

SEC. 4. INCREASING ACCESS TO FRUITS AND VEGETABLES IN SCHOOL CAFETERIAS.

Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively;CommentsClose CommentsPermalink





(2) in subsection (g), by striking ‘(g) Access to Local Foods and School Gardens- ’ and all that follows through ‘(3) PILOT PROGRAM FOR HIGH-POVERTY SCHOOLS- ’ and inserting the following:CommentsClose CommentsPermalink





‘(g) Access to Local Foods: Farm to School Program-CommentsClose CommentsPermalink





‘(1) DEFINITION OF ELIGIBLE SCHOOL- In this subsection, the term ‘eligible school’ means a school or institution that participates in a program under this Act or the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).CommentsClose CommentsPermalink





‘(2) PROGRAM- The Secretary shall carry out a program to assist eligible schools, State and local agencies, Indian tribal organizations, agricultural producers or groups of agricultural producers, and nonprofit entities through grants and technical assistance to implement farm to school programs that improve access to local foods in eligible schools.CommentsClose CommentsPermalink





‘(3) GRANTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall award competitive grants under this subsection to be used for--CommentsClose CommentsPermalink





‘(i) training;CommentsClose CommentsPermalink





‘(ii) supporting operations;CommentsClose CommentsPermalink





‘(iii) planning;CommentsClose CommentsPermalink





‘(iv) purchasing equipment;CommentsClose CommentsPermalink





‘(v) developing school gardens;CommentsClose CommentsPermalink





‘(vi) developing partnerships; andCommentsClose CommentsPermalink





‘(vii) implementing farm to school programs.CommentsClose CommentsPermalink





‘(B) REGIONAL BALANCE- In making awards under this subsection, the Secretary shall, to the maximum extent practicable, ensure--CommentsClose CommentsPermalink





‘(i) geographical diversity; andCommentsClose CommentsPermalink





‘(ii) equitable treatment of urban, rural, and tribal communities.CommentsClose CommentsPermalink





‘(C) MAXIMUM AMOUNT- The total amount provided to a grant recipient under this subsection shall not exceed $100,000.CommentsClose CommentsPermalink





‘(4) FEDERAL SHARE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Federal share of costs for a project funded through a grant awarded under this subsection shall not exceed 75 percent of the total cost of the project.CommentsClose CommentsPermalink





‘(B) FEDERAL MATCHING- As a condition of receiving a grant under this subsection, a grant recipient shall provide matching support in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources.CommentsClose CommentsPermalink





‘(5) CRITERIA FOR SELECTION- To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall give the highest priority to funding projects that, as determined by the Secretary--CommentsClose CommentsPermalink





‘(A) benefit local small- and medium-sized farms;CommentsClose CommentsPermalink





‘(B) make local food products available on the menu of the eligible school;CommentsClose CommentsPermalink





‘(C) serve a high proportion of children who are eligible for free or reduced price lunches;CommentsClose CommentsPermalink





‘(D) incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm and garden-based agricultural education activities;CommentsClose CommentsPermalink





‘(E) demonstrate collaboration between eligible schools, nongovernmental and community-based organizations, agricultural producer groups, and other community partners;CommentsClose CommentsPermalink





‘(F) include adequate and participatory evaluation plans;CommentsClose CommentsPermalink





‘(G) demonstrate the potential for long-term program sustainability; andCommentsClose CommentsPermalink





‘(H) meet any other criteria that the Secretary determines appropriate.CommentsClose CommentsPermalink





‘(6) EVALUATION- As a condition of receiving a grant under this subsection, each grant recipient shall agree to cooperate in an evaluation by the Secretary of the program carried out using grant funds.CommentsClose CommentsPermalink





‘(7) TECHNICAL ASSISTANCE- The Secretary shall provide technical assistance and information to assist eligible schools, State and local agencies, Indian tribal organizations, and nonprofit entities--CommentsClose CommentsPermalink





‘(A) to facilitate the coordination and sharing of information and resources in the Department that may be applicable to the farm to school program;CommentsClose CommentsPermalink





‘(B) to collect and share information on best practices; andCommentsClose CommentsPermalink





‘(C) to disseminate research and data on existing farm to school programs and the potential for programs in underserved areas.CommentsClose CommentsPermalink





‘(8) FUNDING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $50,000,000, to remain available until expended.CommentsClose CommentsPermalink





‘(B) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.CommentsClose CommentsPermalink





‘(h) Pilot Program for High-Poverty Schools-CommentsClose CommentsPermalink





‘(1) IN GENERAL- ’;CommentsClose CommentsPermalink





(3) in subsection (h) (as redesignated by paragraph (2))--CommentsClose CommentsPermalink





(A) in subparagraph (F) of paragraph (1) (as so redesignated), by striking ‘in accordance with paragraph (1)(H)’ and inserting ‘carried out by the Secretary’; andCommentsClose CommentsPermalink





(B) by redesignating paragraph (4) as paragraph (2); andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(k) Establishing Salad Bars and Fruit and Vegetable Bars-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 90 days after the date of enactment of the Healthy Food in Schools Act of 2010, the Secretary shall carry out a plan to promote the use of salad bars or fruit and vegetable bars in schools participating in the school lunch program established under this Act (referred to in this subsection as ‘the plan’).CommentsClose CommentsPermalink





‘(2) TRAINING AND TECHNICAL ASSISTANCE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In carrying out the plan, the Secretary shall provide training and technical assistance to State educational agencies and schools on the best manner in which to offer salad bars or fruit and vegetable bars.CommentsClose CommentsPermalink





‘(B) COMPREHENSIVE GUIDANCE- In providing the training and technical assistance described in subparagraph (A), the Secretary may use relevant guidance provided in the publication of the Secretary entitled ‘Fruits and Vegetables Galore: Helping Kids Eat More’ and dated 2004.CommentsClose CommentsPermalink





‘(3) INFRASTRUCTURE INVESTMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In carrying out the plan, the Secretary shall develop a program to provide grants to State educational agencies to encourage schools to purchase equipment and modify facilities for the purpose of setting up and operating salad bars or fruit and vegetable bars.CommentsClose CommentsPermalink





‘(B) ALLOCATION TO STATE EDUCATIONAL AGENCIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall allocate funds to each State educational agency in accordance with a formula developed by the Secretary.CommentsClose CommentsPermalink





‘(ii) UNUSED FUNDS- The formula developed in accordance with clause (i) shall provide for the reallocation of unused funds after the end of each fiscal year.CommentsClose CommentsPermalink





‘(C) APPLICATION- To receive a grant under this subsection, a State educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink





‘(D) STATE EDUCATIONAL AGENCY REQUIRED USES OF FUNDS- As a condition on the receipt of a grant under this subsection, each State educational agency that receives a grant shall agree--CommentsClose CommentsPermalink





‘(i) to use the grant funds to award schools in the State educational agency a 1-time payment equal to the lesser of--CommentsClose CommentsPermalink





‘(I) the anticipated cost of setting up and operating a salad bar or fruit and vegetable bar; andCommentsClose CommentsPermalink





‘(II) $7,500; andCommentsClose CommentsPermalink





‘(ii) to impose appropriate auditing and reporting requirements and such other procedures as the Secretary may require to ensure that--CommentsClose CommentsPermalink





‘(I) schools receiving a grant under this subsection properly use the funds; andCommentsClose CommentsPermalink





‘(II) the agency recovers any unused funds.CommentsClose CommentsPermalink





‘(4) EVALUATION AND REPORT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 18 months after the implementation of the plan, the Secretary shall submit a report to--CommentsClose CommentsPermalink





‘(i) the Committee on Appropriations and the Committee on Agriculture, Nutrition, and Forestry, of the Senate; andCommentsClose CommentsPermalink





‘(ii) the Committee on Education and Labor, the Committee on Agriculture, and the Committee on Appropriations, of the House of Representatives.CommentsClose CommentsPermalink





‘(B) CONTENTS- The report submitted under subparagraph (A) shall include a description of--CommentsClose CommentsPermalink





‘(i) the manner in which the plan has been implemented; andCommentsClose CommentsPermalink





‘(ii) the number of schools that have new salad bars or fruit and vegetable bars as a result of the plan.CommentsClose CommentsPermalink





‘(5) FUNDING-CommentsClose CommentsPermalink





‘(A) MANDATORY FUNDING- On October 1, 2010, and October 1, 2011, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $10,000,000, to remain available until expended.CommentsClose CommentsPermalink





‘(B) AUTHORIZATION OF APPROPRIATIONS- In addition to the amounts provided under subparagraph (A), there are authorized to be appropriated to carry out this subsection such sums as are necessary, to remain available until expended.’.CommentsClose CommentsPermalink

SEC. 5. IDENTIFYING AND REMOVING BARRIERS TO THE PURCHASE OF PERISHABLE FRUITS AND VEGETABLES.

(a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out a plan to identify and remove barriers to the equitable purchase of fruits and vegetables in the procurement and distribution systems administered by the Secretary, acting through the Administrator of the Agricultural Marketing Service.CommentsClose CommentsPermalink





(b) Procurement and Distribution Systems Included- In developing the plan under subsection (a), the Secretary shall identify and remove barriers to the equitable purchase of fruits and vegetables at all levels of the procurement and distribution systems, including any barriers related to the initial surveys, bidding, transportation, handling, storage, and delivery to schools.CommentsClose CommentsPermalink





(c) Evaluation and Report- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report containing recommendations to reduce or eliminate the barriers identified under subsection (a).CommentsClose CommentsPermalink

SEC. 6. BEST PRACTICES TO IMPROVE EFFECTIVENESS OF FRESH FRUIT AND VEGETABLE PROGRAM.

Section 19(i)(6) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a(i)(6)) is amended by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) IN GENERAL- Of funds made available to carry out this section for a fiscal year, the Secretary may use not more than $500,000 for the administrative costs of carrying out the program, including--CommentsClose CommentsPermalink





‘(i) carrying out national and regional training conferences that emphasize sharing best practices, including conferences intended to increase access to fresh fruits and vegetables in other school meals programs; andCommentsClose CommentsPermalink





‘(ii) providing technical assistance.’.CommentsClose CommentsPermalink

SEC. 7. IMPROVING THE QUALITY OF SCHOOL MEALS.

Not later than October 20, 2011, the Secretary shall promulgate a final rule updating the nutrition standards and meal requirements for school meal programs in a manner consistent with the findings of the review conducted by the Institute of Medicine and published in the document entitled ‘School Meals: Building Blocks for Healthy Children’ and dated October 20, 2009.CommentsClose CommentsPermalink

SEC. 8. EQUIPMENT ASSISTANCE GRANTS.

(a) Definition of Equipment- In this section, the term ‘equipment’ means any equipment needed to prepare, process, and store food for the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).CommentsClose CommentsPermalink





(b) Grants- From the amounts made available under subsection (g), the Secretary shall provide funds to States in accordance with the allocation formula described in subsection (d).CommentsClose CommentsPermalink





(c) Purpose- As a condition on the receipt of funds, each State that receives funds under this section shall award grants on a competitive basis to school food authorities to assist with the purchase of equipment for schools participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).CommentsClose CommentsPermalink





(d) Allocation Formula-CommentsClose CommentsPermalink





(1) IN GENERAL- From the amounts made available under subsection (g), the Secretary shall allocate funds to States in a manner proportional with the administrative expense allocation of each State under section 7(a)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(2)).CommentsClose CommentsPermalink





(2) REALLOCATION- If a State does not receive funds under this subsection, the Secretary shall reallocate the funds that would have been allocated to that State to other States in such amounts as the Secretary determines appropriate.CommentsClose CommentsPermalink





(e) Applications-CommentsClose CommentsPermalink





(1) STATES- To be eligible to receive funding under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink





(2) SCHOOL FOOD AUTHORITIES- To be eligible to receive a grant described in subsection (c), a school food authority shall submit an application to the applicable State at such time, in such manner, and containing such information as the State may require, including assurances that the school food authority serves schools that have a need for equipment assistance.CommentsClose CommentsPermalink





(f) Priority- In awarding grants described in subsection (c), a State shall give priority to school food authorities that have jurisdiction over schools in which not less than 50 percent of the students are eligible for free or reduced price lunches under the school lunch program established under Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).CommentsClose CommentsPermalink





(g) Funding- On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $100,000,000, to remain available until expended.CommentsClose CommentsPermalink

SEC. 9. BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink