[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3123 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3123

 To amend the Richard B. Russell National School Lunch Act to require 
the Secretary of Agriculture to carry out a program to assist eligible 
schools and nonprofit entities through grants and technical assistance 
to implement farm to school programs that improve access to local foods 
                          in eligible schools.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2010

   Mr. Leahy (for himself, Mr. Specter, Mr. Harkin, Mr. Bennet, Mrs. 
Shaheen, Mr. Casey, Ms. Klobuchar, Mrs. Gillibrand, Mr. Brown of Ohio, 
Mr. Udall of New Mexico, Mr. Durbin, Mrs. Murray, Mr. Schumer, and Mr. 
   Sanders) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Richard B. Russell National School Lunch Act to require 
the Secretary of Agriculture to carry out a program to assist eligible 
schools and nonprofit entities through grants and technical assistance 
to implement farm to school programs that improve access to local foods 
                          in eligible schools.

    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 ``Growing Farm to School Programs Act 
of 2010''.

SEC. 2. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.

    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended--
            (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively;
            (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:
    ``(g) Access to Local Foods: Farm to School Program.--
            ``(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).
            ``(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.
            ``(3) Grants.--
                    ``(A) In general.--The Secretary shall award 
                competitive grants under this subsection to be used 
                for--
                            ``(i) training;
                            ``(ii) supporting operations;
                            ``(iii) planning;
                            ``(iv) purchasing equipment;
                            ``(v) developing school gardens;
                            ``(vi) developing partnerships; and
                            ``(vii) implementing farm to school 
                        programs.
                    ``(B) Regional balance.--In making awards under 
                this subsection, the Secretary shall, to the maximum 
                extent practicable, ensure--
                            ``(i) geographical diversity; and
                            ``(ii) equitable treatment of urban, rural, 
                        and tribal communities.
                    ``(C) Maximum amount.--The total amount provided to 
                a grant recipient under this subsection shall not 
                exceed $100,000.
            ``(4) Federal share.--
                    ``(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.
                    ``(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.
            ``(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--
                    ``(A) benefit local small- and medium-sized farms;
                    ``(B) make local food products available on the 
                menu of the eligible school;
                    ``(C) serve a high proportion of children who are 
                eligible for free or reduced price lunches;
                    ``(D) incorporate experiential nutrition education 
                activities in curriculum planning that encourage the 
                participation of school children in farm and garden-
                based agricultural education activities;
                    ``(E) demonstrate collaboration between eligible 
                schools, nongovernmental and community-based 
                organizations, agricultural producer groups, and other 
                community partners;
                    ``(F) include adequate and participatory evaluation 
                plans;
                    ``(G) demonstrate the potential for long-term 
                program sustainability; and
                    ``(H) meet any other criteria that the Secretary 
                determines appropriate.
            ``(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.
            ``(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--
                    ``(A) to facilitate the coordination and sharing of 
                information and resources in the Department that may be 
                applicable to the farm to school program;
                    ``(B) to collect and share information on best 
                practices; and
                    ``(C) to disseminate research and data on existing 
                farm to school programs and the potential for programs 
                in underserved areas.
            ``(8) Funding.--
                    ``(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.
                    ``(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.
    ``(h) Pilot Program for High-Poverty Schools.--
            ``(1) In general.--''; and
            (3) in subsection (h) (as redesignated by paragraph (2))--
                    (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''; and
                    (B) by redesignating paragraph (4) as paragraph 
                (2).

SEC. 3. 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 House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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