II 111th CONGRESS 2d Session S. 3123 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.
1.
Short title
This Act may be cited as the Growing Farm to School Programs Act of 2010.
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).
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.