[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3144 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3144

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2010

Mrs. Boxer (for herself and Mrs. Hagan) 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 improve 
 the health and well-being of school children, and for other purposes.

    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 ``Healthy Food in Schools Act of 
2010''.

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--
            (1) promoting the use of salad bars or fruit and vegetable 
        bars as a strategy to increase the fruit and vegetable 
        consumption of children;
            (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;
            (3) implementing effective training and technical 
        assistance emphasizing best practices that--
                    (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); 
                and
                    (B) increase the availability and consumption of 
                fruits and vegetables in school meals;
            (4) purchasing cafeteria equipment specifically intended--
                    (A) to increase access to fruits and vegetables;
                    (B) to improve the quality of school food service 
                meals; and
                    (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); and
            (5) improving the quality of school meals.

SEC. 3. DEFINITION.

    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture.

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--
            (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.--'';
            (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); and
            (4) by adding at the end the following:
    ``(k) Establishing Salad Bars and Fruit and Vegetable Bars.--
            ``(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').
            ``(2) Training and technical assistance.--
                    ``(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.
                    ``(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.
            ``(3) Infrastructure investment.--
                    ``(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.
                    ``(B) Allocation to state educational agencies.--
                            ``(i) In general.--The Secretary shall 
                        allocate funds to each State educational agency 
                        in accordance with a formula developed by the 
                        Secretary.
                            ``(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.
                    ``(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.
                    ``(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--
                            ``(i) to use the grant funds to award 
                        schools in the State educational agency a 1-
                        time payment equal to the lesser of--
                                    ``(I) the anticipated cost of 
                                setting up and operating a salad bar or 
                                fruit and vegetable bar; and
                                    ``(II) $7,500; and
                            ``(ii) to impose appropriate auditing and 
                        reporting requirements and such other 
                        procedures as the Secretary may require to 
                        ensure that--
                                    ``(I) schools receiving a grant 
                                under this subsection properly use the 
                                funds; and
                                    ``(II) the agency recovers any 
                                unused funds.
            ``(4) Evaluation and report.--
                    ``(A) In general.--Not later than 18 months after 
                the implementation of the plan, the Secretary shall 
                submit a report to--
                            ``(i) the Committee on Appropriations and 
                        the Committee on Agriculture, Nutrition, and 
                        Forestry, of the Senate; and
                            ``(ii) the Committee on Education and 
                        Labor, the Committee on Agriculture, and the 
                        Committee on Appropriations, of the House of 
                        Representatives.
                    ``(B) Contents.--The report submitted under 
                subparagraph (A) shall include a description of--
                            ``(i) the manner in which the plan has been 
                        implemented; and
                            ``(ii) the number of schools that have new 
                        salad bars or fruit and vegetable bars as a 
                        result of the plan.
            ``(5) Funding.--
                    ``(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.
                    ``(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.''.

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.   
    (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.
    (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).

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:
                    ``(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--
                            ``(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; and
                            ``(ii) providing technical assistance.''.

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.

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.).
    (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).
    (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.).
    (d) Allocation Formula.--
            (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)).
            (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.
    (e) Applications.--
            (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.
            (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.
    (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.).
    (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.

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.
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