I 112th CONGRESS 2d Session H. R. 6481 IN THE HOUSE OF REPRESENTATIVES September 21, 2012 Mr. Latham (for himself and Mr. McIntyre) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Agriculture to issue loan guarantees for purposes of financing improvements to school lunch facilities, training school food service personnel, and for other purposes.

1.

Short title

This Act may be cited as the School Food Modernization Act.

2.

Definitions

In this Act: (1)

Durable equipment

The term durable equipment means durable food preparation, handling, cooking, and storage equipment. (2)

Eligible entity

The term eligible entity means— (A)a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); (B)a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); or (C)a consortium that includes a local educational agency referred to in subparagraph (A), a tribal organization referred to in subparagraph (B), or both. (3)

Infrastructure

The term infrastructure means a food storage facility, kitchen, food service facility, dining room, or food preparation facility. (4)

School food program

The term school food programs means— (A)the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and (B)the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (5)

Secretary

The term Secretary means the Secretary of Agriculture.

3.

Loan guarantee for assistance to schools for infrastructure improvements and durable equipment necessary to provide healthy meals through school food program

(a)

Authority To guarantee loans

The Secretary of Agriculture shall issue a loan guarantee to an eligible entity for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist such entity in providing healthy meals through the school food programs. (b)

Competitive basis

Subject to subsection (c), the Secretary shall select eligible entities to receive a loan guarantee under this section on a competitive basis. (c)

Preferences

In issuing a loan guarantee under this section, the Secretary shall give a preference to an eligible entity that the Secretary determines demonstrates substantial or disproportionate (as compared with another eligible entity seeking a loan guarantee under this section)— (1)infrastructure improvement need; or (2)durable equipment need or impairment. (d)

Oversight

The Secretary shall establish procedures to enable the Secretary to oversee the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment for which a loan guarantee is issued under this section. (e)

Guarantee amount

A loan guarantee issued under this section may not guarantee more than 90 percent of the principal amount of the loan. (f)

Use of Commodity Credit Corporation

The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.

4.

Training and technical assistance for school food service personnel

(a)

In general

The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school foodservice personnel to meet updated nutrition standards under section 4(b)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(3)) for the school food programs. (b)

Criteria for eligible third-Party institutions

The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to receive grants under this section, which shall include— (1)a demonstrated capacity to administer effective training and technical assistance programming to school foodservice personnel; (2)prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3)prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(3)); and (4)the ability to deliver effective and cost-efficient training and technical assistance programming to school foodservice personnel at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites. (c)

Program assistance

The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools wherever possible. (d)

Federal Share

(1)

In general

The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 90 percent of the total cost of such training and technical assistance. (2)

Matching

As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. (e)

Oversight

The Secretary shall establish procedures to enable the Secretary to— (1)oversee the operation training and technical assistance funded through grants awarded under this section; and (2)ensure that such training and assistance is operated consistent with the goals and requirements of this Act. (f)

Authorization of Appropriations

There are authorized to be appropriated to carry out this section, $10,000,000 for fiscal year 2014, and such sums as necessary are authorized for each fiscal year thereafter.

5.

Report to Congress

Not later than one year after funds are made available to carry out this Act, and annually thereafter, the Secretary shall submit to Congress a report on the Secretary’s progress in implementing the provisions of this Act.