[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4379 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4379

 To amend the Richard B. Russell National School Lunch Act to require 
  the Secretary of Agriculture to make loan guarantees and grants to 
   finance certain improvements to school lunch facilities, to train 
         school food service personnel, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2021

     Mr. DeSaulnier (for himself and Mr. Thompson of Pennsylvania) 
 introduced the following bill; which was referred to the Committee on 
Education and Labor, and in addition to the Committees on Agriculture, 
 and Appropriations, 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 amend the Richard B. Russell National School Lunch Act to require 
  the Secretary of Agriculture to make loan guarantees and grants to 
   finance certain improvements to school lunch facilities, to train 
         school food service personnel, 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 ``School Food Modernization Act''.

SEC. 2. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO 
              SCHOOL LUNCH FACILITIES.

    The Richard B. Russell National School Lunch Act is amended by 
inserting after section 26 (42 U.S.C. 1769g) the following:

``SEC. 27. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS 
              TO SCHOOL LUNCH FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Durable equipment.--The term `durable equipment' 
        means durable food preparation, handling, cooking, serving, and 
        storage equipment greater than $500 in value.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency or a school food 
                authority administering or operating a school meal 
                program;
                    ``(B) a tribal organization; or
                    ``(C) a consortium that includes a local 
                educational agency or school food authority described 
                in subparagraph (A), a tribal organization, or both.
            ``(3) Infrastructure.--The term `infrastructure' means a 
        food storage facility, kitchen, food service facility, 
        cafeteria, dining room, or food preparation facility.
            ``(4) Local educational agency.--The term `local 
        educational agency' has the meaning given the term in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            ``(5) School food authority.--The term `school food 
        authority' has the meaning given the term in section 210.2 of 
        title 7, Code of Federal Regulations (or any successor 
        regulation).
            ``(6) Tribal organization.--The term `tribal organization' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
    ``(b) Loan Guarantees for Assistance to Schools for Infrastructure 
Improvements and Durable Equipment Necessary To Provide Healthy Meals 
Through School Meal Programs.--
            ``(1) Authority to guarantee loans.--The Secretary shall 
        issue a loan guarantee to an eligible lender for purposes of 
        financing the construction, remodeling, or expansion of 
        infrastructure or the purchase of durable equipment that the 
        Secretary determines will assist the eligible entity in 
        providing healthy meals through a school meal program 
        authorized under this Act.
            ``(2) Preferences.--In issuing a loan guarantee under this 
        subsection, the Secretary shall give a preference to an 
        eligible entity that, as compared with other eligible entities 
        seeking a loan guarantee under this subsection, the Secretary 
        determines demonstrates substantial or disproportionate--
                    ``(A) need for infrastructure improvement; or
                    ``(B) durable equipment need or impairment.
            ``(3) Oversight.--The Secretary, acting through the Under 
        Secretary for Rural Development, shall establish procedures to 
        oversee any project or purchase for which a loan guarantee is 
        issued under this subsection.
            ``(4) Guarantee amount.--A loan guarantee issued under this 
        subsection may not guarantee more than 80 percent of the 
        principal amount of the loan.
            ``(5) Fees and costs.--
                    ``(A) In general.--The Secretary shall establish 
                fees for loan guarantees under this subsection that 
                are, to the maximum extent practicable, equal to all 
                costs of the loan guarantees as determined under the 
                Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
                seq.), as determined by the Secretary.
                    ``(B) Fee shortfall.--To the extent that the 
                Secretary determines that fees described in 
                subparagraph (A) are not sufficient to pay for all of 
                the costs for the loan guarantees pursuant to the 
                Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
                seq.), the Secretary may use funds described in 
                paragraph (6) to pay for the costs of loan guarantees 
                not paid for by the fees.
            ``(6) Funding.--
                    ``(A) In general.--To provide loan guarantees under 
                this subsection, the Secretary shall reserve 
                $300,000,000 of the loan guarantee authority remaining 
                and unobligated as of the date of enactment of the 
                School Food Modernization Act under the program of 
                community facility guaranteed loans under section 
                306(a) of the Consolidated Farm and Rural Development 
                Act (7 U.S.C. 1926(a)).
                    ``(B) Technical assistance.--The Secretary may use 
                not more than 5 percent of the amount made available to 
                carry out this subsection for each fiscal year to 
                provide technical assistance to applicants and 
                prospective applicants in preparing applications and 
                creating financing packages that leverage a mix of 
                public and private funding sources.
    ``(c) Equipment Grants.--
            ``(1) Authority to make grants.--Beginning in fiscal year 
        2022 and subject to the availability of appropriations, provide 
        grants to State agencies for competitive subgrants to local 
        educational agencies and schools (tribes) to purchase the 
        equipment needed to serve healthy meals, improve food safety, 
        and to help support the establishment, maintenance and 
        expansion of the school.
            ``(2) Preferences.--In issuing a grant under this 
        subsection, the State agency shall give a preference to an 
        eligible entity that, as compared with other eligible entities 
        seeking a loan guarantee under this subsection, the State 
        agency determines demonstrates substantial or 
        disproportionate--
                    ``(A) need for infrastructure improvement; or
                    ``(B) durable equipment need or impairment.
            ``(3) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated $35,000,000 as may be necessary to carry 
                out this subsection for each of fiscal years 2022 
                through 2027.
                    ``(B) Technical assistance.--The Secretary may use 
                not more than 5 percent of the amount made available to 
                carry out this subsection for each fiscal year to 
                provide technical assistance to applicants and 
                prospective applicants in preparing applications and 
                creating financing packages that leverage a mix of 
                public and private funding sources.''.

SEC. 3. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE 
              PERSONNEL.

    The Richard B. Russell National School Lunch Act is amended by 
inserting after section 21 (42 U.S.C. 1769b-1) the following:

``SEC. 21A. 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 food service personnel to meet or 
exceed nutrition standards under section 4(b)(3) and improve efficacy 
and efficiency of the school lunch program under this Act and the 
school breakfast program established by section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773).
    ``(b) Eligible Third-Party Institutions Defined.--For purposes of 
this section, the term `eligible third-party institution' means--
            ``(1) a nonprofit organization with demonstrated experience 
        in food or nutrition services training and technical 
        assistance;
            ``(2) an institution of higher education as defined in 
        section 102 of the Higher Education Act of 1965 (20 U.S.C. 
        1002);
            ``(3) an area career and technical education school as 
        defined in section 3 of the Carl D. Perkins Career and 
        Technical Education Act of 2006 (20 U.S.C. 2302); or
            ``(4) a consortium of entities described in paragraphs (1), 
        (2), and (3).
    ``(c) Criteria for Eligible Third-Party Institutions.--The 
Secretary shall establish specific criteria that eligible third-party 
training institutions shall meet to qualify to receive grants under 
this section, which shall include--
            ``(1) a demonstrated capacity to administer effective 
        training and technical assistance programming to school food 
        service 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); and
            ``(4) the ability to deliver effective and cost-efficient 
        training and technical assistance programming to school food 
        service personnel--
                    ``(A) at training sites that are located within a 
                proximate geographic distance to schools, central 
                kitchens, or other worksites; or
                    ``(B) through an online training and assistance 
                program on topics that do not require in-person 
                attendance.
    ``(d) 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 to 
the maximum extent practicable.
    ``(e) 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 80 percent of the total cost of 
        the 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.
    ``(f) Oversight.--The Secretary shall establish procedures to 
enable the Secretary--
            ``(1) to oversee the administration and operation of 
        training and technical assistance funded through grants awarded 
        under this section; and
            ``(2) to ensure that the training and assistance is 
        operated consistent with the goals and requirements of this 
        Act.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $10,000,000 to carry out this section for each of fiscal years 
        2022 through 2027.
            ``(2) Technical assistance.--The Secretary may use not more 
        than 5 percent of the amount made available to carry out this 
        section for each fiscal year to provide technical assistance to 
        applicants and prospective applicants in preparing applications 
        and creating financing packages that leverage a mix of public 
        and private funding sources.''.

SEC. 4. REPORT TO CONGRESS.

    Not later than 1 year after funds are made available to carry out 
sections 21A and 27 of the Richard B. Russell National School Lunch Act 
(as added by this Act), and annually thereafter, the Secretary of 
Agriculture shall submit to Congress a report on the progress of the 
Secretary in implementing such sections.

SEC. 5. STUDY AND REPORT TO CONGRESS ON THE USE OF STATE ADMINISTRATIVE 
              EXPENSE FUNDS.

    (a) Study.--The Secretary of Agriculture shall conduct a study on--
            (1) the use of State administrative expense funds by State 
        agencies;
            (2) innovative, effective, replicable, model policies, 
        practices, and training methods that may be implemented using 
        State administrative expense funds;
            (3) factors that interfere with the ability of State 
        agencies to use State administrative expense funds effectively; 
        and
            (4) how State administrative expense funds may be used to 
        encourage the implementation of effective and consistent school 
        nutrition workforce training, with particular emphasis on 
        training and technical assistance to improve the implementation 
        of nutrition standards for all foods sold in schools 
        including--
                    (A) nutrition standards for foods sold in schools 
                other than foods provided under the Child Nutrition Act 
                of 1966 and the Richard B. Russell National School 
                Lunch Act;
                    (B) local school wellness policies;
                    (C) professional standards for school nutrition 
                professionals; and
                    (D) other school food service practices, standards, 
                and operational requirements as the Secretary may 
                identify as requiring additional assistance.
    (b) Development and Use of Assessment Tool.--
            (1) In general.--The Secretary of Agriculture shall develop 
        an assessment tool for the purpose of carrying out the study 
        under subsection (a). Such tool shall include a general 
        methodology for evaluating effectiveness of State agencies in 
        providing training and technical assistance using State 
        administrative expense funds.
            (2) Coordination with other entities.--In developing the 
        assessment tool under paragraph (1), the Secretary shall 
        consider public research, stakeholder input, and direct 
        feedback from school nutrition personnel.
    (c) Report to Congress.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall prepare and submit to the 
Committee on Agriculture, Nutrition, and Forestry of the Senate and the 
Committee on Education and Labor of the House of Representatives a 
report containing--
            (1) a summary of the study conducted under subsection (a);
            (2) any findings and recommendations resulting from such 
        study;
            (3) a plan for disseminating to State agencies best 
        practices on the use of State administrative expense funds for 
        training and technical assistance; and
            (4) recommendations, if any, for the ongoing monitoring and 
        improvement of training and technical assistance carried out by 
        State agencies using State administrative expense funds.
    (d) Definitions.--In this section:
            (1) State administrative expense funds.--The term ``State 
        administrative expense funds'' means the State administrative 
        expense funds described in part 235 of title 7, Code of Federal 
        Regulations (or any successor regulation).
            (2) State agency.--The term ``State agency'' has the 
        meaning given the term in section 235.2 of title 7, Code of 
        Federal Regulations (or any successor regulation).

SEC. 6. OFFSET.

    Of the unobligated balance available for administrative expenses of 
the Department of Education, $45,000,000 is rescinded.
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