[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3129 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3129

     To amend the Richard B. Russell National School Lunch Act to 
    reauthorize the farm to school program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2023

Mr. Brown (for himself and Ms. Collins) 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 
    reauthorize the farm to school program, 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 ``Farm to School Act of 2023''.

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

    Section 18(g) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769(g)) is amended--
            (1) in the subsection heading, by striking ``Program'' and 
        inserting ``Program.'';
            (2) in paragraph (1)--
                    (A) by striking the paragraph designation and 
                heading and all that follows through ``means'' and 
                inserting the following:
            ``(1) Definitions.--In this subsection:
                    ``(A) Agricultural producer.--The term 
                `agricultural producer' means a farmer, rancher, or 
                fisher (including of farm-raised fish).
                    ``(B) Eligible institution.--The term `eligible 
                institution' means''; and
                    (B) by adding at the end the following:
                    ``(C) Farm to school program.--The term `farm to 
                school program' means a program that--
                            ``(i) benefits an eligible institution, as 
                        determined by the Secretary; and
                            ``(ii) carries out--
                                    ``(I) planting and maintenance of 
                                farms or gardens;
                                    ``(II) procurement from local 
                                agricultural producers; or
                                    ``(III) educational activities 
                                relating to agriculture, nutrition, or 
                                food.'';
            (3) in paragraph (2)--
                    (A) by striking ``schools'' each place it appears 
                and inserting ``institutions'';
                    (B) by inserting ``land-grant colleges and 
                universities,'' before ``and nonprofit''; and
                    (C) by striking ``grants and technical assistance'' 
                and inserting ``grants, technical assistance, research, 
                and evaluation'';
            (4) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) in clause (i), by inserting ``and 
                        technical assistance'' after ``training'';
                            (ii) by redesignating clauses (vi) and 
                        (vii) as clauses (vii) and (viii), 
                        respectively; and
                            (iii) by inserting after clause (v) the 
                        following:
                            ``(vi) implementing educational activities 
                        relating to agriculture, nutrition, or food;''; 
                        and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) Improved procurement and distribution.--
                            ``(i) In general.--In awarding grants under 
                        this subsection, the Secretary shall seek to 
                        improve local food procurement and distribution 
                        options for agricultural producers and eligible 
                        institutions.
                            ``(ii) Aggregation, processing, 
                        transportation, and distribution.--In advancing 
                        local food procurement options and other farm 
                        to school program objectives, the Secretary may 
                        provide funding for projects that include 
                        innovative approaches to aggregation, 
                        processing, transportation, and distribution.
                    ``(D) Awards.--
                            ``(i) Maximum amount.--The total amount 
                        provided to a grant recipient under this 
                        subsection shall not exceed $500,000.
                            ``(ii) Term.--The term of an award shall 
                        not exceed 3 years.
                            ``(iii) Purpose and scope.--In making 
                        awards under this subsection, the Secretary 
                        shall seek to make awards of diverse amounts 
                        and duration in order to best match the award 
                        to the purpose and scope of the project to be 
                        funded.
                    ``(E) Limitation.--The Secretary may not award a 
                grant under this subsection if the grant funds would be 
                used solely for the purpose of carrying out a 
                conference.'';
            (5) in paragraph (4)--
                    (A) in subparagraph (B), by inserting ``, Tribal,'' 
                after ``State''; and
                    (B) by adding at the end the following:
                    ``(C) Waiver or modification.--
                            ``(i) In general.--The Secretary may waive 
                        or modify the matching requirement under this 
                        paragraph if the Secretary determines that a 
                        waiver or modification is necessary to reduce 
                        barriers to applications for projects that meet 
                        1 or more of the criteria for receiving highest 
                        priority under paragraph (5).
                            ``(ii) Process.--The Secretary shall 
                        establish and make publicly available the 
                        process by which an applicant may request a 
                        waiver or modification under clause (i).
                    ``(D) Tribal agencies.--The Secretary may allow a 
                Tribal agency to use funds provided to the Indian Tribe 
                of the Tribal agency through a Federal agency 
                (including the Indian Health Service) or any other 
                Federal benefit to satisfy all or part of the non-
                Federal share described in subparagraph (A) if that use 
                is consistent with the purpose of the funds or other 
                Federal benefit provided.'';
            (6) in paragraph (5)--
                    (A) by redesignating subparagraphs (A) through (F) 
                and (G) as clauses (i) through (vi) and (ix), 
                respectively, and indenting the clauses appropriately;
                    (B) in the matter preceding clause (i) (as so 
                redesignated), by striking ``To the maximum extent 
                practicable'' and inserting the following:
                    ``(A) In general.--To the maximum extent 
                practicable'';
                    (C) in clause (i) (as so redesignated), by striking 
                ``school'' and inserting ``institution'';
                    (D) in clause (ii) (as so redesignated), by 
                striking ``lunches'' and inserting ``meals'';
                    (E) by striking clause (iii) (as so redesignated) 
                and inserting the following:
                            ``(iii)(I) incorporate experiential and 
                        traditional and culturally appropriate food, 
                        nutrition, or agricultural education activities 
                        in curriculum planning; and
                            ``(II) serve a high proportion of children 
                        from socially disadvantaged backgrounds;'';
                    (F) in clause (iv) (as so redesignated), by 
                striking ``eligible schools'' and all that follows 
                through ``partners'' and inserting ``eligible 
                institutions, State and local agencies, Tribal 
                organizations and agencies, agricultural producers or 
                groups of agricultural producers, land-grant colleges 
                and universities, and nonprofit entities'';
                    (G) in clause (vi) (as so redesignated), by 
                striking ``and'' at the end;
                    (H) by inserting after clause (vi) (as so 
                redesignated) the following:
                            ``(vii) expand the selection of local 
                        commodities for eligible institutions;
                            ``(viii) identify and address chronic diet-
                        related health issues of the children served by 
                        eligible institutions; and''; and
                    (I) by adding at the end the following:
                    ``(B) Tribal community projects.--To the maximum 
                extent practicable, in providing assistance under this 
                subsection for projects that serve Tribal communities, 
                the Secretary shall give the highest priority to 
                projects that incorporate products, including 
                traditional foods, from Tribal agricultural producers, 
                as determined by the Secretary.'';
            (7) in paragraph (7)--
                    (A) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively, and 
                indenting appropriately;
                    (B) by striking the paragraph designation and 
                heading and all that follows through ``nonprofit 
                entities--'' and inserting the following:
            ``(7) Technical assistance and research.--
                    ``(A) In general.--The Secretary shall provide 
                technical assistance, research, and information to 
                assist eligible institutions, State and local agencies, 
                Indian Tribal organizations, agricultural producers or 
                agricultural producer groups, and nonprofit entities--
                '';
                    (C) in subparagraph (A) (as so designated)--
                            (i) in clause (ii) (as so redesignated), by 
                        striking ``and'' at the end;
                            (ii) in clause (iii) (as so redesignated), 
                        by striking the period at the end and inserting 
                        ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) to increase awareness of, and 
                        participation in, farm to school programs among 
                        agricultural and aquaculture producers or 
                        agricultural producer groups, including 
                        beginning farmers and ranchers, veteran farmers 
                        and ranchers, and socially disadvantaged 
                        farmers and ranchers (as those terms are 
                        defined in section 2501(a) of the Food, 
                        Agriculture, Conservation, and Trade Act of 
                        1990 (7 U.S.C. 2279(a))).''; and
                    (D) by adding at the end the following:
                    ``(B) Review.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Farm to 
                        School Act of 2023 and every 3 years 
                        thereafter, the Secretary shall review and 
                        submit to the Committees on Agriculture and 
                        Education and the Workforce of the House of 
                        Representatives and the Committee on 
                        Agriculture, Nutrition, and Forestry of the 
                        Senate a report that describes the progress 
                        that has been made in identifying and 
                        eliminating regulatory and other barriers 
                        related to developing farm to school programs.
                            ``(ii) Requirements.--In preparing the 
                        report, the Secretary shall examine--
                                    ``(I) the direct and indirect 
                                regulatory compliance costs affecting 
                                the production and marketing of locally 
                                or regionally produced agricultural 
                                food products to school and early 
                                childhood food programs;
                                    ``(II) barriers to local and 
                                regional market access for small-scale 
                                production;
                                    ``(III) barriers to funding 
                                projects that meet the criteria 
                                described in paragraph (5)(A);
                                    ``(IV) barriers to local and 
                                regional market access for Tribal 
                                farmers and ranchers; and
                                    ``(V) barriers to funding Tribal 
                                projects under farm to school 
                                programs.'';
            (8) in paragraph (8)--
                    (A) in subparagraph (A), by striking ``$5,000,000'' 
                and inserting ``$15,000,000''; and
                    (B) by adding at the end the following:
                    ``(C) Administration.--Of the funds provided to the 
                Secretary under subparagraph (A), not more than 5 
                percent may be used to pay administrative costs 
                incurred by the Secretary in carrying out this 
                subsection.''; and
            (9) in paragraph (9), by striking ``2011 through 2015'' and 
        inserting ``2023 through 2028''.
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