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II
116TH CONGRESS
1ST SESSION
S. 1949
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 SENATE OF THE UNITED STATES
JUNE 24, 2019
Ms. COLLINS (for herself and Ms. SMITH) 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 make
loan guarantees and grants to finance certain improve-
ments to school lunch facilities, to train school food
service personnel, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘School Food Mod-
4
ernization Act of 2019’’.
5
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•S 1949 IS
SEC. 2. LOAN GUARANTEES AND GRANTS TO FINANCE CER-
1
TAIN IMPROVEMENTS TO SCHOOL LUNCH FA-
2
CILITIES.
3
The Richard B. Russell National School Lunch Act
4
is amended by inserting after section 26 (42 U.S.C.
5
1769g) the following:
6
‘‘SEC. 27. LOAN GUARANTEES AND GRANTS TO FINANCE
7
CERTAIN
IMPROVEMENTS
TO
SCHOOL
8
LUNCH FACILITIES.
9
‘‘(a) DEFINITIONS.—In this section:
10
‘‘(1) DURABLE EQUIPMENT.—The term ‘dura-
11
ble equipment’ means durable food preparation, han-
12
dling, cooking, serving, and storage equipment great-
13
er than $500 in value.
14
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
15
tity’ means—
16
‘‘(A) a local educational agency or a school
17
food authority administering or operating a
18
school meal program;
19
‘‘(B) a tribal organization; or
20
‘‘(C) a consortium that includes a local
21
educational agency or school food authority de-
22
scribed in subparagraph (A), a tribal organiza-
23
tion, or both.
24
‘‘(3) INFRASTRUCTURE.—The term ‘infrastruc-
25
ture’ means a food storage facility, kitchen, food
26
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•S 1949 IS
service facility, cafeteria, dining room, or food prepa-
1
ration facility.
2
‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term
3
‘local educational agency’ has the meaning given the
4
term in section 8101 of the Elementary and Sec-
5
ondary Education Act of 1965 (20 U.S.C. 7801).
6
‘‘(5) SCHOOL
FOOD
AUTHORITY.—The term
7
‘school food authority’ has the meaning given the
8
term in section 210.2 of title 7, Code of Federal
9
Regulations (or a successor regulation).
10
‘‘(6) TRIBAL ORGANIZATION.—The term ‘tribal
11
organization’ has the meaning given the term in sec-
12
tion 4 of the Indian Self-Determination and Edu-
13
cation Assistance Act (25 U.S.C. 5304).
14
‘‘(b) LOAN
GUARANTEES
FOR
ASSISTANCE
TO
15
SCHOOLS
FOR INFRASTRUCTURE IMPROVEMENTS
AND
16
DURABLE
EQUIPMENT
NECESSARY
TO
PROVIDE
17
HEALTHY
MEALS
THROUGH
SCHOOL
MEAL
PRO-
18
GRAMS.—
19
‘‘(1) IN GENERAL.—Subject to the availability
20
of appropriations provided in advance in an appro-
21
priations Act specifically for the purpose of carrying
22
out this subsection, the Secretary shall issue a loan
23
guarantee to an eligible entity for purposes of fi-
24
nancing the construction, remodeling, or expansion
25
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of infrastructure or the purchase of durable equip-
1
ment that will assist the eligible entity in providing
2
healthy meals through the school meal program
3
under this Act.
4
‘‘(2) PREFERENCES.—In issuing a loan guar-
5
antee under this subsection, the Secretary shall give
6
a preference to an eligible entity that, as compared
7
with other eligible entities seeking a loan guarantee
8
under this subsection, the Secretary determines
9
demonstrates substantial or disproportionate—
10
‘‘(A) need for infrastructure improvement;
11
or
12
‘‘(B) durable equipment need or impair-
13
ment.
14
‘‘(3)
OVERSIGHT.—The
Secretary,
acting
15
through the Under Secretary for Rural Develop-
16
ment, shall establish procedures to oversee any
17
project or purchase for which a loan guarantee is
18
issued under this subsection.
19
‘‘(4) GUARANTEE AMOUNT.—A loan guarantee
20
issued under this subsection may not guarantee
21
more than 80 percent of the principal amount of the
22
loan.
23
‘‘(5) FEES AND COSTS.—
24
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•S 1949 IS
‘‘(A) IN
GENERAL.—The Secretary shall
1
establish fees for loan guarantees under this
2
subsection that, to the maximum extent prac-
3
ticable, are equal to the total cost of the loan
4
guarantees (as defined in section 502(5) of the
5
Federal Credit Reform Act of 1990 (2 U.S.C.
6
661a(5))), as determined by the Secretary.
7
‘‘(B) FEE SHORTFALL.—If the fees estab-
8
lished under subparagraph (A) are not equal to
9
the total cost of the loan guarantees described
10
in that subparagraph, the Secretary may use
11
the funds made available under paragraph
12
(6)(A) to pay for the costs of loan guarantees
13
not covered by the fees.
14
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
15
‘‘(A) IN GENERAL.—There is authorized to
16
be appropriated to carry out this subsection
17
$5,000,000 for each of fiscal years 2020
18
through 2024.
19
‘‘(B) TECHNICAL ASSISTANCE.—The Sec-
20
retary may use not more than 5 percent of the
21
amount made available to carry out this sub-
22
section for each fiscal year to provide technical
23
assistance to applicants and prospective appli-
24
cants in preparing applications and creating fi-
25
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•S 1949 IS
nancing packages that leverage a mix of public
1
and private funding sources.
2
‘‘(c) EQUIPMENT GRANTS.—
3
‘‘(1) IN GENERAL.—Subject to the availability
4
of appropriations provided in advance in an appro-
5
priations Act specifically for the purpose of carrying
6
out this subsection, the Secretary shall award com-
7
petitive grants to State agencies to award subgrants
8
to eligible entities to purchase the durable equipment
9
needed to serve healthy meals, improve food safety,
10
and help support the establishment, maintenance, or
11
expansion of school meal programs.
12
‘‘(2) PREFERENCES.—In awarding a subgrant
13
under this subsection, the State agency shall give
14
preference to an eligible entity that, as compared
15
with other eligible entities seeking a subgrant under
16
this subsection, the State agency determines dem-
17
onstrates substantial or disproportionate—
18
‘‘(A) need for infrastructure improvement;
19
or
20
‘‘(B) durable equipment need or impair-
21
ment.
22
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
23
‘‘(A) IN GENERAL.—There are authorized
24
to be appropriated such sums as may be nec-
25
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•S 1949 IS
essary to carry out this subsection for each of
1
fiscal years 2020 through 2024.
2
‘‘(B) TECHNICAL ASSISTANCE.—The Sec-
3
retary may use not more than 5 percent of the
4
amount made available to carry out this sub-
5
section for each fiscal year to provide technical
6
assistance to applicants and prospective appli-
7
cants in preparing applications and creating fi-
8
nancing packages that leverage a mix of public
9
and private funding sources.’’.
10
SEC. 3. TRAINING AND TECHNICAL ASSISTANCE FOR
11
SCHOOL FOOD SERVICE PERSONNEL.
12
The Richard B. Russell National School Lunch Act
13
is amended by inserting after section 21 (42 U.S.C.
14
1769b–1) the following:
15
‘‘SEC. 21A. TRAINING AND TECHNICAL ASSISTANCE FOR
16
SCHOOL FOOD SERVICE PERSONNEL.
17
‘‘(a) IN GENERAL.—The Secretary shall carry out a
18
grant program under which the Secretary shall award
19
grants, on a competitive basis, to provide support to eligi-
20
ble third-party training institutions described in sub-
21
section (b) to develop and administer training and tech-
22
nical assistance for school food service personnel to meet
23
or exceed nutrition standards under section 4(b)(3) and
24
improve efficacy and efficiency of the school meal program
25
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•S 1949 IS
under this Act and the school breakfast program estab-
1
lished by section 4 of the Child Nutrition Act of 1966 (42
2
U.S.C. 1773).
3
‘‘(b) CRITERIA FOR ELIGIBLE THIRD-PARTY INSTI-
4
TUTIONS.—The Secretary shall establish specific criteria
5
that eligible third-party training institutions shall meet to
6
qualify to receive grants under this section, which shall
7
include—
8
‘‘(1) a demonstrated capacity to administer ef-
9
fective training and technical assistance program-
10
ming to school food service personnel;
11
‘‘(2) prior, successful experience in providing or
12
engaging in training and technical assistance pro-
13
gramming or applied research activities involving eli-
14
gible entities, school food service administrators, or
15
directors;
16
‘‘(3) prior, successful experience in developing
17
relevant educational training tools or course mate-
18
rials or curricula on topics addressing child and
19
school nutrition or the updated nutrition standards
20
under section 4(b)(3); and
21
‘‘(4) the ability to deliver effective and cost-effi-
22
cient training and technical assistance programming
23
to school food service personnel—
24
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•S 1949 IS
‘‘(A) at training sites that are located
1
within a proximate geographic distance to
2
schools, central kitchens, or other worksites; or
3
‘‘(B) through an online training and assist-
4
ance program on topics that do not require in-
5
person attendance.
6
‘‘(c) PROGRAM ASSISTANCE.—The Secretary shall as-
7
sist the institutions receiving grants under this section in
8
publicizing and disseminating training and other project
9
materials and online tools to the maximum extent prac-
10
ticable.
11
‘‘(d) FEDERAL SHARE.—
12
‘‘(1) IN GENERAL.—The Federal share of costs
13
for training and technical assistance funded through
14
a grant awarded under this section shall not exceed
15
80 percent of the total cost of the training and tech-
16
nical assistance.
17
‘‘(2) MATCHING.—As a condition of receiving a
18
grant under this section, the eligible third-party
19
training institution shall provide matching support
20
in the form of cash or in-kind contributions.
21
‘‘(e) OVERSIGHT.—The Secretary shall establish pro-
22
cedures to enable the Secretary—
23
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•S 1949 IS
‘‘(1) to oversee the administration and oper-
1
ation of training and technical assistance funded
2
through grants awarded under this section; and
3
‘‘(2) to ensure that the training and assistance
4
is operated consistent with the goals and require-
5
ments of this Act.
6
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
7
‘‘(1) IN GENERAL.—There are authorized to be
8
appropriated such sums as may be necessary to
9
carry out this section for each of fiscal years 2020
10
through 2024.
11
‘‘(2) TECHNICAL ASSISTANCE.—The Secretary
12
may use not more than 5 percent of the amount
13
made available to carry out this section for each fis-
14
cal year to provide technical assistance to applicants
15
and prospective applicants in preparing applications
16
and creating financing packages that leverage a mix
17
of public and private funding sources.’’.
18
SEC. 4. REPORT TO CONGRESS.
19
Not later than 1 year after funds are made available
20
to carry out the amendments made by this Act, and annu-
21
ally thereafter, the Secretary of Agriculture shall submit
22
to Congress a report on the progress of the Secretary in
23
implementing the amendments made by this Act.
24
Æ
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