[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 876 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 876
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
March 18, 2021
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 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 of
2021''.
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 a 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) In general.--Subject to the availability of
appropriations provided in advance in an appropriations Act
specifically for the purpose of carrying out this subsection,
the Secretary 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 will assist the eligible entity in providing
healthy meals through the school meal program 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, to
the maximum extent practicable, are equal to the total
cost of the loan guarantees (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5))), as determined by the Secretary.
``(B) Fee shortfall.--If the fees established under
subparagraph (A) are not equal to the total cost of the
loan guarantees described in that subparagraph, the
Secretary may use the funds made available under
paragraph (6)(A) to pay for the costs of loan
guarantees not covered by the fees.
``(6) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to carry out this subsection $5,000,000
for each of fiscal years 2022 through 2026.
``(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) In general.--Subject to the availability of
appropriations provided in advance in an appropriations Act
specifically for the purpose of carrying out this subsection,
the Secretary shall award competitive grants to State agencies
to award subgrants to eligible entities to purchase the durable
equipment needed to serve healthy meals, improve food safety,
and help support the establishment, maintenance, or expansion
of school meal programs.
``(2) Preferences.--In awarding a subgrant under this
subsection, the State agency shall give preference to an
eligible entity that, as compared with other eligible entities
seeking a subgrant 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 such sums as may be necessary to carry out
this subsection for each of fiscal years 2022 through
2026.
``(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 meal 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) 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.
``(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 to
the maximum extent practicable.
``(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 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.
``(e) 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.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section for
each of fiscal years 2022 through 2026.
``(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
the amendments made by this Act, and annually thereafter, the Secretary
of Agriculture shall submit to Congress a report on the progress of the
Secretary in implementing the amendments made by this Act.
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