Attachment A -IC authorizing Statute

Attachment A Section 243 HHFKA

124 STAT. 3236

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Federal Register,
publication.

PUBLIC LAW 111–296—DEC. 13, 2010

‘‘(B) EXCLUSION.—Any costs of nutrition education and
obesity prevention in excess of the grants authorized under
this section shall not be eligible for reimbursement under
section 16(a).
‘‘(e) IMPLEMENTATION.—Not later than January 1, 2012, the
Secretary shall publish in the Federal Register a description of
the requirements for the receipt of a grant under this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 4(a) of the Food and Nutrition Act of 2008
(7 U.S.C. 2013(a)) is amended in the first sentence by striking
‘‘and, through an approved State plan, nutrition education’’.
(2) Section 11 of the Food and Nutrition Act of 2008 (7
U.S.C. 2020) is amended by striking subsection (f).
SEC. 242. PROCUREMENT AND PROCESSING OF FOOD SERVICE PRODUCTS AND COMMODITIES.

Deadline.

Reports.

Section 9(a)(4) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(a)(4)) is amended by adding at the end the
following:
‘‘(C) PROCUREMENT AND PROCESSING OF FOOD SERVICE
PRODUCTS AND COMMODITIES.—The Secretary shall—
‘‘(i) identify, develop, and disseminate to State
departments of agriculture and education, school food
authorities, local educational agencies, and local processing entities, model product specifications and practices for foods offered in school nutrition programs
under this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) to ensure that the foods reflect
the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C.
5341);
‘‘(ii) not later than 1 year after the date of enactment of this subparagraph—
‘‘(I) carry out a study to analyze the quantity
and quality of nutritional information available
to school food authorities about food service products and commodities; and
‘‘(II) submit to Congress a report on the results
of the study that contains such legislative recommendations as the Secretary considers necessary to ensure that school food authorities have
access to the nutritional information needed for
menu planning and compliance assessments; and
‘‘(iii) to the maximum extent practicable, in purchasing and processing commodities for use in school
nutrition programs under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), purchase
the widest variety of healthful foods that reflect the
most recent Dietary Guidelines for Americans.’’.

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SEC. 243. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.

Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) is amended—
(1) by redesignating subsections (h) and (i) and subsection
(j) (as added by section 210) as subsections (i) through (k),
respectively;

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3237

(2) in subsection (g), by striking ‘‘(g) ACCESS TO LOCAL
FOODS AND SCHOOL GARDENS.—’’ and all that follows through
‘‘(3) PILOT PROGRAM FOR HIGH-POVERTY SCHOOLS.—’’ and
inserting the following:
‘‘(g) ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.—
‘‘(1) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection,
the term ‘eligible school’ means a school or institution that
participates in a program under this Act or the school breakfast
program established under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
‘‘(2) PROGRAM.—The Secretary shall carry out a program
to assist eligible schools, State and local agencies, Indian tribal
organizations, agricultural producers or groups of agricultural
producers, and nonprofit entities through grants and technical
assistance to implement farm to school programs that improve
access to local foods in eligible schools.
‘‘(3) GRANTS.—
‘‘(A) IN GENERAL.—The Secretary shall award competitive grants under this subsection to be used for—
‘‘(i) training;
‘‘(ii) supporting operations;
‘‘(iii) planning;
‘‘(iv) purchasing equipment;
‘‘(v) developing school gardens;
‘‘(vi) developing partnerships; and
‘‘(vii) implementing farm to school programs.
‘‘(B) REGIONAL BALANCE.—In making awards under
this subsection, the Secretary shall, to the maximum extent
practicable, ensure—
‘‘(i) geographical diversity; and
‘‘(ii) equitable treatment of urban, rural, and tribal
communities.
‘‘(C) MAXIMUM AMOUNT.—The total amount provided
to a grant recipient under this subsection shall not exceed
$100,000.
‘‘(4) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—The Federal share of costs for a
project funded through a grant awarded under this subsection shall not exceed 75 percent of the total cost of
the project.
‘‘(B) FEDERAL MATCHING.—As a condition of receiving
a grant under this subsection, a grant recipient shall provide matching support in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources.
‘‘(5) CRITERIA FOR SELECTION.—To the maximum extent
practicable, in providing assistance under this subsection, the
Secretary shall give the highest priority to funding projects
that, as determined by the Secretary—
‘‘(A) make local food products available on the menu
of the eligible school;
‘‘(B) serve a high proportion of children who are eligible
for free or reduced price lunches;

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124 STAT. 3238

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Effective dates.

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PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(C) incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm and garden-based agricultural education activities;
‘‘(D) demonstrate collaboration between eligible schools,
nongovernmental and community-based organizations,
agricultural producer groups, and other community partners;
‘‘(E) include adequate and participatory evaluation
plans;
‘‘(F) demonstrate the potential for long-term program
sustainability; and
‘‘(G) meet any other criteria that the Secretary determines appropriate.
‘‘(6) EVALUATION.—As a condition of receiving a grant under
this subsection, each grant recipient shall agree to cooperate
in an evaluation by the Secretary of the program carried out
using grant funds.
‘‘(7) TECHNICAL ASSISTANCE.—The Secretary shall provide
technical assistance and information to assist eligible schools,
State and local agencies, Indian tribal organizations, and nonprofit entities—
‘‘(A) to facilitate the coordination and sharing of
information and resources in the Department that may
be applicable to the farm to school program;
‘‘(B) to collect and share information on best practices;
and
‘‘(C) to disseminate research and data on existing farm
to school programs and the potential for programs in underserved areas.
‘‘(8) FUNDING.—
‘‘(A) IN GENERAL.—On October 1, 2012, and each
October 1 thereafter, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this subsection
$5,000,000, to remain available until expended.
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this subsection the funds transferred under subparagraph (A), without further appropriation.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In addition to
the amounts made available under paragraph (8), there are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2011 through
2015.
‘‘(h) PILOT PROGRAM FOR HIGH-POVERTY SCHOOLS.—
‘‘(1) IN GENERAL.—’’; and
(3) in subsection (h) (as redesignated by paragraph (2))—
(A) in subparagraph (F) of paragraph (1) (as so redesignated), by striking ‘‘in accordance with paragraph (1)(H)’’
and inserting ‘‘carried out by the Secretary’’;
(B) by redesignating paragraph (4) as paragraph (2);
and
(C) in paragraph (2) (as so redesignated), by striking
‘‘2009’’ and inserting ‘‘2015’’.

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