I 

111TH CONGRESS 

1ST SESSION H. R. 4333 

To amend the Richard B. Russell National School Lunch Act to improve 

the health and well-being of school children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. FARR (for himself, Mr. PUTNAM, Ms. RICHARDSON, Mr. BLUMENAUER, 

Mr. KAGEN, Mr. MICHAUD, Ms. JACKSON-LEE of Texas, Mr. HINCHEY, 

Ms. MATSUI, Ms. WASSERMAN SCHULTZ, Mr. MORAN of Virginia, Mr. 

COSTA, Mr. SERRANO, Mr. COURTNEY, Ms. HIRONO, and Mrs. CAPPS) 

introduced the following bill; which was referred to the Committee on 

Education and Labor, and in addition to the Committee on Agriculture, 

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 improve the health and well-being of school children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Children’s Fruit and 

5 Vegetable Act of 2009’’. 


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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Children eat less than half of the daily 

4 fruits and vegetables recommended for good health 

5 by the 2005 Dietary Guidelines for Americans. To 

6 meet those guidelines designed to promote the health 

7 of children and to lower their risks of chronic dis8 ease and obesity, children need to double their fruit 

9 and vegetable intake. According to the background 

10 and purpose of those guidelines many specific dis11 ease and conditions are linked to poor diet and that 

12 nutrient supplements cannot replace a healthful diet. 

13 The report notes that ‘‘an array of evidence points 

14 to beneficial health effects’’ from the increased in15 take of fruits and vegetables. 

16 (2) Published analysis of the 2005 Dietary 

17 Guidelines for Americans notes that increased in18 takes of fruit, vegetables, are likely to have impor19 tant health benefits for most Americans. For this 

20 reason, the Secretary of Agriculture should engage 

21 in effective marketing, communications, and training 

22 focused on sharing best practices that result in 

23 school children eating more fruits and vegetables. 

24 (3) Schools participating in the national school 

25 lunch program established under the Richard B. 

26 Russell National School Lunch Act (42 U.S.C. 1751 


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1 et seq.) or the school breakfast program established 

2 under the Child Nutrition Act of 1966 (42 U.S.C. 

3 1771, et seq.) are required to serve meals that are 

4 consistent with the most recent Dietary Guidelines 

5 for Americans published under section 301 of the 

6 National Nutrition Monitoring and Related Research 

7 Act of 1990 (7 U.S.C. 5341). However, Nutrition 

8 Standards and Meal Requirements for the National 

9 School Lunch Program and the School Breakfast 

10 Program, have not been updated since 1995. 

11 (4) Most schools participating in school meal 

12 programs currently serve meals that contain fewer 

13 fruits and vegetables than recommended by the Die14 tary Guidelines for Americans published in 2005 

15 under section 301 of the National Nutrition Moni16 toring and Related Research Act of 1990 (7 U.S.C. 

17 5341). 

18 (5) The Institute of Medicine’s publication enti19 tled School Meals: Building Blocks for Healthy Chil20 dren Report (October 20, 2009), recommends that 

21 (1) the amount of fruit served in school breakfast be 

22 doubled to one cup, and (2) the amount of fruits 

23 and vegetables in school lunch be doubled to one cup 

24 of fruit and one cup of vegetables every day, and 

25 that the variety of vegetables served be increased, 


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1 emphasizing dark green and orange vegetables. The 

2 Institute of Medicine’s recommendations will align 

3 the National School Breakfast and Lunch Programs 

4 with the Dietary Guidelines for Americans published 

5 in 2005 under section 301 of the National Nutrition 

6 Monitoring and Related Research Act of 1990 (7 

7 U.S.C. 5341) and promote children’s health. The In8 stitute of Medicine’s report also recognizes that im9 proving the quality of school meals, such as adding 

10 more fruits and vegetables, will require additional 

11 cafeteria equipment, such as refrigeration, salad bar, 

12 and fruit and vegetable bars. 

13 (6) An important goal of the Federal school 

14 lunch and breakfast programs should include im15 proving the eating habits of children so they can 

16 meet recommendations set forth in the most recent 

17 version of the Dietary Guidelines for Americans. 

18 (7) According to a University of California-Los 

19 Angeles School of Public Health study published in 

20 2007 (Public Health Nutrition 10:1490–1496) by 

21 Dr. Wendelin Slusser, M.D., et al. and later con22 firmed by additional research presented by Dr. 

23 Havinder Sareen, PhD, MPH to the Centers for 

24 Disease Control and Prevention in February 2009, 

25 children who have access to salad bars or fruit and 


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1 vegetable bars in their school cafeteria eat more 

2 fruits and vegetables. 

3 (8) According to the U.S. Department of Agri4 culture only approximately 3 percent of fruits and 

5 vegetables purchased for the school lunch program 

6 through the Agricultural Marketing Services com7 modity purchase program are fresh. The Secretary 

8 of Agriculture is piloting a fresh-cut sliced apple 

9 program to test the feasibility of purchasing, under 

10 authority of section 32 of Public Law 74–320, as 

11 amended (7 U.S.C. 612c), a wide variety of fresh12 cut fruits and vegetables for school meal programs. 

13 According to the Agricultural Marketing Service 

14 press release from September 17, 2009, the fresh15 cut sliced apple pilot program is a tremendous 

16 achievement and is extraordinarily popular with 

17 schools. The Secretary plans to expand the fresh-cut 

18 apple program and pilot test a baby carrot program 

19 during the Fall of 2009. 

20 (9) The American Recovery and Reinvestment 

21 Act of 2009 (ARRA) (Public Law 111–5) provided 

22 a one time investment of $100 million for equipment 

23 assistance to school food authorities participating in 

24 the National School Lunch Program. This is the 

25 first Federal infrastructure investment for cafeteria 


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1 equipment in 25 years. Total requests from schools 

2 for cafeteria equipment through the ARRA exceeded 

3 $650 million indicating a strong unmet need for 

4 Federal support to help schools for equipment that 

5 lends itself to improving the quality of school food 

6 service meals that meet the Dietary Guidelines. 

7 (10) The Fresh Fruit and Vegetable Program 

8 established under Section 19 of the Richard B. Rus9 sell National School Lunch Act (42 U.S.C. 1769a, et 

10 seq.) has demonstrated successfully that children 

11 like fresh fruits and vegetables and will increase 

12 their consumption when a variety of high quality 

13 fresh fruits and vegetables are available to them in 

14 school. 

15 (11) Policy initiatives, such as the Fresh Fruits 

16 and Vegetable Program, which are designed to im17 prove the school food environment and children’s 

18 eating habits, should be reinforced with training and 

19 technical assistance for schools to improve program 

20 effectiveness. 

21 (b) PURPOSE.—The purpose of this Act is to estab22 lish a national strategy to improve the nutritional quality 

23 of school meals served by schools participating in the 

24 school lunch program established under the Richard B. 

25 Russell National School Lunch Act (42 U.S.C. 1751 et 


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1 seq.) or the school breakfast program established under 

2 established under the Child Nutrition Act of 1966 (42 

3 U.S.C. 1771 et seq.) by increasing access to and consump4 tion of fruits and vegetables by children enrolled in the 

5 schools through— 

6 (1) the promotion of the use of salad bars, or 

7 fruit and vegetable bars, as a strategy to increase 

8 children’s fruit and vegetable consumption; 

9 (2) the expansion of the amount of fruits and 

10 vegetables purchased by the Secretary of Agriculture 

11 for use in school meals, emphasizing fruits and vege12 tables that are popular with students; 

13 (3) effective training and technical assistance, 

14 emphasizing best practices, that will— 

15 (A) improve the implementation of the 

16 Fresh Fruit and Vegetable Program under sec17 tion 19 of the Richard B. Russell National 

18 School Lunch Act (42 U.S.C. 1769a); and 

19 (B) increase the availability and consump20 tion of fruits and vegetables in school meals; 

21 (4) infrastructure investment for purchasing 

22 cafeteria equipment specifically targeted for increas23 ing access to fruits and vegetables and improve the 

24 quality of school food service meals that meet the 

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1 lished under section 301 of the National Nutrition 

2 Monitoring and Related Research Act of 1990 (7 

3 U.S.C. 5341); and 

4 (5) improving the quality of school meals. 

5 SEC. 3. DEFINITION. 

6 In this Act, the term ‘‘Secretary’’ means the Sec7 retary of Agriculture. 

8 SEC. 4. INCREASING ACCESS TO FRUITS AND VEGETABLES 

9 IN SCHOOL CAFETERIAS. 

10 Section 18 of the Richard B. Russell National School 

11 Lunch Act (42 U.S.C. 1769) is amended by adding at the 

12 end the following— 

13 ‘‘(j) ESTABLISHING SALAD BARS AND FRUIT AND

14 VEGETABLE BARS.— 

15 ‘‘(1) MARKETING AND COMMUNICATIONS

16 PLAN.—Not later than 90 days after the date of en17 actment of the Children’s Fruit and Vegetable Act 

18 of 2009, the Secretary shall establish and implement 

19 a plan to promote the use of salad bars or fruit and 

20 vegetable bars in schools participating in the school 

21 lunch program established under this Act. 

22 ‘‘(2) TRAINING AND TECHNICAL ASSISTANCE.— 

23 ‘‘(A) IN GENERAL.—In carrying out the 

24 plan described in paragraph (1), the Secretary 

25 shall provide training and technical assistance 


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1 to State educational agencies and schools on 

2 how to offer salad bars or fruit and vegetable 

3 bars. 

4 ‘‘(B) COMPREHENSIVE GUIDANCE.—In 

5 providing the training and technical assistance 

6 described in subparagraph (A), the Secretary 

7 may use relevant guidance provided in the pub8 lication of the Secretary entitled Fruits and 

9 Vegetables Galore: Helping Kids Eat More 

10 (2004). 

11 ‘‘(3) INFRASTRUCTURE INVESTMENT.— 

12 ‘‘(A) IN GENERAL.—In carrying out the 

13 plan described in paragraph (1), the Secretary 

14 shall develop a program to provide grants to 

15 State educational agencies to encourage schools 

16 in such agencies to purchase equipment and 

17 modify facilities for the purpose of setting up 

18 and operating salad bars or fruit and vegetable 

19 bars. 

20 ‘‘(B) ALLOCATION TO STATE EDU21 CATIONAL AGENCIES.—The Secretary shall allo22 cate funds to each State educational agency in 

23 accordance with a formula developed by the 

24 Secretary, which shall provide for reallocation 


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1 of unused funds after the end of each fiscal 

2 year. 

3 ‘‘(C) APPLICATION.—To receive a grant 

4 under this subsection, a State educational agen5 cy shall submit to the Secretary an application 

6 at such time, in such manner, and containing 

7 such information as the Secretary may require. 

8 ‘‘(D) STATE EDUCATIONAL AGENCY RE9 QUIRED USES OF FUNDS.—Each State edu10 cational agency receiving a grant under this 

11 subsection shall use the grant funds to— 

12 ‘‘(i) award schools in such State edu13 cational agency a one-time payment equal 

14 to the anticipated cost of setting up and 

15 operating a salad bar or fruit and vege16 table bar, or $7,500, whichever is less; and 

17 ‘‘(ii) shall impose appropriate audit 

18 and reporting requirements, and other pro19 cedures to ensure that funds provided to 

20 schools by the agency under this subsection 

21 have been properly used and shall recover 

22 unused funds, as appropriate. 

23 ‘‘(4) EVALUATION AND REPORT.—Not later 

24 than 18 months following the establishment and exe25 cution of the plan described in paragraph (1), the 


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1 Secretary shall prepare and submit a report to the 

2 Committee on Education and Labor, the Committee 

3 on Agriculture, and the Committee on Appropria4 tions, of the House of Representatives, and the 

5 Committee on Appropriations, the Committee on Ag6 riculture, Nutrition, and Forestry, of the Senate, 

7 which describes— 

8 ‘‘(A) how the plan has been executed; and 

9 ‘‘(B) the number of schools that have new 

10 salad bars or fruit and vegetable bars as a re11 sult of such plan. 

12 ‘‘(5) MANDATORY SPENDING.— 

13 ‘‘(A) IN GENERAL.—Out of the funds in 

14 the Treasury not otherwise appropriated, the 

15 Secretary of Treasury shall provide to the Sec16 retary of Agriculture by October 15 of each of 

17 fiscal years 2011 through 2012 the amount of 

18 $10,000,000 and the Secretary of Agriculture 

19 shall accept and use such funds to implement 

20 this subsection. 

21 ‘‘(B) ADDITIONAL AUTHORIZATION OF AP22 PROPRIATIONS.—There are authorized to be ap23 propriated, in addition to the mandatory fund24 ing under subparagraph (A) for each of the fis25 cal years listed in such subparagraph, such 


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1 sums as are necessary to carry out this sub2 section, to remain available until expended.’’. 

3 SEC. 5. IDENTIFYING AND REMOVING BARRIERS TO THE 

4 PURCHASE OF PERISHABLE FRUITS AND 

5 VEGETABLES. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of the enactment of this Act, the Secretary shall es8 tablish and implement a plan to identify and remove bar9 riers to facilitate the equitable purchase of fruits and vege10 tables within the procurement and distribution systems 

11 administered by Secretary, acting through the Agricul12 tural Marketing Service of the Department of Agriculture.

13 The plan shall seek to identify and remove barriers to the 

14 equitable purchase of fruits and vegetables at all levels of 

15 the procurement and distribution systems, including any 

16 barriers related to the initial surveys, bidding, transpor17 tation, handling, storage, and delivery to schools. 

18 (b) EVALUATION AND REPORT.—Not later than 1 

19 year after the date of the enactment of this Act, the Sec20 retary shall evaluate and report to the appropriate com21 mittees of Congress recommendations to reduce or elimi22 nate the barriers identified pursuant to subsection (a). 


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1 SEC. 6. BEST PRACTICES TO IMPROVE EFFECTIVENESS OF 

2 FRESH FRUIT AND VEGETABLE PROGRAM. 

3 Section 19(i)(6)(A) of the Richard B. Russell Na4 tional School Lunch Act (42 U.S.C. 1769a) is amended 

5 to read as follows: 

6 ‘‘(A) IN GENERAL.—Of funds made avail7 able to carry out this section for a fiscal year, 

8 the Secretary may use not more than $500,000 

9 for administrative costs of carrying out this 

10 program, including national and regional train11 ing conferences emphasizing sharing best prac12 tices, and providing technical assistance. Such 

13 training programs may also include strategies 

14 and best practices for increasing access to fresh 

15 fruits and vegetables in other school meals pro16 grams.’’. 

17 SEC. 7. IMPROVING THE QUALITY OF SCHOOL MEALS 

18 THROUGH RULEMAKING. 

19 Not later than 24 months after the date of receiving 

20 the review initiated by the National Academy of Sciences, 

21 Institute of Medicine in February 2008 of the National 

22 School Lunch and School Breakfast Program Meal Pat23 terns and Nutrient Standards authorized under the Rich24 ard B. Russell National School Lunch Act (42 U.S.C. 

25 1751), the Secretary shall promulgate a final rule updat26 ing the nutrition standards and meal requirements for 


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1 school meal programs in a manner consistent with the 

2 findings of such review. 

3 SEC. 8. EQUIPMENT ASSISTANCE GRANTS. 

4 (a) PROGRAM AUTHORIZED.—From the amount ap5 propriated under subsection (e), the Secretary shall pro6 vide funds to States, according to the allocation formula 

7 described in subsection (b), for the purpose of awarding 

8 grants, on a competitive basis, to school food authorities 

9 to provide equipment assistance to schools participating 

10 in the school lunch program established under the Richard 

11 B. Russell National School Lunch Act (42 U.S.C. 1751 

12 et seq.). 

13 (b) ALLOCATION FORMULA.— 

14 (1) IN GENERAL.—From the amount appro15 priated under subsection (e), the Secretary shall al16 locate funds to States in a manner proportional with 

17 each State’s administrative expense allocation under 

18 section 7(a)(2) of the Child Nutrition Act of 1966 

19 (42 U.S.C. 1776(a)(2)). 

20 (2) REALLOCATION.—If a State does not re21 ceive funds under this subsection, the Secretary shall 

22 reallocate such funds to other States in amounts the 

23 Secretary determines necessary. 

24 (c) APPLICATIONS.— 


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1 (1) STATES.—To qualify to receive an alloca2 tion of funds under this section, a State shall submit 

3 an application to the Secretary at such time, in such 

4 manner, and containing such information as the Sec5 retary may require. 

6 (2) SCHOOL FOOD AUTHORITIES.—To qualify 

7 to receive a grant under this section, a school food 

8 authority shall submit an application to the applica9 ble State at such time, in such manner, and con10 taining such information as the State may require. 

11 Such application shall demonstrate to the State that 

12 such school food authority serves schools that have 

13 a need for equipment assistance. 

14 (d) PRIORITY.—In awarding grants under this sec15 tion, a State shall give priority to school food authorities 

16 that have, under the jurisdiction of such authorities, 

17 schools in which not less than 50 percent of the students 

18 are eligible for free or reduced price lunches under the 

19 Richard B. Russell National School Lunch Act (42 U.S.C. 

20 1751 et seq.). 

21 (e) AUTHORIZATION OF APPROPRIATIONS AND AP22 PROPRIATION.—Out of any moneys in the Treasury not 

23 otherwise appropriated, the Secretary of the Treasury 

24 shall provide to the Secretary $100,000,000 to carry out 

25 this section, to remain available until expended. 


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1 (f) DEFINITION.—In this section, the term ‘‘equip2 ment’’ means any equipment needed to prepare, process, 

3 and store food for the school lunch program established 

4 under this Act. 

5 SEC. 9. FARM TO SCHOOL PROGRAM. 

6 (a) AMENDMENT.—The Richard B. Russell National 

7 School Lunch Act (42 U.S.C. 1751 et seq.) is amended 

8 by inserting after section 19, the following: 

9 ‘‘SEC. 19A. FARM-TO-SCHOOL PROGRAM. 

10 ‘‘(a) IN GENERAL.—From the amount appropriated 

11 under subsection (h), the Secretary shall carry out a pro12 gram provide assistance, through competitive matching 

13 grants and technical assistance, to schools and nonprofit 

14 entities to carry out farm-to-school programs that improve 

15 access to local foods in schools and institutions partici16 pating in programs under this Act and section 4 of the 

17 Child Nutrition Act of 1966 (42 U.S.C. 1773) through 

18 farm to school activities, including the purchase of local 

19 food, establishment of effective relationships between 

20 school and institutional food service providers, distribu21 tors, and producers or groups of producers, school gar22 dens, appropriate equipment, and the provision of training 

23 and education. 

24 ‘‘(b) PURPOSES OF FARM-TO-SCHOOL PROGRAMS.— 

25 Farm-to-school programs are designed to— 


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1 ‘‘(1) improve the nutritional health and well 

2 being of children; 

3 ‘‘(2) procure healthy local foods from small and 

4 medium-sized farms for meals at eligible schools and 

5 institutions; 

6 ‘‘(3) support experiential nutrition education 

7 activities and curriculum planning that incorporates 

8 the participation of school children in farm and gar9 den-based agricultural education activities; 

10 ‘‘(4) develop a sustained commitment to farm 

11 to school projects in the community by linking 

12 schools and institutions, State and local agencies in13 cluding Indian Tribal Organizations, institutions of 

14 higher education, agricultural producers, parents, 

15 community garden groups and other community 

16 stakeholders; and 

17 ‘‘(5) increase farm income by facilitating farm18 ers’ access to institutional markets including schools. 

19 ‘‘(c) GRANTS.— 

20 ‘‘(1) COMPETITIVE BASIS.—A grant under this 

21 section shall be awarded on a competitive basis. 

22 ‘‘(2) TYPES OF GRANTS.—A grant under this 

23 section may be— 


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1 ‘‘(A) an implementation grant to support 

2 the cost of implementing a farm-to-school pro3 gram; 

4 ‘‘(B) a training and technical assistance 

5 grant to provide the training, operational sup6 port, information, and access to resources nec7 essary to implement a success farm-to-school 

8 program; or 

9 ‘‘(C) a planning grant to support the cost 

10 of conducting research, identifying resources, 

11 and developing partnerships to design a suc12 cessful and sustainable farm-to-school program. 

13 ‘‘(3) AMOUNT.—The total amount provided 

14 under this section to a grant recipient shall not ex15 ceed— 

16 ‘‘(A) in the case of an implementation or 

17 training and technical assistance grant, 

18 $100,000; and 

19 ‘‘(B) in the case of a planning grant, 

20 $25,000. 

21 ‘‘(4) TERM.—A grant under this section may 

22 not be awarded for a period of more than— 

23 ‘‘(A) in the case of an implementation or 

24 training and technical assistance grant, 2 years; 

25 and 


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1 ‘‘(B) in the case of a planning grant, 1 

2 year. 

3 ‘‘(5) COST SHARE.— 

4 ‘‘(A) IN GENERAL.—The amount of a 

5 grant made under this section shall not exceed 

6 75 percent of the cost of— 

7 ‘‘(i) in the case of an implementation 

8 grant, implementing a farm-to-school pro9 gram; 

10 ‘‘(ii) in the case of a training and 

11 technical assistance grant, providing the 

12 training, operational support, information, 

13 and access to resources necessary to imple14 ment a success farm-to-school program; 

15 and 

16 ‘‘(iii) in the case of a planning grant, 

17 conducting research, identifying resources 

18 and developing partnerships to design a 

19 successful and sustainable farm-to-school 

20 program. 

21 ‘‘(B) NON-FEDERAL SUPPORT.—A grant 

22 recipient under this section shall be required to 

23 provide not more than 25 percent of the cost of 

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1 tributions (including facilities, equipment, train2 ing, or services provided by State and local gov3 ernments and private sources). 

4 ‘‘(d) EVALUATION.—An grant recipient under this 

5 section shall agree to cooperate in an evaluation carried 

6 out by the Secretary. 

7 ‘‘(e) REGIONAL BALANCE.—In making awards and 

8 providing technical assistance under this section, the Sec9 retary shall to the maximum extent practicable, ensure— 

10 ‘‘(1) geographical diversity; and 

11 ‘‘(2) equitable treatment of urban, rural, and 

12 tribal communities. 

13 ‘‘(f) TECHNICAL ASSISTANCE.— 

14 ‘‘(1) TECHNICAL ASSISTANCE BY SECRETARY.— 

15 The Secretary shall provide grant recipients tech16 nical assistance and information to further the pur17 poses of this section. 

18 ‘‘(2) TRAINING AND TECHNICAL ASSISTANCE

19 GRANTS.— 

20 ‘‘(A) IN GENERAL.—In the case of a re21 cipient of a training and technical assistance 

22 grant under this section, the recipient shall use 

23 the funds available under the grant to provide 

24 training and technical assistance to an entity, 

25 including an institution of higher education, 


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1 that desires to implement a farm-to-school pro2 gram. 

3 ‘‘(B) TRAINING AND TECHNICAL ASSIST4 ANCE ACTIVITIES.—The training and technical 

5 assistance shall— 

6 ‘‘(i) be provided under such terms as 

7 the Secretary may require; and 

8 ‘‘(ii) include providing the training, 

9 operational support, information, and ac10 cess to resources necessary to implement a 

11 success farm-to-school program. 

12 ‘‘(g) PROPOSALS.— 

13 ‘‘(1) REQUIREMENT FOR APPLICANTS.—An ap14 plicant that desires to receive a grant under this sec15 tion shall submit to the Secretary a proposal at such 

16 time, in such manner, and containing such informa17 tion as the Secretary may require. 

18 ‘‘(2) PROPOSAL REVIEW CRITERIA.—In making 

19 awards under this subsection, the Secretary shall 

20 form review panels described in paragraph (3) to 

21 evaluate proposals submitted pursuant to paragraph 

22 (1) based on the extent to which the proposed pro23 gram— 

24 ‘‘(A) makes local food products available 

25 on the menu of the school or institution; 


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1 ‘‘(B) benefits local small and medium-sized 

2 farms; 

3 ‘‘(C) incorporates experiential nutrition 

4 education; 

5 ‘‘(D) serves schools and eligible institutions 

6 with a high proportion of children who are eligi7 ble for free and reduced price lunches; 

8 ‘‘(E) demonstrates collaboration between 

9 schools or institutions, non-governmental and 

10 community-based organizations, farmer groups, 

11 and other community partners; 

12 ‘‘(F) demonstrates the potential for long13 term program sustainability; 

14 ‘‘(G) includes adequate and participatory 

15 evaluation plans; and 

16 ‘‘(H) meets such other related criteria as 

17 the Secretary may determine relevant. 

18 ‘‘(3) COMPETITIVE AWARD SELECTION.—In 

19 forming review panels to evaluate proposals sub20 mitted pursuant to paragraph (1), the Secretary 

21 shall include— 

22 ‘‘(A) representatives of schools and eligible 

23 institutions; 

24 ‘‘(B) registered dietitians; 


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1 ‘‘(C) operators of small and medium-sized 

2 farms; 

3 ‘‘(D) public agencies; 

4 ‘‘(E) non-governmental and community5 based organizations with expertise in local food 

6 systems and farm to school programs; and 

7 ‘‘(F) other appropriate parties as deter8 mined by the Secretary. 

9 ‘‘(h) FUNDING.—Beginning on October 1, 2010, out 

10 of any funds in the Treasury not otherwise appropriated, 

11 the Secretary of the Treasury shall transfer to the Sec12 retary of Agriculture to carry out this subsection 

13 $10,000,000 each fiscal year, to remain available until ex14 pended. 

15 ‘‘(i) DEFINITION.—For purposes of this section, the 

16 term ‘institution of higher education’ has the meaning 

17 given such term in section 101 of the Higher Education 

18 Act of 1965 (20 U.S.C. 1001).’’. 

19 (b) CONFORMING AMENDMENT.—Section 18 of the 

20 Richard B. National School Lunch Act (42 U.S.C. 1769) 

21 is amended by repealing subsection (g). 

Æ 


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