Sec. 106. Miscellaneous provisions
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/bill/114/s/3136/pcs/section-106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 12 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760 ) is amended— in subsection (m)(4), by striking 2015 and inserting 2020 ; in subsection (o)— by striking In acquiring and inserting the following: In acquiring ; and by adding at the end the following: A State, State agency, school, or school food authority shall ensure that a procurement contract described in paragraph
(1)and any related documents contain a Buy American requirement as described in subsection (n). ; by striking subsection
(p)and inserting the following: In this subsection: The term base school year means the school year beginning on July 1, 2016, or the first school year in which a new local educational agency operates, and each fifth subsequent school year. The term paid , with respect to a breakfast or lunch, means a reimbursable breakfast or lunch served to a student who is not certified to receive free or reduced price meals. Beginning on July 1, 2016, each local educational agency shall take the steps necessary to comply with this subsection for the applicable base school year. If the amount of non-Federal revenues contributed to the nonprofit school food service account during the base school year equaled or exceeded the target amount calculated under paragraph (5), no additional non-Federal revenue is required. If the amount of non-Federal revenues contributed to the nonprofit school food service account during the base school year was less than the target amount calculated under paragraph (5), the local educational agency shall contribute additional non-Federal revenues to the nonprofit school food service account in accordance with paragraph (8). The non-Federal revenue target shall be equal to the product obtained by multiplying— the number of paid lunches served during the base school year at schools not currently operating a meals program under which all students receive free meals, as determined by the Secretary; and an amount equal to the difference between, during the base school year— the total Federal reimbursement for a free lunch; and the total Federal reimbursement for a paid lunch. For the purposes of this subsection, non-Federal revenues include, as determined by the Secretary— State or local funds (other than unquantified in-kind contributions) contributed to the nonprofit school food service account to support the provision of paid lunches or breakfasts; State or local in-kind contributions that have been converted to direct cash expenditures; funds contributed by a foundation or other private entity to the nonprofit school food service account to support the provision of paid lunches or breakfasts; the revenue provided by the sale of nonprogram foods if the local educational agency demonstrates that the revenue exceeds the costs associated with obtaining, preparing, and serving nonprogram foods; and fees collected from households for paid lunches. The non-Federal revenue gap equals the amount by which the non-Federal revenue target exceeded the amount of non-Federal revenues contributed to the nonprofit school food service account during the base school year. Local educational agencies that did not meet the non-Federal revenue target in the base school year shall be required to contribute additional non-Federal revenues to the nonprofit school food service account annually in an amount sufficient to close the non-Federal revenue gap by an annual average of 10 percent over a 5-year period, as determined by the Secretary. The Secretary shall establish procedures to carry out this subsection. A State agency may exempt a local educational agency from the requirement of paragraph
(4)if— the local educational agency— has been certified for additional reimbursement under section 4(b)(3)(B); and is able to demonstrate that a monthly share of the additional contribution would cause the funds in the nonprofit school food service account to exceed 3 months of operating funds; and the State agency considers whether there are other necessary or appropriate uses for the funds in the nonprofit school food service account. ; by striking subsection (q); and by redesignating subsection
(r)as subsection (q).
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Sec. 106
Miscellaneous provisions
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