118 HR 3276 IH: Healthy Future Students and Earth Pilot Program Act of 2023
U.S. House of Representatives
2023-05-11
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I
118th CONGRESS
1st Session
H. R. 3276
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Ms. Velázquez (for herself, Ms. Norton, Ms. Barragán, Ms. Clarke of New York, Mrs. Watson Coleman, Mr. Doggett, Mrs. McBath, Ms. Lee of California, Mr. Mfume, Ms. Pressley, Ms. Kamlager-Dove, Mr. Evans, Mr. Blumenauer, Mr. McGovern, Mr. Nadler, Ms. Brownley, Ms. Omar, and Ms. Blunt Rochester) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To amend the Richard B. Russell National School Lunch Act to establish a pilot grant program to make grants to school food authorities to provide 100 percent plant-based food and milk options, and for other purposes.
1.

Short title
This Act may be cited as the “Healthy Future Students and Earth Pilot Program Act of 2023”.
2.

Plant-based foods in schools
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding after subsection (c) the following:
“(d)

Pilot grant program for 100 percent plant-Based food options
(1)

Program authorized
The Secretary shall establish and carry out a pilot grant program to award grants to eligible school food authorities to carry out the activities described in paragraph (4).
(2)

In general
(A)

Term
The term of a grant awarded under this subsection shall be 3 years.
(B)

Grant amount
In awarding grants under this subsection, the Secretary shall, to the extent practicable, award grants of diverse amounts.
(3)

Application
(A)

In general
To be eligible to receive a grant under this subsection, an eligible school food authority shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
(i)
a participatory evaluation plan; and
(ii)
a plan for providing culturally appropriate meals.
(B)

Priority
To the maximum extent practicable, in awarding grants under this subsection, the Secretary shall give priority to an eligible school food authority that will use the grant funds to—
(i)
serve a high proportion of children who are eligible for free or reduced price meals;
(ii)
demonstrate collaboration with nongovernmental and community-based organizations, agricultural producers, and other community partners with respect to the activities described in paragraph (4);
(iii)
incorporate experiential and culturally appropriate plant-based food, nutrition, or agricultural education activities related to 100 percent plant-based food options in the classroom;
(iv)
incorporate organically produced 100 percent plant-based food options; and
(v)
meets any other criteria that the Secretary determines appropriate.
(4)

Use of funds
A grant awarded under this subsection may be used for any of the following activities:
(A)
To contract with qualified third parties for professional development training for food service personnel on serving (including preparing, procuring, marketing, and creating menus) 100 percent plant-based food options.
(B)
To provide compensation, for each employee who participates in the professional development training described in subparagraph (A), at the regular rate of pay of such employee.
(C)
To provide technical assistance and student engagement and education on 100 percent plant-based food options, including providing taste tests, recipe development, and culinary education.
(D)
To provide compensation for additional work relating to serving meals that include a 100 percent plant-based food option.
(E)
To conduct outreach to, and cover costs of procurement of foods from, agricultural producers of 100 percent plant-based food options, including—
(i)
underserved producers;
(ii)
limited resource farmers or ranchers, as defined by the Secretary;
(iii)
producers on a certified organic farm; and
(iv)
local farmers.
(5)

Reports
(A)

Recordkeeping required
Each eligible school food authority awarded a grant under this subsection shall keep records of the 100 percent plant-based food options served pursuant to this subsection as the Secretary determines appropriate.
(B)

Report required by school food authorities
Not later than 1 year after receiving a grant under this subsection, and annually for the duration of the grant term described in paragraph (2)(A), a school food authority shall submit to the Secretary a report on the pilot grant program, including information on—
(i)
the number of 100 percent plant-based food options that the school food authority served during the grant period compared with the preceding school year;
(ii)
the number of schools served by the school food authority pursuant to the grant;
(iii)
the number of students served by the school food authority pursuant to the grant; and
(iv)
how the school food authority used the grant funds.
(C)

Report by Secretary
With respect to each school year during which the Secretary receives the report required under subparagraph (B), the Secretary shall, not later than 1 year after the date that is the last day of such school year, submit to Congress a report that includes—
(i)
a summary of the reports received during such school year; and
(ii)
such information with respect to the pilot program as the Secretary determines to be relevant.
(6)

Technical assistance
The Secretary shall provide technical assistance and information to assist school food authorities—
(A)
to facilitate the coordination and sharing of information and resources that may be applicable to the activities described in paragraph (4); and
(B)
to collect and share information on best practices.
(7)

Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $10,000,000 for fiscal year 2024, to remain available through fiscal year 2028.
(8)

Definitions
In this subsection:
(A)

100 percent plant-based food option
The term 100 percent plant-based food option means a breakfast or lunch meal option or component that—
(i)
includes a meat alternate as described in—
(I)
section 210.10 of title 7, Code of Federal Regulations (or successor regulations); or
(II)
appendix A to part 210 of 7, Code of Federal Regulations (or successor regulations); and
(ii)
does not contain any animal products or byproducts, such as meat, poultry, honey, fish, dairy, or eggs.
(B)

Beginning farmer or rancher
The term beginning farmer or rancher has the meaning given such term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).
(C)

Eligible school food authority
The term eligible school food authority means a school food authority for which 50 percent or more of the students served by such school food authority are eligible for free or reduced price lunch under this Act or free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(D)

Food, Agriculture, Conservation, and Trade Act terms
The terms certified organic farm, organically produced, and producer have the meanings given such terms in section 2103 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6502).
(E)

Underserved producer
The term underserved producer means an individual (including a member of an Indian Tribe) that is—
(i)
a beginning farmer or rancher;
(ii)
a veteran farmer or rancher; or
(iii)
a socially disadvantaged farmer or rancher.
(F)

Veteran farmer or rancher
The term veteran farmer or rancher has the meaning given such term in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).”.
3.

Accommodating dietary requirements
Section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)) is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (A), by amending clause (i) to read as follows:
“(i)
shall not—
(I)
be construed to prohibit the substitution of foods to accommodate the medical needs of individual students; or
(II)
be construed to prohibit the nutritionally equivalent substitution of foods to accommodate religiously based or other special dietary needs of individual students; and”; and
(B)
in subparagraph (B), by striking “lower-fat versions of foods commonly used in the school lunch program under this Act” and inserting “foods that comply with the meal patterns prescribed by the Secretary”; and
(2)
in paragraph (2)—
(A)
by amending subparagraph (A)(iii) to read as follows:
“(iii)
shall provide, as a reasonable accommodation under the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), a substitute for fluid milk for a student whose disability restricts their diet.”; and
(B)
by amending subparagraph (B) to read as follows:
“(B)

Other substitutions
(i)

Standards for required substitution
(I)
With respect to a student for whom fluid milk is not nutritionally appropriate due to a medical or other special dietary need other than a disability described in subparagraph (A)(iii) (as determined by the school in consultation with the parent or legal guardian of such student), a school shall substitute, for the fluid milk provided under subparagraph (A), a nondairy beverage that meets the nutritional needs of such student.
(II)
A school shall substitute, for the fluid milk provided under subparagraph (A), a nondairy beverage that is nutritionally equivalent to fluid milk and meets nutritional standards established by the Secretary if the parent or legal guardian of such student submits a written request for such substitution.
(ii)

Standards for discretionary substitution
A school may offer each student a nondairy beverage as a substitute for fluid milk that is nutritionally equivalent to fluid milk and meets nutritional standards established by the Secretary.
(iii)

Excess expenses
Except as provided under clause (iv), expenses incurred by providing substitutions under clauses (i) and (ii) that are in excess of expenses covered by reimbursements under this Act shall be paid by the school food authority.
(iv)

Pilot program
(I)

Program authorized
Not later than 90 days after the date of the enactment of this subparagraph, the Secretary shall establish and carry out a pilot grant program to award grants to eligible school food authorities to carry out subclause (III).
(II)

Priority
In awarding grants under this clause, the Secretary may give priority to—
- (aa)
an eligible school food authority that serves high proportions of students with high rates of lactose intolerance; and
- (bb)
an eligible school food authority that demonstrates, as part of the application for a grant under this clause, a need for nondairy beverages for students served by such school food authority due to dietary reasons.
(III)

Use of funds
A school food authority shall use grant funds awarded under this clause to reimburse the full cost of providing nondairy beverages as substitutes for fluid milk under clause (i)(I) incurred by such school food authority.
(IV)

Reports
- (aa)

Annual report by school food authority
Not later than 1 year after receiving a grant under this clause, and on an annual basis for the duration of the pilot program thereafter, a school food authority shall submit to the Secretary a report on the pilot grant program, including information with respect to—
(AA)
the number of schools served by the school food authority pursuant to the grant; and
(BB)
the number of students served by the school food authority pursuant to the grant.
- (bb)

Final report by school food authority
The report that is the final report submitted under item (aa) shall include, in addition to the information required under subitems (AA) and (BB) of such item—
(AA)
the number of nondairy beverages as substitutes for fluid milk that the school food authority served during the grant period; compared with
(BB)
the number of nondairy beverages as substitutes for fluid milk that the school food authority served during the school year immediately preceding the start of the grant period.
- (cc)

Report by the Secretary
Not later than 6 months after the date described in subclause (V), the Secretary shall submit to Congress a report that includes a summary of the information included in the reports received under this subclause and any such information with respect to the pilot program the Secretary determines to be relevant.
(V)

Sunset
The authority to carry out this clause shall terminate on the date that is 3 years after the date of the enactment of this subparagraph.
(VI)

Eligible school food authority defined
In this clause, the term eligible school food authority means a school food authority for which at least 50 percent of the students served by such school food authority are eligible for free or reduced price lunch under this Act or free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(VII)

Authorization of appropriations
There is authorized to be appropriated to carry out this clause $2,000,000 for fiscal year 2024, to remain available until the date described in subclause (V).”.