Healthy Future Students and Earth Pilot Program Act of 2023

Subjects: Agriculture and Food


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3276 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3276

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

Ms. Velazquez (for herself, Ms. Norton, Ms. Barragan, 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.

    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 ``Healthy Future Students and Earth 
Pilot Program Act of 2023''.

SEC. 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)).''.

SEC. 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).''.
                                 &lt;all&gt;
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