I 
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. VELA´ZQUEZ (for herself, Ms. NORTON, Ms. BARRAGA´N, 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 fol-
lowing 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healthy Future Stu-
dents and Earth Pilot Program Act of 2023’’. 
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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 re-
ceive a grant under this subsection, an eligible 
school food authority shall submit to the Sec-
retary an application at such time, in such 
manner, and containing such information as the 
Secretary may require, including— 
‘‘(i) a participatory evaluation plan; 
and 
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‘‘(ii) a plan for providing culturally 
appropriate meals. 
‘‘(B) PRIORITY.—To the maximum extent 
practicable, in awarding grants under this sub-
section, the Secretary shall give priority to an 
eligible school food authority that will use the 
grant funds to— 
‘‘(i) serve a high proportion of chil-
dren who are eligible for free or reduced 
price meals; 
‘‘(ii) demonstrate collaboration with 
nongovernmental and community-based or-
ganizations, agricultural producers, and 
other community partners with respect to 
the activities described in paragraph (4); 
‘‘(iii) incorporate experiential and cul-
turally appropriate plant-based food, nutri-
tion, or agricultural education activities re-
lated to 100 percent plant-based food op-
tions in the classroom; 
‘‘(iv) incorporate organically produced 
100 percent plant-based food options; and 
‘‘(v) meets any other criteria that the 
Secretary determines appropriate. 
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‘‘(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 par-
ties for professional development training for 
food service personnel on serving (including pre-
paring, 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 em-
ployee. 
‘‘(C) To provide technical assistance and 
student engagement and education on 100 per-
cent plant-based food options, including pro-
viding taste tests, recipe development, and cul-
inary education. 
‘‘(D) To provide compensation for addi-
tional work relating to serving meals that in-
clude 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 op-
tions, including— 
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be applicable to the activities described in para-
graph (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 de-
scribed in— 
‘‘(I) section 210.10 of title 7, 
Code of Federal Regulations (or suc-
cessor 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. 
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‘‘(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
AUTHOR-
ITY.—The term ‘eligible school food authority’ 
means a school food authority for which 50 per-
cent or more of the students served by such 
school food authority are eligible for free or re-
duced price lunch under this Act or free or re-
duced price breakfast under section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773). 
‘‘(D) FOOD, 
AGRICULTURE, 
CONSERVA-
TION, 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 indi-
vidual (including a member of an Indian Tribe) 
that is— 
‘‘(i) a beginning farmer or rancher; 
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‘‘(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 stu-
dents; 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 
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(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 pat-
terns 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 ac-
commodation 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 re-
stricts their diet.’’; and 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) OTHER SUBSTITUTIONS.— 
‘‘(i) STANDARDS FOR REQUIRED SUB-
STITUTION.— 
‘‘(I) With respect to a student 
for whom fluid milk is not nutrition-
ally appropriate due to a medical or 
other special dietary need other than 
a disability described in subparagraph 
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(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 sub-
paragraph (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 stu-
dent submits a written request for 
such substitution. 
‘‘(ii) STANDARDS FOR DISCRETIONARY 
SUBSTITUTION.—A school may offer each 
student a nondairy beverage as a sub-
stitute for fluid milk that is nutritionally 
equivalent to fluid milk and meets nutri-
tional standards established by the Sec-
retary. 
‘‘(iii) EXCESS EXPENSES.—Except as 
provided under clause (iv), expenses in-
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curred by providing substitutions under 
clauses (i) and (ii) that are in excess of ex-
penses 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 subpara-
graph, 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 Sec-
retary may give priority to— 
‘‘(aa) an eligible school food 
authority that serves high pro-
portions 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 
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for nondairy beverages for stu-
dents 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 reim-
burse 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 sub-
mit to the Secretary a report on 
the pilot grant program, includ-
ing information with respect to— 
‘‘(AA) the number of 
schools served by the school 
food authority pursuant to 
the grant; and 
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‘‘(BB) the number of 
students 
served 
by 
the 
school food authority pursu-
ant 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 infor-
mation required under subitems 
(AA) and (BB) of such item— 
‘‘(AA) the number of 
nondairy beverages as sub-
stitutes for fluid milk that 
the school food authority 
served during the grant pe-
riod; compared with 
‘‘(BB) the number of 
nondairy beverages as sub-
stitutes for fluid milk that 
the school food authority 
served during the school 
year immediately preceding 
the start of the grant period. 
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‘‘(cc) REPORT BY THE SEC-
RETARY.—Not 
later 
than 
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 re-
ports received under this sub-
clause 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 subpara-
graph. 
‘‘(VI) ELIGIBLE
SCHOOL
FOOD 
AUTHORITY DEFINED.—In this clause, 
the term ‘eligible school food author-
ity’ means a school food authority for 
which at least 50 percent of the stu-
dents served by such school food au-
thority are eligible for free or reduced 
price lunch under this Act or free or 
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reduced price breakfast under section 
4 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773). 
‘‘(VII) AUTHORIZATION
OF
AP-
PROPRIATIONS.—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).’’. 
Æ 
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