I 
117TH CONGRESS 
1ST SESSION H. R. 5249 
To amend the Richard B. Russell National School Lunch Act to establish 
a pilot program to provide selected States with an increased reimburse-
ment for school lunches that are comprised of locally grown foods, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2021 
Mr. DELGADO (for himself and Mr. HUIZENGA) introduced the following bill; 
which was referred to the Committee on Education and Labor 
A BILL 
To amend the Richard B. Russell National School Lunch 
Act to establish a pilot program to provide selected 
States with an increased reimbursement for school 
lunches that are comprised of locally grown foods, 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 ‘‘Small Farm to School 
Act of 2021’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
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(1) Across the United States, school food serv-
ice directors of school lunch programs face very tight 
budgets, and many find it challenging to shift their 
procurement practices without additional support. 
(2) One way to encourage school food service 
directors to procure more locally produced foods is 
to offer reimbursements to provide financial incen-
tives for purchases and ease the process of shifting 
existing procurement practices. 
(3) Research suggests that providing financial 
incentives to school food service directors for pur-
chasing of locally produced foods, can result in an 
overall positive economic effect for farmers and local 
economies. 
(4) In one such study, Cornell University re-
searchers found that providing an additional $0.05- 
per-lunch subsidy incentive to school food service di-
rectors in New York State that use local fruits or 
vegetables one day per week would have an overall 
positive economic effect for farmers and local econo-
mies. 
(5) In a report on Michigan’s ‘‘10 Cents a Meal 
for School Kids and Farms’’ State pilot program, re-
searchers found that providing schools with up to 
$0.10-per-meal in incentive match funding to pur-
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chase and serve Michigan-grown fruits, vegetables, 
and dry beans resulted in an overall positive eco-
nomic effect for the State’s economy, doubling the 
investment of such State in the program. 
(b) PURPOSE.—The purpose of this Act is to provide 
incentives for school food service directors of school lunch 
programs to increase purchases of locally produced, proc-
essed, and unprocessed foods from small farmers, thereby 
providing healthier lunches for children and creating a 
positive economic effect for small farmers and local econo-
mies. 
SEC. 3. LOCALLY PRODUCED FOODS PILOT PROGRAM. 
Section 18 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769) is amended by inserting be-
fore subsection (b) the following: 
‘‘(a) LOCALLY
PRODUCED
FOODS
PILOT
PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out a grant program to make 3-year grants to 8 
States or Indian tribal organizations to provide 
school food authorities with an increased reimburse-
ment for free and reduced price lunches that are 
qualified lunches (as defined in paragraph (10)). 
‘‘(2) APPLICATION.—To be eligible to receive a 
grant under this subsection, a State or Indian tribal 
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organization shall submit an application to the Sec-
retary at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘(3) SELECTION OF STATES.— 
‘‘(A) 
REGIONAL
REQUIREMENT.—In 
awarding grants to States or Indian tribal orga-
nizations under this subsection, the Secretary 
shall select at least one State or Indian tribal 
organization located in each of the following re-
gions designated by the Administrator of the 
Food and Nutrition Service: 
‘‘(i) The Mid-Atlantic Region. 
‘‘(ii) The Midwest Region. 
‘‘(iii) The Mountain Plains Region. 
‘‘(iv) The Northeast Region. 
‘‘(v) The Southern Region. 
‘‘(vi) The Southwest Region. 
‘‘(vii) The Western Region. 
‘‘(B) PRIORITY.— 
‘‘(i) HIGHEST
PRIORITY.—To the 
maximum extent practicable, in awarding 
grants under this subsection, the Secretary 
shall give the highest priority to a State or 
Indian tribal organization that proposes in 
an application under paragraph (2) to 
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carry out a project that, as determined by 
the Secretary— 
‘‘(I) makes local food products 
available on the menu of the eligible 
institution; 
‘‘(II) serves a high proportion of 
children who are eligible for free or 
reduced price meals; 
‘‘(III) incorporates experiential, 
and traditional and culturally appro-
priate nutrition, food, or agricultural 
education 
activities 
in 
curriculum 
planning; 
‘‘(IV) serves a high proportion of 
children from socially disadvantaged 
backgrounds; 
‘‘(V) demonstrates collaboration 
between State and local agencies, 
Tribal organizations and agencies, ag-
ricultural producers or groups of agri-
cultural producers, land-grant colleges 
and universities, and nonprofit enti-
ties; 
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‘‘(VI) 
includes 
adequate 
and 
participatory evaluation plans, as de-
termined by the Secretary; 
‘‘(VII) demonstrates the potential 
for long-term sustainability; 
‘‘(VIII) increases the availability 
of locally produced foods to children; 
and 
‘‘(IX) meets any other criteria 
that the Secretary determines appro-
priate. 
‘‘(ii) 
ADDITIONAL
PRIORITY.—In 
awarding grants to States or Indian tribal 
organizations under this subsection, the 
Secretary shall, in addition to the priority 
described in clause (i), give priority to— 
‘‘(I) a State or Indian tribal or-
ganization with a high quantity and 
variety of growers of local fruits and 
vegetables on a per capita basis; and 
‘‘(II) a State or Indian tribal or-
ganization with a demonstrated com-
mitment to farm-to-school activities. 
‘‘(4) USE OF FUNDS.— 
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‘‘(A) IN
GENERAL.—A State or Indian 
tribal organization that receives a grant under 
this subsection shall use the grant funds to pro-
vide to an additional 2.5 cents reimbursement 
to each school food authority located in such 
State for each qualified lunch served by such 
school food authority. 
‘‘(B) MATCHING FUNDS REQUIREMENT.— 
A State or Indian tribal organization that re-
ceives a grant under this subsection shall pro-
vide, toward the cost of the activities assisted 
under the grant, from non-Federal sources, an 
amount equal to 100 percent of the amount of 
the grant. 
‘‘(5) REPORTS.— 
‘‘(A) STATE REPORT.—Not later than 1 
year after the date of the enactment of this 
subsection, a State or Indian tribal organization 
awarded a grant under this subsection shall 
submit a report to the Secretary that in-
cludes— 
‘‘(i) the quantity of locally grown 
foods annually purchased and served prior 
to a grant under this subsection; 
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‘‘(ii) the locally grown foods pur-
chased and served pursuant to a grant 
under this subsection; 
‘‘(iii) the source, quantity, and cost of 
each such food described in clauses (i) and 
(ii); and 
‘‘(iv) an assessment of the activities 
carried out by such State pursuant to such 
grant. 
‘‘(B) DEPARTMENT
REPORT.—Not later 
than 1 year after the date of the enactment of 
this subsection, the Secretary shall submit a re-
port to Congress that includes— 
‘‘(i) an analysis of the pilot project 
under this subsection; 
‘‘(ii) the data reported to the Sec-
retary by participating States and Indian 
tribal organizations under subparagraph 
(A); and 
‘‘(iii) a benefit-cost ratio analysis tak-
ing into account the increased economic ac-
tivity on farms, input suppliers, and others 
employed in the food distribution sector. 
‘‘(6) SUPPLEMENT, 
NOT
SUPPLANT.—Grant 
funds provided under this subsection shall be used to 
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supplement, not supplant, other Federal or State 
funds available to carry out activities described in 
this subsection. 
‘‘(7) ALLOCATION OF FUNDS.— 
‘‘(A) IN
GENERAL.—Of the funds made 
available to carry out this subsection in a fiscal 
year, the Secretary shall make an allocation to 
the 8 States or Indian tribal organizations 
awarded a grant under this subsection. Such al-
location shall be made on a pro rata basis de-
termined by the total number of reimbursable 
meals served during the previous school year. 
‘‘(B) ADMINISTRATIVE.—Of the funds 
made available to a State or Indian tribal orga-
nization under this subsection, not more than 3 
percent may be used for administrative ex-
penses. 
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $20,000,000 for fiscal year 2021 and 
each succeeding fiscal year, to remain available until 
expended. 
‘‘(9) DEFINITIONS.—In this subsection: 
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‘‘(A) FARM-TO-SCHOOL
ACTIVITIES.—The 
term ‘farm-to-school activities’ includes the fol-
lowing activities: 
‘‘(i) Planting and maintenance of 
farms or gardens. 
‘‘(ii) Procurement from local agricul-
tural producers. 
‘‘(iii) Educational activities relating to 
agriculture, nutrition, or food. 
‘‘(B) LOCALLY PRODUCED.—The term ‘lo-
cally produced’ means food that is— 
‘‘(i) raised, produced, and distributed 
in a locality that is less than 400 miles 
from the point of sale of such food, or 
‘‘(ii) raised, produced, distributed, and 
sold within the same State, territory, or 
Tribal land. 
‘‘(C) MAJORITY-CONTROLLED
PRODUCER- 
BASED BUSINESS VENTURE.—The term ‘major-
ity-controlled producer-based venture’ has the 
meaning given the term in section 210A for the 
Agricultural Marketing Act of 1946 (7 U.S.C. 
1627(c)). 
‘‘(D) 
QUALIFIED
LUNCH.—The 
term 
‘qualified lunch’ means a lunch served by a 
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school food authority under this Act of which at 
least one component of such lunch is comprised 
entirely of locally produced and unprocessed 
foods procured directly from— 
‘‘(i) an independent producer; 
‘‘(ii) an agricultural producer group, 
farmer, or rancher cooperative or majority- 
controlled producer-based venture— 
‘‘(I) that is privately held and in-
corporated within a 400-mile radius of 
the school food authority procuring 
such locally produced and unprocessed 
foods; and 
‘‘(II) of which the majority of the 
owners are located within a 400-mile 
radius of such school food authority; 
or 
‘‘(iii) an intermediary— 
‘‘(I) that is privately held and in-
corporated within a 400-mile radius of 
the school food authority procuring 
such locally produced and unprocessed 
foods; and 
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‘‘(II) of which the majority of the 
owners are located within a 400-mile 
radius of such school food authority. 
‘‘(E) UNPROCESSED.—The term ‘unproc-
essed’ means only those agricultural products 
that retain their inherent character. The effects 
of the following food handling and preservation 
techniques shall not be considered as changing 
an agricultural product into a product of a dif-
ferent kind or character: cooling; refrigerating; 
freezing; size adjustment made by peeling, slic-
ing, dicing, cutting, chopping, shucking, and 
grinding; forming ground products into patties 
without any additives or fillers; drying/dehydra-
tion; washing; packaging (such as placing eggs 
in cartons), vacuum packing and bagging (such 
as placing vegetables in bags or combining 2 or 
more types of vegetables or fruits in a single 
package); the addition of ascorbic acid or other 
preservatives to prevent oxidation of produce; 
butchering livestock and poultry; cleaning fish; 
and the pasteurization of milk. 
‘‘(F) STATE.—The term ‘State’ means any 
of the several States, the District of Columbia, 
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the Commonwealth of Puerto Rico, or any other 
territory or possession of the United States.’’. 
Æ 
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