[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5249 Introduced in House (IH)]
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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
reimbursement 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 Representatives 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:
(1) Across the United States, school food service 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 incentives for purchases and ease the
process of shifting existing procurement practices.
(3) Research suggests that providing financial incentives
to school food service directors for purchasing of locally
produced foods, can result in an overall positive economic
effect for farmers and local economies.
(4) In one such study, Cornell University researchers found
that providing an additional $0.05-per-lunch subsidy incentive
to school food service directors 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
economies.
(5) In a report on Michigan's ``10 Cents a Meal for School
Kids and Farms'' State pilot program, researchers found that
providing schools with up to $0.10-per-meal in incentive match
funding to purchase and serve Michigan-grown fruits,
vegetables, and dry beans resulted in an overall positive
economic 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, processed, and unprocessed foods from
small farmers, thereby providing healthier lunches for children and
creating a positive economic effect for small farmers and local
economies.
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 before subsection (b) the
following:
``(a) Locally Produced Foods Pilot Program.--
``(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 reimbursement 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 organization shall
submit an application to the Secretary 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 organizations under this
subsection, the Secretary shall select at least one
State or Indian tribal organization located in each of
the following regions 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 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
appropriate 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,
agricultural producers or groups of
agricultural producers, land-grant
colleges and universities, and
nonprofit entities;
``(VI) includes adequate and
participatory evaluation plans, as
determined 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
appropriate.
``(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
organization 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
organization with a demonstrated
commitment to farm-to-school
activities.
``(4) Use of funds.--
``(A) In general.--A State or Indian tribal
organization that receives a grant under this
subsection shall use the grant funds to provide 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 receives a grant under
this subsection shall provide, 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 includes--
``(i) the quantity of locally grown foods
annually purchased and served prior to a grant
under this subsection;
``(ii) the locally grown foods purchased
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 report to Congress that
includes--
``(i) an analysis of the pilot project
under this subsection;
``(ii) the data reported to the Secretary
by participating States and Indian tribal
organizations under subparagraph (A); and
``(iii) a benefit-cost ratio analysis
taking into account the increased economic
activity 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 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 allocation shall be made on a pro rata
basis determined 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 organization under this
subsection, not more than 3 percent may be used for
administrative expenses.
``(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:
``(A) Farm-to-school activities.--The term `farm-
to-school activities' includes the following
activities:
``(i) Planting and maintenance of farms or
gardens.
``(ii) Procurement from local agricultural
producers.
``(iii) Educational activities relating to
agriculture, nutrition, or food.
``(B) Locally produced.--The term `locally
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 `majority-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 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
incorporated 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
incorporated 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.
``(E) Unprocessed.--The term `unprocessed' 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 different kind or character: cooling;
refrigerating; freezing; size adjustment made by
peeling, slicing, dicing, cutting, chopping, shucking,
and grinding; forming ground products into patties
without any additives or fillers; drying/dehydration;
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, the
Commonwealth of Puerto Rico, or any other territory or
possession of the United States.''.
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