Small Farm to School Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7831 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 and unproc- essed foods, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 29, 2020 Mr. DELGADO (for himself and Mr. SENSENBRENNER) 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 and unproc- essed foods, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Small Farm to School 4 Act of 2020’’. 5 SEC. 2. FINDINGS AND PURPOSE. 6 (a) FINDINGS.—Congress finds the following: 7 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7831 IH (1) Across the United States, school food serv- 1 ice directors of school lunch programs face very tight 2 budgets, and many find it challenging to shift their 3 procurement practices without additional support. 4 (2) One way to encourage school food service 5 directors to procure more locally-produced and un- 6 processed foods is to offer reimbursements to pro- 7 vide financial incentives for purchases and ease the 8 process of shifting existing procurement practices. 9 (3) Research suggests that providing financial 10 incentives to school food service directors for pur- 11 chasing of locally-produced and unprocessed foods, 12 can result in an overall positive economic effect for 13 farmers and local economies. 14 (4) In one such study, Cornell University re- 15 searchers found that providing an additional $0.05- 16 per-lunch subsidy incentive to school food service di- 17 rectors in New York State that use local fruits or 18 vegetables one day per week would have an overall 19 positive economic effect for farmers and local econo- 20 mies. 21 (5) In a report on Michigan’s ‘‘10 Cents a Meal 22 for School Kids and Farms’’ State pilot program, re- 23 searchers found that providing schools with up to 24 $0.10-per-meal in incentive match funding to pur- 25 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7831 IH chase and serve Michigan-grown fruits, vegetables, 1 and dry beans resulted in an overall positive eco- 2 nomic effect for the State’s economy, doubling the 3 investment of such State in the program. 4 (b) PURPOSE.—The purpose of this Act is to provide 5 incentives for school food service directors of school lunch 6 programs to increase purchases of locally-produced and 7 unprocessed foods from small farmers, thereby providing 8 healthier lunches for children and creating a positive eco- 9 nomic effect for small farmers and local economies. 10 SEC. 3. LOCALLY-PRODUCED AND UNPROCESSED FOODS 11 PILOT PROGRAM. 12 Section 18 of the Richard B. Russell National School 13 Lunch Act (42 U.S.C. 1769) is amended by inserting be- 14 fore subsection (b) the following: 15 ‘‘(a) LOCALLY-PRODUCED AND UNPROCESSED 16 FOODS PILOT PROGRAM.— 17 ‘‘(1) IN GENERAL.—The Secretary shall carry 18 out a grant program to make 3-year grants to 8 19 States or Indian tribal organizations to provide 20 school food authorities with an increased reimburse- 21 ment for free and reduced price lunches that are 22 qualified lunches (as defined in paragraph (10)). 23 ‘‘(2) APPLICATION.—To be eligible to receive a 24 grant under this subsection, a State or Indian tribal 25 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7831 IH organization shall submit an application to the Sec- 1 retary at such time, in such manner, and containing 2 such information as the Secretary may require. 3 ‘‘(3) SELECTION OF STATES.— 4 ‘‘(A) REGIONAL REQUIREMENT.—In 5 awarding grants to States or Indian tribal orga- 6 nizations under this subsection, the Secretary 7 shall select at least one State or Indian tribal 8 organization located in each of the following re- 9 gions designated by the Administrator of the 10 Food and Nutrition Service: 11 ‘‘(i) The Mid-Atlantic Region. 12 ‘‘(ii) The Midwest Region. 13 ‘‘(iii) The Mountain Plains Region. 14 ‘‘(iv) The Northeast Region. 15 ‘‘(v) The Southern Region. 16 ‘‘(vi) The Southwest Region. 17 ‘‘(vii) The Western Region. 18 ‘‘(B) PRIORITY.— 19 ‘‘(i) HIGHEST PRIORITY.—To the 20 maximum extent practicable, in awarding 21 grants under this subsection, the Secretary 22 shall give the highest priority to a State or 23 Indian tribal organization that proposes in 24 an application under paragraph (2) to 25 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7831 IH carry out a project that, as determined by 1 the Secretary— 2 ‘‘(I) makes local food products 3 available on the menu of the eligible 4 institution; 5 ‘‘(II) serves a high proportion of 6 children who are eligible for free or 7 reduced price meals; 8 ‘‘(III) incorporates experiential, 9 and traditional and culturally appro- 10 priate nutrition, food, or agricultural 11 education activities in curriculum 12 planning; 13 ‘‘(IV) serves a high proportion of 14 children from socially disadvantaged 15 backgrounds; 16 ‘‘(V) demonstrates collaboration 17 between State and local agencies, 18 Tribal organizations and agencies, ag- 19 ricultural producers or groups of agri- 20 cultural producers, land-grant colleges 21 and universities, and nonprofit enti- 22 ties; 23 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7831 IH ‘‘(VI) includes adequate and 1 participatory evaluation plans, as de- 2 termined by the Secretary; 3 ‘‘(VII) demonstrates the potential 4 for long-term sustainability; 5 ‘‘(VIII) increases the availability 6 of locally-produced and unprocessed 7 foods to children; and 8 ‘‘(IX) meets any other criteria 9 that the Secretary determines appro- 10 priate. 11 ‘‘(ii) ADDITIONAL PRIORITY.—In 12 awarding grants to States or Indian tribal 13 organizations under this subsection, the 14 Secretary shall, in addition to the priority 15 described in clause (i), give priority to— 16 ‘‘(I) a State or Indian tribal or- 17 ganization with a high quantity and 18 variety of growers of local fruits and 19 vegetables on a per capita basis; and 20 ‘‘(II) a State or Indian tribal or- 21 ganization with a demonstrated com- 22 mitment to farm-to-school activities. 23 ‘‘(4) USE OF FUNDS.— 24 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 7831 IH ‘‘(A) IN GENERAL.—A State or Indian 1 tribal organization that receives a grant under 2 this subsection shall use the grant funds to pro- 3 vide to an additional 2.5 cents reimbursement 4 to each school food authority located in such 5 State for each qualified lunch served by such 6 school food authority. 7 ‘‘(B) MATCHING FUNDS REQUIREMENT.— 8 A State or Indian tribal organization that re- 9 ceives a grant under this subsection shall pro- 10 vide, toward the cost of the activities assisted 11 under the grant, from non-Federal sources, an 12 amount equal to 100 percent of the amount of 13 the grant. 14 ‘‘(5) REPORTS.— 15 ‘‘(A) STATE REPORT.—Not later than 1 16 year after the date of the enactment of this 17 subsection, a State or Indian tribal organization 18 awarded a grant under this subsection shall 19 submit a report to the Secretary that in- 20 cludes— 21 ‘‘(i) the quantity of locally-grown and 22 unprocessed foods annually purchased and 23 served prior to a grant under this sub- 24 section; 25 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 7831 IH ‘‘(ii) the locally-grown and unproc- 1 essed foods purchased and served pursuant 2 to a grant under this subsection; 3 ‘‘(iii) the source, quantity, and cost of 4 each such food described in clauses (i) and 5 (ii); and 6 ‘‘(iv) an assessment of the activities 7 carried out by such State pursuant to such 8 grant. 9 ‘‘(B) DEPARTMENT REPORT.—Not later 10 than 1 year after the date of the enactment of 11 this subsection, the Secretary shall submit a re- 12 port to Congress that includes— 13 ‘‘(i) an analysis of the pilot project 14 under this subsection; 15 ‘‘(ii) the data reported to the Sec- 16 retary by participating States and Indian 17 tribal organizations under subparagraph 18 (A); and 19 ‘‘(iii) a benefit-cost ratio analysis tak- 20 ing into account the increased economic ac- 21 tivity on farms, input suppliers, and others 22 employed in the food distribution sector. 23 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Grant 24 funds provided under this subsection shall be used to 25 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 7831 IH supplement, not supplant, other Federal or State 1 funds available to carry out activities described in 2 this subsection. 3 ‘‘(7) ALLOCATION OF FUNDS.— 4 ‘‘(A) IN GENERAL.—Of the funds made 5 available to carry out this subsection in a fiscal 6 year, the Secretary shall make an allocation to 7 the 8 States or Indian tribal organizations 8 awarded a grant under this subsection. Such al- 9 location shall be made on a pro rata basis de- 10 termined by the total number of reimbursable 11 meals served during the previous school year. 12 ‘‘(B) ADMINISTRATIVE.—Of the funds 13 made available to a State or Indian tribal orga- 14 nization under this subsection, not more than 3 15 percent may be used for administrative ex- 16 penses. 17 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 18 There is authorized to be appropriated to carry out 19 this subsection $20,000,000 for fiscal year 2020 and 20 each succeeding fiscal year, to remain available until 21 expended. 22 ‘‘(9) DEFINITIONS.—In this subsection: 23 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 7831 IH ‘‘(A) FARM-TO-SCHOOL ACTIVITIES.—The 1 term ‘farm-to-school activities’ includes the fol- 2 lowing activities: 3 ‘‘(i) Planting and maintenance of 4 farms or gardens. 5 ‘‘(ii) Procurement from local agricul- 6 tural producers. 7 ‘‘(iii) Educational activities relating to 8 agriculture, nutrition, or food. 9 ‘‘(B) LOCALLY-PRODUCED.—The term ‘lo- 10 cally-produced’ means food that is— 11 ‘‘(i) raised, produced, and distributed 12 in a locality that is less than 400 miles 13 from the point of sale of such food, or 14 ‘‘(ii) raised, produced, distributed, and 15 sold within the same State, territory, or 16 Tribal land. 17 ‘‘(C) MAJORITY-CONTROLLED PRODUCER- 18 BASED BUSINESS VENTURE.—The term ‘major- 19 ity-controlled producer-based venture’ has the 20 meaning given the term in section 210A for the 21 Agricultural Marketing Act of 1946 (7 U.S.C. 22 1627(c)). 23 ‘‘(D) QUALIFIED LUNCH.—The term 24 ‘qualified lunch’ means a lunch served by a 25 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 7831 IH school food authority under this Act of which at 1 least one component of such lunch is comprised 2 entirely of locally-produced and unprocessed 3 foods procured directly from— 4 ‘‘(i) an independent producer; 5 ‘‘(ii) an agricultural producer group, 6 farmer, or rancher cooperative or majority- 7 controlled producer-based venture— 8 ‘‘(I) that is privately held and in- 9 corporated within a 400-mile radius of 10 the school food authority procuring 11 such locally-produced and unprocessed 12 foods; and 13 ‘‘(II) of which the majority of the 14 owners are located within a 400-mile 15 radius of such school food authority; 16 or 17 ‘‘(iii) an intermediary— 18 ‘‘(I) that is privately held and in- 19 corporated within a 400-mile radius of 20 the school food authority procuring 21 such locally-produced and unprocessed 22 foods; and 23 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 7831 IH ‘‘(II) of which the majority of the 1 owners are located within a 400-mile 2 radius of such school food authority. 3 ‘‘(E) UNPROCESSED.—The term ‘unproc- 4 essed’ means only those agricultural products 5 that retain their inherent character. The effects 6 of the following food handling and preservation 7 techniques shall not be considered as changing 8 an agricultural product into a product of a dif- 9 ferent kind or character: cooling; refrigerating; 10 freezing; size adjustment made by peeling, slic- 11 ing, dicing, cutting, chopping, shucking, and 12 grinding; forming ground products into patties 13 without any additives or fillers; drying/dehydra- 14 tion; washing; packaging (such as placing eggs 15 in cartons), vacuum packing and bagging (such 16 as placing vegetables in bags or combining 2 or 17 more types of vegetables or fruits in a single 18 package); the addition of ascorbic acid or other 19 preservatives to prevent oxidation of produce; 20 butchering livestock and poultry; cleaning fish; 21 and the pasteurization of milk. 22 ‘‘(F) STATE.—The term ‘State’ means any 23 of the several States, the District of Columbia, 24 VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 7831 IH the Commonwealth of Puerto Rico, or any other 1 territory or possession of the United States.’’. 2 Æ VerDate Sep 11 2014 23:24 Aug 17, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\H7831.IH H7831 kjohnson on DSK79L0C42PROD with BILLS