Text: H.R.5738 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (07/14/2010)


111th CONGRESS
2d Session
H. R. 5738

To amend the Richard B. Russell National School Lunch Act to carry out a pilot program to reduce the amount of processed food served each day under the school breakfast program or school lunch program.


IN THE HOUSE OF REPRESENTATIVES
July 14, 2010

Mr. Rahall (for himself, Mr. Mollohan, Mr. Rogers of Kentucky, Mr. Thompson of Mississippi, and Mrs. Capito) 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 carry out a pilot program to reduce the amount of processed food served each day under the school breakfast program or school lunch program.

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 “School Enhancement of Talented Students Act” or the “School EATS Act”.

SEC. 2. Finding.

Congress finds the following:

(1) According to the Secretary of Agriculture, in the school year beginning July 2007, the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) provided more than 31 million lunches and more than 10 million breakfasts.

(2) The calories and nutrients consumed at school and school-related activities are an important component of dietary intake of all school-age children, and for most students, comprise of over half of daily caloric intake.

(3) Commercially prepared products, including processed commodities, account for 40 percent of the available lunch entrees and were major sources of fat, sodium and calories in lunches.

(4) Childhood obesity rates have tripled among kids ages 12 to 19 since 1980, with one-third of America’s youth now overweight or obese; impacting students in school, the readiness of the military, and rising health care costs.

(5) Recently, States like West Virginia, have sought to exceed school meal guidelines set forth by Secretary of Agriculture by decreasing the amount of fat and sodium served and increasing the servings of fruits and vegetables.

(6) The Dietary Guidelines for Americans published in June 2010 under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) recommends that Americans improve nutrition literacy and cooking skills, and learn to prepare foods; schools have the opportunity to do the same for children.

SEC. 3. School EATS Grant Program.

Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following:

“(j) School EATS Grant Program.—

“(1) IN GENERAL.—From the amounts appropriated under paragraph (10), the Secretary shall award grants, on a competitive basis, to eligible entities for the purpose of carrying out a program to reduce the amount of processed food served each day under the school lunch program established under this Act and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

“(2) DEADLINE FOR AWARDS.—The Secretary shall award grants under this subsection not later than 90 days after the date funds are appropriated under paragraph (10) for each fiscal year.

“(3) PRIORITY.—In awarding grants under this subsection, the Secretary shall give priority to eligible entities—

“(A) in which at least 50 percent of the students enrolled in schools under the jurisdiction of such eligible entities are eligible for free or reduced price meals; and

“(B) located in a State in which the adult obesity rate, as determined by the Centers for Disease Control and Prevention, is not less than 30 percent and the child obesity rate, Centers for Disease Control and Prevention, is more than 30 percent.

“(4) APPLICATION.—In order to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(5) USES OF FUNDS.—

“(A) REQUIRED USES.—An eligible entity receiving grant funds under this subsection shall use such funds to serve healthy, unprocessed foods under the school lunch program established under this Act and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) by—

“(i) procuring such foods;

“(ii) training food service staff at such schools to prepare such foods; and

“(iii) purchasing equipment required to prepare such foods.

“(B) LIMITED USES.—The Secretary shall determine the percentage of funds an eligible entity receives under this subsection that may be used by the entity for administrative costs.

“(6) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance on the procurement of healthy, unprocessed foods to each eligible entity receiving a grant under this Act.

“(7) WAIVER OF WEIGHT AND QUALITY REQUIREMENTS.—During the period an eligible entity is carrying out the program described in this subsection with grant funds received under this subsection, the Secretary shall waive with respect to any foods offered or served under the program, any weight or quantity requirements under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to foods served or offered under the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

“(8) REPORTING REQUIREMENTS.—Each eligible entity receiving a grant under this section, not later than 90 days after the end of the first full school year the eligible entity receives such grant funds, shall prepare and submit to the Secretary a report on the program carried out with such funds, which shall include—

“(A) the percentage of unprocessed foods served under the program;

“(B) the number and percentage of students that participated in the program;

“(C) the health outcomes of such students—

“(i) as measured by a survey of student responses that reflect eating habits of such students; or

“(ii) other measures determined necessary by the Secretary to accurately reflect the health of such students; and

“(D) a complete budget breakdown of how such funds were used.

“(9) DEFINITION.—For purposes of this subsection, the term ‘eligible entity’ means—

“(A) a State educational agency;

“(B) a local educational agency; or

“(C) a school food authority.

“(10) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $8,000,000 to carry out this subsection for each of fiscal years 2011 through 2014.”.