[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2763 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2763

   To authorize the Director of the Centers for Disease Control and 
Prevention to make grants to local educational agencies to support the 
   purchase or lease and use of vending machines that offer for sale 
                healthy foods and beverages in schools.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2005

  Mrs. Capps introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To authorize the Director of the Centers for Disease Control and 
Prevention to make grants to local educational agencies to support the 
   purchase or lease and use of vending machines that offer for sale 
                healthy foods and beverages in schools.

    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 at the the ``Student Nutrition and Health 
Act''.

SEC. 2. GRANTS FOR PROCUREMENT AND USE OF QUALIFIED VENDING MACHINES IN 
              SCHOOLS.

    (a) Grants Authorized.--The Director of the Centers for Disease 
Control and Prevention may make grants to local educational agencies 
for the purpose of assisting such agencies--
            (1) to purchase or lease qualified vending machines for 
        placement in elementary and secondary schools for the use of 
        students of such schools; and
            (2) to offset any loss of revenue incurred by the local 
        educational agency as a result of offering for sale healthy 
        foods and beverages in qualified vending machines.
    (b) Removal of Other Vending Machines and Use of Qualified Vending 
Machines.--As a condition for receiving a grant under subsection (a), 
the local educational agency shall agree--
            (1) to remove any vending machines that offer for sale 
        foods and beverages of minimal nutritional value from each 
        elementary or secondary school under its jurisdiction in which 
        qualified vending machines will be placed using the grant 
        funds; and
            (2) to use only qualified vending machines in such school 
        for such period as the Director may prescribe.
    (c) Maximum Portion Sizes.--As a further condition for receiving a 
grant under subsection (a), the local educational agency shall ensure 
that foods and beverages offered for sale in qualified vending machines 
will be limited to the following maximum portion sizes:
            (1) One and one-quarter ounces for crackers, popcorn, 
        cereal, trail mix, nuts, seeds, dried fruit, or jerky.
            (2) Two ounces for cereal bars.
            (3) Three ounces for bakery items, including muffins.
            (4) Three fluid ounces for frozen desserts.
            (5) Eight ounces for non-frozen yogurt.
            (6) Twelve ounces for beverages, excluding water.
            (7) Entree items and side dishes shall be no larger than 
        the portions of those foods served as part of the Federal 
        school meal program.
    (d) Applications.--To apply for a grant under this section, a local 
educational agency shall submit an application to the Director at such 
time, in such manner, and containing such information as the Director 
may require. A local educational agency may submit a new application 
for the purpose of applying to receive continuing grants for the 
purpose described in subsection (a)(2).
    (e) Definitions.--In this Act:
            (1) Foods and beverages of minimal nutritional value.--The 
        term ``foods and beverages of minimal nutritional value'' means 
        a food or beverage item which provides less than five percent 
        of the Reference Daily Intake (RDI) for protein, vitamin A, 
        vitamin C, niacin, riboflavin, thiamin, calcium, or iron per 
        serving.
            (2) Healthy foods and beverages.--
                    (A) The term ``healthy foods and beverages'' means 
                any food or beverage item that derives--
                            (i) 30 percent or less of its total 
                        calories from fat;
                            (ii) 10 percent or less of its total 
                        calories from saturated fat and trans fat; and
                            (iii) 35 percent or less of its total 
                        calories from sugars, excluding those sugars 
                        occurring naturally in fruits, vegetables, and 
                        dairy products.
                    (B) The term ``healthy foods and beverages'' 
                includes nuts, seeds, and flavored fluid milk.
            (3) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (4) Qualified vending machine.--The term ``qualified 
        vending machine'' means a vending machine that offers for sale 
        only healthy foods or beverages.
            (5) School.--The term ``school'' means any elementary 
        school (as defined by section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801)) and any 
        secondary school (as defined by such section).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director $100,000,000 for each of the fiscal years 
2006 through 2010 to carry out this section. Amounts so appropriated 
shall remain available until expended.
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