I 111th CONGRESS 2d Session H. R. 4638 IN THE HOUSE OF REPRESENTATIVES February 22, 2010 Ms. Herseth Sandlin (for herself, Mrs. Emerson, Mr. Shuler, Mr. Thompson of Mississippi, and Mr. Himes) 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 provide commodity assistance to States participating in the school breakfast program established under the Child Nutrition Act of 1966.

1.

Healthy Start Act

This Act may be cited as the Healthy Start Act.

2.

Commodity assistance for the school breakfast program

Section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755) is amended— (1)by striking subsection (b) and inserting the following: (b)

Commodity assistance for the school lunch and breakfast programs

Not later than September 30 of the following school year, the Secretary shall deliver to each State participating in— (1)the school lunch program established under this Act, commodities valued at the total level of assistance authorized under subsection (c) for each school year for the school lunch program in the State; and (2)the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), commodities valued at the total level of assistance authorized under subsection (d) for each school year for the school breakfast program in the State. ; and (2)by striking subsection (d) and inserting the following: (d)

Value of donated foods for the school breakfast program

(1)

In general

Subject to paragraph (2), in the case of the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the value of donated foods shall be 5 cents. (2)

Adjustment

(A)

In general

The value of donated foods under paragraph (1) shall be adjusted on July 1, 2011, and each July 1 thereafter, to reflect changes in the Price Index for Food Used in Schools and Institutions. (B)

Food components

(i)

In general

The Index shall be computed using 5 major food components of the Producer Price Index of the Bureau of Labor Statistics (cereal and bakery products, meats, poultry and fish, dairy products, processed fruits and vegetables, and fats and oils). (ii)

Weighting

Each component shall be weighed using the same relative weight as determined by the Bureau of Labor Statistics. (C)

Time period

The value of food assistance for each meal shall be adjusted each July 1 by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year. (D)

Rounding

The adjustment shall be computed to the nearest 1/4 cent. (3)

Calculation

(A)

In general

Subject to subparagraph (B), for each school year, the total amount of commodity assistance, or cash in lieu of commodity assistance, available to a State for the school breakfast program shall be the product obtained by multiplying— (i)the number of breakfasts served in the preceding school year; by (ii)the rate established under paragraph (2). (B)

Reconciliation

After the end of each school year, the Secretary shall— (i)reconcile the number of breakfasts served by schools in each State with the number of breakfasts served by schools in each State during the preceding school year; and (ii)increase or reduce subsequent commodity assistance, or cash in lieu of commodity assistance, provided to each State based on the reconciliation. .