[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5738 Introduced in House (IH)]

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.''.
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