[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1480 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1480

  To amend the Child Nutrition Act of 1966 to establish a program to 
 improve the health and education of children through grants to expand 
           school breakfast programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2009

Mr. Kohl (for himself, Mr. Feingold, Mr. Kerry, Mr. Durbin, Mr. Begich, 
Mr. Bingaman, and Mr. Tester) introduced the following bill; which was 
read twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Nutrition Act of 1966 to establish a program to 
 improve the health and education of children through grants to expand 
           school breakfast programs, and for other purposes.

    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 ``Student Breakfast and Education 
Improvement Act of 2009''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) approximately 60 percent of students in the United 
        States are eligible to receive free or reduced-price school 
        lunches under the school lunch program established under the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 
        seq.);
            (2) in fiscal year 2008, 8,520,000 students in the United 
        States consumed free or reduced-price school breakfasts 
        provided under the school breakfast program established by 
        section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
            (3) as of the date of enactment of this Act, approximately 
        83 percent of all public schools in the United States provide 
        9,500,000 school breakfasts each year under the program 
        established by section 4 of that Act (42 U.S.C. 1773) to at 
        least 130,000 students;
            (4) less than \1/2\ of the low-income students who 
        participate in the school lunch program also participate in the 
        school breakfast program;
            (5) many students who are eligible for reduced-price 
        breakfasts and lunches can afford only 1 of those meals per 
        day;
            (6) almost 17,000 schools that participate in the school 
        lunch program do not participate in the school breakfast 
        program;
            (7) as of August 2008, over 13,000,000 children, or 18 
        percent of all children, in the United States were living in 
        poverty, and, in 2007, and 11 percent of households in the 
        United States were food insecure;
            (8) missing breakfast and the resulting hunger has been 
        shown to lower the ability of children to learn and hinder 
        academic performance;
            (9) Provision 2 as established under subsections (b) 
        through (k) of section 245.9 of title 7, Code of Federal 
        Regulations (or successor regulations), reduces application and 
        administrative burdens for schools that provide universal free 
        meals;
            (10) schools electing to implement school breakfast 
        programs face significant hurdles, such as start-up costs and 
        lack of participation, that require various additional 
        resources for the best solution;
            (11) school districts that are participating in the 
        Provision 2 option described in paragraph (9) have found that 
        the school districts can often provide universal free breakfast 
        in schools with as little as 60 to 75 percent of students who 
        are eligible for free and reduced-price school meals due to the 
        savings realized from reduced administrative costs and improved 
        economies of scale;
            (12) studies suggest that eating breakfast closer to class 
        and test-taking time improves student performance on 
        standardized tests relative to students who skip breakfast or 
        have breakfast at home;
            (13) studies show that children experiencing hunger are 
        more likely to be hyperactive, absent, tardy, or have 
        behavioral or attention problems;
            (14) students who eat a complete breakfast have been shown 
        to make fewer mistakes and work faster in math exercises than 
        those who eat a partial breakfast;
            (15) eating school breakfast has been shown to improve math 
        grades, attendance, and punctuality;
            (16) providing breakfast in the classroom has been shown in 
        several instances to improve attentiveness and academic 
        performance, while reducing tardiness and disciplinary 
        referrals;
            (17) providing universal free breakfast, especially in the 
        classroom, has been shown to significantly increase school 
        breakfast participation rates and decrease absences and 
        tardiness;
            (18) studies suggest that children who eat breakfast have 
        more adequate nutrition and intake of nutrients, such as 
        calcium, fiber, protein, and vitamins A, E, D, and B6;
            (19) studies suggest that some students who participate in 
        the school breakfast program or other nutrition programs have a 
        lower body mass index and risk of being overweight; and
            (20) use of local produce--
                    (A) reduces dependence on foreign oil by reducing 
                fuel consumption rates associated with the production 
                or transportation of fruits and vegetables; and
                    (B) can help to improve the ability of individuals 
                using the procurement system to provide education on 
                nutrition, farming, sustainability, energy efficiency, 
                and the importance of local purchases to the local 
                economy.
    (b) Purpose.--The purpose of this Act is to improve student 
learning and the classroom environment through expanded and improved 
school breakfast programs, particularly universal programs provided 
during the school day.

SEC. 3. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO IMPROVE 
              HEALTH AND EDUCATION OF CHILDREN.

    The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended 
by adding at the end the following:

``SEC. 23. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO IMPROVE 
              HEALTH AND EDUCATION OF CHILDREN.

    ``(a) Definition of Qualifying School.--In this section, the term 
`qualifying school' means a school providing elementary or secondary 
education at least 65 percent of the students of which are eligible for 
free or reduced-price school lunches under the school lunch program 
established under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.).
    ``(b) Establishment.--The Secretary shall establish a program under 
which the Secretary shall provide grants, on a competitive basis, to 
local educational agencies or State educational agencies for use in 
accordance with this section.
    ``(c) Grants to Local Educational Agencies or State Educational 
Agencies.--The amount of grants provided by the Secretary to local 
educational agencies or State educational agencies for a fiscal year 
under this section shall not exceed the lesser of--
            ``(1) the product obtained by multiplying--
                    ``(A) the number of qualifying schools receiving 
                subgrants or other benefits under subsection (d) for 
                the fiscal year; and
                    ``(B) the maximum amount of a subgrant provided to 
                a qualifying school under subsection (d)(3)(B); or
            ``(2) $2,000,000.
    ``(d) Subgrants to Qualifying Schools.--
            ``(1) In general.--A local educational agency or State 
        educational agency receiving a grant under this section shall 
        use funds made available under the grant to award subgrants to 
        individual or groups of qualifying schools to carry out 
        activities in accordance with this section.
            ``(2) State and district support.--A local educational 
        agency or State educational agency may allocate a portion of 
        each subgrant to support State or local educational agency 
        activities in support of qualified schools for which it is more 
        efficient or appropriate to support the activities in a 
        centralized manner.
            ``(3) Amount; term.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, a subgrant provided by a local 
                educational agency or State educational agency to a 
                qualifying school under this section shall be in such 
                amount, and shall be provided for such term, as the 
                local educational agency or State educational agency, 
                respectively, determines appropriate.
                    ``(B) Maximum amount.--The amount of a subgrant 
                provided by a local educational agency or State 
                educational agency to a qualifying school under this 
                subsection shall not exceed--
                            ``(i) $50,000 for a single fiscal year; or
                            ``(ii) $100,000 for all fiscal years.
                    ``(C) Maximum grant term.--A local educational 
                agency or State educational agency shall not provide 
                subgrants to a qualifying school under this subsection 
                for more than 5 fiscal years.
    ``(e) Preference.--In providing grants and subgrants under this 
section, the Secretary, a local educational agency, and a State 
educational agency shall give priority to qualifying schools--
            ``(1) in which 75 percent or more of the students of which 
        are eligible for free or reduced-price school lunches under the 
        school lunch program established under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.); and
            ``(2) that demonstrate--
                    ``(A) an intent to use the grants or subgrants to 
                establish or support connections between the qualifying 
                schools and local agricultural producers and food 
                providers;
                    ``(B) that the qualifying schools have established, 
                or intend to establish, a universal free breakfast 
                program; or
                    ``(C) that the qualifying schools have considered, 
                or intend to establish, service methods that make 
                breakfast a part of the school day.
    ``(f) Best Practices.--Prior to awarding grants under this section, 
the Secretary shall make available to State educational agencies 
information regarding the most effective mechanisms by which to 
increase school breakfast participation among eligible children at 
qualifying schools.
    ``(g) Application.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, a local educational agency or State educational 
        agency shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require.
            ``(2) Administration.--In carrying out this section, the 
        Secretary shall--
                    ``(A) develop an appropriate application process; 
                and
                    ``(B) advertise the availability of funds under 
                this section to qualified schools, local educational 
                agencies, and State educational agencies.
    ``(h) Use of Funds.--
            ``(1) In general.--A qualifying school may use a grant 
        provided under this section--
                    ``(A) to establish, promote, or expand a school 
                breakfast program of the qualifying school under this 
                section, which shall include a nutritional education 
                component;
                    ``(B) to increase the quantity of local or fresh 
                food available under the school breakfast program of 
                the qualifying school under this section;
                    ``(C) to provide nutritional education materials to 
                students;
                    ``(D) to extend the period during which school 
                breakfast is available at the qualifying school;
                    ``(E) to provide school breakfast to students of 
                the qualifying school during the school day;
                    ``(F) to increase participation in the school 
                breakfast program, including through a universal free 
                breakfast program;
                    ``(G) to compensate for receipts no longer 
                collected from reduced and paid breakfasts when 
                operating a universal free breakfast program;
                    ``(H) to provide to students first-hand knowledge 
                of food systems, including through--
                            ``(i) occasional activities, such as 
                        inviting agricultural producers to speak at the 
                        qualifying school or offering student field 
                        trips to local agricultural projects;
                            ``(ii) integrating food system information 
                        into the curriculum (including mathematics and 
                        science classes) of the qualifying school; or
                            ``(iii) collaborating with nutrition 
                        experts, food banks, nonprofit organizations, 
                        and local farms to develop and integrate 
                        relevant service-learning opportunities into 
                        classroom instruction; or
                    ``(I) to collaborate with local institutions of 
                higher education or other research entities (including 
                hunger advocacy entities)--
                            ``(i) to compile data and reports relating 
                        to the school breakfast program of the 
                        qualifying school; and
                            ``(ii) to submit the data and reports to 
                        the Secretary.
            ``(2) Requirement.--Each activity of a qualifying school 
        under this subsection shall be carried out in accordance with 
        applicable nutritional guidelines and regulations issued by the 
        Secretary.
    ``(i) Maintenance of Effort.--Grants made available under this 
section shall not diminish or otherwise affect the expenditure of funds 
from State and local sources for the maintenance of the school 
breakfast program.
    ``(j) Reports.--
            ``(1) In general.--The Secretary, in consultation with 
        local educational agencies, State educational agencies, and 
        qualifying schools that receive grants and subgrants under this 
        section, shall submit to Congress an annual report describing 
        the impact of the school breakfast programs of the qualifying 
        schools on and classroom performance and environment.
            ``(2) Data collection.--The Secretary shall provide 
        guidance and minimum standards for data collection to grant 
        recipients and any collaborating local institutions of higher 
        education or research entities as necessary to ensure that 
        annual reports under this section are able to provide an 
        adequate qualitative and quantitative evaluation of the grant 
        impacts.
    ``(k) Evaluation.--Not later than 180 days before the end of a 
grant term under this section, a local educational agency or State 
educational agency that receives a grant under this section shall--
            ``(1) evaluate whether electing to provide universal free 
        breakfasts under the school breakfast program in accordance 
        with Provision 2 as established under subsections (b) through 
        (k) of section 245.9 of title 7, Code of Federal Regulations 
        (or successor regulations), would be cost-effective for the 
        qualified schools based on estimated administrative savings and 
        economies of scale; and
            ``(2) submit the results of the evaluation to the 
        Secretary.
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2010 through 2014.''.
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