I 

111TH CONGRESS 

1ST SESSION H. R. 2322 

To amend section 18 of the Richard B. Russell National School Lunch 

Act to establish a pilot program that requires schools to post nutritional 

content information regarding foods served at schools and to teach students how to make healthy food selections, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2009 

Mr. BRALEY of Iowa (for himself, Mr. COURTNEY, Mr. LOEBSACK, and Mr. 

HARE) introduced the following bill; which was referred to the Committee 

on Education and Labor 

A BILL 

To amend section 18 of the Richard B. Russell National 

School Lunch Act to establish a pilot program that requires schools to post nutritional content information 

regarding foods served at schools and to teach students 

how to make healthy food selections, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Healthy Food Choices 

5 for Kids Act’’. 


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1 SEC. 2. SCHOOL LUNCH LABELING AND NUTRITIONAL 

2 AWARENESS PILOT PROGRAM. 

3 Section 18 of the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1769) is amended by adding at the 

5 end the following— 

6 ‘‘(j) SCHOOL LUNCH LABELING AND NUTRITIONAL

7 AWARENESS PILOT PROGRAM.— 

8 ‘‘(1) IN GENERAL.—Subject to the availability 

9 of funds under paragraph (7), the Secretary shall 

10 award grants to not more than 10 States to assist 

11 not more than 10 schools in each of such States in 

12 carrying out a pilot program in accordance with 

13 paragraph (5) that requires schools— 

14 ‘‘(A) to post nutritional content informa15 tion in school cafeterias regarding the food 

16 items served in the cafeterias; and 

17 ‘‘(B) to teach students about how to make 

18 healthy food selections. 

19 ‘‘(2) GRANT AMOUNTS.—The Secretary shall 

20 ensure that each grant awarded is of sufficient size 

21 and scope to carry out the pilot program described 

22 in this subsection. 

23 ‘‘(3) DURATION OF GRANTS.—The Secretary 

24 may award grants for multiple years to States that 

25 meet the grant requirements described in paragraph 

26 (4). 


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1 ‘‘(4) GRANT REQUIREMENTS.—To qualify to re2 ceive a grant under this subsection, a State shall 

3 submit an application to the Secretary at such time, 

4 in such manner, and containing such information 

5 and assurances as the Secretary may require, includ6 ing— 

7 ‘‘(A) an assurance that the State will en8 sure that each school awarded a subgrant under 

9 this subsection meets the pilot program require10 ments described in paragraph (5) within 1 year 

11 of such subgrant award; 

12 ‘‘(B) a plan to inform all the schools with13 in the State about the pilot program and the 

14 school application requirements described in 

15 paragraph (5); 

16 ‘‘(C) an assurance that the State will use 

17 not less than 95 percent of the grant funds to 

18 award subgrants to schools in accordance with 

19 this subsection; 

20 ‘‘(D) an assurance that the State will 

21 award such subgrants to at least 3, but not 

22 more than 5, schools in such State that have in 

23 effect at the date of the enactment of this sub24 section a program to provide nutritional content 

25 information regarding food items served in the 


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1 cafeterias of such schools to students attending 

2 such schools; and 

3 ‘‘(E) an assurance that the State will 

4 award such subgrants to at least 3, but not 

5 more than 5, schools that are located in the 

6 rural areas of such State. 

7 ‘‘(5) SUBGRANT REQUIREMENTS.—To qualify 

8 to receive a subgrant under this subsection, a school 

9 shall submit an application to a State receiving a 

10 grant under this subsection at such time, in such 

11 manner, and containing such information and assur12 ances as the Secretary may require, including— 

13 ‘‘(A) a plan for implementing the pilot pro14 gram, including— 

15 ‘‘(i) efforts to ensure that nutritional 

16 content information, including caloric in17 formation, regarding the food items served 

18 in the school’s cafeteria is posted in a visi19 ble location at the point of decision in the 

20 cafeteria and that such information is 

21 readable and appropriate for the students 

22 who attend the school and the parents or 

23 legal guardians of such students; 

24 ‘‘(ii) efforts to develop and implement, 

25 or expand a school wellness program or 


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1 other nutritional awareness program in ef2 fect at the date of enactment of this sub3 section to include an educational program 

4 to teach students at the school about mak5 ing healthy food selections; and 

6 ‘‘(iii) efforts to consult with a licensed 

7 nutritionist, registered dietitian, school nu8 trition specialist, or professional with simi9 lar qualifications at least once a year re10 garding the pilot program requirements de11 scribed in clauses (i) and (ii) and any re12 lated nutritional matters; 

13 ‘‘(B) a certification of support for partici14 pation in the pilot program signed by the school 

15 food manager, school nurse, school principal, 

16 and district superintendent (or equivalent posi17 tions, as determined by the school); and 

18 ‘‘(C) whether the school plans to post the 

19 nutritional content information described in 

20 subparagraph (A)(i) on the school’s website. 

21 ‘‘(6) GUIDANCE; ENCOURAGEMENT.— 

22 ‘‘(A) GUIDANCE.—The Secretary shall pro23 vide guidance to the States and schools receiv24 ing grants or subgrants under this subsection 


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1 to assist such States and schools in meeting the 

2 requirements of this subsection. 

3 ‘‘(B) ENCOURAGEMENT.—The Secretary 

4 shall encourage schools receiving subgrants 

5 under this subsection to post the nutritional 

6 content information, including caloric informa7 tion, regarding food items served at the school 

8 on the school’s website. 

9 ‘‘(7) REPORTS.— 

10 ‘‘(A) Each State receiving grant funds 

11 under this subsection shall submit a report at 

12 such time, in such manner, and containing such 

13 information as the Secretary may require. 

14 ‘‘(B) Not later than 1 year after the effec15 tive date of this subsection and every 2 years 

16 thereafter, the Secretary shall submit a report 

17 to the Committee on Education and Labor of 

18 the House of Representatives and the Com19 mittee on Agriculture, Nutrition and Forestry 

20 of the Senate that contains— 

21 ‘‘(i) the number of schools receiving 

22 subgrants under this subsection; and 

23 ‘‘(ii) a detailed description of the sta24 tus of the pilot program carried out by 

25 each school under this subsection, includVerDate Nov 24 2008 00:49 May 09, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2322.IH H2322

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1 ing a list of program accomplishments and 

2 challenges, and an evaluation of the effec3 tiveness of the program, in each school. 

4 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated such funds 

6 as necessary to carry out this subsection. 

7 ‘‘(9) DEFINITIONS.—In this subsection: 

8 ‘‘(A) LICENSED NUTRITIONIST.—The term 

9 ‘licensed nutritionist’ means any person who 

10 meets the educational and training require11 ments under applicable State law and the 

12 credentialing requirements of the applicable 

13 professional association, if any, to become a li14 censed nutritionist. 

15 ‘‘(B) REGISTERED DIETITIAN.—The term 

16 ‘registered dietitian’ means any person who 

17 meets the educational and training require18 ments to become credentialed as a registered di19 etitian by the Commission on Dietetic Registra20 tion. 

21 ‘‘(C) SCHOOL NUTRITION SPECIALIST.— 

22 The term ‘school nutrition specialist’ means any 

23 person who meets the educational and training 

24 requirements to become credentialed as a school 


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1 nutrition specialist by the School Nutrition As2 sociation.’’. 

3 SEC. 3. EFFECTIVE DATE. 

4 This Act and the amendments made by this Act shall 

5 take effect not later than 180 days after the date of the 

6 enactment of this Act. 

Æ 


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