I 

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. 

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 ‘‘School Enhancement 

5 of Talented Students Act’’ or the ‘‘School EATS Act’’. 

6 SEC. 2. FINDING. 

7 Congress finds the following: 


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1 (1) According to the Secretary of Agriculture, 

2 in the school year beginning July 2007, the school 

3 lunch program under the Richard B. Russell Na4 tional School Lunch Act (42 U.S.C. 1751 et seq.) 

5 and the school breakfast program under the Child 

6 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) pro7 vided more than 31 million lunches and more than 

8 10 million breakfasts. 

9 (2) The calories and nutrients consumed at 

10 school and school-related activities are an important 

11 component of dietary intake of all school-age chil12 dren, and for most students, comprise of over half 

13 of daily caloric intake. 

14 (3) Commercially prepared products, including 

15 processed commodities, account for 40 percent of the 

16 available lunch entrees and were major sources of 

17 fat, sodium and calories in lunches. 

18 (4) Childhood obesity rates have tripled among 

19 kids ages 12 to 19 since 1980, with one-third of 

20 America’s youth now overweight or obese; impacting 

21 students in school, the readiness of the military, and 

22 rising health care costs. 

23 (5) Recently, States like West Virginia, have 

24 sought to exceed school meal guidelines set forth by 

25 Secretary of Agriculture by decreasing the amount 


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1 of fat and sodium served and increasing the servings 

2 of fruits and vegetables. 

3 (6) The Dietary Guidelines for Americans pub4 lished in June 2010 under section 301 of the Na5 tional Nutrition Monitoring and Related Research 

6 Act of 1990 (7 U.S.C. 5341) recommends that 

7 Americans improve nutrition literacy and cooking 

8 skills, and learn to prepare foods; schools have the 

9 opportunity to do the same for children. 

10 SEC. 3. SCHOOL EATS GRANT PROGRAM. 

11 Section 18 of the Richard B. Russell National School 

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

13 end the following: 

14 ‘‘(j) SCHOOL EATS GRANT PROGRAM.— 

15 ‘‘(1) IN GENERAL.—From the amounts appro16 priated under paragraph (10), the Secretary shall 

17 award grants, on a competitive basis, to eligible enti18 ties for the purpose of carrying out a program to re19 duce the amount of processed food served each day 

20 under the school lunch program established under 

21 this Act and the school breakfast program estab22 lished under section 4 of the Child Nutrition Act of 

23 1966 (42 U.S.C. 1773). 

24 ‘‘(2) DEADLINE FOR AWARDS.—The Secretary 

25 shall award grants under this subsection not later 


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1 than 90 days after the date funds are appropriated 

2 under paragraph (10) for each fiscal year. 

3 ‘‘(3) PRIORITY.—In awarding grants under this 

4 subsection, the Secretary shall give priority to eligi5 ble entities— 

6 ‘‘(A) in which at least 50 percent of the 

7 students enrolled in schools under the jurisdic8 tion of such eligible entities are eligible for free 

9 or reduced price meals; and 

10 ‘‘(B) located in a State in which the adult 

11 obesity rate, as determined by the Centers for 

12 Disease Control and Prevention, is not less 

13 than 30 percent and the child obesity rate, Cen14 ters for Disease Control and Prevention, is 

15 more than 30 percent. 

16 ‘‘(4) APPLICATION.—In order to receive a grant 

17 under this subsection, an eligible entity shall submit 

18 to the Secretary an application at such time, in such 

19 manner, and containing such information as the Sec20 retary may require. 

21 ‘‘(5) USES OF FUNDS.— 

22 ‘‘(A) REQUIRED USES.—An eligible entity 

23 receiving grant funds under this subsection 

24 shall use such funds to serve healthy, unproc25 essed foods under the school lunch program esVerDate Mar 15 2010 21:45 Jul 15, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5738.IH H5738

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1 tablished under this Act and the school break2 fast program established under section 4 of the 

3 Child Nutrition Act of 1966 (42 U.S.C. 1773) 

4 by— 

5 ‘‘(i) procuring such foods; 

6 ‘‘(ii) training food service staff at 

7 such schools to prepare such foods; and 

8 ‘‘(iii) purchasing equipment required 

9 to prepare such foods. 

10 ‘‘(B) LIMITED USES.—The Secretary shall 

11 determine the percentage of funds an eligible 

12 entity receives under this subsection that may 

13 be used by the entity for administrative costs. 

14 ‘‘(6) TECHNICAL ASSISTANCE.—The Secretary 

15 shall provide technical assistance on the procure16 ment of healthy, unprocessed foods to each eligible 

17 entity receiving a grant under this Act. 

18 ‘‘(7) WAIVER OF WEIGHT AND QUALITY RE19 QUIREMENTS.—During the period an eligible entity 

20 is carrying out the program described in this sub21 section with grant funds received under this sub22 section, the Secretary shall waive with respect to any 

23 foods offered or served under the program, any 

24 weight or quantity requirements under this Act or 

25 the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 


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1 seq.) with respect to foods served or offered under 

2 the school lunch program under this Act or the 

3 school breakfast program under section 4 of the 

4 Child Nutrition Act of 1966 (42 U.S.C. 1773). 

5 ‘‘(8) REPORTING REQUIREMENTS.—Each eligi6 ble entity receiving a grant under this section, not 

7 later than 90 days after the end of the first full 

8 school year the eligible entity receives such grant 

9 funds, shall prepare and submit to the Secretary a 

10 report on the program carried out with such funds, 

11 which shall include— 

12 ‘‘(A) the percentage of unprocessed foods 

13 served under the program; 

14 ‘‘(B) the number and percentage of stu15 dents that participated in the program; 

16 ‘‘(C) the health outcomes of such stu17 dents— 

18 ‘‘(i) as measured by a survey of stu19 dent responses that reflect eating habits of 

20 such students; or 

21 ‘‘(ii) other measures determined nec22 essary by the Secretary to accurately re23 flect the health of such students; and 

24 ‘‘(D) a complete budget breakdown of how 

25 such funds were used. 


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1 ‘‘(9) DEFINITION.—For purposes of this sub2 section, the term ‘eligible entity’ means— 

3 ‘‘(A) a State educational agency; 

4 ‘‘(B) a local educational agency; or 

5 ‘‘(C) a school food authority. 

6 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated $8,000,000 

8 to carry out this subsection for each of fiscal years 

9 2011 through 2014.’’. 

Æ 


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