I 

111TH CONGRESS 

2D SESSION H. R. 4638 

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. 

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

3 SECTION 1. HEALTHY START ACT. 

4 This Act may be cited as the ‘‘Healthy Start Act’’. 

5 SEC. 2. COMMODITY ASSISTANCE FOR THE SCHOOL BREAK6 FAST PROGRAM. 

7 Section 6 of the Richard B. Russell National School 

8 Lunch Act (42 U.S.C. 1755) is amended— 


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1 (1) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) COMMODITY ASSISTANCE FOR THE SCHOOL

4 LUNCH AND BREAKFAST PROGRAMS.—Not later than 

5 September 30 of the following school year, the Secretary 

6 shall deliver to each State participating in— 

7 ‘‘(1) the school lunch program established 

8 under this Act, commodities valued at the total level 

9 of assistance authorized under subsection (c) for 

10 each school year for the school lunch program in the 

11 State; and 

12 ‘‘(2) the school breakfast program established 

13 under section 4 of the Child Nutrition Act of 1966 

14 (42 U.S.C. 1773), commodities valued at the total 

15 level of assistance authorized under subsection (d) 

16 for each school year for the school breakfast pro17 gram in the State.’’; and 

18 (2) by striking subsection (d) and inserting the 

19 following: 

20 ‘‘(d) VALUE OF DONATED FOODS FOR THE SCHOOL

21 BREAKFAST PROGRAM.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 in the case of the school breakfast program estab24 lished under the Child Nutrition Act of 1966 (42 


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1 U.S.C. 1771 et seq.), the value of donated foods 

2 shall be 5 cents. 

3 ‘‘(2) ADJUSTMENT.— 

4 ‘‘(A) IN GENERAL.—The value of donated 

5 foods under paragraph (1) shall be adjusted on 

6 July 1, 2011, and each July 1 thereafter, to re7 flect changes in the Price Index for Food Used 

8 in Schools and Institutions. 

9 ‘‘(B) FOOD COMPONENTS.— 

10 ‘‘(i) IN GENERAL.—The Index shall be 

11 computed using 5 major food components 

12 of the Producer Price Index of the Bureau 

13 of Labor Statistics (cereal and bakery 

14 products, meats, poultry and fish, dairy 

15 products, processed fruits and vegetables, 

16 and fats and oils). 

17 ‘‘(ii) WEIGHTING.—Each component 

18 shall be weighed using the same relative 

19 weight as determined by the Bureau of 

20 Labor Statistics. 

21 ‘‘(C) TIME PERIOD.—The value of food as22 sistance for each meal shall be adjusted each 

23 July 1 by the annual percentage change in a 3- 

24 month average value of the Price Index for 


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1 Foods Used in Schools and Institutions for 

2 March, April, and May each year. 

3 ‘‘(D) ROUNDING.—The adjustment shall 

be computed to the nearest 1 4 ⁄4 cent. 

5 ‘‘(3) CALCULATION.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), for each school year, the total 

8 amount of commodity assistance, or cash in lieu 

9 of commodity assistance, available to a State 

10 for the school breakfast program shall be the 

11 product obtained by multiplying— 

12 ‘‘(i) the number of breakfasts served 

13 in the preceding school year; by 

14 ‘‘(ii) the rate established under para15 graph (2). 

16 ‘‘(B) RECONCILIATION.—After the end of 

17 each school year, the Secretary shall— 

18 ‘‘(i) reconcile the number of break19 fasts served by schools in each State with 

20 the number of breakfasts served by schools 

21 in each State during the preceding school 

22 year; and 

23 ‘‘(ii) increase or reduce subsequent 

24 commodity assistance, or cash in lieu of 


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1 commodity assistance, provided to each 

2 State based on the reconciliation.’’. 

Æ 


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