†
675
HR 2419 EAS
of 1973 (7 U.S.C. 612c note; Public Law 93–86) is
amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘each of
fiscal years 2003 through 2007’’ and inserting
‘‘fiscal year 2008 and each fiscal year there-
after’’; and
(B) in paragraph (2)(B), by striking ‘‘(B)
FISCAL YEARS 2004 THROUGH 2007.—’’ and all
that follows through ‘‘2007’’ and inserting the
following:
‘‘(B) SUBSEQUENT FISCAL YEARS.—For fis-
cal year 2004 and each subsequent fiscal year’’;
(2) in subsection (d)(2), by striking ‘‘each of the
fiscal years 1991 through 2007’’ and inserting ‘‘fiscal
year 2008 and each fiscal year thereafter’’; and
(3) in subsection (g)—
(A) by striking ‘‘If a local’’ and inserting
the following:
‘‘(1) IN GENERAL.—If a local’’; and
(B) by adding at the end the following:
‘‘(2) STATE OPTION.—Subject to a determination
by the Secretary that annual appropriations have en-
abled every State seeking to participate in the com-
modity supplemental food program to participate in
†
676
HR 2419 EAS
that program, a State may serve low-income persons
aged 60 and older that have a household income that
is not more than 185 percent of the most recent an-
nual Federal Poverty Income Guidelines published by
the Department of Health and Human Services, if—
‘‘(A) the State has submitted to the Sec-
retary justification for that service; and
‘‘(B) the Secretary has approved the request
of the State.’’.
(d) DISTRIBUTION
OF SURPLUS COMMODITIES
TO
SPECIAL NUTRITION PROJECTS.—Section 1114(a)(2)(A) of
the Agriculture and Food Act of 1981 (7 U.S.C.
1431e(2)(A)) is amended in the first sentence by striking
‘‘2007’’ and inserting ‘‘2012’’.
SEC. 4803. NUTRITION INFORMATION AND AWARENESS
PILOT PROGRAM.
Section 4403(f) of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 3171 note; Public Law 107–
171) is amended by striking ‘‘2007’’ and inserting ‘‘2012’’.
Subtitle F—Miscellaneous
SEC. 4901. PERIODIC SURVEYS OF FOODS PURCHASED BY
SCHOOL FOOD AUTHORITIES.
Section 6 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1755) is amended by adding at the
end the following:
†
677
HR 2419 EAS
‘‘(f) PERIODIC SURVEYS OF FOODS PURCHASED BY
SCHOOL FOOD AUTHORITIES.—
‘‘(1) IN GENERAL.—For fiscal year 2008 and
every fifth fiscal year thereafter, the Secretary shall
carry out a nationally representative survey of the
foods purchased during the most recent school year for
which data is available by school authorities partici-
pating in the national school lunch program.
‘‘(2) REPORT.—On completion of each survey,
the Secretary shall submit to Congress a report that
describes the results of the survey.
‘‘(3) FUNDING.—Of the funds made available
under section 3, the Secretary shall use to carry out
this subsection not more than $3,000,000 for fiscal
year 2008 and every fifth fiscal year thereafter.’’.
SEC. 4902. PURCHASES OF LOCALLY GROWN FRUITS AND
VEGETABLES.
Section 9(j) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(j)) is amended to read as fol-
lows:
‘‘(j) PURCHASES OF LOCALLY GROWN FRUITS AND
VEGETABLES.—The Secretary shall—
‘‘(1) encourage institutions receiving funds under
this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) to purchase locally grown fruits
†
678
HR 2419 EAS
and vegetables, to the maximum extent practicable
and appropriate;
‘‘(2) advise institutions participating in a pro-
gram described in paragraph (1) of the policy de-
scribed in that paragraph and post information con-
cerning the policy on the website maintained by the
Secretary; and
‘‘(3) allow institutions receiving funds under this
Act and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), including the Department of Defense, to
use a geographic preference for the procurement of lo-
cally grown fruits and vegetables.’’.
SEC. 4903. HEALTHY FOOD EDUCATION AND PROGRAM
REPLICABILITY.
Section 18(i) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(i)) is amended—
(1) in paragraph (1)(C), by inserting ‘‘promotes
healthy food education in the school curriculum and’’
before ‘‘incorporates’’;
(2) by redesignating paragraph (2) as para-
graph (4);
(3) by inserting after paragraph (1) the fol-
lowing:
†
679
HR 2419 EAS
‘‘(2) ADMINISTRATION.—In providing grants
under paragraph (1), the Secretary shall give priority
to projects that can be replicated in schools.
‘‘(3) 
PILOT
PROGRAM
FOR
HIGH-POVERTY
SCHOOLS.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) ELIGIBLE
PROGRAM.—The term
‘eligible program’ means—
‘‘(I) a school-based program with
hands-on vegetable gardening and nu-
trition education that is incorporated
into the curriculum for 1 or more
grades at 2 or more eligible schools; or
‘‘(II) a community-based summer
program with hands-on vegetable gar-
dening and nutrition education that is
part of, or coordinated with, a summer
enrichment program at 2 or more eli-
gible schools.
‘‘(ii) ELIGIBLE SCHOOL.—The term ‘el-
igible school’ means a public school, at least
50 percent of the students of which are eligi-
ble for free or reduced price meals under
this Act.
†
680
HR 2419 EAS
‘‘(B) 
ESTABLISHMENT.—The 
Secretary
shall carry out a pilot program under which the
Secretary shall provide to nonprofit organiza-
tions or public entities in not more than 5 States
grants to develop and run, through eligible pro-
grams, community gardens at eligible schools in
the States that would—
‘‘(i) be planted, cared for, and har-
vested by students at the eligible schools;
and
‘‘(ii) teach the students participating
in the community gardens about agri-
culture, sound farming practices, and diet.
‘‘(C) PRIORITY STATES.—Of the States pro-
vided a grant under this paragraph—
‘‘(i) at least 1 State shall be among the
15 largest States, as determined by the Sec-
retary;
‘‘(ii) at least 1 State shall be among
the 16th to 30th largest States, as deter-
mined by the Secretary; and
‘‘(iii) at least 1 State shall be a State
that is not described in clause (i) or (ii).
†
681
HR 2419 EAS
‘‘(D) USE OF PRODUCE.—Produce from a
community garden provided a grant under this
paragraph may be—
‘‘(i) used to supplement food provided
at the eligible school;
‘‘(ii) distributed to students to bring
home to the families of the students; or
‘‘(iii) donated to a local food bank or
senior center nutrition program.
‘‘(E) NO COST-SHARING REQUIREMENT.—A
nonprofit organization or public entity that re-
ceives a grant under this paragraph shall not be
required to share the cost of carrying out the ac-
tivities assisted under this paragraph.
‘‘(F) EVALUATION.—A nonprofit organiza-
tion or public entity that receives a grant under
this paragraph shall be required to cooperate in
an evaluation in accordance with paragraph
(1)(H).
‘‘(G) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this paragraph $10,000,000.’’; and
(4) in paragraph (4) (as redesignated by para-
graph (2)), by inserting ‘‘(other than paragraph (3))’’
after ‘‘this subsection’’.
†
682
HR 2419 EAS
SEC. 4904. FRESH FRUIT AND VEGETABLE PROGRAM.
(a) IN GENERAL.—The Richard B. Russell National
School Lunch Act is amended by inserting after section 18
(42 U.S.C. 1769) the following:
‘‘SEC. 19. FRESH FRUIT AND VEGETABLE PROGRAM.
‘‘(a) IN GENERAL.—For the school year beginning
July 2008 and each subsequent school year, the Secretary
shall provide grants to States to carry out a program to
make free fresh fruits and vegetables available in elementary
schools (referred to in this section as the ‘program’).
‘‘(b) PROGRAM.—A school participating in the pro-
gram shall make free fresh fruits and vegetables available
to students throughout the school day (or at such other times
as are considered appropriate by the Secretary) in 1 or
more areas designated by the school.
‘‘(c) FUNDING TO STATES.—
‘‘(1) MINIMUM GRANT.—The Secretary shall pro-
vide to each of the 50 States and the District of Co-
lumbia an annual grant in an amount equal to 1
percent of the funds made available for a fiscal year
to carry out the program.
‘‘(2) ADDITIONAL
FUNDING.—Of the funds re-
maining after grants are made under paragraph (1),
the Secretary shall allocate additional funds to each
State that is operating a school lunch program under
section 4 based on the proportion that—
†
683
HR 2419 EAS
‘‘(A) the population of the State; bears to
‘‘(B) the population of the United States.
‘‘(d) SELECTION OF SCHOOLS.—
‘‘(1) IN GENERAL.—In selecting schools to par-
ticipate in the program, each State shall—
‘‘(A) ensure that each school chosen to par-
ticipate in the program is a school—
‘‘(i) except as provided in paragraph
(2), in which not less than 50 percent of the
students are eligible for free or reduced price
meals under this Act; and
‘‘(ii) that submits an application in
accordance with subparagraph (C); and
‘‘(B) to the maximum extent practicable,
give the highest priority to schools with the high-
est proportion of children who are eligible for
free or reduced price meals under this Act;
‘‘(C) solicit applications from interested
schools that include—
‘‘(i) information pertaining to the per-
centage of students enrolled in the school
submitting the application who are eligible
for free or reduced price school lunches
under this Act;
†
684
HR 2419 EAS
‘‘(ii) a certification of support for par-
ticipation in the program signed by the
school food manager, the school principal,
and the district superintendent (or equiva-
lent positions, as determined by the school);
and
‘‘(iii) such other information as may
be requested by the Secretary;
‘‘(D) give priority to schools that submit a
plan for implementation of the program that in-
cludes a partnership with 1 or more entities that
provide non-Federal resources (including entities
representing the fruit and vegetable industry)
for—
‘‘(i) the acquisition, handling, pro-
motion, or distribution of fresh and dried
fruits and fresh vegetables; or
‘‘(ii) other support that contributes to
the purposes of the program;
‘‘(E) give priority to schools that provide
evidence of efforts to integrate activities carried
out under this section with other efforts to pro-
mote sound health and nutrition, reduce over-
weight and obesity, or promote physical activity;
and
†
685
HR 2419 EAS
‘‘(F) ensure that each school selected is an
elementary school.
‘‘(2) EXCEPTION.—Clause (i) of paragraph
(1)(A) shall not apply to a State if the State does not
have a sufficient number of schools that meet the re-
quirement of that clause.
‘‘(3) CONSORTIA.—A consortia of schools may
apply for funding under this section.
‘‘(e) NOTICE OF AVAILABILITY.—To be eligible to par-
ticipate in the program, a school shall widely publicize
within the school the availability of free fresh fruits and
vegetables under the program.
‘‘(f) PER-STUDENT GRANT.—The per-student grant
provided to a school under this section shall be—
‘‘(1) determined by a State agency; and
‘‘(2) not less than $50, nor more than $75, annu-
ally.
‘‘(g) LIMITATION.—To the maximum extent prac-
ticable, each State agency shall ensure that in making
available to students the fruits and vegetables provided
under this section, schools participating in the program
offer the fruits and vegetables separately from meals other-
wise provided at the school under this Act or the Child Nu-
trition Act of 1966 (42 U.S.C. 1771 et seq.).
†
686
HR 2419 EAS
‘‘(h) SCHOOLS ON INDIAN RESERVATIONS.—The Sec-
retary shall ensure that not less than 100 of the schools cho-
sen to participate in the program are schools operated on
Indian reservations.
‘‘(i) EVALUATION AND REPORTS.—
‘‘(1) IN GENERAL.—The Secretary shall conduct
an evaluation of the program, including a determina-
tion as to whether children experienced, as a result of
participating in the program—
‘‘(A) increased consumption of fruits and
vegetables;
‘‘(B) other dietary changes, such as de-
creased consumption of less nutritious foods; and
‘‘(C) such other outcomes as are considered
appropriate by the Secretary.
‘‘(2) REPORT.—Not later than September 30,
2011, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives
and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, a report that describes the re-
sults of the evaluation under paragraph (1).
‘‘(j) FUNDING.—
‘‘(1) IN
GENERAL.—Out of any funds in the
Treasury not otherwise appropriated, the Secretary of
†
687
HR 2419 EAS
the Treasury shall transfer to the Secretary to carry
out this section—
‘‘(A) on October 1, 2007, $225,000,000; and
‘‘(B) on October 1, 2008, and each October
1 thereafter, the amount made available for the
preceding fiscal year, as adjusted to reflect
changes for the 12-month period ending the pre-
ceding June 30 in the Consumer Price Index for
All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor, for
items other than food.
‘‘(2) EVALUATION
FUNDING.—On October 1,
2007, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out the evaluation
required under subsection (i), $3,000,000, to remain
available until expended.
‘‘(3) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall use
to carry out this section any funds transferred for
that purpose, without further appropriation.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—In
addition to any other amounts made available to
carry out this section, there are authorized to be ap-
†
688
HR 2419 EAS
propriated such sums as are necessary to expand the
program established under this section.
‘‘(5) ADMINISTRATIVE
COSTS.—Of funds made
available to carry out this section for a fiscal year,
the Secretary may use not more than $500,000 for the
administrative costs of carrying out the program.
‘‘(6) REALLOCATION.—
‘‘(A) AMONG STATES.—The Secretary may
reallocate any amounts made available to carry
out this section that are not obligated or ex-
pended by a date determined by the Secretary.
‘‘(B) WITHIN
STATES.—A State that re-
ceives a grant under this section may reallocate
any amounts made available under the grant
that are not obligated or expended by a date de-
termined by the Secretary.’’.
(b) CONFORMING AMENDMENTS.—Section 18 of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769) is amended—
(1) by striking subsection (g); and
(2) by redesignating subsections (h) through (k)
as subsections (g) through (j), respectively.
†
689
HR 2419 EAS
SEC. 4905. TEAM NUTRITION NETWORK.
Section 19 of the Child Nutrition Act of 1966 (42
U.S.C. 1788) is amended by striking subsection (l) and in-
serting the following:
‘‘(l) FUNDING.—
‘‘(1) MANDATORY FUNDING.—
‘‘(A) IN
GENERAL.—On October 1, 2008,
and on each October 1 thereafter through October
1, 2011, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry
out this section $3,000,000, to remain available
until expended.
‘‘(B) RECEIPT AND ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept,
and shall use to carry out this section the funds
transferred under subparagraph (A), without
further appropriation.
‘‘(C) NUTRITIONAL
HEALTH
OF
SCHOOL
CHILDREN.—In allocating funds made available
under this paragraph, the Secretary shall give
priority to carrying out subsections (a) through
(g).
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In
addition to the amounts made available under para-
†
690
HR 2419 EAS
graph (1), there are authorized to be appropriated
such sums as are necessary to carry out this section.’’.
SEC. 4906. BUY AMERICAN REQUIREMENTS.
(a) FINDINGS.—Congress finds the following:
(1) Federal law requires that commodities and
products purchased with Federal funds be, to the ex-
tent practicable, of domestic origin.
(2) Federal Buy American statutory require-
ments seek to ensure that purchases made with Fed-
eral funds benefit domestic producers.
(3) The Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) requires the use
of domestic food products for all meals served under
the program, including foods products for all meals
served under the program, including foods products
purchased with local funds.
(b) BUY AMERICAN STATUTORY REQUIREMENTS.—The
Department of Agriculture should undertake training, guid-
ance, and enforcement of the various current Buy American
statutory requirements and regulations, including those of
the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and the Department of Defense fresh
fruit and vegetable distribution program.
†
691
HR 2419 EAS
SEC. 4907. MINIMUM PURCHASES OF FRUITS, VEGETABLES,
AND NUTS THROUGH SECTION 32 TO SUP-
PORT 
DOMESTIC 
NUTRITION 
ASSISTANCE
PROGRAMS.
(a) MINIMUM FUNDING FOR PURCHASES OF FRUITS,
VEGETABLES, AND NUTS.—In lieu of the purchases of
fruits, vegetables, and nuts required by section 10603 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
612c–4), the Secretary shall purchase fruits, vegetables, and
nuts for the purpose of providing nutritious foods for use
in domestic nutrition assistance programs, using, of the
funds made available under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c), the following amounts:
(1) $390,000,000 for fiscal year 2008.
(2) $393,000,000 for fiscal year 2009.
(3) $399,000,000 for fiscal year 2010.
(4) $403,000,000 for fiscal year 2011.
(5) $406,000,000 for fiscal year 2012 and each
fiscal year thereafter.
(b) FORM OF PURCHASES.—Fruits, vegetables, and
nuts may be purchased under this section in frozen, canned,
dried, or fresh form.
(c) VALUE-ADDED PRODUCTS.—The Secretary may
offer value-added products containing fruits, vegetables, or
nuts under this section, taking into consideration—
†
692
HR 2419 EAS
(1) whether demand exists for the value-added
product; and
(2) the interests of entities that receive fruits,
vegetables, and nuts under this section.
SEC. 4908. AGRICULTURAL POLICY AND PUBLIC HEALTH.
(a) IN GENERAL.—The Comptroller General of the
United States shall conduct a study to assess whether the
agricultural policies of the United States have an impact
on health, nutrition, overweight and obesity, and diet-re-
lated chronic disease.
(b) REQUIREMENTS.—In conducting the study under
subsection (a), the Comptroller General of the United States
shall—
(1) review, and evaluate the methodological rigor
of, existing literature and studies relating to the sub-
jects of the study required under subsection (a);
(2) summarize the existing literature and ex-
plain the extent, if any, to which the literature shows
a clear association or causal relationship between
United States agricultural policy and health, nutri-
tion, overweight and obesity, and diet-related chronic
diseases; and
(3) if the existing literature shows that there is
a relationship between United States agricultural pol-
icy and health, nutrition, overweight and obesity, and