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 partici-
pating in the school breakfast program established under 
the Child Nutrition Act of 1966. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. HEALTHY START ACT. 
This Act may be cited as the ‘‘Healthy Start Act’’. 
SEC. 2. COMMODITY ASSISTANCE FOR THE SCHOOL BREAK-
FAST PROGRAM. 
Section 6 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1755) is amended— 
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(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) COMMODITY ASSISTANCE
FOR
THE SCHOOL 
LUNCH
AND BREAKFAST PROGRAMS.—Not later than 
September 30 of the following school year, the Secretary 
shall deliver to each State participating in— 
‘‘(1) the school lunch program established 
under this Act, commodities valued at the total level 
of assistance authorized under subsection (c) for 
each school year for the school lunch program in the 
State; and 
‘‘(2) the school breakfast program established 
under section 4 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773), commodities valued at the total 
level of assistance authorized under subsection (d) 
for each school year for the school breakfast pro-
gram in the State.’’; and 
(2) by striking subsection (d) and inserting the 
following: 
‘‘(d) VALUE OF DONATED FOODS FOR THE SCHOOL 
BREAKFAST PROGRAM.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
in the case of the school breakfast program estab-
lished under the Child Nutrition Act of 1966 (42 
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U.S.C. 1771 et seq.), the value of donated foods 
shall be 5 cents. 
‘‘(2) ADJUSTMENT.— 
‘‘(A) IN GENERAL.—The value of donated 
foods under paragraph (1) shall be adjusted on 
July 1, 2011, and each July 1 thereafter, to re-
flect changes in the Price Index for Food Used 
in Schools and Institutions. 
‘‘(B) FOOD COMPONENTS.— 
‘‘(i) IN GENERAL.—The Index shall be 
computed using 5 major food components 
of the Producer Price Index of the Bureau 
of Labor Statistics (cereal and bakery 
products, meats, poultry and fish, dairy 
products, processed fruits and vegetables, 
and fats and oils). 
‘‘(ii) WEIGHTING.—Each component 
shall be weighed using the same relative 
weight as determined by the Bureau of 
Labor Statistics. 
‘‘(C) TIME PERIOD.—The value of food as-
sistance for each meal shall be adjusted each 
July 1 by the annual percentage change in a 3- 
month average value of the Price Index for 
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Foods Used in Schools and Institutions for 
March, April, and May each year. 
‘‘(D) ROUNDING.—The adjustment shall 
be computed to the nearest 1⁄4 cent. 
‘‘(3) CALCULATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), for each school year, the total 
amount of commodity assistance, or cash in lieu 
of commodity assistance, available to a State 
for the school breakfast program shall be the 
product obtained by multiplying— 
‘‘(i) the number of breakfasts served 
in the preceding school year; by 
‘‘(ii) the rate established under para-
graph (2). 
‘‘(B) RECONCILIATION.—After the end of 
each school year, the Secretary shall— 
‘‘(i) reconcile the number of break-
fasts served by schools in each State with 
the number of breakfasts served by schools 
in each State during the preceding school 
year; and 
‘‘(ii) increase or reduce subsequent 
commodity assistance, or cash in lieu of 
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