I 
115TH CONGRESS 
1ST SESSION H. R. 3738
To amend the Richard B. Russell National School Lunch Act to remove 
certain limitations with respect to commodity assistance for school break-
fast programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2017
Mr. MCGOVERN (for himself and Mr. RODNEY DAVIS of Illinois) introduced 
the following bill; which was referred to the Committee on Education and 
the Workforce 
A BILL 
To amend the Richard B. Russell National School Lunch 
Act to remove certain limitations with respect to com-
modity assistance for school breakfast programs, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healthy Breakfasts 
Help Kids Learn Act of 2017’’. 
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SEC. 2. COMMODITY ASSISTANCE FOR SCHOOL BREAKFAST 
PROGRAMS. 
(a) DELIVERY OF COMMODITIES.—Section 6(b) of 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 1755(b)) is amended by inserting ‘‘and the school 
breakfast program’’ after ‘‘school lunch program’’. 
(b) COMMODITY ASSISTANCE FORMULA.—Section 
6(c)(1) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1755(c)(1)) is amended— 
(1) in subparagraph (A)— 
(A) by inserting ‘‘for the school lunch pro-
gram’’ after ‘‘11 cents’’; and 
(B) by inserting ‘‘The national average 
value of donated foods, or cash payments in lieu 
thereof, shall be 6 cents for the school breakfast 
program, adjusted on the first July 1 after the 
date of enactment of the Healthy Breakfast 
Help Kids Learn Act of 2017 and each July 1 
thereafter to reflect the changes in the Price 
Index for Food Used in Schools and Institu-
tions.’’ after ‘‘Institutions.’’; 
(2) in subparagraph (C)— 
(A) by striking ‘‘For each school year’’ and 
inserting ‘‘(i) For each school year’’; 
(B) by striking ‘‘State for’’ and inserting 
the following: ‘‘State— 
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‘‘(I) for’’; 
(C) by striking ‘‘subparagraph (B).’’ and 
inserting the following: ‘‘subparagraph (B); and 
‘‘(II) for the school breakfast 
program shall be calculated by multi-
plying the number of breakfasts 
served in the preceding school year by 
the rate established by subparagraph 
(B).’’; 
(D) by striking ‘‘After the end’’ and insert-
ing the following: 
‘‘(ii) After the end’’; 
(E) by striking ‘‘shall reconcile the’’ and 
inserting ‘‘shall reconcile—
‘‘(I) the’’; and 
(F) by striking ‘‘such reconciliation.’’ and 
inserting ‘‘such reconciliation; and 
‘‘(II) the number of breakfasts 
served by schools in each State with 
the number of breakfasts served by 
schools in each State during the pre-
ceding school year and increase or re-
duce subsequent commodity assistance 
or cash in lieu thereof provided to 
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each State based on such reconcili-
ation.’’; and 
(3) in subparagraph (E), by inserting ‘‘and 
school breakfast program’’ after ‘‘school lunch pro-
gram’’. 
(c) REPEAL OF LIMITATION ON COMMODITY ASSIST-
ANCE FOR SCHOOL BREAKFAST.—Section 6 of the Rich-
ard B. Russell National School Lunch Act (42 U.S.C. 
1755), as amended by subsection (a), is further amend-
ed— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e) and (f) as 
subsections (d) and (e), respectively. 
Æ 
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