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. 
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 ‘‘School Enhancement 
of Talented Students Act’’ or the ‘‘School EATS Act’’. 
SEC. 2. FINDING. 
Congress finds the following: 
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(1) According to the Secretary of Agriculture, 
in the school year beginning July 2007, the school 
lunch program under the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.) 
and the school breakfast program under the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) pro-
vided more than 31 million lunches and more than 
10 million breakfasts. 
(2) The calories and nutrients consumed at 
school and school-related activities are an important 
component of dietary intake of all school-age chil-
dren, and for most students, comprise of over half 
of daily caloric intake. 
(3) Commercially prepared products, including 
processed commodities, account for 40 percent of the 
available lunch entrees and were major sources of 
fat, sodium and calories in lunches. 
(4) Childhood obesity rates have tripled among 
kids ages 12 to 19 since 1980, with one-third of 
America’s youth now overweight or obese; impacting 
students in school, the readiness of the military, and 
rising health care costs. 
(5) Recently, States like West Virginia, have 
sought to exceed school meal guidelines set forth by 
Secretary of Agriculture by decreasing the amount 
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of fat and sodium served and increasing the servings 
of fruits and vegetables. 
(6) The Dietary Guidelines for Americans pub-
lished in June 2010 under section 301 of the Na-
tional Nutrition Monitoring and Related Research 
Act of 1990 (7 U.S.C. 5341) recommends that 
Americans improve nutrition literacy and cooking 
skills, and learn to prepare foods; schools have the 
opportunity to do the same for children. 
SEC. 3. SCHOOL EATS GRANT PROGRAM. 
Section 18 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769) is amended by adding at the 
end the following: 
‘‘(j) SCHOOL EATS GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—From the amounts appro-
priated under paragraph (10), the Secretary shall 
award grants, on a competitive basis, to eligible enti-
ties for the purpose of carrying out a program to re-
duce the amount of processed food served each day 
under the school lunch program established under 
this Act and the school breakfast program estab-
lished under section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773). 
‘‘(2) DEADLINE FOR AWARDS.—The Secretary 
shall award grants under this subsection not later 
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than 90 days after the date funds are appropriated 
under paragraph (10) for each fiscal year. 
‘‘(3) PRIORITY.—In awarding grants under this 
subsection, the Secretary shall give priority to eligi-
ble entities— 
‘‘(A) in which at least 50 percent of the 
students enrolled in schools under the jurisdic-
tion of such eligible entities are eligible for free 
or reduced price meals; and 
‘‘(B) located in a State in which the adult 
obesity rate, as determined by the Centers for 
Disease Control and Prevention, is not less 
than 30 percent and the child obesity rate, Cen-
ters for Disease Control and Prevention, is 
more than 30 percent. 
‘‘(4) APPLICATION.—In order to receive a grant 
under this subsection, an eligible entity shall submit 
to the Secretary an application at such time, in such 
manner, and containing such information as the Sec-
retary may require. 
‘‘(5) USES OF FUNDS.— 
‘‘(A) REQUIRED USES.—An eligible entity 
receiving grant funds under this subsection 
shall use such funds to serve healthy, unproc-
essed foods under the school lunch program es-
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tablished under this Act and the school break-
fast program established under section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773) 
by— 
‘‘(i) procuring such foods; 
‘‘(ii) training food service staff at 
such schools to prepare such foods; and 
‘‘(iii) purchasing equipment required 
to prepare such foods. 
‘‘(B) LIMITED USES.—The Secretary shall 
determine the percentage of funds an eligible 
entity receives under this subsection that may 
be used by the entity for administrative costs. 
‘‘(6) TECHNICAL ASSISTANCE.—The Secretary 
shall provide technical assistance on the procure-
ment of healthy, unprocessed foods to each eligible 
entity receiving a grant under this Act. 
‘‘(7) WAIVER
OF
WEIGHT
AND
QUALITY
RE-
QUIREMENTS.—During the period an eligible entity 
is carrying out the program described in this sub-
section with grant funds received under this sub-
section, the Secretary shall waive with respect to any 
foods offered or served under the program, any 
weight or quantity requirements under this Act or 
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
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seq.) with respect to foods served or offered under 
the school lunch program under this Act or the 
school breakfast program under section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773). 
‘‘(8) REPORTING REQUIREMENTS.—Each eligi-
ble entity receiving a grant under this section, not 
later than 90 days after the end of the first full 
school year the eligible entity receives such grant 
funds, shall prepare and submit to the Secretary a 
report on the program carried out with such funds, 
which shall include— 
‘‘(A) the percentage of unprocessed foods 
served under the program; 
‘‘(B) the number and percentage of stu-
dents that participated in the program; 
‘‘(C) the health outcomes of such stu-
dents— 
‘‘(i) as measured by a survey of stu-
dent responses that reflect eating habits of 
such students; or 
‘‘(ii) other measures determined nec-
essary by the Secretary to accurately re-
flect the health of such students; and 
‘‘(D) a complete budget breakdown of how 
such funds were used. 
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‘‘(9) DEFINITION.—For purposes of this sub-
section, the term ‘eligible entity’ means— 
‘‘(A) a State educational agency; 
‘‘(B) a local educational agency; or 
‘‘(C) a school food authority. 
‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated $8,000,000 
to carry out this subsection for each of fiscal years 
2011 through 2014.’’. 
Æ 
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