To authorize the Director of the Centers for Disease Control and Prevention to make grants to local educational agencies to support the purchase or lease and use of vending machines that offer for sale healthy foods and beverages in schools.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2225 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 2225

To authorize the Director of the Centers for Disease Control and
Prevention to make grants to local educational agencies to support the
purchase or lease and use of vending machines that offer for sale
healthy foods and beverages in schools.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 22, 2003

Mrs. Capps (for herself, Mr. Waxman, Mr. Turner of Ohio, Ms. Woolsey,
Mr. Ryan of Ohio, Ms. DeLauro, Mr. Schiff, Ms. Lofgren, Mr. Wynn, Mr.
Israel, Mr. McNulty, Mr. Gonzalez, Ms. Eddie Bernice Johnson of Texas,
Mr. Sanders, Mr. Hinchey, Ms. Norton, Mr. Abercrombie, and Mr.
Kucinich) introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To authorize the Director of the Centers for Disease Control and
Prevention to make grants to local educational agencies to support the
purchase or lease and use of vending machines that offer for sale
healthy foods and beverages in schools.

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

SECTION 1. GRANTS FOR PROCUREMENT AND USE OF QUALIFIED VENDING MACHINES
IN SCHOOLS.

(a) Grants Authorized.--The Director of the Centers for Disease
Control and Prevention may make grants to local educational agencies
for the purpose of assisting such agencies--
(1) to purchase or lease qualified vending machines for
placement in elementary and secondary schools for the use of
students of such schools; and
(2) to offset any loss of revenue incurred by the local
educational agency as a result of offering for sale healthy
foods and beverages in qualified vending machines.
(b) Removal of Other Vending Machines and Use of Qualified Vending
Machines.--As a condition for receiving a grant under subsection (a),
the local educational agency shall agree--
(1) to remove any vending machines that offer for sale
foods and beverages of minimal nutritional value from each
elementary or secondary school under its jurisdiction in which
qualified vending machines will be placed using the grant
funds; and
(2) to use only qualified vending machines in such school
for such period as the Director may prescribe.
(c) Maximum Portion Sizes.--As a further condition for receiving a
grant under subsection (a), the local educational agency shall ensure
that foods and beverages offered for sale in qualified vending machines
will be limited to the following maximum portion sizes:
(1) One and one-quarter ounces for crackers, popcorn,
cereal, trail mix, nuts, seeds, dried fruit, or jerky.
(2) Two ounces for cereal bars.
(3) Three ounces for bakery items, including muffins.
(4) Three fluid ounces for frozen desserts.
(5) Eight ounces for non-frozen yogurt.
(6) Twelve ounces for beverages, excluding water.
(7) Entree items and side dishes shall be no larger than
the portions of those foods served as part of the Federal
school meal program.
(d) Applications.--To apply for a grant under this section, a local
educational agency shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may require. A local educational agency may submit a new application
for the purpose of applying to receive continuing grants for the
purpose described in subsection (a)(2).
(e) Definitions.--In this Act:
(1) Foods and beverages of minimal nutritional value.--The
term ``foods and beverages of minimal nutritional value'' means
a food or beverage item which provides less than five percent
of the Reference Daily Intake (RDI) for protein, vitamin A,
vitamin C, niacin, riboflavin, thiamin, calcium, or iron per
serving.
(2) Healthy foods and beverages.--
(A) The term ``healthy foods and beverages'' means
any food or beverage item that derives--
(i) 30 percent or less of its total
calories from fat;
(ii) 10 percent or less of its total
calories from saturated fat and trans fat; and
(iii) 35 percent or less of its total
calories from sugars, excluding those sugars
occurring naturally in fruits, vegetables, and
dairy products.
(B) The term ``healthy foods and beverages''
includes nuts, seeds, and flavored fluid milk.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) Qualified vending machine.--The term ``qualified
vending machine'' means a vending machine that offers for sale
only healthy foods or beverages.
(5) School.--The term ``school'' means any elementary
school (as defined by section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)) and any
secondary school (as defined by such section).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Director $100,000,000 for each of the fiscal years
2004 through 2008 to carry out this section. Amounts so appropriated
shall remain available until expended.
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