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[DOCID: f:s745is.txt]






107th CONGRESS
  1st Session
                                 S. 745

 To amend the Child Nutrition Act of 1966 to promote better nutrition 
 among school children participating in the school breakfast and lunch 
                               programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2001

 Mr. Leahy (for himself, Mr. Jeffords, Mr. Feingold, Mr. Bingaman, and 
   Mr. Dodd) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Child Nutrition Act of 1966 to promote better nutrition 
 among school children participating in the school breakfast and lunch 
                               programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Better Nutrition for School Children 
Act of 2001''.

SEC. 2. FOODS OF MINIMAL NUTRITIONAL VALUE.

    (a) In General.--Section 10 of the Child Nutrition Act of 1966 (42 
U.S.C. 1779) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Foods of Minimal Nutritional Value.--
            ``(1) Availability of foods of minimal nutritional value 
        during time of service of food.--The regulations shall prohibit 
        the sale, donation, or service without charge of foods of 
        minimal nutritional value on school grounds during the time of 
        service of food under the school breakfast program under 
        section 4 or the school lunch program under the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
            ``(2) Availability of foods of minimal nutritional value 
        during the covered period.--
                    ``(A) Definition of covered period.--In this 
                paragraph, the term `covered period' means the period 
                of a school day before the service of lunch under the 
                school lunch program under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.), 
                other than the period of food service under section 4.
                    ``(B) Review and regulations.--Not later than 18 
                months after the date of enactment of this paragraph, 
                the Secretary shall--
                            ``(i) review the Federal, State, and local 
                        laws (including regulations), policies, and 
                        practices relating to the sale, donation, or 
                        service without charge of foods of minimal 
                        nutritional value during the covered period on 
                        school grounds; and
                            ``(ii) taking into account the results of 
                        the review, promulgate final regulations 
                        relating to the sale, donation, or service 
                        without charge of foods of minimal nutritional 
                        value during the covered period on school 
                        grounds.
                    ``(C) Options.--In promulgating regulations under 
                subparagraph (B)(ii), the Secretary shall establish 
                such requirements as the Secretary determines are 
                appropriate, which may include--
                            ``(i) prohibiting the sale, donation, or 
                        service without charge of foods of minimal 
                        nutritional value during the covered period on 
                        all or part of school grounds; or
                            ``(ii) permitting States and local school 
                        authorities to prohibit the sale, donation, or 
                        service without charge of foods of minimal 
                        nutritional value during the covered period on 
                        all or part of school grounds.
                    ``(D) Basis.--The Secretary shall evaluate the 
                results of the review and promulgate the regulations 
                required under subparagraph (B) based on sound 
                nutritional science, as determined by the Secretary.
                    ``(E) Factors.--In conducting the review and 
                promulgating the regulations required under 
                subparagraph (B), the Secretary shall consider--
                            ``(i) the nutritional needs of students in 
                        various grade levels;
                            ``(ii) the proximity of any area where 
                        foods of minimal nutritional value may be sold, 
                        donated, or served without charge to the food 
                        service facilities or areas;
                            ``(iii) the extent to which students will 
                        likely substitute consumption of foods of 
                        minimal nutritional value for other food served 
                        in participating schools under this Act and the 
                        Richard B. Russell National School Lunch Act 
                        (42 U.S.C. 1751 et seq.); and
                            ``(iv) the benefits to a school of 
                        permitting the sale, donation, or service 
                        without charge of foods of minimal nutritional 
                        value.''.
    (b) Regulations.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary of Agriculture shall 
        promulgate such regulations as are necessary to implement the 
        amendments made by this section.
            (2) Procedure.--The promulgation of the regulations and the 
        administration of the amendments made by this section shall be 
        made without regard to chapter 35 of title 44, United States 
        Code (commonly known as the ``Paperwork Reduction Act'').
            (3) Congressional review of agency rulemaking.--In carrying 
        out this subsection, the Secretary shall use the authority 
        provided under section 808 of title 5, United States Code.
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