[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4519 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4519

 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 HOUSE OF REPRESENTATIVES

                              June 4, 2004

 Mr. Hinchey introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 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 2004''.

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) in subsection (a), by inserting ``(throughout the 
        entire school, including the school grounds, until the end of 
        the time of service of food under the school lunch program 
        under the Richard B. Russell National School Lunch Act (42 
        U.S.C. 1751 et seq.))'' after ``participating schools'';
            (2) by striking subsection (b);
            (3) by redesignating subsection (c) as subsection (d); and
            (4) by inserting after subsection (a) the following:
    ``(b) Basis.--The Secretary shall promulgate the regulations 
required under subsection (a) based on sound nutritional science, as 
determined by the Secretary.
    ``(c) Factors.--In promulgating the regulations required under 
subsection (a), the Secretary shall consider--
            ``(1) the nutritional needs of students in various grade 
        levels;
            ``(2) 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;
            ``(3) 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
            ``(4) the benefits to a school of permitting the sale, 
        donation, or service without charge of foods of minimal 
        nutritional value, including the extent to which the proceeds 
        of such sales inure to the benefit of a school or an 
        organization of students approved by a school.''.
    (b) Regulations.--
            (1) In general.--Not later than 1 year 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) Foods of minimal nutritional value.--In promulgating 
        the regulations, the Secretary shall review and (as necessary) 
        revise the definition of ``foods of minimal nutritional value'' 
        that is used to carry out the Child Nutrition Act of 1966 (42 
        U.S.C. 1786) and the Richard B. Russell National School Lunch 
        Act (42 U.S.C. 1751 et seq.).
            (3) 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'').
            (4) Congressional review of agency rulemaking.--In carrying 
        out this subsection, the Secretary shall use the authority 
        provided under section 808(2) of title 5, United States Code.
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