[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4101 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4101

           To reverse declining milk consumption in schools.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 2017

Mr. Thompson of Pennsylvania (for himself and Mr. Courtney) introduced 
 the following bill; which was referred to the Committee on Education 
                           and the Workforce

_______________________________________________________________________

                                 A BILL


 
           To reverse declining milk consumption in schools.

    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 ``School Milk Nutrition Act of 2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Dietary Guidelines for Americans recommend that 
        most school-age children and adolescents consume three servings 
        of milk or other dairy foods daily, with two-and-a-half 
        servings recommended for students younger than nine years.
            (2) Most Americans, including most children and 
        adolescents, consume on average only about half of the 
        recommended amounts of dairy foods daily.
            (3) Milk is a source of many nutrients essential to health, 
        and is the leading source of nine essential nutrients in the 
        diets of children and adolescents, including three nutrients of 
        public health concern: vitamin D, calcium, and potassium.
            (4) Every eight ounces of low-fat and fat-free milk 
        provides eight grams of protein.
            (5) Dairy foods are associated with improved bone health, a 
        lower risk of type 2 diabetes, a beneficial or neutral effect 
        on blood pressure, and may help reduce the risk of 
        cardiovascular disease, coronary heart disease, and stroke.
            (6) Throughout the history of school-based Federal meal 
        programs, milk has been offered with each meal.
            (7) Declines in average daily participation in the National 
        School Lunch Program may result in fewer students consuming 
        milk during the school day.
            (8) Declines in milk consumption in schools may exceed what 
        would be expected from declines in average daily participation 
        in the National School Lunch Program alone.
            (9) It is in the public interest to promote the health of 
        the Nation's school-age population by encouraging and promoting 
        consumption of milk in schools.

SEC. 3. FLUID MILK.

    Section 9(a)(2) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(a)(2)) is amended by striking subparagraphs (A) and (B) 
and inserting the following:
                    ``(A) In general.--Lunches served by schools 
                participating in the school lunch program under this 
                Act--
                            ``(i) shall offer students a variety of 
                        fluid milk, which may include (at the school's 
                        option) low-fat and fat-free milk. Such milk 
                        shall be offered with each lunch in amounts 
                        consistent with recommendations in the most 
                        recent Dietary Guidelines for Americans 
                        published under section 301 of the National 
                        Nutrition Monitoring and Related Research Act 
                        of 1990 (7 U.S.C. 5341);
                            ``(ii) may offer students flavored and 
                        unflavored fluid milk (including low-fat 
                        flavored milk that contains no more than 150 
                        calories per 8-ounce serving) and lactose-free 
                        fluid milk; and
                            ``(iii) shall provide a substitute for 
                        fluid milk for students whose disability 
                        restricts their diet, on receipt of a written 
                        statement from a licensed physician that 
                        identifies the disability that restricts the 
                        student's diet and that specifies the 
                        substitute for fluid milk.
                    ``(B) Substitutes.--
                            ``(i) Standards for substitution.--A school 
                        may substitute for the fluid milk provided 
                        under subparagraph (A) a nondairy beverage that 
                        is nutritionally equivalent to low-fat and fat-
                        free fluid milk and meets nutritional standards 
                        established by the Secretary (which shall, 
                        among other requirements to be determined by 
                        the Secretary, include fortification of 
                        calcium, protein, vitamin A, vitamin D, 
                        magnesium, phosphorus, potassium, riboflavin, 
                        and vitamin B-12) for students who cannot 
                        consume fluid milk because of a medical or 
                        other special dietary need other than a 
                        disability described in subparagraph (A)(iii).
                            ``(ii) Notice.--The substitutions may be 
                        made if the school notifies the State agency 
                        that the school is implementing a variation 
                        allowed under this subparagraph, and if the 
                        substitution is requested by written statement 
                        of a medical authority or by a student's parent 
                        or legal guardian that identifies the medical 
                        or other special dietary need that restricts 
                        the student's diet, except that the school 
                        shall not be required to provide beverages 
                        other than beverages the school has identified 
                        as acceptable substitutes.
                            ``(iii) Excess expenses borne by school 
                        food authority.--Expenses incurred in providing 
                        substitutions under this subparagraph that are 
                        in excess of expenses covered by reimbursements 
                        under this Act shall be paid by the school food 
                        authority.''.

SEC. 4. FLUID MILK AND COMPETING BEVERAGES.

    Section 10(b)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 
1779(b)(1)(C)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) provide that containers of all 
                        beverages sold in schools have the same maximum 
                        volume.''.

SEC. 5. EVALUATION OF SCHOOL MILK TRENDS.

    (a) Study.--The Secretary of Agriculture (hereafter referred to in 
this Act as ``the Secretary'') shall carry out a study of recent trends 
in fluid milk consumption in schools, which shall include--
            (1) consideration of factors that may adversely affect 
        consumption, including student preferences for types of milk, 
        changes in average daily participation in meal programs, the 
        types of milk offered, conditions within the school affecting 
        consumption of milk, and other factors determined to be 
        relevant by the Secretary;
            (2) assessment of each Federal program under which milk is 
        offered in schools;
            (3) review of scientific studies pertinent to school milk 
        consumption; and
            (4) consultation with school food service professionals, 
        nutritionists, and other scientific experts, proprietary and 
        cooperative fluid milk processors, and national and State 
        research and promotion programs for fluid milk and dairy 
        products.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
that shall--
            (1) include the results of the study required under 
        subsection (a);
            (2) include recommendations, if any, for actions by the 
        Department of Agriculture, the States, schools, and the private 
        and non-profit sectors to increase milk consumption in schools; 
        and
            (3) take into account the work of school-based nutrition 
        education programs that have been shown to increase average 
        daily participation in the National School Lunch Program, 
        including the Fuel Up to Play 60 program sponsored by the 
        National Dairy Council and the National Football League.

SEC. 6. FLUID MILK PROMOTION.

    (a) Pilot Program.--Beginning not later than one year after the 
date of the enactment of this Act the Secretary, acting through the 
Commodity Credit Corporation, shall carry out a pilot program to test 
and demonstrate effective, affordable, and sustainable strategies by 
which schools can increase the consumption of fluid milk.
    (b) Program Elements.--The pilot program shall--
            (1) provide grants, as determined by the Secretary, that 
        compensate schools participating in the pilot program for any 
        increased costs resulting from such participation;
            (2) assess the effectiveness of offering milk in a variety 
        of school venues, which may include breakfast in the classroom, 
        enhanced products for a la carte sales, offering products in 
        athletic facilities, and other venues as determined by the 
        Secretary; and
            (3) assess the effectiveness of improved refrigeration, 
        more attractive packaging and merchandising, and additional 
        flavors.
    (c) Termination.--The pilot program shall terminate 4 years after 
the date of the enactment of this Act.
    (d) Report.--Not later than 5 years after the date of the enactment 
of this Act, the Secretary shall submit a written report to Congress 
summarizing the findings and results of the pilot program.

SEC. 7. LACTOSE-FREE MILK.

    The Secretary shall, to the extent practicable, make available to 
schools lactose-free milk with an extended shelf life in 8-ounce 
containers under section 14 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1762a).

SEC. 8. MILK CHOICE FOR WOMEN, INFANTS, AND CHILDREN.

    Notwithstanding any other provision of law, if available evidence 
(including relevant reports from the National Academies of Sciences, 
Engineering, and Medicine) indicates that women and children 
participating in the Special Supplemental Nutrition Program for Women, 
Infants, and Children under section 17 of the Child Nutrition Act of 
1966 (42 U.S.C. 1786) typically consume fewer than the number of daily 
servings of dairy recommended in the most recent Dietary Guidelines for 
Americans published under section 301 of the National Nutrition 
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), the 
Secretary shall ensure that women have access to reduced fat (2 
percent) milk for themselves and their children 24-months old and older 
in accordance with the amounts prescribed for fluid milk under section 
246.10(e)(10) of title 7, Code of Federal Regulations, after 
presentation of a written request to the Secretary by such participant.

SEC. 9. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to alter the proclamation of the Secretary of Agriculture 
dated May 1, 2017, and titled ``USDA Commitment to School Meals''.
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