S 745 IS

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

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.