S. 2592Senate109th Congress (2005-2007)In Committee

Child Nutrition Promotion and School Lunch Protection Act of 2006

A bill to amend the Child Nutrition Act of 1966 to improve the nutrition and health of schoolchildren by updating the definition of "food of minimal nutritional value" to conform to current nutrition science and to protect the Federal investment in the national school lunch and breakfast programs.

Sponsored by Tom HarkinSen. Tom Harkin (D-IA)
Introduced April 6, 2006

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S3241-3242)

April 6, 2006

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SenateIntro Referral

Introduced in Senate

April 6, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S3240-3241)

April 6, 2006

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S3241-3242)

April 6, 2006

Floor Debate

23 members

What members said about S. 2592 on the floor

13 Republicans9 Democrats1 Independent
John F. Kerry
Sen. John F. KerryD-MA · Apr 6, 2006

Mr. President, today Senator Smith and I are introducing ``The Fallen Heroes Family Savings Act'' that will help military families that have suffered a tragic loss. In recent years, the Congress has…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Apr 6, 2006

Mr. President, I am proud to join with Senators Specter, Kohl, DeWine and others on a new bill, the Oil and Gas Industry Antitrust Act of 2006, which includes, as its centerpiece, our NOPEC…

Kent Conrad
Sen. Kent ConradD-ND · Apr 6, 2006

Mr. President, I rise today to introduce a comprehensive energy bill, one that I call Breaking Our Long-Term Dependency, or the BOLD Energy Act. As President Bush has stated, our Nation is addicted…

Tom Coburn
Sen. Tom CoburnR-OK · Apr 6, 2006

Mr. President, today, along with Senators Barack Obama, Thomas Carper, and John McCain, I introduced legislation to create an online public database that itemizes Federal funding. The bill ensures…

Herb Kohl
Sen. Herb KohlD-WI · Apr 6, 2006

Mr. President, I rise today with Senator Specter to introduce the Oil and Gas Industry Antitrust Act of 2006. This legislation will make several important and overdue reforms to our antitrust laws to…

Show 8 more
Mike DeWine
Sen. Mike DeWineR-OH · Apr 6, 2006

Mr. President, I am proud to join as a co-sponsor of Senator Specter's Oil and Gas Industry Antitrust Act. This bill should help us curb the skyrocketing energy prices that have been an increasing…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Apr 6, 2006

Mr. President, I compliment the Senator from North Dakota for thinking boldly and focusing on an urgent need for our country. I look forward to studying his proposal and working with him, especially…

Arlen Specter
Sen. Arlen SpecterR-PA · Apr 6, 2006

Madam President, I am sending to the desk today legislation captioned as the ``Oil and Gas Industry Antitrust Act of 2006,'' legislation on behalf of myself and Senator DeWine, Senator Kohl, Senator…

Richard G. Lugar
Sen. Richard G. LugarR-IN · Apr 6, 2006

Mr. President, I rise today to introduce the Cooperative Proliferation Detection, Interdiction Assistance, and Conventional Threat Reduction Act of 2006. This bill is based upon the legislation that…

Tom Harkin
Sen. Tom HarkinD-IA · Apr 6, 2006

Mr. President, our Nation faces a public health crisis of the first order. Poor diet and physical inactivity are contributing to growing rates of chronic disease in the U.S. These problems do not…

Tom Harkin
Sen. Tom HarkinD-IA · Apr 6, 2006

Mr. President, our Nation faces a public health crisis of the first order. Poor diet and physical inactivity are contributing to growing rates of chronic disease in the U.S. These problems do not…

Barbara Boxer
Sen. Barbara BoxerD-CA · Apr 6, 2006

Mr. President, today I am introducing ``the Eastern Sierra Rural Heritage and Economic Enhancement Act,'' a bill that will provide protection for thousands of some of the most pristine, wild, and…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Apr 6, 2006

Mr. President, today I am introducing legislation, together with Senators Warner, Allen, Mikulski, Biden and Carper to designate the route of Captain John Smith's exploration of the Chesapeake Bay…

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Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Apr 6, 2006

Mr. President, an excerpt from John Steinbeck's classic The Grapes of Wrath recounting the conditions preceding the great Dust Bowl is eerily similar to the conditions currently faced by the…

James M. Jeffords
Sen. James M. JeffordsI-VT · Apr 6, 2006

Mr. President, I rise today to join my colleague from Vermont, Mr. Leahy, in introducing the Vermont Wilderness Act of 2006. This legislation designates 48,051 acres within the Green Mountain…

Ken Salazar
Sen. Ken SalazarD-CO · Apr 6, 2006

Mr. President, I rise today to speak about S. 2584, ``The Rocky Mountain Forest Insects Response Enhancement and Support Act,'' or ``Rocky Mountain FIRES Act,'' which I introduced earlier today. I am…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Apr 6, 2006

Mr. President, I rise to introduce the Pharmacist Access and Recognition in Medicare Act. I have enjoyed working closely with Chairman Cochran and Senator Talent on this bill that will help protect…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Apr 6, 2006

Mr. President, I rise today to introduce a bill that would restore balance to a system that disadvantages education funding in the West. The Action Plan for Public Land and Education Act of 2006…

Larry E. Craig
Sen. Larry E. CraigR-ID · Apr 6, 2006

Mr. President, today I join Senator Akaka in introducing legislation that would provide a cost-of-living adjustment to the rates of disability compensation provided to our Nation's disabled veterans…

Barack Obama
Sen. Barack ObamaD-IL · Apr 6, 2006

Mr. President, Senator Lugar has already outlined the legislation that we are reintroducing here today and the process that has led us to this point, so I will be brief. I don't want my brevity to be…

Thad Cochran
Sen. Thad CochranR-MS · Apr 6, 2006

Mr. President, The Medicare prescription drug plan is a tremendous success with more than 27 million Medicare beneficiaries now enrolled in the program. Seniors are realizing significant decreases in…

Conrad R. Burns
Sen. Conrad R. BurnsR-MT · Apr 6, 2006

Mr. President, I come to the floor today to introduce the Aviation Consumer Protection Extension Act. The bill is a 1-year extension of section 145 of the Aviation and Transportation Security Act,…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Apr 6, 2006

America's service men and women continue to make the ultimate sacrifices for our Nation. In the tragic cases where brave soldiers, marines, airmen, and sailors lose their lives in support of…

Richard Burr
Sen. Richard BurrR-NC · Apr 6, 2006

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued April 6, 2006

II

109th CONGRESS

2d Session

S. 2592

IN THE SENATE OF THE UNITED STATES

April 6, 2006

Mr. Harkin (for himself, Mr. Specter, Mr. Bingaman, Ms. Murkowski, Mr. Durbin, Mr. Chafee, and Mrs. Clinton) 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 improve the nutrition and health of schoolchildren by updating the definition of food of minimal nutritional value to conform to current nutrition science and to protect the Federal investment in the national school lunch and breakfast programs.

1.

Short title

This Act may be cited as the Child Nutrition Promotion and School Lunch Protection Act of 2006.

2.

Findings

Congress finds that—

(1)

for a school food service program to receive Federal reimbursements under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), school meals served by that program must meet science-based nutritional standards established by Congress and the Secretary of Agriculture;

(2)

foods sold individually outside the school meal programs (including foods sold in vending machines, a la carte or snack lines, school stores, and snack bars) are not required to meet comparable nutritional standards;

(3)

in order to promote child nutrition and health, Congress—

(A)

has authorized the Secretary to establish nutritional standards in the school lunchroom during meal time; and

(B)

since 1979, has prohibited the sale of food of minimal nutritional value, as defined by the Secretary, in areas where school meals are sold or eaten;

(4)

Federally-reimbursed school meals and child nutrition and health are undermined by the uneven authority of the Secretary to set nutritional standards throughout the school campus and over the course of the school day;

(5)

since 1979, when the Secretary defined the term food of minimal nutritional value and promulgated regulations for the sale of those foods during meal times, nutrition science has evolved and expanded;

(6)

the current definition of food of minimal nutritional value is inconsistent with current knowledge about nutrition and health;

(7)

because some children purchase foods other than balanced meals provided through the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), the efforts of parents to ensure that their children consume healthful diets are undermined;

(8)

experts in nutrition science have found that—

(A)

since 1980, rates of obesity have doubled in children and tripled in adolescents;

(B)

only 2 percent of children eat a healthy diet that is consistent with Federal nutrition recommendations;

(C)

3 out of 4 high school students do not eat the minimum recommended number of servings of fruits and vegetables each day; and

(D)

type 2 diabetes, which is primarily due to poor diet and physical inactivity, is rising rapidly in children;

(9)

in 1996, children aged 2 to 18 years consumed an average of 118 more calories per day than similar children did in 1978, which is the equivalent of 12 pounds of weight gain annually, if not compensated for through increased physical activity; and

(10)

according to the Surgeon General, the direct and indirect costs of obesity in the United States are $117,000,000,000 per year.

3.

Food of minimal nutritional value

Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is amended—

(1)

by striking the section heading and all that follows through (a) The Secretary and inserting the following:

10.

Regulations

(a)

In general

The Secretary

; and

(2)

by striking subsections (b) and (c) and inserting the following:

(b)

Food of minimal nutritional value

(1)

Proposed regulations

(A)

In general

Not later than 180 days after the date of enactment of this paragraph, the Secretary shall promulgate proposed regulations to revise the definition of food of minimal nutritional value that is used to carry out this Act and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

(B)

Application

The revised definition of food of minimal nutritional value shall apply to all foods sold—

(i)

outside the school meal programs;

(ii)

on the school campus; and

(iii)

at any time during the school day.

(C)

Requirements

In revising the definition, the Secretary shall consider—

(i)

both the positive and negative contributions of nutrients, ingredients, and foods (including calories, portion size, saturated fat, trans fat, sodium, and added sugars) to the diets of children;

(ii)

evidence concerning the relationship between consumption of certain nutrients, ingredients, and foods to both preventing and promoting the development of overweight, obesity, and other chronic illnesses;

(iii)

recommendations made by authoritative scientific organizations concerning appropriate nutritional standards for foods sold outside of the reimbursable meal programs in schools; and

(iv)

special exemptions for school-sponsored fundraisers (other than fundraising through vending machines, school stores, snack bars, a la carte sales, and any other exclusions determined by the Secretary), if the fundraisers are approved by the school and are infrequent within the school.

(2)

Implementation

(A)

Effective date

(i)

In general

Except as provided in clause (ii), the proposed regulations shall take effect at the beginning of the school year following the date on which the regulations are finalized.

(ii)

Exception

If the regulations are finalized on a date that is not more than 60 days before the beginning of the school year, the proposed regulations shall take effect at the beginning of the following school year.

(B)

Failure to promulgate

If, on the date that is 1 year after the date of enactment of this paragraph, the Secretary has not promulgated final regulations, the proposed regulations shall be considered to be final regulations.

.