text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Healthy School Meals Act of 2010''.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
       (a) Findings.--Congress finds the following:
              (1) National Health and Nutrition Examination Surveys 
          (1976-1980 and 2003-2006) conducted for the Centers for Disease 
          Control and Prevention show that obesity prevalence increased 
          from 5.0 percent to 12.4 percent in children aged 2 to 5 years, 
          from 6.5 percent to 17.0 percent in those aged 6-11 years and 
          from 5.0 percent to 17.6 percent in those aged 12 to 19 years.
              (2) A 2007 Department of Agriculture School Nutrition 
          Dietary study found that an estimated 70 percent of schools 
          serve meals that exceed recommended levels of saturated fat, 
          which is linked to heart disease and other obesity-related 
          chronic diseases, such as diabetes and some cancers.
              (3) The Centers for Disease Control and Prevention predicts 
          one in three children born in the year 2000 will develop 
          diabetes in his or her life.
              (4) A Yale University study of overweight and obese 
          children found higher than normal blood sugar. Twenty-five 
          percent of children age 4 to 10 had impaired glucose tolerance, 
          suggesting diabetes may soon occur.
              (5) Healthy school meals are essential for protecting 
          children from weight problems and other diet-related 
          conditions; meals too high in fat and calories are found to 
          contribute to weight and health problems.
              (6) The Department of Agriculture's National Nutrient 
          Database lists vegetables, fruits, whole grains, and legumes as 
          being extremely low in saturated fat and containing no 
          cholesterol.
              (7) The American Medical Association and the American 
          Public Health Association have passed resolutions calling for 
          plant-based foods including vegetables, fruits, legumes, 
          grains, and healthful dairy alternative beverages to be 
          included in school meals.
              (8) A rapidly increasing number of families in the United 
          States opt for plant-based meals for health, ethical, or 
          religious reasons.
              (9) The July 2009 Journal of the American Dietetic 
          Association published an official position paper of the 
          American Dietetic Association which concluded that plant-based 
          diets are nutritionally adequate for everyone, including 
          children, and provide health benefits when compared to other 
          eating patterns.
              (10) Studies have shown that the bioavailability of calcium 
          from soymilk fortified with calcium carbonate is equivalent to 
          cow's milk.
              (11) The Department of Agriculture includes fruits, 
          vegetables, whole grains, and legumes in its commodities 
          program, but these essential ingredients to healthy meals are 
          often underutilized or unavailable to many schools.
              (12) Access to healthful plant-based school lunch options 
          is essential to improving the health of America's children.
      (b) Purpose.--The purpose of this Act is to improve the health of 
  America's schoolchildren by raising the nutritional quality of food 
  through the promotion of plant-based meals and healthful dairy 
  alternative beverages in schools.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Plant-based alternate protein product.--The term 
          ``plant-based alternate protein product'' means an alternate 
          protein product that--
                      (A) meets the nutritional requirements described in 
                  appendix A to part 210 of title 7 of the Code of 
                  Federal Regulations (as in effect on the date of the 
                  enactment of this Act); and
                      (B) contains no animal-based foods, products, or 
                  byproducts.
              (2) Plant-based meat alternate.--The term ``plant-based 
          meat alternate'' means a meat alternate that--
                      (A) meets the nutritional requirements described in 
                  paragraph (k)(1) of part 210.10 of title 7 of the Code 
                  of Federal Regulations (as in effect on the date of the 
                  enactment of this Act); and
                      (B) contains no animal-based foods, products, or 
                  byproducts.
              (3) Plant-based entree.--The term ``plant-based entree'' 
          means a combination of foods or a single food item offered as a 
          main course that--
                      (A) meets the nutritional requirements described in 
                  part 210.10 of title 7 of the Code of Federal 
                  Regulations (as in effect on the date of the enactment 
                  of this Act) as a meat alternate for food-based menu 
                  planning or protein requirement for nutrient-based menu 
                  planning for lunches that are reimbursable under the 
                  Richard B. Russell National School Lunch Act (20 U.S.C. 
                  1751 et seq.); and
                      (B) contains no animal-based foods, products, or 
                  byproducts.
              (4) Secretary.--The term ``Secretary'' means the Secretary 
          of Agriculture.
              (5) Substitute for fluid milk.--The term ``substitute for 
          fluid milk'' means a nondairy fluid milk that is nutritionally 
          equivalent to fluid dairy milk and meets the nutritional 
          standards established by the Secretary, which shall include 
          fortification of calcium, 6 or more grams of protein per 8-
          ounce serving, vitamin A, vitamin D, magnesium, phosphorus, 
          potassium, riboflavin, and vitamin B12 to levels found in fluid 
          dairy milk.
  
  SEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM.
  
      (a) In General.--Not later than 6 months after the date of the 
  enactment of this Act, the Secretary shall select school food 
  authorities to participate in a pilot program that evaluates the use of 
  plant-based alternate protein products and substitute for fluid milk 
  products under the school meal programs under the Richard B. Russell 
  National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the 
  Child Nutrition Act of 1966 (42 U.S.C. 1773).
      (b) Selection and Program Requirements.--
              (1) Selection requirements.--The Secretary shall select 
          school food authorities to participate in the pilot program 
          under this section that are nationally representative of school 
          food authorities in terms of size, geographic location, and 
          socioeconomic levels of students served.
              (2) Program requirements.--In addition to the commodities 
          delivered under section 6(b) of the Richard B. Russell National 
          School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall 
          deliver to the school food authorities selected to participate 
          in the pilot program under this section, at no cost to the 
          school food authorities, plant-based alternate protein products 
          and substitute for fluid milk products for schools under the 
          jurisdiction of such school food authorities for the 
          preparation of daily meals under--
                      (A) the school lunch program under the Richard B. 
                  Russell National School Lunch Act (42 U.S.C. 1751 et 
                  seq.); and
                      (B) the school breakfast program under section 4 of 
                  the Child Nutrition Act of 1966 (42 U.S.C. 1773).
      (c) Evaluation.--Not later than 24 months after the date of the 
  enactment of this Act the Secretary shall evaluate the pilot program 
  conducted under this section to assess--
              (1) which plant-based alternate protein products and 
          substitute for fluid milk products are superior with regard 
          to--
                      (A) cost-effectiveness;
                      (B) marketability to school food authorities;
                      (C) ease of preparation and use; and
                      (D) acceptance by children participating in the 
                  school meal programs under the Richard B. Russell 
                  National School Lunch Act (42 U.S.C. 1751 et seq.) and 
                  section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                  1773).
              (2) any other factors and outcomes associated with 
          increasing the availability of plant-based alternate protein 
          products and substitute for fluid milk products in schools, as 
          determined by the Secretary.
      (d) Funds.--Not later than October 15, 2011, out of the funds in 
  the Treasury not otherwise appropriated, the Secretary of Treasury 
  shall transfer to the Secretary of Agriculture $4,000,000 to carry out 
  this section. The Secretary of Agriculture shall be entitled to receive 
  the funds and shall accept the funds, without further appropriation.
  
  SEC. 5. PURCHASE OF PLANT-BASED COMMODITIES.
  
      (a) Purchase of Plant-Based Commodities.--Not later than 24 months 
  after the date of the enactment of this Act, in addition to the 
  commodities delivered under section 6(b) of the Richard B. Russell 
  National School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall 
  deliver plant-based alternate protein products and substitute for fluid 
  milk products that are determined to be superior according to the 
  findings of the evaluation conducted under section 4(c) for use in--
              (1) the school lunch program under the Richard B. Russell 
          National School Lunch Act (42 U.S.C. 1751 et seq.); and
              (2) the school breakfast program under section 4 of the 
          Child Nutrition Act of 1966 (42 U.S.C. 1773).
      (b) Training.--The Secretary shall provide training materials to 
  schools and school food authorities on the nutritional benefits and 
  preparation of plant-based meat alternates and alternate protein 
  product commodities for schoolchildren.
  
  SEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OPTIONS.
  
      (a) Rules.--Not later than 24 months after the date of the 
  enactment of this Act, the Secretary shall promulgate rules that--
              (1) based on the most recent Dietary Guidelines published 
          under section 301 of the National Nutrition Monitoring and 
          Related Research Act of 1990 (7 U.S.C. 5341), reflect specific 
          recommendations, expressed in serving recommendations, for 
          increased consumption of plant-based foods, including plant-
          based meat alternates and plant-based entrees, in school 
          nutrition programs under the Richard B. Russell National School 
          Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act 
          of 1966 (42 U.S.C. 1771 et seq.); and
              (2) provide for the distribution--
                      (A) to any school food authority in which at least 
                  two-thirds of the students served by the authority are 
                  offered a plant-based entree as a menu item on each 
                  daily school lunch menu, supplemental commodity 
                  assistance or cash in lieu thereof under section 14 of 
                  the Richard B. Russell National School Lunch Act 42 
                  U.S.C. 1762a) that--
                              (i) is not less than 25 percent of the 
                          total commodity assistance or cash in lieu 
                          thereof provided to the school food authority 
                          during the preceding school year; and
                              (ii) shall be used by the authority to 
                          purchase entirely plant-based commodity food 
                          products or substitute for fluid milk products;
                      (B) to each State educational agency in which a 
                  school food authority receives supplemental commodity 
                  assistance or cash in lieu thereof pursuant to 
                  paragraph (1), not more than 5 percent of such 
                  assistance or cash; and
                      (C) of increased levels of supplemental commodity 
                  assistance or cash in lieu thereof to school food 
                  authorities pursuant to paragraph (1) as school food 
                  authorities increase the number of students who are 
                  offered a plant-based entree as a menu item on each 
                  daily school lunch menu.
      (b) Authorization of Appropriations.--There are authorized to be 
  appropriated such sums as may be necessary to carry out this section.
  
  SEC. 7. SUBSTITUTE FOR FLUID MILK.
  
      (a) Amendments.--Section 9(a)(2) of the Richard B. Russell National 
  School Lunch Act (42 U.S.C. 1958(a)(2)(A)) is amended to read as 
  follows:
              ``(2) Fluid milk.--
                      ``(A) In general.--Lunches served by schools 
                  participating in the school lunch program under this 
                  Act--
                              ``(i) shall offer students fluid milk in a 
                          variety of fat contents; and
                              ``(ii) may offer students flavored and 
                          unflavored fluid milk, lactose-free fluid milk, 
                          and a nondairy substitute for fluid milk.
                      ``(B) Substitutes.--
                              ``(i) Standards for substitution.--A school 
                          shall substitute for the fluid milk provided 
                          under subparagraph (A)(i), a nondairy beverage 
                          that is nutritionally equivalent to 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, vitamin A, 
                          vitamin D, magnesium, phosphorus, potassium, 
                          riboflavin, and vitamin B12 to levels found in 
                          fluid dairy milk, and not less than 6 grams of 
                          protein per 8-ounce serving) for students who 
                          cannot consume fluid milk because of a 
                          disability or medical or other special dietary 
                          need.
                              ``(ii) 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 chapter shall be paid by the school 
                          food authority.''.
      (b) Effective Date.--The amendment made by subsection (a) shall 
  take effect not later than 24 months after the date of the enactment of 
  this Act.
target: Healthy School Meals Act of 2010 - Directs the Secretary of Agriculture to select school food authorities to participate in a pilot program evaluating the use of plant-based alternate protein products and fluid milk substitutes under the school lunch and breakfast programs.
  
  Directs the Secretary to: (1) deliver plant-based alternate protein products and fluid milk substitutes to such food authorities at no cost for the preparation of meals under the school lunch and breakfast programs; and (2) assess which of such foods would be best for more general use in the school lunch and breakfast programs, and deliver them for general use under such programs, within two years of this Acts' enactment.
  
   Requires the Secretary, within two years of this Act's enactment, to promulgate regulations that: (1) reflect specific recommendations for increased consumption of plant-based foods; and (2) provide for the distribution of supplemental commodity assistance or cash in lieu thereof to states and certain school food authorities that offer a plant-based entree on their daily lunch menus, for the purchase of entirely plant-based commodity food products or fluid milk substitutes.
  
  Requires schools participating in the school lunch program to serve a nondairy beverage that is nutritionally equivalent to fluid milk and meets certain nutritional standards to students who cannot consume fluid milk because of a disability or medical or other special dietary need. (Eliminates the requirement that students who cannot consume fluid milk due to a disability provide schools with a statement from a physician that identifies such disability and specifies the fluid milk substitute.)
feat_title: To provide plant-based commodities under the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under the Child Nutrition Act of 1966, and for other purposes.