To amend the child nutrition laws to require that milk served in school lunch programs be consistent with the Dietary Guidelines for Americans and to expand eligibility for the Special Milk Program, and to establish a pilot program providing low-fat cheeses for school breakfast and lunch programs, and for other purposes.

Summary: Healthy Milk and Dairy Choices in Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to require the fat content of milk served in school lunches to be consistent with the most recent Dietary Guidelines for Americans.

Amends the Child Nutrition Act of 1966 to include nonprofit schools and child care institutions that participate in the school lunch or breakfast programs in the special milk program. (Currently, the special milk program reimburses nonprofit schools and child care institutions which do not participate in the school lunch or breakfast programs for the milk they provide to children.)

Establishes a three-year pilot program under which the Secretary of Agriculture purchases low-fat cheeses, in addition to commodities currently purchased, for use in the school lunch and breakfast programs. Requires the Secretary to evaluate and report to Congress on the program.

Allows the Secretary, through FY2016, to satisfy the requirement that at least 12% of school lunch program assistance be in the form of commodity assistance by using commodities procured by the Secretary under any provision of law.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Milk and Dairy Choices in 
Schools Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) 44 million Americans have low bone mass or 
        osteoporosis, causing $19 billion in hospital and nursing home 
        expenses annually.
            (2) Adequate calcium intake and weight-bearing exercise can 
        help build bone mass and prevent debilitating fractures.
            (3) 98 percent of maximum bone density is reached by age 
        20, making it especially important that children get enough 
        calcium.
            (4) The United States Department of Agriculture finds that 
        32 percent of children ages 4 through 8 and 90 percent of girls 
        and 70 percent of boys ages 9 through 19 do not meet current 
        calcium recommendations.
            (5) Per capita milk consumption in the United States has 
        been decreasing for 3 decades. Per capita milk consumption by 
        children fell quickly from 2005 to 2010, and this consumption 
        rate is declining even more rapidly as these children reach 
        their teenage years.
            (6) Fewer than half of school-age children participate in 
        school meal programs.
            (7) 87 percent of schools sell soft drinks, fruit drinks, 
        and sports drinks on campus through school meal programs, 
        vending machines, and other means.

SEC. 3. FAT CONTENT OF MILK IN SCHOOL LUNCH PROGRAMS.

    Section 9(a)(2)(A)(i) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758(a)(2)(A)(i)) is amended by inserting 
``consistent with 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)'' before the semicolon.

SEC. 4. EXPANSION OF SPECIAL MILK PROGRAM.

    Section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772) is 
amended--
            (1) by striking subsection (b);
            (2) in subsection (a), by striking paragraph (2) and 
        redesignating paragraph (1) and paragraphs (3) through (10) as 
        subsections (a) through (i), respectively;
            (3) in subsection (a), as redesignated by paragraph (2)--
                    (A) by striking ``, except as provided in paragraph 
                (2), which do not participate in a meal service program 
                authorized under this Act or the Richard B. Russell 
                National School Lunch Act,''; and
                    (B) by striking ``, which do not participate in a 
                meal service program authorized under this Act or the 
                Richard B. Russell National School Lunch Act''; and
            (4) in subsection (d), as redesignated by paragraph (2), by 
        striking ``which does not participate in a meal service program 
        authorized under this Act or the Richard B. Russell National 
        School Lunch Act''.

SEC. 5. PILOT PROGRAM PROVIDING LOW-FAT CHEESES FOR SCHOOL BREAKFAST 
              AND LUNCH PROGRAMS.

    (a) In General.--During the 3-year period beginning on the date 
that is not later than 60 days after the date of the enactment of this 
Act, the Secretary of Agriculture shall purchase low-fat cheeses for 
use in--
            (1) the school lunch program established under the Richard 
        B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 
        and
            (2) the school breakfast program established by section 4 
        of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
    (b) Purchase Additional to Commodity Distribution Program.--The 
low-fat cheeses purchased under subsection (a) shall be in addition to 
commodities delivered under section 6 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1755).
    (c) Evaluation and Report.--
            (1) Evaluation.--The Secretary shall conduct an evaluation 
        of--
                    (A) whether children participating in the school 
                lunch and breakfast programs described in subsection 
                (a) increased their consumption of low-fat cheeses 
                during the period described in subsection (a);
                    (B) which types of low-fat cheeses are most 
                appropriate for use in such school lunch and breakfast 
                programs, and how such cheeses may best be integrated 
                into such programs; and
                    (C) such other factors related to increasing 
                interest in and awareness of low-fat cheeses among 
                schoolchildren as the Secretary considers appropriate.
            (2) Report.--Not later than 90 days after the conclusion of 
        the 3-year period described in subsection (a), the Secretary 
        shall submit to the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate and the Committee on Education and Labor 
        of the House of Representatives a report describing the results 
        of the evaluation required by paragraph (1).
    (d) Low-Fat Cheese Defined.--In this section, the term ``low-fat 
cheese'' means cheese of any type whose solids contain a percentage of 
milkfat, to be determined by the Secretary, that is less than the 
percentage specified for such type of cheese in subpart B of part 133 
of title 21, Code of Federal Regulations.

SEC. 6. BUDGET NEUTRALITY OFFSET.

    Section 6(e)(1)(B) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ``October 1, 2003, 
and ending September 30, 2009'' and inserting ``October 1, 2010, and 
ending September 30, 2016''.