I 
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 Representa-
tives 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 rec-
ommend that most school-age children and adoles-
cents consume three servings of milk or other dairy 
VerDate Sep 11 2014 
00:59 Oct 25, 2017
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4101.IH
H4101
lotter on DSKBCFDHB2PROD with BILLS
foods daily, with two-and-a-half servings rec-
ommended 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, in-
cluding three nutrients of public health concern: vi-
tamin 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 bene-
ficial or neutral effect on blood pressure, and may 
help reduce the risk of cardiovascular disease, coro-
nary heart disease, and stroke. 
(6) Throughout the history of school-based Fed-
eral 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. 
VerDate Sep 11 2014 
00:59 Oct 25, 2017
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4101.IH
H4101
lotter on DSKBCFDHB2PROD with BILLS
(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 en-
couraging 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 fol-
lowing: 
‘‘(A) IN
GENERAL.—Lunches served by 
schools participating in the school lunch pro-
gram 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 recommenda-
tions in the most recent Dietary Guidelines 
for Americans published under section 301 
of the National Nutrition Monitoring and 
VerDate Sep 11 2014 
00:59 Oct 25, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4101.IH
H4101
lotter on DSKBCFDHB2PROD with BILLS
Related Research Act of 1990 (7 U.S.C. 
5341); 
‘‘(ii) may offer students flavored and 
unflavored fluid milk (including low-fat fla-
vored 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 re-
stricts 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 sub-
stitute for fluid milk. 
‘‘(B) SUBSTITUTES.— 
‘‘(i) 
STANDARDS
FOR
SUBSTI-
TUTION.—A school may substitute for the 
fluid milk provided under subparagraph 
(A) a nondairy beverage that is nutrition-
ally equivalent to low-fat and fat-free fluid 
milk and meets nutritional standards es-
tablished by the Secretary (which shall, 
among other requirements to be deter-
mined by the Secretary, include fortifica-
tion of calcium, protein, vitamin A, vitamin 
VerDate Sep 11 2014 
00:59 Oct 25, 2017
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4101.IH
H4101
lotter on DSKBCFDHB2PROD with BILLS
D, magnesium, phosphorus, potassium, ri-
boflavin, 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 sub-
paragraph (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 re-
quired to provide beverages other than bev-
erages the school has identified as accept-
able substitutes. 
‘‘(iii) EXCESS
EXPENSES
BORNE
BY 
SCHOOL FOOD AUTHORITY.—Expenses in-
curred in providing substitutions under 
this subparagraph that are in excess of ex-
penses covered by reimbursements under 
VerDate Sep 11 2014 
00:59 Oct 25, 2017
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4101.IH
H4101
lotter on DSKBCFDHB2PROD with BILLS
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 participa-
tion 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; 
VerDate Sep 11 2014 
00:59 Oct 25, 2017
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4101.IH
H4101
lotter on DSKBCFDHB2PROD with BILLS
(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 profes-
sionals, nutritionists, and other scientific experts, 
proprietary and cooperative fluid milk processors, 
and national and State research and promotion pro-
grams 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 in-
crease 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 Na-
tional School Lunch Program, including the Fuel Up 
to Play 60 program sponsored by the National Dairy 
Council and the National Football League. 
VerDate Sep 11 2014 
00:59 Oct 25, 2017
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4101.IH
H4101
lotter on DSKBCFDHB2PROD with BILLS
SEC. 6. FLUID MILK PROMOTION. 
(a) PILOT PROGRAM.—Beginning not later than one 
year after the date of the enactment of this Act the Sec-
retary, 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 Sec-
retary, 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 break-
fast 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 refrig-
eration, more attractive packaging and merchan-
dising, and additional flavors. 
(c) TERMINATION.—The pilot program shall termi-
nate 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 
VerDate Sep 11 2014 
00:59 Oct 25, 2017
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4101.IH
H4101
lotter on DSKBCFDHB2PROD with BILLS