II Calendar No. 293 118THCONGRESS 1 STSESSION H. R. 1147 IN THE SENATE OF THE UNITED STATES DECEMBER14, 2023 Received; read the first time D ECEMBER18, 2023 Read the second time and placed on the calendar AN ACT To amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Whole Milk for 4 Healthy Kids Act of 2023’’. 5 SEC. 2. ORGANIC OR NON-ORGANIC WHOLE MILK PERMIS-6 SIBLE. 7 Section 9(a)(2) of the Richard B. Russell National 8 School Lunch Act (42 U.S.C. 1758(a)(2)) is amended— 9 VerDate Sep 11 2014 00:19 Dec 19, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1147.PCS H1147 2 HR 1147 PCS (1) by amending subparagraph (A) to read as 1 follows: 2 ‘‘(A) I N GENERAL.—Lunches served by 3 schools participating in the school lunch pro-4 gram under this Act— 5 ‘‘(i) shall offer students a variety of 6 fluid milk; 7 ‘‘(ii) may offer students flavored and 8 unflavored organic or non-organic whole, 9 reduced-fat, low-fat and fat-free fluid milk 10 and lactose-free fluid milk; and 11 ‘‘(iii) shall provide a substitute for 12 fluid milk for students whose disability re-13 stricts their diet, on receipt of a written 14 statement from a licensed physician that 15 identifies the disability that restricts the 16 student’s diet and that specifies the sub-17 stitute for fluid milk.’’; and 18 (2) by adding at the end the following: 19 ‘‘(D) S ATURATED FAT.—Milk fat included 20 in any fluid milk provided under subparagraph 21 (A) shall not be considered saturated fat for 22 purposes of measuring compliance with the al-23 lowable average saturated fat content of a meal 24 VerDate Sep 11 2014 00:19 Dec 19, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1147.PCS H1147 3 HR 1147 PCS under section 210.10 of title 7, Code of Federal 1 Regulations (or successor regulations). 2 ‘‘(E) P ROHIBITION ON CERTAIN PUR -3 CHASES.—The Secretary shall prohibit schools 4 participating in the school lunch program under 5 this Act from purchasing or offering milk pro-6 duced by China state-owned enterprises. 7 ‘‘(F) L IMITATION ON AUTHORITY .—The 8 Secretary may not prohibit any school partici-9 pating in the school lunch program under this 10 Act from offering students the milk described in 11 subparagraph (A)(ii).’’. 12 Passed the House of Representatives December 13, 2023. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 00:19 Dec 19, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1147.PCS H1147 Calendar No. 293 118 TH CONGRESS 1 ST S ESSION H. R. 1147 AN ACT To amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk. D ECEMBER 18, 2023 Read the second time and placed on the calendar VerDate Sep 11 2014 00:19 Dec 19, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\H1147.PCS H1147