Section 1. Findings.

(a)    Dietary guidelines prepared by the Department of Health and Human Services and the Department
        of Agriculture recommend diets that are low in fat, saturated fat, and cholesterol, in which fat
        comprises 30% or less of caloric intake, and saturated fat comprises less than 10% of caloric
        intake, for children over two years of age.

(b)    In accordance with the National School Lunch Act, the Department of Agriculture provides federal
        funding, subsidies and other assistance to schools that participate in the School Lunch program
        established by that Act.

(c)   The guidelines used by the Department of Agriculture in providing federal funding, subsidies and
        assistance to schools that participate in the School Lunch program do not ensure that lunches
        served by those schools comply with the Dietary Guidelines described in subsection (a).

(d)    In order to ensure that federal funding, subsidies and assistance will be distributed in a manner that
        encourages compliance with the Dietary Guidelines, it is necessary to transfer jurisdiction over the
        School Lunch program from the Department of Agriculture to an independent agency.

Section 2. The Federal School Lunch Commission.

(a)    There is hereby created a Federal School Lunch Commission, which may promulgate regulations
        which it deems necessary to ensure that federal funding, subsidies, and assistance under the
        National School Lunch Act are distributed in a manner that encourages compliance with the
        Dietary Guidelines, and encourages schools to provide healthy lunches.

(b)    The powers granted to the Department of Agriculture to provide federal funding, subsidies
        and assistance under the National School Lunch Act are hereby transferred to the Federal School
        Lunch Commission.

Section 3. Congressional oversight.

The Commissioner of the Federal School Lunch Commission (hereinafter "the Commissioner") shall
notify the Speaker of the House and the majority leader in the Senate at least sixty days prior to
promulgating any rule under this statute, and shall describe, with reasonable particularity, the proposed
content of the rule.

Section 4. Congressional resolution.

If the House and Senate pass a joint resolution opposing a proposed rule under this statute, the rule shall
not take effect for a period of two years from the date of passage of the resolution.

Section 5. Prohibition.

If the Commissioner determines that a school that participates in the School Lunch program is
providing lunches to students that do not comply with rules promulgated under this statute, or are
otherwise unhealthy, the Commissioner may discontinue any funding, subsidies or other assistance
to the school that are provided under the National School Lunch Act.

Shortly after the School Lunch Program Amendments of 1999 were enacted, the Commissioner
prepared a proposed rulemaking that would require schools to provide lunches that complied with the
Dietary Guidelines. In addition, the Commissioner determined that the sale of "fast food" (defined in the
rulemaking), soda, and various other "junk foods" listed in the rulemaking by schools participating in the
School Lunch program would impede compliance with the Dietary Guidelines. As a result, the proposed
rulemaking prohibited the sale of those food items by schools that participate in the school lunch program.
On June 1, 1999, the Commissioner notified Congress of her intent to propose the rule, and forwarded a
draft of the proposed rule to Congress. On July 20, 1999, the House and Senate passed a joint resolution
opposing the proposed rule. On August 20, 1999, the Commissioner promulgated a final rulemaking which
was essentially the same as the proposed rulemaking. On September 2, 1999, after the Commissioner
determined that Mercer High School was selling soda and various fast foods and junk foods prohibited by
the regulations, the Commissioner discontinued all funding, subsidies and other assistance to Mercer under
the National School Lunch Act. Mercer appealed the Commissioner's actions to federal court pursuant to
the judicial review provisions of the School Lunch Program Amendments of 1999 (not shown above), and
Mercer argued that the Commissioner's regulations are ineffective until July 20, 2001, under the terms of
the Act.
 
 

The attorney selected to represent the Commissioner should present the constitutional arguments
supporting the position that the Commissioner is empowered to discontinue funding, subsidies and
other assistance to Mercer. The attorney selected to represent Mercer should present the constitutional
arguments that support the position that the Commissioner lacks that power. The judge should be
prepared to explore the weaknesses of each side's arguments through questioning.
 

*** For purposes of this moot court, the parties should not address the constitutional issue of whether
the delegation of authority to the Commissioner is too broad, and should not address any non-
constitutional issues, such as whether the Commissioner was acting within her statutory authority
when she enacted regulations prohibiting the sale of soda, junk food, and fast food. The parties may,
however, address the issue of severability in their arguments.
 

Preparation: All students should prepare a written outline of the arguments for both parties,
regardless of whether they will be representing the Commissioner or Mercer. The outline should be
handed in at the end of the moot court.