[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3250 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3250
To amend the Richard B. Russell National School Lunch Act to establish
programs to promote increased consumption of milk in schools and to
improve the nutrition and health of children.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 7, 2003
Mr. Thompson of Mississippi (for himself, Mr. Petri, Mr. Gutknecht, and
Mr. Kind) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Richard B. Russell National School Lunch Act to establish
programs to promote increased consumption of milk in schools and to
improve the nutrition and health of children.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Nutrition Improvement Act of
2003''.
SEC. 2. CONSUMPTION OF MILK IN SCHOOLS.
(a) Fluid Milk.--
(1) In general.--Section 9(a) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(a)) is amended by
striking paragraph (2) and inserting the following:
``(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; and
``(ii) shall offer students a variety of
flavored and unflavored milk, as determined by
the school.
``(B) Fluid milk products.--A school or institution
that participates in the school lunch program under
this Act--
``(i) may offer a la carte fluid milk
products to be sold in addition to and, at the
option of the school, adjacent to fluid milk
offered as part of a reimbursable meal; and
``(ii) shall not directly or indirectly
restrict the sale or marketing of fluid milk
products by the school (or by a person approved
by the school) at any time or any place--
``(I) on the school premises; or
``(II) at any school-sponsored
event.''.
(2) Application.--The amendment made by paragraph (1)
applies to an agreement or contract entered into on or after
the date of enactment of this Act.
(b) Increased Consumption of Milk in Schools.--Section 12 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is
amended by adding at the end the following:
``(q) Increased Consumption of Milk in Schools.--
``(1) In general.--To encourage healthier nutritional
environments in schools and institutions receiving funds under
this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) (other than section 17 of that Act (42 U.S.C. 1786)), the
Secretary shall establish a program under which any such school
or institution may (in accordance with paragraph (3)) receive
an increase in the reimbursement rate for free and reduced
price meals otherwise payable under this Act and the Child
Nutrition Act of 1966, if the school or institution implements
a plan for improving the nutritional value of meals consumed in
the school or institution by increasing the consumption of
fluid milk in the school, as approved by the Secretary in
accordance with criteria established by the Secretary.
``(2) Plans.--
``(A) In general.--For purposes of the program
established under paragraph (1), the Secretary shall
establish criteria for the approval of plans of schools
and institutions for increasing consumption of fluid
milk.
``(B) Criteria.--An approved plan may--
``(i) establish targeted goals for
increasing fluid milk consumption throughout
the school or institution or at school or
institution activities;
``(ii) improve the accessibility,
presentation, positioning, or promotion of
fluid milk throughout the school or institution
or at school or institution activities;
``(iii) improve the ability of a school or
institution to tailor the plan to the customs
and demographic characteristics of--
``(I) the population of the school
or institution; and
``(II) the area in which the school
or institution is located; and
``(iv) provide--
``(I) packaging, flavor variety,
merchandising, refrigeration, and
handling requirements that promote the
consumption of fluid milk; and
``(II) increased standard serving
sizes for fluid milk consumed in middle
and high schools.
``(C) Administration.--In establishing criteria for
plans under this subsection, the Secretary shall--
``(i) take into account relevant research;
and
``(ii) consult with school food service
professionals, nutrition professionals, food
processors, agricultural producers, and other
groups, as appropriate.
``(3) Reimbursement rates and incentives.--
``(A) In general.--For purposes of administering
the program established under paragraph (1), the
Secretary shall annually provide reimbursement rates
and incentives for free and reduced price meals
otherwise payable under this Act and the Child
Nutrition Act of 1966 of not less than 2 cents and not
more than 10 cents per meal, to reflect the additional
costs incurred by schools and institutions in
increasing the consumption of fluid milk under the
program.
``(B) Criteria.--The Secretary may vary the
increase in reimbursement rates and incentives for free
and reduced price meals based on the degree to which
the school or institution adopts the criteria
established by the Secretary under paragraph (2).''.
SEC. 3. IMPROVED NUTRITION AND PHYSICAL ACTIVITY LEVEL OF CHILDREN.
Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) (as amended by section 2(b)) is amended by adding at the
end the following:
``(r) Improved Nutrition and Physical Activity Level of Children.--
``(1) Definition of healthy school environment program.--In
this subsection, the term `healthy school environment program'
means a program that--
``(A) is designed to improve the environment of a
school with respect to the nutrition and physical
activity level of children enrolled in the school; and
``(B) includes steps to improve and make available
healthy food choices (including fruits, vegetables, and
dairy products).
``(2) Program.--The Secretary shall carry out a program to
provide grants to schools that implement healthy school
environment programs.
``(3) Administration.--In carrying out the program, the
Secretary may enter into cooperative agreements with--
``(A) nonprofit organizations;
``(B) educational and scientific institutions;
``(C) Federal, State, and local agencies; and
``(D) other entities that contribute funds or in-
kind services for the program.
``(4) Acceptance of funds.--Notwithstanding any other
provision of law, the Secretary may accept funds from an entity
referred to in paragraph (3) solely for use in carrying out the
program under this subsection.''.
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