S. 995

Child Nutrition Initiatives Act of 2003

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        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 995 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 995

To amend the Richard B. Russell National School Lunch Act and the Child
Nutrition Act of 1966 to improve certain child nutrition programs, and
for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 5, 2003

Mr. Leahy introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

A BILL

To amend the Richard B. Russell National School Lunch Act and the Child
Nutrition Act of 1966 to improve certain child nutrition programs, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Child Nutrition
Initiatives Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS

Sec. 101. Incentives for healthier schools.
Sec. 102. Grants to support farm-to-cafeteria projects.
TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS

Sec. 201. State administrative expenses.
Sec. 202. Special supplemental program for women, infants and children.
Sec. 203. Nutrition education and training.
TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.

TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS

SEC. 101. INCENTIVES FOR HEALTHIER 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) Incentives for Healthier 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 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,
fruits, and vegetables, 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, fruits, and vegetables.
``(B) Criteria.--An approved plan may--
``(i) establish targeted goals for
increasing fluid milk, fruit, and vegetable
consumption throughout the school or
institution or at school or institution
activities;
``(ii) improve the accessibility,
presentation, positioning, or promotion of
fluid milk, fruits, and vegetables throughout
the school or institution or at school or
institution activities;
``(iii) improve the ability of a school or
institution to tailor its food services to the
customs and demographic characteristics of--
``(I) the population of the school
or institution; and
``(II) the area where the school or
institution is located; and
``(iv) provide--
``(I) increased standard serving
sizes for fluid milk consumed in middle
and high schools; and
``(II) packaging, flavor variety,
merchandising, refrigeration, and
handling requirements that promote the
consumption of fluid milk, fruits, and
vegetables.
``(C) Administration.--In establishing criteria for
approval of 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.--
``(A) In general.--For purposes of administering
the program established under paragraph (1), the
Secretary shall increase reimbursement rates for meals under this Act
and the Child Nutrition Act of 1966 in an amount equal to 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, fruits, and vegetables under the program.
``(B) Criteria.--The Secretary may vary the
increase in reimbursement rates for meals based on the
degree to which the school or institution adopts the
criteria established by the Secretary under paragraph
(2).''.

SEC. 102. GRANTS TO SUPPORT FARM-TO-CAFETERIA PROJECTS.

Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) (as amended by section 101) is amended by adding at the
end the following:
``(r) Grants To Support Farm-to-Cafeteria Projects.--
``(1) In general.--To improve access to local foods 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. 1768)), the Secretary
shall provide competitive grants to nonprofit entities and
educational institutions to establish and carry out farm-to-
cafeteria projects that may include the purchase of equipment,
the procurement of foods, and the provision of training and
education activities.
``(2) Preference for certain projects.--In selecting farm-
to-cafeteria projects to receive assistance under this
subsection, the Secretary shall give preference to projects
designed to--
``(A) procure local foods from small- and medium-
sized farms for the provision of foods for school
meals;
``(B) support nutrition education activities or
curriculum planning that incorporates the participation
of school children in farm and agriculture education
projects; and
``(C) develop a sustained commitment to farm-to-
cafeteria projects in the community by linking schools,
agricultural producers, parents, and other community
stakeholders.
``(3) Technical assistance and related information.--
``(A) Technical assistance.--In carrying out this
subsection, the Secretary may provide technical
assistance regarding farm-to-cafeteria projects,
processes, and development to an entity seeking the
assistance.
``(B) Sharing of information.--The Secretary may
provide for the sharing of information concerning farm-
to-cafeteria projects and issues among and between
government, private for-profit and nonprofit groups,
and the public through publications, conferences, and
other appropriate means.
``(4) Grants.--
``(A) In general.--From amounts made available to
carry out this subsection, the Secretary shall make
grants to assist private nonprofit entities and
educational institutions to establish and carry out
farm-to-cafeteria projects.
``(B) Maximum amount.--The maximum amount of a
grant provided to an entity under this subsection shall
be $100,000.
``(C) Matching funds requirements.--
``(i) In general.--The Federal share of the
cost of establishing or carrying out a farm-to-
cafeteria project that receives assistance
under this subsection may not exceed 75 percent
of the cost of the project during the term of
the grant, as determined by the Secretary.
``(ii) Form.--In providing the non-Federal
share of the cost of carrying out a farm-to-
cafeteria project, the grantee shall provide
the share through a payment in cash or in kind,
fairly evaluated, including facilities,
equipment, or services.
``(iii) Source.--An entity may provide the
non-Federal share through State government,
local government, or private sources.
``(D) Administration.--
``(i) Single grant.--A farm-to-cafeteria
project may be supported by only a single grant
under this subsection.
``(ii) Term.--The term of a grant made
under this subsection may not exceed 3 years.
``(5) Evaluation.--Not later than January 30, 2008, the
Secretary shall--
``(A) provide for the evaluation of the projects
funded under this subsection; and
``(B) submit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report on the results of the evaluation.
``(6) Funding.--
``(A) In general.--On October 1, 2002, and on each
October 1 thereafter through October 1, 2007, out of
any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the
Secretary of Agriculture to carry out this subsection
$10,000,000, to remain available until expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.''.

TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS

SEC. 201. STATE ADMINISTRATIVE EXPENSES.

(a) Minimum Amount.--Section 7(a)(2) of the Child Nutrition Act of
1966 (42 U.S.C. 1776(a)(2)) is amended by striking the last sentence
and inserting the following: ``In no case shall the grant available to
any State under this subsection be less than $200,000, as adjusted
in accordance with section 11(a)(3)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)).''.
(b) Extension.--Section 7(g) of the Child Nutrition Act of 1966 (42
U.S.C. 1776(g) is amended by striking ``2003'' and inserting ``2008''.

SEC. 202. SPECIAL SUPPLEMENTAL PROGRAM FOR WOMEN, INFANTS AND CHILDREN.

(a) Sense of Congress on Full Funding for WIC.--It is the sense of
Congress that the special supplemental nutrition program for women,
infants, and children established under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) should be fully funded for
fiscal year 2004 and each subsequent fiscal year so that all eligible
participants for the program will be permitted to participate at the
full level of participation for individuals in their category, in
accordance with regulations promulgated by the Secretary of
Agriculture.
(b) Reauthorization of Program.--Section 17(g)(1) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(g)(1)) is amended in the first
sentence by striking ``2003'' and inserting ``2008''.
(c) Nutrition Services and Administration Funds.--Section 17(h) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended--
(1) in paragraph (2)(A), by striking ``2003'' and inserting
``2008''; and
(2) in paragraph (10)(A), by striking ``2003'' and
inserting ``2008''.
(d) Farmers' Market Nutrition Program.--Section 17(m) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)) is amended--
(1) in paragraph (1), by striking ``(m)(1) Subject'' and
all that follows through ``the Secretary'' and inserting the
following:
``(m) Farmers' Market Nutrition Program.--
``(1) In general.--The Secretary'';
(2) in paragraph (6)(B)--
(A) by striking ``(B)(i) Subject to the
availability of appropriations, if'' and inserting the
following:
``(B) Minimum amount.--If''; and
(B) by striking clause (ii); and
(3) in paragraph (9), by striking ``(9)(A)'' and all that
follows through the end of subparagraph (A) and inserting the
following:
``(9) Funding.--
``(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
to carry out this subsection--
``(i) on October 1, 2003, $25,000,000;
``(ii) on October 1, 2004, $29,000,000;
``(iii) on October 1, 2005, $33,000,000;
``(iv) on October 1, 2006, $37,000,000; and
``(v) on October 1, 2007, $41,000,000.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
``(C) Availability of funds.--Funds transferred
under subparagraph (A) shall remain available until
expended.''.

SEC. 203. NUTRITION EDUCATION AND TRAINING.

Section 19(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1788
(i)) is amended by striking ``(i) Authorization of Appropriations.--''
and all that follows through the end of paragraph (1) and inserting the
following:
``(i) Funding.--
``(1) Payments.--
``(A) In general.--On October 1, 2003, and on each
October 1 thereafter through October 1, 2007, out of
any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the
Secretary of Agriculture to carry out this section
$27,000,000, to remain available until expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.
``(2) Grants.--
``(A) In general.--Grants to each State from the
amounts made available under subparagraph (A) shall be
based on a rate of 50 cents for each child enrolled in
schools or institutions within the State.
``(B) Minimum amount.--The minimum amount of a
grant provided to a State for a fiscal year under this
section shall be $200,000, as adjusted in accordance
with section 11(a)(3)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1759a(a)(3)(B)).''.

TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

This Act and the amendments made by this Act take effect on October
1, 2003.
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