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.

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

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.'.

END