To amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to improve the nutrition and health of children in the United States.

November 6, 2003

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

To amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to improve the nutrition and health of children in the United States.

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 `Better Eating for Better Living Act of 2003'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 101. Reimbursement for school lunches.

Sec. 102. Nutritional quality of school meals.

TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966

Sec. 201. Funding for nutrition education.

TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.

SEC. 2. FINDINGS.

Congress finds that--

(1) heart disease, cancer, stroke, and diabetes are responsible for 2/3 of deaths in the United States;

(2) the major risk factors for those diseases and conditions are established in childhood through unhealthy eating habits, physical inactivity, obesity, and tobacco use;

(3) obesity rates have doubled in children and tripled in adolescents over the last 2 decades;

(4) today, 1 in 7 young people are obese, and 1 in 3 are overweight;

(5) obese children are twice as likely as nonobese children to become obese adults;

(6) overweightness and obesity can result in physical, psychological, and social consequences, including heart disease, diabetes, cancer, depression, decreased self-esteem, and discrimination;

(7) only 2 percent of children consume a diet that meets the 5 main recommendations for a healthy diet from the Food Guide Pyramid published by the Secretary of Agriculture;

(8) 3 out of 4 high school students in the United States do not eat the recommended 5 or more servings of fruits and vegetables each day; and

(9) 3 out of 4 children in the United States consume more saturated fat than is recommended in the Dietary Guidelines for Americans published by the Secretary of Agriculture.

TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

SEC. 101. REIMBURSEMENT FOR SCHOOL LUNCHES.

Section 4(b)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(2)) is amended by striking `10.5' and inserting `31'.

SEC. 102. NUTRITIONAL QUALITY OF SCHOOL MEALS.

(a) REVISION OF MEAL GUIDELINES- Section 9(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(1)) is amended by adding at the end the following:

`(C) REVISION OF NUTRITIONAL GUIDELINES-

`(i) IN GENERAL- The Secretary, in collaboration with experts in nutrition, school health, food service, and school administration, shall, not later than July 31, 2004, and every 5 years thereafter--

`(I) review the nutritional guidelines applicable to meals served under the school lunch program under this Act, taking into consideration--

`(aa) advances in the field of nutrition;

`(bb) identified public health risks relating to inadequate nutrition and overconsumption; and

`(cc) the needs of student populations covered by programs under this Act; and

`(II) issue revised nutritional guidelines, as necessary, including guidelines with respect to--

`(aa) the content of meals served of calories, fat (including types of fat), added sugars, fiber, sodium, vitamins, and minerals;

`(bb) the variety of foods offered;

`(cc) the availability of fruits and vegetables; and

`(dd) the cultural appropriateness of foods offered.

`(ii) APPLICABILITY- Revised nutritional guidelines issued by the Secretary under clause (i) shall apply to meals served under the school lunch program under this Act on and after the date that is 2 years after the date of issuance of the revised nutritional guidelines.'.

(b) FLUID MILK- Section 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended by striking subparagraph (B) and inserting the following:

`(B)(i) at a minimum, shall offer students a choice of lowfat or nonfat fluid milk; and

`(ii) in addition to the type of fluid milk offered under clause (i), may offer such other varieties of fluid milk as are--

`(I) consistent with expressed preferences of the student population; and

`(II) reasonably equivalent in calcium, protein, vitamin A, and vitamin K content and cost.'.

TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966

SEC. 201. FUNDING FOR NUTRITION EDUCATION.

Section 19(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1788 (i)) is amended--

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(2) by striking `(i) AUTHORIZATION OF APPROPRIATIONS- ' and all that follows through paragraph (1) and inserting the following:

`(i) FUNDING-

`(1) PAYMENTS- 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, to remain available until expended--

`(A) on October 1, 2003, $10,000,000;

`(B) on October 1, 2004, $15,000,000; and

`(C) on October 1, 2005, $20,000,000.

`(2) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.

`(3) GRANTS-

`(A) IN GENERAL- Subject to subparagraph (B), grants to each State from the amounts made available under paragraph (1) shall be based on a rate of 1/2 cent per average daily number of meals served, to be allocated among State, district, and school food service and health education authorities, as determined by the Secretary.

`(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.

END