[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.
                                 <all>