[Congressional Record Volume 149, Number 96 (Thursday, June 26, 2003)]
[Senate]
[Pages S8761-S8762]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL (for himself, Mr. Bayh, and Mr. Fitzgerald):
  S. 1367. A bill to amend the Richard B. Russell National School Act 
to establish programs to promote increased consumption of milk in 
schools and to improve the nutrition and health of children; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. McCONNELL. Mr. President, I rise today to introduce a very 
important piece of legislation that could provide great benefits for 
the health of our young people while simultaneously strengthening the 
future viability of dairy producers throughout the United States.
  My bill, the Child Nutrition Improvement Act of 2003, would provide 
incentives for schools to encourage the consumption of milk as part of 
the school lunch program and supply needed flexibility for schools to 
offer a wide variety of milk products and flavors.
  There is no doubt that the eating habits we develop when we are young 
affect our habits and nutritional choices for the rest of our lives. 
The school lunch program has provided a key tool in promoting healthy 
eating habits among young people, which have both health and 
educational benefits.
  Milk has been a critical component of the school lunch program 
because it is the principal source of calcium and a leading source of 
several other important nutrients in our diet. That was true when the 
federal program began in 1946 and it is still true today.
  With 9 out of 10 teenage girls and 7 out of 10 teenage boys currently 
not getting enough calcium, milk's important is perhaps greater today 
than ever before. Serving milk with the school lunch is a critical step 
in addressing the calcium crisis. Federal child health experts who are 
on the frontlines fighting the calcium crisis recognize milk's central 
role in addressing the problem. Study after study, emphasize the need 
for growing children and teens to consume more milk for healthy bones, 
and the American Academy of Pediatrics has urged its members to 
recommend their patients get enough milk, cheese, yogurt and other 
calcium rich foods to help build bone mass.
  As a result of these recommendations, we have seen a push for more 
milk in more places in school, like vending machines and school stores. 
There's a real concern about nutritious choices for school children, 
and many

[[Page S8762]]

local school districts and state legislatures are pushing to add more 
healthful beverage choices like milk.
  A large school vending test in 2001 demonstrated that kids will 
eagerly buy milk from vending machines in schools when it is offered. 
The test was heralded by school nutritionists and helped stimulate 
nationwide interest in getting milk vending machines into more schools.
  A pilot test conducted in 146 schools with 100,000 students showed 
dramatic increases in milk consumption--15 percent in elementary 
schools and 22 percent in secondary schools--when simple improvements 
were made in the way milk was packaged and presented to students. The 
milk was served colder and kids loved the addition of a third flavor, 
it was usually strawberry. No only did kids drink more milk, more kids 
ate in the cafeteria. That meant they not only got milk, they also got 
improved nutrition through greater intake of vegetables, fruits and 
other nutritionally important foods.
  Milk has an unsurpassed nutrient package for young children and 
teens. Milk has nine essential vitamins and minerals, including 
calcium, vitamins A, D and B12, protein, potassium, riboflavin, niacin 
and phosphorus. These nutrients are critical to good health and the 
prevention of chronic disease. In addition, it is the primary way that 
growing children get the calcium they need. In fact, according to the 
U.S. Department of Agriculture about 75 percent of the calcium in our 
food supply comes from milk and foods made with milk. By about age 20, 
the average young person has acquired about 98 percent of his or her 
skeletal mass. Building strong bones during childhood and adolescence 
is one of the best defenses against developing osteoporosis later in 
life.
  In addition to the bone-building benefits of milk, research indicates 
that a diet rich in low-fat milk may help reduce the risk of high blood 
pressure and heart disease and help prevent breast cancer, colon cancer 
and even help in the fight against obesity.
  Milk's role in a nutritious diet has long been noted by the nutrition 
and science community, including the American Academy of Pediatrics, 
the American Dietetic Association, the National Institute of Child 
Health and Human Development, the National Osteoporosis Foundation, the 
U.S. Department of Agriculture, and many other reputable health 
organizations.
  As I have already mentioned, government statistics indicate that we 
have a calcium crisis among our children and youth. Nearly 90 percent 
of teenage girls and almost 70 percent of teenage boys fail to get 
enough calcium in their diets. During the teen years nearly half of all 
bone is formed and about 15 percent of your adult height is added. As a 
national health priority, for proper growth and development, we need to 
be doing all we can to encourage our children and youth to drink milk, 
and that is the goal of the legislation I am introducing today.
  I ask my colleagues for your support of this important piece of 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1367

       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. 4. 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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