| S 995 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.
`(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
`(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.
`(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.
`(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.
`(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:
`(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:
`(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.
`(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.
END
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