I 
108TH CONGRESS 
1ST SESSION H. R. 2987
To amend the Richard B. Russell National School Lunch Act to improve 
the nutrition of students served under child nutrition programs. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2003
Ms. WOOLSEY introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend the Richard B. Russell National School Lunch 
Act to improve the nutrition of students served under 
child nutrition programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NUTRITIONAL IMPROVEMENT FOR CHILDREN 
SERVED 
UNDER 
CHILD 
NUTRITION 
PRO-
GRAMS. 
(a) IN GENERAL.—Section 18 of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1769) is 
amended by adding at the end the following: 
‘‘(h) HEALTHY SCHOOL NUTRITION ENVIRONMENT 
INCENTIVE GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program under which the Secretary shall make 
competitive grants to selected local educational agen-
cies—
‘‘(A) to create healthy school nutrition en-
vironments; and 
‘‘(B) to assess the impact of the environ-
ments on the health and well-being of children 
enrolled in the schools. 
‘‘(2) SELECTION
OF
SCHOOLS.—In selecting 
local educational agencies to receive incentive grants 
under this subsection, the Secretary shall—
‘‘(A) ensure that not less than 75 percent 
of the schools under the jurisdiction of the 
agencies selected to participate in the program 
established under this subsection are schools in 
which not less than 50 percent of the students 
enrolled in each school are eligible for free or 
reduced price meals under this Act; 
‘‘(B) ensure that, of the agencies selected 
to participate in the program, there is appro-
priate representation of rural, urban, and sub-
urban schools, as determined by the Secretary; 
‘‘(C) ensure that, of the agencies selected 
to participate in the program, there is appro-
priate representation of elementary, middle, and 
secondary schools, as determined by the Sec-
retary; 
‘‘(D) ensure that agencies selected to re-
ceive a grant under this subsection meet the re-
quirements of paragraph (3); 
‘‘(E) give priority to agencies that develop 
comprehensive plans that include the involve-
ment of a broad range of community stake-
holders in achieving healthy school nutrition en-
vironments; 
‘‘(F) give priority to agencies that develop 
comprehensive plans that include a strategy for 
maintaining healthy school nutrition environ-
ments in the years following the fiscal years for 
which the agencies receive grants under this 
subsection; 
‘‘(G) select only agencies that submit grant 
applications by May 1, 2004; and 
‘‘(H) make grant awards effective not later 
than July 15, 2004. 
‘‘(3) REQUIREMENTS.—
‘‘(A) INPUT.—Prior to the solicitation of 
proposals for grants under this subsection, the 
Secretary shall solicit input from appropriate
nutrition, health, and education organizations 
(such as the American School Food Service As-
sociation, the American Dietetic Association, 
and the National School Boards Association) 
regarding the appropriate criteria for a healthy 
school environment. 
‘‘(B) CRITERIA FOR HEALTHY SCHOOL EN-
VIRONMENTS.—The Secretary shall, taking into 
account input received under subparagraph (A), 
establish criteria for defining a healthy school 
environment, including criteria that—
‘‘(i) provide program meals that meet 
nutritional standards for breakfasts and 
lunches established by the Secretary; 
‘‘(ii) ensure that all food served (in-
cluding food served in participating schools 
and service institutions in competition with 
the programs authorized under this Act 
and the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.)) on school grounds 
during regular school hours is consistent 
with the nutritional standards for break-
fasts and lunches established by the Sec-
retary;
‘‘(iii) promote the consumption of 
fruits and vegetables; 
‘‘(iv) provide nutrition education to 
students and staff; and 
‘‘(v) meet other criteria established by 
the Secretary. 
‘‘(C) PLANS.—To be eligible to receive a 
grant under this subsection, a local educational 
agency shall submit to the Secretary a healthy 
school nutrition environment plan that describes 
the actions the schools under the jurisdiction of 
such agency will take to meet the criteria estab-
lished under subparagraph (B). 
‘‘(4) GRANTS.—For each of fiscal years 2005 
through 2008, the Secretary shall make a grant to 
each agency selected under paragraph (2). 
‘‘(5) EVALUATIONS.—
‘‘(A) IN GENERAL.—The Secretary, acting 
through the Administrator of the Food and Nu-
trition Service, shall conduct an evaluation of a 
representative sample of schools that receive 
grants under this subsection. 
‘‘(B) CONTENT.—The evaluation shall 
measure, at a minimum, the effects of a healthy 
school nutrition environment on—
‘‘(i) overweight children and obesity; 
‘‘(ii) dietary intake; 
‘‘(iii) nutrition education and behav-
ior; 
‘‘(iv) the adequacy of time to eat; 
‘‘(v) physical activities; 
‘‘(vi) parental and student attitudes 
and participation; and 
‘‘(vii) related funding issues, including 
the cost of maintaining a healthy school 
nutrition environment. 
‘‘(C) REPORTS.—The Secretary shall sub-
mit to the Committee on Education and the 
Workforce of the House of Representatives and 
the Committee on Agriculture, Nutrition, and 
Forestry of the Senate—
‘‘(i) not later than December 31, 
2005, an interim report on the activities of 
schools evaluated under this subsection; 
and 
‘‘(ii) not later than December 31, 
2007, a final report on the activities of 
schools evaluated under this subsection. 
‘‘(6) 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 sub-
section—
‘‘(i) on October 1, 2003, $10,000,000; 
and 
‘‘(ii) on October 1, 2004, and each 
October 1 thereafter through October 1, 
2006, $35,000,000. 
‘‘(B) RECEIPT
AND
ACCEPTANCE.—The 
Secretary shall be entitled to receive, shall ac-
cept, and shall use to carry out this section the 
funds transferred under subparagraph (A), 
without further appropriation. 
‘‘(C) AVAILABILITY
OF
FUNDS.—Funds 
transferred under subparagraph (A) shall re-
main available until expended. 
‘‘(D) EVALUATIONS.—Of the funds made 
available under this paragraph, the Secretary 
shall use not more than $5,000,000 to conduct 
evaluations under paragraph (5).’’. 
(b) COMPETITIVE FOODS IN SCHOOLS.—
(1) IN GENERAL.—Section 10 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1779) is amended—
(A) in subsection (a), by striking ‘‘, includ-
ing’’ and all that follows through ‘‘Lunch Act’’; 
and 
(B) by striking subsection (b) and insert-
ing the following: 
‘‘(b) COMPETITIVE FOODS IN SCHOOLS.—
‘‘(1) IN GENERAL.—The regulations under sub-
section (a) may include provisions that regulate the 
service of food in participating schools and service 
institutions in competition with the programs au-
thorized under this Act and the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) 
(referred to in this subsection as ‘competitive 
foods’). 
‘‘(2) REGULATIONS.—The regulations promul-
gated under paragraph (1)—
‘‘(A) shall apply to all school grounds dur-
ing the duration of the school day; 
‘‘(B) shall not supersede or otherwise af-
fect State and local regulations on competitive 
foods that, as determined by the Secretary, con-
form to the nutritional goals of the regulations 
promulgated by the Secretary; 
‘‘(C) shall require that the proceeds from 
the sale of competitive foods in schools be used
for the benefit of the schools or of organizations 
of students approved by the schools, if those 
sales are allowed by the regulations; 
‘‘(D) shall take into account the differing 
needs of—
‘‘(i) elementary schools; 
‘‘(ii) middle schools and junior high 
schools; and 
‘‘(iii) high schools; and 
‘‘(E) shall implement the recommendations 
of the Institute of Medicine made under para-
graph (3). 
‘‘(3) INSTITUTE OF MEDICINE RECOMMENDA-
TIONS.—
‘‘(A) IN GENERAL.—The Secretary of Ag-
riculture shall offer to enter into an agreement 
with the Institute of Medicine of the National 
Academy of Sciences under which the Institute 
of Medicine, based on sound nutritional science, 
shall make recommendations to the Secretary 
regarding the regulation of competitive foods 
(as defined in section 10(b)(1) of the Child Nu-
trition Act of 1966 (as amended by paragraph 
(1)(B))).
‘‘(B) REGULATIONS.—Not later than 1 
year after the date of receipt of final rec-
ommendations from the Institute of Medicine, 
the Secretary shall promulgate regulations to 
carry out section 10(b) of the Child Nutrition 
Act of 1966 (as amended by paragraph (1)(B)) 
in accordance with the recommendations of the 
Institute of Medicine. 
‘‘(C) REPORT.—Not later than 1 year 
after the date of receipt of final recommenda-
tions from the Institute of Medicine, the Sec-
retary shall submit to the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report 
that describes the actions of the Secretary 
under subparagraph (B).’’.
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