I 
108TH CONGRESS 
1ST SESSION H. R. 3250
To amend the Richard B. Russell National School Lunch Act to establish 
programs to promote increased consumption of milk in schools and to 
improve the nutrition and health of children. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2003
Mr. THOMPSON of Mississippi (for himself, Mr. PETRI, Mr. GUTKNECHT, and 
Mr. KIND) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
A BILL 
To amend the Richard B. Russell National School Lunch 
Act to establish programs to promote increased consump-
tion of milk in schools and to improve the nutrition 
and health of children.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Nutrition Im-
provement 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 pro-
gram under this Act—
‘‘(i) shall offer students fluid milk; 
and 
‘‘(ii) shall offer students a variety of 
flavored and unflavored milk, as deter-
mined 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 re-
strict the sale or marketing of fluid milk 
products by the school (or by a person ap-
proved 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 nu-
tritional environments in schools and institutions re-
ceiving 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 Sec-
retary shall establish a program under which any 
such school or institution may (in accordance with 
paragraph (3)) receive an increase in the reimburse-
ment 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 ap-
proved 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 ap-
proval of plans of schools and institutions for 
increasing consumption of fluid milk. 
‘‘(B) CRITERIA.—An approved plan may—
‘‘(i) establish targeted goals for in-
creasing fluid milk consumption through-
out the school or institution or at school or 
institution activities; 
‘‘(ii) improve the accessibility, presen-
tation, 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 han-
dling requirements that promote the 
consumption of fluid milk; and 
‘‘(II) increased standard serving 
sizes for fluid milk consumed in mid-
dle and high schools. 
‘‘(C) ADMINISTRATION.—In establishing 
criteria for plans under this subsection, the Sec-
retary shall—
‘‘(i) take into account relevant re-
search; and 
‘‘(ii) consult with school food service 
professionals, nutrition professionals, food 
processors, agricultural producers, and 
other groups, as appropriate. 
‘‘(3) REIMBURSEMENT
RATES
AND
INCEN-
TIVES.—
‘‘(A) IN GENERAL.—For purposes of ad-
ministering the program established under
paragraph (1), the Secretary shall annually pro-
vide 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 in-
creasing the consumption of fluid milk under 
the program. 
‘‘(B) CRITERIA.—The Secretary may vary 
the increase in reimbursement rates and incen-
tives 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. 3. 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 ENVI-
RONMENT PROGRAM.—In this subsection, the term
‘healthy school environment program’ means a pro-
gram that—
‘‘(A) is designed to improve the environ-
ment 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 imple-
ment 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.—Notwith-
standing any other provision of law, the Secretary 
may accept funds from an entity referred to in para-
graph (3) solely for use in carrying out the program 
under this subsection.’’.
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