[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2592 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2592

  To promote improved nutrition for needy Americans, including women, 
  infants, children, and students, by revising and enhancing Federal 
     nutrition programs to incorporate a greater role for fruits, 
              vegetables, and 100 percent juice products.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2003

Mr. Putnam (for himself, Mr. Cardoza, Mr. Baca, Mr. Nunes, Mr. Filner, 
    Mr. Foley, Mr. Radanovich, Mr. Boyd, Ms. Harris, and Mr. Pombo) 
 introduced the following bill; which was referred to the Committee on 
   Education and the Workforce, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To promote improved nutrition for needy Americans, including women, 
  infants, children, and students, by revising and enhancing Federal 
     nutrition programs to incorporate a greater role for fruits, 
              vegetables, and 100 percent juice products.

    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 referred to as the ``Healthy America Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The United States faces a continuing challenge in 
        improving the quality of the Nation's diet as the economic 
        costs of poor nutrition, which contributes to coronary heart 
        disease, cancer, stroke, and diabetes, 4 of the 10 leading 
        causes of death, are significant.
            (2) Consumption of a healthy diet including nutritionally 
        rich fruit and vegetables is essential for normal growth and 
        development, and critical to promoting health and preventing an 
        array of chronic diseases, as an estimated \1/3\ of cancer 
        deaths could be prevented by healthy diets.
            (3) Most children and adults do not meet the recommended 
        guidelines of 5 servings a day of fruit and vegetables, with 
        only 15 percent of elementary students consuming the 
        recommended requirement, and \1/4\ of adults.
            (4) Among needy students, school nutrition programs often 
        provide the primary opportunity for consumption of 
        nutritionally valuable foods.
            (5) Breakfast is a critical meal for children and provides 
        the nutrition necessary to optimize their learning capacities.
            (6) The Special Supplemental Nutrition Program for Women, 
        Infants, and Children (WIC), designed to safeguard the health 
        of needy women, infants, and children has changed little in 
        nearly 3 decades and does not reflect many current nutritional 
        practices. To enhance the nutritional benefits for this at-risk 
        population, fruits and vegetables should be available under the 
        WIC program.
    (b) Purposes.--The purposes of this Act are:
            (1) To promote improved nutrition for needy Americans, 
        including women, infants, children, and students, by revising 
        and enhancing Federal nutrition programs to incorporate a 
        greater role for fruits, vegetables, and 100 percent juice 
        products.
            (2) To extend, expand, and enhance Federal nutrition 
        policies that recognize and directly encourage consumption of 
        fruits, vegetables, and juices as critical to promoting health 
        and preventing an array of chronic diseases.
            (3) To develop nutrition policies that increase awareness 
        and understanding of the benefits provided by fruits and 
        vegetables with respect to disease prevention and health 
        promotion, as fruit and vegetable consumption is an important 
        component of a balanced diet.
            (4) To elevate the Federal government's investment in 
        nutrition program priorities to better address the significant 
        role fruit and vegetables play in health promotion and disease 
        prevention for the neediest Americans.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``fruit and vegetables'' means fruits and 
        vegetables that meet the guidelines developed by the National 
        Cancer Institute and Produce for Better Health Foundation for 
        the 5 A Day for Better Health program; and nuts
            (2) the term ``juice'' means 100 percent juice or juice 
        concentrate, without added fat or sugar.

SEC. 4. SCHOOL BREAKFAST PROGRAM.

    (a) Availability of Fruits and Juices.--Section 4(e) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended by adding at the 
end of paragraph (1)(A) the following: ``The Secretary shall require 
that schools participating in the school breakfast program under this 
section shall make available fruits and 100 percent juices, regardless 
of menu planning options.''.
    (b) Commodities Purchase Program for Breakfasts.--
            (1) In general.--Section 6(c) of the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1755(c)) is amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) The value of donated foods, or cash payments made in 
        lieu thereof, shall be 5 cents for the school breakfast 
        program.''.
            (2) Conforming amendment.--Section 6(b) of the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1755(b)) is 
        amended by ``and school breakfast program'' after ``school 
        lunch program''.

SEC. 5. EXPANSION OF FRUIT AND VEGETABLE PILOT PROGRAM.

    Section 18(g) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769(g)) is amended to read as follows--
    ``(g) Fruit and Vegetable Pilot Program.--
            ``(1) In general.--In the school year beginning July 2004, 
        and in each of the 5 school years thereafter, the Secretary 
        shall carry out a pilot program in--
                    ``(A) 25 elementary or secondary schools in each of 
                the 50 States, and in elementary or secondary schools 
                on 10 Indian reservations, to make available to 
                students free fresh and dried fruits and fresh 
                vegetables during the school day in 1 or more areas 
                designated by the school; and
                    ``(B) 25 service institutions in each of the 50 
                States participating in the summer food service program 
                for children established under section 13, to make 
                available to children free fresh and dried fruits and 
                fresh vegetables during the day of operation in 1 or 
                more areas designated by the service institution.
            ``(2) Publicity.--A school or service institution that 
        participates in the pilot program shall widely publicize within 
        the school or service institution the availability of free 
        fruits and vegetables under the pilot program.
            ``(3) Administrative costs.--A participating school or 
        service institution may use for administrative expenses--
                    ``(A) during the first year of participation in the 
                pilot program, not more than 20 percent of the funds 
                made available to the school or service institution for 
                the year; and
                    ``(B) during each subsequent year of participation 
                in the pilot program, not more than 10 percent of the 
                funds made available to the school or service 
                institution for the year.
            ``(4) Report.--Not later than May 1, 2007, the Secretary, 
        acting through the Administrator of the Economic Research 
        Service, shall report to the Committee on Education and the 
        Workforce of the House of Representatives and the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate on the 
        results of the pilot program.
            ``(5) Funding.--The Secretary shall use not more than 
        $75,000,000 of funds made available under section 32 of the Act 
        of August 24, 1935 (7 18 U.S.C. 612c), to carry out this 
        subsection (other than paragraph (4)).''.

SEC. 6. HEALTHY FOODS FOR HEALTHY KIDS INITIATIVE GRANT PROGRAM.

    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended by adding at the end the following new 
subsection:
    ``(h) Healthy Foods for Healthy Kids Initiative Grant Program.--
            ``(1) In general.--In the school year beginning July 2004, 
        each of the 5 school years thereafter, the Secretary, in 
        conjunction with the National 5 A Day for Better Health 
        program, shall carry out a Healthy Foods for Healthy Kids 
        program to provide grants to school districts for innovative 
        projects to increase the availability and consumption of fruits 
        and vegetables.
            ``(2) Criteria for grant projects.--In selecting projects 
        to receive grants under this subsection, the Secretary shall 
        consider projects which--
                    ``(A) provide the necessary infrastructure, such as 
                procurement, delivery, and storage efforts to enhance 
                offerings of fruits and vegetables;
                    ``(B) initiate or offer salad bars, prepackaged 
                salads, and fruit cups, innovative vending options, 
                refrigerated vending, and other creative preparation 
                and presentation methods;
                    ``(C) provide relevant training for school food 
                service personnel carrying out these efforts; and
                    ``(D) enhance education and promotion of fruit and 
                vegetable intake;
                    ``(E) establish school garden projects to provide 
                an interactive, hands-on learning environment to teach 
                fundamental nutrition concepts, foster a better 
                understanding of where food comes from, and create 
                opportunities for children to make healthier food 
                choices.
            ``(3) Evaluation and report.--The Secretary shall conduct 
        an evaluation of the results of the program and shall transmit 
        a report to the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate not later than May 1, 
        2007.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated for carrying out this subsection 
        $20,000,000 for each of fiscal years 2004 through 2009.''.

SEC. 7. FRUITS AND VEGETABLES IN SUMMER FOOD SERVICE PROGRAM.

    Section 13(f)(4) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1761) is amended by adding at the end the following: 
``States shall, with assistance that the Secretary is authorized to 
provide, ensure that meals include fruit, vegetables, and 100 percent 
juices.''

SEC. 8. IMPROVEMENTS AND MODERNIZATION OF REQUIREMENTS UNDER THE WOMEN, 
              INFANTS, AND CHILDREN PROGRAM.

    The Secretary shall revise the regulations relating to 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)) to--
            (1) update and improve the nutritional standards of food 
        under the program;
            (2) require that the food package requirements, target 
        nutrients, and nutrient needs of participants be re-evaluated 
        and revised at least every 10 years to reflect current 
        nutrition science;
            (3) permit program participants access to fresh fruits and 
        vegetables;
            (4) permit the purchase of juices other than from 
        concentrate and revise packaging requirements under the program 
        to permit the purchase of products in modern packaging, 
        including plastic and carton containers;
            (5) permit the purchase of generic branded fruits and 
        vegetable products under the program; and
            (6) include in nutrition education efforts a greater focus 
        on promoting the consumption of fruits and vegetables.

SEC. 9. DEPARTMENT OF DEFENSE PURCHASE AND DISTRIBUTION OF FRESH FRUITS 
              AND VEGETABLES.

    Section 10603 of the Farm and Rural Investment Act of 2002 (7 
U.S.C. 612c-4) is amended by striking ``$50,000,000'' and inserting 
``$100,000,000''.

SEC. 10. FRUIT AND VEGETABLE RESEARCH AGENDA.

    (a) In General.--The Secretary of Agriculture shall develop a fruit 
and vegetable research agenda that coordinates research between the 
Economic Research Service, the Food and Nutrition Service, the 
Agricultural Research Service and other agencies of the Department of 
Agriculture.
    (b) Coordination and Goals.--The agenda should include research on 
how best to promote fruit and vegetable intake to children and should 
be developed in coordination with the produce industry, nutrition and 
health organizations, school food service professionals, and other 
stakeholders. Research goals shall include--
            (1) the impact of increased fruit and vegetable consumption 
        toward preventing chronic diseases, including reducing obesity, 
        diabetes, diverticulosis, cataracts, cancer, heart disease, 
        stroke, and hypertension, and the overall benefits of whole 
        food consumption including documentation of certain 
        phytonutrients found in fresh produce that may help prevent 
        such chronic diseases;
            (2) the development of more effective behavior-based 
        dietary interventions and health promotion programs to increase 
        consumption of fruits and vegetables based on Federal dietary 
        guidelines, including environmental influences, strategies for 
        overcoming barriers to behavior change, and food preference 
        development for children and adolescents; and
            (3) identifying the influences on food choices and options 
        for providing an optimal environment for making informed 
        healthy food choices in a free-market economy, including 
        evaluation of different methods for communicating health 
        information.

SEC. 11. NATIONAL 5 A DAY COORDINATOR.

    The Secretary shall appoint a national 5 A Day for Better Health 
program coordinator and 7 regional 5 A Day coordinators for each of the 
7 Food and Nutrition Service regional offices to coordinate and expand 
the Secretary's efforts to promote the consumption of fruit and 
vegetables.

SEC. 12. REPORT ON COMMODITY PURCHASING PROGRAM.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of Agriculture shall transmit a report to the Committee 
on Education and the Workforce of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate which 
shall include--
            (1) an assessment of current commodity purchasing practices 
        and how purchasing decisions are made; and
            (2) recommendations for a plan of action to align such 
        purchases with the Dietary Guidelines for Americans issued by 
        the Secretary and by the Secretary of Health and Human 
        Services.

SEC. 13. STATE AND LOCAL PARTNERSHIPS.

    It is the sense of Congress that the Secretary of Agriculture 
should establish partnerships with State departments of agriculture, 
State health departments, State departments of education, and other 
State and local organizations to improve access to and efficient 
distribution of fresh fruits and vegetables to schools and nutrition 
programs.
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