[Congressional Record Volume 149, Number 65 (Monday, May 5, 2003)]
[Senate]
[Pages S5736-S5738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY:
  S. 995. A bill to amend the Richard B. Russell National School Lunch 
Act and the Child Nutrition Act of 1966 to improve certain child 
nutritional programs, and for other purposes; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Mr. LEAHY. Mr. President, I rise today to introduce my Child 
Nutrition Initiatives Act of 2003. This legislation consists of a 
number of proposals that I believe will significantly improve the 
nutrition benefits available to our Nation's children through Federal 
child nutrition programs.
  I am hoping that this legislation will serve as a starting point in 
the Senate's debate over how to improve child nutrition programs this 
year. It is not meant to be a comprehensive proposal for 
reauthorization, nor does it represent all of the potential 
improvements that could be made to the programs that I will be 
supporting in the Agriculture Committee. I look forward to working with 
Chairman Cochran and with Senator Harkin, the ranking Democrat on the 
Committee, as well as the rest of the Committee to craft a 
comprehensive bill.
  The Committee has already held two hearings on child nutrition 
legislation, where we heard from a wide variety of nutritionists, 
school food service operators and others interested in these programs. 
They presented us with a wide variety of ideas, some of them appearing 
in my bill, which underlined the immense impact of these programs to 
the nutritional health and well-being of all of our children and 
grandchildren. Undersecretary Bost also testified, and he too offered 
an array of proposals for improving these programs. I look forward to 
more detailed proposals from the Department of Agriculture on how we 
can better serve the children in these programs.
  I was encouraged to hear that the Administration is interested in 
providing much-needed financial help for schools choosing to improve 
their nutritional environment. We know that many school food service 
directors and employees want to offer healthier, more appetizing 
options to the children they serve, yet the cost of providing 
attractive fresh fruits and vegetables, or milk in child-friendly 
plastic containers kept chilled in a cooler, is often prohibitive. 
Increased per-meal reimbursements will encourage school cafeterias to 
spend more on the foods that are healthiest for kids. With these funds, 
schools will be able to make the salad bar and the milk cooler just as 
attractive to school children as less nutritious foods.
  Healthier food in the school cafeteria does little good if children 
do not understand the benefits of eating apples over high-fat junk 
food. For years, the Nutrition Education and Training, NET, program 
provided critical support for state and local efforts to increase and 
improve nutrition education in classrooms. It is in the classrooms 
where the most effective and innovative nutrition education is 
happening, and NET offered teachers the resources they needed to 
develop a nutritional curriculum for their students. Unfortunately, 
this program has not been funded in the last few years. My bill would 
reinstate funding for the NET program, and encourage strong nutrition 
education at the local level.
  It is amazing how many kids do not know where the food that they eat 
comes from. It's also amazing how far some farm products travel to get 
to the cafeteria table. My bill includes a farm-to-cafeteria program 
that will provide one-time grants to connect farms with their local 
school system. These grants would be used to buy equipment and pay for 
other costs to provide the freshest farm products available to our 
children. Projects funded by the farm-to-cafeteria program would also 
give children first-hand experience about how food is produced. This 
new program would also provide economic benefits for small, local firms 
by keeping food dollars within the community.
  My support for these new farm-to-cafeteria projects comes in part 
from the amazing successes demonstrated by the WIC Farmers Market 
Nutrition Program. Years ago, I helped create this program, which 
provides vouchers to WIC families good for fruits and vegetables at 
their local farmers market. The effects of this program have been 
stunning. In Vermont, recipients and farmers are raving about this 
program, which provides fresh, local, and healthy food to those who 
need it most. There has also been an unexpected educational component 
to this program, with many recipients reporting that the farmers who 
sell them the food have also helped them learn how to best prepare it. 
This is a win-win situation. My bill will secure steady and predictable 
funding for the Farmers Market Nutrition Program.
  Every State receives a small amount of funds to administer and ensure 
the integrity of all Federal child nutrition programs. Though these 
funds are distributed based on usage of the programs, there has been an 
all-State minimum to ensure that all States still have enough funds to 
meet the basic administrative requirements mandated by law. This 
minimum, however, has not been raised since 1981, despite inflation and 
expansion of the responsibilities of the states. My bill updates the 
minimum funding level to reflect inflation since 1981 and also indexes 
it for inflation into the future.
  I am pleased that my bill has the support of the American School Food 
Service Association, the National Association for Farmers Market 
Nutrition Programs, the National Milk Producers Federation, the 
International Dairy Foods Association, and the Community Food Service 
Coalition.
  Opponents of my bill will undoubtedly point to the cost of these 
programs, stating ``there is no money for such programs.'' Well, I 
answer them

[[Page S5737]]

with one word: priorities. Our Nation is faced with a growing health 
crisis. Children are growing up and growing out. They eat more, eat 
less nutritious foods and exercise less. It is a health epidemic that 
plagues them throughout life. By acting now, we can increase the 
quality of life for these children and save in healthcare costs down 
the line. For example, a study for the American School Food Service 
Association and the National Dairy Council found that by improving the 
quality, and therefore consumption, of milk in our school lunch 
programs, we could save between $800 million to $1.1 billion in health 
care costs every year.
  I joined with a number of fellow senators in requesting that Congress 
provide a modest increase of $1 billion per year in the Budget 
Resolution so that we on the authorizing committees might make some 
long-awaited and essential improvements to the child nutrition 
programs. I am disappointed that increased funds were not provided. The 
Senate sent a clear message to America's children: we would rather give 
a several hundred billion dollar tax cut to a small minority of health 
adults than protect our children, through $1 billion in programming, 
from a health crisis.
  The Federal Government reaches well over 25 million children each 
year with these programs. We have a tremendous opportunity to be 
proactive--to teach kids about food and give them nutritious options. 
We have a growing health crisis on our hands as our children grow wider 
because of unhealthy diets and less exercise. We must get serious about 
finding solutions to the problem. Or we can wait, and allow a system 
already doing its very best, working at maximum capacity, to 
deteriorate. I am for acting now and I hope the Senate is too.
  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. 995

       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.
       ``(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, 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

       ``(iv) provide--

       ``(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.
       ``(4) Grants.--
       ``(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.
       ``(D) Administration.--
       ``(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

[[Page S5738]]

       ``(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.
       ``(6) Funding.--
       ``(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:
       ``(9) 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 
     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:
       ``(i) Funding.--
       ``(1) Payments.--
       ``(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.
       ``(2) Grants.--
       ``(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.

                          ____________________