[Congressional Record Volume 149, Number 101 (Thursday, July 10, 2003)]
[Senate]
[Pages S9248-S9251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Crapo, and Ms. Stabenow):
  S. 1393. A bill to amend the Richard B. Russell National School Lunch 
Act to reauthorize and expand the fruit and vegetable pilot program; to 
the Committee on Agriculture, Nutrition, and Forestry.
  Mr. HARKIN. Madam President, no one can doubt that kids today face 
tremendous obstacles to eating right and making healthy choices.
  Every day, they are bombarded with dozens of advertisements enticing 
them to eat more and more unhealthy foods. Tens of billions of dollars 
are spent each year to convince our kids to buy the products. In the 
face of this advertising and marketing power, our efforts to help kids 
eat healthier are more important than ever.
  This is no less the case in our schools than elsewhere in society. 
Even in our schools, it's getting harder and harder to ensure that kids 
get healthy food. The sale of soda pop, candy, foods high in fat and 
low in nutritional value, commonly called junk food, has become an 
accepted, but still unacceptable, reality in American schools. 
Ballooning sales of soft drinks and candy in our schools undercut the 
$15 billion dollar investment our nation makes in child nutrition every 
year.
  I still believe that, given the chance, our kids can and will make 
good choices about the foods they eat. We just don't give them these 
choices.
  To test this hypothesis that, given the opportunity, kids would make 
good choices about the food they eat, I proposed and got adopted in the 
Farm Security and Rural Investment Act of

[[Page S9249]]

2002 a pilot program that provides grants to schools for the simple 
purpose of allowing them to use the money to purchase fresh fruits and 
vegetables for their students. Some schools use the grants to deliver 
bins of fruits and vegetables to their classrooms every day. Others set 
up kiosks in the halls. A few schools even put free fruits and 
vegetables in their vending machines.
  Not long ago the Department of Agriculture released its assessment of 
the pilot program. Not surprisingly, it received high marks. Schools 
reported that 98 percent of students were interested in the program. 
Schools also reported that, over the course of the program, 71 percent 
of students grew more, not less, interested in the program. Most 
importantly, students told program evaluators that the pilot made them 
much more conscious about the junk food that they eat.
  Over the course of the year my staff and I visited numerous schools 
in Iowa that participated in the pilot program. These visits simply 
confirmed what USDA reported in its report on the pilot program. The 
enthusiasm was incredible. Students loved it. Teachers loved it. 
Administrators loved it. Parents loved it. When I visited Harding 
Middle School in Des Moines at the end of May, just as the pilot 
program was coming to an end, they gave me one message loud and clear--
``keep the fruits and vegetables coming.''
  Today I am introducing legislation, S. 1392, to do just that and to 
expand the program to all 50 States.
  Under this legislation, the pilot program would expand from its 
current 4 states and tribal schools and 60,000 students to 50 states 
and over 1 million children. It would also expand the pilot to ensure 
that additional Indian tribal schools are able to participate in the 
program.
  It would do this at a reasonable price tag--only $75 dollars per 
student per year. This means that at a cost of just over $75 million 
per year, we can make fresh fruits and vegetables a constant presence 
in the life of over 1 million American schoolchildren. It is difficult 
for me to imagine a more effective use of taxpayer dollars.
  Today I am also introducing companion legislation, S. 1393, to the 
fruit and vegetable pilot program expansion. The first piece of 
legislation seeks to provide kids with healthier food, and the second 
complements that by improving the overall nutritional environment of 
American schools. It seeks to give kids more choices and the ability to 
choose healthy foods.
  Despite the fact that we invest over $15 billion annually in child 
nutrition, our nation's children still too often do not get good 
nutrition at their schools. Meals provided through the National School 
Lunch Program and the School Breakfast Program must meet nutritional 
standards. But there is far too much competition and interference with 
these balanced meals. Vending machines, school snack bars, and a la 
carte sales routinely provide kids with a wide variety of less healthy 
choices.
  A recent GAO report found that 43 percent of elementary schools, 74 
percent of middle schools, and 98 percent of high schools have vending 
machines, snack bars, canteens, and other places where students can 
readily obtain foods that defeat the sound and balanced nutrition that 
children and adolescents need.
  We talk about the importance of giving our kids lots of choices, but 
as junk foods become the norm and displace more nutritious choices, are 
we giving kids more choices or less? I believe we should always provide 
kids with good tasting and healthy alternatives to the foods that 
provide almost no nutritional benefits. The bills that I'm introducing 
today provide schools and students with more choices, not less. I want 
to make sure that the kids in Iowa schools and other schools across the 
country will be able to choose foods that both taste great and are 
great for their health and nutrition.
  The omnipresence of junk food is one of the reasons that our society 
is confronting a lethal threat--obesity. Obesity is even more 
pronounced among our children. According to the Centers for Disease 
Control, in the year 2000, 64 percent of all Americans were classified 
as either overweight or obese. Of these, 30 percent were actually 
obese. Among kids, the problem of obesity is exploding. In the last 20 
years, the number of overweight kids tripled.
  This is nothing short of a public health crisis. It's past time to 
get serious about fighting obesity and we must fight obesity first at 
its root--childhood--where children learn habits that stay with them 
for life.
  A recent article in the journal Health Affairs estimated the cost of 
obesity to our nation at $93 billion annually. That is nearly a tenth 
of annual health care spending. Incredibly, obesity costs our society 
about as much as smoking.
  In response to the health threats our kids face at schools, many 
schools across the country are taking matters into their own hands. 
Some are providing healthier choices in their vending machines, school 
snack bars, and a la carte sales. In Iowa, with support from the milk 
industry, selected schools are working to replace soft drinks with 
milk. The results are encouraging. Schools report that students are 
enthusiastic about these changes. It just goes to show that not only 
are students willing to accept healthier choices like fresh fruit and 
vegetables and milk, but that they actively want them.
  We also know that schools have benefited financially and 
nutritionally from expanding the choices available to their children.
  Faced with alarming statistics about childhood overweight and obesity 
rates, North Community High School in Minneapolis reevaluated the 
school's beverage vending practices. With the support of the 
administrative team, the principal contacted the district's Coca-Cola 
representative, who was willing to work with North to provide healthier 
choices. As a result, the school increased the number of machines from 
four to 16, stocked 13 machines with water or 100 percent fruit/
vegetable juice, stocked two machines with sports drinks, and limited 
soda to one machine with limited hours of sale. They also instituted a 
competitive pricing system, selling water for $.75, sports drinks and 
100 percent fruit/vegetable juices for $1.00, and soda and fruit 
drinks, e.g., Fruitopia, for $1.25. The water machines are 
strategically placed in high traffic areas and students are now allowed 
to drink water in the classroom. Soda sales are down, but vending 
profits increased by almost $4,000 and the total number of cases of 
beverages has more than doubled from the previous school year, with 
water being the best seller.
  These are the kinds of efforts and innovations that we need to 
encourage and support. That is why the second bill that I am 
introducing today creates a competitive incentive grant program to 
schools to improve the overall nutritional atmosphere in schools. Under 
this program, the Secretary of Agriculture makes competitive grants to 
schools so that they can provide healthier vending alternatives, 
improve the nutritional quality of their school meals, promote the 
consumption of fruits and vegetables, and provide nutrition education.
  With this support, other schools can follow in the footsteps of 
schools like North Community High School and institute practices that 
are good for the school and good for the students.
  Because we know that success in this area requires the leadership and 
commitment of a broad range of stakeholders, this bill gives a 
preference to schools that can demonstrate a multi-sectoral approach 
and engage the efforts of parents, businesses, and anyone else with a 
vested interest in the nutrition and educational success of our 
students. It also gives priority to applications that include a plan 
for continued success once their federal grant money has been expended.
  Finally, the legislation uses sound science, not special interests, 
to determine what kinds of nutritional standards our elementary, middle 
schools, and secondary schools should institute. To achieve this, my 
legislation directs the Secretary of Agriculture to enter into an 
agreement with the Institute of Medicine at the National Academy of 
Sciences, one of the premier scientific institutions in this country. 
The Institute of Medicine is directed to study the issue of children's 
nutritional needs at school and to make recommendations to the 
Secretary of Agriculture regarding appropriate standards for the sale 
of all foods in our schools.

[[Page S9250]]

  Based upon the recommendations of the Institute of Medicine, the 
Secretary is directed to promulgate regulations that will provide 
appropriate and adequate safeguards for the nutrition of our children 
at school.
  Taken together, the two pieces of legislation that I am introducing 
today represent a new chapter in our nation's efforts to provide for 
the health and safety of our kids. This body has a long history of 
bipartisan efforts on child nutrition and, with our child nutrition 
programs up for reauthorization this year, I have every reason to 
believe that these efforts will continue this year. Having served on 
the Senate Committee on Agriculture, Nutrition, and Forestry, I know 
that the issue of child nutrition knows no partisan boundaries. 
Democrats and Republicans alike have joined together over the years. I 
invite my colleagues on both sides of the aisle to join me in 
cosponsoring this legislation to give kids the healthy choices they 
want and deserve and to safeguard the nutrition of our nation's 
children. If ever our children have been in greater need of this 
support, I cannot remember it, and so I invite my colleagues to join me 
in this effort.
  I ask unanimous consent that the bills be printed in the Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 1392

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. NUTRITIONAL IMPROVEMENT FOR CHILDREN SERVED UNDER 
                   CHILD NUTRITION PROGRAMS.

       (a) In General.--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:
       ``(h) Healthy School Nutrition Environment Incentive 
     Grants.--
       ``(1) In general.--The Secretary shall establish a program 
     under which the Secretary shall make competitive grants to 
     selected elementary and secondary schools--
       ``(A) to create healthy school nutrition environments; and
       ``(B) to assess the impact of the environments on the 
     health and well-being of children enrolled in the schools.
       ``(2) Selection of schools.--In selecting schools to 
     receive incentive grants under this subsection, the Secretary 
     shall--
       ``(A) ensure that not less than 75 percent of schools 
     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 schools selected to participate 
     in the program, there is appropriate representation of rural, 
     urban, and suburban schools, as determined by the Secretary;
       ``(C) ensure that, of the schools selected to participate 
     in the program, there is appropriate representation of 
     elementary, middle, and secondary schools, as determined by 
     the Secretary;
       ``(D) ensure that schools selected to receive a grant under 
     this subsection meet the requirements of paragraph (3);
       ``(E) give priority to schools that develop comprehensive 
     plans that include the involvement of a broad range of 
     community stakeholders in achieving healthy school nutrition 
     environments;
       ``(F) give priority to schools that develop comprehensive 
     plans that include a strategy for maintaining healthy school 
     nutrition environments in the years following the fiscal 
     years for which the schools receive grants under this 
     subsection;
       ``(G) select only schools 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 
     Association, the American Dietetic Association, and the 
     National School Boards Association) regarding the appropriate 
     criteria for a healthy school environment.
       ``(B) Criteria for healthy school environments.--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 (including 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 breakfasts and lunches 
     established by the Secretary;
       ``(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 school shall submit to the Secretary a healthy 
     school nutrition environment plan that describes the actions 
     the school will take to meet the criteria established under 
     subparagraph (B).
       ``(4) Grants.--For each of fiscal years 2005 through 2008, 
     the Secretary shall make a grant to each school selected 
     under paragraph (2).
       ``(5) Evaluations.--
       ``(A) In general.--The Secretary, acting through the 
     Administrator of the Food and Nutrition 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 behavior;
       ``(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 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--
       ``(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 
     subsection--
       ``(i) on October 1, 2003, $10,000,000
       ``(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 accept, 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 remain 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 Nutrition Act of 
     1966 (42 U.S.C. 1779) is amended--
       (A) in subsection (a), by striking ``, including'' and all 
     that follows through ``Lunch Act''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Competitive Foods in Schools.--
       ``(1) In general.--The regulations under subsection (a) may 
     include provisions that regulate the service of food in 
     participating schools and service institutions in competition 
     with the programs authorized 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 promulgated under 
     paragraph (1)--
       ``(A) shall apply to all school grounds during the duration 
     of the school day;
       ``(B) shall not supersede or otherwise affect State and 
     local regulations on competitive foods that, as determined by 
     the Secretary, conform 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 paragraph (3).
       ``(3) Institute of medicine recommendations.--
       ``(A) In general.--The Secretary of Agriculture 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 Nutrition Act of 1966 (as amended by paragraph 
     (1)(B))).
       ``(B) Regulations.--Not later than 1 year after the date of 
     receipt of final recommendations 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 recommendations from the Institute of 
     Medicine, the Secretary shall submit to the Committee on

[[Page S9251]]

     Education and the Workforce of the House of Representatives 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate a report that describes the actions of the 
     Secretary under subparagraph (B).

                                S. 1393

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FRUIT AND VEGETABLE PILOT PROGRAM.

       Section 18 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1769) is amended by striking subsection (g) 
     and inserting the following:
       ``(g) Fruit and Vegetable Pilot Program.--
       ``(1) In general.--For each of the school years beginning 
     July 2003, July 2004, July 2005, July 2006, and July 2007 the 
     Secretary shall carry out a pilot program to make free fresh 
     and dried fruits and free fresh vegetables available, 
     throughout the school day in 1 or more areas designated by 
     the school, to--
       ``(A) students in the 25 elementary or secondary schools in 
     each of the 4 States, and in the elementary or secondary 
     schools on the reservation, authorized to participate in the 
     program under this subsection (as in effect on the day before 
     the date of enactment of this subparagraph);
       ``(B) to the maximum extent practicable, an additional 
     10,000 students in each State authorized to participate in 
     the program under this subsection (as in effect on the day 
     before the enactment of the this subparagraph);
       ``(C) to the maximum extent practicable, 20,000 students 
     enrolled in schools in each of the States not participating 
     in the program under this subsection on the day before the 
     date of enactment of this subparagraph, as selected by the 
     Secretary; and
       ``(D) to the maximum extent practicable, 20,000 students 
     enrolled in schools operated by tribal organizations.
       ``(2) Selection of schools.--
       ``(A) In general.--In selecting schools to participate in 
     the pilot program, the Secretary shall--
       ``(i) to the maximum extent practicable, ensure that not 
     less than 75 percent of students selected are from schools in 
     which not less than 50 percent of students are eligible for 
     free or reduced price meals under this Act;
       ``(ii) solicit applications from interested schools that 
     include--

       ``(I) information pertaining to the percentage of students 
     enrolled in the school submitting the application who are 
     eligible for free or reduced price school lunches under this 
     Act;
       ``(II) a certification of support for participation in the 
     pilot program signed by the school food manager, the school 
     principal, and the district superintendent (or their 
     equivalent positions, as determined by the school); and
       ``(III) such other information as may be requested by the 
     Secretary; and

       ``(iii) for each application received, determine whether 
     the application is from a school in which not less than 50 
     percent of students are eligible for free or reduced price 
     meals under this Act.
       ``(B) Lottery.--
       ``(i) Schools with substantial free or reduced price meal 
     eligibility.--Subject to clauses (iii) and (iv), the 
     Secretary shall randomly select, from among the schools in a 
     participating State determined under subparagraph (A)(iii) to 
     have at least 50 percent of students eligible for free or 
     reduced price meals under this Act, schools to participate in 
     the program under this subsection so as to ensure, to the 
     maximum extent practicable, that the aggregate number of 
     students represented by those schools in the State meets the 
     requirements of this subsection.
       ``(ii) Other schools.--Subject to clauses (iii) and (iv), 
     the Secretary shall randomly select, from among the schools 
     in a participating State determined under subparagraph 
     (A)(iii) to have less than 50 percent of students eligible 
     for free or reduced price meals under this Act, schools to 
     participate in the program under this subsection so as to 
     ensure that the aggregate number of students represented by 
     those schools, plus the aggregate number of students from 
     schools selected under clause (i), in the State meets the 
     requirements of this subsection.
       ``(iii) Insufficient applications.--If, for any State, the 
     Secretary determines that the number of schools described in 
     subparagraph (A)(i) is insufficient to meet the requirements 
     of this subsection, the Secretary may randomly select such 
     additional applications from schools submitting applications 
     under this subsection as are necessary to meet the 
     requirements.
       ``(iv) Applicability to existing participants.--

       ``(I) In general.--Except as provided in subclause (II), 
     the schools, States, and reservation authorized to 
     participate in the pilot program under this subsection (as in 
     effect on the date before the date of enactment of this 
     subparagraph) shall not be subject to this subparagraph.
       ``(II) New students.--Subclause (I) shall not apply to 
     students authorized to participate in the program under 
     paragraph (1)(B).

       ``(3) Notice of availability.--To participate in the 
     program under this subsection, a school shall widely 
     publicize within the school the availability of free fresh 
     and dried fruits and free fresh vegetables under the pilot 
     program.
       ``(4) Reports.--
       ``(A) Interim reports.--Not later than September 30 of each 
     of fiscal years 2004, 2005, 2006, and 2007, the Secretary, 
     acting through the Administrator of the Food and Nutrition 
     Service, shall 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 an 
     interim report that describes the activities carried out 
     under this subsection during the fiscal year covered by the 
     report.
       ``(B) Final report.--Not later than December 31, 2007, the 
     Secretary, acting through the Administrator of the Food and 
     Nutrition Service, shall 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 that describes the results of the pilot 
     program under this subsection.
       ``(5) Per student grant.--
       ``(A) In general.--For each school year during which a 
     school participates in the program under this subsection, the 
     Secretary shall provide to the school $75 for each student, 
     as adjusted under subparagraph (B).
       ``(B) Adjustment.--The amount of the grant for each student 
     under subparagraph (A) shall be adjusted on July 1, 2004, and 
     each July 1 thereafter, to reflect changes in the Consumer 
     Price Index of the Bureau of Labor Statistics for fresh 
     fruits and vegetables, with the adjustment--
       ``(i) rounded down to the nearest dollar increment; and
       ``(ii) based on the unrounded amounts for the preceding 12-
     month period.
       ``(6) Funding.--
       ``(A) Existing funds.--The Secretary shall use to carry out 
     this subsection any funds that remain under this subsection 
     (in effect on the day before the date of enactment of this 
     subparagraph).
       ``(B) New funds.--The Secretary shall use such funds made 
     available under section 32 of the Act of August 24, 1935 (7 
     U.S.C. 612c) as are necessary to carry out this subsection 
     (other than paragraph 4).
       ``(C) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this subsection the funds made available under this 
     paragraph, without further appropriation.
       ``(D) Availability of funds.--Funds made available under 
     this paragraph shall remain available until expended.
       ``(E) Reallocation.--The Secretary may reallocate any 
     amounts made available to carry out this subsection that are 
     not obligated or expended, as determined by the Secretary.''.
                                 ______