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108TH CONGRESS 
1ST SESSION H. R. 2592
To promote improved nutrition for needy Americans, including women, in-
fants, 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 Agri-
culture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To promote improved nutrition for needy Americans, includ-
ing 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the ‘‘Healthy America 
Act’’.
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SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States faces a continuing chal-
lenge in improving the quality of the Nation’s diet 
as the economic costs of poor nutrition, which con-
tributes 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 nu-
tritionally rich fruit and vegetables is essential for 
normal growth and development, and critical to pro-
moting 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 pro-
grams 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.
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(6) The Special Supplemental Nutrition Pro-
gram for Women, Infants, and Children (WIC), de-
signed to safeguard the health of needy women, in-
fants, and children has changed little in nearly 3 
decades and does not reflect many current nutri-
tional 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 nutri-
tion 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 encour-
age 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 pro-
vided by fruits and vegetables with respect to disease 
prevention and health promotion, as fruit and vege-
table consumption is an important component of a 
balanced diet.
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(4) To elevate the Federal government’s invest-
ment in nutrition program priorities to better ad-
dress 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 devel-
oped 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 per-
cent juices, regardless of menu planning options.’’. 
(b) COMMODITIES PURCHASE PROGRAM FOR BREAK-
FASTS.—
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(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 pay-
ments 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 PRO-
GRAM. 
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 begin-
ning July 2004, and in each of the 5 school years 
thereafter, the Secretary shall carry out a pilot pro-
gram in—
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‘‘(A) 25 elementary or secondary schools in 
each of the 50 States, and in elementary or sec-
ondary 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 dur-
ing the day of operation in 1 or more areas des-
ignated by the service institution. 
‘‘(2) PUBLICITY.—A school or service institu-
tion that participates in the pilot program shall 
widely publicize within the school or service institu-
tion the availability of free fruits and vegetables 
under the pilot program. 
‘‘(3) ADMINISTRATIVE COSTS.—A participating 
school or service institution may use for administra-
tive expenses—
‘‘(A) during the first year of participation 
in the pilot program, not more than 20 percent
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of the funds made available to the school or 
service institution for the year; and 
‘‘(B) during each subsequent year of par-
ticipation 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 Ag-
riculture, 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 INITIA-
TIVE GRANT PROGRAM.—
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‘‘(1) IN GENERAL.—In the school year begin-
ning July 2004, each of the 5 school years there-
after, the Secretary, in conjunction with the Na-
tional 5 A Day for Better Health program, shall 
carry out a Healthy Foods for Healthy Kids pro-
gram to provide grants to school districts for innova-
tive projects to increase the availability and con-
sumption of fruits and vegetables. 
‘‘(2) CRITERIA FOR GRANT PROJECTS.—In se-
lecting projects to receive grants under this sub-
section, the Secretary shall consider projects 
which—
‘‘(A) provide the necessary infrastructure, 
such as procurement, delivery, and storage ef-
forts to enhance offerings of fruits and vegeta-
bles; 
‘‘(B) initiate or offer salad bars, pre-
packaged 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 ef-
forts; and 
‘‘(D) enhance education and promotion of 
fruit and vegetable intake;
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‘‘(E) establish school garden projects to 
provide an interactive, hands-on learning envi-
ronment to teach fundamental nutrition con-
cepts, foster a better understanding of where 
food comes from, and create opportunities for 
children to make healthier food choices. 
‘‘(3) EVALUATION
AND
REPORT.—The Sec-
retary shall conduct an evaluation of the results of 
the program and shall transmit a report to the Com-
mittee on Education and the Workforce of the 
House of Representatives and the Committee on Ag-
riculture, 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 SERV-
ICE 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.’’
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SEC. 8. IMPROVEMENTS AND MODERNIZATION OF RE-
QUIREMENTS 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 stand-
ards 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 prod-
ucts in modern packaging, including plastic and car-
ton 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.
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SEC. 9. DEPARTMENT OF DEFENSE PURCHASE AND DIS-
TRIBUTION OF FRESH FRUITS AND VEGETA-
BLES. 
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 coordi-
nates research between the Economic Research Service, 
the Food and Nutrition Service, the Agricultural Research 
Service and other agencies of the Department of Agri-
culture. 
(b) COORDINATION AND GOALS.—The agenda should 
include research on how best to promote fruit and vege-
table intake to children and should be developed in coordi-
nation with the produce industry, nutrition and health or-
ganizations, school food service professionals, and other 
stakeholders. Research goals shall include—
(1) the impact of increased fruit and vegetable 
consumption toward preventing chronic diseases, in-
cluding reducing obesity, diabetes, diverticulosis, 
cataracts, cancer, heart disease, stroke, and hyper-
tension, and the overall benefits of whole food con-
sumption 
including 
documentation 
of 
certain
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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, in-
cluding environmental influences, strategies for over-
coming barriers to behavior change, and food pref-
erence 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 Sec-
retary’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
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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 pur-
chasing 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 Sec-
retary of Health and Human Services. 
SEC. 13. STATE AND LOCAL PARTNERSHIPS. 
It is the sense of Congress that the Secretary of Agri-
culture should establish partnerships with State depart-
ments of agriculture, State health departments, State de-
partments of education, and other State and local organi-
zations to improve access to and efficient distribution of 
fresh fruits and vegetables to schools and nutrition pro-
grams.
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