INFANTS Act of 2025

— 315 — Department of Agriculture 79. U.S. Department of Agriculture, Food and Nutrition Service, “WIC Data Tables,” December 9, 2022, https:// www.fns.usda.gov/pd/wic-program (accessed December 16, 2022). 80. U.S. Food and Drug Administration, “Regulations and Information on the Manufacture and Distribution of Infant Formula,” May 16, 2022, https://www.fda.gov/food/infant-formula-guidance-documents-regulatory- information/regulations-and-information-manufacture-and-distribution-infant-formula (accessed December 14, 2022). 81. U.S. Department of Agriculture, Food and Nutrition Service, “History of the National School Lunch Program,” January 17, 2008, https://www.fns.usda.gov/nslp/program-history (accessed December 14, 2022). 82. U.S. Department of Agriculture, Food and Nutrition Service, “School Breakfast Program History,” July 24, 2013, https://www.fns.usda.gov/sbp/program-history (accessed December 14, 2022), and U.S. Department of Agriculture, Food and Nutrition Service, “History of the National School Lunch Program.” 83. Crystal FitzSimons, “Free School Meals for All Is the Key to Supporting Education and Health Outcomes,” Journal of Policy Analysis and Management, Vol 41, No. 1 (2022), pp. 358–364, https://econpapers.repec.org/ article/wlyjpamgt/v_3a41_3ay_3a2022_3ai_3a1_3ap_3a358-364.htm (accessed December 14, 2022). 84. Jonathan Butcher and Vijay Menon, “Returning to the Intent of Government School Meals: Helping Students in Need,” Heritage Foundation Backgrounder No. 3399, March 22, 2019, https://www.heritage.org/sites/ default/files/2019-03/BG3399.pdf. 85. Daren Bakst and Jonathan Butcher, “A Critical Fix to the Federal Overreach on School Meals,” Heritage Foundation Issue Brief No. 4976, July 11, 2019, https://www.heritage.org/hunger-and-food-programs/report/ critical-fix-the-federal-overreach-school-meals. 86. Ibid., and U.S. Department of Agriculture, Food and Nutrition Service, “Community Eligibility Provision,” April 19, 2019, https://www.fns.usda.gov/cn/community-eligibility-provision (accessed December 16, 2022). 87. See Payment Accuracy, https://www.paymentaccuracy.gov/ (accessed December 16, 2022). 88. Payment Accuracy, “Payment Integrity Scorecard,” https://www.cfo.gov/wp-content/uploads/2022/Q3/ FNS%20National%20School%20Lunch%20Program%20(NSLP)%20Payments%20Integrity%20Scorecard%20 FY%202022%20Q3.pdf (accessed December 14, 2022). 89. U.S. Government Accountability Office, “School Meals Programs: USDA Has Reported Taking Some Steps to Reduce Improper Payments But Should Comprehensively Assess Fraud Risks,” GAO–19–389, May 21, 2022, https://www.gao.gov/products/gao-19-389 (accessed December 14, 2022). 90. Payment Accuracy, “Payment Integrity Scorecard.” 91. White House, “Fact Sheet: The American Families Plan,” April 28, 2021, https://www.whitehouse.gov/ briefing-room/statements-releases/2021/04/28/fact-sheet-the-american-families-plan/ (accessed December 14, 2022). 92. Universal School Meals Program Act of 2021, S. 1530, 117th Cong., 1st Sess., https://www.congress.gov/ bill/117th-congress/senate-bill/1530 (accessed December 14, 2022). 93. See, for example, U.S. Department of Agriculture, “Find Meals for Kids When Schools Are Closed,” Food and Nutrition Service, September 22, 2022, https://www.fns.usda.gov/meals4kids (accessed December 16, 2022), and U.S. Department of Agriculture, Food and Nutrition Service, “Seamless Summer and Other Options for School,” July 16, 2013, https://www.fns.usda.gov/sfsp/seamless-summer-and-other-options-schools (accessed December 16, 2022). 94. Tom Driscoll, “From the Field: Farmers Are the Original Conservationists,” National Farmers Union, August 30, 2017, https://nfu.org/2017/08/30/from-the-field-farmers-are-the-original-conservationists/ (accessed December 16, 2022). 95. U.S. Department of Agriculture, Farm Service Agency, “Conservation Programs,” https://www.fsa.usda.gov/ programs-and-services/conservation-programs/index (accessed December 16, 2022), and U.S. Department of Agriculture, Natural Resources Conservation Service, “Programs and Initiatives,” https://www.nrcs.usda.gov/ programs-initiatives (accessed December 16, 2022). 96. U.S. Department of Agriculture, Farm Service Agency, “Conservation Reserve Program: About the Conservation Reserve Program (CRP),” https://www.fsa.usda.gov/programs-and-services/conservation- programs/conservation-reserve-program/ (accessed December 16, 2022). — 316 — Mandate for Leadership: The Conservative Promise 97. American Bakers Association et al., letter to U.S. Department of Agriculture Secretary Tom Vilsack, March 23, 2022, https://www.dropbox.com/s/yfyv04ilkom11zd/USDA%20Letter%20to%20Secretary%20Vilsack%20on%20 Tools%20to%20Address%20Global%20Commodity%20Supply%20Challenges%203.23.22_.pdf?dl=0 (accessed December 15, 2022). It is also necessary to increase food production to mitigate high food inflation. Approximately 25 percent of idled land is considered prime farmland. Therefore, one-quarter of idled land is merely idling, not producing food—and this does not include other land that may viably be used for food production. The Conservation Reserve Program should be eliminated. There are also two issues connected to property rights and fairness that should be addressed: challenging NRCS determinations and problems with USDA easements. To be eligible for many USDA programs, farmers must comply with certain conservation provisions enforced by NRCS. Conservation compliance of wetlands and highly erodible lands consist of federal restrictions that prevent farmers from using parts of their property. If farmers plant crops or modify the areas federal officials deem protected, farmers can lose all access to USDA programs and support. For farmers, there are real, practical concerns to challenging NRCS determinations, including the time and costs of challenging the federal bureaucracy. NRCS is empowered to declare areas wetlands and highly erodible areas, which are therefore off limits for farming. If these wetland-or-erodible-declared areas are used in a manner deemed unacceptable by federal officials, NRCS may revoke access to federal resources and subsidies by making technical determinations that carry potential penalties. There must be a fair and reasonable process for farmers to challenge such actions. See Daren Bakst, “Food Price Inflation Continues to Worsen. Here’s What Should Be Done About It,” The Daily Signal, April 25, 2022, https:// www.dailysignal.com/2022/04/25/food-price-inflation-continuing-to-worsen-heres-what-should-be-done- about-it/ (accessed December 15, 2022); American Bakers Association et.al., letter to Vilsack; U.S. Department of Agriculture, Natural Resources Conservation Service, “Conservation Compliance Appeals Process,” https://www. nrcs.usda.gov/getting-assistance/compliance/conservation-compliance-appeals-process (accessed December 15, 2022); and Chris Bennett, “Regulatory Hell: Farmer and Veteran Wins 10-Year Wetlands Fight With Government,” AG Web, August 30, 2021, https://www.agweb.com/news/crops/crop-production/regulatory-hell-farmer-and- veteran-wins-10-year-wetlands-fight (accessed December 15, 2022). 98. Fortunately, there are already resources available to help states establish their own wetlands conservation programs. One particular example, the American Legislative Exchange Council’s Wetlands Mapping and Protection Act model policy, is available for states to define the procedures, guidelines, and administration of wetlands programs. American Legislative Exchange Council, “Wetlands Mapping and Protection Act,” November 16, 2017, https://alec.org/model-policy/wetlands-mapping-and-protection-act/ (accessed December 16, 2022). The new Administration should focus on best practices instead of imposing prescriptive federal practices. It should support the policies contained within the “NRCS Wetland Compliance and Appeals Reform Act” and modify NRCS compliance rules to protect farmers and ranchers by adding protections against regulatory overreach—such as banning the practice of re-engaging farmers in new technical determinations appeals processes for the same areas of their farms. See NRCS Wetland Compliance and Appeals Reform Act, S. 4931, 117th Cong., 2nd Sess., https://www.congress.gov/bill/117th-congress/senate-bill/4931?s=1&r=8 (accessed December 15, 2022). 99. Ibid 100. See, for example, Daren Bakst and Jeremy Dalrymple, “Reducing Federal Barriers for the Sale of Meat,” Heritage Foundation Issue Brief No. 5078, June 1, 2020, https://www.heritage.org/agriculture/report/ reducing-federal-barriers-the-sale-meat, and U.S. Department of Agriculture, Food Safety and Inspection Service, “State Inspection Programs,” updated January 12, 2023, https://www.fsis.usda.gov/inspection/state- inspection-programs (accessed December 15, 2022). 101. U.S. Department of Agriculture, Food Safety and Inspection Service, “Cooperative Interstate Shipping Program,” September 7, 2022, https://www.fsis.usda.gov/inspection/state-inspection-programs/cooperative- interstate-shipping-program (accessed December 15, 2022). 102. U.S. Department of Agriculture, “State Inspection Programs.” 103. The Senate bill removes obstacles for both meat and poultry. The House version does not appear to cover poultry. New Markets for State-Inspected Meat and Poultry Act of 2021, S. 107, 117th Cong., 1st Sess., https:// www.congress.gov/bill/117th-congress/senate-bill/107#:~:text=This%20bill%20allows%20meat%20and,be%20 sold%20in%20interstate%20commerce (accessed December 15, 2022), and Expanding Markets for State- Inspected Meat Processors Act of 2021, H.R. 1998, 117th Cong., 1st Sess., https://www.congress.gov/bill/117th- congress/house-bill/1998 (accessed December 15, 2022).

— 302 — Mandate for Leadership: The Conservative Promise l Re-evaluate excessive regulation. As for baby formula regulations generally, labeling regulations and regulations that unnecessarily delay the manufacture and sale of baby formula should be re-evaluated.80 During the Biden Administration, there have been devastating baby formula shortages. Return to the Original Purpose of School Meals. Federal meal programs for K–12 students were created to provide food to children from low-income families while at school.81 Today, however, federal school meals increasingly resemble enti- tlement programs that have strayed far from their original objective and represent an example of the ever-expanding federal footprint in local school operations. The NSLP and SBP are the two largest K–12 meal programs provided by federal taxpayer money. The NSLP launched in 1946 and the SBP in 1966, both as options specifically for children in poverty.82 During the COVID-19 pandemic, federal policymakers temporarily expanded access to school meal programs, but some lawmakers and federal officials have now proposed making this expansion per- manent.83 Yet even before the pandemic, research found that federal officials had already expanded these programs to serve children from upper-income homes, and these programs are rife with improper payments and inefficiencies. Heritage Foundation research from 2019 found that after the enactment of the Community Eligibility Provision (CEP) in 2010, the share of students from middle- and upper-income homes receiving free meals in states that participated in CEP doubled, and in some cases tripled—all in a program meant for children from families with incomes at or below 185 percent of the federal poverty line (Children from homes at or below 130 percent of the federal poverty line are eligible for free lunches, while students from families at or below 185 percent of poverty are eligible for reduced-priced lunches).84 Under CEP, if 40 percent of students in a school or school district are eligible for federal meals, all students in that school or district can receive free meals. However, the USDA has taken it even further, improperly interpreting the law85 to allow a subset of schools within a district to be grouped together to reach the 40 percent threshold, As a result, a school with zero low-income students could be grouped together with schools with high levels of low-income students, and as a result all the students in the schools within that group (even schools without a single low-in- come student) can receive free federal meals.86 Schools can direct resources meant for students in poverty to children from wealthier families. Furthermore, the NSLP and SBP are among the most inaccurate federal programs according to PaymentAccuracy.gov, a project of the U.S. Office of Man- agement and Budget and the Office of the Inspector General.87 Before federal auditors reduced the rigor of annual reporting requirements in 2018, the NSLP had wasted nearly $2 billion in taxpayer resources through payments provided to ineligible recipients.88 Even after the auditing changes, which the U.S. Government

— 302 — Mandate for Leadership: The Conservative Promise l Re-evaluate excessive regulation. As for baby formula regulations generally, labeling regulations and regulations that unnecessarily delay the manufacture and sale of baby formula should be re-evaluated.80 During the Biden Administration, there have been devastating baby formula shortages. Return to the Original Purpose of School Meals. Federal meal programs for K–12 students were created to provide food to children from low-income families while at school.81 Today, however, federal school meals increasingly resemble enti- tlement programs that have strayed far from their original objective and represent an example of the ever-expanding federal footprint in local school operations. The NSLP and SBP are the two largest K–12 meal programs provided by federal taxpayer money. The NSLP launched in 1946 and the SBP in 1966, both as options specifically for children in poverty.82 During the COVID-19 pandemic, federal policymakers temporarily expanded access to school meal programs, but some lawmakers and federal officials have now proposed making this expansion per- manent.83 Yet even before the pandemic, research found that federal officials had already expanded these programs to serve children from upper-income homes, and these programs are rife with improper payments and inefficiencies. Heritage Foundation research from 2019 found that after the enactment of the Community Eligibility Provision (CEP) in 2010, the share of students from middle- and upper-income homes receiving free meals in states that participated in CEP doubled, and in some cases tripled—all in a program meant for children from families with incomes at or below 185 percent of the federal poverty line (Children from homes at or below 130 percent of the federal poverty line are eligible for free lunches, while students from families at or below 185 percent of poverty are eligible for reduced-priced lunches).84 Under CEP, if 40 percent of students in a school or school district are eligible for federal meals, all students in that school or district can receive free meals. However, the USDA has taken it even further, improperly interpreting the law85 to allow a subset of schools within a district to be grouped together to reach the 40 percent threshold, As a result, a school with zero low-income students could be grouped together with schools with high levels of low-income students, and as a result all the students in the schools within that group (even schools without a single low-in- come student) can receive free federal meals.86 Schools can direct resources meant for students in poverty to children from wealthier families. Furthermore, the NSLP and SBP are among the most inaccurate federal programs according to PaymentAccuracy.gov, a project of the U.S. Office of Man- agement and Budget and the Office of the Inspector General.87 Before federal auditors reduced the rigor of annual reporting requirements in 2018, the NSLP had wasted nearly $2 billion in taxpayer resources through payments provided to ineligible recipients.88 Even after the auditing changes, which the U.S. Government — 303 — Department of Agriculture Accountability Office said results in the USDA not “regularly assess[ing] the pro- grams’ fraud risks,” the NSLP wasted nearly $500 million in FY 2021.89 The SBP now wastes nearly $200 million annually.90 Despite the ongoing effort to expand school meals under CEP and the evidence of waste and inefficiency, left-of-center Members of Congress and President Biden’s Administration have nonetheless proposed further expansions to extend federal school meals to include every K–12 student—regardless of need.91 The Administra- tion recently proposed expanding federal school meal programs offered during the school year to be offered during the summer as part of the “American Families Plan,” and also proposed expanding CEP. Other federal officials, including Senator Bernie Sanders (I–VT), have, in recent years, proposed expanding the NSLP to all students.92 To serve students in need and prevent the misuse of taxpayer money, the next Administration should focus on students in need and reject efforts to transform federal school meals into an entitlement program. Specifically, the next Administration should: l Promulgate a rule properly interpreting CEP. The USDA should issue a rule that clarifies that only an individual school or a school district as a whole, not a subset of schools within a district, must meet the 40-percent criteria to be eligible for CEP. Education officials should be prohibited from grouping schools together. l Work with lawmakers to eliminate CEP. The NSLP and SBP should be directed to serve children in need, not become an entitlement for students from middle- and upper-income homes. Congress should eliminate CEP. Further, the USDA should not provide meals to students during the summer unless students are taking summer-school classes. Currently, students can get meals from schools even if they are not in summer school, which has, in effect, turned school meals into a federal catering program.93 l Restore programs to their original intent and reject efforts to create universal free school meals. The USDA should work with lawmakers to restore NSLP and SBP to their original goal of providing food to K–12 students who otherwise would not have food to eat while at school. Federal school meals should be focused on children in need, and any efforts to expand student eligibility for federal school meals to include all K–12 students should be soundly rejected. Such expansion would allow an inefficient, wasteful program to grow, magnifying the amount of wasted taxpayer resources. Reform Conservation Programs. Farmers, in general, are excellent stewards of the land, if not for moral or ethical considerations, then out of self-interest to