Congressional Record, Volume 156 Issue 155 (Wednesday, December 1, 2010)

[Congressional Record Volume 156, Number 155 (Wednesday, December 1, 2010)]
[House]
[Pages H7778-H7813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

HEALTHY, HUNGER-FREE KIDS ACT OF 2010

Mr. GEORGE MILLER of California. Mr. Speaker, pursuant to House
Resolution 1742, I call up the bill (S. 3307) to reauthorize child
nutrition programs, and for other purposes, and ask for its immediate
consideration in the House.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 3307

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 ``Healthy,
Hunger-Free Kids Act of 2010''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

TITLE I--A PATH TO END CHILDHOOD HUNGER

Subtitle A--National School Lunch Program

Sec. 101. Improving direct certification.
Sec. 102. Categorical eligibility of foster children.
Sec. 103. Direct certification for children receiving Medicaid
benefits.
Sec. 104. Eliminating individual applications through community
eligibility.
Sec. 105. Grants for expansion of school breakfast programs.

Subtitle B--Summer Food Service Program

Sec. 111. Alignment of eligibility rules for public and private
sponsors.
Sec. 112. Outreach to eligible families.
Sec. 113. Summer food service support grants.

Subtitle C--Child and Adult Care Food Program

Sec. 121. Simplifying area eligibility determinations in the child and
adult care food program.
Sec. 122. Expansion of afterschool meals for at-risk children.

Subtitle D--Special Supplemental Nutrition Program for Women, Infants,
and Children

Sec. 131. Certification periods.

Subtitle E--Miscellaneous

Sec. 141. Childhood hunger research.
Sec. 142. State childhood hunger challenge grants.
Sec. 143. Review of local policies on meal charges and provision of
alternate meals.

TITLE II--REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS OF
CHILDREN

Subtitle A--National School Lunch Program

Sec. 201. Performance-based reimbursement rate increases for new meal
patterns.
Sec. 202. Nutrition requirements for fluid milk.
Sec. 203. Water.
Sec. 204. Local school wellness policy implementation.
Sec. 205. Equity in school lunch pricing.
Sec. 206. Revenue from nonprogram foods sold in schools.
Sec. 207. Reporting and notification of school performance.
Sec. 208. Nutrition standards for all foods sold in school.
Sec. 209. Information for the public on the school nutrition
environment.
Sec. 210. Organic food pilot program.

[[Page H7779]]

Subtitle B--Child and Adult Care Food Program

Sec. 221. Nutrition and wellness goals for meals served through the
child and adult care food program.
Sec. 222. Interagency coordination to promote health and wellness in
child care licensing.
Sec. 223. Study on nutrition and wellness quality of child care
settings.

Subtitle C--Special Supplemental Nutrition Program for Women, Infants,
and Children

Sec. 231. Support for breastfeeding in the WIC Program.
Sec. 232. Review of available supplemental foods.

Subtitle D--Miscellaneous

Sec. 241. Nutrition education and obesity prevention grant program.
Sec. 242. Procurement and processing of food service products and
commodities.
Sec. 243. Access to Local Foods: Farm to School Program.
Sec. 244. Research on strategies to promote the selection and
consumption of healthy foods.

TITLE III--IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION
PROGRAMS

Subtitle A--National School Lunch Program

Sec. 301. Privacy protection.
Sec. 302. Applicability of food safety program on entire school campus.
Sec. 303. Fines for violating program requirements.
Sec. 304. Independent review of applications.
Sec. 305. Program evaluation.
Sec. 306. Professional standards for school food service.
Sec. 307. Indirect costs.
Sec. 308. Ensuring safety of school meals.

Subtitle B--Summer Food Service Program

Sec. 321. Summer food service program permanent operating agreements.
Sec. 322. Summer food service program disqualification.

Subtitle C--Child and Adult Care Food Program

Sec. 331. Renewal of application materials and permanent operating
agreements.
Sec. 332. State liability for payments to aggrieved child care
institutions.
Sec. 333. Transmission of income information by sponsored family or
group day care homes.
Sec. 334. Simplifying and enhancing administrative payments to
sponsoring organizations.
Sec. 335. Child and adult care food program audit funding.
Sec. 336. Reducing paperwork and improving program administration.
Sec. 337. Study relating to the child and adult care food program.

Subtitle D--Special Supplemental Nutrition Program for Women, Infants,
and Children

Sec. 351. Sharing of materials with other programs.
Sec. 352. WIC program management.

Subtitle E--Miscellaneous

Sec. 361. Full use of Federal funds.
Sec. 362. Disqualified schools, institutions, and individuals.

TITLE IV--MISCELLANEOUS

Subtitle A--Reauthorization of Expiring Provisions

PART I--Richard B. Russell National School Lunch Act

Sec. 401. Commodity support.
Sec. 402. Food safety audits and reports by States.
Sec. 403. Procurement training.
Sec. 404. Authorization of the summer food service program for
children.
Sec. 405. Year-round services for eligible entities.
Sec. 406. Training, technical assistance, and food service management
institute.
Sec. 407. Federal administrative support.
Sec. 408. Compliance and accountability.
Sec. 409. Information clearinghouse.

PART II--Child Nutrition Act of 1966

Sec. 421. Technology infrastructure improvement.
Sec. 422. State administrative expenses.
Sec. 423. Special supplemental nutrition program for women, infants,
and children.
Sec. 424. Farmers market nutrition program.

Subtitle B--Technical Amendments

Sec. 441. Technical amendments.
Sec. 442. Use of unspent future funds from the American Recovery and
Reinvestment Act of 2009.
Sec. 443. Equipment assistance technical correction.
Sec. 444. Budgetary effects.
Sec. 445. Effective date.

SEC. 2. DEFINITION OF SECRETARY.

In this Act, the term ``Secretary'' means the Secretary of
Agriculture.

TITLE I--A PATH TO END CHILDHOOD HUNGER

Subtitle A--National School Lunch Program

SEC. 101. IMPROVING DIRECT CERTIFICATION.

(a) Performance Awards.--Section 9(b)(4) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) is
amended--
(1) in the paragraph heading, by striking ``food stamp''
and inserting ``supplemental nutrition assistance program'';
and
(2) by adding at the end the following:
``(E) Performance awards.--
``(i) In general.--Effective for each of the school years
beginning July 1, 2011, July 1, 2012, and July 1, 2013, the
Secretary shall offer performance awards to States to
encourage the States to ensure that all children eligible for
direct certification under this paragraph are certified in
accordance with this paragraph.
``(ii) Requirements.--For each school year described in
clause (i), the Secretary shall--

``(I) consider State data from the prior school year,
including estimates contained in the report required under
section 4301 of the Food, Conservation, and Energy Act of
2008 (42 U.S.C. 1758a); and
``(II) make performance awards to not more than 15 States
that demonstrate, as determined by the Secretary--

``(aa) outstanding performance; and
``(bb) substantial improvement.
``(iii) Use of funds.--A State agency that receives a
performance award under clause (i)--

``(I) shall treat the funds as program income; and
``(II) may transfer the funds to school food authorities
for use in carrying out the program.

``(iv) Funding.--

``(I) In general.--On October 1, 2011, and each subsequent
October 1 through October 1, 2013, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary--

``(aa) $2,000,000 to carry out clause (ii)(II)(aa); and
``(bb) $2,000,000 to carry out clause (ii)(II)(bb).

``(II) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this clause the funds transferred under subclause (I),
without further appropriation.

``(v) Payments not subject to judicial review.--A
determination by the Secretary whether, and in what amount,
to make a performance award under this subparagraph shall not
be subject to administrative or judicial review.''.
(b) Continuous Improvement Plans.--Section 9(b)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)(4)) (as amended by subsection (a)) is amended by
adding at the end the following:
``(F) Continuous improvement plans.--
``(i) Definition of required percentage.--In this
subparagraph, the term `required percentage' means--

``(I) for the school year beginning July 1, 2011, 80
percent;
``(II) for the school year beginning July 1, 2012, 90
percent; and
``(III) for the school year beginning July 1, 2013, and
each school year thereafter, 95 percent.

``(ii) Requirements.--Each school year, the Secretary
shall--

``(I) identify, using data from the prior year, including
estimates contained in the report required under section 4301
of the Food, Conservation, and Energy Act of 2008 (42 U.S.C.
1758a), States that directly certify less than the required
percentage of the total number of children in the State who
are eligible for direct certification under this paragraph;
``(II) require the States identified under subclause (I) to
implement a continuous improvement plan to fully meet the
requirements of this paragraph, which shall include a plan to
improve direct certification for the following school year;
and
``(III) assist the States identified under subclause (I) to
develop and implement a continuous improvement plan in
accordance with subclause (II).

``(iii) Failure to meet performance standard.--

``(I) In general.--A State that is required to develop and
implement a continuous improvement plan under clause (ii)(II)
shall be required to submit the continuous improvement plan
to the Secretary, for the approval of the Secretary.
``(II) Requirements.--At a minimum, a continuous
improvement plan under subclause (I) shall include--

``(aa) specific measures that the State will use to
identify more children who are eligible for direct
certification, including improvements or modifications to
technology, information systems, or databases;
``(bb) a timeline for the State to implement those
measures; and
``(cc) goals for the State to improve direct certification
results.''.
(c) Without Further Application.--Section 9(b)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)(4)) (as amended by subsection (b)) is amended by
adding at the end the following:
``(G) Without further application.--
``(i) In general.--In this paragraph, the term `without
further application' means that no action is required by the
household of the child.
``(ii) Clarification.--A requirement that a household
return a letter notifying the household of eligibility for
direct certification or eligibility for free school meals
does not meet the requirements of clause (i).''.

SEC. 102. CATEGORICAL ELIGIBILITY OF FOSTER CHILDREN.

(a) Discretionary Certification.--Section 9(b)(5) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)(5)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;

[[Page H7780]]

(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E)(i) a foster child whose care and placement is the
responsibility of an agency that administers a State plan
under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
``(ii) a foster child who a court has placed with a
caretaker household.''.
(b) Categorical Eligibility.--Section 9(b)(12)(A) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)(12)(A)) is amended--
(1) in clause (iv), by adding ``)'' before the semicolon at
the end;
(2) in clause (v), by striking ``or'' at the end;
(3) in clause (vi), by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following:
``(vii)(I) a foster child whose care and placement is the
responsibility of an agency that administers a State plan
under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
``(II) a foster child who a court has placed with a
caretaker household.''.
(c) Documentation.--Section 9(d)(2) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is
amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(F)(i) documentation has been provided to the appropriate
local educational agency showing the status of the child as a
foster child whose care and placement is the responsibility
of an agency that administers a State plan under part B or E
of title IV of the Social Security Act (42 U.S.C. 621 et
seq.); or
``(ii) documentation has been provided to the appropriate
local educational agency showing the status of the child as a
foster child who a court has placed with a caretaker
household.''.

SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIVING
MEDICAID BENEFITS.

(a) In General.--Section 9(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)) is amended by
adding at the end the following:
``(15) Direct certification for children receiving medicaid
benefits.--
``(A) Definitions.--In this paragraph:
``(i) Eligible child.--The term `eligible child' means a
child--

``(I)(aa) who is eligible for and receiving medical
assistance under the Medicaid program; and
``(bb) who is a member of a family with an income as
measured by the Medicaid program before the application of
any expense, block, or other income disregard, that does not
exceed 133 percent of the poverty line (as defined in section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2), including any revision required by such section))
applicable to a family of the size used for purposes of
determining eligibility for the Medicaid program; or
``(II) who is a member of a household (as that term is
defined in section 245.2 of title 7, Code of Federal
Regulations (or successor regulations) with a child described
in subclause (I).

``(ii) Medicaid program.--The term `Medicaid program' means
the program of medical assistance established under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.).
``(B) Demonstration project.--
``(i) In general.--The Secretary, acting through the
Administrator of the Food and Nutrition Service and in
cooperation with selected State agencies, shall conduct a
demonstration project in selected local educational agencies
to determine whether direct certification of eligible
children is an effective method of certifying children for
free lunches and breakfasts under section 9(b)(1)(A) of this
Act and section 4(e)(1)(A) of the Child Nutrition Act of 1966
(42 U.S.C. 1773(e)(1)(A)).
``(ii) Scope of project.--The Secretary shall carry out the
demonstration project under this subparagraph--

``(I) for the school year beginning July 1, 2012, in
selected local educational agencies that collectively serve
2.5 percent of students certified for free and reduced price
meals nationwide, based on the most recent available data;
``(II) for the school year beginning July 1, 2013, in
selected local educational agencies that collectively serve 5
percent of students certified for free and reduced price
meals nationwide, based on the most recent available data;
and
``(III) for the school year beginning July 1, 2014, and
each subsequent school year, in selected local educational
agencies that collectively serve 10 percent of students
certified for free and reduced price meals nationwide, based
on the most recent available data.

``(iii) Purposes of the project.--At a minimum, the
purposes of the demonstration project shall be--

``(I) to determine the potential of direct certification
with the Medicaid program to reach children who are eligible
for free meals but not certified to receive the meals;
``(II) to determine the potential of direct certification
with the Medicaid program to directly certify children who
are enrolled for free meals based on a household application;
and
``(III) to provide an estimate of the effect on Federal
costs and on participation in the school lunch program under
this Act and the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
of direct certification with the Medicaid program.

``(iv) Cost estimate.--For each of 2 school years of the
demonstration project, the Secretary shall estimate the cost
of the direct certification of eligible children for free
school meals through data derived from--

``(I) the school meal programs authorized under this Act
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
``(II) the Medicaid program; and
``(III) interviews with a statistically representative
sample of households.

``(C) Agreement.--
``(i) In general.--Not later than July 1 of the first
school year during which a State agency will participate in
the demonstration project, the State agency shall enter into
an agreement with the 1 or more State agencies conducting
eligibility determinations for the Medicaid program.
``(ii) Without further application.--Subject to paragraph
(6), the agreement described in subparagraph (D) shall
establish procedures under which an eligible child shall be
certified for free lunches under this Act and free breakfasts
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773), without further application (as defined in paragraph
(4)(G)).
``(D) Certification.--For the school year beginning on July
1, 2012, and each subsequent school year, subject to
paragraph (6), the local educational agencies participating
in the demonstration project shall certify an eligible child
as eligible for free lunches under this Act and free
breakfasts under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), without further application (as defined in
paragraph (4)(G)).
``(E) Site selection.--
``(i) In general.--To be eligible to participate in the
demonstration project under this subsection, a State agency
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
``(ii) Considerations.--In selecting States and local
educational agencies for participation in the demonstration
project, the Secretary may take into consideration such
factors as the Secretary considers to be appropriate, which
may include--

``(I) the rate of direct certification;
``(II) the share of individuals who are eligible for
benefits under the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) who participate in the program, as
determined by the Secretary;
``(III) the income eligibility limit for the Medicaid
program;
``(IV) the feasibility of matching data between local
educational agencies and the Medicaid program;
``(V) the socioeconomic profile of the State or local
educational agencies; and
``(VI) the willingness of the State and local educational
agencies to comply with the requirements of the demonstration
project.

``(F) Access to data.--For purposes of conducting the
demonstration project under this paragraph, the Secretary
shall have access to--
``(i) educational and other records of State and local
educational and other agencies and institutions receiving
funding or providing benefits for 1 or more programs
authorized under this Act or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.); and
``(ii) income and program participation information from
public agencies administering the Medicaid program.
``(G) Report to congress.--
``(i) In general.--Not later than October 1, 2014, the
Secretary shall submit to the Committee on Education and
Labor of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, an
interim report that describes the results of the
demonstration project required under this paragraph.
``(ii) Final report.--Not later than October 1, 2015, the
Secretary shall submit a final report to the committees
described in clause (i).
``(H) Funding.--
``(i) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out
subparagraph (G) $5,000,000, to remain available until
expended.
``(ii) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
subparagraph (G) the funds transferred under clause (i),
without further appropriation.''.
(b) Documentation.--Section 9(d)(2) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) (as
amended by section 102(c)) is amended--
(1) in subparagraph (E), by striking ``or'' at the end;
(2) in subparagraph (F)(ii), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(G) documentation has been provided to the appropriate
local educational agency showing the status of the child as
an eligible child (as defined in subsection (b)(15)(A)).''.
(c) Agreement for Direct Certification and Cooperation by
State Medicaid Agencies.--
(1) In general.--Section 1902(a)(7) of the Social Security
Act (42 U.S.C. 1396a(a)(7)) is amended to read as follows:
``(7) provide--

[[Page H7781]]

``(A) safeguards which restrict the use or disclosure of
information concerning applicants and recipients to purposes
directly connected with--
``(i) the administration of the plan; and
``(ii) the exchange of information necessary to certify or
verify the certification of eligibility of children for free
or reduced price breakfasts under the Child Nutrition Act of
1966 and free or reduced price lunches under the Richard B.
Russell National School Lunch Act, in accordance with section
9(b) of that Act, using data standards and formats
established by the State agency; and
``(B) that, notwithstanding the Express Lane option under
subsection (e)(13), the State may enter into an agreement
with the State agency administering the school lunch program
established under the Richard B. Russell National School
Lunch Act under which the State shall establish procedures to
ensure that--
``(i) a child receiving medical assistance under the State
plan under this title whose family income does not exceed 133
percent of the poverty line (as defined in section 673(2) of
the Community Services Block Grant Act, including any
revision required by such section), as determined without
regard to any expense, block, or other income disregard,
applicable to a family of the size involved, may be certified
as eligible for free lunches under the Richard B. Russell
National School Lunch Act and free breakfasts under the Child
Nutrition Act of 1966 without further application; and
``(ii) the State agencies responsible for administering the
State plan under this title, and for carrying out the school
lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) or the
school breakfast program established by section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773), cooperate in
carrying out paragraphs (3)(F) and (15) of section 9(b) of
that Act;''.
(2) Effective date.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by this subsection shall take effect on
the date of enactment of this Act.
(B) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State
legislation in order for the plan to meet the additional
requirements imposed by the amendments made by this section,
the State plan shall not be regarded as failing to comply
with the requirements of the amendments made by this section
solely on the basis of its failure to meet such additional
requirements before the first day of the first calendar
quarter beginning after the close of the first regular
session of the State legislature that begins after the date
of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered
to be a separate regular session of the State legislature.
(d) Conforming Amendments.--Section 444(b)(1) of the
General Education Provisions Act (20 U.S.C. 1232g(b)(1)) is
amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J)(ii), by striking the period at the
end and inserting ``; and'';
(3) by adding at the end the following:
``(K) the Secretary of Agriculture, or authorized
representative from the Food and Nutrition Service or
contractors acting on behalf of the Food and Nutrition
Service, for the purposes of conducting program monitoring,
evaluations, and performance measurements of State and local
educational and other agencies and institutions receiving
funding or providing benefits of 1 or more programs
authorized under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) for which the results will be
reported in an aggregate form that does not identify any
individual, on the conditions that--
``(i) any data collected under this subparagraph shall be
protected in a manner that will not permit the personal
identification of students and their parents by other than
the authorized representatives of the Secretary; and
``(ii) any personally identifiable data shall be destroyed
when the data are no longer needed for program monitoring,
evaluations, and performance measurements.''.

SEC. 104. ELIMINATING INDIVIDUAL APPLICATIONS THROUGH
COMMUNITY ELIGIBILITY.

(a) Universal Meal Service in High Poverty Areas.--
(1) Eligibility.--Section 11(a)(1) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is
amended by adding at the end the following:
``(F) Universal meal service in high poverty areas.--
``(i) Definition of identified students.--The term
`identified students' means students certified based on
documentation of benefit receipt or categorical eligibility
as described in section 245.6a(c)(2) of title 7, Code of
Federal Regulations (or successor regulations).
``(ii) Election of special assistance payments.--

``(I) In general.--A local educational agency may, for all
schools in the district or on behalf of certain schools in
the district, elect to receive special assistance payments
under this subparagraph in lieu of special assistance
payments otherwise made available under this paragraph based
on applications for free and reduced price lunches if--

``(aa) during a period of 4 successive school years, the
local educational agency elects to serve all children in the
applicable schools free lunches and breakfasts under the
school lunch program under this Act and the school breakfast
program established under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773);
``(bb) the local educational agency pays, from sources
other than Federal funds, the costs of serving the lunches or
breakfasts that are in excess of the value of assistance
received under this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.);
``(cc) the local educational agency is not a residential
child care institution (as that term is used in section 210.2
of title 7, Code of Federal Regulations (or successor
regulations)); and
``(dd) during the school year prior to the first year of
the period for which the local educational agency elects to
receive special assistance payments under this subparagraph,
the local educational agency or school had a percentage of
enrolled students who were identified students that meets or
exceeds the threshold described in clause (viii).

``(II) Election to stop receiving payments.--A local
educational agency may, for all schools in the district or on
behalf of certain schools in the district, elect to stop
receiving special assistance payments under this subparagraph
for the following school year by notifying the State agency
not later than June 30 of the current school year of the
intention to stop receiving special assistance payments under
this subparagraph.

``(iii) First year of option.--

``(I) Special assistance payment.--For each month of the
first school year of the 4-year period during which a school
or local educational agency elects to receive payments under
this subparagraph, special assistance payments at the rate
for free meals shall be made under this subparagraph for a
percentage of all reimbursable meals served in an amount
equal to the product obtained by multiplying--

``(aa) the multiplier described in clause (vii); by
``(bb) the percentage of identified students at the school
or local educational agency as of April 1 of the prior school
year, up to a maximum of 100 percent.

``(II) Payment for other meals.--The percentage of meals
served that is not described in subclause (I) shall be
reimbursed at the rate provided under section 4.

``(iv) Second, third, or fourth year of option.--

``(I) Special assistance payment.--For each month of the
second, third, or fourth school year of the 4-year period
during which a school or local educational agency elects to
receive payments under this subparagraph, special assistance
payments at the rate for free meals shall be made under this
subparagraph for a percentage of all reimbursable meals
served in an amount equal to the product obtained by
multiplying--

``(aa) the multiplier described in clause (vii); by
``(bb) the higher of the percentage of identified students
at the school or local educational agency as of April 1 of
the prior school year or the percentage of identified
students at the school or local educational agency as of
April 1 of the school year prior to the first year that the
school or local educational agency elected to receive special
assistance payments under this subparagraph, up to a maximum
of 100 percent.

``(II) Payment for other meals.--The percentage of meals
served that is not described in subclause (I) shall be
reimbursed at the rate provided under section 4.

``(v) Grace year.--

``(I) In general.--If, not later than April 1 of the fourth
year of a 4-year period described in clause (ii)(I), a school
or local educational agency has a percentage of enrolled
students who are identified students that meets or exceeds a
percentage that is 10 percentage points lower than the
threshold described in clause (viii), the school or local
educational agency may elect to receive special assistance
payments under subclause (II) for an additional grace year.
``(II) Special assistance payment.--For each month of a
grace year, special assistance payments at the rate for free
meals shall be made under this subparagraph for a percentage
of all reimbursable meals served in an amount equal to the
product obtained by multiplying--

``(III) Payment for other meals.--The percentage of meals
served that is not described in subclause (II) shall be
reimbursed at the rate provided under section 4.

``(vi) Applications.--A school or local educational agency
that receives special assistance payments under this
subparagraph may not be required to collect applications for
free and reduced price lunches.
``(vii) Multiplier.--

``(I) Phase-in.--For each school year beginning on or
before July 1, 2013, the multiplier shall be 1.6.
``(II) Full implementation.--For each school year beginning
on or after July 1, 2014, the Secretary may use, as
determined by the Secretary--

[[Page H7782]]

``(aa) a multiplier between 1.3 and 1.6; and
``(bb) subject to item (aa), a different multiplier for
different schools or local educational agencies.
``(viii) Threshold.--

``(I) Phase-in.--For each school year beginning on or
before July 1, 2013, the threshold shall be 40 percent.
``(II) Full implementation.--For each school year beginning
on or after July 1, 2014, the Secretary may use a threshold
that is less than 40 percent.

``(ix) Phase-in.--

``(I) In general.--In selecting States for participation
during the phase-in period, the Secretary shall select States
with an adequate number and variety of schools and local
educational agencies that could benefit from the option under
this subparagraph, as determined by the Secretary.
``(II) Limitation.--The Secretary may not approve
additional schools and local educational agencies to receive
special assistance payments under this subparagraph after the
Secretary has approved schools and local educational agencies
in--

``(aa) for the school year beginning on July 1, 2011, 3
States; and
``(bb) for each of the school years beginning July 1, 2012
and July 1, 2013, an additional 4 States per school year.
``(x) Election of option.--

``(I) In general.--For each school year beginning on or
after July 1, 2014, any local educational agency eligible to
make the election described in clause (ii) for all schools in
the district or on behalf of certain schools in the district
may elect to receive special assistance payments under clause
(iii) for the next school year if, not later than June 30 of
the current school year, the local educational agency submits
to the State agency the percentage of identified students at
the school or local educational agency.
``(II) State agency notification.--Not later than May 1 of
each school year beginning on or after July 1, 2011, each
State agency with schools or local educational agencies that
may be eligible to elect to receive special assistance
payments under this subparagraph shall notify--

``(aa) each local educational agency that meets or exceeds
the threshold described in clause (viii) that the local
educational agency is eligible to elect to receive special
assistance payments under clause (iii) for the next 4 school
years, of the blended reimbursement rate the local
educational agency would receive under clause (iii), and of
the procedures for the local educational agency to make the
election;
``(bb) each local educational agency that receives special
assistance payments under clause (iii) of the blended
reimbursement rate the local educational agency would receive
under clause (iv);
``(cc) each local educational agency in the fourth year of
electing to receive special assistance payments under this
subparagraph that meets or exceeds a percentage that is 10
percentage points lower than the threshold described in
clause (viii) and that receives special assistance payments
under clause (iv), that the local educational agency may
continue to receive such payments for the next school year,
of the blended reimbursement rate the local educational
agency would receive under clause (v), and of the procedures
for the local educational agency to make the election; and
``(dd) each local educational agency that meets or exceeds
a percentage that is 10 percentage points lower than the
threshold described in clause (viii) that the local
educational agency may be eligible to elect to receive
special assistance payments under clause (iii) if the
threshold described in clause (viii) is met by April 1 of the
school year or if the threshold is met for a subsequent
school year.

``(III) Public notification of local educational
agencies.--Not later than May 1 of each school year beginning
on or after July 1, 2011, each State agency with 1 or more
schools or local educational agencies eligible to elect to
receive special assistance payments under clause (iii) shall
submit to the Secretary, and the Secretary shall publish,
lists of the local educational agencies receiving notices
under subclause (II).
``(IV) Public notification of schools.--Not later than May
1 of each school year beginning on or after July 1, 2011,
each local educational agency in a State with 1 or more
schools eligible to elect to receive special assistance
payments under clause (iii) shall submit to the State agency,
and the State agency shall publish--

``(aa) a list of the schools that meet or exceed the
threshold described in clause (viii);
``(bb) a list of the schools that meet or exceed a
percentage that is 10 percentage points lower than the
threshold described in clause (viii) and that are in the
fourth year of receiving special assistance payments under
clause (iv); and
``(cc) a list of the schools that meet or exceed a
percentage that is 10 percentage points lower than the
threshold described in clause (viii).
``(xi) Implementation.--

``(I) Guidance.--Not later than 90 days after the date of
enactment of this subparagraph, the Secretary shall issue
guidance to implement this subparagraph.
``(II) Regulations.--Not later than December 31, 2013, the
Secretary shall promulgate regulations that establish
procedures for State agencies, local educational agencies,
and schools to meet the requirements of this subparagraph,
including exercising the option described in this
subparagraph.
``(III) Publication.--If the Secretary uses the authority
provided in clause (vii)(II)(bb) to use a different
multiplier for different schools or local educational
agencies, for each school year beginning on or after July 1,
2014, not later than April 1, 2014, the Secretary shall
publish on the website of the Secretary a table that
indicates--

``(aa) each local educational agency that may elect to
receive special assistance payments under clause (ii);
``(bb) the blended reimbursement rate that each local
educational agency would receive; and
``(cc) an explanation of the methodology used to calculate
the multiplier or threshold for each school or local
educational agency.
``(xii) Report.--Not later than December 31, 2013, the
Secretary shall publish a report that describes--

``(I) an estimate of the number of schools and local
educational agencies eligible to elect to receive special
assistance payments under this subparagraph that do not elect
to receive the payments;
``(II) for schools and local educational agencies described
in subclause (I)--

``(aa) barriers to participation in the special assistance
option under this subparagraph, as described by the
nonparticipating schools and local educational agencies; and
``(bb) changes to the special assistance option under this
subparagraph that would make eligible schools and local
educational agencies more likely to elect to receive special
assistance payments;

``(III) for schools and local educational agencies that
elect to receive special assistance payments under this
subparagraph--

``(aa) the number of schools and local educational
agencies;
``(bb) an estimate of the percentage of identified students
and the percentage of enrolled students who were certified to
receive free or reduced price meals in the school year prior
to the election to receive special assistance payments under
this subparagraph, and a description of how the ratio between
those percentages compares to 1.6;
``(cc) an estimate of the number and share of schools and
local educational agencies in which more than 80 percent of
students are certified for free or reduced price meals that
elect to receive special assistance payments under that
clause; and
``(dd) whether any of the schools or local educational
agencies stopped electing to receive special assistance
payments under this subparagraph;

``(IV) the impact of electing to receive special assistance
payments under this subparagraph on--

``(aa) program integrity;
``(bb) whether a breakfast program is offered;
``(cc) the type of breakfast program offered;
``(dd) the nutritional quality of school meals; and
``(ee) program participation; and

``(V) the multiplier and threshold, as described in clauses
(vii) and (viii) respectively, that the Secretary will use
for each school year beginning on or after July 1, 2014 and
the rationale for any change in the multiplier or threshold.

``(xiii) Funding.--

``(I) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out clause
(xii) $5,000,000, to remain available until September 30,
2014.
``(II) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
clause (xii) the funds transferred under subclause (I),
without further appropriation.''.

(2) Conforming amendments.--Section 11(a)(1)(B) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)(B)) is amended by striking ``or (E)'' and
inserting ``(E), or (F)''.
(b) Universal Meal Service Through Census Data.--Section 11
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1759a) is amended by adding at the end the following:
``(g) Universal Meal Service Through Census Data.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall identify alternatives to--
``(A) the daily counting by category of meals provided by
school lunch programs under this Act and the school breakfast
program established by section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773); and
``(B) the use of annual applications as the basis for
eligibility to receive free meals or reduced price meals
under this Act.
``(2) Recommendations.--
``(A) Considerations.--
``(i) In general.--In identifying alternatives under
paragraph (1), the Secretary shall consider the
recommendations of the Committee on National Statistics of
the National Academy of Sciences relating to use of the
American Community Survey of the Bureau of the Census and
other data sources.
``(ii) Socioeconomic survey.--The Secretary shall consider
use of a periodic socioeconomic survey of households of
children attending school in the school food authority in not
more than 3 school food authorities participating in the
school lunch program under this Act.
``(iii) Survey parameters.--The Secretary shall establish
requirements for the use of a socioeconomic survey under
clause (ii), which shall--

[[Page H7783]]

``(I) include criteria for survey design, sample frame
validity, minimum level of statistical precision, minimum
survey response rates, frequency of data collection, and
other criteria as determined by the Secretary;
``(II) be consistent with the Standards and Guidelines for
Statistical Surveys, as published by the Office of Management
and Budget;
``(III) be consistent with standards and requirements that
ensure proper use of Federal funds; and
``(IV) specify that the socioeconomic survey be conducted
at least once every 4 years.

``(B) Use of alternatives.--Alternatives described in
subparagraph (A) that provide accurate and effective means of
providing meal reimbursement consistent with the eligibility
status of students may be--
``(i) implemented for use in schools or by school food
authorities that agree--

``(I) to serve all breakfasts and lunches to students at no
cost in accordance with regulations issued by the Secretary;
and
``(II) to pay, from sources other than Federal funds, the
costs of serving any lunches and breakfasts that are in
excess of the value of assistance received under this Act or
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with
respect to the number of lunches and breakfasts served during
the applicable period; or

``(ii) further tested through demonstration projects
carried out by the Secretary in accordance with subparagraph
(C).
``(C) Demonstration projects.--
``(i) In general.--For the purpose of carrying out
demonstration projects described in subparagraph (B), the
Secretary may waive any requirement of this Act relating to--

``(I) counting of meals provided by school lunch or
breakfast programs;
``(II) applications for eligibility for free or reduced
priced meals; or
``(III) required direct certification under section
9(b)(4).

``(ii) Number of projects.--The Secretary shall carry out
demonstration projects under this paragraph in not more than
5 local educational agencies for each alternative model that
is being tested.
``(iii) Limitation.--A demonstration project carried out
under this paragraph shall have a duration of not more than 3
years.
``(iv) Evaluation.--The Secretary shall evaluate each
demonstration project carried out under this paragraph in
accordance with procedures established by the Secretary.
``(v) Requirement.--In carrying out evaluations under
clause (iv), the Secretary shall evaluate, using comparisons
with local educational agencies with similar demographic
characteristics--

``(I) the accuracy of the 1 or more methodologies adopted
as compared to the daily counting by category of meals
provided by school meal programs under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and the use of
annual applications as the basis for eligibility to receive
free or reduced price meals under those Acts;
``(II) the effect of the 1 or more methodologies adopted on
participation in programs under those Acts;
``(III) the effect of the 1 or more methodologies adopted
on administration of programs under those Acts; and
``(IV) such other matters as the Secretary determines to be
appropriate.''.

SEC. 105. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS.

The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is
amended by adding at the end the following:

``SEC. 23. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS.

``(a) Definition of Qualifying School.--In this section,
the term `qualifying school' means a school in severe need,
as described in section 4(d)(1).
``(b) Establishment.--Subject to the availability of
appropriations provided in advance in an appropriations Act
specifically for the purpose of carrying out this section,
the Secretary shall establish a program under which the
Secretary shall provide grants, on a competitive basis, to
State educational agencies for the purpose of providing
subgrants to local educational agencies for qualifying
schools to establish, maintain, or expand the school
breakfast program in accordance with this section.
``(c) Grants to State Educational Agencies.--
``(1) Application.--To be eligible to receive a grant under
this section, a State educational agency shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(2) Administration.--In carrying out this section, the
Secretary shall--
``(A) develop an appropriate competitive application
process; and
``(B) make information available to State educational
agencies concerning the availability of funds under this
section.
``(3) Allocation.--The amount of grants provided by the
Secretary to State educational agencies for a fiscal year
under this section shall not exceed the lesser of--
``(A) the product obtained by multiplying--
``(i) the number of qualifying schools receiving subgrants
or other benefits under subsection (d) for the fiscal year;
and
``(ii) the maximum amount of a subgrant provided to a
qualifying school under subsection (d)(4)(B); or
``(B) $2,000,000.
``(d) Subgrants to Qualifying Schools.--
``(1) In general.--A State educational agency receiving a
grant under this section shall use funds made available under
the grant to award subgrants to local educational agencies
for a qualifying school or groups of qualifying schools to
carry out activities in accordance with this section.
``(2) Priority.--In awarding subgrants under this
subsection, a State educational agency shall give priority to
local educational agencies with qualifying schools in which
at least 75 percent of the students are eligible for free or
reduced price school lunches under the school lunch program
established under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
``(3) State and district training and technical support.--A
local educational agency or State educational agency may
allocate a portion of each subgrant to provide training and
technical assistance to the staff of qualifying schools to
carry out the purposes of this section.
``(4) Amount; term.--
``(A) In general.--Except as otherwise provided in this
paragraph, a subgrant provided by a State educational agency
to a local educational agency or qualifying school under this
section shall be in such amount, and shall be provided for
such term, as the State educational agency determines
appropriate.
``(B) Maximum amount.--The amount of a subgrant provided by
a State educational agency to a local educational agency for
a qualifying school or a group of qualifying schools under
this subsection shall not exceed $10,000 for each school
year.
``(C) Maximum grant term.--A local educational agency or
State educational agency shall not provide subgrants to a
qualifying school under this subsection for more than 2
fiscal years.
``(e) Best Practices.--
``(1) In general.--Prior to awarding grants under this
section, the Secretary shall make available to State
educational agencies information regarding the most effective
mechanisms by which to increase school breakfast
participation among eligible children at qualifying schools.
``(2) Preference.--In awarding subgrants under this
section, a State educational agency shall give preference to
local educational agencies for qualifying schools or groups
of qualifying schools that have adopted, or provide
assurances that the subgrant funds will be used to adopt, the
most effective mechanisms identified by the Secretary under
paragraph (1).
``(f) Use of Funds.--
``(1) In general.--A qualifying school may use a grant
provided under this section--
``(A) to establish, promote, or expand a school breakfast
program of the qualifying school under this section, which
shall include a nutritional education component;
``(B) to extend the period during which school breakfast is
available at the qualifying school;
``(C) to provide school breakfast to students of the
qualifying school during the school day; or
``(D) for other appropriate purposes, as determined by the
Secretary.
``(2) Requirement.--Each activity of a qualifying school
under this subsection shall be carried out in accordance with
applicable nutritional guidelines and regulations issued by
the Secretary.
``(g) Maintenance of Effort.--Grants made available under
this section shall not diminish or otherwise affect the
expenditure of funds from State and local sources for the
maintenance of the school breakfast program.
``(h) Reports.--Not later than 18 months following the end
of a school year during which subgrants are awarded under
this section, the Secretary shall submit to Congress a report
describing the activities of the qualifying schools awarded
subgrants.
``(i) Evaluation.--Not later than 180 days before the end
of a grant term under this section, a local educational
agency that receives a subgrant under this section shall--
``(1) evaluate whether electing to provide universal free
breakfasts under the school breakfast program in accordance
with Provision 2 as established under subsections (b) through
(k) of section 245.9 of title 7, Code of Federal Regulations
(or successor regulations), would be cost-effective for the
qualified schools based on estimated administrative savings
and economies of scale; and
``(2) submit the results of the evaluation to the State
educational agency.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as are necessary for each of fiscal years 2010 through
2015.''.

Subtitle B--Summer Food Service Program

SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC AND
PRIVATE SPONSORS.

Section 13(a) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1761(a)) is amended by striking
paragraph (7) and inserting the following:
``(7) Private nonprofit organizations.--
``(A) Definition of private nonprofit organization.--In
this paragraph, the term `private nonprofit organization'
means an organization that--
``(i) exercises full control and authority over the
operation of the program at all sites under the sponsorship
of the organization;
``(ii) provides ongoing year-round activities for children
or families;

[[Page H7784]]

``(iii) demonstrates that the organization has adequate
management and the fiscal capacity to operate a program under
this section;
``(iv) is an organization described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from taxation
under 501(a) of that Code; and
``(v) meets applicable State and local health, safety, and
sanitation standards.
``(B) Eligibility.--Private nonprofit organizations (other
than organizations eligible under paragraph (1)) shall be
eligible for the program under the same terms and conditions
as other service institutions.''.

SEC. 112. OUTREACH TO ELIGIBLE FAMILIES.

Section 13(a) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1761(a)) is amended by adding at the end
the following:
``(11) Outreach to eligible families.--
``(A) In general.--The Secretary shall require each State
agency that administers the national school lunch program
under this Act to ensure that, to the maximum extent
practicable, school food authorities participating in the
school lunch program under this Act cooperate with
participating service institutions to distribute materials to
inform families of--
``(i) the availability and location of summer food service
program meals; and
``(ii) the availability of reimbursable breakfasts served
under the school breakfast program established by section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
``(B) Inclusions.--Informational activities carried out
under subparagraph (A) may include--
``(i) the development or dissemination of printed
materials, to be distributed to all school children or the
families of school children prior to the end of the school
year, that inform families of the availability and location
of summer food service program meals;
``(ii) the development or dissemination of materials, to be
distributed using electronic means to all school children or
the families of school children prior to the end of the
school year, that inform families of the availability and
location of summer food service program meals; and
``(iii) such other activities as are approved by the
applicable State agency to promote the availability and
location of summer food service program meals to school
children and the families of school children.
``(C) Multiple state agencies.--If the State agency
administering the program under this section is not the same
State agency that administers the school lunch program under
this Act, the 2 State agencies shall work cooperatively to
implement this paragraph.''.

SEC. 113. SUMMER FOOD SERVICE SUPPORT GRANTS.

Section 13(a) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1761(a)) (as amended by section 112) is
amended by adding at the end the following:
``(12) Summer food service support grants.--
``(A) In general.--The Secretary shall use funds made
available to carry out this paragraph to award grants on a
competitive basis to State agencies to provide to eligible
service institutions--
``(i) technical assistance;
``(ii) assistance with site improvement costs; or
``(iii) other innovative activities that improve and
encourage sponsor retention.
``(B) Eligibility.--To be eligible to receive a grant under
this paragraph, a State agency shall submit an application to
the Secretary in such manner, at such time, and containing
such information as the Secretary may require.
``(C) Priority.--In making grants under this paragraph, the
Secretary shall give priority to--
``(i) applications from States with significant low-income
child populations; and
``(ii) State plans that demonstrate innovative approaches
to retain and support summer food service programs after the
expiration of the start-up funding grants.
``(D) Use of funds.--A State and eligible service
institution may use funds made available under this paragraph
to pay for such costs as the Secretary determines are
necessary to establish and maintain summer food service
programs.
``(E) Reallocation.--The Secretary may reallocate any
amounts made available to carry out this paragraph that are
not obligated or expended, as determined by the Secretary.
``(F) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $20,000,000
for fiscal years 2011 through 2015.''.

Subtitle C--Child and Adult Care Food Program

SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINATIONS IN THE
CHILD AND ADULT CARE FOOD PROGRAM.

Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1766(f)(3)(A)(ii)(I)(bb)) is amended by striking
``elementary''.

SEC. 122. EXPANSION OF AFTERSCHOOL MEALS FOR AT-RISK
CHILDREN.

Section 17(r) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(r)) is amended by striking
paragraph (5) and inserting the following:
``(5) Limitation.--An institution participating in the
program under this subsection may not claim reimbursement for
meals and snacks that are served under section 18(h) on the
same day.
``(6) Handbook.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Healthy, Hunger-Free Kids Act of 2010,
the Secretary shall--
``(i) issue guidelines for afterschool meals for at-risk
school children; and
``(ii) publish a handbook reflecting those guidelines.
``(B) Review.--Each year after the issuance of guidelines
under subparagraph (A), the Secretary shall--
``(i) review the guidelines; and
``(ii) issue a revised handbook reflecting changes made to
the guidelines.''.

Subtitle D--Special Supplemental Nutrition Program for Women, Infants,
and Children

SEC. 131. CERTIFICATION PERIODS.

Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(d)(3)(A)) is amended by adding at the end the
following:
``(iii) Children.--A State may elect to certify participant
children for a period of up to 1 year, if the State electing
the option provided under this clause ensures that
participant children receive required health and nutrition
assessments.''.

Subtitle E--Miscellaneous

SEC. 141. CHILDHOOD HUNGER RESEARCH.

The Richard B. Russell National School Lunch Act is amended
by inserting after section 22 (42 U.S.C. 1769c) the
following:

``SEC. 23. CHILDHOOD HUNGER RESEARCH.

``(a) Research on Causes and Consequences of Childhood
Hunger.--
``(1) In general.--The Secretary shall conduct research
on--
``(A) the causes of childhood hunger and food insecurity;
``(B) the characteristics of households with childhood
hunger and food insecurity; and
``(C) the consequences of childhood hunger and food
insecurity.
``(2) Authority.--In carrying out research under paragraph
(1), the Secretary may--
``(A) enter into competitively awarded contracts or
cooperative agreements; or
``(B) provide grants to States or public or private
agencies or organizations, as determined by the Secretary.
``(3) Application.--To be eligible to enter into a contract
or cooperative agreement or receive a grant under this
subsection, a State or public or private agency or
organization shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary shall require.
``(4) Areas of inquiry.--The Secretary shall design the
research program to advance knowledge and understanding of
information on the issues described in paragraph (1), such
as--
``(A) economic, health, social, cultural, demographic, and
other factors that contribute to childhood hunger or food
insecurity;
``(B) the geographic distribution of childhood hunger and
food insecurity;
``(C) the extent to which--
``(i) existing Federal assistance programs, including the
Internal Revenue Code of 1986, reduce childhood hunger and
food insecurity; and
``(ii) childhood hunger and food insecurity persist due
to--

``(I) gaps in program coverage;
``(II) the inability of potential participants to access
programs; or
``(III) the insufficiency of program benefits or services;

``(D) the public health and medical costs of childhood
hunger and food insecurity;
``(E) an estimate of the degree to which the Census Bureau
measure of food insecurity underestimates childhood hunger
and food insecurity because the Census Bureau excludes
certain households, such as homeless, or other factors;
``(F) the effects of childhood hunger on child development,
well-being, and educational attainment; and
``(G) such other critical outcomes as are determined by the
Secretary.
``(5) Funding.--
``(A) In general.--On October 1, 2012, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary 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.
``(b) Demonstration Projects To End Childhood Hunger.--
``(1) Definitions.--In this subsection:
``(A) Child.--The term `child' means a person under the age
of 18.
``(B) Supplemental nutrition assistance program.--The term
`supplemental nutrition assistance program' means the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
``(2) Purpose.--Under such terms and conditions as are
established by the Secretary, the Secretary shall carry out
demonstration projects that test innovative strategies to end
childhood hunger, including alternative models for service
delivery and benefit levels that promote the reduction or
elimination of childhood hunger and food insecurity.
``(3) Projects.--Demonstration projects carried out under
this subsection may include projects that--
``(A) enhance benefits provided under the supplemental
nutrition assistance program for eligible households with
children;

[[Page H7785]]

``(B) enhance benefits or provide for innovative program
delivery models in the school meals, afterschool snack, and
child and adult care food programs under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
``(C) target Federal, State, or local assistance, including
emergency housing or family preservation services, at
households with children who are experiencing hunger or food
insecurity, to the extent permitted by the legal authority
establishing those assistance programs and services.
``(4) Grants.--
``(A) Demonstration projects.--
``(i) In general.--In carrying out this subsection, the
Secretary may enter into competitively awarded contracts or
cooperative agreements with, or provide grants to, public or
private organizations or agencies (as determined by the
Secretary), for use in accordance with demonstration projects
that meet the purposes of this subsection.
``(ii) Requirement.--At least 1 demonstration project
funded under this subsection shall be carried out on an
Indian reservation in a rural area with a service population
with a prevalence of diabetes that exceeds 15 percent, as
determined by the Director of the Indian Health Service.
``(B) Application.--To be eligible to receive a contract,
cooperative agreement, or grant under this subsection, an
organization or agency shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(C) Selection criteria.--Demonstration projects shall be
selected based on publicly disseminated criteria that may
include--
``(i) an identification of a low-income target group that
reflects individuals experiencing hunger or food insecurity;
``(ii) a commitment to a demonstration project that allows
for a rigorous outcome evaluation as described in paragraph
(6);
``(iii) a focus on innovative strategies to reduce the risk
of childhood hunger or provide a significant improvement to
the food security status of households with children; and
``(iv) such other criteria as are determined by the
Secretary.
``(5) Consultation.--In determining the range of projects
and defining selection criteria under this subsection, the
Secretary shall consult with--
``(A) the Secretary of Health and Human Services;
``(B) the Secretary of Labor; and
``(C) the Secretary of Housing and Urban Development.
``(6) Evaluation and reporting.--
``(A) Independent evaluation.--The Secretary shall provide
for an independent evaluation of each demonstration project
carried out under this subsection that--
``(i) measures the impact of each demonstration project on
appropriate participation, food security, nutrition, and
associated behavioral outcomes among participating
households; and
``(ii) uses rigorous experimental designs and
methodologies, particularly random assignment or other
methods that are capable of producing scientifically valid
information regarding which activities are effective in
reducing the prevalence or preventing the incidence of food
insecurity and hunger in the community, especially among
children.
``(B) Reporting.--Not later than December 31, 2013 and each
December 31 thereafter until the date on which the last
evaluation under subparagraph (A) is completed, the Secretary
shall--
``(i) submit to the Committee on Agriculture and the
Committee on Education and Labor of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that includes a
description of--

``(I) the status of each demonstration project; and
``(II) the results of any evaluations of the demonstration
projects completed during the previous fiscal year; and

``(ii) ensure that the evaluation results are shared
broadly to inform policy makers, service providers, other
partners, and the public in order to promote the wide use of
successful strategies.
``(7) Funding.--
``(A) In general.--On October 1, 2012, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
subsection $40,000,000, to remain available until September
30, 2017.
``(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) Use of funds.--
``(i) In general.--Funds made available under subparagraph
(A) may be used to carry out this subsection, including to
pay Federal costs associated with developing, soliciting,
awarding, monitoring, evaluating, and disseminating the
results of each demonstration project under this subsection.
``(ii) Indian reservations.--Of amounts made available
under subparagraph (A), the Secretary shall use a portion of
the amounts to carry out research relating to hunger, obesity
and type 2 diabetes on Indian reservations, including
research to determine the manner in which Federal nutrition
programs can help to overcome those problems.
``(iii) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that--

``(I) describes the manner in which Federal nutrition
programs can help to overcome child hunger nutrition problems
on Indian reservations; and
``(II) contains proposed administrative and legislative
recommendations to strengthen and streamline all relevant
Department of Agriculture nutrition programs to reduce
childhood hunger, obesity, and type 2 diabetes on Indian
reservations.

``(D) Limitations.--
``(i) Duration.--No project may be funded under this
subsection for more than 5 years.
``(ii) Project requirements.--No project that makes use of,
alters, or coordinates with the supplemental nutrition
assistance program may be funded under this subsection unless
the project is fully consistent with the project requirements
described in section 17(b)(1)(B) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2026(b)(1)(B)).
``(iii) Hunger-free communities.--No project may be funded
under this subsection that receives funding under section
4405 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7517).
``(iv) Other benefits.--Funds made available under this
subsection may not be used for any project in a manner that
is inconsistent with--

``(I) this Act;
``(II) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
``(III) the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.); or
``(IV) the Emergency Food Assistance Act of 1983 (7 U.S.C.
7501 et seq.).''.

SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.

The Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) is amended by inserting after section 23 (as
added by section 141) the following:

``SEC. 24. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.

``(a) Definitions.--In this section:
``(1) Child.--The term `child' means a person under the age
of 18.
``(2) Supplemental nutrition assistance program.--The term
`supplemental nutrition assistance program' means the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
``(b) Purpose.--Under such terms and conditions as are
established by the Secretary, funds made available under this
section may be used to competitively award grants to or enter
into cooperative agreements with Governors to carry out
comprehensive and innovative strategies to end childhood
hunger, including alternative models for service delivery and
benefit levels that promote the reduction or elimination of
childhood hunger by 2015.
``(c) Projects.--State demonstration projects carried out
under this section may include projects that--
``(1) enhance benefits provided under the supplemental
nutrition assistance program for eligible households with
children;
``(2) enhance benefits or provide for innovative program
delivery models in the school meals, afterschool snack, and
child and adult care food programs under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
``(3) target Federal, State, or local assistance, including
emergency housing, family preservation services, child care,
or temporary assistance at households with children who are
experiencing hunger or food insecurity, to the extent
permitted by the legal authority establishing those
assistance programs and services;
``(4) enhance outreach to increase access and participation
in Federal nutrition assistance programs; and
``(5) improve the coordination of Federal, State, and
community resources and services aimed at preventing food
insecurity and hunger, including through the establishment
and expansion of State food policy councils.
``(d) Grants.--
``(1) In general.--In carrying out this section, the
Secretary may competitively award grants or enter into
competitively awarded cooperative agreements with Governors
for use in accordance with demonstration projects that meet
the purposes of this section.
``(2) Application.--To be eligible to receive a grant or
cooperative agreement under this section, a Governor shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
``(3) Selection criteria.--The Secretary shall evaluate
proposals based on publicly disseminated criteria that may
include--
``(A) an identification of a low-income target group that
reflects individuals experiencing hunger or food insecurity;
``(B) a commitment to approaches that allow for a rigorous
outcome evaluation as described in subsection (f);
``(C) a comprehensive and innovative strategy to reduce the
risk of childhood hunger or provide a significant improvement
to the food security status of households with children; and
``(D) such other criteria as are determined by the
Secretary.
``(4) Requirements.--Any project funded under this section
shall provide for--

[[Page H7786]]

``(A) a baseline assessment, and subsequent annual
assessments, of the prevalence and severity of very low food
security among children in the State, based on a methodology
prescribed by the Secretary;
``(B) a collaborative planning process including key
stakeholders in the State that results in a comprehensive
agenda to eliminate childhood hunger that is--
``(i) described in a detailed project plan; and
``(ii) provided to the Secretary for approval;
``(C) an annual budget;
``(D) specific performance goals, including the goal to
sharply reduce or eliminate food insecurity among children in
the State by 2015, as determined through a methodology
prescribed by the Secretary and carried out by the Governor;
and
``(E) an independent outcome evaluation of not less than 1
major strategy of the project that measures--
``(i) the specific impact of the strategy on food
insecurity among children in the State; and
``(ii) if applicable, the nutrition assistance
participation rate among children in the State.
``(e) Consultation.--In determining the range of projects
and defining selection criteria under this section, the
Secretary shall consult with--
``(1) the Secretary of Health and Human Services;
``(2) the Secretary of Labor;
``(3) the Secretary of Education; and
``(4) the Secretary of Housing and Urban Development.
``(f) Evaluation and Reporting.--
``(1) General performance assessment.--Each project
authorized under this section shall require an independent
assessment that--
``(A) measures the impact of any activities carried out
under the project on the level of food insecurity in the
State that--
``(i) focuses particularly on the level of food insecurity
among children in the State; and
``(ii) includes a preimplementation baseline and annual
measurements taken during the project of the level of food
insecurity in the State; and
``(B) is carried out using a methodology prescribed by the
Secretary.
``(2) Independent evaluation.--Each project authorized
under this section shall provide for an independent
evaluation of not less than 1 major strategy that--
``(A) measures the impact of the strategy on appropriate
participation, food security, nutrition, and associated
behavioral outcomes among participating households; and
``(B) uses rigorous experimental designs and methodologies,
particularly random assignment or other methods that are
capable of producing scientifically valid information
regarding which activities are effective in reducing the
prevalence or preventing the incidence of food insecurity and
hunger in the community, especially among children.
``(3) Reporting.--Not later than December 31, 2011 and each
December 31 thereafter until the date on which the last
evaluation under paragraph (1) is completed, the Secretary
shall--
``(A) submit to the Committee on Agriculture and the
Committee on Education and Labor of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that includes a
description of--
``(i) the status of each State demonstration project; and
``(ii) the results of any evaluations of the demonstration
projects completed during the previous fiscal year; and
``(B) ensure that the evaluation results are shared broadly
to inform policy makers, service providers, other partners,
and the public in order to promote the wide use of successful
strategies.
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section such sums as are necessary for each
of fiscal years 2011 through 2014, to remain available until
expended.
``(2) Use of funds.--Funds made available under paragraph
(1) may be used to carry out this section, including to pay
Federal costs associated with developing, soliciting,
awarding, monitoring, evaluating, and disseminating the
results of each demonstration project under this section.
``(3) Limitations.--
``(A) Duration.--No project may be funded under this
section for more than 5 years.
``(B) Performance basis.--Funds provided under this section
shall be made available to each Governor on an annual basis,
with the amount of funds provided for each year contingent on
the satisfactory implementation of the project plan and
progress towards the performance goals defined in the project
year plan.
``(C) Altering nutrition assistance program requirements.--
No project that makes use of, alters, or coordinates with the
supplemental nutrition assistance program may be funded under
this section unless the project is fully consistent with the
project requirements described in section 17(b)(1)(B) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)).
``(D) Other benefits.--Funds made available under this
section may not be used for any project in a manner that is
inconsistent with--
``(i) this Act;
``(ii) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
``(iii) the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.); or
``(iv) the Emergency Food Assistance Act of 1983 (7 U.S.C.
7501 et seq.).''.

SEC. 143. REVIEW OF LOCAL POLICIES ON MEAL CHARGES AND
PROVISION OF ALTERNATE MEALS.

(a) In General.--
(1) Review.--The Secretary, in conjunction with States and
participating local educational agencies, shall examine the
current policies and practices of States and local
educational agencies regarding extending credit to children
to pay the cost to the children of reimbursable school
lunches and breakfasts.
(2) Scope.--The examination under paragraph (1) shall
include the policies and practices in effect as of the date
of enactment of this Act relating to providing to children
who are without funds a meal other than the reimbursable
meals.
(3) Feasibility.--In carrying out the examination under
paragraph (1), the Secretary shall--
(A) prepare a report on the feasibility of establishing
national standards for meal charges and the provision of
alternate meals; and
(B) provide recommendations for implementing those
standards.
(b) Followup Actions.--
(1) In general.--Based on the findings and recommendations
under subsection (a), the Secretary may--
(A) implement standards described in paragraph (3) of that
subsection through regulation;
(B) test recommendations through demonstration projects; or
(C) study further the feasibility of recommendations.
(2) Factors for consideration.--In determining how best to
implement recommendations described in subsection (a)(3), the
Secretary shall consider such factors as--
(A) the impact of overt identification on children;
(B) the manner in which the affected households will be
provided with assistance in establishing eligibility for free
or reduced price school meals; and
(C) the potential financial impact on local educational
agencies.

TITLE II--REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS OF
CHILDREN

Subtitle A--National School Lunch Program

SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE INCREASES FOR
NEW MEAL PATTERNS.

Section 4(b) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1753(b)) is amended by adding at the end
the following:
``(3) Additional reimbursement.--
``(A) Regulations.--
``(i) Proposed regulations.--Notwithstanding section 9(f),
not later than 18 months after the date of enactment of this
paragraph, the Secretary shall promulgate proposed
regulations to update the meal patterns and nutrition
standards for the school lunch program authorized under this
Act and the school breakfast program established by section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773) based on
recommendations made by the Food and Nutrition Board of the
National Research Council of the National Academy of
Sciences.
``(ii) Interim or final regulations.--

``(I) In general.--Not later than 18 months after
promulgation of the proposed regulations under clause (i),
the Secretary shall promulgate interim or final regulations.
``(II) Date of required compliance.--The Secretary shall
establish in the interim or final regulations a date by which
all school food authorities participating in the school lunch
program authorized under this Act and the school breakfast
program established by section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773) are required to comply with the meal
pattern and nutrition standards established in the interim or
final regulations.

``(iii) Report to congress.--Not later than 90 days after
the date of enactment of this paragraph, and each 90 days
thereafter until the Secretary has promulgated interim or
final regulations under clause (ii), the Secretary shall
submit to the Committee on Education and Labor of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a quarterly report on
progress made toward promulgation of the regulations
described in this subparagraph.
``(B) Performance-based reimbursement rate increase.--
Beginning on the later of the date of promulgation of the
implementing regulations described in subparagraph (A)(ii),
the date of enactment of this paragraph, or October 1, 2012,
the Secretary shall provide additional reimbursement for each
lunch served in school food authorities determined to be
eligible under subparagraph (D).
``(C) Additional reimbursement.--
``(i) In general.--Each lunch served in school food
authorities determined to be eligible under subparagraph (D)
shall receive an additional 6 cents, adjusted in accordance
with section 11(a)(3), to the national lunch average payment
for each lunch served.
``(ii) Disbursement.--The State agency shall disburse funds
made available under this paragraph to school food
authorities eligible to receive additional reimbursement.
``(D) Eligible school food authority.--To be eligible to
receive an additional reimbursement described in this
paragraph, a

[[Page H7787]]

school food authority shall be certified by the State to be
in compliance with the interim or final regulations described
in subparagraph (A)(ii).
``(E) Failure to comply.--Beginning on the later of the
date described in subparagraph (A)(ii)(II), the date of
enactment of this paragraph, or October 1, 2012, school food
authorities found to be out of compliance with the meal
patterns or nutrition standards established by the
implementing regulations shall not receive the additional
reimbursement for each lunch served described in this
paragraph.
``(F) Administrative costs.--
``(i) In general.--Subject to clauses (ii) and (iii), the
Secretary shall make funds available to States for State
activities related to training, technical assistance,
certification, and oversight activities of this paragraph.
``(ii) Provision of funds.--The Secretary shall provide
funds described in clause (i) to States administering a
school lunch program in a manner proportional to the
administrative expense allocation of each State during the
preceding fiscal year.
``(iii) Funding.--

``(I) In general.--In the later of the fiscal year in which
the implementing regulations described in subparagraph
(A)(ii) are promulgated or the fiscal year in which this
paragraph is enacted, and in the subsequent fiscal year, the
Secretary shall use not more than $50,000,000 of funds made
available under section 3 to make payments to States
described in clause (i).
``(II) Reservation.--In providing funds to States under
clause (i), the Secretary may reserve not more than
$3,000,000 per fiscal year to support Federal administrative
activities to carry out this paragraph.''.

SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK.

Section 9(a)(2)(A) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended by
striking clause (i) and inserting the following:
``(i) shall offer students a variety of fluid milk. Such
milk shall be consistent with the most recent Dietary
Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of
1990 (7 U.S.C. 5341);''.

SEC. 203. WATER.

Section 9(a) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(a)) is amended by adding at the end
the following:
``(5) Water.--Schools participating in the school lunch
program under this Act shall make available to children free
of charge, as nutritionally appropriate, potable water for
consumption in the place where meals are served during meal
service.''.

SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTATION.

(a) In General.--The Richard B. Russell National School
Lunch Act is amended by inserting after section 9 (42 U.S.C.
1758) the following:

``SEC. 9A. LOCAL SCHOOL WELLNESS POLICY.

``(a) In General.--Each local educational agency
participating in a program authorized by this Act or the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall
establish a local school wellness policy for all schools
under the jurisdiction of the local educational agency.
``(b) Guidelines.--The Secretary shall promulgate
regulations that provide the framework and guidelines for
local educational agencies to establish local school wellness
policies, including, at a minimum,--
``(1) goals for nutrition promotion and education, physical
activity, and other school-based activities that promote
student wellness;
``(2) for all foods available on each school campus under
the jurisdiction of the local educational agency during the
school day, nutrition guidelines that--
``(A) are consistent with sections 9 and 17 of this Act,
and sections 4 and 10 of the Child Nutrition Act of 1966 (42
U.S.C. 1773, 1779); and
``(B) promote student health and reduce childhood obesity;
``(3) a requirement that the local educational agency
permit parents, students, representatives of the school food
authority, teachers of physical education, school health
professionals, the school board, school administrators, and
the general public to participate in the development,
implementation, and periodic review and update of the local
school wellness policy;
``(4) a requirement that the local educational agency
inform and update the public (including parents, students,
and others in the community) about the content and
implementation of the local school wellness policy; and
``(5) a requirement that the local educational agency--
``(A) periodically measure and make available to the public
an assessment on the implementation of the local school
wellness policy, including--
``(i) the extent to which schools under the jurisdiction of
the local educational agency are in compliance with the local
school wellness policy;
``(ii) the extent to which the local school wellness policy
of the local educational agency compares to model local
school wellness policies; and
``(iii) a description of the progress made in attaining the
goals of the local school wellness policy; and
``(B) designate 1 or more local educational agency
officials or school officials, as appropriate, to ensure that
each school complies with the local school wellness policy.
``(c) Local Discretion.--The local educational agency shall
use the guidelines promulgated by the Secretary under
subsection (b) to determine specific policies appropriate for
the schools under the jurisdiction of the local educational
agency.
``(d) Technical Assistance and Best Practices.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Education and the Secretary of Health and Human
Services, acting through the Centers for Disease Control and
Prevention, shall provide information and technical
assistance to local educational agencies, school food
authorities, and State educational agencies for use in
establishing healthy school environments that are intended to
promote student health and wellness.
``(2) Content.--The Secretary shall provide technical
assistance that--
``(A) includes resources and training on designing,
implementing, promoting, disseminating, and evaluating local
school wellness policies and overcoming barriers to the
adoption of local school wellness policies;
``(B) includes model local school wellness policies and
best practices recommended by Federal agencies, State
agencies, and nongovernmental organizations;
``(C) includes such other technical assistance as is
required to promote sound nutrition and establish healthy
school nutrition environments; and
``(D) is consistent with the specific needs and
requirements of local educational agencies.
``(3) Study and report.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary, in conjunction with the
Director of the Centers for Disease Control and Prevention,
shall prepare a report on the implementation, strength, and
effectiveness of the local school wellness policies carried
out in accordance with this section.
``(B) Study of local school wellness policies.--The study
described in subparagraph (A) shall include----
``(i) an analysis of the strength and weaknesses of local
school wellness policies and how the policies compare with
model local wellness policies recommended under paragraph
(2)(B); and
``(ii) an assessment of the impact of the local school
wellness policies in addressing the requirements of
subsection (b).
``(C) Report.--Not later than January 1, 2014, the
Secretary shall submit to the Committee on Education and
Labor of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes the findings of the study.
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this paragraph
$3,000,000 for fiscal year 2011, to remain available until
expended.''.
(b) Repeal.--Section 204 of the Child Nutrition and WIC
Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law
108-265) is repealed.

SEC. 205. EQUITY IN SCHOOL LUNCH PRICING.

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:
``(p) Price for a Paid Lunch.--
``(1) Definition of paid lunch.--In this subsection, the
term `paid lunch' means a reimbursable lunch served to
students who are not certified to receive free or reduced
price meals.
``(2) Requirement.--
``(A) In general.--For each school year beginning July 1,
2011, each school food authority shall establish a price for
paid lunches in accordance with this subsection.
``(B) Lower price.--
``(i) In general.--In the case of a school food authority
that established a price for a paid lunch in the previous
school year that was less than the difference between the
total Federal reimbursement for a free lunch and the total
Federal reimbursement for a paid lunch, the school food
authority shall establish an average price for a paid lunch
that is not less than the price charged in the previous
school year, as adjusted by a percentage equal to the sum
obtained by adding--

``(I) 2 percent; and
``(II) the percentage change in the Consumer Price Index
for All Urban Consumers (food away from home index) used to
increase the Federal reimbursement rate under section 11 for
the most recent school year for which data are available, as
published in the Federal Register.

``(ii) Rounding.--A school food authority may round the
adjusted price for a paid lunch under clause (i) down to the
nearest 5 cents.
``(iii) Maximum required price increase.--

``(I) In general.--The maximum annual average price
increase required to meet the requirements of this
subparagraph shall not exceed 10 cents for any school food
authority.
``(II) Discretionary increase.--A school food authority may
increase the average price for a paid lunch for a school year
by more than 10 cents.

``(C) Equal or greater price.--
``(i) In general.--In the case of a school food authority
that established an average price for a paid lunch in the
previous school year that was equal to or greater than the

[[Page H7788]]

difference between the total Federal reimbursement for a free
lunch and the total Federal reimbursement for a paid lunch,
the school food authority shall establish an average price
for a paid lunch that is not less than the difference between
the total Federal reimbursement for a free lunch and the
total Federal reimbursement for a paid lunch.
``(ii) Rounding.--A school food authority may round the
adjusted price for a paid lunch under clause (i) down to the
nearest 5 cents.
``(3) Exceptions.--
``(A) Reduction in price.--A school food authority may
reduce the average price of a paid lunch established under
this subsection if the State agency ensures that funding from
non-Federal sources (other than in-kind contributions) is
added to the nonprofit school food service account of the
school food authority in an amount estimated to be equal to
at least the difference between--
``(i) the average price required of the school food
authority for the paid lunches under paragraph (2); and
``(ii) the average price charged by the school food
authority for the paid lunches.
``(B) Non-federal sources.--For the purposes of
subparagraph (A), non-Federal sources does not include
revenue from the sale of foods sold in competition with meals
served under the school lunch program authorized under this
Act or the school breakfast program established by section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
``(C) Other programs.--This subsection shall not apply to
lunches provided under section 17 of this Act.
``(4) Regulations.--The Secretary shall establish
procedures to carry out this subsection, including collecting
and publishing the prices that school food authorities charge
for paid meals on an annual basis and procedures that allow
school food authorities to average the pricing of paid
lunches at schools throughout the jurisdiction of the school
food authority.''.

SEC. 206. REVENUE FROM NONPROGRAM FOODS SOLD IN SCHOOLS.

Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) (as amended by section 205) is amended
by adding at the end the following:
``(q) Nonprogram Food Sales.--
``(1) Definition of nonprogram food.--In this subsection:
``(A) In general.--The term `nonprogram food' means food
that is--
``(i) sold in a participating school other than a
reimbursable meal provided under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
``(ii) purchased using funds from the nonprofit school food
service account of the school food authority of the school.
``(B) Inclusion.--The term `nonprogram food' includes food
that is sold in competition with a program established under
this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
``(2) Revenues.--
``(A) In general.--The proportion of total school food
service revenue provided by the sale of nonprogram foods to
the total revenue of the school food service account shall be
equal to or greater than the proportion of total food costs
associated with obtaining nonprogram foods to the total costs
associated with obtaining program and nonprogram foods from
the account.
``(B) Accrual.--All revenue from the sale of nonprogram
foods shall accrue to the nonprofit school food service
account of a participating school food authority.
``(C) Effective date.--This subsection shall be effective
beginning on July 1, 2011.''.

SEC. 207. REPORTING AND NOTIFICATION OF SCHOOL PERFORMANCE.

Section 22 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769c) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Unified Accountability System.--
``(1) In general.--There shall be a unified system
prescribed and administered by the Secretary to ensure that
local food service authorities participating in the school
lunch program established under this Act and the school
breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) comply with those
Acts, including compliance with--
``(A) the nutritional requirements of section 9(f) of this
Act for school lunches; and
``(B) as applicable, the nutritional requirements for
school breakfasts under section 4(e)(1) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).''; and
(2) in subsection (b)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) require that local food service authorities comply
with the nutritional requirements described in subparagraphs
(A) and (B) of paragraph (1);
``(B) to the maximum extent practicable, ensure compliance
through reasonable audits and supervisory assistance reviews;
``(C) in conducting audits and reviews for the purpose of
determining compliance with this Act, including the
nutritional requirements of section 9(f)--
``(i) conduct audits and reviews during a 3-year cycle or
other period prescribed by the Secretary;
``(ii) select schools for review in each local educational
agency using criteria established by the Secretary;
``(iii) report the final results of the reviews to the
public in the State in an accessible, easily understood
manner in accordance with guidelines promulgated by the
Secretary; and
``(iv) submit to the Secretary each year a report
containing the results of the reviews in accordance with
procedures developed by the Secretary; and
``(D) when any local food service authority is reviewed
under this section, ensure that the final results of the
review by the State educational agency are posted and
otherwise made available to the public on request in an
accessible, easily understood manner in accordance with
guidelines promulgated by the Secretary.''.

SEC. 208. NUTRITION STANDARDS FOR ALL FOODS SOLD IN SCHOOL.

Section 10 of the Child Nutrition Act of 1966 (42 U.S.C.
1779) is amended--
(1) by striking the section heading and all that follows
through ``(a) The Secretary'' and inserting the following:

``SEC. 10. REGULATIONS.

``(a) In General.--The Secretary''; and
(2) by striking subsection (b) and inserting the following:
``(b) National School Nutrition Standards.--
``(1) Proposed regulations.--
``(A) In general.--The Secretary shall--
``(i) establish science-based nutrition standards for foods
sold in schools other than foods provided under this Act and
the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.); and
``(ii) not later than 1 year after the date of enactment of
this paragraph, promulgate proposed regulations to carry out
clause (i).
``(B) Application.--The nutrition standards shall apply to
all foods sold--
``(i) outside the school meal programs;
``(ii) on the school campus; and
``(iii) at any time during the school day.
``(C) Requirements.--In establishing nutrition standards
under this paragraph, the Secretary shall--
``(i) establish standards that are consistent with the most
recent Dietary Guidelines for Americans published under
section 301 of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341), including the food
groups to encourage and nutrients of concern identified in
the Dietary Guidelines; and
``(ii) consider--

``(I) authoritative scientific recommendations for
nutrition standards;
``(II) existing school nutrition standards, including
voluntary standards for beverages and snack foods and State
and local standards;
``(III) the practical application of the nutrition
standards; and
``(IV) special exemptions for school-sponsored fundraisers
(other than fundraising through vending machines, school
stores, snack bars, a la carte sales, and any other
exclusions determined by the Secretary), if the fundraisers
are approved by the school and are infrequent within the
school.

``(D) Updating standards.--As soon as practicable after the
date of publication by the Department of Agriculture and the
Department of Health and Human Services of a new edition of
the Dietary Guidelines for Americans under section 301 of the
National Nutrition Monitoring and Related Research Act of
1990 (7 U.S.C. 5341), the Secretary shall review and update
as necessary the school nutrition standards and requirements
established under this subsection.
``(2) Implementation.--
``(A) Effective date.--The interim or final regulations
under this subsection shall take effect at the beginning of
the school year that is not earlier than 1 year and not later
than 2 years following the date on which the regulations are
finalized.
``(B) Reporting.--The Secretary shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Education and Labor of the House
of Representatives a quarterly report that describes progress
made toward promulgating final regulations under this
subsection.''.

SEC. 209. INFORMATION FOR THE PUBLIC ON THE SCHOOL NUTRITION
ENVIRONMENT.

Section 9 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758) is amended by adding at the end the
following:
``(k) Information on the School Nutrition Environment.--
``(1) In general.--The Secretary shall--
``(A) establish requirements for local educational agencies
participating in the school lunch program under this Act and
the school breakfast program established by section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773) to report
information about the school nutrition environment, for all
schools under the jurisdiction of the local educational
agencies, to the Secretary and to the public in the State on
a periodic basis; and
``(B) provide training and technical assistance to States
and local educational agencies on the assessment and
reporting of the school nutrition environment, including the
use of any assessment materials developed by the Secretary.
``(2) Requirements.--In establishing the requirements for
reporting on the school nutrition environment under paragraph
(1), the Secretary shall--
``(A) include information pertaining to food safety
inspections, local wellness policies, meal program
participation, the nutritional quality of program meals, and
other

[[Page H7789]]

information as determined by the Secretary; and
``(B) ensure that information is made available to the
public by local educational agencies in an accessible, easily
understood manner in accordance with guidelines established
by the Secretary.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as are necessary for each of fiscal years 2011
through 2015.''.

SEC. 210. ORGANIC FOOD PILOT 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:
``(j) Organic Food Pilot Program.--
``(1) Establishment.--The Secretary shall establish an
organic food pilot program (referred to in this subsection as
the `pilot program') under which the Secretary shall provide
grants on a competitive basis to school food authorities
selected under paragraph (3).
``(2) Use of funds.--
``(A) In general.--The Secretary shall use funds provided
under this section--
``(i) to enter into competitively awarded contracts or
cooperative agreements with school food authorities selected
under paragraph (3); or
``(ii) to make grants to school food authority applicants
selected under paragraph (3).
``(B) School food authority uses of funds.--A school food
authority that receives a grant under this section shall use
the grant funds to establish a pilot program that increases
the quantity of organic foods provided to schoolchildren
under the school lunch program established under this Act.
``(3) Application.--
``(A) In general.--A school food authority seeking a
contract, grant, or cooperative agreement under this
subsection shall submit to the Secretary an application in
such form, containing such information, and at such time as
the Secretary shall prescribe.
``(B) Criteria.--In selecting contract, grant, or
cooperative agreement recipients, the Secretary shall
consider--
``(i) the poverty line (as defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2),
including any revision required by that section)) applicable
to a family of the size involved of the households in the
district served by the school food authority, giving
preference to school food authority applicants in which not
less than 50 percent of the households in the district are at
or below the Federal poverty line;
``(ii) the commitment of each school food authority
applicant--

``(I) to improve the nutritional value of school meals;
``(II) to carry out innovative programs that improve the
health and wellness of schoolchildren; and
``(III) to evaluate the outcome of the pilot program; and

``(iii) any other criteria the Secretary determines to be
appropriate.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$10,000,000 for fiscal years 2011 through 2015.''.

Subtitle B--Child and Adult Care Food Program

SEC. 221. NUTRITION AND WELLNESS GOALS FOR MEALS SERVED
THROUGH THE CHILD AND ADULT CARE FOOD PROGRAM.

Section 17 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766) is amended--
(1) in subsection (a), by striking ``(a) Grant Authority''
and all that follows through the end of paragraph (1) and
inserting the following:
``(a) Program Purpose, Grant Authority and Institution
Eligibility.--
``(1) In general.--
``(A) Program purpose.--
``(i) Findings.--Congress finds that--

``(I) eating habits and other wellness-related behavior
habits are established early in life; and
``(II) good nutrition and wellness are important
contributors to the overall health of young children and
essential to cognitive development.

``(ii) Purpose.--The purpose of the program authorized by
this section is to provide aid to child and adult care
institutions and family or group day care homes for the
provision of nutritious foods that contribute to the
wellness, healthy growth, and development of young children,
and the health and wellness of older adults and chronically
impaired disabled persons.
``(B) Grant authority.--The Secretary may carry out a
program to assist States through grants-in-aid and other
means to initiate and maintain nonprofit food service
programs for children in institutions providing child
care.'';
(2) by striking subsection (g) and inserting the following:
``(g) Nutritional Requirements for Meals and Snacks Served
in Institutions and Family or Group Day Care Homes.--
``(1) Definition of dietary guidelines.--In this
subsection, the term `Dietary Guidelines' means the Dietary
Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of
1990 (7 U.S.C. 5341).
``(2) Nutritional requirements.--
``(A) In general.--Except as provided in subparagraph (C),
reimbursable meals and snacks served by institutions, family
or group day care homes, and sponsored centers participating
in the program under this section shall consist of a
combination of foods that meet minimum nutritional
requirements prescribed by the Secretary on the basis of
tested nutritional research.
``(B) Conformity with the dietary guidelines and
authoritative science.--
``(i) In general.--Not less frequently than once every 10
years, the Secretary shall review and, as appropriate, update
requirements for meals served under the program under this
section to ensure that the meals--

``(I) are consistent with the goals of the most recent
Dietary Guidelines; and
``(II) promote the health of the population served by the
program authorized under this section, as indicated by the
most recent relevant nutrition science and appropriate
authoritative scientific agency and organization
recommendations.

``(ii) Cost review.--The review required under clause (i)
shall include a review of the cost to child care centers and
group or family day care homes resulting from updated
requirements for meals and snacks served under the program
under this section.
``(iii) Regulations.--Not later than 18 months after the
completion of the review of the meal pattern under clause
(i), the Secretary shall promulgate proposed regulations to
update the meal patterns for meals and snacks served under
the program under this section.
``(C) Exceptions.--
``(i) Special dietary needs.--The minimum nutritional
requirements prescribed under subparagraph (A) shall not
prohibit institutions, family or group day care homes, and
sponsored centers from substituting foods to accommodate the
medical or other special dietary needs of individual
participants.
``(ii) Exempt institutions.--The Secretary may elect to
waive all or part of the requirements of this subsection for
emergency shelters participating in the program under this
section.
``(3) Meal service.--Institutions, family or group day care
homes, and sponsored centers shall ensure that reimbursable
meal service contributes to the development and socialization
of enrolled children by providing that food is not used as a
punishment or reward.
``(4) Fluid milk.--
``(A) In general.--If an institution, family or group day
care home, or sponsored center provides fluid milk as part of
a reimbursable meal or supplement, the institution, family or
group day care home, or sponsored center shall provide the
milk in accordance with the most recent version of the
Dietary Guidelines.
``(B) Milk substitutes.--In the case of children who cannot
consume fluid milk due to medical or other special dietary
needs other than a disability, an institution, family or
group day care home, or sponsored center may substitute for
the fluid milk required in meals served, a nondairy beverage
that--
``(i) is nutritionally equivalent to fluid milk; and
``(ii) meets nutritional standards established by the
Secretary, including, among other requirements established by
the Secretary, fortification of calcium, protein, vitamin A,
and vitamin D to levels found in cow's milk.
``(C) Approval.--
``(i) In general.--A substitution authorized under
subparagraph (B) may be made--

``(I) at the discretion of and on approval by the
participating day care institution; and
``(II) if the substitution is requested by written
statement of a medical authority, or by the parent or legal
guardian of the child, that identifies the medical or other
special dietary need that restricts the diet of the child.

``(ii) Exception.--An institution, family or group day care
home, or sponsored center that elects to make a substitution
authorized under this paragraph shall not be required to
provide beverages other than beverages the State has
identified as acceptable substitutes.
``(D) Excess expenses borne by institution.--A
participating institution, family or group day care home, or
sponsored center shall be responsible for any expenses that--
``(i) are incurred by the institution, family or group day
care home, or sponsored center to provide substitutions under
this paragraph; and
``(ii) are in excess of expenses covered under
reimbursements under this Act.
``(5) Nondiscrimination policy.--No physical segregation or
other discrimination against any person shall be made because
of the inability of the person to pay, nor shall there be any
overt identification of any such person by special tokens or
tickets, different meals or meal service, announced or
published lists of names, or other means.
``(6) Use of abundant and donated foods.--To the maximum
extent practicable, each institution shall use in its food
service foods that are--
``(A) designated from time to time by the Secretary as
being in abundance, either nationally or in the food service
area; or
``(B) donated by the Secretary.'';
(3) by adding at the end the following:
``(u) Promoting Health and Wellness in Child Care.--
``(1) Physical activity and electronic media use.--The
Secretary shall encourage participating child care centers
and family or group day care homes--

[[Page H7790]]

``(A) to provide to all children under the supervision of
the participating child care centers and family or group day
care homes daily opportunities for structured and
unstructured age-appropriate physical activity; and
``(B) to limit among children under the supervision of the
participating child care centers and family or group day care
homes the use of electronic media to an appropriate level.
``(2) Water consumption.--Participating child care centers
and family or group day care homes shall make available to
children, as nutritionally appropriate, potable water as an
acceptable fluid for consumption throughout the day,
including at meal times.
``(3) Technical assistance and guidance.--
``(A) In general.--The Secretary shall provide technical
assistance to institutions participating in the program under
this section to assist participating child care centers and
family or group day care homes in complying with the
nutritional requirements and wellness recommendations
prescribed by the Secretary in accordance with this
subsection and subsection (g).
``(B) Guidance.--Not later than January 1, 2012, the
Secretary shall issue guidance to States and institutions to
encourage participating child care centers and family or
group day care homes serving meals and snacks under this
section to--
``(i) include foods that are recommended for increased
serving consumption in amounts recommended by the most recent
Dietary Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341), including fresh, canned, dried, or
frozen fruits and vegetables, whole grain products, lean meat
products, and low-fat and non-fat dairy products; and
``(ii) reduce sedentary activities and provide
opportunities for regular physical activity in quantities
recommended by the most recent Dietary Guidelines for
Americans described in clause (i).
``(C) Nutrition.--Technical assistance relating to the
nutritional requirements of this subsection and subsection
(g) shall include--
``(i) nutrition education, including education that
emphasizes the relationship between nutrition, physical
activity, and health;
``(ii) menu planning;
``(iii) interpretation of nutrition labels; and
``(iv) food preparation and purchasing guidance to produce
meals and snacks that are--

``(I) consistent with the goals of the most recent Dietary
Guidelines; and
``(II) promote the health of the population served by the
program under this section, as recommended by authoritative
scientific organizations.

``(D) Physical activity.--Technical assistance relating to
the physical activity requirements of this subsection shall
include--
``(i) education on the importance of regular physical
activity to overall health and well being; and
``(ii) sharing of best practices for physical activity
plans in child care centers and homes as recommended by
authoritative scientific organizations.
``(E) Electronic media use.--Technical assistance relating
to the electronic media use requirements of this subsection
shall include--
``(i) education on the benefits of limiting exposure to
electronic media by children; and
``(ii) sharing of best practices for the development of
daily activity plans that limit use of electronic media.
``(F) Minimum assistance.--At a minimum, the technical
assistance required under this paragraph shall include a
handbook, developed by the Secretary in coordination with the
Secretary for Health and Human Services, that includes
recommendations, guidelines, and best practices for
participating institutions and family or group day care homes
that are consistent with the nutrition, physical activity,
and wellness requirements and recommendations of this
subsection.
``(G) Additional assistance.--In addition to the
requirements of this paragraph, the Secretary shall develop
and provide such appropriate training and education
materials, guidance, and technical assistance as the
Secretary considers to be necessary to comply with the
nutritional and wellness requirements of this subsection and
subsection (g).
``(H) Funding.--
``(i) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to provide technical
assistance under this subsection $10,000,000, to remain
available until expended.
``(ii) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subsection the funds transferred under clause (i),
without further appropriation.''.

SEC. 222. INTERAGENCY COORDINATION TO PROMOTE HEALTH AND
WELLNESS IN CHILD CARE LICENSING.

The Secretary shall coordinate with the Secretary of Health
and Human Services to encourage State licensing agencies to
include nutrition and wellness standards within State
licensing standards that ensure, to the maximum extent
practicable, that licensed child care centers and family or
group day care homes--
(1) provide to all children under the supervision of the
child care centers and family or group day care homes daily
opportunities for age-appropriate physical activity;
(2) limit among children under the supervision of the child
care centers and family or group day care homes the use of
electronic media and the quantity of time spent in sedentary
activity to an appropriate level;
(3) serve meals and snacks that are consistent with the
requirements of the child and adult care food program
established under section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766); and
(4) promote such other nutrition and wellness goals as the
Secretaries determine to be necessary.

SEC. 223. STUDY ON NUTRITION AND WELLNESS QUALITY OF CHILD
CARE SETTINGS.

(a) In General.--Not less than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Health and Human Services, shall enter into
a contract for the conduct of a nationally representative
study of child care centers and family or group day care
homes that includes an assessment of--
(1) the nutritional quality of all foods provided to
children in child care settings as compared to the
recommendations in most recent Dietary Guidelines for
Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341);
(2) the quantity and type of opportunities for physical
activity provided to children in child care settings;
(3) the quantity of time spent by children in child care
settings in sedentary activities;
(4) an assessment of barriers and facilitators to--
(A) providing foods to children in child care settings that
meet the recommendations of the most recent Dietary
Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of
1990 (7 U.S.C. 5341);
(B) providing the appropriate quantity and type of
opportunities of physical activity for children in child care
settings; and
(C) participation by child care centers and family or group
day care homes in the child and adult care food program
established under section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766); and
(5) such other assessment measures as the Secretary may
determine to be necessary.
(b) Report to Congress.--The Secretary shall submit to
Congress a report that includes a detailed description of the
results of the study conducted under subsection (a).
(c) Funding.--
(1) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $5,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1),
without further appropriation.

Subtitle C--Special Supplemental Nutrition Program for Women, Infants,
and Children

SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PROGRAM.

Section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786) is amended--
(1) in subsection (a), in the second sentence, by striking
``supplemental foods and nutrition education through any
eligible local agency'' and inserting ``supplemental foods
and nutrition education, including breastfeeding promotion
and support, through any eligible local agency'';
(2) in subsection (b)(4), by inserting ``breastfeeding
support and promotion,'' after ``nutrition education,'';
(3) in subsection (c)(1), in the first sentence, by
striking ``supplemental foods and nutrition education to''
and inserting ``supplemental foods, nutrition education, and
breastfeeding support and promotion to'';
(4) in subsection (e)(2), in the second sentence, by
inserting ``, including breastfeeding support and
education,'' after ``nutrition education'';
(5) in subsection (f)(6)(B), in the first sentence, by
inserting ``and breastfeeding'' after ``nutrition
education'';
(6) in subsection (h)--
(A) in paragraph (4)--
(i) by striking ``(4) The Secretary'' and all that follows
through ``(A) in consultation'' and inserting the following:
``(4) Requirements.--
``(A) In general.--The Secretary shall--
``(i) in consultation'';
(ii) by redesignating subparagraphs (B) through (F) as
clauses (ii) through (vi), respectively, and indenting
appropriately;
(iii) in clause (v) (as so redesignated), by striking
``and'' at the end;
(iv) in clause (vi) (as so redesignated), by striking
``2010 initiative.'' and inserting ``initiative; and''; and
(v) by adding at the end the following:
``(vii) annually compile and publish breastfeeding
performance measurements based on program participant data on
the number of partially and fully breast-fed infants,
including breastfeeding performance measurements for--

``(I) each State agency; and
``(II) each local agency;

[[Page H7791]]

``(viii) in accordance with subparagraph (B), implement a
program to recognize exemplary breastfeeding support
practices at local agencies or clinics participating in the
special supplemental nutrition program established under this
section; and
``(ix) in accordance with subparagraph (C), implement a
program to provide performance bonuses to State agencies.
``(B) Exemplary breastfeeding support practices.--
``(i) In general.--In evaluating exemplary practices under
subparagraph (A)(viii), the Secretary shall consider--

``(I) performance measurements of breastfeeding;
``(II) the effectiveness of a peer counselor program;
``(III) the extent to which the agency or clinic has
partnered with other entities to build a supportive
breastfeeding environment for women participating in the
program; and
``(IV) such other criteria as the Secretary considers
appropriate after consultation with State and local program
agencies.

``(ii) Authorization of appropriations.--There is
authorized to be appropriated to carry out the activities
described in clause (viii) of subparagraph (A) such sums as
are necessary.
``(C) Performance bonuses.--
``(i) In general.--Following the publication of
breastfeeding performance measurements under subparagraph
(A)(vii), the Secretary shall provide performance bonus
payments to not more than 15 State agencies that demonstrate,
as compared to other State agencies participating in the
program--

``(I) the highest proportion of breast-fed infants; or
``(II) the greatest improvement in proportion of breast-fed
infants.

``(ii) Consideration.--In providing performance bonus
payments to State agencies under this subparagraph, the
Secretary shall consider the proportion of fully breast-fed
infants in the States.
``(iii) Use of funds.--A State agency that receives a
performance bonus under clause (i)--

``(I) shall treat the funds as program income; and
``(II) may transfer the funds to local agencies for use in
carrying out the program.

``(iv) Implementation.--The Secretary shall provide the
first performance bonuses not later than 1 year after the
date of enactment of this clause and may subsequently revise
the criteria for awarding performance bonuses; and''; and
(B) by striking paragraph (10) and inserting the following:
``(10) Funds for infrastructure, management information
systems, and special nutrition education.--
``(A) In general.--For each of fiscal years 2010 through
2015, the Secretary shall use for the purposes specified in
subparagraph (B) $139,000,000 (as adjusted annually for
inflation by the same factor used to determine the national
average per participant grant for nutrition services and
administration for the fiscal year under paragraph (1)(B)).
``(B) Purposes.--Subject to subparagraph (C), of the amount
made available under subparagraph (A) for a fiscal year--
``(i) $14,000,000 shall be used for--

``(I) infrastructure for the program under this section;
``(II) special projects to promote breastfeeding, including
projects to assess the effectiveness of particular
breastfeeding promotion strategies; and
``(III) special State projects of regional or national
significance to improve the services of the program;

``(ii) $35,000,000 shall be used to establish, improve, or
administer management information systems for the program,
including changes necessary to meet new legislative or
regulatory requirements of the program, of which up to
$5,000,000 may be used for Federal administrative costs; and
``(iii) $90,000,000 shall be used for special nutrition
education (such as breastfeeding peer counselors and other
related activities), of which not more than $10,000,000 of
any funding provided in excess of $50,000,000 shall be used
to make performance bonus payments under paragraph (4)(C).
``(C) Adjustment.--Each of the amounts referred to in
clauses (i), (ii), and (iii) of subparagraph (B) shall be
adjusted annually for inflation by the same factor used to
determine the national average per participant grant for
nutrition services and administration for the fiscal year
under paragraph (1)(B).
``(D) Proportional distribution.--The Secretary shall
distribute funds made available under subparagraph (A) in
accordance with the proportional distribution described in
subparagraphs (B) and (C).''; and
(7) in subsection (j), by striking ``supplemental foods and
nutrition education'' each place it appears in paragraphs (1)
and (2) and inserting ``supplemental foods, nutrition
education, and breastfeeding support and promotion''.

SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS.

Section 17(f)(11)(D) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(f)(11)(D)) is amended in the matter preceding
clause (i) by inserting ``but not less than every 10 years,''
after ``scientific knowledge,''.

Subtitle D--Miscellaneous

SEC. 241. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT
PROGRAM.

(a) In General.--The Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) is amended by adding at the end the
following:

``SEC. 28. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT
PROGRAM.

``(a) Definition of Eligible Individual.--In this section,
the term `eligible individual' means an individual who is
eligible to receive benefits under a nutrition education and
obesity prevention program under this section as a result of
being--
``(1) an individual eligible for benefits under--
``(A) this Act;
``(B) sections 9(b)(1)(A) and 17(c)(4) of the Richard B
Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A),
1766(c)(4)); or
``(C) section 4(e)(1)(A) of the Child Nutrition Act of 1966
(42 U.S.C. 1773(e)(1)(A));
``(2) an individual who resides in a community with a
significant low-income population, as determined by the
Secretary; or
``(3) such other low-income individual as is determined to
be eligible by the Secretary.
``(b) Programs.--Consistent with the terms and conditions
of grants awarded under this section, State agencies may
implement a nutrition education and obesity prevention
program for eligible individuals that promotes healthy food
choices consistent with the most recent Dietary Guidelines
for Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341).
``(c) Delivery of Nutrition Education and Obesity
Prevention Services.--
``(1) In general.--State agencies may deliver nutrition
education and obesity prevention services under a program
described in subsection (b)--
``(A) directly to eligible individuals; or
``(B) through agreements with other State or local agencies
or community organizations.
``(2) Nutrition education state plans.--
``(A) In general.--A State agency that elects to provide
nutrition education and obesity prevention services under
this subsection shall submit to the Secretary for approval a
nutrition education State plan.
``(B) Requirements.--Except as provided in subparagraph
(C), a nutrition education State plan shall--
``(i) identify the uses of the funding for local projects;
``(ii) ensure that the interventions are appropriate for
eligible individuals who are members of low-income
populations by recognizing the constrained resources, and the
potential eligibility for Federal food assistance programs,
of members of those populations; and
``(iii) conform to standards established by the Secretary
through regulations, guidance, or grant award documents.
``(C) Transition period.--During each of fiscal years 2011
and 2012, a nutrition education State plan under this section
shall be consistent with the requirements of section 11(f)
(as that section, other than paragraph (3)(C), existed on the
day before the date of enactment of this section).
``(3) Use of funds.--
``(A) In general.--A State agency may use funds provided
under this section for any evidence-based allowable use of
funds identified by the Administrator of the Food and
Nutrition Service of the Department of Agriculture in
consultation with the Director of the Centers for Disease
Control and Prevention of the Department of Health and Human
Services, including--
``(i) individual and group-based nutrition education,
health promotion, and intervention strategies;
``(ii) comprehensive, multilevel interventions at multiple
complementary organizational and institutional levels; and
``(iii) community and public health approaches to improve
nutrition.
``(B) Consultation.--In identifying allowable uses of funds
under subparagraph (A) and in seeking to strengthen delivery,
oversight, and evaluation of nutrition education, the
Administrator of the Food and Nutrition Service shall consult
with the Director of the Centers for Disease Control and
Prevention and outside stakeholders and experts, including--
``(i) representatives of the academic and research
communities;
``(ii) nutrition education practitioners;
``(iii) representatives of State and local governments; and
``(iv) community organizations that serve low-income
populations.
``(4) Notification.--To the maximum extent practicable,
State agencies shall notify applicants, participants, and
eligible individuals under this Act of the availability of
nutrition education and obesity prevention services under
this section in local communities.
``(5) Coordination.--Subject to the approval of the
Secretary, projects carried out with funds received under
this section may be coordinated with other health promotion
or nutrition improvement strategies, whether public or
privately funded, if the projects carried out with funds
received under this section remain under the administrative
control of the State agency.
``(d) Funding.--
``(1) In general.--Of funds made available each fiscal year
under section 18(a)(1), the Secretary shall reserve for
allocation to State agencies to carry out the nutrition
education and obesity prevention grant program under this
section, to remain available for obligation for a period of 2
fiscal years--
``(A) for fiscal year 2011, $375,000,000; and

[[Page H7792]]

``(B) for fiscal year 2012 and each subsequent fiscal year,
the applicable amount during the preceding fiscal year, as
adjusted to reflect any increases for the 12-month period
ending the preceding June 30 in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
``(2) Allocation.--
``(A) Initial allocation.--Of the funds set aside under
paragraph (1), as determined by the Secretary--
``(i) for each of fiscal years 2011 through 2013, 100
percent shall be allocated to State agencies in direct
proportion to the amount of funding that the State received
for carrying out section 11(f) (as that section existed on
the day before the date of enactment of this section) during
fiscal year 2009, as reported to the Secretary as of February
2010; and
``(ii) subject to a reallocation under subparagraph (B)--

``(I) for fiscal year 2014--

``(aa) 90 percent shall be allocated to State agencies in
accordance with clause (i); and
``(bb) 10 percent shall be allocated to State agencies
based on the respective share of each State of the number of
individuals participating in the supplemental nutrition
assistance program during the 12-month period ending the
preceding January 31;

``(II) for fiscal year 2015--

``(aa) 80 percent shall be allocated to State agencies in
accordance with clause (i); and
``(bb) 20 percent shall be allocated in accordance with
subclause (I)(bb);

``(III) for fiscal year 2016--

``(aa) 70 percent shall be allocated to State agencies in
accordance with clause (i); and
``(bb) 30 percent shall be allocated in accordance with
subclause (I)(bb);

``(IV) for fiscal year 2017--

``(aa) 60 percent shall be allocated to State agencies in
accordance with clause (i); and
``(bb) 40 percent shall be allocated in accordance with
subclause (I)(bb); and

``(V) for fiscal year 2018 and each fiscal year
thereafter--

``(aa) 50 percent shall be allocated to State agencies in
accordance with clause (i); and
``(bb) 50 percent shall be allocated in accordance with
subclause (I)(bb).
``(B) Reallocation.--
``(i) In general.--If the Secretary determines that a State
agency will not expend all of the funds allocated to the
State agency for a fiscal year under paragraph (1) or in the
case of a State agency that elects not to receive the entire
amount of funds allocated to the State agency for a fiscal
year, the Secretary shall reallocate the unexpended funds to
other States during the fiscal year or the subsequent fiscal
year (as determined by the Secretary) that have approved
State plans under which the State agencies may expend the
reallocated funds.
``(ii) Effect of additional funds.--

``(I) Funds received.--Any reallocated funds received by a
State agency under clause (i) for a fiscal year shall be
considered to be part of the fiscal year 2009 base allocation
of funds to the State agency for that fiscal year for
purposes of determining allocation under subparagraph (A) for
the subsequent fiscal year.
``(II) Funds surrendered.--Any funds surrendered by a State
agency under clause (i) shall not be considered to be part of
the fiscal year 2009 base allocation of funds to a State
agency for that fiscal year for purposes of determining
allocation under subparagraph (A) for the subsequent fiscal
year.

``(3) Limitation on federal financial participation.--
``(A) In general.--Grants awarded under this section shall
be the only source of Federal financial participation under
this Act in nutrition education and obesity prevention.
``(B) Exclusion.--Any costs of nutrition education and
obesity prevention in excess of the grants authorized under
this section shall not be eligible for reimbursement under
section 16(a).
``(e) Implementation.--Not later than January 1, 2012, the
Secretary shall publish in the Federal Register a description
of the requirements for the receipt of a grant under this
section.''.
(b) Conforming Amendments.--
(1) Section 4(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(a)) is amended in the first sentence by striking
``and, through an approved State plan, nutrition education''.
(2) Section 11 of the Food and Nutrition Act of 2008 (7
U.S.C. 2020) is amended by striking subsection (f).

SEC. 242. PROCUREMENT AND PROCESSING OF FOOD SERVICE PRODUCTS
AND COMMODITIES.

Section 9(a)(4) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(a)(4)) is amended by adding at the
end the following:
``(C) Procurement and processing of food service products
and commodities.--The Secretary shall--
``(i) identify, develop, and disseminate to State
departments of agriculture and education, school food
authorities, local educational agencies, and local processing
entities, model product specifications and practices for
foods offered in school nutrition programs under this Act and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to
ensure that the foods reflect the most recent Dietary
Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of
1990 (7 U.S.C. 5341);
``(ii) not later than 1 year after the date of enactment of
this subparagraph--

``(I) carry out a study to analyze the quantity and quality
of nutritional information available to school food
authorities about food service products and commodities; and
``(II) submit to Congress a report on the results of the
study that contains such legislative recommendations as the
Secretary considers necessary to ensure that school food
authorities have access to the nutritional information needed
for menu planning and compliance assessments; and

``(iii) to the maximum extent practicable, in purchasing
and processing commodities for use in school nutrition
programs under this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), purchase the widest variety of
healthful foods that reflect the most recent Dietary
Guidelines for Americans.''.

SEC. 243. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.

Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) is amended--
(1) by redesignating subsections (h) and (i) and subsection
(j) (as added by section 210) as subsections (i) through (k),
respectively;
(2) in subsection (g), by striking ``(g) Access to Local
Foods and School Gardens.--'' and all that follows through
``(3) Pilot program for high-poverty schools.--'' and
inserting the following:
``(g) Access to Local Foods: Farm to School Program.--
``(1) Definition of eligible school.--In this subsection,
the term `eligible school' means a school or institution that
participates in a program under this Act or the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
``(2) Program.--The Secretary shall carry out a program to
assist eligible schools, State and local agencies, Indian
tribal organizations, agricultural producers or groups of
agricultural producers, and nonprofit entities through grants
and technical assistance to implement farm to school programs
that improve access to local foods in eligible schools.
``(3) Grants.--
``(A) In general.--The Secretary shall award competitive
grants under this subsection to be used for--
``(i) training;
``(ii) supporting operations;
``(iii) planning;
``(iv) purchasing equipment;
``(v) developing school gardens;
``(vi) developing partnerships; and
``(vii) implementing farm to school programs.
``(B) Regional balance.--In making awards under this
subsection, the Secretary shall, to the maximum extent
practicable, ensure--
``(i) geographical diversity; and
``(ii) equitable treatment of urban, rural, and tribal
communities.
``(C) Maximum amount.--The total amount provided to a grant
recipient under this subsection shall not exceed $100,000.
``(4) Federal share.--
``(A) In general.--The Federal share of costs for a project
funded through a grant awarded under this subsection shall
not exceed 75 percent of the total cost of the project.
``(B) Federal matching.--As a condition of receiving a
grant under this subsection, a grant recipient shall provide
matching support in the form of cash or in-kind
contributions, including facilities, equipment, or services
provided by State and local governments, nonprofit
organizations, and private sources.
``(5) Criteria for selection.--To the maximum extent
practicable, in providing assistance under this subsection,
the Secretary shall give the highest priority to funding
projects that, as determined by the Secretary--
``(A) make local food products available on the menu of the
eligible school;
``(B) serve a high proportion of children who are eligible
for free or reduced price lunches;
``(C) incorporate experiential nutrition education
activities in curriculum planning that encourage the
participation of school children in farm and garden-based
agricultural education activities;
``(D) demonstrate collaboration between eligible schools,
nongovernmental and community-based organizations,
agricultural producer groups, and other community partners;
``(E) include adequate and participatory evaluation plans;
``(F) demonstrate the potential for long-term program
sustainability; and
``(G) meet any other criteria that the Secretary determines
appropriate.
``(6) Evaluation.--As a condition of receiving a grant
under this subsection, each grant recipient shall agree to
cooperate in an evaluation by the Secretary of the program
carried out using grant funds.
``(7) Technical assistance.--The Secretary shall provide
technical assistance and information to assist eligible
schools, State and local agencies, Indian tribal
organizations, and nonprofit entities--
``(A) to facilitate the coordination and sharing of
information and resources in the Department that may be
applicable to the farm to school program;
``(B) to collect and share information on best practices;
and

[[Page H7793]]

``(C) to disseminate research and data on existing farm to
school programs and the potential for programs in underserved
areas.
``(8) Funding.--
``(A) In general.--On October 1, 2012, and each October 1
thereafter, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this subsection $5,000,000, 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.
``(9) Authorization of appropriations.--In addition to the
amounts made available under paragraph (8), there are
authorized to be appropriated to carry out this subsection
such sums as are necessary for each of fiscal years 2011
through 2015.
``(h) Pilot Program for High-Poverty Schools.--
``(1) In general.--''; and
(3) in subsection (h) (as redesignated by paragraph (2))--
(A) in subparagraph (F) of paragraph (1) (as so
redesignated), by striking ``in accordance with paragraph
(1)(H)'' and inserting ``carried out by the Secretary'';
(B) by redesignating paragraph (4) as paragraph (2); and
(C) in paragraph (2) (as so redesignated), by striking
``2009'' and inserting ``2015''.

SEC. 244. RESEARCH ON STRATEGIES TO PROMOTE THE SELECTION AND
CONSUMPTION OF HEALTHY FOODS.

(a) In General.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall establish a
research, demonstration, and technical assistance program to
promote healthy eating and reduce the prevalence of obesity,
among all population groups but especially among children, by
applying the principles and insights of behavioral economics
research in schools, child care programs, and other settings.
(b) Priorities.--The Secretary shall--
(1) identify and assess the impacts of specific
presentation, placement, and other strategies for structuring
choices on selection and consumption of healthful foods in a
variety of settings, consistent with the most recent version
of the Dietary Guidelines for Americans published under
section 301 of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341);
(2) demonstrate and rigorously evaluate behavioral
economics-related interventions that hold promise to improve
diets and promote health, including through demonstration
projects that may include evaluation of the use of portion
size, labeling, convenience, and other strategies to
encourage healthy choices; and
(3) encourage adoption of the most effective strategies
through outreach and technical assistance.
(c) Authority.--In carrying out the program under
subsection (a), the Secretary may--
(1) enter into competitively awarded contracts or
cooperative agreements; or
(2) provide grants to States or public or private agencies
or organizations, as determined by the Secretary.
(d) Application.--To be eligible to enter into a contract
or cooperative agreement or receive a grant under this
section, a State or public or private agency or organization
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(e) Coordination.--The solicitation and evaluation of
contracts, cooperative agreements, and grant proposals
considered under this section shall be coordinated with the
Food and Nutrition Service as appropriate to ensure that
funded projects are consistent with the operations of
Federally supported nutrition assistance programs and related
laws (including regulations).
(f) Annual Reports.--Not later than 90 days after the end
of each fiscal year, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that includes a description of--
(1) the policies, priorities, and operations of the program
carried out by the Secretary under this section during the
fiscal year;
(2) the results of any evaluations completed during the
fiscal year; and
(3) the efforts undertaken to disseminate successful
practices through outreach and technical assistance.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section such sums as are necessary for each of
fiscal years 2011 through 2015.
(2) Use of funds.--The Secretary may use up to 5 percent of
the funds made available under paragraph (1) for Federal
administrative expenses incurred in carrying out this
section.

TITLE III--IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION
PROGRAMS

Subtitle A--National School Lunch Program

SEC. 301. PRIVACY PROTECTION.

Section 9(d)(1) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(d)(1)) is amended--
(1) in the first sentence, by inserting ``the last 4 digits
of'' before ``the social security account number''; and
(2) by striking the second sentence.

SEC. 302. APPLICABILITY OF FOOD SAFETY PROGRAM ON ENTIRE
SCHOOL CAMPUS.

Section 9(h)(5) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(h)(5)) is amended--
(1) by striking ``Each school food'' and inserting the
following:
``(A) In general.--Each school food''; and
(2) by adding at the end the following:
``(B) Applicability.--Subparagraph (A) shall apply to any
facility or part of a facility in which food is stored,
prepared, or served for the purposes of the school nutrition
programs under this Act or section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).''.

SEC. 303. FINES FOR VIOLATING PROGRAM REQUIREMENTS.

Section 22 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769c) is amended by adding at the end the
following:
``(e) Fines for Violating Program Requirements.--
``(1) School food authorities and schools.--
``(A) In general.--The Secretary shall establish criteria
by which the Secretary or a State agency may impose a fine
against any school food authority or school administering a
program authorized under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) if the Secretary or the
State agency determines that the school food authority or
school has--
``(i) failed to correct severe mismanagement of the
program;
``(ii) disregarded a program requirement of which the
school food authority or school had been informed; or
``(iii) failed to correct repeated violations of program
requirements.
``(B) Limits.--
``(i) In general.--In calculating the fine for a school
food authority or school, the Secretary shall base the amount
of the fine on the reimbursement earned by school food
authority or school for the program in which the violation
occurred.
``(ii) Amount.--The amount under clause (i) shall not
exceed--

``(I) 1 percent of the amount of meal reimbursements earned
for the fiscal year for the first finding of 1 or more
program violations under subparagraph (A);
``(II) 5 percent of the amount of meal reimbursements
earned for the fiscal year for the second finding of 1 or
more program violations under subparagraph (A); and
``(III) 10 percent of the amount of meal reimbursements
earned for the fiscal year for the third or subsequent
finding of 1 or more program violations under subparagraph
(A).

``(2) State agencies.--
``(A) In general.--The Secretary shall establish criteria
by which the Secretary may impose a fine against any State
agency administering a program authorized under this Act or
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if
the Secretary determines that the State agency has--
``(i) failed to correct severe mismanagement of the
program;
``(ii) disregarded a program requirement of which the State
had been informed; or
``(iii) failed to correct repeated violations of program
requirements.
``(B) Limits.--In the case of a State agency, the amount of
a fine under subparagraph (A) shall not exceed--
``(i) 1 percent of funds made available under section 7(a)
of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for
State administrative expenses during a fiscal year for the
first finding of 1 or more program violations under
subparagraph (A);
``(ii) 5 percent of funds made available under section 7(a)
of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) for
State administrative expenses during a fiscal year for the
second finding of 1 or more program violations under
subparagraph (A); and
``(iii) 10 percent of funds made available under section
7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a))
for State administrative expenses during a fiscal year for
the third or subsequent finding of 1 or more program
violations under subparagraph (A).
``(3) Source of funding.--Funds to pay a fine imposed under
paragraph (1) or (2) shall be derived from non-Federal
sources.''.

SEC. 304. INDEPENDENT REVIEW OF APPLICATIONS.

Section 22(b) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769c(b)) is amended by adding at the
end the following:
``(6) Eligibility determination review for selected local
educational agencies.--
``(A) In general.--A local educational agency that has
demonstrated a high level of, or a high risk for,
administrative error associated with certification,
verification, and other administrative processes, as
determined by the Secretary, shall ensure that the initial
eligibility determination for each application is reviewed
for accuracy prior to notifying a household of the
eligibility or ineligibility of the household for free or
reduced price meals.
``(B) Timeliness.--The review of initial eligibility
determinations--
``(i) shall be completed in a timely manner; and
``(ii) shall not result in the delay of an eligibility
determination for more than 10 operating days after the date
on which the application is submitted.
``(C) Acceptable types of review.--Subject to standards
established by the Secretary, the system used to review
eligibility determinations for accuracy shall be conducted by
an individual or entity that did

[[Page H7794]]

not make the initial eligibility determination.
``(D) Notification of household.--Once the review of an
eligibility determination has been completed under this
paragraph, the household shall be notified immediately of the
determination of eligibility or ineligibility for free or
reduced price meals.
``(E) Reporting.--
``(i) Local educational agencies.--In accordance with
procedures established by the Secretary, each local
educational agency required to review initial eligibility
determinations shall submit to the relevant State agency a
report describing the results of the reviews, including--

``(I) the number and percentage of reviewed applications
for which the eligibility determination was changed and the
type of change made; and
``(II) such other information as the Secretary determines
to be necessary.

``(ii) State agencies.--In accordance with procedures
established by the Secretary, each State agency shall submit
to the Secretary a report describing the results of the
reviews of initial eligibility determinations, including--

``(iii) Transparency.--The Secretary shall publish annually
the results of the reviews of initial eligibility
determinations by State, number, percentage, and type of
error.''.

SEC. 305. PROGRAM EVALUATION.

Section 28 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769i) is amended by adding at the end the
following:
``(c) Cooperation With Program Research and Evaluation.--
States, State educational agencies, local educational
agencies, schools, institutions, facilities, and contractors
participating in programs authorized under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall
cooperate with officials and contractors acting on behalf of
the Secretary, in the conduct of evaluations and studies
under those Acts.''.

SEC. 306. PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.

Section 7 of the Child Nutrition Act of 1966 (42 U.S.C.
1776) is amended by striking subsection (g) and inserting the
following:
``(g) Professional Standards for School Food Service.--
``(1) Criteria for school food service and state agency
directors.--
``(A) School food service directors.--
``(i) In general.--The Secretary shall establish a program
of required education, training, and certification for all
school food service directors responsible for the management
of a school food authority.
``(ii) Requirements.--The program shall include--

``(I) minimum educational requirements necessary to
successfully manage the school lunch program established
under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and the school breakfast program
established by section 4 of this Act;
``(II) minimum program training and certification criteria
for school food service directors; and
``(III) minimum periodic training criteria to maintain
school food service director certification.

``(B) School nutrition state agency directors.--The
Secretary shall establish criteria and standards for States
to use in the selection of State agency directors with
responsibility for the school lunch program established under
the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) and the school breakfast program established by
section 4 of this Act.
``(C) Training program partnership.--The Secretary may
provide financial and other assistance to 1 or more
professional food service management organizations--
``(i) to establish and manage the program under this
paragraph; and
``(ii) to develop voluntary training and certification
programs for other school food service workers.
``(D) Required date of compliance.--
``(i) School food service directors.--The Secretary shall
establish a date by which all school food service directors
whose local educational agencies are participating in the
school lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the
school breakfast program established by section 4 of this Act
shall be required to comply with the education, training, and
certification criteria established in accordance with
subparagraph (A).
``(ii) School nutrition state agency directors.--The
Secretary shall establish a date by which all State agencies
shall be required to comply with criteria and standards
established in accordance with subparagraph (B) for the
selection of State agency directors with responsibility for
the school lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
and the school breakfast program established by section 4 of
this Act.
``(2) Training and certification of food service
personnel.--
``(A) Training for individuals conducting or overseeing
administrative procedures.--
``(i) In general.--At least annually, each State shall
provide training in administrative practices (including
training in application, certification, verification, meal
counting, and meal claiming procedures) to local educational
agency and school food authority personnel and other
appropriate personnel.
``(ii) Federal role.--The Secretary shall--

``(I) provide training and technical assistance described
in clause (i) to the State; or
``(II) at the option of the Secretary, directly provide
training and technical assistance described in clause (i).

``(iii) Required participation.--In accordance with
procedures established by the Secretary, each local
educational agency or school food authority shall ensure that
an individual conducting or overseeing administrative
procedures described in clause (i) receives training at least
annually, unless determined otherwise by the Secretary.
``(B) Training and certification of all local food service
personnel.--
``(i) In general.--The Secretary shall provide training
designed to improve--

``(I) the accuracy of approvals for free and reduced price
meals; and
``(II) the identification of reimbursable meals at the
point of service.

``(ii) Certification of local personnel.--In accordance
with criteria established by the Secretary, local food
service personnel shall complete annual training and receive
annual certification--

``(I) to ensure program compliance and integrity; and
``(II) to demonstrate competence in the training provided
under clause (i).

``(iii) Training modules.--In addition to the topics
described in clause (i), a training program carried out under
this subparagraph shall include training modules on--

``(I) nutrition;
``(II) health and food safety standards and methodologies;
and
``(III) any other appropriate topics, as determined by the
Secretary.

``(3) Funding.--
``(A) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this subsection, to
remain available until expended--
``(i) on October 1, 2010, $5,000,000; and
``(ii) on each October 1 thereafter, $1,000,000.
``(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.''.

SEC. 307. INDIRECT COSTS.

(a) Guidance on Indirect Costs Rules.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall issue guidance to school food authorities participating
in the school lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
and the school breakfast program established by section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773) covering
program rules pertaining to indirect costs, including
allowable indirect costs that may be charged to the nonprofit
school food service account.
(b) Indirect Cost Study.--The Secretary shall--
(1) conduct a study to assess the extent to which school
food authorities participating in the school lunch program
established under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast
program established by section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773) pay indirect costs, including
assessments of--
(A) the allocation of indirect costs to, and the
methodologies used to establish indirect cost rates for,
school food authorities participating in the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the school
breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773);
(B) the impact of indirect costs charged to the nonprofit
school food service account;
(C) the types and amounts of indirect costs charged and
recovered by school districts;
(D) whether the indirect costs charged or recovered are
consistent with requirements for the allocation of indirect
costs and school food service operations; and
(E) the types and amounts of indirect costs that could be
charged or recovered under requirements for the allocation of
indirect costs and school food service operations but are not
charged or recovered; and
(2) after completing the study required under paragraph
(1), issue additional guidance relating to the types of costs
that are reasonable and necessary to provide meals under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
(c) Regulations.--After conducting the study under
subsection (b)(1) and identifying costs under subsection
(b)(2), the Secretary may promulgate regulations to address--
(1) any identified deficiencies in the allocation of
indirect costs; and
(2) the authority of school food authorities to reimburse
only those costs identified by the Secretary as reasonable
and necessary under subsection (b)(2).
(d) Report.--Not later than October 1, 2013, the Secretary
shall submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes
the results of the study under subsection (b).

[[Page H7795]]

(e) Funding.--
(1) In general.--On October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $2,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1),
without further appropriation.

SEC. 308. ENSURING SAFETY OF SCHOOL MEALS.

The Richard B. Russell National School Lunch Act is amended
by after section 28 (42 U.S.C. 1769i) the following:

``SEC. 29. ENSURING SAFETY OF SCHOOL MEALS.

``(a) Food and Nutrition Service.--Not later than 1 year
after the date of enactment of the Healthy, Hunger-Free Kids
Act of 2010, the Secretary, acting through the Administrator
of the Food and Nutrition Service, shall--
``(1) in consultation with the Administrator of the
Agricultural Marketing Service and the Administrator of the
Farm Service Agency, develop guidelines to determine the
circumstances under which it is appropriate for the Secretary
to institute an administrative hold on suspect foods
purchased by the Secretary that are being used in school meal
programs under this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.);
``(2) work with States to explore ways for the States to
increase the timeliness of notification of food recalls to
schools and school food authorities;
``(3) improve the timeliness and completeness of direct
communication between the Food and Nutrition Service and
States about holds and recalls, such as through the commodity
alert system of the Food and Nutrition Service; and
``(4) establish a timeframe to improve the commodity hold
and recall procedures of the Department of Agriculture to
address the role of processors and determine the involvement
of distributors with processed products that may contain
recalled ingredients, to facilitate the provision of more
timely and complete information to schools.
``(b) Food Safety and Inspection Service.--Not later than 1
year after the date of enactment of the Healthy, Hunger-Free
Kids Act of 2010, the Secretary, acting through the
Administrator of the Food Safety and Inspection Service,
shall revise the procedures of the Food Safety and Inspection
Service to ensure that schools are included in effectiveness
checks.''.

Subtitle B--Summer Food Service Program

SEC. 321. SUMMER FOOD SERVICE PROGRAM PERMANENT OPERATING
AGREEMENTS.

Section 13(b) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1761(b)) is amended by striking
paragraph (3) and inserting the following:
``(3) Permanent operating agreements and budget for
administrative costs.--
``(A) Permanent operating agreements.--
``(i) In general.--Subject to clauses (ii) and (iii), to
participate in the program, a service institution that meets
the conditions of eligibility described in this section and
in regulations promulgated by the Secretary, shall be
required to enter into a permanent agreement with the
applicable State agency.
``(ii) Amendments.--A permanent agreement described in
clause (i) may be amended as necessary to ensure that the
service institution is in compliance with all requirements
established in this section or by the Secretary.
``(iii) Termination.--A permanent agreement described in
clause (i)--

``(I) may be terminated for convenience by the service
institution and State agency that is a party to the permanent
agreement; and
``(II) shall be terminated--

``(aa) for cause by the applicable State agency in
accordance with subsection (q) and with regulations
promulgated by the Secretary; or
``(bb) on termination of participation of the service
institution in the program.
``(B) Budget for administrative costs.--
``(i) In general.--When applying for participation in the
program, and not less frequently than annually thereafter,
each service institution shall submit a complete budget for
administrative costs related to the program, which shall be
subject to approval by the State.
``(ii) Amount.--Payment to service institutions for
administrative costs shall equal the levels determined by the
Secretary pursuant to the study required in paragraph (4).''.

SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALIFICATION.

Section 13 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761) is amended--
(1) by redesignating subsection (q) as subsection (r); and
(2) by inserting after subsection (p) the following:
``(q) Termination and Disqualification of Participating
Organizations.--
``(1) In general.--Each State agency shall follow the
procedures established by the Secretary for the termination
of participation of institutions under the program.
``(2) Fair hearing.--The procedures described in paragraph
(1) shall include provision for a fair hearing and prompt
determination for any service institution aggrieved by any
action of the State agency that affects--
``(A) the participation of the service institution in the
program; or
``(B) the claim of the service institution for
reimbursement under this section.
``(3) List of disqualified institutions and individuals.--
``(A) In general.--The Secretary shall maintain a list of
service institutions and individuals that have been
terminated or otherwise disqualified from participation in
the program under the procedures established pursuant to
paragraph (1).
``(B) Availability.--The Secretary shall make the list
available to States for use in approving or renewing
applications by service institutions for participation in the
program.''.

Subtitle C--Child and Adult Care Food Program

SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PERMANENT
OPERATING AGREEMENTS.

(a) Permanent Operating Agreements.--Section 17(d)(1) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(d)(1)) is amended by adding at the end the following:
``(E) Permanent operating agreements.--
``(i) In general.--Subject to clauses (ii) and (iii), to
participate in the child and adult care food program, an
institution that meets the conditions of eligibility
described in this subsection shall be required to enter into
a permanent agreement with the applicable State agency.
``(ii) Amendments.--A permanent agreement described in
clause (i) may be amended as necessary to ensure that the
institution is in compliance with all requirements
established in this section or by the Secretary.
``(iii) Termination.--A permanent agreement described in
clause (i)--

``(I) may be terminated for convenience by the institution
or State agency that is a party to the permanent agreement;
and
``(II) shall be terminated--

``(aa) for cause by the applicable State agency in
accordance with paragraph (5); or
``(bb) on termination of participation of the institution
in the child and adult care food program.''.
(b) Applications and Reviews.--Section 17(d) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1766(d)) is
amended by striking paragraph (2) and inserting the
following:
``(2) Program applications.--
``(A) In general.--The Secretary shall develop a policy
under which each institution providing child care that
participates in the program under this section shall--
``(i) submit to the State agency an initial application to
participate in the program that meets all requirements
established by the Secretary by regulation;
``(ii) annually confirm to the State agency that the
institution, and any facilities of the institution in which
the program is operated by a sponsoring organization, is in
compliance with subsection (a)(5); and
``(iii) annually submit to the State agency any additional
information necessary to confirm that the institution is in
compliance with all other requirements to participate in the
program, as established in this Act and by the Secretary by
regulation.
``(B) Required reviews of sponsored facilities.--
``(i) In general.--The Secretary shall develop a policy
under which each sponsoring organization participating in the
program under this section shall conduct--

``(I) periodic unannounced site visits at not less than 3-
year intervals to sponsored child and adult care centers and
family or group day care homes to identify and prevent
management deficiencies and fraud and abuse under the
program; and
``(II) at least 1 scheduled site visit each year to
sponsored child and adult care centers and family or group
day care homes to identify and prevent management
deficiencies and fraud and abuse under the program and to
improve program operations.

``(ii) Varied timing.--Sponsoring organizations shall vary
the timing of unannounced reviews under clause (i)(I) in a
manner that makes the reviews unpredictable to sponsored
facilities.
``(C) Required reviews of institutions.--The Secretary
shall develop a policy under which each State agency shall
conduct--
``(i) at least 1 scheduled site visit at not less than 3-
year intervals to each institution under the State agency
participating in the program under this section--

``(I) to identify and prevent management deficiencies and
fraud and abuse under the program; and
``(II) to improve program operations; and

``(ii) more frequent reviews of any institution that--

``(I) sponsors a significant share of the facilities
participating in the program;
``(II) conducts activities other than the program
authorized under this section;
``(III) has serious management problems, as identified in a
prior review, or is at risk of having serious management
problems; or
``(IV) meets such other criteria as are defined by the
Secretary.

``(D) Detection and deterrence of erroneous payments and
false claims.--
``(i) In general.--The Secretary may develop a policy to
detect and deter, and recover erroneous payments to, and
false claims submitted by, institutions, sponsored child and
adult care centers, and family or group day care homes
participating in the program under this section.
``(ii) Block claims.--

[[Page H7796]]

``(I) Definition of block claim.--In this clause, the term
`block claim' has the meaning given the term in section 226.2
of title 7, Code of Federal Regulations (or successor
regulations).
``(II) Program edit checks.--The Secretary may not require
any State agency, sponsoring organization, or other
institution to perform edit checks or on-site reviews
relating to the detection of block claims by any child care
facility.
``(III) Allowance.--Notwithstanding subclause (II), the
Secretary may require any State agency, sponsoring
organization, or other institution to collect, store, and
transmit to the appropriate entity information necessary to
develop any other policy developed under clause (i).''.

(c) Agreements.--Section 17(j)(1) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(j)(1)) is amended--
(1) by striking ``may'' and inserting ``shall'';
(2) by striking ``family or group day care'' the first
place it appears; and
(3) by inserting ``or sponsored day care centers'' before
``participating''.

SEC. 332. STATE LIABILITY FOR PAYMENTS TO AGGRIEVED CHILD
CARE INSTITUTIONS.

Section 17(e) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(e)) is amended--
(1) in paragraph (3), by striking ``(3) If a State'' and
inserting the following:
``(5) Secretarial hearing.--If a State''; and
(2) by striking ``(e) Except as provided'' and all that
follows through ``(2) A State'' and inserting the following:
``(e) Hearings.--
``(1) In general.--Except as provided in paragraph (4),
each State agency shall provide, in accordance with
regulations promulgated by the Secretary, an opportunity for
a fair hearing and a prompt determination to any institution
aggrieved by any action of the State agency that affects--
``(A) the participation of the institution in the program
authorized by this section; or
``(B) the claim of the institution for reimbursement under
this section.
``(2) Reimbursement.--In accordance with paragraph (3), a
State agency that fails to meet timeframes for providing an
opportunity for a fair hearing and a prompt determination to
any institution under paragraph (1) in accordance with
regulations promulgated by the Secretary, shall pay, from
non-Federal sources, all valid claims for reimbursement to
the institution and the facilities of the institution during
the period beginning on the day after the end of any
regulatory deadline for providing the opportunity and making
the determination and ending on the date on which a hearing
determination is made.
``(3) Notice to state agency.--The Secretary shall provide
written notice to a State agency at least 30 days prior to
imposing any liability for reimbursement under paragraph (2).
``(4) Federal audit determination.--A State''.

SEC. 333. TRANSMISSION OF INCOME INFORMATION BY SPONSORED
FAMILY OR GROUP DAY CARE HOMES.

Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(III))
is amended by adding at the end the following:
``(dd) Transmission of income information by sponsored
family or group day care homes.--If a family or group day
care home elects to be provided reimbursement factors
described in subclause (II), the family or group day care
home may assist in the transmission of necessary household
income information to the family or group day care home
sponsoring organization in accordance with the policy
described in item (ee).
``(ee) Policy.--The Secretary shall develop a policy under
which a sponsored family or group day care home described in
item (dd) may, under terms and conditions specified by the
Secretary and with the written consent of the parents or
guardians of a child in a family or group day care home
participating in the program, assist in the transmission of
the income information of the family to the family or group
day care home sponsoring organization.''.

SEC. 334. SIMPLIFYING AND ENHANCING ADMINISTRATIVE PAYMENTS
TO SPONSORING ORGANIZATIONS.

Section 17(f)(3) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(f)(3)) is amended by striking
subparagraph (B) and inserting the following:
``(B) Administrative funds.--
``(i) In general.--In addition to reimbursement factors
described in subparagraph (A), a family or group day care
home sponsoring organization shall receive reimbursement for
the administrative expenses of the sponsoring organization in
an amount that is not less than the product obtained each
month by multiplying--

``(I) the number of family and group day care homes of the
sponsoring organization submitting a claim for reimbursement
during the month; by
``(II) the appropriate administrative rate determined by
the Secretary.

``(ii) Annual adjustment.--The administrative reimbursement
levels specified in clause (i) shall be adjusted July 1 of
each year to reflect changes in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor for the most recent 12-
month period for which such data are available.
``(iii) Carryover funds.--The Secretary shall develop
procedures under which not more than 10 percent of the amount
made available to sponsoring organizations under this section
for administrative expenses for a fiscal year may remain
available for obligation or expenditure in the succeeding
fiscal year.''.

SEC. 335. CHILD AND ADULT CARE FOOD PROGRAM AUDIT FUNDING.

Section 17(i) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(i)) is amended by striking
paragraph (2) and inserting the following:
``(2) Funding.--
``(A) In general.--The Secretary shall make available for
each fiscal year to each State agency administering the child
and adult care food program, for the purpose of conducting
audits of participating institutions, an amount of up to 1.5
percent of the funds used by each State in the program under
this section, during the second preceding fiscal year.
``(B) Additional funding.--
``(i) In general.--Subject to clause (ii), for fiscal year
2016 and each fiscal year thereafter, the Secretary may
increase the amount of funds made available to any State
agency under subparagraph (A), if the State agency
demonstrates that the State agency can effectively use the
funds to improve program management under criteria
established by the Secretary.
``(ii) Limitation.--The total amount of funds made
available to any State agency under this paragraph shall not
exceed 2 percent of the funds used by each State agency in
the program under this section, during the second preceding
fiscal year.''.

SEC. 336. REDUCING PAPERWORK AND IMPROVING PROGRAM
ADMINISTRATION.

(a) Definition of Program.--In this section, the term
``program'' means the child and adult care food program
established under section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766).
(b) Establishment.--The Secretary, in conjunction with
States and participating institutions, shall continue to
examine the feasibility of reducing unnecessary or
duplicative paperwork resulting from regulations and
recordkeeping requirements for State agencies, institutions,
family and group day care homes, and sponsored centers
participating in the program.
(c) Duties.--At a minimum, the examination shall include--
(1) review and evaluation of the recommendations, guidance,
and regulatory priorities developed and issued to comply with
section 119(i) of the Child Nutrition and WIC Reauthorization
Act of 2004 (42 U.S.C. 1766 note; Public Law 108-265); and
(2) examination of additional paperwork and administrative
requirements that have been established since February 23,
2007, that could be reduced or simplified.
(d) Additional Duties.--The Secretary, in conjunction with
States and institutions participating in the program, may
also examine any aspect of administration of the program.
(e) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the actions that have been taken to
carry out this section, including--
(1) actions taken to address administrative and paperwork
burdens identified as a result of compliance with section
119(i) of the Child Nutrition and WIC Reauthorization Act of
2004 (42 U.S.C. 1766 note; Public Law 108-265);
(2) administrative and paperwork burdens identified as a
result of compliance with section 119(i) of that Act for
which no regulatory action or policy guidance has been taken;
(3) additional steps that the Secretary is taking or plans
to take to address any administrative and paperwork burdens
identified under subsection (c)(2) and paragraph (2),
including--
(A) new or updated regulations, policy, guidance, or
technical assistance; and
(B) a timeframe for the completion of those steps; and
(4) recommendations to Congress for modifications to
existing statutory authorities needed to address identified
administrative and paperwork burdens.

SEC. 337. STUDY RELATING TO THE CHILD AND ADULT CARE FOOD
PROGRAM.

(a) Study.--The Secretary, acting through the Administrator
of the Food and Nutrition Service, shall carry out a study of
States participating in an afterschool supper program under
the child and adult care food program established under
section 17(r) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(r)).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to
Congress, and make available on the website of the Food and
Nutrition Service, a report that describes--
(1) best practices of States in soliciting sponsors for an
afterschool supper program described in subsection (a); and
(2) any Federal or State laws or requirements that may be a
barrier to participation in the program.

Subtitle D--Special Supplemental Nutrition Program for Women, Infants,
and Children

SEC. 351. SHARING OF MATERIALS WITH OTHER PROGRAMS.

Section 17(e)(3) of the Child Nutrition Act (42 U.S.C.
1786(e)(3)) is amended by striking

[[Page H7797]]

subparagraph (B) and inserting the following:
``(B) Sharing of materials with other programs.--
``(i) Commodity supplemental food program.--The Secretary
may provide, in bulk quantity, nutrition education materials
(including materials promoting breastfeeding) developed with
funds made available for the program authorized under this
section to State agencies administering the commodity
supplemental food program established under section 5 of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C.
612c note; Public Law 93-86) at no cost to that program.
``(ii) Child and adult care food program.--A State agency
may allow the local agencies or clinics under the State
agency to share nutrition educational materials with
institutions participating in the child and adult care food
program established under section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766) at no cost
to that program, if a written materials sharing agreement
exists between the relevant agencies.''.

SEC. 352. WIC PROGRAM MANAGEMENT.

(a) WIC Evaluation Funds.--Section 17(g)(5) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)) is amended by
striking ``$5,000,000'' and inserting ``$15,000,000''.
(b) WIC Rebate Payments.--Section 17(h)(8) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)) is amended by
adding at the end the following:
``(K) Reporting.--Effective beginning October 1, 2011, each
State agency shall report rebate payments received from
manufacturers in the month in which the payments are
received, rather than in the month in which the payments were
earned.''.
(c) Cost Containment Measure.--Section 17(h) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended--
(1) in paragraph (8)(A)(iv)(III), by striking ``Any'' and
inserting ``Except as provided in paragraph (9)(B)(i)(II),
any''; and
(2) by striking paragraph (9) and inserting the following:
``(9) Cost containment measure.--
``(A) Definition of cost containment measure.--In this
subsection, the term `cost containment measure' means a
competitive bidding, rebate, direct distribution, or home
delivery system implemented by a State agency as described in
the approved State plan of operation and administration of
the State agency.
``(B) Solicitation and rebate billing requirements.--Any
State agency instituting a cost containment measure for any
authorized food, including infant formula, shall--
``(i) in the bid solicitation--

``(I) identify the composition of State alliances for the
purposes of a cost containment measure; and
``(II) verify that no additional States shall be added to
the State alliance between the date of the bid solicitation
and the end of the contract;

``(ii) have a system to ensure that rebate invoices under
competitive bidding provide a reasonable estimate or an
actual count of the number of units sold to participants in
the program under this section;
``(iii) open and read aloud all bids at a public proceeding
on the day on which the bids are due; and
``(iv) unless otherwise exempted by the Secretary, provide
a minimum of 30 days between the publication of the
solicitation and the date on which the bids are due.
``(C) State alliances for authorized foods other than
infant formula.--Program requirements relating to the size of
State alliances under paragraph (8)(A)(iv) shall apply to
cost containment measures established for any authorized food
under this section.''.
(d) Electronic Benefit Transfer.--Section 17(h) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by
striking paragraph (12) and inserting the following:
``(12) Electronic benefit transfer.--
``(A) Definitions.--In this paragraph:
``(i) Electronic benefit transfer.--The term `electronic
benefit transfer' means a food delivery system that provides
benefits using a card or other access device approved by the
Secretary that permits electronic access to program benefits.
``(ii) Program.--The term `program' means the special
supplemental nutrition program established by this section.
``(B) Requirements.--
``(i) In general.--Not later than October 1, 2020, each
State agency shall be required to implement electronic
benefit transfer systems throughout the State, unless the
Secretary grants an exemption under subparagraph (C) for a
State agency that is facing unusual barriers to implement an
electronic benefit transfer system.
``(ii) Responsibility.--The State agency shall be
responsible for the coordination and management of the
electronic benefit transfer system of the agency.
``(C) Exemptions.--
``(i) In general.--To be eligible for an exemption from the
statewide implementation requirements of subparagraph (B)(i),
a State agency shall demonstrate to the satisfaction of the
Secretary 1 or more of the following:

``(I) There are unusual technological barriers to
implementation.
``(II) Operational costs are not affordable within the
nutrition services and administration grant of the State
agency.
``(III) It is in the best interest of the program to grant
the exemption.

``(ii) Specific date.--A State agency requesting an
exemption under clause (i) shall specify a date by which the
State agency anticipates statewide implementation described
in subparagraph (B)(i).
``(D) Reporting.--
``(i) In general.--Each State agency shall submit to the
Secretary electronic benefit transfer project status reports
to demonstrate the progress of the State toward statewide
implementation.
``(ii) Consultation.--If a State agency plans to
incorporate additional programs in the electronic benefit
transfer system of the State, the State agency shall consult
with the State agency officials responsible for administering
the programs prior to submitting the planning documents to
the Secretary for approval.
``(iii) Requirements.--At a minimum, a status report
submitted under clause (i) shall contain--

``(I) an annual outline of the electronic benefit transfer
implementation goals and objectives of the State;
``(II) appropriate updates in accordance with approval
requirements for active electronic benefit transfer State
agencies; and
``(III) such other information as the Secretary may
require.

``(E) Imposition of costs on vendors.--
``(i) Cost prohibition.--Except as otherwise provided in
this paragraph, the Secretary may not impose, or allow a
State agency to impose, the costs of any equipment or system
required for electronic benefit transfers on any authorized
vendor in order to transact electronic benefit transfers if
the vendor equipment or system is used solely to support the
program.
``(ii) Cost-sharing.--The Secretary shall establish
criteria for cost-sharing by State agencies and vendors of
costs associated with any equipment or system that is not
solely dedicated to transacting electronic benefit transfers
for the program.
``(iii) Fees.--

``(I) In general.--A vendor that elects to accept
electronic benefit transfers using multifunction equipment
shall pay commercial transaction processing costs and fees
imposed by a third-party processor that the vendor elects to
use to connect to the electronic benefit transfer system of
the State.
``(II) Interchange fees.--No interchange fees shall apply
to electronic benefit transfer transactions under this
paragraph.

``(iv) Statewide operations.--After completion of statewide
expansion of a system for transaction of electronic benefit
transfers--

``(I) a State agency may not be required to incur ongoing
maintenance costs for vendors using multifunction systems and
equipment to support electronic benefit transfers; and
``(II) any retail store in the State that applies for
authorization to become a program vendor shall be required to
demonstrate the capability to accept program benefits
electronically prior to authorization, unless the State
agency determines that the vendor is necessary for
participant access.

``(F) Minimum lane coverage.--
``(i) In general.--The Secretary shall establish minimum
lane coverage guidelines for vendor equipment and systems
used to support electronic benefit transfers.
``(ii) Provision of equipment.--If a vendor does not elect
to accept electronic benefit transfers using its own
multifunction equipment, the State agency shall provide such
equipment as is necessary to solely support the program to
meet the established minimum lane coverage guidelines.
``(G) Technical standards.--The Secretary shall--
``(i) establish technical standards and operating rules for
electronic benefit transfer systems; and
``(ii) require each State agency, contractor, and
authorized vendor participating in the program to demonstrate
compliance with the technical standards and operating
rules.''.
(e) Universal Product Codes Database.--Section 17(h) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by
striking paragraph (13) and inserting the following:
``(13) Universal product codes database.--
``(A) In general.--Not later than 2 years after the date of
enactment of the Healthy, Hunger-Free Kids Act of 2010, the
Secretary shall establish a national universal product code
database to be used by all State agencies in carrying out the
requirements of paragraph (12).
``(B) Funding.--
``(i) In general.--On October 1, 2010, and on each October
1 thereafter, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary to carry out this paragraph $1,000,000, to
remain available until expended.
``(ii) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this paragraph the funds transferred under clause (i),
without further appropriation.
``(iii) Use of funds.--The Secretary shall use the funds
provided under clause (i) for development, hosting, hardware
and software configuration, and support of the database
required under subparagraph (A).''.
(f) Temporary Spending Authority.--Section 17(i) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended by
adding at the end the following:
``(8) Temporary spending authority.--During each of fiscal
years 2012 and 2013, the Secretary may authorize a State
agency to

[[Page H7798]]

expend more than the amount otherwise authorized under
paragraph (3)(C) for expenses incurred under this section for
supplemental foods during the preceding fiscal year, if the
Secretary determines that--
``(A) there has been a significant reduction in reported
infant formula cost containment savings for the preceding
fiscal year due to the implementation of subsection
(h)(8)(K); and
``(B) the reduction would affect the ability of the State
agency to serve all eligible participants.''.

Subtitle E--Miscellaneous

SEC. 361. FULL USE OF FEDERAL FUNDS.

Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) is amended by striking subsection (b)
and inserting the following:
``(b) Agreements.--
``(1) In general.--The Secretary shall incorporate, in the
agreement of the Secretary with the State agencies
administering programs authorized under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the express
requirements with respect to the operation of the programs to
the extent applicable and such other provisions as in the
opinion of the Secretary are reasonably necessary or
appropriate to effectuate the purposes of this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
``(2) Expectations for use of funds.--Agreements described
in paragraph (1) shall include a provision that--
``(A) supports full use of Federal funds provided to State
agencies for the administration of programs authorized under
this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.); and
``(B) excludes the Federal funds from State budget
restrictions or limitations including, at a minimum--
``(i) hiring freezes;
``(ii) work furloughs; and
``(iii) travel restrictions.''.

SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND
INDIVIDUALS.

Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) (as amended by section 206) is amended
by adding at the end the following:
``(r) Disqualified Schools, Institutions, and
Individuals.--Any school, institution, service institution,
facility, or individual that has been terminated from any
program authorized under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) and is on a list of
disqualified institutions and individuals under section 13 or
section 17(d)(5)(E) of this Act may not be approved to
participate in or administer any program authorized under
this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).''.

TITLE IV--MISCELLANEOUS

Subtitle A--Reauthorization of Expiring Provisions

PART I--RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

SEC. 401. COMMODITY SUPPORT.

Section 6(e)(1)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by
striking ``September 30, 2010'' and inserting ``September 30,
2020''.

SEC. 402. FOOD SAFETY AUDITS AND REPORTS BY STATES.

Section 9(h) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(h)) is amended--
(1) in paragraph (3), by striking ``2006 through 2010'' and
inserting ``2011 through 2015''; and
(2) in paragraph (4), by striking ``2006 through 2010'' and
inserting ``2011 through 2015''.

SEC. 403. PROCUREMENT TRAINING.

Section 12(m)(4) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760(m)(4)) is amended by striking
``2005 through 2009'' and inserting ``2010 through 2015''.

SEC. 404. AUTHORIZATION OF THE SUMMER FOOD SERVICE PROGRAM
FOR CHILDREN.

Subsection (r) of section 13 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761) (as redesignated
by section 322(1)) is amended by striking ``September 30,
2009'' and inserting ``September 30, 2015''.

SEC. 405. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES.

Subsection (i)(5) of section 18 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769) (as redesignated
by section 243(1)) is amended by striking ``2005 through
2010'' and inserting ``2011 through 2015''.

SEC. 406. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE
MANAGEMENT INSTITUTE.

Section 21(e) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769b-1(e)) is amended--
(1) by striking ``(e) Authorization of Appropriations'' and
all that follows through the end of paragraph (2)(A) and
inserting the following:
``(e) Food Service Management Institute.--
``(1) Funding.--
``(A) In general.--In addition to any amounts otherwise
made available for fiscal year 2011, on October 1, 2010, and
each October 1 thereafter, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out subsection
(a)(2) $5,000,000, to remain available until expended.
``(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
subsection (a)(2) the funds transferred under subparagraph
(A), without further appropriation.'';
(2) by redesignating subparagraphs (B) and (C) as
paragraphs (2) and (3), respectively, and indenting
appropriately;
(3) in paragraph (2) (as so redesignated), by striking
``subparagraph (A)'' each place it appears and inserting
``paragraph (1)''; and
(4) in paragraph (3) (as so redesignated), by striking
``subparagraphs (A) and (B)'' and inserting ``paragraphs (1)
and (2)''.

SEC. 407. FEDERAL ADMINISTRATIVE SUPPORT.

Section 21(g)(1)(A)) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769b-1(g)(1)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause(ii), by striking the period at the end and
inserting ``; and''
(3) and by adding at the end the following:
``(iii) on October 1, 2010, and every October 1 thereafter,
$4,000,000.''.

SEC. 408. COMPLIANCE AND ACCOUNTABILITY.

Section 22(d) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769c(d)) is amended by striking
``$6,000,000 for each of fiscal years 2004 through 2009'' and
inserting ``$10,000,000 for each of fiscal years 2011 through
2015''.

SEC. 409. INFORMATION CLEARINGHOUSE.

Section 26(d) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769g(d)) is amended in the first
sentence by striking ``2005 through 2010'' and inserting
``2010 through 2015''.

PART II--CHILD NUTRITION ACT OF 1966

SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT.

Section 7(i)(4) of the Child Nutrition Act of 1966 (42
U.S.C. 1776(i)(4)) is amended by striking ``2005 through
2009'' and inserting ``2010 through 2015''.

SEC. 422. STATE ADMINISTRATIVE EXPENSES.

Section 7(j) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(j)) is amended by striking ``October 1, 2009'' and
inserting ``October 1, 2015''.

SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN,
INFANTS, AND CHILDREN.

Section 17(g)(1)(A) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(g)(1)(A)) is amended by striking ``each of fiscal
years 2004 through 2009'' and inserting ``each of fiscal
years 2010 through 2015''.

SEC. 424. FARMERS MARKET NUTRITION PROGRAM.

Section 17(m)(9) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(m)(9)) is amended by striking subparagraph (A)
and inserting the following:
``(A) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as are necessary for each of fiscal years 2010
through 2015.''.

Subtitle B--Technical Amendments

SEC. 441. TECHNICAL AMENDMENTS.

(a) Richard B. Russell National School Lunch Act.--
(1) Nutritional requirements.--Section 9(f) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(f)) is
amended--
(A) by striking ``(f)'' and all that follows through the
end of paragraph (1) and inserting the following:
``(f) Nutritional Requirements.--
``(1) In general.--Schools that are participating in the
school lunch program or school breakfast program shall serve
lunches and breakfasts that--
``(A) are consistent with the goals of the most recent
Dietary Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341); and
``(B) consider the nutrient needs of children who may be at
risk for inadequate food intake and food insecurity.'';
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively.
(2) Rounding rules for computation of adjustment.--Section
11(a)(3)(B) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1759a(a)(3)(B)) is amended by striking
``Rounding.--'' and all that follows through ``On July'' in
subclause (II) and inserting ``Rounding.--On July''.
(3) Information and assistance concerning reimbursement
options.--Section 11 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a) is amended by striking
subsection (f).
(4) 1995 regulations to implement dietary guidelines.--
Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) is amended by striking subsection (k).
(5) Summer food service program for children.--
(A) In general.--Section 13 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761) is amended by
striking the section heading and all that follows through the
end of subsection (a)(1) and inserting the following:

``SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

``(a) In General.--
``(1) Definitions.--In this section:
``(A) Area in which poor economic conditions exist.--
``(i) In general.--Subject to clause (ii), the term `area
in which poor economic conditions exist', as the term relates
to an area in

[[Page H7799]]

which a program food service site is located, means--

``(I) the attendance area of a school in which at least 50
percent of the enrolled children have been determined
eligible for free or reduced price school meals under this
Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
``(II) a geographic area, as defined by the Secretary based
on the most recent census data available, in which at least
50 percent of the children residing in that area are eligible
for free or reduced price school meals under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
``(III) an area--

``(aa) for which the program food service site documents
the eligibility of enrolled children through the collection
of income eligibility statements from the families of
enrolled children or other means; and
``(bb) at least 50 percent of the children enrolled at the
program food service site meet the income standards for free
or reduced price school meals under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);

``(IV) a geographic area, as defined by the Secretary based
on information provided from a department of welfare or
zoning commission, in which at least 50 percent of the
children residing in that area are eligible for free or
reduced price school meals under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or
``(V) an area for which the program food service site
demonstrates through other means approved by the Secretary
that at least 50 percent of the children enrolled at the
program food service site are eligible for free or reduced
price school meals under this Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).

``(ii) Duration of determination.--A determination that an
area is an `area in which poor economic conditions exist'
under clause (i) shall be in effect for--

``(I) in the case of an area described in clause (i)(I), 5
years;
``(II) in the case of an area described in clause (i)(II),
until more recent census data are available;
``(III) in the case of an area described in clause
(i)(III), 1 year; and
``(IV) in the case of an area described in subclause (IV)
or (V) of clause (i), a period of time to be determined by
the Secretary, but not less than 1 year.

``(B) Children.--The term `children' means--
``(i) individuals who are 18 years of age and under; and
``(ii) individuals who are older than 18 years of age who
are--

``(I) determined by a State educational agency or a local
public educational agency of a State, in accordance with
regulations promulgated by the Secretary, to have a
disability, and
``(II) participating in a public or nonprofit private
school program established for individuals who have a
disability.

``(C) Program.--The term `program' means the summer food
service program for children authorized by this section.
``(D) Service institution.--The term `service institution'
means a public or private nonprofit school food authority,
local, municipal, or county government, public or private
nonprofit higher education institution participating in the
National Youth Sports Program, or residential public or
private nonprofit summer camp, that develops special summer
or school vacation programs providing food service similar to
food service made available to children during the school
year under the school lunch program under this Act or the
school breakfast program under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
``(E) State.--The term `State' means--
``(i) each of the several States of the United States;
``(ii) the District of Columbia;
``(iii) the Commonwealth of Puerto Rico;
``(iv) Guam;
``(v) American Samoa;
``(vi) the Commonwealth of the Northern Mariana Islands;
and
``(vii) the United States Virgin Islands.''.
(B) Conforming amendments.--Section 13(a) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1761(a)) is
amended--
(i) in paragraph (2)--

(I) by striking ``(2) To the maximum extent feasible,'' and
inserting the following:

``(2) Program authorization.--
``(A) In general.--The Secretary may carry out a program to
assist States, through grants-in-aid and other means, to
initiate and maintain nonprofit summer food service programs
for children in service institutions.
``(B) Preparation of food.--
``(i) In general.--To the maximum extent feasible,''; and

(II) by striking ``The Secretary shall'' and inserting the
following:

``(ii) Information and technical assistance.--The Secretary
shall'';
(ii) in paragraph (3)--

(I) by striking ``(3) Eligible service institutions'' and
inserting the following:

``(3) Eligible service institutions.--Eligible service
institutions''; and

(II) by indenting subparagraphs (A) through (D)
appropriately;

(iii) in paragraph (4)--

(I) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and indenting
appropriately;
(II) by striking ``(4) The following'' and inserting the
following:

``(4) Priority.--
``(A) In general.--The following''; and

(III) by striking ``The Secretary and the States'' and
inserting the following:

``(B) Rural areas.--The Secretary and the States'';
(iv) by striking ``(5) Camps'' and inserting the following:
``(5) Camps.--Camps''; and
(v) by striking ``(6) Service institutions'' and inserting
the following:
``(6) Government institutions.--Service institutions''.
(6) Report on impact of procedures to secure state school
input on commodity selection.--Section 14(d) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1762a(d)) is
amended by striking the matter that follows paragraph (5).
(7) Rural area day care home pilot program.--Section 17 of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1766) is amended by striking subsection (p).
(8) Child and adult care food program training and
technical assistance.--Section 17(q) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766(q)) is
amended by striking paragraph (3).
(9) Pilot project for private nonprofit state agencies.--
Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) is amended by striking subsection (a).
(10) Meal counting and application pilot programs.--Section
18(c) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769(c)) is amended--
(A) by striking paragraphs (1) and (2);
(B) by redesignating paragraphs (3) and (4) as paragraphs
(1) and (2), respectively; and
(C) in paragraph (1) (as so redesignated), by striking ``In
addition to the pilot projects described in this subsection,
the Secretary may conduct other'' and inserting ``The
Secretary may conduct''.
(11) Milk fortification pilot.--Section 18 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1769) is
amended by striking subsection (d).
(12) Free breakfast pilot project.--Section 18 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769)
is amended by striking subsection (e).
(13) Summer food service residential camp eligibility.--
Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) is amended by striking subsection (f).
(14) Accommodation of the special dietary needs of
individuals with disabilities.--Section 27 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769h) is
repealed.
(b) Child Nutrition Act of 1966.--
(1) State administrative expenses minimum levels for 2005
through 2007.--Section 7(a)(1) of the Child Nutrition Act of
1966 (42 U.S.C. 1776(a)(1)) is amended--
(A) in subparagraph (A), by striking ``Except as provided
in subparagraph (B), each fiscal year'' and inserting ``Each
fiscal year'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B).
(2) Fruit and vegetable grants under the special
supplemental nutrition program for women, infants, and
children.--Section 17(f)(11) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(f)(11)) is amended--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as subparagraph (C).

SEC. 442. USE OF UNSPENT FUTURE FUNDS FROM THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009.

Section 101(a) of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 120) is
amended--
(1) in paragraph (1), by inserting before the period at the
end ``, if the value of the benefits and block grants would
be greater under that calculation than in the absence of this
subsection''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Termination.--The authority provided by this
subsection shall terminate after October 31, 2013.''.

SEC. 443. EQUIPMENT ASSISTANCE TECHNICAL CORRECTION.

(a) In General.--Notwithstanding any other provision of
law, school food authorities that received a grant for
equipment assistance under the grant program carried out
under the heading ``FOOD AND NUTRITION SERVICE CHILD
NUTRITION PROGRAMS'' in title I of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123
Stat. 119) shall be eligible to receive a grant under section
749(j) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111-80; 123 Stat. 2134).
(b) Use of Grant.--A school food authority receiving a
grant for equipment assistance described in subsection (a)
may use the grant only to make equipment available to schools
that did not previously receive equipment from a grant under
the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5; 123 Stat. 115).

SEC. 444. BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in

[[Page H7800]]

the Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.

SEC. 445. EFFECTIVE DATE.

Except as otherwise specifically provided in this Act or
any of the amendments made by this Act, this Act and the
amendments made by this Act take effect on October 1, 2010.

The SPEAKER pro tempore. Pursuant to House Resolution 1742, the
gentleman from California (Mr. George Miller) and the gentleman from
Minnesota (Mr. Kline) each will control 30 minutes.
The Chair recognizes the gentleman from California.
Mr. GEORGE MILLER of California. I yield myself such time as I may
consume.
Mr. Speaker, today I rise for our Nation's children, for the poorest
children in our country who are hungry and malnourished. I rise because
children need our help. Child nutrition is not a political issue. It's
not a partisan issue. It's a question of what's a moral thing to do for
our children. It's about being on the right side of history and
ensuring a healthy and productive future for our country. Our children
will make and determine our future, and that is what is at stake.
In a country as great as ours, no child should go hungry, but, in
fact, millions of children do go hungry at various times throughout the
year and very often throughout the day. And the fact of the matter is
we cannot afford to let that continue.
At the same time we are in the middle of this crisis of food
insecurity, it's called, better known as hunger. We also face the
public problem of obesity. And what we understand and what we know is
that our schools, through the school nutrition programs and other
programs that serve nutritional meals to children, are an opportunity
to educate them about eating better, eating healthier. This legislation
addresses those concerns because it provides the resources necessary so
that we can improve the meal selection for our children in the various
feeding programs.
It's very important for us because it also provides for increased
transparency of the program, for increased efficiency of the program,
for increased simplicity of the program both for parents who are
enrolling their children, for school districts who are enrolling and
accountable for those children and for those meals. Those combinations
of accountability and transparency for healthier meals should be a goal
and is the goal, in fact, of this Congress and of this Nation.
It also provides accountability within the legislation, and it also
provides the means by which we can assure that we will have healthy
foods during the school day for the children and in other educational
settings and care settings for these children so that we can also
address the problems of childhood obesity.
We have had hearings in our committee where we have had experts from
various scientific organizations and health organizations, that we now
have very young children presenting with adult diseases and illnesses.
We spend some $140, $150 billion on the excess costs of obesity, much
of which starts with children, with their diet.
That's what this legislation is really about, is making sure that we
can, in fact, provide for a healthier school-age population, a smarter
school-age population about the foods that they choose, a better meal
program for them, and increased simplicity and transparency and
accountability for those who administer the program.
With that, I reserve the balance of my time.
Mr. KLINE of Minnesota. Mr. Speaker, I rise in opposition to S. 3307,
and I yield myself such time as I may consume.
The American people have spoken, and they continue to speak loud and
clear. I have been listening, and I know what I have been hearing in
the Second District of Minnesota is being repeated from coast to coast:
Stop growing government. The people are telling us, Stop spending money
we do not have. It's a simple request and a sensible one, yet it
continues to be ignored.
Today's vote will be among our final acts as we move through the few
remaining days of the 111th Congress. As we cast those votes, we have a
choice to make. Will we continue spending more and increasing the role
of government in Americans' lives, or will we listen to the people and
begin to step on the brakes?
Each of us must make that choice as we cast our votes on the bill
before us. Everyone recognizes the importance of extending child
nutrition programs, but extending these programs does not mean
expanding them. We could extend these programs and improve them with no
added cost to taxpayers. We could listen to our constituents and do
right by our children.
In fact, my Republican colleagues and I tried to do precisely that,
but the Democrats on the Rules Committee denied us the opportunity to
offer such an option on the floor today. Instead, this bill spends
another $4.5 billion on various programs and initiatives and creates or
expands 17 separate Federal programs. It imposes a tax on the middle
class by empowering the U.S. Secretary of Agriculture to require
schools to increase--that's right--require schools to increase the
price they charge families for school meals.
This is a dangerous foray into Federal price controls, and it's one
of many concerns outlined by the National Governors Association and
leading school groups. In fact, the school leaders who would be
responsible for implementing these new requirements have urged us to
vote ``no'' on S. 3307 because of its higher cost for local districts
and its rigid mandates.

{time} 1330

Earlier this month, the American Association of School
Administrators, the Council of the Great City Schools, and the National
School Boards Association told us, ``All of the national organizations
representing the Nation's public school districts do not support the
Senate version of the Child Nutrition reauthorization bill pending
before the House.'' This is a strong statement that should leave every
Member questioning the wisdom of imposing these added costs and
mandates on our school systems.
In fact, the cost of this proposal has been a sticking point
throughout the process. The majority claims this bill is paid for. They
want us to believe we can grow government with no cost or consequences.
But the American people know that's just not true. More spending is
more spending whether or not those dollars are offset elsewhere in the
massive Federal budget. But one offset in this bill is particularly
questionable.
The truth is, at least some portion of the billions the new program
costs is deficit spending. This money was borrowed from our children
and grandchildren in 2009 when it was put in the stimulus; that
borrowed money is simply being redirected today. It was borrowed then;
it is borrowed now.
This bill, with its so so-called pay-for, is merely a stalling
tactic. It obscures government expansion in the short term so this bill
can become law and its spending can become permanent. So here we stand,
playing a shell game with the Federal budget and hoping the American
people do not notice that government continues to grow, spending
continues to expand, and our children continue to fall deeper and
deeper into debt.
Mr. Speaker, I support extending and improving child nutrition
programs. I believe we can do so in a bipartisan way, but that
opportunity is lost with this bill, and so I must oppose it.
I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself 30
seconds. First of all, it's very clear in this legislation that it does
not require school districts to raise any meal prices. In fact, in the
best sense of local control, it lets school districts decide and
determine how they will ensure that there's adequate revenue to support
the paid meal program. We should not have the Federal taxpayers
underwriting the support of meals for those who can afford it as is
required by the law. This bill passed unanimously from the United
States Senate. It passed unanimously because they knew that it is paid
for.
I yield 2 minutes to the gentlewoman from California (Ms. Woolsey), a
member of the committee.
Ms. WOOLSEY. Mr. Speaker, I rise in support of S. 3307 which passed,
by the way, by unanimous consent out of the Senate. And I support it
because it is our responsibility in this wealthy Nation, the United
States of America, to make certain that all children, regardless of
family income, have nutritious

[[Page H7801]]

food so that they will thrive in school and in life and because we know
that a hungry child cannot learn and poor nutrition costs our Nation
far more over time than investing in good nutrition now.
Mr. Speaker, I'm proud to be the author of two provisions of this
bill. One will update, for the first time in 30 years, the nutritional
standards for foods sold in vending machines, a la carte lines and
school snack bars. The other creates a pilot program for schools to
offer organic foods.
We know that child nutrition is at the heart of our social safety net
and the safety of all of our children. And these programs have been
overwhelmingly successful, and they have been cost effective. It's
essential that we reauthorize them and that the administration work
with us to fulfill their commitment to backfill any food stamp funding
after 2013.
I urge all of my colleagues, Mr. Speaker, to vote ``yes'' on S. 3307.
Mr. KLINE of Minnesota. Mr. Speaker, I yield myself such time as I
may consume here to address this issue of a floor on school lunch
prices that can be imposed. I have got a couple of quotes here I would
like to read. One is from the bill and one is from the letter from the
Governors Association where there's a paragraph that says, ``Federally
mandated paid meal price. The bill would establish a Federal mandate
for every paid meal in every school in the country for the first time
ever. Governors join with the school community to strongly oppose this
Federal mandate. The provision will dramatically destabilize fair
market pricing of school meals'' and so forth.
And they get that from the language of the bill itself. In section
205, it says: ``Lower price, in general, in the case of a school food
authority that established a price for a paid lunch in the previous
school year that was less than the difference between the total Federal
reimbursement for a free lunch and the total Federal reimbursement for
a paid lunch, the school food authority shall establish an average
price for a paid lunch that is not less than the price charged in the
previous school year.''
So the Federal Government is coming in and saying, you can't charge
any less; you cannot lower the price of your paid school lunch unless
its meets our requirements. It is, in fact, saying that you can't lower
the price of food even if you would like to do so. It doesn't meet this
requirement.
I reserve the balance of my time.
Mr. GEORGE MILLER of California. I yield 2 minutes to the gentlewoman
from New York, Carolyn McCarthy, the subcommittee chair on this.
Mrs. McCARTHY of New York. Mr. Speaker, I rise today in support of S.
3307, the Healthy, Hunger-Free Kids Act of 2010. I want to also thank
Chairman Miller for his leadership on this issue. I also want to thank
all of our staff who have worked so hard on this bill. Finally, I would
like to thank the nutrition and anti-hunger groups who have helped
raise the awareness of this very important issue, including those in my
district.
In the Healthy Families and Communities Subcommittee, which I chair,
we have worked hard over the last two Congresses on how we should
address many of the important issues through child nutrition
reauthorization, including how we can reduce childhood obesity. I'm
proud that this bill contains provisions from bills which I have
introduced, which will promote nutrition and wellness in child care
settings and support breastfeeding for low-income women.
As a nurse for over 30 years, I have seen firsthand the risks and
illnesses that can result from obesity. Childhood obesity, diabetes,
and heart disease are all on the rise in the United States. And one of
the best tools we have to combat these illnesses is our ability to
apply wholesome and healthy nutrition to children in our schools.
Childhood obesity is found in all 50 States, in both young children and
adolescents. It affects all social and economic levels.
There is no silver bullet to solve childhood obesity. However, the
School Breakfast and Lunch programs can make a great impact because
they may provide more than 50 percent of a student's food and nutrient
intake on school days.
Given the current harsh financial realities for many families in my
district and throughout the Nation, schools have an increasingly
important role to play in providing children with nutritious food
during their days. We also know how critical it is to reach children as
soon as possible. While the bill doesn't include everything our House-
passed bill contained, it is a strong, commonsense, and hopefully
bipartisan effort to improve access to healthy food to all children.
I urge my colleagues to vote ``yes'' on this bill.
Mr. KLINE of Minnesota. Mr. Speaker, I am pleased to yield 3 minutes
to the gentleman from Georgia, Dr. Broun.
Mr. BROUN of Georgia. I thank the gentleman for yielding.
I'm a medical doctor, and I have spent almost four decades of
practicing medicine concerned about child nutrition and about the
health of my patients. Doctors do that as family practitioners and
pediatricians all over this country, all over the world.
But this act is not about child nutrition. It's not about healthy
kids. It's really about an expansion of the Federal Government. And
it's an interference in the school system, so much so that the American
Association of School Administrators, the Council of Great City
Schools, and the National School Boards Association all oppose this
act.
This is not about child nutrition. This is about more government
control. This is not about healthy children. It's about borrowing more
money and putting our children in greater debt. It's not about creating
a better environment for children in the schools. It's about more and
more control from Washington, DC.
And we have just got to stop that. The American people are acting
very strongly against the agenda that this Congress and this President
has shown them in the last 2 years. We saw that on November 2.

{time} 1340

We have got to stop the spending. This is a $4.5 billion bill, and
the pay-for that our colleagues on the other side of the aisle have put
into place is a farce. It's a lie, and it is borrowing more from our
children. This kind of idiocy has to stop. It includes a lot of Federal
mandates. It is going to be extremely costly.
And it does things such as create new programs like an organic food
plot. Now, I eat organic food. I like the taste of free range chicken
and free range beef and organic foods, but we don't need the Federal
Government to promote this kind of stuff. It's crazy.
It also spends taxpayer dollars to federalize nutrition standards. I
am one who believes in proper nutrition. I have talked to my patients
for years and years about proper nutrition, eating properly, taking
care of their diabetes and their hypertension and their hyperlipidemias
and things like that through nutritional means above even prescribing
medication. But the Federal Government has no business setting
nutritional standards and telling families what they should and
shouldn't eat.
This bill contains a lot of hidden costs, hidden costs that are going
to wind up being billions of dollars of more Federal spending. And it
contains mandates on the States.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. KLINE of Minnesota. I yield the gentleman an additional minute.
Mr. BROUN of Georgia. It does give extra mandates on the States, and
the States are already overburdened and suffering financially.
Republicans have an alternative to support child nutrition without
growing government, but we are not able to bring those things to the
floor. Hopefully in the next Congress, we will be able to. We are
extremely concerned about the nutrition of our children, and of adults.
I, as a physician, have been spending most of my adult life talking
about nutrition and health, but this bill is not that. This bill is a
nutrition bill for a bigger government, greater spending, and it must
stop. I encourage my colleagues to vote against this bill. It is
disastrous.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 1 minute to the
Speaker of the House, the gentlewoman from California (Ms. Pelosi).
Ms. PELOSI. Mr. Speaker, I thank the chairman, and I thank
Congresswoman McCarthy, Chairwoman

[[Page H7802]]

DeLauro, Congressman Jim McGovern, all for their leadership in bringing
this important legislation to the floor today. I especially want to
acknowledge the exceptional leadership of First Lady Michelle Obama for
recognizing a tremendous need in our country for proper nutrition for
our children, children who have issues of having the proper nutrition,
having issues about being susceptible to diabetes. So many members of
our caucus in this Congress have participated in this legislation, in
this House, Congresswoman Barbara Lee, the chair of the Congressional
Black Caucus, as have other Members; Leader Hoyer. We all come together
with a shared value, and we come together proudly to support a bill
that passed unanimously, with bipartisan support, passed unanimously in
the United States Senate. I congratulate the Senate for the action that
they took to give us an opportunity to be here today.
When I became Speaker, my first action was to gavel the House to
order on behalf of all of America's children. I feel very proud that
toward the end of this Congress, I have an opportunity to come to speak
for those children as well. I come as a mother and as a grandmother. I
come as one whose children and grandchildren every day pray for the one
in five children in America who lives in poverty. Many of those
children go to sleep hungry at night. How could that be in this, the
greatest country in the world.
This Congress, the United States Senate in a bipartisan way, the
First Lady and the President of the United States have decided to take
action upon the tremendous need our children have. We all know that
this legislation is important for moral reasons. It is also a
competitiveness issue for our country. It is important for children to
learn in order for us to compete internationally. They can't learn if
they are not eating, if they don't have the proper nutrition. So it is
not just about what it means to the children, although that is
foremost. It is what it means to our country, our community, to our
economy.
It is a national security issue as well. Just a little bit of history
that many of you are familiar with, but I will recall, in order to
create the strongest possible military, we must address obesity among
America's children. A little history, the National School Lunch Act was
made law in 1946 as a response to the alarming number of Americans who
were rejected from World War II military service because of diet-
related health problems. That is how we got food stamps and many of the
food initiatives in our country. More than 60 years later, America
faces the same problem: 27 percent of young Americans are unable to
serve in the military because they are overweight. That is why Mission
Readiness, an organization of more than 150 retired military leaders,
is urging Congress to pass this bill.
The faith-based community supports it. The children's organizations
support it. Those who are concerned about nutrition and feeding our
children support it. The military supports this legislation. It will
strengthen our competitiveness, it will improve our military readiness,
and it will honor our commitment to our children. And it does so in a
fiscally responsible way, improving the efficiency and the
effectiveness of Federal child nutrition initiatives and ultimately
saving the taxpayer money.
The United States of America spends $147 billion each year in excess
medical costs treating obesity-related diseases. Indeed, we cannot
afford not to address this problem. We must address this problem.
Again, I commend my colleagues for their leadership over the years. I
know that Congressman George Miller, now chairman of the Education and
Labor Committee, but way back when, before he came to Congress, decades
ago as a staffer in Sacramento, California, worked on child nutrition
issues. So he brings a long history and great commitment in making a
tremendous difference for children and their health.
Again, let us address this moral issue, this competitiveness issue,
this national security issue. Let us join the United States Senate in
passing this legislation with strong bipartisan support for all of
America's children.
Mr. KLINE of Minnesota. Mr. Speaker, I reserve the balance of my
time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 1\1/2\ minutes
to the gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Speaker, the Senate unanimously passed this bill.
Unanimously. I think I understand why, because they understood what I
hope we understand today is the choice that is in front of the country.
You can understand that choice by thinking about where two Americans
are at this moment.
One of them is a second grader who just went through her paces and
classes for the morning. It's now time for lunch. This bill says no
matter how much money her mother and father make, she is going to get a
nutritious, wholesome meal to fuel her for the rest of the day. And,
yes, that is going to cost $4 billion, which is offset by cuts in other
areas of the budget.
The second American is the leader of a huge hedge fund on Wall
Street. He is on his way to lunch at the priciest restaurant in
Manhattan, maybe a $200 or $300 lunch. One of the other issues before
the Congress this week is whether he should get a tax cut that over the
years will cost a dollar for every penny that this bill costs. These
are the two Americans whose considerations are before the House today.

{time} 1350

I don't begrudge the hedge fund manager for the wealth he's
accumulated, the jobs he's created. I don't think we should borrow
money from the Chinese to lower his taxes; but I think, as the
unanimous consent of the Senate thought, that that second grader should
get a wholesome, healthy school lunch, and we should vote ``yes.''
Mr. KLINE of Minnesota. Mr. Speaker, I continue to reserve.
Mr. GEORGE MILLER of California. I yield 1 minute to the majority
leader, the gentleman from Maryland (Mr. Hoyer).
Mr. HOYER. I thank the chairman for yielding. I want to congratulate
the chairman, as the Speaker did, for a lifetime of dedication to
children, to education, and to health care. He has been a giant in all
three of those activities and, in fact, understands the relationship
between all those activities.
I also want to thank the ranking member for his work. I know that
he's not for this bill, so we have a difference there; but I do not
believe, as the previous speaker said on his side of the aisle, that
he's not also for making sure that children have the proper nutrition
and grow up healthy. We have a different perspective on how to get
there.
The Centers for Disease Control tell us that over the past three
decades childhood obesity rates have tripled. Nearly one out of every
five American children between the ages of 6 and 19 is obese. That is a
national crisis. That is a national security crisis. That is a crisis
that we owe morally, ethically, fiscally, and as a national policy to
address. That doesn't just mean a lifetime of health problems for those
children. It means a public health crisis that we all pay for.
One of my favorite phrases is, Life is a series of alternatives,
series of choices, but they're not free choices. Ted Agnew was elected
Governor of the State of Maryland at the same time I was elected to the
Maryland State Senate, and he gave a speech on the east front of the
capitol of our State in Annapolis. One of the phrases in that speech
has stuck with me since January of 1967. He said, The cost of failure
far exceeds the price of progress. I want you to think about that: the
cost of failure far exceeds the cost of progress.
The cost of unhealthy children is far greater than keeping those
children healthy, to facilitating their not only nutritional but health
needs. We pay for the failure to do so in the billions of dollars in
health care costs each year, and we even pay for it in military
readiness, with at least 9 million young adults, think about it, 9
million young adults in America who are too overweight to serve in our
Armed Forces, nine million, according to a coalition of retired senior
military leaders.
So, again, a health issue but a national security issue as well.
We can't reverse the obesity epidemic or solve child hunger
overnight. We recognize that. But we can take an important step towards
getting our

[[Page H7803]]

children healthier food by passing this particular piece of
legislation.
And as has been pointed out time after time, this bill was passed
unanimously in the other body. That means that this is not a partisan
bill. This is not a bill on which there was great disagreement, and we
know in the United States Senate there are people who are very
concerned about the budget deficit, very concerned about growth of
government, very concerned about many of the things that were expressed
on this floor. They unanimously said this is a priority for our country
and we're going to pass it.
This legislation takes important steps to increase access to school
meal programs, improve the standards of the food provided and sold to
our children, and strengthen accountability to produce healthier
results for our children.
Among the bill's most important provisions, it increases
reimbursements for school meal programs so that the food offered can
meet today's health standards, not outdated standards. We've learned a
lot in the last 15 to 20 years. We understand better what creates
healthy children, is helpful or is not, food that may taste good but
leads to obesity.
Now, we all have the opportunity to purchase that. I'm a big
McDonald's eater myself. I understand that luckily whatever metabolism
I have seems to work with respect to my ingesting all of those
McDonald's hamburgers and french fries. I love them and I don't want to
be told I can't have them. But I do know this: I have a great-
granddaughter who's 4 years of age. She's going to be in school pretty
soon. I want to make sure the food she gets in school, whether she buys
it or it's provided for her because she can't afford it--luckily our
family will be able to afford it--is food that will enhance her health,
her well-being, her growth, her intellectual abilities because she will
feel well.

This is a critically important piece of legislation that so many
Members of the Senate and the House have worked so hard on. The bill
also helps schools create and expand breakfast programs because
nutritious breakfasts have been shown to correlate strongly with
improved academic outcomes.
George Bush I was a big proponent of Head Start. One of the reasons
he was a big supporter of Head Start is because he thought it worked.
He thought it worked to make sure that young people have opportunities.
One of those, of course, is having a breakfast so that when they're in
a classroom they're not agonized about hunger. They're focused on
learning.
When families face food insecurity and when schools do too little to
pick up the slack, we are condemning children to higher chances of poor
performance in school and poor health throughout life. This bill will
also provide grants and outreach to increase participation in summer
food service programs so that children can eat healthier food year-
round.
I learned about the importance of those programs firsthand. I'm sure
many of you have done the same on both sides of the aisle. You have
visited programs in your communities that provide children with healthy
meals. I was in La Plata, Maryland, a few months ago, and I saw the
direct benefit to those children of the program that was available to
them there.
Finally, this bill would continue school districts' role in creating
local nutrition and physical activity programs, but it will also ensure
follow-up to see these programs are implemented and that they meet
their goals.
The health of our children has a distinct and direct impact on all of
us, and all of us care about that. It's not a partisan issue. Every
Republican, every Democrat cares about the health of our children. But
caring is not enough. We need to act as well. Saying that we care, as
the Bible tells, faith without works is dead. It's nice to say you have
faith, but if you don't follow that with action, that's somewhat empty.
This is an opportunity to act. This is an opportunity to not only say
that we care about children and their health and their nutrition and
their welfare but it is an opportunity to act and make it so. Let us do
that.
I congratulate all of those who have worked so hard to bring this
bill to the floor, and I urge its adoption.
Mr. KLINE of Minnesota. Mr. Speaker, I am pleased to yield 3 minutes
to the gentleman from east Tennessee, Dr. Roe.
Mr. ROE of Tennessee. Mr. Speaker, I rise in opposition to this
legislation.
You will be hard pressed to find many Members on either side of the
aisle who oppose childhood nutrition programs. No child, no child,
should have to go hungry. That's something all of us agree on.
This bill, however, represents everything that's wrong with Congress
right now. First, we've done virtually no committee consideration of
this legislation. Of other legislation, yes, but not this legislation
we are going to vote on today. The Education and Labor Committee marked
up an entirely different bill. Many Republicans offered amendments in
committee; and like so many other bills in Nancy Pelosi's Congress, no
amendments were permitted on the floor today, none.
Second, this bill spends even more. What the American people have
been saying all year to us is to stop spending money we don't have.
They want us to look for savings within existing programs. If there are
worthy improvements to be made, we can use those savings to make these
programs better, but you can't get out of a ditch if you keep digging
yourself deeper into it, and our fiscal situation is the Grand Canyon
of all ditches.

{time} 1400

Now, I'm sure we're going to hear all about how this spending is
``paid for'' with spending cuts. While that's an improvement over
paying for bills with tax increases, the fact is many on the other side
of the aisle and a host of groups are already insisting that the cuts
be made here today to the food stamp program, or SNAP, as it's now
called, will be restored. How dishonest is it to say a bill is paid for
with spending cuts that we have no intention of keeping in place?
If we defeat this legislation today, we can come back and start
considering each new program today on its own merits. There may be some
improvements to the program which I would vote for--and I'm sure there
are--and I would be happy to work with colleagues on both sides of the
aisle on this program after we have had a chance to carefully review
it; but until then, let's keep the existing program in place.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield 1 minute to a
member of the committee, the gentleman from New Jersey (Mr. Holt).
Mr. HOLT. I thank the chairman.
Mr. Speaker, this important bill will increase the number of children
enrolled in school meals programs, and it will provide more meals for
at-risk children nationwide; it will improve the quality of school
meals; it removes junk food from the schools; it provides nutrition and
wellness for the students, and it increases the reimbursement rate for
schools. This is too important to delay another day.
I want to thank Chairman Miller for including in the bill language
that I wrote on Farm to School improvements, which will provide tens of
millions of dollars in mandatory funding for fresh vegetables.
Now, since I come from New Jersey, it may not be a surprise that I
support bringing Jersey tomatoes and sweet corn into the schools, but
this has real nutritional benefits and educational benefits as well as
improving the economics of local farmers. Of course, it will also help,
as we've heard, fight childhood obesity.
It is important to point out--and I must emphasize this to my
colleague who just spoke--that this is paid for fully by cuts in other
programs, and I pledge to restore any funds borrowed from future years
of food stamp funding to cover this.
Mr. Speaker, I rise today in support of the Healthy, Hunger-Free Kids
Act of 2010 (S. 3307), which will reauthorize important child nutrition
programs and raise the nutritional standards for food served to our
school children in a variety of ways.
The number of obese children in the United States has tripled in the
last 30 years. The Centers for Disease Control and Prevention (CDC)
found that as of 2008 almost 32 percent of our children were either
overweight or obese. Obesity leaves children at risk of developing
adult diseases such as hypertension and Type-2 diabetes, and at
increased risk of developing heart disease and suffering from strokes
and cancer. A study by Mission: Readiness, an organization of retired
senior military

[[Page H7804]]

leaders, found that more than 9 million young adults are too overweight
to join the Armed Services.
In a strange paradox, while childhood obesity has reached epidemic
levels in the United States, so too has childhood hunger. As of 2008,
more than 49 million people in the United States were living in food
insecure households, and more than 16 million of those were children.
That's more than 22 percent of all children living in America. Making
matters worse, more than 17 million people were living in households
that were considered to have ``very low food security,'' a USDA term
meaning one or more people in the household were hungry over the course
of the year because of the inability to afford enough food. In 2008,
the number of people suffering from ``very low food security'' was
double the number in that category in 2000.
We are long overdue in taking decisive action to combat these
problems, and I am pleased that we are taking an important step today.
The Healthy, Hunger-Free Kids Act includes many provisions to combat
childhood hunger. The bill increases the number of children funded in
the school meal program by using existing data to directly certify
eligible children. In addition, it provides funds to states to
establish and expand school breakfast programs in communities with high
levels of children living in poverty. It would also expand the
availability of summer food service programs so more children have
access to nutritious meals year round. To help reduce hunger outside of
school, the bill would allow Child and Adult Care Food Program
providers nationwide to be reimbursed for providing a meal to at-risk
children after school. Altogether, the hunger-prevention provisions in
the bill would provide more than 21 million additional meals to at-risk
children.
The legislation would also combat obesity by making the food served
at school healthier and more nutritious. It requires that all food
served at school meet updated standards that reflect recommendations
made by the Food and Nutrition Board of the National Academy of
Sciences National Research Council, This will finally remove junk food
from schools and ensure that the only meal some children get each day
is nutritious. Further, the legislation increases the reimbursement
rate for schools that comply with these new nutrition standards. This
represents the first increase in reimbursement rates in 30 years. The
bill also requires schools participating in the school lunch program to
offer drinking water in the location where meals are served, while they
are being served, and to establish school wellness policies.
I am particularly pleased that my legislation, the Farm to School
Improvements Act, is included in the Healthy, Hunger-Free Kids Act. The
farm to school provisions in the bill establish a program through which
schools, agricultural producers, nonprofit organizations, agencies and
Indian Tribes can obtain competitive matching grants to increase the
use of locally-supplied foods in schools participating in the school
lunch or breakfast programs. Priority in awarding the grants goes to
projects that, among other things, make local food products available
on the school menu, serve a high proportion of children who are
eligible for free or reduced price lunches, and incorporate
experiential nutrition education activities such as farming and growing
school gardens in curriculum planning. The bill provides $40 million in
mandatory finding over 8 years to support farm to school programs.
When he testified in July at the hearing on this legislation in the
House Committee on Education and Labor, U.S. Secretary of Agriculture
Tom Vilsack said that we cannot ``delay the connection between the farm
and school.'' It is a crucial link between children and their food
supply. Similarly, Beth Feehan, Director of the New Jersey Farm to
School Network said ``[w]e can't be penny wise and a pound foolish with
this one. What we feed children will determine their health as adults--
how well they learn and perform in all areas of their lives. . . . When
our military states that [it] cannot command enough recruits due to the
increase in obesity in the eligible population who can serve, it is
time to take a serious look at what we are feeding children and make
improvements now.'' I am pleased that we are doing that today.
In these challenging fiscal times, every dollar we spend must not
only meet immediate needs but also make lasting improvements for the
future. Because school food programs currently provide more than half
of the daily nutrition for many children, it is vital that these meals
be healthy ones. Farm to school programs increase the availability of
fresh fruits and vegetables to improve our children's daily nutrition
and can lead to permanent improvements in their diets and eating
habits.
Farm to School programs also benefit small- and mid-sized
agricultural producers by providing access to consistent markets,
making them a great stimulus for the local economy. Currently, 10,000
farm to school programs exist, but there are 94,000 public and
nonprofit private schools operating school lunch programs that could
offer one.
I would like to take a moment to thank Megan Lott of the Community
Food Security Coalition, Beth Feehan, the Director of the New Jersey
Farm to School Network, and Gabrielle Serra of the House Committee on
Education and Labor for helping to make this program a reality.
I was delighted when the House recognized the critical importance of
farm-to-school programs by passing my House Resolution 1655 in
November, to establish October as National Farm to School Month. Today,
I am pleased to support the Healthy, Hunger-Free Kids Act, and I urge
my colleagues to do the same.
Mr. KLINE of Minnesota. Mr. Speaker, may I inquire as to the time
remaining on both sides.
The SPEAKER pro tempore. There are 18\1/2\ minutes remaining on both
sides.
Mr. KLINE of Minnesota. I reserve the balance of my time.
Mr. GEORGE MILLER of California. I yield 1 minute to a member of the
committee, the gentleman from Iowa (Mr. Loebsack).
(Mr. LOEBSACK asked and was given permission to revise and extend his
remarks.)
Mr. LOEBSACK. I want to thank Chairman Miller and staff for working
to move the reauthorization of this bill forward.
Mr. Speaker, this really is a historic bill; and while not perfect,
it is nonetheless a vast improvement over the status quo. As was
mentioned already a number of times, it passed unanimously in the
Senate.
I am pleased that this legislation includes provisions from
legislation that I introduced to ensure that over 110,000 more children
receive school meals and are automatically enrolled for those meals,
saving parents and schools time and money and cutting red tape, while
also ensuring that our Nation's children are, in fact, getting adequate
nutrition.
It also includes provisions that will improve the quality and
healthfulness of school food products and processing, and it will give
schools a new option to provide universal free meals.
This bill also makes a strong commitment to healthy foods through the
Farm to School program, as was just mentioned, and it provides the
first increase in the meal reimbursement rate in over 30 years.
I urge support for this legislation, not only for our children's
current health, but for their future health as adults as well. I urge
the passage of this legislation.
I want to first thank Chairman Miller and Chairwoman Lincoln and
their staff for working to pass this bill and moving child nutrition
reauthorization forward. This is a historic bill, and while not
perfect, is a vast improvement over the status quo.
I am pleased that a number of provisions from legislation I
introduced are included in this legislation. I was happy to introduce
in the House, along with Chairwoman Lincoln in the Senate, the Healthy
Food for Healthy Schools Act, which is included in this bill.
I am also pleased that this bill includes a number of provisions from
the Hunger Free Schools Act I introduced in the House and Senator Brown
introduced in the Senate.
The primary goals of the Hunger Free Schools Act are to increase
access to the school meals programs, enhance children's learning,
support a robust farm and food economy, and also lessen the
administrative cost and burden on our schools.
Even in this day and age, the U.S. Department of Agriculture (USDA)
reported that in 2009, over 450,000 families with children had one or
more children who did not get enough to eat. In my eyes, this is simply
unacceptable in the wealthiest and most advanced nation on earth.
I truly believe this legislation takes major steps to address these
issues in the place where our children learn and grow. In order to
prepare our children to compete in an increasingly global economy, we
must make childhood nutrition a priority. By automatically enrolling
low-income children for free school meals to ensure that no hungry
child misses out on critical nutrition, we are taking important steps
to address these issues.
That is also why, in the Hunger Free School Act, we included
provisions to make it easier for high-poverty schools to offer free
meals to all students through community eligibility and to make it
easier for low-income students to get free meals no matter where they
attend school.
The legislation before us today includes a number of these provisions
from the Hunger Free Schools Act. I would like to share some specifics
about what S. 3307 will do with respect to community eligibility and
automatic enrollment.

[[Page H7805]]

This legislation includes new options designed to make it much easier
for high-poverty schools and districts to focus their efforts on
educating children rather than administrative burdens and paperwork.
The new options, which are known as community eligibility options, draw
on reliable data to replace paper applications, significantly reducing
administrative hassles and even costs for families and for schools.
Schools that participate in community eligibility options would serve
all meals free of charge to students in exchange for the
simplifications of not having to process applications or track
eligibility in the cafeteria. We have to make sure, however, that we
don't replace one bureaucratic process that plagues schools with
another process of complicated formulas and reimbursement rates.
The community eligibility provision included in this bill is targeted
at the poorest schools in America. The goal is that these schools are
able to serve all kids free meals so that no low-income child feels a
stigma for needing these meals, they all get the meals they need to
learn, and we help streamline the operation of the meal program.
This should allow schools to spend time on teaching and improving
school meals rather than paperwork. While implementing the community
eligibility portion of this legislation after it is signed into law,
USDA should work to make it as easy as possible for schools to
participate and should avoid unnecessary barriers or complexities. We
need to focus on the goal of getting high-poverty schools to
participate to make progress on reducing hunger.
Another important provision included in S. 3307 I was happy to work
on is an expansion of automatic enrollment and direct certification.
The Child Nutrition and WIC Reauthorization Act of 2004 phased in a
requirement that schools automatically enroll children in households
receiving benefits through the Supplemental Nutrition Assistance
Program (SNAP, formerly the Food Stamp Program) for free school meals
so that families that have already sought help and provided detailed
information will not have to go through a duplicative application
process, thereby saving school districts time and money.
Obviously the goal was to have every school district automatically
enrolling every one of those children. For a number of reasons, states
miss nearly three in ten children who could benefit from automatic
enrollment and some states miss half the children who could benefit.
While we have not yet achieved the goal of automatically enrolling
every child, schools have made good progress and this legislation will
put in place incentives for further progress.
S. 3307 will put in place performance standards beginning with
reaching 80 percent of children eligible for automatic enrollment based
on SNAP data and increasing to 95 percent. States that have trouble
meeting this standard will develop improvement plans and states that
perform especially well or show dramatic improvement will receive
performance bonuses. The Congressional Budget Office (CBO) estimates
that an average of 4,500 low-income children will receive free school
meals for the first time as a result of these changes.
While not as strong as provisions I included in the Hunger Free
Schools Act, S. 3307 will importantly launch a demonstration project to
expand direct certification through the use of Medicaid data for
automatic enrollment for free school meals. Due to the funding
situation we are faced with, the demonstration project focuses on the
use of Medicaid data by selected school districts around the country.
CBO estimates that 115,000 children each year will receive free school
meals for the first time as a result of this demonstration project and
many more who are already receiving free meals will be automatically
enrolled for the first time by using the new Medicaid data.
Unfortunately, as I mentioned, due to funding constraints, there are
millions more children who are eligible for free school meals and
receive Medicaid, but who will not benefit from this expansion of
direct certification. Fortunately, the USDA can do a great deal to
reach them within the Department. I urge USDA to use its standing
authority to conduct additional demonstration projects to explore the
use of Medicaid data to enroll low-income children for free school
meals.
Granted, the use of Medicaid data for direct certification is more
complicated than SNAP data because states may set income limits for
children receiving Medicaid that are higher than the income limits that
apply to free meals offered through the school meals programs. To take
Department-level steps to remedy this situation, USDA could study an
array of different approaches to using Medicaid data for school meals
enrollment, including statewide approaches.
Alongside my enthusiasm for these provisions, however, is concern
that this bill is partly funded by reducing future SNAP benefits that
were increased above normal levels as a result of the American Recovery
and Reinvestment Act. As we all know, SNAP benefits stave off hunger
for millions of low-income families, including many of the same
families and children we try to help through the child nutrition
programs.
I am pleased the Administration has stated their intention to work
toward the restoration of this SNAP funding in the future and their
intention to take additional steps to make improvements on a
Department-level to the child nutrition programs. I hope USDA will look
at provisions in the Hunger Free Schools Act for some ideas on
potential improvements.
Despite the issue with SNAP benefits, this bill provides numerous
benefits for children and schools and is truly a historic commitment to
child nutrition. The bill also makes a strong commitment to healthy
foods through the Farm to School program and provides the first
increase in the meal reimbursement rate in over 30 years. The
provisions of the Hunger Free Schools Act that are included will make
important strides to modernize the school meals program and make it
easier for low-income children to get the school meals they need, while
providing a base upon which USDA may build.
By the time we begin work on the next child nutrition
reauthorization, I hope these provisions I have discussed will have
ensured that schools sewing low-income children are providing free
meals to all students using community eligibility options, every
student in a household receiving SNAP benefits are automatically
enrolled for free school meals, and thousands more children are
directly certified through Medicaid data.
Most importantly, I hope children will be healthier, will have a
better learning environment, and that our child nutrition programs will
be fulfilling our commitment to ending childhood hunger.
Mr. KLINE of Minnesota. I continue to reserve the balance of my time.
Mr. GEORGE MILLER of California. I yield 1 minute to a member of the
committee, the gentlewoman from California (Ms. Chu).
Ms. CHU. How could the wealthiest country in the world have a
situation where 22 percent of its children are hungry? Children like
Michael, a fourth-grader. His mom works two jobs, and it's hard for her
to cook, so Michael stuffs three sandwiches in his backpack during
lunch, making the school lunch program his only guaranteed meal.
This bill will make it easier for more children like him to have at
least one healthy meal a day. Kids who are fed aren't just healthier;
they succeed. Children who eat breakfast at school do better on
standardized tests than those who skip it or eat at home.
But that's not all. We heard some school districts are balancing
their budgets by using school lunch dollars for other purposes. So I
introduced a bill to ensure Federal nutrition money actually goes
toward feeding our needy children--it is included here--ensuring that
our tax dollars go where they are supposed to.
This bill was unanimously passed in the Senate and is fully paid for.
Let's pass this bill, and let's ensure that our kids are fed.
Mr. KLINE of Minnesota. Madam Speaker, I yield myself 2 minutes just
to address an issue that we have talked about a number of times.
Both sides have referred to organizations that support or oppose this
legislation. For a moment, I just want to go to a letter that has been
referred to from the American Association of School Administrators, the
Council of the Great City Schools, and the National School Boards
Association. They represent the State and local officials who actually
have to implement this law that we are preparing to pass here in
Congress. There are just a couple of excerpts from the letter which I
will quote:
``The bill adds multiple new requirements while failing to reimburse
these additional costs.''
``School districts continue to financially subsidize the Federal
meals program at the expense of our primary responsibility, our
students' educational program.''
``The numerous new requirements in S. 3307 will exacerbate these
operational concerns and drive school districts' budgets further in the
hole. Notably, none of the interest groups or celebrities promoting
this bill bear the governmental and legal responsibility of school
district officials to deliver services with an annual balanced
budget,'' and so forth.
This bill will drive up costs and complexities for school districts,
and that is not the direction in which we should be going.

[[Page H7806]]

American Association of School Administrators; Council of
the Great City Schools; National School Board
Association,
November 15, 2010.
House of Representatives,
Washington, DC.
Dear Representative: All of the national organizations
representing the nation's public school districts do not
support the Senate version of the Child Nutrition
reauthorization bill (S. 3307) pending before the House. The
bill does not provide sufficient resources to cover the local
cost of providing the federal free and reduced-priced lunches
and breakfasts. Moreover, the bill adds multiple new
requirements while failing to reimburse these additional
costs. The Senate bill is actually less supportable than the
House version of the child nutrition bill. As a result, the
nation's school administrators, school boards, and big city
school districts recommend passing a simple extension of
current law.
School districts recognize the importance of providing
healthy meals and snack options for school children, and
support updating the nutritional standards for the National
School Lunch and Breakfast Programs. But, school districts
continue to financially subsidize the federal meals program
at the expense of our primary responsibility, our students'
educational program.
U.S. Department of Agriculture studies document that school
districts' cost of providing free lunches exceeds the federal
reimbursement by over thirty cents per meal, or an annual
cost of $54,000 for school districts serving 1,000 students
daily--the equivalent cost of retaining a teacher. In high
cost areas, the un-reimbursed cost can be significantly more.
The numerous new requirements in S. 3307 will exacerbate
these operational concerns, and drive school districts'
budgets further in the hole. Notably, none of the interest
groups or celebrities promoting this bill bears the
governmental and legal responsibility of school district
officials to deliver services with an annual balanced budget.
School districts simply request that Congress pay for the
costs of the federal free and reduced priced school meals,
and refrain from imposing new federal requirements
particularly in this economic environment. Much attention has
been directed to the use of food stamp funds (SNAP) to pay
for or offset the cost of the Senate's Child Nutrition bill.
Unfortunately, little attention has been focused on the drain
of local school district funds to pay for or offset the
continuing un-funded costs of the federal free and reduced-
priced school meals. We, therefore, recommend a ``no'' vote
on S. 3307 and passage of a simple extension of the current
programs.
Sincerely,
Noelle Ellerson,
American Association of School Administrators.
Jeff Simering,
Council of the Great City Schools.
Lucy Gettman,
National School Boards Association.

I reserve the balance of my time.
Mr. GEORGE MILLER of California. I yield 2 minutes to the gentleman
from California (Mr. Farr).
(Mr. FARR asked and was given permission to revise and extend his
remarks.)
Mr. FARR. Madam Speaker, I would like to, first of all, praise the
grandmother leadership of Speaker Pelosi and the leader of the
committee, George Miller. There are no two legislators in the history
of the United States Congress who have done more for children than
Nancy Pelosi and George Miller, and I am really proud to come down and
support the bill that they are supporting.
Look, the largest cost to the United States Government is health
care. It's a no-brainer that, if you want to cut the costs of
government, you have got to invest in wellness. The biggest investment
in wellness is children. We can't just be concerned with what we are
putting in their minds without being equally concerned with what we are
putting in their stomachs. You can't grow a healthy America without
nutrition, and we have paid little attention to it.
This bill is the start--it is the beginning--of better wellness in
America and of healthier kids with healthier minds so that we can grow
to be a competitive country and a healthy country and can bring down
the costs of government.
For you who are opposing this bill, it's nonsensical. It's one of
those issues where you raise the cost of everything but have no
understanding of the value of what you are trying to defeat. The value
is a healthier America. That brings down costs.
It is important that we get fresh grown vegetables and fresh grown
fruit into our classrooms and get away from all of this processed
stuff. Obesity is a huge problem in America. Kids can't qualify to get
into the military. Diabetes, which is one of the fastest growing
diseases, can be prevented, and it starts with this. It starts with
this.
This is a good bill. We ought to all support it just like all the
Senators have supported it.

Announcement By the Speaker Pro Tempore

The SPEAKER pro tempore (Ms. DeGette). Members are reminded to
address their remarks to the Chair.
Mr. KLINE of Minnesota. Madam Speaker, I continue to reserve the
balance of my time.
Mr. GEORGE MILLER of California. Madam Speaker, I yield myself 1
minute.
The suggestion has been made by speakers on the other side that
somehow this really isn't about a child nutrition bill, that somehow
this isn't about child nutrition and the well-being of our
schoolchildren.
The fact of the matter is that's what this bill is all about, and
that's what this bill is directed to do. That's why it has received the
support of the American Dental Association, the American Diabetes
Association, the American Dietetic Association, the American Public
Health Association, and the American School Health Association. These
are the people who are intimately involved with the health of America's
young children. These are the people who are with them in school
settings. They see what happens when children don't have proper
nutrition throughout the day, and they see the impact it has on their
ability to learn, on their ability to focus, and on their ability to
participate in class.

{time} 1410

That's why this legislation is so important. That's why it has such
broad support in the entire nutritional community, in the health care
community, in the religious community, in the farm community, and in
our urban communities, because they understand the importance of this
to the well-being of these children and to the budget of our Nation
when we have spent over $147 billion dealing with obesity and diabetes
in our society, and we know that it starts, much of it, with a bad
diet.
Madam Speaker, I yield 2 minutes to the gentlewoman from California,
Ms. Barbara Lee, the chair of the Congressional Black Caucus.
Ms. LEE of California. Let me first thank the chairman for his
leadership and for yielding and for his longstanding commitment and
support for child nutrition programs and for our children.
On behalf of the Congressional Black Caucus, first of all I want to
thank our Speaker, Congresswoman DeLauro, and, again, Chairman Miller
for their leadership. I have to thank the First Lady for her commitment
to child nutrition and for launching the Let's Move program to fight
childhood obesity. This program supports the First Lady's goal by
reauthorizing and expanding our child nutrition programs to provide
healthy, nutritious meals to our Nation's needy children.
The Census Bureau's latest poverty statistics show that poverty is
rampant throughout America in both Democratic and Republican districts.
Let me just say, Madam Speaker, I personally know the value of these
child nutrition programs. When I was a single mother on public
assistance, raising two sons and going to college, I relied on school
lunch programs for my children and I was on food stamps. This was
really the only way, mind you, that I could feed my kids during some
very difficult times.
Unfortunately, this bill, however, feeds low-income children at the
expense of the food stamp program. I know that the President and First
Lady share this concern--I know Chairman Miller, our Speaker,
Congresswoman DeLauro, the entire body shares this concern--and I know
that the President will do everything that he can do to restore these
unconscionable cuts, as he guaranteed to us yesterday. He has a deep
commitment to our children and to our families, and his leadership on
this bill really does demonstrate that.
Today, more people are falling into poverty. Unemployment is at 9.6
percent, and double that in the black and Latino communities. We've got
record foreclosures, and we still haven't

[[Page H7807]]

passed an unemployment insurance compensation benefit package. We
haven't extended this for those who desperately need help.
Addressing the deficit on the backs of the poor while arguing for a
$700 billion tax cut for the wealthy is really not who we are as a
country. So I urge my colleagues on both sides of the aisle to join us,
to join the CBC in supporting this bill.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. GEORGE MILLER of California. Madam Speaker, I yield the
gentlewoman 30 additional seconds.
Ms. LEE of California. Thank you, Mr. Chairman.
This really should not be a Republican or a Democratic or a Green or
an Independent issue. Providing a safety net for those in need during
dire economic times is a moral and ethical responsibility that we have.
The Congressional Black Caucus, of course, has always been known as
the ``conscience of the Congress,'' and we recognize that, while not
perfect, this is a bill that will create healthier children, healthier
families, and a healthier country.
And so we thank President Obama, Speaker Pelosi, Chairman Miller, and
our leadership team for moving this bill forward, and we look forward
to continuing to work with you to restore the cuts which have been made
to the food stamp program.

[From the Census Bureau]

United States--Congressional Districts by State; and for Puerto Rico
(111th Congress)

GCT1701. Percent of People Below Poverty Level in the Past 12
Months (For Whom Poverty Status Is Determined)

Universe: Population for whom poverty status is determined

Data Set: 2009 American Community Survey 1-Year Estimates

Survey: American Community Survey, Puerto Rico Community
Survey

NOTE--FOR INFORMATION ON CONFIDENTIALITY PROTECTION, SAMPLING ERROR,
NONSAMPLING ERROR, AND DEFINITIONS, SEE SURVEY METHODOLOGY.
------------------------------------------------------------------------
Margin
Geographic area Percent of error
------------------------------------------------------------------------
United States 14.3 0.1
Alabama............................................. 17.5 0.5
District 1...................................... 18.1 1.3
District 2...................................... 19.9 1.4
District 3...................................... 19.6 1.4
District 4...................................... 18.4 1.4
District 5...................................... 13.0 1.1
District 6...................................... 9.1 1.0
District 7...................................... 26.7 1.6
Alaska.............................................. 9.0 0.8
One District (At Large)......................... 9.0 0.8
Arizona............................................. 16.5 0.4
District 1...................................... 20.1 1.5
District 2...................................... 11.0 0.9
District 3...................................... 12.7 1.6
District 4...................................... 31.8 2.2
District 5...................................... 12.2 1.2
District 6...................................... 10.0 1.2
District 7...................................... 23.2 1.9
District 8...................................... 13.3 1.4
Arkansas............................................ 18.8 0.6
District 1...................................... 21.7 1.2
District 2...................................... 15.4 1.4
District 3...................................... 17.5 1.3
District 4...................................... 21.4 1.3
California.......................................... 14.2 0.2
District 1...................................... 15.0 1.1
District 2...................................... 15.8 1.2
District 3...................................... 9.6 1.0
District 4...................................... 8.5 0.9
District 5...................................... 21.1 1.7
District 6...................................... 8.7 0.9
District 7...................................... 12.0 1.5
District 8...................................... 12.7 1.1
District 9...................................... 15.6 1.5
District 10..................................... 8.3 1.1
District 11..................................... 8.2 1.1
District 12..................................... 5.9 0.8
District 13..................................... 7.6 1.1
District 14..................................... 8.3 1.0
District 15..................................... 7.5 1.0
District 16..................................... 12.6 1.5
District 17..................................... 17.5 1.7
District 18..................................... 23.9 1.7
District 19..................................... 15.7 1.5
District 20..................................... 29.9 1.9
District 21..................................... 20.2 1.5
District 22..................................... 15.9 1.4
District 23..................................... 16.4 1.2
District 24..................................... 8.8 1.0
District 25..................................... 16.4 1.5
District 26..................................... 6.7 1.0
District 27..................................... 12.4 1.5
District 28..................................... 18.4 1.5
District 29..................................... 12.0 1.3
District 30..................................... 10.0 1.0
District 31..................................... 26.2 1.7
District 32..................................... 15.4 1.4
District 33..................................... 20.6 1.3
District 34..................................... 25.5 2.2
District 35..................................... 20.6 1.6
District 36..................................... 11.8 1.4
District 37..................................... 20.9 1.8
District 38..................................... 13.9 1.6
District 39..................................... 14.3 1.3
District 40..................................... 11.0 1.4
District 41..................................... 17.4 1.3
District 42..................................... 5.4 1.0
District 43..................................... 21.0 1.9
District 44..................................... 11.2 1.3
District 45..................................... 14.7 1.3
District 46..................................... 8.9 1.1
District 47..................................... 18.6 1.7
District 48..................................... 7.3 0.9
District 49..................................... 11.5 1.1
District 50..................................... 8.5 1.1
District 51..................................... 17.4 1.5
District 52..................................... 10.4 1.4
District 53..................................... 19.1 1.8
Colorado............................................ 12.9 0.4
District 1...................................... 18.8 1.4
District 2...................................... 11.6 1.2
District 3...................................... 14.0 1.1
District 4...................................... 16.0 1.3
District 5...................................... 11.6 1.0
District 6...................................... 4.7 0.7
District 7...................................... 15.3 1.5
Connecticut......................................... 9.4 0.5
District 1...................................... 10.2 1.0
District 2...................................... 6.9 0.7
District 3...................................... 10.7 1.1
District 4...................................... 9.5 1.1
District 5...................................... 9.7 1.0
Delaware............................................ 10.8 1.1
One District (At Large)......................... 10.8 1.1
District of Columbia................................ 18.4 1.6
Delegate District............................... 18.4 1.6
Florida............................................. 14.9 0.2
District 1...................................... 16.4 1.5
District 2...................................... 19.1 1.3
District 3...................................... 26.3 1.9
District 4...................................... 11.9 1.2
District 5...................................... 14.2 1.1
District 6...................................... 14.3 1.2
District 7...................................... 13.0 1.0
District 8...................................... 13.0 1.1
District 9...................................... 11.1 1.6
District 10..................................... 11.7 1.2
District 11..................................... 20.9 1.3
District 12..................................... 17.0 1.3
District 13..................................... 13.8 1.1
District 14..................................... 11.6 1.1
District 15..................................... 12.9 1.2
District 16..................................... 14.3 1.2
District 17..................................... 23.5 1.6
District 18..................................... 18.0 1.2
District 19..................................... 10.9 1.2
District 20..................................... 10.7 1.9
District 21..................................... 14.5 1.4
District 22..................................... 11.5 1.4
District 23..................................... 23.9 1.9
District 24..................................... 9.7 0.9
District 25..................................... 14.2 1.7
Georgia............................................. 16.5 0.4
District 1...................................... 19.4 1.5
District 2...................................... 25.3 1.7
District 3...................................... 11.5 1.0
District 4...................................... 19.0 1.6
District 5...................................... 20.9 1.8
District 6...................................... 7.4 0.9
District 7...................................... 11.4 1.1
District 8...................................... 18.3 1.4
District 9...................................... 16.6 1.5
District 10..................................... 20.0 1.3
District 11..................................... 13.0 1.2
District 12..................................... 21.9 1.4
District 13..................................... 15.3 1.4
Hawaii.............................................. 10.4 0.7
District 1...................................... 9.4 0.9
District 2...................................... 11.3 1.2
Idaho............................................... 14.3 0.8
District 1...................................... 14.2 1.1
District 2...................................... 14.3 1.0
Illinois............................................ 13.3 0.3
District 1...................................... 23.0 1.8
District 2...................................... 20.9 1.7
District 3...................................... 10.9 1.5
District 4...................................... 20.9 1.5
District 5...................................... 12.2 1.4
District 6...................................... 6.9 1.1
District 7...................................... 24.0 1.6
District 8...................................... 6.8 1.0
District 9...................................... 13.6 1.4
District 10..................................... 7.1 1.0
District 11..................................... 11.3 1.0
District 12..................................... 18.7 1.2
District 13..................................... 5.0 0.9
District 14..................................... 9.8 1.0
District 15..................................... 16.4 1.4
District 16..................................... 12.8 1.0
District 17..................................... 15.2 1.2
District 18..................................... 12.2 1.0
District 19..................................... 11.9 0.8
Indiana............................................. 14.4 0.4
District 1...................................... 13.4 1.1
District 2...................................... 16.3 1.3
District 3...................................... 12.8 1.1
District 4...................................... 11.2 0.9
District 5...................................... 9.2 0.9
District 6...................................... 15.7 1 2
District 7...................................... 24.0 1.7
District 8...................................... 14.6 1.2
District 9...................................... 14.3 0.9
Iowa................................................ 11.8 0.4
District 1...................................... 12.0 1.1
District 2...................................... 13.3 1.2
District 3...................................... 11.0 1.1
District 4...................................... 10.5 0.8
District 5...................................... 12.1 1.1
Kansas.............................................. 13.4 0.6
District 1...................................... 12.8 1.1
District 2...................................... 15.9 1.0
District 3...................................... 11.8 1.0
District 4...................................... 13.1 1.2
Kentucky............................................ 18.6 0.5
District 1...................................... 17.7 1.2
District 2...................................... 16.6 1.3
District 3...................................... 15.7 1.3
District 4...................................... 14.8 1.1
District 5...................................... 28.9 1.8
District 6...................................... 18.4 1.2
Louisiana........................................... 17.3 0.5
District 1...................................... 12.7 1.3
District 2...................................... 23.0 1.8
District 3...................................... 15.1 1.3
District 4...................................... 17.5 1.3
District 5...................................... 21.2 1.4
District 6...................................... 15.6 1.4
District 7...................................... 17.7 1.4
Maine............................................... 12.3 0.7
District 1...................................... 9.2 0.9
District 2...................................... 15.6 1.0
Maryland............................................ 9.1 0.3
District 1...................................... 8.2 0.7
District 2...................................... 11.0 1.2
District 3...................................... 10.0 1.1
District 4...................................... 7.1 1.2
District 5...................................... 5.5 0.8
District 6...................................... 8.3 0.8
District 7...................................... 15.5 1.4
District 8...................................... 7.9 1.0
Massachusetts....................................... 10.3 0.3
District 1...................................... 12.3 1.0
District 2...................................... 12.4 1.1
District 3...................................... 9.7 1.0
District 4...................................... 9.7 1.0
District 5...................................... 10.4 1.2
District 6...................................... 7.1 0.8
District 7...................................... 8.3 0.9
District 8...................................... 18.1 1.4
District 9...................................... 7.8 1.1
District 10..................................... 7.1 0.9
Michigan............................................ 16.2 0.3
District 1...................................... 15.3 1.0
District 2...................................... 14.8 1.0
District 3...................................... 14.6 1.1
District 4...................................... 17.5 1.1
District 5...................................... 20.6 1.3
District 6...................................... 17.5 1.1
District 7...................................... 13.6 1.1
District 8...................................... 12.2 1.2
District 9...................................... 9.8 1.0
District 10..................................... 10.6 1.0
District 11..................................... 7.9 1.1
District 12..................................... 13.7 1.3
District 13..................................... 31.9 2.0
District 14..................................... 30.5 2.1
District 15..................................... 15.2 1.1
Minnesota........................................... 11.0 0.3
District 1...................................... 11.2 0.9
District 2...................................... 6.4 0.8
District 3...................................... 6.5 1.0
District 4...................................... 14.7 1.3
District 5...................................... 17.0 1.3
District 6...................................... 7.6 0.9
District 7...................................... 12.0 0.8

[[Page H7808]]

District 8...................................... 14.1 1.0
Mississippi......................................... 21.9 0.6
District 1...................................... 19.3 1.1
District 2...................................... 30.3 1.7
District 3...................................... 20.5 1.3
District 4...................................... 18.7 1.6
Missouri............................................ 14.6 0.4
District 1...................................... 20.1 1.6
District 2...................................... 4,8 0.7
District 3...................................... 12.7 1.2
District 4...................................... 14.8 1.1
District 5...................................... 16.0 1.5
District 6...................................... 10.8 0.9
District 7...................................... 18.0 1.4
District 8...................................... 20.5 1.4
District 9...................................... 15.1 1.2
Montana............................................. 15.1 1.0
One District (At Large)......................... 15.1 1.0
Nebraska............................................ 12.3 0.6
District 1...................................... 13.1 1.0
District 2...................................... 11.2 1.1
District 3...................................... 12.8 0.9
Nevada.............................................. 12.4 0.7
District 1...................................... 15.9 1.4
District 2...................................... 12.6 1.2
District 3...................................... 9.3 1.1
New Hampshire....................................... 8.5 0.6
District 1...................................... 8.9 1.0
District 2...................................... 8.1 0.9
New Jersey.......................................... 9.4 0.3
District 1...................................... 11.0 1.1
District 2...................................... 11.5 1.1
District 3...................................... 6.3 0.9
District 4...................................... 7.9 1.0
District 5...................................... 4.4 0.7
District 6...................................... 9.6 1.1
District 7...................................... 4.3 0.7
District 8...................................... 14.5 1.3
District 9...................................... 9.2 1.1
District 10..................................... 17.3 1.5
District 11..................................... 3.5 0.6
District 12..................................... 6.1 1.0
District 13..................................... 17.3 1.6
New Mexico.......................................... 18.0 1.0
District 1...................................... 16.7 1.4
District 2...................................... 21.6 1.9
District 3...................................... 15.8 1.3
New York............................................ 14.2 0.2
District 1...................................... 5.8 1.0
District 2...................................... 4.8 0.9
District 3...................................... 4.3 0.8
District 4...................................... 6.4 0.8
District 5...................................... 11.2 1.0
District 6...................................... 11.6 1.4
District 7...................................... 17.3 1.4
District 8...................................... 16.3 1.3
District 9...................................... 11.6 1.1
District 10..................................... 25.1 1.6
District 11..................................... 20.1 1.7
District 12..................................... 25.1 1.4
District 13..................................... 11.3 1.2
District 14..................................... 9.7 1.0
District 15..................................... 25.0 1.9
District 16..................................... 38.0 2.2
District 17..................................... 15.7 1.1
District 18..................................... 8.8 1.2
District 19..................................... 8.3 1.0
District 20..................................... 8.8 0.9
District 21..................................... 13.0 1.0
District 22..................................... 15.7 1.3
District 23..................................... 14.5 1.0
District 24..................................... 13.9 1.0
District 25..................................... 12.4 1.0
District 26..................................... 9.4 1.0
District 27..................................... 14.7 1.1
District 28..................................... 20.9 1.4
District 29..................................... 11.0 0.9
North Carolina...................................... 16.3 0.3
District 1...................................... 25.2 1.2
District 2...................................... 17.8 1.5
District 3...................................... 14.2 1.2
District 4...................................... 10.6 1.0
District 5...................................... 13.3 1.2
District 6...................................... 13.5 1.6
District 7...................................... 20.8 1.4
District 8...................................... 18.2 1.4
District 9...................................... 10.4 1.1
District 10..................................... 15.9 1.2
District 11..................................... 16.6 1.6
District 12..................................... 21.6 1.3
District 13..................................... 16.6 1.3
North Dakota........................................ 11.7 0.8
One District (At large)......................... 11.7 0.8
Ohio................................................ 15.2 0.3
District 1...................................... 17.8 1.1
District 2...................................... 10.8 1.1
District 3...................................... 13.0 1.1
District 4...................................... 14.1 1.2
District 5...................................... 13.1 1.0
District 6...................................... 16.8 1.3
District 7...................................... 14.9 1.4
District 8...................................... 13.9 1.1
District 9...................................... 16.8 1.3
District 10..................................... 15.2 1.2
District 11..................................... 26.3 1.6
District 12..................................... 13.3 1.1
District 13..................................... 14.5 1.2
District 14..................................... 9.0 1.3
District 15..................................... 18.6 1.3
District 16..................................... 12.9 1.2
District 17..................................... 18.5 1.4
District 18..................................... 17.4 1.2
Oklahoma............................................ 16.2 0.5
District 1...................................... 14.1 1.2
District 2...................................... 20.3 1.2
District 3...................................... 15.5 1.0
District 4...................................... 12.9 1.0
District 5...................................... 18.4 1.3
Oregon.............................................. 14.3 0.5
District 1...................................... 11.2 1.2
District 2...................................... 15.4 1.1
District 3...................................... 13.9 1.4
District 4...................................... 17.4 1.2
District 5...................................... 13.7 1.0
Pennsylvania........................................ 12.5 0.2
District 1...................................... 28.9 1.7
District 2...................................... 24.7 1.9
District 3...................................... 13.5 1.0
District 4...................................... 8.3 0.9
District 5...................................... 15.8 1.1
District 6...................................... 7.4 0.8
District 7...................................... 6.4 0.8
District 8...................................... 3.9 0.6
District 9...................................... 12.5 0.9
District 10..................................... 12.0 0.9
District 11..................................... 13.3 1.2
District 12..................................... 15.3 1.0
District 13..................................... 10.4 1.2
District 14..................................... 20.3 1.5
District 15..................................... 10.0 0.9
District 16..................................... 11.6 1.2
District 17..................................... 10.6 1.0
District 18..................................... 8.0 1.0
District 19..................................... 7.5 0.7
Rhode Island........................................ 11.5 0.8
District 1...................................... 11.9 1.1
District 2...................................... 11.1 1.2
South Carolina...................................... 17.1 0.5
District 1...................................... 14.1 1.0
District 2...................................... 12.3 1.0
District 3...................................... 19.3 1.2
District 4...................................... 15.6 1.2
District 5...................................... 18.5 1.2
District 6...................................... 24.4 1.5
South Dakota........................................ 14.2 1.0
One District (At Large)......................... 14.2 1.0
Tennessee........................................... 17.1 0.4
District 1...................................... 19.2 1.2
District 2...................................... 14.2 1.1
District 3...................................... 18.4 1.2
District 4...................................... 17.8 1.2
District 5...................................... 16.0 1.5
District 6...................................... 15.1 1.2
District 7...................................... 10.4 1.1
District 8...................................... 20.5 1.3
District 9...................................... 24.8 1.9
Texas............................................... 17.2 0.2
District 1...................................... 17.1 1.3
District 2...................................... 13.8 1.1
District 3...................................... 11.0 1.2
District 4...................................... 13.8 1.2
District 5...................................... 14.4 1.5
District 6...................................... 14.3 1.5
District 7...................................... 8.2 1.0
District 8...................................... 13.8 1.1
District 9...................................... 22.2 1.9
District 10..................................... 11.1 1.0
District 11..................................... 15.3 1.0
District 12..................................... 14.0 1.5
District 13..................................... 15.1 1.2
District 14..................................... 12.7 1.1
District 15..................................... 32.0 1.8
District 16..................................... 23.3 1.7
District 17..................................... 20.8 1.3
District 18..................................... 26.2 1.8
District 19..................................... 17.7 1.4
District 20..................................... 24.6 1.8
District 21..................................... 10.0 1.0
District 22..................................... 10.3 1.2
District 23..................................... 19.2 1.5
District 24..................................... 9.5 1.2
District 25..................................... 18.1 1.5
District 26..................................... 14.1 1.3
District 27..................................... 26.9 1.6
District 28..................................... 27.8 1.9
District 29..................................... 24.7 2.0
District 30..................................... 27.8 1.8
District 31..................................... 10.7 0.9
District 32..................................... 17.6 1.7
Utah................................................ 11.5 0.5
District 1...................................... 11.5 1.0
District 2...................................... 10.7 0.9
District 3...................................... 12.3 1.1
Vermont............................................. 11.4 0.9
One District (At Large)......................... 11.4 0.9
Virginia............................................ 10.5 0.4
District 1...................................... 7.6 0.9
District 2...................................... 8.5 1.0
District 3...................................... 19.1 1.4
District 4...................................... 9.8 0.8
District 5...................................... 16.4 1.2
District 6...................................... 14.0 1.2
District 7...................................... 7.5 0.7
District 8...................................... 8.0 1.1
District 9...................................... 18.1 1.5
District 10..................................... 5.4 0.9
District 11..................................... 5.2 0.9
Washington.......................................... 12.3 0.4
District 1...................................... 7.6 1.1
District 2...................................... 11.6 1.1
District 3...................................... 12.9 1.2
District 4...................................... 17.6 1.4
District 5...................................... 16.0 1.1
District 6...................................... 15.4 1.2
District 7...................................... 11.6 1.3
District 8...................................... 6.2 0.8
District 9...................................... 12.4 1.3
West Virginia....................................... 17.7 0.7
District 1...................................... 17.1 1.1
District 2...................................... 13.8 1.2
District 3...................................... 22.6 1.7
Wisconsin........................................... 12.4 0.4
District 1...................................... 10.3 1.1
District 2...................................... 13.2 1.0
District 3...................................... 11.9 0.7
District 4...................................... 25.6 1.7
District 5...................................... 5.7 0.8
District 6...................................... 10.5 0.8
District 7...................................... 12.4 0.7
District 8...................................... 10.4 0.9
Wyoming............................................. 9.8 1.0
One District (At Large)......................... 9.8 1.0
Puerto Rico......................................... 45.0 0.6
Resident Commissioner District.................. 45.0 0.6
------------------------------------------------------------------------
Source: U.S. Census Bureau, 2009 American Community Survey
Data are based on a sample and are subject to sampling variability. The
degree of uncertainty for an estimate arising from sampling
variability is represented through the use of a margin of error. The
value shown here is the 90 percent margin of error. The margin of
error can be interpreted roughly as providing a 90 percent probability
that the interval defined by the estimate minus the margin of error
and the estimate plus the margin of error (the lower and upper
confidence bounds) contains the true value. In addition to sampling
variability, the ACS estimates are subject to nonsampling error (for a
discussion of nonsampling variability, see Accuracy of the Data). The
effect of nonsampling error is not represented in these tables.
Notes:
While the 2009 American Community Survey (ACS) data generally reflect
the November 2008 Office of Management and Budget (OMB) definitions of
metropolitan and micropolitan statistical areas; in certain instances
the names. codes, and boundaries of the principal cities shown in ACS
tables may differ from the OMB definitions due to differences in the
effective dates of the geographic entities.
Estimates of urban and rural population, housing units, and
characteristics reflect boundaries of urban areas defined based on
Census 2000 data. Boundaries for urban areas have not been updated
since Census 2000. As a result, data for urban and rural areas from
the ACS do not necessarily reflect the results of ongoing
urbanization.
Explanation of Symbols:
1. An `**' entry in the margin of error column indicates that either no
sample observations or too few sample observations were available to
compute a standard error and thus the margin of error. A statistical
test is not appropriate.
2. An `-' entry in the estimate column indicates that either no sample
observations or too few sample observations were available to compute
an estimate, or a ratio of medians cannot be calculated because one or
both of the median estimates falls in the lowest interval or upper
interval of an open-ended distribution.
3. An `-' following a median estimate means the median falls in the
lowest interval of an open-ended distribution.
4. An `+' following a median estimate means the median falls in the
upper interval of an open-ended distribution.
5. An `***' entry in the margin of error column indicates that the
median falls in the lowest interval or upper interval of an open-ended
distribution. A statistical test is not appropriate.
6. An `****' entry in the margin of error column indicates that the
estimate is controlled. A statistical test for sampling variability is
not appropriate.
7. An `N' entry in the estimate and margin of error columns indicates
that data for this geographic area cannot be displayed because the
number of sample cases is too small.
8. An `(X)' means that the estimate is not applicable or not available.

Mr. KLINE of Minnesota. Madam Speaker, I reserve the balance of my
time.
Mr. GEORGE MILLER of California. Madam Speaker, I yield 2 minutes to
the gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. I appreciate the gentleman's courtesy as I appreciate
his important leadership on the child nutrition program legislation.
In Oregon, we are the third hungriest State in the country, so there
is much in this legislation that means a difference immediately to
families and children in our State. But indeed, expanding school lunch
meal programs to all 50 States, the $40 million in mandatory farm-to-
school funding, these are all elements that everybody ought to rejoice
about.

[[Page H7809]]

Our children deserve our best, the most nutritious food that we can
give them, and sadly that is not the case with school lunch programs,
as we all know. This bill, while not as good as the bill, Mr. Miller,
that you originally drafted, will help provide more children with
healthy food choices.
I am particularly pleased with the additional farm-to-school funding.
This will help children, teachers, and local farmers. This is exactly
the sort of win-win program we should be focusing on, particularly
during difficult economic times.
We all should be troubled by the decrease in the food stamp funding
that is used to help deal with the financing deficit in this bill. I
hope the administration will indeed work hard with us to find ways to
diminish the cut. It is a sad day when the only way we can feed hungry
children at school is by taking away food from them at home.
At a time when people are talking with a straight face about
borrowing $4 trillion for tax cuts, including hundreds of billions for
the most fortunate of Americans, the notion that we would shortchange
our children in this fashion is regrettable. We can do better.
The legislation, as it is, before us is an important first step, and
I look forward to building upon this foundation so that we can finally
give our children, from coast to coast, the nutrition they need and
deserve.
Mr. KLINE of Minnesota. Madam Speaker, I yield myself 1 minute.
The speakers on my side of the aisle have expressed concern, as
indeed I did, about the pay-for here. This bill proposes to take money
from the SNAP program to pay for this, and we have expressed some
concern that this is something of a shell game for two reasons. One,
it's borrowed money, and if we really want to do some positive things
for our children, we should look at not adding billions and trillions
more to the debt that they're going to have to pay. But we've had
speaker after speaker on the other side of the aisle come down and say
things like, The President has assured me that we're not going to
actually spend this money or that they're going to work tirelessly to
make sure that this pay-for is not in fact the pay-for. So I think the
debate has confirmed our suspicion that in fact the promised pay-for is
really not there.
Madam Speaker, I am pleased to yield 3 minutes to the gentleman from
Utah, a member of the committee, Mr. Bishop.
Mr. BISHOP of Utah. I appreciate the gentleman from Minnesota
allowing me some time.
I come down here in an effort to try and talk, perhaps somewhere
balancing this particular act.
There is nothing wrong with child nutrition. There is nothing wrong
with trying to provide that kids have the opportunity to be well fed so
that they can function in school. There is nothing wrong with the goals
or the desires of those who are sponsoring this legislation.
Admittedly, there is something wrong with allowing the Senate to write
everything and ignoring what the House did and bringing this here on a
closed rule, but that's a process issue.
What I wish to do here today though, more than anything else, is to
plead the 10th Amendment. There are great and noble goals within this
particular bill, but this body is not the only place in which great and
noble goals can be accomplished. When we, in this bill, give the
Secretary of Agriculture the unlimited control and authority to
determine what is food and what is not, what kids will eat and what
they will not, by nature of that action we take away that
responsibility from local school boards, from parents, from local
administrators who actually do care about those kids to a greater
degree than even our compassionate concern on this particular level.
When we, in this bill, now mandate an exercise program in order to
get funds for school lunches--once again, there's nothing wrong with
making kids go outside and exercise. It's noble, but this is not a
school board. Those are the issues in which local government and local
schools and parents and administrators and educators on that level,
that is a prerogative that they should be making because, I hate to say
this, but they do know better to the local initiatives and local needs
of their kids.
When you add 17 new Federal programs in this particular bill, you
automatically, if nothing else, take away the ability of schools to
concentrate on what they think is more significant and more important.
When you, in this bill, allow the Federal Government to establish what
will be paid for a school lunch, you take, once again, flexibility away
from local people to meet the needs of their particular area. There is
nothing wrong with the goals and attitude and hopes of this particular
bill, but we are not a school board.

{time} 1420

That's why they are there. They understand. They care about their
kids. They should be empowered to make these kinds of decisions, not
mandated on how those decisions should be made.
Like I say, I appreciate the sponsor. I appreciate the leader of this
committee. I appreciate his goals. But once again, not every idea has
to germinate in Washington, not every concept has to be authorized,
funded, and regulated in this particular body. I plead the 10th
Amendment.
Mr. GEORGE MILLER of California. I yield 2\1/2\ minutes to the
gentlewoman from Connecticut, Rosa DeLauro and thank her publicly for
all of her work on this legislation and on behalf of our children.
Ms. DeLAURO. I thank the gentleman from California. I thank him for
his entire career as a Member of this House of Representatives and in
the past as being a leading champion on what happens to our kids, their
well-being, their nutrition, and their best interests. And this bill is
another example of his commitment to that effort.
The Hunger-Free Kids Act represents an overdue, a much-needed
recommitment to the health and the well-being of our schoolchildren.
Our kids today are threatened by a growing obesity epidemic. Far too
many kids are struggling and families are struggling with gnawing and
unyielding hunger.
Today, people want to talk about ``food insecurity'' and ``food
hardship.'' Don't let them use those nice words. It's about one out of
four kids going hungry in the United States of America every single
day. We have an opportunity to move forward to address that issue
today.
The Hunger-Free Kids Act will add 115,000 new students into the
school meals program by using Medicaid data to certify eligible kids.
It will provide an additional 21 million meals a year by reimbursing
providers for after-school meals to low-income children.
While expanding access to meal programs, the bill works to improve
the nutritional quality of all of the food in our schools. It sets
national nutrition standards. We're going to get junk food that
infiltrates our classrooms and cafeterias out the door. For the schools
that comply with the revised nutrition standards, it says that there's
a first time reimbursement rate increase. Six cents a meal is what
we're talking about. The first we've seen in over 30 years. And it does
it--all of this that it does is all being fully paid for.
I ask my colleagues on both sides of the aisle: How many programs
that get passed in this Congress are fully paid for? We are paying in
order to feed our kids.
Our kids consume roughly 35 to 50 percent of their daily calories
during the school day. We can pass this bill. They will get enough
nutritious food to stay healthy, to grow, to learn, and to succeed. For
those who say how can we afford this bill right now, we say how can we
afford not to pass it?
Leaving millions of children hungry, leaving millions of children
malnourished in the name of budget cutting is penny wise, it's pound
foolish, and it is unconscionable. Vote for this bill.
Mr. KLINE of Minnesota. I continue to reserve my time.
Mr. GEORGE MILLER of California. Madam Speaker, I yield 1 minute to
the gentlewoman from California (Ms. Richardson).
Ms. RICHARDSON. Thank you, Mr. Chairman.
Madam Speaker, this is a very important bill to all of us. When we
look at what's happening right now in the United States of America,
nearly 5 million women, infants, and children rely upon Federal
nutrition programs such as the National School Lunch Program, the WIC
programs, and the Child and Adult Care Program.
No one has worked harder than our chairman here, Mr. Miller, to be
able

[[Page H7810]]

to protect the American people who are oftentimes struggling between
choosing between food and any other of their priorities that they have.
The key reasons why I'm supporting this bill: It increases the school
lunch funding to help schools offer healthier meals; it limits the
availability of junk food in our schools; and it leverages our public-
private partnerships. But also in honor of our First Lady, who's worked
very hard in this area, and this will give the resources we need to
make those priorities happen.
I commend our chairman. It's way over time, and we need to get this
done so people can eat in these very difficult times.
Mr. KLINE of Minnesota. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, the argument that we have been making in the debate
today is that this really isn't about dietary guidelines or even school
nutrition strategies. The point was made there are a lot of people
caring, from local school boards to Members of Congress and certainly
the First Lady. It's not a debate about keeping our children healthy
and active. We all want to see our children healthy and active. This is
a debate about spending and the role of government and the size of
government, a debate about whether we're listening to our constituents
or not.
Reauthorizing child nutrition should be easy. We should be able to
extend these programs and approve them. We should be able to do that
without adding to the cost. I'm confident Members on both sides of the
aisle would welcome the opportunity to do just that at no new cost to
taxpayers. Unfortunately, that option is not on the table today.
Instead, we are voting on yet another bill that calls for the
government to grow, expand, to spend more and intrude more, and I am
arguing that this bill is in fact not paid for. It's an argument that I
made minutes ago.
I would quote from an article, the newspaper yesterday, I think
Congress Daily. It says: ``Antihunger advocates opposed House
consideration of the bill before the election because part of the
offset for the bill is a cut in future food stamp benefits. But the
Food Research and Action Center said last week that its member groups
would support the bill as long as Congress and the Obama administration
plan to restore the food stamp cut in future legislation.''
We don't know where the pay-for is going to come from. We've got
something on paper that says it's going to come out of food stamps,
which was money borrowed in the stimulus bill, and yet we really don't
know where that's coming from.
So, Madam Speaker, I am arguing that this bill is not what the people
want. They want our children to be healthy and active, but they do not
want to see government grow. They do not want to see the creation or
expansion of 17 new programs. They do not want to see $4.5 billion of
new spending. This is not what the people want. It's not what they can
afford. This is not a bill I can support. I urge my colleagues to vote
``no.''
I yield back the balance of my time.
Mr. GEORGE MILLER of California. I yield myself the balance of my
time.
Madam Speaker, Members of the House, first of all, I want to begin by
thanking the staffs of the committee on both sides of the aisle. We may
not agree on this bill, but we spent a lot of time in this committee on
hearings and the presentation of facts and the marshaling of those
facts and the drafting of legislation. We had an awful lot of
cooperation across the aisle, and I want to thank everybody for that
effort.
Specifically, on the majority side, I want to thank Gabrielle Serra,
Kara Marchione, Kim Zarish Becknell, Ria Ruiz, Jose Garza, Betsy
Kittredge Miller, Melissa Salmanowitz, Denise Forte, and Jody Calemine;
and Brian Ronholm from Ms. DeLauro's staff; Keith Stern from Mr.
McGovern's staff; and Erik Stallman from the Speaker's staff. All of
these individuals were helpful in the negotiations not only here in the
House and the presentation of this legislation, but monitoring and
looking at what was happening in the Senate where this legislation that
we're considering today was not only passed out of the Senate with
unanimous consent, but it was also passed out of the committee with
unanimous consent, where it was given full consideration, where the
hearings were made and built the confidence of the members of that
committee on both sides of the aisle and built the confidence obviously
on both sides of the aisle in the Senate so that it could pass with
unanimous consent.
And why has that happened? Because this legislation deals with and
addresses in the most profound way the problem of hunger among our
schoolchildren, among poor schoolchildren in this Nation.

{time} 1430

But we also address the needs of the various institutions that are
involved in delivering this nutrition to these children. And that is to
the local school districts, to the local schools. And we have
simplified the program. We have made it more efficient. We have taken
away much of the redundant activity that they used to have to go
through to check the same kid four times a day in four different
settings. And we got rid of that to reduce the costs of the program.
And we received bipartisan support for that effort.
We also made it safer. Up until this legislation was passed, in many
instances schools are the last to know that a food recall has taken
place, and that the recall may be taking place where the food for the
schools is produced. But because they are not on the list, they are not
in the protocols, the schoolchildren are put at risk, as we have seen
in the recent recalls. So it's safer for those children, it's healthier
for those children.
The 6-cent increase in the meal program is the first one in 30 years.
And it's with the designed purpose to improve the quality of the meal
program. I know these children. I have seen these children. I know them
through the Diabetics Association. I know them through the programs on
obesity. We have a very serious problem. And this is an effort, agreed
to by the Pediatrics Association and others, that this is the way to
attack it and to start to build a barrier against childhood obesity and
adult-onset obesity. And we have got to change that diet. And that's
where major, major savings in health care come from.
So this is a bill that has been thought out in its entirety. It's a
bill that is respectful of local control. It's respectful of the needs
of school settings and their particular situations. We tried to do
that. We listened to school food administrators for districts across
this country, all of whom had ideas for efficiencies and improvements.
And many of those are ingrained in this legislation. So I would hope
that my colleagues, when they would come to the floor later to vote on
this bill, will vote for this legislation. They will understand it's
fully paid for. They will understand that it received unanimous consent
in both the committee in the Senate and on the Senate floor.
With that, I urge the passage of this legislation.

General Leave

Mr. GEORGE MILLER of California. Madam Speaker, I ask unanimous
consent that all Members may have 5 legislative days in which to revise
and extend their remarks and include extraneous material on S. 3307.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.

House of Representatives,

Committee on Energy and Commerce,

Washington, DC, December 1, 2010.
Hon. George Miller,
Chairman, House Committee on Education and Labor, Rayburn
House Office Building, Washington, DC.
Dear Chairman Miller: I am writing to confirm our
understanding regarding S. 3307, the ``Healthy, Hunger-Free
Kids Act of 2010.'' The Committee on Energy and Commerce has
jurisdictional interest in provisions of the bill. In light
of the interest in moving this bill forward promptly, I am
not exercising the jurisdiction of the Committee on Energy
and Commerce regarding S. 3307, with the understanding that
taking this course does not prejudice the Committee's
jurisdictional interests and prerogatives on the subject
matter of jurisdictional interest contained in this or
similar legislation in the future.
I would appreciate your including this letter in the
Congressional Record during consideration of the bill on the
House floor. Thank you for your cooperation on this matter.
Sincerely,
Henry A. Waxman,
Chairman.

[[Page H7811]]

____
Committee on Education and Labor, House of
Representatives,
Washington, DC, December 1, 2010.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce, Rayburn House
Office Building, Washington, DC.
Dear Chairman Waxman: I am writing in response to your
letter of December 1, 2010, regarding S. 3307, the ``Healthy,
Hunger-Free Kids Act of 2010.'' I acknowledge that the
Committee on Energy and Commerce has jurisdictional interest
in provisions of the bill. In the interest of expeditious
passage of this critical legislation, I appreciate your
willingness to not assert such jurisdictional interests and
understand that such action does not prejudice your
Committee's jurisdictional interests in this or similar
legislation in the future.
I will submit a copy of your December 1, 2010, letter and
this response to the Congressional Record during floor
consideration.
Thank you for your cooperation in this matter.
Sincerely,
George Miller,
Chairman.

Ms. HIRONO. Madam Speaker, I rise in support of the Healthy, Hunger-
Free Kids Act, S. 3307, the largest Federal effort in 30 years to fight
childhood obesity and hunger in Hawaii and nationwide. Our keiki's
health is a crucial priority. I will vote to send this landmark child
nutrition bill to President Obama for his signature.
We've seen the statistics. Hawaii faced a 15 percent increase in
diabetes rates from 2005 to 2009, and 28.5 percent of youth in Hawaii
ages 10-17 are obese. Meanwhile, 9.1 percent of Hawaii residents are
``food insecure,'' lacking consistent access to enough food for a
healthy and productive life.
The Healthy, Hunger-Free Kids Act will take crucial steps to fight
childhood obesity. The new law will authorize a higher reimbursement
rate for schools that serve healthier meals. This is the first
reimbursement rate increase in 30 years. The law will apply the latest
dietary guidelines to all food served in schools, keeping junk food and
soda out of vending machines and the cafeteria. Over 100,000 Hawaii
students participate in the Federal school lunch program.
I have visited school gardens at several schools in Hawaii, seeing
firsthand how Farm-to-School programs can teach children about healthy
eating as part of the curriculum. These programs can also help Hawaii
farmers get their food into local schools. The new law includes $40
million in grants for Farm-to-School programs nationwide.
Hungry kids cannot learn. To fight child hunger, the new law will
increase reimbursements for programs serving after-school, weekend, and
summer meals. The law will also make it easier for schools to
automatically enroll students in school lunch and breakfast programs
using existing poverty data from Medicaid, foster care, Census, or the
Supplementary Nutrition Assistance Program, SNAP, formerly known as
food stamps. Currently, schools in many States require families to
submit a cumbersome paper application form each year.
The new law also will fund school wellness policies to help schools
promote nutrition and physical education. To help new mothers and our
youngest children, the bill will support a healthier food packet for
over 37,000 Hawaii participants in the Women, Infants and Children,
WIC, program, integrating support for breastfeeding and the latest
research on neonatal nutrition.
I want to acknowledge that this bill is not as strong as I or some of
my constituents would have liked. As a member of the House Education
and Labor Committee, I voted for a stronger version of the child
nutrition bill that maintained Recovery Act support for SNAP, food
stamp, benefits and included an innovative amendment to support plant-
based and nondairy food in schools. The House bill also included my
amendment to increase reimbursement rates for areas such as Hawaii that
have higher food costs. I will continue fighting for these initiatives
in the future, but the Senate bill before us today is our last, best
hope to make crucial improvements in child nutrition this year. Next
year's incoming House leadership has expressed clear opposition to
these investments in child nutrition.
Mr. STARK. Madam Speaker, I rise to support the Healthy, Hunger-Free
Kids Act. This bill addresses the linked problems of child hunger and
child obesity by improving child nutrition programs and ensuring that
children have increased access to healthy meals in school and at home.
One in four children in this country is at risk of hunger and one in
three is overweight or obese. This is an epidemic and we can start to
address it by improving our nutrition programs. For the first time in
30 years, this bill will increase the reimbursement for school meals,
allowing schools to serve healthier meals. It will also implement
national nutrition standards for school food, allow more low-income
children to have access to school meals, make foster children
automatically eligible for school meal benefits, and promote
breastfeeding.
Passing this bill is the right thing to do and we must pass it now or
lose this important opportunity to invest in children. I do regret that
part of this legislation is paid for with future cuts to the
Supplemental Nutrition Assistance Program, SNAP. The benefit cut
authorized by this bill will cause a family of four to lose up to $59 a
month out of their limited food budget in 2013. Congress and the
President must remain committed to reversing these cuts before they go
into effect. I urge the Obama administration to address the gaps in
SNAP benefits through all available measures. For example, access to
SNAP can be greatly improved by eliminating unnecessary, ineffective
procedures, such as the finger imaging used in California, which
discourage eligible Americans from applying for benefits.
It is unacceptable that one quarter of America's children are hungry,
and that one third are at risk of the health problems associated with
obesity. I urge my colleagues to support S. 3307 and stand with me for
the health of our children.
Mrs. McCARTHY of New York. Madam Speaker, I'd like to thank Chairman
Miller for his leadership on this issue.
I'd also like to thank all of our staff who have worked so hard on
this bill.
Finally, I'd like to thank the nutrition and anti-hunger groups who
have helped raise awareness of this very important issue, including
those in my district.
In the Healthy Families and Communities Subcommittee, which I chair,
we have worked hard over the last two Congresses on how we should
address many important issues through child nutrition reauthorization,
including how we can reduce childhood obesity.
As a nurse for over 30 years, I have seen firsthand the risks and
illnesses that can result from obesity.
During our bipartisan subcommittee hearings, committee members have
heard testimony about studies that one in five 4-year-olds is obese,
that kids have the arteries of middle-aged adults, and that the number
of children who take medication for chronic diseases has jumped
dramatically.
Some of these reports are shocking, and unfortunately, some are not.
Childhood obesity, diabetes and heart disease are all on the rise in
the U.S. and one of the best tools we have to combat these illnesses is
our ability to provide wholesome and healthy nutrition to children in
school.
Childhood obesity is found in all 50 States, in both young children
and adolescents, affecting all social and economic levels.
Low income communities tend to have the highest obesity rates due to
factors such as a lack of access to affordable, healthy foods, lack of
safe, available venues for physical activity, and a lack of education
about nutrition and its benefits.
Furthermore, it has been found that minority children are at the
greatest risk for obesity.
There is no silver bullet to solve childhood obesity.
However, the School Breakfast and Lunch programs can make a great
impact because they may provide more than 50 percent of a student's
food and nutrient intake on school days.
Given the current harsh financial realities for many families in my
district and throughout the Nation, schools have an increasingly
important role to play in providing children with nutritious food
during their days.
I also hear from folks in schools finding it more and more difficult
to meet the increased demand for meals with healthy, nutritious and
high-quality foods, without adequate funding.
We also know how critical it is to reach the youngest children and
infants as soon as possible.
I am proud that this bill contains provisions from bills I have
introduced which will promote nutrition and wellness in child care
settings, and support breastfeeding for low-income women.
We know that change for adults is hard, but if we start to educate
our kids early enough, we can establish lifelong habits and the values
of healthy living and wellness for the future.
The bill before us contains provisions which are very important to a
great number of children.
While the bill doesn't contain everything our House-passed bill
contained, it is a strong, commonsense, and hopefully bipartisan effort
to improve access to healthy food for children.
But by taking a comprehensive approach to nutrition, our children,
families and communities will all be healthier.
I urge my colleagues to vote yes on this bill.
Mr. GRIJALVA. Madam Speaker, the legislation before us includes many
important improvements to the child nutrition programs that millions of
our nation's children rely on for daily nutrition. As a result of this
bill, it will be easier for children in low-income families to get the
meals they need. Just as important, the meals they get will be
healthier.
The provisions included in the bill have important ramifications for
Latino children in particular. Latino children currently make up more

[[Page H7812]]

than one in five children in the U.S. and are the fastest-growing
segment of the child population. Latino children are also the hungriest
in America--making up almost 40 percent of the children struggling
against hunger. They are more than four times as likely as white
children to be food insecure and hungry. Ironically, they also have one
of the highest risks for obesity.
Latino families often experience barriers to participation in federal
programs based on language access issues. The number of children who
speak English as a second language has grown over the years and
families who struggle with English proficiency are now located in many
parts of the country where there is no mechanism in place to meet their
language access needs. School districts in these areas need guidance
and support to help them communicate effectively with parents who do
not speak English fluently. Such guidance and support will ensure that
eligible children receive the proper nutrition they need during the day
through the school meals program. It is of the utmost importance that
all eligible children have access to the federal food assistance
programs regardless of what language their parents speak or whether
their parents can read. Access to our meal programs is essential no
matter what language is spoken at home.
Six years ago, in the last reauthorization of the child nutrition
programs, Congress clarified that program administrators must
communicate with parents in a manner that they can understand. Congress
set a clear standard, but left it to the U.S. Department of Agriculture
to implement that standard by explaining to school districts and other
program operators what they must do to live up to it. To date, USDA has
failed to provide this guidance.
As a result, the 16,000 plus school districts in the U.S. have been
left to interpret the statutory terms themselves. While the method of
assistance to families may differ across states and localities, the
federal standards for the level of service should be consistent. In the
absence of federal guidance, it is likely that many school districts
will not know that a standard exists and may fail to comply. USDA needs
to offer guidance so that there is consistency in implementation around
the country. There is no reason why a Romanian-speaking parent in
Florida, for example, should have more or less help with applying for
school meals than a Romanian-speaking parent in Michigan.
School districts are well-positioned to comply with Congress'
requirement. They routinely identify the language spoken in the homes
of their students. Moreover, for other school matters, they are already
required to communicate with parents in a language they can understand.
That standard applies to communications regarding the school meals
program as well. But school districts need additional direction and
support from USDA and states. I urge USDA to clarify when written
translations must be used, when oral interpretation will suffice, and
how to communicate with parents with limited literacy.
USDA could also strengthen implementation of Congress' standard by
supplementing policy guidance with technical assistance. USDA already
provides support by making available school meals enrollment materials
in 25 languages. School districts around the country need to know where
to find these materials and how to obtain oral interpretation services
if written materials are not available. USDA could identify and share
best practices so that school districts in geographic areas that are
experiencing an influx of families who do not speak English fluently
will have resources to help them best serve all families with children
attending their schools.
Moreover, USDA needs to hold school districts accountable for
compliance. For example, school districts could be required to have a
written plan in place explaining how families with limited English
proficiency will be served. Plus, all reviews of state and local
program operations should include a review of compliance with the
requirements related to communications with households.
It is unfortunate that several years after Congress took action to
ensure that communications with families would be understandable to all
families, regardless of what language is spoken at home, we still have
so far to go. I call on the USDA to take action quickly to fully
implement these standards. Every eligible child should be able to get
the healthy meals that the federal government provides and language
should not be a barrier to good nutrition. Congress, USDA, states, and
school districts must continue to work together to make that goal a
reality.
Mr. VAN HOLLEN. Madam Speaker, I rise to support the Healthy, Hunger-
Free Kids Act of 2010. This important legislation will expand access to
school meals programs and improve nutritional quality. It is a much-
needed step forward for the health of America's children.
This bill improves access to school meals programs by streamlining
certification of children who meet income requirements without
burdensome applications. It provides more universal meal access for
eligible children in high-poverty areas. And it increases the number of
out-of-school meals for low-income children by allowing reimbursement
for Child and Adult Care Food Program providers.
The bill also makes important improvements to the quality of school
meals by increasing the reimbursement rates for schools for the first
time in over 30 years. Additional grants will help communities
establish and strengthen farm-to-school networks and school gardens to
use more local foods in school cafeterias. And the bill strengthens
nutrition standards for all food served in schools.
This bill is not perfect. I am concerned about using the SNAP program
as an offset, and I look forward to working with the Administration to
restore those funds before cuts take place in 2013. But this bill,
which passed the U.S. Senate unanimously, makes important changes to
school nutrition programs and will improve the health of our nation's
children. I urge my colleagues to support this legislation.
Mr. LANGEVIN. Madam Speaker, I rise in strong support of S. 3307, the
Healthy, Hunger-Free Kids Act, which would reauthorize child nutrition
programs including the National School Lunch Program, the Child and
Adult Care Food Program, and the Special Supplemental Nutrition Program
for Women, Infants, and Children.
As a co-chair of the Congressional Olympic and Paralympic Caucus, I
have worked to promote physical fitness and a healthy lifestyle for our
nation's children. Physical activity and nutrition are key factors in
staying healthy and avoiding chronic illness. Because good health
habits begin in childhood, this legislation will go a long way in
preventing many chronic diseases.
This bill, which is fully offset, provides greatly needed
improvements to our country's child nutrition programs in school and
child care settings. This legislation will increase program enrollment
and make it easier for low-income children to access benefits. This
measure also contains the most significant improvements to these
programs in more than 30 years in order to reduce childhood hunger and
obesity.
I am also pleased that this legislation establishes national
nutrition standards for all foods sold in schools throughout the day--
an area in which Rhode Island has led. With 79,000 Rhode Island
children participating in the National School Lunch Program and 26,000
participating in the School Breakfast Program, S. 3307 will ensure
students do not go hungry throughout the school day by providing access
to nutritious meals. This measure also increases funding for school
nutrition programs for purchasing fruits, vegetables and nuts, and
creates more avenues for produce to flow from local farmers to schools.
While I do not support the elimination of a Supplemental Nutrition
Assistance Program temporary benefit increase provided by The American
Recovery and Reinvestment Act included in this bill, I will work
vigilantly to restore this cut before it goes into effect in 2013.
I encourage all of my colleagues to support this important measure.
Mr. HINOJOSA. Madam Speaker, I rise today in support of S. 3307, the
Healthy, Hunger-Free Kids Act of 2010, legislation that will reduce
childhood hunger by increasing access to nutritious meals year round,
improve the nutritional quality of meals children eat in and outside of
school, and support school and community efforts to reduce childhood
obesity.
According to the United States Department of Agriculture, USDA,
nearly one in four children in the United States is food insecure: that
is more than 16 million children who face hunger each day.
In the Rio Grande Valley of south Texas, approximately 85 percent of
the students in our region are eligible for Free and Reduced Price
Meals under the National School Lunch Program. In the State of Texas,
24.3 percent of children live in food insecure households--the second
highest rate in the country--compared to 18.9 percent nationwide,
according to 2006-2008 data from USDA and Feeding America.
Childhood obesity is also an issue of great concern for the State of
Texas. This critically important issue has been linked to the lack of
nutritious foods in our nation's schools and communities. According to
a report issued by Trust for America's Health and the Robert Wood
Johnson Foundation in 2010, Texas ranked seventh in child obesity among
the states. Approximately 20.4 percent of Texas children are obese.
In order to keep health care costs down, our nation must do more to
prevent obesity and diabetes in our schools and communities. Reducing
the prevalence of obesity and diabetes will have an enormous positive
impact on my constituents' quality of life, while making their health
care more affordable.
We know that children who are hungry or obese are more likely than
their peers to suffer from hyperactivity, absenteeism, and low academic
achievement. This bill will help improve child nutrition for millions
of children,

[[Page H7813]]

particularly for low-income children who need to be healthy and ready
to learn to succeed in school.
The passage of S. 3307 is the first step in addressing child
nutrition. The second step is restoring cuts to future SNAP benefits.
I urge my colleagues, on both sides of the aisle, to vote for S.
3307, an investment of $4.5 billion over 10 years that supports our
children in thriving physically and academically and in leading healthy
lives.
Mr. DeFAZIO. Madam Speaker, as food insecurity and obesity rates grow
in Oregon and around the country, increasing access to affordable and
nutritious meals for our children inside and outside of school could
not come at a better time. Unfortunately, S. 3307, The Healthy, Hunger-
Free Kids Act of 2010, is partially offset by cutting future
Supplemental Nutrition Assistance Program, SNAP, benefits. While I
believe this is important legislation, cutting SNAP benefits for
families to pay for a hunger prevention programs is illogical, and
isn't something that I could support. Today, a staggering 20 percent of
Oregonians rely on SNAP benefits to pay for their basic food needs,
which is the fourth-highest participation rate amongst all states.
I wasn't alone in opposing the cuts to SNAP benefits included in S.
3307. I signed a letter to House leadership, with over 100 of my
colleagues, expressing our opposition to these cuts. I was hopeful,
that by postponing a vote in the House of Representatives on S. 3307,
Congress, along with the Administration, could renegotiate the SNAP
offset. While the Administration has promised to work to restore lost
SNAP benefits, staggering deficits along with new Leadership in the
House of Representatives, has created no clear path to reinstating
future SNAP benefits.
Meal programs inside and outside of school serve as a direct line to
prevent hunger for needy children. I will continue to support child
nutrition legislation that doesn't cut critical SNAP benefits.
Mr. DINGELL. Madam Speaker, I rise today to support of S. 3307, the
Healthy, Hunger-Free Kids Act of 2010. This legislation has been a
priority of the Obama Administration, and in particular the First Lady,
because it is the right thing to do. Together the President and the
First Lady have started a national conversation about why reducing
child hunger and childhood obesity are laudable goals and I commend
them for this. While this is not a perfect bill, today the House has
the opportunity to send to the President a bill which will make
historic investments and significant improvements to child nutrition
programs.
For far too many students, the only quality meal they can count on is
the one they receive during the school day, which is why I believe this
legislation is critical to pass before the end of the 111th Congress.
Last year in Michigan, more than 911,000 students counted on the
National School Lunch Program to provide them with a meal. With one in
five children living in poverty, the need to provide an affordable,
healthy meal at school is greater than ever.
Furthermore, at a time when we are facing a growing child obesity
epidemic, it is often difficult to find healthful foods in our nation's
schools. That is why I support this legislation's goal to raise
nutritional standards, increase the federal reimbursement rate for
school lunch programs, and reduce availability of high-calorie junk
food which crowds out healthier food options. Our students deserve
access to more fresh, local food and healthy options during the school
day.
If enacted, this legislation would provide Michigan with $8,391,000
to improve the nutritional quality of school lunches for low-income
children across our State, as well as improve access to programs for
school meals. Our schools will now receive an additional 6 cents per
meal to help meet new meal standards. In addition, this legislation
will help ensure the safety of the meals we are serving our students,
by improving recall procedures and extending food safety requirements.
I am, however, gravely concerned though about the Senate's decision
to pay for this legislation by using $2.2 billion in future cuts to the
Supplemental Nutrition Assistance Program or food stamp program. With
1.75 million Michigan residents relying on SNAP to put dinner on the
table, this cut is irresponsible. It is my hope that President Obama
will follow through on his commitment to replace this offset before
these SNAP cuts slash food budgets for needy Michigan families.
Madam Speaker, I have often said that we cannot let the perfect be
the enemy of the good, which is why I lend my support to today's bill.
I hope my colleagues will join with me in passing the Healthy, Hunger-
Free Kids Act, sending it to President Obama's desk before Christmas.
Mr. GEORGE MILLER of California. I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired. Pursuant to
clause 1(c) of rule XIX, further consideration of this bill is
postponed.

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