[Congressional Record Volume 156, Number 161 (Wednesday, December 8, 2010)]
[Extensions of Remarks]
[Pages E2083-E2085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 HEALTHY, HUNGER-FREE KIDS ACT OF 2010

                                 ______
                                 

                               speech of

                           HON. GEORGE MILLER

                             of california

                    in the house of representatives

                      Wednesday, December 1, 2010

  Mr. GEORGE MILLER of California. Madam Speaker, I rise today in 
support of the Healthy, Hunger-Free Kids Act of 2010, S. 3307, to 
reauthorize and improve the child nutrition programs and the Special 
Supplemental Program for Women, Infants, and Children, WIC. Further, I 
wish to expand upon my floor remarks to clarify the intent of my 
support for specific provisions included in this legislation.
  This legislation makes important improvements to improve children's 
access to the child nutrition programs, improve quality of nutrition 
benefits provided, protect the Federal investment, and promote 
financial solvency of program providers. S. 3307 provides robust 
reforms that inspire public-private partnerships, ensure better 
stewardship of Federal funds, and better meet the nutritional needs of 
children.
  Many of these provisions included in S. 3307 were also considered in 
H.R. 5504, The Improving Nutrition for America's Children Act, which 
was reported favorably out of the Committee on Education and Labor on 
July 15, 2010 with a bipartisan vote of 32-13. I am pleased that both 
pieces of legislation share many critical priorities to strengthen the 
child nutrition programs and provide the following clarifications on 
provisions within S. 3307.


                Improving Access to School Meal Programs

  First, this legislation authorizes the Secretary to directly certify 
eligible children for free school meals using Medicaid data. Direct 
certification is a method to automatically enroll eligible low-income 
children for free school meals using data from specific means tested 
programs, including the Supplemental Nutrition Assistance Program, the 
Temporary Assistance for Needy Families program, or the Food 
Distribution Program on Indian Reservations.
  Direct certification of eligible children for free schools meals 
reduces household and administrative burden, and can improve program 
integrity by relying on electronic data matching systems rather than 
household income applications. Direct certification using Medicaid data 
has the potential to be a very promising mechanism to substantially 
reduce the number of families that have to complete a household 
application for school meals in addition to other Federal means tested 
programs with similar income requirements.
  While H.R. 5504 established a nationwide option for all States to 
utilize direct certification using Medicaid data, S. 3307 limits 
implementation to a demonstration project in school districts selected 
by the Secretary. Despite the more limited scope, the Congressional 
Budget Office estimates that this provision will connect approximately 
115,000 more eligible children with free school meals each year that 
currently do not participate.
  Furthermore, I commend the Secretary of Agriculture for committing to 
take additional administrative action to bolster this legislation and 
further improve children's access to the school meal programs by 
testing new effective methods for maximizing the use of direct 
certification to improve eligible children's access to free and reduced 
price school meals. Upon passage of this legislation, I urge the 
Secretary to maximize the potential of direct certification using 
Medicaid data by using the pilot authority established in section 18(c) 
of the Richard B. Russell National School Lunch Act to test specific 
methods that may more effectively identify eligible children. 
Specifically, I encourage the Secretary to use this authority to 
identify effective statewide direct certification systems using 
Medicaid data, or to test methods by which Medicaid data may be 
effectively used to directly certify eligible children for reduced 
price meals.
  Secondly, this legislation creates new alternatives for low-income 
schools and districts to count and claim reimbursable meals by 
establishing additional community-data based methods rather than 
household applications. Section 104 of this legislation allows the 
Secretary to reimburse high-poverty schools or districts based on an 
approximation of the number of students who would qualify for free or 
reduced priced meals. The Secretary will make this determination based 
on data from direct certification or other rigorous community survey 
data to determine the percent of children attending schools or 
districts that are income eligible for free or reduced price school 
meals. This provision makes school meals more accessible to low-income 
children and will significantly reduce administrative burden for 
schools.
  It is important that the Secretary recognize that the authority 
provided by this provision allows these alternative counting and 
claiming methods to be available to any school or district nationwide, 
consistent with the parameters of the provision. There are 
approximately 12,000 schools in which more than 80 percent of students 
are certified for free or reduced price meals. I urge the Secretary to 
ensure that these new options for counting and claiming reimbursable 
meals be available to all eligible high-poverty schools that elect to 
participate, to conduct appropriate outreach, and to provide necessary 
technical assistance to support adoption and compliance.


        Increasing Participation in the School Breakfast Program

  I am pleased that this legislation includes section 105, an 
authorization of grants to expand the school breakfast program. This 
provision recognizes the important role that the school breakfast 
program plays in promoting diet quality, learning, and curbing child 
hunger. This section authorizes the Secretary to focus technical 
assistance and support to increase children's access to this program by 
implementing best practices to provide breakfast, including through 
tested best practices such as breakfast in the classroom or by offering 
the meal service as part of the school day.

  I am disappointed, however, that this legislation does not provide 
critical funds to help schools overcome initial start-up barriers, such 
as minor equipment costs or inadequate staffing. Barriers such as these 
can preclude schools from moving toward sustainable school breakfast 
program improvements. I appreciate, though, that the Secretary has 
expressed his commitment to expanding children's access to this 
important program through administrative actions which encourage best 
practices in school breakfast programs such as meal delivery outside of 
the cafeteria and the offering of school breakfast as an integral part 
of the school day. The Secretary's commitment will help to ensure that 
children who want to participate are able to participate in school 
breakfast programs.


        Improving Diet Quality through the School Meals Programs

  I understand the Secretary is currently working to promulgate 
proposed regulations to update the school meal nutrition standards to 
reflect the recommendations from the Institute of Medicine. The last 
time that the nutrition standards for school meals were revised was in 
1995. Improvements to reflect current science are long past due and I 
urge the Secretary to work expeditiously to promulgate proposed 
regulations to update school nutrition standards.
  There have been concerns expressed by stakeholders that the 
improvements necessary for the school meal patterns to reflect current

[[Page E2084]]

nutrition science will require additional investment to cover higher 
food costs and other increases in foodservice costs. The Institute of 
Medicine, in their report to the Secretary that included science-based 
recommendations to update the school meal patterns, estimates that if 
the Secretary were to fully implement their recommendations that food 
costs may increase by 4 to 9 percent for lunch and 18 to 23 percent for 
breakfast.
  S. 3307 provides an additional 6 cent reimbursement for all 
reimbursable lunches served that meet the new nutrition requirements, 
and provides a total of $100 million over 2 years for technical 
assistance to support implementation of new requirements for healthier 
meals. This additional Federal support is adequate to make important 
changes to the quality and safety of the school meals programs. I 
remain concerned, however, about imposing unfunded mandates on schools 
and urge the Secretary to ensure that the final nutrition standards 
consider cost and additional burden that would be borne by school 
districts and school foodservice for compliance.


         National Nutrition Standards for Foods Sold in Schools

  This legislation includes a provision, section 208, that requires the 
Secretary to update nutrition standards for foods sold in competition 
with the school meals through vending machines, a la carte lines, and 
school stores. The sale of unhealthy foods and sodas in schools 
undermines the annual $12 billion federal investment in these programs.
  The standards would apply to foods sold throughout the school campus 
and during the school day. Section 208 requires the Secretary to 
establish standards based on the most recent Dietary Guidelines for 
Americans and take into consideration authoritative scientific 
recommendations, existing State, local, and voluntary industry 
nutrition standards, and the practical application of the standards. 
Section 208 does not affect school parties or classroom celebrations, 
and provides a special exemption for school-sponsored and approved 
fundraisers that occur infrequently within the school during the 
official school day.
  Current regulations for competitive foods have not been updated in 30 
years, despite significant improvements in our understanding of 
nutrition science, and escalating childhood obesity rates. Current 
competitive food regulations apply only to a limited number of items 
sold in the food-service area during meal times. While there have been 
many voluntary improvements at the State and local levels, as well as 
across the food and beverage industry, there continues to be drastic 
inconsistencies that impact schools' economies of scale, as well as 
failing to ensure children, regardless of where they live and attend 
school, have access to school environments that give them opportunities 
to make healthful decisions. This provision would give the Secretary 
authority to ensure schools apply minimum nutrition standards 
throughout the school day and the school campus.
  There have been concerns expressed by certain stakeholders that these 
nutrition standards will reduce important revenue generated to support 
school programs and activities. According to studies conducted by the 
Department of Agriculture, the Center for Disease Control, and the 
Center for Weight and Health at U.C. Berkeley, the majority of schools 
switching to healthier competitive foods don't lose money, but actually 
increase revenue.
  I urge the Secretary to work expeditiously to promulgate regulations 
to establish nutrition standards for foods sold in schools. In 
developing and implementing these regulations, I further urge the 
Secretary to ensure that there is ample opportunity for public comment 
and engagement to ensure that this important reform is implemented in a 
responsible manner, that prioritizes children's health, and ensures 
necessary flexibility for schools.


    Improving Diet Quality in the Child and Adult Care Food Program

  The Child and Adult Care Food Program is critical to improving young 
children's diets, reducing the risk of unhealthy weight gain, and 
helping them start school ready to learn. More than 3.5 million 
children under age five are cared for in childcare centers, and many 
more are cared for in less formal arrangements. Children spend more 
than 30 hours a week in childcare, on average. Childcare providers 
share significant responsibility in promoting children's healthy growth 
and development.
  The Child and Adult Care Food Program helps to provide critical 
support to childcare providers to ensure children have access to 
healthy meals, snacks, and childcare environments. Research has shown 
that children who consume meals at childcare through the Child and 
Adult Care Food Program eat healthier food than children who bring 
meals and snacks from home.
  Many childcare providers participating in the Child and Adult Care 
Food Program have made significant improvements recently to improve the 
quality of food provided in the program, as well as to promote 
healthier childcare environments. Childcare providers, especially those 
providing less formalized care in family homes, can benefit from 
information on best practices employed by other providers, as well as 
ongoing technical assistance and guidance.
  Section 221 of this legislation supports the identification and 
dissemination of best practices to promote healthy childcare 
environments, nutrition quality, and physical development and activity 
opportunities for young children. I strongly encourage the Secretary, 
and in providing guidance to States, to ensure that costs associated 
with improving nutrition and wellness in childcare be given significant 
consideration before making any voluntary or required improvements to 
the nutrition quality of meals and snacks provided through the Child 
and Adult Care Food Program.
  I urge the Secretary to ensure that providers have access to 
technical assistance and guidance that specifically addresses ways to 
improve the quality of meals and snacks without increasing costs. If 
the Secretary identifies that additional Federal support is necessary 
to ensure that reimbursable meals and snacks provided in the Child and 
Adult Care Food Program reflect current nutrition science, I urge the 
Secretary to provide Congress with legislative recommendations to 
ensure that this Program continues to meet the nutritional needs of 
young children.


              Adequate resources for quality school meals

  School meal programs are funded through a long-standing partnership 
of Federal, State, local governments, and support from parents. This 
partnership has ensured the success of these programs and helped them 
remain financially solvent. However, a USDA study found that the 
average revenue collected for meals served to children not eligible for 
the meal program equaled only about 81 percent of the federal 
reimbursement provided for free lunches.
  I recognize that the Federal reimbursement for free meals is intended 
to cover, on average, the average costs of providing a reimbursable 
meal that meets the nutrition requirements. All children, however, 
regardless of whether they receive free, reduced price, or paid meals 
must have access to the same reimbursable meals. I am concerned that 
school food authorities often do not generate adequate supplemental 
revenue from non-Federal sources to cover the average costs of 
providing a reimbursable meal that meets the Federal nutrition 
requirements. As a result, many school food authorities must cut costs 
that compromise the quality, nutrition, taste, and service of school 
meals for all children. This undermines the intent of the Federal 
investment.
  This legislation includes a provision, section 205, to ensure that 
school foodservice programs have adequate resources to provide 
nutritious meals that meet the minimum nutritional requirements and 
balance the budget at the end of the year. Section 205 requires that 
school districts account for revenue generated for the school lunch 
program from Federal and non-Federal sources, and if the district is 
generating an average revenue that is less than the Federal 
reimbursement for a free school meal, then the district must increase 
the average price across the district by (a) the margin of difference; 
or (b) no more than 10 cents, whichever is less.
  This provision does not require school food authorities to raise 
school meal prices and it does not penalize families who must pay for 
their school meal. School districts retain the authority to establish 
local prices for paid meals and it is up to the school district to 
determine how to ensure there is adequate revenues to support the 
foodservice program in the school, based on the parameters established 
in this provision. Furthermore, this provision does not require that a 
school district charge the same price or generate the same revenue for 
each lunch served in each school. Schools and school districts retain 
local authority to determine prices, to generate adequate revenue, and 
to manage their programs to best meet their needs. I feel that this 
provision will offer schools greater flexibility in operating a high 
quality school nutrition program.
  I urge the Secretary to provide guidance to school foodservice, 
school districts, and school administrators on all options for 
increasing non-Federal revenue. Options include, but are not limited 
to, local contributions, increasing State-level contributions, and 
generating revenue through greater use of school foodservice equipment. 
Schools should account for all revenue and exhaust all other revenue 
options prior to raising the prices charged to households with children 
not eligible for free or reduced price meals.
  I am concerned that raising the price of a school lunch can place a 
burden on some households and about the impact that higher prices may 
have on participation. Participation in the school lunch program by 
children from all income levels is critical to ensuring that the school 
meal programs promote the health and well-being of all children, not 
just low-income children. I urge the Secretary to make the importance 
of participation a priority when promulgating regulations to implement 
section

[[Page E2085]]

205 and ensure that implementation does not negatively impact 
children's access to the program.
  I also further request that the Secretary provide the Committee on 
Education and Labor and the Agriculture, Nutrition, and Forestry 
Committee in the Senate, annual reports describing implementation and 
an assessment of any consequences or impact from implementation. These 
reports should also include any recommendations for administrative or 
legislation adjustments to the policy, if necessary.


Protecting Students Privacy and Reducing Stigma of Participation in the 
                        Child Nutrition Programs

  The school environment has an important influence on children's 
behavior and their choices, which can strongly impact their health and 
wellbeing. The cafeteria and food service setting, such as the display 
of foods, the integration of reimbursable school meals with foods sold 
outside of the reimbursable meal programs, and methods of payment can 
result in the unintentional identification of children by their 
household income status, or in social stigma for receiving reimbursable 
meals.
  Children should be able to participate in the child nutrition 
programs with dignity and without consequence of social stigma. 
Currently, the Richard. B. Russell National School Lunch Act requires 
that school food authorities ensure children eligible for free or 
reduced price school meals are not overtly identified as low-income by 
their participation in the school meal programs. I am concerned, 
however, that the current guidance to school districts to ensure that 
children participating in the school meal programs are not overtly 
identified is not keeping up with the modern school food environment.
  Section 143 of this legislation requires the Secretary to review 
local policies on meal charges and the provision of alternate meals for 
compliance with requirements for preventing overt identification. I 
urge the Secretary to also include in the review an examination of the 
design of the school foodservice area, the methods for conducting 
payment transactions, and policies for providing reimbursable meals to 
children from households with outstanding debt to identify ways in 
which these practices may result in a negative social or nutritional 
impact on children.
  There are increasing examples of schools implementing policies to 
provide alternate reimbursable meals for children that lack sufficient 
resources to pay for the meal. I understand the critical importance of 
balancing school district and school foodservice budgets, and many 
schools are not in a position to cover the additional cost of offering 
meals at no charge to children who are not eligible for free 
reimbursable meals. However, I believe it is important for schools to 
establish thoughtful policies to address circumstances in which 
children lack sufficient resources to pay for school meals to ensure 
that these policies do not stigmatize children, and to ensure that 
children are not forced to go hungry because of situations outside of 
their control. For example, if a school has a policy to provide a 
different meal to children that lack sufficient resources to pay for a 
reimbursable meal, this practice can identify the child for having 
insufficient resources and can result in social stigma.
  As part of this review, the Secretary should also identify ways in 
which the modern school food environment may inadvertently stigmatize 
children or fail to protect their privacy. For example, there is 
concern that when school foodservice areas separate lines for children 
with cash for non-reimbursable food and meals and children selecting 
reimbursable meals into other lines, that children selecting a 
reimbursable meal may be identified as low-income or otherwise 
differentiated from children paying cash for food.
  In addition to the review and follow up actions required under 
provision 143 of this legislation, I urge the Secretary to provide 
schools with technical assistance and guidance to prevent overt 
identification. Furthermore, I urge the Secretary to reinforce policies 
regarding meal charges and alternate meals with guidance to States and 
school districts regarding appropriate efforts to determine whether 
children of households in arrears for school meal program payments may 
be eligible for free or reduced price school meals. Finally, in 
addition to enhanced technical assistance and guidance, I urge the 
Secretary to enhance oversight of schools' compliance with requirements 
to prevent overt identification to ensure schools are taking the 
necessary steps to protect the privacy of children participating in the 
school meal programs.


                               Conclusion

  I feel strongly that these provisions are critical to the robust 
reforms to improve access to the child nutrition programs to end child 
hunger, to improve the quality of these programs to curb childhood 
obesity, and to better protect the Federal investment.
  I look forward to working with the Secretary upon passage of this 
legislation to ensure effective implementation of this important 
legislation.
  Today, I am pleased to support the Healthy, Hunger-Free Kids Act, and 
I urge my colleagues to do the same.

                          ____________________