[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[House]
[Pages 18497-18537]
[From the U.S. 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.

             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.

[[Page 18498]]

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;
       (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

[[Page 18499]]

     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--
       ``(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.

[[Page 18500]]

     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--

       ``(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.

       ``(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--

       ``(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

[[Page 18501]]

       ``(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--

       ``(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

[[Page 18502]]

     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;
       ``(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

[[Page 18503]]

     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;
       ``(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.

[[Page 18504]]

       ``(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--
       ``(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--

[[Page 18505]]

       ``(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 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

[[Page 18506]]

     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 
     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

[[Page 18507]]

       ``(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 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.--

[[Page 18508]]

       ``(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--
       ``(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

[[Page 18509]]

     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 18510]]

       ``(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.

[[Page 18511]]

       ``(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
       ``(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

[[Page 18512]]

       ``(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
       ``(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.''.

[[Page 18513]]



     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 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--

       ``(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.

       ``(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

[[Page 18514]]

     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).
       (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--

[[Page 18515]]

       ``(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.--

       ``(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

[[Page 18516]]

     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 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

[[Page 18517]]

       ``(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 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

[[Page 18518]]

     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 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''.

[[Page 18519]]

       (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 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

[[Page 18520]]

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 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

[[Page 18521]]

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 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. 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

[[Page 18522]]

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 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.

[[Page 18523]]


  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 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

[[Page 18524]]

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. 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.
  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

[[Page 18525]]

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.

         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. 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

[[Page 18526]]

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 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

[[Page 18527]]

 
    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  1.20634
    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
    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

[[Page 18528]]

 
    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.
  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.

[[Page 18529]]

  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 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

[[Page 18530]]

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.
                                  ____

         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

[[Page 18531]]

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 
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

[[Page 18532]]

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, 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.

[[Page 18533]]

  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.
  Ms. CHU. Madam Speaker, I am very proud that the legislation before 
us includes Important new options for high-poverty schools to provide 
free meals to all students. These new options, known as community 
eligibility, will reduce hassles for schools and stigma for students. 
They will allow schools serving our poorest communities to throw open 
the cafeteria doors and focus on serving the healthiest possible meals 
to all their students.
  Right now, low-income children who qualify for free school lunches 
have to apply for this program and prove that they are eligible. 
Schools then have to process the paperwork and certify that the 
children qualify. But the community eligibility provisions in this bill 
minimize all that paperwork both for children and for schools. In 
schools where there are large numbers of children who qualify for free 
school lunches, schools would have the option to provide free school 
lunches to all the children in the school. This option is much more 
efficient--children don't have to worry about whether they qualify for 
the program, their parents don't have to complete the paperwork, and 
school personnel can focus on providing the children with the best 
education instead of processing paperwork. This is a better way and 
it's the children that benefit the most.
  Low-income children contend with so many stressors in their lives, 
whether it's violence and addiction in their neighborhoods, parents who 
are working long hours for the basic necessities of living, or the 
stress children experience when they don't have enough to eat. The 
community eligibility provision in this bill makes our most 
disadvantaged children's lives a little easier by transforming their 
lunchtime experience from one of stress and stigma, to one of easy 
access to the food they need to develop to their fullest potential. 
These options are designed to be simple and easy to adopt. USDA must 
make it as seamless as possible for high-poverty schools to avail 
themselves of these new options.
  The bill that we passed out of the House Committee on Education and 
Labor directed USDA to provide outreach and informational materials on 
these new options to local educational agencies and schools in which a 
significant portion of students are eligible for free or reduced price 
meals, including those receiving funds for school improvement under 
section 1003(g) of the Elementary and Secondary Act of 1965. But USDA 
does not need new authority to reach out to these schools and 
facilitate their use of community eligibility. Therefore I urge USDA to 
set policies that welcome high-poverty schools into these options and 
provide the support and materials to facilitate their implementation.
  S. 3307 also includes a demonstration project to explore the use of 
Medicaid data for automatic enrollment for free school meals. Due to 
limited funds, the demonstration project in S. 3307 focuses on the use 
of Medicaid data by selected school districts around the country. 
However, I urge USDA to use alternative authority to allow California 
to conduct a statewide demonstration directly certifying children for 
free school meals based on Medicaid data. California's sophisticated 
data matching system is fully capable of conducting statewide matches 
to directly certify these children. A rigorous evaluation of such a 
demonstration project would help other states implement statewide 
direct certification using Medicaid data.
  I must also express my deep regret that this bill is partly funded by 
reducing SNAP benefits. Although I support passage of this legislation, 
I oppose the SNAP cuts it contains, will work to reverse them, and will 
strongly oppose any further cuts to SNAP benefits.
  Ms. RICHARDSON. Madam Speaker, I rise today in support of S. 3307, 
``the Healthy, Hunger-free Kids Act of 2010.'' This bill will improve 
childhood nutrition and also women, infant, and children programs.
  I thank Chairman Lincoln of the Senate Committee on Agriculture for 
her leadership in shepherding this bill through the Senate and applaud 
Chairman George Miller's continued commitment as well.
  Nearly one quarter of children live in households that are struggling 
to put enough food on the table and approximately one third of children 
are overweight or obese. Both of these statistics represent serious 
threats to the future of our Nation's public health and security.
  Specifically, S. 3307 will increase school lunch funding to help 
schools offer healthier meals, limit the availability of junk food at 
schools, and leverage public-private partnerships to identify 
successful community-wide strategies to improve child nutrition. It 
will help struggling families by modernizing the WIC benefit programs 
in transitioning from paper vouchers to an electronic program. This 
legislation also provides mandatory funding for innovative state and 
local projects that address childhood hunger and promote food security 
for low-income children.
  The Healthy, Hunger-Free Kids Act gives 115,000 new students access 
to school meals by using Medicaid data to certify eligibility and 
provides an additional 21 million meals annually for at-risk children 
by reimbursing providers for meals served after school. This 
legislation improves the nutritional quality of school meals by 
increasing reimbursement rates to school districts that meet federal 
nutritional standards and it eliminates junk foods in schools by 
applying nutritional standards for all food products sold in schools.
  In California 3.1 million children get help from the national school 
lunch program. Now is the time to make these changes by passing the 
Healthy, Hunger-free Kids Act tomorrow.
  Madam Speaker, for these reasons, I urge my colleagues to join me in 
supporting S. 3307.
  Mr. CONYERS. Madam Speaker, I rise in support of the child nutrition 
bill, S. 3307, the Healthy, Hunger-Free Kids Act of 2010. The 
reauthorization of this bill will significantly improve child nutrition 
programs by addressing hunger and obesity in children. It will provide 
healthier meal options, eliminate junk-food and sugary beverages from a 
la carte lines and vending machines from all schools, increase student 
eligibility to access school meals and

[[Page 18534]]

 enhance school wellness policies to improve opportunities for 
nutrition education and physical activity.
  At a time when unemployment rates continue to climb it is essential 
that we provide for the nutritional needs of our children. As a result 
of these tough economic times many families are stricken with poverty 
and are currently facing severe food shortages. Furthermore, obesity is 
increasing at an alarming rate due to poor dieting. Nearly one third of 
children are either overweight or at risk of becoming overweight. 
Obesity is even a greater problem amongst African-American children. 
Currently, thirty-six percent of African-American youth are either 
overweight or obese compared with less than thirty percent of white 
youth. This is a result of the fact that African American children are 
more likely to lack access to healthy fruits and vegetables at lunch 
time. For example, in a school with a majority of all Black students, 
forty-seven percent of Black middle school students receive fruits and 
vegetables compared to sixty-three percent of students in predominately 
white schools. Childhood hunger and obesity is unacceptable within our 
country. Moreover, these disparities must be addressed. Our children 
deserve better and, thus, the time to strengthen our child nutrition 
programs is now.
  It is disappointing that my Republican colleagues would attempt to 
kill this bill and leave children to the pain of hunger and lack of 
nutritional meal. But, we cannot afford to delay the passage of S. 
3307. This bill is our best chance at combating obesity and hunger and 
addressing disparities in child nutrition. Although it is paid in part 
by ending a temporary increase to the Supplemental Nutrition Assistance 
Program (SNAP) benefits, I am confident that President Obama and his 
administration will work to restore these benefits before the SNAP cuts 
take place. I urge that my colleagues vote ``No'' on the Motion to 
Recommit and ``Yes'' on S. 3307.
  Mr. FALEOMAVAEGA. Madam Speaker, I rise in strong support of the 
``Healthy, Hunger-Free Kids Act of 2010,'' legislation to extend and 
improve the nation's policies and programs with respect to child 
nutrition.
  I want to thank the Chairman of the Committee on Education and Labor, 
my good friend, Mr. George Miller, and all the members of the Committee 
for their work on this comprehensive bill on nutrition programs for the 
children of America. I also want to thank the cosponsors and all the 
stakeholders for their support and advocacy.
  This piece of legislation will make improvements in existing 
nutrition programs for kids by helping our nation fulfill the following 
objectives: reduce childhood hunger by expanding access to the child 
nutrition programs; reduce childhood obesity and other health concerns 
by improving nutritional quality of meals; and make improvements in how 
the programs are administered.
  Historically, child nutrition programs have served many needs in our 
schools and communities across the nation. For example, since 1946, the 
National School Lunch program has provided nutritionally balanced 
lunches to children across the county. Today, more than 31 million 
children each school day in over 101,000 public and private nonprofit 
schools and residential child care institutions receive nutritional 
lunches through this program.
  Since 1966, the School Breakfast Program has provided nutritionally 
balanced breakfasts to America's children. Today, 11 million children 
in more than 88,000 public and private nonprofit schools and 
residential child care institutions are receiving healthy meals to 
start off their school day.
  Nutrition programs have also been a key factor in supporting children 
and the family outside of school cafeterias. Programs such as the Child 
and Adult Care Food Program and the Special Supplemental Nutrition 
Program for Women, Infants and Children (WIC) provide nutrition and 
support to low-income families, benefiting mothers, infants, and young 
children across the nation.
  Overall, these family nutrition programs have provided many critical 
services for our children. In 2009 alone, The Child and Adult Care Food 
Program distributed 1.9 billion meals to over 3.3 million participating 
children and adults. Additionally, the WIC program supported 9.1 
million participants in all 50 States, U.S. Territories, and 34 Indian 
tribal organizations.
  Emerging challenges, however, necessitate improvements. Most 
disconcerting is the USDA 2009 report showing an increase in food 
insecurity. The report shows that 6.7 million households, including 
16.7 million children, across the nation lacked money and other 
resources for food. This is unacceptable.
  Moreover, obesity rates between 1963 and 2004 quadrupled for children 
ages 6 to 11 years and tripled for children between 12 and 19 years 
old. Strong correlation between obesity rates and other chronic 
diseases including cardiovascular disease, hypertension, and diabetes, 
suggests that we have a major problem to confront. Now is the time to 
act.
  The United States of America must take care of her children by 
providing the necessary resources to maintain a healthy lifestyle. As 
we all know, a child's health has a direct impact on their education 
and their future.
  We must therefore address the emerging health challenges and negative 
trends by stepping towards improvements in our child nutrition policies 
and programs.
  The ``Healthy, Hunger-Free Kids Act of 2010'' is a crucial step 
towards addressing these challenges and reversing these trends. I urge 
my colleagues to vote ``yes'' and support this important legislation.
  Mr. CUMMINGS. Madam Speaker, I rise today in support of S. 3307, the 
Healthy, Hunger-Free Kids Act of 2010. I applaud Chairman Miller for 
his efforts on this legislation, and commend Speaker Pelosi and Leader 
Hoyer for bringing this legislation to the floor. I also commend First 
Lady Michelle Obama for her leadership on this initiative.
  The Healthy, Hunger-Free Kids Act of 2010 expands access to school 
meal programs to thousands of children across the country. In addition 
to reauthorizing all expiring authorities and programs in the Richard 
B. Russell National School Lunch Act and the Child Nutrition Act, it 
will also assist all 50 states in providing meals for at-risk youth 
after school.
  This bill contains several innovations in food delivery and safety 
for young people at school. Importantly, S. 3307 will increase funding 
for school lunches, increase access to free school meals, improve 
school meal nutrition standards, expand food service for summer and 
outside-of-school programs, implement food safety requirements for food 
served on school campuses, help innovate the WIC program, introduce new 
nutrition and healthy living standards, and fund state and local 
initiatives to eliminate childhood hunger.
  Each day, millions of our young people go hungry, or consume food 
that is detrimental to their bodies and their minds. For many children, 
the meals they receive at school may be the only balanced, nutritious 
meal they have all day. A healthy diet is absolutely essential to a 
healthy life. Through health care reform, we have already taken steps 
to cultivate a culture of preventive care; this is another part of our 
effort to ensure that our children can realize their full potential.
  The First Lady's Let's Move initiative has also played an important 
role in spotlighting the steps that can improve our children's health, 
including the vital role that exercise plays in a healthful lifestyle. 
It is now our job in Congress to continue to support the important work 
done through this campaign by supporting this legislation.
  I am proud to support this legislation, because I know what a 
profound effect this will have on many children's lives.
   However, while I do strongly support the legislation that is in 
front of us today, I am concerned with cuts to the Supplemental 
Nutrition Assistance Program that are on the horizon. We are taking 
steps now that will make our young people happier, healthier, and more 
productive individuals, but we must not forget that the SNAP program 
benefits many of the same children--and their families--that we are 
trying to help today. For that reason, it must be our priority to fully 
fund the SNAP program in the coming years.
   That said, I am eager to see S. 3307 passed, and I am confident that 
this is indeed landmark legislation that will ensure our children can 
be all that God meant them to be--and I urge its adoption.
  Mrs. MALONEY. Madam Speaker, I rise in support of S. 3307, the 
Healthy, Hunger-Free Kids Act, a bill that provides a historic 
investment in the health of our nation's children. This bill will help 
address the severe concerns of both obesity and hunger that severely 
impact them.
  In my home state of New York alone, the statistics are staggering:
  32.9 percent of children in New York are overweight or obese and New 
York taxpayers spend an estimated $6.1 billion on Medicaid and Medicare 
each year to treat obesity-related chronic diseases.
  16.7 percent of children under 18 in New York are at-risk of being 
hungry. This bill will expand access to the child nutrition programs 
and fill nutrition gaps when family resources are tight.
  1,813,000 of New York's children participate in the National School 
Lunch Program, NSLP, each year and will receive healthier school meals 
provided by the Healthy, Hunger-Free Kids Act. 1,147,000 of those kids 
are low-income children, who will benefit from better access to free 
school meals through promotion of and improvements to direct 
certification.

[[Page 18535]]

  New York will receive up to $17.5 million to improve the nutrition 
quality of school lunches because of this bill.
  281,500 children in New York participate in the Child and Adult Food 
Care Program and will benefit from increased resources, more training 
to childcare providers to serve healthier meals and snacks and 
increased physical activity.
  The Healthy, Hunger-Free Kids Act will streamline certification 
periods in the WIC program and provide New York's 514,500 participants 
with better nutrition services coordination, increased opportunities 
for nutrition intervention, and more support and counseling time.
  New York has 110 Farm to School programs. The Healthy, Hunger-Free 
Kids Act provides dedicated funding to help schools to support local 
agriculture and provide children with more health and nutrition 
education opportunities.
  The Healthy, Hunger-Free Kids Act goes a long way toward improving 
the nutrition of our school meals and strengthening accountability to 
produce healthier results for our children. Finally, S. 3307 is fully 
paid for and will not add to the deficit.
  Mr. KIND. Madam Speaker, I rise today in strong support of S. 3307, 
the Healthy, Hunger-Free Kids Act. It's a well known fact that children 
in this country are not as healthy as they need to be. We have a 
responsibility to provide our children with the opportunity to lead a 
healthy lifestyle and this includes increasing their access to healthy 
foods. This bill makes historic strides toward providing nutritious 
lunches in schools and will ensure that we give children the 
opportunity to get a healthy start early in life.
  Obesity is a serious threat to the health of our nation's children. 
Nationally, more than 23 million children are obese or overweight. Over 
24 percent of children ages 2 to 5 are already overweight or obese. 
With obesity beginning at such an early age, it is becoming ever more 
important to intervene early. Obese kids are increasingly likely to 
become obese adults and are more susceptible to the chronic diseases 
that are costing our health care system billions of dollars each year. 
Childhood obesity is also a national defense concern as more and more 
young adults are ineligible for military service.
  Kids that learn healthy eating habits early in life are likely to 
carry them into adulthood. Healthy eating also increases concentration 
during the school day. The Healthy, Hunger-Free Kids Act will address 
the issue of childhood by applying nutritional standards to all food 
sold in schools, strengthen school-wellness policies and improve the 
overall health of school environments for the first time. It also 
streamlines the process for enrollment in the free and reduced lunch 
program, making it easier for low- income families to enroll and 
participate in this program, ensuring that a healthy meal is provided 
to the children who need it most.
  Not only does this bill increase access and improve the quality of 
foods in the school lunch program, it also reauthorizes the Women, 
Infants and Children (WIC) program and makes historic reforms to the 
Child and Adult Care Food Program (CACFP). The CACFP helps provide 
funding for meals and snacks served to children and adults receiving 
day care and youths participating in after-school care programs. The 
Healthy, Hungry-Free Kids Act includes provisions from my Healthy 
CHOICES Act that for the first time will increase healthy eating and 
wellness in child care through the establishment of higher nutrition 
standards for providers participating in CACFP.
  The bill will also expand after-school dinner programs for at-risk 
children nationwide by reimbursing states for providing meals. In 
total, this will provide an additional 21 million meals to at-risk 
children annually. CACFP program administration will be streamlined, 
reducing paperwork and increasing efficiency for providers. There are 
currently 4,435 CACFP sites in Wisconsin that serve over 22 million 
meals and snacks to children and adults each year. The reforms in the 
Healthy, Hunger-Free Kids Act will allow CACFP in Wisconsin to provide 
healthier meals to a greater number of individuals.
  I urge all of my colleagues to come together to put our kids first by 
passing this bill today. The Healthy, Hunger-Free Kids Act contains the 
most significant improvements to child nutrition programs in more than 
30 years and is fully paid for. We owe it to the health and well-being 
of our children to come together today and do what is right, pass this 
bill.
  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.

[[Page 18536]]




        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 
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,

[[Page 18537]]

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 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.
  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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