[House Report 118-131]
[From the U.S. Government Publishing Office]


118th Congress }                                               {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                               {  118-131

======================================================================



 
                WHOLE MILK FOR HEALTHY KIDS ACT OF 2023

                                _______
                                

 June 30, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Ms. Foxx, from the Committee on Education and the Workforce, submitted 
                             the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 1147]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 1147) to amend the Richard B. Russell 
National School Lunch Act to allow schools that participate in 
the school lunch program under such Act to serve whole milk, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Whole Milk for Healthy Kids Act of 
2023''.

SEC. 2. WHOLE MILK PERMISSIBLE.

  Section 9(a)(2) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(a)(2)) is amended--
          (1) by amending subparagraph (A) to read as follows:
                  ``(A) In general.--Lunches served by schools 
                participating in the school lunch program under this 
                Act--
                          ``(i) shall offer students a variety of fluid 
                        milk;
                          ``(ii) may offer students flavored and 
                        unflavored whole, reduced-fat, low-fat and fat-
                        free fluid milk and lactose-free fluid milk; 
                        and
                          ``(iii) shall provide a substitute for fluid 
                        milk for students whose disability restricts 
                        their diet, on receipt of a written statement 
                        from a licensed physician that identifies the 
                        disability that restricts the student's diet 
                        and that specifies the substitute for fluid 
                        milk.''; and
          (2) by adding at the end the following:
                  ``(D) Saturated fat.--Milk fat included in any fluid 
                milk provided under subparagraph (A) shall not be 
                considered saturated fat for purposes of measuring 
                compliance with the allowable average saturated fat 
                content of a meal under section 210.10 of title 7, Code 
                of Federal Regulations (or successor regulations).''.

                                Purpose

    To amend the Richard B. Russell National School Lunch Act 
to allow schools that participate in the school lunch program 
under such Act to serve whole milk.

                            Committee Action


                             117TH CONGRESS

Second Session--Legislative Action

    On July 20, 2022, Rep. Bobby Scott (D-VA) introduced H.R. 
8450, Healthy Meals, Healthy Kids Act, with Rep. Suzanne 
Bonamici (D-OR) as an original cosponsor. The bill was referred 
solely to the Committee on Education and Labor. On July 27, 
2022, the Committee considered H.R. 8450 in legislative session 
and reported it favorably, as amended, to the House of 
Representatives by a recorded vote of 27-20. The Committee 
considered the following amendments to H.R. 8450:
          1. Rep. Lisa McClain (R-MI) and Rep. Russ Fulcher (R-
        ID) offered--and withdrew--an amendment to ensure 
        potatoes remain allowable as vegetable under the 
        programs.
          2. Rep. McClain offered an amendment to prohibit all 
        new changes from being enacted unless an independent 
        study is conducted to ensure the program won't increase 
        inflation or the changes can be implemented once 
        inflation drops to 2 percent. This amendment was 
        defeated in a roll call vote of 19-27.
          3. Rep. Glenn Thompson (R-PA), along with Rep. Elise 
        Stefanik (R-NY), Rep. Fulcher, and Rep. Fred Keller (R-
        PA), offered an amendment to address whole milk and 
        chocolate milk in school meals and allow greater choice 
        of milk in the Women, Infant and Children (WIC) 
        program. This amendment was defeated by a voice vote.
          4. Rep. Stefanik offered an amendment that would 
        address the infant formula contracting requirements in 
        WIC by requiring two manufacturers per state or state 
        consortia. While it received bipartisan support, the 
        amendment failed by roll call vote of 20-24.
          5. Rep. Bob Good (R-VA) and Rep. Mary Miller (R-IL) 
        offered--and withdrew--an amendment to require 
        nutrition regulations promulgated under the bill to 
        make grain-based desserts eligible for reimbursement.
          6. Rep. Tim Walberg (R-MI) offered an amendment to 
        ensure food substitutions for religious needs are 
        allowed. This amendment was adopted.
          7. Rep. Miller and Rep. Good offered an amendment to 
        eliminate the change the Democrats made to the 
        definition of woman and therefore to re-define pregnant 
        woman, breastfeeding woman, and postpartum woman as a 
        woman. This amendment was defeated on a party line vote 
        of 20-25.
          8. Rep. Glenn Grothman (R-WI) and Rep. Diana 
        Harshbarger (R-TN) offered an amendment to prohibit 
        enforcement of the May 5, 2022, memo on Title IX 
        enforcement as it relates to child nutrition programs. 
        This amendment was defeated by a roll call vote of 20-
        25.
          9. Rep. Harshbarger offered an amendment to require a 
        feasibility study before issuing new regulations. This 
        study would determine the cost increase these potential 
        standards would impose, the timeline for availability 
        of food meeting these standards, and the increase to 
        plate waste these standards might cause. This amendment 
        was also defeated on a party line vote.

                             118TH CONGRESS

First Session--Hearing

    On February 8, 2023, the Committee on Education and the 
Workforce held a hearing on ``American Education in Crisis.'' 
The purpose of the hearing was to examine the state of American 
education, including the needs to add transparency and 
accountability, to update the education system to serve the 
needs of students and families, and to protect and restore the 
rights of parents to have a say in their children's education, 
including foods children are served at school. Testifying 
before the Committee was Ms. Virginia Gentles, Director, 
Education Freedom Center, Independent Women's Forum, Arlington, 
VA; Dr. Monty Sullivan, President, Louisiana Community and 
Technical College System, Baton Rouge, LA; Mr. Scott Pulsipher, 
President, Western Governors University, Salt Lake City, UT; 
and Mr. Jared Polis, Governor, State of Colorado, Denver, CO.
    On May 16, 2023, the Committee on Education and the 
Workforce held a hearing on ``Examining the Policies and 
Priorities of the U.S. Department of Education.'' The purpose 
of the hearing was to review the Fiscal Year 2024 budget 
priorities of the U.S. Department of Education and discuss the 
education issues facing America's students, including food 
being served at schools. Testifying before the Committee was 
The Honorable Miguel Cardona, Secretary, U.S. Department of 
Education, Washington, D.C.

Legislative Action

    On February 21, 2023, Rep. Thompson introduced the Whole 
Milk for Healthy Kids Act of 2023 (H.R. 1147) with Reps. Kim 
Schrier (D-WA), Fulcher, Troy Balderson (R-OH), Mariannette 
Miller-Meeks (R-IA), David J. Trone (D-MD), Scott Austin (R-
GA), Daniel Meusner (R-PA), Doug LaMalfa (R-CA), Llyod Smucker 
(R-PA), Matt Cartwright (D-PA), Jim Banks (R-IN), James R. 
Baird (R-IN), Thomas P. Tiffany (R-WI), Josh Gottheimer (D-NJ), 
Guy Reschenthaler (R-PA), Scott Perry (R-PA), Michael K. 
Simpson (R-ID), Tom McClintock (R-CA), Tracey Mann (R-KS), 
Trent Kelly (R-MS), Miller, Mike Kelly (R-PA), Elissa Slotkin 
(D-MI), Bryan Steil (R-WI), Stefanik, Patrick Ryan (D-NY), 
Claudia Tenney (R-NY), Scott Fitzgerald (R-WI), Andy Barr (R-
KY), Dusty Johnson (R-SD), Paul Tonko (D-NY), Abigail Davis 
Spanberger (D-VA), Barry Moore (R-AL), Mike Gallagher (R-WI), 
Randy Feenstra (R-IA), John Joyce (R-PA), and Ben Cline (R-VA). 
On June 6, 2023, the Committee considered H.R. 1147 in 
legislative session and reported it favorably, as amended, to 
the House of Representatives by a recorded vote of 26-13. The 
Committee adopted the following amendment to H.R. 1147:
          1. Rep. Thompson offered an Amendment in the Nature 
        of a Substitute (ANS) that provides minor technical 
        changes to help ensure our children's food service 
        workers have the flexibility they need in serving 
        students milk at lunch meals.

                            Committee Views


                              INTRODUCTION

    For generations, milk has been recognized as one of the 
most nutritious options to support a healthy upbringing. 
Students, parents, school food service providers, and 
nutritionists all agree that milk in school lunches is wanted 
and needed. Until Democrat interference in 2010, milk, with its 
thirteen essential nutrients, was easily accessible in school 
cafeterias and readily available across all child nutrition 
programs. Unfortunately, the Biden administration thinks 
Washington bureaucrats have a better understanding of what 
students need and has decided to perpetuate Obama-era 
regulations limiting an essential nutritious choice. In 
response, this bill addresses the administration's blockades 
and helps our nation's students thrive and learn.

Milk faced new regulations with the Healthy, Hunger-free Kids Act of 
        2010

    Restrictions against milk choice began with the Obama-era 
Healthy, Hunger-free Kids Act of 2010, when President Biden was 
vice president. While schools have been required to serve meals 
consistent with the U.S. Department of Agriculture's (USDA) 
Dietary Guidelines for Americans (DGA) since the 1994 child 
nutrition reauthorization (P.L. 103-448), choice and 
flexibility for school districts and their students were 
decimated when the Obama administration decided to wage war 
against milk. The new standards singled out milk--a single food 
item--to be consistent with the DGA, effectively barring the 
inclusion of whole and reduced-fat (2 percent) milk in school 
lunches. The result forced schools to serve only fat-free and 
low-fat (1 percent) unflavored milk and fat-free flavored milk 
beginning with SY 2012-2013.
    Many schools experienced challenges implementing these 
changes and reported issues with student acceptance of food. 
Beginning in FY 2015, Congress, through appropriations, enacted 
provisions that loosened the milk requirements. In December 
2018, USDA published a final rule (effective starting in SY 
2019-2020) permitting school food authorities to offer 
flavored, low-fat (1 percent) milk as a part of school meals 
and requiring unflavored milk to be served alongside those 
offerings. However, this effort to restore some flexibility was 
not enough to satiate students and retain program 
participation. USDA's own data shows a steady decline in 
students eating school meals since the enactment of changes 
made in the 2010 reauthorization.\1\
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    \1\https://www.ers.usda.gov/publications/pub-details/?pubid=43947; 
https://www.ers.usda.gov/publications/pub-details/?pubid=101908.
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The Biden administration is perpetuating this health concern

    Now the Biden administration continues to impose top-down 
dietary regulations for schools that further harm student 
health and does little to support the tireless efforts of food 
service workers. As if the current limitations are not enough, 
under the Biden administration USDA has proposed a rule that 
would subject flavored milk to a new added sugars limit as well 
as limit the availability of flavored milk to high school 
students. Elementary and middle school students will continue 
to be restricted to unflavored fat-free and low-fat milks.
    These prescriptive regulations are in effect even as we 
continue to see negative health consequences from declining 
milk consumption among students. According to the 2020 Dietary 
Guidelines Advisory Committee report, between 68 and 76.2 
percent of school age males and between 77.4 and 94.3 percent 
of school age females fail to meet recommended levels of dairy 
consumption.\2\ Additionally, DGA recommends whole milk ``be 
offered beginning around 12 months of age to help meet calcium, 
potassium, vitamin D, and protein needs,'' but this 
recommendation is removed without substantiation by the time 
the child is of school age. Furthermore, research has 
demonstrated that full fat dairy is associated with a neutral 
or lower risk of heart disease and obesity rather than being 
the alarming cause of such health concerns.
---------------------------------------------------------------------------
    \2\Dietary Guidelines Advisory Committee. 2020. Scientific Report 
of the 2020 Dietary Guidelines Advisory Committee: Advisory Report to 
the Secretary of Agriculture and the Secretary of Health and Human 
Services. U.S. Department of Agriculture, Agricultural Research 
Service, Washington, DC. Available at: https://doi.org/10.52570/
DGAC2020.
---------------------------------------------------------------------------
    The Biden administration's meddling in school nutrition has 
resulted in distaste for school meals. Restricting milk choices 
does not satiate students and drives children away from the 
school lunch program. At a press conference where USDA 
Secretary Vilsack announced USDA meal regulation changes, one 
school district food service coordinator said, ``We fear that 
new regulations will push the neediest students away from the 
programs.''\3\
---------------------------------------------------------------------------
    \3\https://urldefense.com/v3/_https:/www.thefencepost.com/news/
vilsack-encounters-resistance-to-school-meal-rule/_;!!Bg5easoyC-
OII2vlEqY8mTBrtW-
N4OJKAQ!OPXvtrVdbkeuAa_hOlZBN66BzHJLmzSjRFxjKxu1kCoBKY9THyLeAhkfo-
oErpBT6VZD7pHW2Gg5p3unuteaLVYubIb_P-Y$.
---------------------------------------------------------------------------
    There is no reason to bar inclusion of popular milk options 
like whole and reduced-fat milks in school lunches when we know 
they have the same nutritional benefits as other types of milk. 
Therefore, H.R. 1147 will expand milk options for school 
lunches (to include flavored and unflavored whole and reduced-
fat milks). While recent reauthorizations and USDA regulations 
continue to hamper school food authorities with burdensome 
requirements and limited, costly options at a time of ongoing 
supply chain challenges, H.R. 1147 allows schools to make 
choices that are right for the children they serve every day.
    Letters of support for H.R. 1147 were received by the 
Committee from the International Dairy Foods Association, the 
Nutrition Coalition, the Northeast Dairy Foods and Suppliers 
Associations, the Wisconsin Cheese Makers Association, the 
Dairy Institute of California, and 58 organizations represented 
by the National Milk Producers Federation.

                               CONCLUSION

    The Biden administration's politicization of education must 
stop. By continuing to wage war on milk, the Biden 
administration is once again letting Washington bureaucrats 
dictate every aspect of the school day. Instead, the Committee 
took action to safeguard the rights of parents and those whose 
serve our nation's children so they can make the best decisions 
for our students welfare and education. H.R. 1147 expands milk 
access and variety in school lunches, giving parents and school 
food service providers the simplicity and flexibility they need 
to feed students a nutritious beverage. Restricting nutrient 
dense foods like milk is returning school meals to the stone 
age, not creating a bright future for our young people. While 
more work is needed to improve child nutrition, H.R. 1147 is a 
positive demonstration of the progress we can achieve when we 
let sound science, parents, and the tireless professionals that 
serve our nation's students lead the way.

                                Summary


                  H.R. 1147 SECTION-BY-SECTION SUMMARY

Section 1. Short title

           Names the bill as the ``Whole Milk for 
        Healthy Kids Act of 2023''

Section 2.

           Amends the Richard B. Russell National 
        School Lunch Act to:
                   Offer students a variety of 
                fluid milk options without restriction by the 
                Dietary Guidelines for Americans
                   Permits schools to serve 
                students flavored and unflavored whole, 
                reduced-fat, low-fat, fat-free, and lactose-
                free fluid milk.
                   Requires schools to serve a 
                substitute to fluid milk when a student's 
                disability restricts their diet which is 
                documented by a licensed physician.
                   Exempts milk fat from being 
                considered saturated fat for purposes of 
                compliance.

                       EXPLANATION OF AMENDMENTS

    The amendments, including the amendment in the nature of a 
substitute, are explained in the body of this report.

              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 1147 takes important steps to allow schools that 
participate in the school lunch program under such Act to serve 
whole milk.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. This issue is addressed in the CBO letter.

                           Earmark Statement

    H.R. 1147 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of House rule XXI.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.


         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House rule XIII, the 
goal of H.R. 1147, the Whole Milk for Healthy Kids Act of 2023, 
is to allow schools that participate in the school lunch 
program under the Richard B. Russell National School Lunch Act 
to serve a variety of milk options, including whole milk.

                    Duplication of Federal Programs

    No provision of H.R. 1147 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the committee's oversight findings and recommendations are 
reflected in the body of this report.

            Required Committee Hearing and Related Hearings

    In compliance with clause 3(c)(6) of rule XIII the 
following hearings held during the 118th Congress were used to 
develop or consider H.R. 1147: On February 8, 2023, the 
Committee held a hearing on ``American Education in Crisis'' 
and on May 16, 2023, the Committee held a hearing on 
``Examining the Policies and Priorities of the U.S. Department 
of Education.''

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the committee has received 
the following estimate for H.R. 1147 from the Director of the 
Congressional Budget Office:




    H.R. 1147 would allow schools that participate in the 
National School Lunch Program to serve whole or reduced-fat 
milk that is flavored or unflavored to students. Under current 
law, schools must offer milk that is fat-free or low-fat and 
may only offer flavored milk if it is fat- free. The bill also 
would exclude the saturated fat in milk from the amount that is 
allowed under the program for an average meal.
    CBO expects that enacting the bill would not affect 
reimbursement rates or participation in the program, so there 
would be no effect on the cost of benefits. CBO estimates that 
the administrative costs to update the dietary regulations 
would be insignificant; any spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Susan Beyer. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 1147. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when, as with the present report, 
the committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

              RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT




           *       *       *       *       *       *       *
               NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS

  Sec. 9. (a)(1)(A) Lunches served by schools participating in 
the school lunch program under this Act shall meet minimum 
nutritional requirements prescribed by the Secretary on the 
basis of tested nutritional research, except that the minimum 
nutritional requirements--
          (i) shall not be construed to prohibit the 
        substitution of foods to accommodate the medical or 
        other special dietary needs of individual students; and
          (ii) shall, at a minimum, be based on the weekly 
        average of the nutrient content of school lunches.
  (B) The Secretary shall provide technical assistance and 
training, including technical assistance and training in the 
preparation of lower-fat versions of foods commonly used in the 
school lunch program under this Act, to schools participating 
in the school lunch program to assist the schools in complying 
with the nutritional requirements prescribed by the Secretary 
pursuant to subparagraph (A) and in providing appropriate meals 
to children with medically certified special dietary needs. The 
Secretary shall provide additional technical assistance to 
schools that are having difficulty maintaining compliance with 
the requirements.
          (2) Fluid milk.--
                  [(A) In general.--Lunches served by schools 
                participating in the school lunch program under 
                this Act--
                          [(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);
                          [(ii) may offer students flavored and 
                        unflavored fluid milk and lactose-free 
                        fluid milk; and
                          [(iii) shall provide a substitute for 
                        fluid milk for students whose 
                        disability restricts their diet, on 
                        receipt of a written statement from a 
                        licensed physician that identifies the 
                        disability that restricts the student's 
                        diet and that specifies the substitute 
                        for fluid milk.]
                  (A) In general.--Lunches served by schools 
                participating in the school lunch program under 
                this Act--
                          (i) shall offer students a variety of 
                        fluid milk;
                          (ii) may offer students flavored and 
                        unflavored whole, reduced-fat, low-fat 
                        and fat-free fluid milk and lactose-
                        free fluid milk; and
                          (iii) shall provide a substitute for 
                        fluid milk for students whose 
                        disability restricts their diet, on 
                        receipt of a written statement from a 
                        licensed physician that identifies the 
                        disability that restricts the student's 
                        diet and that specifies the substitute 
                        for fluid milk.
                  (B) Substitutes.--
                          (i) Standards for substitution.--A 
                        school may substitute for the fluid 
                        milk provided under subparagraph (A), a 
                        nondairy beverage that is nutritionally 
                        equivalent to fluid milk and meets 
                        nutritional standards established by 
                        the Secretary (which shall, among other 
                        requirements to be determined by the 
                        Secretary, include fortification of 
                        calcium, protein, vitamin A, and 
                        vitamin D to levels found in cow's 
                        milk) for students who cannot consume 
                        fluid milk because of a medical or 
                        other special dietary need other than a 
                        disability described in subparagraph 
                        (A)(iii).
                          (ii) Notice.--The substitutions may 
                        be made if the school notifies the 
                        State agency that the school is 
                        implementing a variation allowed under 
                        this subparagraph, and if the 
                        substitution is requested by written 
                        statement of a medical authority or by 
                        a student's parent or legal guardian 
                        that identifies the medical or other 
                        special dietary need that restricts the 
                        student's diet, except that the school 
                        shall not be required to provide 
                        beverages other than beverages the 
                        school has identified as acceptable 
                        substitutes.
                          (iii) Excess expenses borne by school 
                        food authority.--Expenses incurred in 
                        providing substitutions under this 
                        subparagraph that are in excess of 
                        expenses covered by reimbursements 
                        under this Act shall be paid by the 
                        school food authority.
                  (C) Restrictions on sale of milk 
                prohibited.--A school that participates in the 
                school lunch program under this Act shall not 
                directly or indirectly restrict the sale or 
                marketing of fluid milk products by the school 
                (or by a person approved by the school) at any 
                time or any place--
                          (i) on the school premises; or
                          (ii) at any school-sponsored event.
                  (D) Saturated fat.--Milk fat included in any 
                fluid milk provided under subparagraph (A) 
                shall not be considered saturated fat for 
                purposes of measuring compliance with the 
                allowable average saturated fat content of a 
                meal under section 210.10 of title 7, Code of 
                Federal Regulations (or successor regulations).
  (3) Students in senior high schools that participate in the 
school lunch program under this Act (and, when approved by the 
local school district or nonprofit private schools, students in 
any other grade level) shall not be required to accept offered 
foods they do not intend to consume, and any such failure to 
accept offered foods shall not affect the full charge to the 
student for a lunch meeting the requirements of this subsection 
or the amount of payments made under this Act to any such 
school for such lunch.
          (4) Provision of information.--
                  (A) Guidance.--Prior to the beginning of the 
                school year beginning July 2004, the Secretary 
                shall issue guidance to States and school food 
                authorities to increase the consumption of 
                foods and food ingredients that are recommended 
                for increased serving consumption in 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) Rules.--Not later than 2 years after the 
                date of enactment of this paragraph, the 
                Secretary shall promulgate rules, based on the 
                most recent Dietary Guidelines for Americans, 
                that reflect specific recommendations, 
                expressed in serving recommendations, for 
                increased consumption of foods and food 
                ingredients offered in school nutrition 
                programs under this Act and the Child Nutrition 
                Act of 1966 (42 U.S.C. 1771 et seq.).
                  (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.
          (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.
  (b)(1)(A) Not later than June 1 of each fiscal year, the 
Secretary shall prescribe income guidelines for determining 
eligibility for free and reduced price lunches during the 12-
month period beginning July 1 of such fiscal year and ending 
June 30 of the following fiscal year. The income guidelines for 
determining eligibility for free lunches shall be 130 percent 
of the applicable family size income levels contained in the 
nonfarm income poverty guidelines prescribed by the Office of 
Management and Budget, as adjusted annually in accordance with 
subparagraph (B). The income guidelines for determining 
eligibility for reduced price lunches for any school year shall 
be 185 percent of the applicable family size income levels 
contained in the nonfarm income poverty guidelines prescribed 
by the Office of Management and Budget, as adjusted annually in 
accordance with subparagraph (B). The Office of Management and 
Budget guidelines shall be revised at annual intervals, or at 
any shorter interval deemed feasible and desirable.
  (B) The revision required by subparagraph (A) of this 
paragraph shall be made by multiplying--
          (i) the official poverty line (as defined by the 
        Office of Management and Budget); by
          (ii) the percentage change in the Consumer Price 
        Index during the annual or other interval immediately 
        preceding the time at which the adjustment is made.
Revisions under this subparagraph shall be made not more than 
30 days after the date on which the consumer price index data 
required to compute the adjustment becomes available.
  (2)(A) Following the determination by the Secretary under 
paragraph (1) of this subsection of the income eligibility 
guidelines for each school year, each State educational agency 
shall announce the income eligibility guidelines, by family 
size, to be used by schools in the State in making 
determinations of eligibility for free and reduced price 
lunches. Local school authorities shall, each year, publicly 
announce the income eligibility guidelines for free and reduced 
price lunches on or before the opening of school.
          (B) Applications and descriptive material.--
                  (i) In general.--Applications for free and 
                reduced price lunches, in such form as the 
                Secretary may prescribe or approve, and any 
                descriptive material, shall be distributed to 
                the parents or guardians of children in 
                attendance at the school, and shall contain 
                only the family size income levels for reduced 
                price meal eligibility with the explanation 
                that households with incomes less than or equal 
                to these values would be eligible for free or 
                reduced price lunches.
                  (ii) Income eligibility guidelines.--Forms 
                and descriptive material distributed in 
                accordance with clause (i) may not contain the 
                income eligibility guidelines for free lunches.
                  (iii) Contents of descriptive material.--
                          (I) In general.--Descriptive material 
                        distributed in accordance with clause 
                        (i) shall contain a notification that--
                                  (aa) participants in the 
                                programs listed in subclause 
                                (II) may be eligible for free 
                                or reduced price meals; and
                                  (bb) documentation may be 
                                requested for verification of 
                                eligibility for free or reduced 
                                price meals.
                          (II) Programs.--The programs referred 
                        to in subclause (I)(aa) are--
                                  (aa) the special supplemental 
                                nutrition program for women, 
                                infants, and children 
                                established by section 17 of 
                                the Child Nutrition Act of 1966 
                                (42 U.S.C. 1786);
                                  (bb) the supplemental 
                                nutrition assistance program 
                                established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 
                                2011 et seq.);
                                  (cc) the food distribution 
                                program on Indian reservations 
                                established under section 4(b) 
                                of the Food and Nutrition Act 
                                of 2008 (7 U.S.C. 2013(b)); and
                                  (dd) a State program funded 
                                under the program of block 
                                grants to States for temporary 
                                assistance for needy families 
                                established under part A of 
                                title IV of the Social Security 
                                Act (42 U.S.C. 601 et seq.).
          (3) Household applications.--
                  (A) Definition of household application.--In 
                this paragraph, the term ``household 
                application'' means an application for a child 
                of a household to receive free or reduced price 
                school lunches under this Act, or free or 
                reduced price school breakfasts under the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
                for which an eligibility determination is made 
                other than under paragraph (4) or (5).
                  (B) Eligibility determination.--
                          (i) In general.--An eligibility 
                        determination shall be made on the 
                        basis of a complete household 
                        application executed by an adult member 
                        of the household or in accordance with 
                        guidance issued by the Secretary.
                          (ii) Electronic signatures and 
                        applications.--A household application 
                        may be executed using an electronic 
                        signature if--
                                  (I) the application is 
                                submitted electronically; and
                                  (II) the electronic 
                                application filing system meets 
                                confidentiality standards 
                                established by the Secretary.
                  (C) Children in household.--
                          (i) In general.--The household 
                        application shall identify the names of 
                        each child in the household for whom 
                        meal benefits are requested.
                          (ii) Separate applications.--A State 
                        educational agency or local educational 
                        agency may not request a separate 
                        application for each child in the 
                        household that attends schools under 
                        the same local educational agency.
                  (D) Verification of sample.--
                          (i) Definitions.--In this 
                        subparagraph:
                                  (I) Error prone 
                                application.--The term ``error 
                                prone application'' means an 
                                approved household application 
                                that--
                                          (aa) indicates 
                                        monthly income that is 
                                        within $100, or an 
                                        annual income that is 
                                        within $1,200, of the 
                                        income eligibility 
                                        limitation for free or 
                                        reduced price meals; or
                                          (bb) in lieu of the 
                                        criteria established 
                                        under item (aa), meets 
                                        criteria established by 
                                        the Secretary.
                                  (II) Non-response rate.--The 
                                term ``non-response rate'' 
                                means (in accordance with 
                                guidelines established by the 
                                Secretary) the percentage of 
                                approved household applications 
                                for which verification 
                                information has not been 
                                obtained by a local educational 
                                agency after attempted 
                                verification under 
                                subparagraphs (F) and (G).
                          (ii) Verification of sample.--Each 
                        school year, a local educational agency 
                        shall verify eligibility of the 
                        children in a sample of household 
                        applications approved for the school 
                        year by the local educational agency, 
                        as determined by the Secretary in 
                        accordance with this subsection.
                          (iii) Sample size.--Except as 
                        otherwise provided in this paragraph, 
                        the sample for a local educational 
                        agency for a school year shall equal 
                        the lesser of--
                                  (I) 3 percent of all 
                                applications approved by the 
                                local educational agency for 
                                the school year, as of October 
                                1 of the school year, selected 
                                from error prone applications; 
                                or
                                  (II) 3,000 error prone 
                                applications approved by the 
                                local educational agency for 
                                the school year, as of October 
                                1 of the school year.
                          (iv) Alternative sample size.--
                                  (I) In general.--If the 
                                conditions described in 
                                subclause (IV) are met, the 
                                verification sample size for a 
                                local educational agency shall 
                                be the sample size described in 
                                subclause (II) or (III), as 
                                determined by the local 
                                educational agency.
                                  (II)  3,000/3 percent 
                                option.--The sample size 
                                described in this subclause 
                                shall be the lesser of 3,000, 
                                or 3 percent of, applications 
                                selected at random from 
                                applications approved by the 
                                local educational agency for 
                                the school year, as of October 
                                1 of the school year.
                                  (III)  1,000/1 percent plus 
                                option.--
                                          (aa) In general.--The 
                                        sample size described 
                                        in this subclause shall 
                                        be the sum of--
                                                  (AA) the 
                                                lesser of 
                                                1,000, or 1 
                                                percent of, all 
                                                applications 
                                                approved by the 
                                                local 
                                                educational 
                                                agency for the 
                                                school year, as 
                                                of October 1 of 
                                                the school 
                                                year, selected 
                                                from error 
                                                prone 
                                                applications; 
                                                and
                                                  (BB) the 
                                                lesser of 500, 
                                                or \1/2\ of 1 
                                                percent of, 
                                                applications 
                                                approved by the 
                                                local 
                                                educational 
                                                agency for the 
                                                school year, as 
                                                of October 1 of 
                                                the school 
                                                year, that 
                                                provide a case 
                                                number (in lieu 
                                                of income 
                                                information) 
                                                showing 
                                                participation 
                                                in a program 
                                                described in 
                                                item (bb) 
                                                selected from 
                                                those approved 
                                                applications 
                                                that provide a 
                                                case number (in 
                                                lieu of income 
                                                information) 
                                                verifying the 
                                                participation.
                                          (bb) Programs.--The 
                                        programs described in 
                                        this item are--
                                                  (AA) the 
                                                supplemental 
                                                nutrition 
                                                assistance 
                                                program 
                                                established 
                                                under the Food 
                                                and Nutrition 
                                                Act of 2008 (7 
                                                U.S.C. 2011 et 
                                                seq.);
                                                  (BB) the food 
                                                distribution 
                                                program on 
                                                Indian 
                                                reservations 
                                                established 
                                                under section 
                                                4(b) of the 
                                                Food and 
                                                Nutrition Act 
                                                of 2008 (7 
                                                U.S.C. 
                                                2013(b)); and
                                                  (CC) a State 
                                                program funded 
                                                under the 
                                                program of 
                                                block grants to 
                                                States for 
                                                temporary 
                                                assistance for 
                                                needy families 
                                                established 
                                                under part A of 
                                                title IV of the 
                                                Social Security 
                                                Act (42 U.S.C. 
                                                601 et seq.) 
                                                that the 
                                                Secretary 
                                                determines 
                                                complies with 
                                                standards 
                                                established by 
                                                the Secretary 
                                                that ensure 
                                                that the 
                                                standards under 
                                                the State 
                                                program are 
                                                comparable to 
                                                or more 
                                                restrictive 
                                                than those in 
                                                effect on June 
                                                1, 1995.
                                  (IV) Conditions.--The 
                                conditions referred to in 
                                subclause (I) shall be met for 
                                a local educational agency for 
                                a school year if--
                                          (aa) the nonresponse 
                                        rate for the local 
                                        educational agency for 
                                        the preceding school 
                                        year is less than 20 
                                        percent; or
                                          (bb) the local 
                                        educational agency has 
                                        more than 20,000 
                                        children approved by 
                                        application by the 
                                        local educational 
                                        agency as eligible for 
                                        free or reduced price 
                                        meals for the school 
                                        year, as of October 1 
                                        of the school year, 
                                        and--
                                                  (AA) the 
                                                nonresponse 
                                                rate for the 
                                                preceding 
                                                school year is 
                                                at least 10 
                                                percent below 
                                                the nonresponse 
                                                rate for the 
                                                second 
                                                preceding 
                                                school year; or
                                                  (BB) in the 
                                                case of the 
                                                school year 
                                                beginning July 
                                                2005, the local 
                                                educational 
                                                agency attempts 
                                                to verify all 
                                                approved 
                                                household 
                                                applications 
                                                selected for 
                                                verification 
                                                through use of 
                                                public agency 
                                                records from at 
                                                least 2 of the 
                                                programs or 
                                                sources of 
                                                information 
                                                described in 
                                                subparagraph 
                                                (F)(i).
                          (v) Additional selected 
                        applications.--A sample for a local 
                        educational agency for a school year 
                        under clauses (iii) and (iv)(III)(AA) 
                        shall include the number of additional 
                        randomly selected approved household 
                        applications that are required to 
                        comply with the sample size 
                        requirements in those clauses.
                  (E) Preliminary review.--
                          (i) Review for accuracy.--
                                  (I) In general.--Prior to 
                                conducting any other 
                                verification activity for 
                                approved household applications 
                                selected for verification, the 
                                local educational agency shall 
                                ensure that the initial 
                                eligibility determination for 
                                each approved household 
                                application is reviewed for 
                                accuracy by an individual other 
                                than the individual making the 
                                initial eligibility 
                                determination, unless otherwise 
                                determined by the Secretary.
                                  (II) Waiver.--The 
                                requirements of subclause (I) 
                                shall be waived for a local 
                                educational agency if the local 
                                educational agency is using a 
                                technology-based solution that 
                                demonstrates a high level of 
                                accuracy, to the satisfaction 
                                of the Secretary, in processing 
                                an initial eligibility 
                                determination in accordance 
                                with the income eligibility 
                                guidelines of the school lunch 
                                program.
                          (ii) Correct eligibility 
                        determination.--If the review indicates 
                        that the initial eligibility 
                        determination is correct, the local 
                        educational agency shall verify the 
                        approved household application.
                          (iii) Incorrect eligibility 
                        determination.--If the review indicates 
                        that the initial eligibility 
                        determination is incorrect, the local 
                        educational agency shall (as determined 
                        by the Secretary)--
                                  (I) correct the eligibility 
                                status of the household;
                                  (II) notify the household of 
                                the change;
                                  (III) in any case in which 
                                the review indicates that the 
                                household is not eligible for 
                                free or reduced-price meals, 
                                notify the household of the 
                                reason for the ineligibility 
                                and that the household may 
                                reapply with income 
                                documentation for free or 
                                reduced-price meals; and
                                  (IV) in any case in which the 
                                review indicates that the 
                                household is eligible for free 
                                or reduced-price meals, verify 
                                the approved household 
                                application.
                  (F) Direct verification.--
                          (i) In general.--Subject to clauses 
                        (ii) and (iii), to verify eligibility 
                        for free or reduced price meals for 
                        approved household applications 
                        selected for verification, the local 
                        educational agency may (in accordance 
                        with criteria established by the 
                        Secretary) first obtain and use income 
                        and program participation information 
                        from a public agency administering--
                                  (I) the supplemental 
                                nutrition assistance program 
                                established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 
                                2011 et seq.);
                                  (II) the food distribution 
                                program on Indian reservations 
                                established under section 4(b) 
                                of the Food and Nutrition Act 
                                of 2008 (7 U.S.C. 2013(b));
                                  (III) the temporary 
                                assistance for needy families 
                                program funded under part A of 
                                title IV of the Social Security 
                                Act (42 U.S.C. 601 et seq.);
                                  (IV) the State medicaid 
                                program under title XIX of the 
                                Social Security Act (42 U.S.C. 
                                1396 et seq.); or
                                  (V) a similar income-tested 
                                program or other source of 
                                information, as determined by 
                                the Secretary.
                          (ii) Free meals.--Public agency 
                        records that may be obtained and used 
                        under clause (i) to verify eligibility 
                        for free meals for approved household 
                        applications selected for verification 
                        shall include the most recent available 
                        information (other than information 
                        reflecting program participation or 
                        income before the 180-day period ending 
                        on the date of application for free 
                        meals) that is relied on to 
                        administer--
                                  (I) a program or source of 
                                information described in clause 
                                (i) (other than clause 
                                (i)(IV)); or
                                  (II) the State plan for 
                                medical assistance under title 
                                XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.) in--
                                          (aa) a State in which 
                                        the income eligibility 
                                        limit applied under 
                                        section 1902(l)(2)(C) 
                                        of that Act (42 U.S.C. 
                                        1396a(l)(2)(C)) is not 
                                        more than 133 percent 
                                        of the official poverty 
                                        line described in 
                                        section 1902(l)(2)(A) 
                                        of that Act (42 U.S.C. 
                                        1396a(l)(2)(A)); or
                                          (bb) a State that 
                                        otherwise identifies 
                                        households that have 
                                        income that is not more 
                                        than 133 percent of the 
                                        official poverty line 
                                        described in section 
                                        1902(l)(2)(A) of that 
                                        Act (42 U.S.C. 
                                        1396a(l)(2)(A)).
                          (iii) Reduced price meals.--Public 
                        agency records that may be obtained and 
                        used under clause (i) to verify 
                        eligibility for reduced price meals for 
                        approved household applications 
                        selected for verification shall include 
                        the most recent available information 
                        (other than information reflecting 
                        program participation or income before 
                        the 180-day period ending on the date 
                        of application for reduced price meals) 
                        that is relied on to administer--
                                  (I) a program or source of 
                                information described in clause 
                                (i) (other than clause 
                                (i)(IV)); or
                                  (II) the State plan for 
                                medical assistance under title 
                                XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.) in--
                                          (aa) a State in which 
                                        the income eligibility 
                                        limit applied under 
                                        section 1902(l)(2)(C) 
                                        of that Act (42 U.S.C. 
                                        1396a(l)(2)(C)) is not 
                                        more than 185 percent 
                                        of the official poverty 
                                        line described in 
                                        section 1902(l)(2)(A) 
                                        of that Act (42 U.S.C. 
                                        1396a(l)(2)(A)); or
                                          (bb) a State that 
                                        otherwise identifies 
                                        households that have 
                                        income that is not more 
                                        than 185 percent of the 
                                        official poverty line 
                                        described in section 
                                        1902(l)(2)(A) of that 
                                        Act (42 U.S.C. 
                                        1396a(l)(2)(A)).
                          (iv) Evaluation.--Not later than 3 
                        years after the date of enactment of 
                        this subparagraph, the Secretary shall 
                        complete an evaluation of--
                                  (I) the effectiveness of 
                                direct verification carried out 
                                under this subparagraph in 
                                decreasing the portion of the 
                                verification sample that must 
                                be verified under subparagraph 
                                (G) while ensuring that 
                                adequate verification 
                                information is obtained; and
                                  (II) the feasibility of 
                                direct verification by State 
                                agencies and local educational 
                                agencies.
                          (v) Expanded use of direct 
                        verification.--If the Secretary 
                        determines that direct verification 
                        significantly decreases the portion of 
                        the verification sample that must be 
                        verified under subparagraph (G), while 
                        ensuring that adequate verification 
                        information is obtained, and can be 
                        conducted by most State agencies and 
                        local educational agencies, the 
                        Secretary may require a State agency or 
                        local educational agency to implement 
                        direct verification through 1 or more 
                        of the programs described in clause 
                        (i), as determined by the Secretary, 
                        unless the State agency or local 
                        educational agency demonstrates (under 
                        criteria established by the Secretary) 
                        that the State agency or local 
                        educational agency lacks the capacity 
                        to conduct, or is unable to implement, 
                        direct verification.
                  (G) Household verification.--
                          (i) In general.--If an approved 
                        household application is not verified 
                        through the use of public agency 
                        records, a local educational agency 
                        shall provide to the household written 
                        notice that--
                                  (I) the approved household 
                                application has been selected 
                                for verification; and
                                  (II) the household is 
                                required to submit verification 
                                information to confirm 
                                eligibility for free or reduced 
                                price meals.
                          (ii) Phone number.--The written 
                        notice in clause (i) shall include a 
                        toll-free phone number that parents and 
                        legal guardians in households selected 
                        for verification can call for 
                        assistance with the verification 
                        process.
                          (iii) Followup activities.--If a 
                        household does not respond to a 
                        verification request, a local 
                        educational agency shall make at least 
                        1 attempt to obtain the necessary 
                        verification from the household in 
                        accordance with guidelines and 
                        regulations promulgated by the 
                        Secretary.
                          (iv) Contract authority for school 
                        food authorities.--A local educational 
                        agency may contract (under standards 
                        established by the Secretary) with a 
                        third party to assist the local 
                        educational agency in carrying out 
                        clause (iii).
                  (H) Verification deadline.--
                          (i) General deadline.--
                                  (I) In general.--Subject to 
                                subclause (II), not later than 
                                November 15 of each school 
                                year, a local educational 
                                agency shall complete the 
                                verification activities 
                                required for the school year 
                                (including followup 
                                activities).
                                  (II) Extension.--Under 
                                criteria established by the 
                                Secretary, a State may extend 
                                the deadline established under 
                                subclause (I) for a school year 
                                for a local educational agency 
                                to December 15 of the school 
                                year.
                          (ii) Eligibility changes.--Based on 
                        the verification activities, the local 
                        educational agency shall make 
                        appropriate modifications to the 
                        eligibility determinations made for 
                        household applications in accordance 
                        with criteria established by the 
                        Secretary.
                  (I) Local conditions.--In the case of a 
                natural disaster, civil disorder, strike, or 
                other local condition (as determined by the 
                Secretary), the Secretary may substitute 
                alternatives for--
                          (i) the sample size and sample 
                        selection criteria established under 
                        subparagraph (D); and
                          (ii) the verification deadline 
                        established under subparagraph (H).
                  (J) Individual review.--In accordance with 
                criteria established by the Secretary, the 
                local educational agency may, on individual 
                review--
                          (i) decline to verify no more than 5 
                        percent of approved household 
                        applications selected under 
                        subparagraph (D); and
                          (ii) replace the approved household 
                        applications with other approved 
                        household applications to be verified.
                  (K) Feasibility study.--
                          (i) In general.--The Secretary shall 
                        conduct a study of the feasibility of 
                        using computer technology (including 
                        data mining) to reduce--
                                  (I) overcertification errors 
                                in the school lunch program 
                                under this Act;
                                  (II) waste, fraud, and abuse 
                                in connection with this 
                                paragraph; and
                                  (III) errors, waste, fraud, 
                                and abuse in other nutrition 
                                programs, as determined to be 
                                appropriate by the Secretary.
                          (ii) Report.--Not later than 180 days 
                        after the date of enactment of this 
                        paragraph, the Secretary shall submit 
                        to the Committee on Education and the 
                        Workforce of the House of 
                        Representatives and the Committee on 
                        Agriculture, Nutrition, and Forestry of 
                        the Senate a report describing--
                                  (I) the results of the 
                                feasibility study conducted 
                                under this subsection;
                                  (II) how a computer system 
                                using technology described in 
                                clause (i) could be 
                                implemented;
                                  (III) a plan for 
                                implementation; and
                                  (IV) proposed legislation, if 
                                necessary, to implement the 
                                system.
          (4) Direct certification for children in supplemental 
        nutrition assistance program households.--
                  (A) In general.--Subject to subparagraph (D), 
                each State agency shall enter into an agreement 
                with the State agency conducting eligibility 
                determinations for the supplemental nutrition 
                assistance program established under the Food 
                and Nutrition Act of 2008 (7 U.S.C. 2011 et 
                seq.).
                  (B) Procedures.--Subject to paragraph (6), 
                the agreement shall establish procedures under 
                which a child who is a member of a household 
                receiving assistance under the supplemental 
                nutrition assistance program shall be certified 
                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.
                  (C) Certification.--Subject to paragraph (6), 
                under the agreement, the local educational 
                agency conducting eligibility determinations 
                for a school lunch program under this Act and a 
                school breakfast program under the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
                shall certify a child who is a member of a 
                household receiving assistance under the 
                supplemental nutrition assistance program 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.
                  (D) Applicability.--This paragraph applies 
                to--
                          (i) in the case of the school year 
                        beginning July 2006, a school district 
                        that had an enrollment of 25,000 
                        students or more in the preceding 
                        school year;
                          (ii) in the case of the school year 
                        beginning July 2007, a school district 
                        that had an enrollment of 10,000 
                        students or more in the preceding 
                        school year; and
                          (iii) in the case of the school year 
                        beginning July 2008 and each subsequent 
                        school year, each local educational 
                        agency.
                  (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.
                  (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.
                  (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).
          (5) Discretionary certification.--Subject to 
        paragraph (6), any local educational agency may certify 
        any child as eligible for free lunches or breakfasts, 
        without further application, by directly communicating 
        with the appropriate State or local agency to obtain 
        documentation of the status of the child as--
                  (A) a member of a family that is receiving 
                assistance under the temporary assistance for 
                needy families program funded under part A of 
                title IV of the Social Security Act (42 U.S.C. 
                601 et seq.) that the Secretary determines 
                complies with standards established by the 
                Secretary that ensure that the standards under 
                the State program are comparable to or more 
                restrictive than those in effect on June 1, 
                1995;
                  (B) a homeless child or youth (defined as 1 
                of the individuals described in section 725(2) 
                of the McKinney-Vento Homeless Assistance Act 
                (42 U.S.C. 11434a(2));
                  (C) served by the runaway and homeless youth 
                grant program established under the Runaway and 
                Homeless Youth Act (42 U.S.C. 5701 et seq.);
                  (D) a migratory child (as defined in section 
                1309 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6399)); or
                  (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.
          (6) Use or disclosure of information.--
                  (A) In general.--The use or disclosure of any 
                information obtained from an application for 
                free or reduced price meals, or from a State or 
                local agency referred to in paragraph (3)(F), 
                (4), or (5), shall be limited to--
                          (i) a person directly connected with 
                        the administration or enforcement of 
                        this Act or the Child Nutrition Act of 
                        1966 (42 U.S.C. 1771 et seq.) 
                        (including a regulation promulgated 
                        under either Act);
                          (ii) a person directly connected with 
                        the administration or enforcement of--
                                  (I) a Federal education 
                                program;
                                  (II) a State health or 
                                education program administered 
                                by the State or local 
                                educational agency (other than 
                                a program carried out under 
                                title XIX or XXI of the Social 
                                Security Act (42 U.S.C. 1396 et 
                                seq.; 42 U.S.C. 1397aa et 
                                seq.)); or
                                  (III) a Federal, State, or 
                                local means-tested nutrition 
                                program with eligibility 
                                standards comparable to the 
                                school lunch program under this 
                                Act;
                          (iii)(I) the Comptroller General of 
                        the United States for audit and 
                        examination authorized by any other 
                        provision of law; and
                          (II) notwithstanding any other 
                        provision of law, a Federal, State, or 
                        local law enforcement official for the 
                        purpose of investigating an alleged 
                        violation of any program covered by 
                        this paragraph or paragraph (3)(F), 
                        (4), or (5);
                          (iv) a person directly connected with 
                        the administration of the State 
                        medicaid program under title XIX of the 
                        Social Security Act (42 U.S.C. 1396 et 
                        seq.) or the State children's health 
                        insurance program under title XXI of 
                        that Act (42 U.S.C. 1397aa et seq.) 
                        solely for the purposes of--
                                  (I) identifying children 
                                eligible for benefits under, 
                                and enrolling children in, 
                                those programs, except that 
                                this subclause shall apply only 
                                to the extent that the State 
                                and the local educational 
                                agency or school food authority 
                                so elect; and
                                  (II) verifying the 
                                eligibility of children for 
                                programs under this Act or the 
                                Child Nutrition Act of 1966 (42 
                                U.S.C. 1771 et seq.); and
                          (v) a third party contractor 
                        described in paragraph (3)(G)(iv).
                  (B) Limitation on information provided.--
                Information provided under clause (ii) or (v) 
                of subparagraph (A) shall be limited to the 
                income eligibility status of the child for whom 
                application for free or reduced price meal 
                benefits is made or for whom eligibility 
                information is provided under paragraph (3)(F), 
                (4), or (5), unless the consent of the parent 
                or guardian of the child for whom application 
                for benefits was made is obtained.
                  (C) Criminal penalty.--A person described in 
                subparagraph (A) who publishes, divulges, 
                discloses, or makes known in any manner, or to 
                any extent not authorized by Federal law 
                (including a regulation), any information 
                obtained under this subsection shall be fined 
                not more than $1,000 or imprisoned not more 
                than 1 year, or both.
                  (D) Requirements for waiver of 
                confidentiality.--A State that elects to 
                exercise the option described in subparagraph 
                (A)(iv)(I) shall ensure that any local 
                educational agency or school food authority 
                acting in accordance with that option--
                          (i) has a written agreement with 1 or 
                        more State or local agencies 
                        administering health programs for 
                        children under titles XIX and XXI of 
                        the Social Security Act (42 U.S.C. 1396 
                        et seq. and 1397aa et seq.) that 
                        requires the health agencies to use the 
                        information obtained under subparagraph 
                        (A) to seek to enroll children in those 
                        health programs; and
                          (ii)(I) notifies each household, the 
                        information of which shall be disclosed 
                        under subparagraph (A), that the 
                        information disclosed will be used only 
                        to enroll children in health programs 
                        referred to in subparagraph (A)(iv); 
                        and
                          (II) provides each parent or guardian 
                        of a child in the household with an 
                        opportunity to elect not to have the 
                        information disclosed.
                  (E) Use of disclosed information.--A person 
                to which information is disclosed under 
                subparagraph (A)(iv)(I) shall use or disclose 
                the information only as necessary for the 
                purpose of enrolling children in health 
                programs referred to in subparagraph (A)(iv).
          (7) Free and reduced price policy statement.--
                  (A) In general.--After the initial 
                submission, a local educational agency shall 
                not be required to submit a free and reduced 
                price policy statement to a State educational 
                agency under this Act unless there is a 
                substantive change in the free and reduced 
                price policy of the local educational agency.
                  (B) Routine change.--A routine change in the 
                policy of a local educational agency (such as 
                an annual adjustment of the income eligibility 
                guidelines for free and reduced price meals) 
                shall not be sufficient cause for requiring the 
                local educational agency to submit a policy 
                statement.
          (8) Communications.--
                  (A) In general.--Any communication with a 
                household under this subsection or subsection 
                (d) shall be in an understandable and uniform 
                format and, to the maximum extent practicable, 
                in a language that parents and legal guardians 
                can understand.
                  (B) Electronic availability.--In addition to 
                the distribution of applications and 
                descriptive material in paper form as provided 
                for in this paragraph, the applications and 
                material may be made available electronically 
                via the Internet.
          (9) Eligibility for free and reduced price lunches.--
                  (A) Free lunches.--Any child who is a member 
                of a household whose income, at the time the 
                application is submitted, is at an annual rate 
                which does not exceed the applicable family 
                size income level of the income eligibility 
                guidelines for free lunches, as determined 
                under paragraph (1), shall be served a free 
                lunch.
                  (B) Reduced price lunches.--
                          (i) In general.--Any child who is a 
                        member of a household whose income, at 
                        the time the application is submitted, 
                        is at an annual rate greater than the 
                        applicable family size income level of 
                        the income eligibility guidelines for 
                        free lunches, as determined under 
                        paragraph (1), but less than or equal 
                        to the applicable family size income 
                        level of the income eligibility 
                        guidelines for reduced price lunches, 
                        as determined under paragraph (1), 
                        shall be served a reduced price lunch.
                          (ii) Maximum price.--The price 
                        charged for a reduced price lunch shall 
                        not exceed 40 cents.
                  (C) Duration.--Except as otherwise specified 
                in paragraph (3)(E), (3)(H)(ii), and section 
                11(a), eligibility for free or reduced price 
                meals for any school year shall remain in 
                effect--
                          (i) beginning on the date of 
                        eligibility approval for the current 
                        school year; and
                          (ii) ending on a date during the 
                        subsequent school year determined by 
                        the Secretary.
  (10) No physical segregation of or other discrimination 
against any child eligible for a free lunch or a reduced price 
lunch under this subsection shall be made by the school nor 
shall there be any overt identification of any child by special 
tokens or tickets, announced or published list of names, or by 
other means.
  (11) Any child who has a parent or guardian who (A) is 
responsible for the principal support of such child and (B) is 
unemployed shall be served a free or reduced price lunch, 
respectively, during any period (i) in which such child's 
parent or guardian continues to be unemployed and (ii) the 
income of the child's parents or guardians during such period 
of unemployment falls within the income eligibility criteria 
for free lunches or reduced price lunches, respectively, based 
on the current rate of income of such parents or guardians. 
Local educational agencies shall publicly announce that such 
children are eligible for free or reduced price lunch, and 
shall make determinations with respect to the status of any 
parent or guardian of any child under clauses (A) and (B) of 
the preceding sentence on the basis of a statement executed in 
such form as the Secretary may prescribe by such parent or 
guardian. No physical segregation of, or other discrimination 
against, any child eligible for a free or reduced price lunch 
under this paragraph shall be made by the school nor shall 
there be any overt identification of any such child by special 
tokens or tickets, announced or published lists of names, or by 
any other means.
  (12)(A) A child shall be considered automatically eligible 
for a free lunch and breakfast under this Act and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively, 
without further application or eligibility determination, if 
the child is--
          (i) a member of a household receiving assistance 
        under the supplemental nutrition assistance program 
        authorized under the Food and Nutrition Act of 2008 (7 
        U.S.C. 2011 et seq.);
          (ii) a member of a family (under the State program 
        funded under part A of title IV of the Social Security 
        Act (42 U.S.C. 601 et seq.)) that the Secretary 
        determines complies with standards established by the 
        Secretary that ensure that the standards under the 
        State program are comparable to or more restrictive 
        than those in effect on June 1, 1995;
          (iii) enrolled as a participant in a Head Start 
        program authorized under the Head Start Act (42 U.S.C. 
        9831 et seq.), on the basis of a determination that the 
        child meets the eligibility criteria prescribed under 
        section 645(a)(1)(B) of the Head Start Act (42 U.S.C. 
        9840(a)(1)(B));
                  (iv) a homeless child or youth (defined as 1 
                of the individuals described in section 725(2) 
                of the McKinney-Vento Homeless Assistance Act 
                (42 U.S.C. 11434a(2)));
                  (v) served by the runaway and homeless youth 
                grant program established under the Runaway and 
                Homeless Youth Act (42 U.S.C. 5701 et seq.);
                  (vi) a migratory child (as defined in section 
                1309 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6399)); or
                  (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.
  (B) Proof of receipt of supplemental nutrition assistance 
program benefits or assistance under the State program funded 
under part A of title IV of the Social Security Act (42 U.S.C. 
601 et seq.) that the Secretary determines complies with 
standards established by the Secretary that ensure that the 
standards under the State program are comparable to or more 
restrictive than those in effect on June 1, 1995, or of 
enrollment or participation in a Head Start program on the 
basis described in subparagraph (A)(iii), shall be sufficient 
to satisfy any verification requirement imposed under this 
subsection.
          (13) Exclusion of certain military housing 
        allowances.--The amount of a basic allowance provided 
        under section 403 of title 37, United States Code, on 
        behalf of a member of a uniformed service for housing 
        that is acquired or constructed under subchapter IV of 
        chapter 169 of title 10, United States Code, or any 
        related provision of law, shall not be considered to be 
        income for the purpose of determining the eligibility 
        of a child who is a member of the household of the 
        member of a uniformed service for free or reduced price 
        lunches under this Act.
          (14) Combat pay.--
                  (A) Definition of combat pay.--In this 
                paragraph, the term ``combat pay'' means any 
                additional payment under chapter 5 of title 37, 
                United States Code, or otherwise designated by 
                the Secretary to be appropriate for exclusion 
                under this paragraph, that is received by or 
                from a member of the United States Armed Forces 
                deployed to a designated combat zone, if the 
                additional pay--
                          (i) is the result of deployment to or 
                        service in a combat zone; and
                          (ii) was not received immediately 
                        prior to serving in a combat zone.
                  (B) Exclusion.--Combat pay shall not be 
                considered to be income for the purpose of 
                determining the eligibility for free or reduced 
                price meals of a child who is a member of the 
                household of a member of the United States 
                Armed Forces.
          (15) Direct certification for children receiving 
        medicaid benefits.--
                  (A) Definitions.--In this paragraph:
                          (i) Eligible child.--The term 
                        ``eligible child'' means a child--
                                  (I)(aa) who is eligible for 
                                and receiving medical 
                                assistance under the Medicaid 
                                program; and
                                  (bb) who is a member of a 
                                family with an income as 
                                measured by the Medicaid 
                                program before the application 
                                of any expense, block, or other 
                                income disregard, that does not 
                                exceed 133 percent of the 
                                poverty line (as defined in 
                                section 673(2) of the Community 
                                Services Block Grant Act (42 
                                U.S.C. 9902(2), including any 
                                revision required by such 
                                section)) applicable to a 
                                family of the size used for 
                                purposes of determining 
                                eligibility for the Medicaid 
                                program; or
                                  (II) who is a member of a 
                                household (as that term is 
                                defined in section 245.2 of 
                                title 7, Code of Federal 
                                Regulations (or successor 
                                regulations) with a child 
                                described in subclause (I).
                          (ii) Medicaid program.--The term 
                        ``Medicaid program'' means the program 
                        of medical assistance established under 
                        title XIX of the Social Security Act 
                        (42 U.S.C. 1396 et seq.).
                  (B) Demonstration project.--
                          (i) In general.--The Secretary, 
                        acting through the Administrator of the 
                        Food and Nutrition Service and in 
                        cooperation with selected State 
                        agencies, shall conduct a demonstration 
                        project in selected local educational 
                        agencies to determine whether direct 
                        certification of eligible children is 
                        an effective method of certifying 
                        children for free lunches and 
                        breakfasts under section 9(b)(1)(A) of 
                        this Act and section 4(e)(1)(A) of the 
                        Child Nutrition Act of 1966 (42 U.S.C. 
                        1773(e)(1)(A)).
                          (ii) Scope of project.--The Secretary 
                        shall carry out the demonstration 
                        project under this subparagraph--
                                  (I) for the school year 
                                beginning July 1, 2012, in 
                                selected local educational 
                                agencies that collectively 
                                serve 2.5 percent of students 
                                certified for free and reduced 
                                price meals nationwide, based 
                                on the most recent available 
                                data;
                                  (II) for the school year 
                                beginning July 1, 2013, in 
                                selected local educational 
                                agencies that collectively 
                                serve 5 percent of students 
                                certified for free and reduced 
                                price meals nationwide, based 
                                on the most recent available 
                                data; and
                                  (III) for the school year 
                                beginning July 1, 2014, and 
                                each subsequent school year, in 
                                selected local educational 
                                agencies that collectively 
                                serve 10 percent of students 
                                certified for free and reduced 
                                price meals nationwide, based 
                                on the most recent available 
                                data.
                          (iii) Purposes of the project.--At a 
                        minimum, the purposes of the 
                        demonstration project shall be--
                                  (I) to determine the 
                                potential of direct 
                                certification with the Medicaid 
                                program to reach children who 
                                are eligible for free meals but 
                                not certified to receive the 
                                meals;
                                  (II) to determine the 
                                potential of direct 
                                certification with the Medicaid 
                                program to directly certify 
                                children who are enrolled for 
                                free meals based on a household 
                                application; and
                                  (III) to provide an estimate 
                                of the effect on Federal costs 
                                and on participation in the 
                                school lunch program under this 
                                Act and the school breakfast 
                                program established by section 
                                4 of the Child Nutrition Act of 
                                1966 (42 U.S.C. 1773) of direct 
                                certification with the Medicaid 
                                program.
                          (iv) Cost estimate.--For each of 2 
                        school years of the demonstration 
                        project, the Secretary shall estimate 
                        the cost of the direct certification of 
                        eligible children for free school meals 
                        through data derived from--
                                  (I) the school meal programs 
                                authorized under this Act and 
                                the Child Nutrition Act of 1966 
                                (42 U.S.C. 1771 et seq.);
                                  (II) the Medicaid program; 
                                and
                                  (III) interviews with a 
                                statistically representative 
                                sample of households.
                  (C) Agreement.--
                          (i) In general.--Not later than July 
                        1 of the first school year during which 
                        a State agency will participate in the 
                        demonstration project, the State agency 
                        shall enter into an agreement with the 
                        1 or more State agencies conducting 
                        eligibility determinations for the 
                        Medicaid program.
                          (ii) Without further application.--
                        Subject to paragraph (6), the agreement 
                        described in subparagraph (D) shall 
                        establish procedures under which an 
                        eligible child shall be certified for 
                        free lunches under this Act and free 
                        breakfasts under section 4 of the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1773), 
                        without further application (as defined 
                        in paragraph (4)(G)).
                  (D) Certification.--For the school year 
                beginning on July 1, 2012, and each subsequent 
                school year, subject to paragraph (6), the 
                local educational agencies participating in the 
                demonstration project shall certify an eligible 
                child as eligible for free lunches under this 
                Act and free breakfasts under the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
                without further application (as defined in 
                paragraph (4)(G)).
                  (E) Site selection.--
                          (i) In general.--To be eligible to 
                        participate in the demonstration 
                        project under this subsection, a State 
                        agency shall submit to the Secretary an 
                        application at such time, in such 
                        manner, and containing such information 
                        as the Secretary may require.
                          (ii) Considerations.--In selecting 
                        States and local educational agencies 
                        for participation in the demonstration 
                        project, the Secretary may take into 
                        consideration such factors as the 
                        Secretary considers to be appropriate, 
                        which may include--
                                  (I) the rate of direct 
                                certification;
                                  (II) the share of individuals 
                                who are eligible for benefits 
                                under the supplemental 
                                nutrition assistance program 
                                established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 
                                2011 et seq.) who participate 
                                in the program, as determined 
                                by the Secretary;
                                  (III) the income eligibility 
                                limit for the Medicaid program;
                                  (IV) the feasibility of 
                                matching data between local 
                                educational agencies and the 
                                Medicaid program;
                                  (V) the socioeconomic profile 
                                of the State or local 
                                educational agencies; and
                                  (VI) the willingness of the 
                                State and local educational 
                                agencies to comply with the 
                                requirements of the 
                                demonstration project.
                  (F) Access to data.--For purposes of 
                conducting the demonstration project under this 
                paragraph, the Secretary shall have access to--
                          (i) educational and other records of 
                        State and local educational and other 
                        agencies and institutions receiving 
                        funding or providing benefits for 1 or 
                        more programs authorized under this Act 
                        or the Child Nutrition Act of 1966 (42 
                        U.S.C. 1771 et seq.); and
                          (ii) income and program participation 
                        information from public agencies 
                        administering the Medicaid program.
                  (G) Report to congress.--
                          (i) In general.--Not later than 
                        October 1, 2014, the Secretary shall 
                        submit to the Committee on Education 
                        and Labor of the House of 
                        Representatives and the Committee on 
                        Agriculture, Nutrition, and Forestry of 
                        the Senate, an interim report that 
                        describes the results of the 
                        demonstration project required under 
                        this paragraph.
                          (ii) Final report.--Not later than 
                        October 1, 2015, the Secretary shall 
                        submit a final report to the committees 
                        described in clause (i).
                  (H) Funding.--
                          (i) In general.--On October 1, 2010, 
                        out of any funds in the Treasury not 
                        otherwise appropriated, the Secretary 
                        of the Treasury shall transfer to the 
                        Secretary to carry out subparagraph (G) 
                        $5,000,000, to remain available until 
                        expended.
                          (ii) Receipt and acceptance.--The 
                        Secretary shall be entitled to receive, 
                        shall accept, and shall use to carry 
                        out subparagraph (G) the funds 
                        transferred under clause (i), without 
                        further appropriation.
  (c) School lunch programs under this Act shall be operated on 
a nonprofit basis. Commodities purchased under the authority of 
section 32 of the Act of August 24, 1935, may be donated by the 
Secretary to schools, in accordance with the needs as 
determined by local school authorities, for utilization in the 
school lunch program under this Act as well as to other schools 
carrying out nonprofit school lunch programs and institutions 
authorized to receive such commodities. The requirements of 
this section relating to the service of meals without cost or 
at a reduced cost shall apply to the lunch program of any 
school utilizing commodities donated under any provision of 
law.
  (d)(1) The Secretary shall require as a condition of 
eligibility for receipt of free or reduced price lunches that 
the member of the household who executes the application 
furnish the last 4 digits of the social security account number 
of the parent or guardian who is the primary wage earner 
responsible for the care of the child for whom the application 
is made, or that of another appropriate adult member of the 
child's household, as determined by the Secretary.
  (2) No member of a household may be provided a free or 
reduced price lunch under this Act unless--
          (A) appropriate documentation relating to the income 
        of such household (as prescribed by the Secretary) has 
        been provided to the appropriate local educational 
        agency so that the local educational agency may 
        calculate the total income of such household;
          (B) documentation showing that the household is 
        participating in the supplemental nutrition assistance 
        program under the Food and Nutrition Act of 2008 has 
        been provided to the appropriate local educational 
        agency;
          (C) documentation has been provided to the 
        appropriate local educational agency showing that the 
        family is receiving assistance under the State program 
        funded under part A of title IV of the Social Security 
        Act that the Secretary determines complies with 
        standards established by the Secretary that ensure that 
        the standards under the State program are comparable to 
        or more restrictive than those in effect on June 1, 
        1995;
          (D) documentation has been provided to the 
        appropriate local educational agency showing that the 
        child meets the criteria specified in clauses (iv) or 
        (v) of subsection (b)(12)(A);
          (E) documentation has been provided to the 
        appropriate local educational agency showing the status 
        of the child as a migratory child (as defined in 
        section 1309 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6399));
          (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; or
          (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)).
  (e) A school or school food authority participating in a 
program under this Act may not contract with a food service 
company to provide a la carte food service unless the company 
agrees to offer free, reduced price, and full-price 
reimbursable meals to all eligible children.
  (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.
  (2) To assist schools in meeting the requirements of this 
subsection, the Secretary--
          (A) shall--
                  (i) develop, and provide to schools, 
                standardized recipes, menu cycles, and food 
                product specification and preparation 
                techniques; and
                  (ii) provide to schools information regarding 
                nutrient standard menu planning, assisted 
                nutrient standard menu planning, and food-based 
                menu systems; and
          (B) may provide to schools information regarding 
        other approaches, as determined by the Secretary.
  (3) Use of any reasonable approach.--
          (A) In general.--A school food service authority may 
        use any reasonable approach, within guidelines 
        established by the Secretary in a timely manner, to 
        meet the requirements of this subsection, including--
                  (i) using the school nutrition meal pattern 
                in effect for the 1994-1995 school year; and
                  (ii) using any of the approaches described in 
                paragraph (3).
          (B) Nutrient analysis.--The Secretary may not require 
        a school to conduct or use a nutrient analysis to meet 
        the requirements of this subsection.
          (4) Waiver of requirement for weighted averages for 
        nutrient analysis.--During the period ending on 
        September 30, 2010, the Secretary shall not require the 
        use of weighted averages for nutrient analysis of menu 
        items and foods offered or served as part of a meal 
        offered or served under the school lunch program under 
        this Act or the school breakfast program under section 
        4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
  (g) Not later than 1 year after the date of enactment of this 
subsection, the Secretary shall provide a notification to 
Congress that justifies the need for production records 
required under section 210.10(b) of title 7, Code of Federal 
Regulations, and describes how the Secretary has reduced 
paperwork relating to the school lunch and school breakfast 
programs.
  (h) Food Safety.--
          (1) In general.--A school participating in the school 
        lunch program under this Act or the school breakfast 
        program under section 4 of the Child Nutrition Act of 
        1966 (42 U.S.C. 1773) shall--
                  (A) at least twice during each school year, 
                obtain a food safety inspection conducted by a 
                State or local governmental agency responsible 
                for food safety inspections;
                  (B) post in a publicly visible location a 
                report on the most recent inspection conducted 
                under subparagraph (A); and
                  (C) on request, provide a copy of the report 
                to a member of the public.
          (2) State and local government inspections.--Nothing 
        in paragraph (1) prevents any State or local government 
        from adopting or enforcing any requirement for more 
        frequent food safety inspections of schools.
          (3) Audits and reports by states.--For fiscal year 
        2023, each State shall annually--
                  (A) audit food safety inspections of schools 
                conducted under paragraphs (1) and (2); and
                  (B) submit to the Secretary a report of the 
                results of the audit.
          (4) Audit by the secretary.--For fiscal year 2023, 
        the Secretary shall annually audit State reports of 
        food safety inspections of schools submitted under 
        paragraph (3).
          (5) School food safety program.--
                  (A) In general.--Each school food authority 
                shall implement a school food safety program, 
                in the preparation and service of each meal 
                served to children, that complies with any 
                hazard analysis and critical control point 
                system established by the Secretary.
                  (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).
  (i) Single Permanent Agreement Between State Agency and 
School Food Authority; Common Claims Form.--
          (1) In general.--If a single State agency administers 
        any combination of the school lunch program under this 
        Act, the school breakfast program under section 4 of 
        the Child Nutrition Act of 1966 (42 U.S.C. 1773), the 
        summer food service program for children under section 
        13 of this Act, or the child and adult care food 
        program under section 17 of this Act, the agency 
        shall--
                  (A) require each school food authority to 
                submit to the State agency a single agreement 
                with respect to the operation by the authority 
                of the programs administered by the State 
                agency; and
                  (B) use a common claims form with respect to 
                meals and supplements served under the programs 
                administered by the State agency.
          (2) Additional requirement.--The agreement described 
        in paragraph (1)(A) shall be a permanent agreement that 
        may be amended as necessary.
  (j) Purchases of Locally Produced Foods.--The Secretary 
shall--
          (1) encourage institutions receiving funds under this 
        Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 
        et seq.) to purchase unprocessed agricultural products, 
        both locally grown and locally raised, to the maximum 
        extent practicable and appropriate;
          (2) advise institutions participating in a program 
        described in paragraph (1) of the policy described in 
        that paragraph and paragraph (3) and post information 
        concerning the policy on the website maintained by the 
        Secretary; and
          (3) allow institutions receiving funds under this Act 
        and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
        seq.), including the Department of Defense Fresh Fruit 
        and Vegetable Program, to use a geographic preference 
        for the procurement of unprocessed agricultural 
        products, both locally grown and locally raised.
  (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.
  (l) Food Donation Program.--
          (1) In general.--Each school and local educational 
        agency participating in the school lunch program under 
        this Act may donate any food not consumed under such 
        program to eligible local food banks or charitable 
        organizations.
          (2) Guidance.--
                  (A) In general.--Not later than 180 days 
                after the date of the enactment of this 
                subsection, the Secretary shall develop and 
                publish guidance to schools and local 
                educational agencies participating in the 
                school lunch program under this Act to assist 
                such schools and local educational agencies in 
                donating food under this subsection.
                  (B) Updates.--The Secretary shall update such 
                guidance as necessary.
          (3) Liability.--Any school or local educational 
        agency making donations pursuant to this subsection 
        shall be exempt from civil and criminal liability to 
        the extent provided under the Bill Emerson Good 
        Samaritan Food Donation Act (42 U.S.C. 1791).
          (4) Definition.--In this subsection, the term 
        ``eligible local food banks or charitable 
        organizations'' means any food bank or charitable 
        organization which is exempt from tax under section 
        501(c)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(c)(3)).

           *       *       *       *       *       *       *


                             MINORITY VIEWS

                              INTRODUCTION

    H.R. 1147, the Whole Milk for Healthy Kids Act of 2023, 
removes the requirement for milk to be served in the National 
School Lunch Program consistent with the Dietary Guidelines for 
Americans (DGAs), a federally established, evidence-based 
comprehensive set of recommendations on nutrition. In making 
nutrition policy, it is important to maintain the unbiased 
process to ensure that children receive the most nutritious 
meals possible, free from political interests and interference. 
H.R. 1147 sets a precedent of Congress legislating the foods 
served in schools, even if such legislation would contradict 
evidence-based recommendations of the DGAs. Further, H.R. 1147 
runs contrary to the Committee's long-standing bipartisan 
practice of not considering standalone child nutrition 
legislation outside of a full reauthorization of federal child 
nutrition programs. The bill is opposed by organizations such 
as National WIC Association, the Center for Science in the 
Public Interest, the Physicians Committee for Responsible 
Medicine, and the American Heart Association. Further, the 
American Public Health Association, and over 60 other 
organizations have expressed concerns about attempts to bring 
whole milk back into the school meals program.\1\
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    \1\Cf. Letter to Sens. Murray, Heinrich, Collins, and Hoeven & 
Reps. Granger, Harris, Delauro and Bishop from over 60 organizations 
opposing changes to weaken nutrition standards in the Fiscal Year (FY) 
2024 appropriations process, Mar. 12, 2023 (``Further, we are similarly 
concerned about attempts to bring whole milk into the school meals 
program. The Dietary Guidelines is explicit in its recommendation that 
everyone 2 years and older should limit their intake of saturated fat 
and choose fat-free or 1-percent low-fat milk instead of 2-percent 
reduced-fat or whole milk.The proposed rule reiterates this, while 
providing flexibilities for flavored 1-percent milk. Yet continued 
industry attempts to circumvent the science persist.'') (on file with 
author).
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   CHILD NUTRITION PROGRAMS SUPPORT CHILDREN'S HEALTH AND DEVELOPMENT

    Federal child nutrition programs such as the National 
School Lunch Program (NSLP) provide many school-aged children 
with up to half their daily calories.\2\ Research has shown 
that nutrition plays a key role in the health and academic 
outcomes of children,\3\ making it vital that school meals are 
as nutritious as possible. Strong nutrition standards for the 
foods and beverages provided through federal child nutrition 
programs are especially important for improving health equity. 
Black, Hispanic, and American Indian and Alaska Native 
communities are often disproportionally impacted by food 
insecurity.\4\ Additionally, strong nutrition standards have a 
demonstrated positive health impact on children; the previous 
update to the school meal patterns, more than a decade ago, led 
to increased consumption of fruits, vegetables, and whole 
grain-rich foods, and reduced consumption of saturated fat and 
sodium.\5\
---------------------------------------------------------------------------
    \2\Lindsay Miller et al., Rapid Health Impact Assessment on Changes 
to School Nutrition Standards to Align with 2020-2025 Dietary 
Guidelines for Americans 2, (2023), https://healthyeatingresearch.org/
wp-content/uploads/2023/02/HER Health-Impact-Asessment-FIN.pdf.
    \3\See, e.g., Howard Taras, Nutrition and Student Performance at 
School, 75 J. of Sch. Health 199, 199-213 (2005); Debbie MacLellan et 
al., Food Intake and Academic Performance Among Adolescents, 69 Can. J. 
of Dietetic Practice & Rsch. 141, (2008).
    \4\Alisha Coleman-Jensen et al., Household Food Security in the 
United States in 2020, 20 (U.S.D.A. ERS 2021). https://
www.ers.usda.gov/webdocs/publications/102076/err-298.pdf; Valarie Blue 
Bird Jernigan et al., Food Insecurity among American Indians and Alaska 
Natives: A National Profile Using the Current Population Survey--Food 
Security Supplement, 12 J. Hunger Environ. Nutr. 1 (2016), https://
www.ncbi.nlm.nih.gov/pmc/articles/PMC5422031/pdf/nihms827391.pdf.
    \5\Janelle Chaves, Changes to US school meal program helped reduce 
BMI in children and teens, study says, CNN (Feb. 13, 2023), https://
www.cnn.com/2023/02/13/health/school-meals-bmi-study-wellness/
index.html; Aruna Chandran et al., Changes in Body Mass Index among 
School-Aged Youths Following Implementation of the Healthy, Hunger-Free 
Kids Act of 2010, 177 JAMA Pediatrics 401, (2023), https://doi.org/
10.1001/jamapediatrics.2022.5828.
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Milk Can Provide Important Nutrition for Children
    Milk is an important source of protein and contains 
carbohydrates and fats.\6\ Along with macronutrients important 
for children's growth and development, milk is also a source of 
calcium and is fortified to provide vitamins A and D.\7\ The 
most recent DGAs, for 2020-2025, state that healthy dietary 
patterns include fat-free and low-fat (1%) milk, yogurt, and 
cheese, for children two years and older.\8\ Recognizing the 
nutritional benefits that milk can provide, regulation requires 
that unflavored milk be offered at each school meal service.\9\ 
While the meal program actively promotes milk consumption, 
researchers have found that national dairy fluid milk 
consumption declines with age; this decline is part of a 
longer-term decline that has been occurring since 1975, when 
the U.S. Department of Agriculture (USDA) began tracking annual 
consumption of milk, cheese, and other dairy products.\10\
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    \6\Paula C. Pereira, Milk nutritional composition and its role in 
human health, 30 Nutri. 619 (2014).
    \7\U.S. Dept. of Agriculture & U.S. Dept. of Health & Hum. Svcs., 
Dietary Guidelines for Americans, 2020-2025 60, (9th ed. 2020), https:/
/www.dietaryguidelines.gov/sites/default/files/2020-12/
Dietary_Guidelines_for_Americans_2020-2025.pdf.
    \8\Id. at 88. The DGAs recommend: 2-2\1/2\ cups or the equivalent 
per day of dairy for children ages 2 through 8 (based on caloric intake 
of 1,000-2,000 calories per day); and 3 cups or the equivalent per day 
of dairy for children ages 9 through 18 (based on caloric intake of 
1,400-3,200 calories per day).
    \9\7 C.F.R. Sec. 210.10(c).
    \10\Dave Natzke, Growth Industry: Dairy Product Consumption 
Measures Up, Ag Proud (Oct. 26, 2022), https://www.agproud.com/
articles/56206-growth-industry-dairy-product-consumption-measures-up.
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   CURRENT STATUTORY AND REGULATORY FRAMEWORK OF NUTRITION STANDARDS 
                           RELIES ON SCIENCE

    Since the authorization of the NSLP in 1946, the federal 
government has been responsible for the nutritional 
requirements in school meals. While nutritional requirements 
are not outlined in statute, current law requires the USDA 
Secretary to provide ``minimum nutritional requirements'' 
founded on ``tested nutritional research.''\11\ Current law 
also requires school meals to be ``consistent with the goals'' 
of the latest dietary guidelines.\12\ The DGAs are formed 
through an advisory committee of experts appointed to review 
scientific evidence on nutrition and health and consider public 
comments in the establishment of the DGAs.\13\ USDA establishes 
detailed nutritional requirements for school meal programs 
through regulations on a periodic basis consistent with the 
most recent DGAs.\14\ Specific nutrition standards for foods 
and beverages served in the NSLP are not written in statute. 
This is specifically to allow for adaptations in line with the 
latest science and expert recommendations. The framework also 
ensures that standards are developed apolitically and are 
largely independent of the legislative branch.
---------------------------------------------------------------------------
    \11\Richard B. Russell National School Lunch Act, 42 U.S.C. 
Sec. 1758(a)(1)(A).
    \12\Richard B. Russell National School Lunch Act, 42 U.S.C. 
Sec. 1758(f).
    \13\U.S. Dept. of Agriculture & U.S. Dept. of Health & Hum. Svcs., 
Learn about the Process, Dietary Guidelines for Americans, https://
www.dietaryguidelines.gov/learn-about-process#step-4-develop-the-
dietary-guidelines (last visited June 6, 2023).
    \14\7 C.F.R. Sec. 210.10; 7 C.F.R. Sec. 220.8.
---------------------------------------------------------------------------
    Whole milk\15\ and reduced-fat (2%) milk (flavored or 
unflavored) have not been permitted in school meals for over a 
decade. In 2012, updated regulations requiring school food 
authorities (SFAs) to offer unflavored low-fat (1%) and 
flavored fat-free milk were issued under the Obama 
Administration pursuant to the bipartisan Healthy, Hunger-Free 
Kids Act of 2010.\16\ Congressional and administrative actions 
resulted in low-fat (1%) flavored milk being available 
beginning in School Year (SY) 2017-2018. A Trump-era rule 
changed the standards (arguably in a manner inconsistent with 
the DGAs) until the rule was vacated by a U.S. District Court 
on procedural grounds.\17\
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    \15\Whole milk--or ``full-fat'' milk--is about 3.25-3.5% milk fat.
    \16\Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 296, 124 
Stat. 3183-3266 (2010).
    \17\A 2017 interim final rule from the Trump Administration, as 
well as the 2018 final rule, allowed SFAs to offer flavored low-fat 
milk; however, a U.S. District Court vacated the 2018 final rule, 
returning standards to the 2012 final rule. Since the 2012 final rule 
did not allow schools to offer low-fat flavored milk, Congress 
reinstated the allowance to offer low-fat flavored milk through a 
Fiscal Year (FY) 2021 appropriations rider. Child Nutrition Programs: 
Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines 
for Americans, 88 Fed. Reg. 8050 (Feb. 7, 2023) (to be codified at 7 
C.F.R. pt. 210. 215, 220, 225 and 226); Consolidated Appropriations 
Act, 2021, Pub. L. No. 116-260, Sec. 789, 134 Stat. 1182, 1231 (2020).
---------------------------------------------------------------------------
    The Biden Administration has committed to improving the 
health and nutrition of students by promulgating regulations to 
align school meal standards with the goals of the latest 
DGAs.\18\ On February 7, 2023, USDA published the Child 
Nutrition Programs: Revisions to Meal Patterns Consistent with 
the 2020 Dietary Guidelines for Americans.\19\ Under the 
proposed rule, flavored non-fat and low-fat milk (1%) would be 
subject to new proposed added sugar limits of no more than 10 
grams of sugar per 8 fluid ounces, effective SY 2025-2026.\20\ 
This guidance was based on research showing added sugars can 
increase risk factors associated with cardiovascular 
disease.\21\ With milk being the leading source of added sugars 
in school meal programs, this new guidance is a step toward 
addressing the health concerns related to the consumption of 
added sugars. USDA's proposed rule was open for public comment, 
and in fact, the comment period was extended to ensure time for 
stakeholder input.\22\
---------------------------------------------------------------------------
    \18\U.S. Dept. of Agriculture & U.S. Dept. of Health & Hum. Svcs., 
Work Under Way: About the Committee, Dietary Guidelines for Americans, 
https://www.dietaryguidelines.gov/2025-advisory-committee, (last 
visited June 6, 2023).
    \19\Child Nutrition Programs, supra note 17.
    \20\Id. at 8060.
    \21\Miriam B. Vos et al., Added Sugars and Cardiovascular Disease 
Risk in Children: A Scientific Statement from the American Heart 
Association, 135 Circulation 1017-34 (2017); P.J. Moynihan & S.A.M. 
Kelly, Effect on caries of restricting sugars intake: systematic review 
to inform WHO guidelines. 93 J. Dental Rsch. 8-18 (2014), https://
www.ncbi.nlm.nih.gov/pmc/articles/PMC3872848/.
    \22\88 Fed. Reg. 19229 (Mar. 31, 2023).
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   H.R. 1147 MOVES AWAY FROM UNBIASED, SCIENCE-BASED RECOMMENDATIONS

    H.R. 1147 amends the Richard B. Russell National School 
Lunch Act to allow for flavored and unflavored whole, reduced-
fat (2%), low-fat (1%), and fat-free fluid milk as well as 
lactose-free fluid milk to be offered as part of a reimbursable 
meal in schools through the NSLP. As described above, 
currently, schools participating in the NSLP are allowed to 
offer unflavored or flavored low-fat milk (1%) and or fat-free 
milk.\23\
---------------------------------------------------------------------------
    \23\Child Nutrition Programs, supra note 17, at 8059.
---------------------------------------------------------------------------
    H.R. 1147 makes milk available in schools regardless of fat 
or added sugar content, both legislating nutrition standards 
and effectively disregarding the science-based recommendations 
made by the DGAs. Further, the bill excludes milk fat from 
classification as saturated fat for the purpose of measuring 
compliance with the allowable school nutrition saturated fat 
standards. This change was made because current regulations 
limit average saturated fat content of meals offered over a 
five-day school week to less than 10 percent of total calories, 
and the saturated fat of whole and 2% milk would likely exceed 
that limit.\24\ H.R. 1147 also continues the present law 
requirement for a written statement from a licensed physician 
for fluid milk substitution, which can be a barrier for 
children who are unable to process lactose. As mentioned, the 
Biden Administration is also in the process of finalizing a 
rule to update nutrition standards and H.R. 1147 would undercut 
this comprehensive and transparent process.
---------------------------------------------------------------------------
    \24\7 C.F.R. Sec. 210.10.
---------------------------------------------------------------------------

          H.R. 1147 COULD NEGATIVELY IMPACT CHILDREN'S HEALTH

    H.R. 1147 fails to acknowledge that milk is a top source of 
saturated fat in American diets.\25\ The American Heart 
Association consistently agrees that saturated fat raises 
``bad'' cholesterol, a known cause of heart disease.\26\ 
Additionally, according to the National Health and Nutritional 
Examination Survey, one in five children and adolescents, ages 
6 to 19, have ``at least one abnormal cholesterol 
measure.''\27\ The DGAs, along with the American Heart 
Association\28\ and the American Academy of Pediatrics,\29\ 
recommend switching to low-fat (1%) and fat-free milk for 
children two years old and older. Additionally, fat-free and 
low-fat (1%) milk all provide slightly more nutrients, such as 
calcium, vitamins A and D, and potassium, than whole milk and 
reduced fat milk (2%), but with lower fat, saturated fat, 
cholesterol, and calories.\30\ The American Heart 
Association,\31\ the American College of Cardiology,\32\ the 
Centers for Disease Control and Prevention,\33\ and the World 
Health Organization\34\ are all in agreement that replacing 
saturated fats with unsaturated fats reduces the risk of heart 
disease in both children and adults.
---------------------------------------------------------------------------
    \25\Physicians Committee for Responsible Medicine, Health Concerns 
About Dairy, https://www.pcrm.org/good-nutrition/nutrition-information/
health-concerns-about-dairy (last visited on June 12, 2023).
    \26\Am. Heart Assn., Saturated Fat, (Nov. 1, 2021), https://
www.heart.org/en/healthy-living/healthy-eating/eat-smart/fats/
saturated-fats#::text=Should%20I%20eat%20them%20or,higher%20risk%20for%
20heart%20disease.
    \27\Duong Nguyen et al., Abnormal Cholesterol Among Children and 
Adolescents in the United States, 2011-2014, Natl. Ctr. for Health 
Stats. Data Brief, (Dec. 2018), https://www.cdc.gov/nchs/data/
databriefs/DB228.pdf.
    \28\Am. Heart Assn., Dietary Recommendations for Healthy Children, 
(Apr. 16, 2018), https://www.heart.org/en/healthy-living/healthy-
eating/eat-smart/nutrition-basics/dietary-recommendations-for-healthy-
children.
    \29\Anthony Porto & Rachel Drake, Cow's Milk Alternatives: Parent 
FAQs, https://www.healthychildren.org/English/healthy-living/nutrition/
Pages/milk-allergy-foods-and-ingredients-to-avoid.aspx (last updated 
June 2, 2022).
    \30\Am. Heart Assn., Dairy Products--Milk, Yogurt, and Cheese, 
Heart Attack and Stroke Symptoms, https://www.heart.org/en/healthy-
living/healthy-eating/eat-smart/nutrition-basics/dairy-products-milk-
yogurt-and-cheese. (last visited Apr. 16, 2018)
    \31\Frank M. Sacks, et al., Dietary Fats and Cardiovascular 
Disease: A Presidential Advisory From the American Heart Association, 
136 Circulation 1 -23, (June 15, 2017), https://www.ahajournals.org/
doi/10.1161/CIR.0000000000000510.
    \32\Press Release, Am. Coll. of Cardiology, Unsaturated Fats, High-
Quality Carbs Lower Risk of Heart Disease, (Sept. 28, 2015), https://
www.acc.org/About-ACC/Press-Releases/2015/09/28/13/58/Unsaturated-Fats-
High-Quality-Carbs-Lower-Risk-of-Heart-
Disease#::text=A%20study%20published%20today%20in,the%20risk%20of%20hea
rt%20disease.
    \33\Ctrs. for Disease Control & Prevention, Post-Core: Fats--
Saturated, Unsaturated, and Trans Fat, https://www.cdc.gov/diabetes/
prevention/pdf/posthandout_session2.pdf (last visited June 6, 2023).
    \34\World Health Org. Healthy Diet, (Apr. 29, 2020), https://
www.who.int/news-room/fact-sheets/detail/healthy-diet.
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        DEMOCRATIC AMENDMENTS OFFERED DURING MARKUP OF H.R. 1147

    Committee Democrats did not offer any amendments during the 
markup of H.R. 1147.

                               CONCLUSION

    Nutrition standards for school meal programs are best left 
to evidence-based recommendations from nutrition and public 
health experts. Instead of taking a comprehensive approach at 
improving federal child nutrition programs, H.R. 1147 dismisses 
the nutrition science that we depend on to improve the health 
of school-aged children across the country. For the reasons 
stated above, a majority of Committee Democrats opposed H.R. 
1147 when the Committee on Education and the Workforce 
considered it on June 6, 2023. We urge the House of 
Representatives to do the same.

                                   Robert C. ``Bobby'' Scott,
                                           Ranking Member.
                                   Raul M. Grijalva.
                                   Mark Takano.
                                   Gregorio Kilili Camacho Sablan.
                                   Mark DeSaulnier.
                                   Suzanne Bonamici.
                                   Pramila Jayapal.
                                   Haley M. Stevens.
                                   Jamaal Bowman.