[Extensions of Remarks]
[Pages E2083-E2085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

HEALTHY, HUNGER-FREE KIDS ACT OF 2010

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speech of

HON. GEORGE MILLER

of california

in the house of representatives

Wednesday, December 1, 2010

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

Improving Access to School Meal Programs

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

Increasing Participation in the School Breakfast Program

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

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

Improving Diet Quality through the School Meals Programs

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

[[Page E2084]]

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

National Nutrition Standards for Foods Sold in Schools

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

Improving Diet Quality in the Child and Adult Care Food Program

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

Adequate resources for quality school meals

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

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

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

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

Conclusion

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

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