Appendix 8 The Healthy, Hunger Free Kids Act (HHFKA, Public Law 111-296; December 13, 2010)

Supporting Statement for OMB Clearance for the Study of Non-Response to the
School Meals Application Verification Process
Appendix 8
The Healthy, Hunger Free Kids Act (HHFKA, Public Law 111-296; December 13,
2010)

PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3193

identification of students and their parents by other than
the authorized representatives of the Secretary; and
‘‘(ii) any personally identifiable data shall be destroyed
when the data are no longer needed for program monitoring, evaluations, and performance measurements.’’.

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SEC.

104.

ELIMINATING INDIVIDUAL
COMMUNITY ELIGIBILITY.

APPLICATIONS

THROUGH

(a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS.—
(1) ELIGIBILITY.—Section 11(a)(1) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended
by adding at the end the following:
‘‘(F) UNIVERSAL MEAL SERVICE IN HIGH POVERTY
AREAS.—
‘‘(i) DEFINITION OF IDENTIFIED STUDENTS.—The
term ‘identified students’ means students certified
based on documentation of benefit receipt or categorical
eligibility as described in section 245.6a(c)(2) of title
7, Code of Federal Regulations (or successor regulations).
‘‘(ii) ELECTION OF SPECIAL ASSISTANCE PAYMENTS.—
‘‘(I) IN GENERAL.—A local educational agency
may, for all schools in the district or on behalf
of certain schools in the district, elect to receive
special assistance payments under this subparagraph in lieu of special assistance payments otherwise made available under this paragraph based
on applications for free and reduced price lunches
if—
‘‘(aa) during a period of 4 successive school
years, the local educational agency elects to
serve all children in the applicable schools
free lunches and breakfasts under the school
lunch program under this Act and the school
breakfast program established under section
4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773);
‘‘(bb) the local educational agency pays,
from sources other than Federal funds, the
costs of serving the lunches or breakfasts that
are in excess of the value of assistance received
under this Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.);
‘‘(cc) the local educational agency is not
a residential child care institution (as that
term is used in section 210.2 of title 7, Code
of Federal Regulations (or successor regulations)); and
‘‘(dd) during the school year prior to the
first year of the period for which the local
educational agency elects to receive special
assistance payments under this subparagraph,
the local educational agency or school had a
percentage of enrolled students who were
identified students that meets or exceeds the
threshold described in clause (viii).

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124 STAT. 3194

PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(II)

ELECTION TO STOP RECEIVING PAYlocal educational agency may, for all
schools in the district or on behalf of certain
schools in the district, elect to stop receiving special assistance payments under this subparagraph
for the following school year by notifying the State
agency not later than June 30 of the current school
year of the intention to stop receiving special
assistance payments under this subparagraph.
‘‘(iii) FIRST YEAR OF OPTION.—
‘‘(I) SPECIAL ASSISTANCE PAYMENT.—For each
month of the first school year of the 4-year period
during which a school or local educational agency
elects to receive payments under this subparagraph, special assistance payments at the rate for
free meals shall be made under this subparagraph
for a percentage of all reimbursable meals served
in an amount equal to the product obtained by
multiplying—
‘‘(aa) the multiplier described in clause
(vii); by
‘‘(bb) the percentage of identified students
at the school or local educational agency as
of April 1 of the prior school year, up to a
maximum of 100 percent.
‘‘(II) PAYMENT FOR OTHER MEALS.—The
percentage of meals served that is not described
in subclause (I) shall be reimbursed at the rate
provided under section 4.
‘‘(iv) SECOND, THIRD, OR FOURTH YEAR OF OPTION.—
‘‘(I) SPECIAL ASSISTANCE PAYMENT.—For each
month of the second, third, or fourth school year
of the 4-year period during which a school or local
educational agency elects to receive payments
under this subparagraph, special assistance payments at the rate for free meals shall be made
under this subparagraph for a percentage of all
reimbursable meals served in an amount equal
to the product obtained by multiplying—
‘‘(aa) the multiplier described in clause
(vii); by
‘‘(bb) the higher of the percentage of
identified students at the school or local educational agency as of April 1 of the prior school
year or the percentage of identified students
at the school or local educational agency as
of April 1 of the school year prior to the first
year that the school or local educational
agency elected to receive special assistance
payments under this subparagraph, up to a
maximum of 100 percent.
‘‘(II) PAYMENT FOR OTHER MEALS.—The
percentage of meals served that is not described
in subclause (I) shall be reimbursed at the rate
provided under section 4.
‘‘(v) GRACE YEAR.—
MENTS.—A

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Notification.
Deadline.

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3195

‘‘(I) IN GENERAL.—If, not later than April 1
of the fourth year of a 4-year period described
in clause (ii)(I), a school or local educational agency
has a percentage of enrolled students who are
identified students that meets or exceeds a
percentage that is 10 percentage points lower than
the threshold described in clause (viii), the school
or local educational agency may elect to receive
special assistance payments under subclause (II)
for an additional grace year.
‘‘(II) SPECIAL ASSISTANCE PAYMENT.—For each
month of a grace year, special assistance payments
at the rate for free meals shall be made under
this subparagraph for a percentage of all reimbursable meals served in an amount equal to the
product obtained by multiplying—
‘‘(aa) the multiplier described in clause
(vii); by
‘‘(bb) the percentage of identified students
at the school or local educational agency as
of April 1 of the prior school year, up to a
maximum of 100 percent.
‘‘(III) PAYMENT FOR OTHER MEALS.—The
percentage of meals served that is not described
in subclause (II) shall be reimbursed at the rate
provided under section 4.
‘‘(vi) APPLICATIONS.—A school or local educational
agency that receives special assistance payments under
this subparagraph may not be required to collect
applications for free and reduced price lunches.
‘‘(vii) MULTIPLIER.—
‘‘(I) PHASE-IN.—For each school year beginning
on or before July 1, 2013, the multiplier shall
be 1.6.
‘‘(II) FULL IMPLEMENTATION.—For each school
year beginning on or after July 1, 2014, the Secretary may use, as determined by the Secretary—
‘‘(aa) a multiplier between 1.3 and 1.6;
and
‘‘(bb) subject to item (aa), a different multiplier for different schools or local educational
agencies.
‘‘(viii) THRESHOLD.—
‘‘(I) PHASE-IN.—For each school year beginning
on or before July 1, 2013, the threshold shall be
40 percent.
‘‘(II) FULL IMPLEMENTATION.—For each school
year beginning on or after July 1, 2014, the Secretary may use a threshold that is less than 40
percent.
‘‘(ix) PHASE-IN.—
‘‘(I) IN GENERAL.—In selecting States for
participation during the phase-in period, the Secretary shall select States with an adequate number
and variety of schools and local educational agencies that could benefit from the option under this
subparagraph, as determined by the Secretary.

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124 STAT. 3196

PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(II) LIMITATION.—The Secretary may not
approve additional schools and local educational
agencies to receive special assistance payments
under this subparagraph after the Secretary has
approved schools and local educational agencies
in—
‘‘(aa) for the school year beginning on July
1, 2011, 3 States; and
‘‘(bb) for each of the school years beginning
July 1, 2012 and July 1, 2013, an additional
4 States per school year.
‘‘(x) ELECTION OF OPTION.—
‘‘(I) IN GENERAL.—For each school year beginning on or after July 1, 2014, any local educational
agency eligible to make the election described in
clause (ii) for all schools in the district or on behalf
of certain schools in the district may elect to
receive special assistance payments under clause
(iii) for the next school year if, not later than
June 30 of the current school year, the local educational agency submits to the State agency the
percentage of identified students at the school or
local educational agency.
‘‘(II) STATE AGENCY NOTIFICATION.—Not later
than May 1 of each school year beginning on or
after July 1, 2011, each State agency with schools
or local educational agencies that may be eligible
to elect to receive special assistance payments
under this subparagraph shall notify—
‘‘(aa) each local educational agency that
meets or exceeds the threshold described in
clause (viii) that the local educational agency
is eligible to elect to receive special assistance
payments under clause (iii) for the next 4
school years, of the blended reimbursement
rate the local educational agency would receive
under clause (iii), and of the procedures for
the local educational agency to make the election;
‘‘(bb) each local educational agency that
receives special assistance payments under
clause (iii) of the blended reimbursement rate
the local educational agency would receive
under clause (iv);
‘‘(cc) each local educational agency in the
fourth year of electing to receive special assistance payments under this subparagraph that
meets or exceeds a percentage that is 10
percentage points lower than the threshold
described in clause (viii) and that receives special assistance payments under clause (iv),
that the local educational agency may continue
to receive such payments for the next school
year, of the blended reimbursement rate the
local educational agency would receive under
clause (v), and of the procedures for the local
educational agency to make the election; and

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3197

‘‘(dd) each local educational agency that
meets or exceeds a percentage that is 10
percentage points lower than the threshold
described in clause (viii) that the local educational agency may be eligible to elect to
receive special assistance payments under
clause (iii) if the threshold described in clause
(viii) is met by April 1 of the school year
or if the threshold is met for a subsequent
school year.
‘‘(III) PUBLIC NOTIFICATION OF LOCAL EDUCATIONAL AGENCIES.—Not later than May 1 of each
school year beginning on or after July 1, 2011,
each State agency with 1 or more schools or local
educational agencies eligible to elect to receive special assistance payments under clause (iii) shall
submit to the Secretary, and the Secretary shall
publish, lists of the local educational agencies
receiving notices under subclause (II).
‘‘(IV) PUBLIC NOTIFICATION OF SCHOOLS.—Not
later than May 1 of each school year beginning
on or after July 1, 2011, each local educational
agency in a State with 1 or more schools eligible
to elect to receive special assistance payments
under clause (iii) shall submit to the State agency,
and the State agency shall publish—
‘‘(aa) a list of the schools that meet or
exceed the threshold described in clause (viii);
‘‘(bb) a list of the schools that meet or
exceed a percentage that is 10 percentage
points lower than the threshold described in
clause (viii) and that are in the fourth year
of receiving special assistance payments under
clause (iv); and
‘‘(cc) a list of the schools that meet or
exceed a percentage that is 10 percentage
points lower than the threshold described in
clause (viii).
‘‘(xi) IMPLEMENTATION.—
‘‘(I) GUIDANCE.—Not later than 90 days after
the date of enactment of this subparagraph, the
Secretary shall issue guidance to implement this
subparagraph.
‘‘(II) REGULATIONS.—Not later than December
31, 2013, the Secretary shall promulgate regulations that establish procedures for State agencies,
local educational agencies, and schools to meet
the requirements of this subparagraph, including
exercising the option described in this subparagraph.
‘‘(III) PUBLICATION.—If the Secretary uses the
authority provided in clause (vii)(II)(bb) to use a
different multiplier for different schools or local
educational agencies, for each school year beginning on or after July 1, 2014, not later than April
1, 2014, the Secretary shall publish on the website
of the Secretary a table that indicates—

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124 STAT. 3198

PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(aa) each local educational agency that
may elect to receive special assistance payments under clause (ii);
‘‘(bb) the blended reimbursement rate that
each local educational agency would receive;
and
‘‘(cc) an explanation of the methodology
used to calculate the multiplier or threshold
for each school or local educational agency.
‘‘(xii) REPORT.—Not later than December 31, 2013,
the Secretary shall publish a report that describes—
‘‘(I) an estimate of the number of schools and
local educational agencies eligible to elect to
receive special assistance payments under this
subparagraph that do not elect to receive the payments;
‘‘(II) for schools and local educational agencies
described in subclause (I)—
‘‘(aa) barriers to participation in the special assistance option under this subparagraph, as described by the nonparticipating
schools and local educational agencies; and
‘‘(bb) changes to the special assistance
option under this subparagraph that would
make eligible schools and local educational
agencies more likely to elect to receive special
assistance payments;
‘‘(III) for schools and local educational agencies
that elect to receive special assistance payments
under this subparagraph—
‘‘(aa) the number of schools and local educational agencies;
‘‘(bb) an estimate of the percentage of
identified students and the percentage of
enrolled students who were certified to receive
free or reduced price meals in the school year
prior to the election to receive special assistance payments under this subparagraph, and
a description of how the ratio between those
percentages compares to 1.6;
‘‘(cc) an estimate of the number and share
of schools and local educational agencies in
which more than 80 percent of students are
certified for free or reduced price meals that
elect to receive special assistance payments
under that clause; and
‘‘(dd) whether any of the schools or local
educational agencies stopped electing to
receive special assistance payments under this
subparagraph;
‘‘(IV) the impact of electing to receive special
assistance payments under this subparagraph on—
‘‘(aa) program integrity;
‘‘(bb) whether a breakfast program is
offered;
‘‘(cc) the type of breakfast program offered;

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3199

‘‘(dd) the nutritional quality of school
meals; and
‘‘(ee) program participation; and
‘‘(V) the multiplier and threshold, as described
in clauses (vii) and (viii) respectively, that the
Secretary will use for each school year beginning
on or after July 1, 2014 and the rationale for
any change in the multiplier or threshold.
‘‘(xiii) FUNDING.—
‘‘(I) IN GENERAL.—On October 1, 2010, out of
any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out clause (xii)
$5,000,000, to remain available until September
30, 2014.
‘‘(II) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept,
and shall use to carry out clause (xii) the funds
transferred under subclause (I), without further
appropriation.’’.
(2) CONFORMING AMENDMENTS.—Section 11(a)(1)(B) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)(B)) is amended by striking ‘‘or (E)’’ and inserting
‘‘(E), or (F)’’.
(b) UNIVERSAL MEAL SERVICE THROUGH CENSUS DATA.—Section
11 of the Richard B. Russell National School Lunch Act (42 U.S.C.
1759a) is amended by adding at the end the following:
‘‘(g) UNIVERSAL MEAL SERVICE THROUGH CENSUS DATA.—
‘‘(1) IN GENERAL.—To the maximum extent practicable, the
Secretary shall identify alternatives to—
‘‘(A) the daily counting by category of meals provided
by school lunch programs under this Act and the school
breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773); and
‘‘(B) the use of annual applications as the basis for
eligibility to receive free meals or reduced price meals
under this Act.
‘‘(2) RECOMMENDATIONS.—
‘‘(A) CONSIDERATIONS.—
‘‘(i) IN GENERAL.—In identifying alternatives under
paragraph (1), the Secretary shall consider the recommendations of the Committee on National Statistics
of the National Academy of Sciences relating to use
of the American Community Survey of the Bureau
of the Census and other data sources.
‘‘(ii) SOCIOECONOMIC SURVEY.—The Secretary shall
consider use of a periodic socioeconomic survey of
households of children attending school in the school
food authority in not more than 3 school food authorities participating in the school lunch program under
this Act.
‘‘(iii) SURVEY PARAMETERS.—The Secretary shall
establish requirements for the use of a socioeconomic
survey under clause (ii), which shall—
‘‘(I) include criteria for survey design, sample
frame validity, minimum level of statistical precision, minimum survey response rates, frequency

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124 STAT. 3200

PUBLIC LAW 111–296—DEC. 13, 2010
of data collection, and other criteria as determined
by the Secretary;
‘‘(II) be consistent with the Standards and
Guidelines for Statistical Surveys, as published
by the Office of Management and Budget;
‘‘(III) be consistent with standards and
requirements that ensure proper use of Federal
funds; and
‘‘(IV) specify that the socioeconomic survey be
conducted at least once every 4 years.
‘‘(B) USE OF ALTERNATIVES.—Alternatives described in
subparagraph (A) that provide accurate and effective means
of providing meal reimbursement consistent with the eligibility status of students may be—
‘‘(i) implemented for use in schools or by school
food authorities that agree—
‘‘(I) to serve all breakfasts and lunches to students at no cost in accordance with regulations
issued by the Secretary; and
‘‘(II) to pay, from sources other than Federal
funds, the costs of serving any lunches and breakfasts that are in excess of the value of assistance
received under this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.) with respect
to the number of lunches and breakfasts served
during the applicable period; or
‘‘(ii) further tested through demonstration projects
carried out by the Secretary in accordance with
subparagraph (C).
‘‘(C) DEMONSTRATION PROJECTS.—
‘‘(i) IN GENERAL.—For the purpose of carrying out
demonstration projects described in subparagraph (B),
the Secretary may waive any requirement of this Act
relating to—
‘‘(I) counting of meals provided by school lunch
or breakfast programs;
‘‘(II) applications for eligibility for free or
reduced priced meals; or
‘‘(III) required direct certification under section
9(b)(4).
‘‘(ii) NUMBER OF PROJECTS.—The Secretary shall
carry out demonstration projects under this paragraph
in not more than 5 local educational agencies for each
alternative model that is being tested.
‘‘(iii) LIMITATION.—A demonstration project carried
out under this paragraph shall have a duration of
not more than 3 years.
‘‘(iv) EVALUATION.—The Secretary shall evaluate
each demonstration project carried out under this paragraph in accordance with procedures established by
the Secretary.
‘‘(v) REQUIREMENT.—In carrying out evaluations
under clause (iv), the Secretary shall evaluate, using
comparisons with local educational agencies with
similar demographic characteristics—
‘‘(I) the accuracy of the 1 or more methodologies adopted as compared to the daily counting

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3201

by category of meals provided by school meal programs under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) and the use of
annual applications as the basis for eligibility to
receive free or reduced price meals under those
Acts;
‘‘(II) the effect of the 1 or more methodologies
adopted on participation in programs under those
Acts;
‘‘(III) the effect of the 1 or more methodologies
adopted on administration of programs under those
Acts; and
‘‘(IV) such other matters as the Secretary
determines to be appropriate.’’.
SEC. 105. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS.

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

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

42 USC 1793.

‘‘(a) DEFINITION OF QUALIFYING SCHOOL.—In this section, the
term ‘qualifying school’ means a school in severe need, as described
in section 4(d)(1).
‘‘(b) ESTABLISHMENT.—Subject to the availability of appropriations provided in advance in an appropriations Act specifically
for the purpose of carrying out this section, the Secretary shall
establish a program under which the Secretary shall provide grants,
on a competitive basis, to State educational agencies for the purpose
of providing subgrants to local educational agencies for qualifying
schools to establish, maintain, or expand the school breakfast program in accordance with this section.
‘‘(c) GRANTS TO STATE EDUCATIONAL AGENCIES.—
‘‘(1) APPLICATION.—To be eligible to receive a grant under
this section, a State educational agency shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(2) ADMINISTRATION.—In carrying out this section, the Secretary shall—
‘‘(A) develop an appropriate competitive application
process; and
‘‘(B) make information available to State educational
agencies concerning the availability of funds under this
section.
‘‘(3) ALLOCATION.—The amount of grants provided by the
Secretary to State educational agencies for a fiscal year under
this section shall not exceed the lesser of—
‘‘(A) the product obtained by multiplying—
‘‘(i) the number of qualifying schools receiving subgrants or other benefits under subsection (d) for the
fiscal year; and
‘‘(ii) the maximum amount of a subgrant provided
to a qualifying school under subsection (d)(4)(B); or
‘‘(B) $2,000,000.
‘‘(d) SUBGRANTS TO QUALIFYING SCHOOLS.—
‘‘(1) IN GENERAL.—A State educational agency receiving
a grant under this section shall use funds made available

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