Appendix A. Richard B. Russell National School Lunch Act, Section 28

A. RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT,
SECTION 28

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Sec. 27

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

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to establish and maintain the information clearinghouse, $200,000
for each of fiscal years 1995 and 1996, $150,000 for fiscal year
1997, $100,000 for fiscal year 1998, $166,000 for each of fiscal
years 1999 through 2004, and $250,000 for each of fiscal years
2010 through 2018. The Secretary shall be entitled to receive the
funds and shall accept the funds, without further appropriation.
øSEC. 27. 24 ø42 U.S.C. 1769h¿ ACCOMMODATION OF THE SPECIAL DIETARY NEEDS OF INDIVIDUALS WITH DISABILITIES.¿
SEC. 28. ø42 U.S.C. 1769i¿ PROGRAM EVALUATION.
(a) PERFORMANCE ASSESSMENTS.—
(1) IN GENERAL.—Subject to the availability

of funds made
available under paragraph (3), the Secretary, acting through
the Administrator of the Food and Nutrition Service, may conduct annual national performance assessments of the meal programs under this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(2) COMPONENTS.—In conducting an assessment, the Secretary may assess—
(A) the cost of producing meals and meal supplements
under the programs described in paragraph (1); and
(B) the nutrient profile of meals, and status of menu
planning practices, under the programs.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000
for fiscal year 2004 and each subsequent fiscal year.
(b) CERTIFICATION IMPROVEMENTS.—
(1) IN GENERAL.—Subject to the availability of funds made
available under paragraph (5), the Secretary, acting through
the Administrator of the Food and Nutrition Service, shall conduct a study of the feasibility of improving the certification
process used for the school lunch program established under
this Act.
(2) PILOT PROJECTS.—In carrying out this subsection, the
Secretary may conduct pilot projects to improve the certification process used for the school lunch program.
(3) COMPONENTS.—In carrying out this subsection, the Secretary shall examine the use of—
(A) other income reporting systems;
(B) an integrated benefit eligibility determination
process managed by a single agency;
(C) income or program participation data gathered by
State or local agencies; and
(D) other options determined by the Secretary.
(4) WAIVERS.—
(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary may waive such provisions of this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) as are
necessary to carry out this subsection.
(B) PROVISIONS.—The protections of section 9(b)(6)
shall apply to any study or pilot project carried out under
this subsection.

24 Sec.

27 repealed by sec. 441(a)(14) of P.L. 111–296, 124 Stat. 3264, Dec. 13, 2010.

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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 29

(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection such sums
as are necessary.
(c) COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.—States, State educational agencies, local educational agencies, schools, institutions, facilities, and contractors participating in
programs authorized under this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) shall cooperate with officials and contractors acting on behalf of the Secretary, in the conduct of evaluations and studies under those Acts.
SEC. 29. ø42 U.S.C. 1769j¿ ENSURING SAFETY OF SCHOOL MEALS.
(a) FOOD AND NUTRITION SERVICE.—Not later than 1 year

after
the date of enactment of the Healthy, Hunger-Free Kids Act of
2010, the Secretary, acting through the Administrator of the Food
and Nutrition Service, shall—
(1) in consultation with the Administrator of the Agricultural Marketing Service and the Administrator of the Farm
Service Agency, develop guidelines to determine the circumstances under which it is appropriate for the Secretary to
institute an administrative hold on suspect foods purchased by
the Secretary that are being used in school meal programs
under this Act and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
(2) work with States to explore ways for the States to increase the timeliness of notification of food recalls to schools
and school food authorities;
(3) improve the timeliness and completeness of direct communication between the Food and Nutrition Service and States
about holds and recalls, such as through the commodity alert
system of the Food and Nutrition Service; and
(4) establish a timeframe to improve the commodity hold
and recall procedures of the Department of Agriculture to address the role of processors and determine the involvement of
distributors with processed products that may contain recalled
ingredients, to facilitate the provision of more timely and complete information to schools.
(b) FOOD SAFETY AND INSPECTION SERVICE.—Not later than 1
year after the date of enactment of the Healthy, Hunger-Free Kids
Act of 2010, the Secretary, acting through the Administrator of the
Food Safety and Inspection Service, shall revise the procedures of
the Food Safety and Inspection Service to ensure that schools are
included in effectiveness checks.

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