Appendix J Section 12(l) of the Richard B. Russell National School Lunch Act

Appendix J
Richard B. Russell National School Lunch Act: Section 12(l)
(l)(1)(A) Except as provided in paragraph (4), the Secretary
may waive any requirement under this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued under
either such Act, for a State or eligible service provider that requests
a waiver if—
(i) the Secretary determines that the waiver of the requirement
would facilitate the ability of the State or eligible service
provider to carry out the purpose of the program;
(ii) the State or eligible service provider has provided notice
and information to the public regarding the proposed waiver;
and
(iii) the State or eligible service provider demonstrates to
the satisfaction of the Secretary that the waiver will not increase
the overall cost of the program to the Federal Government,
and, if the waiver does increase the overall cost to the
Federal Government, the cost will be paid from non-Federal
funds.
(B) The notice and information referred to in subparagraph
(A)(ii) shall be provided in the same manner in which the State or
eligible service provider customarily provides similar notices and
information to the public.
(2)(A) To request a waiver under paragraph (1), a State or eligible
service provider (through the appropriate administering State
agency) shall submit an application to the Secretary that—
(i) identifies the statutory or regulatory requirements that
are requested to be waived;
(ii) in the case of a State requesting a waiver, describes actions,
if any, that the State has undertaken to remove State
statutory or regulatory barriers;
(iii) describes the goal of the waiver to improve services
under the program and the expected outcomes if the waiver is
granted; and
(iv) includes a description of the impediments to the efficient
operation and administration of the program.
(B) An application described in subparagraph (A) shall be developed
by the State or eligible service provider and shall be submitted
to the Secretary by the State.
(3) The Secretary shall act promptly on a waiver request contained

in an application submitted under paragraph (2) and shall
either grant or deny the request. The Secretary shall state in writing
the reasons for granting or denying the request.
(4) The Secretary may not grant a waiver under this subsection
that increases Federal costs or that relates to—
(A) the nutritional content of meals served;
(B) Federal reimbursement rates;
(C) the provision of free and reduced price meals;
(D) limits on the price charged for a reduced price meal;
(E) maintenance of effort;
(F) equitable participation of children in private schools;
(G) distribution of funds to State and local school food
service authorities and service institutions participating in a
(42 U.S.C. 1771 et seq.);
(H) the disclosure of information relating to students receiving
free or reduced price meals and other recipients of benefits;
(I) prohibiting the operation of a profit producing program;
(J) the sale of competitive foods;
(K) the commodity distribution program under section 14;
(L) the special supplemental nutrition program authorized
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786); or
(M) enforcement of any constitutional or statutory right of
an individual, including any right under—
(i) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.);
(ii) section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794);
(iii) title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.);
(iv) the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.);
(v) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
(vi) the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(5) The Secretary shall periodically review the performance of
any State or eligible service provider for which the Secretary has
granted a waiver under this subsection and shall terminate the

waiver if the performance of the State or service provider has been
inadequate to justify a continuation of the waiver. The Secretary
shall terminate the waiver if, after periodic review, the Secretary
determines that the waiver has resulted in an increase in the overall
cost of the program to the Federal Government and the increase
has not been paid for in accordance with paragraph (1)(A)(iii).
(6) The Secretary shall annually submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate, a report—
(A) summarizing the use of waivers by the State and eligible
service providers;
(B) describing whether the waivers resulted in improved
services to children;
(C) describing the impact of the waivers on providing nutritional
meals to participants; and
(D) describing how the waivers reduced the quantity of paperwork
necessary to administer the program.
(7) As used in this subsection, the term ‘‘eligible service provider’’
means—
(A) a local school food service authority;
(B) a service institution or private nonprofit organization
described in section 13; or
(C) a family or group day care home sponsoring organization
described in section 17.