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pdfAppendix A. Sections 9, 17, 17a, Richard B.
Russell National School Lunch Act (42 U.S.C.
1571 et seq.)
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11
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
(f) In any fiscal year in which the national average payment
per lunch determined under section 4 is increased above the
amount prescribed in the previous fiscal year, the maximum per
meal reimbursement rate for the type of lunch served, shall be increased by a like amount.
(g) Lunch assistance disbursements to schools under this section and under section 11 of this Act may be made in advance or
by way of reimbursement in accordance with procedures prescribed
by the Secretary.
NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS
SEC. 9. ø42 U.S.C. 1758¿ (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.
(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,
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
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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.
(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—
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
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(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
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(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
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
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lished 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
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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
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(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
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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 reducedprice 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 reJanuary 21, 2020
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
cent 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
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Sec. 9
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(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
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
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 supJanuary 21, 2020
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
22
plemental 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
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
(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
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Sec. 9
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
24
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) 3 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)); 4
(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
3 Effective July 1, 2005, paragraphs (5) through (8) added by section 104(b)(1) of P.L. 108–
265, 118 Stat. 734, June 30, 2004. End quotation marks and the following period at the end
of paragraph (5)(A) were struck to effectuate the probable intent of Congress.
4 So in original. Probably should be an additional closed parenthesis.
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
(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
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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
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
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.
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
28
(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.—
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
(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)).
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Sec. 9
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
30
(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
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
graph (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.—
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
32
(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, ø(7 U.S.C. 612c)¿ 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 ø(7 U.S.C. 2011 et seq.)¿
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
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33
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
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
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Sec. 9
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
34
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
2020 5, 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.
5 The account in title IV of division A of Public Law 115-141, under the heading ‘‘Food and
Nutrition Service-child nutrition programs (including transfers of funds)’’ amends sections
9(h)(3) and 9(h)(4) in the first sentence by striking ‘‘for fiscal year 2017’’ and inserting ‘‘for fiscal
year 2018’’. The ‘‘f’’ in the word ‘‘for’’ from the stricken matter appeared capitalized in law, however, both amendments were carried out to reflect the probable intent of Congress, including
also uppercasing the letter ‘‘f’’ in the word ‘‘for’’ in the matter being inserted.
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35
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 9
(4) AUDIT BY THE SECRETARY.—For fiscal year 2020, 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
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Sec. 9A
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
36
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)).
SEC. 9A. ø42 U.S.C. 1758b¿ LOCAL SCHOOL WELLNESS POLICY.
(a) IN GENERAL.—Each local educational agency participating
in a program authorized by this Act or the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) shall establish a local school wellness
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75
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 16
(B) reimbursements to schools for irradiated food products are equal to reimbursements to schools for food products that are not irradiated;
(C) States and school food authorities are provided factual information on the science and evidence regarding irradiation technology, including—
(i) notice that irradiation is not a substitute for
safe food handling techniques; and
(ii) any other similar information determined by
the Secretary to be necessary to promote food safety in
school meals programs;
(D) States and school food authorities are provided
model procedures for providing to school food authorities,
parents, and students—
(i) factual information on the science and evidence
regarding irradiation technology; and
(ii) any other similar information determined by
the Secretary to be necessary to promote food safety in
school meals;
(E) irradiated food products distributed to the Federal
school meals program under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) are labeled with
a symbol or other printed notice that—
(i) indicates that the product was irradiated; and
(ii) is prominently displayed in a clear and understandable format on the container;
(F) irradiated food products are not commingled in
containers with food products that are not irradiated; and
(G) schools that offer irradiated food products are encouraged to offer alternatives to irradiated food products
as part of the meal plan used by the schools.
ø NATIONAL ADVISORY COUNCIL ¿
øSEC. 15. 13
ø42 U.S.C. 1763¿ Repealed.¿
ELECTION TO RECEIVE CASH PAYMENTS
SEC. 16. ø42 U.S.C. 1765¿ (a) Notwithstanding any other provision of law, where a State phased out its commodity distribution
facilities prior to June 30, 1974, such State may, for purposes of
the programs authorized by this Act and the Child Nutrition Act
of 1966 ø(42 U.S.C. 1771 et seq.)¿, elect to receive cash payments
in lieu of donated foods. Where such an election is made, the Secretary shall make cash payments to such State in an amount
equivalent in value to the donated foods that the State would otherwise have received if it had retained its commodity distribution
facilities. The amount of cash payments in the case of lunches shall
be governed by section 6(c) of this Act.
(b) When such payments are made, the State educational agency shall promptly and equitably disburse any cash it receives in
lieu of commodities to eligible schools and institutions, and such
disbursements shall be used by such schools and institutions to
13 Section 15, which established a National Advisory Council, repealed by section 104 of P.L.
101–147, 103 Stat. 883, Nov. 10, 1989.
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Sec. 17
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
76
purchase United States agricultural commodities and other foods
for their food service programs.
SEC. 17. ø42 U.S.C. 1766¿ CHILD AND ADULT CARE FOOD PROGRAM.
(a) PROGRAM PURPOSE, GRANT AUTHORITY AND INSTITUTION
ELIGIBILITY.—
(1) IN GENERAL.—
(A) PROGRAM PURPOSE.—
(i) FINDINGS.—Congress finds that—
(I) eating habits and other wellness-related
behavior habits are established early in life; and
(II) good nutrition and wellness are important
contributors to the overall health of young children and essential to cognitive development.
(ii) PURPOSE.—The purpose of the program authorized by this section is to provide aid to child and
adult care institutions and family or group day care
homes for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children, and the health and wellness
of older adults and chronically impaired disabled persons.
(B) GRANT AUTHORITY.—The Secretary may carry out
a program to assist States through grants-in-aid and other
means to initiate and maintain nonprofit food service programs for children in institutions providing child care.
(2) DEFINITION OF INSTITUTION.—In this section, the term
‘‘institution’’ means—
(A) any public or private nonprofit organization providing nonresidential child care or day care outside school
hours for school children, including any child care center,
settlement house, recreational center, Head Start center,
and institution providing child care facilities for children
with disabilities;
(B) any other private organization providing nonresidential child care or day care outside school hours for
school children, if—
(i) at least 25 percent of the children served by the
organization meet the income eligibility criteria established under section 9(b) for free or reduced price
meals; or
(ii) the organization receives compensation from
amounts granted to the States under title XX of the
Social Security Act (42 U.S.C. 1397 et seq.) (but only
if the organization receives compensation under that
title for at least 25 percent of its enrolled children or
25 percent of its licensed capacity, whichever is less);
(C) any public or private nonprofit organization acting
as a sponsoring organization for one or more of the organizations described in subparagraph (A) or (B) or for an
adult day care center (as defined in subsection (o)(2));
(D) any other private organization acting as a sponsoring organization for, and that is part of the same legal
entity as, one or more organizations that are—
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 17
(i) described in subparagraph (B); or
(ii) proprietary title XIX or title XX centers (as defined in subsection (o)(2));
(E) any public or private nonprofit organization acting
as a sponsoring organization for one or more family or
group day care homes; and
(F) any emergency shelter (as defined in subsection
(t)).
(3) AGE LIMIT.—Except as provided in subsection (r), reimbursement may be provided under this section only for meals
or supplements served to children not over 12 years of age (except that such age limitation shall not be applicable for children of migrant workers if 15 years of age or less or for children with disabilities).
(4) ADDITIONAL GUIDELINES.—The Secretary may establish
separate guidelines for institutions that provide care to school
children outside of school hours.
(5) LICENSING.—In order to be eligible, an institution (except a school or family or group day care home sponsoring organization) or family or group day care home shall—
(A)(i) be licensed, or otherwise have approval, by the
appropriate Federal, State, or local licensing authority; or
(ii) be in compliance with appropriate procedures for
renewing participation in the program, as prescribed by
the Secretary, and not be the subject of information possessed by the State indicating that the license of the institution or home will not be renewed;
(B) if Federal, State, or local licensing or approval is
not available—
(i) meet any alternate approval standards established by the appropriate State or local governmental
agency; or
(ii) meet any alternate approval standards established by the Secretary after consultation with the
Secretary of Health and Human Services; or
(C) if the institution provides care to school children
outside of school hours and Federal, State, or local licensing or approval is not required for the institution, meet
State or local health and safety standards.
(6) ELIGIBILITY CRITERIA.—No institution shall be eligible
to participate in the program unless it satisfies the following
criteria:
(A) accepts final administrative and financial responsibility for management of an effective food service;
(B) has not been seriously deficient in its operation of
the child and adult care food program, or any other program under this Act or the Child Nutrition Act of 1966
ø(42 U.S.C. 1771 et seq.)¿, or has not been determined to
be ineligible to participate in any other publicly funded
program by reason of violation of the requirements of the
program, for a period of time specified by the Secretary;
(C)(i) will provide adequate supervisory and operational personnel for overall monitoring and management
of the child care food program; and
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Sec. 17
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
78
(ii) in the case of a sponsoring organization, the organization shall employ an appropriate number of monitoring personnel based on the number and characteristics
of child care centers and family or group day care homes
sponsored by the organization, as approved by the State
(in accordance with regulations promulgated by the Secretary), to ensure effective oversight of the operations of
the child care centers and family or group day care homes;
(D) in the case of a family or group day care home
sponsoring organization that employs more than one employee, the organization does not base payments to an employee of the organization on the number of family or
group day care homes recruited;
(E) in the case of a sponsoring organization, the organization has in effect a policy that restricts other employment by employees that interferes with the responsibilities
and duties of the employees of the organization with respect to the program; and
(F) in the case of a sponsoring organization that applies for initial participation in the program on or after the
date of the enactment of this subparagraph and that operates in a State that requires such institutions to be bonded
under State law, regulation, or policy, the institution is
bonded in accordance with such law, regulation, or policy.
(b) For the fiscal year ending September 30, 1979, and for each
subsequent fiscal year, the Secretary shall provide cash assistance
to States for meals as provided in subsection (f) of this section, except that, in any fiscal year, the aggregate amount of assistance
provided to a State by the Secretary under this section shall not
exceed the sum of (1) the Federal funds provided by the State to
participating institutions within the State for that fiscal year and
(2) any funds used by the State under section 10 of the Child Nutrition Act of 1966 ø(42 U.S.C. 1779)¿.
(c)(1) For purposes of this section, except as provided in subsection (f)(3), the national average payment rate for free lunches
and suppers, the national average payment rate for reduced price
lunches and suppers, and the national average payment rate for
paid lunches and suppers shall be the same as the national average
payment rates for free lunches, reduced price lunches, and paid
lunches, respectively, under sections 4 and 11 of this Act as appropriate (as adjusted pursuant to section 11(a) of this Act).
(2) For purposes of this section, except as provided in subsection (f)(3), the national average payment rate for free breakfasts,
the national average payment rate for reduced price breakfasts,
and the national average payment rate for paid breakfasts shall be
the same as the national average payment rates for free breakfasts,
reduced price breakfasts, and paid breakfasts, respectively, under
section 4(b) of the Child Nutrition Act of 1966 ø(42 U.S.C.
1773(b))¿ (as adjusted pursuant to section 11(a) of this Act).
(3) For purposes of this section, except as provided in subsection (f)(3), the national average payment rate for free supplements shall be 30 cents, the national average payment rate for reduced price supplements shall be one-half the rate for free supplements, and the national average payment rate for paid suppleJanuary 21, 2020
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 17
ments shall be 2.75 cents (as adjusted pursuant to section 11(a) of
this Act).
(4) Determinations with regard to eligibility for free and reduced price meals and supplements shall be made in accordance
with the income eligibility guidelines for free lunches and reduced
price lunches, respectively, under section 9 of this Act.
(5) 14 A child shall be considered automatically eligible for benefits under this section without further application or eligibility determination, if the child is 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)).
(6) A child who has not yet entered kindergarten shall be considered automatically eligible for benefits under this section without further application or eligibility determination if the child is
enrolled as a participant in the Even Start program under part B
of chapter 1 of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 2741 et seq.).
(d) INSTITUTION APPROVAL AND APPLICATIONS.—
(1) INSTITUTION APPROVAL.—
(A) ADMINISTRATIVE CAPABILITY.—Subject to subparagraph (B) and except as provided in subparagraph (C), the
State agency shall approve an institution that meets the
requirements of this section for participation in the child
and adult care food program if the State agency determines that the institution—
(i) is financially viable;
(ii) is administratively capable of operating the
program (including whether the sponsoring organization has business experience and management plans
appropriate to operate the program) described in the
application of the institution; and
(iii) has internal controls in effect to ensure program accountability.
(B) APPROVAL OF PRIVATE INSTITUTIONS.—
(i) IN GENERAL.—In addition to the requirements
established by subparagraph (A) and subject to clause
(ii), the State agency shall approve a private institution that meets the requirements of this section for
participation in the child and adult care food program
only if—
(I) the State agency conducts a satisfactory
visit to the institution before approving the participation of the institution in the program; and
(II) the institution—
(aa) has tax exempt status under the Internal Revenue Code of 1986;
14 Effective September 25, 1995, this paragraph added by section 109(b) of P.L. 103–448, 108
Stat. 4705, Nov. 2, 1994. Although such section 109 amended this subsection ‘‘by adding at the
end’’ paragraph (5) and delayed the amendment until after paragraph (6) was added, paragraph
(5) was inserted before paragraph (6) to effectuate the probable intent of Congress.
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Sec. 17
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(bb) is operating a Federal program requiring nonprofit status to participate in the
program; or
(cc) is described in subsection (a)(2)(B).
(ii) EXCEPTION FOR FAMILY OR GROUP DAY CARE
HOMES.—Clause (i) shall not apply to a family or
group day care home.
(C) EXCEPTION FOR CERTAIN SPONSORING ORGANIZATIONS.—
(i) IN GENERAL.—The State agency may approve
an eligible institution acting as a sponsoring organization for one or more family or group day care homes
or centers that, at the time of application, is not participating in the child and adult care food program
only if the State agency determines that—
(I) the institution meets the requirements established by subparagraphs (A) and (B); and
(II) the participation of the institution will
help to ensure the delivery of benefits to otherwise
unserved family or group day care homes or centers or to unserved children in an area.
(ii) CRITERIA FOR SELECTION.—The State agency
shall establish criteria for approving an eligible institution acting as a sponsoring organization for one or
more family or group day care homes or centers that,
at the time of application, is not participating in the
child and adult care food program for the purpose of
determining if the participation of the institution will
help ensure the delivery of benefits to otherwise
unserved family or group day care homes or centers or
to unserved children in an area.
(D) NOTIFICATION TO APPLICANTS.—Not later than 30
days after the date on which an applicant institution files
a completed application with the State agency, the State
agency shall notify the applicant institution whether the
institution has been approved or disapproved to participate
in the child and adult care food program.
(E) PERMANENT OPERATING AGREEMENTS.—
(i) IN GENERAL.—Subject to clauses (ii) and (iii), to
participate in the child and adult care food program,
an institution that meets the conditions of eligibility
described in this subsection shall be required to enter
into a permanent agreement with the applicable State
agency.
(ii) AMENDMENTS.—A permanent agreement described in clause (i) may be amended as necessary to
ensure that the institution is in compliance with all
requirements established in this section or by the Secretary.
(iii) TERMINATION.—A permanent agreement described in clause (i)—
(I) may be terminated for convenience by the
institution or State agency that is a party to the
permanent agreement; and
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(II) shall be terminated—
(aa) for cause by the applicable State
agency in accordance with paragraph (5); or
(bb) on termination of participation of the
institution in the child and adult care food
program.
(2) PROGRAM APPLICATIONS.—
(A) IN GENERAL.—The Secretary shall develop a policy
under which each institution providing child care that participates in the program under this section shall—
(i) submit to the State agency an initial application to participate in the program that meets all requirements established by the Secretary by regulation;
(ii) annually confirm to the State agency that the
institution, and any facilities of the institution in
which the program is operated by a sponsoring organization, is in compliance with subsection (a)(5); and
(iii) annually submit to the State agency any additional information necessary to confirm that the institution is in compliance with all other requirements to
participate in the program, as established in this Act
and by the Secretary by regulation.
(B) REQUIRED REVIEWS OF SPONSORED FACILITIES.—
(i) IN GENERAL.—The Secretary shall develop a
policy under which each sponsoring organization participating in the program under this section shall conduct—
(I) periodic unannounced site visits at not less
than 3-year intervals to sponsored child and adult
care centers and family or group day care homes
to identify and prevent management deficiencies
and fraud and abuse under the program; and
(II) at least 1 scheduled site visit each year to
sponsored child and adult care centers and family
or group day care homes to identify and prevent
management deficiencies and fraud and abuse
under the program and to improve program operations.
(ii) VARIED TIMING.—Sponsoring organizations
shall vary the timing of unannounced reviews under
clause (i)(I) in a manner that makes the reviews unpredictable to sponsored facilities.
(C) REQUIRED REVIEWS OF INSTITUTIONS.—The Secretary shall develop a policy under which each State agency shall conduct—
(i) at least 1 scheduled site visit at not less than
3-year intervals to each institution under the State
agency participating in the program under this section—
(I) to identify and prevent management deficiencies and fraud and abuse under the program;
and
(II) to improve program operations; and
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(ii) more frequent reviews of any institution
that—
(I) sponsors a significant share of the facilities
participating in the program;
(II) conducts activities other than the program
authorized under this section;
(III) has serious management problems, as
identified in a prior review, or is at risk of having
serious management problems; or
(IV) meets such other criteria as are defined
by the Secretary.
(D) DETECTION AND DETERRENCE OF ERRONEOUS PAYMENTS AND FALSE CLAIMS.—
(i) IN GENERAL.—The Secretary may develop a policy to detect and deter, and recover erroneous payments to, and false claims submitted by, institutions,
sponsored child and adult care centers, and family or
group day care homes participating in the program
under this section.
(ii) BLOCK CLAIMS.—
(I) DEFINITION OF BLOCK CLAIM.—In this
clause, the term ‘‘block claim’’ has the meaning
given the term in section 226.2 of title 7, Code of
Federal Regulations (or successor regulations).
(II) PROGRAM EDIT CHECKS.—The Secretary
may not require any State agency, sponsoring organization, or other institution to perform edit
checks or on-site reviews relating to the detection
of block claims by any child care facility.
(III) ALLOWANCE.—Notwithstanding subclause
(II), the Secretary may require any State agency,
sponsoring organization, or other institution to
collect, store, and transmit to the appropriate entity information necessary to develop any other
policy developed under clause (i).
(3) PROGRAM INFORMATION.—
(A) IN GENERAL.—On enrollment of a child in a sponsored child care center or family or group day care home
participating in the program, the center or home (or its
sponsoring organization) shall provide to the child’s parents or guardians—
(i) information that describes the program and its
benefits; and
(ii) the name and telephone number of the sponsoring organization of the center or home and the
State agency involved in the operation of the program.
(B) FORM.—The information described in subparagraph (A) shall be in a form and, to the maximum extent
practicable, language easily understandable by the child’s
parents or guardians.
(4) ALLOWABLE ADMINISTRATIVE EXPENSES FOR SPONSORING
ORGANIZATIONS.—In consultation with State agencies and sponsoring organizations, the Secretary shall develop, and provide
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
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zations of, a list of allowable reimbursable administrative expenses for sponsoring organizations under the program.
(5) TERMINATION OR SUSPENSION OF PARTICIPATING ORGANIZATIONS.—
(A) IN GENERAL.—The Secretary shall establish procedures for the termination of participation by institutions
and family or group day care homes under the program.
(B) STANDARDS.—Procedures established pursuant to
subparagraph (A) shall include standards for terminating
the participation of an institution or family or group day
care home that—
(i) engages in unlawful practices, falsifies information provided to the State agency, or conceals a criminal background; or
(ii) substantially fails to fulfill the terms of its
agreement with the State agency.
(C) CORRECTIVE ACTION.—Procedures established pursuant to subparagraph (A)—
(i) shall require an entity described in subparagraph (B) to undertake corrective action; and
(ii) may require the immediate suspension of operation of the program by an entity described in subparagraph (B), without the opportunity for corrective
action, if the State agency determines that there is imminent threat to the health or safety of a participant
at the entity or the entity engages in any activity that
poses a threat to public health or safety.
(D) HEARING.—
(i) IN GENERAL.—Except as provided in clause (ii),
an institution or family or group day care home shall
be provided a fair hearing in accordance with subsection (e)(1) prior to any determination to terminate
participation by the institution or family or group day
care home under the program.
(ii) EXCEPTION FOR FALSE OR FRAUDULENT
CLAIMS.—
(I) IN GENERAL.—If a State agency determines
that an institution has knowingly submitted a
false or fraudulent claim for reimbursement, the
State agency may suspend the participation of the
institution in the program in accordance with this
clause.
(II) REQUIREMENT FOR REVIEW.—Prior to any
determination to suspend participation of an institution under subclause (I), the State agency shall
provide for an independent review of the proposed
suspension in accordance with subclause (III).
(III) REVIEW PROCEDURE.—The review shall—
(aa) be conducted by an independent and
impartial official other than, and not accountable to, any person involved in the determination to suspend the institution;
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84
mentation relating to the suspension, including State agency documentation of the alleged
false or fraudulent claim for reimbursement
and the response of the institution to the documentation;
(cc) require the reviewing official to determine, based on the review, whether the State
agency has established, based on a preponderance of the evidence, that the institution has
knowingly submitted a false or fraudulent
claim for reimbursement;
(dd) require the suspension to be in effect
for not more than 120 calendar days after the
institution has received notification of a determination of suspension in accordance with
this clause; and
(ee) require the State agency during the
suspension to ensure that payments continue
to be made to sponsored centers and family
and group day care homes meeting the requirements of the program.
(IV) HEARING.—A State agency shall provide
an institution that has been suspended from participation in the program under this clause an opportunity for a fair hearing on the suspension conducted in accordance with subsection (e)(1).
(E) LIST OF DISQUALIFIED INSTITUTIONS AND INDIVIDUALS.—
(i) IN GENERAL.—The Secretary shall maintain a
list of institutions, sponsored family or group day care
homes, and individuals that have been terminated or
otherwise disqualified from participation in the program.
(ii) AVAILABILITY.—The Secretary shall make the
list available to State agencies for use in approving or
renewing applications by institutions, sponsored family or group day care homes, and individuals for participation in the program.
(e) HEARINGS.—
(1) IN GENERAL.—Except as provided in paragraph (4),
each State agency shall provide, in accordance with regulations
promulgated by the Secretary, an opportunity for a fair hearing and a prompt determination to any institution aggrieved by
any action of the State agency that affects—
(A) the participation of the institution in the program
authorized by this section; or
(B) the claim of the institution for reimbursement
under this section.
(2) REIMBURSEMENT.—In accordance with paragraph (3), a
State agency that fails to meet timeframes for providing an opportunity for a fair hearing and a prompt determination to any
institution under paragraph (1) in accordance with regulations
promulgated by the Secretary, shall pay, from non-Federal
sources, all valid claims for reimbursement to the institution
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 17
and the facilities of the institution during the period beginning
on the day after the end of any regulatory deadline for providing the opportunity and making the determination and ending on the date on which a hearing determination is made.
(3) NOTICE TO STATE AGENCY.—The Secretary shall provide
written notice to a State agency at least 30 days prior to imposing any liability for reimbursement under paragraph (2).
(4) FEDERAL AUDIT DETERMINATION.—A State is not required to provide a hearing to an institution concerning a State
action taken on the basis of a Federal audit determination.
(5) SECRETARIAL HEARING.—If a State does not provide a
hearing to an institution concerning a State action taken on
the basis of a Federal audit determination, the Secretary, on
request, shall afford a hearing to the institution concerning the
action.
(f) STATE DISBURSEMENTS TO INSTITUTIONS.—
(1) IN GENERAL.—
(A) REQUIREMENT.—Funds paid to any State under
this section shall be disbursed to eligible institutions by
the State under agreements approved by the Secretary.
Disbursements to any institution shall be made only for
the purpose of assisting in providing meals to children attending institutions, or in family or group day care homes.
Disbursement to any institution shall not be dependent
upon the collection of moneys from participating children.
All valid claims from such institutions shall be paid within
forty-five days of receipt by the State. The State shall notify the institution within fifteen days of receipt of a claim
if the claim as submitted is not valid because it is incomplete or incorrect.
(B) FRAUD OR ABUSE.—
(i) IN GENERAL.—The State may recover funds disbursed under subparagraph (A) to an institution if the
State determines that the institution has engaged in
fraud or abuse with respect to the program or has submitted an invalid claim for reimbursement.
(ii) PAYMENT.—Amounts recovered under clause
(i)—
(I) may be paid by the institution to the State
over a period of one or more years; and
(II) shall not be paid from funds used to provide meals and supplements.
(iii) HEARING.—An institution shall be provided a
fair hearing in accordance with subsection (e)(1) prior
to any determination to recover funds under this subparagraph.
(2)(A) Subject to subparagraph (B) of this paragraph, the disbursement for any fiscal year to any State for disbursement to institutions, other than family or group day care home sponsoring organizations, for meals provided under this section shall be equal to
the sum of the products obtained by multiplying the total number
of each type of meal (breakfast, lunch, or supper, or supplement)
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
86
tional average payment rate for each such type of meal, as determined under subsection (c).
(B) No reimbursement may be made to any institution under
this paragraph, or to family or group day care home sponsoring organizations under paragraph (3) of this subsection, for more than
two meals and one supplement per day per child, or in the case of
an institution (but not in the case of a family or group day care
home sponsoring organization), 2 meals and 1 supplement per day
per child, for children that are maintained in a child care setting
for eight or more hours per day.
(C) LIMITATION ON ADMINISTRATIVE EXPENSES FOR CERTAIN SPONSORING ORGANIZATIONS.—
(i) IN GENERAL.—Except as provided in clause (ii),
a sponsoring organization of a day care center may reserve not more than 15 percent of the funds provided
under paragraph (1) for the administrative expenses of
the organization.
(ii) WAIVER.—A State may waive the requirement
in clause (i) with respect to a sponsoring organization
if the organization provides justification to the State
that the organization requires funds in excess of 15
percent of the funds provided under paragraph (1) to
pay the administrative expenses of the organization.
(3) REIMBURSEMENT OF FAMILY OR GROUP DAY CARE HOME
SPONSORING ORGANIZATIONS.—
(A) REIMBURSEMENT FACTOR.—
(i) IN GENERAL.—An institution that participates
in the program under this section as a family or group
day care home sponsoring organization shall be provided, for payment to a home sponsored by the organization, reimbursement factors in accordance with this
subparagraph for the cost of obtaining and preparing
food and prescribed labor costs involved in providing
meals under this section.
(ii) TIER I FAMILY OR GROUP DAY CARE HOMES.—
(I) DEFINITION OF TIER I FAMILY OR GROUP DAY
CARE HOME.—In this paragraph, the term ‘‘tier I
family or group day care home’’ means—
(aa) a family or group day care home that
is located in a geographic area, as defined by
the Secretary based on census data, in which
at least 50 percent of the children residing in
the area are members of households whose incomes meet the income eligibility guidelines
for free or reduced price meals under section
9;
(bb) a family or group day care home that
is located in an area served by a school enrolling students in which at least 50 percent of
the total number of children enrolled are certified eligible to receive free or reduced price
school meals under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or
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Sec. 17
(cc) a family or group day care home that
is operated by a provider whose household
meets the income eligibility guidelines for free
or reduced price meals under section 9 and
whose income is verified by the sponsoring organization of the home under regulations established by the Secretary.
(II) REIMBURSEMENT.—Except as provided in
subclause (III), a tier I family or group day care
home shall be provided reimbursement factors
under this clause without a requirement for documentation of the costs described in clause (i), except that reimbursement shall not be provided
under this subclause for meals or supplements
served to the children of a person acting as a family or group day care home provider unless the
children meet the income eligibility guidelines for
free or reduced price meals under section 9.
(III) FACTORS.—Except as provided in subclause (IV), the reimbursement factors applied to
a home referred to in subclause (II) shall be the
factors in effect on July 1, 1996.
(IV) ADJUSTMENTS.—The reimbursement factors under this subparagraph shall be adjusted on
July 1, 1997, and each July 1 thereafter, to reflect
changes in the Consumer Price Index for food at
home for the most recent 12-month period for
which the data are available. The reimbursement
factors under this subparagraph shall be rounded
to the nearest lower cent increment and based on
the unrounded adjustment in effect on June 30 of
the preceding school year.
(iii) TIER II FAMILY OR GROUP DAY CARE HOMES.—
(I) IN GENERAL.—
(aa) FACTORS.—Except as provided in
subclause (II), with respect to meals or supplements served under this clause by a family
or group day care home that does not meet
the criteria set forth in clause (ii)(I), the reimbursement factors shall be 95 cents for
lunches and suppers, 27 cents for breakfasts,
and 13 cents for supplements.
(bb) ADJUSTMENTS.—The factors shall be
adjusted on July 1, 1997, and each July 1
thereafter, to reflect changes in the Consumer
Price Index for food at home for the most recent 12-month period for which the data are
available. The reimbursement factors under
this item shall be rounded down to the nearest lower cent increment and based on the
unrounded adjustment for the preceding 12month period.
(cc) REIMBURSEMENT.—A family or group
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Sec. 17
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
88
ment factors under this subclause without a
requirement for documentation of the costs
described in clause (i), except that reimbursement shall not be provided under this subclause for meals or supplements served to the
children of a person acting as a family or
group day care home provider unless
the children meet the income eligibility guidelines for free or reduced price meals under
section 9.
(II) OTHER FACTORS.—A family or group day
care home that does not meet the criteria set forth
in clause (ii)(I) may elect to be provided reimbursement factors determined in accordance with
the following requirements:
(aa) CHILDREN ELIGIBLE FOR FREE OR REDUCED PRICE MEALS.—In the case of meals or
supplements served under this subsection to
children who are members of households
whose incomes meet the income eligibility
guidelines for free or reduced price meals
under section 9, the family or group day care
home shall be provided reimbursement factors
set by the Secretary in accordance with clause
(ii)(III).
(bb) INELIGIBLE CHILDREN.—In the case of
meals or supplements served under this subsection to children who are members of households whose incomes do not meet the income
eligibility guidelines, the family or group day
care home shall be provided reimbursement
factors in accordance with subclause (I).
(III) INFORMATION AND DETERMINATIONS.—
(aa) IN GENERAL.—If a family or group
day care home elects to claim the factors described in subclause (II), the family or group
day care home sponsoring organization serving the home shall collect the necessary income information, as determined by the Secretary, from any parent or other caretaker to
make the determinations specified in subclause (II) and shall make the determinations
in accordance with rules prescribed by the
Secretary.
(bb) CATEGORICAL ELIGIBILITY.—In making a determination under item (aa), a family
or group day care home sponsoring organization may consider a child participating in or
subsidized under, or a child with a parent
participating in or subsidized under, a federally or State supported child care or other
benefit program with an income eligibility
limit that does not exceed the eligibility
standard for free or reduced price meals
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 17
under section 9 to be a child who is a member
of a household whose income meets the income eligibility guidelines under section 9.
(cc) FACTORS FOR CHILDREN ONLY.—A
family or group day care home may elect to
receive the reimbursement factors prescribed
under clause (ii)(III) solely for the children
participating in a program referred to in item
(bb) if the home elects not to have income
statements collected from parents or other
caretakers.
(dd) TRANSMISSION OF INCOME INFORMATION BY SPONSORED FAMILY OR GROUP DAY
CARE HOMES.—If a family or group day care
home elects to be provided reimbursement
factors described in subclause (II), the family
or group day care home may assist in the
transmission of necessary household income
information to the family or group day care
home sponsoring organization in accordance
with the policy described in item (ee).
(ee) POLICY.—The Secretary shall develop
a policy under which a sponsored family or
group day care home described in item (dd)
may, under terms and conditions specified by
the Secretary and with the written consent of
the parents or guardians of a child in a family
or group day care home participating in the
program, assist in the transmission of the income information of the family to the family
or group day care home sponsoring organization.
(IV) SIMPLIFIED MEAL COUNTING AND REPORTING PROCEDURES.—The Secretary shall prescribe
simplified meal counting and reporting procedures
for use by a family or group day care home that
elects to claim the factors under subclause (II) and
by a family or group day care home sponsoring organization that sponsors the home. The procedures the Secretary prescribes may include 1 or
more of the following:
(aa) Setting an annual percentage for
each home of the number of meals served that
are to be reimbursed in accordance with the
reimbursement factors prescribed under
clause (ii)(III) and an annual percentage of
the number of meals served that are to be reimbursed in accordance with the reimbursement factors prescribed under subclause (I),
based on the family income of children enrolled in the home in a specified month or
other period.
(bb) Placing a home into 1 of 2 or more
reimbursement categories annually based on
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Sec. 17
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
90
the percentage of children in the home whose
households have incomes that meet the income eligibility guidelines under section 9,
with each such reimbursement category carrying a set of reimbursement factors such as
the factors prescribed under clause (ii)(III) or
subclause (I) or factors established within the
range of factors prescribed under clause
(ii)(III) and subclause (I).
(cc) Such other simplified procedures as
the Secretary may prescribe.
(V) MINIMUM VERIFICATION REQUIREMENTS.—
The Secretary may establish any minimum
verification requirements that are necessary to
carry out this clause.
(B) ADMINISTRATIVE FUNDS.—
(i) IN GENERAL.—In addition to reimbursement
factors described in subparagraph (A), a family or
group day care home sponsoring organization shall receive reimbursement for the administrative expenses
of the sponsoring organization in an amount that is
not less than the product obtained each month by multiplying—
(I) the number of family and group day care
homes of the sponsoring organization submitting a
claim for reimbursement during the month; by
(II) the appropriate administrative rate determined by the Secretary.
(ii) ANNUAL ADJUSTMENT.—The administrative reimbursement levels specified in clause (i) shall be adjusted July 1 of each year to reflect changes in the
Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for
which such data are available.
(iii) CARRYOVER FUNDS.—The Secretary shall develop procedures under which not more than 10 percent of the amount made available to sponsoring organizations under this section for administrative expenses for a fiscal year may remain available for obligation or expenditure in the succeeding fiscal year.
(C)(i) Reimbursement for administrative expenses shall also include start-up funds to finance the administrative expenses for
such institutions to initiate successful operation under the program
and expansion funds to finance the administrative expenses for
such institutions to expand into low-income or rural areas. Institutions that have received start-up funds may also apply at a later
date for expansion funds. Such start-up funds and expansion funds
shall be in addition to other reimbursement to such institutions for
administrative expenses. Start-up funds and expansion funds shall
be payable to enable institutions satisfying the criteria of subsection (d) of this section, and any other standards prescribed by
the Secretary, to develop an application for participation in the program as a family or group day care home sponsoring organization
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 17
or to implement the program upon approval of the application.
Such start-up funds and expansion funds shall be payable in accordance with the procedures prescribed by the Secretary. The
amount of start-up funds and expansion funds payable to an institution shall be not less than the institution’s anticipated reimbursement for administrative expenses under the program for one
month and not more than the institution’s anticipated reimbursement for administrative expenses under the program for two
months.
(ii) Funds for administrative expenses may be used by family
or group day care home sponsoring organizations assist unlicensed
family or group day care homes in becoming licensed.
(D) LIMITATIONS ON ABILITY OF FAMILY OR GROUP DAY
CARE HOMES TO TRANSFER SPONSORING ORGANIZATIONS.—
(i) IN GENERAL.—Subject to clause (ii), a State
agency shall limit the ability of a family or group day
care home to transfer from a sponsoring organization
to another sponsoring organization more frequently
than once a year.
(ii) GOOD CAUSE.—The State agency may permit
or require a family or group day care home to transfer
from a sponsoring organization to another sponsoring
organization more frequently than once a year for good
cause (as determined by the State agency), including
circumstances in which the sponsoring organization of
the family or group day care home ceases to participate in the child and adult care food program.
(E) PROVISION OF DATA TO FAMILY OR GROUP DAY CARE
HOME SPONSORING ORGANIZATIONS.—
(i) CENSUS DATA.—The Secretary shall provide to
each State agency administering a child and adult
care food program under this section data from the
most recent decennial census survey or other appropriate census survey for which the data are available
showing which areas in the State meet the requirements of subparagraph (A)(ii)(I)(aa). The State agency
shall provide the data to family or group day care
home sponsoring organizations located in the State.
(ii) SCHOOL DATA.—
(I) IN GENERAL.—A State agency administering the school lunch program under this Act
or the school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
shall provide to approved family or group day care
home sponsoring organizations a list of schools
serving elementary school children in the State in
which not less than 1⁄2 of the children enrolled are
certified to receive free or reduced price meals.
The State agency shall collect the data necessary
to create the list annually and provide the list on
a timely basis to any approved family or group
day care home sponsoring organization that requests the list.
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(II) USE OF DATA FROM PRECEDING SCHOOL
determining for a fiscal year or other
annual period whether a home qualifies as a tier
I family or group day care home under subparagraph (A)(ii)(I), the State agency administering
the program under this section, and a family or
group day care home sponsoring organization,
shall use the most current available data at the
time of the determination.
(iii) DURATION OF DETERMINATION.—For purposes
of this section, a determination that a family or group
day care home is located in an area that qualifies the
home as a tier I family or group day care home (as the
term is defined in subparagraph (A)(ii)(I)), shall be in
effect for 5 years (unless the determination is made on
the basis of census data, in which case the determination shall remain in effect until more recent census
data are available) unless the State agency determines
that the area in which the home is located no longer
qualifies the home as a tier I family or group day care
home.
(4) By the first day of each month of operation, the State may
provide advance payments for the month to each approved institution in an amount that reflects the full level of valid claims customarily received from such institution for one month’s operation. In
the case of a newly participating institution, the amount of the advance shall reflect the State’s best estimate of the level of valid
claims such institutions will submit. If the State has reason to believe that an institution will not be able to submit a valid claim
covering the period for which such an advance has been made, the
subsequent month’s advance payment shall be withheld until the
State receives a valid claim. Payments advanced to institutions
that are not subsequently deducted from a valid claim for reimbursement shall be repaid upon demand by the State. Any prior
payment that is under dispute may be subtracted from an advance
payment.
(g) NUTRITIONAL REQUIREMENTS FOR MEALS AND SNACKS
SERVED IN INSTITUTIONS AND FAMILY OR GROUP DAY CARE
HOMES.—
(1) DEFINITION OF DIETARY GUIDELINES.—In this subsection, the term ‘‘Dietary Guidelines’’ means the Dietary
Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of
1990 (7 U.S.C. 5341).
(2) NUTRITIONAL REQUIREMENTS.—
(A) IN GENERAL.—Except as provided in subparagraph
(C), reimbursable meals and snacks served by institutions,
family or group day care homes, and sponsored centers
participating in the program under this section shall consist of a combination of foods that meet minimum nutritional requirements prescribed by the Secretary on the
basis of tested nutritional research.
(B) CONFORMITY WITH THE DIETARY GUIDELINES AND
AUTHORITATIVE SCIENCE.—
YEAR.—In
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
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(i) IN GENERAL.—Not less frequently than once
every 10 years, the Secretary shall review and, as appropriate, update requirements for meals served under
the program under this section to ensure that the
meals—
(I) are consistent with the goals of the most
recent Dietary Guidelines; and
(II) promote the health of the population
served by the program authorized under this section, as indicated by the most recent relevant nutrition science and appropriate authoritative scientific agency and organization recommendations.
(ii) COST REVIEW.—The review required under
clause (i) shall include a review of the cost to child
care centers and group or family day care homes resulting from updated requirements for meals and
snacks served under the program under this section.
(iii) REGULATIONS.—Not later than 18 months
after the completion of the review of the meal pattern
under clause (i), the Secretary shall promulgate proposed regulations to update the meal patterns for
meals and snacks served under the program under
this section.
(C) EXCEPTIONS.—
(i) SPECIAL DIETARY NEEDS.—The minimum nutritional requirements prescribed under subparagraph
(A) shall not prohibit institutions, family or group day
care homes, and sponsored centers from substituting
foods to accommodate the medical or other special dietary needs of individual participants.
(ii) EXEMPT INSTITUTIONS.—The Secretary may
elect to waive all or part of the requirements of this
subsection for emergency shelters participating in the
program under this section.
(3) MEAL SERVICE.—Institutions, family or group day care
homes, and sponsored centers shall ensure that reimbursable
meal service contributes to the development and socialization
of enrolled children by providing that food is not used as a
punishment or reward.
(4) FLUID MILK.—
(A) IN GENERAL.—If an institution, family or group day
care home, or sponsored center provides fluid milk as part
of a reimbursable meal or supplement, the institution,
family or group day care home, or sponsored center shall
provide the milk in accordance with the most recent
version of the Dietary Guidelines.
(B) MILK SUBSTITUTES.—In the case of children who
cannot consume fluid milk due to medical or other special
dietary needs other than a disability, an institution, family
or group day care home, or sponsored center may substitute for the fluid milk required in meals served, a
nondairy beverage that—
(i) is nutritionally equivalent to fluid milk; and
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
94
(ii) meets nutritional standards established by the
Secretary, including, among other requirements established by the Secretary, fortification of calcium, protein, vitamin A, and vitamin D to levels found in cow’s
milk.
(C) APPROVAL.—
(i) IN GENERAL.—A substitution authorized under
subparagraph (B) may be made—
(I) at the discretion of and on approval by the
participating day care institution; and
(II) if the substitution is requested by written
statement of a medical authority, or by the parent
or legal guardian of the child, that identifies the
medical or other special dietary need that restricts
the diet of the child.
(ii) EXCEPTION.—An institution, family or group
day care home, or sponsored center that elects to make
a substitution authorized under this paragraph shall
not be required to provide beverages other than beverages the State has identified as acceptable substitutes.
(D) EXCESS EXPENSES BORNE BY INSTITUTION.—A participating institution, family or group day care home, or
sponsored center shall be responsible for any expenses
that—
(i) are incurred by the institution, family or group
day care home, or sponsored center to provide substitutions under this paragraph; and
(ii) are in excess of expenses covered under reimbursements under this Act.
(5) NONDISCRIMINATION POLICY.—No physical segregation
or other discrimination against any person shall be made because of the inability of the person to pay, nor shall there be
any overt identification of any such person by special tokens or
tickets, different meals or meal service, announced or published lists of names, or other means.
(6) USE OF ABUNDANT AND DONATED FOODS.—To the maximum extent practicable, each institution shall use in its food
service foods that are—
(A) designated from time to time by the Secretary as
being in abundance, either nationally or in the food service
area; or
(B) donated by the Secretary.
(h)(1)(A) The Secretary shall donate agricultural commodities
produced in the United States for use in institutions participating
in the child care food program under this section.
(B) The value of the commodities donated under subparagraph
(A) (or cash in lieu of commodities) to each State for each school
year shall be, at a minimum, the amount obtained by multiplying
the number of lunches and suppers served in participating institutions in that State during the preceding school year by the rate for
commodities or cash in lieu of commodities established under section 6(c) for the school year concerned.
(C) After the end of each school year, the Secretary shall—
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 17
(i) reconcile the number of lunches and suppers served in
participating institutions in each State during such school year
with the number of lunches and suppers served by participating institutions in each State during the preceding school
year; and
(ii) based on such reconciliation, increase or reduce subsequent commodity assistance or cash in lieu of commodities provided to each State.
(D) Any State receiving assistance under this section for institutions participating in the child care food program may, upon application to the Secretary, receive cash in lieu of some or all of the
commodities to which it would otherwise be entitled under this
subsection. In determining whether to request cash in lieu of commodities, the State shall base its decision on the preferences of individual participating institutions within the State, unless this
proves impracticable due to the small number of institutions preferring donated commodities.
(2) The Secretary is authorized to provide agricultural commodities obtained by the Secretary under the provisions of the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) and donated under
the provisions of section 416 of such Act, to the Department of Defense for use by its institutions providing child care services, when
such commodities are in excess of the quantities needed to meet
the needs of all other child nutrition programs, domestic and foreign food assistance and export enhancement programs. The Secretary shall require reimbursement from the Department of Defense for the costs, or some portion thereof, of delivering such commodities to overseas locations, unless the Secretary determines
that it is in the best interest of the program that the Department
of Agriculture shall assume such costs.
(i) AUDITS.—
(1) DISREGARDS.—
(A) IN GENERAL.—Subject to subparagraph (B), in conducting management evaluations, reviews, or audits under
this section, the Secretary or a State agency may disregard
any overpayment to an institution for a fiscal year if the
total overpayment to the institution for the fiscal year does
not exceed an amount that is consistent with the disregards allowed in other programs under this Act and recognizes the cost of collecting small claims, as determined
by the Secretary.
(B) CRIMINAL OR FRAUD VIOLATIONS.—In carrying out
this paragraph, the Secretary and a State agency shall not
disregard any overpayment for which there is evidence of
a violation of a criminal law or civil fraud law.
(2) FUNDING.—
(A) IN GENERAL.—The Secretary shall make available
for each fiscal year to each State agency administering the
child and adult care food program, for the purpose of conducting audits of participating institutions, an amount of
up to 1.5 percent of the funds used by each State in the
program under this section, during the second preceding
fiscal year.
(B) ADDITIONAL FUNDING.—
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Sec. 17
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
96
(i) IN GENERAL.—Subject to clause (ii), for fiscal
year 2016 and each fiscal year thereafter, the Secretary may increase the amount of funds made available to any State agency under subparagraph (A), if
the State agency demonstrates that the State agency
can effectively use the funds to improve program management under criteria established by the Secretary.
(ii) LIMITATION.—The total amount of funds made
available to any State agency under this paragraph
shall not exceed 2 percent of the funds used by each
State agency in the program under this section, during
the second preceding fiscal year.
(j) AGREEMENTS.—
(1) IN GENERAL.—The Secretary shall issue regulations directing States to develop and provide for the use of a standard
form of agreement between each sponsoring organization and
the family or group day care homes or sponsored day care centers participating in the program under such organization, for
the purpose of specifying the rights and responsibilities of each
party.
(2) DURATION.—An agreement under paragraph (1) shall
remain in effect until terminated by either party to the agreement.
(k) TRAINING AND TECHNICAL ASSISTANCE.—A State participating in the program established under this section shall provide
sufficient training, technical assistance, and monitoring to facilitate
effective operation of the program. The Secretary shall assist the
State in developing plans to fulfill the requirements of this subsection.
(l) Expenditures of funds from State and local sources for the
maintenance of food programs for children shall not be diminished
as a result of funds received under this section.
(m) States and institutions participating in the program under
this section shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has
been compliance with the requirements of this section. Such accounts and records shall be available at any reasonable time for inspection and audit by representatives of the Secretary, the Comptroller General of the United States, and appropriate State representatives and shall be preserved for such period of time, not in
excess of five years, as the Secretary determines necessary.
(n) There are hereby authorized to be appropriated for each fiscal year such funds as are necessary to carry out the purposes of
this section.
(o)(1) For purposes of this section, adult day care centers shall
be considered eligible institutions for reimbursement for meals or
supplements served to persons 60 years of age or older or to chronically impaired disabled persons, including victims of Alzheimer’s
disease and related disorders with neurological and organic brain
dysfunction. Reimbursement provided to such institutions for such
purposes shall improve the quality of meals or level of services provided or increase participation in the program. Lunches served by
each such institution for which reimbursement is claimed under
this section shall provide, on the average, approximately 1⁄3 of the
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 17
daily recommended dietary allowance established by the Food and
Nutrition Board of the National Research Council of the National
Academy of Sciences. Such institutions shall make reasonable efforts to serve meals that meet the special dietary requirements of
participants, including efforts to serve foods in forms palatable to
participants.
(2) For purposes of this subsection—
(A) the term ‘‘adult day care center’’ means any public
agency or private nonprofit organization, or any proprietary
title XIX or title XX center, which—
(i) is licensed or approved by Federal, State, or local
authorities to provide adult day care services to chronically
impaired disabled adults or persons 60 years of age or
older in a group setting outside their homes, or a group
living arrangement, on a less than 24-hour basis; and
(ii) provides for such care and services directly or
under arrangements made by the agency or organization
whereby the agency or organization maintains professional
management responsibility for all such services; and
(B) the term ‘‘proprietary title XIX or title XX center’’
means any private, for-profit center providing adult day care
services for which it receives compensation from amounts
granted to the States under title XIX or XX of the Social Security Act ø(42 U.S.C. 1396 et seq.)¿ and which title XIX or title
XX beneficiaries were not less than 25 percent of enrolled eligible participants in a calendar month preceding initial application or annual reapplication for program participation.
(3)(A) The Secretary, in consulation with the Assistant Secretary for Aging, shall establish, within 6 months of enactment
øenacted on October 1, 1988¿, separate guidelines for reimbursement of institutions described in this subsection. Such reimbursement shall take into account the nutritional requirements of eligible persons, as determined by the Secretary on the basis of tested
nutritional research, except that such reimbursement shall not be
less than would otherwise be required under this section.
(B) The guidelines shall contain provisions designed to assure
that reimbursement under this subsection shall not duplicate reimbursement under part C of title III of the Older Americans Act of
1965 ø(42 U.S.C. 3030e et seq.)¿, for the same meal served.
(4) For the purpose of establishing eligibility for free or reduced price meals or supplements under this subsection, income
shall include only the income of an eligible person and, if any, the
spouse and dependents with whom the eligible person resides.
(5) A person described in paragraph (1) shall be considered
automatically eligible for free meals or supplements under this subsection, without further application or eligibility determination, if
the person is—
(A) a member of a household receiving assistance under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(B) a recipient of assistance under title XVI or XIX of the
Social Security Act (42 U.S.C. 1381 et seq.).
(6) The Governor of any State may designate to administer the
program under this subsection a State agency other than the agency that administers the child care food program under this section.
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Sec. 17
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
98
ø(p) 15 ¿
(q) MANAGEMENT SUPPORT.—
(1) TECHNICAL AND TRAINING ASSISTANCE.—In addition to
the training and technical assistance that is provided to State
agencies under other provisions of this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary shall
provide training and technical assistance in order to assist the
State agencies in improving their program management and
oversight under this section.
(2) TECHNICAL AND TRAINING ASSISTANCE FOR IDENTIFICATION AND PREVENTION OF FRAUD AND ABUSE.—As part of training and technical assistance provided under paragraph (1), the
Secretary shall provide training on a continuous basis to State
agencies, and shall ensure that such training is provided to
sponsoring organizations, for the identification and prevention
of fraud and abuse under the program and to improve management of the program.
(r) PROGRAM FOR AT-RISK SCHOOL CHILDREN.—
(1) DEFINITION OF AT-RISK SCHOOL CHILD.—In this subsection, the term ‘‘at-risk school child’’ means a school child
who—
(A) is not more than 18 years of age, except that the
age limitation provided by this subparagraph shall not
apply to a child described in section 12(d)(1)(A); and
(B) participates in a program authorized under this
section operated at a site located in a geographical area
served by a school in which at least 50 percent of the children enrolled are certified as eligible to receive free or reduced price school meals under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(2) PARTICIPATION IN CHILD AND ADULT CARE FOOD PROGRAM.—An institution may participate in the program authorized under this section only if the institution provides meals or
supplements under a program—
(A) organized primarily to provide care to at-risk
school children during after-school hours, weekends, or
holidays during the regular school year; and
(B) with an educational or enrichment purpose.
(3) ADMINISTRATION.—Except as otherwise provided in this
subsection, the other provisions of this section apply to an institution described in paragraph (2).
(4) MEAL AND SUPPLEMENT REIMBURSEMENT.—
(A) LIMITATIONS.—An institution may claim reimbursement under this subsection only for one meal per
child per day and one supplement per child per day served
under a program organized primarily to provide care to atrisk school children during after-school hours, weekends,
or holidays during the regular school year.
(B) RATES.—
(i) MEALS.—A meal shall be reimbursed under
this subsection at the rate established for free meals
under subsection (c).
15 Subsec.
(p) struck by sec. 441(a)(7) of P.L. 111–296, 124 Stat. 3264, Dec. 13, 2010.
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RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 17
(ii) SUPPLEMENTS.—A supplement shall be reimbursed under this subsection at the rate established
for a free supplement under subsection (c)(3).
(C) NO CHARGE.—A meal or supplement claimed for
reimbursement under this subsection shall be served without charge.
(5) LIMITATION.—An institution participating in the program under this subsection may not claim reimbursement for
meals and snacks that are served under section 18(h) on the
same day.
(6) HANDBOOK.—
(A) IN GENERAL.—Not later than 180 days after the
date of enactment of the Healthy, Hunger-Free Kids Act of
2010, the Secretary shall—
(i) issue guidelines for afterschool meals for atrisk school children; and
(ii) publish a handbook reflecting those guidelines.
(B) REVIEW.—Each year after the issuance of guidelines under subparagraph (A), the Secretary shall—
(i) review the guidelines; and
(ii) issue a revised handbook reflecting changes
made to the guidelines.
(s) INFORMATION CONCERNING THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.—
(1) IN GENERAL.—The Secretary shall provide each State
agency administering a child and adult care food program
under this section with information concerning the special supplemental nutrition program for women, infants, and children
authorized under section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786).
(2) REQUIREMENTS FOR STATE AGENCIES.—Each State agency shall ensure that each participating family and group day
care home and child care center (other than an institution providing care to school children outside school hours)—
(A) receives materials that include—
(i) a basic explanation of the importance and benefits of the special supplemental nutrition program for
women, infants, and children;
(ii) the maximum State income eligibility standards, according to family size, for the program; and
(iii) information concerning how benefits under
the program may be obtained;
(B) receives periodic updates of the information described in subparagraph (A); and
(C) provides the information described in subparagraph (A) to parents of enrolled children at enrollment.
(t) PARTICIPATION BY EMERGENCY SHELTERS.—
(1) DEFINITION OF EMERGENCY SHELTER.—In this subsection, the term ‘‘emergency shelter’’ means—
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Sec. 17
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
100
(A) an emergency shelter (as defined in section 321 of
the Stewart B. McKinney Homeless Assistance Act 16 (42
U.S.C. 11351)); or
(B) a site operated by the shelter.
(2) ADMINISTRATION.—Except as otherwise provided in this
subsection, an emergency shelter shall be eligible to participate
in the program authorized under this section in accordance
with the terms and conditions applicable to eligible institutions
described in subsection (a).
(3) LICENSING REQUIREMENTS.—The licensing requirements
contained in subsection (a)(5) shall not apply to an emergency
shelter.
(4) HEALTH AND SAFETY STANDARDS.—To be eligible to participate in the program authorized under this section, an emergency shelter shall comply with applicable State or local health
and safety standards.
(5) MEAL OR SUPPLEMENT REIMBURSEMENT.—
(A) LIMITATIONS.—An emergency shelter may claim reimbursement under this subsection—
(i) only for a meal or supplement served to children residing at an emergency shelter, if the children
are—
(I) not more than 18 years of age; or
(II) children with disabilities; and
(ii) for not more than 3 meals, or 2 meals and a
supplement, per child per day.
(B) RATE.—A meal or supplement eligible for reimbursement shall be reimbursed at the rate at which free
meals and supplements are reimbursed under subsection
(c).
(C) NO CHARGE.—A meal or supplement claimed for
reimbursement shall be served without charge.
(u) PROMOTING HEALTH AND WELLNESS IN CHILD CARE.—
(1) PHYSICAL ACTIVITY AND ELECTRONIC MEDIA USE.—The
Secretary shall encourage participating child care centers and
family or group day care homes—
(A) to provide to all children under the supervision of
the participating child care centers and family or group
day care homes daily opportunities for structured and
unstructured age-appropriate physical activity; and
(B) to limit among children under the supervision of
the participating child care centers and family or group
day care homes the use of electronic media to an appropriate level.
(2) WATER CONSUMPTION.—Participating child care centers
and family or group day care homes shall make available to
children, as nutritionally appropriate, potable water as an acceptable fluid for consumption throughout the day, including at
meal times.
(3) TECHNICAL ASSISTANCE AND GUIDANCE.—
16 Sec. 2 of P.L. 106–400, 114 Stat. 1675, Oct. 30, 2000, provides that any reference in any
law, regulation, document, paper, or other record of the United States to the Stewart B. McKinney Homeless Assistance Act shall be deemed to be a reference to the ‘‘McKinney-Vento Homeless Assistance Act’’.
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(A) IN GENERAL.—The Secretary shall provide technical assistance to institutions participating in the program under this section to assist participating child care
centers and family or group day care homes in complying
with the nutritional requirements and wellness recommendations prescribed by the Secretary in accordance
with this subsection and subsection (g).
(B) GUIDANCE.—Not later than January 1, 2012, the
Secretary shall issue guidance to States and institutions to
encourage participating child care centers and family or
group day care homes serving meals and snacks under this
section to—
(i) include foods that are recommended for increased serving consumption in amounts recommended by 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), including fresh, canned, dried, or
frozen fruits and vegetables, whole grain products,
lean meat products, and low-fat and non-fat dairy
products; and
(ii) reduce sedentary activities and provide opportunities for regular physical activity in quantities recommended by the most recent Dietary Guidelines for
Americans described in clause (i).
(C) NUTRITION.—Technical assistance relating to the
nutritional requirements of this subsection and subsection
(g) shall include—
(i) nutrition education, including education that
emphasizes the relationship between nutrition, physical activity, and health;
(ii) menu planning;
(iii) interpretation of nutrition labels; and
(iv) food preparation and purchasing guidance to
produce meals and snacks that are—
(I) consistent with the goals of the most recent Dietary Guidelines; and
(II) promote the health of the population
served by the program under this section, as recommended by authoritative scientific organizations.
(D) PHYSICAL ACTIVITY.—Technical assistance relating
to the physical activity requirements of this subsection
shall include—
(i) education on the importance of regular physical
activity to overall health and well being; and
(ii) sharing of best practices for physical activity
plans in child care centers and homes as recommended
by authoritative scientific organizations.
(E) ELECTRONIC MEDIA USE.—Technical assistance relating to the electronic media use requirements of this subsection shall include—
(i) education on the benefits of limiting exposure
to electronic media by children; and
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Sec. 17A
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
102
(ii) sharing of best practices for the development
of daily activity plans that limit use of electronic
media.
(F) MINIMUM ASSISTANCE.—At a minimum, the technical assistance required under this paragraph shall include a handbook, developed by the Secretary in coordination with the Secretary for Health and Human Services,
that includes recommendations, guidelines, and best practices for participating institutions and family or group day
care homes that are consistent with the nutrition, physical
activity, and wellness requirements and recommendations
of this subsection.
(G) ADDITIONAL ASSISTANCE.—In addition to the requirements of this paragraph, the Secretary shall develop
and provide such appropriate training and education materials, guidance, and technical assistance as the Secretary
considers to be necessary to comply with the nutritional
and wellness requirements of this subsection and subsection (g).
(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 provide technical assistance under this subsection $10,000,000, to remain available until expended.
(ii) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall use
to carry out this subsection the funds transferred
under clause (i), without further appropriation.
SEC. 17A. ø42 U.S.C. 1766a¿ MEAL SUPPLEMENTS FOR CHILDREN IN
AFTERSCHOOL CARE.
(a) GENERAL AUTHORITY.—
(1) GRANTS TO STATES.—The Secretary shall carry out a
program to assist States through grants-in-aid and other
means to provide meal supplements under a program organized primarily to provide care for children in afterschool care
in eligible elementary and secondary schools.
(2) ELIGIBLE SCHOOLS.—For the purposes of this section,
the term ‘‘eligible elementary and secondary schools’’ means
schools that—
(A) operate school lunch programs under this Act;
(B) sponsor afterschool care programs; and
(C) operate afterschool programs with an educational
or enrichment purpose.
(b) ELIGIBLE CHILDREN.—Reimbursement may be provided
under this section only for supplements served to school children
who are not more than 18 years of age, except that the age limitation provided by this subsection shall not apply to a child described
in section 12(d)(1)(A).
(c) REIMBURSEMENT.—
(1) AT-RISK SCHOOL CHILDREN.—In the case of an eligible
child who is participating in a program authorized under this
section operated at a site located in a geographical area served
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103
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 18
by a school in which at least 50 percent of the children enrolled
are certified as eligible to receive free or reduced price school
meals under this Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), a supplement provided under this section
to the child shall be—
(A) reimbursed at the rate at which free supplements
are reimbursed under section 17(c)(3); and
(B) served without charge.
(2) OTHER SCHOOL CHILDREN.—In the case of an eligible
child who is participating in a program authorized under this
section at a site that is not described in paragraph (1), for the
purposes of this section, the national average payment rate for
supplements shall be equal to those established under section
17(c)(3) (as adjusted pursuant to section 11(a)(3)).
(d) CONTENTS OF SUPPLEMENTS.—The requirements that apply
to the content of meal supplements served under child care food
programs operated with assistance under this Act shall apply to
the content of meal supplements served under programs operated
with assistance under this section.
øSEC. 17B. 17 ø42 U.S.C. 1766b¿ HOMELESS CHILDREN NUTRITION PROGRAM.¿
PILOT PROJECTS
SEC. 18. ø42 U.S.C. 1769¿ø(a)¿ 18¿
(b)(1) Upon request to the Secretary, any school district that on
January 1, 1987, was receiving all cash payments or all commodity
letters of credit in lieu of entitlement commodities for its school
lunch program shall receive all cash payments or all commodity
letters of credit in lieu of entitlement commodities for its school
lunch program beginning July 1, 1987. The Secretary, directly or
through contract, shall administer the project under this subsection.
(2) Any school district that elects under paragraph (1) to receive all cash payments or all commodity letters of credit in lieu
of entitlement commodities for its school lunch program shall receive bonus commodities in the same manner as if such school district was receiving all entitlement commodities for its school lunch
program.
(c)(1) The Secretary may conduct pilot projects to test alternative counting and claiming procedures.
(2) Each pilot program carried out under this subsection shall
be evaluated by the Secretary after it has been in operation for 3
years.
ø(d) 19 ¿
ø(e) 20 ¿
ø(f) 21 ¿
(g) ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.—
17 Effective July 1, 1999, section 107(j)(2)(C)(i) of P.L. 105–336, 112 Stat. 3153, Oct. 31, 1998,
repealed section 17B.
18 Subsec. (a) struck by sec. 441(a)(9) of P.L. 111–296, 124 Stat. 3264, Dec. 13, 2010.
19 Subsec. (d) struck by sec. 441(a)(11) of P.L. 111–296, 124 Stat. 3264, Dec. 13, 2010.
20 Subsec. (e) struck by sec. 441(a)(12) of P.L. 111–296, 124 Stat. XXX, Dec. 13, 2010.
21 Subsec. (f) struck by sec. 441(a)(13) of P.L. 111–296, 124 Stat. 3264, Dec. 13, 2010.
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| File Type | application/pdf |
| File Modified | 2022-02-17 |
| File Created | 2022-02-16 |