untitled

Status: Original and derived artifacts are available for this document.

Download: pdf

Attachment 2- Sections 6, 14, and 17 of the National School Lunch

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
Sec. 6

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

6

(B) use the funds, in connection with the program, to
disseminate and use nutrition messages and material developed by the Secretary.
(e) DOCUMENTATION.—A State agency, school food authority,
and institution receiving funds under this section shall maintain
documentation of nutrition promotion activities conducted under
this section.
(f) REALLOCATION.—The Secretary may reallocate, to carry out
this section, any amounts made available to carry out this section
that are not obligated or expended, as determined by the Secretary.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section, to remain available until expended.
DIRECT FEDERAL EXPENDITURES

SEC. 6. ø42 U.S.C. 1755¿ (a) The funds provided by appropriation or transfer from other accounts for any fiscal year for carrying
out the provisions of this Act, and for carrying out the provisions
of the Child Nutrition Act of 1966 ø(42 U.S.C. 1771 et seq.)¿, other
than section 3 thereof ø(42 U.S.C. 1772)¿, less
(1) not to exceed 31⁄2 per centum thereof which per centum
is hereby made available to the Secretary for the Secretary’s
administrative expenses under this Act and under the Child
Nutrition Act of 1966;
(2) the amount apportioned by the Secretary pursuant to
section 4 of this Act and the amount appropriated pursuant to
sections 11 and 13 of this Act and sections 4 and 7 of the Child
Nutrition Act of 1966 ø(42 U.S.C. 1773 and 1776)¿; and
(3) not to exceed 1 per centum of the funds provided for
carrying out the programs under this Act and the programs
under the Child Nutrition Act of 1966, other than section 3,
which per centum is hereby made available to the Secretary to
supplement the nutritional benefits of these programs through
grants to States and other means for nutritional training and
education for workers, cooperators, and participants in these
programs, for pilot projects and the cash-in-lieu of commodities
study required to be carried out under section 18 of this Act,
and for necessary surveys and studies of requirements for food
service programs in furtherance of the purposes expressed in
section 2 of this Act and section 2 of the Child Nutrition Act
of 1966 ø(ø(42 U.S.C. 1773 and 1776)¿,
shall be available to the Secretary during such year for direct expenditure by the Secretary for agricultural commodities and other
foods to be distributed among the States and schools and service
institutions participating in the food service programs under this
Act and under the Child Nutrition Act of 1966 in accordance with
the needs as determined by the local school and service institution
authorities. Except as provided in the next 2 sentences, any school
participating in food service programs under this Act may refuse
to accept delivery of not more than 20 percent of the total value
of agricultural commodities and other foods tendered to it in any
school year; and if a school so refuses, that school may receive, in
lieu of the refused commodities, other commodities to the extent
that other commodities are available to the State during that year.
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00006

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
7

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 6

Any school food authority may refuse some or all of the fresh fruits
and vegetables offered to the school food authority in any school
year and shall receive, in lieu of the offered fruits and vegetables,
other more desirable fresh fruits and vegetables that are at least
equal in value to the fresh fruits and vegetables refused by the
school food authority. The value of any fresh fruits and vegetables
refused by a school under the preceding sentence for a school year
shall not be used to determine the 20 percent of the total value of
agricultural commodities and other foods tendered to the school
food authority in the school year under the second sentence. The
provisions of law contained in the proviso of the Act of June 28,
1937 ø; 15 U.S.C. 713c¿, facilitating operations with respect to the
purchase and disposition of surplus agricultural commodities under
section 32 of the Act approved August 24, 1935, ø; 7 U.S.C. 612c¿
shall, to the extent not inconsistent with the provisions of this Act,
also be applicable to expenditures of funds by the Secretary under
this Act. In making purchases of such agricultural commodities and
other foods, the Secretary shall not issue specifications which restrict participation of local producers unless such specifications will
result in significant advantages to the food service programs authorized by this Act and the Child Nutrition Act of 1966.
(b) The Secretary shall deliver, to each State participating in
the school lunch program under this Act, commodities valued at
the total level of assistance authorized under subsection (c) for each
school year for the school lunch program in the State, not later
than September 30 of the following school year.
(c)(1)(A) The national average value of donated foods, or cash
payments in lieu thereof, shall be 11 cents, adjusted on July 1,
1982, and each July 1 thereafter to reflect changes in the Price
Index for Food Used in Schools and Institutions. The Index shall
be computed using 5 major food components in the Bureau of Labor
Statistics’ Producer Price Index (cereal and bakery products, meats,
poultry and fish, dairy products, processed fruits and vegetables,
and fats and oils). Each component shall be weighed using the
same relative weight as determined by the Bureau of Labor Statistics.
(B) The value of food assistance for each meal shall be adjusted
each July 1 by the annual percentage change in a 3-month average
value of the Price Index for Foods Used in Schools and Institutions
for March, April, and May each year. Such adjustment shall be
computed to the nearest 1⁄4 cent.
(C) For each school year, the total commodity assistance or
cash in lieu thereof available to a State for the school lunch program shall be calculated by multiplying the number of lunches
served in the preceding school year by the rate established by subparagraph (B). After the end of each school year, the Secretary
shall reconcile the number of lunches served by schools in each
State with the number of lunches served by schools in each State
during the preceding school year and increase or reduce subsequent
commodity assistance or cash in lieu thereof provided to each State
based on such reconciliation.
(D) Among those commodities delivered under this section, the
Secretary shall give special emphasis to high protein foods, meat,
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00007

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
Sec. 6

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

8

and meat alternates (which may include domestic seafood commodities and their products).
(E) Notwithstanding any other provision of this section, not
less than 75 percent of the assistance provided under this subsection shall be in the form of donated foods for the school lunch
program.
(2) To the maximum extent feasible, each State agency shall
offer to each school food authority under its jurisdiction that participates in the school lunch program and receives commodities, agricultural commodities and their products, the per meal value of
which is not less than the national average value of donated foods
established under paragraph (1). Each such offer shall include the
full range of such commodities and products that are available
from the Secretary to the extent that quantities requested are sufficient to allow efficient delivery to and within the State.
(d) Beginning with the school year ending June 30, 1981, the
Secretary shall not offer commodity assistance based upon the
number of breakfasts served to children under section 4 of the
Child Nutrition Act of 1966 ø(42 U.S.C. 1773)¿.
(e)(1) Subject to paragraph (2), in each school year the Secretary shall ensure that not less than 12 percent of the assistance
provided under section 4, this section, and section 11 shall be in
the form of—
(A) commodity assistance provided under this section, including cash in lieu of commodities and administrative costs
for procurement of commodities under this section; or
(B) during the period beginning October 1, 2003, and ending September 30, 2018, commodities provided by the Secretary under any provision of law.
(2) If amounts available to carry out the requirements of the
sections described in paragraph (1) are insufficient to meet the requirement contained in paragraph (1) for a school year, the Secretary shall, to the extent necessary, use the authority provided
under section 14(a) to meet the requirement for the school year.
(f) PILOT PROJECT FOR PROCUREMENT OF UNPROCESSED FRUITS
AND VEGETABLES.—
(1) IN GENERAL.—The Secretary shall conduct a pilot
project under which the Secretary shall facilitate the procurement of unprocessed fruits and vegetables in not more than 8
States receiving funds under this Act.
(2) PURPOSE.—The purpose of the pilot project required by
this subsection is to provide selected States flexibility for the
procurement of unprocessed fruits and vegetables by permitting each State—
(A) to utilize multiple suppliers and products established and qualified by the Secretary; and
(B) to allow geographic preference, if desired, in the
procurement of the products under the pilot project.
(3) SELECTION AND PARTICIPATION.—
(A) IN GENERAL.—The Secretary shall select States for
participation in the pilot project in accordance with criteria
established by the Secretary and terms and conditions established for participation.
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00008

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
9

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 7

(B) REQUIREMENT.—The Secretary shall ensure that at
least 1 project is located in a State in each of—
(i) the Pacific Northwest Region;
(ii) the Northeast Region;
(iii) the Western Region;
(iv) the Midwest Region; and
(v) the Southern Region.
(4) PRIORITY.—In selecting States for participation in the
pilot project, the Secretary shall prioritize applications based
on—
(A) the quantity and variety of growers of local fruits
and vegetables in the States on a per capita basis;
(B) the demonstrated commitment of the States to
farm-to-school efforts, as evidenced by prior efforts to increase and promote farm-to-school programs in the States;
and
(C) whether the States contain a sufficient quantity of
local educational agencies, various population sizes, and
geographical locations.
(5) RECORDKEEPING AND REPORTING REQUIREMENTS.—
(A) RECORDKEEPING REQUIREMENT.—States selected to
participate in the pilot project, and participating school
food authorities within those States, shall keep records of
the fruits and vegetables received under the pilot project
in such manner and form as requested by the Secretary.
(B) REPORTING REQUIREMENT.—Each participating
State shall submit to the Secretary a report on the success
of the pilot project in the State, including information on—
(i) the quantity and cost of each type of fruit and
vegetable received by the State under the pilot project;
and
(ii) the benefit provided by those procurements in
conducting school food service in the State, including
meeting school meal requirements.
PAYMENTS TO STATES

SEC. 7. ø42 U.S.C. 1756¿ (a)(1) Funds appropriated to carry
out section 4 of this Act during any fiscal year shall be available
for payment to the States for disbursement by State educational
agencies in accordance with such agreements, not inconsistent with
the provisions of this Act, as may be entered into by the Secretary
and such State educational agencies for the purpose of assisting
schools within the States in obtaining agricultural commodities and
other foods for consumption by children in furtherance of the school
lunch program authorized under this Act. For any school year, such
payments shall be made to a State only if, during such school year,
the amount of the State revenues (excluding State revenues derived from the operation of the program) appropriated or used specifically for program purposes (other than any State revenues expended for salaries and administrative expenses of the program at
the State level) is not less than 30 percent of the funds made available to such State under section 4 of this Act for the school year
beginning July 1, 1980.
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00009

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
73

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 14

(r) For the period beginning October 1, 1977, and ending September 30, 2015, there are hereby authorized to be appropriated
such sums as are necessary to carry out the purposes of this section.
ø TEMPORARY EMERGENCY ASSISTANCE TO PROVIDE
NUTRITIOUS MEALS TO NEEDY CHILDREN IN SCHOOLS ¿
øSEC. 13A. 11 ø42 U.S.C. 1762¿¿
COMMODITY DISTRIBUTION PROGRAM

SEC. 14. ø42 U.S.C. 1762a¿ (a) Notwithstanding any other provision of law, the Secretary shall—
(1) use funds available to carry out the provisions of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) which are
not expended or needed to carry out such provisions, to purchase (without regard to the provisions of existing law governing the expenditure of public funds) agricultural commodities and their products of the types customarily purchased
under such section (which may include domestic seafood commodities and their products), for donation to maintain the annually programmed level of assistance for programs carried on
under this Act, the Child Nutrition Act of 1966 ø(42 U.S.C.
1771 et seq.)¿, and title III of the Older Americans Act of 1965
ø(42 U.S.C. 3021 et seq.)¿; and
(2) if stocks of the Commodity Credit Corporation are not
available, use the funds of such Corporation to purchase agricultural commodities and their products of the types customarily available under section 416 of the Agricultural Act of
1949 (7 U.S.C. 1431), for such donation.
(b)(1) The Secretary shall maintain and continue to improve
the overall nutritional quality of entitlement commodities provided
to schools to assist the schools in improving the nutritional content
of meals.
(2) The Secretary shall—
(A) require that nutritional content information labels be
placed on packages or shipments of entitlement commodities
provided to the schools; or
(B) otherwise provide nutritional content information regarding the commodities provided to the schools.
(c) The Secretary may use funds appropriated from the general
fund of the Treasury to purchase agricultural commodities and
their products of the types customarily purchased for donation
under section 311(a)(4) of the Older Americans Act of 1965 (42
U.S.C. 3030(a)(4)) or for cash payments in lieu of such donations
under section 311(b)(1) of such Act (42 U.S.C. 3030(b)(1)). 12 There
are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection.
(d) In providing assistance under this Act and the Child Nutrition Act of 1966 ø(42 U.S.C. 1771 et seq.)¿ for school lunch and
breakfast programs, the Secretary shall establish procedures which
will—
11 This section repealed by section 308 of P.L. 101–147, 103 Stat. 915, Nov. 10, 1989.
12 Citation to 42 U.S.C. 3030(b)(1) probably should be to 42 U.S.C. 3030a(b)(1).

June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00073

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
Sec. 14

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

74

(1) ensure that the views of local school districts and private nonprofit schools with respect to the type of commodity
assistance needed in schools are fully and accurately reflected
in reports to the Secretary by the State with respect to State
commodity preferences and that such views are considered by
the Secretary in the purchase and distribution of commodities
and by the States in the allocation of such commodities among
schools within the States;
(2) solicit the views of States with respect to the acceptability of commodities;
(3) ensure that the timing of commodity deliveries to
States is consistent with State school year calendars and that
such deliveries occur with sufficient advance notice;
(4) provide for systematic review of the costs and benefits
of providing commodities of the kind and quantity that are
suitable to the needs of local school districts and private nonprofit schools; and
(5) make available technical assistance on the use of commodities available under this Act and the Child Nutrition Act
of 1966.
(e) Each State agency that receives food assistance payments
under this section for any school year shall consult with representatives of schools in the State that participate in the school lunch
program with respect to the needs of such schools relating to the
manner of selection and distribution of commodity assistance for
such program.
(f) Commodity only schools shall be eligible to receive donated
commodities equal in value to the sum of the national average
value of donated foods established under section 6(c) of this Act
and the national average payment established under section 4 of
this Act. Such schools shall be eligible to receive up to 5 cents per
meal of such value in cash for processing and handling expenses
related to the use of such commodities. Lunches served in such
schools shall consist of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under
section 9(a) of this Act, and shall represent the four basic food
groups, including a serving of fluid milk.
(g)(1) As used in this subsection, the term ‘‘eligible school district’’ has the same meaning given such term in section 1581(a) of
the Food Security Act of 1985.
(2) In accordance with the terms and conditions of section 1581
of such Act, the Secretary shall permit an eligible school district to
continue to receive assistance in the form of cash or commodity letters of credit assistance, in lieu of commodities, to carry out the
school lunch program operated in the district.
(h) NOTICE OF IRRADIATED FOOD PRODUCTS.—
(1) IN GENERAL.—The Secretary shall develop a policy and
establish procedures for the purchase and distribution of irradiated food products in school meals programs under this Act
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(2) MINIMUM REQUIREMENTS.—The policy and procedures
shall ensure, at a minimum, that—
(A) irradiated food products are made available only at
the request of States and school food authorities;
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00074

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
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.

June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00075

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
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—
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00076

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
77

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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00077

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
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 suppleJune 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00078

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
79

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.

June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00079

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
Sec. 17

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

80

(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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00080

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
81

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 17

(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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00081

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
Sec. 17

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

82

(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
for the dissemination to State agencies and sponsoring organiJune 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00082

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
83

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 17

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;
(bb) provide the State agency and the institution the right to submit written docuJune 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00083

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
Sec. 17

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00084

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
85

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)
served in such institution in that fiscal year by the applicable naJune 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00085

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
Sec. 17

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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00086

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
87

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

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
day care home shall be provided reimburseJune 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00087

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00088

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
89

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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00089

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00090

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
91

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.
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00091

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
Sec. 17

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

92

(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

June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00092

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
93

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 17

(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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00093

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
Sec. 17

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—
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00094

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
95

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.—
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00095

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00096

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
97

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.
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00097

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
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.

June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00098

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
99

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—

June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00099

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
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’’.

June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00100

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
101

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 17

(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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00101

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC

G:\COMP\FNS\RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.XML
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
June 3, 2019

VerDate Nov 24 2008

11:15 Jun 03, 2019

As Amended Through P.L. 116-6, Enacted February 15, 2019

Jkt 000000

PO 00000

Frm 00102

Fmt 9001

Sfmt 9001

G:\COMP\FNS\RBRNSLA.BEL

HOLCPC