Healthy Meals, Healthy Kids Act
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This is House Report 117-548 of the 117th Congress, 2d Session, titled Healthy Meals, Healthy Kids Act, from the Committee on Education and Labor, together with minority views, committed to the Committee of the Whole House on the State of the Union and ordered to be printed November 7, 2022. Mr. Scott of Virginia reports on H.R. 8450, to reauthorize child nutrition programs, which the Committee reports favorably with an amendment and recommends that the bill as amended do pass. The amendment text includes titles on expanding access to school meals, the long-term viability of school meal programs, modernizing the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and modernizing the Child and Adult Care Food Program.
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“Healthy Meals, Healthy Kids Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt548-crpt-117hrpt548/
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1
117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–548
HEALTHY MEALS, HEALTHY KIDS ACT
R E P O R T
OF THE
COMMITTEE ON EDUCATION AND LABOR
TO ACCOMPANY
H.R. 8450
together with
MINORITY VIEWS
NOVEMBER 7, 2022.—Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
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HEALTHY MEALS, HEALTHY KIDS ACT
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1
117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–548
HEALTHY MEALS, HEALTHY KIDS ACT
R E P O R T
OF THE
COMMITTEE ON EDUCATION AND LABOR
TO ACCOMPANY
H.R. 8450
together with
MINORITY VIEWS
NOVEMBER 7, 2022.—Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
U.S. GOVERNMENT PUBLISHING OFFICE
49–434 WASHINGTON : 2022
E:\Seals\Congress.#13
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–548
HEALTHY MEALS, HEALTHY KIDS ACT
NOVEMBER 7, 2022.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. SCOTT of Virginia, from the Committee on Education and
Labor, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 8450]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 8450) to reauthorize child nutrition programs, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary ............................................................................................ 51
Committee Action .................................................................................................... 51
Committee Views ..................................................................................................... 55
Section-by-Section Analysis .................................................................................... 79
Explanation of Amendments ................................................................................... 89
Application of Law to the Legislative Branch ....................................................... 89
Unfunded Mandate Statement ............................................................................... 90
Earmark Statement ................................................................................................. 90
Roll Call Votes ......................................................................................................... 90
Statement of Performance Goals and Objectives .................................................. 95
Duplication of Federal Programs ............................................................................ 95
Hearings ................................................................................................................... 95
Statement of Oversight Findings and Recommendations of the Committee ...... 96
New Budget Authority and CBO Cost Estimate ................................................... 96
Committee Cost Estimate ....................................................................................... 96
Changes in Existing Law Made by the Bill, as Reported ..................................... 96
Minority Views ......................................................................................................... 386
The amendment is as follows:
Strike all after the enacting clause and insert the following:
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Healthy Meals, Healthy Kids
Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I—EXPANDING ACCESS TO SCHOOL MEALS
Sec. 101. Emergency waivers or modifications.
Sec. 102. Direct certification for children receiving Medicaid benefits.
Sec. 103. Expanding community eligibility.
TITLE II—ENSURING THE LONG-TERM VIABILITY OF SCHOOL MEAL PROGRAMS
Subtitle A—Programs Under the Richard B. Russell National School Lunch Act
Sec. 201. Increasing reimbursement rate of school meals.
Sec. 202. Statewide technology solutions included as State administrative costs.
Sec. 203. Annual reimbursement rate and commodity improvements.
Sec. 204. Food service management.
Sec. 205. Kitchen improvement and personnel training.
Sec. 206. Statewide online household applications.
Subtitle B—Programs Under the Child Nutrition Act of 1966
Sec. 211. Professional development and training.
Sec. 212. Technology and infrastructure improvement.
Sec. 213. State administrative expenses.
TITLE III—MODERNIZING THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN,
INFANTS, AND CHILDREN (WIC)
Sec. 301. Adjunctive eligibility.
Sec. 302. WIC eligibility and certification periods.
Sec. 303. Certification and recertification determinations and nutritional risk evaluations.
Sec. 304. Paperwork reduction.
Sec. 305. Nutrition education materials related to food allergies.
Sec. 306. Breastfeeding supply coverage.
Sec. 307. Water benefits during disasters.
Sec. 308. Infant formula procurement online source of information.
Sec. 309. Breastfeeding peer counselor program.
Sec. 310. Product pricing.
Sec. 311. WIC A50 stores.
Sec. 312. WIC EBT Modernization.
Sec. 313. Spend forward authorities.
Sec. 314. Administrative simplification.
Sec. 315. Authorization of appropriations.
Sec. 316. WIC farmers’ market nutrition program.
Sec. 317. Supporting Healthy Mothers and Infants.
TITLE IV—MODERNIZING THE CHILD AND ADULT CARE FOOD PROGRAM
Sec. 401. Eligibility certification criteria for proprietary child care centers.
Sec. 402. Automatic eligibility for children in supplemental nutrition assistance households.
Sec. 403. Review of serious deficiency process.
Sec. 404. Authorization of reimbursements for additional meal or snack.
Sec. 405. Adjustments.
Sec. 406. Age limits in homeless shelters and emergency shelters.
Sec. 407. Advisory committee on paperwork reduction.
TITLE V—ADDRESSING CHILD FOOD INSECURITY DURING THE SUMMER
Sec. 501. Summer food service program for children.
Sec. 502. Summer electronic benefits transfer for children program.
TITLE VI—IMPROVING CAPACITY AND PROMOTING SUSTAINABILITY
Sec. 601. Values-aligned procurement.
Sec. 602. Procurement training.
Sec. 603. Buy American.
Sec. 604. Plant-based foods in schools.
Sec. 605. Food waste and nutrition education.
Sec. 606. Farm to school grant program.
TITLE VII—SUPPORTING TRIBES AND FREELY ASSOCIATED STATES
Sec. 701. Tribally operated meal and snack pilot project.
Sec. 702. Island areas eligibility feasibility study under the Richard B. Russell National School Lunch Act.
TITLE VIII—ADDRESSING LUNCH SHAMING AND UNPAID MEAL DEBT
Sec. 801. Unpaid meal debt.
Sec. 802. National advisory council on unpaid meal debt in child nutrition programs.
TITLE IX—STRENGTHENING EVIDENCE-BASED NUTRITION STANDARDS
Sec. 901. Updating nutrition standards for meal patterns.
Sec. 902. Non-nutritive sweeteners, synthetic dyes, and other potentially harmful substances in school meals.
TITLE X—OTHER MATTERS
Subtitle A—Programs Under the Richard B. Russell National School Lunch Act
Sec. 1001. Accommodating dietary requirements.
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Sec. 1002. Data protections for household applications.
Sec. 1003. Eating disorder prevention.
Sec. 1004. Compliance and accountability.
Sec. 1005. National hunger hotline and clearinghouse.
Sec. 1006. Ensuring adequate meal time.
Subtitle B—Programs Under the Child Nutrition Act of 1966
Sec. 1011. Enhancing nutrition education.
Subtitle C—Improving Food Donations
Sec. 1021. Food donation in schools.
Sec. 1022. Bill Emerson Good Samaritan Food Donation Act.
Sec. 1023. Regulations.
Subtitle D—Miscellaneous
Sec. 1031. Technical Amendments.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ‘‘Secretary’’ means the Secretary of Agriculture.
TITLE I—EXPANDING ACCESS TO SCHOOL
MEALS
SEC. 101. EMERGENCY WAIVERS OR MODIFICATIONS.
Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760)
is amended—
(1) by inserting the following after subsection (j):
‘‘(k) EMERGENCY WAIVERS OR MODIFICATIONS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (4), during an emergency
period, the Secretary may waive (including by modifying) any requirement
under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or
any regulation issued under either such Act, for States or eligible service pro-
viders on a multi-State, State, or eligible service provider basis if—
‘‘(A) the requirement cannot reasonably be implemented under the condi-
tions which prompted the emergency period in the affected area;
‘‘(B) a State or eligible service provider requests a waiver in a format pre-
scribed by the Secretary;
‘‘(C) in the case of a request by an eligible service provider under sub-
paragraph (B), the State in which such eligible service provider is located
includes a statement of support or opposition with respect to the request;
and
‘‘(D) the Secretary determines that the waiver would—
‘‘(i) facilitate the ability of such States or eligible service providers to
carry out the purpose of such Acts; and
‘‘(ii) not decrease access to, or eligibility for, any program under such
Acts.
‘‘(2) NATIONWIDE, REGIONAL, AND STATE-WIDE BASIS.—Except as provided in
paragraph (3), during an emergency period, the Secretary may waive (including
by modifying) any requirement under this Act or the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.), or any regulation issued under either such Act,
on a nationwide, regional, or State-wide basis if the Secretary determines that
the waiver would facilitate the ability of States or eligible service providers to
carry out the purpose of such Acts.
‘‘(3) DURATION.—A waiver established under this subsection may be available
for a period of not greater than the emergency period and the 90 days after the
end of the emergency period.
‘‘(4) LIMITATIONS.—A waiver under this subsection is subject to the limitations
in subsection (l)(4).
‘‘(5) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE SERVICE PROVIDER.—The term ‘eligible service provider’ has
the meaning given the term in subsection (l).
‘‘(B) EMERGENCY PERIOD.—The term ‘emergency period’ means a period
during which there exists—
‘‘(i) a major disaster declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170);
‘‘(ii) an emergency declared by the President under section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5191);
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‘‘(iii) a public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health Service Act
(42 U.S.C. 247d); or
‘‘(iv) any renewal of such a public health emergency pursuant to such
section 319.’’; and
(2) in subsection (l)—
(A) in paragraph (1)(A)—
(i) by striking ‘‘Except as’’ and all that follows through ‘‘requests a
waiver’’ and inserting ‘‘Except as provided in paragraph (4), the Sec-
retary may waive (including by modifying) any requirement under this
Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or any
regulation issued under either such Act, on a nationwide, State, multi-
State, or eligible service provider basis’’;
(ii) by redesignating clauses (i) through (iii) as clauses (ii) through
(iv), respectively; and
(iii) by inserting before clause (ii), as so redesignated, the following
new clause (i):
‘‘(i) a State or eligible service provider requests the waiver;’’;
(B) by striking paragraph (2)(B) and inserting the following:
‘‘(B) An application described in subparagraph (A) shall—
‘‘(i) be submitted in a format prescribed by the Secretary;
‘‘(ii) be completed by the State or eligible service provider;
‘‘(iii) be submitted to the Secretary by—
‘‘(I) the State; or
‘‘(II) an eligible service provider through the State; and
‘‘(iv) if submitted as described in clause (iii)(II), include a statement of sup-
port or opposition from the State.’’;
(C) in paragraph (4)(A), by striking ‘‘content of meals served’’ and insert-
ing ‘‘standards’’; and
(D) in paragraph (7), by striking subparagraphs (A) through (C) and in-
serting the following:
‘‘(A) a local school food service authority, local educational agency, or school;
‘‘(B) a service institution or private nonprofit organization described in section
13; or
‘‘(C) institutions described in section 17.’’.
SEC. 102. DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID BENEFITS.
Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b))
is amended—
(1) in subsection (b)—
(A) by amending paragraph (5) to read as follows:
‘‘(5) DISCRETIONARY CERTIFICATION.—
‘‘(A) FREE LUNCHES OR BREAKFASTS.—Subject to paragraph (6), any local
educational agency may certify any child as eligible for free lunches or
breakfasts, without further application, by directly communicating with the
appropriate State or local agency to obtain documentation of the status of
the child as—
‘‘(i) a member of a family that is receiving assistance under the tem-
porary assistance for needy families program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.);
‘‘(ii) a homeless child or youth (defined as 1 of the individuals de-
scribed in section 725(2) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a(2));
‘‘(iii) served by the runaway and homeless youth grant program es-
tablished under the Runaway and Homeless Youth Act (42 U.S.C. 5701
et seq.);
‘‘(iv) a migratory child (as defined in section 1309 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6399));
‘‘(v) an eligible child (as defined in paragraph (15)(A)); or
‘‘(vi)(I) a foster child whose care and placement is the responsibility
of an agency that administers a State plan under part B or E of title
IV of the Social Security Act (42 U.S.C. 621 et seq.); or
‘‘(II) a foster child who a court has placed with a caretaker household.
‘‘(B) REDUCED PRICE LUNCHES OR BREAKFASTS.—Subject to paragraph (6),
any local educational agency may certify any child who is not eligible for
free lunches or breakfasts as eligible for reduced price lunches or break-
fasts, without further application, by directly communicating with the ap-
propriate State or local agency to obtain documentation of the status of the
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child as a child eligible for reduced price meals (as defined in paragraph
(15)(A)).’’;
(B) in paragraph (6)(A), by striking ‘‘or (5)’’ both places it appears and in-
serting ‘‘(5), or (15)’’; and
(C) in paragraph (15)—
(i) in subparagraph (A)—
(I) by amending clause (i) to read as follows:
‘‘(i) ELIGIBLE CHILD.—The term ‘eligible child’ means a child—
‘‘(I)(aa) who is eligible for and receiving medical assistance under
the Medicaid program; and
‘‘(bb) who is a member of a family with an income as measured
by the Medicaid program that does not exceed 133 percent of the
poverty line (as determined under the poverty guidelines updated
periodically in the Federal Register by the Department of Health
and Human Services under the authority of section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2), including
any revision required by such section)) applicable to a family of the
size used for purposes of determining eligibility for the Medicaid
program;
‘‘(II) who is eligible for the Medicaid program because such child
receives supplemental security income benefits under title XVI of
the Social Security Act (42 U.S.C. 1381–1385) or State supple-
mentary benefits of the type referred to in section 1616(a) of such
Act (or payments of the type described in section 212(a) of Public
Law 93–66);
‘‘(III) who is eligible for the Medicaid program because such child
receives an adoption assistance payment made under section 473(a)
of the Social Security Act (42 U.S.C. 673(a)) or under a similar
State-funded or State-operated program, as determined by the Sec-
retary;
‘‘(IV) who is eligible for the Medicaid program because such child
receives a kinship guardianship assistance payment made under
section 473(d) of the Social Security Act (42 U.S.C. 673(d)) or under
a similar State-funded or State-operated program, as determined
by the Secretary, without regard to whether such child was pre-
viously in foster care; or
‘‘(V) who is a member of a household (as that term is defined in
section 245.2 of title 7, Code of Federal Regulations (or successor
regulations)) with a child described in subclause (I), (II), (III), or
(IV).’’; and
(II) by adding at the end the following:
‘‘(iii) CHILD ELIGIBLE FOR REDUCED PRICE MEALS.—The term ‘child eli-
gible for reduced price meals’ means a child—
‘‘(I)(aa) who is eligible for and receiving medical assistance under
the Medicaid program; and
‘‘(bb) who is a member of a family with an income as measured
by the Medicaid program that is greater than 133 percent but does
not exceed 185 percent of the poverty line (as determined under the
poverty guidelines updated periodically in the Federal Register by
the Department of Health and Human Services under the author-
ity of section 673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2), including any revision required by such sec-
tion)) applicable to a family of the size used for purposes of deter-
mining eligibility for the Medicaid program; or
‘‘(II) who is a member of a household (as that term is defined in
section 245.2 of title 7, Code of Federal Regulations (or successor
regulations)) with a child described in subclause (I).’’;
(ii) by striking subparagraphs (B), (C), (D), (E), (G), and (H);
(iii) in subparagraph (F)—
(I) in the enumerator, by striking ‘‘(F)’’ and inserting ‘‘(D)’’; and
(II) by striking ‘‘conducting the demonstration project under this
paragraph’’ and inserting ‘‘carrying out this paragraph’’; and
(iv) by inserting after subparagraph (A) the following:
‘‘(B) AGREEMENTS TO CARRY OUT CERTIFICATION.—To certify a child under
subparagraph (A)(v) or (B) of paragraph (5), a State agency shall enter into
an agreement with 1 or more State agencies conducting eligibility deter-
minations for the Medicaid program.
‘‘(C) PROCEDURES.—Subject to paragraph (6), an agreement under sub-
paragraph (B) shall establish procedures under which—
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‘‘(i) an eligible child may be certified for free lunches under this Act
and free breakfasts under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773), without further application (as defined in paragraph
(4)(G)); and
‘‘(ii) a child eligible for reduced price meals may be certified for re-
duced price lunches under this Act and reduced price breakfasts under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), without
further application (as defined in paragraph (4)(G)).’’;
(2) by amending subparagraph (E) of subsection (b)(4) to read as follows:
‘‘(E) PERFORMANCE IMPROVEMENT GRANTS.—
‘‘(i) IN GENERAL.—For each school year beginning after July 1, 2023,
the Secretary shall offer performance improvement grants and tech-
nical assistance to State agencies or Tribal organizations (as defined in
section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)) to increase the percentage of children eligible for
direct certification under this paragraph or paragraph (5) who are cer-
tified in accordance with this paragraph or paragraph (5).
‘‘(ii) REQUIREMENTS.—For each school year described in clause (i), the
Secretary shall—
‘‘(I) consider State data from the prior school year, including esti-
mates contained in the report required under section 4301 of the
Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a);
‘‘(II) make performance improvement grants to States and Tribal
organizations to increase the percentage of children eligible for di-
rect certification under this paragraph or paragraph (5) who are
certified in accordance with this paragraph or paragraph (5); and
‘‘(III) provide technical assistance to the recipients of grants
under this subparagraph, and other eligible entities, as appro-
priate, in improving the rates of direct certification.
‘‘(iii) USE OF FUNDS.—An eligible entity that receives a grant under
clause (i) shall use the grant funds to pay costs relating to improving
the rate of direct certification in the State or Indian Tribe, as applica-
ble, including the cost of—
‘‘(I) improving technology relating to direct certification;
‘‘(II) providing technical assistance to local educational agencies;
‘‘(III) implementing or improving a direct certification system or
process in the State (including at local educational agencies in the
State) or Indian Tribe, including the cost of equipment;
‘‘(IV) establishing or improving the rate of direct certification of
children that are members of households receiving assistance
under the food distribution program on Indian reservations under
section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b)); and
‘‘(V) coordinating with multiple public benefits programs to in-
crease the rate of direct certification, including by conducting feasi-
bility studies and demonstration projects under section 18(c) of this
Act.
‘‘(iv) FUNDING.—On October 1, 2022, and each subsequent October 1,
out of any funds in the Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the Secretary—
‘‘(I) $15,000,000 to carry out clause (ii)(II); and
‘‘(II) $500,000 to carry out clause (ii)(III).’’; and
(3) in subsection (d)(2)(G), by inserting ‘‘or child eligible for reduced price
meals’’ after ‘‘eligible child’’.
SEC. 103. EXPANDING COMMUNITY ELIGIBILITY.
(a) MULTIPLIER AND THRESHOLD ADJUSTED.—
(1) MULTIPLIER.—Clause (vii) of section 11(a)(1)(F) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended to read as fol-
lows:
‘‘(vii) MULTIPLIER.—For each school year beginning on or after July
1, 2023, the Secretary shall use a multiplier of 2.5.’’.
(2) THRESHOLD.—Clause (viii) of section 11(a)(1)(F) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended to read as fol-
lows:
‘‘(viii) THRESHOLD.—For each school year beginning on or after July
1, 2023, the threshold shall be not more than 25 percent.’’.
(3) APPLICABILITY.—The amendments made by this subsection shall apply to
a local educational agency with respect to a school year beginning on or after
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July 1, 2023, for which such local educational agency elects to receive special
assistance payments under subparagraph (F) of section 11(a)(1) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)).
(b) STATEWIDE COMMUNITY ELIGIBILITY.—Section 11(a)(1)(F) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended by adding
at the end the following:
‘‘(xiv) STATEWIDE COMMUNITY ELIGIBILITY.—For each school year be-
ginning on or after July 1, 2023, the Secretary shall establish an option
for States to utilize a statewide community eligibility program under
which, in the case of a State agency that agrees to provide funding
from sources other than Federal funds to ensure that local educational
agencies in the State receive the free reimbursement rate for 100 per-
cent of the meals served at applicable schools—
‘‘(I) the multiplier described in clause (vii) shall apply;
‘‘(II) the threshold described in clause (viii) shall be applied by
substituting ‘zero’ for ‘25’; and
‘‘(III) the percentage of enrolled students who were identified stu-
dents shall be calculated across all applicable schools in the State
regardless of local educational agency.’’.
TITLE II—ENSURING THE LONG-TERM
VIABILITY OF SCHOOL MEAL PROGRAMS
Subtitle A—Programs Under the Richard B.
Russell National School Lunch Act
SEC. 201. INCREASING REIMBURSEMENT RATE OF SCHOOL MEALS.
Section 4(b)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1753(b)(2)) is amended by striking ‘‘10.5 cents’’ and inserting ‘‘20.5 cents’’.
SEC. 202. STATEWIDE TECHNOLOGY SOLUTIONS INCLUDED AS STATE ADMINISTRATIVE
COSTS.
Section 4(b)(3)(F)(i) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1753(b)(3)(F)(i)) is amended by inserting ‘‘statewide technology solutions,’’
after ‘‘certification,’’.
SEC. 203. ANNUAL REIMBURSEMENT RATE AND COMMODITY IMPROVEMENTS.
(a) DIRECT FEDERAL EXPENDITURES.—Section 6 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1755(c)(1)) is amended—
(1) by amending subsection (b) to read as follows:
‘‘(b) The Secretary shall deliver, to each State participating in the school lunch
program under this Act and the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773), commodities valued at the total level
of assistance authorized under subsections (c) and (d) for each school year for the
school lunch and school breakfast programs in the State, not later than September
30 of the following school year.’’;
(2) in subsection (c), by striking ‘‘(c)’’ and all that follows through the end of
paragraph (1) and inserting the following:
‘‘(c) NATIONAL SCHOOL LUNCH COMMODITY ASSISTANCE.—
‘‘(1)(A) Not later than January 15 of each year after the date of the enactment
of the Healthy Meals, Healthy Kids Act, the Secretary shall—
‘‘(i) calculate the national average value of donated foods for school lunch, or
cash payments in lieu thereof, in accordance with subparagraph (B); and
‘‘(ii) adjust the amount calculated under clause (i) by the annual percentage
change in the 3-month average value of the Producer Price Index for Foods
Used in Schools and Institutions—
‘‘(I) for the preceding August, September, and October, computed to the
nearest 1⁄4 cent;
‘‘(II) using 5 major food components in the Producer Price Index of the
Bureau of Labor Statistics, which are—
‘‘(aa) cereal and bakery products;
‘‘(bb) meats, poultry, and fish;
‘‘(cc) dairy products;
‘‘(dd) processed fruits and vegetables; and
‘‘(ee) fats and oils; and
‘‘(III) weighing each such component using the same relative weight as
determined by the Bureau of Labor Statistics.
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‘‘(B) The national average value of donated foods, or cash payments in lieu
thereof, shall be equal to 12 percent of the quotient obtained by dividing—
‘‘(i) the total assistance provided in the preceding school year under
section 4, this section, and section 11; by
‘‘(ii) the number of lunches served in the preceding school year.
‘‘(C) Not later than January 15 of each year after the date of the enactment
of the Healthy Meals, Healthy Kids Act, the Secretary shall calculate the total
commodity assistance or cash payments in lieu thereof available to a State for
the upcoming school year by multiplying the number of lunches served in the
most recent school year for which data are available by the rate established in
subparagraph (A). The Secretary shall also annually reconcile the amount of
commodity assistance or cash payments in lieu thereof made available under
this subparagraph with the amount of assistance used by each State and in-
crease or reduce subsequent commodity assistance or cash payments in lieu
thereof based on such reconciliation.
‘‘(D) Among those commodities delivered under this section, the Secretary
shall give special emphasis to high protein foods, meat, and meat alternates
(which may include domestic seafood commodities and their products).
‘‘(E) Notwithstanding any other provision of this section, not less than 75 per-
cent of the assistance provided under this subsection shall be in the form of do-
nated foods for the school lunch program.’’.
(b) SPECIAL ASSISTANCE.—Section 11(a)(3)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended—
(1) in clause (ii)—
(A) by striking ‘‘most recent’’; and
(B) by inserting ‘‘ending on the preceding April 30’’ after ‘‘12-month pe-
riod’’; and
(2) in clause (iii), by inserting ‘‘ending on April 30’’ after ‘‘12-month period’’.
SEC. 204. FOOD SERVICE MANAGEMENT.
(a) REQUEST FOR INFORMATION.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary shall issue a request for information and data collec-
tion from State agencies and school food authorities regarding the role of food serv-
ice management companies in carrying out the programs under the Richard B. Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), including information on—
(1) participation of small, women- and minority-owned businesses as food
service management companies;
(2) food service management contract practices;
(3) trends in compensation and benefits of school food personnel and impact
of food service management contracts on such compensation and benefits; and
(4) use of funds by food service management companies to assist, promote, or
deter organizing by a labor organization, including any action to enter into con-
tracts in order to avoid, undermine, or violate any collective bargaining or a re-
quirement to meet and confer.
(b) RULEMAKING.—Not later than 1 year after the date of issuance of the request
for information described in subsection (a), the Secretary shall issue a rule regard-
ing the role of food service management companies in carrying out the programs
under the Richard B. National School Lunch Act (42 U.S.C. 1751 et seq.) and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
SEC. 205. KITCHEN IMPROVEMENT AND PERSONNEL TRAINING.
(a) SCRATCH COOKING DEFINED.—Section 12(d) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d)) is amended by—
(1) redesignating paragraphs (7) through (9) as paragraphs (8) through (10),
respectively; and
(2) by adding after paragraph (6) the following:
‘‘(7) SCRATCH COOKING.—The term ‘scratch cooking’ means the preparation of
food using ingredients that are unprocessed or minimally processed.’’.
(b) TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE PER-
SONNEL.—The Richard B. Russell National School Lunch Act is amended by insert-
ing after section 21 (42 U.S.C. 1769b–1) the following:
‘‘SEC. 21A. GRANTS TO SUPPORT SCRATCH COOKING.
‘‘(a) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of
this section, the Secretary shall establish a program to award grants, on a competi-
tive basis, to school food authorities to promote scratch cooking.
‘‘(b) APPLICATION.—To be eligible for a grant under this section, a school food au-
thority shall submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
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‘‘(c) GRANT AMOUNTS AND DURATION.—
‘‘(1) GRANT AMOUNT.—The Secretary shall award a grant of not more than
$100,000 to each school food authority with an application selected under this
subsection.
‘‘(2) GRANT PERIOD.—A grant awarded under this section shall be for a period
of not more than 2 years.
‘‘(d) GRANT USES.—A school food authority that receives a grant under this section
shall use such grant funds to promote scratch cooking, including by—
‘‘(1) offering professional development and training related to preparing, pro-
curing, advertising, serving, and creating menus of meals made with scratch
cooking;
‘‘(2) investing in software and technology systems for procurement to support
scratch cooking;
‘‘(3) compensating employees for additional food preparation required for
scratch cooking;
‘‘(4) providing technical assistance, student engagement, and education with
respect to scratch cooking, including taste tests, recipe development, and cul-
inary education; or
‘‘(5) carrying out any additional activities to promote scratch cooking that will
help school food authorities meet or exceed the nutrition standards for the
school lunch program authorized under this Act and the school breakfast pro-
gram established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
‘‘(e) PRIORITY.—In awarding grants under this section, the Secretary shall give
priority to school food authorities—
‘‘(1) that serve the greatest proportion of students eligible for free or reduced
price lunch under this Act; and
‘‘(2) that—
‘‘(A) are self-operated; or
‘‘(B) provide an assurance to the Secretary that the school food authority
will be self-operated on or before the date that is 1 year before the last day
of the grant period.
‘‘(f) TECHNICAL ASSISTANCE CENTER.—
‘‘(1) IN GENERAL.—The Secretary shall enter into an agreement with one or
more eligible third-party institutions to establish and carry out a single tech-
nical assistance and resource center to provide technical assistance for school
food service personnel.
‘‘(2) COLLABORATION REQUIREMENT.—As soon as practicable after receiving a
grant under this section, a school food authority shall collaborate with the tech-
nical assistance and resource center established under paragraph (1) to—
‘‘(A) conduct a scratch cooking needs assessment to evaluate, with respect
to such school food authority—
‘‘(i) equipment needs;
‘‘(ii) equipment utilization;
‘‘(iii) procurement processes; and
‘‘(iv) workforce capabilities; and
‘‘(B) establish a strategic plan based on such needs assessment to carry
out the activities under subsection (d).
‘‘(3) ELIGIBLE THIRD-PARTY INSTITUTIONS.—
‘‘(A) ELIGIBLE THIRD-PARTY INSTITUTION DEFINED.—For purposes of this
subsection, the term ‘eligible third-party institution’ means—
‘‘(i) a nonprofit organization with demonstrated experience in food or
nutrition services training and technical assistance;
‘‘(ii) an institution of higher education as defined in section 101 or
102(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1001;
1002(a)(1)(B));
‘‘(iii) an area career and technical education school as defined in sec-
tion 3 of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302); or
‘‘(iv) a consortium of entities described in subclauses (I) through (III).
‘‘(B) CRITERIA FOR ELIGIBLE THIRD-PARTY INSTITUTIONS.—The Secretary
shall establish specific criteria that eligible third-party training institutions
must meet to qualify to enter into an agreement under paragraph (1),
which shall include—
‘‘(i) prior successful experience in providing or engaging in training
and technical assistance programming or applied research activities in-
volving eligible entities, school food service administrators, or school
food service directors;
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‘‘(ii) prior successful experience in developing relevant educational
training tools or course materials or curricula on topics addressing
child and school nutrition or the updated nutrition standards under
section 4(b)(3); and
‘‘(iii) the ability to deliver effective and cost-efficient training and
technical assistance programming to school food service personnel—
‘‘(I) at training sites that are located within a proximate geo-
graphic distance to schools, central kitchens, or other worksites; or
‘‘(II) through an online training and assistance program on topics
that do not require in-person attendance.
‘‘(4) FUNDING.—Of the amounts made available under subsection (h) to carry
out this section, not more than 10 percent may be used to carry out this sub-
section.
‘‘(g) REPORT.—Not later than 180 days after the conclusion of the grant period de-
scribed in subsection (c)(2), each school food authority that receives a grant under
this section shall submit to the Secretary a report that includes, with respect to
such school food authority, the change at the end of the grant period, as compared
with the school year immediately preceding the beginning of the grant period, in—
‘‘(1) the percentage of whole ingredients, raw ingredients, or both, used in
school meals; and
‘‘(2) the percentage of menu items prepared with scratch cooking.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated $20,000,000 to carry out this section for each of fiscal years 2024 through
2028.’’.
(c) GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO SCHOOL LUNCH FACILITIES.—
The Richard B. Russell National School Lunch Act is amended by inserting after
section 26 (42 U.S.C. 1769g) the following:
‘‘SEC. 27. GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO SCHOOL LUNCH FACILITIES.
‘‘(a) IN GENERAL.—Beginning fiscal year 2024, the Secretary shall award grants
to State agencies to carry out the activities described in subsection (b).
‘‘(b) SUBGRANTS.—
‘‘(1) IN GENERAL.—A State agency receiving a grant under this section shall
use such grant funds to award subgrants, on a competitive basis, to school food
authorities.
‘‘(2) APPLICATION.—A school food authority seeking a subgrant under this sub-
section shall submit to the State agency an application at such time, in such
manner, and containing such information as the State agency may require.
‘‘(3) PRIORITY.—In awarding a subgrant under this subsection, the State agen-
cy shall give priority to a school food authority that serves, as determined by
the State agency, schools with substantial or disproportionate—
‘‘(A) need for infrastructure improvement; or
‘‘(B) durable equipment need or impairment.
‘‘(4) SUBGRANT USES.—A school food authority receiving a subgrant under this
subsection shall use such subgrant funds to support the establishment, mainte-
nance, and expansion of the school lunch program under this Act and the school
breakfast program established by section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773) at schools served by the school food authority, including by—
‘‘(A) purchasing equipment, including software and technology systems,
needed to serve healthy meals, improve food safety, promote scratch cook-
ing, facilitate the use of salad bars; or
‘‘(B) improving or adapting equipment needed to serve healthy meals, in-
cluding by retrofitting such equipment.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated $35,000,000 for
each of fiscal years 2024 through 2028 to carry out this section.
‘‘(2) TECHNICAL ASSISTANCE.—The Secretary may use not more than 5 percent
of the amounts made available to carry out this section for each fiscal year to
provide technical assistance to applicants and prospective applicants in pre-
paring applications.’’.
SEC. 206. STATEWIDE ONLINE HOUSEHOLD APPLICATIONS.
(a) IN GENERAL.—Section 9(b) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(b)) is amended by adding at the end the following:
‘‘(16) STATEWIDE ONLINE HOUSEHOLD APPLICATIONS.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and (C), beginning in the
first school year that begins after the date of the enactment of this para-
graph, a State agency may elect to establish a Statewide online application
to determine the eligibility of children in households in that State to receive
free or reduced price meals.
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‘‘(B) STATE AGENCY REQUIREMENTS.—
‘‘(i) HOUSEHOLD APPLICATION.—A Statewide online school meal appli-
cation under this paragraph shall comply with the requirements of—
‘‘(I) this subsection; and
‘‘(II) paragraphs (1) through (5) of section 245.6(a)(1) of title 7,
Code of Federal Regulations (or a successor regulation).
‘‘(ii) PROCESSING TIMELINE.—A State agency electing the option under
this paragraph shall—
‘‘(I) determine the eligibility of a household applying for free or
reduced price meals; and
‘‘(II) communicate that determination to the local educational
agency and the household, within 10 operating days of the date on
which the household submitted the application to the State agency.
‘‘(iii) VERIFICATION.—A State agency electing the option under this
paragraph shall—
‘‘(I) select at random for verification 3 percent of all household
applications approved by the State agency for the school year, as
of October 1 of the school year;
‘‘(II) directly verify the selected household applications under
subclause (I) in a manner consistent with paragraph (3)(F); and
‘‘(III) prior to October 10 of the school year, communicate to the
local educational agency which household applications have been
selected for verification and the outcome of the direct verification
conducted under paragraph (3)(F).
‘‘(C) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—
‘‘(i) ELIGIBILITY DETERMINATION.—A local educational agency in a
State with a Statewide online household application established under
this paragraph shall accept the eligibility determination made by the
State agency for a household and provide an eligible child with free or
reduced price meals beginning on the first day of the current school
year.
‘‘(ii) TRANSFERRING STUDENTS.—When a student transfers to a new
local educational agency, the new local educational agency shall obtain
and accept the eligibility determination made by the State agency.
‘‘(iii) USE OF STATE SCHOOL MEAL APPLICATION.—A local educational
agency in a State with a Statewide online household application estab-
lished under this paragraph shall not use an alternative online house-
hold application unless the State agency has approved its use.
‘‘(iv) PAPER APPLICATION.—A local educational agency in a State with
a Statewide online household application established under this para-
graph shall—
‘‘(I) provide households with the option to submit a paper appli-
cation to the local educational agency;
‘‘(II) communicate to households the availability of this option
and the Statewide online household application; and
‘‘(III) make an eligibility determination for any paper application
submitted.
‘‘(v) VERIFICATION.—A local educational agency shall verify the house-
hold applications selected by the State agency under subparagraph
(B)(iii) that were not directly verified by the State agency under para-
graph (3)(F) in a manner consistent with subparagraphs (G) through
(J) of paragraph (3).’’.
(b) TRANSFERRING ELIGIBILITY STATUS.—Section 9(b)(3)(B) of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end:
‘‘(iv) TRANSFERRING ELIGIBILITY STATUS.—
‘‘(I) TRANSFERS TO A NEW LOCAL EDUCATIONAL AGENCY.—When a
child transfers to a new local educational agency, the new local
educational agency shall obtain and accept the eligibility deter-
mination from the State or the child’s former local educational
agency.
‘‘(II) TRANSFERS OUT OF A LOCAL EDUCATIONAL AGENCY.—When a
child transfers out of a local educational agency, the local edu-
cational agency shall provide the child’s eligibility determination to
the new local educational agency.
‘‘(III) COST OF MEALS.—When the former local educational agency
is claiming meals under a special provision described in section 11,
and the child does not have an individual eligibility determination,
the new local educational agency shall serve the child meals at no
cost and claim the child’s meals at the free rate for up to 30 oper-
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ating days, or until a new eligibility determination is made, which-
ever comes first.’’.
(c) CONFORMING AMENDMENT.—Section 9(b)(3)(J) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1758(b)(3)(J)) is amended by inserting ‘‘or para-
graph (16)(B)(iii)’’ after ‘‘subparagraph (D)’’.
Subtitle B—Programs Under the Child Nutrition
Act of 1966
SEC. 211. PROFESSIONAL DEVELOPMENT AND TRAINING.
Section 7(g)(2)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)(2)(B)) is
amended by adding at the end the following:
‘‘(iv) AVAILABILITY AND APPROPRIATENESS OF TRAINING.—Training car-
ried out under this subparagraph shall be—
‘‘(I) scheduled primarily during regular, paid working hours;
‘‘(II) if such training is scheduled outside of such regular, paid
working hours—
‘‘(aa) efforts shall be made to inform food service personnel
of the reasons requiring the training to be scheduled outside
of such hours;
‘‘(bb) time spent participating in such training shall be con-
sidered compensable time and each individual who participates
shall be paid no less than the individual’s regular rate of pay;
and
‘‘(cc) food service personnel shall not be discharged or in any
other manner discriminated against for not being able to at-
tend such training; and
‘‘(III) offered in-person and incorporate hands-on training tech-
niques, when appropriate.
‘‘(v) RELATIONSHIP TO OTHER LAWS.—Nothing in this subparagraph
may be construed to supersede or otherwise modify any Federal, State,
or local law or legal obligation governing the relationship between an
employee and employer.’’.
SEC. 212. TECHNOLOGY AND INFRASTRUCTURE IMPROVEMENT.
Section 7(i)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(i)(4)) is amended
by striking ‘‘2010 through 2015’’ and inserting ‘‘2023 through 2028’’.
SEC. 213. STATE ADMINISTRATIVE EXPENSES.
Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended—
(1) in subsection (a)(5)(A), by striking ‘‘or expenditure’’;
(2) in subsection (d), by striking ‘‘and expenditure’’; and
(3) in subsection (j), by striking ‘‘October 1, 2015’’ and inserting ‘‘October 1,
2028’’.
TITLE III—MODERNIZING THE SPECIAL SUP-
PLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
SEC. 301. ADJUNCTIVE ELIGIBILITY.
(a) IN GENERAL.—Section 17(d)(2)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(2)(A)) is amended—
(1) in clause (ii)—
(A) in subclause (I), by inserting ‘‘resides in a household (as such term
is defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012)) that includes an individual who’’ before ‘‘receives’’; and
(B) in subclause (II), by striking ‘‘; or’’ and inserting a semicolon;
(2) by amending clause (iii) to read as follows:
‘‘(iii)(I) receives medical assistance under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) or child health assistance under title XXI of such Act
(42 U.S.C.1397aa et seq.); or
‘‘(II) is a member of a family in which a pregnant woman, postpartum woman,
infant, or child receives assistance or is enrolled as described in subclause (I);’’;
and
(3) by adding at the end the following:
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‘‘(iv) is enrolled as a participant in a Head Start program authorized under
the Head Start Act (42 U.S.C. 9831 et seq.) or resides in a household in which
one or more children is enrolled as a participant in such a Head Start program;
‘‘(v) resides in a household that includes an individual who receives assistance
under the food distribution program on Indian reservations established under
section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); or
‘‘(vi) resides in a household that includes an individual who receives assist-
ance from a nutrition assistance program funded by the consolidated block
grants for Puerto Rico and the American Samoa under section 19 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2028) or funded by a block grant for the
Commonwealth of the Northern Mariana Islands pursuant to section 601 of
Public Law 96–597 (48 U.S.C. 1469d(c)).’’.
(b) ADJUNCT DOCUMENTATION.—Section 17(d)(3)(E) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(3)(E)) is amended to read as follows:
‘‘(E) ADJUNCT DOCUMENTATION.—In order to participate in the program
under this section pursuant to clause (ii) through (vi) of paragraph (2)(A),
not earlier than 90 days prior to the date on which the certification or re-
certification for participation in the program is made—
‘‘(i) an individual shall provide documentation of receipt of assistance
described in such clause; or
‘‘(ii) a State agency shall use available documentation to show receipt
of such assistance.’’.
SEC. 302. WIC ELIGIBILITY AND CERTIFICATION PERIODS.
(a) PROCEDURES.—
(1) AGE OF ELIGIBILITY FOR CHILDREN UNDER THE SPECIAL SUPPLEMENTAL NU-
TRITION PROGRAM.—
(A) DEFINITION OF CHILD.—Section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786) is amended—
(i) in subsection (b), by amending paragraph (2) to read as follows:
‘‘(2) CHILD.—The term ‘child’ means—
‘‘(A) before October 1, 2026, an individual who—
‘‘(i) has attained a first birthday but has not yet attained a fifth
birthday; or
‘‘(ii)(I) has attained a fifth birthday but has not yet attained a sixth
birthday;
‘‘(II) does not attend full-day kindergarten; and
‘‘(III) is certified before such date by a State agency under sub-
section (d)(3)(A)(iii)(II); and
‘‘(B) on and after October 1, 2026, an individual who—
‘‘(i) has attained a first birthday but has not yet attained a sixth
birthday; and
‘‘(ii) does not attend full day kindergarten.’’;
(ii) in subsection (e)(4)(A), by striking ‘‘up to age 5’’; and
(iii) in subsection (f)(7)(D)(i), by striking ‘‘under the age of 5’’.
(B) CERTIFICATION.—Section 17(d)(3)(A)(iii) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(3)(A)(iii)) is amended to read as follows:
‘‘(iii) CHILDREN.—
‘‘(I) CHILDREN UNDER 5.—With respect to a participant child who
has not had a fifth birthday—
‘‘(aa) before October 1, 2026, a State may elect to certify a
participant child for a period of 2 years, if the State electing
the option provided under this clause ensures that a partici-
pant child receives the required health and nutrition assess-
ments; and
‘‘(bb) on and after October 1, 2026 a State shall—
‘‘(AA) certify a participant child for a period of 2 years;
and
‘‘(BB) ensure that a participant child receives the re-
quired health and nutrition assessments, as determined by
the Secretary under clause (ix).
‘‘(II) 5-YEAR-OLD CHILDREN.—
‘‘(aa) IN GENERAL.—Beginning not later than October 1,
2026, a State shall certify a participant child who has had a
fifth birthday but has not yet attained a sixth birthday, for the
period that ends on the earlier of—
‘‘(AA) the sixth birthday of the participant child; and
‘‘(BB) the first date on which the participant child at-
tends full-day kindergarten.
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‘‘(bb) REQUIREMENTS.—Each State that certifies a participant
child under item (aa) shall—
‘‘(AA) ensure that such participant child receives re-
quired health and nutrition assessments, as determined by
the Secretary under clause (ix); and
‘‘(BB) establish a method to determine the first date on
which such participant child attends full-day kinder-
garten.’’.
(C) CONFORMING AMENDMENT.—Section 1902(a)(53)(A) of the Social Secu-
rity Act (42 U.S.C. 1396a(a)(53)(A)) is amended by striking ‘‘below the age
of 5’’ and inserting ‘‘(as defined in such section)’’.
(2) CERTIFICATION OF INFANTS.—Section 17(d)(3)(A) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended by adding at the end the following:
‘‘(iv) INFANTS.—
‘‘(I) IN GENERAL.—With respect to an infant, a State—
‘‘(aa) before October 1, 2026, may elect to certify an infant
for participation in the program for a period of 2 years; and
‘‘(bb) on and after October 1, 2026, shall certify an infant for
participation in the program for a period of 2 years.
‘‘(II) ASSESSMENTS.—In certifying an infant under subclause (I),
a State shall ensure that the infant receives required health and
nutrition assessments, as determined by the Secretary under
clause (ix).
‘‘(III) INFANTS BORN TO PARTICIPANT MOTHERS.—For purposes of
subclause (I), an infant born to a pregnant woman who is partici-
pating in the program shall be certified for participation without
further application.
‘‘(IV) CLARIFICATION RELATING TO AGE.—An infant may be cer-
tified for participation in the program for a period of 2 years, re-
gardless of whether such infant will become a child during such pe-
riod.’’.
(3) EXTENSION OF POSTPARTUM PERIOD.—
(A) BREASTFEEDING WOMEN.—
(i) DEFINITION OF BREASTFEEDING WOMAN.—Paragraph (1) of section
17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended
to read as follows:
‘‘(1) BREASTFEEDING WOMAN.—The term ‘breastfeeding woman’ means—
‘‘(A) before October 1, 2026, an individual up to one year postpartum who
is breastfeeding the infant of the individual; and
‘‘(B) on and after October 1, 2026, an individual who is not more than
2 years postpartum and is breastfeeding the infant of the individual.’’.
(ii) CERTIFICATION.—Section 17(d)(3)(A)(ii) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended to read as follows:
‘‘(ii) BREASTFEEDING WOMEN.—With respect to a breastfeeding
woman, a State—
‘‘(I) before October 1, 2026, may elect to certify such
breastfeeding woman for a period of 2 years postpartum;
and
‘‘(II) on and after October 1, 2026, a State shall certify
a postpartum woman for a period of 2 years postpartum.’’.
(B) POSTPARTUM WOMEN.—
(i) DEFINITION OF POSTPARTUM WOMAN.—Paragraph (10) of section
17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended
to read as follows:
‘‘(10) POSTPARTUM WOMAN.—The term ‘postpartum woman’ means—
‘‘(A) before October 1, 2026, an individual up to six months after termi-
nation of pregnancy; and
‘‘(B) on and after October 1, 2026, an individual up to 2 years after termi-
nation of pregnancy.’’.
(ii) CERTIFICATION.—Section 17(d)(3)(A) of the Child Nutrition Act of
1966 (42 U.S.C. 1786)(d)(3)(A)) is further amended by adding at the end
the following:
‘‘(v) POSTPARTUM WOMEN.—With respect to a postpartum woman, a
State—
‘‘(I) before October 1, 2026, may elect to certify such
postpartum woman for a period of 2 years after the termi-
nation of the pregnancy of the postpartum woman; and
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‘‘(II) on and after October 1, 2026, a State shall certify
a postpartum woman for a period of 2 years after the ter-
mination of pregnancy of the postpartum woman.’’.
(4) PREGNANT WOMEN.—
(A) DEFINITION.—Section 17(b)(11) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(b)(11)) is amended to read as follows:
‘‘(11) PREGNANT WOMAN.—The term ‘pregnant woman’ means an individual
determined to have one or more fetuses in utero.’’.
(B) CERTIFICATION.—Section 17(d)(3)(A) of the Child Nutrition Act of 1966
(42 U.S.C. 1786)(d)(3)(A)) is further amended by adding at the end the fol-
lowing:
‘‘(vi) PREGNANT WOMEN.—With respect to a pregnant woman, a
State—
‘‘(I) before October 1, 2026, may elect to certify a pregnant
woman for the duration of the pregnancy and for the 90 days after
the termination of pregnancy; and
‘‘(II) on and after October 1, 2026, shall certify a pregnant
woman for the duration of the pregnancy and for the 90 days after
the termination of pregnancy.’’.
(5) CERTIFICATION WITHIN ONE HOUSEHOLD FAMILY.—Section 17(d)(3)(A) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) is further amended—
(A) in clause (i)—
(i) by striking ‘‘clause (ii)’’ and inserting ‘‘clauses (ii) through (viii)’’;
and
(ii) by inserting ‘‘or recertified’’ after ‘‘certified’’;
(B) by adding at the end the following:
‘‘(vii) CERTIFICATION WITHIN ONE HOUSEHOLD FAMILY.—In order to
align certification periods or recertification appointments, when a State
or local agency certifies an individual based on income documentation
under subparagraph (D) or adjunct documentation under subparagraph
(E), a new certification period that otherwise meets the requirements
of the program may be initiated for eligible family members of such in-
dividual.’’.
(6) RECERTIFICATION.—Section 17(d)(3)(A) of the Child Nutrition Act of 1966
(42 U.S.C. 1786)(d)(3)(A)) is further amended by adding at the end the fol-
lowing:
‘‘(viii) RECERTIFICATION.—Before requesting new income documenta-
tion for purposes of recertifying an individual under the program, a
State shall—
‘‘(I) determine whether such individual is eligible for recertifi-
cation under subparagraph (E); and
‘‘(II) if such individual is so eligible—
‘‘(aa) recertify such individual; and
‘‘(bb) notify such individual of such recertification.’’.
(7) NUTRITION RISK.—Section 17(d)(3)(A) of the Child Nutrition Act of 1966
(42 U.S.C. 1786)(d)(3)(A)) is further amended by adding at the end the fol-
lowing:
‘‘(ix) NUTRITION RISK.—
‘‘(I) IN GENERAL.—The Secretary may require nutrition risk eval-
uations within a single certification period for the purposes of iden-
tifying specific risk factors.
‘‘(II) INFORMATION PROVIDED BY A HEALTH CARE PROVIDER.—In-
formation provided by a health care provider shall be sufficient to
establish nutrition risk for the purposes of program eligibility
under this section.
‘‘(III) DETERMINATION.—If it is determined that the individual
does not meet any nutritional risk criteria, the certification of the
individual shall terminate on the date of determination.’’.
(b) INTERIM ELIGIBILITY.—Section 17(d)(3)(B) of the Child Nutrition Act of 1966
(42 U.S.C. 1786)(d)(3)(B)) is amended to read as follows:
‘‘(B) INTERIM ELIGIBILITY.—
‘‘(i) TEMPORARY CERTIFICATION.—
‘‘(I) IN GENERAL.—In the case of a pregnant woman,
breastfeeding woman, postpartum woman, infant, or child who is
not otherwise determined eligible under this section to participate
in the program due to lack of documentation at the time of applica-
tion, a State agency shall consider such a pregnant woman,
breastfeeding woman, postpartum woman, infant, or child to be
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temporarily eligible to participate in the program based on a signed
statement by the applicant.
‘‘(II) 30-DAY PERIOD.—With respect to an individual that is tem-
porarily eligible under subclause (I), the State agency shall—
‘‘(aa) provide food instruments for a single 30-day period;
and
‘‘(bb) require that documentation for purposes of certifying
such individual in accordance with this paragraph be provided
not later than 30 days after the first day such individual is
deemed temporarily eligible under subclause (I).
‘‘(III) DOCUMENTATION DEMONSTRATING ELIGIBILITY.—If an indi-
vidual provides documentation in accordance with subclause (II)
that demonstrates eligibility for the program, the individual shall
be certified in accordance with this paragraph beginning on the
first day the individual was deemed temporarily eligible under sub-
clause (I).
‘‘(IV) DOCUMENTATION FAILING TO DEMONSTRATE ELIGIBILITY.—If
an individual does not provide documentation in accordance with
subclause (II), or provides documentation that does not dem-
onstrate eligibility for the program—
‘‘(aa) the individual shall be determined ineligible to partici-
pate in the program; and
‘‘(bb) the temporary eligibility with respect to such individual
shall terminate at the end of the single 30-day period described
in subclause (II)(aa).
‘‘(ii) NUTRITIONAL RISK.—A State may consider a pregnant woman,
breastfeeding woman, postpartum woman, infant, or child applicant
who meets the income eligibility standards to be temporarily eligible on
an interim basis to participate in the program and may certify any
such individual for participation immediately, without delaying certifi-
cation until an evaluation is made concerning nutritional risk. A nutri-
tional risk evaluation of such an individual shall be completed not later
than 90 days after the individual is certified for participation. If it is
subsequently determined that the individual does not meet nutritional
risk criteria, the certification of the individual shall terminate on the
date of the determination.’’.
(c) ELIGIBILITY FOR CHILDREN IN KINSHIP FAMILIES.—Section 17(f)(1)(C)(ix) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(ix)) is amended by inserting ‘‘a
kinship family,’’ after ‘‘under the care of’’.
SEC. 303. CERTIFICATION AND RECERTIFICATION DETERMINATIONS AND NUTRITIONAL RISK
EVALUATIONS.
(a) IN GENERAL.—
(1) PRESENCE WITH RESPECT TO CERTAIN DETERMINATIONS AND EVALUA-
TIONS.—Section 17(d)(3)(C) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(3)(C)) is amended to read as follows:
‘‘(C) PRESENCE WITH RESPECT TO CERTAIN DETERMINATIONS AND EVALUA-
TIONS.—
‘‘(i) IN GENERAL.—Each individual seeking certification, recertifi-
cation, or a nutritional risk evaluation for participation in the program
shall be offered an appointment—
‘‘(I) in-person, through video technology permitting 2-way, real-
time interactive communications, by telephone, and in such other
format as the Secretary determines appropriate in order to deter-
mine eligibility under the program, provided that such format per-
mits 2-way, real-time interactive communications; and
‘‘(II) that occurs in a format, setting, or platform that is acces-
sible to the individual in accordance with the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794).
‘‘(ii) ANTHROPOMETRIC DATA FOR REMOTE CERTIFICATION.—If an indi-
vidual meets the certification presence requirement through technology
permitting 2-way, real-time interactive communications or other meth-
ods described in clause (i)(I), the anthropometric data with respect to
such individual shall be obtained within 90 days.’’.
(2) TECHNICAL AMENDMENT.—Section 17(d)(3) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(3)) is amended by conforming the margin of subpara-
graph (B) to the margin of subparagraph (C).
(b) REMOTE BENEFIT ISSUANCE.—Section 17(f)(6)(B) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(f)(6)(B)) is amended—
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(1) in the second sentence—
(A) by striking ‘‘vouchers by mail in its plan’’ and inserting ‘‘food instru-
ments by mail, remote issuance, or other means in the State plan’’; and
(B) by striking ‘‘The State’’ and inserting the following:
‘‘(ii) STATE PLAN.—The State’’;
(2) in the third sentence—
(A) by striking ‘‘vouchers by mail’’ and inserting ‘‘food instruments by
mail, remote issuance, or other means’’; and
(B) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(iii) DISAPPROVAL OF STATE PLAN.—The Secretary’’; and
(3) by striking ‘‘(B) State agencies’’ and all that follows through ‘‘to obtain
vouchers.’’ and inserting the following:
‘‘(B) DELIVERY OF FOOD INSTRUMENTS.—
‘‘(i) IN GENERAL.—State agencies may provide for the delivery of food
instruments, including electronic benefit transfer cards, to any partici-
pant through means that do not require the participant to travel to the
local agency to obtain food instruments, such as through mailing or re-
mote issuance.’’.
(c) ANNUAL INVESTMENT IN WIC TECHNOLOGIES.—Section 17(h) of the Child Nu-
trition Act of 1966 (42 U.S.C. 1786(h)) is amended—
(1) in paragraph (2)(B)—
(A) by striking clause (ii); and
(B) by striking ‘‘(I) Except as provided in clause (ii) and’’ and inserting
‘‘Except as provided in’’;
(2) in paragraph (10)—
(A) in subparagraph (A), by striking ‘‘2010 through 2015’’ and inserting
‘‘2023 through 2028’’;
(B) in subparagraph (B), by striking clause (ii) and inserting the fol-
lowing:
‘‘(ii)(I) $90,000,000 shall be used to—
‘‘(aa) establish, develop, improve, replace, or administer tech-
nology platforms, including management information systems, that
enhance the services of, access to, or redemption of benefits under
the program;
‘‘(bb) establish, develop, improve, replace, or administer a system
that allows for secure communication of information between
health care providers and program clinics in order to facilitate
sharing of information necessary for certification, establishing nu-
trition risk, or for the provision of health care services; and
‘‘(cc) carry out paragraph (15); and
‘‘(II) of which up to $8,000,000 may be used for Federal administra-
tive costs; and’’; and
(3) by adding at the end the following:
‘‘(15) STATE EFFORTS TO ENHANCE CROSS-ENROLLMENT WITH MEDICAID AND
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—
‘‘(A) PARTICIPATION DATA.—The Secretary shall annually collect data from
State agencies and make publicly available on the website of the Depart-
ment State-level estimates of the percentage of pregnant women,
postpartum women, infants, and children under age five—
‘‘(i) who are enrolled in the program under this section and the sup-
plemental nutrition assistance program under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); and
‘‘(ii) who are—
‘‘(I) enrolled in the program under this section and the Medicaid
program established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.); and
‘‘(II) a member of a family described in subsection (d)(2)(A)(i).
‘‘(B) BEST PRACTICES.—The Secretary shall—
‘‘(i) in addition to the information made available under subpara-
graph (A), also publish on the website of the Department best practices
for increasing the percentages described in such subparagraph; and
‘‘(ii) evaluate the number and types of referrals to the program under
this section made by—
‘‘(I) administrators of the supplemental nutrition assistance pro-
gram under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.); and
‘‘(II) administrators of the Medicaid program established under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
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‘‘(C) CROSS-ENROLLMENT PLAN.—Not later than 1 year after the date of
the enactment of this paragraph and annually thereafter, each State
shall—
‘‘(i) submit to the Secretary an annual cross-enrollment plan that—
‘‘(I) is developed across the programs described in subparagraph
(A) that includes goals, specific measures, and a timeline for in-
creasing the percentages described in such subparagraph; and
‘‘(II) includes policies to refer to the program under this section
participants in the programs described in such subparagraph who
are not certified for the program under this section; and
‘‘(ii) if such plan is approved by the Secretary, implement such plan.
‘‘(D) GRANT PROGRAM.—The Secretary shall provide technical assistance
and award competitive grants to State agencies to—
‘‘(i) increase the percentages described in subparagraph (A); and
‘‘(ii) implement measures pursuant to an annual cross-enrollment
plan under subparagraph (C), including—
‘‘(I) improving technology;
‘‘(II) establishing more robust referral systems;
‘‘(III) conducting targeted outreach to potential participants in
the program under this section;
‘‘(IV) enhancing State capacity to share and analyze data across
the programs described in subparagraph (A); and
‘‘(V) providing training or technical assistance to local agencies.
‘‘(E) LIMITATION ON DATA.—Any data collected under this paragraph shall
be—
‘‘(i) used only for the purposes of certifying eligible persons for the
program under this section; and
‘‘(ii) subject to the confidentiality provisions described in section
246.26(d) of title 7, Code of Federal Regulations (or successor regula-
tions).’’.
(d) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Education and Labor of the House
of Representatives a report on the use of remote technologies under the special
supplemental nutrition program for women, infants, and children established by
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) (referred to in
this section as the ‘‘program’’).
(2) CONTENT OF REPORT.—The report submitted under paragraph (1) shall in-
clude a description of—
(A) the use of remote technologies and other digital tools, including video,
telephone, and online platforms—
(i) to certify and recertify eligible individuals for program services;
and
(ii) to provide nutrition education and breastfeeding support to pro-
gram participants;
(B) the impact of remote technologies, including video, telephone, and on-
line platforms, on certifications, recertifications, appointments, and partici-
pant satisfaction under the program; and
(C) best practices to—
(i) certify and recertify program participants for program services
using remote technologies;
(ii) incorporate the use of digital tools into the program certification
process;
(iii) integrate nutrition education and breastfeeding support services
for program participants into remote technologies and platforms; and
(iv) securely manage program participant data.
SEC. 304. PAPERWORK REDUCTION.
Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is
amended by adding at the end the following:
‘‘(G) PAPERWORK REDUCTION.—
‘‘(i) IN GENERAL.—A State agency shall accept a single document that
provides all of the information required under this paragraph unless
the State agency determines there is a sufficient reason to doubt the
authenticity of such document.
‘‘(ii) ELECTRONIC FORM.—A State agency shall accept documentation
under this paragraph in support of a household’s application in elec-
tronic form or provided electronically unless the State agency deter-
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mines there is a sufficient reason to doubt the authenticity of such elec-
tronically provided document.’’.
SEC. 305. NUTRITION EDUCATION MATERIALS RELATED TO FOOD ALLERGIES.
Section 17(e)(3) of the Child Nutrition Act of 1966 (42 USC 1786(e)(3)) is amended
by adding at the end the following:
‘‘(C) NUTRITION EDUCATION MATERIALS RELATED TO FOOD ALLERGIES.—The
nutrition education materials issued under subparagraph (A) shall include
nutrition education materials with respect to—
‘‘(i) individuals with food allergies during pregnancy and in the
postpartum period;
‘‘(ii) infants impacted by prenatal food allergy exposure;
‘‘(iii) introducing potential food allergens to infants; and
‘‘(iv) children with food allergies.’’.
SEC. 306. BREASTFEEDING SUPPLY COVERAGE.
Section 17(h)(1)(C)(ii) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(1)(C)(ii)) is amended—
(1) in the heading, by inserting ‘‘AND BREASTFEEDING SUPPLIES’’ after ‘‘BREAST
PUMPS’’; and
(2) by inserting ‘‘and additional breastfeeding supplies’’ before the period at
the end.
SEC. 307. WATER BENEFITS DURING DISASTERS.
Section 17(h)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(1)(C)) is
amended by adding at the end the following:
‘‘(iii) WATER BENEFITS DURING DISASTERS.—
‘‘(I) IN GENERAL.—During an emergency period for which the Sec-
retary determines that, with respect to a State, access to safe
drinking water is impacted and provision of safe drinking water is
reasonably necessary to ensure safe preparation of infant formula,
a State or local agency may use amounts made available under
clause (i) to purchase and distribute safe drinking water to pro-
gram participants.
‘‘(II) EMERGENCY PERIOD DEFINED.—In this clause, the term
‘emergency period’ means a period during which there exists—
‘‘(aa) a major disaster declared by the President under sec-
tion 401 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170);
‘‘(bb) an emergency declared by the President under section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191);
‘‘(cc) a public health emergency declared by the Secretary of
Health and Human Services pursuant to section 319 of the
Public Health Service Act (42 U.S.C. 247d); or
‘‘(dd) any renewal of such a public health emergency pursu-
ant to such section 319.’’.
SEC. 308. INFANT FORMULA PROCUREMENT ONLINE SOURCE OF INFORMATION.
Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is
amended by adding at the end the following:
‘‘(xi) INFANT FORMULA PROCUREMENT ONLINE SOURCE OF INFORMA-
TION.—
‘‘(I) IN GENERAL.—Not later than 180 days after the date of en-
actment of this clause, the Secretary shall make available to the
public on a website of the Department of Agriculture the informa-
tion described in items (aa) through (dd) of subclause (II) relating
to bid solicitations of State agencies for infant formula under the
program.
‘‘(II) STATE AGENCIES.—In soliciting bids for infant formula under
the program, a State agency shall submit to the Secretary, not
later than 5 business days after the date of the bid solicitation, a
description of the bid solicitation, including—
‘‘(aa) the title of the bid solicitation and the State agency ad-
ministering the bid solicitation;
‘‘(bb) the website hyperlink and other information needed for
the purpose of submitting a bid in response to the bid solicita-
tion;
‘‘(cc) the contact information and website hyperlink for the
State agency administering the bid solicitation, for the purpose
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of gathering additional information relating to the bid solicita-
tion; and
‘‘(dd) the period during which bids are accepted or the due
date for bids, as applicable, under the bid solicitation.
‘‘(III) PUBLICATION.—Not later than 5 business days after receiv-
ing a description of a bid solicitation under subclause (II), the Sec-
retary shall publish the information described in subclause (I).’’.
SEC. 309. BREASTFEEDING PEER COUNSELOR PROGRAM.
(a) DEFINITION OF BREASTFEEDING PEER COUNSELOR.—Section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by adding at the end the fol-
lowing:
‘‘(25) BREASTFEEDING PEER COUNSELOR.—The term ‘breastfeeding peer coun-
selor’ means an individual who is recruited and hired from the adult population
described in subsection (d)(1) who has—
‘‘(A) previous experience with breastfeeding, including experience having
breastfed at least one infant; and
‘‘(B) provides mother-to-mother support to prenatal and postpartum
women under the program.’’.
(b) SPECIAL NUTRITION EDUCATION.—Section 17(h)(10) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(h)(10)) is amended—
(1) in subparagraph (A), by striking ‘‘$139,000,000’’ and inserting
‘‘$324,000,000’’; and
(2) by amending subparagraph (B)(iii) to read as follows:
‘‘(iii) $180,000,000 shall be used to—
‘‘(I) establish State agency Breastfeeding Peer Counseling pro-
grams, which shall be administered as determined by the Sec-
retary;
‘‘(II) provide performance bonus payments under paragraph
(4)(C); and
‘‘(III) establish State and local partnerships to provide such edu-
cation at locations—
‘‘(aa) outside of the clinic, such as hospitals or physicians’ of-
fices; or
‘‘(bb) in partnership with eligible entities that deliver serv-
ices under early childhood home visitation programs pursuant
to a grant under section 511 of the Social Security Act (42
U.S.C. 711).’’.
SEC. 310. PRODUCT PRICING.
Section 17(h)(11)(B)(i)(II)(aa) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(11)(B)(i)(II)(aa)) is amended by striking ‘‘the shelf prices of the vendor for
all buyers’’ and inserting ‘‘the prices the vendor charges other customers’’.
SEC. 311. WIC A50 STORES.
Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended—
(1) in paragraph (11)(E), by inserting ‘‘more than 5 percent’’ before ‘‘higher
than average’’; and
(2) in paragraph (14), by striking ‘‘food or merchandise’’ and inserting ‘‘food,
merchandise, or food delivery’’.
SEC. 312. WIC EBT MODERNIZATION.
(a) ONLINE PAYMENT AND MOBILE PAYMENT OPTIONS.—
(1) DATE OF COMPLETION.—Section 17(h)(12) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(12)) is amended—
(A) in subparagraph (A)(i), by striking ‘‘food delivery system that provides
benefits using a card or other access device’’ and inserting ‘‘benefit delivery
method’’;
(B) in subparagraph (B)—
(i) in clause (i), by striking ‘‘subparagraph (C)’’ and inserting ‘‘sub-
paragraph (C)(i)’’; and
(ii) by adding at the end the following:
‘‘(iii) VENDOR REQUIREMENTS.—Except in the case of an exemption
granted with respect to a State agency under subparagraph (C)(iii), not
later than October 1, 2025, each State agency shall authorize at least
three vendors to process online payments under the electronic benefit
systems in the State.’’; and
(C) in subparagraph (C), by adding at the end the following:
‘‘(iii) VENDOR REQUIREMENTS EXEMPTION.—To be eligible for an ex-
emption from the vendor requirements of subparagraph (B)(iii), a State
agency shall demonstrate to the satisfaction of the Secretary that the
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21
State agency is facing unusual barriers to implementing additional
changes to the electronic benefit transfer system.’’.
(2) REPORT TO CONGRESS.—Not later than January 1, 2026, the Secretary
shall submit a report to the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Education and Labor of the House of Rep-
resentatives that—
(A) details the steps taken to establish and implement online payment
models through authorized vendors participating in the special supple-
mental nutrition program for women, infants, and children under section 17
of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
(B) identifies measures to ensure that additional authorized vendors may
establish and implement such online payment models;
(C) outlines steps to implement additional modern transaction models, in-
cluding mobile payments, through such authorized vendors;
(D) provides an explanation for each exemption provided to a State agen-
cy under clause (iii) of section 17(h)(12)(C) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(12)(C));
(E) includes a description of State and local agency efforts to enhance col-
laboration with such vendors, including the use of shopper helpers or ven-
dor liaison programs; and
(F) includes an analysis of measures that could be taken at the Federal
and State levels to streamline the authorization process of such vendors
under such program and coordinate vendor authorizations with the supple-
mental nutrition assistance program.
(b) SMALLER VENDORS.—Section 17(h)(10)(B) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(h)(10)(B)) is amended by adding at the end the following:
‘‘(iv) $40,000,000 shall be used by State or local agencies to enhance
vendor partnerships and streamline the shopping experience of partici-
pants, including by establishing and administering vendor liaison pro-
grams to support participants and vendor staff at retail grocery loca-
tions.’’.
(c) EQUITABLE ACCESS FOR WIC SHOPPERS.—Section 17(h)(12) of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1786(h)(12)) is further amended by adding at the end
the following:
‘‘(H) EQUITABLE ACCESS FOR WIC SHOPPERS.—To facilitate the use of on-
line payments under an electronic benefit transfer system, a State agency
shall—
‘‘(i) with respect to such electronic benefit transfer system, allow—
‘‘(I) transactions to be conducted without the presence of a cash-
ier;
‘‘(II) additional methods of authentication other than signature
or entry of a personal identification number to be used; and
‘‘(III) participants to receive supplemental foods after an elec-
tronic benefit transfer transaction has been processed;
‘‘(ii) ensure that no interchange or related transaction fees are col-
lected from vendors;
‘‘(iii) issue program benefits remotely without receiving a participant
signature;
‘‘(iv) authorize vendors that do not have a single, fixed location; and
‘‘(v) authorize vendors for a period not to exceed 5 years.’’.
(d) REPEAL.—Paragraph (13) of section 17(h) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(h)) is repealed.
SEC. 313. SPEND FORWARD AUTHORITIES.
Section 17(i)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)(3)) is amend-
ed—
(1) in subparagraph (A)—
(A) in clause (i)—
(i) in subclause (I), by striking ‘‘1 percent (except as provided in sub-
paragraph (C))’’ and inserting ‘‘10 percent’’; and
(ii) in subclause (II), by striking ‘‘1 percent’’ and inserting ‘‘10 per-
cent’’; and
(B) in clause (ii)—
(i) in subclause (I)—
(I) by striking ‘‘3 percent’’ and inserting ‘‘10 percent’’; and
(II) by inserting ‘‘for nutrition services and administration’’ be-
fore ‘‘under this section’’; and
(ii) in subclause (II)—
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22
(I) by striking ‘‘for nutrition services and administration’’ and in-
serting ‘‘to carry out this section’’;
(II) by striking ‘‘not more than 1⁄2 of 1 percent’’ and inserting ‘‘not
more than 3 percent’’; and
(III) by striking ‘‘the development of a management information
system, including an electronic benefit transfer system’’ and insert-
ing ‘‘purposes related to food delivery, including breastfeeding serv-
ices and supplies, electronic benefit transfer systems, and other
technologies’’; and
(2) by repealing subparagraph (C).
SEC. 314. ADMINISTRATIVE SIMPLIFICATION.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended—
(1) in subsection (f)(1), by amending subparagraph (A) to read as follows: (A)
Each State agency shall submit to the Secretary a plan of operation and admin-
istration. A State shall be required to submit to the Secretary for approval any
substantive change in the plan and annual requirements as specified by the
Secretary.’’; and
(2) by repealing subsection (k).
SEC. 315. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(1)(A)) is
amended by striking ‘‘2010 through 2015’’ and inserting ‘‘2023 through 2028’’; and
SEC. 316. WIC FARMERS’ MARKET NUTRITION PROGRAM.
Section 17(m) of the Child Nutrition Act of 1966 (7 U.S.C. 1431) is amended—
(1) in paragraph (1), by inserting ‘‘and community supported agriculture pro-
grams’’ after ‘‘roadside stands’’;
(2) by striking paragraph (3) and redesignating paragraphs (4) through (10)
as paragraphs (3) through (9), respectively;
(3) in paragraph (3), as so redesignated, by striking ‘‘paragraph (6)’’ both
places it appears and inserting ‘‘paragraph (5)’’;
(4) in paragraph (4), as so redesignated—
(A) in subparagraph (B), by striking ‘‘using funds’’ and all the follows
through ‘‘paragraph (3).’’ and inserting ‘‘using funds provided under the
grant.’’;
(B) in subparagraph (C), by striking ‘‘may not be’’ and all that follows
through ‘‘per year.’’ and inserting ‘‘may not be less than $20 per year or
more than $100 per year.’’;
(C) by amending subparagraph (E) to read as follows:
‘‘(E) The coupon redemption process under the program shall be designed to
ensure that the coupon may be redeemed—
‘‘(i) either—
‘‘(I) by producers authorized by the State to participate in the pro-
gram; or
‘‘(II) through a central point of sale at a farmers’ market authorized
by the State to participate in the program; and
‘‘(ii) only to purchase fresh nutritious unprepared food for human con-
sumption.’’;
(D) in subparagraph (F)—
(i) in clause (i), by striking ‘‘clauses (ii) and (iii)’’ and inserting
‘‘clause (ii)’’;
(ii) in clause (ii)—
(I) by striking ‘‘2 percent’’ and inserting ‘‘3 percent’’; and
(II) by inserting ‘‘such market development or technical assist-
ance will advance State efforts to develop efficient and appropriate
electronic benefits systems or’’ before ‘‘the State intends’’; and
(iii) by striking clause (iii);
(5) in paragraph (5), as so redesignated—
(A) in subparagraph (A), by striking ‘‘subparagraph (G)’’ and inserting
‘‘paragraph (8)’’;
(B) in subparagraph (B)—
(i) in clause (i), by striking ‘‘if a State provides the amount of match-
ing funds required under paragraph (3),’’;
(ii) in clause (ii)—
(I) by striking ‘‘paragraph (10)’’ and inserting ‘‘paragraph (8)’’;
and
(II) by striking ‘‘paragraph (6)’’ and inserting ‘‘paragraph (5)’’;
(C) in subparagraph (C), by striking ‘‘subparagraph (G)(i)’’ both places it
appears and inserting ‘‘paragraph (8)’’;
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(D) in subparagraph (D)(ii)(II), by striking ‘‘paragraph (5)’’ and inserting
‘‘paragraph (4)’’; and
(E) in subparagraph (F)(iii), by striking ‘‘paragraph (10)(B)(ii)’’ and insert-
ing ‘‘paragraph (8)(B)(ii)’’;
(6) in paragraph (7), as so redesignated—
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and
(E), respectively;
(7) in paragraph (8), as so redesignated—
(A) in subparagraph (A), by striking ‘‘2010 through 2015’’ and inserting
‘‘2023 through 2028’’; and
(B) in subparagraph (B)(i)(II), by striking ‘‘5 percent’’ and inserting ‘‘10
percent’’;
(8) in paragraph (9)(A), as so redesignated, by striking ‘‘or other negotiable
financial instrument’’ and inserting ‘‘token, electronic benefit transfer card, mo-
bile benefit delivery system, or other forms or technologies as determined by the
Secretary’’.
SEC. 317. SUPPORTING HEALTHY MOTHERS AND INFANTS.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended—
(1) in subsection (a), by striking ‘‘drug abuse’’ and inserting ‘‘substance use
disorder’’;
(2) in subsection (b)—
(A) in paragraph (8), by striking ‘‘drug abuse’’ and inserting ‘‘substance
use disorder’’; and
(B) in paragraph (16)—
(i) in the matter preceding subparagraph (A), by striking ‘‘Drug abuse
education’’ and inserting ‘‘Substance use disorder education’’;
(ii) in subparagraph (A), by striking ‘‘dangers of drug abuse’’ and in-
serting ‘‘harm of substance use on pregnancy and lactation’’; and
(iii) in subparagraph (B)—
(I) by striking ‘‘are suspected drug abusers’’ and inserting ‘‘may
have a substance use disorder’’;
(II) by striking ‘‘drug abuse clinics,’’; and
(III) by striking ‘‘drug abuse professionals’’ and inserting ‘‘re-
sources’’;
(3) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘drug abuse’’ each place it appears and inserting ‘‘sub-
stance use disorder’’; and
(ii) by striking ‘‘effects of drug and alcohol use by’’ and inserting ‘‘ef-
fects of a substance use disorder of’’; and
(B) in paragraph (5), by striking ‘‘substance abuse’’ and inserting ‘‘sub-
stance use disorder’’;
(4) in subsection (f)—
(A) in paragraph (1)(C)(ix), by striking ‘‘drugs’’ and inserting ‘‘illicit or
other harmful substances’’; and
(B) in paragraph (13), by striking ‘‘drug abuse education’’ and inserting
‘‘substance use disorder education’’; and
(5) by adding at the end the following:
‘‘(t) ACTIVITIES TO SUPPORT WIC–ELIGIBLE INDIVIDUALS IMPACTED BY SUBSTANCE
USE DISORDER.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) develop and disseminate nutrition education materials for individ-
uals eligible for the program; and
‘‘(B) conduct outreach to individuals who are potentially eligible for the
program and who are impacted by a substance use disorder.
‘‘(2) PURPOSE.—The purpose of this subsection is to ensure that individuals
participating in the program who are impacted by a substance use disorder re-
ceive accurate nutrition education from trained staff in an effective and unbi-
ased manner.
‘‘(3) NUTRITION EDUCATION MATERIALS.—The Secretary shall collaborate with
the Secretary of Health and Human Services to develop appropriate evidence-
based nutrition education materials for individuals impacted by a substance use
disorder, including—
‘‘(A) nutrition education materials for individuals with substance use dis-
order during pregnancy and in the postpartum period; and
‘‘(B) nutrition education materials for infants impacted by prenatal sub-
stance exposure and neonatal abstinence syndrome.
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‘‘(4) NUTRITION EDUCATION CLEARINGHOUSE.—The Secretary shall make avail-
able to all State agencies through an online clearinghouse any nutrition edu-
cation and training materials related to nutrition for individuals impacted by
a substance use disorder or neonatal abstinence syndrome that have been pro-
duced by the Secretary or the Secretary of Health and Human Services (or pro-
duced by a State agency and approved by the Secretary), including educational
materials developed under paragraph (15) of section 515(b) of the Public Health
Service Act (42 U.S.C. 290bb–21(b)) and guidance issued under section 1005 of
the SUPPORT for Patients and Communities Act (42 U.S.C. 1396a note).
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this subsection $1,000,000 for fiscal year 2024, to remain
available until expended.’’.
TITLE IV—MODERNIZING THE CHILD AND
ADULT CARE FOOD PROGRAM
SEC. 401. ELIGIBILITY CERTIFICATION CRITERIA FOR PROPRIETARY CHILD CARE CENTERS.
Section 17(a)(6) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(a)(6)) is amended—
(1) in the matter preceding subparagraph (A), by striking ‘‘criteria:’’ and in-
serting ‘‘criteria—’’;
(2) in subparagraph (E), by striking ‘‘and’’ at the end;
(3) in subparagraph (F), by striking the period at the end and inserting ‘‘;
and’’; and
(4) by adding at the end the following:
‘‘(G) in the case of an institution described in paragraph (2)(B), the eligi-
bility of such institution shall be determined on an annual basis in accord-
ance with this section.’’.
SEC. 402. AUTOMATIC ELIGIBILITY FOR CHILDREN IN SUPPLEMENTAL NUTRITION ASSIST-
ANCE HOUSEHOLDS.
Section 17(c) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(c)) is amended by adding at the end the following:
‘‘(7) AUTOMATIC ELIGIBILITY FOR CHILDREN IN SUPPLEMENTAL NUTRITION AS-
SISTANCE HOUSEHOLDS.—A child shall be considered automatically eligible for
benefits under this section without further application or eligibility determina-
tion if the child is a member of a household receiving assistance under the sup-
plemental nutrition assistance program established under the Food and Nutri-
tion Act of 2008 (7 U.S.C. 2011 et seq.).’’.
SEC. 403. REVIEW OF SERIOUS DEFICIENCY PROCESS.
Section 17(d)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(d)(5)) is amended by adding at the end the following:
‘‘(F) SERIOUS DEFICIENCY PROCESS.—
‘‘(i) IN GENERAL.—Not later than 1 year after the date of the enact-
ment of this subparagraph, the Secretary shall review and issue guid-
ance and, as appropriate, regulations regarding the serious deficiency
process for the program under this section.
‘‘(ii) REVIEW.—In carrying out clause (i), the Secretary shall review,
at a minimum, the processes involved in—
‘‘(I) determining when there is a serious deficiency with respect
to an institution, facility, or a family or group day care home by
a State agency, including—
‘‘(aa) what measures automatically result in a finding of seri-
ous deficiency; and
‘‘(bb) how to differentiate between—
‘‘(AA) a reasonable margin of human error and system-
atic or intentional noncompliance; and
‘‘(BB) State-specific requirements and Federal regula-
tions;
‘‘(II) appealing and mediating a finding of serious deficiency with
respect to an institution or a family or group day care home, in-
cluding—
‘‘(aa) findings related to requirements and Federal regula-
tions; and
‘‘(bb) processes for ensuring officials involved in appeals and
mediation are fair and impartial;
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‘‘(III) determining the circumstances under which a corrective ac-
tion plan is acceptable;
‘‘(IV) termination and disqualification, including maintenance of
the list under subparagraph (E); and
‘‘(V) determining opportunities for strengthening the processes
intended to reduce additional State agency program requirements
on institutions or family or group day care homes that are in addi-
tion to those required under Federal law, including—
‘‘(aa) State evaluation of practices used at the time of review;
‘‘(bb) regional approval of such additional State agency re-
quirements; and
‘‘(cc) oversight through the management evaluation process.
‘‘(iii) GUIDANCE AND REGULATIONS.—
‘‘(I) IN GENERAL.—Not later than 1 year after conducting the re-
view under clause (ii), the Secretary shall make findings from the
information collected and issue guidance and, as appropriate, regu-
lations from such findings that will—
‘‘(aa) streamline and modernize the program; and
‘‘(bb) assist sponsoring organizations, State agencies, and the
Food and Nutrition Service in ensuring a fair, uniform, and ef-
fective administration of the serious deficiency process, while
retaining program integrity.
‘‘(II) SCOPE.—The guidance or, as appropriate, regulations made
or issued under subclause (I) shall include—
‘‘(aa) clarity on the required measures for noncompliance, in-
cluding—
‘‘(AA) an allowance for a reasonable margin of human
error; and
‘‘(BB) a distinction between a reasonable margin of
human error and systematic or intentional noncompliance;
‘‘(bb) a formal appeals and mediation process that—
‘‘(AA) is conducted by a trained official who is inde-
pendent from and not affiliated with any person or agency
involved in the determination being appealed or mediated;
‘‘(BB) provides an opportunity for a fair hearing for any
institution or family or group day care home determined
to have a serious deficiency finding or inadequate correc-
tive action plan; and
‘‘(CC) provides for the evaluation and resolution of dis-
putes over State agency program requirements on institu-
tions or family or group day care homes that are in addi-
tion to those required under Federal law;
‘‘(cc) timeframes for acceptable corrective action plans for
group or family day care homes that are consistent with cor-
rective action timeframes for child care centers; and
‘‘(dd) a process to dismiss a serious deficiency upon correc-
tion of such deficiency.’’.
SEC. 404. AUTHORIZATION OF REIMBURSEMENTS FOR ADDITIONAL MEAL OR SNACK.
Section 17(f)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(f)(2)) is amended—
(1) by striking ‘‘(2)(A) Subject to subparagraph (B) of this paragraph’’ and in-
serting the following:
‘‘(2) DISBURSEMENTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B)’’; and
(2) by amending subparagraph (B) to read as follows:
‘‘(B) LIMITATION.—No reimbursement may be made to any institution
under this paragraph, or to family or group day care home sponsoring orga-
nizations under paragraph (3), for more than—
‘‘(i) 2 meals and 1 supplement or 1 meal and 2 supplements per day
per child; or
‘‘(ii) 3 meals and 1 supplement or 2 meals and 2 supplements per day
per child, in the case of child care during which there are 8 or more
hours between the beginning of the first meal service period and the
beginning of the fourth meal service period.’’.
SEC. 405. ADJUSTMENTS.
Section 17(f)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(f)(3)) is amended—
(1) in subparagraph (A)—
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(A) by amending clause (ii)(IV) to read as follows:
‘‘(IV) ADJUSTMENTS.—The reimbursement factors under this sub-
paragraph shall be adjusted on July 1, 1997, and each July 1 there-
after, to reflect changes in the Consumer Price Index for food away
from home for the 12-month period ending on the preceding April
30. The reimbursement factors under this subparagraph shall be
rounded to the nearest lower cent increment and based on the
unrounded adjustment in effect on April 30 of the preceding school
year.’’; and
(B) by amending clause (iii)(I)(bb) to read as follows:
‘‘(bb) ADJUSTMENTS.—The factors shall be adjusted on July 1,
1997, and each July 1 thereafter, to reflect changes in the Con-
sumer Price Index for food away from home for the 12-month
period ending on the preceding April 30. The reimbursement
factors under this item shall be rounded down to the nearest
lower cent increment and based on the unrounded adjustment
in effect on April 30 of the preceding 12- month period.’’; and
(2) by amending subparagraph (B)(ii) to read as follows:
‘‘(ii) ANNUAL ADJUSTMENT.—The administrative reimbursement levels
specified in clause (i) shall be adjusted July 1 of each year to reflect
changes in the 12-month period ending on the preceding April 30 in the
Consumer Price Index for All Urban Consumers published by the Bu-
reau of Labor Statistics of the Department of Labor.’’.
SEC. 406. AGE LIMITS IN HOMELESS SHELTERS AND EMERGENCY SHELTERS.
Section 17(t)(5)(A)(i) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766(t)(5)(A)(i)) is amended—
(1) in the matter before subclause (I), by inserting ‘‘or individuals’’ after ‘‘chil-
dren’’ both places it appears; and
(2) in subclause (I), by striking ‘‘18 years of age’’ and inserting ‘‘25 years of
age’’.
SEC. 407. ADVISORY COMMITTEE ON PAPERWORK REDUCTION.
Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766)
is amended by adding at the end the following:
‘‘(v) ADVISORY COMMITTEE ON PAPERWORK REDUCTION.—
‘‘(1) ESTABLISHMENT.—Not later than 180 days after the date of the enact-
ment of this subsection, the Secretary shall establish an advisory committee (re-
ferred to in this subsection as the ‘Advisory Committee’) to carry out the duties
described in paragraph (2).
‘‘(2) DUTIES.—The duties of the Advisory Committee shall be to—
‘‘(A) examine the feasibility of reducing unnecessary or duplicative paper-
work resulting from regulations and recordkeeping requirements, including
paperwork resulting from additional State requirements, for those partici-
pating or seeking to participate in the program under this section, including
State agencies, family child care homes, child care centers, and sponsoring
organizations; and
‘‘(B) provide recommendations to the Secretary to reduce such paperwork
for participants in the program under this section while ensuring that prop-
er accountability and program integrity are maintained and make such rec-
ommendations publicly available.
‘‘(3) MEMBERSHIP.—The Advisory Committee shall be composed of not fewer
than 14 members, of whom:
‘‘(A) 1 shall be a representative of a public nonprofit center.
‘‘(B) 1 shall be a representative of a private nonprofit center.
‘‘(C) 1 shall be a representative of a family or group day care home.
‘‘(D) 1 shall be a representative of a Head Start center.
‘‘(E) 1 shall be a representative of a for-profit center.
‘‘(F) 1 shall be a representative of an emergency shelter.
‘‘(G) 1 shall be a representative of an adult day care center.
‘‘(H) 1 shall be a representative of a State agency.
‘‘(I) 1 shall be a representative of a sponsoring organization for the enti-
ties referred to in subparagraphs (A), (B), (D), (E), (F), and (G).
‘‘(J) 1 shall be a representative of a sponsoring organization of family or
group day care homes.
‘‘(K) 1 shall be a representative of an anti-hunger advocacy organization.
‘‘(L) 1 shall be a representative of an at-risk, after school program.
‘‘(M) 1 shall be a representative of a child care advocacy organization.
‘‘(N) 1 shall be a representative of an advocacy organization representing
parents with young children.
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‘‘(4) CONSIDERATIONS.—In developing the recommendations described in para-
graph (2)(B), the Advisory Committee shall consider—
‘‘(A) information, recommendations, and reports from the Paperwork Re-
duction Work Group established by the Food and Nutrition Service pursu-
ant to section 119(i) of the Child Nutrition and WIC Reauthorization Act
of 2004 (42 U.S.C. 1766);
‘‘(B) the use of electronic systems and recordkeeping technologies to re-
duce paperwork for program participants and program operators; and
‘‘(C) duplicative requirements across multiple Federal programs.
‘‘(5) GUIDANCE AND REGULATIONS.—Not later than 3 years after the date of
the enactment of this subsection, the Secretary shall issue guidance and, as ap-
propriate, regulations based on the recommendations described in paragraph
(2)(B) for streamlined and consolidated paperwork and recordkeeping require-
ments for the program, including actions taken to reduce paperwork for parents
and program operators by—
‘‘(A) streamlining and modernizing applications; and
‘‘(B) streamlining and modernizing the monitoring and auditing of pro-
grammatic documentation and recordkeeping, including—
‘‘(i) eliminating the use of the enrollment form for the purpose of
claiming meals;
‘‘(ii) allowing the use of direct certification in all States;
‘‘(iii) requiring States to accept as documentation digital forms,
digitized and electronic signatures, and electronic records;
‘‘(iv) allowing the use of electronic data collection systems containing
all required Federal child and adult care food program standards;
‘‘(v) addressing non-mandated State-specific requirements; and
‘‘(vi) requiring the adoption of generally accepted technologies for cli-
ent-facing technology, virtual visits, and technology used for adminis-
trative functions by the child and adult care food program to reduce the
burden on participants and program operators and administrators.
‘‘(6) REPORT.—
‘‘(A) IN GENERAL.—Not later than 180 days after issuing the guidance
and, as appropriate, regulations described in paragraph (5), the Secretary
shall submit a report to the Committee on Agriculture, Nutrition, and For-
estry of the Senate and the Committee on Education and Labor of the
House of Representatives containing the information described in subpara-
graph (B).
‘‘(B) CONTENTS.—The report under subparagraph (A) shall contain the fol-
lowing:
‘‘(i) With respect to each instance in which the Secretary did not im-
plement a recommendation of the Advisory Committee, an explanation
with respect to why such recommendation was not implemented.
‘‘(ii) Additional recommendations with respect to legislative action
that may further strengthen and streamline the program application
and monitoring process and reduce administrative burdens on grantees,
program participants, and local, State, and Federal governments.’’.
TITLE V—ADDRESSING CHILD FOOD
INSECURITY DURING THE SUMMER
SEC. 501. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) BETTER INTEGRATE SUMMER EDUCATION AND SUMMER MEALS PROGRAM.—Sec-
tion 13(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1761(a)(1)(A)(i)) is amended by striking ‘‘50 percent’’ each place it appears and in-
serting ‘‘40 percent’’.
(b) PUBLIC-PRIVATE PARTNERSHIPS.—Section 13(a) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1761(a)) is amended by striking paragraph (8)
and inserting the following:
‘‘(8) YEAR-ROUND MEAL SERVICE.—
‘‘(A) SEAMLESS SUMMER OPTION FOR SCHOOLS.—Except as otherwise deter-
mined by the Secretary, a service institution that is a public or private non-
profit school food authority may provide summer or school vacation food
service in accordance with applicable provisions of law governing the school
lunch program established under this Act or the school breakfast program
established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
‘‘(B) YEAR-ROUND MEAL SERVICE FOR OTHER SERVICE INSTITUTIONS.—Each
service institution (other than a service institution described in subpara-
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graph (A)), in addition to being eligible for reimbursement for meals de-
scribed in subsection (b)(2) served during each day of operation during the
periods described in subsection (c)(1), may be reimbursed for up to 1 meal
and 1 snack per child served at sites that provide educational or enrich-
ment activities during the regular school year during—
‘‘(i) afterschool hours;
‘‘(ii) weekends; and
‘‘(iii) school holidays.’’.
(c) IMPROVE NUTRITION IN UNDERSERVED, HARD-TO-REACH AREAS.—Section 13(a)
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amend-
ed—
(1) by striking paragraphs (9) and (10);
(2) by inserting after paragraph (8) the following:
‘‘(9) IMPROVE NUTRITION IN UNDERSERVED, HARD-TO-REACH AREAS.—
‘‘(A) IN GENERAL.—Subject to the availability of appropriations specifically
for the purpose of carrying out this paragraph, the Secretary may award
competitive grants to States to award subgrants to service institutions in
accordance with subparagraph (B).
‘‘(B) SUBGRANTS.—
‘‘(i) IN GENERAL.—A State that receives a grant under subparagraph
(A) shall use such grant funds to award competitive subgrants to serv-
ice institutions selected by the State to increase participation in the
program—
‘‘(I) at congregate feeding sites; and
‘‘(II) through—
‘‘(aa) innovative approaches to addressing barriers in trans-
portation to such sites; and
‘‘(bb) mobile meal delivery.
‘‘(ii) ELIGIBILITY.—To be selected to receive a subgrant under this
subparagraph, a service institution shall—
‘‘(I) be located in the State;
‘‘(II) submit to the State an application at such time, in such
manner, and containing such information as the State may require;
‘‘(III) meet criteria established by the State; and
‘‘(IV) agree to the terms and conditions of the subgrant, as estab-
lished by the State.
‘‘(iii) PRIORITY.—In awarding subgrants under this subparagraph, the
State shall give priority to service institutions that—
‘‘(I) serve both breakfast and lunch; or
‘‘(II) offer educational or enrichment programs.
‘‘(iv) TRAVEL REIMBURSEMENT.—A service institution that receives a
subgrant under this subparagraph may use subgrant funds to provide
reimbursement for travel to satellite congregate feeding sites.
‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be ap-
propriated to the Secretary to make competitive grants under this para-
graph, $10,000,000 for each fiscal year.’’; and
(3) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), re-
spectively.
(d) CULTURALLY AND LINGUISTICALLY APPROPRIATE OUTREACH REGARDING SUM-
MER FOOD SERVICE PROGRAM.—Paragraph (10)(B) of section 13(a) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1761(a)), as redesignated by sub-
section (c)(3), is amended by inserting ‘‘culturally and linguistically appropriate’’
after ‘‘dissemination of’’ both places it appears.
(e) TIMING OF ADJUSTMENTS.—Section 13(b)(1)(B) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1761(b)(1)(B)) is amended by striking ‘‘ending
the preceding November’’ and inserting ‘‘ending on the preceding October’’.
(f) THIRD MEAL.—Section 13(b)(2) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761(b)(2)) is amended by striking ‘‘only serve lunch’’ and all that
follows through ‘‘migrant children may’’.
(g) MEAL SERVICE DURING UNANTICIPATED SCHOOL CLOSURES.—Section 13(c)(1) of
the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(c)(1)) is amended
by striking ‘‘at non-school sites’’.
(h) NON-SCHOOL SPONSORS.—Section 13(f)(7) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761(f)(7)) is amended—
(1) by striking ‘‘school food authority participating as a’’;
(2) by striking ‘‘, under rules that the school uses for school meals programs’’;
and
(3) by striking ‘‘to a school’’ and inserting ‘‘to a service institution’’.
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(i) SUMMER NUTRITION STANDARDS.—Section 13(f) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1761(f)) is amended by adding at the end the
following:
‘‘(8) Not later than 2 years after the date of the enactment of this paragraph and
in accordance with paragraph (1), the Secretary shall promulgate proposed regula-
tions to update the nutrition standards for the summer food service program author-
ized under this Act to be guided by the goals of the most recent Dietary Guidelines
for Americans published under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7.U.S.C. 5341), taking into account the structure of
the Program.’’.
(j) AUTHORIZATION OF APPROPRIATIONS.—Section 13(r) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(r)) is amended by striking ‘‘2015’’ and
inserting ‘‘2028’’.
SEC. 502. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
The Richard B. Russell National School Lunch Act is amended by inserting after
section 13 (42 U.S.C. 1761) the following:
‘‘SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
‘‘(a) PROGRAM ESTABLISHED.—The Secretary shall establish a program under
which States and covered Indian Tribal organizations participating in such program
shall, beginning with summer 2024 and annually for each summer thereafter, issue
to eligible households summer EBT benefits—
‘‘(1) in accordance with this section; and
‘‘(2) for the purpose of providing nutrition assistance through electronic bene-
fits transfer during the summer months for eligible children, to ensure contin-
ued access to food when school is not in session for the summer.
‘‘(b) SUMMER EBT BENEFITS REQUIREMENTS.—
‘‘(1) PURCHASE OPTIONS.—
‘‘(A) BENEFITS ISSUED BY STATES.—
‘‘(i) WIC PARTICIPATION STATES.—In the case of a State that partici-
pated in a demonstration program under section 749(g) of the Agri-
culture, Rural Development, Food and Drug Administration, and Re-
lated Agencies Appropriations Act, 2010 (Public Law 111–80; 123 Stat.
2132) during calendar year 2018 using a WIC model, summer EBT ben-
efits issued pursuant to subsection (a) by such a State may only be
used by the eligible household that receives such summer EBT benefits
to purchase—
‘‘(I) supplemental foods from retailers that have been approved
for participation in—
‘‘(aa) the special supplemental nutrition program for women,
infants, and children under section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786); or
‘‘(bb) the program under this section; or
‘‘(II) food (as defined in section 3(k) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2011(k))) from retail food stores that have been
approved for participation in the supplemental nutrition assistance
program established under such Act, in accordance with section
7(b) of such Act (7 U.S.C. 2016(b)).
‘‘(ii) OTHER STATES.—Summer EBT benefits issued pursuant to sub-
section (a) by a State not described in clause (i) may only be used by
the eligible household that receives such summer EBT benefits to pur-
chase food (as defined in section 3(k) of the Food and Nutrition Act of
2008 (7 U.S.C. 2011(k))) from retail food stores that have been ap-
proved for participation in the supplemental nutrition assistance pro-
gram established under such Act, in accordance with section 7(b) of
such Act (7 U.S.C. 2016(b)).
‘‘(B) BENEFITS ISSUED BY COVERED INDIAN TRIBAL ORGANIZATIONS.—Sum-
mer EBT benefits issued pursuant to subsection (a) by a covered Indian
Tribal organization may only be used by the eligible household that receives
such summer EBT benefits to purchase supplemental foods from retailers
that have been approved for participation in—
‘‘(i) the special supplemental nutrition program for women, infants,
and children under section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786); or
‘‘(ii) the program under this section.
‘‘(2) AMOUNT.—Summer EBT benefits issued pursuant to subsection (a)—
‘‘(A) shall be—
‘‘(i) for calendar year 2024, in an amount equal to $75 for each child
in the eligible household per month during the summer; and
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‘‘(ii) for calendar year 2025 and each year thereafter, in an amount
equal to the amount described in clause (i), adjusted to the nearest
lower dollar increment to reflect changes to the cost of the thrifty food
plan (as defined in section 3(u) of the Food and Nutrition Act of 2008
(7 U.S.C. 2012(u)) for the 12-month period ending on November 30 of
the preceding calendar year; and
‘‘(B) may be issued—
‘‘(i) in the form of an EBT card; or
‘‘(ii) through electronic delivery.
‘‘(c) ENROLLMENT IN PROGRAM.—
‘‘(1) STATE REQUIREMENTS.—States participating in the program under this
section—
‘‘(A) shall, with respect to summer, automatically enroll eligible children
who, in the school year immediately preceding the summer, are directly cer-
tified, are identified students (as defined in section 11(a)(1)(F)(i)), or are
otherwise determined by a local educational agency to be eligible to receive
free or reduce price meals in the program under this section, without fur-
ther application from households;
‘‘(B) may provide an application for children who do not meet the criteria
specified in subparagraph (A) and make eligibility determinations using the
same eligibility criteria for free or reduced price lunches under this Act;
‘‘(C) shall establish procedures to carry out the enrollment described in
subparagraph (A); and
‘‘(D) shall require local educational agencies to allow eligible households
to opt out of participation in the program under this section and establish
procedures for opting out of such participation.
‘‘(2) COVERED INDIAN TRIBAL ORGANIZATION REQUIREMENTS.—Covered Indian
Tribal organizations participating in the program under this section shall, to
the maximum extent practicable, meet the requirements under subparagraphs
(A) through (C) of paragraph (1).
‘‘(d) IMPLEMENTATION GRANTS.—Not later than October 1, 2022, the Secretary
shall carry out a program to make grants to States and covered Indian Tribal orga-
nizations to build capacity for implementing the program under this section.
‘‘(e) ALTERNATE PLANS IN THE CASE OF CONTINUOUS SCHOOL CALENDAR.—The
Secretary shall establish alternative plans for when summer EBT benefits may be
issued pursuant to subsection (a) in the case of children who are under a continuous
school calendar.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) COVERED INDIAN TRIBAL ORGANIZATION.—The term ‘covered Indian Tribal
organization’ means an Indian Tribal organization that participates in the spe-
cial supplemental nutrition program for women, infants, and children under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
‘‘(2) ELIGIBLE CHILD.—The term ‘eligible child’ means, with respect to a sum-
mer, a child who—
‘‘(A) was, during the school year immediately preceding such summer—
‘‘(i) certified to receive free or reduced price lunch under the school
lunch program under this Act;
‘‘(ii) certified to receive free or reduced price breakfast under the
school breakfast program under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773); or
‘‘(iii) certified by the State through the process described in sub-
section (c)(1)(B); or
‘‘(B)(i) was, during the school year immediately preceding such summer,
enrolled in a school described in subparagraph (B), (C), (D), (E), or (F) of
section 11(a)(1); and
‘‘(ii) either—
‘‘(I) is an identified student (as defined in section 11(a)(1)(F)(i)); or
‘‘(II) otherwise meets the requirements to receive free or reduced
price lunch as determined by a local educational agency through an ap-
plication process using the same eligibility criteria for free or reduced
price lunches under this Act.
‘‘(3) ELIGIBLE HOUSEHOLD.—The term ‘eligible household’ means a household
that includes at least 1 eligible child.
‘‘(4) SUPPLEMENTAL FOODS.—The term ‘supplemental foods’—
‘‘(A) means foods—
‘‘(i) containing nutrients determined by nutritional research to be
lacking in the diets of children; and
‘‘(ii) that promote the health of the population served by the program
under this section, as indicated by relevant nutrition science, public
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31
health concerns, and cultural eating patterns, as determined by the
Secretary; and
‘‘(B) includes foods not described in subparagraph (A) substituted by
State agencies, with the approval of the Secretary, that—
‘‘(i) provide the nutritional equivalent of foods described in such sub-
paragraph; and
‘‘(ii) allow for different cultural eating patterns than foods described
in such subparagraph.’’.
TITLE VI—IMPROVING CAPACITY AND
PROMOTING SUSTAINABILITY
SEC. 601. VALUES-ALIGNED PROCUREMENT.
Section 9(j) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(j)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘to purchase unprocessed agricultural products, both lo-
cally grown and locally raised’’; and
(B) by striking the semicolon at the end and inserting the following: ‘‘,
to purchase unprocessed agricultural products that were—
‘‘(A) locally grown and locally raised;
‘‘(B) produced in an environmentally sustainable manner;
‘‘(C) produced by a certified organic farm or ranch;
‘‘(D) produced by an underserved or limited resource producer;
‘‘(E) produced by a small or mid-sized farm that is structured as a family
farm;
‘‘(F) produced by a farm with employees who, as permitted by law, are
represented by a collective bargaining agreement or memorandum of under-
standing;
‘‘(G) produced by a farm participating in a worker justice certification pro-
gram; or
‘‘(H) produced by a farm participating in an independent animal welfare
certification program;’’;
(2) by amending paragraph (3) to read as follows:
‘‘(3) allow institutions receiving funds under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), including the Department of Defense Fresh
Fruit and Vegetable Program, to—
‘‘(A)(i) use a geographic preference for the procurement of unprocessed ag-
ricultural products, both locally grown and locally raised; or
‘‘(ii) use locally grown, locally raised, or locally caught as a product
specification; and
‘‘(B) procure unprocessed agricultural products that are produced—
‘‘(i) in an environmentally sustainable manner;
‘‘(ii) by a certified organic farm or ranch;
‘‘(iii) by an underserved or limited resource producer;
‘‘(iv) by a small or mid-sized farm that is structured as a family farm;
‘‘(v) by a farm with employees who, as permitted by law, are rep-
resented by a collective bargaining agreement or memorandum of un-
derstanding;
‘‘(vi) by a farm participating in a worker justice certification program;
or
‘‘(vii) by a farm participating in an independent animal welfare cer-
tification program.’’; and
(3) by adding at the end the following:
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) BEGINNING FARMER OR RANCHER.—The term ‘beginning farmer or
rancher’ has the meaning given such term in section 343(a) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1991(a)).
‘‘(B) FAMILY FARM.—The term ‘family farm’ has the meaning given such
term in section 4284.902 of title 7, Code of Federal Regulations (as in effect
on the date of the enactment of this paragraph).
‘‘(C) UNDERSERVED PRODUCER.—The term ‘underserved producer’ means
an individual (including a member of an Indian Tribe) that is—
‘‘(i) a beginning farmer or rancher;
‘‘(ii) a veteran farmer or rancher; or
‘‘(iii) a socially disadvantaged farmer or rancher.
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‘‘(D) VETERAN FARMER OR RANCHER.—The term ‘veteran farmer or ranch-
er’ has the meaning given such term in section 2501(a) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).’’.
SEC. 602. PROCUREMENT TRAINING.
Section 12(m)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(m)(4)) is amended by striking ‘‘fiscal years 2010 through 2015’’ and inserting
‘‘fiscal years 2023 through 2028’’.
SEC. 603. BUY AMERICAN.
Section 12(n) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(n)) is amended by adding at the end the following:
‘‘(5) ADMINISTRATIVE REVIEWS.—
‘‘(A) IN GENERAL.—In conducting the reviews required under section
22(b)(1)(C)(i) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769c(b)(1)(C)(i)), a State agency located in Puerto Rico, Hawaii, or
the contiguous United States shall include the information described in
subparagraph (B) regarding compliance with the requirements under this
subsection.
‘‘(B) INFORMATION REQUIRED.—The information required under subpara-
graph (A) shall include, with respect to a school food authority served by
the State agency—
‘‘(i) the 10 commodities or food products purchased by such school
food authority that—
‘‘(I) are not domestic commodities or food products; and
‘‘(II) make up the largest share of the school food authority’s
spending with respect to commodities or food products; and
‘‘(ii) whether each such commodity or food product—
‘‘(I) is not produced domestically in sufficient quantities of satis-
factory quality to meet the needs of meals provided under the
school lunch program under this Act or the school breakfast pro-
gram under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
‘‘(II) would be significantly higher in price if purchased domesti-
cally; and
‘‘(iii) whether the school food authority experienced suspected, al-
leged, or confirmed noncompliance on the part of a distributor in the
last 12 months.
‘‘(6) ANNUAL NATIONALLY REPRESENTATIVE EVALUATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) annually evaluate in a nationally representative study the extent
to which school food authorities are in compliance with the require-
ments of this subsection; and
‘‘(ii) publish the findings of such evaluation on the publicly available
website of the Department.
‘‘(B) REQUIREMENTS.—The Secretary shall require each school food au-
thority that participates in the evaluation under subparagraph (A) to dis-
close, as part of such evaluation—
‘‘(i) the 10 commodities or food products purchased by such school
food authority that—
‘‘(I) are not domestic commodities or food products; and
‘‘(II) make up the largest share of the school food authority’s
spending with respect to commodities or food products;
‘‘(ii) whether each such commodity or food product—
‘‘(I) is not produced domestically in sufficient quantities of satis-
factory quality to meet the needs of meals provided under the
school lunch program under this Act or the school breakfast pro-
gram under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
‘‘(II) would be significantly higher in price if purchased domesti-
cally; and
‘‘(iii) whether the school food authority experienced suspected, al-
leged, or confirmed noncompliance on the part of a distributor in the
last 12 months.
‘‘(7) STUDY AND REPORT.—The Secretary, in consultation with the Secretary
of Labor and the heads of other Federal agencies determined by the Secretary
to be necessary, shall conduct a study that examines whether the requirement
under this subsection has an impact on the supply of commodities or food prod-
ucts in schools, including with respect to—
‘‘(A) the availability of domestic commodities or food products;
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‘‘(B) the wages, occupational safety and health, and access to and quality
of benefits of agricultural workers;
‘‘(C) the price of locally grown and locally raised domestic commodities or
food products as compared to commodities or food products that are not do-
mestic commodities or food products;
‘‘(D) the prevalence of seasonal foods in schools; and
‘‘(E) the extent to which schools rely on processed commodities and food
products.’’.
SEC. 604. PLANT-BASED FOODS IN SCHOOLS.
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769)
is amended by adding after subsection (c) the following:
‘‘(d) PILOT GRANT PROGRAM FOR 100 PERCENT PLANT-BASED FOOD OPTIONS.—
‘‘(1) PROGRAM AUTHORIZED.—The Secretary shall establish and carry out a
pilot grant program to award grants to eligible school food authorities to carry
out the activities described in paragraph (4).
‘‘(2) IN GENERAL.—
‘‘(A) TERM.—The term of a grant awarded under this subsection shall be
3 years.
‘‘(B) GRANT AMOUNT.—In awarding grants under this subsection, the Sec-
retary shall, to the extent practicable, award grants of diverse amounts.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—To be eligible to receive a grant under this subsection,
an eligible school food authority shall submit to the Secretary an applica-
tion at such time, in such manner, and containing such information as the
Secretary may require, including—
‘‘(i) a participatory evaluation plan; and
‘‘(ii) a plan for providing culturally appropriate meals.
‘‘(B) PRIORITY.—To the maximum extent practicable, in awarding grants
under this subsection, the Secretary shall give priority to an eligible school
food authority that—
‘‘(i) will use the grant funds to—
‘‘(I) serve a high proportion of children who are eligible for free
or reduced price meals;
‘‘(II) demonstrate collaboration with nongovernmental and com-
munity-based organizations, agricultural producers, and other com-
munity partners on the activities described in paragraph (4); and
‘‘(III) incorporate experiential and culturally appropriate food,
nutrition, or agricultural education activities related to 100 percent
plant-based food options in the classroom; and
‘‘(ii) meets any other criteria that the Secretary determines appro-
priate.
‘‘(4) USE OF FUNDS.—A grant awarded under this subsection may be used for
any of the following activities:
‘‘(A) To contract with qualified third parties for professional development
training for food service personnel on serving (including preparing, pro-
curing, marketing, and creating menus) 100 percent plant-based food op-
tions.
‘‘(B) To provide compensation, for each employee who participates in the
professional development training described in subparagraph (A), at the
regular rate of pay of each such employee.
‘‘(C) To provide technical assistance and student engagement and edu-
cation on 100 percent plant-based food options, including providing taste
tests, recipe development, and culinary education.
‘‘(D) To provide compensation for additional work relating to serving
meals that include a 100 percent plant-based food option.
‘‘(E) To conduct outreach to, and cover costs of procurement of foods from,
agricultural producers of 100 percent plant-based food options, including—
‘‘(i) underserved or limited resource producers; and
‘‘(ii) local farmers.
‘‘(5) REPORTS.—
‘‘(A) RECORDKEEPING REQUIRED.—Each eligible school food authority
awarded a grant under this subsection shall keep records of the 100 percent
plant-based food options served pursuant to this subsection as the Secretary
determines appropriate.
‘‘(B) REPORT REQUIRED BY SCHOOL FOOD AUTHORITIES.—Not later than 1
year after receiving a grant under this subsection, and annually for the du-
ration of the pilot grant program thereafter, a school food authority shall
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34
submit to the Secretary a report on the pilot grant program, including infor-
mation on—
‘‘(i) the number of 100 percent plant-based food options that the
school food authority served during the grant period compared with the
preceding school year;
‘‘(ii) the number of schools served by the school food authority pursu-
ant to the grant;
‘‘(iii) the number of students served by the school food authority pur-
suant to the grant; and
‘‘(iv) how the school food authority used the grant funds.
‘‘(C) REPORT BY SECRETARY.—Not later than 1 year after the end of a
school year during which the Secretary receives reports required under sub-
paragraph (B), the Secretary shall submit to Congress a report that in-
cludes a summary of such reports received and such information with re-
spect to the pilot program as the Secretary determines to be relevant.
‘‘(6) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance
and information to assist school food authorities—
‘‘(A) to facilitate the coordination and sharing of information and re-
sources that may be applicable to the activities described in paragraph (4);
and
‘‘(B) to collect and share information on best practices.
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appro-
priated to carry out this subsection $10,000,000 for fiscal year 2024, to remain
available through fiscal year 2028.
‘‘(8) DEFINITIONS.—In this subsection:
‘‘(A) 100 PERCENT PLANT-BASED FOOD OPTION.—The term ‘100 percent
plant-based food option’ means a breakfast or lunch meal option or compo-
nent that—
‘‘(i) includes a meat alternate as described in—
‘‘(I) section 210.10 of title 7, Code of Federal Regulations (or suc-
cessor regulations); or
‘‘(II) appendix A to part 210 of 7, Code of Federal Regulations (or
successor regulations); and
‘‘(ii) does not contain any animal products or byproducts, such as
meat, poultry, honey, fish, dairy, or eggs.
‘‘(B) BEGINNING FARMER OR RANCHER.—The term ‘beginning farmer or
rancher’ has the meaning given such term in section 343(a) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1991(a)).
‘‘(C) ELIGIBLE SCHOOL FOOD AUTHORITY.—The term ‘eligible school food
authority’ means a school food authority for which 50 percent or more of
the students served by such school food authority are eligible for free or re-
duced price lunch under this Act or free or reduced price breakfast under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
‘‘(D) UNDERSERVED PRODUCER.—The term ‘underserved producer’ means
an individual (including a member of an Indian Tribe) that is—
‘‘(i) a beginning farmer or rancher;
‘‘(ii) a veteran farmer or rancher; or
‘‘(iii) a socially disadvantaged farmer or rancher.
‘‘(E) VETERAN FARMER OR RANCHER.—The term ‘veteran farmer or ranch-
er’ has the meaning given such term in section 2501(a) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).’’.
SEC. 605. FOOD WASTE AND NUTRITION EDUCATION.
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(e)) is amended by adding after subsection (d), as added by section 604 of this
Act, the following:
‘‘(e) SCHOOL FOOD WASTE REDUCTION GRANT PROGRAM.—
‘‘(1) GRANT PROGRAM ESTABLISHED.—
‘‘(A) IN GENERAL.—The Secretary shall carry out a program to award
grants, on a competitive basis, to school food authorities to carry out food
waste measurement and reporting, prevention, education, and reduction
projects.
‘‘(B) REGIONAL BALANCE.—In awarding grants under this subsection, the
Secretary shall, to the maximum extent practicable, ensure that—
‘‘(i) a grant is awarded to a school food authority in each region
served by the Administrator of the Food and Nutrition Service; and
‘‘(ii) there is equitable treatment of rural, urban, and tribal commu-
nities.
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‘‘(2) APPLICATION.—To be eligible to receive a grant under this subsection, a
school food authority shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may require.
‘‘(3) PRIORITY.—In awarding grants under this subsection, the Secretary shall
give priority to a school food authority that demonstrates in the application
under paragraph (2) that such school food authority will use the grant to—
‘‘(A) carry out experiential education activities that encourage children
served by such school food authority to participate in food waste measure-
ment and reporting, prevention, education, and reduction projects;
‘‘(B) prioritize the best use of food in accordance with the Food Recovery
Hierarchy published by the Administrator of the Environmental Protection
Agency;
‘‘(C) with respect to food waste measurement and reporting, prevention,
education, and reduction projects, collaborate with other school food au-
thorities, tribes, nongovernmental and community-based organizations, and
other community partners;
‘‘(D) make evaluation plans and evaluate the activities carried out using
grant funds; and
‘‘(E) establish a food waste measurement and reporting, prevention, edu-
cation, and reduction project with the goal of long-term project sustain-
ability.
‘‘(4) USE OF FUNDS.—A school food authority that receives a grant under this
section shall use funds under such grant to carry out at least one of the fol-
lowing:
‘‘(A) Planning and carrying out a food waste measurement and reporting,
prevention, education, and reduction project.
‘‘(B) Providing training to support such a project.
‘‘(C) Purchasing equipment to support such a project.
‘‘(D) Offering food waste education to students served by such school food
authority.
‘‘(5) REQUIREMENT.—A food waste measurement and reporting, prevention,
education, and reduction project funded by a grant under this subsection shall
comply with the nutrition standards for the school lunch program authorized
under this Act and the school breakfast program established by section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773), as applicable.
‘‘(6) REPORTS.—
‘‘(A) SCHOOL FOOD AUTHORITY REPORT.—Not later than 1 year after re-
ceiving a grant under this subsection, and on an annual basis thereafter,
a school food authority shall submit to the Secretary a report that includes
an evaluation of the outcomes of the projects carried out pursuant to such
grant.
‘‘(B) SECRETARY REPORT.—Not later than 1 year after the end of a school
year during which the Secretary receives reports required under subpara-
graph (B), the Secretary shall submit to Congress a report that includes a
summary of the reports received under subparagraph (B) and such informa-
tion with respect to the program as the Secretary determines to be relevant.
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appro-
priated to carry out this subsection $10,000,000 for fiscal year 2024, to remain
available through fiscal year 2028.’’.
SEC. 606. FARM TO SCHOOL GRANT PROGRAM.
Section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(g)) is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) AGRICULTURAL PRODUCER.—The term ‘agricultural producer’ means a
farmer, rancher, or fisher (including of farm-raised fish).
‘‘(B) BEGINNING FARMER OR RANCHER.—The term ‘beginning farmer or
rancher’ has the meaning given such term in section 343(a) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1991(a)).
‘‘(C) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means a school
or institution that participates in a program under this Act or the school
breakfast program established under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773).
‘‘(D) FARM TO SCHOOL PROGRAM.—The term ‘farm to school program’
means a program that—
‘‘(i) benefits an eligible institution, as determined by the Secretary;
and
‘‘(ii) carries out—
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‘‘(I) planting and maintenance of farms or gardens;
‘‘(II) procurement from local agricultural producers; or
‘‘(III) educational activities relating to agriculture, nutrition, or
food.
‘‘(E) UNDERSERVED PRODUCER.—The term ‘underserved producer’ means
an individual (including a member of an Indian Tribe) that is—
‘‘(i) a beginning farmer or rancher;
‘‘(ii) a veteran farmer or rancher; or
‘‘(iii) a socially disadvantaged farmer or rancher.
‘‘(F) VETERAN FARMER OR RANCHER.—The term ‘veteran farmer or ranch-
er’ has the meaning given such term in section 2501(a) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).’’;
(2) in paragraph (2)—
(A) by striking ‘‘schools’’ each place it appears and inserting ‘‘institu-
tions’’;
(B) by inserting ‘‘land-grant colleges and universities,’’ before ‘‘and non-
profit’’; and
(C) by striking ‘‘grants and technical assistance’’ and inserting ‘‘grants,
technical assistance, research, and evaluation’’;
(3) in paragraph (3)—
(A) in subparagraph (A)—
(i) in clause (i), by inserting ‘‘and technical assistance’’ after ‘‘train-
ing’’;
(ii) by redesignating clauses (vi) and (vii) as clauses (viii) and (ix), re-
spectively; and
(iii) by inserting after clause (v) the following:
‘‘(vi) implementing educational activities relating to agriculture, nu-
trition, or food;
‘‘(vii) implementing innovative approaches to aggregation, processing,
transportation, and distribution of food;’’; and
(B) by amending subparagraph (C) to read as follows:
‘‘(C) AWARDS.—
‘‘(i) MAXIMUM AMOUNT.—The total amount provided to a grant recipi-
ent under this subsection shall not exceed $500,000.
‘‘(ii) TERM.—The term of an award shall not exceed 3 years.
‘‘(iii) PURPOSE AND SCOPE.—In making awards under this subsection,
the Secretary shall, to the extent practicable, make awards of diverse
amounts and duration in order to best match the award to the purpose
and scope of the project to be funded.’’;
(4) by striking paragraph (4);
(5) by redesignating paragraphs (5) through (9) as paragraphs (4) through (8),
respectively;
(6) in paragraph (4), as so redesignated—
(A) in the heading, by striking ‘‘CRITERIA FOR SELECTION’’ and inserting
‘‘PRIORITY’’;
(B) in the matter preceding subparagraph (A), by striking ‘‘To the max-
imum extent practicable’’ and inserting the following:
‘‘(A) IN GENERAL.—To the maximum extent practicable’’;
(C) in subparagraph (A), by striking ‘‘school’’ and inserting ‘‘institution’’;
(D) in subparagraph (B), by striking ‘‘lunches’’ and inserting ‘‘meals’’;
(E) by striking subparagraph (C);
(F) in subparagraph (D), by striking ‘‘eligible schools’’ and all that follows
through ‘‘partners’’ and inserting ‘‘eligible institutions, State and local agen-
cies, Tribal organizations and agencies, agricultural producers or groups of
agricultural producers, land-grant colleges and universities, and nonprofit
entities on the activities described in paragraph (3)’’;
(G) in subparagraph (F), by striking ‘‘and’’ at the end;
(H) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and
adjusting the margins accordingly;
(I) by redesignating subparagraphs (D) through (F) as clauses (iv)
through (vi), respectively, and adjusting the margins accordingly;
(J) by inserting after clause (ii), as so redesignated by subparagraph (H),
the following:
‘‘(iii) incorporate experiential, traditional, and culturally appropriate
food, nutrition, or agricultural education activities in curriculum plan-
ning;’’.
(K) by redesignating subparagraph (G) as clause (ix);
(L) by inserting after clause (vi) (as so redesignated) the following:
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‘‘(vii) expand the selection of local commodities for eligible institu-
tions;
‘‘(viii) identify and address chronic diet-related health issues of chil-
dren served by eligible institutions; and’’; and
(M) by adding at the end the following:
‘‘(B) TRIBAL COMMUNITY PROJECTS.—In the case of projects serving Tribal
communities, the Secretary shall, to the maximum extent practicable, give
priority to projects that best utilize products, including traditional foods,
from Tribal agricultural producers, as determined by the Secretary.’’;
(7) in paragraph (6), as so redesignated—
(A) in the matter preceding subparagraph (A), by striking ‘‘The Secretary’’
and all that follows through ‘‘nonprofit entities’’ and inserting the following:
‘‘(A) IN GENERAL.—The Secretary shall provide technical assistance and
information to assist eligible institutions, State and local agencies, Indian
Tribal organizations, agricultural producers or agricultural producer
groups, and nonprofit entities’’;
(B) in subparagraph (B), by striking ‘‘and’’ at the end;
(C) in subparagraph (C), by striking the period at the end and inserting
‘‘; and’’;
(D) by redesignating subparagraphs (A) through (C) as clauses (i) through
(iii), respectively, and adjusting the margins accordingly;
(E) by adding after clause (iii), as so redesignated by subparagraph (D),
the following:
‘‘(iv) to increase awareness of, and participation in, farm to school
programs among agricultural producers or agricultural producer
groups, including—
‘‘(I) underserved or limited resource producers; and
‘‘(II) local farmers.’’; and
(F) by adding at the end the following:
‘‘(B) REVIEW.—
‘‘(i) IN GENERAL.—Not later than 1 year after the date of enactment
of the Healthy Meals, Healthy Kids Act, and every 3 years thereafter,
the Secretary shall submit to the Committee on Agriculture of the
House of Representatives, the Committee on Education and Labor of
the House of Representatives, and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate a report that describes the progress
that has been made in identifying and eliminating barriers related to
developing farm to school programs.
‘‘(ii) REQUIREMENTS.—In preparing the report, the Secretary shall ex-
amine—
‘‘(I) the direct and indirect regulatory compliance costs affecting
the production and marketing of locally or regionally produced ag-
ricultural food products to child nutrition programs;
‘‘(II) barriers to local and regional child nutrition program mar-
ket access for small-scale production;
‘‘(III) barriers to funding projects that meet the criteria described
in paragraph (5)(A);
‘‘(IV) barriers to local and regional child nutrition market access
for Tribal farmers and ranchers; and
‘‘(V) barriers to funding Tribal projects under farm to school pro-
grams.’’;
(8) in paragraph (7), as so redesignated—
(A) in subparagraph (A), by striking ‘‘$5,000,000’’ and inserting
‘‘$15,000,000’’; and
(B) by adding at the end the following:
‘‘(C) ADMINISTRATION.—Of the funds provided to the Secretary under sub-
paragraph (A), not more than 5 percent may be used to pay administrative
costs incurred by the Secretary in carrying out this subsection.’’; and
(9) in paragraph (8), as so redesignated, by striking ‘‘2011 through 2015’’ and
inserting ‘‘2023 through 2028’’.
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TITLE VII—SUPPORTING TRIBES AND FREELY
ASSOCIATED STATES
SEC. 701. TRIBALLY OPERATED MEAL AND SNACK PILOT PROJECT.
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769)
is amended by inserting after subsection (e), as added by section 605 of this Act,
the following:
‘‘(f) TRIBALLY OPERATED MEAL AND SNACK PILOT PROJECT.—
‘‘(1) IN GENERAL.—The Secretary of Agriculture shall establish a pilot project
to award grants to up to 10 eligible entities to prepare such entities to admin-
ister or operate and implement, in covered schools—
‘‘(A) the school lunch program authorized under this Act;
‘‘(B) the child and adult care food program established by section 17 of
this Act;
‘‘(C) the summer food service program for children established by section
13 of this Act; and
‘‘(D) the school breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
‘‘(2) APPLICATION.—To be eligible to participate in the pilot project under this
subsection, an eligible entity shall submit to the Secretary an application at
such time, in such manner, and containing such information as the Secretary
may require.
‘‘(3) CRITERIA FOR SELECTION.—In selecting participants under this sub-
section, the Secretary shall select up to 10 eligible entities that—
‘‘(A) are located in diverse geographic areas; and
‘‘(B) serve Indian tribes of varying population size.
‘‘(4) GRANTS.—
‘‘(A) IN GENERAL.—The Secretary shall award, to each eligible entity se-
lected to participate in the project under this subsection, a grant, of an
amount negotiated with such eligible entity, that is not less than $10,000
and not more than $200,000.
‘‘(B) SUNSET.—The authority of the Secretary to award grants under this
subsection shall terminate on the date that is 5 years after the date on
which the first grant is awarded under this subsection.
‘‘(5) REIMBURSEMENTS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, an eligible
entity participating in the project under this subsection—
‘‘(i) may carry out the programs referenced in subparagraphs (A)
through (D) of paragraph (1);
‘‘(ii) with respect to the school lunch program authorized under this
Act, shall be reimbursed as if it were a State under section 12(f);
‘‘(iii) with respect to the child and adult care food program estab-
lished under this Act, shall be reimbursed as if it were a State under
section 17, including audit funds under subsection (i) of such section;
‘‘(iv) with respect to the summer food service program for children es-
tablished under this Act, shall be reimbursed as if it were a State
under section 13, including administrative funds under subsection (k)
of such section; and
‘‘(v) with respect to the school breakfast program established by sec-
tion 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1733), shall be re-
imbursed as if it were a State under such section.
‘‘(B) ADMINISTRATIVE FUNDS.— An eligible entity that participates in the
project under this subsection may receive administrative funds at a rate
that is consistent with the amount received by a State under section 7 of
the Child Nutrition Act of 1966 (42 U.S.C. 1776).
‘‘(C) TRIBAL OPERATORS.—An eligible entity that is an Indian tribe that
participates in the project under this subsection as direct program operators
shall be reimbursed by the Department.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) BUREAU-FUNDED SCHOOL.—The term ‘Bureau-funded school’ has the
meaning given such term in section 1141 of the Education Amendments of
1978 (25 U.S.C. 2021).
‘‘(B) COVERED SCHOOL.—The term ‘covered school’ means—
‘‘(i) a Bureau-funded school;
‘‘(ii) a school—
‘‘(I) on or in proximity to a reservation; or
‘‘(II) that primarily serves Native American students; and
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‘‘(iii) early care and education facilities, including facilities that par-
ticipate in a Head Start program authorized under the Head Start Act
(42 U.S.C. 9831 et seq.).
‘‘(C) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(i) an Indian tribe or tribal organization approved by an Indian
tribe;
‘‘(ii) a consortium of Indian tribes; and
‘‘(iii) a partnership between—
‘‘(I) an Indian tribe; and
‘‘(II) either—
‘‘(aa) a State educational agency;
‘‘(bb) a local educational agency;
‘‘(cc) a tribal educational agency; or
‘‘(dd) the Bureau of Indian Education.
‘‘(D) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given such
term in section 4 of the Indian Self–Determination and Education Assist-
ance Act (25 U.S.C. 5304).
‘‘(E) SCHOOL.—The term ‘school’ has the meaning given such term in sec-
tion 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d)).
‘‘(F) TRIBAL EDUCATIONAL AGENCY.—The term ‘tribal educational agency’
has the meaning given such term in section 6132(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7452(b)).’’.
SEC. 702. ISLAND AREAS ELIGIBILITY FEASIBILITY STUDY UNDER THE RICHARD B. RUSSELL
NATIONAL SCHOOL LUNCH ACT.
Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769)
is amended by adding at the end the following:
‘‘(l) ISLAND AREAS ELIGIBILITY FEASIBILITY STUDY.—
‘‘(1) IN GENERAL.—Not later than 12 months after the date of the enactment
of this subsection, the Secretary shall begin a feasibility study to assess the
ability and preparedness of the freely associated States to operate—
‘‘(A) the school lunch program authorized under this Act;
‘‘(B) the child and adult care food program established by section 17 of
this Act;
‘‘(C) the summer food service program for children established by section
13 of this Act; and
‘‘(D) the school breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
‘‘(2) CONTENTS.—In conducting the study described in paragraph (1), the Sec-
retary shall consider—
‘‘(A) any new or additional administrative processes and technology need-
ed to implement each program listed under paragraph (1);
‘‘(B) an assessment of preparedness to—
‘‘(i) comply with management evaluations conducted by the Secretary,
acting through the Administrator of the Food and Nutrition Service;
and
‘‘(ii) cooperate in Federal audits and evaluations;
‘‘(C) administrative and financial capability to meet the requirements of
each program listed under paragraph (1);
‘‘(D) ability to oversee each program listed under paragraph (1);
‘‘(E) statutory requirements that require waiver or modification by the
Secretary and the feasibility of carrying out such waivers or modifications;
and
‘‘(F) any other relevant considerations, as determined by the Secretary.
‘‘(3) SUBMISSION.—Not later than 24 months after the date on which the Sec-
retary begins the study under paragraph (1), the Secretary shall—
‘‘(A) complete such study; and
‘‘(B) submit the findings of such study to the Committee on Education
and Labor of the House of Representatives and the Senate Committee on
Agriculture, Nutrition, and Forestry.
‘‘(4) FREELY ASSOCIATED STATE DEFINED.—In this subsection, the term ‘freely
associated State’ means—
‘‘(A) the Federated States of Micronesia;
‘‘(B) the Republic of the Marshall Islands; and
‘‘(C) the Republic of Palau.’’.
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TITLE VIII—ADDRESSING LUNCH SHAMING
AND UNPAID MEAL DEBT
SEC. 801. UNPAID MEAL DEBT.
(a) RETROACTIVE REIMBURSEMENT.—Section 9(b)(9)(C) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)(9)(C)) is amended—
(1) by striking ‘‘Except’’ and inserting the following:
‘‘(i) IN GENERAL.—Except’’;
(2) by redesignating clauses (i) and (ii) as subclauses (I) and (II); and
(3) by adding at the end the following:
‘‘(ii) RETROACTIVITY.—A local educational agency shall revise a pre-
viously submitted meal claim to reflect the eligibility approval of a
child for free or reduced price meals for the period that begins on the
first day of the current school year.
‘‘(iii) MEAL CLAIM DEFINED.—In this subsection, the term ‘meal claim’
means any documentation provided by a school food authority to a
State agency in order to receive reimbursement for the cost of a meal
served to a child by such school food authority.’’.
(b) REDUCING STIGMA ASSOCIATED WITH UNPAID SCHOOL MEAL FEES.—Section
9(b)(10) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(10))
is amended to read as follows:
‘‘(10) REDUCING STIGMA ASSOCIATED WITH UNPAID SCHOOL MEAL FEES.—
‘‘(A) OVERT IDENTIFICATION PROHIBITED.—A local educational agency or
school food authority may not, based on the status of a child as a covered
child—
‘‘(i) physically segregate or otherwise discriminate against such cov-
ered child;
‘‘(ii) overtly identify such covered child—
‘‘(I) through the use of special tokens or tickets; or
‘‘(II) by an announcement or a published list of names; or
‘‘(iii) identify or stigmatize such covered child by any other means.
‘‘(B) ELIGIBILITY DETERMINATION BY LOCAL EDUCATIONAL AGENCY.—For
any covered child who is a member of a household that owes a week or
more of unpaid school meal fees, a local educational agency shall—
‘‘(i) attempt to directly certify such covered child for free meals under
paragraph (4) or (5); or
‘‘(ii) in a case where the local educational agency is not able to di-
rectly certify such covered child under paragraph (4) or (5), provide to
the household of such covered child—
‘‘(I) a household application and applicable descriptive material;
and
‘‘(II) written and oral communications to encourage submission of
the application.
‘‘(C) COLLECTION OF UNPAID SCHOOL MEAL FEES.—In attempting to collect
unpaid school meal fees from a household, a local educational agency or
school food authority may not—
‘‘(i) except as described in subparagraph (D), direct any communica-
tion regarding unpaid school meal fees to a covered child who is a
member of such household;
‘‘(ii) withhold educational opportunities (including grades and partici-
pation in extracurricular activities or local educational agency pro-
grams or services) from, or otherwise stigmatize, a covered child due
to the status of the covered child as a covered child; or
‘‘(iii) use a debt collector (as such term is defined in section 803 of
the Consumer Credit Protection Act (15 U.S.C. 1692a)).
‘‘(D) LETTERS.—A school food authority may require that a covered child
deliver a sealed letter addressed to a parent or guardian of the covered
child that contains a communication relating to unpaid school meal fees,
subject to the condition that the letter shall not be distributed to the cov-
ered child in a manner that stigmatizes the covered child.
‘‘(E) ELIMINATING STIGMA IN MEAL SERVICE.—In providing a meal to a cov-
ered child, a local educational agency or school food authority may not,
based on the status of the covered child as a covered child, dispose of or
take away from the covered child any food that has already been served to
such covered child.
‘‘(F) DEFINITIONS.—In this paragraph:
‘‘(i) COVERED CHILD.—The term ‘covered child’ means a child who—
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‘‘(I) is—
‘‘(aa) enrolled in a school that participates in the school
lunch program under this Act or the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
‘‘(bb) is a member of a household that owes unpaid school
meal fees; or
‘‘(II) is eligible for a free or reduced price lunch under this sec-
tion.
‘‘(ii) UNPAID SCHOOL MEAL FEES.—The term ‘unpaid school meal fees’
means outstanding fees owed by a household to a school food authority
or local educational agency (or both) for lunches under this Act or
breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).’’.
SEC. 802. NATIONAL ADVISORY COUNCIL ON UNPAID MEAL DEBT IN CHILD NUTRITION PRO-
GRAMS.
(a) ESTABLISHMENT.—There is established a National Advisory Council on Unpaid
Meal Debt in Child Nutrition Programs (in this section referred to as the ‘‘Council’’).
(b) DUTIES.—The Council shall provide recommendations, in accordance with sub-
section (g), to the Administrator of the Food and Nutrition Service with respect to
addressing unpaid school meal fees by ensuring that—
(1) students are not stigmatized; and
(2) school food authorities can maintain fiscal solvency in order to ensure the
long-term viability of school meal programs.
(c) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Council shall be composed of 14 mem-
bers appointed by the Secretary as follows:
(A) 2 members shall be school nutrition State agency directors who are
employed in different States;
(B) 2 members shall be school food service directors of a school meal pro-
gram in an urban area who are employed in different States;
(C) 2 members shall be school food service directors of a school meal pro-
gram in a rural area who are employed in different States;
(D) 2 members shall be officials of the Food and Nutrition Service office
of the Department of Agriculture;
(E) 2 members shall be parents or guardians (who are not related to one
another or to the same child) of children who are eligible for free and re-
duced price school meals;
(F) 2 members shall represent organizations with expertise in the school
meal programs; and
(G) 2 members shall be food service professionals who—
(i) work in school cafeterias; and
(ii) maintain daily contact with students, including by preparing or
serving meals or working at registers.
(2) TERMS.—
(A) IN GENERAL.—Each member shall be appointed for the life of the
Council.
(B) VACANCIES.—Any member appointed to fill a vacancy occurring before
the expiration of the life of the Council shall be appointed for the remainder
of the life of the Council.
(d) COMPENSATION.—
(1) IN GENERAL.—Members shall serve without pay.
(2) TRAVEL EXPENSES.— Each member shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) PARENTS OR GUARDIANS.—In the case of a member who is a parent or
guardian appointed under subsection (c)(1)(E), such member, in addition to re-
imbursement under paragraph (2), shall, at the discretion of the Secretary, be
compensated in advance for other personal expenses related to participation on
the Council, including child care expenses and lost wages during scheduled
Council meetings.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this subsection $1,500,000, to remain available through the
date described in subsection (h).
(e) CHAIRPERSON; VICE CHAIRPERSON.—
(1) ELIGIBILITY.—To be eligible for election to Chairperson or Vice Chair-
person of the Council, an individual must be a member of the Council described
in subsection (c)(1).
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(2) ELECTION.—The Chairperson and Vice Chairperson of the Council shall be
elected by such members.
(f) MEETINGS.—
(1) IN GENERAL.—The Council shall meet not fewer than 2 times per year at
the call of the Chairperson.
(2) QUORUM.—5 members of the Council shall constitute a quorum.
(g) REPORT.—
(1) IN GENERAL.—Not later than 3 years after the establishment of the Coun-
cil under subsection (a), the Council shall submit to the Administrator of the
Food and Nutrition Service a report containing the recommendations described
in subsection (b).
(2) GUIDANCE.—Not later than 1 year after the submission of the report under
paragraph (1), the Secretary, acting through the Administrator of the Food and
Nutrition Service, shall use the recommendations contained in such report to
issue guidance with respect to addressing unpaid school meal fees.
(h) TERMINATION.—The Council shall terminate on the date that is 1 day after the
submission of the report required under subsection (g).
(i) TECHNICAL ASSISTANCE.—The Secretary shall provide the Council with such
technical and other assistance, including secretarial and clerical assistance, as may
be required to carry out its functions.
(j) UNPAID SCHOOL MEAL FEES DEFINED.—In this section, the term ‘‘unpaid school
meal fees’’ means outstanding fees owed by a household to a local educational agen-
cy for lunches under this Act or breakfasts under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
TITLE IX—STRENGTHENING EVIDENCE-BASED
NUTRITION STANDARDS
SEC. 901. UPDATING NUTRITION STANDARDS FOR MEAL PATTERNS.
(a) NUTRITION STANDARDS FOR SCHOOL MEALS.—
(1) AMENDMENTS TO THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.—
Section 9(f) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(f)) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘Schools that are participating’’ and inserting the fol-
lowing:
‘‘(A) SCHOOLS PARTICIPATING IN MEAL PROGRAMS.—Schools that are par-
ticipating’’;
(ii) in subparagraph (B)—
(I) by striking ‘‘nutrient’’ and inserting ‘‘dietary’’; and
(II) by striking ‘‘ and food insecurity’’ and inserting ‘‘, food and
nutrition insecurity, or chronic disease’’;
(iii) by redesignating subparagraphs (A) and (B) as clauses (i) and
(ii), respectively, and adjusting the margins accordingly; and
(iv) by adding at the end the following:
‘‘(B) UPDATING STANDARDS.—Not later than 1 year after the first publica-
tion of the Dietary Guidelines for Americans under section 301 of the Na-
tional Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C.
5341) that occurs after the date of the enactment of this subparagraph, and
not less frequently than once every 10 years, or not later than 1 year after
the publication of 2 consecutive updates to the Dietary Guidelines for Amer-
icans published under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341) thereafter, whichever occurs
first, the Secretary shall:
‘‘(i) Enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine to—
‘‘(I) conduct a review of the nutrition standards and require-
ments under paragraph (1); and
‘‘(II) recommend updates to such requirements so that they are
substantially similar to the Dietary Guidelines for Americans pub-
lished under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341), taking into account
the practical application for implementation.
‘‘(ii) Not later than 1 year after the conclusion of the review described
in clause (i)(I), promulgate regulations to update the school nutrition
standards and requirements pursuant to paragraph (1) to align with
the recommendations under clause (i)(II).
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‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be ap-
propriated to carry out subparagraph (B), $3,000,000, for the fiscal year in
which the first publication of the Dietary Guidelines for Americans under
section 301 of the National Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341) occurs after the date of the enactment of this Act,
to remain available until expended.’’;
(B) in paragraph (2)—
(i) by striking ‘‘To assist schools in meeting the requirements of this
subsection, the Secretary’’ and inserting ‘‘Assistance to schools.’’;
(ii) in subparagraph (A)—
(I) by striking ‘‘shall’’ and inserting ‘‘ASSISTANCE REQUIRED.—To
assist schools in meeting the requirements of this subsection, the
Secretary shall’’;
(II) in clause (i), by striking ‘‘and’’ at the end;
(III) in clause (ii), by striking ‘‘and’’ at the end;
(IV) by adding at the end of subparagraph (A) the following:
‘‘(iii) develop and provide to schools best practices, trainings (includ-
ing peer-to-peer trainings), and other resources;
‘‘(iv) implement healthier school environment recognition programs;
and
‘‘(v) work with food manufacturers and retailers to support develop-
ment and increased availability and affordability of products that meet
the nutrition standards; and’’;
(iii) by amending subparagraph (B) to read as follows:
‘‘(B) ASSISTANCE PERMITTED.—
‘‘(i) IN GENERAL.—To assist schools in meeting the requirements of
this subsection, the Secretary may—
‘‘(I) provide to schools information regarding other approaches, as
determined by the Secretary; and
‘‘(II) award grants and monetary incentives to carry out 1 or
more of the following:
‘‘(aa) Improving the nutritional quality of meals and snacks
served under a child nutrition program.
‘‘(bb) Enhancing the nutrition and wellness environment of
institutions participating in a child nutrition program, includ-
ing by reducing the availability of less healthy foods during the
school day.
‘‘(cc) Supporting food systems that supply nutritious foods
and beverages for children in both schools and retail markets,
including those in underserved communities.
‘‘(dd) Funding a statewide nutrition education coordinator to
support individual school food authority nutrition education ef-
forts and to facilitate collaboration with other nutrition edu-
cation efforts in the State.
‘‘(ii) RECIPIENTS.—Grants provided pursuant to clause (i) may be
made available to third party entities that have experience working
with school food service personnel participating in the school lunch pro-
gram authorized under this Act and the school breakfast program es-
tablished by section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773) to provide technical assistance to schools in meeting the goals of
this subparagraph.
‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be
appropriated to carry out grants and monetary incentives pursuant to
clause (i) $30,000,000 for fiscal year 2024, to be available until ex-
pended.’’; and
(C) by striking paragraphs (3) and (4).
(2) AMENDMENTS TO THE CHILD NUTRITION ACT OF 1966.—Section 10(b) of the
Child Nutrition Act of 1966 (42 U.S.C. 1779) is amended—
(A) by striking ‘‘(b) NATIONAL SCHOOL NUTRITION STANDARDS.—’’;
(B) in paragraph (1)—
(i) in subparagraph (A)—
(I) in clause (i)—
(aa) by inserting ‘‘that are consistent with the goals of the
most recent Dietary Guidelines for Americans published under
section 301 of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341)’’ after ‘‘nutrition stand-
ards’’; and
(bb) by striking ‘‘; and’’ and inserting a period;
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(II) by striking ‘‘Secretary shall—’’ and inserting ‘‘Secretary
shall’’;
(III) by striking ‘‘(i) establish science-based’’ and inserting ‘‘estab-
lish science-based’’; and
(IV) by striking clause (ii);
(ii) by striking subparagraph (D);
(iii) by redesignating paragraph (1) as subsection (b) and adjusting
the margins accordingly; and
(iv) by redesignating subparagraphs (A) through (C) as paragraphs
(1) through (3), respectively, and adjusting the margins accordingly;
(C) by adding at the end of subsection (b) (as so redesignated) the fol-
lowing:
‘‘(4) UPDATING STANDARDS.—Not later than 1 year after the first publication
of the Dietary Guidelines for Americans under section 301 of the National Nu-
trition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) that occurs
after the date of the enactment of this subparagraph, and not less frequently
than once every 10 years or not later than 1 year after the publication of 2 con-
secutive updates to the Dietary Guidelines for Americans published under sec-
tion 301 of the National Nutrition Monitoring and Related Research Act of 1990
(7 U.S.C. 5341), thereafter, whichever occurs first, the Secretary shall:
‘‘(A) Enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine to—
‘‘(i) conduct a review of the school nutrition standards and require-
ments established under this subsection; and
‘‘(ii) recommend updates to such standards and requirements so that
they are substantially similar to 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), taking into account the
practical application for implementation.
‘‘(B) Not later than 1 year after the conclusion of the review described in
subparagraph (A)(i), promulgate regulations to update the school nutrition
standards and requirements established under this subsection to align with
the recommendations under subparagraph (A)(ii).
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out paragraph (4), $3,000,000, for the fiscal year in which the
first publication of the Dietary Guidelines for Americans under section 301 of
the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C.
5341) occurs after the date of the enactment of this Act, to remain available
until expended.’’; and
(D) by striking paragraph (2).
(3) APPLICABILITY.—This subsection and the amendments made by this sub-
section shall apply on and after the date on which the first publication of the
Dietary Guidelines for Americans under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) occurs after the
date of the enactment of this Act.
(4) REGULATIONS.—Regulations promulgated pursuant to amendments made
by this subsection to update the nutrition standards and requirements under
the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall not prohibit any
variety of milk that is consistent with the most recent Dietary Guidelines for
Americans.
(b) ADDITIONAL REIMBURSEMENT.—Section 4(b)(3)(D) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1753(b)(3)(D)) is amended—
(1) by striking ‘‘To be eligible’’ and inserting the following:
‘‘(i) IN GENERAL.—To be eligible’’; and
(2) by adding at the end the following:
‘‘(ii) REPORT.—The Secretary shall make publicly available on the
website of the Department and update on an annual basis a list of
school food authorities certified to be in compliance in accordance with
clause (i).’’.
SEC. 902. NON-NUTRITIVE SWEETENERS, SYNTHETIC DYES, AND OTHER POTENTIALLY HARM-
FUL SUBSTANCES IN SCHOOL MEALS.
(a) IN GENERAL.—Not later than 6 months after the date of the enactment of this
section, the Secretary shall seek to enter into an agreement with the National Acad-
emy of Sciences, Engineering, and Medicine (referred to in this section as the ‘‘Na-
tional Academy’’) under which the National Academy shall create and publish the
report described in subsection (b).
(b) REPORT.—The report shall include recommendations for nutrition standards
for the school lunch program authorized under the Richard B. Russell National
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School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program estab-
lished by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) with respect
to non-nutritive sweeteners, synthetics dyes, and other potentially harmful sub-
stances in school meals.
(c) PUBLICATION.—
(1) NATIONAL ACADEMY.—Not later than 1 year after the date on which the
Secretary and the National Academy enter into the agreement described in sub-
section (a), the National Academy shall—
(A) submit the report to the Secretary; and
(B) publish the report.
(2) SECRETARY.—Not later than 30 days after the submission of the report
under paragraph (1)(A), the Secretary shall make such report publicly available
in an easily identifiable place on the website of the Department.
(d) NON-NUTRITIVE SWEETENERS, SYNTHETIC DYES, AND OTHER POTENTIALLY
HARMFUL SUBSTANCES STANDARDS.—Not later than 18 months after the submission
of the report under subsection (c)(1)(A), the Secretary may promulgate proposed reg-
ulations to include standards for non-nutritive sweeteners, synthetic dyes, and other
potentially harmful substances for the school lunch program authorized under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the
school breakfast program established by section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773) based on recommendations made in such report.
TITLE X—OTHER MATTERS
Subtitle A—Programs Under the Richard B.
Russell National School Lunch Act
SEC. 1001. ACCOMMODATING DIETARY REQUIREMENTS.
Section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by amending clause (i) to read as follows:
‘‘(i) shall not—
‘‘(I) be construed to prohibit the substitution of foods to accommo-
date the medical needs of individual students; or
‘‘(II) be construed to prohibit the nutritionally-equivalent substi-
tution of foods to accommodate religiously-based or other special di-
etary needs of individual students; and’’; and
(B) in subparagraph (B), by striking ‘‘lower-fat versions of foods com-
monly used in the school lunch program under this Act’’ and inserting
‘‘foods that comply with the meal patterns prescribed by the Secretary’’; and
(2) in paragraph (2)—
(A) by amending subparagraph (A)(iii) to read as follows:
‘‘(iii) as a reasonable accommodation under the Americans with Dis-
abilities Act (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794), shall provide a substitute for fluid
milk for a student whose disability restricts their diet.’’; and
(B) by amending subparagraph (B) to read as follows:
‘‘(B) OTHER SUBSTITUTIONS.—
‘‘(i) STANDARDS FOR REQUIRED SUBSTITUTION.—
‘‘(I) A school shall substitute, for the fluid milk provided under
subparagraph (A), a nondairy beverage that meets the nutritional
needs of a student for whom fluid milk is not nutritionally appro-
priate due to a medical or other special dietary need other than a
disability described in subparagraph (A)(iii), as determined by the
school in consultation with the parent or legal guardian of such
student.
‘‘(II) A school shall substitute, for the fluid milk provided under
subparagraph (A), a nondairy beverage that is nutritionally equiva-
lent to fluid milk and meets nutritional standards established by
the Secretary if the substitution is requested by written statement
by a parent or legal guardian of such student.
‘‘(ii) STANDARDS FOR DISCRETIONARY SUBSTITUTION.—A school may
offer all students a nondairy beverage as a substitute for fluid milk
that is nutritionally equivalent to fluid milk and meets nutritional
standards established by the Secretary.
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‘‘(iii) EXCESS EXPENSES.—Except as provided in clause (iv), expenses
incurred by providing substitutions under clauses (i) and (ii) that are
in excess of expenses covered by reimbursements under this Act shall
be paid by the school food authority.
‘‘(iv) PILOT PROGRAM.—
‘‘(I) PROGRAM AUTHORIZED.—Not later than 90 days after the
date of the enactment of this subparagraph, the Secretary shall es-
tablish and carry out a pilot grant program to award grants to eli-
gible school food authorities to carry out subclause (III).
‘‘(II) PRIORITY.—In awarding grants under this clause, the Sec-
retary may give priority to—
‘‘(aa) an eligible school food authority that serves high pro-
portions of children who demonstrate high rates of lactose in-
tolerance; and
‘‘(bb) an eligible school food authority that—
‘‘(AA) submits, as part of the application for a grant, a
need for nondairy beverages among its student population
due to dietary reasons; and
‘‘(BB) demonstrates a need for providing nondairy bev-
erages to children by serving a sufficient number (as deter-
mined by the Secretary) of such children.
‘‘(III) USE OF FUNDS.—A school food authority shall use grant
funds awarded under this clause to reimburse the full cost of pro-
viding nondairy beverages as substitutes for fluid milk under
clause (i)(I) incurred by such school food authority.
‘‘(IV) REPORTS.—
‘‘(aa) ANNUAL REPORT BY SCHOOL FOOD AUTHORITY.—Not
later than 1 year after receiving a grant under this clause, and
on an annual basis for the duration of the pilot program there-
after, a school food authority shall submit to the Secretary a
report on the pilot grant program, including information with
respect to—
‘‘(AA) the number of schools served by the school food
authority pursuant to the grant; and
‘‘(BB) the number of students served by the school food
authority pursuant to the grant.
‘‘(bb) FINAL REPORT BY SCHOOL FOOD AUTHORITY.—The report
that is the final report submitted under item (aa) shall include,
in addition to the information required under subitems (AA)
and (BB) of such item—
‘‘(AA) the number of nondairy beverages as substitutes
for fluid milk that the school food authority served during
the grant period; compared with
‘‘(BB) the number of nondairy beverages as substitutes
for fluid milk that the school food authority served during
the school year immediately preceding the start of the
grant period.
‘‘(cc) REPORT BY THE SECRETARY.—Not later than 6 months
after the date described in subclause (V), the Secretary shall
submit to Congress a report that includes a summary of the
information included in the reports received under this sub-
clause and any such information with respect to the pilot pro-
gram the Secretary determines to be relevant.
‘‘(V) SUNSET.—The authority to carry out this clause shall termi-
nate on the date that is 3 years after the date of the enactment
of this subparagraph.
‘‘(VI) ELIGIBLE SCHOOL FOOD AUTHORITY DEFINED.—In this
clause, the term ‘eligible school food authority’ means a school food
authority for which 50 percent or more of the students served by
such school food authority are eligible for free or reduced price
lunch under this Act or free or reduced price breakfast under sec-
tion 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
‘‘(VII) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this clause $2,000,000 for fiscal
year 2024, to remain available until the date described in sub-
clause (V).’’.
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SEC. 1002. DATA PROTECTIONS FOR HOUSEHOLD APPLICATIONS.
Section 9(b)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)(3)(B)) is amended by adding at the end the following:
‘‘(iii) CONFIDENTIALITY STANDARDS.—The confidentiality standards es-
tablished by the Secretary shall ensure—
‘‘(I) the maintenance of reasonable and appropriate administra-
tive, technical, and physical safeguards to ensure the integrity and
confidentiality of information submitted through electronic applica-
tions described in clause (ii);
‘‘(II) protection against security threats or unauthorized uses or
disclosures of the information submitted through such electronic
applications; and
‘‘(III) that data collected by such electronic applications shall be
used only as permitted under paragraph (6).’’.
SEC. 1003. EATING DISORDER PREVENTION.
Section 9A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758b)
is amended—
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘mental health promotion and edu-
cation, including awareness of eating disorders’’ after ‘‘physical activity,’’;
(B) in paragraph (2)(B), by striking ‘‘childhood obesity’’ and inserting
‘‘diet-related illnesses’’; and
(C) in paragraph (3), by inserting ‘‘school-based registered dietitians,
school-based mental health services providers,’’ after ‘‘school administra-
tors,’’;
(2) in subsection (d)—
(A) in paragraph (1)—
(i) by inserting ‘‘and the Administrator of the Substance Abuse and
Mental Health Services Administration’’ after ‘‘Prevention’’; and
(ii) by inserting ‘‘, school health professionals (including school-based
mental health services providers when available)’’ after ‘‘school food au-
thorities’’;
(B) by amending paragraph (2)(C) to read as follows:
‘‘(C) includes such other technical assistance as is required to—
‘‘(i) promote sound nutrition and establish healthy school nutrition
environments; and
‘‘(ii) promote mental health, encourage mental health assessments,
and establish resilient school environments; and’’; and
(C) in paragraph (3)—
(i) in subparagraph (A)—
(I) by striking ‘‘conjunction’’ and inserting ‘‘consultation’’; and
(II) by inserting ‘‘and the Administrator of the Substance Abuse
and Mental Health Services Administration’’ after ‘‘Centers for Dis-
ease Control and Prevention’’;
(ii) in subparagraph (C), by striking ‘‘January 1, 2014,’’ and inserting
‘‘4 years after the date on which funds are first appropriated to carry
out this section after the date of the enactment of the Healthy Meals,
Healthy Kids Act,’’; and
(iii) in subparagraph (D)—
(I) by striking ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’; and
(II) by striking ‘‘2011’’ and inserting ‘‘2024’’.
SEC. 1004. COMPLIANCE AND ACCOUNTABILITY.
Section 22(d) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769c) is amended by striking ‘‘fiscal years 2011 through 2015’’ and inserting ‘‘fiscal
years 2023 through 2028’’.
SEC. 1005. NATIONAL HUNGER HOTLINE AND CLEARINGHOUSE.
Section 26(d) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769g(d)) is amended by striking ‘‘$250,000 for each of fiscal years 2010 through
2023’’ and inserting ‘‘$500,000 for each of fiscal years 2023 through 2028’’.
SEC. 1006. ENSURING ADEQUATE MEAL TIME.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is
amended by adding at the end the following:
‘‘SEC. 30. MEAL TIME STUDY AND GUIDANCE.
‘‘(a) STUDY.—The Secretary shall—
‘‘(1) not later than 1 year after the date on which funds are first appropriated
under subsection (c), enter into an agreement with an independent, non-
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partisan, science-based research organization to carry out a study on the time
lunches are served, recess is offered, and the duration of lunch periods at
schools participating in the school lunch program under this Act; and
‘‘(2) not later than 4 years after the date on which funds are first appro-
priated under subsection (c), publish on the publicly available website of the De-
partment a report that includes the findings of the study required under para-
graph (1).
‘‘(b) DEVELOPMENT AND DISSEMINATION OF BEST PRACTICES.—The Secretary
shall—
‘‘(1) not later than 1 year after the date on which the report required under
subsection (a)(2) is published, in coordination with the Secretary of Education,
establish a task force to—
‘‘(A) review such report;
‘‘(B) review other research relating to the time lunches are served, recess
is offered, and the duration of lunch periods in schools; and
‘‘(C) develop best practices with respect to the time lunches are served,
recess is offered, and the duration of lunch periods in schools to ensure stu-
dent health, including appropriate nutritional intake; and
‘‘(2) not later than 2 years after the date on which the report required under
subsection (a)(2) is published—
‘‘(A) review the best practices developed under paragraph (1)(C); and
‘‘(B) issue guidance with respect to such best practices to schools partici-
pating in the school lunch program under this Act.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated
to carry out this section $1,000,000 for fiscal year 2024, to remain available until
expended.’’.
Subtitle B—Programs Under the Child Nutrition
Act of 1966
SEC. 1011. ENHANCING NUTRITION EDUCATION.
Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is amended—
(1) in subsection (a)—
(A) in paragraph (3), by inserting ‘‘, including training on scratch cook-
ing,’’ after ‘‘provide training’’; and
(B) in paragraph (5), by striking ‘‘helping children to maintain a healthy
weight by’’;
(2) in subsection (h)—
(A) in paragraph (5)(B)—
(i) in clause (i)—
(I) by striking ‘‘educate’’ and inserting ‘‘conduct evidence-based
nutrition education for’’; and
(II) by striking ‘‘of a poor diet and inactivity to obesity and other
health problems’’ and inserting ‘‘between diet, activity, and health’’;
(ii) in clause (iv), by inserting ‘‘ other classroom education,’’ after
‘‘health education,’’;
(iii) in clause (viii), by striking ‘‘and’’ at the end;
(iv) in clause (ix), by striking the period at the end and inserting ‘‘;
and’’; and
(v) by adding at the end the following:
‘‘(x) conduct projects that—
‘‘(I) hire qualified food and nutrition educators to carry out pro-
grams in schools; and
‘‘(II) have the goal of improving student health and nutrition
through such programs.’’; and
(B) by striking paragraph (6);
(3) by striking subsection (k); and
(4) by redesignating subsection (l) as subsection (k).
Subtitle C—Improving Food Donations
SEC. 1021. FOOD DONATION IN SCHOOLS.
Section 9(l) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(l)) is amended—
(1) in paragraph (1)—
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(A) by striking ‘‘local educational agency’’ and inserting ‘‘school food au-
thority’’;
(B) by striking ‘‘eligible local food banks or charitable organizations’’ and
inserting ‘‘nonprofit organizations or individuals in need as determined by
such school or school food authority’’;
(C) by striking ‘‘GENERAL.—Each’’ and inserting the following: ‘‘GEN-
ERAL.—
‘‘(A) FOOD DONATIONS PERMISSIBLE.—Each’’; and
(D) by adding at the end the following:
‘‘(B) USE OF SCHOOL CAMPUS.—The food donated by a school through the
school food authority serving such school pursuant to this paragraph may
be received, stored, and distributed on the campus of such school.’’;
(2) in paragraph (2)(A), by striking ‘‘local educational agencies’’ in each place
it appears and inserting ‘‘school food authorities’’;
(3) in paragraph (3), by striking ‘‘local educational agency’’ and inserting
‘‘school food authority’’; and
(4) by amending paragraph (4) to read as follows:
‘‘(4) DEFINITION.—In this subsection, the term ‘nonprofit organization’ means
an incorporated or unincorporated entity that—
‘‘(A) is operating for religious, charitable, or educational purposes; and
‘‘(B) does not provide net earnings to operate in any other manner that
inures to the benefit of any officer, employee, or shareholder of the entity.’’.
SEC. 1022. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.
Section 22 of the Child Nutrition Act of 1966 (42 U.S.C. 1791) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘quality and labeling’’ and inserting ‘‘safety and safety-
related labeling’’; and
(ii) by inserting ‘‘being past date label,’’ after ‘‘surplus,’’;
(B) in paragraph (2)—
(i) by striking ‘‘quality and labeling’’ and inserting ‘‘safety and safety-
related labeling’’; and
(ii) by inserting ‘‘being past date label,’’ after ‘‘surplus,’’;
(C) in paragraph (3), by adding ‘‘or is charged a good Samaritan Reduced
Price’’ before the period at the end;
(D) in paragraph (4), by striking ‘‘for human’’ and inserting the following:
‘‘for—
‘‘(A) human consumption; or
‘‘(B) pet, emotional support animal, or service animal consumption.’’;
(E) in paragraph (6), by adding ‘‘pet supply,’’ after ‘‘cleaning product,’’;
(F) in paragraph (10), by inserting ‘‘pet food supplier, school, school food
authority,’’ after ‘‘caterer, farmer,’’;
(G) by adding at the end the following:
‘‘(11) EMOTIONAL SUPPORT ANIMAL.—The term ‘emotional support animal’
means an animal that is covered by the exclusion specified in section 5.303 of
title 24, Code of Federal Regulations (or a successor regulation) and that is not
a service animal.
‘‘(12) GOOD SAMARITAN REDUCED PRICE.—The term ‘good Samaritan reduced
price’ means, with respect to an apparently wholesome food or an apparently
fit grocery product, a price that is an amount not greater than the cost of han-
dling, administering, and distributing such food or grocery product.
‘‘(13) PET.—The term ‘pet’ means a domesticated animal that is kept for
pleasure rather than for commercial purposes.
‘‘(14) PET SUPPLIES.—The term ‘pet supplies’ means tangible personal prop-
erty used for the caring of pets.
‘‘(15) QUALIFIED DIRECT DONOR.—The term ‘qualified direct donor’ means a re-
tail grocer, wholesaler, agricultural producer, restaurant, caterer, school food
authority, or institution of higher education (as defined in section 101 or
102(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1001;
1002(a)(1)(B))).
‘‘(16) SERVICE ANIMAL.—The term ‘service animal’ has the meaning given the
term in section 36.104 of title 28, Code of Federal Regulations (or a successor
regulation).’’; and
(H) by reordering paragraphs (1) through (10) and the paragraphs added
by subparagraph (G) of this paragraph in alphabetical order based on the
headings of such paragraphs, and renumbering such paragraphs as so reor-
dered;
(2) in subsection (c)—
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(A) in paragraph (1)—
(i) by inserting ‘‘or State or unit of local government’’ after ‘‘nonprofit
organization’’; and
(ii) by inserting ‘‘or sale at a good Samaritan reduced price’’ after ‘‘ul-
timate distribution’’;
(B) in paragraph (2), by inserting ‘‘or sale at a good Samaritan reduced
price’’ after ‘‘ultimate distribution’’;
(C) by adding after paragraph (2) the following:
‘‘(3) LIABILITY OF STATE OR UNIT OF LOCAL GOVERNMENT.—A State or unit of
local government shall not be subject to liability arising from the nature, age,
packaging, or condition of apparently wholesome food or an apparently fit gro-
cery product that the State or unit of local government received as a donation
in good faith from a person, gleaner, or nonprofit organization for ultimate dis-
tribution to needy individuals.
‘‘(4) DIRECT DONATIONS TO NEEDY INDIVIDUALS.—A qualified direct donor shall
not be subject to civil or criminal liability arising from the nature, age, pack-
aging, or condition of apparently wholesome food or an apparently fit grocery
product that the qualified direct donor donates in good faith to needy individ-
uals.
‘‘(5) LIABILITY WITH RESPECT TO PETS.—
‘‘(A) DONATIONS MADE.—A person or gleaner shall not be subject to civil
or criminal liability arising from the nature, age, packaging, or condition
of food described in subsection (b)(4)(B) or pet supplies that the person or
gleaner donates in good faith to a nonprofit organization or State or unit
of local government for direct distribution to pets.
‘‘(B) DONATIONS RECEIVED.—A nonprofit organization or State or unit of
local government shall not be subject to civil or criminal liability arising
from the nature, age, packaging, or condition of food described in subsection
(b)(4)(B) or pet supplies that the nonprofit organization or State or unit of
local government received as a donation in good faith from a person or
gleaner for direct distribution to pets.’’;
(D) by redesignating paragraph (3) as paragraph (6); and
(E) in paragraph (6), as so redesignated by subparagraph (D)—
(i) by striking ‘‘Paragraphs (1) and (2)’’ and inserting ‘‘Paragraphs (1),
(2), (3), (4), and (5)’’; and
(ii) by inserting ‘‘qualified direct donor, State or local government,’’
after ‘‘person, gleaner,’’; and
(3) in subsection (e)—
(A) by inserting ‘‘or State or unit of local government’’ after ‘‘the nonprofit
organization’’; and
(B) by striking ‘‘quality and labeling’’ in each place it appears and insert-
ing ‘‘safety and safety-related labeling’’.
SEC. 1023. REGULATIONS.
Not later than 180 days after the date of the enactment of this section, the Sec-
retary shall—
(1) in consultation with the Secretary of Health Human Services, issue regu-
lations with respect to the safety and safety-related labeling standards of appar-
ently wholesome food and an apparently fit grocery product under section 22
of the Child Nutrition Act of 1966 (42 U.S.C. 1791);
(2) issue guidance with respect to section 22 of the Child Nutrition Act of
1966 (42 U.S.C. 1791), including promoting awareness of food donation under
such section.
Subtitle D—Miscellaneous
SEC. 1031. TECHNICAL AMENDMENTS.
(a) COMMITTEE ON EDUCATION AND LABOR.—The following Acts are amended by
striking ‘‘Committee on Education and the Workforce’’ each place such term appears
in heading and text and inserting ‘‘Committee on Education and Labor’’:
(1) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(2) The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
(b) OTHER AMENDMENTS.—Section 17(h)(4)(A)(vi) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(4)(A)(vi)) is amended by striking ‘‘and’’ at the end.
(c) CITATION TO SECTION 504 OF REHABILITATION ACT OF 1973.—Section 12(d)(3)
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(3)) is
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amended by striking ‘‘in the’’ and all that follows through the period at the end and
inserting ‘‘in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705).’’
PURPOSE AND SUMMARY
The purpose of H.R. 8450, the Healthy Meals, Healthy Kids Act,
is to modernize and reauthorize federal child nutrition programs to
better meet the needs of children and families.
The Healthy Meals, Healthy Kids Act is a comprehensive reau-
thorization of child nutrition and related programs authorized
under the Richard B. Russell National School Lunch Act 1 and the
Child Nutrition Act of 1966.2 These programs include, but are not
limited to, the National School Lunch Program (NSLP), the Child
and Adult Care Food Program (CACFP), the School Breakfast Pro-
gram (SBP), and the Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC). Collectively, these programs
ensure nutrition security for our nation’s infants and children, and
they provide nutritious meals and snacks in a variety of settings.
Child nutrition programs have not been reauthorized since 2010.
Reauthorization will ensure greater certainty for child nutrition
programs that fill a critical role in meeting the nutrition needs of
children and families and get us closer to achieving our goal of end-
ing child hunger.
H.R. 8450 builds upon the successes of prior child nutrition reau-
thorizations to meet current nutrition needs and respond to new
needs as we emerge from the COVID–19 pandemic. H.R. 8450 ex-
pands school meals and out-of-school feeding programs and
strengthens and expands WIC. This bill ensures alignment with
the Dietary Guidelines for Americans 3 and establishes grant pro-
grams to improve kitchen infrastructure, invest in Farm to School,
and support scratch cooking.
COMMITTEE ACTION
117TH CONGRESS
On May 12, 2021, the Committee on Education and Labor’s
(Committee) Subcommittee on Civil Rights and Human Services
(CRHS Subcommittee) held a hearing titled ‘‘Examining the Poli-
cies and Priorities of the U.S. Department of Agriculture’s Food
and Nutrition Service’’ (May 12 Hearing). The purpose of this hear-
ing was to discuss President Biden’s Fiscal Year (FY) 2022 Budget
proposal for child nutrition programs under the U.S. Department
of Agriculture’s (USDA) Food and Nutrition Service (FNS) as well
as the Biden Administration’s priorities for federal child nutrition
programs. The Subcommittee heard testimony from Ms. Stacy
Dean, Deputy Under Secretary for Food, Nutrition, and Consumer
Services, USDA, Washington, DC.
On June 10, 2021, the CRHS Subcommittee held a hearing titled
‘‘Ending Child Hunger: Priorities for Child Nutrition Reauthoriza-
tion.’’ The purpose of this hearing was to explore ideas for congres-
1 The Richard B. Russell National School Lunch Act, Pub. L. No. 79–396, 60 Stat. (1946) (codi-
fied in scattered sections of 7 U.S.C.).
2 Child Nutrition Act of 1966, Pub. L. No. 89–642, 80 Stat. (1966) (codified in scattered sec-
tions of 7 U.S.C.).
3 U.S. DEP’T OF AGRIC. and U.S. DEP’T OF HEALTH & HUMAN SERVS. Dietary Guidelines for
Americans, 2020–2025. 9th Edition. (December 2020). https://www.dietaryguidelines.gov/sites/de-
fault/files/2020-12/Dietary_Guidelines_for_Americans_2020-2025.pdf.
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52
sional action to end child hunger, including through the reauthor-
ization of federal child nutrition programs and additional federal
investment. The Subcommittee heard testimony from: Mr. Michael
Wilson, Director, Maryland Hunger Solutions, Baltimore, MD; Ms.
Crystal Cooper, Executive Director, Nutrition Support Services in
Chicago Public Schools, Chicago, IL; Mr. Brandon Lipps, Principal,
Caprock Strategies, Alexandria, VA; and Mr. Tom Colicchio, Chef
and Owner, Crafted Hospitality, New York, NY.
On July 28, 2021, the CRHS Subcommittee held a hearing titled
‘‘Food for Thought: Examining Federal Nutrition Programs for
Young Children and Infants.’’ The purpose of this hearing was to
discuss ways to improve and strengthen WIC and CACFP. The
Subcommittee heard testimony from: Ms. Teresa Turner, MS, RD,
LDN, SNS, FAND, Nutritionist, Child and Youth Services, United
States Army, Glen Burnie, MD; Ms. Paula Garrett, MS, RD, Divi-
sion Director for Community Nutrition, Virginia Department of
Health, Richmond, VA; Ms. Jessica Burris, North Carolina WIC
Participant and Breastfeeding Peer Counselor, Montgomery County
Department of Health, Troy, NC; and Mr. Trevor Farrell, Senior
Vice President and Chief Commercial Officer, Americas, Schreiber
Foods, Inc., Green Bay, WI.
On June 23, 2022, the CRHS Subcommittee held a hearing titled
‘‘Examining the Policies and Priorities of the U.S. Department of
Agriculture’s Food and Nutrition Service.’’ The purpose of the hear-
ing was to discuss President Biden’s FY 2023 Budget proposal for
child nutrition programs under FNS as well as the Biden Adminis-
tration’s priorities for federal child nutrition programs. The Sub-
committee heard testimony from Ms. Cindy Long, Administrator,
Food and Nutrition Service, USDA, Washington, DC.
On July 27, 2022, the Committee marked up H.R. 8450. The
Committee considered the following amendments to H.R. 8450:
• Representative Suzanne Bonamici (D–OR–1) offered an
amendment in the nature of a substitute. The amendment was
adopted by voice vote and made the following modifications:
» adds improvement grants and technical assistance to
support direct certification;
» expands the request for information from food service
management companies to include trends in compensation
and benefits and requires the Secretary of Agriculture
(Secretary) to issue a rule regarding food service manage-
ment companies;
» streamlines and clarifies the requirement for school
food authorities to submit a report to the Secretary on the
impact of scratch cooking at the conclusion of the grant pe-
riod;
» adds a prohibition on interchange and transaction
fees on WIC vendors;
» increases WIC back spend authority for food funds,
nutrition services and administration funds, and the WIC
Farmers’ Market Nutrition Program (FMNP);
» adds a maximum FMNP benefit of $100;
» directs the Secretary to award competitive grants to
states to award subgrants to improve nutrition in hard-to-
reach areas under the Summer Food Service Program
(SFSP);
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53
» allows SFSP to operate at school sites during unan-
ticipated closures;
» clarifies the application for the Summer Electronic
Benefits Transfer (Summer EBT) Program;
» directs the Secretary to provide Summer EBT Pro-
gram implementation grants to states and Indian Tribal
organizations in FY 2023;
» requires school food authorities, in the context of ad-
ministrative reviews and surveys, to note if they have ex-
perienced suspected, alleged, or confirmed noncompliance
with Buy American requirements on the part of a dis-
tributor in the last 12 months;
» changes the timeframe in which the Secretary sub-
mits a report to Congress regarding the school food waste
reduction grant program;
» increases the maximum Farm to School grant award
to $500,000 and removes the match requirement;
» updates the reimbursement amounts for the tribally
operated meal and snack pilot project to include adminis-
trative funds for SFSP;
» updates the definitions of Indian Tribe and Tribal Op-
erator;
» updates the definition of a covered child under the un-
paid meal debt provision;
» updates the requirements for the Island Areas Eligi-
bility Feasibility Study;
» clarifies the process and timing for updating the nu-
trition standards and adds a National Academies of
Sciences, Engineering, and Medicine study as part of the
process to ensure that school nutrition standards align
with the Dietary Guidelines for Americans (DGAs);
» adds a requirement for the Secretary to annually post
a list of schools in compliance with nutrition standards on
the USDA website;
» includes additional language to ensure milk varieties
consistent with the DGAs are made available; and
» makes minor and technical changes throughout.
• Chairman Bobby Scott (D–VA–3) offered a Democratic
Manager’s Amendment. The amendment was adopted by voice
vote and made the following modifications:
» allows a state to establish a system for statewide on-
line application to determine eligibility for free or reduced
price meals;
» makes technical corrections to the commodity assist-
ance provisions;
» allows non-school sponsors under SFSP to utilize the
offer versus serve provision;
» makes minor and technical changes to the Summer
EBT Program, CACFP, and the plant-based foods grant
program;
» adds appropriations to provide technical assistance to
support the healthy food initiative and improve the nutri-
tional quality of meals served in schools, including funding
for a statewide nutrition education coordinator;
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54
» clarifies that non-dairy alternatives (when not pro-
vided for a medical reason or dietary reason) must be nu-
tritionally equivalent to fluid milk and meet nutritional
standards established by the Secretary;
» clarifies the application of the food donation provi-
sions to instances where donations are given to animal
shelters; and
» makes minor and technical changes throughout.
• Representative Lisa McClain (R–MI–10) offered an amend-
ment to allow any vegetable to be substituted for fruit in the
School Breakfast Program. The amendment was withdrawn.
• Representative Glenn Thompson (R–PA–15) offered an
amendment to allow any milk to be served in certain school
meals programs and provided through WIC. The amendment
was defeated by voice vote.
• Representative Tim Walberg (R–MI–7) offered an amend-
ment to ensure that schools may make food substitutions for
religious dietary needs. The amendment was adopted by voice
vote.
• Representative Bob Good (R–VA–5) offered an amendment
to require nutrition regulations promulgated under the bill to
make grain-based desserts eligible for reimbursement. The
amendment was withdrawn.
• Representative McClain offered an amendment to prohibit
changes in the bill from taking effect until an independent
economist certifies that the bill will not increase inflation and
inflation drops to two percent or below. The amendment was
defeated by a vote of 19 Yeas and 27 Nays.
• Representative Diana Harshbarger (R–TN–1) offered an
amendment to require a feasibility study prior to the issuance
of new or updated regulations on school meal programs to de-
termine if potential nutrition standards would impact cost or
increase food waste and to examine the time necessary for
school meal program operators to have food that meets the
standards available for purchase. The amendment was de-
feated by a vote of 19 Yeas and 27 Nays.
• Representative Elise Stefanik (R–NY–21) offered an
amendment to require WIC to contract with two infant formula
manufacturers per state or state consortia. The amendment
was defeated by a vote of 20 Yeas and 24 Nays.
• Representative Glenn Grothman (R–WI–6) offered an
amendment to prohibit the enforcement of the May 25, 2022,
memorandum on Title IX enforcement as it relates to child nu-
trition programs. The amendment was defeated by a vote of 20
Yeas and 25 Nays.
• Representative Mary Miller (R–IL–15) offered an amend-
ment to strike the word ‘‘individual’’ in each place it appears
in the definitions of ‘‘breastfeeding woman’’ and ‘‘postpartum
woman’’ and insert ‘‘woman’’ in each instance and strike the
definition of ‘‘pregnant woman.’’ The amendment was defeated
by a vote of 20 Yeas and 25 Nays.
The Committee voted to report H.R. 8450 favorably, as amended,
to the House of Representatives by a vote of 27 Yeas and 19 Nays.
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55
COMMITTEE VIEWS
Since the 1930s, the federal government has invested in pro-
grams to feed children, beginning with aid provided to support
school lunch programs.4 These programs have evolved, and today,
federal child nutrition programs are generally authorized in two
federal statutes. The Richard B. Russell National School Lunch
Act 5 was first signed into law by President Truman in 1946 to cre-
ate the NSLP to bolster national security threatened by rampant
malnutrition among military recruits. The Child Nutrition Act of
1966 6 later authorized the SBP and other relevant programs. All
of these programs are administered by USDA. Both statutes are
generally reauthorized by Congress at the same time in a process
commonly referred to as Child Nutrition Reauthorization (CNR).
The most recent CNR was the Healthy Hunger-Free Kids Act of
2010 (HHFKA), which received bipartisan congressional support
and was signed into law by President Obama on December 13,
2010.7 After September 30, 2015, that authorization lapsed. Still,
with few exceptions, the child nutrition programs continue to oper-
ate without disruption through annual appropriations. The Healthy
Meals, Healthy Kids Act provides an opportunity to address issues
that could not have been forecasted when HHKFA was enacted,
such as meeting the nutrition needs of our nation’s children amidst
a public health crisis. This reauthorization is an important oppor-
tunity for Congress to assess what is working from the prior reau-
thorization—which expired nearly seven years ago—and build upon
lessons learned to address the current reality of child nutrition pro-
grams.
The critical role of federal nutrition programs in ensuring the
food security and health of children was made clear during the
COVID–19 pandemic. As the nation emerges from this public
health and economic crisis, Congress must take action to ensure
that families continue to receive the support they need by expand-
ing access to federal child nutrition programs. H.R. 8450 imple-
ments the lessons from the pandemic as well as the changing land-
scape over the past seven years since the prior authorization to
modernize the programs and ensure that they can meet the needs
of children and families today. Fundamentally, H.R. 8450 is a com-
prehensive and long overdue six-year child nutrition reauthoriza-
tion that invests in the nation’s future.
EXPANDING AND PROTECTING ACCESS TO SCHOOL MEALS
Federal school meal programs provide reimbursement to schools
that provide healthy meals to students. Meals are served to all
children in schools that participate in the programs and the reim-
bursement rate varies based on whether the meal is provided to a
student who qualifies for free or reduced price meals. USDA sets
income eligibility guidelines annually based upon the federal pov-
4 Kara Clifford Billings, School Meals and Other Child Nutrition Programs: Background and
Funding (R46234v8), CONG. RSCH. SERV. (2022), https://crsreports.congress.gov/product/pdf/R/
R46234.
5 The Richard B. Russell National School Lunch Act, Pub. L. No. 79–396, 60 Stat. (1946) (codi-
fied in scattered sections of 7 U.S.C.).
6 Child Nutrition Act of 1966, Pub. L. No. 89–642, 80 Stat. (1966) (codified in scattered sec-
tions of 7 U.S.C.).
7 Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111–296, 124 Stat. 3183 (2010) (codified
in scattered sections of 7 U.S.C., 20 U.S.C. and 42 U.S.C.).
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56
erty guidelines that determine whether a child is eligible for free
or reduced price meals. Families making under 130 percent of the
federal poverty guidelines qualify for free meals and families mak-
ing between 185 and 130 percent of the federal poverty guidelines
qualify for reduced price lunch. A child can be certified for a free
or reduced price meal through household income eligibility typically
through household applications, categorical (or automatic) eligi-
bility via household applications or direct certification, or the com-
munity eligibility provision (CEP).
In 2019, roughly 30 million children participated in the NSLP
daily and nearly 15 million children participated in the SBP.8
These programs are especially impactful for children from low-in-
come and food insecure families, as children who participate in
SBP and NLSP receive over half of their daily energy intake from
school.9 School meal programs have multiple benefits to children
including increasing focus in the classroom, improving educational
outcomes, and reducing food insecurity.10 Additionally, children
who participate in school meal programs consume more whole
grains, fruits, and vegetables and have a better overall diet than
children who do not participate in school meals.11
Building on the Success of Community Eligibility
CEP was first authorized in 2010 and was available nationwide
beginning July 1, 2014.12 CEP allows schools and local educational
agencies (LEAs) to provide free breakfast and lunch to all enrolled
students if more than 40 percent of the students are directly cer-
tified for free school meals by virtue of their household participa-
tion in other means-tested programs, such as the Supplemental
Nutrition Assistance Program (SNAP) or Temporary Assistance for
Needy Families (TANF). The percentage of children who are di-
rectly certified is called the identified student percentage (ISP).
States may also opt-in to use Medicaid data through a USDA dem-
onstration project to evaluate the use of Medicaid eligibility data
to directly certify children for free or reduced price school meals.
Community eligibility has been linked to positive outcomes for
students, including lower disciplinary rates and healthier body
mass indexes.13 CEP helps fight the stigma of receiving free and
reduced price meals by providing universal benefits without having
to prove eligibility. Additionally, many immigrant families have in-
dicated reluctance to complete meal applications due to their immi-
gration status.14 CEP also reduces barriers for families since it
8 National Level Annual Summary Tables: FY 1969–2021, U.S. DEP’T OF AGRIC. FOOD & NU-
TRITION SERV. (Jul. 8, 2022), https://www.fns.usda.gov/ pd/child-nutrition-tables.
9 The Importance of School Meals, NO KID HUNGRY (last visited Aug. 5, 2022), https://
state.nokidhungry.org/new-york/wp-content/uploads/sites/16/2020/08/Importance-of-School-Meals
.pdf.
10 Why School Meals?, HUNGER FREE VERMONT (last visited Aug. 5, 2022), https://
www.hungerfreevt.org/why-school-meals#:∼:text=School%20meals%20are%20a
%20powerful,sources%20or %20pack%20from%20home.
11 School Nutrition And Meal Cost Study: Volume 4—Student Participation, Satisfaction, And
Dietary Intakes, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV. (Apr. 2019), https://fns-
prod.azureedge.us/ sites/default/ files/resource-files/ SNMCS-Volume4-Summary.pdf.
12 The Community Eligibility Provision (CEP): What Does It Mean For Your School or Local
Educational Agency?, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV. (Apr. 19, 2019), https://
www.fns.usda.gov/cn/community-eligibility-provision.
13 Amelie A. Hecht et.al., Impact of The Community Eligibility Provision of the Healthy, Hun-
ger-Free Kids Act on Student Nutrition, Behavior, and Academic Outcomes: 2011–2019, 110 AM.
J. OF PUB. HEALTH, 1405, 1407 (2020).
14 Cecibel Henriquez, New Report Shows that Fear in Immigrant Communities Kept Children
from Getting the Food They Needed, NO KID HUNGRY (Dec. 9, 2021), https://
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57
eliminates the need for families to spend time filling out paper-
work. Schools benefit from CEP as school personnel enjoy more
streamlined meal programs and less administrative work. Finally,
healthier meals for students have shown to increase scores on
achievement tests.15
When utilizing CEP, schools are reimbursed based on an esti-
mate of the number of students eligible for free school meals using
a multiplier of 1.6 times the ISP. Schools with lower ISPs do not
always see CEP as a financially viable option; in some areas of the
country, an estimated 30 percent of eligible schools do not elect to
participate in CEP.16 H.R. 8450 increases the multiplier used to de-
termine school reimbursement rates from 1.6 to 2.5, thereby in-
creasing the reimbursement level for schools and incentivizing
more schools to participate. An increase in the multiplier encour-
ages CEP participation in school districts with high costs for pro-
ducing meals, such as rural districts that often have smaller econo-
mies of scale and limited food purchasing and transportation op-
tions.17
Additionally, H.R. 8450 lowers the participation threshold for
schools from 40 percent to 25 percent of identified students and al-
lows statewide election of CEP. A new statewide CEP option would
ensure that states with high child poverty rates can administer the
school breakfast and lunch programs more effectively.18 It also en-
sures that low-income students can easily receive free meals re-
gardless of whether they transfer schools or poverty is not con-
centrated in their area.19
Expanding Direct Certification
Direct certification allows children from low-income families to
access free school meals without having to complete an additional
application if they are already participating in certain benefits pro-
grams. Direct certification is therefore beneficial for both schools
and families as it does not require any individual household paper-
work. Instead, states and school districts use data-matching be-
tween school enrollment information and state agency program en-
rollment at least three times per year.20 USDA introduced the pol-
icy of direct certification for free meals in the late 1980s.21 In 2004,
Congress began requiring school districts to directly certify children
residing in households that receive SNAP benefits, and HHFKA re-
www.nokidhungry.org/blog/new-report-shows-fear-immigrant-communities-kept-children-getting-
food-they-needed.
15 Michael L. Anderson et al., School Meal Quality and Academic Performance, UC BERKELEY
(Oct. 23, 2018), https://are.berkeley.edu/∼mlanderson/pdf/school_lunch.pdf.
16 Community Eligibility: The Key to Hunger-Free Schools: School Year 2019–2020, FOOD
RSCH. & ACTION CTR. (May 2020), https://frac.org/cep-report-2020.
17 Zoë Neuberger, American Families Plan Could Substantially Reduce Children’s Food Hard-
ship, CTR. ON BUDGET & POL’Y PRIORITIES (May 2020), https://www.cbpp.org/sites/default/files/
5-21-21pov.pdf.
18 Emily Gutierrez, The States That Need It Most Might Not Enroll in Statewide Free Meals,
URB. INST. (Nov. 2021), https://www.urban.org/sites/default/files/publication/105065/the-states-
that-need-it-most-might-not-enroll-in-statewide-free-meals.pdf.
19 Zoë Neuberger, Nutrition Provisions in New House Build Back Better Legislation Could
Substantially Reduce Children’s Food Hardship, CTR. ON BUDGET & POL’Y PRIORITIES (Nov.
2021), https://www.cbpp.org/sites/default/files/11-5-21fa.pdf.
20 Alison Maurice, Direct Certification Improves Low-Income Student Access to School Meals:
An Updated Guide to Direct Certification, FOOD RSCH. & ACTION CTR. (Nov. 2018), https://
frac.org/wp-content/uploads/direct-cert-improves-low-income-school-meal-access.pdf.
21 Philip Gleason et al., Direct Certification in the National School Lunch Program—Impacts
on Program Access and Integrity, MATHEMATICA (2003), https://www.ers.usda.gov/webdocs/publi-
cations/43317/15905_efan03009fm_1_.pdf?v=0.
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58
quired states to directly certify at least 95 percent of children resid-
ing in households that receive SNAP benefits by the 2013–2014
school year.22 HHFKA also created a pilot program for states to
use Medicaid data for direct certification in addition to SNAP data.
In 2020, USDA found that 1.2 million students were directly cer-
tified for free meals based on access to Medicaid data in the 13
states that had opted into the pilot.23 Over the years, USDA and
Congress have empowered states to include additional data in their
direct certification process, such as TANF and foster care data.24
As a result of expanding direct certification, state administrative
costs decreased over the 2019–2020 school year.25
H.R. 8450 builds on the success of direct certification by dis-
continuing the Medicaid pilot program and permanently allowing
children in Medicaid to directly qualify to receive free or reduced
price meals. Under the bill, children who are enrolled in Medicaid
and are members of households with incomes at or below 133 per-
cent of the poverty line, or who are eligible to receive assistance
under Medicaid by virtue of receiving Adoption Assistance, Social
Security Income, or Guardianship Assistance can be directly cer-
tified to receive free school meals. The bill also allows children who
are enrolled in Medicaid and who are members of households with
incomes between 133 and 185 percent of the poverty line to be di-
rectly certified for reduced price meals.
Addressing Lunch Shaming and Unpaid Meal Debt
Not every child who is food insecure qualifies for free or reduced
price school meals. An estimated 29 percent of individuals who are
food insecure live in a household with an income that makes them
unlikely to qualify for federal assistance.26 Many students can
begin accumulating a negative balance on their school meal ac-
count and, in fact, 75 percent of school districts surveyed by the
School Nutrition Association in 2019 reported that they had out-
standing school lunch debts.27 Reports have indicated that students
who were unable to pay have had their food thrown away, been
subjected to wearing wristbands and stamps, and have had their
extracurricular activities limited.28
The notion of shaming, embarrassing, and penalizing students
and families struggling to afford school meals is unacceptable. H.R.
8450 prohibits these alienating practices and requires schools to at-
tempt to directly certify students with unpaid meal debt. The legis-
lation also allows schools to be retroactively reimbursed for meals
served once a child is deemed eligible and necessary documentation
is provided by the School Food Authority (SFA)—the administering
22 Madeline Levin and Zoë Neuberger, Improving Direct Certification Will Help More Low-In-
come Children Receive School Meals, CTR. ON BUDGET & POL’Y PRIORITIES (July 2014), https://
www.cbpp.org/sites/default/files/atoms/files/7-25-14fa.pdf.
23 Lara Hulsey et al., Direct Certification with Medicaid for Free and Reduced-Price Meals
(DCM–F/RP) Demonstration, School Year 2019–2020 Report, MATHEMATICA (Mar. 2022), https://
www.fns.usda.gov/cn/usda-dcm-frp-demonstration.
24 Levin and Neuberger, supra note 22.
25 Hulsey, supra note 23.
26 Craig Gunderson et al., Map The Meal Gap 2019, FEEDING AM. (2019), https://
www.feedingamerica.org/sites/default/files/2019-05/2017-map-the-meal-gap-all-modules_0.pdf.
27 SCH. NUTRITION ASS’N., School Meal Trends & Stats, (last visited Aug. 5, 2022), https://
schoolnutrition.org/aboutschoolmeals/schoolmealtrendsstats/#6.
28 Crystal FitzSimons, School Lunch Debt and Lunch Shaming Is a Problem That Needs a Na-
tional Solution, NBC NEWS (Oct. 16, 2019), https://www.nbcnews.com/think/opinion/school-lunch-
debt-lunch-shaming-problem-needs-national-solution-ncna1066461.
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59
unit for the operation of a school feeding program—to the state
agency. Additionally, H.R. 8450 establishes an advisory council to
provide recommendations to the Department on addressing unpaid
meal debt that ensures that no student is stigmatized and that
school food authorities can maintain fiscal solvency.
Providing Flexibility During Qualified Emergencies
During the COVID–19 pandemic, the USDA’s FNS has provided
various waivers to child nutrition program operators to allow them
to adjust and react to the complexities arising from the pandemic.29
Many of these administrative simplifications—such as waiving cer-
tain reporting requirements—have eased the burden on operators
during these challenging and uncertain times. H.R. 8450 provides
the Secretary with the authority to waive certain statutory or regu-
latory requirements under child nutrition programs on a state-by-
state or national level in the event of a qualifying emergency, such
as a public health emergency or a federally declared natural dis-
aster. This authority is temporary and limited to respond to ex-
tenuating circumstances and prevent meal disruption.
INVESTING IN SCHOOL MEAL CAPACITY
Ongoing supply chain disruptions that began in 2020 persist as
a result of pandemic related interruptions in production and re-
gional instability in areas with high exports of wheat, including
Ukraine.30 As a result, SFAs have been increasingly concerned
about supply shortages and have been forced to make last minute
arrangements to accommodate supply challenges (e.g., delayed and
incorrect deliveries).31 H.R. 8450 increases the reimbursement rate
for school lunches by ten cents and provides six cents in commodity
assistance per school breakfast. These increases reduce the pres-
sure on schools as they try to keep pace with rising costs. Such in-
vestments are crucial to ensuring school food service directors have
the means to serve meals that meet or exceed the nutrition stand-
ards consistent with the DGAs.32 Additionally, H.R. 8450 provides
grants for the purchase of kitchen equipment and software to sup-
port the establishment, maintenance, and expansion of child nutri-
tion programs in schools. Separately, school food authorities can re-
ceive subgrants from state agencies to purchase or improve equip-
ment needed to serve healthy meals. These new grant programs
will help schools improve food safety and promote scratch cooking
to better serve nutritious meals.
Investing in Local Communities and Sustainability
H.R. 8450 ensures schools have the financial means and tech-
nical assistance to not only serve kids nutritious, fresh, and appeal-
ing meals, but support local producers and communities. SFAs na-
29 U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV. FNS Responds to COVID–19 (last visited
Aug. 5, 2022), https://www.fns.usda.gov/coronavirus.
30 Press Release, U.S. Dep’t of Agric., USDA Announces Framework for Shoring Up the Food
Supply Chain and Transforming the Food System to Be Fairer, More Competitive, More Resil-
ient (June 1, 2022), https://www.usda.gov/media/press-releases/2022/06/01/usda-announces-
framework-shoring-food-supply-chain-and-transforming.
31 SCH. NUTRITION ASS’N., SCH. NUTRITION FOUNDATION, AND NO KID HUNGRY, Staying Afloat
in a Prefect Storm: The K–12 School Nutrition Segment Contends with Historic Supply Chal-
lenges, (2022), https://schoolnutrition.org/resource/2022-supply-chain-report-staying-afloat-in-a-
perfect-storm/.
32 Id.
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60
tionwide spent over $1 billion on local foods during the 2018–2019
school year.33 Under the Buy American provisions in the National
School Lunch Act,34 SFAs in the continental United States are re-
quired to purchase domestic agriculture commodities and food
products to the ‘‘maximum extent practicable.’’ 35 There are two ex-
ceptions to the Buy American rule: (1) when a product is not pro-
duced or manufactured in the U.S. in sufficiently available quan-
tities, and (2) when costs are significantly higher to buy a domestic
product.36 While purchasing domestically benefits local commu-
nities and empowers farmers and their families, a lack of clarity
surrounding compliance requirements has stymied enforcement,
among other challenges. To support local procurement and local
farmers, H.R. 8450 clarifies Buy American requirements for SFAs
in the context of existing administrative review processes. The bill
also allows the Secretary to obtain information on the availability
of domestically-produced products and where cost differentials be-
tween domestically-produced and foreign goods are prohibitive. Ad-
ditionally, the bill allows SFAs to report suspected, alleged, or con-
firmed noncompliance on the part of food distributors. Together,
these provisions clarify existing standards for Buy American com-
pliance, collect compliance information in a way that is usable and
meaningful for both states and USDA, and enable adequate over-
sight of the law.
H.R. 8450 expands the list of criteria institutions are encouraged
to use to purchase food for their school meal programs, such as un-
processed foods that were locally grown and raised, foods produced
sustainably or organically, or foods produced by a small farm or un-
derserved producer. In addition, H.R. 8450 invests in the proven
success of the Farm to School Program. First authorized in 2010,
Farm to School familiarizes students with where their food comes
from through education activities, taste tests, school gardens, field
trips, and local procurement.37 Schools participating in the Farm to
School Program have reported benefits, including higher quality
meals, increased student awareness of healthy food and agri-
culture, lower program costs, and reduced food waste.38 Schools
have also experienced how the Farm to School Program can greatly
benefit the surrounding communities, through job creation and in-
creased economic resiliency.39 In recent years, participation in the
program has increased, with an estimated two-thirds of SFAs par-
ticipating in the 2018–2019 school year and an increase to nearly
three-fourths for the 2019–2020 school year.40 H.R. 8450 makes an
important investment in this program by tripling the grant author-
33 Farm to School Census Results Overview, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV.
(last visited Jul. 15, 2022), https://farmtoschoolcensus.fns.usda.gov/census-results-overview.
34 Richard B. Russell National School Lunch Act. 79 P.L. 396, 60 Stat. 230 (2010) (codified
in scattered sections of 7 U.S.C, 20 U.S.C. and 42 U.S.C.).
35 Buy American Provision Fact Sheet, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV. (2019),
https://fns-prod.azureedge.us/sites/default/files/resource-files/FactSheet_BuyAmerican.pdf; 42
U.S.C. § 1760(n).
36 Compliance with and Enforcement of the Buy American Provision in the NSLP, U.S. DEP’T
OF AGRIC. FOOD & NUTRITION SERV. (2017), https://www.fns.usda.gov/nslp/compliance-enforce-
ment-buy-american.
37 The USDA Farm to School Grant Program, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV.
(2021), https://fns-prod.azureedge.us/sites/default/files/resource-files/USDA_OCFS_FactSheet_
GrantProgram_508.pdf.
38 Ellen Bobronnikov et al., 2019 Farm to School Census, ABT ASSOCIATES (2019), https://fns-
prod.azureedge.us/sites/default/files/resource-files/2019-Farm-to-School-Census.pdf.
39 Id., at 38.
40 Id., at 38.
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61
ization level from $5,000,000 to $15,000,000 per year, striking the
match requirement, and increasing the maximum grant to
$500,000.41
Supporting Equitable Procurement and Improving Meal Practices
H.R. 8450 extends the authorization of procurement training
funding to ensure compliance with Buy American requirements,
procurement of safe foods, and support for procurement of goods
and services for programs under the Child Nutrition Act of 1966.
Education surrounding sustainable practices can empower children
and their families to make informed and environmentally friendly
choices and shift toward more equitable and sustainable prac-
tices.42 H.R. 8450 also establishes a grant program to carry out
food waste management and reporting, prevention, education, and
reduction projects in schools. While increased food waste is some-
times attributed to strong nutrition standards, a 2014 report re-
vealed that the updated school meal standards that went into effect
in 2012 did not result in increased food waste.43 A 2019 study on
the barriers and motivators of food waste revealed that poor food
preparation and cooking methods, lack of food choices, and school
policies around meal time increased food waste in schools.44 To
support food waste reduction efforts directly, H.R. 8450 takes steps
to improve the capacity of school kitchens and thereby schools’ abil-
ity to serve healthy and appealing foods. The bill establishes a
grant program for school food authorities to promote scratch cook-
ing through a variety of activities, including offering professional
development, compensating employees for additional food prepara-
tion, and providing technical assistance and student education.
For schools committed to environmental sustainability and lim-
iting pollution, H.R. 8450 establishes a pilot grant program to sup-
port plant-based foods in schools participating in NSLP. Research
has shown that transitioning to a lower carbon food diet is essen-
tial to meeting global environmental targets as the food and agri-
culture sector accounts for between 21 and 37 percent of global
greenhouse gas emissions.45 Given that 30 million children are
served through NSLP,46 the program is uniquely situated to play
a role in mitigating greenhouse emissions and subsequent environ-
mental impacts. Additionally, many schools are interested in ex-
ploring more plant-based options since studies have shown that
consuming plant-based foods reduces the risk of diabetes and car-
diovascular disease, maintain a healthy weight, and protect against
41 The Committee notes that the H.R. 8239, Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2023, which passed the House Com-
mittee on Appropriations on June 23, 2022, also increased the maximum grant award to
$500,000.
42 Child Nutrition Act Reauthorization—2022, NAT’L FARM TO SCHOOL NETWORK (last visited
Aug. 5, 2022), https://www.farmtoschool.org/policy/cnr2022.
43 Juliana Cohen et al., Impact of the New U.S. Department of Agriculture School Meal Stand-
ards on Food Selection, Consumption, and Waste, 46 AM. J. OF PREVENTIVE MEDICINE 388, 388
(2014).
44 Chenchen Zhao et al., Plate Waste in School Lunch: Barriers, Motivators, and Perspectives
of SNAP–Eligible Early Adolescents in the US, 51 J. OF NUTRITION EDUC. AND BEHAVIOR 967,
967 (2019).
45 Chaopeng Hong et al., Global And Regional Drivers Of Land-Use Emissions In 1961–2017.
589 NATURE 554, 554 (2021).
46 U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV., supra note 4.
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62
certain cancers and diseases.47 Plant-based diets have also been
identified as a potential tool to address racial health disparities.48
The pilot program aims to promote sustainable practices in school
lunches through professional development training, technical as-
sistance, student engagement and education, and outreach.
STRENGTHENING AND ENSURING EVIDENCE-BASED NUTRITION
STANDARDS AND DEVELOPING LIFE-LONG EATING HABITS
Updating Nutrition Standards in Meal Patterns
Often, more than half of a child’s daily caloric intake comes from
school meals, as breakfast and lunch provide one-fourth and one-
third of a child’s total daily caloric intake, respectively.49 With a
substantial percentage of calories consumed from school meals,
high nutrition standards are vital. High standards also provide us
a tool for achieving greater health equity, acknowledging that
NSLP and SBP serve a high percentage of low-income, children of
color,50 and Black and Hispanic communities face food insecurity
and diet-related chronic diseases at a disproportionate rate.51 In
order to address health disparities and support racial equity in
school meals, it is important that the nutrition standards conform
to recommendations that are evidence-based.
HHFKA required the Secretary to promulgate regulations to up-
date meal patterns and nutrition standards based upon rec-
ommendations made by the Food and Nutrition Board of the Na-
tional Research Council of the National Academy of Science.52 The
updated standards resulted in an overall improvement in the nutri-
tional quality of meals.53 The Healthy Eating Index (HEI) meas-
ures the diet quality of how consistent meals are with the rec-
ommendations of the DGAs by assigning scores out of 100 total
possible points. In school year (SY) 2009–2010, the total HEI for
lunch was 58 percent of the maximum score and the HEI for break-
fast was 50 percent of the maximum score.54 As a result of
HHFKA, the updated nutrition standards went into effect in SY
2012–2013 and by SY 2014–2015, the HEI score for lunch was 82
percent of the maximum score and the HEI for breakfast was 71
percent of the maximum score, both demonstrating a statistically
47 Renata Micha, et al., Red and Processed Meat Consumption and Risk of Incident Coronary
Heart Disease, Stroke, and Diabetes Mellitus: A Systematic Review and Meta-Analysis, 121 CIR-
CULATION, 2271, 2271 (2010).
48 Samara R. Sterling & Shelly-Ann Bowen, The Potential for Plant-Based Diets to Promote
Health Among Blacks Living in the United States, 11 NUTRIENTS 2915, 2915 (2019).
49 Meal Patterns for Grades K–12 In School Nutrition Programs, CONNECTICUT DEP’T OF EDUC.
(last visited Aug. 5, 2022), https://portal.ct.gov/SDE/Nutrition/Meal-Patterns-School-Nutrition-
Programs/Documents.
50 Mary Kay Fox et al., School Nutrition and Meal Cost Study Final Report Volume 4: Student
Participation, Satisfaction, Plate Waste, and Dietary Intakes, MATHEMATICA (Apr. 2019), https://
www.mathematica.org/publications/school-nutrition-and-meal-cost-study-final-report-volume-4-
student-participation-satisfaction-plate.
51 Alisha Coleman-Jenseny et al., Household Food Security in the United States in 2020, U.S.
DEP’T OF AGRIC. ECON. RSCH. SERV. (2021), https://www.ers.usda.gov/webdocs/publications/
102076/err-298.pdf?v=7553.8; Debbie Thompson et al., Perspectives of Black/African American
and Hispanic Parents and Children Living in Under-Resourced Communities Regarding Factors
That Influence Food Choices and Decisions: A Qualitative Investigation, 8 CHILDREN 236, 236
(2021).
52 Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111–296, 124 Stat. 3183 (2010) (codified
in scattered sections of 7 U.S.C, 20 U.S.C. and 42 U.S.C.).
53 Elizabeth C. Gearan & Mary Kay Fox, Updated Nutrition Standards Have Significantly Im-
proved the Nutrition Quality of School Lunches and Breakfasts, 120 J. ACAD. NUTR, DIET. 363,
363 (2020).
54 Gearan, supra note 53.
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63
significant improvement.55 Although HHFKA updated the stand-
ards for meals and foods served in schools, there is no process out-
lined in the statute for updating the nutrition standards based on
the most recent iteration of the DGAs. H.R. 8450 adds require-
ments to ensure that the nutrition standards align with the newest
DGAs and the latest evidence. H.R. 8450 requires the Secretary to
promulgate regulations to update the nutrition standards to be con-
sistent with the most recent DGAs not less than once every ten
years or not later than one year after two consecutive publications.
Supporting the National Hunger Hotline and Clearinghouse
On behalf of USDA, the National Hunger Clearinghouse/National
Hunger Hotline is operated by Hunger Free America and serves as
a resource for low-income individuals or communities on how and
where to obtain food. The database provides information about
where individuals can access soup kitchens, food pantries, gleaning
programs, and food banks, as well as federal nutrition assistance
programs. This database houses over 15,000 listings.56
In 2020, the call volume into the National Hunger Hotline was
308 percent higher than in 2019 while federal funding remained
the same.57 In fact, federal funding for the National Hunger Hot-
line has remained at $250,000 annually for more than ten years.58
H.R. 8450 responds to the increased demand by doubling the au-
thorization for appropriations from $250,000 to $500,000 for each
fiscal year through FY 2028.
Enhancing Nutrition Education
Nutrition education in schools can help students establish
healthy eating behaviors and empower them to make more nutri-
tious food and beverage choices. A school’s role in providing nutri-
tion education to students can include offering more nutritious and
appealing foods and beverages, displaying consistent and accurate
messaging about good nutrition, and providing different ways to
learn about and practice healthy eating. Teaching children about
nutrition in schools can help them learn about the food groups and
benefits to eating a variety of foods, teach them to limit beverages
higher in added sugars and foods higher in saturated fat, and how
to follow an eating pattern that will support their growth and de-
velopment.59
Nutrition education can be incorporated in the classroom as
health education or integrated throughout the curriculum in other
subjects. Activities such as gardening, cooking demonstrations, and
field trips can also be used to incorporate nutrition education,
where having taste tests in the cafeteria, displaying posters and
artwork promoting healthy eating, and sending resources and ma-
terials home to families can be opportunities for learning through-
out the day. H.R. 8450 aims to enhance nutrition education by al-
55 Gearan, supra note 53.
56 Letter from Joel Berg, CEO, Hunger Free America, to Representative Robert Scott, Chair-
man, H. Comm. On Educ. & Labor, and Senator Debbie Stabenow, Chair, of the S. Comm. On
Ag. (Apr. 13, 2021) (on file with committee staff).
57 Id. at 56.
58 Id. at 56.
59 Opportunities for Nutrition Education in Schools, U.S. DEP’T OF HEALTH & HUMAN SERVS.
CTRS. FOR DISEASE CONTROL AND PREVENTION (2019), https://www.cdc.gov/healthyschools/nutri-
tion/pdf/308155-A_FS_SchoolNutritionEd-508.pdf.
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64
lowing Team Nutrition funds to be used for hiring qualified nutri-
tion educators to carry out nutrition education programs in schools.
Ensuring Adequate Meal Time
Ensuring a child has enough time to eat a meal is an important
factor in reducing food waste and making sure the child has proper
nutrition. The Centers for Disease Control and Prevention (CDC)
recommends that children have at least 20 minutes of ‘‘seat time’’
to eat and socialize.60 Seat time refers to the amount of time allo-
cated to eating meals, not considering the time waiting in line for
food, using the restroom, waiting to pay, cleaning up afterwards, or
any other activity done during meal periods.61
When students have enough time to eat, there is less plate
waste 62 and more consumption of fruits and vegetables as well as
other meal components that provide necessary nutrients for opti-
mal growth and development.63 H.R. 8450 requires the Secretary
to enter into an agreement with an independent, nonpartisan,
science-based research organization to carry out a study on the
time lunches are served, recess is offered, and the duration of lunch
periods. Within one year of the appropriation of funds, the Sec-
retary is required to partner with the Secretary of Education to
form a task force to review the study and issue guidance on best
practices for meal time, recess, and duration of lunch periods.
Responding to the Health Needs of Students
An eating disorder is a serious and potentially fatal mental ill-
ness that relates to severe persistent disturbances in eating behav-
iors and negatively affects an individual’s health, emotions,
thoughts, and ability to function.64 Anorexia nervosa is the most
severe and deadly eating disorder characterized by restrictive eat-
ing, food avoidance, compulsive exercise, extreme fear of gaining
weight, and distorted perception of weight or body shape.65 Eating
disorders affect people of different ages, races, genders, and socio-
economic groups, with a higher risk of prevalence in 15–19-year-old
girls.66
H.R. 8450 incorporates mental health promotion and education,
including awareness of eating disorders, into local school wellness
policies.67 H.R. 8450 increases investments, up to $5,000,000 from
60 Making Time for School Lunch, U.S. DEP’T OF HEALTH & HUMAN SERVS. CTRS. FOR DISEASE
CONTROL & PREVENTION (Sept. 11, 2019), https://www.cdc.gov/healthyschools/nutrition/pdf/
310518-A_FS_SchoolLunchUpdate_508.pdf.
61 Ibid.
62 See Ethan A. Bergman et.al., The Relationship Between the Length of the Lunch Period and
Nutrient Consumption in the Elementary School Lunch Setting, 28 J. OF CHILD NUTRITION &
MGMT. (2004).
63 See Juliana Cohen, Jaquelyn L. Jahn, Scott Richardson, Sarah A. Cluggish, Ellen Parker,
Eric B. Rimm, The Amount of Time to Eat Lunch is Associated with Children’s Selection and
Consumption of School Meal Entree, Fruits, Vegetable, and Milk, 116 J. OF THE ACAD. OF NUTRI-
TION AND DIETETICS 123, 127–128 (2016).
64 Eating Disorders, NAT’L INST. OF MENTAL HEALTH, https://www.nimh.nih.gov/health/topics/
eating-disorders (last visited July 28, 2022).
65 Eating Disorders, MAYO CLINIC (last visited July 28, 2022), https://www.mayoclinic.org/dis-
eases-conditions/eating-disorders/symptoms-causes/syc-20353603.
66 Frederique R.E. Smink et. al., Epidemiology of Eating Disorders: Incidence, Prevalence and
Mortality Rates, 14 CURRENT PSYCHIATRY REPORTS 406 (2012).
67 The Richard B. Russell National School Lunch Act requires the Secretary to promulgate
regulations that provide the framework and guidelines for local educational agencies to establish
local school wellness policies. School wellness policies are intended to guide LEA’s efforts to pro-
mote student health, well-being, and ability to learn. These policies must include specific goals
for nutrition promotion and education that promote student wellness, standards and nutrition
guidelines for all foods and beverages available to students at schools, including foods that are
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65
$3,000,000, which will support technical assistance to promote nu-
trition and establish healthy school nutrition environments and
promote student mental health.
In addition to mental health promotion, H.R. 8450 is responsive
to students with disabilities that cause the student to require a
non-dairy substitute. Currently, schools are required to provide a
non-dairy substitute to a student with a disability only if a parent
or guardian has a letter from a physician documenting the dis-
ability that restricts the child’s diet. Obtaining a letter from a phy-
sician may be difficult for some families; there can be financial and
administrative barriers that can make obtaining the needed paper-
work from a medical provider challenging, including limited trans-
portation, the cost of a physician visit, and parent work schedules.
H.R. 8450 changes this requirement to instead provide reasonable
accommodations to students with disabilities without requiring a
physician’s letter. This change will make it easier for families to ac-
cess alternatives if they have a child with a disability that restricts
the child’s diet or presents other challenges to consuming lactose.
H.R. 8450 is also responsive to other medical and dietary reasons
why a student should not consume dairy milk. Currently, schools
have flexibility to provide a non-dairy substitute if a child has a
note from a physician or parent speaking to the medical or dietary
reason why dairy milk should not be consumed by the student such
as lactose intolerance, which is widespread among people of color.68
According to Boston Children’s Hospital, 80 percent of all African
Americans and Native Americans and over 90 percent of Asian
Americans are lactose intolerant, whereas lactose intolerance is
least common among those with Northern European descent.69 To
address equity concerns and ensure that students who need a non-
dairy alternative can access one, H.R. 8450 removes the require-
ment for a physician’s note and reduces the parental burden by no
longer requiring an explanation of the need for a non-dairy alter-
native. The bill also allows schools to provide a non-dairy sub-
stitute, that is nutritionally equivalent to fluid milk and meets nu-
trition standards, to any student as part of a reimbursable meal
without a note. Additionally, H.R. 8450 creates a pilot grant pro-
gram to help schools offset the cost difference between dairy and
non-dairy milk options and allows the Secretary to prioritize
schools for participation in the pilot program that serve a high pop-
ulation of students with lactose intolerance.
REMOVING BARRIERS AND INCREASING ACCESS TO THE CACFP
Initially created as a pilot in 1968, the CACFP in its current
form was built incrementally over decades of congressional action
to support the nutritional needs of millions of children and
adults.70 CACFP provides meals to children up to age 12 or mi-
sold and not sold at schools, policies for food and beverage marketing, and a description of public
involvement, public updates, policy leadership, and evaluation plan. See, U.S. DEP’T. OF AGRIC.,
Local School Wellness Policies, (last visited Aug. 11, 2022), https://www.fns.usda.gov/tn/local-
school-wellness-policy.
68 JOHN HOPKINS MEDICINE, Lactose Intolerance (last visited Aug. 18, 2022), https://
www.hopkinsmedicine.org/health/conditions-and-diseases/lactose-intolerance.
69 BOSTON CHILDREN’S HOSPITAL, Lactose Intolerance (last visited Aug. 19, 2022), https://
www.childrenshospital.org/conditions/lactose-intolerance.
70 NAT’L CACFP SPONSORS ASS’N, Program History: Celebrating 50 Years (last visited Aug. 17,
2022), https://www.cacfp.org/program-history/.
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66
grant children up to age 15 in child care settings, at-risk children
up to age 18 enrolled in after-school programs, and children up to
age 18 in emergency or homeless shelters.71 CACFP also provides
reimbursements to non-residential adult day care facilities that
provide food to disabled individuals and older individuals (age 60
or older).72 In 2019, CACFP served almost 4.8 million people.73
CACFP has demonstrated success in increasing children’s con-
sumption of vegetables and milk 74 and decreasing the financial
barrier for child care centers to provide healthy food options.75
CACFP centers are reimbursed based on the income of their par-
ticipants, ranging from fully-covered, or ‘‘free rate,’’ reimbursement
for households below 130 percent of the federal poverty line to the
lowest reimbursement rate, or ‘‘paid rate,’’ for households making
above 185 percent of the federal poverty level. For those households
between 130 percent and 185 percent of the poverty line, centers
receive a partial reimbursement for reduced-price meals and
snacks. Centers can use categorical eligibility for their reimburse-
ments as well, receiving reimbursement at the free rate for certain
categories of children, including children enrolled in Head Start,
children in foster care, and children who live in households that
participate in SNAP, the Food Distribution Program on Indian Res-
ervations (FDPIR), or TANF.
The Healthy Meals, Healthy Kids Act builds on the success of
CACFP by removing barriers and increasing access to the program,
mirroring provisions contained in bipartisan legislative proposals
introduced in prior Congressional sessions.76
Increasing Access to CACFP
H.R. 8450 takes significant steps to ensure access to meals and
snacks through CACFP. Under current law, children who live in
households that participate in several federal assistance programs,
such as SNAP and TANF, are categorically eligible to receive as-
sistance through CACFP. H.R. 8450 expands this provision and al-
lows a child to be automatically eligible for benefits without further
application or eligibility determination if the child is a member of
a household that receives SNAP benefits. Before the pandemic,
14.6 million children received SNAP benefits, and 4.8 million indi-
viduals, including 4.7 million children, participated in CACFP
through their child care or day care centers.77 Allowing receipt of
SNAP benefits to confer automatic eligibility reduces barriers to
participation and could help CACFP serve more children by closing
the gap for children who receive SNAP benefits but who do not par-
ticipate in CACFP.
CACFP currently provides funding for two meals and one snack
or one meal and two snacks daily. H.R. 8450 expands the program
71 BILLINGS, supra note 4.
72 BILLINGS, supra note 4.
73 BILLINGS, supra note 4.
74 Sanders Korenman et al., The Child and Adult Care Food Program and the nutrition of pre-
schoolers, 28 EARLY CHILDHOOD RSCH. QUARTERLY 325, 340 (2013).
75 Daniel Zaltz et al., Participation in the Child and Adult Care Food Program is associated
with fewer barriers to serving healthier foods in early care and education, 20 BMC PUBLIC
HEALTH 856, 860 (2020). See also, BILLINGS, supra note 4.
76 See, e.g., Early Childhood Nutrition Improvement Act, H.R. 5919, 117th Cong. (2021).
77 Michael King and Katherine Geifer, Nearly a Third of Children Who Receive SNAP Partici-
pate in Two or More Additional Programs, US Census Bureau, (2021), https://www.census.gov/
library/stories/2021/06/most-children-receiving-snap-get-at-least-one-other-social-safety-net-ben-
efit.html; BILLINGS, supra note 4.
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to cover up to two meals and two snacks or three meals and one
snack per child per day for children in care for at least eight hours
per day. The CDC recommends that parents and caregivers provide
snacks for children every two to three hours; 78 therefore, an addi-
tional snack or meal over the longer than eight-hour time period
would greatly help caregivers meet that nutrition goal. Parents
often work long hours where children are in care for more than
eight hours and thus rely on providers for a significant portion of
their child’s nutritional needs. Further, the COVID–19 pandemic
has increased families’ reliance on child care and exacerbated the
need for additional nourishment to be provided by the program.
Additionally, H.R. 8450 increases the age limit for reimburse-
ment for meals and supplements served in homeless and emer-
gency shelters from the age of 18 to individuals under the age of
25. This change is modeled off a temporary allowance under the
American Rescue Plan Act of 2021.79 Nearly half of those experi-
encing homelessness are under the age of 30. Therefore, increasing
the eligibility threshold for meal assistance will make a significant
impact on the wellbeing of one of the country’s most vulnerable
populations.80
Modernizing CACFP and Improving Administrative Efficiency
H.R. 8450 updates the annual adjustment of the CACFP reim-
bursement rates to reflect the Consumer Price Index (CPI) for food
away from home to be used for reimbursements for food served in
family or group day care homes. This provision ensures that reim-
bursement aligns with the actual cost of providing meals through
CACFP.
H.R. 8450 also improves CACFP program integrity. USDA uses
a system of accountability for institutions that receive CACFP
funds, known as the serious deficiency process. The serious defi-
ciency process ‘‘provides a systematic way to correct serious man-
agement problems, and when that effort fails, protects the program
through due process.’’ 81 If an institution is found in violation of
CACFP guidelines, it must take corrective action and provide a
written corrective action plan within 30 to 90 days of receiving the
notice, depending on the offense.82 If the institution is still found
to be in violation of program guidelines, it can be disqualified from
receiving CACFP funding.83 Not later than one year after the date
of enactment, H.R. 8450 requires the Secretary to review and issue
78 CNTRS. FOR DISEASE CONTROL & PREVENTION, Nutrition: How Much and How Often to Feed,
CDC, (last visited Aug. 18, 2022), https://www.cdc.gov/nutrition/infantandtoddlernutrition/foods-
and-drinks/how-much-and-how-often.html#:∼:text=Give%20your%20child%20something%20to,
to%203%20snacks%20every%20day.
79 Press Release, U.S. Dep’t of Agriculture, USDA Boosts Food Assistance for Homeless Young
Adults Seeking Refuge in Shelters (Apr. 9, 2021), https://www.fns.usda.gov/news-item/usda-
007021.
80 Kristen Paquette, Current Statistics on the Prevalence and Characteristics of People Experi-
encing Homelessness in the United States, SUBSTANCE ABUSE & MENTAL HEALTH SERV’S ADMIN.
(July 2011), https://www.samhsa.gov/sites/default/files/programs_campaigns/homeless-
ness_programs_resources/hrc-factsheet-current-statistics-prevalence-characteristics-homeless-
ness.pdf.
81 Request for Information: The Serious Deficiency Process in the Child and Adult Care Food
Program, 84 Fed. Reg. 22,431 (May 17, 2019).
82 Serious Deficiency, Suspension, & Appeals for State Agencies & Sponsoring Organizations:
A Child and Adult Care Food Program Handbook, U.S. DEP’T OF AGRIC. FOOD & NUTRITION
SERV. (Feb. 2015), https://www.decal.ga.gov/documents/attachments/SD_SuspensionandAppeals
Handbook.pdf.
83 Id.
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guidance on the regulations regarding this process for CACFP that
will streamline and modernize the program.
H.R. 8450 makes other modest improvements to help streamline
CACFP. The bill allows CACFP eligibility for proprietary child care
centers to be determined on an annual basis, in alignment with eli-
gibility determination for other child care centers. Currently,
CACFP providers—particularly smaller family homes—face admin-
istrative burdens to operating the program. Eligibility certification
for proprietary institutions can differ state by state, and several
states require monthly submission by the child care provider in
order to continue receiving reimbursements.84 A streamlined an-
nual eligibility certification that aligns with other administrative
processes will reduce complications for both state agencies and
smaller providers.
The bill also creates a new Advisory Committee on Paperwork
Reduction to examine the feasibility of reducing unnecessary or du-
plicative paperwork and provide recommendations to the Secretary.
USDA previously formed the CACFP Paperwork Reduction Work
Group (Work Group) in response to the HHFKA, requiring the De-
partment to examine the feasibility of reducing unnecessary or du-
plicative paperwork. A 2015 report to Congress submitted by USDA
on behalf of the Work Group outlined the inefficiencies in current
program operations and urged the Secretary to work with state
agencies to decrease the administrative burden for child care cen-
ters and families.85 The Work Group also recommended continued
stakeholder engagement to guide paperwork reduction efforts. 86
H.R. 8450 also requires the Secretary to issue guidance and, if ap-
propriate, regulations, in response to these new recommendations
within two years.
ENSURING CHILDREN’S ACCESS TO NUTRITIOUS FOOD DURING THE
SUMMER AND AFTER SCHOOL
When schools close for the summer break, food insecurity con-
tinues to be a challenge for families and children. Thirty-two per-
cent of low-income families report that they do not have enough
food during the summer months, and studies show that children
without consistent access to healthy meals face significant threats
to their health and educational achievement as a result.87 Recog-
nizing the need for intervention, in 1968, Congress created the Spe-
cial Food Service Program for Children—a pilot program that pro-
vided states with grants to feed children when school was not in
session.88 In 1975, that program split, and the Child Care Food
Program and the SFSP were authorized.89
In its current form, SFSP reimburses program operators who
provide free meals and snacks to children in low-income areas
through camps, schools, and community organizations. Meals pro-
84 Report to Congress: Reducing Paperwork in the Child and Adult Care Food Program, U.S.
DEP’T OF AGRIC. FOOD & NUTRITION SERV. . (Aug. 2015), https://omb.report/icr/201809_0584_001/
doc/original/86419001.pdf.
85 Id. at 84.
86 Id. at 84.
87 Katie Orovecz, et. al., Summer Nutrition Program Social Impact Analysis, DELOITTE, NO
KID HUNGRY, and ARBY’S FOUNDATION (2015), http://bestpractices.nokidhungry.org/sites/default/
files/2019-11/Summer%20Nutrition%20Program%20Social%20Impact%20Analysis_1in7.pdf.
88 U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV., Summer Food Service Program History
(last visited Aug. 18, 2022), https://www.fns.usda.gov/sfsp/program-history.
89 Ibid.
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69
vided through SFSP help to manage diet, reduce food insecurity,
and minimize summer learning loss, which accounts for up to 80
percent of the reading skills gap between low- and high-income stu-
dents.90
In 2019, SFSP provided over 141 million meals and snacks to
children when school was not in session, and in 2020 the program
served 4.7 million children each day in its peak month of July.91
Access to nutritious meals during the summertime has far-reaching
effects, with implications on children’s food security, physical and
mental health, educational attainment, and long-term benefits as-
sociated with economic and workforce development for children and
their communities.92 SFSP also emphasizes the importance of en-
richment activities to engage children through music, games, art,
and movement.93 Educational or instructional activities are the
type of activity most often offered in SFSP programs (81 percent)
and serve a critical role in addressing learning loss.94
Other innovative approaches to reducing summer food insecurity
have played a key role in ensuring children do not go hungry dur-
ing the summer months, such as the Summer EBT Program.95 The
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2010 provided authority
and funding for USDA to implement demonstration projects to de-
velop and test methods of improving food access for children during
the summer.96 Using this authority, USDA initially established
Summer EBT as a demonstration project to test a household-based
method of delivering nutrition assistance to low-income children
during the summer.97 Due to the success of the pilot project, Con-
gress invested additional resources into Summer EBT through the
annual appropriations process as the program has since grown to
serve more states and children. The program is not yet authorized
in permanent statute and operates in select states, providing fami-
lies with an EBT card with $30 or $60 per child monthly to pay
for meals during the summer.98
Other child nutrition programs, including CACFP At-Risk and
NSLP Afterschool Snack also ensure children are fed during after-
school hours. The CACFP At-Risk Afterschool component allows
providers to be reimbursed for up to one snack and one meal per
child per day, while the NSLP Afterschool Snack option allows
schools to be reimbursed for one snack per day.99 The reimburse-
ment rates for both CACFP At-Risk and NSLP Afterschool Snack
are in line with the CACFP reimbursement rates under existing
90 OROVECZ, supra note 87.
91 U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV., Summer Food Service Program (last visited
Aug. 18, 2022), https://www.fns.usda.gov/sfsp/summer-food-service-program.
92 OROVECZ, supra note 87.
93 U.S. DEP’T OF AGRIC., Nutrition Education Activities (last visited July 13, 2022), https://fns-
prod.azureedge.us/sites/default/files/resource-files/smt-nutrition_education.pdf.
94 Tracy Vericker et al., USDA Summer Meals Study Summary, WESTAT (Oct. 2021), https://
fns-prod.azureedge.us/sites/default/files/resource-files/SummerMealsStudy-2018-
SummaryofFindings.pdf.
95 Supra note 91.
96 Agriculture, Rural Development Food and Drug Administration, and Related Agencies Ap-
propriations Act, 2010, Pub. L. No. 111–80, tit. VII, § 749, 123 Stat. 2132 (2009).
97 FY 2010 Summer Electronic Benefits Transfer for Children (SEBTC) SNAP MODEL, U.S.
DEP’T OF AGRIC. (last visited Aug. 16, 2022), https://www.fns.usda.gov/sfsp/fy-2010-summer-elec-
tronic-benefits-transfer-children-sebtc-snap-model.
98 Kara Clifford Billings, Summer Meals for Children: An Overview of Federal Aid (IF11633),
CONG. RSCH. SERV. (2020), https://crsreports.congress.gov/product/pdf/IF/IF11633; Agriculture
Appropriations Act of Fiscal Year 2010,§ 749, Pub. L. No. 111–80, 123 Stat. 2090 (2010).
99 BILLINGS, Supra note 4.
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statute. Additionally, both CACFP At-Risk and NSLP Afterschool
Snack require some sort of educational or enrichment activity.100
H.R. 8450 includes several provisions that will strengthen both
SFSP and Summer EBT to ensure that all children have access to
nutritious food even when school is not in session.
Expanding the Summer Food Service Program for Children
H.R. 8450 expands SFSP by lowering the eligibility threshold for
participation in SFSP from 50 to 40 percent of children residing in
the area who have been determined to be eligible for free or re-
duced price meals. This new threshold will increase the geo-
graphical areas in which children are served, expanding the num-
ber of children who can access healthy meals through SFSP. H.R.
8450 also creates an option to allow for year-round meal service
under SFSP for non-school meal providers during afterschool hours,
weekends, and school holidays.
The bill authorizes a competitive grant program to increase par-
ticipation in SFSP at congregate feeding sites through innovative
approaches to addressing transportation barriers and mobile meal
delivery. This kind of innovation has proven successful in places
such as Huntsville, Alabama, where children and teenagers were
offered free specially designed bus passes to increase access to meal
sites, and in Murfreesboro, Tennessee, where refurbished school
buses have been used to deliver hot meals directly to children.101
H.R. 8450 allows service institutions that participate in SFSP to
serve up to three meals, or two meals and one snack, per child per
day, an increase from the current maximum of two meals per day.
The bill also allows non-school sponsors under SFSP to utilize the
offer versus serve (OVS) provision. The OVS provision, currently
operating under the NSLP and the SBP, allows students to decline
some of the food offered to reduce food waste. This change simply
aligns the requirements for non-school sponsors with those of
schools. H.R. 8450 recognizes the need to ensure strong nutrition
during the summer months by further requiring the Secretary of
Agriculture to issue proposed regulations to update SFSP nutrition
standards in alignment with the goals of the DGAs.
Making the Summer Electronic Benefit Transfer Program for Chil-
dren Permanent and Nationwide
Summer EBT provides families with a debit card containing a
fixed dollar amount, historically either $30 or $60, to purchase gro-
ceries during the summer.102 Summer EBT is particularly impor-
tant for food-insecure families in rural areas or areas with limited
access to summer meals.103 According to a 2016 report on the im-
pact of the initial Summer EBT demonstration project, providing a
$30 or $60 per month per child benefit reduced very low food inse-
curity by one-third and food insecurity by one-fifth.104 Recognizing
100 BILLINGS, Supra note 4.
The requirement for an educational or enrichment activity for CACFP At-Risk is dictated in
statute and the requirement for the NSLP Afterschool Snack option is through USDA guidance.
101 Report: Transportation Strategies to Connect Youth with Summer Food Programs, NAT’L
CTR. FOR MOBILITY MGMT. (last visited July 13, 2022), https://
nationalcenterformobilitymanagement.org/wp-content/uploads/Pdfs/FNS-Transport-Final-.pdf.
102 The Summer Electronic Benefit Program (Summer EBT), FOOD RSCH & ACTION CTR. (July
2021), https://frac.org/wp-content/uploads/frac-facts-summer-ebt-program.pdf.
103 Supra note 97.
104 Supra note 97.
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the positive impact, H.R. 8450 will authorize a permanent and na-
tionwide Summer EBT Program, providing $75 per child per sum-
mer month.105 A permanent and nationwide Summer EBT Pro-
gram will help to ensure that all children, regardless of their geo-
graphic proximity to meal providers, have access to healthy food
when schools are closed.
MODERNIZING AND INCREASING ACCESS TO WIC
First authorized as a pilot program in 1972, WIC is a federally
funded program that provides vital services to low-income preg-
nant, postpartum, and breastfeeding women, infants, and children
up to age five who are at nutritional risk.106 These services include
access to nutrient-dense food, education on balanced nutrition,
breastfeeding support, and referrals to health care and social serv-
ices. Individuals are considered income eligible if they belong to a
household that has an income at or below 185 percent of the fed-
eral poverty level or are a member of a household that receives
benefits through TANF, SNAP, Medicaid, or other identified state
programs.107 WIC has proven vital for participants by dem-
onstrating improved growth and development in infants and chil-
dren, increased enrollment in prenatal care, higher intakes of vita-
mins, minerals, and nutrient-dense foods, savings in health care
costs, and fewer infant deaths.108 With proven results, the WIC
program enjoys robust bipartisan support.109
Increasing Access to WIC by Expanding Eligibility
H.R. 8450 expands WIC eligibility by requiring that WIC auto-
matically certify infants born to a mother participating in WIC and
extending adjunctive eligibility to women, infants, and children
(under six-years-old) living in a household in which a member par-
ticipates in the Children’s Health Insurance Program (commonly
referred to as CHIP), Head Start, Early Head Start, or FDPIR.
These changes to adjunctive eligibility in WIC may help ease ad-
ministrative burdens on both applicants and local WIC providers
and serve as an effective tool for enrolling and retaining more eligi-
ble children in the program.110 The bill also extends eligibility for
WIC through either a child’s sixth birthday or their first day of
kindergarten, whichever is earlier, allowing participating children
to glean the benefits of WIC until they are able to receive school
meals.
H.R. 8450 extends certification periods to ensure continuity of ac-
cess to WIC services. Currently, certification periods can restrict
105 Changes during the markup removed the pre-appropriated funding for the bill’s Summer
EBT Program; the Committee’s intent is to create a permanent entitlement funded through an-
nual appropriations.
106 Randy Aussenberg, A Primer on WIC: The Special Supplemental Nutrition Program for
Women (R44115), CONG.. RSCH. SERV. (2017), https://crsreports.congress.gov/product/pdf/R/
R44115.
107 Ibid..
108 WIC Helps Your Community, WIC STRONG (last visited Aug. 18, 2022), https://
www.wicstrong.com/community/wic-helps-your-community/.
109 Press Release, U.S. Representative Gwen Moore, Congresswoman Gwen Moore and Con-
gresswoman Jennifer González-Colón Lead Bipartisan Effort to Increase WIC funding (Apr. 28,
2022), https://gwenmoore.house.gov/news/documentsingle.aspx?DocumentID=5004.
110 Food for Thought: Examining Federal Nutrition Programs for Young Children and Infants
Before the H. Comm. On Educ. & Labor, 117th Cong. (July 28, 2021) [Hereafter Garrett Testi-
mony] (Statement of Paula N. Garrett MS, RD, Division Director, Division of Community Nutri-
tion, Virginia Department of Health, https://edlabor.house.gov/imo/media/doc/
GarrettPaulaTestimony0728211.pdf).
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participants’ ability to consistently receive their benefits.111 The
annual requirement for recertification can also lead to repetitive
paperwork and deters ongoing participation.112 Extending certifi-
cation periods is vital to ensure that eligible families consistently
have access to the services they need, strengthen retention of child
participants, and promote administrative efficiency. The bill re-
quires WIC agencies to certify infants, children, breastfeeding
women, and (non-breastfeeding) postpartum women for two-year
periods, an increase from the current period that ranges from six
months to one year. To further improve the certification process,
the bill allows WIC agencies to adjust certification periods for
members within the same household so that the periods align and
allows a single document provided by a health care provider, in-
cluding an electronic form, to be used to establish the nutritional
risk determination required for certification or recertification.
Nutrition risk is an eligibility requirement that is unique to the
WIC program. In addition to meeting categorical, income, and resi-
dency requirements, all WIC participants must be determined to be
at nutrition risk by a physician, nutritionist, dietitian, nurse, or
other competent professional authority.113 There are two major
types of nutrition risk that are recognized for WIC eligibility: medi-
cally-based risks, such as anemia, underweight, maternal age, his-
tory of pregnancy complications, or poor pregnancy outcomes; and
diet-based risks, such as inadequate dietary pattern.114 H.R. 8450
provides a 90-day period of interim nutritional risk eligibility for
all participants and allows 30-day temporary eligibility for all par-
ticipants based on a signed self-attestation of eligibility to ensure
that individuals who are likely to be served by the program have
adequate time to determine full nutrition risk. The Committee rec-
ognizes and encourages service delivery models that facilitate nu-
trition risk assessment and coordinated care between WIC agencies
and health care providers.
H.R. 8450 further modernizes the certification and recertification
process by requiring WIC clinics to offer applicants in-person,
phone, and video options for certification and recertification and
nutritional risk evaluation appointments. Congress temporarily
provided targeted flexibilities to WIC in response to the COVID–
19 public health emergency including by providing authority for
USDA to waive the physical presence requirement for participants
to become certified or recertified in the program and allowing WIC
agencies to issue benefits remotely to minimize exposure.115 As
demonstrated by the pandemic, offering remote options can in-
crease access for individuals who have traditionally faced transpor-
tation, child care, and work-related challenges that make in-person
appointments difficult to attend. Income, health, or other informa-
tion collected by a health care provider should be shared with a
WIC agency to inform determinations of program eligibility and nu-
111 Maximizing Efficiency: Streamlining WIC Services to Reach More Children, NATIONAL WIC
ASS’N (Mar. 2021), https://s3.amazonaws.com/aws.upl/nwica.org/updated_fy21_nwa_factsheet_
certs-003.pdf.
112 Garett Testimony, supra note 110.
113 Debra R. Whitford, WIC Policy Memorandum 2011–5 WIC Nutrition Risk Criteria, U.S.
DEP’T OF AGRIC. FOOD & NUTRITION SERV. (May 20, 2011), https://fns-prod.azureedge.us/sites/
default/files/2011-5-WICNutritionRiskCriteria.pdf.
114 WIC Frequently Asked Questions (FAQs), U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV.
https://www.fns.usda.gov/wic/frequently-asked-questions (last visited Oct. 5, 2022).
115 42 U.S.C. § 1786.
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trition risk. H.R. 8450 builds upon flexibility provided during the
public health emergency by permanently allowing state agencies to
provide benefits remotely. This change further modernizes and
streamlines the WIC program, enhancing participants’ experience
while building on the success of emerging and evolving technologies
in implementing social services programs.116 The bill authorizes
$90,000,000 in annual discretionary appropriations for FY 2023
through FY 2028 for investments in WIC technology to improve the
existing infrastructure and establish efficient communication be-
tween WIC clinics and other health care providers to ensure the
program works more effectively for both participants and providers.
H.R. 8450 also requires the Secretary to collect data on the per-
centage of WIC-eligible SNAP recipients and the percentage of
WIC-eligible Medicaid recipients certified in WIC and develop a
plan across programs to increase these percentages, with the goal
to reach more eligible individuals.
Modernizing WIC to Increase Access
As online sales have increased significantly in recent years, par-
ticularly during the COVID–19 pandemic,117 online purchasing has
grown to be an important tool for expanding food access. In the
wake of the pandemic and the need for social distancing, USDA
rapidly expanded its SNAP Online Purchasing Pilot to reach more
recipients of SNAP and Pandemic Electronic Benefit Transfer (P–
EBT). During first year of the pandemic, monthly online SNAP and
P–EBT purchases grew from $3 million in February 2020 to $246
million in December 2020—86 times the value in February 2020.118
In light of the expansion of online SNAP and P–EBT purchasing
and allowing more SNAP recipients flexibility in redeeming bene-
fits, USDA announced plans to test and implement online ordering
in the WIC program.119 Allowing for online ordering in WIC will
ease access for participating households, a priority identified by
USDA and food security advocates, particularly after the 2022 in-
fant formula shortage.120 H.R. 8450 facilitates online purchasing in
several key ways. First, the bill makes statutory updates needed to
allow for online and mobile payments in WIC and prohibits inter-
change and transaction fees from being imposed on WIC vendors.
Second, the bill requires each state agency to approve at least three
vendors for online WIC purchases by October 1, 2025, and to report
to Congress on the implementation of online and mobile payments
in WIC. Finally, the bill includes $40,000,000 in annual discre-
tionary appropriations to be made available each year from FY
116 Ending Child Hunger: Priorities for Child Nutrition Reauthorization Before the H. Comm.
On Educ. & Labor, 117th Cong. (June 10, 2021) (Statement of Michael J. Wilson, Director,
Maryland Hunger Solutions, https://edlabor.house.gov/imo/media/doc/WilsonMichaelTestimony
061021.pdf).
117 Mayumi Brewster, Annual Retail Trade Survey Shows Impact of Online Shopping on Retail
Sales During COVID–19 Pandemic, U.S. CENSUS BUREAU (Apr. 27, 2022), https://
www.census.gov/library/stories/2022/04/ecommerce-sales-surged-during-pandemic.html.
118 Jordan W. Jones, Online Supplemental Nutrition Assistance Program (SNAP) Purchasing
Grew Substantially in 2020, U.S. DEP’T OF AGRIC. ECONOMIC RSCH. SERV. (July 6, 2021), https://
www.ers.usda.gov/amber-waves/2021/july/online-supplemental-nutrition-assistance-program-
snap-purchasing-grew-substantially-in-2020/.
119 Press Release, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV., USDA Expands Access to
Online Shopping in SNAP, Invests in Future WIC Opportunities (Nov. 2, 2020), https://
www.fns.usda.gov/news-item/fns-001820.
120 Brenda Goodman, Families can’t use WIC benefits to buy baby formula online, making
shortage woes worse, CNN (June 30, 2022), https://www.cnn.com/2022/06/30/health/wic-online-
formula-shortage/index.html.
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2023 to FY 2028 to ensure support for retailers, particularly small
businesses, in building out modernization efforts.
H.R. 8450 includes provisions to ensure the program works effec-
tively for both participants and retailers. First, the bill increases
flexibility for WIC state agencies around the use of funds for food
purchases and Nutrition Services and Administration (NSA) fund-
ing. Second, it makes a technical change to the way product prices
are described to align with modern retail systems. These updates
are intended to ensure that state and local WIC agencies are best
able to serve all eligible women and children.
Modernizing the WIC Farmers’ Market Nutrition Program
H.R. 8450 includes several provisions to modernize WIC FMNP.
FMNP was established in 1992 to provide locally grown produce to
WIC families and to expand awareness and access to farmers’ mar-
kets.121 FMNP exposes children and their families to fruits and
vegetables as well as nutrition education to encourage recipients to
improve their diet and teach them how to store and prepare nutri-
tious foods.122 H.R. 8450 modernizes FMNP by allowing benefits to
be accepted by Community Supported Agriculture programs and al-
lowing benefits to be redeemed at a central point of sale, making
it easier for participating families to redeem benefits at a farmers’
market. The bill also eliminates the state matching requirement for
states and Tribal state agencies for FMNP, and it increases the
minimum benefit level to $20 and the maximum to $100.
Breastfeeding Promotion and Ensuring Access to Infant Formula
Increasing breastfeeding rates has long been a priority for WIC
due to its proven benefits, including lowering the risk of certain in-
fections and diseases, encouraging digestive system growth, de-
creasing health costs, and reducing breastfeeding mothers’ risk for
certain types of cancer.123 Due to these proven benefits, H.R. 8450
includes provisions that support and promote breastfeeding. H.R.
8450 marks the first time the Breastfeeding Peer Counseling Pro-
gram (BFPC) has been codified. This successful program—which
was officially launched in 2004 as part of FNS’s national peer coun-
seling initiative, Using Loving Support to Implement Best Practices
in Peer Counseling124—links breastfeeding women with other
breastfeeding women within their community who can provide sup-
port, advice, and tips throughout the breastfeeding process.125 Pair-
ing breastfeeding women with peer counselors from their commu-
nities fosters shared understanding and personalized supports that
many health professionals are not able to provide. Evidence sug-
gests that participation in the WIC BFPC is associated with sev-
eral positive outcomes, such as increased initiation of breastfeeding
121 Farmers Market Nutrition Program, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV. (last
visited Aug. 18, 2022), https://www.fns.usda.gov/fmnp/wic-farmers-market-nutrition-program.
122 Ibid.
123 WIC Breastfeeding Support, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV. (last visited
Aug. 18, 2022), https://wicbreastfeeding.fns.usda.gov/breastfeeding-benefits.
124 WIC Breastfeeding Peer Counseling Study Supporting Statement for Paperwork Reduction
Act Submission GSA Mobis Task Order #AG–3198–D–06–0105, ABT ASSOCIATES INC. (June 26,
2008), https://www.reginfo.gov/public/do/DownloadDocument?objectID=5786202.
125 Breastfeeding Peer Counselors: A Successful Program that Should be Expanded, NAT’L WIC
ASS’N (Mar. 2019), https://s3.amazonaws.com/aws.upl/nwica.org/2019-breastfeeding-peer-coun-
selors.pdf.
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and longer breastfeeding duration.126 The bill increases the author-
ization of discretionary annual appropriations for breastfeeding
peer counselors from $90,000,000 to $180,000,000, including fund-
ing for providing breastfeeding support in health care settings out-
side of WIC clinics, such as hospitals or physicians’ offices, or in
partnership with the Maternal, Infant, and Early Childhood Home
Visiting Program. H.R. 8450 also allows breastfeeding supplies to
be purchased with funds available for the provision of food benefits,
further easing cost barriers that may prevent women from choosing
to breastfeed.
While breastfeeding has been shown to provide important bene-
fits, it is not always a viable option. When breastfeeding is not pos-
sible, infant formula provides a safe and nutritious alternative. The
vast majority of WIC supported infants, approximately 88 percent,
receive some amount of formula through the program.127 In the
wake of the 2022 infant formula shortage that left thousands of
families struggling to access formula, Congress took decisive bipar-
tisan action through the passage and subsequent enactment of the
Access to Baby Formula Act to ease the challenges faced by WIC
families during emergency periods and supply chain disruptions.128
While the shortage was not unique to WIC and was compounded
by supply issues, H.R. 8450 takes steps to strengthen the infant
formula contracting process by requiring the Secretary to create an
online source of information pertaining to state agency infant for-
mula bid solicitations. The bill also allows state or local agencies
to purchase and distribute safe drinking water to WIC participants
during an emergency period for preparing infant formula, helping
to protect women and children affected by crises.
Supporting Healthy Mothers and Infants
Substance use disorder (SUD) is defined as ‘‘impairment caused
by the recurrent use of alcohol or other drugs (or both), including
health problems, disability, and failure to meet major responsibil-
ities at work, school, or home.’’ 129 SUD can have particularly dam-
aging effects on families as prenatal substance use can result in
health challenges to the infant, including birth defects and learning
disabilities.130 The COVID–19 pandemic brought an increase in
SUD and related deaths; for example, in 2020, 40 states experi-
enced an increase in opioid-related mortality.131 Mothers have not
been immune to the rising occurrence of SUD. Between 1999 and
2014, the number of women with an opioid use disorder during
126 NATIONAL WIC ASS’N, Breastfeeding Peer Counselors: A Successful Program that Should be
Expanded (last visited Aug. 18, 2022), https://s3.amazonaws.com/aws.upl/nwica.org/2019-breast
feeding-peer-counselors.pdf.
127 Christina Szalinski, For Many Low-Income Families, Getting Formula Has Always Been a
Strain, KHN (June 3, 2022), https://khn.org/news/article/low-income-families-baby-formula-
strain-wic/.
128 Access to Baby Formula Act, Pub. L. No. 117–129, 136 Stat. 1225 (2022) (codified at 42
U.S.C. § 1786).
129 Key Substance Use and Mental Health Indicators in the United States: Results from the
2020 National Survey on Drug Use and Health, U.S. DEP’T OF HEALTH & HUMAN SERVS. SUB-
STANCE ABUSE & MENTAL HEALTH SERVS. ADMIN. (2020), https://www.samhsa.gov/data/
sites/default/files/reports/rpt35325/ NSDUHFFRPDFWHTMLFiles2020/2020NSDUHFFR1PDFW
102121.pdf.
130 Grace Chang, Maternal Substance Use: Consequences, Identification, and Interventions, 40
ALCOHOL RES. no. 2, 2020, at 1, 3.
131 Ashley Abramson, Substance use during the pandemic, AM. PSYCHOLOGICAL ASS’N (Mar. 1,
2021), https://www.apa.org/ monitor/ 2021/03/ substance-use-pandemic#:∼:text=According%20
to%20the %20Centers%20for,the %20onset%20of%20the %20pandemic.
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labor and delivery quadrupled.132 H.R. 8450 recognizes the impor-
tance of assisting women and infants impacted by SUD. The bill re-
quires the Secretary, in collaboration with the Secretary of Health
and Human Services, to develop and disseminate evidence-based
WIC nutrition education materials for individuals impacted by a
SUD and requires the Secretary to make available to state agencies
an online clearinghouse with nutrition education and training ma-
terials for such individuals. To implement these provisions,
$1,000,000 is authorized to be appropriated in FY 2024.
Improving Nutrition Education Materials Related to Food Allergies
H.R. 8450 allows the provision of nutrition education materials
for WIC-eligible individuals with food allergies. A food allergy is a
serious and potentially life-threatening immune system reaction
that occurs soon after eating a certain food.133 Reactions can in-
clude congestion, coughing, itchiness of the skin, and difficulty
breathing. In the United States, approximately 7.6 percent, or 1 in
13 children, have a food allergy.134 Providing nutrition education
materials for WIC-eligible households will help protect against po-
tentially harmful allergic reactions and ensure that the needs of
women, infants, and children with unique nutritional and medical
considerations can be better met through the program.
SUPPORTING COMMUNITIES
Bolstering Tribal Sovereignty
Federal nutrition assistance programs are crucial to the Amer-
ican Indian/Alaska Native (AI/AN) community as this population is
often susceptible to high poverty rates, food insecurity, and an in-
creased risk of nutrition-related health conditions.135 Adults are 60
percent more likely to face obesity 136 and three times more likely
to receive a diabetes diagnosis compared to their non-Hispanic
white counterparts.137 Additionally, only one-fourth reside within a
mile of a supermarket.138
The majority of federal nutrition assistance programs are oper-
ated by state agencies, but programs currently administered by
Tribes include the Commodity Supplemental Food Program; WIC;
FDPIR; FMNP; and the Senior Farmer’s Market Nutrition Pro-
gram. In a 2016 report on the feasibility of Tribal administration,
surveyed Tribal leaders and administrators from large Tribes indi-
cated that additional flexibility to administer other programs not
currently administered by Tribes would allow them to offer more
132
Chang, supra note 130.
133 U.S.DEP’T OF AGRIC. Food Allergies (last visited Aug. 18, 2022), https://
wicworks.fns.usda.gov/resources/food-allergies.
134 Ruchi Gupta et al., The public health impact of parent-reported childhood food allergies in
the United States. 142 PEDIATRICS 1, 1 (2018).
135 Steven Garasky et. al., Feasibility of Tribal Administration of Federal Nutrition Assistance
Programs, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV. OFFICE OF POL’Y SUPPORT (July
2016), https://fns-prod.azureedge.us/sites/default/files/ops/TribalAdministration.pdf. .
136 U.S. DEP’T OF HEALTH & HUMAN SERVS. OFFICE OF MINORITY HEALTH, Obesity and Amer-
ican Indians/Alaska Natives (last visited Aug. 18, 2022), http://minorityhealth.hhs.gov/omh/
browse.aspx?lvl=4&lvlID=40.
137 U.S. DEP’T OF HEALTH & HUMAN SERVS. OFFICE OF MINORITY HEALTH, Diabetes and Amer-
ican Indians/Alaska Natives (last visited Aug. 18, 2022), http://minorityhealth.hhs.gov/omh/
browse.aspx?lvl=4&lvlID=33.
138 Phillip Kaufman et. al., Measuring Access to Healthful, Affordable Food in American In-
dian and Alaska Native Tribal Areas, U.S. DEP’T OF AGRIC. ECONOMIC RSCH. SERV. (Dec. 2014),
https://www.ers.usda.gov/webdocs/publications/43905/49690_eib131_errata.pdf.
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culturally appropriate programming and services.139 Tribal mem-
bers also believe that they have the means to administer these pro-
grams more efficiently and promptly in their communities.140
The Indian Self-Determination and Education Assistance Act of
1975 141 was enacted to allow greater Tribal control of federal pro-
grams that impact their members, resources, and governments.
Tribal members have often reported numerous instances of pro-
gram administrators impeding the administration of programs be-
cause they could not comprehend the differences in finance, oper-
ations, and governance across Tribes.142 The recognition of Tribes
as autonomous and distinct nations ensures that community needs
are met. In the June 23 Hearing on USDA FNS policies and prior-
ities for FY 2023, Food and Nutrition Service Administrator, Cindy
Long, emphasized the importance of Tribal sovereignty as well as
the Department’s commitment to advancing sovereignty and self-
determination across programs.143
However, it is important to note that some Tribes, particularly
smaller Tribes, have voiced concerns about the ability to independ-
ently operate nutrition programs due to a lack of resources. In a
2016 FNS report on the feasibility of Tribal administration, 44 per-
cent of interviewed Tribes reported the lack of financial resources
as an expected challenge in administering a nutrition program, and
nearly a third indicated a lack of human resources and techno-
logical infrastructure as obstacles.144 A USDA feasibility study
found concerns with the Tribal operation of child nutrition pro-
grams, specifically concerning the resources and assistance needed
for Tribes to update internal systems for program administra-
tion.145 There are also logistical realities that would need to be con-
sidered for the administration of these programs to transition from
states to Tribes. In order to examine any potential challenges and
mitigate unforeseen complications, H.R. 8450 creates a pilot project
to allow Indian tribes to assume responsibility for administering
SBP, NSLP, CACFP, and SFSP in lieu of a state agency.
Supporting the Freely Associated States
The Freely Associated States (FAS), formerly known as Trust
Territories, include the Marshall Islands, Micronesia, and Palau.
They are sovereign ‘‘insular areas’’ that have established bilateral
Compacts of Free Association with the U.S., and thus they receive
economic assistance and allow the U.S. to operate military bases
and provide mutual security.146 In 1975, the National School
Lunch Act and Child Nutrition Act Amendments of 1975 147 added
language regarding the Trust Territories to statute and added the
139 GARASKY, supra note 135.
140 GARASKY, supra note 135.
141 Pub. L. No. 93–638, as amended, 88 Stat. 2203, (1975) (codified at 25 U.S.C. § 450).
142 GARASKY, supra note 135.
143 Examining the Policies and Priorities of the U.S. Department of Agriculture’s Food and Nu-
trition Service: Hearing Before the Comm. On Educ. & the Workforce, 117th Cong. 30 (2022)
(statement of Cindy Long, Administrator, U.S. Department of Agriculture).
144 GARASKY, supra note 135.
145 GARASKY, supra note 135.
146 THOMAS LUM, CONG. RSCH. SERV., THE FREELY ASSOCIATED STATES AND ISSUES FOR CON-
GRESS, R46573 (2020), https://crsreports.congress.gov/product/pdf/R/R46573/2. The Marshall Is-
lands, Micronesia, Palau, and the Northern Mariana Islands became U.S. Trust Territories in
1947. In 1978, the Marshall Islands, Micronesia, and Paula rejected territorial or commonwealth
status, and instead chose free association.
147 Pub. L. No. 94–105, 89 Stat. 511, (1975) (codified at 42 U.S.C. § § 1751, 1773).
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Trust Territories to the definition of a state. This addition author-
ized the Freely Associated States to receive child nutrition program
and WIC funding. However, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 148 repealed those provi-
sions.
FNS does not currently work with any of the Freely Associated
States on child nutrition efforts, and therefore additional work is
needed to assess the administrative and financial capability of
doing so. If Freely Associated States were to be included in the def-
inition of a state in statute for the purpose of participation in the
child nutrition programs, they would need to adopt new adminis-
trative processes and technology to implement programs and would
be responsible for program operations, including program oversight
and payments. To gather information regarding administrative and
financial capacity, potential challenges, and needed changes to
statute to effectuate the policy of allowing Freely Associated States
to participate in child nutrition programs, H.R. 8450 directs the
Secretary to complete a feasibility study to assess the ability and
preparedness of the Freely Associated States to operate such pro-
grams.
Supporting Food Donation
According to the Environmental Protection Agency, the United
States wastes over one-third of its food supply each year, con-
taining enough calories to feed more than 150 million people.149
The Natural Resources Defense Council found in 2015 that 8 per-
cent of food waste comes from institutional settings such as schools
and hospitals.150 While this may be a small percentage of overall
food waste, schools can play an important role in helping eliminate
child hunger and reducing food waste. Further, food donation provi-
sions can be helpful in diverting leftover food from going to land-
fills and help feed more children and families.151
The Bill Emerson Good Samaritan Food Donation Act of 1996
(the Emerson Act) provided the first federal protection for individ-
uals and organizations who wish to donate food in good faith.152
The Emerson Act provides protection from civil and criminal liabil-
ity for persons involved in the donation and distribution of food and
grocery products to needy individuals when donations are made in
good faith and the products are apparently wholesome or appar-
ently fit. With millions of Americans facing food insecurity,153 the
148 The Personal Responsibility and Work Opportunity Reconciliation Act of 1988, Pub. L. No.
104–193, 110 Stat. 2105 (1996) (codified at 42 U.S.C. § 1305).
149 From Farm to Kitchen: The Environmental Impacts of U.S. Food Waste, U.S. ENV’T PROT.
AGENCY (last visited Aug. 4, 2022), https://www.epa.gov/system/files/documents/2021-11/from-
farm-to-kitchen-the-environmental-impacts-of-u.s.-food-waste_508-tagged.pdf.
150 Wasted: How America is Losing up to 40 Percent of its Food from Farm to Fork to Landfill,
National Resources Defense Council (Aug. 2017), https://www.nrdc.org/sites/default/files/wasted-
2017-report.pdf.
151 Food Waste and Lost: Donations, U.S. DEP’T OF AGRIC. (last visited Aug. 19, 2022), https://
www.usda.gov/foodlossandwaste/donating.
152 42 U.S. Code § 1791. In 1996, Pub. Law No. 104–210 converted the Model Good Samaritan
Food Donation Act to permanent law and transferred the Act to the Child Nutrition Act of 1966,
renaming it as the Bill Emerson Good Samaritan Food Donation Act.
153 The Committee notes that both 42 U.S.C. § 1791 and 42 U.S.C. § 1758(l) contain provi-
sions relating to food donation, with the latter pertaining specifically to food donation in schools.
Further, the Committees notes that USDA has interpreted the Emerson Act to provide protec-
tions for schools because of the Emergency Food Assistance Act of 1983’s definition of ‘‘qualified
direct donor.’’ H.R. 8450 adds school and school food authority under the Emerson Act to pre-
clude any ambiguity. See e.g., U.S. DEP’T OF AGRIC., Frequently Asked Questions about the Bill
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provisions included in H.R. 8450 take important steps to encourage
food donation efforts by updating the provisions of the Emerson
Act. First, H.R. 8450 allows food donated by a school to be received,
stored, and distributed on the campus of the same school donating
the food. This provision complements child nutrition programs by
helping ensure that children and families can access food after the
school day has ended. Additionally, this provision may help reduce
stigma associated with food insecurity as schools are already a
place where children and families are regularly present and feel
comfortable.
The bill extends liability protections to donors when a recipient
pays a deeply reduced price (referred to as a ‘‘good Samaritan re-
duced price’’). Currently, the Emerson Act only protects food dona-
tions when the ultimate recipient receives the donation free of
charge. H.R. 8450 expands protections to include instances where
small fees are incurred, allowing nonprofit organizations to provide
food at a low price, for example, through nonprofit grocery stores.
Additionally, H.R. 8450 extends liability protection from the Emer-
son Act to direct donations to individuals. Further, H.R. 8450 re-
quires USDA to release updated regulations on the donations proc-
ess, which will provide much-needed clarity to businesses and food
pantries alike. The bill also makes technical and other changes to
modernize the provisions of the statutes.154
In addition to addressing food insecurity for children and fami-
lies, H.R. 8450 expressly extends liability protections to pet sup-
plies donated to animal shelters. These provisions build upon other
aspects of H.R. 8450, such as ensuring adequate meal time, reduc-
ing meal shaming, and reducing food waste, to collectively achieve
the goal of eliminating child hunger.
CONCLUSION
For over seventy-five years, child nutrition programs have pro-
vided vital nutrition support to children and families and nurtured
children’s health and school readiness. Child nutrition and related
programs are essential to addressing food insecurity for our na-
tion’s children. These crucial programs help ensure that infants
and children receive adequate nutrients to support their health
during a critical period of growth and development. Reauthorizing
and updating these child nutrition programs is necessary to meet
the needs of our nation. H.R. 8450 modernizes and invests in these
vital programs.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title; Table of contents
This section states that the title of the bill is the Healthy Meals,
Healthy Kids Act and lists the table of contents.
Section 2. Definition of Secretary
This section states that the term ‘‘Secretary’’ means the Sec-
retary of Agriculture.
Emerson Good Samaritan Food Donation Act (last visited Aug. 18, 2022), https://www.usda.gov/
sites/default/files/documents/usda-good-samaritan-faqs.pdf.
154 H.R. 8450 includes several changes to bring more alignment across the two sets of provi-
sions. For example, the definition of ‘‘nonprofit organization’’ has been made consistent.
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TITLE I—EXPANDING ACCESS TO SCHOOL MEALS
Section 101. Emergency waivers or modifications
This section provides the Secretary with the authority to waive
certain statutory or regulatory requirements under certain child
nutrition programs on a state-by-state or national level in the
event of a qualifying emergency.
Section 102. Direct certification for children receiving Medicaid ben-
efits
This section discontinues the pilot program allowing for direct
certification of children receiving Medicaid and permanently ex-
tends eligibility for direct certification of such children for free or
reduced price school meals. For free school meals, the bill allows
for direct certification of children receiving Medicaid who are mem-
bers of households with incomes at or below 133 percent of the pov-
erty line and who are eligible to receive Medicaid by virtue of re-
ceiving Adoption Assistance, Social Security Income, or Guardian-
ship Assistance. For reduced price meals, the bill allows direct cer-
tification of children receiving Medicaid who are members of house-
holds with incomes between 133 to 185 percent of the poverty line.
This section also provides improvement grants and technical assist-
ance to state agencies or Tribal organizations to carry out direct
certification.
Section 103. Expanding community eligibility
This section changes the multiplier used to determine the rate of
federal reimbursement to schools participating in the Community
Eligibility Provision (CEP) from 1.6 to 2.5, lowers the participation
threshold for schools to elect CEP from 40 percent to 25 percent of
identified students, and allows statewide election of CEP.
TITLE II—ENSURING THE LONG-TERM VIABILITY OF SCHOOL MEAL
PROGRAMS
Subtitle A—Programs Under the Richard B. Russell National
School Lunch Act
Section 201. Increasing reimbursement rate of school meals
This section increases the base reimbursement rate for meals
served in the National School Lunch Program (NSLP) by 10 cents.
Section 202. Statewide technology solutions included as State ad-
ministrative costs
This section allows state administrative expense (SAE) funds to
be used for statewide technology solutions.
Section 203. Annual reimbursement rate and commodity improve-
ments
This section adds commodity assistance at a rate of 6 cents per
meal, adjusted for inflation, to the School Breakfast Program
(SBP). This section also changes the date on which the value of
commodities is updated (based on the Price Index for Food Used in
Schools and Institutions) to January 15 each year.
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Section 204. Food service management
This section requires that the Secretary issue a request for infor-
mation: on the role of food service management companies (FSMCs)
in carrying out child nutrition programs, including contract prac-
tices; trends in compensation and benefits; participation of small,
women, and minority owned businesses as FSMCs; and any prac-
tices undermining collective bargaining. This sections also requires
the Secretary to issue a rule regarding the role of food service man-
agement companies.
Section 205. Kitchen improvement and personnel training
This section authorizes $35,000,000 per year for FY 2024
through FY 2028 in discretionary appropriations to purchase kitch-
en equipment, improve kitchen infrastructure, purchase software
and technology systems needed to serve healthy meals and promote
food safety, support scratch cooking, and facilitate the use of salad
bars in school meal programs. This section also establishes a grant
program to support scratch cooking by promoting professional de-
velopment and training for preparing, procuring, and serving
scratch cooked meals and by providing student engagement activi-
ties. This section authorizes a technical assistance center on
scratch cooking to support grantees and reserves 10 percent of the
funding for this purpose.
Section 206. Statewide online household applications
This section allows state agencies to establish a statewide online
application to determine the eligibility of children in households in
that state to receive free or reduced price school meals. This section
also requires that eligibility determinations be maintained when a
student transfers to a new school in the state.
Subtitle B—Programs Under the Child Nutrition Act of 1966
Section 211. Professional development and training
This section requires that training for school food service per-
sonnel be scheduled during regular, paid working hours. If training
is not done during paid working hours, then the time spent in
training must be considered compensable at a rate not less than
the individual’s regular rate of pay. Any food service personnel who
cannot attend such training may not be discharged.
Section 212. Technology and infrastructure improvement
This section extends the authorization of appropriations for Tech-
nology Infrastructure Grants through FY 2028.
Section 213. State administrative expenses
This section extends the authorization of appropriations for SAE
funds through FY 2028.
TITLE III—MODERNIZING THE SPECIAL SUPPLEMENTAL NUTRITION
PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC)
Section 301. Adjunctive eligibility
This section requires WIC to automatically certify infants born to
a mother participating in WIC, and it extends adjunctive eligibility
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to women, infants, or children under the age of six residing in a
household in which a member participates in the Children’s Health
Insurance Program (CHIP), Head Start, Early Head Start, or the
Food Distribution Program on Indian Reservations (FDPIR).
Section 302. WIC eligibility and certification periods
This section extends eligibility for WIC through a child’s sixth
birthday or the day they begin kindergarten, whichever is earlier.
Additionally, this section requires WIC agencies to certify infants,
children, breastfeeding women, and (non-breastfeeding) postpartum
women for two-year periods. These changes in certification are
mandatory beginning on October 1, 2026. This section also makes
breastfeeding and (non-breastfeeding) post-partum women eligible
for WIC for two years post-partum. This section allows WIC agen-
cies to adjust certification periods for members of the same house-
hold in order to establish alignment of household members’ certifi-
cation periods. This section allows information provided by a health
care provider to be used to establish nutrition risk for program eli-
gibility. This section also provides a 90-day period of interim nutri-
tional risk eligibility for all participants and allows 30-day tem-
porary eligibility for all participants based on a signed self-attesta-
tion of eligibility. Finally, this section requires states to develop
policies on eligibility for children in kinship care in alignment with
the current statutory requirements for children in foster care.
Section 303. Certification and recertification determinations and
nutritional risk evaluations
This section requires WIC clinics to offer applicants in-person,
phone, and video options, as determined by the Secretary, for cer-
tification and recertification appointments, and for evaluation of
nutritional risk. This section also allows state agencies to issue
benefits remotely (such as by uploading them to a benefit card or
by mail). This section authorizes $90,000,000 in annual discre-
tionary appropriations for investments in WIC technology, includ-
ing the development of secure communication systems to share
data between WIC clinics and other health care providers. This sec-
tion requires the Secretary to collect data on the percentage of
WIC-eligible SNAP recipients and the percentage of WIC-eligible
Medicaid recipients certified in WIC and develop a plan across pro-
grams to increase these percentages.
Section 304. Paperwork reduction
This section allows a single document, including in electronic
form or provided electronically, to provide all information required
for certification or recertification.
Section 305. Nutrition education materials related to food allergies
This section allows the provision of nutrition education materials
for WIC-eligible individuals with food allergies.
Section 306. Breastfeeding supply coverage
This section allows breastfeeding supplies to be purchased with
funds available for the provision of food benefits.
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Section 307. Water benefits during disasters
This section allows a state or local agency to purchase and dis-
tribute safe drinking water to WIC participants during an emer-
gency period for preparation of infant formula.
Section 308. Infant formula procurement online source of informa-
tion
This section requires the Secretary to create an online source of
information pertaining to state agency infant formula bid solicita-
tions.
Section 309. Breastfeeding peer counselor program
This section permanently authorizes the breastfeeding peer coun-
selor program and increases the authorization of discretionary an-
nual appropriations for breastfeeding peer counselors from
$90,000,000 to $180,000,000 to be used for establishing and admin-
istering the breastfeeding peer counselor programs and providing
breastfeeding support in health care settings outside of the WIC
clinic, or in partnership with the Maternal, Infant, and Early
Childhood Home Visiting program.
Section 310. Product pricing
This section makes a technical update to the way product prices
are described and it brings it in alignment with modern retail sys-
tems.
Section 311. WIC A50 stores
This section allows stores that derive more than 50 percent of
their food sales from WIC to receive a reimbursement rate that
consists of the average reimbursement rate for the same food prod-
ucts at other stores within a 5 percent margin.
Section 312. WIC EBT modernization
This section makes statutory updates needed to permit online
and mobile payments in WIC, and it prohibits interchange and
transaction fees from being imposed on WIC vendors. This section
requires each state agency to approve at least three vendors for on-
line WIC purchases by October 1, 2025 and requires a report to
Congress on the implementation of online and mobile payments in
WIC. This section also sets aside $40,000,000 in annual discre-
tionary appropriations in FY 2023 through FY 2028 to support re-
tailers, particularly small businesses, in modernization efforts.
Section 313. Spend forward authorities
This section increases WIC state agency back spending authority
for food funds in a preceding fiscal year from 1 percent to 10 per-
cent, and it increases WIC State agency back spending authority
for NSA funds in a preceding fiscal year from 1 percent to 10 per-
cent. This section also increases the percentage of NSA funding
that can be spent in a subsequent fiscal year from 3 percent to 10
percent and allows up to 3 percent of WIC state funding to be
spent in a subsequent fiscal year, provided that the funds go to-
ward activities related to food delivery.
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Section 314. Administrative simplification
This section streamlines the process for submitting state plans.
This section also eliminates the National Advisory Council on Ma-
ternal, Infant, and Fetal Nutrition which is no longer in operation.
Section 315. Authorization of appropriations
This section amends the authorization of appropriations for WIC
from FY 2010 through FY 2015 to FY 2023 through FY 2028.
Section 316. WIC Farmers’ Market Nutrition Program
This section allows WIC FMNP benefits to be accepted by Com-
munity Supported Agriculture programs. This section also allows
WIC FMNP benefits to be redeemed at a central point of sale, mak-
ing it easier to redeem benefits at a farmers’ market. This section
further eliminates the state matching requirement for states and
Tribal state agencies for FMNP. This section increases the min-
imum FMNP benefit level to $20 and the maximum benefit level
to $100 and increases the percentage of funding states may use for
administrative expenses.
Section 317. Supporting healthy mothers and infants
This section requires the Secretary, in collaboration with the Sec-
retary of Health and Human Services, to develop and disseminate
evidence-based WIC nutrition education materials for individuals
impacted by a substance use disorder. This section also requires
the Secretary to make available to state agencies an online clear-
inghouse with nutrition education and training materials for indi-
viduals impacted by a substance use disorder. To carry out this sec-
tion, $1,000,000 is authorized to be appropriated in FY 2024 and
remains available until expended.
TITLE IV—MODERNIZING THE CHILD AND ADULT CARE FOOD PROGRAM
(CACFP)
Section 401. Eligibility certification criteria for proprietary child
care centers
This section allows CACFP eligibility for proprietary child care
centers to be determined on an annual basis in alignment with
other child care centers.
Section 402. Automatic eligibility for children in supplemental nu-
trition assistance households
This section allows a child to be automatically eligible for bene-
fits if the child is a member of household that receives SNAP bene-
fits.
Section 403. Review of serious deficiency process
This section requires the Secretary to review and issue guidance
on the regulations regarding the serious deficiency process for
CACFP not later than one year after the date of enactment of the
bill.
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Section 404. Authorization of reimbursements for additional meal or
snack
This section allows reimbursement of up to two meals and two
snacks or three meals and one snack per child per day for children
in care for at least eight hours per day.
Section 405. Adjustments
This section allows annual adjustments to reflect the Consumer
Price Index for food away from home to be used for reimburse-
ments for food served in family or group day care homes.
Section 406. Age limits in homeless shelters and emergency shelters
This section increases the age limit for reimbursement for meals
and supplements served in homeless shelters and emergency shel-
ters to individuals who have not yet attained the age of 25.
Section 407. Advisory committee on paperwork reduction
This section establishes an advisory committee to examine the
feasibility of reducing unnecessary or duplicative paperwork and
provide recommendations to the Secretary to reduce paperwork.
This section also requires the Secretary to issue guidance and, if
appropriate, regulations, in response to these recommendations
within three years of enactment.
TITLE V—ADDRESSING CHILD FOOD INSECURITY DURING THE SUMMER
Section 501. Summer Food Service Program for children
This section reduces the eligibility threshold for participation in
the SFSP from 50 to 40 percent of the children residing in the area
who have been determined to be eligible for free or reduced-price
meals. This section allows schools operating the NSLP to continue
operating the Seamless Summer Option for meals served during
the summer and school vacation periods. This section creates an
option for year-round meal service under SFSP for non-school meal
providers during afterschool hours, weekends, and holidays. This
section authorizes a competitive grant program to increase partici-
pation in SFSP at feeding sites through innovative approaches in-
cluding transportation and mobile meal delivery and authorizes
$10,000,000 each fiscal year for such grants. This section allows
meal service through SFSP during unanticipated closures for school
sites. This section allows service institutions that participate in
SFSP to serve up to three meals, or two meals and one snack, per
child per day. This section also requires updated nutrition stand-
ards for SFSP and specifies that outreach materials for SFSP be
culturally and linguistically appropriate. This section allows non-
school sponsors under SFSP to utilize the offer versus serve provi-
sion to allow students to decline some of the foods offered to help
prevent food waste. Finally, the section authorizes the SFSP
through FY 2028.
Section 502. Summer Electronic Benefit Transfer for children pro-
gram
This section authorizes a permanent nationwide Summer Elec-
tronic Benefit Transfer (Summer EBT) program to provide benefits
at a rate of $75 per child per month during the summer. This sec-
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86
tion requires the Secretary to issue implementation grants to sup-
port Summer EBT.
TITLE VI—IMPROVING CAPACITY AND PROMOTING SUSTAINABILITY
Section 601. Values-aligned procurement
This section expands the list of criteria institutions may use to
source agricultural products, including unprocessed food products
that were locally grown and locally raised or produced by a socially
disadvantaged or beginning farmer or rancher. This section also
authorizes school districts to include certain values-aligned pur-
chasing criteria as a specification in their competitive bids.
Section 602. Procurement training
This section extends an annual authorization of $1,000,000 each
year for procurement training for FY 2023 through FY 2028.
Section 603. Buy American
This section clarifies requirements for SFAs in assessing compli-
ance with current Buy American requirements in the context of ex-
isting administrative review processes. This section enables the
Secretary to receive information on the availability of domestically-
produced products and where cost differentials between domesti-
cally-produced and foreign-produced goods are prohibitive. Addi-
tionally, the section requires the Secretary to add certain questions
to assessments, including information on the use of foreign-pro-
duced goods.
Section 604. Plant-based foods in schools
This section establishes a pilot grant program to support the pro-
vision of plant-based foods in schools participating in NSLP. Grant
funds may be used for professional development training for food
service personnel, technical assistance, student engagement and
education, outreach, and procurement costs associated with pur-
chasing plant-based foods. To carry out this section, $10,000,000 is
authorized for FY 2024, to remain available through 2028.
Section 605. Food waste and nutrition education
This section establishes a grant program to carry out food waste
measurement and reporting, prevention, education, and reduction
projects in schools. Funds may be used to plan and carry out food
waste measurement, prevention, and reduction projects; provide
training; purchase equipment to support projects; and offer food
waste education. To carry out this section, $10,000,000 is author-
ized for FY 2024, to remain available through 2028.
Section 606. Farm to School Grant Program
This section makes updates to the Farm to School Program and
changes the mandatory authorization of funds from $5,000,000 per
year to $15,000,000 per year. This section also increases the max-
imum Farm to School grant award to $500,000 and removes the
matching funds requirement.
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TITLE VII—SUPPORTING TRIBES AND FREELY ASSOCIATED STATES
Section 701. Tribally operated meal and snack pilot project
This section creates a pilot project to allow for Indian tribes to
assume responsibility for administering the School Breakfast Pro-
gram, the National School Lunch Program, the Child and Adult
Care Food Program, or the Summer Food Service Program in lieu
of a state agency.
Section 702. Island areas eligibility feasibility study under the Rich-
ard B. Russell National School Lunch Act
This section directs the Secretary to complete a feasibility study
within 12 months to assess the ability and preparedness of the
freely associated states to operate child nutrition programs author-
ized under the Richard B. Russell National School Lunch Act and
the Child Nutrition Act of 1966.
TITLE VIII—ADDRESSING LUNCH SHAMING AND UNPAID MEAL DEBT
Section 801. Unpaid meal debt
This section prohibits school districts from publicly identifying
students who have unpaid meal debts or hiring debt collectors to
recover unpaid meal debts. Additionally, this section requires
schools to attempt to directly certify a child with unpaid meal debt
and allows schools to be retroactively reimbursed for meals served
to a child who was unable to pay for them and is later deemed eli-
gible for free or reduced price meals.
Section 802. National advisory council on unpaid meal debt in child
nutrition programs
This section establishes an advisory council to provide rec-
ommendations to the Secretary pertaining to addressing unpaid
meal debt that ensures that no student is stigmatized and that
school food authorities can maintain fiscal solvency. This section
also requires the Secretary to issue guidance based on these rec-
ommendations. To carry out this section, $1,500,000 is authorized
to be appropriated to remain available until after the submission
of the report.
TITLE IX—STRENGTHENING EVIDENCE-BASED NUTRITION STANDARDS
Section 901. Updating Nutrition Standards for Meal Patterns
This section requires the Secretary to promulgate regulations to
update the nutrition standards for schools participating in the
NSLP or SBP to align with the most recent DGAs not less than
once every 10 years or not later than one year after two consecu-
tive publications of the DGAs.
This section allows the Secretary to provide assistance to schools
to improve school health environments and provide healthy meals.
Assistance can include grants and monetary incentives to schools
and entities working with schools to carry out NSLP and SBP. This
section provides $3,000,000 in grants for FY 2023 and $3,000,000
for each following year to be adjusted for inflation, in addition to
$30,000,000 for grants and monetary incentives to improve the nu-
tritional quality of school meals and support other healthy food ini-
tiatives in schools. This section also requires the Secretary to annu-
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88
ally publish a list of schools that are in compliance with the up-
dated nutrition standards on the Department’s website.
Section 902. Non-nutritive sweeteners, synthetic dyes, and other po-
tentially harmful substances in school meals
This section requires the Secretary to establish an agreement
with the National Academy of Sciences under which the National
Academy will create and publish a report that includes rec-
ommendations on nutrition standards including the use of non-nu-
tritive sweeteners, synthetics dyes, and other potentially harmful
substances in school meals. Based on the recommendations, the
Secretary may promulgate proposed regulations.
TITLE X—OTHER MATTERS
Subtitle A—Programs Under the Richard B. Russell National
School Lunch Act
Section 1001. Accommodating dietary requirements
This section requires schools to provide a non-dairy fluid milk
substitute to children with special dietary needs if a parent or
guardian makes a written request to the school district. This sec-
tion also allows schools to provide a non-dairy fluid milk substitute
to any student as part of a reimbursable meal without a note. All
non-dairy fluid milk substitutes must meet the nutrition standards
established by the Secretary and be consistent with the most recent
DGAs. This section also ensures that nutritionally equivalent food
substitutions for religious dietary needs are permitted. This section
provides $2,000,000 in grants for FY 2024 to remain available for
three years after the enactment of the section.
Section 1002. Data protections for household applications
This section requires the Secretary to establish requirements for
the protection of school meal applicant data.
Section 1003. Eating disorder prevention
This section incorporates mental health promotion and edu-
cation, including awareness of eating disorders, into local school
wellness policies. This section increases the authorization for these
activities from $3,000,000 to $5,000,000 for FY 2024 and allows
those funds to remain available until expended.
Section 1004. Compliance and accountability
This section reauthorizes funding to support compliance and ac-
countability activities through FY 2028.
Section 1005. National Hunger Hotline and Clearinghouse
This section increases the authorization for appropriations for
the National Hunger Hotline and Clearinghouse from $250,000 to
$500,000 for each year from FY 2023 through FY 2028.
Section 1006. Ensuring adequate meal time
This section requires the Secretary to enter into an agreement
with an independent, nonpartisan, science-based research organiza-
tion to carry out a study on the time lunches are served, recess is
offered, and the duration of lunch periods. This section also directs
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the Secretary to establish a task force in coordination with the Sec-
retary of Education to review the study and other pertinent re-
search and to develop best practices. This section further requires
the Secretary to issue guidance on best practices developed by the
task force. To carry out this section, $1,000,000 is authorized for
FY 2024 and allows those funds to remain available until ex-
pended.
Subtitle B—Programs Under the Child Nutrition Act of 1966
Section 1011. Enhancing nutrition education
This section adds scratch cooking training as part of the Team
Nutrition program to promote nutritional health. This section also
allows Team Nutrition funds to be used for hiring qualified, full-
time food and nutrition educators to carry out nutrition education
programs in schools.
Subtitle C—Improving Food Donations
Section 1021. Food donation in schools
This section updates terminology around food donation and per-
mits school campuses to receive, store, and distribute donated food.
Section 1022. Bill Emerson Good Samaritan Food Donation Act
This section updates the Bill Emerson Good Samaritan Food Do-
nation Act 155 by expanding liability protections for food that is ap-
parently wholesome and sold at a price that is an amount not
greater than the cost of handling, administering, and distributing
the food; extending protections to food and supplies donated for
pets; and providing liability protections for direct donations. This
section also clarifies the application of food donation provisions to
instances where donations are given to animal shelters.
Section 1023. Regulations
This section requires the Secretary to issue regulations regarding
food donation.
Subtitle D—Miscellaneous
Section 1031. Technical Amendments
This section makes technical and conforming amendments to the
Child Nutrition Act and the National School Lunch Act.
EXPLANATION OF AMENDMENTS
The amendments, including the amendment in the nature of a
substitute, are explained in the descriptive portions of this report.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Pursuant to section 102(b)(3) of the Congressional Accountability
Act of 1995, Pub. L. No. 104–1, H.R. 8450, as amended, does not
apply to terms and conditions of employment or to access to public
services or accommodations within the legislative branch.
155 Bill Emerson Good Samaritan Food Donation Act, Pub. L. No. 104–210, 110 Stat. 3011
(1996) (codified at 42 U.S.C. § 1791).
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UNFUNDED MANDATE STATEMENT
Pursuant to Section 423 of the Congressional Budget and Im-
poundment Control Act of 1974, Pub. L. No. 93–344 (as amended
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 1995,
Pub. L. No. 104–4), the Committee traditionally adopts as its own
the cost estimate prepared by the Director of the Congressional
Budget Office (CBO) pursuant to section 402 of the Congressional
Budget and Impoundment Control Act of 1974. The Committee re-
ports that because this cost estimate was not timely submitted to
the Committee before the filing of this report, the Committee is not
in a position to make a cost estimate for H.R. 8450, as amended.
EARMARK STATEMENT
In accordance with clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 8450 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as de-
scribed in clauses 9(e), 9(f), and 9(g) of rule XXI.
ROLL CALL VOTES
In compliance with clause 3(b) of rule XIII of the Rules of the
House of Representatives, the Committee advises that the following
roll call votes occurred during the Committee’s consideration of
H.R. 8450:
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STATEMENT OF PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause (3)(c) of rule XIII of the Rules of the House
of Representatives, the goals of H.R. 8450 are to comprehensively
update and improve the child nutrition programs under the Rich-
ard B. Russell National School Lunch Act of 1946 and the Child
Nutrition Act of 1966 to better meet the needs of children and fami-
lies.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, the Committee states that no provision of H.R.
8450 is known to be duplicative of another federal program, includ-
ing any program that was included in a report to Congress pursu-
ant to section 21 of Pub. L. No. 111–139 or the most recent Catalog
of Federal Domestic Assistance.
HEARINGS
Pursuant to clause 3(c)(6) of rule XIII of the Rules of the House
of Representatives, the Committee held four hearings that were
used to develop H.R. 8450.
The CRHS Subcommittee held a hearing on May 12, 2021, titled
‘‘Examining the Policies and Priorities of the U.S. Department of
Agriculture’s Food and Nutrition Service,’’ which was used to de-
velop H.R. 8450. The Subcommittee heard testimony on President
Biden’s FY 2022 Budget proposal for child nutrition programs
under the Department of Agriculture’s Food and Nutrition Service
(FNS) and the Biden Administration’s priorities for federal child
nutrition programs. The Subcommittee heard testimony from Ms.
Stacy Dean, Deputy Under Secretary for Food, Nutrition, and Con-
sumer Services, U.S. Department of Agriculture, Washington, DC.
The CRHS Subcommittee held a hearing on June 10, 2021, titled
‘‘Ending Child Hunger: Priorities for Child Nutrition Reauthoriza-
tion,’’ which was used to develop H.R. 8450. The Subcommittee
heard testimony on ideas for Congressional action to end child hun-
ger, including through the reauthorization of federal child nutrition
programs and additional federal investment. The Subcommittee
heard testimony from: Mr. Michael Wilson, Director, Maryland
Hunger Solutions, Baltimore, MD; Ms. Crystal Cooper, Executive
Director, Nutrition Support Services in Chicago Public Schools,
Chicago, IL; Mr. Brandon Lipps, Principal, Caprock Strategies, Al-
exandria, VA; and Mr. Tom Colicchio, Chef and Owner, Crafted
Hospitality, New York, NY.
The CRHS Subcommittee held a hearing on July 28, 2021, titled
‘‘Food for Thought: Examining Federal Nutrition Programs for
Young Children and Infants,’’ which was used to develop H.R.
8450. The Subcommittee heard testimony on ways to improve and
strengthen WIC and the CACFP. The Subcommittee heard testi-
mony from: Ms. Teresa Turner, MS, RD, LDN, SNS, FAND, Nutri-
tionist, Child and Youth Services, United States Army, Glen
Burnie, MD; Ms. Paula Garrett, MS, RD, Division Director for
Community Nutrition, Virginia Department of Health, Richmond,
VA; Ms. Jessica Burris, North Carolina WIC Participant and
Breastfeeding Peer Counselor, Montgomery County Department of
Health, Troy, NC; and Mr. Trevor Farrell, Senior Vice President
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96
and Chief Commercial Officer, Americas, Schreiber Foods, Inc.,
Green Bay, WI.
The CRHS Subcommittee held a hearing on June 23, 2022, titled
‘‘Examining the Policies and Priorities of the U.S. Department of
Agriculture’s Food and Nutrition Service,’’ which was used to de-
velop H.R. 8450. The Subcommittee heard testimony on President
Biden’s FY 2023 Budget proposal for child nutrition programs
under the Department of Agriculture’s Food and Nutrition Service
(FNS) and the Biden Administration’s priorities for federal child
nutrition programs. The Subcommittee heard testimony from Ms.
Cindy Long, Administrator, Food and Nutrition Service, U.S. De-
partment of Agriculture, Washington, DC.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF
THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the Commit-
tee’s oversight findings and recommendations are reflected in the
descriptive portions of this report.
NEW BUDGET AUTHORITY AND CBO COST ESTIMATE
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a) of the Congressional Budget
and Impoundment Control Act of 1974, and pursuant to clause
3(c)(3) of rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget and Impoundment Control
Act of 1974, the Committee has requested but not received a cost
estimate for the bill from the Director of the Congressional Budget
Office.
COMMITTEE COST ESTIMATE
Clause 3(d)(1) of rule XIII of the Rules of the House of Rep-
resentatives requires an estimate and a comparison of the costs
that would be incurred in carrying out H.R. 8450. However, clause
3(d)(2)(B) of that rule provides that this requirement does not
apply when the committee has included in its report a timely sub-
mitted cost estimate of the bill prepared by the Director of the Con-
gressional Budget Office under section 402 of the Congressional
Budget and Impoundment Control Act of 1974. The Committee re-
ports that because this cost estimate was not timely submitted to
the Committee before the filing of this report, the Committee is not
in a position to make a cost estimate for H.R. 8450, as amended.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
H.R. 8450, as reported, are shown as follows:
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
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and existing law in which no change is proposed is shown in
roman):
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
* * * * * * *
APPORTIONMENTS TO STATES
SEC. 4. (a) The sums appropriated for any fiscal year pursuant
to the authorizations contained in section 3 of this Act shall be
available to the Secretary for supplying agricultural commodities
and other food for the program in accordance with the provisions
of this Act.
(b)(1) The Secretary shall make food assistance payments to each
State educational agency each fiscal year, at such times as the Sec-
retary may determine, from the sums appropriated for such pur-
pose, in a total amount equal to the product obtained by multi-
plying—
(A) the number of lunches (consisting of a combination of
foods which meet the minimum nutritional requirements pre-
scribed by the Secretary under section 9(a) of this Act) served
during such fiscal year in schools in such State which partici-
pate in the school lunch program under this Act under agree-
ments with such State educational agency; by
(B) the national average lunch payment prescribed in para-
graph (2) of this subsection.
(2) The national average lunch payment for each lunch served
shall be ø10.5 cents¿ 20.5 cents (as adjusted pursuant to section
11(a) of this Act) except that for each lunch served in school food
authorities in which 60 percent or more of the lunches served in
the school lunch program during the second preceding school year
were served free or at a reduced price, the national average lunch
payment shall be 2 cents more.
(3) ADDITIONAL REIMBURSEMENT.—
(A) REGULATIONS.—
(i) PROPOSED REGULATIONS.—Notwithstanding sec-
tion 9(f), not later than 18 months after the date of en-
actment of this paragraph, the Secretary shall promul-
gate proposed regulations to update the meal patterns
and nutrition standards for the school lunch program
authorized under this Act and the school breakfast
program established by section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773) based on rec-
ommendations made by the Food and Nutrition Board
of the National Research Council of the National
Academy of Sciences.
(ii) INTERIM OR FINAL REGULATIONS.—
(I) IN GENERAL.—Not later than 18 months after
promulgation of the proposed regulations under
clause (i), the Secretary shall promulgate interim
or final regulations.
(II) DATE OF REQUIRED COMPLIANCE.—The Sec-
retary shall establish in the interim or final regu-
lations a date by which all school food authorities
participating in the school lunch program author-
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98
ized under this Act and the school breakfast pro-
gram established by section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773) are required to
comply with the meal pattern and nutrition stand-
ards established in the interim or final regula-
tions.
(iii) REPORT TO CONGRESS.—Not later than 90 days
after the date of enactment of this paragraph, and
each 90 days thereafter until the Secretary has pro-
mulgated interim or final regulations under clause (ii),
the Secretary shall submit to the Committee on Edu-
cation and Labor of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry
of the Senate a quarterly report on progress made to-
ward promulgation of the regulations described in this
subparagraph.
(B) PERFORMANCE-BASED REIMBURSEMENT RATE IN-
CREASE.—Beginning on the later of the date of promulga-
tion of the implementing regulations described in subpara-
graph (A)(ii), the date of enactment of this paragraph, or
October 1, 2012, the Secretary shall provide additional re-
imbursement for each lunch served in school food authori-
ties determined to be eligible under subparagraph (D).
(C) ADDITIONAL REIMBURSEMENT.—
(i) IN GENERAL.—Each lunch served in school food
authorities determined to be eligible under subpara-
graph (D) shall receive an additional 6 cents, adjusted
in accordance with section 11(a)(3), to the national
lunch average payment for each lunch served.
(ii) DISBURSEMENT.—The State agency shall dis-
burse funds made available under this paragraph to
school food authorities eligible to receive additional re-
imbursement.
(D) ELIGIBLE SCHOOL FOOD AUTHORITY.—øTo be eligible¿
(i) IN GENERAL.—To be eligible to receive an addi-
tional reimbursement described in this paragraph, a
school food authority shall be certified by the State to
be in compliance with the interim or final regulations
described in subparagraph (A)(ii).
(ii) REPORT.—The Secretary shall make publicly
available on the website of the Department and update
on an annual basis a list of school food authorities cer-
tified to be in compliance in accordance with clause (i).
(E) FAILURE TO COMPLY.—Beginning on the later of the
date described in subparagraph (A)(ii)(II), the date of en-
actment of this paragraph, or October 1, 2012, school food
authorities found to be out of compliance with the meal
patterns or nutrition standards established by the imple-
menting regulations shall not receive the additional reim-
bursement for each lunch served described in this para-
graph.
(F) ADMINISTRATIVE COSTS.—
(i) IN GENERAL.—Subject to clauses (ii) and (iii), the
Secretary shall make funds available to States for
State activities related to training, technical assist-
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99
ance, certification, statewide technology solutions, and
oversight activities of this paragraph.
(ii) PROVISION OF FUNDS.—The Secretary shall pro-
vide funds described in clause (i) to States admin-
istering a school lunch program in a manner propor-
tional to the administrative expense allocation of each
State during the preceding fiscal year.
(iii) FUNDING.—
(I) IN GENERAL.—In the later of the fiscal year
in which the implementing regulations described
in subparagraph (A)(ii) are promulgated or the fis-
cal year in which this paragraph is enacted, and
in the subsequent fiscal year, the Secretary shall
use not more than $50,000,000 of funds made
available under section 3 to make payments to
States described in clause (i).
(II) RESERVATION.—In providing funds to States
under clause (i), the Secretary may reserve not
more than $3,000,000 per fiscal year to support
Federal administrative activities to carry out this
paragraph.
* * * * * * *
DIRECT FEDERAL EXPENDITURES
SEC. 6. (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, other than section 3 thereof, 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 sec-
tion 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; and
(3) not to exceed 1 per centum of the funds provided for car-
rying 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 sup-
plement 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,
shall be available to the Secretary during such year for direct ex-
penditure 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
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100
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.
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, facilitating operations with respect to the purchase and dis-
position of surplus agricultural commodities under section 32 of the
Act approved August 24, 1935, 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 pro-
ducers unless such specifications will result in significant advan-
tages to the food service programs authorized by this Act and the
Child Nutrition Act of 1966.
ø(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.¿
(b) The Secretary shall deliver, to each State participating in the
school lunch program under this Act and the school breakfast pro-
gram under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773), commodities valued at the total level of assistance authorized
under subsections (c) and (d) for each school year for the school
lunch and school breakfast programs in the State, not later than
September 30 of the following school year.
ø(c)¿ø(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 Statis-
tics.
ø(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
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101
for March, April, and May each year. Such adjustment shall be
computed to the nearest 1⁄4 cent.
ø(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 pre-
ceding school year and increase or reduce subsequent commodity
assistance or cash in lieu thereof provided to each State based on
such reconciliation.
ø(D) Among those commodities delivered under this section, the
Secretary shall give special emphasis to high protein foods, meat,
and meat alternates (which may include domestic seafood commod-
ities and their products).
ø(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.¿
(c) NATIONAL SCHOOL LUNCH COMMODITY ASSISTANCE.—
(1)(A) Not later than January 15 of each year after the date
of the enactment of the Healthy Meals, Healthy Kids Act, the
Secretary shall—
(i) calculate the national average value of donated foods
for school lunch, or cash payments in lieu thereof, in ac-
cordance with subparagraph (B); and
(ii) adjust the amount calculated under clause (i) by the
annual percentage change in the 3-month average value of
the Producer Price Index for Foods Used in Schools and In-
stitutions—
(I) for the preceding August, September, and October,
computed to the nearest 1/4 cent;
(II) using 5 major food components in the Producer
Price Index of the Bureau of Labor Statistics, which
are—
(aa) cereal and bakery products;
(bb) meats, poultry, and fish;
(cc) dairy products;
(dd) processed fruits and vegetables; and
(ee) fats and oils; and
(III) weighing each such component using the same
relative weight as determined by the Bureau of Labor
Statistics.
(B) The national average value of donated foods, or cash pay-
ments in lieu thereof, shall be equal to 12 percent of the
quotient obtained by dividing—
(i) the total assistance provided in the preceding school
year under section 4, this section, and section 11; by
(ii) the number of lunches served in the preceding school
year.
(C) Not later than January 15 of each year after the date of
the enactment of the Healthy Meals, Healthy Kids Act, the Sec-
retary shall calculate the total commodity assistance or cash
payments in lieu thereof available to a State for the upcoming
school year by multiplying the number of lunches served in the
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102
most recent school year for which data are available by the rate
established in subparagraph (A). The Secretary shall also an-
nually reconcile the amount of commodity assistance or cash
payments in lieu thereof made available under this subpara-
graph with the amount of assistance used by each State and in-
crease or reduce subsequent commodity assistance or cash pay-
ments in lieu thereof based on such reconciliation.
(D) Among those commodities delivered under this section,
the Secretary shall give special emphasis to high protein foods,
meat, 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 sub-
section 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 Sec-
retary to the extent that quantities requested are sufficient to
allow efficient delivery to and within the State.
ø(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(e)(1) Subject to paragraph (2), in each school year the Secretary
shall ensure that not less than 12 percent of the assistance pro-
vided under section 4, this section, and section 11 shall be in the
form of—
ø(A) commodity assistance provided under this section, in-
cluding cash in lieu of commodities and administrative costs
for procurement of commodities under this section; or
ø(B) during the period beginning October 1, 2003, and end-
ing September 30, 2018, commodities provided by the Sec-
retary under any provision of law.
ø(2) If amounts available to carry out the requirements of the
sections described in paragraph (1) are insufficient to meet the re-
quirement contained in paragraph (1) for a school year, the Sec-
retary shall, to the extent necessary, use the authority provided
under section 14(a) to meet the requirement for the school year.¿
(d) SCHOOL BREAKFAST LEVEL OF COMMODITY ASSISTANCE.—
(1) IN GENERAL.—The national average value of donated
foods for school breakfasts, or cash payments in lieu thereof,
shall be 6 cents, adjusted in the same manner as the amount
calculated under clause (i) of subparagraph (A) of subsection
(c)(1) is adjusted under clause (ii) of such subparagraph.
(2) ALLOCATION.—Not later than January 15 of each year
after the date of the enactment of the Healthy Meals, Healthy
Kids Act, the Secretary shall—
(A) calculate the total commodity assistance or cash pay-
ments in lieu thereof available to a State for the upcoming
school year by multiplying the number of breakfasts served
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103
in the most recent school year for which data are available
by the rate established in paragraph (1); and
(B) annually reconcile the amount of commodity assist-
ance or cash payments in lieu thereof made available under
this subparagraph with the amount of assistance used by
each State and increase or reduce subsequent commodity
assistance or cash payments in lieu thereof based on such
reconciliation.
ø(f)¿ (e) 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 permit-
ting 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 pro-
curement 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 es-
tablished for participation.
(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—
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104
(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.
* * * * * * *
NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS
SEC. 9. (a)(1)(A) Lunches served by schools participating in the
school lunch program under this Act shall meet minimum nutri-
tional requirements prescribed by the Secretary on the basis of
tested nutritional research, except that the minimum nutritional
requirements—
ø(i) shall not be construed to prohibit the substitution of
foods to accommodate the medical or other special dietary
needs of individual students; and¿
(i) shall not—
(I) be construed to prohibit the substitution of foods to ac-
commodate the medical needs of individual students; or
(II) be construed to prohibit the nutritionally-equivalent
substitution of foods to accommodate religiously-based or
other special dietary needs of individual students; and
(ii) shall, at a minimum, be based on the weekly average of
the nutrient content of school lunches.
(B) The Secretary shall provide technical assistance and training,
including technical assistance and training in the preparation of
ølower-fat versions of foods commonly used in the school lunch pro-
gram under this Act¿ foods that comply with the meal patterns pre-
scribed by the Secretary, to schools participating in the school lunch
program to assist the schools in complying with the nutritional re-
quirements prescribed by the Secretary pursuant to subparagraph
(A) and in providing appropriate meals to children with medically
certified special dietary needs. The Secretary shall provide addi-
tional technical assistance to schools that are having difficulty
maintaining compliance with the requirements.
(2) FLUID MILK.—
(A) IN GENERAL.—Lunches served by schools partici-
pating in the school lunch program under this Act—
(i) shall offer students a variety of fluid milk. Such
milk shall be consistent with the most recent Dietary
Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Re-
search Act of 1990 (7 U.S.C. 5341);
(ii) may offer students flavored and unflavored fluid
milk and lactose-free fluid milk; and
ø(iii) shall provide a substitute for fluid milk for stu-
dents whose disability restricts their diet, on receipt of
a written statement from a licensed physician that
identifies the disability that restricts the student’s diet
and that specifies the substitute for fluid milk.¿
(iii) as a reasonable accommodation under the Amer-
icans with Disabilities Act (42 U.S.C. 12101 et seq.)
and section 504 of the Rehabilitation Act of 1973 (29
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105
U.S.C. 794), shall provide a substitute for fluid milk
for a student whose disability restricts their diet.
ø(B) SUBSTITUTES.—
ø(i) STANDARDS FOR SUBSTITUTION.—A school may
substitute for the fluid milk provided under subpara-
graph (A), a nondairy beverage that is nutritionally
equivalent to fluid milk and meets nutritional stand-
ards established by the Secretary (which shall, among
other requirements to be determined by the Secretary,
include fortification of calcium, protein, vitamin A, and
vitamin D to levels found in cow’s milk) for students
who cannot consume fluid milk because of a medical
or other special dietary need other than a disability
described in subparagraph (A)(iii).
ø(ii) NOTICE.—The substitutions may be made if the
school notifies the State agency that the school is im-
plementing a variation allowed under this subpara-
graph, and if the substitution is requested by written
statement of a medical authority or by a student’s par-
ent or legal guardian that identifies the medical or
other special dietary need that restricts the student’s
diet, except that the school shall not be required to
provide beverages other than beverages the school has
identified as acceptable substitutes.
ø(iii) EXCESS EXPENSES BORNE BY SCHOOL FOOD AU-
THORITY.—Expenses incurred in providing substi-
tutions under this subparagraph that are in excess of
expenses covered by reimbursements under this Act
shall be paid by the school food authority.¿
(B) OTHER SUBSTITUTIONS.—
(i) STANDARDS FOR REQUIRED SUBSTITUTION.—
(I) A school shall substitute, for the fluid milk
provided under subparagraph (A), a nondairy bev-
erage that meets the nutritional needs of a student
for whom fluid milk is not nutritionally appro-
priate due to a medical or other special dietary
need other than a disability described in subpara-
graph (A)(iii), as determined by the school in con-
sultation with the parent or legal guardian of such
student.
(II) A school shall substitute, for the fluid milk
provided under subparagraph (A), a nondairy bev-
erage that is nutritionally equivalent to fluid milk
and meets nutritional standards established by the
Secretary if the substitution is requested by written
statement by a parent or legal guardian of such
student.
(ii) STANDARDS FOR DISCRETIONARY SUBSTITUTION.—
A school may offer all students a nondairy beverage as
a substitute for fluid milk that is nutritionally equiva-
lent to fluid milk and meets nutritional standards es-
tablished by the Secretary.
(iii) EXCESS EXPENSES.—Except as provided in
clause (iv), expenses incurred by providing substi-
tutions under clauses (i) and (ii) that are in excess of
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106
expenses covered by reimbursements under this Act
shall be paid by the school food authority.
(iv) PILOT PROGRAM.—
(I) PROGRAM AUTHORIZED.—Not later than 90
days after the date of the enactment of this sub-
paragraph, the Secretary shall establish and carry
out a pilot grant program to award grants to eligi-
ble school food authorities to carry out subclause
(III).
(II) PRIORITY.—In awarding grants under this
clause, the Secretary may give priority to—
(aa) an eligible school food authority that
serves high proportions of children who dem-
onstrate high rates of lactose intolerance; and
(bb) an eligible school food authority that—
(AA) submits, as part of the application
for a grant, a need for nondairy beverages
among its student population due to die-
tary reasons; and
(BB) demonstrates a need for providing
nondairy beverages to children by serving
a sufficient number (as determined by the
Secretary) of such children.
(III) USE OF FUNDS.—A school food authority
shall use grant funds awarded under this clause to
reimburse the full cost of providing nondairy bev-
erages as substitutes for fluid milk under clause
(i)(I) incurred by such school food authority.
(IV) REPORTS.—
(aa) ANNUAL REPORT BY SCHOOL FOOD AU-
THORITY.—Not later than 1 year after receiv-
ing a grant under this clause, and on an an-
nual basis for the duration of the pilot pro-
gram thereafter, a school food authority shall
submit to the Secretary a report on the pilot
grant program, including information with re-
spect to—
(AA) the number of schools served by
the school food authority pursuant to the
grant; and
(BB) the number of students served by
the school food authority pursuant to the
grant.
(bb) FINAL REPORT BY SCHOOL FOOD AU-
THORITY.—The report that is the final report
submitted under item (aa) shall include, in
addition to the information required under
subitems (AA) and (BB) of such item—
(AA) the number of nondairy beverages
as substitutes for fluid milk that the
school food authority served during the
grant period; compared with
(BB) the number of nondairy beverages
as substitutes for fluid milk that the
school food authority served during the
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107
school year immediately preceding the
start of the grant period.
(cc) REPORT BY THE SECRETARY.—Not later
than 6 months after the date described in sub-
clause (V), the Secretary shall submit to Con-
gress a report that includes a summary of the
information included in the reports received
under this subclause and any such informa-
tion with respect to the pilot program the Sec-
retary determines to be relevant.
(V) SUNSET.—The authority to carry out this
clause shall terminate on the date that is 3 years
after the date of the enactment of this subpara-
graph.
(VI) ELIGIBLE SCHOOL FOOD AUTHORITY DE-
FINED.—In this clause, the term ‘‘eligible school
food authority’’ means a school food authority for
which 50 percent or more of the students served by
such school food authority are eligible for free or
reduced price lunch under this Act or free or re-
duced price breakfast under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
(VII) AUTHORIZATION OF APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this clause $2,000,000 for fiscal year 2024, to re-
main available until the date described in sub-
clause (V).
(C) RESTRICTIONS ON SALE OF MILK PROHIBITED.—A
school that participates in the school lunch program under
this Act shall not directly or indirectly restrict the sale or
marketing of fluid milk products by the school (or by a per-
son approved by the school) at any time or any place—
(i) on the school premises; or
(ii) at any school-sponsored event.
(3) Students in senior high schools that participate in the school
lunch program under this Act (and, when approved by the local
school district or nonprofit private schools, students in any other
grade level) shall not be required to accept offered foods they do not
intend to consume, and any such failure to accept offered foods
shall not affect the full charge to the student for a lunch meeting
the requirements of this subsection or the amount of payments
made under this Act to any such school for such lunch.
(4) PROVISION OF INFORMATION.—
(A) GUIDANCE.—Prior to the beginning of the school year
beginning July 2004, the Secretary shall issue guidance to
States and school food authorities to increase the consump-
tion of foods and food ingredients that are recommended
for increased serving consumption in the most recent Die-
tary Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341).
(B) RULES.—Not later than 2 years after the date of en-
actment of this paragraph, the Secretary shall promulgate
rules, based on the most recent Dietary Guidelines for
Americans, that reflect specific recommendations, ex-
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108
pressed in serving recommendations, for increased con-
sumption of foods and food ingredients offered in school
nutrition programs under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.).
(C) PROCUREMENT AND PROCESSING OF FOOD SERVICE
PRODUCTS AND COMMODITIES.—The Secretary shall—
(i) identify, develop, and disseminate to State de-
partments of agriculture and education, school food
authorities, local educational agencies, and local proc-
essing entities, model product specifications and prac-
tices for foods offered in school nutrition programs
under this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) to ensure that the foods reflect the
most recent Dietary Guidelines for Americans pub-
lished under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7
U.S.C. 5341);
(ii) not later than 1 year after the date of enactment
of this subparagraph—
(I) carry out a study to analyze the quantity and
quality of nutritional information available to
school food authorities about food service products
and commodities; and
(II) submit to Congress a report on the results
of the study that contains such legislative rec-
ommendations as the Secretary considers nec-
essary to ensure that school food authorities have
access to the nutritional information needed for
menu planning and compliance assessments; and
(iii) to the maximum extent practicable, in pur-
chasing and processing commodities for use in school
nutrition programs under this Act and the Child Nu-
trition Act of 1966 (42 U.S.C. 1771 et seq.), purchase
the widest variety of healthful foods that reflect the
most recent Dietary Guidelines for Americans.
(5) WATER.—Schools participating in the school lunch pro-
gram under this Act shall make available to children free of
charge, as nutritionally appropriate, potable water for con-
sumption in the place where meals are served during meal
service.
(b)(1)(A) Not later than June 1 of each fiscal year, the Secretary
shall prescribe income guidelines for determining eligibility for free
and reduced price lunches during the 12-month period beginning
July 1 of such fiscal year and ending June 30 of the following fiscal
year. The income guidelines for determining eligibility for free
lunches shall be 130 percent of the applicable family size income
levels contained in the nonfarm income poverty guidelines pre-
scribed by the Office of Management and Budget, as adjusted an-
nually in accordance with subparagraph (B). The income guidelines
for determining eligibility for reduced price lunches for any school
year shall be 185 percent of the applicable family size income levels
contained in the nonfarm income poverty guidelines prescribed by
the Office of Management and Budget, as adjusted annually in ac-
cordance with subparagraph (B). The Office of Management and
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109
Budget guidelines shall be revised at annual intervals, or at any
shorter interval deemed feasible and desirable.
(B) The revision required by subparagraph (A) of this paragraph
shall be made by multiplying—
(i) the official poverty line (as defined by the Office of Man-
agement and Budget); by
(ii) the percentage change in the Consumer Price Index dur-
ing the annual or other interval immediately preceding the
time at which the adjustment is made.
Revisions under this subparagraph shall be made not more than 30
days after the date on which the consumer price index data re-
quired to compute the adjustment becomes available.
(2)(A) Following the determination by the Secretary under para-
graph (1) of this subsection of the income eligibility guidelines for
each school year, each State educational agency shall announce the
income eligibility guidelines, by family size, to be used by schools
in the State in making determinations of eligibility for free and re-
duced price lunches. Local school authorities shall, each year, pub-
licly announce the income eligibility guidelines for free and reduced
price lunches on or before the opening of school.
(B) APPLICATIONS AND DESCRIPTIVE MATERIAL.—
(i) IN GENERAL.—Applications for free and reduced price
lunches, in such form as the Secretary may prescribe or
approve, and any descriptive material, shall be distributed
to the parents or guardians of children in attendance at
the school, and shall contain only the family size income
levels for reduced price meal eligibility with the expla-
nation that households with incomes less than or equal to
these values would be eligible for free or reduced price
lunches.
(ii) INCOME ELIGIBILITY GUIDELINES.—Forms and de-
scriptive material distributed in accordance with clause (i)
may not contain the income eligibility guidelines for free
lunches.
(iii) CONTENTS OF DESCRIPTIVE MATERIAL.—
(I) IN GENERAL.—Descriptive material distributed in
accordance with clause (i) shall contain a notification
that—
(aa) participants in the programs listed in sub-
clause (II) may be eligible for free or reduced price
meals; and
(bb) documentation may be requested for
verification of eligibility for free or reduced price
meals.
(II) PROGRAMS.—The programs referred to in sub-
clause (I)(aa) are—
(aa) the special supplemental nutrition program
for women, infants, and children established by
section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786);
(bb) the supplemental nutrition assistance pro-
gram established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.);
(cc) the food distribution program on Indian res-
ervations established under section 4(b) of the
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110
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));
and
(dd) a State program funded under the program
of block grants to States for temporary assistance
for needy families established under part A of title
IV of the Social Security Act (42 U.S.C. 601 et
seq.).
(3) HOUSEHOLD APPLICATIONS.—
(A) DEFINITION OF HOUSEHOLD APPLICATION.—In this
paragraph, the term ‘‘household application’’ means an ap-
plication for a child of a household to receive free or re-
duced price school lunches under this Act, or free or re-
duced price school breakfasts under the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), for which an eligi-
bility determination is made other than under paragraph
(4) or (5).
(B) ELIGIBILITY DETERMINATION.—
(i) IN GENERAL.—An eligibility determination shall
be made on the basis of a complete household applica-
tion executed by an adult member of the household or
in accordance with guidance issued by the Secretary.
(ii) ELECTRONIC SIGNATURES AND APPLICATIONS.—A
household application may be executed using an elec-
tronic signature if—
(I) the application is submitted electronically;
and
(II) the electronic application filing system
meets confidentiality standards established by the
Secretary.
(iii) CONFIDENTIALITY STANDARDS.—The confiden-
tiality standards established by the Secretary shall en-
sure—
(I) the maintenance of reasonable and appro-
priate administrative, technical, and physical safe-
guards to ensure the integrity and confidentiality
of information submitted through electronic appli-
cations described in clause (ii);
(II) protection against security threats or unau-
thorized uses or disclosures of the information sub-
mitted through such electronic applications; and
(III) that data collected by such electronic appli-
cations shall be used only as permitted under
paragraph (6).
(iv) TRANSFERRING ELIGIBILITY STATUS.—
(I) TRANSFERS TO A NEW LOCAL EDUCATIONAL
AGENCY.—When a child transfers to a new local
educational agency, the new local educational
agency shall obtain and accept the eligibility deter-
mination from the State or the child’s former local
educational agency.
(II) TRANSFERS OUT OF A LOCAL EDUCATIONAL
AGENCY.—When a child transfers out of a local
educational agency, the local educational agency
shall provide the child’s eligibility determination
to the new local educational agency.
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111
(III) COST OF MEALS.—When the former local
educational agency is claiming meals under a spe-
cial provision described in section 11, and the
child does not have an individual eligibility deter-
mination, the new local educational agency shall
serve the child meals at no cost and claim the
child’s meals at the free rate for up to 30 operating
days, or until a new eligibility determination is
made, whichever comes first.
(C) CHILDREN IN HOUSEHOLD.—
(i) IN GENERAL.—The household application shall
identify the names of each child in the household for
whom meal benefits are requested.
(ii) SEPARATE APPLICATIONS.—A State educational
agency or local educational agency may not request a
separate application for each child in the household
that attends schools under the same local educational
agency.
(D) VERIFICATION OF SAMPLE.—
(i) DEFINITIONS.—In this subparagraph:
(I) ERROR PRONE APPLICATION.—The term ‘‘error
prone application’’ means an approved household
application that—
(aa) indicates monthly income that is within
$100, or an annual income that is within
$1,200, of the income eligibility limitation for
free or reduced price meals; or
(bb) in lieu of the criteria established under
item (aa), meets criteria established by the
Secretary.
(II) NON-RESPONSE RATE.—The term ‘‘non-re-
sponse rate’’ means (in accordance with guidelines
established by the Secretary) the percentage of ap-
proved household applications for which
verification information has not been obtained by
a local educational agency after attempted
verification under subparagraphs (F) and (G).
(ii) VERIFICATION OF SAMPLE.—Each school year, a
local educational agency shall verify eligibility of the
children in a sample of household applications ap-
proved for the school year by the local educational
agency, as determined by the Secretary in accordance
with this subsection.
(iii) SAMPLE SIZE.—Except as otherwise provided in
this paragraph, the sample for a local educational
agency for a school year shall equal the lesser of—
(I) 3 percent of all applications approved by the
local educational agency for the school year, as of
October 1 of the school year, selected from error
prone applications; or
(II) 3,000 error prone applications approved by
the local educational agency for the school year, as
of October 1 of the school year.
(iv) ALTERNATIVE SAMPLE SIZE.—
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112
(I) IN GENERAL.—If the conditions described in
subclause (IV) are met, the verification sample
size for a local educational agency shall be the
sample size described in subclause (II) or (III), as
determined by the local educational agency.
(II) 3,000/3 PERCENT OPTION.—The sample size
described in this subclause shall be the lesser of
3,000, or 3 percent of, applications selected at ran-
dom from applications approved by the local edu-
cational agency for the school year, as of October
1 of the school year.
(III) 1,000/1 PERCENT PLUS OPTION.—
(aa) IN GENERAL.—The sample size de-
scribed in this subclause shall be the sum of—
(AA) the lesser of 1,000, or 1 percent of,
all applications approved by the local edu-
cational agency for the school year, as of
October 1 of the school year, selected
from error prone applications; and
(BB) the lesser of 500, or 1⁄2 of 1 per-
cent of, applications approved by the local
educational agency for the school year, as
of October 1 of the school year, that pro-
vide a case number (in lieu of income in-
formation) showing participation in a pro-
gram described in item (bb) selected from
those approved applications that provide
a case number (in lieu of income informa-
tion) verifying the participation.
(bb) PROGRAMS.—The programs described in
this item are—
(AA) the supplemental nutrition assist-
ance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.);
(BB) the food distribution program on
Indian reservations established under
section 4(b) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b)); and
(CC) a State program funded under the
program of block grants to States for tem-
porary assistance for needy families es-
tablished under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.)
that the Secretary determines complies
with standards established by the Sec-
retary that ensure that the standards
under the State program are comparable
to or more restrictive than those in effect
on June 1, 1995.
(IV) CONDITIONS.—The conditions referred to in
subclause (I) shall be met for a local educational
agency for a school year if—
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113
(aa) the nonresponse rate for the local edu-
cational agency for the preceding school year
is less than 20 percent; or
(bb) the local educational agency has more
than 20,000 children approved by application
by the local educational agency as eligible for
free or reduced price meals for the school
year, as of October 1 of the school year, and—
(AA) the nonresponse rate for the pre-
ceding school year is at least 10 percent
below the nonresponse rate for the second
preceding school year; or
(BB) in the case of the school year be-
ginning July 2005, the local educational
agency attempts to verify all approved
household applications selected for
verification through use of public agency
records from at least 2 of the programs or
sources of information described in sub-
paragraph (F)(i).
(v) ADDITIONAL SELECTED APPLICATIONS.—A sample
for a local educational agency for a school year under
clauses (iii) and (iv)(III)(AA) shall include the number
of additional randomly selected approved household
applications that are required to comply with the sam-
ple size requirements in those clauses.
(E) PRELIMINARY REVIEW.—
(i) REVIEW FOR ACCURACY.—
(I) IN GENERAL.—Prior to conducting any other
verification activity for approved household appli-
cations selected for verification, the local edu-
cational agency shall ensure that the initial eligi-
bility determination for each approved household
application is reviewed for accuracy by an indi-
vidual other than the individual making the ini-
tial eligibility determination, unless otherwise de-
termined by the Secretary.
(II) WAIVER.—The requirements of subclause (I)
shall be waived for a local educational agency if
the local educational agency is using a technology-
based solution that demonstrates a high level of
accuracy, to the satisfaction of the Secretary, in
processing an initial eligibility determination in
accordance with the income eligibility guidelines
of the school lunch program.
(ii) CORRECT ELIGIBILITY DETERMINATION.—If the re-
view indicates that the initial eligibility determination
is correct, the local educational agency shall verify the
approved household application.
(iii) INCORRECT ELIGIBILITY DETERMINATION.—If the
review indicates that the initial eligibility determina-
tion is incorrect, the local educational agency shall (as
determined by the Secretary)—
(I) correct the eligibility status of the household;
(II) notify the household of the change;
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114
(III) in any case in which the review indicates
that the household is not eligible for free or re-
duced-price meals, notify the household of the rea-
son for the ineligibility and that the household
may reapply with income documentation for free
or reduced-price meals; and
(IV) in any case in which the review indicates
that the household is eligible for free or reduced-
price meals, verify the approved household appli-
cation.
(F) DIRECT VERIFICATION.—
(i) IN GENERAL.—Subject to clauses (ii) and (iii), to
verify eligibility for free or reduced price meals for ap-
proved household applications selected for verification,
the local educational agency may (in accordance with
criteria established by the Secretary) first obtain and
use income and program participation information
from a public agency administering—
(I) the supplemental nutrition assistance pro-
gram established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.);
(II) the food distribution program on Indian res-
ervations established under section 4(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));
(III) the temporary assistance for needy families
program funded under part A of title IV of the So-
cial Security Act (42 U.S.C. 601 et seq.);
(IV) the State medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.);
or
(V) a similar income-tested program or other
source of information, as determined by the Sec-
retary.
(ii) FREE MEALS.—Public agency records that may be
obtained and used under clause (i) to verify eligibility
for free meals for approved household applications se-
lected for verification shall include the most recent
available information (other than information reflect-
ing program participation or income before the 180-
day period ending on the date of application for free
meals) that is relied on to administer—
(I) a program or source of information described
in clause (i) (other than clause (i)(IV)); or
(II) the State plan for medical assistance under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) in—
(aa) a State in which the income eligibility
limit applied under section 1902(l)(2)(C) of
that Act (42 U.S.C. 1396a(l)(2)(C)) is not more
than 133 percent of the official poverty line
described in section 1902(l)(2)(A) of that Act
(42 U.S.C. 1396a(l)(2)(A)); or
(bb) a State that otherwise identifies house-
holds that have income that is not more than
133 percent of the official poverty line de-
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115
scribed in section 1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)).
(iii) REDUCED PRICE MEALS.—Public agency records
that may be obtained and used under clause (i) to
verify eligibility for reduced price meals for approved
household applications selected for verification shall
include the most recent available information (other
than information reflecting program participation or
income before the 180-day period ending on the date
of application for reduced price meals) that is relied on
to administer—
(I) a program or source of information described
in clause (i) (other than clause (i)(IV)); or
(II) the State plan for medical assistance under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) in—
(aa) a State in which the income eligibility
limit applied under section 1902(l)(2)(C) of
that Act (42 U.S.C. 1396a(l)(2)(C)) is not more
than 185 percent of the official poverty line
described in section 1902(l)(2)(A) of that Act
(42 U.S.C. 1396a(l)(2)(A)); or
(bb) a State that otherwise identifies house-
holds that have income that is not more than
185 percent of the official poverty line de-
scribed in section 1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)).
(iv) EVALUATION.—Not later than 3 years after the
date of enactment of this subparagraph, the Secretary
shall complete an evaluation of—
(I) the effectiveness of direct verification carried
out under this subparagraph in decreasing the
portion of the verification sample that must be
verified under subparagraph (G) while ensuring
that adequate verification information is obtained;
and
(II) the feasibility of direct verification by State
agencies and local educational agencies.
(v) EXPANDED USE OF DIRECT VERIFICATION.—If the
Secretary determines that direct verification signifi-
cantly decreases the portion of the verification sample
that must be verified under subparagraph (G), while
ensuring that adequate verification information is ob-
tained, and can be conducted by most State agencies
and local educational agencies, the Secretary may re-
quire a State agency or local educational agency to im-
plement direct verification through 1 or more of the
programs described in clause (i), as determined by the
Secretary, unless the State agency or local educational
agency demonstrates (under criteria established by the
Secretary) that the State agency or local educational
agency lacks the capacity to conduct, or is unable to
implement, direct verification.
(G) HOUSEHOLD VERIFICATION.—
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116
(i) IN GENERAL.—If an approved household applica-
tion is not verified through the use of public agency
records, a local educational agency shall provide to the
household written notice that—
(I) the approved household application has been
selected for verification; and
(II) the household is required to submit
verification information to confirm eligibility for
free or reduced price meals.
(ii) PHONE NUMBER.—The written notice in clause (i)
shall include a toll-free phone number that parents
and legal guardians in households selected for
verification can call for assistance with the verification
process.
(iii) FOLLOWUP ACTIVITIES.—If a household does not
respond to a verification request, a local educational
agency shall make at least 1 attempt to obtain the
necessary verification from the household in accord-
ance with guidelines and regulations promulgated by
the Secretary.
(iv) CONTRACT AUTHORITY FOR SCHOOL FOOD AU-
THORITIES.—A local educational agency may contract
(under standards established by the Secretary) with a
third party to assist the local educational agency in
carrying out clause (iii).
(H) VERIFICATION DEADLINE.—
(i) GENERAL DEADLINE.—
(I) IN GENERAL.—Subject to subclause (II), not
later than November 15 of each school year, a
local educational agency shall complete the
verification activities required for the school year
(including followup activities).
(II) EXTENSION.—Under criteria established by
the Secretary, a State may extend the deadline es-
tablished under subclause (I) for a school year for
a local educational agency to December 15 of the
school year.
(ii) ELIGIBILITY CHANGES.—Based on the verification
activities, the local educational agency shall make ap-
propriate modifications to the eligibility determina-
tions made for household applications in accordance
with criteria established by the Secretary.
(I) LOCAL CONDITIONS.—In the case of a natural disaster,
civil disorder, strike, or other local condition (as deter-
mined by the Secretary), the Secretary may substitute al-
ternatives for—
(i) the sample size and sample selection criteria es-
tablished under subparagraph (D); and
(ii) the verification deadline established under sub-
paragraph (H).
(J) INDIVIDUAL REVIEW.—In accordance with criteria es-
tablished by the Secretary, the local educational agency
may, on individual review—
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117
(i) decline to verify no more than 5 percent of ap-
proved household applications selected under subpara-
graph (D) or paragraph (16)(B)(iii); and
(ii) replace the approved household applications with
other approved household applications to be verified.
(K) FEASIBILITY STUDY.—
(i) IN GENERAL.—The Secretary shall conduct a
study of the feasibility of using computer technology
(including data mining) to reduce—
(I) overcertification errors in the school lunch
program under this Act;
(II) waste, fraud, and abuse in connection with
this paragraph; and
(III) errors, waste, fraud, and abuse in other nu-
trition programs, as determined to be appropriate
by the Secretary.
(ii) REPORT.—Not later than 180 days after the date
of enactment of this paragraph, the Secretary shall
submit to the øCommittee on Education and the
Workforce¿ Committee on Education and Labor of the
House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report
describing—
(I) the results of the feasibility study conducted
under this subsection;
(II) how a computer system using technology de-
scribed in clause (i) could be implemented;
(III) a plan for implementation; and
(IV) proposed legislation, if necessary, to imple-
ment the system.
(4) DIRECT CERTIFICATION FOR CHILDREN IN SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM HOUSEHOLDS.—
(A) IN GENERAL.—Subject to subparagraph (D), each
State agency shall enter into an agreement with the State
agency conducting eligibility determinations for the sup-
plemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(B) PROCEDURES.—Subject to paragraph (6), the agree-
ment shall establish procedures under which a child who
is a member of a household receiving assistance under the
supplemental nutrition assistance program shall be cer-
tified as eligible for free lunches under this Act and free
breakfasts under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), without further application.
(C) CERTIFICATION.—Subject to paragraph (6), under the
agreement, the local educational agency conducting eligi-
bility determinations for a school lunch program under
this Act and a school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall certify
a child who is a member of a household receiving assist-
ance under the supplemental nutrition assistance program
as eligible for free lunches under this Act and free break-
fasts under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), without further application.
(D) APPLICABILITY.—This paragraph applies to—
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118
(i) in the case of the school year beginning July
2006, a school district that had an enrollment of
25,000 students or more in the preceding school year;
(ii) in the case of the school year beginning July
2007, a school district that had an enrollment of
10,000 students or more in the preceding school year;
and
(iii) in the case of the school year beginning July
2008 and each subsequent school year, each local edu-
cational agency.
ø(E) PERFORMANCE AWARDS.—
ø(i) IN GENERAL.—Effective for each of the school
years beginning July 1, 2011, July 1, 2012, and July
1, 2013, the Secretary shall offer performance awards
to States to encourage the States to ensure that all
children eligible for direct certification under this
paragraph are certified in accordance with this para-
graph.
ø(ii) REQUIREMENTS.—For each school year de-
scribed in clause (i), the Secretary shall—
ø(I) consider State data from the prior school
year, including estimates contained in the report
required under section 4301 of the Food, Con-
servation, and Energy Act of 2008 (42 U.S.C.
1758a); and
ø(II) make performance awards to not more
than 15 States that demonstrate, as determined
by the Secretary—
ø(aa) outstanding performance; and
ø(bb) substantial improvement.
ø(iii) USE OF FUNDS.—A State agency that receives
a performance award under clause (i)—
ø(I) shall treat the funds as program income;
and
ø(II) may transfer the funds to school food au-
thorities for use in carrying out the program.
ø(iv) FUNDING.—
ø(I) IN GENERAL.—On October 1, 2011, and each
subsequent October 1 through October 1, 2013,
out of any funds in the Treasury not otherwise ap-
propriated, the Secretary of the Treasury shall
transfer to the Secretary—
ø(aa) $2,000,000 to carry out clause
(ii)(II)(aa); and
ø(bb) $2,000,000 to carry out clause
(ii)(II)(bb).
ø(II) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out this clause the funds transferred
under subclause (I), without further appropria-
tion.
ø(v) PAYMENTS NOT SUBJECT TO JUDICIAL REVIEW.—
A determination by the Secretary whether, and in
what amount, to make a performance award under
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119
this subparagraph shall not be subject to administra-
tive or judicial review.¿
(E) PERFORMANCE IMPROVEMENT GRANTS.—
(i) IN GENERAL.—For each school year beginning
after July 1, 2023, the Secretary shall offer perform-
ance improvement grants and technical assistance to
State agencies or Tribal organizations (as defined in
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)) to increase the
percentage of children eligible for direct certification
under this paragraph or paragraph (5) who are cer-
tified in accordance with this paragraph or paragraph
(5).
(ii) REQUIREMENTS.—For each school year described
in clause (i), the Secretary shall—
(I) consider State data from the prior school
year, including estimates contained in the report
required under section 4301 of the Food, Conserva-
tion, and Energy Act of 2008 (42 U.S.C. 1758a);
(II) make performance improvement grants to
States and Tribal organizations to increase the
percentage of children eligible for direct certifi-
cation under this paragraph or paragraph (5) who
are certified in accordance with this paragraph or
paragraph (5); and
(III) provide technical assistance to the recipients
of grants under this subparagraph, and other eli-
gible entities, as appropriate, in improving the
rates of direct certification.
(iii) USE OF FUNDS.—An eligible entity that receives
a grant under clause (i) shall use the grant funds to
pay costs relating to improving the rate of direct certifi-
cation in the State or Indian Tribe, as applicable, in-
cluding the cost of—
(I) improving technology relating to direct certifi-
cation;
(II) providing technical assistance to local edu-
cational agencies;
(III) implementing or improving a direct certifi-
cation system or process in the State (including at
local educational agencies in the State) or Indian
Tribe, including the cost of equipment;
(IV) establishing or improving the rate of direct
certification of children that are members of house-
holds receiving assistance under the food distribu-
tion program on Indian reservations under section
4(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b)); and
(V) coordinating with multiple public benefits
programs to increase the rate of direct certification,
including by conducting feasibility studies and
demonstration projects under section 18(c) of this
Act.
(iv) FUNDING.—On October 1, 2022, and each subse-
quent October 1, out of any funds in the Treasury not
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120
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary—
(I) $15,000,000 to carry out clause (ii)(II); and
(II) $500,000 to carry out clause (ii)(III).
(F) CONTINUOUS IMPROVEMENT PLANS.—
(i) DEFINITION OF REQUIRED PERCENTAGE.—In this
subparagraph, the term ‘‘required percentage’’
means—
(I) for the school year beginning July 1, 2011, 80
percent;
(II) for the school year beginning July 1, 2012,
90 percent; and
(III) for the school year beginning July 1, 2013,
and each school year thereafter, 95 percent.
(ii) REQUIREMENTS.—Each school year, the Secretary
shall—
(I) identify, using data from the prior year, in-
cluding estimates contained in the report required
under section 4301 of the Food, Conservation, and
Energy Act of 2008 (42 U.S.C. 1758a), States that
directly certify less than the required percentage
of the total number of children in the State who
are eligible for direct certification under this para-
graph;
(II) require the States identified under sub-
clause (I) to implement a continuous improvement
plan to fully meet the requirements of this para-
graph, which shall include a plan to improve di-
rect certification for the following school year; and
(III) assist the States identified under subclause
(I) to develop and implement a continuous im-
provement plan in accordance with subclause (II).
(iii) FAILURE TO MEET PERFORMANCE STANDARD.—
(I) IN GENERAL.—A State that is required to de-
velop and implement a continuous improvement
plan under clause (ii)(II) shall be required to sub-
mit the continuous improvement plan to the Sec-
retary, for the approval of the Secretary.
(II) REQUIREMENTS.—At a minimum, a contin-
uous improvement plan under subclause (I) shall
include—
(aa) specific measures that the State will
use to identify more children who are eligible
for direct certification, including improve-
ments or modifications to technology, informa-
tion systems, or databases;
(bb) a timeline for the State to implement
those measures; and
(cc) goals for the State to improve direct
certification results.
(G) WITHOUT FURTHER APPLICATION.—
(i) IN GENERAL.—In this paragraph, the term ‘‘with-
out further application’’ means that no action is re-
quired by the household of the child.
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121
(ii) CLARIFICATION.—A requirement that a household
return a letter notifying the household of eligibility for
direct certification or eligibility for free school meals
does not meet the requirements of clause (i).
ø(5) DISCRETIONARY CERTIFICATION.—Subject to paragraph
(6), any local educational agency may certify any child as eligi-
ble for free lunches or breakfasts, without further application,
by directly communicating with the appropriate State or local
agency to obtain documentation of the status of the child as—
ø(A) a member of a family that is receiving assistance
under the temporary assistance for needy families program
funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) that the Secretary determines com-
plies with standards established by the Secretary that en-
sure that the standards under the State program are com-
parable to or more restrictive than those in effect on June
1, 1995;
ø(B) a homeless child or youth (defined as 1 of the indi-
viduals described in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2));
ø(C) served by the runaway and homeless youth grant
program established under the Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.);
ø(D) a migratory child (as defined in section 1309 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6399)); or
ø(E)(i) a foster child whose care and placement is the re-
sponsibility of an agency that administers a State plan
under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
ø(ii) a foster child who a court has placed with a care-
taker household.¿
(5) DISCRETIONARY CERTIFICATION.—
(A) FREE LUNCHES OR BREAKFASTS.—Subject to para-
graph (6), any local educational agency may certify any
child as eligible for free lunches or breakfasts, without fur-
ther application, by directly communicating with the appro-
priate State or local agency to obtain documentation of the
status of the child as—
(i) a member of a family that is receiving assistance
under the temporary assistance for needy families pro-
gram funded under part A of title IV of the Social Se-
curity Act (42 U.S.C. 601 et seq.);
(ii) a homeless child or youth (defined as 1 of the in-
dividuals described in section 725(2) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a(2));
(iii) served by the runaway and homeless youth grant
program established under the Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.);
(iv) a migratory child (as defined in section 1309 of
the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6399));
(v) an eligible child (as defined in paragraph
(15)(A)); or
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122
(vi)(I) a foster child whose care and placement is the
responsibility of an agency that administers a State
plan under part B or E of title IV of the Social Security
Act (42 U.S.C. 621 et seq.); or
(II) a foster child who a court has placed with a
caretaker household.
(B) REDUCED PRICE LUNCHES OR BREAKFASTS.—Subject
to paragraph (6), any local educational agency may certify
any child who is not eligible for free lunches or breakfasts
as eligible for reduced price lunches or breakfasts, without
further application, by directly communicating with the ap-
propriate State or local agency to obtain documentation of
the status of the child as a child eligible for reduced price
meals (as defined in paragraph (15)(A)).
(6) USE OR DISCLOSURE OF INFORMATION.—
(A) IN GENERAL.—The use or disclosure of any informa-
tion obtained from an application for free or reduced price
meals, or from a State or local agency referred to in para-
graph (3)(F), (4), øor (5)¿ (5), or (15), shall be limited to—
(i) a person directly connected with the administra-
tion or enforcement of this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.) (including a regu-
lation promulgated under either Act);
(ii) a person directly connected with the administra-
tion or enforcement of—
(I) a Federal education program;
(II) a State health or education program admin-
istered by the State or local educational agency
(other than a program carried out under title XIX
or XXI of the Social Security Act (42 U.S.C. 1396
et seq.; 42 U.S.C. 1397aa et seq.)); or
(III) a Federal, State, or local means-tested nu-
trition program with eligibility standards com-
parable to the school lunch program under this
Act;
(iii)(I) the Comptroller General of the United States
for audit and examination authorized by any other
provision of law; and
(II) notwithstanding any other provision of law, a
Federal, State, or local law enforcement official for the
purpose of investigating an alleged violation of any
program covered by this paragraph or paragraph
(3)(F), (4), øor (5)¿ (5), or (15);
(iv) a person directly connected with the administra-
tion of the State medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) or the
State children’s health insurance program under title
XXI of that Act (42 U.S.C. 1397aa et seq.) solely for
the purposes of—
(I) identifying children eligible for benefits
under, and enrolling children in, those programs,
except that this subclause shall apply only to the
extent that the State and the local educational
agency or school food authority so elect; and
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123
(II) verifying the eligibility of children for pro-
grams under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.); and
(v) a third party contractor described in paragraph
(3)(G)(iv).
(B) LIMITATION ON INFORMATION PROVIDED.—Information
provided under clause (ii) or (v) of subparagraph (A) shall
be limited to the income eligibility status of the child for
whom application for free or reduced price meal benefits is
made or for whom eligibility information is provided under
paragraph (3)(F), (4), or (5), unless the consent of the par-
ent or guardian of the child for whom application for bene-
fits was made is obtained.
(C) CRIMINAL PENALTY.—A person described in subpara-
graph (A) who publishes, divulges, discloses, or makes
known in any manner, or to any extent not authorized by
Federal law (including a regulation), any information ob-
tained under this subsection shall be fined not more than
$1,000 or imprisoned not more than 1 year, or both.
(D) REQUIREMENTS FOR WAIVER OF CONFIDENTIALITY.—A
State that elects to exercise the option described in sub-
paragraph (A)(iv)(I) shall ensure that any local educational
agency or school food authority acting in accordance with
that option—
(i) has a written agreement with 1 or more State or
local agencies administering health programs for chil-
dren under titles XIX and XXI of the Social Security
Act (42 U.S.C. 1396 et seq. and 1397aa et seq.) that
requires the health agencies to use the information ob-
tained under subparagraph (A) to seek to enroll chil-
dren in those health programs; and
(ii)(I) notifies each household, the information of
which shall be disclosed under subparagraph (A), that
the information disclosed will be used only to enroll
children in health programs referred to in subpara-
graph (A)(iv); and
(II) provides each parent or guardian of a child in
the household with an opportunity to elect not to have
the information disclosed.
(E) USE OF DISCLOSED INFORMATION.—A person to which
information is disclosed under subparagraph (A)(iv)(I)
shall use or disclose the information only as necessary for
the purpose of enrolling children in health programs re-
ferred to in subparagraph (A)(iv).
(7) FREE AND REDUCED PRICE POLICY STATEMENT.—
(A) IN GENERAL.—After the initial submission, a local
educational agency shall not be required to submit a free
and reduced price policy statement to a State educational
agency under this Act unless there is a substantive change
in the free and reduced price policy of the local educational
agency.
(B) ROUTINE CHANGE.—A routine change in the policy of
a local educational agency (such as an annual adjustment
of the income eligibility guidelines for free and reduced
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124
price meals) shall not be sufficient cause for requiring the
local educational agency to submit a policy statement.
(8) COMMUNICATIONS.—
(A) IN GENERAL.—Any communication with a household
under this subsection or subsection (d) shall be in an un-
derstandable and uniform format and, to the maximum ex-
tent practicable, in a language that parents and legal
guardians can understand.
(B) ELECTRONIC AVAILABILITY.—In addition to the dis-
tribution of applications and descriptive material in paper
form as provided for in this paragraph, the applications
and material may be made available electronically via the
Internet.
(9) ELIGIBILITY FOR FREE AND REDUCED PRICE LUNCHES.—
(A) FREE LUNCHES.—Any child who is a member of a
household whose income, at the time the application is
submitted, is at an annual rate which does not exceed the
applicable family size income level of the income eligibility
guidelines for free lunches, as determined under para-
graph (1), shall be served a free lunch.
(B) REDUCED PRICE LUNCHES.—
(i) IN GENERAL.—Any child who is a member of a
household whose income, at the time the application is
submitted, is at an annual rate greater than the appli-
cable family size income level of the income eligibility
guidelines for free lunches, as determined under para-
graph (1), but less than or equal to the applicable fam-
ily size income level of the income eligibility guidelines
for reduced price lunches, as determined under para-
graph (1), shall be served a reduced price lunch.
(ii) MAXIMUM PRICE.—The price charged for a re-
duced price lunch shall not exceed 40 cents.
(C) DURATION.—øExcept¿
(i) IN GENERAL.—Except as otherwise specified in
paragraph (3)(E), (3)(H)(ii), and section 11(a), eligi-
bility for free or reduced price meals for any school
year shall remain in effect—
ø(i)¿ (I) beginning on the date of eligibility ap-
proval for the current school year; and
ø(ii)¿ (II) ending on a date during the subse-
quent school year determined by the Secretary.
(ii) RETROACTIVITY.—A local educational agency
shall revise a previously submitted meal claim to re-
flect the eligibility approval of a child for free or re-
duced price meals for the period that begins on the first
day of the current school year.
(iii) MEAL CLAIM DEFINED.—In this subsection, the
term ‘‘meal claim’’ means any documentation provided
by a school food authority to a State agency in order
to receive reimbursement for the cost of a meal served
to a child by such school food authority.
ø(10) No physical segregation of or other discrimination against
any child eligible for a free lunch or a reduced price lunch under
this subsection shall be made by the school nor shall there be any
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125
overt identification of any child by special tokens or tickets, an-
nounced or published list of names, or by other means.¿
(10) REDUCING STIGMA ASSOCIATED WITH UNPAID SCHOOL
MEAL FEES.—
(A) OVERT IDENTIFICATION PROHIBITED.—A local edu-
cational agency or school food authority may not, based on
the status of a child as a covered child—
(i) physically segregate or otherwise discriminate
against such covered child;
(ii) overtly identify such covered child—
(I) through the use of special tokens or tickets; or
(II) by an announcement or a published list of
names; or
(iii) identify or stigmatize such covered child by any
other means.
(B) ELIGIBILITY DETERMINATION BY LOCAL EDUCATIONAL
AGENCY.—For any covered child who is a member of a
household that owes a week or more of unpaid school meal
fees, a local educational agency shall—
(i) attempt to directly certify such covered child for
free meals under paragraph (4) or (5); or
(ii) in a case where the local educational agency is
not able to directly certify such covered child under
paragraph (4) or (5), provide to the household of such
covered child—
(I) a household application and applicable de-
scriptive material; and
(II) written and oral communications to encour-
age submission of the application.
(C) COLLECTION OF UNPAID SCHOOL MEAL FEES.—In at-
tempting to collect unpaid school meal fees from a house-
hold, a local educational agency or school food authority
may not—
(i) except as described in subparagraph (D), direct
any communication regarding unpaid school meal fees
to a covered child who is a member of such household;
(ii) withhold educational opportunities (including
grades and participation in extracurricular activities
or local educational agency programs or services) from,
or otherwise stigmatize, a covered child due to the sta-
tus of the covered child as a covered child; or
(iii) use a debt collector (as such term is defined in
section 803 of the Consumer Credit Protection Act (15
U.S.C. 1692a)).
(D) LETTERS.—A school food authority may require that
a covered child deliver a sealed letter addressed to a parent
or guardian of the covered child that contains a commu-
nication relating to unpaid school meal fees, subject to the
condition that the letter shall not be distributed to the cov-
ered child in a manner that stigmatizes the covered child.
(E) ELIMINATING STIGMA IN MEAL SERVICE.—In providing
a meal to a covered child, a local educational agency or
school food authority may not, based on the status of the
covered child as a covered child, dispose of or take away
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126
from the covered child any food that has already been
served to such covered child.
(F) DEFINITIONS.—In this paragraph:
(i) COVERED CHILD.—The term ‘‘covered child’’ means
a child who—
(I) is—
(aa) enrolled in a school that participates in
the school lunch program under this Act or the
school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
(bb) is a member of a household that owes
unpaid school meal fees; or
(II) is eligible for a free or reduced price lunch
under this section.
(ii) UNPAID SCHOOL MEAL FEES.—The term ‘‘unpaid
school meal fees’’ means outstanding fees owed by a
household to a school food authority or local edu-
cational agency (or both) for lunches under this Act or
breakfasts under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773).
(11) Any child who has a parent or guardian who (A) is respon-
sible for the principal support of such child and (B) is unemployed
shall be served a free or reduced price lunch, respectively, during
any period (i) in which such child’s parent or guardian continues
to be unemployed and (ii) the income of the child’s parents or
guardians during such period of unemployment falls within the in-
come eligibility criteria for free lunches or reduced price lunches,
respectively, based on the current rate of income of such parents
or guardians. Local educational agencies shall publicly announce
that such children are eligible for free or reduced price lunch, and
shall make determinations with respect to the status of any parent
or guardian of any child under clauses (A) and (B) of the preceding
sentence on the basis of a statement executed in such form as the
Secretary may prescribe by such parent or guardian. No physical
segregation of, or other discrimination against, any child eligible
for a free or reduced price lunch under this paragraph shall be
made by the school nor shall there be any overt identification of
any such child by special tokens or tickets, announced or published
lists of names, or by any other means.
(12)(A) A child shall be considered automatically eligible for a
free lunch and breakfast under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), respectively, without further
application or eligibility determination, if the child is—
(i) a member of a household receiving assistance under the
supplemental nutrition assistance program authorized under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(ii) a member of a family (under the State program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.)) that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995;
(iii) enrolled as a participant in a Head Start program au-
thorized under the Head Start Act (42 U.S.C. 9831 et seq.), on
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127
the basis of a determination that the child meets the eligibility
criteria prescribed under section 645(a)(1)(B) of the Head Start
Act (42 U.S.C. 9840(a)(1)(B));
(iv) a homeless child or youth (defined as 1 of the indi-
viduals described in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2)));
(v) served by the runaway and homeless youth grant
program established under the Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.);
(vi) a migratory child (as defined in section 1309 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6399)); or
(vii)(I) a foster child whose care and placement is the re-
sponsibility of an agency that administers a State plan
under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
(II) a foster child who a court has placed with a
caretaker household.
(B) Proof of receipt of supplemental nutrition assistance program
benefits or assistance under the State program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) that
the Secretary determines complies with standards established by
the Secretary that ensure that the standards under the State pro-
gram are comparable to or more restrictive than those in effect on
June 1, 1995, or of enrollment or participation in a Head Start pro-
gram on the basis described in subparagraph (A)(iii), shall be suffi-
cient to satisfy any verification requirement imposed under this
subsection.
(13) EXCLUSION OF CERTAIN MILITARY HOUSING ALLOW-
ANCES.—The amount of a basic allowance provided under sec-
tion 403 of title 37, United States Code, on behalf of a member
of a uniformed service for housing that is acquired or con-
structed under subchapter IV of chapter 169 of title 10, United
States Code, or any related provision of law, shall not be con-
sidered to be income for the purpose of determining the eligi-
bility of a child who is a member of the household of the mem-
ber of a uniformed service for free or reduced price lunches
under this Act.
(14) COMBAT PAY.—
(A) DEFINITION OF COMBAT PAY.—In this paragraph, the
term ‘‘combat pay’’ means any additional payment under
chapter 5 of title 37, United States Code, or otherwise des-
ignated by the Secretary to be appropriate for exclusion
under this paragraph, that is received by or from a mem-
ber of the United States Armed Forces deployed to a des-
ignated combat zone, if the additional pay—
(i) is the result of deployment to or service in a com-
bat zone; and
(ii) was not received immediately prior to serving in
a combat zone.
(B) EXCLUSION.—Combat pay shall not be considered to
be income for the purpose of determining the eligibility for
free or reduced price meals of a child who is a member of
the household of a member of the United States Armed
Forces.
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128
(15) DIRECT CERTIFICATION FOR CHILDREN RECEIVING MED-
ICAID BENEFITS.—
(A) DEFINITIONS.—In this paragraph:
ø(i) ELIGIBLE CHILD.—The term ‘‘eligible child’’
means a child—
ø(I)(aa) who is eligible for and receiving medical
assistance under the Medicaid program; and
ø(bb) who is a member of a family with an in-
come as measured by the Medicaid program before
the application of any expense, block, or other in-
come disregard, that does not exceed 133 percent
of the poverty line (as defined in section 673(2) of
the Community Services Block Grant Act (42
U.S.C. 9902(2), including any revision required by
such section)) applicable to a family of the size
used for purposes of determining eligibility for the
Medicaid program; or
ø(II) who is a member of a household (as that
term is defined in section 245.2 of title 7, Code of
Federal Regulations (or successor regulations)
with a child described in subclause (I).¿
(i) ELIGIBLE CHILD.—The term ‘‘eligible child’’ means
a child—
(I)(aa) who is eligible for and receiving medical
assistance under the Medicaid program; and
(bb) who is a member of a family with an in-
come as measured by the Medicaid program that
does not exceed 133 percent of the poverty line (as
determined under the poverty guidelines updated
periodically in the Federal Register by the Depart-
ment of Health and Human Services under the au-
thority of section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2), including any
revision required by such section)) applicable to a
family of the size used for purposes of determining
eligibility for the Medicaid program;
(II) who is eligible for the Medicaid program be-
cause such child receives supplemental security in-
come benefits under title XVI of the Social Security
Act (42 U.S.C. 1381–1385) or State supplementary
benefits of the type referred to in section 1616(a) of
such Act (or payments of the type described in sec-
tion 212(a) of Public Law 93–66);
(III) who is eligible for the Medicaid program be-
cause such child receives an adoption assistance
payment made under section 473(a) of the Social
Security Act (42 U.S.C. 673(a)) or under a similar
State-funded or State-operated program, as deter-
mined by the Secretary;
(IV) who is eligible for the Medicaid program be-
cause such child receives a kinship guardianship
assistance payment made under section 473(d) of
the Social Security Act (42 U.S.C. 673(d)) or under
a similar State-funded or State-operated program,
as determined by the Secretary, without regard to
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129
whether such child was previously in foster care;
or
(V) who is a member of a household (as that
term is defined in section 245.2 of title 7, Code of
Federal Regulations (or successor regulations))
with a child described in subclause (I), (II), (III),
or (IV).
(ii) MEDICAID PROGRAM.—The term ‘‘Medicaid pro-
gram’’ means the program of medical assistance estab-
lished under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(iii) CHILD ELIGIBLE FOR REDUCED PRICE MEALS.—
The term ‘‘child eligible for reduced price meals’’ means
a child—
(I)(aa) who is eligible for and receiving medical
assistance under the Medicaid program; and
(bb) who is a member of a family with an in-
come as measured by the Medicaid program that
is greater than 133 percent but does not exceed 185
percent of the poverty line (as determined under
the poverty guidelines updated periodically in the
Federal Register by the Department of Health and
Human Services under the authority of section
673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2), including any revision re-
quired by such section)) applicable to a family of
the size used for purposes of determining eligibility
for the Medicaid program; or
(II) who is a member of a household (as that
term is defined in section 245.2 of title 7, Code of
Federal Regulations (or successor regulations))
with a child described in subclause (I).
ø(B) DEMONSTRATION PROJECT.—
ø(i) IN GENERAL.—The Secretary, acting through the
Administrator of the Food and Nutrition Service and
in cooperation with selected State agencies, shall con-
duct a demonstration project in selected local edu-
cational agencies to determine whether direct certifi-
cation of eligible children is an effective method of cer-
tifying children for free lunches and breakfasts under
section 9(b)(1)(A) of this Act and section 4(e)(1)(A) of
the Child Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)(A)).
ø(ii) SCOPE OF PROJECT.—The Secretary shall carry
out the demonstration project under this subpara-
graph—
ø(I) for the school year beginning July 1, 2012,
in selected local educational agencies that collec-
tively serve 2.5 percent of students certified for
free and reduced price meals nationwide, based on
the most recent available data;
ø(II) for the school year beginning July 1, 2013,
in selected local educational agencies that collec-
tively serve 5 percent of students certified for free
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130
and reduced price meals nationwide, based on the
most recent available data; and
ø(III) for the school year beginning July 1, 2014,
and each subsequent school year, in selected local
educational agencies that collectively serve 10 per-
cent of students certified for free and reduced
price meals nationwide, based on the most recent
available data.
ø(iii) PURPOSES OF THE PROJECT.—At a minimum,
the purposes of the demonstration project shall be—
ø(I) to determine the potential of direct certifi-
cation with the Medicaid program to reach chil-
dren who are eligible for free meals but not cer-
tified to receive the meals;
ø(II) to determine the potential of direct certifi-
cation with the Medicaid program to directly cer-
tify children who are enrolled for free meals based
on a household application; and
ø(III) to provide an estimate of the effect on
Federal costs and on participation in the school
lunch program under this Act and the school
breakfast program established by section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773) of di-
rect certification with the Medicaid program.
ø(iv) COST ESTIMATE.—For each of 2 school years of
the demonstration project, the Secretary shall esti-
mate the cost of the direct certification of eligible chil-
dren for free school meals through data derived from—
ø(I) the school meal programs authorized under
this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.);
ø(II) the Medicaid program; and
ø(III) interviews with a statistically representa-
tive sample of households.
ø(C) AGREEMENT.—
ø(i) IN GENERAL.—Not later than July 1 of the first
school year during which a State agency will partici-
pate in the demonstration project, the State agency
shall enter into an agreement with the 1 or more State
agencies conducting eligibility determinations for the
Medicaid program.
ø(ii) WITHOUT FURTHER APPLICATION.—Subject to
paragraph (6), the agreement described in subpara-
graph (D) shall establish procedures under which an
eligible child shall be certified for free lunches under
this Act and free breakfasts under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773), without
further application (as defined in paragraph (4)(G)).
ø(D) CERTIFICATION.—For the school year beginning on
July 1, 2012, and each subsequent school year, subject to
paragraph (6), the local educational agencies participating
in the demonstration project shall certify an eligible child
as eligible for free lunches under this Act and free break-
fasts under the Child Nutrition Act of 1966 (42 U.S.C.
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131
1771 et seq.), without further application (as defined in
paragraph (4)(G)).
ø(E) SITE SELECTION.—
ø(i) IN GENERAL.—To be eligible to participate in the
demonstration project under this subsection, a State
agency shall submit to the Secretary an application at
such time, in such manner, and containing such infor-
mation as the Secretary may require.
ø(ii) CONSIDERATIONS.—In selecting States and local
educational agencies for participation in the dem-
onstration project, the Secretary may take into consid-
eration such factors as the Secretary considers to be
appropriate, which may include—
ø(I) the rate of direct certification;
ø(II) the share of individuals who are eligible for
benefits under the supplemental nutrition assist-
ance program established under the Food and Nu-
trition Act of 2008 (7 U.S.C. 2011 et seq.) who par-
ticipate in the program, as determined by the Sec-
retary;
ø(III) the income eligibility limit for the Med-
icaid program;
ø(IV) the feasibility of matching data between
local educational agencies and the Medicaid pro-
gram;
ø(V) the socioeconomic profile of the State or
local educational agencies; and
ø(VI) the willingness of the State and local edu-
cational agencies to comply with the requirements
of the demonstration project.¿
(B) AGREEMENTS TO CARRY OUT CERTIFICATION.—To cer-
tify a child under subparagraph (A)(v) or (B) of paragraph
(5), a State agency shall enter into an agreement with 1 or
more State agencies conducting eligibility determinations
for the Medicaid program.
(C) PROCEDURES.—Subject to paragraph (6), an agree-
ment under subparagraph (B) shall establish procedures
under which—
(i) an eligible child may be certified for free lunches
under this Act and free breakfasts under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773), with-
out further application (as defined in paragraph
(4)(G)); and
(ii) a child eligible for reduced price meals may be
certified for reduced price lunches under this Act and
reduced price breakfasts under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773), without further
application (as defined in paragraph (4)(G)).
ø(F)¿ (D) ACCESS TO DATA.—For purposes of øconducting
the demonstration project under this paragraph¿ carrying
out this paragraph, the Secretary shall have access to—
(i) educational and other records of State and local
educational and other agencies and institutions receiv-
ing funding or providing benefits for 1 or more pro-
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132
grams authorized under this Act or the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.); and
(ii) income and program participation information
from public agencies administering the Medicaid pro-
gram.
ø(G) REPORT TO CONGRESS.—
ø(i) IN GENERAL.—Not later than October 1, 2014,
the Secretary shall submit to the Committee on Edu-
cation and Labor of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry
of the Senate, an interim report that describes the re-
sults of the demonstration project required under this
paragraph.
ø(ii) FINAL REPORT.—Not later than October 1, 2015,
the Secretary shall submit a final report to the com-
mittees described in clause (i).
ø(H) FUNDING.—
ø(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 Sec-
retary to carry out subparagraph (G) $5,000,000, to re-
main available until expended.
ø(ii) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out subparagraph (G) the funds transferred
under clause (i), without further appropriation.¿
(16) STATEWIDE ONLINE HOUSEHOLD APPLICATIONS.—
(A) IN GENERAL.—Subject to subparagraphs (B) and (C),
beginning in the first school year that begins after the date
of the enactment of this paragraph, a State agency may
elect to establish a Statewide online application to deter-
mine the eligibility of children in households in that State
to receive free or reduced price meals.
(B) STATE AGENCY REQUIREMENTS.—
(i) HOUSEHOLD APPLICATION.—A Statewide online
school meal application under this paragraph shall
comply with the requirements of—
(I) this subsection; and
(II) paragraphs (1) through (5) of section
245.6(a)(1) of title 7, Code of Federal Regulations
(or a successor regulation).
(ii) PROCESSING TIMELINE.—A State agency electing
the option under this paragraph shall—
(I) determine the eligibility of a household apply-
ing for free or reduced price meals; and
(II) communicate that determination to the local
educational agency and the household, within 10
operating days of the date on which the household
submitted the application to the State agency.
(iii) VERIFICATION.—A State agency electing the op-
tion under this paragraph shall—
(I) select at random for verification 3 percent of
all household applications approved by the State
agency for the school year, as of October 1 of the
school year;
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133
(II) directly verify the selected household appli-
cations under subclause (I) in a manner consistent
with paragraph (3)(F); and
(III) prior to October 10 of the school year, com-
municate to the local educational agency which
household applications have been selected for
verification and the outcome of the direct
verification conducted under paragraph (3)(F).
(C) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—
(i) ELIGIBILITY DETERMINATION.—A local educational
agency in a State with a Statewide online household
application established under this paragraph shall ac-
cept the eligibility determination made by the State
agency for a household and provide an eligible child
with free or reduced price meals beginning on the first
day of the current school year.
(ii) TRANSFERRING STUDENTS.—When a student
transfers to a new local educational agency, the new
local educational agency shall obtain and accept the
eligibility determination made by the State agency.
(iii) USE OF STATE SCHOOL MEAL APPLICATION.—A
local educational agency in a State with a Statewide
online household application established under this
paragraph shall not use an alternative online house-
hold application unless the State agency has approved
its use.
(iv) PAPER APPLICATION.—A local educational agency
in a State with a Statewide online household applica-
tion established under this paragraph shall—
(I) provide households with the option to submit
a paper application to the local educational agen-
cy;
(II) communicate to households the availability
of this option and the Statewide online household
application; and
(III) make an eligibility determination for any
paper application submitted.
(v) VERIFICATION.—A local educational agency shall
verify the household applications selected by the State
agency under subparagraph (B)(iii) that were not di-
rectly verified by the State agency under paragraph
(3)(F) in a manner consistent with subparagraphs (G)
through (J) of paragraph (3).
(c) School lunch programs under this Act shall be operated on a
nonprofit basis. Commodities purchased under the authority of sec-
tion 32 of the Act of August 24, 1935, may be donated by the Sec-
retary to schools, in accordance with the needs as determined by
local school authorities, for utilization in the school lunch program
under this Act as well as to other schools carrying out nonprofit
school lunch programs and institutions authorized to receive such
commodities. The requirements of this section relating to the serv-
ice of meals without cost or at a reduced cost shall apply to the
lunch program of any school utilizing commodities donated under
any provision of law.
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134
(d)(1) The Secretary shall require as a condition of eligibility for
receipt of free or reduced price lunches that the member of the
household who executes the application furnish the last 4 digits of
the social security account number of the parent or guardian who
is the primary wage earner responsible for the care of the child for
whom the application is made, or that of another appropriate adult
member of the child’s household, as determined by the Secretary.
(2) No member of a household may be provided a free or reduced
price lunch under this Act unless—
(A) appropriate documentation relating to the income of such
household (as prescribed by the Secretary) has been provided
to the appropriate local educational agency so that the local
educational agency may calculate the total income of such
household;
(B) documentation showing that the household is partici-
pating in the supplemental nutrition assistance program under
the Food and Nutrition Act of 2008 has been provided to the
appropriate local educational agency;
(C) documentation has been provided to the appropriate local
educational agency showing that the family is receiving assist-
ance under the State program funded under part A of title IV
of the Social Security Act that the Secretary determines com-
plies with standards established by the Secretary that ensure
that the standards under the State program are comparable to
or more restrictive than those in effect on June 1, 1995;
(D) documentation has been provided to the appropriate local
educational agency showing that the child meets the criteria
specified in clauses (iv) or (v) of subsection (b)(12)(A);
(E) documentation has been provided to the appropriate local
educational agency showing the status of the child as a migra-
tory child (as defined in section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6399));
(F)(i) documentation has been provided to the appropriate
local educational agency showing the status of the child as a
foster child whose care and placement is the responsibility of
an agency that administers a State plan under part B or E of
title IV of the Social Security Act (42 U.S.C. 621 et seq.); or
(ii) documentation has been provided to the appropriate
local educational agency showing the status of the child as
a foster child who a court has placed with a caretaker
household; or
(G) documentation has been provided to the appropriate local
educational agency showing the status of the child as an eligi-
ble child or child eligible for reduced price meals (as defined in
subsection (b)(15)(A)).
(e) A school or school food authority participating in a program
under this Act may not contract with a food service company to
provide a la carte food service unless the company agrees to offer
free, reduced price, and full-price reimbursable meals to all eligible
children.
(f) NUTRITIONAL REQUIREMENTS.—
(1) IN GENERAL.—øSchools that are participating¿
(A) SCHOOLS PARTICIPATING IN MEAL PROGRAMS.—
Schools that are participating in the school lunch program
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135
or school breakfast program shall serve lunches and break-
fasts that—
ø(A)¿ (i) are consistent with the goals of the most re-
cent Dietary Guidelines for Americans published
under section 301 of the National Nutrition Moni-
toring and Related Research Act of 1990 (7 U.S.C.
5341); and
ø(B)¿ (ii) consider the ønutrient¿ dietary needs of
children who may be at risk for inadequate food intake
øand food insecurity¿, food and nutrition insecurity, or
chronic disease.
(B) UPDATING STANDARDS.—Not later than 1 year after
the first publication of the Dietary Guidelines for Ameri-
cans under section 301 of the National Nutrition Moni-
toring and Related Research Act of 1990 (7 U.S.C. 5341)
that occurs after the date of the enactment of this subpara-
graph, and not less frequently than once every 10 years, or
not later than 1 year after the publication of 2 consecutive
updates to 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) thereafter,
whichever occurs first, the Secretary shall:
(i) Enter into an agreement with the National Acad-
emies of Sciences, Engineering, and Medicine to—
(I) conduct a review of the nutrition standards
and requirements under paragraph (1); and
(II) recommend updates to such requirements so
that they are substantially similar to the Dietary
Guidelines for Americans published under section
301 of the National Nutrition Monitoring and Re-
lated Research Act of 1990 (7 U.S.C. 5341), taking
into account the practical application for imple-
mentation.
(ii) Not later than 1 year after the conclusion of the
review described in clause (i)(I), promulgate regula-
tions to update the school nutrition standards and re-
quirements pursuant to paragraph (1) to align with the
recommendations under clause (i)(II).μ
(C) AUTHORIZATION OF APPROPRIATIONS.—There are au-
thorized to be appropriated to carry out subparagraph (B),
$3,000,000, for the fiscal year in which the first publication
of the Dietary Guidelines for Americans under section 301
of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341) occurs after the date of the en-
actment of this Act, to remain available until expended.
(2) øTo assist schools in meeting the requirements of this sub-
section, the Secretary¿ Assistance to schools.—
(A) øshall¿ ASSISTANCE REQUIRED.—To assist schools in
meeting the requirements of this subsection, the Secretary shall
—
(i) develop, and provide to schools, standardized recipes,
menu cycles, and food product specification and prepara-
tion techniques; øand¿
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136
(ii) provide to schools information regarding nutrient
standard menu planning, assisted nutrient standard menu
planning, and food-based menu systems; øand¿
(iii) develop and provide to schools best practices,
trainings (including peer-to-peer trainings), and other re-
sources;
(iv) implement healthier school environment recognition
programs; and
(v) work with food manufacturers and retailers to sup-
port development and increased availability and afford-
ability of products that meet the nutrition standards; and
ø(B) may provide to schools information regarding other ap-
proaches, as determined by the Secretary.¿
(B) ASSISTANCE PERMITTED.—
(i) IN GENERAL.—To assist schools in meeting the require-
ments of this subsection, the Secretary may—
(I) provide to schools information regarding other ap-
proaches, as determined by the Secretary; and
(II) award grants and monetary incentives to carry
out 1 or more of the following:
(aa) Improving the nutritional quality of meals
and snacks served under a child nutrition pro-
gram.
(bb) Enhancing the nutrition and wellness envi-
ronment of institutions participating in a child nu-
trition program, including by reducing the avail-
ability of less healthy foods during the school day.
(cc) Supporting food systems that supply nutri-
tious foods and beverages for children in both
schools and retail markets, including those in un-
derserved communities.
(dd) Funding a statewide nutrition education co-
ordinator to support individual school food author-
ity nutrition education efforts and to facilitate col-
laboration with other nutrition education efforts in
the State.
(ii) RECIPIENTS.—Grants provided pursuant to clause (i)
may be made available to third party entities that have ex-
perience working with school food service personnel partici-
pating in the school lunch program authorized under this
Act and the school breakfast program established by section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) to
provide technical assistance to schools in meeting the goals
of this subparagraph.
(iii) AUTHORIZATION OF APPROPRIATIONS.—There is au-
thorized to be appropriated to carry out grants and mone-
tary incentives pursuant to clause (i) $30,000,000 for fiscal
year 2024, to be available until expended.
ø(3) USE OF ANY REASONABLE APPROACH.—
ø(A) IN GENERAL.—A school food service authority may use
any reasonable approach, within guidelines established by the
Secretary in a timely manner, to meet the requirements of this
subsection, including—
ø(i) using the school nutrition meal pattern in effect for
the 1994–1995 school year; and
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137
ø(ii) using any of the approaches described in paragraph
(3).
ø(B) NUTRIENT ANALYSIS.—The Secretary may not require a
school to conduct or use a nutrient analysis to meet the re-
quirements of this subsection.
ø(4) WAIVER OF REQUIREMENT FOR WEIGHTED AVERAGES FOR
NUTRIENT ANALYSIS.—During the period ending on September
30, 2010, the Secretary shall not require the use of weighted
averages for nutrient analysis of menu items and foods offered
or served as part of a meal offered or served under the school
lunch program under this Act or the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).¿
(g) Not later than 1 year after the date of enactment of this sub-
section, the Secretary shall provide a notification to Congress that
justifies the need for production records required under section
210.10(b) of title 7, Code of Federal Regulations, and describes how
the Secretary has reduced paperwork relating to the school lunch
and school breakfast programs.
(h) FOOD SAFETY.—
(1) IN GENERAL.—A school participating in the school lunch
program under this Act or the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
shall—
(A) at least twice during each school year, obtain a food
safety inspection conducted by a State or local govern-
mental agency responsible for food safety inspections;
(B) post in a publicly visible location a report on the
most recent inspection conducted under subparagraph (A);
and
(C) on request, provide a copy of the report to a member
of the public.
(2) STATE AND LOCAL GOVERNMENT INSPECTIONS.—Nothing in
paragraph (1) prevents any State or local government from
adopting or enforcing any requirement for more frequent food
safety inspections of schools.
(3) AUDITS AND REPORTS BY STATES.—For fiscal year 2022,
each State shall annually—
(A) audit food safety inspections of schools conducted
under paragraphs (1) and (2); and
(B) submit to the Secretary a report of the results of the
audit.
(4) AUDIT BY THE SECRETARY.—For fiscal year 2022, the Sec-
retary shall annually audit State reports of food safety inspec-
tions of schools submitted under paragraph (3).
(5) SCHOOL FOOD SAFETY PROGRAM.—
(A) IN GENERAL.—Each school food authority shall imple-
ment a school food safety program, in the preparation and
service of each meal served to children, that complies with
any hazard analysis and critical control point system es-
tablished by the Secretary.
(B) APPLICABILITY.—Subparagraph (A) shall apply to any
facility or part of a facility in which food is stored, pre-
pared, or served for the purposes of the school nutrition
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138
programs under this Act or section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
(i) SINGLE PERMANENT AGREEMENT BETWEEN STATE AGENCY AND
SCHOOL FOOD AUTHORITY; COMMON CLAIMS FORM.—
(1) IN GENERAL.—If a single State agency administers any
combination of the school lunch program under this Act, the
school breakfast program under section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773), the summer food service pro-
gram for children under section 13 of this Act, or the child and
adult care food program under section 17 of this Act, the agen-
cy shall—
(A) require each school food authority to submit to the
State agency a single agreement with respect to the oper-
ation by the authority of the programs administered by the
State agency; and
(B) use a common claims form with respect to meals and
supplements served under the programs administered by
the State agency.
(2) ADDITIONAL REQUIREMENT.—The agreement described in
paragraph (1)(A) shall be a permanent agreement that may be
amended as necessary.
(j) PURCHASES OF LOCALLY PRODUCED FOODS.—The Secretary
shall—
(1) encourage institutions receiving funds under this Act and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) øto
purchase unprocessed agricultural products, both locally grown
and locally raised¿, to the maximum extent practicable and
appropriateø;¿ , to purchase unprocessed agricultural products
that were—
(A) locally grown and locally raised;
(B) produced in an environmentally sustainable manner;
(C) produced by a certified organic farm or ranch;
(D) produced by an underserved or limited resource pro-
ducer;
(E) produced by a small or mid-sized farm that is struc-
tured as a family farm;
(F) produced by a farm with employees who, as permitted
by law, are represented by a collective bargaining agree-
ment or memorandum of understanding;
(G) produced by a farm participating in a worker justice
certification program; or
(H) produced by a farm participating in an independent
animal welfare certification program;
(2) advise institutions participating in a program described
in paragraph (1) of the policy described in that paragraph and
paragraph (3) and post information concerning the policy on
the website maintained by the Secretary; and
ø(3) allow institutions receiving funds under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), including
the Department of Defense Fresh Fruit and Vegetable Pro-
gram, to use a geographic preference for the procurement of
unprocessed agricultural products, both locally grown and lo-
cally raised.¿
(3) allow institutions receiving funds under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), including
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139
the Department of Defense Fresh Fruit and Vegetable Program,
to—
(A)(i) use a geographic preference for the procurement of
unprocessed agricultural products, both locally grown and
locally raised; or
(ii) use locally grown, locally raised, or locally
caught as a product specification; and
(B) procure unprocessed agricultural products that are
produced—
(i) in an environmentally sustainable manner;
(ii) by a certified organic farm or ranch;
(iii) by an underserved or limited resource producer;
(iv) by a small or mid-sized farm that is structured
as a family farm;
(v) by a farm with employees who, as permitted by
law, are represented by a collective bargaining agree-
ment or memorandum of understanding;
(vi) by a farm participating in a worker justice cer-
tification program; or
(vii) by a farm participating in an independent ani-
mal welfare certification program.
(4) DEFINITIONS.—In this subsection:
(A) BEGINNING FARMER OR RANCHER.—The term ‘‘begin-
ning farmer or rancher’’ has the meaning given such term
in section 343(a) of the Consolidated Farm and Rural De-
velopment Act (7 U.S.C. 1991(a)).
(B) FAMILY FARM.—The term ‘‘family farm’’ has the
meaning given such term in section 4284.902 of title 7,
Code of Federal Regulations (as in effect on the date of the
enactment of this paragraph).
(C) UNDERSERVED PRODUCER.—The term ‘‘underserved
producer’’ means an individual (including a member of an
Indian Tribe) that is—
(i) a beginning farmer or rancher;
(ii) a veteran farmer or rancher; or
(iii) a socially disadvantaged farmer or rancher.
(D) VETERAN FARMER OR RANCHER.—The term ‘‘veteran
farmer or rancher’’ has the meaning given such term in sec-
tion 2501(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(a)).
(k) INFORMATION ON THE SCHOOL NUTRITION ENVIRONMENT.—
(1) IN GENERAL.—The Secretary shall—
(A) establish requirements for local educational agencies
participating in the school lunch program under this Act
and the school breakfast program established by section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773) to re-
port information about the school nutrition environment,
for all schools under the jurisdiction of the local edu-
cational agencies, to the Secretary and to the public in the
State on a periodic basis; and
(B) provide training and technical assistance to States
and local educational agencies on the assessment and re-
porting of the school nutrition environment, including the
use of any assessment materials developed by the Sec-
retary.
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140
(2) REQUIREMENTS.—In establishing the requirements for re-
porting on the school nutrition environment under paragraph
(1), the Secretary shall—
(A) include information pertaining to food safety inspec-
tions, local wellness policies, meal program participation,
the nutritional quality of program meals, and other infor-
mation as determined by the Secretary; and
(B) ensure that information is made available to the
public by local educational agencies in an accessible, easily
understood manner in accordance with guidelines estab-
lished by the Secretary.
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this subsection such sums
as are necessary for each of fiscal years 2011 through 2015.
(l) FOOD DONATION PROGRAM.—
(1) IN øGENERAL.—¿ øEach¿ GENERAL.—
(A) FOOD DONATIONS PERMISSIBLE.—Each school and
ølocal educational agency¿ school food authority partici-
pating in the school lunch program under this Act may do-
nate any food not consumed under such program to øeligi-
ble local food banks or charitable organizations¿ nonprofit
organizations or individuals in need as determined by such
school or school food authority.
(B) USE OF SCHOOL CAMPUS.—The food donated by a
school through the school food authority serving such
school pursuant to this paragraph may be received, stored,
and distributed on the campus of such school.
(2) GUIDANCE.—
(A) IN GENERAL.—Not later than 180 days after the date
of the enactment of this subsection, the Secretary shall de-
velop and publish guidance to schools and ølocal edu-
cational agencies¿ school food authorities participating in
the school lunch program under this Act to assist such
schools and ølocal educational agencies¿ school food au-
thorities in donating food under this subsection.
(B) UPDATES.—The Secretary shall update such guidance
as necessary.
(3) LIABILITY.—Any school or ølocal educational agency¿
school food authority making donations pursuant to this sub-
section shall be exempt from civil and criminal liability to the
extent provided under the Bill Emerson Good Samaritan Food
Donation Act (42 U.S.C. 1791).
ø(4) DEFINITION.—In this subsection, the term ‘‘eligible local
food banks or charitable organizations’’ means any food bank
or charitable organization which is exempt from tax under sec-
tion 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)).¿
(4) DEFINITION.—In this subsection, the term ‘‘nonprofit orga-
nization’’ means an incorporated or unincorporated entity
that—
(A) is operating for religious, charitable, or educational
purposes; and
(B) does not provide net earnings to operate in any other
manner that inures to the benefit of any officer, employee,
or shareholder of the entity.
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141
SEC. 9A. LOCAL SCHOOL WELLNESS POLICY.
(a) IN GENERAL.—Each local educational agency participating in
a program authorized by this Act or the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) shall establish a local school wellness
policy for all schools under the jurisdiction of the local educational
agency.
(b) GUIDELINES.—The Secretary shall promulgate regulations
that provide the framework and guidelines for local educational
agencies to establish local school wellness policies, including, at a
minimum,—
(1) goals for nutrition promotion and education, physical ac-
tivity, mental health promotion and education, including
awareness of eating disorders and other school-based activities
that promote student wellness;
(2) for all foods available on each school campus under the
jurisdiction of the local educational agency during the school
day, nutrition guidelines that—
(A) are consistent with sections 9 and 17 of this Act, and
sections 4 and 10 of the Child Nutrition Act of 1966 (42
U.S.C. 1773, 1779); and
(B) promote student health and reduce øchildhood obe-
sity¿ diet-related illnesses;
(3) a requirement that the local educational agency permit
parents, students, representatives of the school food authority,
teachers of physical education, school health professionals, the
school board, school administrators, school-based registered di-
etitians, school-based mental health services providers, and the
general public to participate in the development, implementa-
tion, and periodic review and update of the local school
wellness policy;
(4) a requirement that the local educational agency inform
and update the public (including parents, students, and others
in the community) about the content and implementation of
the local school wellness policy; and
(5) a requirement that the local educational agency—
(A) periodically measure and make available to the pub-
lic an assessment on the implementation of the local school
wellness policy, including—
(i) the extent to which schools under the jurisdiction
of the local educational agency are in compliance with
the local school wellness policy;
(ii) the extent to which the local school wellness pol-
icy of the local educational agency compares to model
local school wellness policies; and
(iii) a description of the progress made in attaining
the goals of the local school wellness policy; and
(B) designate 1 or more local educational agency officials
or school officials, as appropriate, to ensure that each
school complies with the local school wellness policy.
(c) LOCAL DISCRETION.—The local educational agency shall use
the guidelines promulgated by the Secretary under subsection (b)
to determine specific policies appropriate for the schools under the
jurisdiction of the local educational agency.
(d) TECHNICAL ASSISTANCE AND BEST PRACTICES.—
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(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Education and the Secretary of Health and
Human Services, acting through the Centers for Disease Con-
trol and Prevention and the Administrator of the Substance
Abuse and Mental Health Services Administration, shall pro-
vide information and technical assistance to local educational
agencies, school food authorities, school health professionals
(including school-based mental health services providers when
available), and State educational agencies for use in estab-
lishing healthy school environments that are intended to pro-
mote student health and wellness.
(2) CONTENT.—The Secretary shall provide technical assist-
ance that—
(A) includes resources and training on designing, imple-
menting, promoting, disseminating, and evaluating local
school wellness policies and overcoming barriers to the
adoption of local school wellness policies;
(B) includes model local school wellness policies and best
practices recommended by Federal agencies, State agen-
cies, and nongovernmental organizations;
ø(C) includes such other technical assistance as is re-
quired to promote sound nutrition and establish healthy
school nutrition environments; and¿
(C) includes such other technical assistance as is re-
quired to—
(i) promote sound nutrition and establish healthy
school nutrition environments; and
(ii) promote mental health, encourage mental health
assessments, and establish resilient school environ-
ments; and
(D) is consistent with the specific needs and require-
ments of local educational agencies.
(3) STUDY AND REPORT.—
(A) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary, in øconjunction¿ consultation with
the Director of the Centers for Disease Control and Pre-
vention and the Administrator of the Substance Abuse and
Mental Health Services Administration, shall prepare a re-
port on the implementation, strength, and effectiveness of
the local school wellness policies carried out in accordance
with this section.
(B) STUDY OF LOCAL SCHOOL WELLNESS POLICIES.—The
study described in subparagraph (A) shall include——
(i) an analysis of the strength and weaknesses of
local school wellness policies and how the policies com-
pare with model local wellness policies recommended
under paragraph (2)(B); and
(ii) an assessment of the impact of the local school
wellness policies in addressing the requirements of
subsection (b).
(C) REPORT.—Not later than øJanuary 1, 2014,¿ 4 years
after the date on which funds are first appropriated to
carry out this section after the date of the enactment of the
Healthy Meals, Healthy Kids Act, the Secretary shall sub-
mit to the Committee on Education and Labor of the
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143
House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report that
describes the findings of the study.
(D) AUTHORIZATION OF APPROPRIATIONS.—There are au-
thorized to be appropriated to carry out this paragraph
ø$3,000,000¿ $5,000,000 for fiscal year ø2011¿ 2024, to re-
main available until expended.
DISBURSEMENT TO SCHOOLS BY THE SECRETARY
SEC. 10. (a) The Secretary shall withhold funds payable to a
State under this Act and disburse the funds directly to schools, in-
stitutions, or service institutions within the State for the purposes
authorized by this Act to the extent that the Secretary has so with-
held and disbursed such funds continuously since October 1, 1980,
but only to such extent (except as otherwise required by subsection
(b)). Any funds so withheld and disbursed by the Secretary shall
be used for the same purposes, and shall be subject to the same
conditions, as applicable to a State disbursing funds made avail-
able under this Act. If the Secretary is administering (in whole or
in part) any program authorized under this Act, the State in which
the Secretary is administering the program may, upon request to
the Secretary, assume administration of that program.
(b) If a State educational agency is not permitted by law to dis-
burse the funds paid to it under this Act to any of the nonpublic
schools in the State, the Secretary shall disburse the funds directly
to such schools within the State for the same purposes and subject
to the same conditions as are authorized or required with respect
to the disbursements to public schools within the State by the
State educational agency.
SPECIAL ASSISTANCE
SEC. 11. (a)(1)(A) Except as provided in section 10 of this Act, in
each fiscal year each State educational agency shall receive special
assistance payments in an amount equal to the sum of the product
obtained by multiplying the number of lunches (consisting of a
combination of foods which meet the minimum nutritional require-
ments prescribed by the Secretary pursuant to subsection 9(a) of
this Act) served free to children eligible for such lunches in schools
within that State during such fiscal year by the special assistance
factor for free lunches prescribed by the Secretary for such fiscal
year and the product obtained by multiplying the number of
lunches served at a reduced price to children eligible for such re-
duced price lunches in schools within that State during such fiscal
year by the special assistance factor for reduced price lunches pre-
scribed by the Secretary for such fiscal year.
(B) Except as provided in subparagraph (C), (D), (E), or (F), in
the case of any school which determines that at least 80 percent
of the children in attendance during a school year (hereinafter in
this sentence referred to as the ‘‘first school year’’) are eligible for
free lunches or reduced price lunches, special assistance payments
shall be paid to the State educational agency with respect to that
school, if that school so requests for the school year following the
first school year, on the basis of the number of free lunches or re-
duced priced lunches, as the case may be, that are served by that
school during the school year for which the request is made, to
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those children who were determined to be so eligible in the first
school year and the number of free lunches and reduced price
lunches served during that year to other children determined for
that year to be eligible for such lunches.
(C)(i) Except as provided in subparagraph (D), in the case of any
school or school district that—
(I) elects to serve all children in the school or school district
free lunches under the school lunch program during any period
of 4 successive school years, or in the case of a school or school
district that serves both lunches and breakfasts, elects to serve
all children in the school or school district free lunches and
free breakfasts under the school lunch program and the school
breakfast program established under section 4 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1773) during any period of 4 suc-
cessive school years; and
(II) pays, from sources other than Federal funds, for the
costs of serving the lunches or breakfasts that are in excess of
the value of assistance received under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to
the number of lunches or breakfasts served during the period;
special assistance payments shall be paid to the State educational
agency with respect to the school or school district during the pe-
riod on the basis of the number of lunches or breakfasts deter-
mined under clause (ii) or (iii).
(ii) For purposes of making special assistance payments under
clause (i), except as provided in clause (iii), the number of lunches
or breakfasts served by a school or school district to children who
are eligible for free lunches or breakfasts or reduced price lunches
or breakfasts during each school year of the 4-school-year period
shall be considered to be equal to the number of lunches or break-
fasts served by the school or school district to children eligible for
free lunches or breakfasts or reduced price lunches or breakfasts
during the first school year of the period.
(iii) For purposes of computing the amount of the payments, a
school or school district may elect to determine on a more frequent
basis the number of children who are eligible for free or reduced
price lunches or breakfasts who are served lunches or breakfasts
during the 4-school-year period.
(D)(i) In the case of any school or school district that is receiving
special assistance payments under this paragraph for a 4-school-
year period described in subparagraph (C), the State may grant, at
the end of the 4-school-year period, an extension of the period for
an additional 4 school years, if the State determines, through avail-
able socioeconomic data approved by the Secretary, that the income
level of the population of the school or school district has remained
stable.
(ii) A school or school district described in clause (i) may reapply
to the State at the end of the 4-school-year period, and at the end
of each 4-school-year period thereafter for which the school or
school district receives special assistance payments under this
paragraph, for the purpose of continuing to receive the payments
for a subsequent 4-school-year period.
(iii) If the Secretary determines after considering the best avail-
able socioeconomic data that the income level of families of children
enrolled in a school or school district has not remained stable, the
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145
Secretary may require the submission of applications for free and
reduced price lunches, or for free and reduced price lunches and
breakfasts, in the first school year of any 4-school-year period for
which the school or school district receives special assistance pay-
ments under this paragraph, for the purpose of calculating the spe-
cial assistance payments.
(iv) For the purpose of updating information and reimbursement
levels, a school or school district described in clause (i) that carries
out a school lunch or school breakfast program may at any time re-
quire submission of applications for free and reduced price lunches
or for free and reduced price lunches and breakfasts.
(E)(i) In the case of any school or school district that—
(I) elects to serve all children in the school or school district
free lunches under the school lunch program during any period
of 4 successive school years, or in the case of a school or school
district that serves both lunches and breakfasts, elects to serve
all children in the school or school district free lunches and
free breakfasts under the school lunch program and the school
breakfast program during any period of 4 successive school
years; and
(II) pays, from sources other than Federal funds, for the
costs of serving the lunches or breakfasts that are in excess of
the value of assistance received under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with respect to
the number of lunches or breakfasts served during the period;
total Federal cash reimbursements and total commodity assistance
shall be provided to the State educational agency with respect to
the school or school district at a level that is equal to the total Fed-
eral cash reimbursements and total commodity assistance received
by the school or school district in the last school year for which the
school or school district accepted applications under the school
lunch or school breakfast program, adjusted annually for inflation
in accordance with paragraph (3)(B) and for changes in enrollment,
to carry out the school lunch or school breakfast program.
(ii) A school or school district described in clause (i) may reapply
to the State at the end of the 4-school-year period described in
clause (i), and at the end of each 4-school-year period thereafter for
which the school or school district receives reimbursements and as-
sistance under this subparagraph, for the purpose of continuing to
receive the reimbursements and assistance for a subsequent 4-
school-year period. The State may approve an application under
this clause if the State determines, through available socioeconomic
data approved by the Secretary, that the income level of the popu-
lation of the school or school district has remained consistent with
the income level of the population of the school or school district
in the last school year for which the school or school district accept-
ed the applications described in clause (i).
(F) UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS.—
(i) DEFINITION OF IDENTIFIED STUDENTS.—The term
‘‘identified students’’ means students certified based
on documentation of benefit receipt or categorical eligi-
bility as described in section 245.6a(c)(2) of title 7,
Code of Federal Regulations (or successor regulations).
(ii) ELECTION OF SPECIAL ASSISTANCE PAYMENTS.—
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146
(I) IN GENERAL.—A local educational agency
may, for all schools in the district or on behalf of
certain schools in the district, elect to receive spe-
cial assistance payments under this subparagraph
in lieu of special assistance payments otherwise
made available under this paragraph based on ap-
plications for free and reduced price lunches if—
(aa) during a period of 4 successive school
years, the local educational agency elects to
serve all children in the applicable schools
free lunches and breakfasts under the school
lunch program under this Act and the school
breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C.
1773);
(bb) the local educational agency pays, from
sources other than Federal funds, the costs of
serving the lunches or breakfasts that are in
excess of the value of assistance received
under this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
(cc) the local educational agency is not a
residential child care institution (as that term
is used in section 210.2 of title 7, Code of Fed-
eral Regulations (or successor regulations));
and
(dd) during the school year prior to the first
year of the period for which the local edu-
cational agency elects to receive special assist-
ance payments under this subparagraph, the
local educational agency or school had a per-
centage of enrolled students who were identi-
fied students that meets or exceeds the
threshold described in clause (viii).
(II) ELECTION TO STOP RECEIVING PAYMENTS.—A
local educational agency may, for all schools in the
district or on behalf of certain schools in the dis-
trict, elect to stop receiving special assistance pay-
ments under this subparagraph for the following
school year by notifying the State agency not later
than June 30 of the current school year of the in-
tention to stop receiving special assistance pay-
ments under this subparagraph.
(iii) FIRST YEAR OF OPTION.—
(I) SPECIAL ASSISTANCE PAYMENT.—For each
month of the first school year of the 4-year period
during which a school or local educational agency
elects to receive payments under this subpara-
graph, special assistance payments at the rate for
free meals shall be made under this subparagraph
for a percentage of all reimbursable meals served
in an amount equal to the product obtained by
multiplying—
(aa) the multiplier described in clause (vii);
by
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147
(bb) the percentage of identified students at
the school or local educational agency as of
April 1 of the prior school year, up to a max-
imum of 100 percent.
(II) PAYMENT FOR OTHER MEALS.—The percent-
age of meals served that is not described in sub-
clause (I) shall be reimbursed at the rate provided
under section 4.
(iv) SECOND, THIRD, OR FOURTH YEAR OF OPTION.—
(I) SPECIAL ASSISTANCE PAYMENT.—For each
month of the second, third, or fourth school year
of the 4-year period during which a school or local
educational agency elects to receive payments
under this subparagraph, special assistance pay-
ments at the rate for free meals shall be made
under this subparagraph for a percentage of all
reimbursable meals served in an amount equal to
the product obtained by multiplying—
(aa) the multiplier described in clause (vii);
by
(bb) the higher of the percentage of identi-
fied students at the school or local educational
agency as of April 1 of the prior school year
or the percentage of identified students at the
school or local educational agency as of April
1 of the school year prior to the first year that
the school or local educational agency elected
to receive special assistance payments under
this subparagraph, up to a maximum of 100
percent.
(II) PAYMENT FOR OTHER MEALS.—The percent-
age of meals served that is not described in sub-
clause (I) shall be reimbursed at the rate provided
under section 4.
(v) GRACE YEAR.—
(I) IN GENERAL.—If, not later than April 1 of the
fourth year of a 4-year period described in clause
(ii)(I), a school or local educational agency has a
percentage of enrolled students who are identified
students that meets or exceeds a percentage that
is 10 percentage points lower than the threshold
described in clause (viii), the school or local edu-
cational agency may elect to receive special assist-
ance payments under subclause (II) for an addi-
tional grace year.
(II) SPECIAL ASSISTANCE PAYMENT.—For each
month of a grace year, special assistance pay-
ments at the rate for free meals shall be made
under this subparagraph for a percentage of all
reimbursable meals served in an amount equal to
the product obtained by multiplying—
(aa) the multiplier described in clause (vii);
by
(bb) the percentage of identified students at
the school or local educational agency as of
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148
April 1 of the prior school year, up to a max-
imum of 100 percent.
(III) PAYMENT FOR OTHER MEALS.—The percent-
age of meals served that is not described in sub-
clause (II) shall be reimbursed at the rate pro-
vided under section 4.
(vi) APPLICATIONS.—A school or local educational
agency that receives special assistance payments
under this subparagraph may not be required to col-
lect applications for free and reduced price lunches.
ø(vii) MULTIPLIER.—
ø(I) PHASE-IN.—For each school year beginning
on or before July 1, 2013, the multiplier shall be
1.6.
ø(II) FULL IMPLEMENTATION.—For each school
year beginning on or after July 1, 2014, the Sec-
retary may use, as determined by the Secretary—
ø(aa) a multiplier between 1.3 and 1.6; and
ø(bb) subject to item (aa), a different multi-
plier for different schools or local educational
agencies.
ø(viii) THRESHOLD.—
ø(I) PHASE-IN.—For each school year beginning
on or before July 1, 2013, the threshold shall be
40 percent.
ø(II) FULL IMPLEMENTATION.—For each school
year beginning on or after July 1, 2014, the Sec-
retary may use a threshold that is less than 40
percent.¿
(vii) MULTIPLIER.—For each school year beginning
on or after July 1, 2023, the Secretary shall use a mul-
tiplier of 2.5.
(viii) THRESHOLD.—For each school year beginning
on or after July 1, 2023, the threshold shall be not
more than 25 percent.
(ix) PHASE-IN.—
(I) IN GENERAL.—In selecting States for partici-
pation during the phase-in period, the Secretary
shall select States with an adequate number and
variety of schools and local educational agencies
that could benefit from the option under this sub-
paragraph, as determined by the Secretary.
(II) LIMITATION.—The Secretary may not ap-
prove additional schools and local educational
agencies to receive special assistance payments
under this subparagraph after the Secretary has
approved schools and local educational agencies
in—
(aa) for the school year beginning on July 1,
2011, 3 States; and
(bb) for each of the school years beginning
July 1, 2012 and July 1, 2013, an additional
4 States per school year.
(x) ELECTION OF OPTION.—
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149
(I) IN GENERAL.—For each school year beginning
on or after July 1, 2014, any local educational
agency eligible to make the election described in
clause (ii) for all schools in the district or on be-
half of certain schools in the district may elect to
receive special assistance payments under clause
(iii) for the next school year if, not later than June
30 of the current school year, the local educational
agency submits to the State agency the percentage
of identified students at the school or local edu-
cational agency.
(II) STATE AGENCY NOTIFICATION.—Not later
than May 1 of each school year beginning on or
after July 1, 2011, each State agency with schools
or local educational agencies that may be eligible
to elect to receive special assistance payments
under this subparagraph shall notify—
(aa) each local educational agency that
meets or exceeds the threshold described in
clause (viii) that the local educational agency
is eligible to elect to receive special assistance
payments under clause (iii) for the next 4
school years, of the blended reimbursement
rate the local educational agency would re-
ceive under clause (iii), and of the procedures
for the local educational agency to make the
election;
(bb) each local educational agency that re-
ceives special assistance payments under
clause (iii) of the blended reimbursement rate
the local educational agency would receive
under clause (iv);
(cc) each local educational agency in the
fourth year of electing to receive special as-
sistance payments under this subparagraph
that meets or exceeds a percentage that is 10
percentage points lower than the threshold
described in clause (viii) and that receives
special assistance payments under clause (iv),
that the local educational agency may con-
tinue to receive such payments for the next
school year, of the blended reimbursement
rate the local educational agency would re-
ceive under clause (v), and of the procedures
for the local educational agency to make the
election; and
(dd) each local educational agency that
meets or exceeds a percentage that is 10 per-
centage points lower than the threshold de-
scribed in clause (viii) that the local edu-
cational agency may be eligible to elect to re-
ceive special assistance payments under
clause (iii) if the threshold described in clause
(viii) is met by April 1 of the school year or
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150
if the threshold is met for a subsequent school
year.
(III) PUBLIC NOTIFICATION OF LOCAL EDU-
CATIONAL AGENCIES.—Not later than May 1 of
each school year beginning on or after July 1,
2011, each State agency with 1 or more schools or
local educational agencies eligible to elect to re-
ceive special assistance payments under clause
(iii) shall submit to the Secretary, and the Sec-
retary shall publish, lists of the local educational
agencies receiving notices under subclause (II).
(IV) PUBLIC NOTIFICATION OF SCHOOLS.—Not
later than May 1 of each school year beginning on
or after July 1, 2011, each local educational agen-
cy in a State with 1 or more schools eligible to
elect to receive special assistance payments under
clause (iii) shall submit to the State agency, and
the State agency shall publish—
(aa) a list of the schools that meet or exceed
the threshold described in clause (viii);
(bb) a list of the schools that meet or exceed
a percentage that is 10 percentage points
lower than the threshold described in clause
(viii) and that are in the fourth year of receiv-
ing special assistance payments under clause
(iv); and
(cc) a list of the schools that meet or exceed
a percentage that is 10 percentage points
lower than the threshold described in clause
(viii).
(xi) IMPLEMENTATION.—
(I) GUIDANCE.—Not later than 90 days after the
date of enactment of this subparagraph, the Sec-
retary shall issue guidance to implement this sub-
paragraph.
(II) REGULATIONS.—Not later than December
31, 2013, the Secretary shall promulgate regula-
tions that establish procedures for State agencies,
local educational agencies, and schools to meet the
requirements of this subparagraph, including ex-
ercising the option described in this subpara-
graph.
(III) PUBLICATION.—If the Secretary uses the
authority provided in clause (vii)(II)(bb) to use a
different multiplier for different schools or local
educational agencies, for each school year begin-
ning on or after July 1, 2014, not later than April
1, 2014, the Secretary shall publish on the website
of the Secretary a table that indicates—
(aa) each local educational agency that may
elect to receive special assistance payments
under clause (ii);
(bb) the blended reimbursement rate that
each local educational agency would receive;
and
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151
(cc) an explanation of the methodology used
to calculate the multiplier or threshold for
each school or local educational agency.
(xii) REPORT.—Not later than December 31, 2013,
the Secretary shall publish a report that describes—
(I) an estimate of the number of schools and
local educational agencies eligible to elect to re-
ceive special assistance payments under this sub-
paragraph that do not elect to receive the pay-
ments;
(II) for schools and local educational agencies
described in subclause (I)—
(aa) barriers to participation in the special
assistance option under this subparagraph, as
described by the nonparticipating schools and
local educational agencies; and
(bb) changes to the special assistance option
under this subparagraph that would make eli-
gible schools and local educational agencies
more likely to elect to receive special assist-
ance payments;
(III) for schools and local educational agencies
that elect to receive special assistance payments
under this subparagraph—
(aa) the number of schools and local edu-
cational agencies;
(bb) an estimate of the percentage of identi-
fied students and the percentage of enrolled
students who were certified to receive free or
reduced price meals in the school year prior to
the election to receive special assistance pay-
ments under this subparagraph, and a de-
scription of how the ratio between those per-
centages compares to 1.6;
(cc) an estimate of the number and share of
schools and local educational agencies in
which more than 80 percent of students are
certified for free or reduced price meals that
elect to receive special assistance payments
under that clause; and
(dd) whether any of the schools or local edu-
cational agencies stopped electing to receive
special assistance payments under this sub-
paragraph;
(IV) the impact of electing to receive special as-
sistance payments under this subparagraph on—
(aa) program integrity;
(bb) whether a breakfast program is offered;
(cc) the type of breakfast program offered;
(dd) the nutritional quality of school meals;
and
(ee) program participation; and
(V) the multiplier and threshold, as described in
clauses (vii) and (viii) respectively, that the Sec-
retary will use for each school year beginning on
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152
or after July 1, 2014 and the rationale for any
change in the multiplier or threshold.
(xiii) FUNDING.—
(I) IN GENERAL.—On October 1, 2010, out of any
funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the
Secretary to carry out clause (xii) $5,000,000, to
remain available until September 30, 2014.
(II) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out clause (xii) the funds transferred
under subclause (I), without further appropria-
tion.
(xiv) STATEWIDE COMMUNITY ELIGIBILITY.—For each
school year beginning on or after July 1, 2023, the Sec-
retary shall establish an option for States to utilize a
statewide community eligibility program under which,
in the case of a State agency that agrees to provide
funding from sources other than Federal funds to en-
sure that local educational agencies in the State receive
the free reimbursement rate for 100 percent of the
meals served at applicable schools—
(I) the multiplier described in clause (vii) shall
apply;
(II) the threshold described in clause (viii) shall
be applied by substituting ‘‘zero’’ for ‘‘25’’; and
(III) the percentage of enrolled students who
were identified students shall be calculated across
all applicable schools in the State regardless of
local educational agency.
(2) The special assistance factor prescribed by the Secretary for
free lunches shall be 98.75 cents and the special assistance factor
for reduced price lunches shall be 40 cents less than the special as-
sistance factor for free lunches.
(3)(A) The Secretary shall prescribe on July 1, 1982, and on each
subsequent July 1, an annual adjustment in the following:
(i) The national average payment rates for lunches (as estab-
lished under section 4 of this Act).
(ii) the special assistance factor for lunches (as established
under paragraph (2) of this subsection).
(iii) The national average payment rates for breakfasts (as
established under section 4(b) of the Child Nutrition Act of
1966 ).
(iv) The national average payment rates for supplements (as
established under section 17(c) of this Act).
(B) COMPUTATION OF ADJUSTMENT.—
(i) IN GENERAL.—The annual adjustment under this
paragraph shall reflect changes in the cost of operating
meal programs under this Act and the Child Nutrition Act
of 1966, as indicated by the change in the series for food
away from home of the Consumer Price Index for all
Urban Consumers, published by the Bureau of Labor Sta-
tistics of the Department of Labor.
(ii) BASIS.—Each annual adjustment shall reflect the
changes in the series for food away from home for the
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153
ømost recent¿ 12-month period ending on the preceding
April 30 for which such data are available.
(iii) ROUNDING.—On July 1, 1999, and on each subse-
quent July 1, the national average payment rates for
meals and supplements shall be adjusted to the nearest
lower cent increment and shall be based on the unrounded
amounts for the preceding 12-month period ending on
April 30.
(b) Except as provided in section 10 of the Child Nutrition Act
of 1966, the special assistance payments made to each State agency
during each fiscal year under the provisions of this section shall be
used by such State agency to assist schools of that State in pro-
viding free and reduced price lunches served to children pursuant
to subsection 9(b) of this Act. The amount of such special assist-
ance funds that a school shall from time to time receive, within a
maximum per lunch amount established by the Secretary for all
States, shall be based on the need of the school for such special as-
sistance. Such maximum per lunch amount established by the Sec-
retary shall not be less than 60 cents.
(c) Special assistance payments to any State under this section
shall be made as provided in the last sentence of section 7 of this
Act.
(d)(1) The Secretary, when appropriate, may request each school
participating in the school lunch program under this Act to report
monthly to the State educational agency the average number of
children in the school who received free lunches and the average
number of children who received reduced price lunches during the
immediately preceding month.
(2) On request of the Secretary, the State educational agency of
each State shall report to the Secretary the average number of chil-
dren in the State who received free lunches and the average num-
ber of children in the State who received reduced price lunches
during the immediately preceding month.
(e) Commodity only schools shall also be eligible for special as-
sistance payments under this section. Such schools shall serve
meals free to children who meet the eligibility requirements for
free meals under section 9(b) of this Act, and shall serve meals at
a reduced price, not exceeding the price specified in section 9(b)(9)
of this Act, to children meeting the eligibility requirements for re-
duced price meals under such section. No physical segregation of,
or other discrimination against, any child eligible for a free or re-
duced-priced lunch shall be made by the school, nor shall there be
any overt identification of any such child by any means.
(g) UNIVERSAL MEAL SERVICE THROUGH CENSUS DATA.—
(1) IN GENERAL.—To the maximum extent practicable, the
Secretary shall identify alternatives to—
(A) the daily counting by category of meals provided by
school lunch programs under this Act and the school
breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773); and
(B) the use of annual applications as the basis for eligi-
bility to receive free meals or reduced price meals under
this Act.
(2) RECOMMENDATIONS.—
(A) CONSIDERATIONS.—
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(i) IN GENERAL.—In identifying alternatives under
paragraph (1), the Secretary shall consider the rec-
ommendations of the Committee on National Statistics
of the National Academy of Sciences relating to use of
the American Community Survey of the Bureau of the
Census and other data sources.
(ii) SOCIOECONOMIC SURVEY.—The Secretary shall
consider use of a periodic socioeconomic survey of
households of children attending school in the school
food authority in not more than 3 school food authori-
ties participating in the school lunch program under
this Act.
(iii) SURVEY PARAMETERS.—The Secretary shall es-
tablish requirements for the use of a socioeconomic
survey under clause (ii), which shall—
(I) include criteria for survey design, sample
frame validity, minimum level of statistical preci-
sion, minimum survey response rates, frequency
of data collection, and other criteria as determined
by the Secretary;
(II) be consistent with the Standards and Guide-
lines for Statistical Surveys, as published by the
Office of Management and Budget;
(III) be consistent with standards and require-
ments that ensure proper use of Federal funds;
and
(IV) specify that the socioeconomic survey be
conducted at least once every 4 years.
(B) USE OF ALTERNATIVES.—Alternatives described in
subparagraph (A) that provide accurate and effective
means of providing meal reimbursement consistent with
the eligibility status of students may be—
(i) implemented for use in schools or by school food
authorities that agree—
(I) to serve all breakfasts and lunches to stu-
dents at no cost in accordance with regulations
issued by the Secretary; and
(II) to pay, from sources other than Federal
funds, the costs of serving any lunches and break-
fasts that are in excess of the value of assistance
received under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) with respect to
the number of lunches and breakfasts served dur-
ing the applicable period; or
(ii) further tested through demonstration projects
carried out by the Secretary in accordance with sub-
paragraph (C).
(C) DEMONSTRATION PROJECTS.—
(i) IN GENERAL.—For the purpose of carrying out
demonstration projects described in subparagraph (B),
the Secretary may waive any requirement of this Act
relating to—
(I) counting of meals provided by school lunch or
breakfast programs;
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155
(II) applications for eligibility for free or reduced
priced meals; or
(III) required direct certification under section
9(b)(4).
(ii) NUMBER OF PROJECTS.—The Secretary shall
carry out demonstration projects under this paragraph
in not more than 5 local educational agencies for each
alternative model that is being tested.
(iii) LIMITATION.—A demonstration project carried
out under this paragraph shall have a duration of not
more than 3 years.
(iv) EVALUATION.—The Secretary shall evaluate each
demonstration project carried out under this para-
graph in accordance with procedures established by
the Secretary.
(v) REQUIREMENT.—In carrying out evaluations
under clause (iv), the Secretary shall evaluate, using
comparisons with local educational agencies with simi-
lar demographic characteristics—
(I) the accuracy of the 1 or more methodologies
adopted as compared to the daily counting by cat-
egory of meals provided by school meal programs
under this Act or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) and the use of annual ap-
plications as the basis for eligibility to receive free
or reduced price meals under those Acts;
(II) the effect of the 1 or more methodologies
adopted on participation in programs under those
Acts;
(III) the effect of the 1 or more methodologies
adopted on administration of programs under
those Acts; and
(IV) such other matters as the Secretary deter-
mines to be appropriate.
MISCELLANEOUS PROVISIONS AND DEFINITIONS
SEC. 12. (a) States, State educational agencies, and schools par-
ticipating in the school lunch program under this Act shall keep
such accounts and records as may be necessary to enable the Sec-
retary to determine whether the provisions of this Act are being
complied with. Such accounts and records shall be available at any
reasonable time for inspection and audit by representatives of the
Secretary and shall be preserved for such period of time, not in ex-
cess of five years, as the Secretary determines is necessary.
(b) AGREEMENTS.—
(1) IN GENERAL.—The Secretary shall incorporate, in the
agreement of the Secretary with the State agencies admin-
istering programs authorized under this Act or the Child Nu-
trition Act of 1966 (42 U.S.C. 1771 et seq.), the express re-
quirements with respect to the operation of the programs to
the extent applicable and such other provisions as in the opin-
ion of the Secretary are reasonably necessary or appropriate to
effectuate the purposes of this Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
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156
(2) EXPECTATIONS FOR USE OF FUNDS.—Agreements described
in paragraph (1) shall include a provision that—
(A) supports full use of Federal funds provided to State
agencies for the administration of programs authorized
under this Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
(B) excludes the Federal funds from State budget restric-
tions or limitations including, at a minimum—
(i) hiring freezes;
(ii) work furloughs; and
(iii) travel restrictions.
(c) In carrying out the provisions of this Act, the Secretary shall
not impose any requirement with respect to teaching personnel,
curriculum, instruction, methods of instruction, and materials of in-
struction in any school.
(d) For the purposes of this Act—
(1) CHILD.—
(A) IN GENERAL.—The term ‘‘child’’ includes an indi-
vidual, regardless of age, who—
(i) is determined by a State educational agency, in
accordance with regulations prescribed by the Sec-
retary, to have one or more disabilities; and
(ii) is attending any institution, as defined in section
17(a), or any nonresidential public or nonprofit private
school of high school grade or under, for the purpose
of participating in a school program established for in-
dividuals with disabilities.
(B) RELATIONSHIP TO CHILD AND ADULT CARE FOOD PRO-
GRAM.—No institution that is not otherwise eligible to par-
ticipate in the program under section 17 shall be consid-
ered eligible because of this paragraph.
(2) ‘‘Commodity only schools’’ means schools that do not par-
ticipate in the school lunch program under this Act, but which
receive commodities made available by the Secretary for use by
such schools in nonprofit lunch programs.
(3) DISABILITY.—The term ‘‘disability’’ has the meaning given
the term øin the Rehabilitation Act of 1973 for purposes of title
II of that Act (29 U.S.C 760 et seq.).¿ in section 7 of the Reha-
bilitation Act of 1973 (29 U.S.C. 705).
(4) LOCAL EDUCATIONAL AGENCY.—
(A) IN GENERAL.—The term ‘‘local educational agency’’
has the meaning given the term in section 8101 of the Ele-
mentary and Secondary Education Act of 1965.
(B) INCLUSION.—The term ‘‘local educational agency’’ in-
cludes, in the case of a private nonprofit school, an appro-
priate entity determined by the Secretary.
(5) ‘‘School’’ means (A) any public or nonprofit private school
of high school grade or under, and (B) any public or licensed
nonprofit private residential child care institution (including,
but not limited to, orphanages and homes for the mentally re-
tarded, but excluding Job Corps Centers funded by the Depart-
ment of Labor). For purposes of this paragraph, the term ‘‘non-
profit’’, when applied to any such private school or institution,
means any such school or institution which is exempt from tax
under section 501(c)(3) of the Internal Revenue Code of 1986.
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157
(6) ‘‘School year’’ means the annual period from July 1
through June 30.
(7) SCRATCH COOKING.—The term ‘‘scratch cooking’’ means
the preparation of food using ingredients that are unprocessed
or minimally processed.
ø(7)¿ (8) ‘‘Secretary’’ means the Secretary of Agriculture.
ø(8)¿ (9) ‘‘State’’ means any of the fifty States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
ø(9)¿ (10) ‘‘State educational agency’’ means, as the State
legislature may determine, (A) the chief State school officer
(such as the State superintendent of public instruction, com-
missioner of education, or similar officer), or (B) a board of
education controlling the State department of education.
(e) The value of assistance to children under this Act shall not
be considered to be income or resources for any purposes under any
Federal or State laws, including laws relating to taxation and wel-
fare and public assistance programs.
(f) In providing assistance for breakfasts, lunches, suppers, and
supplements served in Alaska, Hawaii, Guam, American Samoa,
Puerto Rico, the Virgin Islands of the United States, and the Com-
monwealth of the Northern Mariana Islands, the Secretary may es-
tablish appropriate adjustments for each such State to the national
average payment rates prescribed under sections 4, 11, 13, and 17
of this Act and section 4 of the Child Nutrition Act of 1966, to re-
flect the differences between the costs of providing meals and sup-
plements in those States and the costs of providing meals and sup-
plements in all other States.
(g) Whoever embezzles, willfully misapplies, steals, or obtains by
fraud any funds, assets, or property that are the subject of a grant
or other form of assistance under this Act or the Child Nutrition
Act of 1966, whether received directly or indirectly from the United
States Department of Agriculture, or whoever receives, conceals, or
retains such funds, assets, or property to personal use or gain,
knowing such funds, assets, or property have been embezzled, will-
fully misapplied, stolen, or obtained by fraud shall, if such funds,
assets, or property are of the value of $100 or more, be fined not
more than $25,000 or imprisoned not more than five years, or both,
or, if such funds, assets, or property are of a value of less than
$100, shall be fined not more than $1,000 or imprisoned for not
more than one year, or both.
(h) No provision of this Act or of the Child Nutrition Act of 1966
shall require any school receiving funds under this Act and the
Child Nutrition Act of 1966 to account separately for the cost in-
curred in the school lunch and school breakfast programs.
(i) Facilities, equipment, and personnel provided to a school food
authority for a program authorized under this Act or the Child Nu-
trition Act of 1966 may be used, as determined by a local edu-
cational agency, to support a nonprofit nutrition program for the el-
derly, including a program funded under the Older Americans Act
of 1965.
(j)(1) Except as provided in paragraph (2), the Secretary may pro-
vide reimbursements for final claims for service of meals, supple-
ments, and milk submitted to State agencies by eligible schools,
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158
summer camps, family day care homes, institutions, and service in-
stitutions only if—
(A) the claims have been submitted to the State agencies not
later than 60 days after the last day of the month for which
the reimbursement is claimed; and
(B) the final program operations report for the month is sub-
mitted to the Secretary not later than 90 days after the last
day of the month.
(2) The Secretary may waive the requirements of paragraph (1)
at the discretion of the Secretary.
(k) EMERGENCY WAIVERS OR MODIFICATIONS.—
(1) IN GENERAL.—Except as provided in paragraph (4), dur-
ing an emergency period, the Secretary may waive (including by
modifying) any requirement under this Act or the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.), or any regulation
issued under either such Act, for States or eligible service pro-
viders on a multi-State, State, or eligible service provider basis
if—
(A) the requirement cannot reasonably be implemented
under the conditions which prompted the emergency period
in the affected area;
(B) a State or eligible service provider requests a waiver
in a format prescribed by the Secretary;
(C) in the case of a request by an eligible service provider
under subparagraph (B), the State in which such eligible
service provider is located includes a statement of support
or opposition with respect to the request; and
(D) the Secretary determines that the waiver would—
(i) facilitate the ability of such States or eligible serv-
ice providers to carry out the purpose of such Acts; and
(ii) not decrease access to, or eligibility for, any pro-
gram under such Acts.
(2) NATIONWIDE, REGIONAL, AND STATE-WIDE BASIS.—Except
as provided in paragraph (3), during an emergency period, the
Secretary may waive (including by modifying) any requirement
under this Act or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), or any regulation issued under either such Act, on
a nationwide, regional, or State-wide basis if the Secretary de-
termines that the waiver would facilitate the ability of States or
eligible service providers to carry out the purpose of such Acts.
(3) DURATION.—A waiver established under this subsection
may be available for a period of not greater than the emergency
period and the 90 days after the end of the emergency period.
(4) LIMITATIONS.—A waiver under this subsection is subject to
the limitations in subsection (l)(4).
(5) DEFINITIONS.—In this subsection:
(A) ELIGIBLE SERVICE PROVIDER.—The term ‘‘eligible serv-
ice provider’’ has the meaning given the term in subsection
(l).
(B) EMERGENCY PERIOD.—The term ‘‘emergency period’’
means a period during which there exists—
(i) a major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170);
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159
(ii) an emergency declared by the President under
section 501 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5191);
(iii) a public health emergency declared by the Sec-
retary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d);
or
(iv) any renewal of such a public health emergency
pursuant to such section 319.
(l)(1)(A) øExcept as provided in paragraph (4), the Secretary may
waive any requirement under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued under ei-
ther such Act, for a State or eligible service provider that requests
a waiver¿ Except as provided in paragraph (4), the Secretary may
waive (including by modifying) any requirement under this Act or
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or any reg-
ulation issued under either such Act, on a nationwide, State, multi-
State, or eligible service provider basis if—
(i) a State or eligible service provider requests the waiver;
ø(i)¿ (ii) the Secretary determines that the waiver of the re-
quirement would facilitate the ability of the State or eligible
service provider to carry out the purpose of the program;
ø(ii)¿ (iii) the State or eligible service provider has provided
notice and information to the public regarding the proposed
waiver; and
ø(iii)¿ (iv) the State or eligible service provider demonstrates
to the satisfaction of the Secretary that the waiver will not in-
crease the overall cost of the program to the Federal Govern-
ment, and, if the waiver does increase the overall cost to the
Federal Government, the cost will be paid from non-Federal
funds.
(B) The notice and information referred to in subparagraph
(A)(ii) shall be provided in the same manner in which the State or
eligible service provider customarily provides similar notices and
information to the public.
(2)(A) To request a waiver under paragraph (1), a State or eligi-
ble service provider (through the appropriate administering State
agency) shall submit an application to the Secretary that—
(i) identifies the statutory or regulatory requirements that
are requested to be waived;
(ii) in the case of a State requesting a waiver, describes ac-
tions, if any, that the State has undertaken to remove State
statutory or regulatory barriers;
(iii) describes the goal of the waiver to improve services
under the program and the expected outcomes if the waiver is
granted; and
(iv) includes a description of the impediments to the efficient
operation and administration of the program.
ø(B) An application described in subparagraph (A) shall be devel-
oped by the State or eligible service provider and shall be sub-
mitted to the Secretary by the State.¿
(B) An application described in subparagraph (A) shall—
(i) be submitted in a format prescribed by the Secretary;
(ii) be completed by the State or eligible service provider;
(iii) be submitted to the Secretary by—
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160
(I) the State; or
(II) an eligible service provider through the State; and
(iv) if submitted as described in clause (iii)(II), include a
statement of support or opposition from the State.
(3) The Secretary shall act promptly on a waiver request con-
tained in an application submitted under paragraph (2) and shall
either grant or deny the request. The Secretary shall state in writ-
ing the reasons for granting or denying the request.
(4) The Secretary may not grant a waiver under this subsection
that increases Federal costs or that relates to—
(A) the nutritional øcontent of meals served¿ standards;
(B) Federal reimbursement rates;
(C) the provision of free and reduced price meals;
(D) limits on the price charged for a reduced price meal;
(E) maintenance of effort;
(F) equitable participation of children in private schools;
(G) distribution of funds to State and local school food serv-
ice authorities and service institutions participating in a pro-
gram under this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.);
(H) the disclosure of information relating to students receiv-
ing free or reduced price meals and other recipients of benefits;
(I) prohibiting the operation of a profit producing program;
(J) the sale of competitive foods;
(K) the commodity distribution program under section 14;
(L) the special supplemental nutrition program authorized
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786); or
(M) enforcement of any constitutional or statutory right of an
individual, including any right under—
(i) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.);
(ii) section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794);
(iii) title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.);
(iv) the Age Discrimination Act of 1975 (42 U.S.C. 6101
et seq.);
(v) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
(vi) the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(5) The Secretary shall periodically review the performance of
any State or eligible service provider for which the Secretary has
granted a waiver under this subsection and shall terminate the
waiver if the performance of the State or service provider has been
inadequate to justify a continuation of the waiver. The Secretary
shall terminate the waiver if, after periodic review, the Secretary
determines that the waiver has resulted in an increase in the over-
all cost of the program to the Federal Government and the increase
has not been paid for in accordance with paragraph (1)(A)(iii).
(6) The Secretary shall annually submit to the Committee on
Education and Labor of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Senate, a re-
port—
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161
(A) summarizing the use of waivers by the State and eligible
service providers;
(B) describing whether the waivers resulted in improved
services to children;
(C) describing the impact of the waivers on providing nutri-
tional meals to participants; and
(D) describing how the waivers reduced the quantity of pa-
perwork necessary to administer the program.
(7) As used in this subsection, the term ‘‘eligible service provider’’
means—
ø(A) a local school food service authority;
ø(B) a service institution or private nonprofit organization
described in section 13; or
ø(C) a family or group day care home sponsoring organiza-
tion described in section 17.¿
(A) a local school food service authority, local educational
agency, or school;
(B) a service institution or private nonprofit organization de-
scribed in section 13; or
(C) institutions described in section 17.
(m) PROCUREMENT TRAINING.—
(1) IN GENERAL.—Subject to the availability of funds made
available under paragraph (4), the Secretary shall provide
technical assistance and training to States, State agencies,
schools, and school food authorities in the procurement of
goods and services for programs under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than sec-
tion 17 of that Act (42 U.S.C. 1786)).
(2) BUY AMERICAN TRAINING.—Activities carried out under
paragraph (1) shall include technical assistance and training to
ensure compliance with subsection (n).
(3) PROCURING SAFE FOODS.—Activities carried out under
paragraph (1) shall include technical assistance and training
on procuring safe foods, including the use of model specifica-
tions for procuring safe foods.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this subsection $1,000,000 for
each of øfiscal years 2010 through 2015¿ fiscal years 2023
through 2028, to remain available until expended.
(n) BUY AMERICAN.—
(1) DEFINITION OF DOMESTIC COMMODITY OR PRODUCT.—In
this subsection, the term ‘‘domestic commodity or product’’
means—
(A) an agricultural commodity that is produced in the
United States; and
(B) a food product that is processed in the United States
substantially using agricultural commodities that are pro-
duced in the United States.
(2) REQUIREMENT.—
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary shall require that a school food authority purchase,
to the maximum extent practicable, domestic commodities
or products.
(B) LIMITATIONS.—Subparagraph (A) shall apply
only to—
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