[House Report 117-548]
[From the U.S. Government Publishing Office]
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 7, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
HEALTHY MEALS, HEALTHY KIDS ACT
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
-----------------------------------------------------------------------------------
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:
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.
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 providers 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 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);
``(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 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, 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 support or opposition from the State.'';
(C) in paragraph (4)(A), by striking ``content of
meals served'' and inserting ``standards''; and
(D) in paragraph (7), by striking subparagraphs (A)
through (C) and inserting 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 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.);
``(ii) a homeless child or youth (defined as
1 of the individuals described in section
725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2));
``(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
``(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 appropriate 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)).'';
(B) in paragraph (6)(A), by striking ``or (5)'' both
places it appears and inserting ``(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 supplementary 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
Secretary;
``(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
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).''; and
(II) by adding at the end the
following:
``(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 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 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; 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 determinations for the Medicaid program.
``(C) Procedures.--Subject to paragraph (6), an
agreement 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), without 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)).'';
(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
technical 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 certified 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, 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
direct 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 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 certification in
the State or Indian Tribe, as applicable,
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 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
subsequent October 1, out of any funds in the
Treasury not 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).''; 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 follows:
``(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 follows:
``(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 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 beginning 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
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.''.
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.
``(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 increase 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 percent of the assistance provided under this
subsection shall be in the form of donated 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 period''; 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 enactment of this Act, the Secretary shall issue a request for
information and data collection from State agencies and school food
authorities regarding 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.), 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 contracts in order to avoid,
undermine, or violate any collective bargaining or a
requirement 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 regarding 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
Personnel.--The Richard B. Russell National School Lunch Act is amended
by inserting 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 competitive basis, to school food authorities to
promote scratch cooking.
``(b) Application.--To be eligible for a grant under this section, a
school food authority shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require.
``(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, procuring, 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 culinary 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 program
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 technical 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 technical 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 section 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 involving eligible entities, school
food service administrators, or school food
service directors;
``(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 geographic
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 subsection.
``(g) Report.--Not later than 180 days after the conclusion of the
grant period described 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
appropriated $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 subsection 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 agency 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, maintenance, 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 cooking,
facilitate the use of salad bars; or
``(B) improving or adapting equipment needed to serve
healthy meals, including 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 preparing
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 paragraph, 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.
``(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 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 established under this paragraph
shall not use an alternative online household
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 paragraph shall--
``(I) provide households with the
option to submit a paper application 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 household applications
selected by the State agency under subparagraph
(B)(iii) that were not directly verified by the
State agency under paragraph (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. Russell 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 determination 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.
``(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 operating days, or until a new
eligibility determination is made,
whichever comes first.''.
(c) Conforming Amendment.--Section 9(b)(3)(J) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(b)(3)(J)) is amended
by inserting ``or paragraph (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 carried 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 considered 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
attend such training; and
``(III) offered in-person and
incorporate hands-on training
techniques, 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 SUPPLEMENTAL 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:
``(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 assistance 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
recertification 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 nutrition 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 subsection
(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 participant
child receives the required
health and nutrition
assessments; 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 required
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
attends full-day
kindergarten.
``(bb) Requirements.--Each
State that certifies a
participant child under item
(aa) shall--
``(AA) ensure that
such participant child
receives required
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
kindergarten.''.
(C) Conforming amendment.--Section 1902(a)(53)(A) of
the Social Security 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 participating in the program
shall be certified for participation
without further application.
``(IV) Clarification relating to
age.--An infant may be certified for
participation in the program for a
period of 2 years, regardless of
whether such infant will become a child
during such period.''.
(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 termination of pregnancy; and
``(B) on and after October 1, 2026, an individual up
to 2 years after termination 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
termination of the
pregnancy of the
postpartum woman; and
``(II) on and after
October 1, 2026, a
State shall certify a
postpartum woman for a
period of 2 years after
the termination 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 following:
``(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 individual.''.
(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 following:
``(viii) Recertification.--Before requesting
new income documentation for purposes of
recertifying an individual under the program, a
State shall--
``(I) determine whether such
individual is eligible for
recertification 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 following:
``(ix) Nutrition risk.--
``(I) In general.--The Secretary may
require nutrition risk evaluations
within a single certification period
for the purposes of identifying
specific risk factors.
``(II) Information provided by a
health care provider.--Information
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
application, a State agency shall
consider such a pregnant woman,
breastfeeding woman, postpartum woman,
infant, or child to be 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 temporarily
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 individual 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 subclause (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 demonstrate
eligibility for the program--
``(aa) the individual shall
be determined ineligible to
participate 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 certification until an
evaluation is made concerning nutritional risk.
A nutritional 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
evaluations.--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 evaluations.--
``(i) In general.--Each individual seeking
certification, recertification, 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 determine eligibility under
the program, provided that such format
permits 2-way, real-time interactive
communications; and
``(II) that occurs in a format,
setting, or platform that is accessible
to the individual in accordance with
the Americans with Disabilities 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 individual meets the
certification presence requirement through
technology permitting 2-way, real-time
interactive communications or other methods
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 subparagraph (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--
(1) in the second sentence--
(A) by striking ``vouchers by mail in its plan'' and
inserting ``food instruments 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
participant through means that do not require
the participant to travel to the local agency
to obtain food instruments, such as through
mailing or remote issuance.''.
(c) Annual Investment in WIC Technologies.--Section 17(h) of the
Child Nutrition 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 following:
``(ii)(I) $90,000,000 shall be used to--
``(aa) establish, develop, improve,
replace, or administer technology
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 nutrition 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 administrative 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 Department
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 supplemental 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 subparagraph (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
program 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.).
``(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 increasing 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 regulations).''.
(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 include 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 program participants;
(B) the impact of remote technologies, including
video, telephone, and online platforms, on
certifications, recertifications, appointments, and
participant 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
electronic form or provided electronically
unless the State agency determines there is a
sufficient reason to doubt the authenticity of
such electronically 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
Secretary 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 program 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
section 401 of the Robert T.
Stafford Disaster Relief and
Emergency 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
pursuant 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 information.--
``(I) In general.--Not later than 180
days after the date of enactment of
this clause, the Secretary shall make
available to the public on a website of
the Department of Agriculture the
information 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 administering the bid
solicitation;
``(bb) the website hyperlink
and other information needed
for the purpose of submitting a
bid in response to the bid
solicitation;
``(cc) the contact
information and website
hyperlink for the State agency
administering the bid
solicitation, for the purpose
of gathering additional
information relating to the bid
solicitation; 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 receiving a
description of a bid solicitation under
subclause (II), the Secretary 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 following:
``(25) Breastfeeding peer counselor.--The term `breastfeeding
peer counselor' 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 programs,
which shall be administered as
determined by the Secretary;
``(II) provide performance bonus
payments under paragraph (4)(C); and
``(III) establish State and local
partnerships to provide such education
at locations--
``(aa) outside of the clinic,
such as hospitals or
physicians' offices; or
``(bb) in partnership with
eligible entities that deliver
services 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 ``subparagraph (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 exemption from the vendor
requirements of subparagraph (B)(iii), a State
agency shall demonstrate to the satisfaction of
the Secretary that the 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
Representatives that--
(A) details the steps taken to establish and
implement online payment models through authorized
vendors participating in 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);
(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, including mobile payments, through
such authorized vendors;
(D) provides an explanation for each exemption
provided to a State agency 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 collaboration with such vendors,
including the use of shopper helpers or vendor 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
supplemental 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
participants, including by establishing and
administering vendor liaison programs to
support participants and vendor staff at retail
grocery locations.''.
(c) Equitable Access for WIC Shoppers.--Section 17(h)(12) of the
Child Nutrition 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 online 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 cashier;
``(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 electronic
benefit transfer transaction has been
processed;
``(ii) ensure that no interchange or related
transaction fees are collected 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 amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) in subclause (I), by striking ``1 percent
(except as provided in subparagraph (C))'' and
inserting ``10 percent''; and
(ii) in subclause (II), by striking ``1
percent'' and inserting ``10 percent''; 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'' before
``under this section''; and
(ii) in subclause (II)--
(I) by striking ``for nutrition
services and administration'' and
inserting ``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 inserting
``purposes related to food delivery,
including breastfeeding services 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 administration. 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 programs'' 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 program; 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 consumption.'';
(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 assistance
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 matching 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)'';
(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 inserting ``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, mobile 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 inserting ``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
``resources'';
(3) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``drug abuse'' each place it
appears and inserting ``substance use
disorder''; and
(ii) by striking ``effects of drug and
alcohol use by'' and inserting ``effects of a
substance use disorder of''; and
(B) in paragraph (5), by striking ``substance abuse''
and inserting ``substance 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 individuals 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 receive accurate nutrition
education from trained staff in an effective and unbiased
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 disorder during pregnancy and in the
postpartum period; and
``(B) nutrition education materials for infants
impacted by prenatal substance exposure and neonatal
abstinence syndrome.
``(4) Nutrition education clearinghouse.--The Secretary shall
make available to all State agencies through an online
clearinghouse any nutrition education and training materials
related to nutrition for individuals impacted by a substance
use disorder or neonatal abstinence syndrome that have been
produced by the Secretary or the Secretary of Health and Human
Services (or produced 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 appropriated 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 inserting ``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 eligibility of such institution
shall be determined on an annual basis in accordance
with this section.''.
SEC. 402. AUTOMATIC ELIGIBILITY FOR CHILDREN IN SUPPLEMENTAL NUTRITION
ASSISTANCE 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 assistance households.--A child shall be considered
automatically eligible for benefits under this section without
further application or eligibility determination if the child
is a member of a household receiving assistance under the
supplemental nutrition assistance program established under the
Food and Nutrition 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 enactment of this
subparagraph, the Secretary shall review and
issue guidance 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 serious deficiency;
and
``(bb) how to differentiate
between--
``(AA) a reasonable
margin of human error
and systematic or
intentional
noncompliance; and
``(BB) State-specific
requirements and
Federal regulations;
``(II) appealing and mediating a
finding of serious deficiency with
respect to an institution or a family
or group day care home, including--
``(aa) findings related to
requirements and Federal
regulations; and
``(bb) processes for ensuring
officials involved in appeals
and mediation are fair and
impartial;
``(III) determining the circumstances
under which a corrective action 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
addition 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
requirements; and
``(cc) oversight through the
management evaluation process.
``(iii) Guidance and regulations.--
``(I) In general.--Not later than 1
year after conducting the review under
clause (ii), the Secretary shall make
findings from the information collected
and issue guidance and, as appropriate,
regulations 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 effective
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, including--
``(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 independent 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
corrective action plan;
and
``(CC) provides for
the evaluation and
resolution of disputes
over State agency
program requirements on
institutions or family
or group day care homes
that are in addition to
those required under
Federal law;
``(cc) timeframes for
acceptable corrective action
plans for group or family day
care homes that are consistent
with corrective action
timeframes for child care
centers; and
``(dd) a process to dismiss a
serious deficiency upon
correction 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 inserting 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 organizations 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)--
(A) by amending clause (ii)(IV) to read as follows:
``(IV) Adjustments.--The
reimbursement factors under this
subparagraph shall be adjusted on July
1, 1997, and each July 1 thereafter, to
reflect changes in the Consumer Price
Index for food 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 Consumer 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
Bureau 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 ``children'' 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 enactment of this subsection, the Secretary shall
establish an advisory committee (referred 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 paperwork resulting from regulations and
recordkeeping requirements, including paperwork
resulting from additional State requirements, for those
participating 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 proper
accountability and program integrity are maintained and
make such recommendations 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 entities 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.
``(4) Considerations.--In developing the recommendations
described in paragraph (2)(B), the Advisory Committee shall
consider--
``(A) information, recommendations, and reports from
the Paperwork Reduction Work Group established by the
Food and Nutrition Service pursuant 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 reduce 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 appropriate, regulations based on
the recommendations described in paragraph (2)(B) for
streamlined and consolidated paperwork and recordkeeping
requirements 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 programmatic 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 client-facing
technology, virtual visits, and technology used
for administrative 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 Forestry of the Senate and the Committee on
Education and Labor of the House of Representatives
containing the information described in subparagraph
(B).
``(B) Contents.--The report under subparagraph (A)
shall contain the following:
``(i) With respect to each instance in which
the Secretary did not implement 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.--
Section 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 inserting ``40 percent''.
(b) Public-Private Partnerships.--Section 13(a) of the Richard B.
Russell National 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 determined by the Secretary, a service
institution that is a public or private nonprofit
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 subparagraph (A)), in
addition to being eligible for reimbursement for meals
described 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
enrichment 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 amended--
(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
service 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
transportation 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
established 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 appropriated to the Secretary to make
competitive grants under this paragraph, $10,000,000
for each fiscal year.''; and
(3) by redesignating paragraphs (11) and (12) as paragraphs
(10) and (11), respectively.
(d) Culturally and Linguistically Appropriate Outreach Regarding
Summer 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 subsection (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 National 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''.
(i) Summer Nutrition Standards.--Section 13(f) of the Richard B.
Russell National 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 regulations to update the nutrition standards for
the summer food service program authorized 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 benefits transfer during the summer months
for eligible children, to ensure continued 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 participated in a demonstration
program under section 749(g) of the
Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111-80;
123 Stat. 2132) during calendar year 2018 using
a WIC model, summer EBT benefits 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 subsection (a) by a State
not described in clause (i) may only be used by
the eligible household that receives such
summer EBT benefits to purchase 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)).
``(B) Benefits issued by covered indian tribal
organizations.--Summer 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
``(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
certified, 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 further 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 organizations 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 special 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 summer, 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 subsection (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 application 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 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 subparagraph; 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 locally 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 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) 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 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 agreement or memorandum
of understanding;
``(vi) by a farm participating in a worker
justice certification program; or
``(vii) by a farm participating in an
independent animal welfare certification
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 Consolidated 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.
``(D) Veteran farmer or rancher.--The term `veteran
farmer or rancher' has the meaning given such term in
section 2501(a) of the Food, Agriculture, 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 subparagraph (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 satisfactory
quality to meet the needs of meals
provided 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);
and
``(II) would be significantly higher
in price if purchased domestically; and
``(iii) whether the school food authority
experienced suspected, alleged, 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
requirements 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 authority that participates in the
evaluation under subparagraph (A) to disclose, 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 satisfactory
quality to meet the needs of meals
provided 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);
and
``(II) would be significantly higher
in price if purchased domestically; and
``(iii) whether the school food authority
experienced suspected, alleged, 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
products in schools, including with respect to--
``(A) the availability of domestic commodities or
food products;
``(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 domestic
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 Secretary 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 application
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 community-based
organizations, agricultural producers,
and other community 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 appropriate.
``(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, procuring,
marketing, and creating menus) 100 percent plant-based
food options.
``(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 education 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 duration of the
pilot grant program thereafter, a school food authority
shall submit to the Secretary a report on the pilot
grant program, including information 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 pursuant to the grant;
``(iii) the number of students served by the
school food authority pursuant 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 subparagraph
(B), the Secretary shall submit to Congress a report
that includes a summary of such reports received and
such information with respect 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 resources 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 appropriated 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 component that--
``(i) includes a meat alternate as described
in--
``(I) section 210.10 of title 7, Code
of Federal Regulations (or successor
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 Consolidated 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 reduced 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 rancher' has the meaning given such term in
section 2501(a) of the Food, Agriculture, 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 communities.
``(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 measurement 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
authorities, 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, education, and reduction project
with the goal of long-term project sustainability.
``(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 following:
``(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 receiving 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 subparagraph (B), the
Secretary shall submit to Congress a report that
includes a summary of the reports received under
subparagraph (B) and such information with respect to
the program as the Secretary determines to be relevant.
``(7) Authorization of appropriations.--There is authorized
to be appropriated 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 Consolidated 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--
``(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 rancher' has the meaning given such term in
section 2501(a) of the Food, Agriculture, 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 ``institutions'';
(B) by inserting ``land-grant colleges and
universities,'' before ``and nonprofit''; 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 ``training'';
(ii) by redesignating clauses (vi) and (vii)
as clauses (viii) and (ix), respectively; and
(iii) by inserting after clause (v) the
following:
``(vi) implementing educational activities
relating to agriculture, nutrition, 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 recipient 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 maximum 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
agencies, 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 planning;''.
(K) by redesignating subparagraph (G) as clause (ix);
(L) by inserting after clause (vi) (as so
redesignated) the following:
``(vii) expand the selection of local
commodities for eligible institutions;
``(viii) identify and address chronic diet-
related health issues of children 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, Nutrition, 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 examine--
``(I) the direct and indirect
regulatory compliance costs affecting
the production and marketing of locally
or regionally produced agricultural
food products to child nutrition
programs;
``(II) barriers to local and regional
child nutrition program market 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
programs.'';
(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 subparagraph (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''.
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 administer 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 subsection, 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 selected 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 established 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 established 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 section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1733), shall
be reimbursed 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
``(iii) early care and education facilities,
including facilities that participate 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 Assistance Act (25
U.S.C. 5304).
``(E) School.--The term `school' has the meaning
given such term in section 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 Secretary shall consider--
``(A) any new or additional administrative processes
and technology needed 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 Secretary 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.''.
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 previously 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 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 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 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 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 covered 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 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 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 PROGRAMS.
(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 subsection (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 members 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 program in an urban area who are
employed in different States;
(C) 2 members shall be school food service directors
of a school meal program 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 reduced 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 reimbursement 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 appropriated 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 Chairperson of the Council, an individual must be a
member of the Council described in subsection (c)(1).
(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 Council 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 agency 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 following:
``(A) Schools participating in meal programs.--
Schools that are participating'';
(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 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) 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 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 Academies 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 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).
``(C) Authorization of appropriations.--There are
authorized 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 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 (including peer-to-peer
trainings), and other resources;
``(iv) implement healthier school environment
recognition programs; and
``(v) work with food manufacturers and
retailers to support development 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, including 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 efforts and to
facilitate collaboration 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 experience working
with school food service personnel
participating 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 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 expended.''; 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 standards'';
and
(bb) by striking ``; and''
and inserting a period;
(II) by striking ``Secretary shall--
'' and inserting ``Secretary shall'';
(III) by striking ``(i) establish
science-based'' and inserting
``establish 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 following:
``(4) Updating standards.--Not later than 1 year after 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) 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 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:
``(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 requirements
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 appropriated 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 subsection 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 National 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 HARMFUL 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 Academy of Sciences, Engineering, and
Medicine (referred to in this section as the ``National 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 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) with respect to non-nutritive
sweeteners, synthetics dyes, and other potentially harmful substances
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 subsection (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 regulations 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 accommodate
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''; and
(B) in subparagraph (B), by striking ``lower-fat
versions of foods commonly 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 Disabilities Act (42 U.S.C.
12101 et seq.) and section 504 of the
Rehabilitation 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 appropriate 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 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 equivalent to fluid
milk and meets nutritional standards
established by the Secretary.
``(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 establish and carry out
a pilot grant program to award grants
to eligible 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
demonstrate 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
dietary 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 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 thereafter, 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
subclause and any such
information with respect to the
pilot program the Secretary
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 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 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 remain available until the date
described in subclause (V).''.
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 established by the
Secretary shall ensure--
``(I) the maintenance of reasonable
and appropriate administrative,
technical, and physical safeguards to
ensure the integrity and
confidentiality of information
submitted through electronic
applications 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 education, 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 administrators,'';
(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 authorities'';
(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
Disease 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, 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 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 appropriated under subsection (c), publish on the
publicly available website of the Department a report that
includes the findings of the study required under paragraph
(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 student 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 participating 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 cooking,'' 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
programs 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)--
(A) by striking ``local educational agency'' and
inserting ``school food authority'';
(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: ``general.--
``(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 handling,
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 property used for the caring of pets.
``(15) Qualified direct donor.--The term `qualified direct
donor' means a retail 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
reordered;
(2) in subsection (c)--
(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 ``ultimate
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 grocery
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 distribution 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, packaging, or condition
of apparently wholesome food or an apparently fit grocery
product that the qualified direct donor donates in good faith
to needy individuals.
``(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 inserting ``safety and safety-
related labeling''.
SEC. 1023. REGULATIONS.
Not later than 180 days after the date of the enactment of this
section, the Secretary shall--
(1) in consultation with the Secretary of Health Human
Services, issue regulations with respect to the safety and
safety-related labeling standards of apparently 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 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
reauthorization 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 Program (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 ending child hunger.
---------------------------------------------------------------------------
\1\The Richard B. Russell National School Lunch Act, Pub. L. No.
79-396, 60 Stat. (1946) (codified 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 sections of 7 U.S.C.).
---------------------------------------------------------------------------
H.R. 8450 builds upon the successes of prior child
nutrition reauthorizations to meet current nutrition needs and
respond to new needs as we emerge from the COVID-19 pandemic.
H.R. 8450 expands 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 programs to improve kitchen infrastructure,
invest in Farm to School, and support scratch cooking.
---------------------------------------------------------------------------
\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/default/files/2020-12/
Dietary_Guidelines_for_Americans_2020-2025.pdf.
---------------------------------------------------------------------------
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
Policies and Priorities of the U.S. Department of Agriculture's
Food and Nutrition Service'' (May 12 Hearing). The purpose of
this hearing 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
Reauthorization.'' The purpose of this hearing was to explore
ideas for congressional action to end child hunger, 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,
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,
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 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 hearing was to discuss President Biden's FY 2023
Budget proposal for child nutrition programs under FNS as well
as the Biden Administration's priorities for federal child
nutrition programs. The Subcommittee 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 management 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 period;
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);
allows SFSP to operate at school
sites during unanticipated closures;
clarifies the application for
the Summer Electronic Benefits Transfer (Summer
EBT) Program;
directs the Secretary to provide
Summer EBT Program implementation grants to
states and Indian Tribal organizations in FY
2023;
requires school food
authorities, in the context of administrative
reviews and surveys, to note if they have
experienced suspected, alleged, or confirmed
noncompliance with Buy American requirements on
the part of a distributor in the last 12
months;
changes the timeframe in which
the Secretary submits 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 administrative
funds for SFSP;
updates the definitions of
Indian Tribe and Tribal Operator;
updates the definition of a
covered child under the unpaid meal debt
provision;
updates the requirements for the
Island Areas Eligibility Feasibility Study;
clarifies the process and timing
for updating the nutrition 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 online application to
determine eligibility for free or reduced price
meals;
makes technical corrections to
the commodity assistance 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 nutritional
quality of meals served in schools, including
funding for a statewide nutrition education
coordinator;
clarifies that non-dairy
alternatives (when not provided for a medical
reason or dietary reason) must be nutritionally
equivalent to fluid milk and meet nutritional
standards established by the Secretary;
clarifies the application of the
food donation provisions to instances where
donations are given to animal shelters; and
makes minor and technical
changes throughout.
Representative Lisa McClain (R-MI-10)
offered an amendment 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 amendment 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 determine 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 defeated 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 nutrition programs. The amendment was
defeated by a vote of 20 Yeas and 25 Nays.
Representative Mary Miller (R-IL-15) offered
an amendment 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.
Committee Views
Since the 1930s, the federal government has invested in
programs 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 create 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).
---------------------------------------------------------------------------
\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) (codified 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 sections of 7 U.S.C.).
---------------------------------------------------------------------------
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 operate 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 opportunity for
Congress to assess what is working from the prior
reauthorization--which expired nearly seven years ago--and
build upon lessons learned to address the current reality of
child nutrition programs.
---------------------------------------------------------------------------
\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.).
---------------------------------------------------------------------------
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
expanding access to federal child nutrition programs. H.R. 8450
implements the lessons from the pandemic as well as the
changing landscape 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 comprehensive and long overdue
six-year child nutrition reauthorization 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 reimbursement 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 poverty 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 making 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) eligibility via household applications or direct
certification, or the community 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-income 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\
---------------------------------------------------------------------------
\8\National Level Annual Summary Tables: FY 1969-2021, U.S. Dep't
of Agric. Food & Nutrition 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.
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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 certified for free school meals by virtue
of their household participation 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 directly certified is called the
identified student percentage (ISP). States may also opt-in to
use Medicaid data through a USDA demonstration project to
evaluate the use of Medicaid eligibility data to directly
certify children for free or reduced price school meals.
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\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.
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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 indicated reluctance to complete meal
applications due to their immigration status.\14\ CEP also
reduces barriers for families since it eliminates the need for
families to spend time filling out paperwork. 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\
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\13\Amelie A. Hecht et.al., Impact of The Community Eligibility
Provision of the Healthy, Hunger-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://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.
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When utilizing CEP, schools are reimbursed based on an
estimate 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 determine school
reimbursement rates from 1.6 to 2.5, thereby increasing the
reimbursement level for schools and incentivizing more schools
to participate. An increase in the multiplier encourages CEP
participation in school districts with high costs for producing
meals, such as rural districts that often have smaller
economies of scale and limited food purchasing and
transportation options.\17\
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\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\Zoe Neuberger, American Families Plan Could Substantially
Reduce Children's Food Hardship, Ctr. on Budget & Pol'y Priorities (May
2020), https://www.cbpp.org/sites/default/files/5-21-21pov.pdf.
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Additionally, H.R. 8450 lowers the participation threshold
for schools from 40 percent to 25 percent of identified
students and allows 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 ensures that low-income students
can easily receive free meals regardless of whether they
transfer schools or poverty is not concentrated in their
area.\19\
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\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\Zoe 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.
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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 programs. Direct certification is therefore
beneficial for both schools and families as it does not require
any individual household paperwork. Instead, states and school
districts use data-matching between school enrollment
information and state agency program enrollment at least three
times per year.\20\ USDA introduced the policy 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 required states to directly certify at least 95 percent
of children residing 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 certified 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\
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\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/publications/
43317/15905_efan03009fm_1_.pdf?v=0.
\22\Madeline Levin and Zoe Neuberger, Improving Direct
Certification Will Help More Low-Income 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.
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H.R. 8450 builds on the success of direct certification by
discontinuing 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 percent 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 certified 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
directly 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 account and, in fact, 75 percent
of school districts surveyed by the School Nutrition
Association in 2019 reported that they had outstanding 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\
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\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 National 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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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 attempt to directly certify students
with unpaid meal debt. The legislation 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 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 certain 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 regulatory 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 disaster. This
authority is temporary and limited to respond to extenuating
circumstances and prevent meal disruption.
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\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.
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INVESTING IN SCHOOL MEAL CAPACITY
Ongoing supply chain disruptions that began in 2020 persist
as a result of pandemic related interruptions in production and
regional 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 pressure on schools as
they try to keep pace with rising costs. Such investments are
crucial to ensuring school food service directors have the
means to serve meals that meet or exceed the nutrition
standards consistent with the DGAs.\32\ Additionally, H.R. 8450
provides grants for the purchase of kitchen equipment and
software to support the establishment, maintenance, and
expansion of child nutrition programs in schools. Separately,
school food authorities can receive subgrants from state
agencies to purchase or improve equipment needed to serve
healthy meals. These new grant programs will help schools
improve food safety and promote scratch cooking to better serve
nutritious meals.
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\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 Resilient (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 Challenges, (2022), https://
schoolnutrition.org/resource/2022-supply-chain-report-staying-afloat-
in-a-perfect-storm/.
\32\Id.
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Investing in Local Communities and Sustainability
H.R. 8450 ensures schools have the financial means and
technical assistance to not only serve kids nutritious, fresh,
and appealing meals, but support local producers and
communities. SFAs nationwide 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 required to purchase
domestic agriculture commodities and food products to the
``maximum extent practicable.''\35\ There are two exceptions to
the Buy American rule: (1) when a product is not produced or
manufactured in the U.S. in sufficiently available quantities,
and (2) when costs are significantly higher to buy a domestic
product.\36\ While purchasing domestically benefits local
communities 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 between domestically-
produced and foreign goods are prohibitive. Additionally, the
bill allows SFAs to report suspected, alleged, or confirmed
noncompliance on the part of food distributors. Together, these
provisions clarify existing standards for Buy American
compliance, collect compliance information in a way that is
usable and meaningful for both states and USDA, and enable
adequate oversight of the law.
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\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. Sec. 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-enforcement-buy-american.
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H.R. 8450 expands the list of criteria institutions are
encouraged to use to purchase food for their school meal
programs, such as unprocessed foods that were locally grown and
raised, foods produced sustainably or organically, or foods
produced by a small farm or underserved 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 agriculture,
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
increased economic resiliency.\39\ In recent years,
participation in the program has increased, with an estimated
two-thirds of SFAs participating 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 authorization level from
$5,000,000 to $15,000,000 per year, striking the match
requirement, and increasing the maximum grant to $500,000.\41\
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\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.
\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 Committee on
Appropriations on June 23, 2022, also increased the maximum grant award
to $500,000.
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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 practices.\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 sometimes attributed to
strong nutrition standards, a 2014 report revealed 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' ability to serve healthy and
appealing foods. The bill establishes a grant program for
school food authorities to promote scratch cooking through a
variety of activities, including offering professional
development, compensating employees for additional food
preparation, and providing technical assistance and student
education.
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\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 Standards 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).
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For schools committed to environmental sustainability and
limiting pollution, H.R. 8450 establishes a pilot grant program
to support plant-based foods in schools participating in NSLP.
Research has shown that transitioning to a lower carbon food
diet is essential to meeting global environmental targets as
the food and agriculture 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 environmental impacts. Additionally,
many schools are interested in exploring more plant-based
options since studies have shown that consuming plant-based
foods reduces the risk of diabetes and cardiovascular disease,
maintain a healthy weight, and protect against 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 assistance, student engagement and education, and
outreach.
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\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.
\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 Circulation, 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).
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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.
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\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).
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HHFKA required the Secretary to promulgate regulations to
update meal patterns and nutrition standards based upon
recommendations made by the Food and Nutrition Board of the
National Research Council of the National Academy of
Science.\52\ The updated standards resulted in an overall
improvement in the nutritional quality of meals.\53\ The
Healthy Eating Index (HEI) measures the diet quality of how
consistent meals are with the recommendations 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 breakfast 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 significant
improvement.\55\ Although HHFKA updated the standards for meals
and foods served in schools, there is no process outlined in
the statute for updating the nutrition standards based on the
most recent iteration of the DGAs. H.R. 8450 adds requirements
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 consistent with the most recent DGAs not less than once
every ten years or not later than one year after two
consecutive publications.
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\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 Improved the Nutrition Quality of School Lunches and
Breakfasts, 120 J. Acad. Nutr, Diet. 363, 363 (2020).
\54\Gearan, supra note 53.
\55\Gearan, supra note 53.
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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\
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\56\Letter from Joel Berg, CEO, Hunger Free America, to
Representative Robert Scott, Chairman, H. Comm. On Educ. & Labor, and
Senator Debbie Stabenow, Chair, of the S. Comm. On Ag. (Apr. 13, 2021)
(on file with committee staff).
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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 Hotline has remained at $250,000 annually for
more than ten years.\58\ H.R. 8450 responds to the increased
demand by doubling the authorization for appropriations from
$250,000 to $500,000 for each fiscal year through FY 2028.
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\57\Id. at 56.
\58\Id. at 56.
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Enhancing Nutrition Education
Nutrition education in schools can help students establish
healthy eating behaviors and empower them to make more
nutritious food and beverage choices. A school's role in
providing nutrition 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
development.\59\
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\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/nutrition/pdf/308155-
A_FS_SchoolNutritionEd-508.pdf.
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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 materials home to families can be
opportunities for learning throughout the day. H.R. 8450 aims
to enhance nutrition education by allowing Team Nutrition funds
to be used for hiring qualified nutrition 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 allocated 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\
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\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.
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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
optimal 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 Secretary 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.
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\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 Nutrition
and Dietetics 123, 127-128 (2016).
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Responding to the Health Needs of Students
An eating disorder is a serious and potentially fatal
mental illness that relates to severe persistent disturbances
in eating behaviors 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 eating, 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 socioeconomic
groups, with a higher risk of prevalence in 15-19-year-old
girls.\66\
---------------------------------------------------------------------------
\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/diseases-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).
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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 $3,000,000, which will support technical
assistance to promote nutrition and establish healthy school
nutrition environments and promote student mental health.
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\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 promote 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 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.
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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 disability that restricts the child's
diet. Obtaining a letter from a physician may be difficult for
some families; there can be financial and administrative
barriers that can make obtaining the needed paperwork from a
medical provider challenging, including limited transportation,
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 access 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 requirement
for a physician's note and reduces the parental burden by no
longer requiring an explanation of the need for a non-dairy
alternative. The bill also allows schools to provide a non-
dairy substitute, that is nutritionally equivalent to fluid
milk and meets nutrition standards, to any student as part of a
reimbursable meal without a note. Additionally, H.R. 8450
creates a pilot grant program 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 population of students with
lactose intolerance.
---------------------------------------------------------------------------
\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.
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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 migrant 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 consumption of vegetables and milk\74\ and
decreasing the financial barrier for child care centers to
provide healthy food options.\75\
---------------------------------------------------------------------------
\70\Nat'l CACFP Sponsors Ass'n, Program History: Celebrating 50
Years (last visited Aug. 17, 2022), https://www.cacfp.org/program-
history/.
\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 preschoolers, 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.
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CACFP centers are reimbursed based on the income of their
participants, 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 reimbursements 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 Reservations (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\
---------------------------------------------------------------------------
\76\See, e.g., Early Childhood Nutrition Improvement Act, H.R.
5919, 117th Cong. (2021).
---------------------------------------------------------------------------
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 assistance through CACFP. H.R. 8450 expands this
provision and allows 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 individuals,
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 participate in CACFP.
---------------------------------------------------------------------------
\77\Michael King and Katherine Geifer, Nearly a Third of Children
Who Receive SNAP Participate 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-
benefit.html; Billings, supra note 4.
---------------------------------------------------------------------------
CACFP currently provides funding for two meals and one
snack or one meal and two snacks daily. H.R. 8450 expands the
program 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 additional 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.
---------------------------------------------------------------------------
\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.
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Additionally, H.R. 8450 increases the age limit for
reimbursement for meals and supplements served in homeless and
emergency 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 experiencing 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\
---------------------------------------------------------------------------
\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 Experiencing Homelessness in the United
States, Substance Abuse & Mental Health Serv's Admin. (July 2011),
https://www.samhsa.gov/sites/default/files/programs_campaigns/
homelessness_programs_resources/hrc-factsheet-current-statistics-
prevalence-characteristics-homelessness.pdf.
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Modernizing CACFP and Improving Administrative Efficiency
H.R. 8450 updates the annual adjustment of the CACFP
reimbursement 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 reimbursement 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
deficiency process ``provides a systematic way to correct
serious management 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 guidance on the regulations regarding this process
for CACFP that will streamline and modernize the program.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 eligibility determination for other
child care centers. Currently, CACFP providers--particularly
smaller family homes--face administrative 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 annual
eligibility certification that aligns with other administrative
processes will reduce complications for both state agencies and
smaller providers.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
The bill also creates a new Advisory Committee on Paperwork
Reduction to examine the feasibility of reducing unnecessary or
duplicative 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
Department to examine the feasibility of reducing unnecessary
or duplicative 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 centers 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 appropriate, regulations, in response
to these new recommendations within two years.
---------------------------------------------------------------------------
\85\Id. at 84.
\86\Id. at 84.
---------------------------------------------------------------------------
ENSURING CHILDREN'S ACCESS TO NUTRITIOUS FOOD DURING THE SUMMER AND
AFTER SCHOOL
When schools close for the summer break, food insecurity
continues to be a challenge for families and children. Thirty-
two percent 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\ Recognizing the need for intervention, in
1968, Congress created the Special Food Service Program for
Children--a pilot program that provided 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
provided 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 students.\90\
---------------------------------------------------------------------------
\90\Orovecz, supra note 87.
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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 associated with economic and workforce
development for children and their communities.\92\ SFSP also
emphasizes the importance of enrichment 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Other innovative approaches to reducing summer food
insecurity have played a key role in ensuring children do not
go hungry during 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 develop 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,
Congress 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 families with an EBT card with $30 or $60 per child
monthly to pay for meals during the summer.\98\
---------------------------------------------------------------------------
\95\Supra note 91.
\96\Agriculture, Rural Development Food and Drug Administration,
and Related Agencies Appropriations Act, 2010, Pub. L. No. 111-80, tit.
VII, Sec. 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-electronic-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,Sec. 749, Pub. L. No. 111-80,
123 Stat. 2090 (2010).
---------------------------------------------------------------------------
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
reimbursement rates for both CACFP At-Risk and NSLP Afterschool
Snack are in line with the CACFP reimbursement rates under
existing statute. Additionally, both CACFP At-Risk and NSLP
Afterschool Snack require some sort of educational or
enrichment activity.\100\
---------------------------------------------------------------------------
\99\Billings, Supra note 4.
\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.
---------------------------------------------------------------------------
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 reduced price meals. This new threshold
will increase the geographical areas in which children are
served, expanding the number 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
participation 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Making the Summer Electronic Benefit Transfer Program for Children
Permanent and Nationwide
Summer EBT provides families with a debit card containing a
fixed dollar amount, historically either $30 or $60, to
purchase groceries during the summer.\102\ Summer EBT is
particularly important for food-insecure families in rural
areas or areas with limited access to summer meals.\103\
According to a 2016 report on the impact of the initial Summer
EBT demonstration project, providing a $30 or $60 per month per
child benefit reduced very low food insecurity by one-third and
food insecurity by one-fifth.\104\ Recognizing the positive
impact, H.R. 8450 will authorize a permanent and nationwide
Summer EBT Program, providing $75 per child per summer
month.\105\ A permanent and nationwide Summer EBT Program will
help to ensure that all children, regardless of their
geographic proximity to meal providers, have access to healthy
food when schools are closed.
---------------------------------------------------------------------------
\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.
\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 annual appropriations.
---------------------------------------------------------------------------
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 pregnant, 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 services. Individuals are considered
income eligible if they belong to a household that has an
income at or below 185 percent of the federal 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 demonstrating improved
growth and development in infants and children, increased
enrollment in prenatal care, higher intakes of vitamins,
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\
---------------------------------------------------------------------------
\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 Congresswoman Jennifer Gonzalez-Colon Lead Bipartisan
Effort to Increase WIC funding (Apr. 28, 2022), https://
gwenmoore.house.gov/news/documentsingle.aspx?DocumentID=5004.
---------------------------------------------------------------------------
Increasing Access to WIC by Expanding Eligibility
H.R. 8450 expands WIC eligibility by requiring that WIC
automatically 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 participates 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 administrative burdens on both applicants and local
WIC providers and serve as an effective tool for enrolling and
retaining more eligible 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.
---------------------------------------------------------------------------
\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 Testimony] (Statement of Paula
N. Garrett MS, RD, Division Director, Division of Community Nutrition,
Virginia Department of Health, https://edlabor.house.gov/imo/media/doc/
GarrettPaulaTestimony0728211.pdf).
---------------------------------------------------------------------------
H.R. 8450 extends certification periods to ensure
continuity of access to WIC services. Currently, certification
periods can restrict 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 certification
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 requires 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, including an electronic form, to be
used to establish the nutritional risk determination required
for certification or recertification.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Nutrition risk is an eligibility requirement that is unique
to the WIC program. In addition to meeting categorical, income,
and residency 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: medically-based risks,
such as anemia, underweight, maternal age, history 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 participants 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 recognizes and
encourages service delivery models that facilitate nutrition
risk assessment and coordinated care between WIC agencies and
health care providers.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
increase access for individuals who have traditionally faced
transportation, child care, and work-related challenges that
make in-person appointments difficult to attend. Income,
health, or other information collected by a health care
provider should be shared with a WIC agency to inform
determinations of program eligibility and nutrition 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 between 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 percentage 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.
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\115\42 U.S.C. Sec. 1786.
\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).
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Modernizing WIC to Increase Access
As online sales have increased significantly in recent
years, particularly 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 benefits, 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
infant 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 interchange 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 discretionary
appropriations to be made available each year from FY 2023 to
FY 2028 to ensure support for retailers, particularly small
businesses, in building out modernization efforts.
---------------------------------------------------------------------------
\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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H.R. 8450 includes provisions to ensure the program works
effectively 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) funding. 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' markets.\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 nutritious foods.\122\ H.R. 8450
modernizes FMNP by allowing benefits to be accepted by
Community Supported Agriculture programs and allowing 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.
---------------------------------------------------------------------------
\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.
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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 infections and diseases, encouraging digestive system
growth, decreasing 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 Program (BFPC) has been codified.
This successful program--which was officially launched in 2004
as part of FNS's national peer counseling initiative, Using
Loving Support to Implement Best Practices in Peer
Counseling\124\--links breastfeeding women with other
breastfeeding women within their community who can provide
support, advice, and tips throughout the breastfeeding
process.\125\ Pairing breastfeeding women with peer counselors
from their communities fosters shared understanding and
personalized supports that many health professionals are not
able to provide. Evidence suggests that participation in the
WIC BFPC is associated with several positive outcomes, such as
increased initiation of breastfeeding and longer breastfeeding
duration.\126\ The bill increases the authorization of
discretionary annual appropriations for breastfeeding peer
counselors from $90,000,000 to $180,000,000, including funding
for providing breastfeeding support in health care settings
outside 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.
---------------------------------------------------------------------------
\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-
counselors.pdf.
\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.
---------------------------------------------------------------------------
While breastfeeding has been shown to provide important
benefits, it is not always a viable option. When breastfeeding
is not possible, 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 bipartisan 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 formula 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.
---------------------------------------------------------------------------
\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. Sec. 1786).
---------------------------------------------------------------------------
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 responsibilities at work, school, or home.''\129\
SUD can have particularly damaging 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 experienced 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 labor and
delivery quadrupled.\132\ H.R. 8450 recognizes the importance
of assisting women and infants impacted by SUD. The bill
requires 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 materials for such individuals. To
implement these provisions, $1,000,000 is authorized to be
appropriated in FY 2024.
---------------------------------------------------------------------------
\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. Substance 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.
\132\ Chang, supra note 130.
---------------------------------------------------------------------------
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 include 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 potentially
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
SUPPORTING COMMUNITIES
Bolstering Tribal Sovereignty
Federal nutrition assistance programs are crucial to the
American Indian/Alaska Native (AI/AN) community as this
population is often susceptible to high poverty rates, food
insecurity, and an increased 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\
---------------------------------------------------------------------------
\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 American 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 American 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 Indian 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.
---------------------------------------------------------------------------
The majority of federal nutrition assistance programs are
operated 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 Program.
In a 2016 report on the feasibility of Tribal administration,
surveyed Tribal leaders and administrators from large Tribes
indicated that additional flexibility to administer other
programs not currently administered by Tribes would allow them
to offer more culturally appropriate programming and
services.\139\ Tribal members also believe that they have the
means to administer these programs more efficiently and
promptly in their communities.\140\
---------------------------------------------------------------------------
\139\Garasky, supra note 135.
\140\Garasky, supra note 135.
---------------------------------------------------------------------------
The Indian Self-Determination and Education Assistance Act
of 1975\141\ was enacted to allow greater Tribal control of
federal programs that impact their members, resources, and
governments. Tribal members have often reported numerous
instances of program administrators impeding the administration
of programs because they could not comprehend the differences
in finance, operations, 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 priorities 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\
---------------------------------------------------------------------------
\141\Pub. L. No. 93-638, as amended, 88 Stat. 2203, (1975)
(codified at 25 U.S.C. Sec. 450).
\142\Garasky, supra note 135.
\143\Examining the Policies and Priorities of the U.S. Department
of Agriculture's Food and Nutrition Service: Hearing Before the Comm.
On Educ. & the Workforce, 117th Cong. 30 (2022) (statement of Cindy
Long, Administrator, U.S. Department of Agriculture).
---------------------------------------------------------------------------
However, it is important to note that some Tribes,
particularly smaller Tribes, have voiced concerns about the
ability to independently operate nutrition programs due to a
lack of resources. In a 2016 FNS report on the feasibility of
Tribal administration, 44 percent 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 technological
infrastructure as obstacles.\144\ A USDA feasibility study
found concerns with the Tribal operation of child nutrition
programs, specifically concerning the resources and assistance
needed for Tribes to update internal systems for program
administration.\145\ There are also logistical realities that
would need to be considered 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.
---------------------------------------------------------------------------
\144\Garasky, supra note 135.
\145\Garasky, supra note 135.
---------------------------------------------------------------------------
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 Trust
Territories to the definition of a state. This addition
authorized 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 provisions.
---------------------------------------------------------------------------
\146\Thomas Lum, Cong. Rsch. Serv., The Freely Associated States
and Issues for Congress, R46573 (2020), https://
crsreports.congress.gov/product/pdf/R/R46573/2. The Marshall Islands,
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. Sec. Sec. 1751, 1773).
\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. Sec. 1305).
---------------------------------------------------------------------------
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 definition of a state in statute for
the purpose of participation in the child nutrition programs,
they would need to adopt new administrative 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 programs.
Supporting Food Donation
According to the Environmental Protection Agency, the
United States wastes over one-third of its food supply each
year, containing enough calories to feed more than 150 million
people.\149\ The Natural Resources Defense Council found in
2015 that 8 percent 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 provisions can be helpful in
diverting leftover food from going to landfills and help feed
more children and families.\151\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
The Bill Emerson Good Samaritan Food Donation Act of 1996
(the Emerson Act) provided the first federal protection for
individuals and organizations who wish to donate food in good
faith.\152\ The Emerson Act provides protection from civil and
criminal liability 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 apparently fit. With millions of
Americans facing food insecurity,\153\ the 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.
---------------------------------------------------------------------------
\152\42 U.S. Code Sec. 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. Sec. 1791 and 42
U.S.C. Sec. 1758(l) contain provisions 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 protections 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
preclude any ambiguity. See e.g., U.S. Dep't of Agric., Frequently
Asked Questions about the Bill Emerson Good Samaritan Food Donation Act
(last visited Aug. 18, 2022), https://www.usda.gov/sites/default/files/
documents/usda-good-samaritan-faqs.pdf.
---------------------------------------------------------------------------
The bill extends liability protections to donors when a
recipient pays a deeply reduced price (referred to as a ``good
Samaritan reduced price''). Currently, the Emerson Act only
protects food donations 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 Emerson Act to
direct donations to individuals. Further, H.R. 8450 requires
USDA to release updated regulations on the donations process,
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\
---------------------------------------------------------------------------
\154\H.R. 8450 includes several changes to bring more alignment
across the two sets of provisions. For example, the definition of
``nonprofit organization'' has been made consistent.
---------------------------------------------------------------------------
In addition to addressing food insecurity for children and
families, H.R. 8450 expressly extends liability protections to
pet supplies donated to animal shelters. These provisions build
upon other aspects of H.R. 8450, such as ensuring adequate meal
time, reducing 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
provided 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 nation'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
Secretary of Agriculture.
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
benefits
This section discontinues the pilot program allowing for
direct certification of children receiving Medicaid and
permanently extends 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 members of households with
incomes at or below 133 percent of the poverty line and who are
eligible to receive Medicaid by virtue of receiving Adoption
Assistance, Social Security Income, or Guardianship Assistance.
For reduced price meals, the bill allows direct certification
of children receiving Medicaid who are members of households
with incomes between 133 to 185 percent of the poverty line.
This section also provides improvement grants and technical
assistance 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
administrative costs
This section allows state administrative expense (SAE)
funds to be used for statewide technology solutions.
Section 203. Annual reimbursement rate and commodity improvements
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.
Section 204. Food service management
This section requires that the Secretary issue a request
for information: on the role of food service management
companies (FSMCs) in carrying out child nutrition programs,
including contract practices; trends in compensation and
benefits; participation of small, women, and minority owned
businesses as FSMCs; and any practices undermining collective
bargaining. This sections also requires the Secretary to issue
a rule regarding the role of food service management 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
kitchen 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 development and training for
preparing, procuring, and serving scratch cooked meals and by
providing student engagement activities. 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
personnel 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 Technology 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 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 agencies to adjust
certification periods for members of the same household in
order to establish alignment of household members'
certification periods. This section allows information provided
by a health care provider to be used to establish nutrition
risk for program eligibility. This section also provides a 90-
day period of interim nutritional risk eligibility for all
participants and allows 30-day temporary eligibility for all
participants based on a signed self-attestation 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 certification 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 discretionary appropriations
for investments in WIC technology, including the development of
secure communication systems to share data between WIC clinics
and other health care providers. This section 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 programs
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.
Section 307. Water benefits during disasters
This section allows a state or local agency to purchase and
distribute safe drinking water to WIC participants during an
emergency period for preparation of infant formula.
Section 308. Infant formula procurement online source of information
This section requires the Secretary to create an online
source of information pertaining to state agency infant formula
bid solicitations.
Section 309. Breastfeeding peer counselor program
This section permanently authorizes the breastfeeding peer
counselor program and increases the authorization of
discretionary annual appropriations for breastfeeding peer
counselors from $90,000,000 to $180,000,000 to be used for
establishing and administering 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 systems.
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 products 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 online 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 discretionary appropriations in FY 2023
through FY 2028 to support retailers, 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 percent, and it increases WIC State agency back
spending authority for NSA funds in a preceding fiscal year
from 1 percent to 10 percent. 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 toward activities related to
food delivery.
Section 314. Administrative simplification
This section streamlines the process for submitting state
plans. This section also eliminates the National Advisory
Council on Maternal, 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
Community Supported Agriculture programs. This section also
allows WIC FMNP benefits to be redeemed at a central point of
sale, making 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 minimum 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 Secretary 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 clearinghouse with nutrition education and
training materials for individuals impacted by a substance use
disorder. To carry out this section, $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
nutrition assistance households
This section allows a child to be automatically eligible
for benefits if the child is a member of household that
receives SNAP benefits.
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.
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
reimbursements 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
shelters 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
participation in SFSP at feeding sites through innovative
approaches including 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 standards 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 provision
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 program
This section authorizes a permanent nationwide Summer
Electronic Benefit Transfer (Summer EBT) program to provide
benefits at a rate of $75 per child per month during the
summer. This section requires the Secretary to issue
implementation grants to support 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 purchasing 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
compliance with current Buy American requirements in the
context of existing administrative review processes. This
section enables the Secretary to receive information on the
availability of domestically-produced products and where cost
differentials between domestically-produced and foreign-
produced goods are prohibitive. Additionally, the section
requires the Secretary to add certain questions to assessments,
including information on the use of foreign-produced goods.
Section 604. Plant-based foods in schools
This section establishes a pilot grant program to support
the provision 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 purchasing 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 authorized 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 maximum Farm to School grant award to $500,000
and removes the matching funds requirement.
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 Program, 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
Richard 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 authorized 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 eligible 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
recommendations 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 recommendations. 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 consecutive 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 nutritional quality of
school meals and support other healthy food initiatives in
schools. This section also requires the Secretary to annually
publish a list of schools that are in compliance with the
updated nutrition standards on the Department's website.
Section 902. Non-nutritive sweeteners, synthetic dyes, and other
potentially 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
recommendations on nutrition standards including the use of
non-nutritive 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 section 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
education, 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
accountability 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 organization to carry out a study on the time lunches
are served, recess is offered, and the duration of lunch
periods. This section also directs the Secretary to establish a
task force in coordination with the Secretary of Education to
review the study and other pertinent research 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 expended.
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
permits 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
Donation Act\155\ by expanding liability protections for food
that is apparently 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.
---------------------------------------------------------------------------
\155\Bill Emerson Good Samaritan Food Donation Act, Pub. L. No.
104-210, 110 Stat. 3011 (1996) (codified at 42 U.S.C. Sec. 1791).
---------------------------------------------------------------------------
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.
Unfunded Mandate Statement
Pursuant to Section 423 of the Congressional Budget and
Impoundment 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 reports 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 described 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:
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 Richard B. Russell National School Lunch Act of 1946
and the Child Nutrition Act of 1966 to better meet the needs of
children and families.
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, including any program that was included in a
report to Congress pursuant 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 develop 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 Consumer 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
Reauthorization,'' which was used to develop H.R. 8450. The
Subcommittee heard testimony on ideas for Congressional action
to end child hunger, 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, Alexandria, 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
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, 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 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 develop 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. Department 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 Committee'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
Representatives 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 submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget and Impoundment
Control Act of 1974. The Committee reports 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 omitted is enclosed in black brackets, new
matter is printed in italics, 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 Secretary may determine, from the sums appropriated for
such purpose, in a total amount equal to the product obtained
by multiplying--
(A) the number of lunches (consisting of a
combination of foods which meet the minimum nutritional
requirements prescribed by the Secretary under section
9(a) of this Act) served during such fiscal year in
schools in such State which participate in the school
lunch program under this Act under agreements with such
State educational agency; by
(B) the national average lunch payment prescribed in
paragraph (2) of this subsection.
(2) The national average lunch payment for each lunch served
shall be [10.5 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 section 9(f), not later
than 18 months after the date of
enactment of this paragraph, the
Secretary shall promulgate 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
Nutrition Act of 1966 (42 U.S.C. 1773)
based on recommendations 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 Secretary
shall establish in the interim
or final regulations a date by
which all school food
authorities participating 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) are required to
comply with the meal pattern
and nutrition standards
established in the interim or
final regulations.
(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 promulgated interim or final
regulations under clause (ii), the
Secretary shall submit to the Committee
on Education and Labor of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate a quarterly report on
progress made toward promulgation of
the regulations described in this
subparagraph.
(B) Performance-based reimbursement rate
increase.--Beginning on the later of the date
of promulgation of the implementing regulations
described in subparagraph (A)(ii), the date of
enactment of this paragraph, or October 1,
2012, the Secretary shall provide additional
reimbursement for each lunch served in school
food authorities 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 subparagraph (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 disburse funds made available
under this paragraph to school food
authorities eligible to receive
additional reimbursement.
(D) Eligible school food authority.--[To be
eligible]
(i) In general._To be eligible to
receive an additional 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 certified 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 enactment 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 implementing regulations
shall not receive the additional reimbursement
for each lunch served described in this
paragraph.
(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 assistance, certification,
statewide technology solutions, and
oversight activities of this paragraph.
(ii) Provision of funds.--The
Secretary shall provide funds described
in clause (i) to States administering a
school lunch program in a manner
proportional 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
fiscal 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 3\1/2\ per centum thereof which per
centum is hereby made available to the Secretary for
the Secretary's administrative expenses under this Act
and under the Child Nutrition Act of 1966;
(2) the amount apportioned by the Secretary pursuant
to section 4 of this Act and the amount appropriated
pursuant to sections 11 and 13 of this Act and sections
4 and 7 of the Child Nutrition Act of 1966; and
(3) not to exceed 1 per centum of the funds provided
for carrying out the programs under this Act and the
programs under the Child Nutrition Act of 1966, other
than section 3, which per centum is hereby made
available to the Secretary to supplement the
nutritional benefits of these programs through grants
to States and other means for nutritional training and
education for workers, cooperators, and participants in
these programs, for pilot projects and the cash-in-lieu
of commodities study required to be carried out under
section 18 of this Act, and for necessary surveys and
studies of requirements for food service programs in
furtherance of the purposes expressed in section 2 of
this Act and section 2 of the Child Nutrition Act of
1966,
shall be available to the Secretary during such year for direct
expenditure by the Secretary for agricultural commodities and
other foods to be distributed among the States and schools and
service institutions participating in the food service programs
under this Act and under the Child Nutrition Act of 1966 in
accordance with the needs as determined by the local school and
service institution authorities. Except as provided in the next
2 sentences, any school participating in food service programs
under this Act may refuse to accept delivery of not more than
20 percent of the total value of agricultural commodities and
other foods tendered to it in any school year; and if a school
so refuses, that school may receive, in lieu of the refused
commodities, other commodities to the extent that other
commodities are available to the State during that year. 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 disposition 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 producers unless such
specifications will result in significant advantages to the
food service programs authorized by this Act and the Child
Nutrition Act of 1966.
[(b) The Secretary shall deliver, to each State participating
in the school lunch program under this Act, commodities valued
at the total level of assistance authorized under subsection
(c) for each school year for the school lunch program in the
State, not later than September 30 of the following school
year.]
(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.
[(c)][(1)(A) The national average value of donated foods, or
cash payments in lieu thereof, shall be 11 cents, adjusted on
July 1, 1982, and each July 1 thereafter to reflect changes in
the Price Index for Food Used in Schools and Institutions. The
Index shall be computed using 5 major food components in the
Bureau of Labor Statistics' Producer Price Index (cereal and
bakery products, meats, poultry and fish, dairy products,
processed fruits and vegetables, and fats and oils). Each
component shall be weighed using the same relative weight as
determined by the Bureau of Labor Statistics.
[(B) The value of food assistance for each meal shall be
adjusted each July 1 by the annual percentage change in a 3-
month average value of the Price Index for Foods Used in
Schools and Institutions for March, April, and May each year.
Such adjustment shall be computed to the nearest \1/4\ cent.
[(C) For each school year, the total commodity assistance or
cash in lieu thereof available to a State for the school lunch
program shall be calculated by multiplying the number of
lunches served in the preceding school year by the rate
established by subparagraph (B). After the end of each school
year, the Secretary shall reconcile the number of lunches
served by schools in each State with the number of lunches
served by schools in each State during the preceding school
year and increase or reduce subsequent commodity assistance or
cash in lieu thereof provided to each State based on such
reconciliation.
[(D) Among those commodities delivered under this section,
the Secretary shall give special emphasis to high protein
foods, meat, and meat alternates (which may include domestic
seafood commodities and their products).
[(E) Notwithstanding any other provision of this section, not
less than 75 percent of the assistance provided under this
subsection shall be in the form of donated foods for the school
lunch program.]
(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.
(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 increase 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 percent of the assistance
provided under this subsection shall be in the form of
donated foods for the school lunch program.
(2) To the maximum extent feasible, each State agency shall
offer to each school food authority under its jurisdiction that
participates in the school lunch program and receives
commodities, agricultural commodities and their products, the
per meal value of which is not less than the national average
value of donated foods established under paragraph (1). Each
such offer shall include the full range of such commodities and
products that are available from the Secretary to the extent
that quantities requested are sufficient to allow efficient
delivery to and within the State.
[(d) Beginning with the school year ending June 30, 1981, the
Secretary shall not offer commodity assistance based upon the
number of breakfasts served to children under section 4 of the
Child Nutrition Act of 1966.
[(e)(1) Subject to paragraph (2), in each school year the
Secretary shall ensure that not less than 12 percent of the
assistance provided under section 4, this section, and section
11 shall be in the form of--
[(A) commodity assistance provided under this
section, including cash in lieu of commodities and
administrative costs for procurement of commodities
under this section; or
[(B) during the period beginning October 1, 2003, and
ending September 30, 2018, commodities provided by the
Secretary under any provision of law.
[(2) If amounts available to carry out the requirements of
the sections described in paragraph (1) are insufficient to
meet the requirement contained in paragraph (1) for a school
year, the Secretary shall, to the extent necessary, use the
authority provided under section 14(a) to meet the requirement
for the school year.]
(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 payments in lieu thereof available to a
State for the upcoming school year by
multiplying the number of breakfasts served 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 assistance 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.
[(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 permitting each State--
(A) to utilize multiple suppliers and
products established and qualified by the
Secretary; and
(B) to allow geographic preference, if
desired, in the procurement of the products
under the pilot project.
(3) Selection and participation.--
(A) In general.--The Secretary shall select
States for participation in the pilot project
in accordance with criteria established by the
Secretary and terms and conditions established
for participation.
(B) Requirement.--The Secretary shall ensure
that at least 1 project is located in a State
in each of--
(i) the Pacific Northwest Region;
(ii) the Northeast Region;
(iii) the Western Region;
(iv) the Midwest Region; and
(v) the Southern Region.
(4) Priority.--In selecting States for participation
in the pilot project, the Secretary shall prioritize
applications based on--
(A) the quantity and variety of growers of
local fruits and vegetables in the States on a
per capita basis;
(B) the demonstrated commitment of the States
to farm-to-school efforts, as evidenced by
prior efforts to increase and promote farm-to-
school programs in the States; and
(C) whether the States contain a sufficient
quantity of local educational agencies, various
population sizes, and geographical locations.
(5) Recordkeeping and reporting requirements.--
(A) Recordkeeping requirement.--States
selected to participate in the pilot project,
and participating school food authorities
within those States, shall keep records of the
fruits and vegetables received under the pilot
project in such manner and form as requested by
the Secretary.
(B) Reporting requirement.--Each
participating State shall submit to the
Secretary a report on the success of the pilot
project in the State, including information
on--
(i) the quantity and cost of each
type of fruit and vegetable received by
the State under the pilot project; and
(ii) the benefit provided by those
procurements in conducting school food
service in the State, including meeting
school meal requirements.
* * * * * * *
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
nutritional requirements prescribed by the Secretary on the
basis of tested nutritional research, except that the minimum
nutritional requirements--
[(i) shall not be construed to prohibit the
substitution of foods to accommodate the medical or
other special dietary needs of individual students;
and]
(i) shall not--
(I) be construed to prohibit the substitution
of foods to accommodate 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 [lower-fat versions of foods commonly used in
the school lunch program under this Act] foods that comply with
the meal patterns prescribed by the Secretary, to schools
participating in the school lunch program to assist the schools
in complying with the nutritional requirements prescribed by
the Secretary pursuant to subparagraph (A) and in providing
appropriate meals to children with medically certified special
dietary needs. The Secretary shall provide additional technical
assistance to schools that are having difficulty maintaining
compliance with the requirements.
(2) Fluid milk.--
(A) In general.--Lunches served by schools
participating in the school lunch program under
this Act--
(i) shall offer students a variety of
fluid milk. Such milk shall be
consistent with the most recent Dietary
Guidelines for Americans published
under section 301 of the National
Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341);
(ii) may offer students flavored and
unflavored fluid milk and lactose-free
fluid milk; and
[(iii) shall provide a substitute for
fluid milk for students whose
disability restricts their diet, on
receipt of a written statement from a
licensed physician that identifies the
disability that restricts the student's
diet and that specifies the substitute
for fluid milk.]
(iii) as a reasonable accommodation
under the Americans with Disabilities
Act (42 U.S.C. 12101 et seq.) and
section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), shall provide
a substitute for fluid milk for a
student whose disability restricts
their diet.
[(B) Substitutes.--
[(i) Standards for substitution.--A
school may substitute for the fluid
milk provided under subparagraph (A), a
nondairy beverage that is nutritionally
equivalent to fluid milk and meets
nutritional standards established by
the Secretary (which shall, among other
requirements to be determined by the
Secretary, include fortification of
calcium, protein, vitamin A, and
vitamin D to levels found in cow's
milk) for students who cannot consume
fluid milk because of a medical or
other special dietary need other than a
disability described in subparagraph
(A)(iii).
[(ii) Notice.--The substitutions may
be made if the school notifies the
State agency that the school is
implementing a variation allowed under
this subparagraph, and if the
substitution is requested by written
statement of a medical authority or by
a student's parent or legal guardian
that identifies the medical or other
special dietary need that restricts the
student's diet, except that the school
shall not be required to provide
beverages other than beverages the
school has identified as acceptable
substitutes.
[(iii) Excess expenses borne by
school food authority.--Expenses
incurred in providing substitutions
under this subparagraph that are in
excess of expenses covered by
reimbursements under this Act shall be
paid by the school food authority.]
(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
appropriate 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 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 equivalent to fluid milk
and meets nutritional standards
established by the Secretary.
(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 establish and carry out a
pilot grant program to award
grants to eligible 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 demonstrate 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 dietary
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 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 thereafter, 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
subclause and any such
information with
respect to the pilot
program the Secretary
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 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
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 remain available until
the date described in subclause
(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 person approved by the school) at any
time or any place--
(i) on the school premises; or
(ii) at any school-sponsored event.
(3) Students in senior high schools that participate in the
school lunch program under this Act (and, when approved by the
local school district or nonprofit private schools, students in
any other grade level) shall not be required to accept offered
foods they do not intend to consume, and any such failure to
accept offered foods shall not affect the full charge to the
student for a lunch meeting the requirements of this subsection
or the amount of payments made under this Act to any such
school for such lunch.
(4) Provision of information.--
(A) Guidance.--Prior to the beginning of the
school year beginning July 2004, the Secretary
shall issue guidance to States and school food
authorities to increase the consumption of
foods and food ingredients that are recommended
for increased serving consumption in the most
recent Dietary Guidelines for Americans
published under section 301 of the National
Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341).
(B) Rules.--Not later than 2 years after the
date of enactment of this paragraph, the
Secretary shall promulgate rules, based on the
most recent Dietary Guidelines for Americans,
that reflect specific recommendations,
expressed in serving recommendations, for
increased consumption of foods and food
ingredients offered in school nutrition
programs under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.).
(C) Procurement and processing of food
service products and commodities.--The
Secretary shall--
(i) identify, develop, and
disseminate to State departments of
agriculture and education, school food
authorities, local educational
agencies, and local processing
entities, model product specifications
and practices for foods offered in
school nutrition programs under this
Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) to ensure that
the foods reflect the most recent
Dietary Guidelines for Americans
published under section 301 of the
National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C.
5341);
(ii) not later than 1 year after the
date of enactment of this
subparagraph--
(I) carry out a study to
analyze the quantity and
quality of nutritional
information available to school
food authorities about food
service products and
commodities; and
(II) submit to Congress a
report on the results of the
study that contains such
legislative recommendations as
the Secretary considers
necessary to ensure that school
food authorities have access to
the nutritional information
needed for menu planning and
compliance assessments; and
(iii) to the maximum extent
practicable, in purchasing and
processing commodities for use in
school nutrition programs under this
Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), purchase the
widest variety of healthful foods that
reflect the most recent Dietary
Guidelines for Americans.
(5) Water.--Schools participating in the school lunch
program under this Act shall make available to children
free of charge, as nutritionally appropriate, potable
water for consumption in the place where meals are
served during meal service.
(b)(1)(A) Not later than June 1 of each fiscal year, the
Secretary shall prescribe income guidelines for determining
eligibility for free and reduced price lunches during the 12-
month period beginning July 1 of such fiscal year and ending
June 30 of the following fiscal year. The income guidelines for
determining eligibility for free lunches shall be 130 percent
of the applicable family size income levels contained in the
nonfarm income poverty guidelines prescribed by the Office of
Management and Budget, as adjusted annually in accordance with
subparagraph (B). The income guidelines for determining
eligibility for reduced price lunches for any school year shall
be 185 percent of the applicable family size income levels
contained in the nonfarm income poverty guidelines prescribed
by the Office of Management and Budget, as adjusted annually in
accordance with subparagraph (B). The Office of Management and
Budget guidelines shall be revised at annual intervals, or at
any shorter interval deemed feasible and desirable.
(B) The revision required by subparagraph (A) of this
paragraph shall be made by multiplying--
(i) the official poverty line (as defined by the
Office of Management and Budget); by
(ii) the percentage change in the Consumer Price
Index during the annual or other interval immediately
preceding the time at which the adjustment is made.
Revisions under this subparagraph shall be made not more than
30 days after the date on which the consumer price index data
required to compute the adjustment becomes available.
(2)(A) Following the determination by the Secretary under
paragraph (1) of this subsection of the income eligibility
guidelines for each school year, each State educational agency
shall announce the income eligibility guidelines, by family
size, to be used by schools in the State in making
determinations of eligibility for free and reduced price
lunches. Local school authorities shall, each year, publicly
announce the income eligibility guidelines for free and reduced
price lunches on or before the opening of school.
(B) Applications and descriptive material.--
(i) In general.--Applications for free and
reduced price lunches, in such form as the
Secretary may prescribe or approve, and any
descriptive material, shall be distributed to
the parents or guardians of children in
attendance at the school, and shall contain
only the family size income levels for reduced
price meal eligibility with the explanation
that households with incomes less than or equal
to these values would be eligible for free or
reduced price lunches.
(ii) Income eligibility guidelines.--Forms
and descriptive material distributed in
accordance with clause (i) may not contain the
income eligibility guidelines for free lunches.
(iii) Contents of descriptive material.--
(I) In general.--Descriptive material
distributed in accordance with clause
(i) shall contain a notification that--
(aa) participants in the
programs listed in subclause
(II) may be eligible for free
or reduced price meals; and
(bb) documentation may be
requested for verification of
eligibility for free or reduced
price meals.
(II) Programs.--The programs referred
to in subclause (I)(aa) are--
(aa) the special supplemental
nutrition program for women,
infants, and children
established by section 17 of
the Child Nutrition Act of 1966
(42 U.S.C. 1786);
(bb) the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
(cc) the food distribution
program on Indian reservations
established under section 4(b)
of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b)); and
(dd) a State program funded
under the 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 application for a child
of a household to receive free or reduced price
school lunches under this Act, or free or
reduced price school breakfasts under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
for which an eligibility determination is made
other than under paragraph (4) or (5).
(B) Eligibility determination.--
(i) In general.--An eligibility
determination shall be made on the
basis of a complete household
application executed by an adult member
of the household or in accordance with
guidance issued by the Secretary.
(ii) Electronic signatures and
applications.--A household application
may be executed using an electronic
signature if--
(I) the application is
submitted electronically; and
(II) the electronic
application filing system meets
confidentiality standards
established by the Secretary.
(iii) Confidentiality standards.--The
confidentiality standards established
by the Secretary shall ensure--
(I) the maintenance of
reasonable and appropriate
administrative, technical, and
physical safeguards to ensure
the integrity and
confidentiality of information
submitted through electronic
applications 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).
(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 determination 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.
(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 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-response rate''
means (in accordance with
guidelines established by the
Secretary) the percentage of
approved household applications
for which verification
information has not been
obtained by a local educational
agency after attempted
verification under
subparagraphs (F) and (G).
(ii) Verification of sample.--Each
school year, a local educational agency
shall verify eligibility of the
children in a sample of household
applications approved for the school
year by the local educational agency,
as determined by the Secretary in
accordance with this subsection.
(iii) Sample size.--Except as
otherwise provided in this paragraph,
the sample for a local educational
agency for a school year shall equal
the lesser of--
(I) 3 percent of all
applications approved by the
local educational agency for
the school year, as of October
1 of the school year, selected
from error prone applications;
or
(II) 3,000 error prone
applications approved by the
local educational agency for
the school year, as of October
1 of the school year.
(iv) Alternative sample size.--
(I) In general.--If the
conditions described in
subclause (IV) are met, the
verification sample size for a
local educational agency shall
be the sample size described in
subclause (II) or (III), as
determined by the local
educational agency.
(II) 3,000/3 percent
option.--The sample size
described in this subclause
shall be the lesser of 3,000,
or 3 percent of, applications
selected at random from
applications approved by the
local educational agency for
the school year, as of October
1 of the school year.
(III) 1,000/1 percent plus
option.--
(aa) In general.--The
sample size described
in this subclause shall
be the sum of--
(AA) the
lesser of
1,000, or 1
percent of, all
applications
approved by the
local
educational
agency for the
school year, as
of October 1 of
the school
year, selected
from error
prone
applications;
and
(BB) the
lesser of 500,
or \1/2\ of 1
percent of,
applications
approved by the
local
educational
agency for the
school year, as
of October 1 of
the school
year, that
provide a case
number (in lieu
of income
information)
showing
participation
in a program
described in
item (bb)
selected from
those approved
applications
that provide a
case number (in
lieu of income
information)
verifying the
participation.
(bb) Programs.--The
programs described in
this item are--
(AA) the
supplemental
nutrition
assistance
program
established
under the Food
and Nutrition
Act of 2008 (7
U.S.C. 2011 et
seq.);
(BB) the food
distribution
program on
Indian
reservations
established
under section
4(b) of the
Food and
Nutrition Act
of 2008 (7
U.S.C.
2013(b)); and
(CC) a State
program funded
under the
program of
block grants to
States for
temporary
assistance for
needy families
established
under part A of
title IV of the
Social Security
Act (42 U.S.C.
601 et seq.)
that the
Secretary
determines
complies with
standards
established by
the Secretary
that ensure
that the
standards under
the State
program are
comparable to
or more
restrictive
than those in
effect on June
1, 1995.
(IV) Conditions.--The
conditions referred to in
subclause (I) shall be met for
a local educational agency for
a school year if--
(aa) the nonresponse
rate for the local
educational agency for
the preceding school
year is less than 20
percent; or
(bb) the local
educational agency has
more than 20,000
children approved by
application by the
local educational
agency as eligible for
free or reduced price
meals for the school
year, as of October 1
of the school year,
and--
(AA) the
nonresponse
rate for the
preceding
school year is
at least 10
percent below
the nonresponse
rate for the
second
preceding
school year; or
(BB) in the
case of the
school year
beginning July
2005, the local
educational
agency attempts
to verify all
approved
household
applications
selected for
verification
through use of
public agency
records from at
least 2 of the
programs or
sources of
information
described in
subparagraph
(F)(i).
(v) Additional selected
applications.--A sample for a local
educational agency for a school year
under clauses (iii) and (iv)(III)(AA)
shall include the number of additional
randomly selected approved household
applications that are required to
comply with the sample size
requirements in those clauses.
(E) Preliminary review.--
(i) Review for accuracy.--
(I) In general.--Prior to
conducting any other
verification activity for
approved household applications
selected for verification, the
local educational agency shall
ensure that the initial
eligibility determination for
each approved household
application is reviewed for
accuracy by an individual other
than the individual making the
initial eligibility
determination, unless otherwise
determined by the Secretary.
(II) Waiver.--The
requirements of subclause (I)
shall be waived for a local
educational agency if the local
educational agency is using a
technology-based solution that
demonstrates a high level of
accuracy, to the satisfaction
of the Secretary, in processing
an initial eligibility
determination in accordance
with the income eligibility
guidelines of the school lunch
program.
(ii) Correct eligibility
determination.--If the review indicates
that the initial eligibility
determination is correct, the local
educational agency shall verify the
approved household application.
(iii) Incorrect eligibility
determination.--If the review indicates
that the initial eligibility
determination is incorrect, the local
educational agency shall (as determined
by the Secretary)--
(I) correct the eligibility
status of the household;
(II) notify the household of
the change;
(III) in any case in which
the review indicates that the
household is not eligible for
free or reduced-price meals,
notify the household of the
reason for the ineligibility
and that the household may
reapply with income
documentation for free or
reduced-price meals; and
(IV) in any case in which the
review indicates that the
household is eligible for free
or reduced-price meals, verify
the approved household
application.
(F) Direct verification.--
(i) In general.--Subject to clauses
(ii) and (iii), to verify eligibility
for free or reduced price meals for
approved household applications
selected for verification, the local
educational agency may (in accordance
with criteria established by the
Secretary) first obtain and use income
and program participation information
from a public agency administering--
(I) the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
(II) the food distribution
program on Indian reservations
established under section 4(b)
of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b));
(III) the temporary
assistance for needy families
program funded under part A of
title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
(IV) the State medicaid
program under title XIX of the
Social Security Act (42 U.S.C.
1396 et seq.); or
(V) a similar income-tested
program or other source of
information, as determined by
the Secretary.
(ii) Free meals.--Public agency
records that may be obtained and used
under clause (i) to verify eligibility
for free meals for approved household
applications selected for verification
shall include the most recent available
information (other than information
reflecting program participation or
income before the 180-day period ending
on the date of application for free
meals) that is relied on to
administer--
(I) a program or source of
information described in clause
(i) (other than clause
(i)(IV)); or
(II) the State plan for
medical assistance under title
XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) in--
(aa) a State in which
the income eligibility
limit applied under
section 1902(l)(2)(C)
of that Act (42 U.S.C.
1396a(l)(2)(C)) is not
more than 133 percent
of the official poverty
line described in
section 1902(l)(2)(A)
of that Act (42 U.S.C.
1396a(l)(2)(A)); or
(bb) a State that
otherwise identifies
households that have
income that is not more
than 133 percent of the
official poverty line
described in section
1902(l)(2)(A) of that
Act (42 U.S.C.
1396a(l)(2)(A)).
(iii) Reduced price meals.--Public
agency records that may be obtained and
used under clause (i) to verify
eligibility for reduced price meals for
approved household applications
selected for verification shall include
the most recent available information
(other than information reflecting
program participation or income before
the 180-day period ending on the date
of application for reduced price meals)
that is relied on to administer--
(I) a program or source of
information described in clause
(i) (other than clause
(i)(IV)); or
(II) the State plan for
medical assistance under title
XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) in--
(aa) a State in which
the income eligibility
limit applied under
section 1902(l)(2)(C)
of that Act (42 U.S.C.
1396a(l)(2)(C)) is not
more than 185 percent
of the official poverty
line described in
section 1902(l)(2)(A)
of that Act (42 U.S.C.
1396a(l)(2)(A)); or
(bb) a State that
otherwise identifies
households that have
income that is not more
than 185 percent of the
official poverty line
described in section
1902(l)(2)(A) of that
Act (42 U.S.C.
1396a(l)(2)(A)).
(iv) Evaluation.--Not later than 3
years after the date of enactment of
this subparagraph, the Secretary shall
complete an evaluation of--
(I) the effectiveness of
direct verification carried out
under this subparagraph in
decreasing the portion of the
verification sample that must
be verified under subparagraph
(G) while ensuring that
adequate verification
information is obtained; and
(II) the feasibility of
direct verification by State
agencies and local educational
agencies.
(v) Expanded use of direct
verification.--If the Secretary
determines that direct verification
significantly decreases the portion of
the verification sample that must be
verified under subparagraph (G), while
ensuring that adequate verification
information is obtained, and can be
conducted by most State agencies and
local educational agencies, the
Secretary may require a State agency or
local educational agency to implement
direct verification through 1 or more
of the programs described in clause
(i), as determined by the Secretary,
unless the State agency or local
educational agency demonstrates (under
criteria established by the Secretary)
that the State agency or local
educational agency lacks the capacity
to conduct, or is unable to implement,
direct verification.
(G) Household verification.--
(i) In general.--If an approved
household application is not verified
through the use of public agency
records, a local educational agency
shall provide to the household written
notice that--
(I) the approved household
application has been selected
for verification; and
(II) the household is
required to submit verification
information to confirm
eligibility for free or reduced
price meals.
(ii) Phone number.--The written
notice in clause (i) shall include a
toll-free phone number that parents and
legal guardians in households selected
for verification can call for
assistance with the verification
process.
(iii) Followup activities.--If a
household does not respond to a
verification request, a local
educational agency shall make at least
1 attempt to obtain the necessary
verification from the household in
accordance with guidelines and
regulations promulgated by the
Secretary.
(iv) Contract authority for school
food authorities.--A local educational
agency may contract (under standards
established by the Secretary) with a
third party to assist the local
educational agency in carrying out
clause (iii).
(H) Verification deadline.--
(i) General deadline.--
(I) In general.--Subject to
subclause (II), not later than
November 15 of each school
year, a local educational
agency shall complete the
verification activities
required for the school year
(including followup
activities).
(II) Extension.--Under
criteria established by the
Secretary, a State may extend
the deadline established under
subclause (I) for a school year
for a local educational agency
to December 15 of the school
year.
(ii) Eligibility changes.--Based on
the verification activities, the local
educational agency shall make
appropriate modifications to the
eligibility determinations made for
household applications in accordance
with criteria established by the
Secretary.
(I) Local conditions.--In the case of a
natural disaster, civil disorder, strike, or
other local condition (as determined by the
Secretary), the Secretary may substitute
alternatives for--
(i) the sample size and sample
selection criteria established under
subparagraph (D); and
(ii) the verification deadline
established under subparagraph (H).
(J) Individual review.--In accordance with
criteria established by the Secretary, the
local educational agency may, on individual
review--
(i) decline to verify no more than 5
percent of approved household
applications selected under
subparagraph (D) 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 nutrition
programs, as determined to be
appropriate by the Secretary.
(ii) Report.--Not later than 180 days
after the date of enactment of this
paragraph, the Secretary shall submit
to the [Committee on Education and the
Workforce] Committee on Education and
Labor of the House of Representatives
and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a
report describing--
(I) the results of the
feasibility study conducted
under this subsection;
(II) how a computer system
using technology described in
clause (i) could be
implemented;
(III) a plan for
implementation; and
(IV) proposed legislation, if
necessary, to implement the
system.
(4) Direct certification for children in supplemental
nutrition assistance program households.--
(A) In general.--Subject to subparagraph (D),
each State agency shall enter into an agreement
with the State agency conducting eligibility
determinations for the supplemental nutrition
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.).
(B) Procedures.--Subject to paragraph (6),
the agreement shall establish procedures under
which a child who is a member of a household
receiving assistance under the supplemental
nutrition assistance program shall be certified
as eligible for free lunches under this Act and
free breakfasts under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), without
further application.
(C) Certification.--Subject to paragraph (6),
under the agreement, the local educational
agency conducting eligibility determinations
for a school lunch program under this Act and a
school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
shall certify a child who is a member of a
household receiving assistance under the
supplemental nutrition assistance program as
eligible for free lunches under this Act and
free breakfasts under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), without
further application.
(D) Applicability.--This paragraph applies
to--
(i) in the case of the school year
beginning July 2006, a school district
that had an enrollment of 25,000
students or more in the preceding
school year;
(ii) in the case of the school year
beginning July 2007, a school district
that had an enrollment of 10,000
students or more in the preceding
school year; and
(iii) in the case of the school year
beginning July 2008 and each subsequent
school year, each local educational
agency.
[(E) Performance awards.--
[(i) In general.--Effective for each
of the school years beginning July 1,
2011, July 1, 2012, and July 1, 2013,
the Secretary shall offer performance
awards to States to encourage the
States to ensure that all children
eligible for direct certification under
this paragraph are certified in
accordance with this paragraph.
[(ii) Requirements.--For each school
year described in clause (i), the
Secretary shall--
[(I) consider State data from
the prior school year,
including estimates contained
in the report required under
section 4301 of the Food,
Conservation, and Energy Act of
2008 (42 U.S.C. 1758a); and
[(II) make performance awards
to not more than 15 States that
demonstrate, as determined by
the Secretary--
[(aa) outstanding
performance; and
[(bb) substantial
improvement.
[(iii) Use of funds.--A State agency
that receives a performance award under
clause (i)--
[(I) shall treat the funds as
program income; and
[(II) may transfer the funds
to school food authorities for
use in carrying out the
program.
[(iv) Funding.--
[(I) In general.--On October
1, 2011, and each subsequent
October 1 through October 1,
2013, out of any funds in the
Treasury not otherwise
appropriated, the Secretary of
the Treasury shall transfer to
the Secretary--
[(aa) $2,000,000 to
carry out clause
(ii)(II)(aa); and
[(bb) $2,000,000 to
carry out clause
(ii)(II)(bb).
[(II) Receipt and
acceptance.--The Secretary
shall be entitled to receive,
shall accept, and shall use to
carry out this clause the funds
transferred under subclause
(I), without further
appropriation.
[(v) Payments not subject to judicial
review.--A determination by the
Secretary whether, and in what amount,
to make a performance award under this
subparagraph shall not be subject to
administrative or judicial review.]
(E) Performance improvement grants.--
(i) In general.--For each school year
beginning after July 1, 2023, the
Secretary shall offer performance
improvement grants and technical
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 certified 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,
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 direct
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
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 certification in the
State or Indian Tribe, as applicable,
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 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 subsequent October 1, out of
any funds in the Treasury not 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, including
estimates contained in the
report required under section
4301 of the Food, Conservation,
and Energy Act of 2008 (42
U.S.C. 1758a), States that
directly certify less than the
required percentage of the
total number of children in the
State who are eligible for
direct certification under this
paragraph;
(II) require the States
identified under subclause (I)
to implement a continuous
improvement plan to fully meet
the requirements of this
paragraph, which shall include
a plan to improve direct
certification for the following
school year; and
(III) assist the States
identified under subclause (I)
to develop and implement a
continuous improvement plan in
accordance with subclause (II).
(iii) Failure to meet performance
standard.--
(I) In general.--A State that
is required to develop and
implement a continuous
improvement plan under clause
(ii)(II) shall be required to
submit the continuous
improvement plan to the
Secretary, for the approval of
the Secretary.
(II) Requirements.--At a
minimum, a continuous
improvement plan under
subclause (I) shall include--
(aa) specific
measures that the State
will use to identify
more children who are
eligible for direct
certification,
including improvements
or modifications to
technology, information
systems, or databases;
(bb) a timeline for
the State to implement
those measures; and
(cc) goals for the
State to improve direct
certification results.
(G) Without further application.--
(i) In general.--In this paragraph,
the term ``without further
application'' means that no action is
required by the household of the child.
(ii) Clarification.--A requirement
that a household return a letter
notifying the household of eligibility
for direct certification or eligibility
for free school meals does not meet the
requirements of clause (i).
[(5) Discretionary certification.--Subject to
paragraph (6), any local educational agency may certify
any child as eligible for free lunches or breakfasts,
without further application, by directly communicating
with the appropriate State or local agency to obtain
documentation of the status of the child as--
[(A) a member of a family that is receiving
assistance under the temporary assistance for
needy families program funded under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.) that the Secretary determines
complies with standards established by the
Secretary that ensure that the standards under
the State program are comparable to or more
restrictive than those in effect on June 1,
1995;
[(B) a homeless child or youth (defined as 1
of the individuals described in section 725(2)
of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2));
[(C) served by the runaway and homeless youth
grant program established under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
[(D) a migratory child (as defined in section
1309 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6399)); or
[(E)(i) a foster child whose care and
placement is the responsibility of an agency
that administers a State plan under part B or E
of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
[(ii) a foster child who a court has placed
with a caretaker household.]
(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
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.);
(ii) a homeless child or youth
(defined as 1 of the individuals
described in section 725(2) of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2));
(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
(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 appropriate
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
information obtained from an application for
free or reduced price meals, or from a State or
local agency referred to in paragraph (3)(F),
(4), [or (5)] (5), or (15), shall be limited
to--
(i) a person directly connected with
the administration or enforcement of
this Act or the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.)
(including a regulation promulgated
under either Act);
(ii) a person directly connected with
the administration or enforcement of--
(I) a Federal education
program;
(II) a State health or
education program administered
by the State or local
educational agency (other than
a program carried out under
title XIX or XXI of the Social
Security Act (42 U.S.C. 1396 et
seq.; 42 U.S.C. 1397aa et
seq.)); or
(III) a Federal, State, or
local means-tested nutrition
program with eligibility
standards comparable to the
school lunch program under this
Act;
(iii)(I) the Comptroller General of
the United States for audit and
examination authorized by any other
provision of law; and
(II) notwithstanding any other
provision of law, a Federal, State, or
local law enforcement official for the
purpose of investigating an alleged
violation of any program covered by
this paragraph or paragraph (3)(F),
(4), [or (5)] (5), or (15);
(iv) a person directly connected with
the administration of the State
medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.) or the State children's health
insurance program under title XXI of
that Act (42 U.S.C. 1397aa et seq.)
solely for the purposes of--
(I) identifying children
eligible for benefits under,
and enrolling children in,
those programs, except that
this subclause shall apply only
to the extent that the State
and the local educational
agency or school food authority
so elect; and
(II) verifying the
eligibility of children for
programs under this Act or the
Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
(v) a third party contractor
described in paragraph (3)(G)(iv).
(B) Limitation on information provided.--
Information provided under clause (ii) or (v)
of subparagraph (A) shall be limited to the
income eligibility status of the child for whom
application for free or reduced price meal
benefits is made or for whom eligibility
information is provided under paragraph (3)(F),
(4), or (5), unless the consent of the parent
or guardian of the child for whom application
for benefits was made is obtained.
(C) Criminal penalty.--A person described in
subparagraph (A) who publishes, divulges,
discloses, or makes known in any manner, or to
any extent not authorized by Federal law
(including a regulation), any information
obtained under this subsection shall be fined
not more than $1,000 or imprisoned not more
than 1 year, or both.
(D) Requirements for waiver of
confidentiality.--A State that elects to
exercise the option described in subparagraph
(A)(iv)(I) shall ensure that any local
educational agency or school food authority
acting in accordance with that option--
(i) has a written agreement with 1 or
more State or local agencies
administering health programs for
children under titles XIX and XXI of
the Social Security Act (42 U.S.C. 1396
et seq. and 1397aa et seq.) that
requires the health agencies to use the
information obtained under subparagraph
(A) to seek to enroll children in those
health programs; and
(ii)(I) notifies each household, the
information of which shall be disclosed
under subparagraph (A), that the
information disclosed will be used only
to enroll children in health programs
referred to in subparagraph (A)(iv);
and
(II) provides each parent or guardian
of a child in the household with an
opportunity to elect not to have the
information disclosed.
(E) Use of disclosed information.--A person
to which information is disclosed under
subparagraph (A)(iv)(I) shall use or disclose
the information only as necessary for the
purpose of enrolling children in health
programs referred to in subparagraph (A)(iv).
(7) Free and reduced price policy statement.--
(A) In general.--After the initial
submission, a local educational agency shall
not be required to submit a free and reduced
price policy statement to a State educational
agency under this Act unless there is a
substantive change in the free and reduced
price policy of the local educational agency.
(B) Routine change.--A routine change in the
policy of a local educational agency (such as
an annual adjustment of the income eligibility
guidelines for free and reduced price meals)
shall not be sufficient cause for requiring the
local educational agency to submit a policy
statement.
(8) Communications.--
(A) In general.--Any communication with a
household under this subsection or subsection
(d) shall be in an understandable and uniform
format and, to the maximum extent practicable,
in a language that parents and legal guardians
can understand.
(B) Electronic availability.--In addition to
the distribution of applications and
descriptive material in paper form as provided
for in this paragraph, the applications and
material may be made available electronically
via the Internet.
(9) Eligibility for free and reduced price lunches.--
(A) Free lunches.--Any child who is a member
of a household whose income, at the time the
application is submitted, is at an annual rate
which does not exceed the applicable family
size income level of the income eligibility
guidelines for free lunches, as determined
under paragraph (1), shall be served a free
lunch.
(B) Reduced price lunches.--
(i) In general.--Any child who is a
member of a household whose income, at
the time the application is submitted,
is at an annual rate greater than the
applicable family size income level of
the income eligibility guidelines for
free lunches, as determined under
paragraph (1), but less than or equal
to the applicable family size income
level of the income eligibility
guidelines for reduced price lunches,
as determined under paragraph (1),
shall be served a reduced price lunch.
(ii) Maximum price.--The price
charged for a reduced price lunch shall
not exceed 40 cents.
(C) Duration.--[Except]
(i) In general._Except as otherwise
specified in paragraph (3)(E),
(3)(H)(ii), and section 11(a),
eligibility for free or reduced price
meals for any school year shall remain
in effect--
[(i)] (I) beginning on the
date of eligibility approval
for the current school year;
and
[(ii)] (II) ending on a date
during the subsequent school
year determined by the
Secretary.
(ii) Retroactivity.--A local
educational agency shall revise a
previously 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.
[(10) No physical segregation of or other discrimination
against any child eligible for a free lunch or a reduced price
lunch under this subsection shall be made by the school nor
shall there be any overt identification of any child by special
tokens or tickets, announced or published list of names, or by
other means.]
(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 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 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
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 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 covered 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
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
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).
(11) Any child who has a parent or guardian who (A) is
responsible for the principal support of such child and (B) is
unemployed shall be served a free or reduced price lunch,
respectively, during any period (i) in which such child's
parent or guardian continues to be unemployed and (ii) the
income of the child's parents or guardians during such period
of unemployment falls within the income eligibility criteria
for free lunches or reduced price lunches, respectively, based
on the current rate of income of such parents or guardians.
Local educational agencies shall publicly announce that such
children are eligible for free or reduced price lunch, and
shall make determinations with respect to the status of any
parent or guardian of any child under clauses (A) and (B) of
the preceding sentence on the basis of a statement executed in
such form as the Secretary may prescribe by such parent or
guardian. No physical segregation of, or other discrimination
against, any child eligible for a free or reduced price lunch
under this paragraph shall be made by the school nor shall
there be any overt identification of any such child by special
tokens or tickets, announced or published lists of names, or by
any other means.
(12)(A) A child shall be considered automatically eligible
for a free lunch and breakfast under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively,
without further application or eligibility determination, if
the child is--
(i) a member of a household receiving assistance
under the supplemental nutrition assistance program
authorized under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.);
(ii) a member of a family (under the State program
funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.)) that the Secretary
determines complies with standards established by the
Secretary that ensure that the standards under the
State program are comparable to or more restrictive
than those in effect on June 1, 1995;
(iii) enrolled as a participant in a Head Start
program authorized under the Head Start Act (42 U.S.C.
9831 et seq.), on the basis of a determination that the
child meets the eligibility criteria prescribed under
section 645(a)(1)(B) of the Head Start Act (42 U.S.C.
9840(a)(1)(B));
(iv) a homeless child or youth (defined as 1
of the individuals described in section 725(2)
of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)));
(v) served by the runaway and homeless youth
grant program established under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
(vi) a migratory child (as defined in section
1309 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6399)); or
(vii)(I) a foster child whose care and
placement is the responsibility of an agency
that administers a State plan under part B or E
of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
(II) a foster child who a court has
placed with a caretaker household.
(B) Proof of receipt of supplemental nutrition assistance
program benefits or assistance under the State program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995, or of
enrollment or participation in a Head Start program on the
basis described in subparagraph (A)(iii), shall be sufficient
to satisfy any verification requirement imposed under this
subsection.
(13) Exclusion of certain military housing
allowances.--The amount of a basic allowance provided
under section 403 of title 37, United States Code, on
behalf of a member of a uniformed service for housing
that is acquired or constructed under subchapter IV of
chapter 169 of title 10, United States Code, or any
related provision of law, shall not be considered to be
income for the purpose of determining the eligibility
of a child who is a member of the household of the
member of a uniformed service for free or reduced price
lunches under this Act.
(14) Combat pay.--
(A) Definition of combat pay.--In this
paragraph, the term ``combat pay'' means any
additional payment under chapter 5 of title 37,
United States Code, or otherwise designated by
the Secretary to be appropriate for exclusion
under this paragraph, that is received by or
from a member of the United States Armed Forces
deployed to a designated combat zone, if the
additional pay--
(i) is the result of deployment to or
service in a combat zone; and
(ii) was not received immediately
prior to serving in a combat zone.
(B) Exclusion.--Combat pay shall not be
considered to be income for the purpose of
determining the eligibility for free or reduced
price meals of a child who is a member of the
household of a member of the United States
Armed Forces.
(15) Direct certification for children receiving
medicaid benefits.--
(A) Definitions.--In this paragraph:
[(i) Eligible child.--The term
``eligible child'' means a child--
[(I)(aa) who is eligible for
and receiving medical
assistance under the Medicaid
program; and
[(bb) who is a member of a
family with an income as
measured by the Medicaid
program before the application
of any expense, block, or other
income disregard, that does not
exceed 133 percent of the
poverty line (as defined in
section 673(2) of the Community
Services Block Grant Act (42
U.S.C. 9902(2), including any
revision required by such
section)) applicable to a
family of the size used for
purposes of determining
eligibility for the Medicaid
program; or
[(II) who is a member of a
household (as that term is
defined in section 245.2 of
title 7, Code of Federal
Regulations (or successor
regulations) with a child
described in subclause (I).]
(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 supplementary
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 Secretary;
(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 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 program'' means the program
of medical assistance established 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 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 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; 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).
[(B) Demonstration project.--
[(i) In general.--The Secretary,
acting through the Administrator of the
Food and Nutrition Service and in
cooperation with selected State
agencies, shall conduct a demonstration
project in selected local educational
agencies to determine whether direct
certification of eligible children is
an effective method of certifying
children for free lunches and
breakfasts under section 9(b)(1)(A) of
this Act and section 4(e)(1)(A) of the
Child Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)(A)).
[(ii) Scope of project.--The
Secretary shall carry out the
demonstration project under this
subparagraph--
[(I) for the school year
beginning July 1, 2012, in
selected local educational
agencies that collectively
serve 2.5 percent of students
certified for free and reduced
price meals nationwide, based
on the most recent available
data;
[(II) for the school year
beginning July 1, 2013, in
selected local educational
agencies that collectively
serve 5 percent of students
certified for free and reduced
price meals nationwide, based
on the most recent available
data; and
[(III) for the school year
beginning July 1, 2014, and
each subsequent school year, in
selected local educational
agencies that collectively
serve 10 percent of students
certified for free and reduced
price meals nationwide, based
on the most recent available
data.
[(iii) Purposes of the project.--At a
minimum, the purposes of the
demonstration project shall be--
[(I) to determine the
potential of direct
certification with the Medicaid
program to reach children who
are eligible for free meals but
not certified to receive the
meals;
[(II) to determine the
potential of direct
certification with the Medicaid
program to directly certify
children who are enrolled for
free meals based on a household
application; and
[(III) to provide an estimate
of the effect on Federal costs
and on participation in the
school lunch program under this
Act and the school breakfast
program established by section
4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) of direct
certification with the Medicaid
program.
[(iv) Cost estimate.--For each of 2
school years of the demonstration
project, the Secretary shall estimate
the cost of the direct certification of
eligible children for free school meals
through data derived from--
[(I) the school meal programs
authorized under this Act and
the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.);
[(II) the Medicaid program;
and
[(III) interviews with a
statistically representative
sample of households.
[(C) Agreement.--
[(i) In general.--Not later than July
1 of the first school year during which
a State agency will participate in the
demonstration project, the State agency
shall enter into an agreement with the
1 or more State agencies conducting
eligibility determinations for the
Medicaid program.
[(ii) Without further application.--
Subject to paragraph (6), the agreement
described in subparagraph (D) shall
establish procedures under which an
eligible child shall be certified for
free lunches under this Act and free
breakfasts under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773),
without further application (as defined
in paragraph (4)(G)).
[(D) Certification.--For the school year
beginning on July 1, 2012, and each subsequent
school year, subject to paragraph (6), the
local educational agencies participating in the
demonstration project shall certify an eligible
child as eligible for free lunches under this
Act and free breakfasts under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
without further application (as defined in
paragraph (4)(G)).
[(E) Site selection.--
[(i) In general.--To be eligible to
participate in the demonstration
project under this subsection, a State
agency shall submit to the Secretary an
application at such time, in such
manner, and containing such information
as the Secretary may require.
[(ii) Considerations.--In selecting
States and local educational agencies
for participation in the demonstration
project, the Secretary may take into
consideration such factors as the
Secretary considers to be appropriate,
which may include--
[(I) the rate of direct
certification;
[(II) the share of
individuals who are eligible
for benefits under the
supplemental nutrition
assistance program established
under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et
seq.) who participate in the
program, as determined by the
Secretary;
[(III) the income eligibility
limit for the Medicaid program;
[(IV) the feasibility of
matching data between local
educational agencies and the
Medicaid program;
[(V) the socioeconomic
profile of the State or local
educational agencies; and
[(VI) the willingness of the
State and local educational
agencies to comply with the
requirements of the
demonstration project.]
(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 determinations
for the Medicaid program.
(C) Procedures.--Subject to paragraph (6), an
agreement 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), without 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)).
[(F)] (D) Access to data.--For purposes of
[conducting 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 receiving
funding or providing benefits for 1 or
more programs authorized under this Act
or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
(ii) income and program participation
information from public agencies
administering the Medicaid program.
[(G) Report to congress.--
[(i) In general.--Not later than
October 1, 2014, the Secretary shall
submit to the Committee on Education
and Labor of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate, an interim report that
describes the results of the
demonstration project required under
this paragraph.
[(ii) Final report.--Not later than
October 1, 2015, the Secretary shall
submit a final report to the committees
described in clause (i).
[(H) Funding.--
[(i) In general.--On October 1, 2010,
out of any funds in the Treasury not
otherwise appropriated, the Secretary
of the Treasury shall transfer to the
Secretary to carry out subparagraph (G)
$5,000,000, to remain available until
expended.
[(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive,
shall accept, and shall use to carry
out subparagraph (G) the funds
transferred under clause (i), without
further appropriation.]
(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
determine 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 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
established under this paragraph shall
not use an alternative online household
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 paragraph
shall--
(I) provide households with
the option to submit a paper
application 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
household applications selected by the
State agency under subparagraph
(B)(iii) that were not directly
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
section 32 of the Act of August 24, 1935, may be donated by the
Secretary to schools, in accordance with the needs as
determined by local school authorities, for utilization in the
school lunch program under this Act as well as to other schools
carrying out nonprofit school lunch programs and institutions
authorized to receive such commodities. The requirements of
this section relating to the service of meals without cost or
at a reduced cost shall apply to the lunch program of any
school utilizing commodities donated under any provision of
law.
(d)(1) The Secretary shall require as a condition of
eligibility for receipt of free or reduced price lunches that
the member of the household who executes the application
furnish the last 4 digits of the social security account number
of the parent or guardian who is the primary wage earner
responsible for the care of the child for whom the application
is made, or that of another appropriate adult member of the
child's household, as determined by the Secretary.
(2) No member of a household may be provided a free or
reduced price lunch under this Act unless--
(A) appropriate documentation relating to the income
of such household (as prescribed by the Secretary) has
been provided to the appropriate local educational
agency so that the local educational agency may
calculate the total income of such household;
(B) documentation showing that the household is
participating in the supplemental nutrition assistance
program under the Food and Nutrition Act of 2008 has
been provided to the appropriate local educational
agency;
(C) documentation has been provided to the
appropriate local educational agency showing that the
family is receiving assistance under the State program
funded under part A of title IV of the Social Security
Act that the Secretary determines complies with
standards established by the Secretary that ensure that
the standards under the State program are comparable to
or more restrictive than those in effect on June 1,
1995;
(D) documentation has been provided to the
appropriate local educational agency showing that the
child meets the criteria specified in clauses (iv) or
(v) of subsection (b)(12)(A);
(E) documentation has been provided to the
appropriate local educational agency showing the status
of the child as a migratory child (as defined in
section 1309 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6399));
(F)(i) documentation has been provided to the
appropriate local educational agency showing the status
of the child as a foster child whose care and placement
is the responsibility of an agency that administers a
State plan under part B or E of title IV of the Social
Security Act (42 U.S.C. 621 et seq.); or
(ii) documentation has been provided to the
appropriate local educational agency showing
the status of the child as a foster child who a
court has placed with a caretaker household; or
(G) documentation has been provided to the
appropriate local educational agency showing the status
of the child as an eligible child 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.--[Schools that are participating]
(A) Schools participating in meal programs._
Schools that are participating in the school
lunch program or school breakfast program shall
serve lunches and breakfasts that--
[(A)] (i) are consistent with the
goals of the most recent Dietary
Guidelines for Americans published
under section 301 of the National
Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341);
and
[(B)] (ii) consider the [nutrient]
dietary needs of children who may be at
risk for inadequate food intake [and
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 Americans under section 301 of
the National 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 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 Academies 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
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).
(C) Authorization of appropriations.--There
are authorized 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 enactment of this
Act, to remain available until expended.
(2) [To assist schools in meeting the requirements of this
subsection, the Secretary] Assistance to schools.--
(A) [shall] 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 preparation
techniques; [and]
(ii) provide to schools information regarding
nutrient standard menu planning, assisted
nutrient standard menu planning, and food-based
menu systems; [and]
(iii) develop and provide to schools best
practices, trainings (including peer-to-peer
trainings), and other resources;
(iv) implement healthier school environment
recognition programs; and
(v) work with food manufacturers and
retailers to support development and increased
availability and affordability of products that
meet the nutrition standards; and
[(B) may provide to schools information regarding
other approaches, as determined by the Secretary.]
(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,
including 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 efforts and to
facilitate collaboration 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 experience working with
school food service personnel participating 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 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 expended.
[(3) Use of any reasonable approach.--
[(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--
[(i) using the school nutrition meal pattern
in effect for the 1994-1995 school year; and
[(ii) using any of the approaches described
in paragraph (3).
[(B) Nutrient analysis.--The Secretary may not
require a school to conduct or use a nutrient analysis
to meet the requirements of this subsection.
[(4) Waiver of requirement for weighted averages for
nutrient analysis.--During the period ending on
September 30, 2010, the Secretary shall not require the
use of weighted averages for nutrient analysis of menu
items and foods offered or served as part of a meal
offered or served under the school lunch program under
this Act or the school breakfast program under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).]
(g) Not later than 1 year after the date of enactment of this
subsection, the Secretary shall provide a notification to
Congress that justifies the need for production records
required under section 210.10(b) of title 7, Code of Federal
Regulations, and describes how the Secretary has reduced
paperwork relating to the school lunch and school breakfast
programs.
(h) Food Safety.--
(1) In general.--A school participating in the school
lunch program under this Act or the school breakfast
program under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) shall--
(A) at least twice during each school year,
obtain a food safety inspection conducted by a
State or local governmental agency responsible
for food safety inspections;
(B) post in a publicly visible location a
report on the most recent inspection conducted
under subparagraph (A); and
(C) on request, provide a copy of the report
to a member of the public.
(2) State and local government inspections.--Nothing
in paragraph (1) prevents any State or local government
from adopting or enforcing any requirement for more
frequent food safety inspections of schools.
(3) Audits and reports by states.--For fiscal year
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 Secretary shall annually audit State reports of
food safety inspections of schools submitted under
paragraph (3).
(5) School food safety program.--
(A) In general.--Each school food authority
shall implement a school food safety program,
in the preparation and service of each meal
served to children, that complies with any
hazard analysis and critical control point
system established by the Secretary.
(B) Applicability.--Subparagraph (A) shall
apply to any facility or part of a facility in
which food is stored, prepared, or served for
the purposes of the school nutrition programs
under this Act or section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
(i) Single Permanent Agreement Between State Agency and
School Food Authority; Common Claims Form.--
(1) In general.--If a single State agency administers
any combination of the school lunch program under this
Act, the school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773), the
summer food service program for children under section
13 of this Act, or the child and adult care food
program under section 17 of this Act, the agency
shall--
(A) require each school food authority to
submit to the State agency a single agreement
with respect to the operation by the authority
of the programs administered by the State
agency; and
(B) use a common claims form with respect to
meals and supplements served under the programs
administered by the State agency.
(2) Additional requirement.--The agreement described
in paragraph (1)(A) shall be a permanent agreement that
may be amended as necessary.
(j) Purchases of Locally Produced Foods.--The Secretary
shall--
(1) encourage institutions receiving funds under this
Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.) [to purchase unprocessed agricultural
products, both locally grown and locally raised], to
the maximum extent practicable and appropriate[;] , 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 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
[(3) allow institutions receiving funds under this
Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), including the Department of Defense Fresh
Fruit and Vegetable Program, to use a geographic
preference for the procurement of unprocessed
agricultural products, both locally grown and locally
raised.]
(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 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 agreement or
memorandum of understanding;
(vi) by a farm participating in a
worker justice certification program;
or
(vii) by a farm participating in an
independent animal welfare
certification program.
(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
Consolidated 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.
(D) Veteran farmer or rancher.--The term
``veteran farmer or rancher'' has the meaning
given such term in section 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 report information about the school
nutrition environment, for all schools under
the jurisdiction of the local educational
agencies, to the Secretary and to the public in
the State on a periodic basis; and
(B) provide training and technical assistance
to States and local educational agencies on the
assessment and reporting of the school
nutrition environment, including the use of any
assessment materials developed by the
Secretary.
(2) Requirements.--In establishing the requirements
for reporting on the school nutrition environment under
paragraph (1), the Secretary shall--
(A) include information pertaining to food
safety inspections, local wellness policies,
meal program participation, the nutritional
quality of program meals, and other information
as determined by the Secretary; and
(B) ensure that information is made available
to the public by local educational agencies in
an accessible, easily understood manner in
accordance with guidelines established by the
Secretary.
(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection such sums as are necessary for each of
fiscal years 2011 through 2015.
(l) Food Donation Program.--
(1) In [general.--] [Each] general._
(A) Food donations permissible._Each school
and [local educational agency] school food
authority participating in the school lunch
program under this Act may donate any food not
consumed under such program to [eligible local
food banks or charitable organizations]
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 develop and
publish guidance to schools and [local
educational agencies] school food authorities
participating in the school lunch program under
this Act to assist such schools and [local
educational agencies] school food authorities
in donating food under this subsection.
(B) Updates.--The Secretary shall update such
guidance as necessary.
(3) Liability.--Any school or [local educational
agency] school food authority making donations pursuant
to this subsection shall be exempt from civil and
criminal liability to the extent provided under the
Bill Emerson Good Samaritan Food Donation Act (42
U.S.C. 1791).
[(4) Definition.--In this subsection, the term
``eligible local food banks or charitable
organizations'' means any food bank or charitable
organization which is exempt from tax under section
501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)).]
(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. 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 activity, 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
[childhood obesity] 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 dietitians,
school-based mental health services providers, and the
general public to participate in the development,
implementation, 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 public 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 policy 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.--
(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 Control and Prevention and the Administrator of
the Substance Abuse and Mental Health Services
Administration, shall provide 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
establishing healthy school environments that are
intended to promote student health and wellness.
(2) Content.--The Secretary shall provide technical
assistance that--
(A) includes resources and training on
designing, implementing, 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 agencies, and
nongovernmental organizations;
[(C) includes such other technical assistance
as is required to promote sound nutrition and
establish healthy school nutrition
environments; and]
(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
(D) is consistent with the specific needs and
requirements of local educational agencies.
(3) Study and report.--
(A) In general.--Subject to the availability
of appropriations, the Secretary, in
[conjunction] consultation with the Director of
the Centers for Disease Control and Prevention
and the Administrator of the Substance Abuse
and Mental Health Services Administration,
shall prepare a report 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 compare
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 [January 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 submit to the Committee on Education and
Labor of the House of Representatives and the
Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes
the findings of the study.
(D) Authorization of appropriations.--There
are authorized to be appropriated to carry out
this paragraph [$3,000,000] $5,000,000 for
fiscal year [2011] 2024, to remain 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, institutions, or service institutions within the State
for the purposes authorized by this Act to the extent that the
Secretary has so withheld 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 available 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
disburse 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 requirements 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 reduced
price lunches in schools within that State during such fiscal
year by the special assistance factor for reduced price lunches
prescribed 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 reduced
priced lunches, as the case may be, that are served by that
school during the school year for which the request is made, to
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 Nutrition Act of 1966 (42 U.S.C. 1773)
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;
special assistance payments shall be paid to the State
educational agency with respect to the school or school
district during the period on the basis of the number of
lunches or breakfasts determined 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 breakfasts 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 available 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
available socioeconomic data that the income level of families
of children enrolled in a school or school district has not
remained stable, the 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 payments under this
paragraph, for the purpose of calculating the special
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 require 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 Federal 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 assistance 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 population 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
accepted 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 eligibility as
described in section 245.6a(c)(2) of
title 7, Code of Federal Regulations
(or successor regulations).
(ii) Election of special assistance
payments.--
(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
special assistance payments
under this subparagraph in lieu
of special assistance payments
otherwise made available under
this paragraph based on
applications 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 Federal
Regulations (or
successor
regulations)); and
(dd) during the
school year prior to
the first year of the
period for which the
local educational
agency elects to
receive special
assistance payments
under this
subparagraph, the local
educational agency or
school had a percentage
of enrolled students
who were identified
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 district, elect to stop
receiving special assistance
payments 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 intention to stop
receiving special assistance
payments 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
subparagraph, 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
(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
maximum of 100 percent.
(II) Payment for other
meals.--The percentage of meals
served that is not described in
subclause (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 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
(bb) the higher of
the percentage of
identified 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 percentage of meals
served that is not described in
subclause (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 educational agency may
elect to receive special
assistance payments under
subclause (II) for an
additional grace year.
(II) Special assistance
payment.--For each month of a
grace year, 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
(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
maximum of 100 percent.
(III) Payment for other
meals.--The percentage of meals
served that is not described in
subclause (II) shall be
reimbursed at the rate provided
under section 4.
(vi) Applications.--A school or local
educational agency that receives
special assistance payments under this
subparagraph may not be required to
collect applications for free and
reduced price lunches.
[(vii) Multiplier.--
[(I) Phase-in.--For each
school year beginning on or
before July 1, 2013, the
multiplier shall be 1.6.
[(II) Full implementation.--
For each school year beginning
on or after July 1, 2014, the
Secretary may use, as
determined by the Secretary--
[(aa) a multiplier
between 1.3 and 1.6;
and
[(bb) subject to item
(aa), a different
multiplier for
different schools or
local educational
agencies.
[(viii) Threshold.--
[(I) Phase-in.--For each
school year beginning on or
before July 1, 2013, the
threshold shall be 40 percent.
[(II) Full implementation.--
For each school year beginning
on or after July 1, 2014, the
Secretary 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
multiplier 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 participation 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 subparagraph, as
determined by the Secretary.
(II) Limitation.--The
Secretary may not approve
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.--
(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 behalf 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 educational
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 receive under
clause (iii), and of
the procedures for the
local educational
agency to make the
election;
(bb) each local
educational agency that
receives 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 assistance
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 continue to
receive such payments
for the next school
year, of the blended
reimbursement rate the
local educational
agency would receive
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
percentage points lower
than the threshold
described in clause
(viii) that the local
educational agency may
be eligible to elect to
receive special
assistance payments
under clause (iii) if
the threshold described
in clause (viii) is met
by April 1 of the
school year or if the
threshold is met for a
subsequent school year.
(III) Public notification of
local educational 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 receive
special assistance payments
under clause (iii) shall submit
to the Secretary, and the
Secretary 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 agency 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 receiving 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 Secretary shall issue
guidance to implement this
subparagraph.
(II) Regulations.--Not later
than December 31, 2013, the
Secretary shall promulgate
regulations that establish
procedures for State agencies,
local educational agencies, and
schools to meet the
requirements of this
subparagraph, including
exercising the option described
in this subparagraph.
(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 beginning 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
(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 receive special
assistance payments under this
subparagraph that do not elect
to receive the payments;
(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 eligible schools
and local educational
agencies more likely to
elect to receive
special assistance
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
educational agencies;
(bb) an estimate of
the percentage of
identified 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
payments under this
subparagraph, and a
description of how the
ratio between those
percentages 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
educational agencies
stopped electing to
receive special
assistance payments
under this
subparagraph;
(IV) the impact of electing
to receive special assistance
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
Secretary will use for each
school year beginning on 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
appropriation.
(xiv) Statewide community
eligibility.--For each school year
beginning 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 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 assistance 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 established 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 Statistics of the Department of Labor.
(ii) Basis.--Each annual adjustment shall
reflect the changes in the series for food away
from home for the [most 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
subsequent 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 providing free and reduced price lunches served
to children pursuant to subsection 9(b) of this Act. The amount
of such special assistance 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 assistance. Such maximum per lunch
amount established by the Secretary 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 children in the State who received free lunches and the
average number 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
assistance 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 reduced price meals under such
section. No physical segregation of, or other discrimination
against, any child eligible for a free or reduced-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 eligibility to receive free meals or
reduced price meals under this Act.
(2) Recommendations.--
(A) Considerations.--
(i) In general.--In identifying
alternatives under paragraph (1), the
Secretary shall consider the
recommendations 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 authorities
participating in the school lunch
program under this Act.
(iii) Survey parameters.--The
Secretary shall establish 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 precision, minimum
survey response rates,
frequency of data collection,
and other criteria as
determined by the Secretary;
(II) be consistent with the
Standards and Guidelines for
Statistical Surveys, as
published by the Office of
Management and Budget;
(III) be consistent with
standards and requirements 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 students 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 breakfasts 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 during the
applicable period; or
(ii) further tested through
demonstration projects carried out by
the Secretary in accordance with
subparagraph (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;
(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 paragraph 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 similar demographic
characteristics--
(I) the accuracy of the 1 or
more methodologies adopted as
compared to the daily counting
by category 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
applications 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 determines to be
appropriate.
MISCELLANEOUS PROVISIONS AND DEFINITIONS
Sec. 12. (a) States, State educational agencies, and schools
participating in the school lunch program under this Act shall
keep such accounts and records as may be necessary to enable
the Secretary 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 excess 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
administering programs authorized under this Act or the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
the express requirements with respect to the operation
of the programs to the extent applicable and such other
provisions as in the opinion 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.).
(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 restrictions 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 instruction in any school.
(d) For the purposes of this Act--
(1) Child.--
(A) In general.--The term ``child'' includes
an individual, regardless of age, who--
(i) is determined by a State
educational agency, in accordance with
regulations prescribed by the
Secretary, 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
individuals with disabilities.
(B) Relationship to child and adult care food
program.--No institution that is not otherwise
eligible to participate in the program under
section 17 shall be considered eligible because
of this paragraph.
(2) ``Commodity only schools'' means schools that do
not participate 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 [in 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 Rehabilitation 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 Elementary and Secondary
Education Act of 1965.
(B) Inclusion.--The term ``local educational
agency'' includes, in the case of a private
nonprofit school, an appropriate 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 retarded, but
excluding Job Corps Centers funded by the Department of
Labor). For purposes of this paragraph, the term
``nonprofit'', 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.
(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.
[(7)] (8) ``Secretary'' means the Secretary of
Agriculture.
[(8)] (9) ``State'' means any of the fifty States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands.
[(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, commissioner 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 welfare 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
Commonwealth of the Northern Mariana Islands, the Secretary may
establish 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 reflect the differences between the costs of
providing meals and supplements in those States and the costs
of providing meals and supplements 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, willfully 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 incurred 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 Nutrition Act of 1966 may be used, as determined by a
local educational agency, to support a nonprofit nutrition
program for the elderly, including a program funded under the
Older Americans Act of 1965.
(j)(1) Except as provided in paragraph (2), the Secretary may
provide reimbursements for final claims for service of meals,
supplements, and milk submitted to State agencies by eligible
schools, summer camps, family day care homes, institutions, and
service institutions 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 submitted 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),
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 providers 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 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);
(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.
(l)(1)(A) [Except as provided in paragraph (4), the Secretary
may waive any requirement under this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued
under either such Act, for a State or eligible service provider
that requests a waiver] 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 regulation 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;
[(i)] (ii) the Secretary determines that the waiver
of the requirement would facilitate the ability of the
State or eligible service provider to carry out the
purpose of the program;
[(ii)] (iii) the State or eligible service provider
has provided notice and information to the public
regarding the proposed waiver; and
[(iii)] (iv) the State or eligible service provider
demonstrates to the satisfaction of the Secretary that
the waiver will not increase the overall cost of the
program to the Federal Government, and, if the waiver
does increase the overall cost to the Federal
Government, the cost will be paid from non-Federal
funds.
(B) The notice and information referred to in subparagraph
(A)(ii) shall be provided in the same manner in which the State
or eligible service provider customarily provides similar
notices and information to the public.
(2)(A) To request a waiver under paragraph (1), a State or
eligible service provider (through the appropriate
administering State agency) shall submit an application to the
Secretary that--
(i) identifies the statutory or regulatory
requirements that are requested to be waived;
(ii) in the case of a State requesting a waiver,
describes actions, if any, that the State has
undertaken to remove State statutory or regulatory
barriers;
(iii) describes the goal of the waiver to improve
services under the program and the expected outcomes if
the waiver is granted; and
(iv) includes a description of the impediments to the
efficient operation and administration of the program.
[(B) An application described in subparagraph (A) shall be
developed by the State or eligible service provider and shall
be submitted to the Secretary by the State.]
(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 support or opposition from the
State.
(3) The Secretary shall act promptly on a waiver request
contained in an application submitted under paragraph (2) and
shall either grant or deny the request. The Secretary shall
state in writing the reasons for granting or denying the
request.
(4) The Secretary may not grant a waiver under this
subsection that increases Federal costs or that relates to--
(A) the nutritional [content of meals served]
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 service authorities and service institutions
participating in a program 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 receiving free or reduced price meals and
other recipients of benefits;
(I) prohibiting the operation of a profit producing
program;
(J) the sale of competitive foods;
(K) the commodity distribution program under section
14;
(L) the special supplemental nutrition program
authorized under section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786); or
(M) enforcement of any constitutional or statutory
right of an individual, including any right under--
(i) title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.);
(ii) section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794);
(iii) title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.);
(iv) the Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.);
(v) the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.); and
(vi) the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
(5) The Secretary shall periodically review the performance
of any State or eligible service provider for which the
Secretary has granted a waiver under this subsection and shall
terminate the waiver if the performance of the State or service
provider has been inadequate to justify a continuation of the
waiver. The Secretary shall terminate the waiver if, after
periodic review, the Secretary determines that the waiver has
resulted in an increase in the overall cost of the program to
the Federal Government and the increase has not been paid for
in accordance with paragraph (1)(A)(iii).
(6) The Secretary shall annually submit to the Committee on
Education and Labor of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate, a report--
(A) summarizing the use of waivers by the State and
eligible service providers;
(B) describing whether the waivers resulted in
improved services to children;
(C) describing the impact of the waivers on providing
nutritional meals to participants; and
(D) describing how the waivers reduced the quantity
of paperwork necessary to administer the program.
(7) As used in this subsection, the term ``eligible service
provider'' means--
[(A) a local school food service authority;
[(B) a service institution or private nonprofit
organization described in section 13; or
[(C) a family or group day care home sponsoring
organization described in section 17.]
(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.
(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 section 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 specifications 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 [fiscal 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 produced in the United
States.
(2) Requirement.--
(A) In general.--Subject to subparagraph (B),
the Secretary 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--
(i) a school food authority located
in the
contiguous United States; and
(ii) a purchase of a domestic
commodity or product for 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).
(3) Applicability to hawaii.--Paragraph (2)(A) shall
apply to a school food authority in Hawaii with respect
to domestic commodities or products that are produced
in Hawaii in sufficient quantities to meet the needs of
meals provided 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).
(4) Applicability to puerto rico.--Paragraph (2)(A)
shall apply to a school food authority in the
Commonwealth of Puerto Rico with respect to domestic
commodities or products that are produced in the
Commonwealth of Puerto Rico in sufficient quantities to
meet the needs of meals provided 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).
(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 subparagraph (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 satisfactory
quality to meet the needs of
meals provided 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); and
(II) would be significantly
higher in price if purchased
domestically; and
(iii) whether the school food
authority experienced suspected,
alleged, 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 requirements 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 authority that
participates in the evaluation under
subparagraph (A) to disclose, 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 satisfactory
quality to meet the needs of
meals provided 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); and
(II) would be significantly
higher in price if purchased
domestically; and
(iii) whether the school food
authority experienced suspected,
alleged, 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 products in schools,
including with respect to--
(A) the availability of domestic commodities
or food products;
(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 domestic 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.
(o) Procurement Contracts.--In acquiring a good or service
for programs under this Act or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42
U.S.C. 1786)), a State, State agency, school, or school food
authority may enter into a contract with a person that has
provided specification information to the State, State agency,
school, or school food authority for use in developing contract
specifications for acquiring such good or service.
(p) Price for a Paid Lunch.--
(1) Definition of paid lunch.--In this subsection,
the term ``paid lunch'' means a reimbursable lunch
served to students who are not certified to receive
free or reduced price meals.
(2) Requirement.--
(A) In general.--For each school year
beginning July 1, 2011, each school food
authority shall establish a price for paid
lunches in accordance with this subsection.
(B) Lower price.--
(i) In general.--In the case of a
school food authority that established
a price for a paid lunch in the
previous school year that was less than
the difference between the total
Federal reimbursement for a free lunch
and the total Federal reimbursement for
a paid lunch, the school food authority
shall establish an average price for a
paid lunch that is not less than the
price charged in the previous school
year, as adjusted by a percentage equal
to the sum obtained by adding--
(I) 2 percent; and
(II) the percentage change in
the Consumer Price Index for
All Urban Consumers (food away
from home index) used to
increase the Federal
reimbursement rate under
section 11 for the most recent
school year for which data are
available, as published in the
Federal Register.
(ii) Rounding.--A school food
authority may round the adjusted price
for a paid lunch under clause (i) down
to the nearest 5 cents.
(iii) Maximum required price
increase.--
(I) In general.--The maximum
annual average price increase
required to meet the
requirements of this
subparagraph shall not exceed
10 cents for any school food
authority.
(II) Discretionary
increase.--A school food
authority may increase the
average price for a paid lunch
for a school year by more than
10 cents.
(C) Equal or greater price.--
(i) In general.--In the case of a
school food authority that established
an average price for a paid lunch in
the previous school year that was equal
to or greater than the difference
between the total Federal reimbursement
for a free lunch and the total Federal
reimbursement for a paid lunch, the
school food authority shall establish
an average price for a paid lunch that
is not less than the difference between
the total Federal reimbursement for a
free lunch and the total Federal
reimbursement for a paid lunch.
(ii) Rounding.--A school food
authority may round the adjusted price
for a paid lunch under clause (i) down
to the nearest 5 cents.
(3) Exceptions.--
(A) Reduction in price.--A school food
authority may reduce the average price of a
paid lunch established under this subsection if
the State agency ensures that funding from non-
Federal sources (other than in-kind
contributions) is added to the nonprofit school
food service account of the school food
authority in an amount estimated to be equal to
at least the difference between--
(i) the average price required of the
school food authority for the paid
lunches under paragraph (2); and
(ii) the average price charged by the
school food authority for the paid
lunches.
(B) Non-federal sources.--For the purposes of
subparagraph (A), non-Federal sources does not
include revenue from the sale of foods sold in
competition with meals served under the school
lunch program authorized under this Act or the
school breakfast program established by section
4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
(C) Other programs.--This subsection shall
not apply to lunches provided under section 17
of this Act.
(4) Regulations.--The Secretary shall establish
procedures to carry out this subsection, including
collecting and publishing the prices that school food
authorities charge for paid meals on an annual basis
and procedures that allow school food authorities to
average the pricing of paid lunches at schools
throughout the jurisdiction of the school food
authority.
(q) Nonprogram Food Sales.--
(1) Definition of nonprogram food.--In this
subsection:
(A) In general.--The term ``nonprogram food''
means food that is--
(i) sold in a participating school
other than a reimbursable meal provided
under this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.);
and
(ii) purchased using funds from the
nonprofit school food service account
of the school food authority of the
school.
(B) Inclusion.--The term ``nonprogram food''
includes food that is sold in competition with
a program established under this Act or the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
(2) Revenues.--
(A) In general.--The proportion of total
school food service revenue provided by the
sale of nonprogram foods to the total revenue
of the school food service account shall be
equal to or greater than the proportion of
total food costs associated with obtaining
nonprogram foods to the total costs associated
with obtaining program and nonprogram foods
from the account.
(B) Accrual.--All revenue from the sale of
nonprogram foods shall accrue to the nonprofit
school food service account of a participating
school food authority.
(C) Effective date.--This subsection shall be
effective beginning on July 1, 2011.
(r) Disqualified Schools, Institutions, and Individuals.--Any
school, institution, service institution, facility, or
individual that has been terminated from any program authorized
under this Act or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) and is on a list of disqualified institutions and
individuals under section 13 or section 17(d)(5)(E) of this Act
may not be approved to participate in or administer any program
authorized under this Act or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.).
SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) In General.--
(1) Definitions.--In this section:
(A) Area in which poor economic conditions
exist.--
(i) In general.--Subject to clause
(ii), the term ``area in which poor
economic conditions exist'', as the
term relates to an area in which a
program food service site is located,
means--
(I) the attendance area of a
school in which at least [50
percent] 40 percent of the
enrolled children have been
determined eligible for free or
reduced price school meals
under this Act and the Child
Nutrition Act of 1966 (42
U.S.C. 1771 et seq.);
(II) a geographic area, as
defined by the Secretary based
on the most recent census data
available, in which at least
[50 percent] 40 percent of the
children residing in that area
are eligible for free or
reduced price school meals
under this Act and the Child
Nutrition Act of 1966 (42
U.S.C. 1771 et seq.);
(III) an area--
(aa) for which the
program food service
site documents the
eligibility of enrolled
children through the
collection of income
eligibility statements
from the families of
enrolled children or
other means; and
(bb) at least [50
percent] 40 percent of
the children enrolled
at the program food
service site meet the
income standards for
free or reduced price
school meals under this
Act and the Child
Nutrition Act of 1966
(42 U.S.C. 1771 et
seq.);
(IV) a geographic area, as
defined by the Secretary based
on information provided from a
department of welfare or zoning
commission, in which at least
[50 percent] 40 percent of the
children residing in that area
are eligible for free or
reduced price school meals
under this Act and the Child
Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); or
(V) an area for which the
program food service site
demonstrates through other
means approved by the Secretary
that at least [50 percent] 40
percent of the children
enrolled at the program food
service site are eligible for
free or reduced price school
meals under this Act and the
Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(ii) Duration of determination.--A
determination that an area is an ``area
in which poor economic conditions
exist'' under clause (i) shall be in
effect for--
(I) in the case of an area
described in clause (i)(I), 5
years;
(II) in the case of an area
described in clause (i)(II),
until more recent census data
are available;
(III) in the case of an area
described in clause (i)(III), 1
year; and
(IV) in the case of an area
described in subclause (IV) or
(V) of clause (i), a period of
time to be determined by the
Secretary, but not less than 1
year.
(B) Children.--The term ``children'' means--
(i) individuals who are 18 years of
age and under; and
(ii) individuals who are older than
18 years of age who are--
(I) determined by a State
educational agency or a local
public educational agency of a
State, in accordance with
regulations promulgated by the
Secretary, to have a
disability, and
(II) participating in a
public or nonprofit private
school program established for
individuals who have a
disability.
(C) Program.--The term ``program'' means the
summer food service program for children
authorized by this section.
(D) Service institution.--The term ``service
institution'' means a public or private
nonprofit school food authority, local,
municipal, or county government, public or
private nonprofit higher education institution
participating in the National Youth Sports
Program, or residential public or private
nonprofit summer camp, that develops special
summer or school vacation programs providing
food service similar to food service made
available to children during the school year
under the school lunch program under this Act
or the school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(E) State.--The term ``State'' means--
(i) each of the several States of the
United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto
Rico;
(iv) Guam;
(v) American Samoa;
(vi) the Commonwealth of the Northern
Mariana Islands; and
(vii) the United States Virgin
Islands.
(2) Program authorization.--
(A) In general.--The Secretary may carry out
a program to assist States, through grants-in-
aid and other means, to initiate and maintain
nonprofit summer food service programs for
children in service institutions.
(B) Preparation of food.--
(i) In general.--To the maximum
extent feasible, consistent with the
purposes of this section, any food
service under the program shall use
meals prepared at the facilities of the
service institution or at the food
service facilities of public and
nonprofit private schools.
(ii) Information and technical
assistance.--The Secretary shall assist
States in the development of
information and technical assistance to
encourage increased service of meals
prepared at the facilities of service
institutions and at public and
nonprofit private schools.
(3) Eligible service institutions.--Eligible service
institutions entitled to participate in the program
shall be limited to those that--
(A) demonstrate adequate administrative and
financial responsibility to manage an effective
food service;
(B) have not been seriously deficient in
operating under the program;
(C)(i) conduct a regularly scheduled food
service for children from areas in which poor
economic conditions exist; or
(ii) qualify as camps; and
(D) provide an ongoing year-round service to
the community to be served under the program
(except that an otherwise eligible service
institution shall not be disqualified for
failure to meet this requirement for ongoing
year-round service if the State determines that
its disqualification would result in an area in
which poor economic conditions exist not being
served or in a significant number of needy
children not having reasonable access to a
summer food service program).
(4) Priority.--
(A) In general.--The following order of
priority shall be used by the State in
determining participation where more than one
eligible service institution proposes to serve
the same area:
(i) Local schools.
(ii) All other service institutions
and private nonprofit organizations
eligible under paragraph (7) that have
demonstrated successful program
performance in a prior year.
(iii) New public institutions.
(iv) New private nonprofit
organizations eligible under paragraph
(7).
(B) Rural areas.--The Secretary and the
States, in carrying out their respective
functions under this section, shall actively
seek eligible service institutions located in
rural areas, for the purpose of assisting such
service institutions in applying to participate
in the program.
(5) Camps.--Camps that satisfy all other eligibility
requirements of this section shall receive
reimbursement only for meals served to children who
meet the eligibility requirements for free or reduced
price meals, as determined under this Act and the Child
Nutrition Act of 1966.
(6) Government institutions.--Service institutions
that are local, municipal, or county governments shall
be eligible for reimbursement for meals served in
programs under this section only if such programs are
operated directly by such governments.
(7) Private nonprofit organizations.--
(A) Definition of private nonprofit
organization.--In this paragraph, the term
``private nonprofit organization'' means an
organization that--
(i) exercises full control and
authority over the operation of the
program at all sites under the
sponsorship of the organization;
(ii) provides ongoing year-round
activities for children or families;
(iii) demonstrates that the
organization has adequate management
and the fiscal capacity to operate a
program under this section;
(iv) is an organization described in
section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation
under 501(a) of that Code; and
(v) meets applicable State and local
health, safety, and sanitation
standards.
(B) Eligibility.--Private nonprofit
organizations (other than organizations
eligible under paragraph (1)) shall be eligible
for the program under the same terms and
conditions as other service institutions.
[(8) Seamless summer option.--Except as otherwise
determined by the Secretary, a service institution that
is a public or private nonprofit 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.).
[(9) Exemption.--
[(A) In general.--For each of calendar years
2005 and 2006 in rural areas of the State of
Pennsylvania (as determined by the Secretary),
the threshold for determining ``areas in which
poor economic conditions exist'' under
paragraph (1)(C) shall be 40 percent.
[(B) Evaluation.--
[(i) In general.--The Secretary,
acting through the Administrator of the
Food and Nutrition Service, shall
evaluate the impact of the eligibility
criteria described in subparagraph (A)
as compared to the eligibility criteria
described in paragraph (1)(C).
[(ii) Impact.--The evaluation shall
assess the impact of the threshold in
subparagraph (A) on--
[(I) the number of sponsors
offering meals through the
summer food service program;
[(II) the number of sites
offering meals through the
summer food service program;
[(III) the geographic
location of the sites;
[(IV) services provided to
eligible children; and
[(V) other factors determined
by the Secretary.
[(iii) Report.--Not later than
January 1, 2008, the Secretary shall
submit to the Committee on Education
and the Workforce of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate a report describing the
results of the evaluation under this
subparagraph.
[(iv) Funding.--
[(I) In general.--On January
1, 2005, out of any funds in
the Treasury not otherwise
appropriated, the Secretary of
the Treasury shall transfer to
the Secretary of Agriculture to
carry out this subparagraph
$400,000, to remain available
until expended.
[(II) Receipt and
acceptance.--The Secretary
shall be entitled to receive,
shall accept, and shall use to
carry out this subparagraph the
funds transferred under
subclause (I), without further
appropriation.
[(10) Summer food service rural transportation.--
[(A) In general.--The Secretary shall provide
grants, through not more than 5 eligible State
agencies selected by the Secretary, to not more
than 60 eligible service institutions selected
by the Secretary to increase participation at
congregate feeding sites in the summer food
service program for children authorized by this
section through innovative approaches to
limited transportation in rural areas.
[(B) Eligibility.--To be eligible to receive
a grant under this paragraph--
[(i) a State agency shall submit an
application to the Secretary, in such
manner as the Secretary shall
establish, and meet criteria
established by the Secretary; and
[(ii) a service institution shall
agree to the terms and conditions of
the grant, as established by the
Secretary.
[(C) Duration.--A service institution that
receives a grant under this paragraph may use
the grant funds during the 3-fiscal year period
beginning in fiscal year 2006.
[(D) Reports.--The Secretary shall submit to
the Committee on Education and the Workforce of
the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the
Senate--
[(i) not later than January 1, 2008,
an interim report that describes--
[(I) the use of funds made
available under this paragraph;
and
[(II) any progress made by
using funds from each grant
provided under this paragraph;
and
[(ii) not later than January 1, 2009,
a final report that describes--
[(I) the use of funds made
available under this paragraph;
[(II) any progress made by
using funds from each grant
provided under this paragraph;
[(III) the impact of this
paragraph on participation in
the summer food service program
for children authorized by this
section; and
[(IV) any recommendations by
the Secretary concerning the
activities of the service
institutions receiving grants
under this paragraph.
[(E) Funding.--
[(i) In general.--Out of any funds in
the Treasury not otherwise
appropriated, the Secretary of the
Treasury shall transfer to the
Secretary of Agriculture to carry out
this paragraph--
[(I) on October 1, 2005,
$2,000,000; and
[(II) on October 1, 2006, and
October 1, 2007, $1,000,000.
[(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive,
shall accept, and shall use to carry
out this paragraph the funds
transferred under clause (i), without
further appropriation.
[(iii) Availability of funds.--Funds
transferred under clause (i) shall
remain available until expended.
[(iv) Reallocation.--The Secretary
may reallocate any amounts made
available to carry out this paragraph
that are not obligated or expended, as
determined by the Secretary.]
(8) Year-round meal service.--
(A) Seamless summer option for schools.--
Except as otherwise determined by the
Secretary, a service institution that is a
public or private nonprofit 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
subparagraph (A)), in addition to being
eligible for reimbursement for meals described
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 enrichment
activities during the regular school year
during--
(i) afterschool hours;
(ii) weekends; and
(iii) school holidays.
(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 service
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
transportation 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
established 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 appropriated to the
Secretary to make competitive grants under this
paragraph, $10,000,000 for each fiscal year.
[(11)] (10) Outreach to eligible families.--
(A) In general.--The Secretary shall require
each State agency that administers the national
school lunch program under this Act to ensure
that, to the maximum extent practicable, school
food authorities participating in the school
lunch program under this Act cooperate with
participating service institutions to
distribute materials to inform families of--
(i) the availability and location of
summer food service program meals; and
(ii) the availability of reimbursable
breakfasts served under the school
breakfast program established by
section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773).
(B) Inclusions.--Informational activities
carried out under subparagraph (A) may
include--
(i) the development or dissemination
of culturally and linguistically
appropriate printed materials, to be
distributed to all school children or
the families of school children prior
to the end of the school year, that
inform families of the availability and
location of summer food service program
meals;
(ii) the development or dissemination
of culturally and linguistically
appropriate materials, to be
distributed using electronic means to
all school children or the families of
school children prior to the end of the
school year, that inform families of
the availability and location of summer
food service program meals; and
(iii) such other activities as are
approved by the applicable State agency
to promote the availability and
location of summer food service program
meals to school children and the
families of school children.
(C) Multiple state agencies.--If the State
agency administering the program under this
section is not the same State agency that
administers the school lunch program under this
Act, the 2 State agencies shall work
cooperatively to implement this paragraph.
[(12)] (11) Summer food service support grants.--
(A) In general.--The Secretary shall use
funds made available to carry out this
paragraph to award grants on a competitive
basis to State agencies to provide to eligible
service institutions--
(i) technical assistance;
(ii) assistance with site improvement
costs; or
(iii) other innovative activities
that improve and encourage sponsor
retention.
(B) Eligibility.--To be eligible to receive a
grant under this paragraph, a State agency
shall submit an application to the Secretary in
such manner, at such time, and containing such
information as the Secretary may require.
(C) Priority.--In making grants under this
paragraph, the Secretary shall give priority
to--
(i) applications from States with
significant low-income child
populations; and
(ii) State plans that demonstrate
innovative approaches to retain and
support summer food service programs
after the expiration of the start-up
funding grants.
(D) Use of funds.--A State and eligible
service institution may use funds made
available under this paragraph to pay for such
costs as the Secretary determines are necessary
to establish and maintain summer food service
programs.
(E) Reallocation.--The Secretary may
reallocate any amounts made available to carry
out this paragraph that are not obligated or
expended, as determined by the Secretary.
(F) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this paragraph $20,000,000 for fiscal years
2011 through 2015.
(b) Service Institutions.--
(1) Payments.--
(A) In general.--Subject to subparagraph (B)
and in addition to amounts made available under
paragraph (3), payments to service institutions
shall be--
(i) $1.97 for each lunch and supper
served;
(ii) $1.13 for each breakfast served;
and
(iii) 46 cents for each meal
supplement served.
(B) Adjustments.--Amounts specified in
subparagraph (A) shall be adjusted on January
1, 1997, and each January 1 thereafter, to the
nearest lower cent increment to reflect changes
for the 12-month period [ending the preceding
November] ending on the preceding October 30 in
the series for food away from home of the
Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of
the Department of Labor. Each adjustment shall
be based on the unrounded adjustment for the
prior 12-month period.
(C) Seamless summer reimbursements.--A
service institution described in subsection
(a)(8) shall be reimbursed for meals and meal
supplements in accordance with the applicable
provisions under this Act (other than
subparagraphs (A) and (B) of this paragraph and
paragraph (4)) and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.), as determined by
the Secretary.
(2) Any service institution may [only serve lunch and either
breakfast or a meal supplement during each day of operation,
except that any service institution that is a camp or that
serves meals primarily to migrant children may] serve up to 3
meals, or 2 meals and 1 supplement, during each day of
operation, if (A) the service institution has the
administrative capability and the food preparation and food
holding capabilities (where applicable) to serve more than one
meal per day, and (B) the service period of different meals
does not coincide or overlap.
(3) Permanent operating agreements and budget for
administrative costs.--
(A) Permanent operating agreements.--
(i) In general.--Subject to clauses
(ii) and (iii), to participate in the
program, a service institution that
meets the conditions of eligibility
described in this section and in
regulations promulgated by the
Secretary, shall be required to enter
into a permanent agreement with the
applicable State agency.
(ii) Amendments.--A permanent
agreement described in clause (i) may
be amended as necessary to ensure that
the service institution is in
compliance with all requirements
established in this section or by the
Secretary.
(iii) Termination.--A permanent
agreement described in clause (i)--
(I) may be terminated for
convenience by the service
institution and State agency
that is a party to the
permanent agreement; and
(II) shall be terminated--
(aa) for cause by the
applicable State agency
in accordance with
subsection (q) and with
regulations promulgated
by the Secretary; or
(bb) on termination
of participation of the
service institution in
the program.
(B) Budget for administrative costs.--
(i) In general.--When applying for
participation in the program, and not
less frequently than annually
thereafter, each service institution
shall submit a complete budget for
administrative costs related to the
program, which shall be subject to
approval by the State.
(ii) Amount.--Payment to service
institutions for administrative costs
shall equal the levels determined by
the Secretary pursuant to the study
required in paragraph (4).
(4)(A) The Secretary shall conduct a study of the food
service operations carried out under the program. Such study
shall include, but shall not be limited to--
(i) an evaluation of meal quality as related to
costs; and
(ii) a determination whether adjustments in the
maximum reimbursement levels for food service operation
costs prescribed in paragraph (1) of this subsection
should be made, including whether different
reimbursement levels should be established for self-
prepared meals and vendored meals and which site-
related costs, if any, should be considered as part of
administrative costs.
(B) The Secretary shall also study the administrative costs
of service institutions participating in the program and shall
thereafter prescribe maximum allowable levels for
administrative payments that reflect the costs of such service
institutions, taking into account the number of sites and
children served, and such other factors as the Secretary
determines appropriate to further the goals of efficient and
effective administration of the program.
(C) The Secretary shall report the results of such studies to
Congress not later than December 1, 1977.
(c)(1) Payments shall be made to service institutions only
for meals served during the months of May through September,
except in the case of service institutions that operate food
service programs for children on school vacation at any time
under a continuous school calendar or that provide meal service
[at non-school sites] to children who are not in school for a
period during the months of October through April due to a
natural disaster, building repair, court order, or similar
cause.
(2) Children participating in National Youth Sports Programs
operated by higher education institutions shall be eligible to
participate in the program under this paragraph on showing
residence in areas in which poor economic conditions exist or
on the basis of income eligibility statements for children
enrolled in the program.
(d) Not later than April 15, May 15, and July 1 of each year,
the Secretary shall forward to each State a letter of credit
(advance program payment) that shall be available to each State
for the payment of meals to be served in the month for which
the letter of credit is issued. The amount of the advance
program payment shall be an amount which the State
demonstrates, to the satisfaction of the Secretary, to be
necessary for advance program payments to service institutions
in accordance with subsection (e) of this section. The
Secretary shall also forward such advance program payments, by
the first day of the month prior to the month in which the
program will be conducted, to States that operate the program
in months other than May through September. The Secretary shall
forward any remaining payments due pursuant to subsection (b)
of this section not later than sixty days following receipt of
valid claims therefor.
(e)(1) Not later than June 1, July 15, and August 15 of each
year, or, in the case of service institutions that operate
under a continuous school calendar, the first day of each month
of operation, the State shall forward advance program payments
to each service institution. The State shall not release the
second month's advance program payment to any service
institution (excluding a school) that has not certified that it
has held training sessions for its own personnel and the site
personnel with regard to program duties and responsibilities.
No advance program payment may be made for any month in which
the service institution will operate under the program for less
than ten days.
(2) The amount of the advance program payment for any month
in the case of any service institution shall be an amount equal
to (A) the total program payment for meals served by such
service institution in the same calendar month of the preceding
calendar year, (B) 50 percent of the amount established by the
State to be needed by such service institution for meals if
such service institution contracts with a food service
management company, or (C) 65 percent of the amount established
by the State to be needed by such service institution for meals
if such service institution prepares its own meals, whichever
amount is greatest: Provided, That the advance program payment
may not exceed the total amount estimated by the State to be
needed by such service institution for meals to be served in
the month for which such advance program payment is made or
$40,000, whichever is less, except that a State may make a
larger advance program payment to such service institution
where the State determines that such larger payment is
necessary for the operation of the program by such service
institution and sufficient administrative and management
capability to justify a larger payment is demonstrated. The
State shall forward any remaining payment due a service
institution not later than seventy-five days following receipt
of valid claims. If the State has reason to believe that a
service institution will not be able to submit a valid claim
for reimbursement covering the period for which an advance
program payment has been made, the subsequent month's advance
program payment shall be withheld until such time as the State
has received a valid claim. Program payments advanced to
service institutions that are not subsequently deducted from a
valid claim for reimbursement shall be repaid upon demand by
the State. Any prior payment that is under dispute may be
subtracted from an advance program payment.
(f)(1) Service institutions receiving funds under this
section shall serve meals consisting of a combination of foods
and meeting minimum nutritional standards prescribed by the
Secretary on the basis of tested nutritional research.
(2) The Secretary shall provide technical assistance to
service institutions and private nonprofit organizations
participating in the program to assist the institutions and
organizations in complying with the nutritional requirements
prescribed by the Secretary pursuant to this subsection.
(3) Meals described in paragraph (1) shall be served without
cost to children attending service institutions approved for
operation under this section, except that, in the case of
camps, charges may be made for meals served to children other
than those who meet the eligibility requirements for free or
reduced price meals in accordance with subsection (a)(5) of
this section.
(4) To assure meal quality, States shall, with the assistance
of the Secretary, prescribe model meal specifications and model
food quality standards, and ensure that all service
institutions contracting for the preparation of meals with food
service management companies include in their contracts menu
cycles, local food safety standards, and food quality standards
approved by the State.
(5) Such contracts shall require (A) periodic inspections, by
an independent agency or the local health department for the
locality in which the meals are served, of meals prepared in
accordance with the contract in order to determine bacteria
levels present in such meals, and (B) conformance with
standards set by local health authorities.
(6) Such inspections and any testing resulting therefrom
shall be in accordance with the practices employed by such
local health authority.
(7) Offer versus serve.--A [school food authority
participating as a] service institution may permit a
child to refuse one or more items of a meal that the
child does not intend to consume[, under rules that the
school uses for school meals programs]. A refusal of an
offered food item shall not affect the amount of
payments made under this section [to a school] to a
service institution for the meal.
(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 regulations to update the
nutrition standards for the summer food service program
authorized 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.
(g) The Secretary shall publish proposed regulations relating
to the implementation of the program by November 1 of each
fiscal year, final regulations by January 1 of each fiscal
year, and guidelines, applications and handbooks by February 1
of each fiscal year. In order to improve program planning, the
Secretary may provide that service institutions be paid as
startup costs not to exceed 20 percent of the administrative
funds provided for in the administrative budget approved by the
State under subsection (b)(3) of this section. Any payments
made for startup costs shall be subtracted from amounts
otherwise payable for administrative costs subsequently made to
service institutions under subsection (b)(3) of this section.
(h) Each service institution shall, insofar as practicable,
use in its food service under the program foods designated from
time to time by the Secretary as being in abundance. The
Secretary is authorized to donate to States, for distribution
to service institutions, food available under section 416 of
the Agricultural Act of 1949, or purchased under section 32 of
the Act of August 24, 1935 or section 709 of the Food and
Agriculture Act of 1965. Donated foods may be distributed only
to service institutions that can use commodities efficiently
and effectively, as determined by the Secretary.
(j) Expenditures of funds from State and local sources for
the maintenance of food programs for children shall not be
diminished as a result of funds received under this section.
(k)(1) The Secretary shall pay to each State for its
administrative costs incurred under this section in any fiscal
year an amount equal to (A) 20 percent of the first $50,000 in
funds distributed to that State for the program in the
preceding fiscal year; (B) 10 percent of the next $100,000
distributed to that State for the program in the preceding
fiscal year; (C) 5 percent of the next $250,000 in funds
distributed to that State for the program in the preceding
fiscal year, and (D) 2\1/2\ percent of any remaining funds
distributed to that State for the program in the preceding
fiscal year: Provided, That such amounts may be adjusted by the
Secretary to reflect changes in the size of that State's
program since the preceding fiscal year.
(2) The Secretary shall establish standards and effective
dates for the proper, efficient, and effective administration
of the program by the State. If the Secretary finds that the
State has failed without good cause to meet any of the
Secretary's standards or has failed without good cause to carry
out the approved State management and administration plan under
subsection (n) of this section, the Secretary may withhold from
the State such funds authorized under this subsection as the
Secretary determines to be appropriate.
(3) To provide for adequate nutritional and food quality
monitoring, and to further the implementation of the program,
an additional amount, not to exceed the lesser of actual costs
or 1 percent of program funds, shall be made available by the
Secretary to States to pay for State or local health department
inspections, and to reinspect facilities and deliveries to test
meal quality.
(l)(1) Service institutions may contract on a competitive
basis with food service management companies for the furnishing
of meals or management of the entire food service under the
program, except that a food service management company entering
into a contract with a service institution under this section
may not subcontract with a single company for the total meal,
with or without milk, or for the assembly of the meal. The
Secretary shall prescribe additional conditions and limitations
governing assignment of all or any part of a contract entered
into by a food service management company under this section.
Any food service management company shall, in its bid, provide
the service institution information as to its meal capacity.
(2) Each State may provide for the registration of food
service management companies.
(3) In accordance with regulations issued by the Secretary,
positive efforts shall be made by service institutions to use
small businesses and minority-owned businesses as sources of
supplies and services. Such efforts shall afford those sources
the maximum feasible opportunity to compete for contracts using
program funds.
(4) Each State, with the assistance of the Secretary, shall
establish a standard form of contract for use by service
institutions and food service management companies. The
Secretary shall prescribe requirements governing bid and
contract procedures for acquisition of the services of food
service management companies, including, but not limited to,
bonding requirements (which may provide exemptions applicable
to contracts of $100,000 or less), procedures for review of
contracts by States, and safeguards to prevent collusive
bidding activities between service institutions and food
service management companies.
(m) States and service institutions participating in programs
under this section shall keep such accounts and records as may
be necessary to enable the Secretary to determine whether there
has been compliance with this section and the regulations
issued hereunder. 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 excess of five years, as the
Secretary determines necessary.
(n) Each State desiring to participate in the program shall
notify the Secretary by January 1 of each year of its intent to
administer the program and shall submit for approval by
February 15 a management and administration plan for the
program for the fiscal year, which shall include, but not be
limited to, (1) the State's administrative budget for the
fiscal year, and the State's plans to comply with any standards
prescribed by the Secretary under subsection (k) of this
section; (2) the State's plans for use of program funds and
funds from within the State to the maximum extent practicable
to reach needy children; (3) the State's plans for providing
technical assistance and training eligible service
institutions; (4) the State's plans for monitoring and
inspecting service institutions, feeding sites, and food
service management companies and for ensuring that such
companies do not enter into contracts for more meals than they
can provide effectively and efficiently; (5) the State's plan
for timely and effective action against program violators; and
(6) the State's plan for ensuring fiscal integrity by auditing
service institutions not subject to auditing requirements
prescribed by the Secretary.
(o)(1) Whoever, in connection with any application,
procurement, recordkeeping entry, claim for reimbursement, or
other document or statement made in connection with the
program, knowingly and willfully falsifies, conceals, or covers
up by any trick, scheme, or device a material fact, or makes
any false, fictitious, or fraudulent statements or
representations, or makes or uses any false writing or document
knowing the same to contain any false, fictitious, or
fraudulent statement or entry, or whoever, in connection with
the program, knowingly makes an opportunity for any person to
defraud the United States, or does or omits to do any act with
intent to enable any person to defraud the United States, shall
be fined not more than $10,000 or imprisoned not more than five
years, or both.
(2) Whoever being a partner, officer, director, or managing
agent connected in any capacity with any partnership,
association, corporation, business, or organization, either
public or private, that receives benefits under the program,
knowingly or willfully embezzles, misapplies, steals, or
obtains by fraud, false statement, or forgery, any benefits
provided by this section or any money, funds, assets, or
property derived from benefits provided by this section, shall
be fined not more than $10,000 or imprisoned for not more than
five years, or both (but, if the benefits, money, funds,
assets, or property involved is not over $200, then the penalty
shall be a fine or not more than $1,000 or imprisonment for not
more than one year, or both).
(3) If two or more persons conspire or collude to accomplish
any act made unlawful under this subsection, and one or more of
such persons to any act to effect the object of the conspiracy
or collusion, each shall be fined not more than $10,000 or
imprisoned for not more than five years, or both.
(p)(1) In addition to the normal monitoring of organizations
receiving assistance under this section, the Secretary shall
establish a system under which the Secretary and the States
shall monitor the compliance of private nonprofit organizations
with the requirements of this section and with regulations
issued to implement this section.
(2) In the fiscal year 1990 and each succeeding fiscal year,
the Secretary may reserve for purposes of carrying out
paragraph (1) not more than \1/2\ of 1 percent of amounts
appropriated for purposes of carrying out this section.
(q) Termination and Disqualification of Participating
Organizations.--
(1) In general.--Each State agency shall follow the
procedures established by the Secretary for the
termination of participation of institutions under the
program.
(2) Fair hearing.--The procedures described in
paragraph (1) shall include provision for a fair
hearing and prompt determination for any service
institution aggrieved by any action of the State agency
that affects--
(A) the participation of the service
institution in the program; or
(B) the claim of the service institution for
reimbursement under this section.
(3) List of disqualified institutions and
individuals.--
(A) In general.--The Secretary shall maintain
a list of service institutions and individuals
that have been terminated or otherwise
disqualified from participation in the program
under the procedures established pursuant to
paragraph (1).
(B) Availability.--The Secretary shall make
the list available to States for use in
approving or renewing applications by service
institutions for participation in the program.
(r) For the period beginning October 1, 1977, and ending
September 30, [2015] 2028, there are hereby authorized to be
appropriated such sums as are necessary to carry out the
purposes of this section.
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 benefits transfer during the summer
months for eligible children, to ensure continued
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 participated in a
demonstration program under section
749(g) of the Agriculture, Rural
Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 2010 (Public Law
111-80; 123 Stat. 2132) during calendar
year 2018 using a WIC model, summer EBT
benefits 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 subsection
(a) by a State not described in clause
(i) may only be used by the eligible
household that receives such summer EBT
benefits to purchase 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)).
(B) Benefits issued by covered indian tribal
organizations.--Summer 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
(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 certified, 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 further
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 organizations 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 special
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 summer, 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 subsection
(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 application 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 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
subparagraph; and
(ii) allow for different cultural
eating patterns than foods described in
such subparagraph.
* * * * * * *
SEC. 17. CHILD AND ADULT CARE FOOD PROGRAM.
(a) Program Purpose, Grant Authority and Institution
Eligibility.--
(1) In general.--
(A) Program purpose.--
(i) Findings.--Congress finds that--
(I) eating habits and other
wellness-related behavior
habits are established early in
life; and
(II) good nutrition and
wellness are important
contributors to the overall
health of young children and
essential to cognitive
development.
(ii) Purpose.--The purpose of the
program authorized by this section is
to provide aid to child and adult care
institutions and family or group day
care homes for the provision of
nutritious foods that contribute to the
wellness, healthy growth, and
development of young children, and the
health and wellness of older adults and
chronically impaired disabled persons.
(B) Grant authority.--The Secretary may carry
out a program to assist States through grants-
in-aid and other means to initiate and maintain
nonprofit food service programs for children in
institutions providing child care.
(2) Definition of institution.--In this section, the
term ``institution'' means--
(A) any public or private nonprofit
organization providing nonresidential child
care or day care outside school hours for
school children, including any child care
center, settlement house, recreational center,
Head Start center, and institution providing
child care facilities for children with
disabilities;
(B) any other private organization providing
nonresidential child care or day care outside
school hours for school children, if--
(i) at least 25 percent of the
children served by the organization
meet the income eligibility criteria
established under section 9(b) for free
or reduced price meals; or
(ii) the organization receives
compensation from amounts granted to
the States under title XX of the Social
Security Act (42 U.S.C. 1397 et seq.)
(but only if the organization receives
compensation under that title for at
least 25 percent of its enrolled
children or 25 percent of its licensed
capacity, whichever is less);
(C) any public or private nonprofit
organization acting as a sponsoring
organization for one or more of the
organizations described in subparagraph (A) or
(B) or for an adult day care center (as defined
in subsection (o)(2));
(D) any other private organization acting as
a sponsoring organization for, and that is part
of the same legal entity as, one or more
organizations that are--
(i) described in subparagraph (B); or
(ii) proprietary title XIX or title
XX centers (as defined in subsection
(o)(2));
(E) any public or private nonprofit
organization acting as a sponsoring
organization for one or more family or group
day care homes; and
(F) any emergency shelter (as defined in
subsection (t)).
(3) Age limit.--Except as provided in subsection (r),
reimbursement may be provided under this section only
for meals or supplements served to children not over 12
years of age (except that such age limitation shall not
be applicable for children of migrant workers if 15
years of age or less or for children with
disabilities).
(4) Additional guidelines.--The Secretary may
establish separate guidelines for institutions that
provide care to school children outside of school
hours.
(5) Licensing.--In order to be eligible, an
institution (except a school or family or group day
care home sponsoring organization) or family or group
day care home shall--
(A)(i) be licensed, or otherwise have
approval, by the appropriate Federal, State, or
local licensing authority; or
(ii) be in compliance with appropriate
procedures for renewing participation in the
program, as prescribed by the Secretary, and
not be the subject of information possessed by
the State indicating that the license of the
institution or home will not be renewed;
(B) if Federal, State, or local licensing or
approval is not available--
(i) meet any alternate approval
standards established by the
appropriate State or local governmental
agency; or
(ii) meet any alternate approval
standards established by the Secretary
after consultation with the Secretary
of Health and Human Services; or
(C) if the institution provides care to
school children outside of school hours and
Federal, State, or local licensing or approval
is not required for the institution, meet State
or local health and safety standards.
(6) Eligibility criteria.--No institution shall be
eligible to participate in the program unless it
satisfies the following [criteria:] criteria--
(A) accepts final administrative and
financial responsibility for management of an
effective food service;
(B) has not been seriously deficient in its
operation of the child and adult care food
program, or any other program under this Act or
the Child Nutrition Act of 1966, or has not
been determined to be ineligible to participate
in any other publicly funded program by reason
of violation of the requirements of the
program, for a period of time specified by the
Secretary;
(C)(i) will provide adequate supervisory and
operational personnel for overall monitoring
and management of the child care food program;
and
(ii) in the case of a sponsoring
organization, the organization shall employ an
appropriate number of monitoring personnel
based on the number and characteristics of
child care centers and family or group day care
homes sponsored by the organization, as
approved by the State (in accordance with
regulations promulgated by the Secretary), to
ensure effective oversight of the operations of
the child care centers and family or group day
care homes;
(D) in the case of a family or group day care
home sponsoring organization that employs more
than one employee, the organization does not
base payments to an employee of the
organization on the number of family or group
day care homes recruited;
(E) in the case of a sponsoring organization,
the organization has in effect a policy that
restricts other employment by employees that
interferes with the responsibilities and duties
of the employees of the organization with
respect to the program; [and]
(F) in the case of a sponsoring organization
that applies for initial participation in the
program on or after the date of the enactment
of this subparagraph and that operates in a
State that requires such institutions to be
bonded under State law, regulation, or policy,
the institution is bonded in accordance with
such law, regulation, or policy[.]; and
(G) in the case of an institution described
in paragraph (2)(B), the eligibility of such
institution shall be determined on an annual
basis in accordance with this section.
(b) For the fiscal year ending September 30, 1979, and for
each subsequent fiscal year, the Secretary shall provide cash
assistance to States for meals as provided in subsection (f) of
this section, except that, in any fiscal year, the aggregate
amount of assistance provided to a State by the Secretary under
this section shall not exceed the sum of (1) the Federal funds
provided by the State to participating institutions within the
State for that fiscal year and (2) any funds used by the State
under section 10 of the Child Nutrition Act of 1966.
(c)(1) For purposes of this section, except as provided in
subsection (f)(3), the national average payment rate for free
lunches and suppers, the national average payment rate for
reduced price lunches and suppers, and the national average
payment rate for paid lunches and suppers shall be the same as
the national average payment rates for free lunches, reduced
price lunches, and paid lunches, respectively, under sections 4
and 11 of this Act as appropriate (as adjusted pursuant to
section 11(a) of this Act).
(2) For purposes of this section, except as provided in
subsection (f)(3), the national average payment rate for free
breakfasts, the national average payment rate for reduced price
breakfasts, and the national average payment rate for paid
breakfasts shall be the same as the national average payment
rates for free breakfasts, reduced price breakfasts, and paid
breakfasts, respectively, under section 4(b) of the Child
Nutrition Act of 1966 (as adjusted pursuant to section 11(a) of
this Act).
(3) For purposes of this section, except as provided in
subsection (f)(3), the national average payment rate for free
supplements shall be 30 cents, the national average payment
rate for reduced price supplements shall be one-half the rate
for free supplements, and the national average payment rate for
paid supplements shall be 2.75 cents (as adjusted pursuant to
section 11(a) of this Act).
(4) Determinations with regard to eligibility for free and
reduced price meals and supplements shall be made in accordance
with the income eligibility guidelines for free lunches and
reduced price lunches, respectively, under section 9 of this
Act.
(5) A child shall be considered automatically eligible for
benefits under this section without further application or
eligibility determination, if the child is enrolled as a
participant in a Head Start program authorized under the Head
Start Act (42 U.S.C. 9831 et seq.), on the basis of a
determination that the child meets the eligibility criteria
prescribed under section 645(a)(1)(B) of the Head Start Act (42
U.S.C. 9840(a)(1)(B)).
(6) A child who has not yet entered kindergarten shall be
considered automatically eligible for benefits under this
section without further application or eligibility
determination if the child is enrolled as a participant in the
Even Start program under part B of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741
et seq.).
(7) Automatic eligibility for children in
supplemental nutrition assistance households.--A child
shall be considered automatically eligible for benefits
under this section without further application or
eligibility determination if the child is a member of a
household receiving assistance under the supplemental
nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(d) Institution Approval and Applications.--
(1) Institution approval.--
(A) Administrative capability.--Subject to
subparagraph (B) and except as provided in
subparagraph (C), the State agency shall
approve an institution that meets the
requirements of this section for participation
in the child and adult care food program if the
State agency determines that the institution--
(i) is financially viable;
(ii) is administratively capable of
operating the program (including
whether the sponsoring organization has
business experience and management
plans appropriate to operate the
program) described in the application
of the institution; and
(iii) has internal controls in effect
to ensure program accountability.
(B) Approval of private institutions.--
(i) In general.--In addition to the
requirements established by
subparagraph (A) and subject to clause
(ii), the State agency shall approve a
private institution that meets the
requirements of this section for
participation in the child and adult
care food program only if--
(I) the State agency conducts
a satisfactory visit to the
institution before approving
the participation of the
institution in the program; and
(II) the institution--
(aa) has tax exempt
status under the
Internal Revenue Code
of 1986;
(bb) is operating a
Federal program
requiring nonprofit
status to participate
in the program; or
(cc) is described in
subsection (a)(2)(B).
(ii) Exception for family or group
day care homes.--Clause (i) shall not
apply to a family or group day care
home.
(C) Exception for certain sponsoring
organizations.--
(i) In general.--The State agency may
approve an eligible institution acting
as a sponsoring organization for one or
more family or group day care homes or
centers that, at the time of
application, is not participating in
the child and adult care food program
only if the State agency determines
that--
(I) the institution meets the
requirements established by
subparagraphs (A) and (B); and
(II) the participation of the
institution will help to ensure
the delivery of benefits to
otherwise unserved family or
group day care homes or centers
or to unserved children in an
area.
(ii) Criteria for selection.--The
State agency shall establish criteria
for approving an eligible institution
acting as a sponsoring organization for
one or more family or group day care
homes or centers that, at the time of
application, is not participating in
the child and adult care food program
for the purpose of determining if the
participation of the institution will
help ensure the delivery of benefits to
otherwise unserved family or group day
care homes or centers or to unserved
children in an area.
(D) Notification to applicants.--Not later
than 30 days after the date on which an
applicant institution files a completed
application with the State agency, the State
agency shall notify the applicant institution
whether the institution has been approved or
disapproved to participate in the child and
adult care food program.
(E) Permanent operating agreements.--
(i) In general.--Subject to clauses
(ii) and (iii), to participate in the
child and adult care food program, an
institution that meets the conditions
of eligibility described in this
subsection shall be required to enter
into a permanent agreement with the
applicable State agency.
(ii) Amendments.--A permanent
agreement described in clause (i) may
be amended as necessary to ensure that
the institution is in compliance with
all requirements established in this
section or by the Secretary.
(iii) Termination.--A permanent
agreement described in clause (i)--
(I) may be terminated for
convenience by the institution
or State agency that is a party
to the permanent agreement; and
(II) shall be terminated--
(aa) for cause by the
applicable State agency
in accordance with
paragraph (5); or
(bb) on termination
of participation of the
institution in the
child and adult care
food program.
(2) Program applications.--
(A) In general.--The Secretary shall develop
a policy under which each institution providing
child care that participates in the program
under this section shall--
(i) submit to the State agency an
initial application to participate in
the program that meets all requirements
established by the Secretary by
regulation;
(ii) annually confirm to the State
agency that the institution, and any
facilities of the institution in which
the program is operated by a sponsoring
organization, is in compliance with
subsection (a)(5); and
(iii) annually submit to the State
agency any additional information
necessary to confirm that the
institution is in compliance with all
other requirements to participate in
the program, as established in this Act
and by the Secretary by regulation.
(B) Required reviews of sponsored
facilities.--
(i) In general.--The Secretary shall
develop a policy under which each
sponsoring organization participating
in the program under this section shall
conduct--
(I) periodic unannounced site
visits at not less than 3-year
intervals to sponsored child
and adult care centers and
family or group day care homes
to identify and prevent
management deficiencies and
fraud and abuse under the
program; and
(II) at least 1 scheduled
site visit each year to
sponsored child and adult care
centers and family or group day
care homes to identify and
prevent management deficiencies
and fraud and abuse under the
program and to improve program
operations.
(ii) Varied timing.--Sponsoring
organizations shall vary the timing of
unannounced reviews under clause (i)(I)
in a manner that makes the reviews
unpredictable to sponsored facilities.
(C) Required reviews of institutions.--The
Secretary shall develop a policy under which
each State agency shall conduct--
(i) at least 1 scheduled site visit
at not less than 3-year intervals to
each institution under the State agency
participating in the program under this
section--
(I) to identify and prevent
management deficiencies and
fraud and abuse under the
program; and
(II) to improve program
operations; and
(ii) more frequent reviews of any
institution that--
(I) sponsors a significant
share of the facilities
participating in the program;
(II) conducts activities
other than the program
authorized under this section;
(III) has serious management
problems, as identified in a
prior review, or is at risk of
having serious management
problems; or
(IV) meets such other
criteria as are defined by the
Secretary.
(D) Detection and deterrence of erroneous
payments and false claims.--
(i) In general.--The Secretary may
develop a policy to detect and deter,
and recover erroneous payments to, and
false claims submitted by,
institutions, sponsored child and adult
care centers, and family or group day
care homes participating in the program
under this section.
(ii) Block claims.--
(I) Definition of block
claim.--In this clause, the
term ``block claim'' has the
meaning given the term in
section 226.2 of title 7, Code
of Federal Regulations (or
successor regulations).
(II) Program edit checks.--
The Secretary may not require
any State agency, sponsoring
organization, or other
institution to perform edit
checks or on-site reviews
relating to the detection of
block claims by any child care
facility.
(III) Allowance.--
Notwithstanding subclause (II),
the Secretary may require any
State agency, sponsoring
organization, or other
institution to collect, store,
and transmit to the appropriate
entity information necessary to
develop any other policy
developed under clause (i).
(3) Program information.--
(A) In general.--On enrollment of a child in
a sponsored child care center or family or
group day care home participating in the
program, the center or home (or its sponsoring
organization) shall provide to the child's
parents or guardians--
(i) information that describes the
program and its benefits; and
(ii) the name and telephone number of
the sponsoring organization of the
center or home and the State agency
involved in the operation of the
program.
(B) Form.--The information described in
subparagraph (A) shall be in a form and, to the
maximum extent practicable, language easily
understandable by the child's parents or
guardians.
(4) Allowable administrative expenses for sponsoring
organizations.--In consultation with State agencies and
sponsoring organizations, the Secretary shall develop,
and provide for the dissemination to State agencies and
sponsoring organizations of, a list of allowable
reimbursable administrative expenses for sponsoring
organizations under the program.
(5) Termination or suspension of participating
organizations.--
(A) In general.--The Secretary shall
establish procedures for the termination of
participation by institutions and family or
group day care homes under the program.
(B) Standards.--Procedures established
pursuant to subparagraph (A) shall include
standards for terminating the participation of
an institution or family or group day care home
that--
(i) engages in unlawful practices,
falsifies information provided to the
State agency, or conceals a criminal
background; or
(ii) substantially fails to fulfill
the terms of its agreement with the
State agency.
(C) Corrective action.--Procedures
established pursuant to subparagraph (A)--
(i) shall require an entity described
in subparagraph (B) to undertake
corrective action; and
(ii) may require the immediate
suspension of operation of the program
by an entity described in subparagraph
(B), without the opportunity for
corrective action, if the State agency
determines that there is imminent
threat to the health or safety of a
participant at the entity or the entity
engages in any activity that poses a
threat to public health or safety.
(D) Hearing.--
(i) In general.--Except as provided
in clause (ii), an institution or
family or group day care home shall be
provided a fair hearing in accordance
with subsection (e)(1) prior to any
determination to terminate
participation by the institution or
family or group day care home under the
program.
(ii) Exception for false or
fraudulent claims.--
(I) In general.--If a State
agency determines that an
institution has knowingly
submitted a false or fraudulent
claim for reimbursement, the
State agency may suspend the
participation of the
institution in the program in
accordance with this clause.
(II) Requirement for
review.--Prior to any
determination to suspend
participation of an institution
under subclause (I), the State
agency shall provide for an
independent review of the
proposed suspension in
accordance with subclause
(III).
(III) Review procedure.--The
review shall--
(aa) be conducted by
an independent and
impartial official
other than, and not
accountable to, any
person involved in the
determination to
suspend the
institution;
(bb) provide the
State agency and the
institution the right
to submit written
documentation relating
to the suspension,
including State agency
documentation of the
alleged false or
fraudulent claim for
reimbursement and the
response of the
institution to the
documentation;
(cc) require the
reviewing official to
determine, based on the
review, whether the
State agency has
established, based on a
preponderance of the
evidence, that the
institution has
knowingly submitted a
false or fraudulent
claim for
reimbursement;
(dd) require the
suspension to be in
effect for not more
than 120 calendar days
after the institution
has received
notification of a
determination of
suspension in
accordance with this
clause; and
(ee) require the
State agency during the
suspension to ensure
that payments continue
to be made to sponsored
centers and family and
group day care homes
meeting the
requirements of the
program.
(IV) Hearing.--A State agency
shall provide an institution
that has been suspended from
participation in the program
under this clause an
opportunity for a fair hearing
on the suspension conducted in
accordance with subsection
(e)(1).
(E) List of disqualified institutions and
individuals.--
(i) In general.--The Secretary shall
maintain a list of institutions,
sponsored family or group day care
homes, and individuals that have been
terminated or otherwise disqualified
from participation in the program.
(ii) Availability.--The Secretary
shall make the list available to State
agencies for use in approving or
renewing applications by institutions,
sponsored family or group day care
homes, and individuals for
participation in the program.
(F) Serious deficiency process.--
(i) In general.--Not later than 1
year after the date of the enactment of
this subparagraph, the Secretary shall
review and issue guidance 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 serious
deficiency; and
(bb) how to
differentiate between--
(AA) a
reasonable
margin of human
error and
systematic or
intentional
noncompliance;
and
(BB) State-
specific
requirements
and Federal
regulations;
(II) appealing and mediating
a finding of serious deficiency
with respect to an institution
or a family or group day care
home, including--
(aa) findings related
to requirements and
Federal regulations;
and
(bb) processes for
ensuring officials
involved in appeals and
mediation are fair and
impartial;
(III) determining the
circumstances under which a
corrective action 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 addition 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
requirements; and
(cc) oversight
through the management
evaluation process.
(iii) Guidance and regulations.--
(I) In general.--Not later
than 1 year after conducting
the review under clause (ii),
the Secretary shall make
findings from the information
collected and issue guidance
and, as appropriate,
regulations 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 effective
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,
including--
(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
independent
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
corrective
action plan;
and
(CC) provides
for the
evaluation and
resolution of
disputes over
State agency
program
requirements on
institutions or
family or group
day care homes
that are in
addition to
those required
under Federal
law;
(cc) timeframes for
acceptable corrective
action plans for group
or family day care
homes that are
consistent with
corrective action
timeframes for child
care centers; and
(dd) a process to
dismiss a serious
deficiency upon
correction of such
deficiency.
(e) Hearings.--
(1) In general.--Except as provided in paragraph (4),
each State agency shall provide, in accordance with
regulations promulgated by the Secretary, an
opportunity for a fair hearing and a prompt
determination to any institution aggrieved by any
action of the State agency that affects--
(A) the participation of the institution in
the program authorized by this section; or
(B) the claim of the institution for
reimbursement under this section.
(2) Reimbursement.--In accordance with paragraph (3),
a State agency that fails to meet timeframes for
providing an opportunity for a fair hearing and a
prompt determination to any institution under paragraph
(1) in accordance with regulations promulgated by the
Secretary, shall pay, from non-Federal sources, all
valid claims for reimbursement to the institution and
the facilities of the institution during the period
beginning on the day after the end of any regulatory
deadline for providing the opportunity and making the
determination and ending on the date on which a hearing
determination is made.
(3) Notice to state agency.--The Secretary shall
provide written notice to a State agency at least 30
days prior to imposing any liability for reimbursement
under paragraph (2).
(4) Federal audit determination.--A State is not
required to provide a hearing to an institution
concerning a State action taken on the basis of a
Federal audit determination.
(5) Secretarial hearing.--If a State does not provide
a hearing to an institution concerning a State action
taken on the basis of a Federal audit determination,
the Secretary, on request, shall afford a hearing to
the institution concerning the action.
(f) State Disbursements to Institutions.--
(1) In general.--
(A) Requirement.--Funds paid to any State
under this section shall be disbursed to
eligible institutions by the State under
agreements approved by the Secretary.
Disbursements to any institution shall be made
only for the purpose of assisting in providing
meals to children attending institutions, or in
family or group day care homes. Disbursement to
any institution shall not be dependent upon the
collection of moneys from participating
children. All valid claims from such
institutions shall be paid within forty-five
days of receipt by the State. The State shall
notify the institution within fifteen days of
receipt of a claim if the claim as submitted is
not valid because it is incomplete or
incorrect.
(B) Fraud or abuse.--
(i) In general.--The State may
recover funds disbursed under
subparagraph (A) to an institution if
the State determines that the
institution has engaged in fraud or
abuse with respect to the program or
has submitted an invalid claim for
reimbursement.
(ii) Payment.--Amounts recovered
under clause (i)--
(I) may be paid by the
institution to the State over a
period of one or more years;
and
(II) shall not be paid from
funds used to provide meals and
supplements.
(iii) Hearing.--An institution shall
be provided a fair hearing in
accordance with subsection (e)(1) prior
to any determination to recover funds
under this subparagraph.
[(2)(A) Subject to subparagraph (B) of this paragraph]
(2) Disbursements._
(A) In general._Subject to subparagraph (B),
the disbursement for any fiscal year to any
State for disbursement to institutions, other
than family or group day care home sponsoring
organizations, for meals provided under this
section shall be equal to the sum of the
products obtained by multiplying the total
number of each type of meal (breakfast, lunch,
or supper, or supplement) served in such
institution in that fiscal year by the
applicable national average payment rate for
each such type of meal, as determined under
subsection (c).
[(B) No reimbursement may be made to any institution under
this paragraph, or to family or group day care home sponsoring
organizations under paragraph (3) of this subsection, for more
than two meals and one supplement per day per child, or in the
case of an institution (but not in the case of a family or
group day care home sponsoring organization), 2 meals and 1
supplement per day per child, for children that are maintained
in a child care setting for eight or more hours per day.]
(B) Limitation.--No reimbursement may be made to any
institution under this paragraph, or to family or group
day care home sponsoring organizations 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.
(C) Limitation on administrative expenses for certain
sponsoring organizations.--
(i) In general.--Except as provided in clause
(ii), a sponsoring organization of a day care
center may reserve not more than 15 percent of
the funds provided under paragraph (1) for the
administrative expenses of the organization.
(ii) Waiver.--A State may waive the
requirement in clause (i) with respect to a
sponsoring organization if the organization
provides justification to the State that the
organization requires funds in excess of 15
percent of the funds provided under paragraph
(1) to pay the administrative expenses of the
organization.
(3) Reimbursement of family or group day care home
sponsoring organizations.--
(A) Reimbursement factor.--
(i) In general.--An institution that
participates in the program under this
section as a family or group day care
home sponsoring organization shall be
provided, for payment to a home
sponsored by the organization,
reimbursement factors in accordance
with this subparagraph for the cost of
obtaining and preparing food and
prescribed labor costs involved in
providing meals under this section.
(ii) Tier i family or group day care
homes.--
(I) Definition of tier i
family or group day care
home.--In this paragraph, the
term ``tier I family or group
day care home'' means--
(aa) a family or
group day care home
that is located in a
geographic area, as
defined by the
Secretary based on
census data, in which
at least 50 percent of
the children residing
in the area are members
of households whose
incomes meet the income
eligibility guidelines
for free or reduced
price meals under
section 9;
(bb) a family or
group day care home
that is located in an
area served by a school
enrolling students in
which at least 50
percent of the total
number of children
enrolled are certified
eligible to receive
free or reduced price
school meals under this
Act or the Child
Nutrition Act of 1966
(42 U.S.C. 1771 et
seq.); or
(cc) a family or
group day care home
that is operated by a
provider whose
household meets the
income eligibility
guidelines for free or
reduced price meals
under section 9 and
whose income is
verified by the
sponsoring organization
of the home under
regulations established
by the Secretary.
(II) Reimbursement.--Except
as provided in subclause (III),
a tier I family or group day
care home shall be provided
reimbursement factors under
this clause without a
requirement for documentation
of the costs described in
clause (i), except that
reimbursement shall not be
provided under this subclause
for meals or supplements served
to the children of a person
acting as a family or group day
care home provider unless the
children meet the income
eligibility guidelines for free
or reduced price meals under
section 9.
(III) Factors.--Except as
provided in subclause (IV), the
reimbursement factors applied
to a home referred to in
subclause (II) shall be the
factors in effect on July 1,
1996.
[(IV) Adjustments.--The
reimbursement factors under
this subparagraph shall be
adjusted on July 1, 1997, and
each July 1 thereafter, to
reflect changes in the Consumer
Price Index for food at home
for the most recent 12-month
period for which the data are
available. The reimbursement
factors under this subparagraph
shall be rounded to the nearest
lower cent increment and based
on the unrounded adjustment in
effect on June 30 of the
preceding school year.]
(IV) Adjustments.--The
reimbursement factors under
this subparagraph shall be
adjusted on July 1, 1997, and
each July 1 thereafter, to
reflect changes in the Consumer
Price Index for food 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.
(iii) Tier ii family or group day
care homes.--
(I) In general.--
(aa) Factors.--Except
as provided in
subclause (II), with
respect to meals or
supplements served
under this clause by a
family or group day
care home that does not
meet the criteria set
forth in clause
(ii)(I), the
reimbursement factors
shall be 95 cents for
lunches and suppers, 27
cents for breakfasts,
and 13 cents for
supplements.
[(bb) Adjustments.--
The factors shall be
adjusted on July 1,
1997, and each July 1
thereafter, to reflect
changes in the Consumer
Price Index for food at
home for the most
recent 12-month period
for which the data are
available. The
reimbursement factors
under this item shall
be rounded down to the
nearest lower cent
increment and based on
the unrounded
adjustment for the
preceding 12-month
period.]
(bb) Adjustments.--
The factors shall be
adjusted on July 1,
1997, and each July 1
thereafter, to reflect
changes in the Consumer
Price Index for food
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.
(cc) Reimbursement.--
A family or group day
care home shall be
provided reimbursement
factors under this
subclause without a
requirement for
documentation of the
costs described in
clause (i), except that
reimbursement shall not
be provided under this
subclause for meals or
supplements served to
the children of a
person acting as a
family or group day
care home provider
unless
the children meet the
income eligibility
guidelines for free or
reduced price meals
under section 9.
(II) Other factors.--A family
or group day care home that
does not meet the criteria set
forth in clause (ii)(I) may
elect to be provided
reimbursement factors
determined in accordance with
the following requirements:
(aa) Children
eligible for free or
reduced price meals.--
In the case of meals or
supplements served
under this subsection
to children who are
members of households
whose incomes meet the
income eligibility
guidelines for free or
reduced price meals
under section 9, the
family or group day
care home shall be
provided reimbursement
factors set by the
Secretary in accordance
with clause (ii)(III).
(bb) Ineligible
children.--In the case
of meals or supplements
served under this
subsection to children
who are members of
households whose
incomes do not meet the
income eligibility
guidelines, the family
or group day care home
shall be provided
reimbursement factors
in accordance with
subclause (I).
(III) Information and
determinations.--
(aa) In general.--If
a family or group day
care home elects to
claim the factors
described in subclause
(II), the family or
group day care home
sponsoring organization
serving the home shall
collect the necessary
income information, as
determined by the
Secretary, from any
parent or other
caretaker to make the
determinations
specified in subclause
(II) and shall make the
determinations in
accordance with rules
prescribed by the
Secretary.
(bb) Categorical
eligibility.--In making
a determination under
item (aa), a family or
group day care home
sponsoring organization
may consider a child
participating in or
subsidized under, or a
child with a parent
participating in or
subsidized under, a
federally or State
supported child care or
other benefit program
with an income
eligibility limit that
does not exceed the
eligibility standard
for free or reduced
price meals under
section 9 to be a child
who is a member of a
household whose income
meets the income
eligibility guidelines
under section 9.
(cc) Factors for
children only.--A
family or group day
care home may elect to
receive the
reimbursement factors
prescribed under clause
(ii)(III) solely for
the children
participating in a
program referred to in
item (bb) if the home
elects not to have
income statements
collected from parents
or other caretakers.
(dd) Transmission of
income information by
sponsored family or
group day care homes.--
If a family or group
day care home elects to
be provided
reimbursement factors
described in subclause
(II), the family or
group day care home may
assist in the
transmission of
necessary household
income information to
the family or group day
care home sponsoring
organization in
accordance with the
policy described in
item (ee).
(ee) Policy.--The
Secretary shall develop
a policy under which a
sponsored family or
group day care home
described in item (dd)
may, under terms and
conditions specified by
the Secretary and with
the written consent of
the parents or
guardians of a child in
a family or group day
care home participating
in the program, assist
in the transmission of
the income information
of the family to the
family or group day
care home sponsoring
organization.
(IV) Simplified meal counting
and reporting procedures.--The
Secretary shall prescribe
simplified meal counting and
reporting procedures for use by
a family or group day care home
that elects to claim the
factors under subclause (II)
and by a family or group day
care home sponsoring
organization that sponsors the
home. The procedures the
Secretary prescribes may
include 1 or more of the
following:
(aa) Setting an
annual percentage for
each home of the number
of meals served that
are to be reimbursed in
accordance with the
reimbursement factors
prescribed under clause
(ii)(III) and an annual
percentage of the
number of meals served
that are to be
reimbursed in
accordance with the
reimbursement factors
prescribed under
subclause (I), based on
the family income of
children enrolled in
the home in a specified
month or other period.
(bb) Placing a home
into 1 of 2 or more
reimbursement
categories annually
based on the percentage
of children in the home
whose households have
incomes that meet the
income eligibility
guidelines under
section 9, with each
such reimbursement
category carrying a set
of reimbursement
factors such as the
factors prescribed
under clause (ii)(III)
or subclause (I) or
factors established
within the range of
factors prescribed
under clause (ii)(III)
and subclause (I).
(cc) Such other
simplified procedures
as the Secretary may
prescribe.
(V) Minimum verification
requirements.--The Secretary
may establish any minimum
verification requirements that
are necessary to carry out this
clause.
(B) Administrative funds.--
(i) In general.--In addition to
reimbursement factors described in
subparagraph (A), a family or group day
care home sponsoring organization shall
receive reimbursement for the
administrative expenses of the
sponsoring organization in an amount
that is not less than the product
obtained each month by multiplying--
(I) the number of family and
group day care homes of the
sponsoring organization
submitting a claim for
reimbursement during the month;
by
(II) the appropriate
administrative rate determined
by the Secretary.
[(ii) Annual adjustment.--The
administrative reimbursement levels
specified in clause (i) shall be
adjusted July 1 of each year to reflect
changes in the Consumer Price Index for
All Urban Consumers published by the
Bureau of Labor Statistics of the
Department of Labor for the most recent
12-month period for which such data are
available.]
(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 Bureau of
Labor Statistics of the Department of
Labor.
(iii) Carryover funds.--The Secretary
shall develop procedures under which
not more than 10 percent of the amount
made available to sponsoring
organizations under this section for
administrative expenses for a fiscal
year may remain available for
obligation or expenditure in the
succeeding fiscal year.
(C)(i) Reimbursement for administrative expenses shall also
include start-up funds to finance the administrative expenses
for such institutions to initiate successful operation under
the program and expansion funds to finance the administrative
expenses for such institutions to expand into low-income or
rural areas. Institutions that have received start-up funds may
also apply at a later date for expansion funds. Such start-up
funds and expansion funds shall be in addition to other
reimbursement to such institutions for administrative expenses.
Start-up funds and expansion funds shall be payable to enable
institutions satisfying the criteria of subsection (d) of this
section, and any other standards prescribed by the Secretary,
to develop an application for participation in the program as a
family or group day care home sponsoring organization or to
implement the program upon approval of the application. Such
start-up funds and expansion funds shall be payable in
accordance with the procedures prescribed by the Secretary. The
amount of start-up funds and expansion funds payable to an
institution shall be not less than the institution's
anticipated reimbursement for administrative expenses under the
program for one month and not more than the institution's
anticipated reimbursement for administrative expenses under the
program for two months.
(ii) Funds for administrative expenses may be used by family
or group day care home sponsoring organizations assist
unlicensed family or group day care homes in becoming licensed.
(D) Limitations on ability of family or group
day care homes to transfer sponsoring
organizations.--
(i) In general.--Subject to clause
(ii), a State agency shall limit the
ability of a family or group day care
home to transfer from a sponsoring
organization to another sponsoring
organization more frequently than once
a year.
(ii) Good cause.--The State agency
may permit or require a family or group
day care home to transfer from a
sponsoring organization to another
sponsoring organization more frequently
than once a year for good cause (as
determined by the State agency),
including circumstances in which the
sponsoring organization of the family
or group day care home ceases to
participate in the child and adult care
food program.
(E) Provision of data to family or group day
care home sponsoring organizations.--
(i) Census data.--The Secretary shall
provide to each State agency
administering a child and adult care
food program under this section data
from the most recent decennial census
survey or other appropriate census
survey for which the data are available
showing which areas in the State meet
the requirements of subparagraph
(A)(ii)(I)(aa). The State agency shall
provide the data to family or group day
care home sponsoring organizations
located in the State.
(ii) School data.--
(I) In general.--A State
agency administering the school
lunch program under this Act or
the school breakfast program
under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et
seq.) shall provide to approved
family or group day care home
sponsoring organizations a list
of schools serving elementary
school children in the State in
which not less than \1/2\ of
the children enrolled are
certified to receive free or
reduced price meals. The State
agency shall collect the data
necessary to create the list
annually and provide the list
on a timely basis to any
approved family or group day
care home sponsoring
organization that requests the
list.
(II) Use of data from
preceding school year.--In
determining for a fiscal year
or other annual period whether
a home qualifies as a tier I
family or group day care home
under subparagraph (A)(ii)(I),
the State agency administering
the program under this section,
and a family or group day care
home sponsoring organization,
shall use the most current
available data at the time of
the determination.
(iii) Duration of determination.--For
purposes of this section, a
determination that a family or group
day care home is located in an area
that qualifies the home as a tier I
family or group day care home (as the
term is defined in subparagraph
(A)(ii)(I)), shall be in effect for 5
years (unless the determination is made
on the basis of census data, in which
case the determination shall remain in
effect until more recent census data
are available) unless the State agency
determines that the area in which the
home is located no longer qualifies the
home as a tier I family or group day
care home.
(4) By the first day of each month of operation, the State
may provide advance payments for the month to each approved
institution in an amount that reflects the full level of valid
claims customarily received from such institution for one
month's operation. In the case of a newly participating
institution, the amount of the advance shall reflect the
State's best estimate of the level of valid claims such
institutions will submit. If the State has reason to believe
that an institution will not be able to submit a valid claim
covering the period for which such an advance has been made,
the subsequent month's advance payment shall be withheld until
the State receives a valid claim. Payments advanced to
institutions that are not subsequently deducted from a valid
claim for reimbursement shall be repaid upon demand by the
State. Any prior payment that is under dispute may be
subtracted from an advance payment.
(g) Nutritional Requirements for Meals and Snacks Served in
Institutions and Family or Group Day Care Homes.--
(1) Definition of dietary guidelines.--In this
subsection, the term ``Dietary Guidelines'' means the
Dietary Guidelines for Americans published under
section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341).
(2) Nutritional requirements.--
(A) In general.--Except as provided in
subparagraph (C), reimbursable meals and snacks
served by institutions, family or group day
care homes, and sponsored centers participating
in the program under this section shall consist
of a combination of foods that meet minimum
nutritional requirements prescribed by the
Secretary on the basis of tested nutritional
research.
(B) Conformity with the dietary guidelines
and authoritative science.--
(i) In general.--Not less frequently
than once every 10 years, the Secretary
shall review and, as appropriate,
update requirements for meals served
under the program under this section to
ensure that the meals--
(I) are consistent with the
goals of the most recent
Dietary Guidelines; and
(II) promote the health of
the population served by the
program authorized under this
section, as indicated by the
most recent relevant nutrition
science and appropriate
authoritative scientific agency
and organization
recommendations.
(ii) Cost review.--The review
required under clause (i) shall include
a review of the cost to child care
centers and group or family day care
homes resulting from updated
requirements for meals and snacks
served under the program under this
section.
(iii) Regulations.--Not later than 18
months after the completion of the
review of the meal pattern under clause
(i), the Secretary shall promulgate
proposed regulations to update the meal
patterns for meals and snacks served
under the program under this section.
(C) Exceptions.--
(i) Special dietary needs.--The
minimum nutritional requirements
prescribed under subparagraph (A) shall
not prohibit institutions, family or
group day care homes, and sponsored
centers from substituting foods to
accommodate the medical or other
special dietary needs of individual
participants.
(ii) Exempt institutions.--The
Secretary may elect to waive all or
part of the requirements of this
subsection for emergency shelters
participating in the program under this
section.
(3) Meal service.--Institutions, family or group day
care homes, and sponsored centers shall ensure that
reimbursable meal service contributes to the
development and socialization of enrolled children by
providing that food is not used as a punishment or
reward.
(4) Fluid milk.--
(A) In general.--If an institution, family or
group day care home, or sponsored center
provides fluid milk as part of a reimbursable
meal or supplement, the institution, family or
group day care home, or sponsored center shall
provide the milk in accordance with the most
recent version of the Dietary Guidelines.
(B) Milk substitutes.--In the case of
children who cannot consume fluid milk due to
medical or other special dietary needs other
than a disability, an institution, family or
group day care home, or sponsored center may
substitute for the fluid milk required in meals
served, a nondairy beverage that--
(i) is nutritionally equivalent to
fluid milk; and
(ii) meets nutritional standards
established by the Secretary,
including, among other requirements
established by the Secretary,
fortification of calcium, protein,
vitamin A, and vitamin D to levels
found in cow's milk.
(C) Approval.--
(i) In general.--A substitution
authorized under subparagraph (B) may
be made--
(I) at the discretion of and
on approval by the
participating day care
institution; and
(II) if the substitution is
requested by written statement
of a medical authority, or by
the parent or legal guardian of
the child, that identifies the
medical or other special
dietary need that restricts the
diet of the child.
(ii) Exception.--An institution,
family or group day care home, or
sponsored center that elects to make a
substitution authorized under this
paragraph shall not be required to
provide beverages other than beverages
the State has identified as acceptable
substitutes.
(D) Excess expenses borne by institution.--A
participating institution, family or group day
care home, or sponsored center shall be
responsible for any expenses that--
(i) are incurred by the institution,
family or group day care home, or
sponsored center to provide
substitutions under this paragraph; and
(ii) are in excess of expenses
covered under reimbursements under this
Act.
(5) Nondiscrimination policy.--No physical
segregation or other discrimination against any person
shall be made because of the inability of the person to
pay, nor shall there be any overt identification of any
such person by special tokens or tickets, different
meals or meal service, announced or published lists of
names, or other means.
(6) Use of abundant and donated foods.--To the
maximum extent practicable, each institution shall use
in its food service foods that are--
(A) designated from time to time by the
Secretary as being in abundance, either
nationally or in the food service area; or
(B) donated by the Secretary.
(h)(1)(A) The Secretary shall donate agricultural commodities
produced in the United States for use in institutions
participating in the child care food program under this
section.
(B) The value of the commodities donated under subparagraph
(A) (or cash in lieu of commodities) to each State for each
school year shall be, at a minimum, the amount obtained by
multiplying the number of lunches and suppers served in
participating institutions in that State during the preceding
school year by the rate for commodities or cash in lieu of
commodities established under section 6(c) for the school year
concerned.
(C) After the end of each school year, the Secretary shall--
(i) reconcile the number of lunches and suppers
served in participating institutions in each State
during such school year with the number of lunches and
suppers served by participating institutions in each
State during the preceding school year; and
(ii) based on such reconciliation, increase or reduce
subsequent commodity assistance or cash in lieu of
commodities provided to each State.
(D) Any State receiving assistance under this section for
institutions participating in the child care food program may,
upon application to the Secretary, receive cash in lieu of some
or all of the commodities to which it would otherwise be
entitled under this subsection. In determining whether to
request cash in lieu of commodities, the State shall base its
decision on the preferences of individual participating
institutions within the State, unless this proves impracticable
due to the small number of institutions preferring donated
commodities.
(2) The Secretary is authorized to provide agricultural
commodities obtained by the Secretary under the provisions of
the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) and
donated under the provisions of section 416 of such Act, to the
Department of Defense for use by its institutions providing
child care services, when such commodities are in excess of the
quantities needed to meet the needs of all other child
nutrition programs, domestic and foreign food assistance and
export enhancement programs. The Secretary shall require
reimbursement from the Department of Defense for the costs, or
some portion thereof, of delivering such commodities to
overseas locations, unless the Secretary determines that it is
in the best interest of the program that the Department of
Agriculture shall assume such costs.
(i) Audits.--
(1) Disregards.--
(A) In general.--Subject to subparagraph (B),
in conducting management evaluations, reviews,
or audits under this section, the Secretary or
a State agency may disregard any overpayment to
an institution for a fiscal year if the total
overpayment to the institution for the fiscal
year does not exceed an amount that is
consistent with the disregards allowed in other
programs under this Act and recognizes the cost
of collecting small claims, as determined by
the Secretary.
(B) Criminal or fraud violations.--In
carrying out this paragraph, the Secretary and
a State agency shall not disregard any
overpayment for which there is evidence of a
violation of a criminal law or civil fraud law.
(2) Funding.--
(A) In general.--The Secretary shall make
available for each fiscal year to each State
agency administering the child and adult care
food program, for the purpose of conducting
audits of participating institutions, an amount
of up to 1.5 percent of the funds used by each
State in the program under this section, during
the second preceding fiscal year.
(B) Additional funding.--
(i) In general.--Subject to clause
(ii), for fiscal year 2016 and each
fiscal year thereafter, the Secretary
may increase the amount of funds made
available to any State agency under
subparagraph (A), if the State agency
demonstrates that the State agency can
effectively use the funds to improve
program management under criteria
established by the Secretary.
(ii) Limitation.--The total amount of
funds made available to any State
agency under this paragraph shall not
exceed 2 percent of the funds used by
each State agency in the program under
this section, during the second
preceding fiscal year.
(j) Agreements.--
(1) In general.--The Secretary shall issue
regulations directing States to develop and provide for
the use of a standard form of agreement between each
sponsoring organization and the family or group day
care homes or sponsored day care centers participating
in the program under such organization, for the purpose
of specifying the rights and responsibilities of each
party.
(2) Duration.--An agreement under paragraph (1) shall
remain in effect until terminated by either party to
the agreement.
(k) Training and Technical Assistance.--A State participating
in the program established under this section shall provide
sufficient training, technical assistance, and monitoring to
facilitate effective operation of the program. The Secretary
shall assist the State in developing plans to fulfill the
requirements of this subsection.
(l) Expenditures of funds from State and local sources for
the maintenance of food programs for children shall not be
diminished as a result of funds received under this section.
(m) States and institutions participating in the program
under this section shall keep such accounts and records as may
be necessary to enable the Secretary to determine whether there
has been compliance with the requirements of this section. Such
accounts and records shall be available at any reasonable time
for inspection and audit by representatives of the Secretary,
the Comptroller General of the United States, and appropriate
State representatives and shall be preserved for such period of
time, not in excess of five years, as the Secretary determines
necessary.
(n) There are hereby authorized to be appropriated for each
fiscal year such funds as are necessary to carry out the
purposes of this section.
(o)(1) For purposes of this section, adult day care centers
shall be considered eligible institutions for reimbursement for
meals or supplements served to persons 60 years of age or older
or to chronically impaired disabled persons, including victims
of Alzheimer's disease and related disorders with neurological
and organic brain dysfunction. Reimbursement provided to such
institutions for such purposes shall improve the quality of
meals or level of services provided or increase participation
in the program. Lunches served by each such institution for
which reimbursement is claimed under this section shall
provide, on the average, approximately \1/3\ of the daily
recommended dietary allowance established by the Food and
Nutrition Board of the National Research Council of the
National Academy of Sciences. Such institutions shall make
reasonable efforts to serve meals that meet the special dietary
requirements of participants, including efforts to serve foods
in forms palatable to participants.
(2) For purposes of this subsection--
(A) the term ``adult day care center'' means any
public agency or private nonprofit organization, or any
proprietary title XIX or title XX center, which--
(i) is licensed or approved by Federal,
State, or local authorities to provide adult
day care services to chronically impaired
disabled adults or persons 60 years of age or
older in a group setting outside their homes,
or a group living arrangement, on a less than
24-hour basis; and
(ii) provides for such care and services
directly or under arrangements made by the
agency or organization whereby the agency or
organization maintains professional management
responsibility for all such services; and
(B) the term ``proprietary title XIX or title XX
center'' means any private, for-profit center providing
adult day care services for which it receives
compensation from amounts granted to the States under
title XIX or XX of the Social Security Act and which
title XIX or title XX beneficiaries were not less than
25 percent of enrolled eligible participants in a
calendar month preceding initial application or annual
reapplication for program participation.
(3)(A) The Secretary, in consulation with the Assistant
Secretary for Aging, shall establish, within 6 months of
enactment, separate guidelines for reimbursement of
institutions described in this subsection. Such reimbursement
shall take into account the nutritional requirements of
eligible persons, as determined by the Secretary on the basis
of tested nutritional research, except that such reimbursement
shall not be less than would otherwise be required under this
section.
(B) The guidelines shall contain provisions designed to
assure that reimbursement under this subsection shall not
duplicate reimbursement under part C of title III of the Older
Americans Act of 1965, for the same meal served.
(4) For the purpose of establishing eligibility for free or
reduced price meals or supplements under this subsection,
income shall include only the income of an eligible person and,
if any, the spouse and dependents with whom the eligible person
resides.
(5) A person described in paragraph (1) shall be considered
automatically eligible for free meals or supplements under this
subsection, without further application or eligibility
determination, if the person is--
(A) a member of a household receiving assistance
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.); or
(B) a recipient of assistance under title XVI or XIX
of the Social Security Act (42 U.S.C. 1381 et seq.).
(6) The Governor of any State may designate to administer the
program under this subsection a State agency other than the
agency that administers the child care food program under this
section.
(q) Management Support.--
(1) Technical and training assistance.--In addition
to the training and technical assistance that is
provided to State agencies under other provisions of
this Act and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), the Secretary shall provide training and
technical assistance in order to assist the State
agencies in improving their program management and
oversight under this section.
(2) Technical and training assistance for
identification and prevention of fraud and abuse.--As
part of training and technical assistance provided
under paragraph (1), the Secretary shall provide
training on a continuous basis to State agencies, and
shall ensure that such training is provided to
sponsoring organizations, for the identification and
prevention of fraud and abuse under the program and to
improve management of the program.
(r) Program for At-Risk School Children.--
(1) Definition of at-risk school child.--In this
subsection, the term ``at-risk school child'' means a
school child who--
(A) is not more than 18 years of age, except
that the age limitation provided by this
subparagraph shall not apply to a child
described in section 12(d)(1)(A); and
(B) participates in a program authorized
under this section operated at a site located
in a geographical area served by a school in
which at least 50 percent of the children
enrolled are certified as eligible to receive
free or reduced price school meals under this
Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(2) Participation in child and adult care food
program.--An institution may participate in the program
authorized under this section only if the institution
provides meals or supplements under a program--
(A) organized primarily to provide care to
at-risk school children during after-school
hours, weekends, or holidays during the regular
school year; and
(B) with an educational or enrichment
purpose.
(3) Administration.--Except as otherwise provided in
this subsection, the other provisions of this section
apply to an institution described in paragraph (2).
(4) Meal and supplement reimbursement.--
(A) Limitations.--An institution may claim
reimbursement under this subsection only for
one meal per child per day and one supplement
per child per day served under a program
organized primarily to provide care to at-risk
school children during after-school hours,
weekends, or holidays during the regular school
year.
(B) Rates.--
(i) Meals.--A meal shall be
reimbursed under this subsection at the
rate established for free meals under
subsection (c).
(ii) Supplements.--A supplement shall
be reimbursed under this subsection at
the rate established for a free
supplement under subsection (c)(3).
(C) No charge.--A meal or supplement claimed
for reimbursement under this subsection shall
be served without charge.
(5) Limitation.--An institution participating in the
program under this subsection may not claim
reimbursement for meals and snacks that are served
under section 18(h) on the same day.
(6) Handbook.--
(A) In general.--Not later than 180 days
after the date of enactment of the Healthy,
Hunger-Free Kids Act of 2010, the Secretary
shall--
(i) issue guidelines for afterschool
meals for at-risk school children; and
(ii) publish a handbook reflecting
those guidelines.
(B) Review.--Each year after the issuance of
guidelines under subparagraph (A), the
Secretary shall--
(i) review the guidelines; and
(ii) issue a revised handbook
reflecting changes made to the
guidelines.
(s) Information Concerning the Special Supplemental Nutrition
Program for Women, Infants, and Children.--
(1) In general.--The Secretary shall provide each
State agency administering a child and adult care food
program under this section with information concerning
the special supplemental nutrition program for women,
infants, and children authorized under section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786).
(2) Requirements for state agencies.--Each State
agency shall ensure that each participating family and
group day care home and child care center (other than
an institution providing care to school children
outside school hours)--
(A) receives materials that include--
(i) a basic explanation of the
importance and benefits of the special
supplemental nutrition program for
women, infants, and children;
(ii) the maximum State income
eligibility standards, according to
family size, for the program; and
(iii) information concerning how
benefits under the program may be
obtained;
(B) receives periodic updates of the
information described in subparagraph (A); and
(C) provides the information described in
subparagraph (A) to parents of enrolled
children at enrollment.
(t) Participation by Emergency Shelters.--
(1) Definition of emergency shelter.--In this
subsection, the term ``emergency shelter'' means--
(A) an emergency shelter (as defined in
section 321 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11351)); or
(B) a site operated by the shelter.
(2) Administration.--Except as otherwise provided in
this subsection, an emergency shelter shall be eligible
to participate in the program authorized under this
section in accordance with the terms and conditions
applicable to eligible institutions described in
subsection (a).
(3) Licensing requirements.--The licensing
requirements contained in subsection (a)(5) shall not
apply to an emergency shelter.
(4) Health and safety standards.--To be eligible to
participate in the program authorized under this
section, an emergency shelter shall comply with
applicable State or local health and safety standards.
(5) Meal or supplement reimbursement.--
(A) Limitations.--An emergency shelter may
claim reimbursement under this subsection--
(i) only for a meal or supplement
served to children or individuals
residing at an emergency shelter, if
the children or individuals are--
(I) not more than [18 years
of age] 25 years of age; or
(II) children with
disabilities; and
(ii) for not more than 3 meals, or 2
meals and a supplement, per child per
day.
(B) Rate.--A meal or supplement eligible for
reimbursement shall be reimbursed at the rate
at which free meals and supplements are
reimbursed under subsection (c).
(C) No charge.--A meal or supplement claimed
for reimbursement shall be served without
charge.
(u) Promoting Health and Wellness in Child Care.--
(1) Physical activity and electronic media use.--The
Secretary shall encourage participating child care
centers and family or group day care homes--
(A) to provide to all children under the
supervision of the participating child care
centers and family or group day care homes
daily opportunities for structured and
unstructured age-appropriate physical activity;
and
(B) to limit among children under the
supervision of the participating child care
centers and family or group day care homes the
use of electronic media to an appropriate
level.
(2) Water consumption.--Participating child care
centers and family or group day care homes shall make
available to children, as nutritionally appropriate,
potable water as an acceptable fluid for consumption
throughout the day, including at meal times.
(3) Technical assistance and guidance.--
(A) In general.--The Secretary shall provide
technical assistance to institutions
participating in the program under this section
to assist participating child care centers and
family or group day care homes in complying
with the nutritional requirements and wellness
recommendations prescribed by the Secretary in
accordance with this subsection and subsection
(g).
(B) Guidance.--Not later than January 1,
2012, the Secretary shall issue guidance to
States and institutions to encourage
participating child care centers and family or
group day care homes serving meals and snacks
under this section to--
(i) include foods that are
recommended for increased serving
consumption in amounts recommended by
the most recent Dietary Guidelines for
Americans published under section 301
of the National Nutrition Monitoring
and Related Research Act of 1990 (7
U.S.C. 5341), including fresh, canned,
dried, or frozen fruits and vegetables,
whole grain products, lean meat
products, and low-fat and non-fat dairy
products; and
(ii) reduce sedentary activities and
provide opportunities for regular
physical activity in quantities
recommended by the most recent Dietary
Guidelines for Americans described in
clause (i).
(C) Nutrition.--Technical assistance relating
to the nutritional requirements of this
subsection and subsection (g) shall include--
(i) nutrition education, including
education that emphasizes the
relationship between nutrition,
physical activity, and health;
(ii) menu planning;
(iii) interpretation of nutrition
labels; and
(iv) food preparation and purchasing
guidance to produce meals and snacks
that are--
(I) consistent with the goals
of the most recent Dietary
Guidelines; and
(II) promote the health of
the population served by the
program under this section, as
recommended by authoritative
scientific organizations.
(D) Physical activity.--Technical assistance
relating to the physical activity requirements
of this subsection shall include--
(i) education on the importance of
regular physical activity to overall
health and well being; and
(ii) sharing of best practices for
physical activity plans in child care
centers and homes as recommended by
authoritative scientific organizations.
(E) Electronic media use.--Technical
assistance relating to the electronic media use
requirements of this subsection shall include--
(i) education on the benefits of
limiting exposure to electronic media
by children; and
(ii) sharing of best practices for
the development of daily activity plans
that limit use of electronic media.
(F) Minimum assistance.--At a minimum, the
technical assistance required under this
paragraph shall include a handbook, developed
by the Secretary in coordination with the
Secretary for Health and Human Services, that
includes recommendations, guidelines, and best
practices for participating institutions and
family or group day care homes that are
consistent with the nutrition, physical
activity, and wellness requirements and
recommendations of this subsection.
(G) Additional assistance.--In addition to
the requirements of this paragraph, the
Secretary shall develop and provide such
appropriate training and education materials,
guidance, and technical assistance as the
Secretary considers to be necessary to comply
with the nutritional and wellness requirements
of this subsection and subsection (g).
(H) Funding.--
(i) In general.--On October 1, 2010,
out of any funds in the Treasury not
otherwise appropriated, the Secretary
of the Treasury shall transfer to the
Secretary to provide technical
assistance under this subsection
$10,000,000, to remain available until
expended.
(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive,
shall accept, and shall use to carry
out this subsection the funds
transferred under clause (i), without
further appropriation.
(v) Advisory Committee on Paperwork Reduction.--
(1) Establishment.--Not later than 180 days after the
date of the enactment of this subsection, the Secretary
shall establish an advisory committee (referred 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 paperwork resulting
from regulations and recordkeeping
requirements, including paperwork resulting
from additional State requirements, for those
participating 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 proper accountability and program
integrity are maintained and make such
recommendations 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 entities
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.
(4) Considerations.--In developing the
recommendations described in paragraph (2)(B), the
Advisory Committee shall consider--
(A) information, recommendations, and reports
from the Paperwork Reduction Work Group
established by the Food and Nutrition Service
pursuant 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 reduce 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 appropriate,
regulations based on the recommendations described in
paragraph (2)(B) for streamlined and consolidated
paperwork and recordkeeping requirements 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 programmatic
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
client-facing technology, virtual
visits, and technology used for
administrative 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
Forestry of the Senate and the Committee on
Education and Labor of the House of
Representatives containing the information
described in subparagraph (B).
(B) Contents.--The report under subparagraph
(A) shall contain the following:
(i) With respect to each instance in
which the Secretary did not implement 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.
* * * * * * *
PILOT PROJECTS
Sec. 18.
(b)(1) Upon request to the Secretary, any school district
that on January 1, 1987, was receiving all cash payments or all
commodity letters of credit in lieu of entitlement commodities
for its school lunch program shall receive all cash payments or
all commodity letters of credit in lieu of entitlement
commodities for its school lunch program beginning July 1,
1987. The Secretary, directly or through contract, shall
administer the project under this subsection.
(2) Any school district that elects under paragraph (1) to
receive all cash payments or all commodity letters of credit in
lieu of entitlement commodities for its school lunch program
shall receive bonus commodities in the same manner as if such
school district was receiving all entitlement commodities for
its school lunch program.
(c)(1) The Secretary may conduct pilot projects to test
alternative counting and claiming procedures.
(2) Each pilot program carried out under this subsection
shall be evaluated by the Secretary after it has been in
operation for 3 years.
(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 Secretary 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
application 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 community-
based organizations,
agricultural producers, and
other community 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 appropriate.
(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, procuring, marketing, and creating
menus) 100 percent plant-based food options.
(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 education 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 duration of the pilot grant
program thereafter, a school food authority
shall submit to the Secretary a report on the
pilot grant program, including information 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 pursuant to
the grant;
(iii) the number of students served
by the school food authority pursuant
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 subparagraph (B), the Secretary shall
submit to Congress a report that includes a
summary of such reports received and such
information with respect 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 resources 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 appropriated 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
component that--
(i) includes a meat alternate as
described in--
(I) section 210.10 of title
7, Code of Federal Regulations
(or successor 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
Consolidated 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 reduced
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 rancher'' has the meaning
given such term in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279(a)).
(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 communities.
(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 measurement 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 authorities, 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, education, and reduction
project with the goal of long-term project
sustainability.
(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
following:
(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 receiving 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
subparagraph (B), the Secretary shall submit to
Congress a report that includes a summary of
the reports received under subparagraph (B) and
such information with respect to the program as
the Secretary determines to be relevant.
(7) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $10,000,000 for fiscal year 2024, to remain
available through fiscal year 2028.
(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
administer 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 subsection, 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 selected 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 established
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
established 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
section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1733), shall be
reimbursed 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
(iii) early care and education
facilities, including facilities that
participate 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
Assistance Act (25 U.S.C. 5304).
(E) School.--The term ``school'' has the
meaning given such term in section 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)).
(g) Access to Local Foods: Farm to School Program.--
[(1) Definition of eligible school.--In this
subsection, the term ``eligible school'' 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).]
(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
Consolidated 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--
(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 rancher'' has the meaning
given such term in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279(a)).
(2) Program.--The Secretary shall carry out a program
to assist eligible [schools] institutions, State and
local agencies, Indian tribal organizations,
agricultural producers or groups of agricultural
producers, land-grant colleges and universities, and
nonprofit entities through [grants and technical
assistance] grants, technical assistance, research, and
evaluation to implement farm to school programs that
improve access to local foods in eligible [schools]
institutions.
(3) Grants.--
(A) In general.--The Secretary shall award
competitive grants under this subsection to be
used for--
(i) training and technical
assistance;
(ii) supporting operations;
(iii) planning;
(iv) purchasing equipment;
(v) developing school gardens;
(vi) implementing educational
activities relating to agriculture,
nutrition, or food;
(vii) implementing innovative
approaches to aggregation, processing,
transportation, and distribution of
food;
[(vi)] (viii) developing
partnerships; and
[(vii)] (ix) implementing farm to
school programs.
(B) Regional balance.--In making awards under
this subsection, the Secretary shall, to the
maximum extent practicable, ensure--
(i) geographical diversity; and
(ii) equitable treatment of urban,
rural, and tribal communities.
[(C) Maximum amount.--The total amount
provided to a grant recipient under this
subsection shall not exceed $100,000.]
(C) Awards.--
(i) Maximum amount.--The total amount
provided to a grant recipient 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) Federal share.--
[(A) In general.--The Federal share of costs
for a project funded through a grant awarded
under this subsection shall not exceed 75
percent of the total cost of the project.
[(B) Federal matching.--As a condition of
receiving a grant under this subsection, a
grant recipient shall provide matching support
in the form of cash or in-kind contributions,
including facilities, equipment, or services
provided by State and local governments,
nonprofit organizations, and private sources.]
[(5) Criteria for selection.--To the maximum extent
practicable]
(4) Priority._
(A) In general._To the maximum extent
practicable, in providing assistance under this
subsection, the Secretary shall give the
highest priority to funding projects that, as
determined by the Secretary--
[(A)] (i) make local food products
available on the menu of the eligible
[school] institution;
[(B)] (ii) serve a high proportion of
children who are eligible for free or
reduced price [lunches] meals;
(iii) incorporate experiential,
traditional, and culturally appropriate
food, nutrition, or agricultural
education activities in curriculum
planning;
[(C) incorporate experiential nutrition
education activities in curriculum planning
that encourage the participation of school
children in farm and garden-based agricultural
education activities;]
[(D)] (iv) demonstrate collaboration
between [eligible schools,
nongovernmental and community-based
organizations, agricultural producer
groups, and other community partners]
eligible institutions, State and local
agencies, 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);
[(E)] (v) include adequate and
participatory evaluation plans;
[(F)] (vi) demonstrate the potential
for long-term program sustainability;
[and]
(vii) expand the selection of local
commodities for eligible institutions;
(viii) identify and address chronic
diet-related health issues of children
served by eligible institutions; and
[(G)] (ix) meet any other criteria
that the Secretary determines
appropriate.
(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.
[(6)] (5) Evaluation.--As a condition of receiving a
grant under this subsection, each grant recipient shall
agree to cooperate in an evaluation by the Secretary of
the program carried out using grant funds.
[(7)] (6) Technical assistance.--[The Secretary shall
provide technical assistance and information to assist
eligible schools, State and local agencies, Indian
tribal organizations, and nonprofit entities]
(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 --
[(A)] (i) to facilitate the
coordination and sharing of information
and resources in the Department that
may be applicable to the farm to school
program;
[(B)] (ii) to collect and share
information on best practices; [and]
[(C)] (iii) to disseminate research
and data on existing farm to school
programs and the potential for programs
in underserved areas[.]; and
(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.
(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, Nutrition, 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 examine--
(I) the direct and indirect
regulatory compliance costs
affecting the production and
marketing of locally or
regionally produced
agricultural food products to
child nutrition programs;
(II) barriers to local and
regional child nutrition
program market 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 programs.
[(8)] (7) Funding.--
(A) In general.--On October 1, 2012, and each
October 1 thereafter, out of any funds in the
Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary to carry out this subsection
[$5,000,000] $15,000,000, to remain available
until expended.
(B) Receipt and acceptance.--The Secretary
shall be entitled to receive, shall accept, and
shall use to carry out this subsection the
funds transferred under subparagraph (A),
without further appropriation.
(C) Administration.--Of the funds provided to
the Secretary under subparagraph (A), not more
than 5 percent may be used to pay
administrative costs incurred by the Secretary
in carrying out this subsection.
[(9)] (8) Authorization of appropriations.--In
addition to the amounts made available under paragraph
(8), there are authorized to be appropriated to carry
out this subsection such sums as are necessary for each
of fiscal years [2011 through 2015] 2023 through 2028.
(h) Pilot Program for High-Poverty Schools.--
(1) In general.--
(A) Definitions.--In this paragraph:
(i) Eligible program.--The term
``eligible program'' means--
(I) a school-based program
with hands-on vegetable
gardening and nutrition
education that is incorporated
into the curriculum for 1 or
more grades at 2 or more
eligible schools; or
(II) a community-based summer
program with hands-on vegetable
gardening and nutrition
education that is part of, or
coordinated with, a summer
enrichment program at 2 or more
eligible schools.
(ii) Eligible school.--The term
``eligible school'' means a public
school, at least 50 percent of the
students of which are eligible for free
or reduced price meals under this Act.
(B) Establishment.--The Secretary shall carry
out a pilot program under which the Secretary
shall provide to nonprofit organizations or
public entities in not more than 5 States
grants to develop and run, through eligible
programs, community gardens at eligible schools
in the States that would--
(i) be planted, cared for, and
harvested by students at the eligible
schools; and
(ii) teach the students participating
in the community gardens about
agriculture production practices and
diet.
(C) Priority states.--Of the States in which
grantees under this paragraph are located--
(i) at least 1 State shall be among
the 15 largest States, as determined by
the Secretary;
(ii) at least 1 State shall be among
the 16th to 30th largest States, as
determined by the Secretary; and
(iii) at least 1 State shall be a
State that is not described in clause
(i) or (ii).
(D) Use of produce.--Produce from a community
garden provided a grant under this paragraph
may be--
(i) used to supplement food provided
at the eligible school;
(ii) distributed to students to bring
home to the families of the students;
or
(iii) donated to a local food bank or
senior center nutrition program.
(E) No cost-sharing requirement.--A nonprofit
organization or public entity that receives a
grant under this paragraph shall not be
required to share the cost of carrying out the
activities assisted under this paragraph.
(F) Evaluation.--A nonprofit organization or
public entity that receives a grant under this
paragraph shall be required to cooperate in an
evaluation carried out by the Secretary.
(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection for each of
fiscal years 2004 through 2015.
(i) Year-Round Services for Eligible Entities.--
(1) In general.--A service institution that is
described in section 13(a)(6) (excluding a public
school), or a private nonprofit organization described
in section 13(a)(7), and that is located in the State
of California may be reimbursed--
(A) for up to 2 meals during each day of
operation served--
(i) during the months of May through
September;
(ii) in the case of a service
institution that operates a food
service program for children on school
vacation, at anytime under a continuous
school calendar; and
(iii) in the case of a service
institution that provides meal service
at a nonschool site to children who are
not in school for a period during the
school year due to a natural disaster,
building repair, court order, or
similar case, at anytime during such a
period; and
(B) for a snack served during each day of
operation after school hours, weekends, and
school holidays during the regular school
calendar.
(2) Payments.--The service institution shall be
reimbursed consistent with section 13(b)(1).
(3) Administration.--To receive reimbursement under
this subsection, a service institution shall comply
with section 13, other than subsections (b)(2) and
(c)(1) of that section.
(4) Evaluation.--Not later than September 30, 2007,
the State agency shall submit to the Secretary a report
on the effect of this subsection on participation in
the summer food service program for children
established under section 13.
(5) Funding.--The Secretary shall provide to the
State of California such sums as are necessary to carry
out this subsection for each of fiscal years 2011
through 2015.
(j) Free Lunch and Breakfast Eligibility.--
(1) In general.--Subject to the availability of funds
under paragraph (4), the Secretary shall expand the
service of free lunches and breakfasts provided at
schools 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)
in all or part of 5 States selected by the Secretary
(of which at least 1 shall be a largely rural State
with a significant Native American population).
(2) Income eligibility.--The income guidelines for
determining eligibility for free lunches or breakfasts
under this subsection shall be 185 percent of the
applicable family size income levels contained in the
nonfarm income poverty guidelines prescribed by the
Office of Management and Budget, as adjusted annually
in accordance with section 9(b)(1)(B).
(3) Evaluation.--
(A) In general.--Not later than 3 years after
the implementation of this subsection, the
Secretary shall conduct an evaluation to assess
the impact of the changed income eligibility
guidelines by comparing the school food
authorities operating under this subsection to
school food authorities not operating under
this subsection.
(B) Impact assessment.--
(i) Children.--The evaluation shall
assess the impact of this subsection
separately on--
(I) children in households
with incomes less than 130
percent of the applicable
family income levels contained
in the nonfarm poverty income
guidelines prescribed by the
Office of Management and
Budget, as adjusted annually in
accordance with section
9(b)(1)(B); and
(II) children in households
with incomes greater than 130
percent and not greater than
185 percent of the applicable
family income levels contained
in the nonfarm poverty income
guidelines prescribed by the
Office of Management and
Budget, as adjusted annually in
accordance with section
9(b)(1)(B).
(ii) Factors.--The evaluation shall
assess the impact of this subsection
on--
(I) certification and
participation rates in the
school lunch and breakfast
programs;
(II) rates of lunch- and
breakfast-skipping;
(III) academic achievement;
(IV) the allocation of funds
authorized in title I of the
Elementary and Secondary
Education Act (20 U.S.C. 6301)
to local educational agencies
and public schools; and
(V) other factors determined
by the Secretary.
(C) Cost assessment.--The evaluation shall
assess the increased costs associated with
providing additional free, reduced price, or
paid meals in the school food authorities
operating under this subsection.
(D) Report.--On completion of the evaluation,
the Secretary shall submit to the [Committee on
Education and the Workforce] Committee on
Education and Labor of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate a report describing the results of the
evaluation under this paragraph.
(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection, to remain
available until expended.
(k) Organic Food Pilot Program.--
(1) Establishment.--The Secretary shall establish an
organic food pilot program (referred to in this
subsection as the ``pilot program'') under which the
Secretary shall provide grants on a competitive basis
to school food authorities selected under paragraph
(3).
(2) Use of funds.--
(A) In general.--The Secretary shall use
funds provided under this section--
(i) to enter into competitively
awarded contracts or cooperative
agreements with school food authorities
selected under paragraph (3); or
(ii) to make grants to school food
authority applicants selected under
paragraph (3).
(B) School food authority uses of funds.--A
school food authority that receives a grant
under this section shall use the grant funds to
establish a pilot program that increases the
quantity of organic foods provided to
schoolchildren under the school lunch program
established under this Act.
(3) Application.--
(A) In general.--A school food authority
seeking a contract, grant, or cooperative
agreement under this subsection shall submit to
the Secretary an application in such form,
containing such information, and at such time
as the Secretary shall prescribe.
(B) Criteria.--In selecting contract, grant,
or cooperative agreement recipients, the
Secretary shall consider--
(i) 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 that section)) applicable
to a family of the size involved of the
households in the district served by
the school food authority, giving
preference to school food authority
applicants in which not less than 50
percent of the households in the
district are at or below the Federal
poverty line;
(ii) the commitment of each school
food authority applicant--
(I) to improve the
nutritional value of school
meals;
(II) to carry out innovative
programs that improve the
health and wellness of
schoolchildren; and
(III) to evaluate the outcome
of the pilot program; and
(iii) any other criteria the
Secretary determines to be appropriate.
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $10,000,000 for fiscal years 2011 through
2015.
(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 Secretary shall consider--
(A) any new or additional administrative
processes and technology needed 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 Secretary 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.
* * * * * * *
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 competitive basis, to school food
authorities to promote scratch cooking.
(b) Application.--To be eligible for a grant under this
section, a school food authority shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(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, procuring, 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
culinary 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 program 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
technical 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
technical 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 section
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 involving
eligible entities, school food service
administrators, or school food service
directors;
(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
geographic 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 subsection.
(g) Report.--Not later than 180 days after the conclusion of
the grant period described 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 appropriated $20,000,000 to carry out this section for each
of fiscal years 2024 through 2028.
SEC. 22. COMPLIANCE AND ACCOUNTABILITY.
(a) Unified Accountability System.--
(1) In general.--There shall be a unified system
prescribed and administered by the Secretary to ensure
that local food service authorities participating in
the school lunch program established under this Act and
the school breakfast program established by section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
comply with those Acts, including compliance with--
(A) the nutritional requirements of section
9(f) of this Act for school lunches; and
(B) as applicable, the nutritional
requirements for school breakfasts under
section 4(e)(1) of the Child Nutrition Act of
1966 (42 U.S.C. 1773(e)(1)).
(b) Functions of System.--
(1) In general.--Under the system described in
subsection (a), each State educational agency shall--
(A) require that local food service
authorities comply with the nutritional
requirements described in subparagraphs (A) and
(B) of paragraph (1);
(B) to the maximum extent practicable, ensure
compliance through reasonable audits and
supervisory assistance reviews;
(C) in conducting audits and reviews for the
purpose of determining compliance with this
Act, including the nutritional requirements of
section 9(f)--
(i) conduct audits and reviews during
a 3-year cycle or other period
prescribed by the Secretary;
(ii) select schools for review in
each local educational agency using
criteria established by the Secretary;
(iii) report the final results of the
reviews to the public in the State in
an accessible, easily understood manner
in accordance with guidelines
promulgated by the Secretary; and
(iv) submit to the Secretary each
year a report containing the results of
the reviews in accordance with
procedures developed by the Secretary;
and
(D) when any local food service authority is
reviewed under this section, ensure that the
final results of the review by the State
educational agency are posted and otherwise
made available to the public on request in an
accessible, easily understood manner in
accordance with guidelines promulgated by the
Secretary.
(2) Minimization of additional duties.--Each State
educational agency shall coordinate the compliance and
accountability activities described in paragraph (1) in
a manner that minimizes the imposition of additional
duties on local food service authorities.
(3) Additional review requirement for selected local
educational agencies.--
(A) Definition of selected local educational
agencies.--In this paragraph, the term
``selected local educational agency'' means a
local educational agency that has a
demonstrated high level of, or a high risk for,
administrative error, as determined by the
Secretary.
(B) Additional administrative review.--In
addition to any review required by subsection
(a) or paragraph (1), each State educational
agency shall conduct an administrative review
of each selected local educational agency
during the review cycle established under
subsection (a).
(C) Scope of review.--In carrying out a
review under subparagraph (B), a State
educational agency shall only review the
administrative processes of a selected local
educational agency, including application,
certification, verification, meal counting, and
meal claiming procedures.
(D) Results of review.--If the State
educational agency determines (on the basis of
a review conducted under subparagraph (B)) that
a selected local educational agency fails to
meet performance criteria established by the
Secretary, the State educational agency shall--
(i) require the selected local
educational agency to develop and carry
out an approved plan of corrective
action;
(ii) except to the extent technical
assistance is provided directly by the
Secretary, provide technical assistance
to assist the selected local
educational agency in carrying out the
corrective action plan; and
(iii) conduct a followup review of
the selected local educational agency
under standards established by the
Secretary.
(4) Retaining funds after administrative reviews.--
(A) In general.--Subject to subparagraphs (B)
and (C), if the local educational agency fails
to meet administrative performance criteria
established by the Secretary in both an initial
review and a followup review under paragraph
(1) or (3) or subsection (a), the Secretary may
require the State educational agency to retain
funds that would otherwise be paid to the local
educational agency for school meals programs
under procedures prescribed by the Secretary.
(B) Amount.--The amount of funds retained
under subparagraph (A) shall equal the value of
any overpayment made to the local educational
agency or school food authority as a result of
an erroneous claim during the time period
described in subparagraph (C).
(C) Time period.--The period for determining
the value of any overpayment under subparagraph
(B) shall be the period--
(i) beginning on the date the
erroneous claim was made; and
(ii) ending on the earlier of the
date the erroneous claim is corrected
or--
(I) in the case of the first
followup review conducted by
the State educational agency of
the local educational agency
under this section after July
1, 2005, the date that is 60
days after the beginning of the
period under clause (i); or
(II) in the case of any
subsequent followup review
conducted by the State
educational agency of the local
educational agency under this
section, the date that is 90
days after the beginning of the
period under clause (i).
(5) Use of retained funds.--
(A) In general.--Subject to subparagraph (B),
funds retained under paragraph (4) shall--
(i) be returned to the Secretary, and
may be used--
(I) to provide training and
technical assistance related to
administrative practices
designed to improve program
integrity and administrative
accuracy in school meals
programs to State educational
agencies and, to the extent
determined by the Secretary, to
local educational agencies and
school food authorities;
(II) to assist State
educational agencies in
reviewing the administrative
practices of local educational
agencies in carrying out school
meals programs; and
(III) to carry out section
21(f); or
(ii) be credited to the child
nutrition programs appropriation
account.
(B) State share.--A State educational agency
may retain not more than 25 percent of an
amount recovered under paragraph (4), to carry
out school meals program integrity initiatives
to assist local educational agencies and school
food authorities that have repeatedly failed,
as determined by the Secretary, to meet
administrative performance criteria.
(C) Requirement.--To be eligible to retain
funds under subparagraph (B), a State
educational agency shall--
(i) submit to the Secretary a plan
describing how the State educational
agency will use the funds to improve
school meals program integrity,
including measures to give priority to
local educational agencies from which
funds were retained under paragraph
(4);
(ii) consider using individuals who
administer exemplary local food service
programs in the provision of training
and technical assistance; and
(iii) obtain the approval of the
Secretary for the plan.
(6) Eligibility determination review for selected
local educational agencies.--
(A) In general.--A local educational agency
that has demonstrated a high level of, or a
high risk for, administrative error associated
with certification, verification, and other
administrative processes, as determined by the
Secretary, shall ensure that the initial
eligibility determination for each application
is reviewed for accuracy prior to notifying a
household of the eligibility or ineligibility
of the household for free or reduced price
meals.
(B) Timeliness.--The review of initial
eligibility determinations--
(i) shall be completed in a timely
manner; and
(ii) shall not result in the delay of
an eligibility determination for more
than 10 operating days after the date
on which the application is submitted.
(C) Acceptable types of review.--Subject to
standards established by the Secretary, the
system used to review eligibility
determinations for accuracy shall be conducted
by an individual or entity that did not make
the initial eligibility determination.
(D) Notification of household.--Once the
review of an eligibility determination has been
completed under this paragraph, the household
shall be notified immediately of the
determination of eligibility or ineligibility
for free or reduced price meals.
(E) Reporting.--
(i) Local educational agencies.--In
accordance with procedures established
by the Secretary, each local
educational agency required to review
initial eligibility determinations
shall submit to the relevant State
agency a report describing the results
of the reviews, including--
(I) the number and percentage
of reviewed applications for
which the eligibility
determination was changed and
the type of change made; and
(II) such other information
as the Secretary determines to
be necessary.
(ii) State agencies.--In accordance
with procedures established by the
Secretary, each State agency shall
submit to the Secretary a report
describing the results of the reviews
of initial eligibility determinations,
including--
(I) the number and percentage
of reviewed applications for
which the eligibility
determination was changed and
the type of change made; and
(II) such other information
as the Secretary determines to
be necessary.
(iii) Transparency.--The Secretary
shall publish annually the results of
the reviews of initial eligibility
determinations by State, number,
percentage, and type of error.
(c) Role of Secretary.--In carrying out this section, the
Secretary shall--
(1) assist the State educational agency in the
monitoring of programs conducted by local food service
authorities; and
(2) through management evaluations, review the
compliance of the State educational agency and the
local school food service authorities with regulations
issued under this Act.
(d) Authorization of Appropriations.--There is authorized to
be appropriated for purposes of carrying out the compliance and
accountability activities referred to in subsection (c)
$10,000,000 for each of [fiscal years 2011 through 2015] fiscal
years 2023 through 2028.
(e) Fines for Violating Program Requirements.--
(1) School food authorities and schools.--
(A) In general.--The Secretary shall
establish criteria by which the Secretary or a
State agency may impose a fine against any
school food authority or school administering a
program authorized under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
if the Secretary or the State agency determines
that the school food authority or school has--
(i) failed to correct severe
mismanagement of the program;
(ii) disregarded a program
requirement of which the school food
authority or school had been informed;
or
(iii) failed to correct repeated
violations of program requirements.
(B) Limits.--
(i) In general.--In calculating the
fine for a school food authority or
school, the Secretary shall base the
amount of the fine on the reimbursement
earned by school food authority or
school for the program in which the
violation occurred.
(ii) Amount.--The amount under clause
(i) shall not exceed--
(I) 1 percent of the amount
of meal reimbursements earned
for the fiscal year for the
first finding of 1 or more
program violations under
subparagraph (A);
(II) 5 percent of the amount
of meal reimbursements earned
for the fiscal year for the
second finding of 1 or more
program violations under
subparagraph (A); and
(III) 10 percent of the
amount of meal reimbursements
earned for the fiscal year for
the third or subsequent finding
of 1 or more program violations
under subparagraph (A).
(2) State agencies.--
(A) In general.--The Secretary shall
establish criteria by which the Secretary may
impose a fine against any State agency
administering a program authorized under this
Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) if the Secretary
determines that the State agency has--
(i) failed to correct severe
mismanagement of the program;
(ii) disregarded a program
requirement of which the State had been
informed; or
(iii) failed to correct repeated
violations of program requirements.
(B) Limits.--In the case of a State agency,
the amount of a fine under subparagraph (A)
shall not exceed--
(i) 1 percent of funds made available
under section 7(a) of the Child
Nutrition Act of 1966 (42 U.S.C.
1776(a)) for State administrative
expenses during a fiscal year for the
first finding of 1 or more program
violations under subparagraph (A);
(ii) 5 percent of funds made
available under section 7(a) of the
Child Nutrition Act of 1966 (42 U.S.C.
1776(a)) for State administrative
expenses during a fiscal year for the
second finding of 1 or more program
violations under subparagraph (A); and
(iii) 10 percent of funds made
available under section 7(a) of the
Child Nutrition Act of 1966 (42 U.S.C.
1776(a)) for State administrative
expenses during a fiscal year for the
third or subsequent finding of 1 or
more program violations under
subparagraph (A).
(3) Source of funding.--Funds to pay a fine imposed
under paragraph (1) or (2) shall be derived from non-
Federal sources.
* * * * * * *
SEC. 26. INFORMATION CLEARINGHOUSE.
(a) In General.--The Secretary shall enter into a contract
with a nongovernmental organization described in subsection (b)
to establish and maintain a clearinghouse to provide
information to nongovernmental groups located throughout the
United States that assist low-income individuals or communities
regarding food assistance, self-help activities to aid
individuals in becoming self-reliant, and other activities that
empower low-income individuals or communities to improve the
lives of low-income individuals and reduce reliance on Federal,
State, or local governmental agencies for food or other
assistance.
(b) Nongovernmental Organization.--The nongovernmental
organization referred to in subsection (a) shall be selected on
a competitive basis and shall--
(1) be experienced in the gathering of first-hand
information in all the States through onsite visits to
grassroots organizations in each State that fight
hunger and poverty or that assist individuals in
becoming self-reliant;
(2) be experienced in the establishment of a
clearinghouse similar to the clearinghouse described in
subsection (a);
(3) agree to contribute in-kind resources towards the
establishment and maintenance of the clearinghouse and
agree to provide clearinghouse information, free of
charge, to the Secretary, States, counties, cities,
antihunger groups, and grassroots organizations that
assist individuals in becoming self-sufficient and
self-reliant;
(4) be sponsored by an organization, or be an
organization, that--
(A) has helped combat hunger for at least 10
years;
(B) is committed to reinvesting in the United
States; and
(C) is knowledgeable regarding Federal
nutrition programs;
(5) be experienced in communicating the purpose of
the clearinghouse through the media, including the
radio and print media, and be able to provide access to
the clearinghouse information through computer or
telecommunications technology, as well as through the
mails; and
(6) be able to provide examples, advice, and guidance
to States, counties, cities, communities, antihunger
groups, and local organizations regarding means of
assisting individuals and communities to reduce
reliance on government programs, reduce hunger, improve
nutrition, and otherwise assist low-income individuals
and communities become more self-sufficient.
(c) Audits.--The Secretary shall establish fair and
reasonable auditing procedures regarding the expenditures of
funds to carry out this section.
(d) Funding.--Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall pay to the
Secretary to provide to the organization selected under this
section, to establish and maintain the information
clearinghouse, $200,000 for each of fiscal years 1995 and 1996,
$150,000 for fiscal year 1997, $100,000 for fiscal year 1998,
$166,000 for each of fiscal years 1999 through 2004, and
[$250,000 for each of fiscal years 2010 through 2023] $500,000
for each of fiscal years 2023 through 2028. The Secretary shall
be entitled to receive the funds and shall accept the funds,
without further appropriation.
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 subsection 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 agency 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,
maintenance, 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
cooking, facilitate the use of salad bars; or
(B) improving or adapting equipment needed to
serve healthy meals, including 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 preparing applications.
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,
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 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 appropriated under subsection (c),
publish on the publicly available website of the
Department a report that includes the findings of the
study required under paragraph (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 student 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 participating 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.
----------
CHILD NUTRITION ACT OF 1966
* * * * * * *
SEC. 7. STATE ADMINISTRATIVE EXPENSES.
(a) Amount and Allocation of Funds.--
(1) Amount available.--
(A) In general.--Each fiscal year, the
Secretary shall make available to the States
for their administrative costs an amount equal
to not less than 1\1/2\ percent of the Federal
funds expended under sections 4, 11, and 17 of
the Richard B. Russell National School Lunch
Act and sections 3 and 4 of this Act during the
second preceding fiscal year.
(B) Allocation.--The Secretary shall allocate
the funds so provided in accordance with
paragraphs (2), (3), and (4) of this
subsection.
(2) Expense grants.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall allocate to each State for
administrative costs incurred in any fiscal
year in connection with the programs authorized
under the Richard B. Russell National School
Lunch Act or under this Act, except for the
programs authorized under section 13 or 17 of
the Richard B. Russell National School Lunch
Act or under section 17 of this Act, an amount
equal to not less than 1 percent and not more
than 1\1/2\ percent of the funds expended by
each State under sections 4 and 11 of the
Richard B. Russell National School Lunch Act
and sections 3 and 4 of this Act during the
second preceding fiscal year.
(B) Minimum amount.--
(i) In general.--In no case shall the
grant available to any State under this
paragraph be less than the amount such
State was allocated in the fiscal year
ending September 30, 1981, or $200,000
(as adjusted under clause (ii),
whichever is larger.
(ii) Adjustment.--On October 1, 2008,
and each October 1 thereafter, the
minimum dollar amount for a fiscal year
specified in clause (i) shall be
adjusted to reflect the percentage
change between--
(I) the value of the index
for State and local government
purchases, as published by the
Bureau of Economic Analysis of
the Department of Commerce, for
the 12-month period ending June
30 of the second preceding
fiscal year; and
(II) the value of that index
for the 12-month period ending
June 30 of the preceding fiscal
year.
(3) The Secretary shall allocate to each State for its
administrative costs incurred under the program authorized by
section 17 of the Richard B. Russell National School Lunch Act
in any fiscal year an amount, based upon funds expended under
that program in the second preceding fiscal year, equal to (A)
20 percent of the first $50,000, (B) 10 percent of the next
$100,000, (C) 5 percent of the next $250,000, and (D) 2\1/2\
percent of any remaining funds. If an agency in the State other
than the State educational agency administers such program, the
State shall ensure that an amount equal to no less than the
funds due the State under this paragraph is provided to such
agency for costs incurred by such agency in administering the
program, except as provided in paragraph (5). The Secretary may
adjust any State's allocation to reflect changes in the size of
its program.
(4) The remaining funds appropriated under this section shall
be allocated among the States by the Secretary in amounts the
Secretary determines necessary for the improvement in the
States of the administration of the programs authorized under
the Richard B. Russell National School Lunch Act and this Act,
except for section 17 of this Act, including, but not limited
to, improved program integrity and the quality of meals served
to children.
(5)(A) Not more than 25 percent of the amounts made available
to each State under this section for the fiscal year 1991 and
20 percent of the amounts made available to each State under
this section for the fiscal year 1992 and for each succeeding
fiscal year may remain available for obligation [or
expenditure] in the fiscal year succeeding the fiscal year for
which such amounts were appropriated.
(B) Reallocation of funds.--
(i) Return to secretary.--For each fiscal
year, any amounts appropriated that are not
obligated or expended during the fiscal year
and are not carried over for the succeeding
fiscal year under subparagraph (A) shall be
returned to the Secretary.
(ii) Reallocation by secretary.--The
Secretary shall allocate, for purposes of
administrative costs, any remaining amounts
among States that demonstrate a need for the
amounts.
(6) Use of administrative funds.--Funds available to
a State under this subsection and under section
13(k)(1) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1761(k)(1)) may be used by the
State for the costs of administration of the programs
authorized under this Act (except for the programs
authorized under sections 17 and 21) and the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) without regard to the basis on which the funds
were earned and allocated.
(7) Where the Secretary is responsible for the administration
of programs under this Act or the Richard B. Russell National
School Lunch Act, the amount of funds that would be allocated
to the State agency under this section and under section
13(k)(1) of the Richard B. Russell National School Lunch Act
shall be retained by the Secretary for the Secretary's use in
the administration of such programs.
(8) In the fiscal year 1991 and each succeeding fiscal year,
in accordance with regulations issued by the Secretary, each
State shall ensure that the State agency administering the
distribution of commodities under programs authorized under
this Act and under the Richard B. Russell National School Lunch
Act is provided, from funds made available to the State under
this subsection, an appropriate amount of funds for
administrative costs incurred in distributing such commodities.
In developing such regulations, the Secretary may consider the
value of commodities provided to the State under this Act and
under the Richard B. Russell National School Lunch Act.
(9)(A) If the Secretary determines that the administration of
any program by a State under this Act (other than section 17)
or under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) (including any requirement to provide
sufficient training, technical assistance, and monitoring of
the child and adult care food program under section 17 of that
Act (42 U.S.C. 1766)), or compliance with a regulation issued
pursuant to either of such Acts, is seriously deficient, and
the State fails to correct the deficiency within a specified
period of time, the Secretary may withhold from the State some
or all of the funds allocated to the State under this section
or under section 13(k)(1) or 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(k)(1) or 1766).
(B) On a subsequent determination by the Secretary that the
administration of any program referred to in subparagraph (A),
or compliance with the regulations issued to carry out the
program, is no longer seriously deficient and is operated in an
acceptable manner, the Secretary may allocate some or all of
the funds withheld under such subparagraph.
(b) Funds paid to a State under subsection (a) of this
section may be used to pay salaries, including employee
benefits and travel expenses, for administrative and
supervisory personnel; for support services; for office
equipment; and for staff development.
(c) If any State agency agrees to assume responsibility for
the administration of food service programs in nonprofit
private schools or child care institutions that were previously
administered by the Secretary, an appropriate adjustment shall
be made in the administrative funds paid under this section to
the State not later than the succeeding fiscal year.
(d) Notwithstanding any other provision of law, funds made
available to each State under this section shall remain
available for obligation [and expenditure] by that State during
the fiscal year immediately following the fiscal year for which
such funds were made available. For each fiscal year the
Secretary shall establish a date by which each State shall
submit to the Secretary a plan for the disbursement of funds
provided under this section for each such year, and the
Secretary shall reallocate any unused funds, as evidenced by
such plans, to other States as the Secretary considers
appropriate.
(e) Plans for Use of Administrative Expense Funds.--
(1) In general.--Each State shall submit to the
Secretary for approval by October 1 of the initial
fiscal year a plan for the use of State administrative
expense funds, including a staff formula for State
personnel, system level supervisory and operating
personnel, and school level personnel.
(2) Updates and information management systems.--
(A) In general.--After submitting the initial
plan, a State shall be required to submit to
the Secretary for approval only a substantive
change in the plan.
(B) Plan contents.--Each State plan shall, at
a minimum, include a description of how
technology and information management systems
will be used to improve program integrity by--
(i) monitoring the nutrient content
of meals served;
(ii) training local educational
agencies, school food authorities, and
schools in how to use technology and
information management systems
(including verifying eligibility for
free or reduced price meals using
program participation or income data
gathered by State or local agencies);
and
(iii) using electronic data to
establish benchmarks to compare and
monitor program integrity, program
participation, and financial data.
(3) Training and technical assistance.--Each State
shall submit to the Secretary for approval a plan
describing the manner in which the State intends to
implement subsection (g) and section 22(b)(3) of the
Richard B. Russell National School Lunch Act.
(f) Payments of funds under this section shall be made only
to States that agree to maintain a level of funding out of
State revenues, for administrative costs in connection with
programs under this Act (except section 17 of this Act) and the
Richard B. Russell National School Lunch Act (except section 13
of that Act ), not less than the amount expended or obligated
in fiscal year 1977, and that agree to participate fully in any
studies authorized by the Secretary.
(g) Professional Standards for School Food Service.--
(1) Criteria for school food service and state agency
directors.--
(A) School food service directors.--
(i) In general.--The Secretary shall
establish a program of required
education, training, and certification
for all school food service directors
responsible for the management of a
school food authority.
(ii) Requirements.--The program shall
include--
(I) minimum educational
requirements necessary to
successfully manage the school
lunch program established 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 this Act;
(II) minimum program training
and certification criteria for
school food service directors;
and
(III) minimum periodic
training criteria to maintain
school food service director
certification.
(B) School nutrition state agency
directors.--The Secretary shall establish
criteria and standards for States to use in the
selection of State agency directors with
responsibility for the school lunch program
established 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 this Act.
(C) Training program partnership.--The
Secretary may provide financial and other
assistance to 1 or more professional food
service management organizations--
(i) to establish and manage the
program under this paragraph; and
(ii) to develop voluntary training
and certification programs for other
school food service workers.
(D) Required date of compliance.--
(i) School food service directors.--
The Secretary shall establish a date by
which all school food service directors
whose local educational agencies are
participating in the school lunch
program established 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 this Act shall be required
to comply with the education, training,
and certification criteria established
in accordance with subparagraph (A).
(ii) School nutrition state agency
directors.--The Secretary shall
establish a date by which all State
agencies shall be required to comply
with criteria and standards established
in accordance with subparagraph (B) for
the selection of State agency directors
with responsibility for the school
lunch program established 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 this Act.
(2) Training and certification of food service
personnel.--
(A) Training for individuals conducting or
overseeing administrative procedures.--
(i) In general.--At least annually,
each State shall provide training in
administrative practices (including
training in application, certification,
verification, meal counting, and meal
claiming procedures) to local
educational agency and school food
authority personnel and other
appropriate personnel.
(ii) Federal role.--The Secretary
shall--
(I) provide training and
technical assistance described
in clause (i) to the State; or
(II) at the option of the
Secretary, directly provide
training and technical
assistance described in clause
(i).
(iii) Required participation.--In
accordance with procedures established
by the Secretary, each local
educational agency or school food
authority shall ensure that an
individual conducting or overseeing
administrative procedures described in
clause (i) receives training at least
annually, unless determined otherwise
by the Secretary.
(B) Training and certification of all local
food service personnel.--
(i) In general.--The Secretary shall
provide training designed to improve--
(I) the accuracy of approvals
for free and reduced price
meals; and
(II) the identification of
reimbursable meals at the point
of service.
(ii) Certification of local
personnel.--In accordance with criteria
established by the Secretary, local
food service personnel shall complete
annual training and receive annual
certification--
(I) to ensure program
compliance and integrity; and
(II) to demonstrate
competence in the training
provided under clause (i).
(iii) Training modules.--In addition
to the topics described in clause (i),
a training program carried out under
this subparagraph shall include
training modules on--
(I) nutrition;
(II) health and food safety
standards and methodologies;
and
(III) any other appropriate
topics, as determined by the
Secretary.
(iv) Availability and appropriateness
of training.--Training carried 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
considered 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
attend such training;
and
(III) offered in-person and
incorporate hands-on training
techniques, 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.
(3) Funding.--
(A) In general.--Out of any funds in the
Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary to carry out this subsection, to
remain available until expended--
(i) on October 1, 2010, $5,000,000;
and
(ii) on each October 1 thereafter,
$1,000,000.
(B) Receipt and acceptance.--The Secretary
shall be entitled to receive, shall accept, and
shall use to carry out this subsection the
funds transferred under subparagraph (A),
without further appropriation.
(h) Funding for Training and Administrative Reviews.--
(1) Funding.--
(A) In general.--On October 1, 2004, and on
each October 1 thereafter, out of any funds in
the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary of Agriculture to carry out this
subsection $4,000,000, to remain available
until expended.
(B) Receipt and acceptance.--The Secretary
shall be entitled to receive, shall accept, and
shall use to carry out this subsection the
funds transferred under subparagraph (A),
without further appropriation.
(2) Use of funds.--
(A) In general.--Except as provided in
subparagraph (B), the Secretary shall use funds
provided under this subsection to assist States
in carrying out subsection (g) and
administrative reviews of selected local
educational agencies carried out under section
22 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769c).
(B) Exception.--The Secretary may retain a
portion of the amount provided to cover costs
of activities carried out by the Secretary in
lieu of the State.
(3) Allocation.--The Secretary shall allocate funds
provided under this subsection to States based on the
number of local educational agencies that have
demonstrated a high level of, or a high risk for,
administrative error, as determined by the Secretary,
taking into account the requirements established by the
Child Nutrition and WIC Reauthorization Act of 2004 and
the amendments made by that Act.
(4) Reallocation.--The Secretary may reallocate, to
carry out this section, any amounts made available to
carry out this subsection that are not obligated or
expended, as determined by the Secretary.
(i) Technology Infrastructure Improvement.--
(1) In general.--Each State shall submit to the
Secretary, for approval by the Secretary, an amendment
to the plan required by subsection (e) that describes
the manner in which funds provided under this section
will be used for technology and information management
systems.
(2) Requirements.--The amendment shall, at a minimum,
describe the manner in which the State will improve
program integrity by--
(A) monitoring the nutrient content of meals
served;
(B) providing training to local educational
agencies, school food authorities, and schools
on the use of technology and information
management systems for activities including--
(i) menu planning;
(ii) collection of point-of-sale
data; and
(iii) the processing of applications
for free and reduced price meals; and
(C) using electronic data to establish
benchmarks to compare and monitor program
integrity, program participation, and financial
data across schools and school food
authorities.
(3) Technology infrastructure grants.--
(A) In general.--Subject to the availability
of funds made available under paragraph (4) to
carry out this paragraph, the Secretary shall,
on a competitive basis, provide funds to States
to be used to provide grants to local
educational agencies, school food authorities,
and schools to defray the cost of purchasing or
upgrading technology and information management
systems for use in programs authorized by this
Act (other than section 17) and the Richard B.
Russell National School Lunch Act (42 U.S.C.
1751 et seq.).
(B) Infrastructure development plan.--To be
eligible to receive a grant under this
paragraph, a school or school food authority
shall submit to the State a plan to purchase or
upgrade technology and information management
systems that addresses potential cost savings
and methods to improve program integrity,
including--
(i) processing and verification of
applications for free and reduced price
meals;
(ii) integration of menu planning,
production, and serving data to monitor
compliance with section 9(f)(1) of the
Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(f)(1)); and
(iii) compatibility with statewide
reporting systems.
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection such sums as are necessary for each of
fiscal years [2010 through 2015] 2023 through 2028, to
remain available until expended.
(j) For the fiscal year beginning October 1, 1977, and each
succeeding fiscal year ending before [October 1, 2015] October
1, 2028, there are hereby authorized to be appropriated such
sums as may be necessary for the purposes of this section.
* * * * * * *
SEC. 10. REGULATIONS.
(a) In General.--The Secretary shall prescribe such
regulations as the Secretary may deem necessary to carry out
this Act and the Richard B. Russell National School Lunch Act,
including regulations relating to the service of food in
participating schools and service institutions in competition
with the programs authorized under this Act and the Richard B.
Russell National School Lunch Act.
[(b) National School Nutrition Standards.--]
[(1)] (b) Proposed Regulations.--
[(A)] (1) In general.--The [Secretary shall--]
Secretary shall
[(i) establish science-based] establish
science-based nutrition standards 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) for foods sold in schools other
than foods provided under this Act and the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.)[; and].
[(ii) not later than 1 year after the date of
enactment of this paragraph, promulgate
proposed regulations to carry out clause (i).]
[(B)] (2) Application.--The nutrition standards shall
apply to all foods sold--
(i) outside the school meal programs;
(ii) on the school campus; and
(iii) at any time during the school day.
[(C)] (3) Requirements.--In establishing nutrition
standards under this paragraph, the Secretary shall--
(i) establish standards that are consistent
with the most recent Dietary Guidelines for
Americans published under section 301 of the
National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341), including
the food groups to encourage and nutrients of
concern identified in the Dietary Guidelines;
and
(ii) consider--
(I) authoritative scientific
recommendations for nutrition
standards;
(II) existing school nutrition
standards, including voluntary
standards for beverages and snack foods
and State and local standards;
(III) the practical application of
the nutrition standards; and
(IV) special exemptions for school-
sponsored fundraisers (other than
fundraising through vending machines,
school stores, snack bars, a la carte
sales, and any other exclusions
determined by the Secretary), if the
fundraisers are approved by the school
and are infrequent within the school.
[(D) Updating standards.--As soon as practicable
after the date of publication by the Department of
Agriculture and the Department of Health and Human
Services of a new edition 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), the Secretary shall review and update as
necessary the school nutrition standards and
requirements established under this subsection.]
[(2) Implementation.--
[(A) Effective date.--The interim or final
regulations under this subsection shall take
effect at the beginning of the school year that
is not earlier than 1 year and not later than 2
years following the date on which the
regulations are finalized.
[(B) Reporting.--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 quarterly report that
describes progress made toward promulgating
final regulations under this subsection.]
(4) Updating standards.--Not later than 1 year after
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) 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 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:
(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 requirements
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 appropriated 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.
(c) In such regulations the Secretary may provide for the
transfer of funds by any State between the programs authorized
under this Act and the Richard B. Russell National School Lunch
Act on the basis of an approved State plan of operation for the
use of the funds and may provide for the reserve of up to 1 per
centum of the funds available for apportionment to any State to
carry out special developmental projects.
* * * * * * *
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
Sec. 17. (a) Congress finds that substantial numbers of
pregnant, postpartum, and breastfeeding women, infants, and
young children from families with inadequate income are at
special risk with respect to their physical and mental health
by reason of inadequate nutrition or health care, or both. It
is, therefore, the purpose of the program authorized by this
section to provide, up to the authorization levels set forth in
subsection (g) of this section, supplemental foods and
nutrition education, including breastfeeding promotion and
support, through any eligible local agency that applies for
participation in the program. The program shall serve as an
adjunct to good health care, during critical times of growth
and development, to prevent the occurrence of health problems,
including [drug abuse] substance use disorder, and improve the
health status of these persons.
(b) As used in this section--
[(1) ``Breastfeeding women'' means women up to one
year postpartum who are breastfeeding their infants.
[(2) ``Children'' means persons who have had their
first birthday but have not yet attained their fifth
birthday.]
(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.
(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 subsection
(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.
(3) ``Competent professional authority'' means
physicians, nutritionists, registered nurses,
dietitians, or State or local medically trained health
officials, or persons designated by physicians or State
or local medically trained health officials, in
accordance with standards prescribed by the Secretary,
as being competent professionally to evaluate
nutritional risk.
(4) ``Costs of nutrition services and
administration'' or ``nutrition services and
administration'' means costs that shall include, but
not be limited to, costs for certification of
eligibility of persons for participation in the program
(including centrifuges, measuring boards,
spectrophotometers, and scales used for the
certification), food delivery, monitoring, nutrition
education, breastfeeding support and promotion,
outreach, startup costs, and general administration
applicable to implementation of the program under this
section, such as the cost of staff, transportation,
insurance, developing and printing food instruments,
and administration of State and local agency offices.
(5) ``Infants'' means persons under one year of age.
(6) ``Local agency'' means a public health or welfare
agency or a private nonprofit health or welfare agency,
which, directly or through an agency or physician with
which it has contracted, provides health services. The
term shall include an Indian tribe, band, or group
recognized by the Department of the Interior, the
Indian Health Service of the Department of Health and
Human Services, or an intertribal council or group that
is an authorized representative of Indian tribes,
bands, or groups recognized by the Department of the
Interior.
(7) Nutrition education.--The term ``nutrition
education'' means individual and group sessions and the
provision of material that are designed to improve
health status and achieve positive change in dietary
and physical activity habits, and that emphasize the
relationship between nutrition, physical activity, and
health, all in keeping with the personal and cultural
preferences of the individual.
(8) ``Nutritional risk'' means (A) detrimental or
abnormal nutritional conditions detectable by
biochemical or anthropometric measurements, (B) other
documented nutritionally related medical conditions,
(C) dietary deficiencies that impair or endanger
health, (D) conditions that directly affect the
nutritional health of a person, such as alcoholism or
[drug abuse] substance use disorder, or (E) conditions
that predispose persons to inadequate nutritional
patterns or nutritionally related medical conditions,
including, but not limited to, homelessness and
migrancy.
(9) ``Plan of operation and administration'' means a
document that describes the manner in which the State
agency intends to implement and operate the program.
[(10) ``Postpartum women'' means women up to six
months after termination of pregnancy.
[(11) ``Pregnant women'' means women determined to
have one or more fetuses in utero.]
(10) Postpartum woman.--The term ``postpartum woman''
means--
(A) before October 1, 2026, an individual up
to six months after termination of pregnancy;
and
(B) on and after October 1, 2026, an
individual up to 2 years after termination of
pregnancy.
(11) Pregnant woman.--The term ``pregnant woman''
means an individual determined to have one or more
fetuses in utero.
(12) ``Secretary'' means the Secretary of
Agriculture.
(13) ``State agency'' means the health department or
comparable agency of each State; an Indian tribe, band,
or group recognized by the Department of the Interior;
an intertribal council or group that is the authorized
representative of Indian tribes, bands, or groups
recognized by the Department of the Interior; or the
Indian Health Service of the Department of Health and
Human Services.
(14) ``Supplemental foods'' means those foods
containing nutrients determined by nutritional research
to be lacking in the diets of pregnant, breastfeeding,
and postpartum women, infants, and children and foods
that promote the health of the population served by the
program authorized by this section, as indicated by
relevant nutrition science, public health concerns, and
cultural eating patterns, as prescribed by the
Secretary. State agencies may, with the approval of the
Secretary, substitute different foods providing the
nutritional equivalent of foods prescribed by the
Secretary, to allow for different cultural eating
patterns.
(15) ``Homeless individual'' means--
(A) an individual who lacks a fixed and
regular nighttime residence; or
(B) an individual whose primary nighttime
residence is--
(i) a supervised publicly or
privately operated shelter (including a
welfare hotel or congregate shelter)
designed to provide temporary living
accommodations;
(ii) an institution that provides a
temporary residence for individuals
intended to be institutionalized;
(iii) a temporary accommodation of
not more than 365 days in the residence
of another individual; or
(iv) a public or private place not
designed for, or ordinarily used as, a
regular sleeping accommodation for
human beings.
(16) `` [Drug abuse education] Substance use disorder
education'' means--
(A) the provision of information concerning
the [dangers of drug abuse] harm of substance
use on pregnancy and lactation; and
(B) the referral of participants who [are
suspected drug abusers] may have a substance
use disorder to [drug abuse clinics,] treatment
programs, counselors, or other [drug abuse
professionals] resources.
(17) ``Competitive bidding'' means a procurement
process under which the Secretary or a State agency
selects a single source (a single infant formula
manufacturer) offering the lowest price, as determined
by the submission of sealed bids, for a product for
which bids are sought for use in the program authorized
by this section.
(18) ``Rebate'' means the amount of money refunded
under cost containment procedures to any State agency
from the manufacturer or other supplier of the
particular food product as the result of the purchase
of the supplemental food with a voucher or other
purchase instrument by a participant in each such
agency's program established under this section.
(19) ``Discount'' means, with respect to a State
agency that provides program foods to participants
without the use of retail grocery stores (such as a
State that provides for the home delivery or direct
distribution of supplemental food), the amount of the
price reduction or other price concession provided to
any State agency by the manufacturer or other supplier
of the particular food product as the result of the
purchase of program food by each such State agency, or
its representative, from the supplier.
(20) ``Net price'' means the difference between the
manufacturer's wholesale price for infant formula and
the rebate level or the discount offered or provided by
the manufacturer under a cost containment contract
entered into with the pertinent State agency.
(21) Remote indian or native village.--The term
``remote Indian or Native village'' means an Indian or
Native village that--
(A) is located in a rural area;
(B) has a population of less than 5,000
inhabitants; and
(C) is not accessible year-around by means of
a public road (as defined in section 101 of
title 23, United States Code).''.
(22) Primary contract infant formula.--The term
``primary contract infant formula'' means the specific
infant formula for which manufacturers submit a bid to
a State agency in response to a rebate solicitation
under this section and for which a contract is awarded
by the State agency as a result of that bid.
(23) State alliance.--The term ``State alliance''
means 2 or more State agencies that join together for
the purpose of procuring infant formula under the
program by soliciting competitive bids for infant
formula.
(24) Supply chain disruption.--The term ``supply
chain disruption'' means a shortage of supplemental
foods that impedes the redemption of food instruments,
as determined by the Secretary.
(25) Breastfeeding peer counselor.--The term
``breastfeeding peer counselor'' 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.
(c)(1) The Secretary may carry out a special supplemental
nutrition program to assist State agencies through grants-in-
aid and other means to provide, through local agencies, at no
cost, supplemental foods, nutrition education, and
breastfeeding support and promotion to low-income pregnant,
postpartum, and breastfeeding women, infants, and children who
satisfy the eligibility requirements specified in subsection
(d) of this section. The program shall be supplementary to--
(A) the supplemental nutrition assistance program;
(B) any program under which foods are distributed to
needy families in lieu of supplemental nutrition
assistance program benefits; and
(C) receipt of food or meals from soup kitchens, or
shelters, or other forms of emergency food assistance.
(2) Subject to amounts appropriated to carry out this section
under subsection (g)--
(A) the Secretary shall make cash grants to State
agencies for the purpose of administering the program,
and
(B) any State agency approved eligible local agency
that applies to participate in or expand the program
under this section shall immediately be provided with
the necessary funds to carry out the program.
(3) Nothing in this subsection shall be construed to permit
the Secretary to reduce ratably the amount of foods that an
eligible local agency shall distribute under the program to
participants. The Secretary shall take affirmative action to
ensure that the program is instituted in areas most in need of
supplemental foods. The existence of a commodity supplemental
food program under section 4 of the Agriculture and Consumer
Protection Act of 1973 shall not preclude the approval of an
application from an eligible local agency to participate in the
program under this section nor the operation of such program
within the same geographic area as that of the commodity
supplemental food program, but the Secretary shall issue such
regulations as are necessary to prevent dual receipt of
benefits under the commodity supplemental food program and the
program under this section.
(4) A State shall be ineligible to participate in programs
authorized under this section if the Secretary determines that
State or local sales taxes are collected within the State on
purchases of food made to carry out this section.
(d)(1) Participation in the program under this section shall
be limited to pregnant, postpartum, and breastfeeding women,
infants, and children from low-income families who are
determined by a competent professional authority to be at
nutritional risk.
(2)(A) The Secretary shall establish income eligibility
standards to be used in conjunction with the nutritional risk
criteria in determining eligibility of individuals for
participation in the program. Any individual at nutritional
risk shall be eligible for the program under this section only
if such individual--
(i) is a member of a family with an income that is
less than the maximum income limit prescribed under
section 9(b) of the Richard B. Russell National School
Lunch Act for free and reduced price meals;
(ii)(I) 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
receives supplemental nutrition assistance program
benefits under the Food and Nutrition Act of 2008; or
(II) is a member of a family that receives assistance
under the State program funded established under part A
of title IV of the Social Security Act that the
Secretary determines complies with standards
established by the Secretary that ensure that the
standards under the State program are comparable to or
more restrictive than those in effect on June 1, 1995[;
or];
[(iii)(I) receives medical assistance under title XIX
of the Social Security Act; or
[(II) is a member of a family in which a pregnant
woman or an infant receives such assistance.]
(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);
(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 assistance 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) For the purpose of determining income eligibility under
this section, any State agency may choose to exclude from
income--
(i) any basic allowance--
(I) for housing received by military service
personnel residing off military installations;
or
(II) provided under section 403 of title 37,
United States Code, for housing that is
acquired or constructed under subchapter IV of
chapter 169 of title 10, United States Code, or
any related provision of law; and
(ii) any cost-of-living allowance provided under
section 405 of title 37, United States Code, to a
member of a uniformed service who is on duty outside
the contiguous States of the United States.
(C) Combat pay.--For the purpose of determining
income eligibility under this section, a State agency
shall exclude from income any additional payment under
chapter 5 of title 37, United States Code, or otherwise
designated by the Secretary to be appropriate for
exclusion under this subparagraph, that is received by
or from a member of the United States Armed Forces
deployed to a designated combat zone, if the additional
pay--
(i) is the result of deployment to or service
in a combat zone; and
(ii) was not received immediately prior to
serving in a combat zone.
(D) In the case of a pregnant woman who is otherwise
ineligible for participation in the program because the family
of the woman is of insufficient size to meet the income
eligibility standards of the program, the pregnant woman shall
be considered to have satisfied the income eligibility
standards if, by increasing the number of individuals in the
family of the woman by 1 individual, the income eligibility
standards would be met.
(3) Certification.--
(A) Procedures.--
(i) In general.--Subject to [clause
(ii)] clauses (ii) through (viii), a
person shall be certified or
recertified for participation in
accordance with general procedures
prescribed by the Secretary.
[(ii) Breastfeeding women.--A State
may elect to certify a breastfeeding
woman for a period of 1 year postpartum
or until a woman discontinues
breastfeeding, whichever is earlier.
[(iii) Children.--A State may elect
to certify participant children for a
period of up to 1 year, if the State
electing the option provided under this
clause ensures that participant
children receive required health and
nutrition assessments.]
(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.
(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 participant
child receives the
required health and
nutrition assessments;
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 required
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 attends
full-day
kindergarten.
(bb) Requirements.--
Each State that
certifies a participant
child under item (aa)
shall--
(AA) ensure
that such
participant
child receives
required 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
kindergarten.
(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 participating in the
program shall be certified for
participation without further
application.
(IV) Clarification relating
to age.--An infant may be
certified for participation in
the program for a period of 2
years, regardless of whether
such infant will become a child
during such period.
(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
termination of the pregnancy of
the postpartum woman; and
(II) on and after October 1,
2026, a State shall certify a
postpartum woman for a period
of 2 years after the
termination of pregnancy of the
postpartum woman.
(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.
(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 individual.
(viii) Recertification.--Before
requesting new income documentation for
purposes of recertifying an individual
under the program, a State shall--
(I) determine whether such
individual is eligible for
recertification under
subparagraph (E); and
(II) if such individual is so
eligible--
(aa) recertify such
individual; and
(bb) notify such
individual of such
recertification.
(ix) Nutrition risk.--
(I) In general.--The
Secretary may require nutrition
risk evaluations within a
single certification period for
the purposes of identifying
specific risk factors.
(II) Information provided by
a health care provider.--
Information 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) A State may consider pregnant women who meet the income
eligibility standards to be presumptively eligible to
participate in the program and may certify the women for
participation immediately, without delaying certification until
an evaluation is made concerning nutritional risk. A
nutritional risk evaluation of such a woman shall be completed
not later than 60 days after the woman is certified for
participation. If it is subsequently determined that the woman
does not meet nutritional risk criteria, the certification of
the woman shall terminate on the date of the determination.
[(C) Physical presence.--
[(i) In general.--Except as provided
in clause (ii) and subject to the
requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794), each individual seeking
certification or recertification for
participation in the program shall be
physically present at each
certification or recertification
determination in order to determine
eligibility under the program.
[(ii) Waivers.--If the agency
determines that the requirement of
clause (i) would present an
unreasonable barrier to participation,
a local agency may waive the
requirement of clause (i) with respect
to--
[(I) an infant or child who--
[(aa) was present at
the initial
certification visit;
and
[(bb) is receiving
ongoing health care;
[(II) an infant or child
who--
[(aa) was present at
the initial
certification visit;
[(bb) was present at
a certification or
recertification
determination within
the 1-year period
ending on the date of
the certification or
recertification
determination described
in clause (i); and
[(cc) has one or more
parents who work; and
[(III) an infant under 8
weeks of age--
[(aa) who cannot be
present at
certification for a
reason determined
appropriate by the
local agency; and
[(bb) for whom all
necessary certification
information is
provided.]
(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 application, a State
agency shall consider such a
pregnant woman, breastfeeding
woman, postpartum woman,
infant, or child to be
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 temporarily 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 individual 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
subclause (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 demonstrate
eligibility for the program--
(aa) the individual
shall be determined
ineligible to
participate 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 certification until an
evaluation is made concerning
nutritional risk. A nutritional 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) Presence with respect to certain
determinations and evaluations.--
(i) In general.--Each individual
seeking certification, recertification,
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
determine eligibility under the
program, provided that such
format permits 2-way, real-time
interactive communications; and
(II) that occurs in a format,
setting, or platform that is
accessible to the individual in
accordance with the Americans
with Disabilities 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 individual meets
the certification presence requirement
through technology permitting 2-way,
real-time interactive communications or
other methods described in clause
(i)(I), the anthropometric data with
respect to such individual shall be
obtained within 90 days.
(D) Income documentation.--
(i) In general.--Except as provided
in clause (ii), in order to participate
in the program pursuant to clause (i)
of paragraph (2)(A), an individual
seeking certification or
recertification for participation in
the program shall provide documentation
of family income.
(ii) Waivers.--A State agency may
waive the documentation requirement of
clause (i), in accordance with criteria
established by the Secretary, with
respect to--
(I) an individual for whom
the necessary documentation is
not available; or
(II) an individual, such as a
homeless woman or child, for
whom the agency determines the
requirement of clause (i) would
present an unreasonable barrier
to participation.
[(E) Adjunct documentation.--In order to
participate in the program pursuant to clause
(ii) or (iii) of paragraph (2)(A), an
individual seeking certification or
recertification for participation in the
program shall provide documentation of receipt
of assistance described in that clause.]
(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
recertification 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.
(F) Proof of residency.--An individual
residing in a remote Indian or Native village
or an individual served by an Indian tribal
organization and residing on a reservation or
pueblo may, under standards established by the
Secretary, establish proof of residency under
this section by providing to the State agency
the mailing address of the individual and the
name of the remote Indian or Native village.
(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 electronic form or
provided electronically unless the
State agency determines there is a
sufficient reason to doubt the
authenticity of such electronically
provided document.
(e)(1) The State agency shall ensure that nutrition education
and [drug abuse] substance use disorder education is provided
to all pregnant, postpartum, and breastfeeding participants in
the program and to parents or caretakers of infant and child
participants in the program. The State agency may also provide
nutrition education and [drug abuse] substance use disorder
education to pregnant, postpartum, and breastfeeding women and
to parents or caretakers of infants and children enrolled at
local agencies operating the program under this section who do
not participate in the program. A local agency participating in
the program shall provide education or educational materials
relating to the [effects of drug and alcohol use by] effects of
a substance use disorder of a pregnant, postpartum, or
breastfeeding woman on the developing child of the woman.
(2) The Secretary shall prescribe standards to ensure that
adequate nutrition education services and breastfeeding
promotion and support are provided. The State agency shall
provide training to persons providing nutrition education,
including breastfeeding support and education, under this
section.
(3) Nutrition education materials.--
(A) In general.--The Secretary shall, after
submitting proposed nutrition education
materials to the Secretary of Health and Human
Services for comment, issue such materials for
use in the program under this section.
(B) Sharing of materials with other
programs.--
(i) Commodity supplemental food
program.--The Secretary may provide, in
bulk quantity, nutrition education
materials (including materials
promoting breastfeeding) developed with
funds made available for the program
authorized under this section to State
agencies administering the commodity
supplemental food program established
under section 5 of the Agriculture and
Consumer Protection Act of 1973 (7
U.S.C. 612c note; Public Law 93-86) at
no cost to that program.
(ii) Child and adult care food
program.--A State agency may allow the
local agencies or clinics under the
State agency to share nutrition
educational materials with institutions
participating in the child and adult
care food program established under
section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1766) at no cost to that program, if a
written materials sharing agreement
exists between the relevant agencies.
(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.
(4) The State agency--
(A) shall provide each local agency with materials
showing the maximum income limits, according to family
size, applicable to pregnant women, infants, and
children [up to age 5] under the medical assistance
program established under title XIX of the Social
Security Act (in this section referred to as the
``medicaid program'');
(B) shall provide to individuals applying for the
program under this section, or reapplying at the end of
their certification period, written information about
the medicaid program and referral to such program or to
agencies authorized to determine presumptive
eligibility for such program, if such individuals are
not participating in such program and appear to have
family income below the applicable maximum income
limits for such program; and
(C) may provide a local agency with materials
describing other programs for which a participant in
the program may be eligible.
(5) Each local agency shall maintain and make available for
distribution a list of local resources for [substance abuse]
substance use disorder counseling and treatment.
(f)(1)[(A) Each State agency shall submit to the Secretary,
by a date specified by the Secretary, an initial date specified
by the Secretary, a plan of operation and administration for a
fiscal year. After submitting the initial plan, a State shall
be required to submit to the Secretary for approval only a
substantive change in the plan.](A) Each State agency shall
submit to the Secretary a plan of operation and administration.
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.
(B) To be eligible to receive funds under this section for a
fiscal year, a State agency must receive the approval of the
Secretary for the plan submitted for the fiscal year.
(C) The plan shall include--
(i) a description of the food delivery system of the
State agency and the method of enabling participants to
receive supplemental foods under the program at any of
the authorized retail stores under the program, to be
administered in accordance with standards developed by
the Secretary, including a description of the State
agency's vendor peer group system, competitive price
criteria, and allowable reimbursement levels that
demonstrate that the State is in compliance with the
cost-containment provisions in subsection (h)(11);
(ii) procedures for accepting and processing vendor
applications outside of the established timeframes if
the State agency determines there will be inadequate
access to the program, including in a case in which a
previously authorized vendor sells a store under
circumstances that do not permit timely notification to
the State agency of the change in ownership;
(iii) a description of the financial management
system of the State agency;
(iv) a plan to coordinate operations under the
program with other services or programs that may
benefit participants in, and applicants for, the
program;
(v) a plan to provide program benefits under this
section to, and to meet the special nutrition education
needs of, eligible migrants, homeless individuals, and
Indians;
(vi) a plan to expend funds to carry out the program
during the relevant fiscal year;
(vii) a plan to provide program benefits under this
section to unserved and underserved areas in the State
(including a plan to improve access to the program for
participants and prospective applicants who are
employed, or who reside in rural areas), if sufficient
funds are available to carry out this clause;
(viii) a plan for reaching and enrolling eligible
women in the early months of pregnancy, including
provisions to reach and enroll eligible migrants;
(ix) a plan to provide program benefits under this
section to unserved infants and children under the care
of a kinship family, foster parents, protective
services, or child welfare authorities, including
infants exposed to [drugs] illicit or other harmful
substances perinatally;
(x) a plan to provide nutrition education and promote
breastfeeding; and
(xi) such other information as the Secretary may
reasonably require.
(D) The Secretary may not approve any plan that permits a
person to participate simultaneously in both the program
authorized under this section and the commodity supplemental
food program authorized under sections 4 and 5 of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note).
(2) A State agency shall establish a procedure under which
members of the general public are provided an opportunity to
comment on the development of the State agency plan.
(3) The Secretary shall establish procedures under which
eligible migrants may, to the maximum extent feasible, continue
to participate in the program under this section when they are
present in States other than the State in which they were
originally certified for participation in the program and shall
ensure that local programs provide priority consideration to
serving migrant participants who are residing in the State for
a limited period of time. Each State agency shall be
responsible for administering the program for migrant
populations within its jurisdiction.
(4) State agencies shall submit monthly financial reports and
participation data to the Secretary.
(5) State and local agencies operating under the program
shall keep such accounts and records, including medical
records, as may be necessary to enable the Secretary to
determine whether there has been compliance with this section
and to determine and evaluate the benefits of the nutritional
assistance provided under this section. 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 excess of
five years, as the Secretary determines necessary.
(6)(A) Local agencies participating in the program under this
section shall notify persons of their eligibility or
ineligibility for the program within twenty days of the date
that the household, during office hours of a local agency,
personally makes an oral or written request to participate in
the program. The Secretary shall establish a shorter
notification period for categories of persons who, due to
special nutritional risk conditions, must receive benefits more
expeditiously.
[(B) State agencies may provide for the delivery of vouchers
to any participant who is not scheduled for nutrition education
and breastfeeding counseling or a recertification interview
through means, such as mailing, that do not require the
participant to travel to the local agency to obtain vouchers.]
(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 participant through
means that do not require the participant to travel to
the local agency to obtain food instruments, such as
through mailing or remote issuance. [The State]
(ii) State plan._The State agency shall describe any
plans for issuance of [vouchers by mail in its plan]
food instruments by mail, remote issuance, or other
means in the State plan submitted under paragraph (1).
[The Secretary]
(iii) Disapproval of state plan._The Secretary may
disapprove a State plan with respect to the issuance of
[vouchers by mail] food instruments by mail, remote
issuance, or other means in any specified jurisdiction
or part of a jurisdiction within a State only if the
Secretary finds that such issuance would pose a
significant threat to the integrity of the program
under this section in such jurisdiction or part of a
jurisdiction.
(7)(A) The State agency shall, in cooperation with
participating local agencies, publicly announce and distribute
information on the availability of program benefits (including
the eligibility criteria for participation and the location of
local agencies operating the program) to offices and
organizations that deal with significant numbers of potentially
eligible individuals (including health and medical
organizations, hospitals and clinics, welfare and unemployment
offices, social service agencies, farmworker organizations,
Indian tribal organizations, organizations and agencies serving
homeless individuals and shelters for victims of domestic
violence, and religious and community organizations in low
income areas).
(B) The information shall be publicly announced by the State
agency and by local agencies at least annually.
(C) The State agency and local agencies shall distribute the
information in a manner designed to provide the information to
potentially eligible individuals who are most in need of the
benefits, including pregnant women in the early months of
pregnancy.
(D) Each local agency operating the program within a hospital
and each local agency operating the program that has a
cooperative arrangement with a hospital shall--
(i) advise potentially eligible individuals that
receive inpatient or outpatient prenatal, maternity, or
postpartum services, or accompany a child [under the
age of 5] who receives well-child services, of the
availability of program benefits; and
(ii) to the extent feasible, provide an opportunity
for individuals who may be eligible to be certified
within the hospital for participation in such program.
(8)(A) The State agency shall grant a fair hearing, and a
prompt determination thereafter, in accordance with regulations
issued by the Secretary, to any applicant, participant, or
local agency aggrieved by the action of a State or local agency
as it affects participation.
(B) Any State agency that must suspend or terminate benefits
to any participant during the participant's certification
period due to a shortage of funds for the program shall first
issue a notice to such participant.
(9) If an individual certified as eligible for participation
in the program under this section in one area moves to another
area in which the program is operating, that individual's
certification of eligibility shall remain valid for the period
for which the individual was originally certified.
(10) The Secretary shall establish standards for the proper,
efficient, and effective administration of the program. If the
Secretary determines that a State agency has failed without
good cause to administer the program in a manner consistent
with this section or to implement the approved plan of
operation and administration under this subsection, the
Secretary may withhold such amounts of the State agency's funds
for nutrition services and administration as the Secretary
deems appropriate. Upon correction of such failure during a
fiscal year by a State agency, any funds so withheld for such
fiscal year shall be provided the State agency.
(11) Supplemental foods.--
(A) In general.--The Secretary shall
prescribe by regulation the supplemental foods
to be made available in the program under this
section.
(B) Appropriate content.--To the degree
possible, the Secretary shall assure that the
fat, sugar, and salt content of the prescribed
foods is appropriate.
(C) Review of available supplemental foods.--
As frequently as determined by the Secretary to
be necessary to reflect the most recent
scientific knowledge, but not less than every
10 years, the Secretary shall--
(i) conduct a scientific review of
the supplemental foods available under
the program; and
(ii) amend the supplemental foods
available, as necessary, to reflect
nutrition science, public health
concerns, and cultural eating patterns.
(12) A competent professional authority shall be responsible
for prescribing the appropriate supplemental foods, taking into
account medical and nutritional conditions and cultural eating
patterns, and, in the case of homeless individuals, the special
needs and problems of such individuals.
(13) The State agency may (A) provide nutrition education,
breastfeeding promotion, and [drug abuse education] substance
use disorder education materials and instruction in languages
other than English and (B) use appropriate foreign language
materials in the administration of the program, in areas in
which a substantial number of low-income households speak a
language other than English.
(14) If a State agency determines that a member of a family
has received an overissuance of food benefits under the program
authorized by this section as the result of such member
intentionally making a false or misleading statement or
intentionally misrepresenting, concealing, or withholding
facts, the State agency shall recover, in cash, from such
member an amount that the State agency determines is equal to
the value of the overissued food benefits, unless the State
agency determines that the recovery of the benefits would not
be cost effective.
(15) To be eligible to participate in the program authorized
by this section, a manufacturer of infant formula that supplies
formula for the program shall--
(A) register with the Secretary of Health and Human
Services under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321 et seq.); and
(B) before bidding for a State contract to supply
infant formula for the program, certify with the State
health department that the formula complies with such
Act and regulations issued pursuant to such Act.
(16) The State agency may adopt methods of delivering
benefits to accommodate the special needs and problems of
homeless individuals.
(17) Notwithstanding subsection (d)(2)(A)(i), not later than
July 1 of each year, a State agency may implement income
eligibility guidelines under this section concurrently with the
implementation of income eligibility guidelines under the
medicaid program established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(18) Each local agency participating in the program under
this section may provide information about other potential
sources of food assistance in the local area to individuals who
apply in person to participate in the program under this
section, but who cannot be served because the program is
operating at capacity in the local area.
(19) The State agency shall adopt policies that--
(A) require each local agency to attempt to contact
each pregnant woman who misses an appointment to apply
for participation in the program under this section, in
order to reschedule the appointment, unless the phone
number and the address of the woman are unavailable to
such local agency; and
(B) in the case of local agencies that do not
routinely schedule appointments for individuals seeking
to apply or be recertified for participation in the
program under this section, require each such local
agency to schedule appointments for each employed
individual seeking to apply or be recertified for
participation in such program so as to minimize the
time each such individual is absent from the workplace
due to such application or request for recertification.
(20) Each State agency shall conduct monitoring reviews of
each local agency at least biennially.
(21) Use of claims from local agencies, vendors, and
participants.--A State agency may use funds recovered
from local agencies, vendors, and participants, as a
result of a claim arising under the program, to carry
out the program during--
(A) the fiscal year in which the claim
arises;
(B) the fiscal year in which the funds are
collected; and
(C) the fiscal year following the fiscal year
in which the funds are collected.
(22) The Secretary and the Secretary of Health and Human
Services shall carry out an initiative to assure that, in a
case in which a State medicaid program uses coordinated care
providers under a contract entered into under section 1903(m),
or a waiver granted under section 1915(b), of the Social
Security Act (42 U.S.C. 1396b(m) or 1396n(b)), coordination
between the program authorized by this section and the medicaid
program is continued, including--
(A) the referral of potentially eligible women,
infants, and children between the 2 programs; and
(B) the timely provision of medical information
related to the program authorized by this section to
agencies carrying out the program.
(23) Individuals participating at more than one
site.--Each State agency shall implement a system
designed by the State agency to identify individuals
who are participating at more than one site under the
program.
(24) High risk vendors.--Each State agency shall--
(A) identify vendors that have a high
probability of program abuse; and
(B) conduct compliance investigations of the
vendors.
(25) Infant formula benefits.--A State agency may
round up to the next whole can of infant formula to
allow all participants under the program to receive the
full-authorized nutritional benefit specified by
regulation.
(26) Notification of violations.--If a State agency
finds that a vendor has committed a violation that
requires a pattern of occurrences in order to impose a
penalty or sanction, the State agency shall notify the
vendor of the initial violation in writing prior to
documentation of another violation, unless the State
agency determines that notifying the vendor would
compromise an investigation.
(g) Authorization of Appropriations.--
(1) In general.--
(A) Authorization.--There are authorized to
be appropriated to carry out this section such
sums as are necessary for each of fiscal years
[2010 through 2015] 2023 through 2028.
(B) Advance appropriations; availability.--As
authorized by section 3 of the Richard B.
Russell National School Lunch Act,
appropriations to carry out the provisions of
this section may be made not more than 1 year
in advance of the beginning of the fiscal year
in which the funds will become available for
disbursement to the States, and shall remain
available for the purposes for which
appropriated until expended.
(2)(A) Notwithstanding any other provision of law, unless
enacted in express limitation of this subparagraph, the
Secretary--
(i) in the case of legislation providing funds
through the end of a fiscal year, shall issue--
(I) an initial allocation of funds provided
by the enactment of such legislation not later
than the expiration of the 15-day period
beginning on the date of the enactment of such
legislation; and
(II) subsequent allocations of funds provided
by the enactment of such legislation not later
than the beginning of each of the second,
third, and fourth quarters of the fiscal year;
and
(ii) in the case of legislation providing funds for a
period that ends prior to the end of a fiscal year,
shall issue an initial allocation of funds provided by
the enactment of such legislation not later than the
expiration of the 10-day period beginning on the date
of the enactment of such legislation.
(B) In any fiscal year--
(i) unused amounts from a prior fiscal year that are
identified by the end of the first quarter of the
fiscal year shall be recovered and reallocated not
later than the beginning of the second quarter of the
fiscal year; and
(ii) unused amounts from a prior fiscal year that are
identified after the end of the first quarter of the
fiscal year shall be recovered and reallocated on a
timely basis.
(3) Notwithstanding any other provision of law, unless
enacted in express limitation of this paragraph--
(A) the allocation of funds required by paragraph
(2)(A)(i)(I) shall include not less than \1/3\ of the
amounts appropriated by the legislation described in
such paragraph;
(B) the allocations of funds required by paragraph
(2)(A)(i)(II) to be made not later than the beginning
of the second and third quarters of the fiscal year
shall each include not less than \1/4\ of the amounts
appropriated by the legislation described in such
paragraph; and
(C) in the case of the enactment of legislation
providing appropriations for a period of not more than
4 months, the allocation of funds required by paragraph
(2)(A)(ii) shall include all amounts appropriated by
such legislation except amounts reserved by the
Secretary for purposes of carrying out paragraph (5).
(4) Of the sums appropriated for any fiscal year for programs
authorized under this section, not less than nine-tenths of 1
percent shall be available first for services to eligible
members of migrant populations. The migrant services shall be
provided in a manner consistent with the priority system of a
State for program participation.
(5) Of the sums appropriated for any fiscal year for the
program under this section, one-half of 1 percent, not to
exceed $15,000,000, shall be available to the Secretary for the
purpose of evaluating program performance, evaluating health
benefits, preparing reports on program participant
characteristics, providing technical assistance to improve
State agency administrative systems, administration of pilot
projects, including projects designed to meet the special needs
of migrants, Indians, and rural populations, and carrying out
technical assistance and research evaluation projects of the
programs under this section.
(h)(1)(A) Each fiscal year, the Secretary shall make
available, from amounts appropriated for such fiscal year under
subsection (g)(1) and amounts remaining from amounts
appropriated under such subsection for the preceding fiscal
year, an amount sufficient to guarantee a national average per
participant grant to be allocated among State agencies for
costs of nutrition services and administration incurred by
State and local agencies for such year.
(B)(i) The amount of the national average per participant
grant for nutrition services and administration for any fiscal
year shall be an amount equal to the amount of the national
average per participant grant for nutrition services and
administration issued the preceding fiscal year, as adjusted.
(ii) Such adjustment, for any fiscal year, shall be made by
revising the national average per participant grant for
nutrition services and administration for the preceding fiscal
year to reflect the percentage change between--
(I) the value of the index for State and local
government purchases, as published by the Bureau of
Economic Analysis of the Department of Commerce, for
the 12-month period ending June 30 of the second
preceding fiscal year; and
(II) the best estimate that is available as of the
start of the fiscal year of the value of such index for
the 12-month period ending June 30 of the previous
fiscal year.
(C) Remaining amounts.--
(i) In general.--Except as provided
in clause (ii), in any fiscal year,
amounts remaining from amounts
appropriated for such fiscal year under
subsection (g)(1) and from amounts
appropriated under such section for the
preceding fiscal year, after carrying
out subparagraph (A), shall be made
available for food benefits under this
section, except to the extent that such
amounts are needed to carry out the
purposes of subsections (g)(4) and
(g)(5).
(ii) Breast pumps and breastfeeding
supplies.--A State agency may use
amounts made available under clause (i)
for the purchase of breast pumps and
additional breastfeeding supplies.
(iii) Water benefits during
disasters.--
(I) In general.--During an
emergency period for which the
Secretary 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 program
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 section
401 of the Robert T.
Stafford Disaster
Relief and Emergency
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 pursuant to
such section 319.
(2)(A) The Secretary shall allocate to each State agency from
the amount described in paragraph (1)(A) an amount for costs of
nutrition services and administration on the basis of a formula
prescribed by the Secretary. Such formula--
(i) shall be designed to take into account--
(I) the varying needs of each State;
(II) the number of individuals participating
in each State; and
(III) other factors which serve to promote
the proper, efficient, and effective
administration of the program under this
section;
(ii) shall provide for each State agency--
(I) an estimate of the number of participants
for the fiscal year involved; and
(II) a per participant grant for nutrition
services and administration for such year;
(iii) shall provide for a minimum grant amount for
State agencies; and
(iv) may provide funds to help defray reasonable
anticipated expenses associated with innovations in
cost containment or associated with procedures that
tend to enhance competition.
(B)[(i) Except as provided in clause (ii) and] Except as
provided in subparagraph (C), in any fiscal year, the total
amount allocated to a State agency for costs of nutrition
services and administration under the formula prescribed by the
Secretary under subparagraph (A) shall constitute the State
agency's operational level for such costs for such year even if
the number of participants in the program at such agency is
lower than the estimate provided under subparagraph (A)(ii)(I).
[(ii) If a State agency's per participant expenditure for
nutrition services and administration is more than 10 percent
(except that the Secretary may establish a higher percentage
for State agencies that are small) higher than its per
participant grant for nutrition services and administration
without good cause, the Secretary may reduce such State
agency's operational level for costs of nutrition services and
administration.]
(C) In any fiscal year, the Secretary may reallocate amounts
provided to State agencies under subparagraph (A) for such
fiscal year. When reallocating amounts under the preceding
sentence, the Secretary may provide additional amounts to, or
recover amounts from, any State agency.
(3)(A) Except as provided in subparagraphs (B) and (C), in
each fiscal year, each State agency shall expend--
(i) for nutrition education activities and
breastfeeding promotion and support activities, an
aggregate amount that is not less than the sum of--
(I) \1/6\ of the amounts expended by the
State for costs of nutrition services and
administration; and
(II) except as otherwise provided in
subparagraphs (F) and (G), an amount equal to a
proportionate share of the national minimum
breastfeeding promotion expenditure, as
described in subparagraph (E), with each
State's share determined on the basis of the
number of pregnant women and breastfeeding
women in the program in the State as a
percentage of the number of pregnant women and
breastfeeding women in the program in all
States; and
(ii) for breastfeeding promotion and support
activities an amount that is not less than the amount
determined for such State under clause (i)(II).
(B) The Secretary may authorize a State agency to expend an
amount less than the amount described in subparagraph (A)(ii)
for purposes of breastfeeding promotion and support activities
if--
(i) the State agency so requests; and
(ii) the request is accompanied by documentation that
other funds will be used to conduct nutrition education
activities at a level commensurate with the level at
which such activities would be conducted if the amount
described in subparagraph (A)(ii) were expended for
such activities.
(C) The Secretary may authorize a State agency to expend for
purposes of nutrition education an amount that is less than the
difference between the aggregate amount described in
subparagraph (A) and the amount expended by the State for
breastfeeding promotion and support programs if--
(i) the State agency so requests; and
(ii) the request is accompanied by documentation that
other funds will be used to conduct such activities.
(D) The Secretary shall limit to a minimal level any
documentation required under this paragraph.
(E) For each fiscal year, the national minimum breastfeeding
promotion expenditure means an amount that is--
(i) equal to $21 multiplied by the number of pregnant
women and breastfeeding women participating in the
program nationwide, based on the average number of
pregnant women and breastfeeding women so participating
during the last 3 months for which the Secretary has
final data; and
(ii) adjusted for inflation on October 1, 1996, and
each October 1 thereafter, in accordance with paragraph
(1)(B)(ii).
(4) Requirements.--
(A) In general.--The Secretary shall--
(i) in consultation with the
Secretary of Health and Human Services,
develop a definition of breastfeeding
for the purposes of the program under
this section;
(ii) authorize the purchase of
breastfeeding aids by State and local
agencies as an allowable expense under
nutrition services and administration;
(iii) require each State agency to
designate an agency staff member to
coordinate breastfeeding promotion
efforts identified in the State plan of
operation and administration;
(iv) require the State agency to
provide training on the promotion and
management of breastfeeding to staff
members of local agencies who are
responsible for counseling participants
in the program under this section
concerning breastfeeding;
(v) not later than 1 year after the
date of enactment of this subparagraph,
develop uniform requirements for the
collection of data regarding the
incidence and duration of breastfeeding
among participants in the program;
(vi) partner with communities, State
and local agencies, employers, health
care professionals, and other entities
in the private sector to build a
supportive breastfeeding environment
for women participating in the program
under this section to support the
breastfeeding goals of the Healthy
People initiative; [and]
(vii) annually compile and publish
breastfeeding performance measurements
based on program participant data on
the number of partially and fully
breast-fed infants, including
breastfeeding performance measurements
for--
(I) each State agency; and
(II) each local agency;
(viii) in accordance with
subparagraph (B), implement a program
to recognize exemplary breastfeeding
support practices at local agencies or
clinics participating in the special
supplemental nutrition program
established under this section; and
(ix) in accordance with subparagraph
(C), implement a program to provide
performance bonuses to State agencies.
(B) Exemplary breastfeeding support
practices.--
(i) In general.--In evaluating
exemplary practices under subparagraph
(A)(viii), the Secretary shall
consider--
(I) performance measurements
of breastfeeding;
(II) the effectiveness of a
peer counselor program;
(III) the extent to which the
agency or clinic has partnered
with other entities to build a
supportive breastfeeding
environment for women
participating in the program;
and
(IV) such other criteria as
the Secretary considers
appropriate after consultation
with State and local program
agencies.
(ii) Authorization of
appropriations.--There is authorized to
be appropriated to carry out the
activities described in clause (viii)
of subparagraph (A) such sums as are
necessary.
(C) Performance bonuses.--
(i) In general.--Following the
publication of breastfeeding
performance measurements under
subparagraph (A)(vii), the Secretary
shall provide performance bonus
payments to not more than 15 State
agencies that demonstrate, as compared
to other State agencies participating
in the program--
(I) the highest proportion of
breast-fed infants; or
(II) the greatest improvement
in proportion of breast-fed
infants.
(ii) Consideration.--In providing
performance bonus payments to State
agencies under this subparagraph, the
Secretary shall consider the proportion
of fully breast-fed infants in the
States.
(iii) Use of funds.--A State agency
that receives a performance bonus under
clause (i)--
(I) shall treat the funds as
program income; and
(II) may transfer the funds
to local agencies for use in
carrying out the program.
(iv) Implementation.--The Secretary
shall provide the first performance
bonuses not later than 1 year after the
date of enactment of this clause and
may subsequently revise the criteria
for awarding performance bonuses; and
(5)(A) Subject to subparagraph (B), in any fiscal year that a
State agency submits a plan to reduce average food costs per
participant and to increase participation above the level
estimated for the State agency, the State agency may, with the
approval of the Secretary, convert amounts allocated for food
benefits for such fiscal year for costs of nutrition services
and administration to the extent that such conversion is
necessary--
(i) to cover allowable expenditures in such fiscal
year; and
(ii) to ensure that the State agency maintains the
level established for the per participant grant for
nutrition services and administration for such fiscal
year.
(B) If a State agency increases its participation level
through measures that are not in the nutritional interests of
participants or not otherwise allowable (such as reducing the
quantities of foods provided for reasons not related to
nutritional need), the Secretary may refuse to allow the State
agency to convert amounts allocated for food benefits to defray
costs of nutrition services and administration.
(C) For the purposes of this paragraph, the term ``acceptable
measures'' includes use of cost containment measures,
curtailment of vendor abuse, and breastfeeding promotion
activities.
(D) Remote indian or native villages.--For
noncontiguous States containing a significant number of
remote Indian or Native villages, a State agency may
convert amounts allocated for food benefits for a
fiscal year to the costs of nutrition services and
administration to the extent that the conversion is
necessary to cover expenditures incurred in providing
services (including the full cost of air transportation
and other transportation) to remote Indian or Native
villages and to provide breastfeeding support in remote
Indian or Native villages.
(6) In each fiscal year, each State agency shall provide,
from the amounts allocated to such agency for such year for
costs of nutrition services and administration, an amount to
each local agency for its costs of nutrition services and
administration. The amount to be provided to each local agency
under the preceding sentence shall be determined under
allocation standards developed by the State agency in
cooperation with the several local agencies, taking into
account factors deemed appropriate to further proper,
efficient, and effective administration of the program, such
as--
(A) local agency staffing needs;
(B) density of population;
(C) number of individuals served; and
(D) availability of administrative support from other
sources.
(7) The State agency may provide in advance to any local
agency any amounts for nutrition services and administration
deemed necessary for successful commencement or significant
expansion of program operations during a reasonable period
following approval of--
(A) a new local agency;
(B) a new cost containment measure; or
(C) a significant change in an existing cost
containment measure.
(8)(A)(i) Except as provided in subparagraphs (B) and
(C)(iii), any State that provides for the purchase of foods
under the program at retail grocery stores shall, with respect
to the procurement of infant formula, use--
(I) a competitive bidding system; or
(II) any other cost containment measure that yields
savings equal to or greater than savings generated by a
competitive bidding system when such savings are
determined by comparing the amounts of savings that
would be provided over the full term of contracts
offered in response to a single invitation to submit
both competitive bids and bids for other cost
containment systems for the sale of infant formula.
(ii) In determining whether a cost containment measure other
than competitive bidding yields equal or greater savings, the
State, in accordance with regulations issued by the Secretary,
may take into account other cost factors (in addition to rebate
levels and procedures for adjusting rebate levels when
wholesale price levels change), such as--
(I) the number of infants who would not be expected
to receive the primary contract infant formula under a
competitive bidding system;
(II) the number of cans of infant formula for which
no rebate would be provided under another rebate
system; and
(III) differences in administrative costs relating to
the implementation of the various cost containment
systems (such as costs of converting a computer system
for the purpose of operating a cost containment system
and costs of preparing participants for conversion to a
new or alternate cost containment system).
(iii) Competitive bidding system.--A State
agency using a competitive bidding system for
infant formula shall award contracts to bidders
offering the lowest net price for a specific
infant formula for which manufacturers submit a
bid unless the State agency demonstrates to the
satisfaction of the Secretary that the weighted
average retail price for different brands of
infant formula in the State does not vary by
more than 5 percent.
(iv) Size of state alliances.--
(I) In general.--Except as provided
in subclauses (II) through (IV), no
State alliance may exist among States
if the total number of infants served
by States participating in the alliance
as of October 1, 2003, or such
subsequent date determined by the
Secretary for which data is available,
would exceed 100,000.
(II) Addition of infant
participants.--In the case of a State
alliance that exists on the date of
enactment of this clause, the alliance
may continue and may expand to serve
more than 100,000 infants but, except
as provided in subclause (III), may not
expand to include any additional State
agency.
(III) Addition of small state
agencies and indian state agencies.--
Except as provided in paragraph
(9)(B)(i)(II), any State alliance may
expand to include any State agency that
served less than 5,000 infant
participants as of October 1, 2003, or
such subsequent date determined by the
Secretary for which data is available,
or any Indian State agency, if the
State agency or Indian State agency
requests to join the State alliance.
(IV) Secretarial waiver.--The
Secretary may waive the requirements of
this clause not earlier than 30 days
after submitting to the [Committee on
Education and the Workforce] Committee
on Education and Labor of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate a written report that
describes the cost-containment and
competitive benefits of the proposed
waiver.
(v) First choice of issuance.--The State
agency shall use the primary contract infant
formula as the first choice of issuance (by
formula type), with all other infant formulas
issued as an alternative to the primary
contract infant formula.
(vi) Rebate invoices.--Effective beginning
October 1, 2004, each State agency shall have a
system to ensure that infant formula rebate
invoices, under competitive bidding, provide a
reasonable estimate or an actual count of the
number of units sold to participants in the
program under this section.
(vii) Separate solicitations.--In soliciting
bids for infant formula under a competitive
bidding system, any State agency, or State
alliance, that served under the program a
monthly average of more than 100,000 infants
during the preceding 12-month period shall
solicit bids from infant formula manufacturers
under procedures that require that bids for
rebates or discounts are solicited for milk-
based and soy-based infant formula separately.
(viii) Cent-for-cent adjustments.--A bid
solicitation for infant formula under the
program shall require the manufacturer to
adjust for price changes subsequent to the
opening of the bidding process in a manner that
requires--
(I) a cent-for-cent increase in the
rebate amounts if there is an increase
in the lowest national wholesale price
for a full truckload of the particular
infant formula; and
(II) a cent-for-cent decrease in the
rebate amounts if there is a decrease
in the lowest national wholesale price
for a full truckload of the particular
infant formula.
(ix) List of infant formula wholesalers,
distributors, retailers, and manufacturers.--
The State agency shall maintain a list of--
(I) infant formula wholesalers,
distributors, and retailers licensed in
the State in accordance with State law
(including regulations); and
(II) infant formula manufacturers
registered with the Food and Drug
Administration that provide infant
formula.
(x) Purchase requirement.--A vendor
authorized to participate in the program under
this section shall only purchase infant formula
from the list described in clause (ix).
(xi) Infant formula procurement online source
of information.--
(I) In general.--Not later than 180
days after the date of enactment of
this clause, the Secretary shall make
available to the public on a website of
the Department of Agriculture the
information 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 administering the bid
solicitation;
(bb) the website hyperlink
and other information needed
for the purpose of submitting a
bid in response to the bid
solicitation;
(cc) the contact information
and website hyperlink for the
State agency administering the
bid solicitation, for the
purpose of gathering additional
information relating to the bid
solicitation; 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 receiving a
description of a bid solicitation under
subclause (II), the Secretary shall
publish the information described in
subclause (I).
(B)(i) The Secretary shall waive the requirement of
subparagraph (A) in the case of any State that demonstrates to
the Secretary that--
(I) compliance with subparagraph (A) would be
inconsistent with efficient or effective operation of
the program operated by such State under this section;
or
(II) the amount by which the savings yielded by an
alternative cost containment system would be less than
the savings yielded by a competitive bidding system is
sufficiently minimal that the difference is not
significant.
(ii) The Secretary shall prescribe criteria under which a
waiver may be granted pursuant to clause (i).
(iii) The Secretary shall provide information on a timely
basis to the Committee on Education and Labor of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate on waivers that have been granted
under clause (i).
(C)(i) The Secretary shall provide technical assistance to
small Indian State agencies carrying out this paragraph in
order to assist such agencies to achieve the maximum cost
containment savings feasible.
(ii) The Secretary shall also provide technical assistance,
on request, to State agencies that desire to consider a cost
containment system that covers more than 1 State agency.
(iii) The Secretary may waive the requirement of subparagraph
(A) in the case of any Indian State agency that has not more
than 1,000 participants.
(D) No State may enter into a cost containment contract (in
this subparagraph referred to as the original contract'') that
prescribes conditions that would void, reduce the savings
under, or otherwise limit the original contract if the State
solicited or secured bids for, or entered into, a subsequent
cost containment contract to take effect after the expiration
of the original contract.
(E) The Secretary shall offer to solicit bids on behalf of
State agencies regarding cost-containment contracts to be
entered into by infant formula manufacturers and State
agencies. The Secretary shall make the offer to State agencies
once every 12 months. Each such bid solicitation shall only
take place if two or more State agencies request the Secretary
to perform the solicitation. For such State agencies, the
Secretary shall solicit bids and select the winning bidder for
a cost containment contract to be entered into by State
agencies and infant formula manufacturers or suppliers.
(F) In soliciting bids for contracts for infant formula for
the program authorized by this section, the Secretary shall
solicit bids from infant formula manufacturers under procedures
in which bids for rebates or discounts are solicited for milk-
based and soy-based infant formula, separately, except where
the Secretary determines that such solicitation procedures are
not in the best interest of the program.
(G) To reduce the costs of any supplemental foods, the
Secretary may make available additional funds to State agencies
out of the funds otherwise available under paragraph (1)(A) for
nutrition services and administration in an amount not
exceeding one half of 1 percent of the amounts to help defray
reasonable anticipated expenses associated with innovations in
cost containment or associated with procedures that tend to
enhance competition.
(H)(i) Any person, company, corporation, or other legal
entity that submits a bid to supply infant formula to carry out
the program authorized by this section and announces or
otherwise discloses the amount of the bid, or the rebate or
discount practices of such entities, in advance of the time the
bids are opened by the Secretary or the State agency, or any
person, company, corporation, or other legal entity that makes
a statement (prior to the opening of bids) relating to levels
of rebates or discounts, for the purpose of influencing a bid
submitted by any other person, shall be ineligible to submit
bids to supply infant formula to the program for the bidding in
progress for up to 2 years from the date the bids are opened
and shall be subject to a civil penalty of up to $100,000,000,
as determined by the Secretary to provide restitution to the
program for harm done to the program. The Secretary shall issue
regulations providing such person, company, corporation, or
other legal entity appropriate notice, and an opportunity to be
heard and to respond to charges.
(ii) The Secretary shall determine the length of the
disqualification, and the amount of the civil penalty referred
to in clause (i) based on such factors as the Secretary by
regulation determines appropriate.
(iii) Any person, company, corporation, or other legal entity
disqualified under clause (i) shall remain obligated to perform
any requirements under any contract to supply infant formula
existing at the time of the disqualification and until each
such contract expires by its terms.
(I) Not later than the expiration of the 180-day period
beginning on the date of enactment of this subparagraph, the
Secretary shall prescribe regulations to carry out this
paragraph.
(J) A State shall not incur any interest liability to the
Federal Government on rebate funds for infant formula and other
foods if all interest earned by the State on the funds is used
for program purposes.
(K) Reporting.--Effective beginning October 1, 2011,
each State agency shall report rebate payments received
from manufacturers in the month in which the payments
are received, rather than in the month in which the
payments were earned.
(L) Infant formula cost containment contract
requirement.--
(i) In general.--The Secretary shall require
that each infant formula cost containment
contract renewed or entered into on or after
the date of the enactment of the Access to Baby
Formula Act of 2022 includes remedies in the
event of an infant formula recall, including
how an infant formula manufacturer would
protect against disruption to program
participants in the State.
(ii) Rebates.--In the case of an infant
formula recall, an infant formula manufacturer
contracted to provide infant formula under this
section shall comply with the contract
requirements under clause (i).
(M) Memorandum of understanding.--Not later than 30
days after the date of the enactment of the Access to
Baby Formula Act of 2022, the Secretary shall ensure
there is a memorandum of understanding between the
Secretary and the Secretary of Health and Human
Services that includes procedures to promote
coordination and information sharing between the
Department of Agriculture and the Department of Health
and Human Services regarding any supply chain
disruption, including a supplemental food recall.
(9) Cost containment measure.--
(A) Definition of cost containment measure.--
In this subsection, the term ``cost containment
measure'' means a competitive bidding, rebate,
direct distribution, or home delivery system
implemented by a State agency as described in
the approved State plan of operation and
administration of the State agency.
(B) Solicitation and rebate billing
requirements.--Any State agency instituting a
cost containment measure for any authorized
food, including infant formula, shall--
(i) in the bid solicitation--
(I) identify the composition
of State alliances for the
purposes of a cost containment
measure; and
(II) verify that no
additional States shall be
added to the State alliance
between the date of the bid
solicitation and the end of the
contract;
(ii) have a system to ensure that
rebate invoices under competitive
bidding provide a reasonable estimate
or an actual count of the number of
units sold to participants in the
program under this section;
(iii) open and read aloud all bids at
a public proceeding on the day on which
the bids are due; and
(iv) unless otherwise exempted by the
Secretary, provide a minimum of 30 days
between the publication of the
solicitation and the date on which the
bids are due.
(C) State alliances for authorized foods
other than infant formula.--Program
requirements relating to the size of State
alliances under paragraph (8)(A)(iv) shall
apply to cost containment measures established
for any authorized food under this section.
(10) Funds for infrastructure, management information
systems, and special nutrition education.--
(A) In general.--For each of fiscal years
[2010 through 2015] 2023 through 2028, the
Secretary shall use for the purposes specified
in subparagraph (B) [$139,000,000] $324,000,000
(as adjusted annually for inflation by the same
factor used to determine the national average
per participant grant for nutrition services
and administration for the fiscal year under
paragraph (1)(B)).
(B) Purposes.--Subject to subparagraph (C),
of the amount made available under subparagraph
(A) for a fiscal year--
(i) $14,000,000 shall be used for--
(I) infrastructure for the
program under this section;
(II) special projects to
promote breastfeeding,
including projects to assess
the effectiveness of particular
breastfeeding promotion
strategies; and
(III) special State projects
of regional or national
significance to improve the
services of the program;
[(ii) $35,000,000 shall be used to
establish, improve, or administer
management information systems for the
program, including changes necessary to
meet new legislative or regulatory
requirements of the program, of which
up to $5,000,000 may be used for
Federal administrative costs; and
[(iii) $90,000,000 shall be used for
special nutrition education (such as
breastfeeding peer counselors and other
related activities), of which not more
than $10,000,000 of any funding
provided in excess of $50,000,000 shall
be used to make performance bonus
payments under paragraph (4)(C).]
(ii)(I) $90,000,000 shall be used
to--
(aa) establish, develop,
improve, replace, or administer
technology 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
nutrition 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 administrative costs;
and
(iii) $180,000,000 shall be used to--
(I) establish State agency
Breastfeeding Peer Counseling
programs, which shall be
administered as determined by
the Secretary;
(II) provide performance
bonus payments under paragraph
(4)(C); and
(III) establish State and
local partnerships to provide
such education at locations--
(aa) outside of the
clinic, such as
hospitals or
physicians' offices; or
(bb) in partnership
with eligible entities
that deliver services
under early childhood
home visitation
programs pursuant to a
grant under section 511
of the Social Security
Act (42 U.S.C. 711).
(iv) $40,000,000 shall be used by
State or local agencies to enhance
vendor partnerships and streamline the
shopping experience of participants,
including by establishing and
administering vendor liaison programs
to support participants and vendor
staff at retail grocery locations.
(C) Adjustment.--Each of the amounts referred
to in clauses (i), (ii), and (iii) of
subparagraph (B) shall be adjusted annually for
inflation by the same factor used to determine
the national average per participant grant for
nutrition services and administration for the
fiscal year under paragraph (1)(B).
(D) Proportional distribution.--The Secretary
shall distribute funds made available under
subparagraph (A) in accordance with the
proportional distribution described in
subparagraphs (B) and (C).
(11) Vendor cost containment.--
(A) Peer groups.--
(i) In general.--The State agency
shall--
(I) establish a vendor peer
group system;
(II) in accordance with
subparagraphs (B) and (C),
establish competitive price
criteria and allowable
reimbursement levels for each
vendor peer group; and
(III) if the State agency
elects to authorize any types
of vendors described in
subparagraph (D)(ii)(I)--
(aa) distinguish
between vendors
described in
subparagraph (D)(ii)(I)
and other vendors by
establishing--
(AA) separate
peer groups for
vendors
described in
subparagraph
(D)(ii)(I);or
(BB) distinct
competitive
price criteria
and allowable
reimbursement
levels for
vendors
described in
subparagraph
(D)(ii)(I)
within a peer
group that
contains both
vendors
described in
subparagraph
(D)(ii)(I) and
other vendors;
and
(bb) establish
competitive price
criteria and allowable
reimbursement levels
that comply with
subparagraphs (B) and
(C), respectively, and
that do not result in
higher food costs if
program participants
redeem supplemental
food vouchers at
vendors described in
subparagraph (D)(ii)(I)
rather than at vendors
other than vendors
described in
subparagraph
(D)(ii)(I).
Nothing in this paragraph shall be construed to compel
a State agency to achieve lower food costs if program
participants redeem supplemental food vouchers at
vendors described in subparagraph (D)(ii)(I) rather
than at vendors other than vendors described in
subparagraph (D)(ii)(I).
(ii) Exemptions.--The Secretary may
exempt from the requirements of clause
(i)--
(I) a State agency that
elects not to authorize any
types of vendors described in
subparagraph (D)(ii)(I) and
that demonstrates to the
Secretary that--
(aa) compliance with
clause (i) would be
inconsistent with
efficient and effective
operation of the
program administered by
the State under this
section; or
(bb) an alternative
cost-containment system
would be as effective
as a vendor peer group
system; or
(II) a State agency--
(aa) in which the
sale of supplemental
foods that are obtained
with food instruments
from vendors described
in subparagraph
(D)(ii)(I) constituted
less than 5 percent of
total sales of
supplemental foods that
were obtained with food
instruments in the
State in the year
preceding a year in
which the exemption is
effective; and
(bb) that
demonstrates to the
Secretary that an
alternative cost-
containment system
would be as effective
as the vendor peer
group system and would
not result in higher
food costs if program
participants redeem
supplemental food
vouchers at vendors
described in
subparagraph (D)(ii)(I)
rather than at vendors
other than vendors
described in
subparagraph
(D)(ii)(I).
(B) Competitive pricing.--
(i) In general.--The State agency
shall establish competitive price
criteria for each peer group for the
selection of vendors for participation
in the program that--
(I) ensure that the retail
prices charged by vendor
applicants for the program are
competitive with the prices
charged by other vendors; and
(II) consider--
(aa) [the shelf
prices of the vendor
for all buyers] the
prices the vendor
charges other
customers; or
(bb) the prices that
the vendor bid for
supplemental foods,
which shall not exceed
the shelf prices of the
vendor for all buyers.
(ii) Participant access.--In
establishing competitive price
criteria, the State agency shall
consider participant access by
geographic area.
(iii) Subsequent price increases.--
The State agency shall establish
procedures to ensure that a retail
store selected for participation in the
program does not, subsequent to
selection, increase prices to levels
that would make the store ineligible
for selection to participate in the
program.
(C) Allowable reimbursement levels.--
(i) In general.--The State agency
shall establish allowable reimbursement
levels for supplemental foods for each
vendor peer group that ensure--
(I) that payments to vendors
in the vendor peer group
reflect competitive retail
prices; and
(II) that the State agency
does not reimburse a vendor for
supplemental foods at a level
that would make the vendor
ineligible for authorization
under the criteria established
under subparagraph (B).
(ii) Price fluctuations.--The
allowable reimbursement levels may
include a factor to reflect
fluctuations in wholesale prices.
(iii) Participant access.--In
establishing allowable reimbursement
levels, the State agency shall consider
participant access in a geographic
area.
(D) Exemptions.--The State agency may exempt
from competitive price criteria and allowable
reimbursement levels established under this
paragraph--
(i) pharmacy vendors that supply only
exempt infant formula or medical foods
that are eligible under the program;
and
(ii) vendors--
(I)(aa) for which more than
50 percent of the annual
revenue of the vendor from the
sale of food items consists of
revenue from the sale of
supplemental foods that are
obtained with food instruments;
or
(bb) who are new applicants
likely to meet the criteria of
item (aa) under criteria
approved by the Secretary; and
(II) that are nonprofit.
(E) Cost containment.--If a State agency
elects to authorize any types of vendors
described in subparagraph (D)(ii)(I), the State
agency shall demonstrate to the Secretary, and
the Secretary shall certify, that the
competitive price criteria and allowable
reimbursement levels established under this
paragraph for vendors described in subparagraph
(D)(ii)(I) do not result in average payments
per voucher to vendors described in
subparagraph (D)(ii)(I) that are more than 5
percent higher than average payments per
voucher to comparable vendors other than
vendors described in subparagraph (D)(ii)(I).
(F) Limitation on private rights of action.--
Nothing in this paragraph may be construed as
creating a private right of action.
(G) Implementation.--A State agency shall
comply with this paragraph not later than 18
months after the date of enactment of this
paragraph.
(12) Electronic benefit transfer.--
(A) Definitions.--In this paragraph:
(i) Electronic benefit transfer.--The
term ``electronic benefit transfer''
means a [food delivery system that
provides benefits using a card or other
access device] benefit delivery method
approved by the Secretary that permits
electronic access to program benefits.
(ii) Program.--The term ``program''
means the special supplemental
nutrition program established by this
section.
(B) Requirements.--
(i) In general.--Not later than
October 1, 2020, each State agency
shall be required to implement
electronic benefit transfer systems
throughout the State, unless the
Secretary grants an exemption under
[subparagraph (C)] subparagraph (C)(i)
for a State agency that is facing
unusual barriers to implement an
electronic benefit transfer system.
(ii) Responsibility.--The State
agency shall be responsible for the
coordination and management of the
electronic benefit transfer system of
the agency.
(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.
(C) Exemptions.--
(i) In general.--To be eligible for
an exemption from the statewide
implementation requirements of
subparagraph (B)(i), a State agency
shall demonstrate to the satisfaction
of the Secretary 1 or more of the
following:
(I) There are unusual
technological barriers to
implementation.
(II) Operational costs are
not affordable within the
nutrition services and
administration grant of the
State agency.
(III) It is in the best
interest of the program to
grant the exemption.
(ii) Specific date.--A State agency
requesting an exemption under clause
(i) shall specify a date by which the
State agency anticipates statewide
implementation described in
subparagraph (B)(i).
(iii) Vendor requirements
exemption.--To be eligible for an
exemption from the vendor requirements
of subparagraph (B)(iii), a State
agency shall demonstrate to the
satisfaction of the Secretary that the
State agency is facing unusual barriers
to implementing additional changes to
the electronic benefit transfer system.
(D) Reporting.--
(i) In general.--Each State agency
shall submit to the Secretary
electronic benefit transfer project
status reports to demonstrate the
progress of the State toward statewide
implementation.
(ii) Consultation.--If a State agency
plans to incorporate additional
programs in the electronic benefit
transfer system of the State, the State
agency shall consult with the State
agency officials responsible for
administering the programs prior to
submitting the planning documents to
the Secretary for approval.
(iii) Requirements.--At a minimum, a
status report submitted under clause
(i) shall contain--
(I) an annual outline of the
electronic benefit transfer
implementation goals and
objectives of the State;
(II) appropriate updates in
accordance with approval
requirements for active
electronic benefit transfer
State agencies; and
(III) such other information
as the Secretary may require.
(E) Imposition of costs on vendors.--
(i) Cost prohibition.--Except as
otherwise provided in this paragraph,
the Secretary may not impose, or allow
a State agency to impose, the costs of
any equipment or system required for
electronic benefit transfers on any
authorized vendor in order to transact
electronic benefit transfers if the
vendor equipment or system is used
solely to support the program.
(ii) Cost-sharing.--The Secretary
shall establish criteria for cost-
sharing by State agencies and vendors
of costs associated with any equipment
or system that is not solely dedicated
to transacting electronic benefit
transfers for the program.
(iii) Fees.--
(I) In general.--A vendor
that elects to accept
electronic benefit transfers
using multifunction equipment
shall pay commercial
transaction processing costs
and fees imposed by a third-
party processor that the vendor
elects to use to connect to the
electronic benefit transfer
system of the State.
(II) Interchange fees.--No
interchange fees shall apply to
electronic benefit transfer
transactions under this
paragraph.
(iv) Statewide operations.--After
completion of statewide expansion of a
system for transaction of electronic
benefit transfers--
(I) a State agency may not be
required to incur ongoing
maintenance costs for vendors
using multifunction systems and
equipment to support electronic
benefit transfers; and
(II) any retail store in the
State that applies for
authorization to become a
program vendor shall be
required to demonstrate the
capability to accept program
benefits electronically prior
to authorization, unless the
State agency determines that
the vendor is necessary for
participant access.
(F) Minimum lane coverage.--
(i) In general.--The Secretary shall
establish minimum lane coverage
guidelines for vendor equipment and
systems used to support electronic
benefit transfers.
(ii) Provision of equipment.--If a
vendor does not elect to accept
electronic benefit transfers using its
own multifunction equipment, the State
agency shall provide such equipment as
is necessary to solely support the
program to meet the established minimum
lane coverage guidelines.
(G) Technical standards.--The Secretary
shall--
(i) establish technical standards and
operating rules for electronic benefit
transfer systems; and
(ii) require each State agency,
contractor, and authorized vendor
participating in the program to
demonstrate compliance with the
technical standards and operating
rules.
(H) Equitable access for wic shoppers.--To
facilitate the use of online 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 cashier;
(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
electronic benefit transfer
transaction has been processed;
(ii) ensure that no interchange or
related transaction fees are collected
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.
[(13) Universal product codes database.--
[(A) In general.--Not later than 2 years
after the date of enactment of the Healthy,
Hunger-Free Kids Act of 2010, the Secretary
shall establish a national universal product
code database to be used by all State agencies
in carrying out the requirements of paragraph
(12).
[(B) Funding.--
[(i) In general.--On October 1, 2010,
and on each October 1 thereafter, out
of any funds in the Treasury not
otherwise appropriated, the Secretary
of the Treasury shall transfer to the
Secretary to carry out this paragraph
$1,000,000, to remain available until
expended.
[(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive,
shall accept, and shall use to carry
out this paragraph the funds
transferred under clause (i), without
further appropriation.
[(iii) Use of funds.--The Secretary
shall use the funds provided under
clause (i) for development, hosting,
hardware and software configuration,
and support of the database required
under subparagraph (A).]
(14) Incentive items.--A State agency shall not
authorize or make payments to a vendor described in
paragraph (11)(D)(ii)(I) that provides incentive items
or other free merchandise, except [food or merchandise]
food, merchandise, or food delivery of nominal value
(as determined by the Secretary), to program
participants unless the vendor provides to the State
agency proof that the vendor obtained the incentive
items or merchandise at no cost.
(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
Department 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 supplemental
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 subparagraph (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 program 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.).
(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 increasing 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 regulations).
(i)(1) By the beginning of each fiscal year, the Secretary
shall divide, among the State agencies, the amounts made
available for food benefits under subsection (h)(1)(C) on the
basis of a formula determined by the Secretary.
(2) Each State agency's allocation, as so determined, shall
constitute the State agency's authorized operational level for
that year, except that the Secretary shall reallocate funds
periodically if the Secretary determines that a State agency is
unable to spend its allocation.
(3)(A) Notwithstanding paragraph (2) and subject to
subparagraph (B)--
(i)(I) not more than [1 percent (except as provided
in subparagraph (C))] 10 percent of the amount of funds
allocated to a State agency under this section for
supplemental foods for a fiscal year may be expended by
the State agency for allowable expenses incurred under
this section for supplemental foods during the
preceding fiscal year; and
(II) not more than [1 percent] 10 percent of the
amount of funds allocated to a State agency under this
section for nutrition services and administration for a
fiscal year may be expended by the State agency for
allowable expenses incurred under this section for
supplemental foods and nutrition services and
administration during the preceding fiscal year; and
(ii)(I) for each fiscal year, of the amounts
allocated to a State agency for nutrition services and
administration, an amount equal to not more than [3
percent] 10 percent of the amount allocated to the
State agency for nutrition services and administration
under this section for the fiscal year may be expended
by the State agency for allowable expenses incurred
under this section for nutrition services and
administration during the subsequent fiscal year; and
(II) for each fiscal year, of the amounts allocated
to a State agency [for nutrition services and
administration] to carry out this section, an amount
equal to [not more than \1/2\ of 1 percent] not more
than 3 percent of the amount allocated to the State
agency under this section for the fiscal year may be
expended by the State agency, with the prior approval
of the Secretary, for [the development of a management
information system, including an electronic benefit
transfer system] purposes related to food delivery,
including breastfeeding services and supplies,
electronic benefit transfer systems, and other
technologies, during the subsequent fiscal year.
(B) Any funds made available to a State agency in accordance
with subparagraph (A)(ii) for a fiscal year shall not affect
the amount of funds allocated to the State agency for such
year.
[(C) The Secretary may authorize a State agency to expend not
more than 3 percent of the amount of funds allocated to a State
under this section for supplemental foods for a fiscal year for
expenses incurred under this section for supplemental foods
during the preceding fiscal year, if the Secretary determines
that there has been a significant reduction in infant formula
cost containment savings provided to the State agency that
would affect the ability of the State agency to at least
maintain the level of participation by eligible participants
served by the State agency.]
(4) For purposes of the formula, if Indians are served by the
health department of a State, the formula shall be based on the
State population inclusive of the Indians within the State
boundaries.
(5) If Indians residing in the State are served by a State
agency other than the health department of the State, the
population of the tribes within the jurisdiction of the State
being so served shall not be included in the formula for such
State, and shall instead be included in the formula for the
State agency serving the Indians.
(6) Notwithstanding any other provision of this section, the
Secretary may use a portion of a State agency's allocation to
purchase supplemental foods for donation to the State agency
under this section.
(7) In addition to any amounts expended under paragraph
(3)(A)(i), any State agency using cost containment measures as
defined in subsection (h)(9) may temporarily use amounts made
available to such agency for the first quarter of a fiscal year
to defray expenses for costs incurred during the final quarter
of the preceding fiscal year. In any fiscal year, any State
agency that uses amounts made available for a succeeding fiscal
year under the authority of the preceding sentence shall
restore or reimburse such amounts when such agency receives
payment as a result of its cost containment measures for such
expenses.
(8) Temporary spending authority.--During each of
fiscal years 2012 and 2013, the Secretary may authorize
a State agency to expend more than the amount otherwise
authorized under paragraph (3)(C) for expenses incurred
under this section for supplemental foods during the
preceding fiscal year, if the Secretary determines
that--
(A) there has been a significant reduction in
reported infant formula cost containment
savings for the preceding fiscal year due to
the implementation of subsection (h)(8)(K); and
(B) the reduction would affect the ability of
the State agency to serve all eligible
participants.
(j)(1) The Secretary and the Secretary of Health and Human
Services (referred to in this subsection as the
``Secretaries'') shall jointly establish and carry out an
initiative for the purpose of providing both supplemental
foods, nutrition education, and breastfeeding support and
promotion under the special supplemental nutrition program and
health care services to low-income pregnant, postpartum, and
breastfeeding women, infants, and children at substantially
more community health centers and migrant health centers.
(2) The initiative shall also include--
(A) activities to improve the coordination of the
provision of supplemental foods, nutrition education,
and breastfeeding support and promotion under the
special supplemental nutrition program and health care
services at facilities funded by the Indian Health
Service; and
(B) the development and implementation of strategies
to ensure that, to the maximum extent feasible, new
community health centers, migrant health centers, and
other federally supported health care facilities
established in medically underserved areas provide
supplemental foods, nutrition education, and
breastfeeding support and promotion under the special
supplemental nutrition program.
(3) The initiative may include--
(A) outreach and technical assistance for State and
local agencies and the facilities described in
paragraph (2)(A) and the health centers and facilities
described in paragraph (2)(B);
(B) demonstration projects in selected State or local
areas; and
(C) such other activities as the Secretaries find are
appropriate.
(4) As used in this subsection:
(A) The term ``community health center'' has the
meaning given the term in section 330(a) of the Public
Health Service Act (42 U.S.C. 254c(a)).
(B) The term ``migrant health center'' has the
meaning given the term in section 329(a)(1) of such Act
(42 U.S.C. 254b(a)(1)).
[(k)(1) There is hereby established a National Advisory
Council on Maternal, Infant, and Fetal Nutrition (referred to
in this subsection as the ``Council'') composed of 24 members
appointed by the Secretary. One member shall be a State
director of a program under this section; one member shall be a
State official responsible for a commodity supplemental food
program under section 1304 of the Food and Agriculture Act of
1977; one member shall be a State fiscal officer of a program
under this section (or the equivalent thereof); one member
shall be a State health officer (or the equivalent thereof);
one member shall be a local agency director of a program under
this section in an urban area; one member shall be a local
agency director of a program under this section in a rural
area; one member shall be a project director of a commodity
supplemental food program; one member shall be a State public
health nutrition director (or the equivalent thereof); one
member shall be a representative of an organization serving
migrants; one member shall be an official from a State agency
predominantly serving Indians; three members shall be parent
participants of a program under this section or of a commodity
supplemental food program; one member shall be a pediatrician;
one member shall be an obstetrician; one member shall be a
representative of a nonprofit public interest organization that
has experience with and knowledge of the special supplemental
nutrition program; one member shall be a person involved at the
retail sales level of food in the special supplemental
nutrition program; two members shall be officials of the
Department of Health and Human Services appointed by the
Secretary of Health and Human Services; two members shall be
officials of the Department of Agriculture appointed by the
Secretary; 1 member shall be an expert in the promotion of
breast feeding; one member shall be an expert in drug abuse
education and prevention; and one member shall be an expert in
alcohol abuse education and prevention.
[(2) Members of the Council appointed from outside the
Department of Agriculture and the Department of Health and
Human Services shall be appointed for terms not exceeding three
years. State and local officials shall serve only during their
official tenure, and the tenure of parent participants shall
not exceed two years. Persons appointed to complete an
unexpired term shall serve only for the remainder of such term.
[(3) The Council shall elect a Chairman and a Vice Chairman.
The Council shall meet at the call of the Chairman, but shall
meet at least once a year. Eleven members shall constitute a
quorum.
[(4) 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.
[(5) Members of the Council shall serve without compensation
but shall be reimbursed for necessary travel and subsistence
expenses incurred by them in the performance of the duties of
the Council. Parent participant members of the Council, in
addition to reimbursement for necessary travel and subsistence,
shall, at the discretion of the Secretary, be compensated in
advance for other personal expenses related to participation on
the Council, such as child care expenses and lost wages during
scheduled Council meetings.]
(l) Foods available under section 416 of the Agriculture Act
of 1949, including, but not limited to, dry milk, or purchased
under section 32 of the Act of August 24, 1935 may be donated
by the Secretary, at the request of a State agency, for
distribution to programs conducted under this section. The
Secretary may purchase and distribute, at the request of a
State agency, supplemental foods for donation to programs
conducted under this section, with appropriated funds,
including funds appropriated under this section.
(m)(1) Subject to the availability of funds appropriated for
the purposes of this subsection, and as specified in this
subsection, the Secretary shall award grants to States that
submit State plans that are approved for the establishment or
maintenance of programs designed to provide recipients of
assistance under subsection (c), or those who are on the
waiting list to receive the assistance, with coupons that may
be exchanged for fresh, nutritious, unprepared foods at
farmers' markets and (at the option of a State) roadside stands
and community supported agriculture programs, as defined in the
State plans submitted under this subsection.
(2) A grant provided to any State under this subsection shall
be provided to the chief executive officer of the State, who
shall--
(A) designate the appropriate State agency or
agencies to administer the program in conjunction with
the appropriate nonprofit organizations; and
(B) ensure coordination of the program among the
appropriate agencies and organizations.
[(3) The Secretary shall not make a grant to any State under
this subsection unless the State agrees to provide State,
local, or private funds for the program in an amount that is
equal to not less than 30 percent of the administrative cost of
the program, which may be satisfied from program income or
State contributions that are made for similar programs. The
Secretary may negotiate with an Indian State agency a lower
percentage of matching funds than is required under the
preceding sentence, but not lower than 10 percent of the
administrative cost of the program, if the Indian State agency
demonstrates to the Secretary financial hardship for the
affected Indian tribe, band, group, or council.]
[(4)] (3) Subject to [paragraph (6)] paragraph (5), the
Secretary shall establish a formula for determining the amount
of the grant to be awarded under this subsection to each State
for which a State plan is approved under [paragraph (6)]
paragraph (5), according to the number of recipients proposed
to participate as specified in the State plan. In determining
the amount to be awarded to new States, the Secretary shall
rank order the State plans according to the criteria of
operation set forth in this subsection, and award grants
accordingly. The Secretary shall take into consideration the
minimum amount needed to fund each approved State plan, and
need not award grants to each State that submits a State plan.
[(5)] (4) Each State that receives a grant under this
subsection shall ensure that the program for which the grant is
received complies with the following requirements:
(A) Individuals who are eligible to receive Federal
benefits under the program shall only be individuals
who are receiving assistance under subsection (c), or
who are on the waiting list to receive the assistance.
(B) Construction or operation of a farmers' market
may not be carried out [using funds--]
[(i) provided under the grant; or]
[(ii) required to be provided by the State
under paragraph (3).] using funds provided
under the grant.
(C) The value of the Federal share of the benefits
received by any recipient under the program [may not
be--]
[(i) less than $10 per year; or]
[(ii) more than $30 per year.] may not be
less than $20 per year or more than $100 per
year.
(D) The coupon issuance process under the program
shall be designed to ensure that coupons are targeted
to areas with--
(i) the highest concentration of eligible
individuals;
(ii) the greatest access to farmers' markets;
and
(iii) certain characteristics, in addition to
those described in clauses (i) and (ii), that
are determined to be relevant by the Secretary
and that maximize the availability of benefits
to eligible individuals.
[(E) The coupon redemption process under the program
shall be designed to ensure that the coupons may be--
[(i) redeemed only by producers authorized by
the State to participate in the program; and
[(ii) redeemed only to purchase fresh
nutritious unprepared food for human
consumption.]
(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 program; 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 consumption.
(F)(i) Except as provided in [clauses (ii) and (iii)]
clause (ii), the State may use for administration of
the program in any fiscal year not more than 17 percent
of the total amount of program funds.
(ii) During any fiscal year for which a State
receives assistance under this subsection, the
Secretary shall permit the State to use not more than
[2 percent] 3 percent of total program funds for market
development or technical assistance to farmers' markets
if the Secretary determines that such market
development or technical assistance will advance State
efforts to develop efficient and appropriate electronic
benefits systems or the State intends to promote the
development of farmers' markets in socially or
economically disadvantaged areas, or remote rural
areas, where individuals eligible for participation in
the program have limited access to locally grown fruits
and vegetables.
[(iii) The provisions of clauses (i) and (ii) with
respect to the use of program funds shall not apply to
any funds that a State may contribute in excess of the
funds used by the State to meet the requirements of
paragraph (3).]
(G) The State shall ensure that no State or local
taxes are collected within the State on purchases of
food with coupons distributed under the program.
[(6)] (5)(A) The Secretary shall give the same preference for
funding under this subsection to eligible States that
participated in the program under this subsection in a prior
fiscal year as to States that participated in the program in
the most recent fiscal year. The Secretary shall inform each
State of the award of funds as prescribed by [subparagraph (G)]
paragraph (8) by February 15 of each year.
(B)(i) Subject to the availability of appropriations, [if a
State provides the amount of matching funds required under
paragraph (3),] the State shall receive assistance under this
subsection in an amount that is not less than the amount of
such assistance that the State received in the most recent
fiscal year in which it received such assistance.
(ii) If amounts appropriated for any fiscal year pursuant to
the authorization contained in [paragraph (10)] paragraph (8)
for grants under this subsection are not sufficient to pay to
each State for which a State plan is approved under [paragraph
(6)] paragraph (5) the amount that the Secretary determines
each such State is entitled to under this subsection, each
State's grant shall be ratably reduced, except that (if
sufficient funds are available) each State shall receive at
least $75,000 or the amount that the State received for the
prior fiscal year if that amount is less than $75,000.
(C) In providing funds to a State that received assistance
under this subsection in the previous fiscal year, the
Secretary shall consider--
(i) the availability of any such assistance not spent
by the State during the program year for which the
assistance was received;
(ii) documentation that demonstrates that--
(I) there is a need for an increase in funds;
and
(II) the use of the increased funding will be
consistent with serving nutritionally at-risk
persons and expanding the awareness and use of
farmers' markets;
(iii) demonstrated ability to satisfactorily operate
the existing program; and
(iv) whether, in the case of a State that intends to
use any funding provided under [subparagraph (G)(i)]
paragraph (8) to increase the value of the Federal
share of the benefits received by a recipient, the
funding provided under [subparagraph (G)(i)] paragraph
(8) will increase the rate of coupon redemption.
(D)(i) A State that desires to receive a grant under this
subsection shall submit, for each fiscal year, a State plan to
the Secretary by November 15 of each year.
(ii) Each State plan submitted under this paragraph shall
contain--
(I) the estimated cost of the program and the
estimated number of individuals to be served by the
program;
(II) a description of the State plan for complying
with the requirements established in [paragraph (5)]
paragraph (4); and
(III) criteria developed by the State with respect to
authorization of producers to participate in the
program.
(iii) The criteria developed by the State as required by
clause (ii)(III) shall require any authorized producer to sell
fresh nutritious unprepared foods (such as fruits and
vegetables) to recipients, in exchange for coupons distributed
under the program.
(E) The Secretary shall establish objective criteria for the
approval and ranking of State plans submitted under this
paragraph.
(F)(i) An amount equal to 75 percent of the funds available
after satisfying the requirements of subparagraph (B) shall be
made available to States participating in the program whose
State plan is approved by the Secretary. If this amount is
greater than that necessary to satisfy the approved State
plans, the unallocated amount shall be applied toward
satisfying any unmet need of States that have not participated
in the program in the prior fiscal year, and whose State plans
have been approved.
(ii) An amount equal to 25 percent of the funds available
after satisfying the requirements of subparagraph (B) shall be
made available to States that have not participated in the
program in the prior fiscal year, and whose State plans have
been approved by the Secretary. If this amount is greater than
that necessary to satisfy the approved State plans for new
States, the unallocated amount shall be applied toward
satisfying any unmet need of States whose State plans have been
approved.
(iii) In any fiscal year, any funds that remain unallocated
after satisfying the requirements of clauses (i) and (ii) shall
be reallocated in the following fiscal year according to
procedures established pursuant to [paragraph (10)(B)(ii)]
paragraph (8)(B)(ii).
[(7)] (6)(A) The value of the benefit received by any
recipient under any program for which a grant is received under
this subsection may not affect the eligibility or benefit
levels for assistance under other Federal or State programs.
(B) Any programs for which a grant is received under this
subsection shall be supplementary to the supplemental nutrition
assistance program carried out under the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.) and to any other Federal or
State program under which foods are distributed to needy
families in lieu of supplemental nutrition assistance program
benefits.
[(8)] (7) For each fiscal year, the Secretary shall collect
from each State that receives a grant under this subsection
information relating to--
(A) the number and type of recipients served by both
Federal and non-Federal benefits under the program for
which the grant is received;
(B) the rate of redemption of coupons distributed
under the program;
(C) the average amount distributed in coupons to each
recipient;
[(D) the change in consumption of fresh fruits and
vegetables by recipients, if the information is
available;]
[(E)] (D) the effects of the program on farmers'
markets, if the information is available; and
[(F)] (E) any other information determined to be
necessary by the Secretary.
[(9)] (8) Funding.--
(A) Authorization of appropriations.--There
are authorized to be appropriated to carry out
this subsection such sums as are necessary for
each of fiscal years [2010 through 2015] 2023
through 2028.
(B)(i)(I) Each State shall return to the Secretary any funds
made available to the State that are unobligated at the end of
the fiscal year for which the funds were originally allocated.
The unexpended funds shall be returned to the Secretary by
February 1st of the following fiscal year.
(II) Notwithstanding any other provision of this subsection,
a total of not more than [5 percent] 10 percent of funds made
available to a State for any fiscal year may be expended by the
State to reimburse expenses incurred for a program assisted
under this subsection during the preceding fiscal year.
(ii) The Secretary shall establish procedures to reallocate
funds that are returned under clause (i).
[(10)] (9) For purposes of this subsection:
(A) The term ``coupon'' means a coupon, voucher, [or
other negotiable financial instrument] token,
electronic benefit transfer card, mobile benefit
delivery system, or other forms or technologies as
determined by the Secretary by which benefits under
this section are transferred.
(B) The term ``program'' means--
(i) the State farmers' market coupon
nutrition program authorized by this subsection
(as it existed on September 30, 1991); or
(ii) the farmers' market nutrition program
authorized by this subsection.
(C) The term ``recipient'' means a person or
household, as determined by the State, who is chosen by
a State to receive benefits under this subsection, or
who is on a waiting list to receive such benefits.
(D) The term ``State agency'' has the meaning
provided in subsection (b)(13), except that the term
also includes the agriculture department of each State
and any other agency approved by the chief executive
officer of the State.
(n) Disqualification of Vendors Who Are Disqualified Under
the Supplemental Nutrition Assistance Program.--
(1) In general.--The Secretary shall issue
regulations providing criteria for the disqualification
under this section of an approved vendor that is
disqualified from accepting benefits under the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.).
(2) Terms.--A disqualification under paragraph (1)--
(A) shall be for the same period as the
disqualification from the program referred to
in paragraph (1);
(B) may begin at a later date than the
disqualification from the program referred to
in paragraph (1); and
(C) shall not be subject to judicial or
administrative review.
(o) Disqualification of Vendors Convicted of Trafficking or
Illegal Sales.--
(1) In general.--Except as provided in paragraph (4),
a State agency shall permanently disqualify from
participation in the program authorized under this
section a vendor convicted of--
(A) trafficking in food instruments
(including any voucher, draft, check, or access
device (including an electronic benefit
transfer card or personal identification
number) issued in lieu of a food instrument
under this section); or
(B) selling firearms, ammunition, explosives,
or controlled substances (as defined in section
102 of the Controlled Substances Act (21 U.S.C.
802)) in exchange for food instruments
(including any item described in subparagraph
(A) issued in lieu of a food instrument under
this section).
(2) Notice of disqualification.--The State agency
shall--
(A) provide the vendor with notification of
the disqualification; and
(B) make the disqualification effective on
the date of receipt of the notice of
disqualification.
(3) Prohibition of receipt of lost revenues.--A
vendor shall not be entitled to receive any
compensation for revenues lost as a result of
disqualification under this subsection.
(4) Exceptions in lieu of disqualification.--
(A) In general.--A State agency may permit a
vendor that, but for this paragraph, would be
disqualified under paragraph (1), to continue
to participate in the program if the State
agency determines, in its sole discretion
according to criteria established by the
Secretary, that--
(i) disqualification of the vendor
would cause hardship to participants in
the program authorized under this
section; or
(ii)(I) the vendor had, at the time
of the violation under paragraph (1),
an effective policy and program in
effect to prevent violations described
in paragraph (1); and
(II) the ownership of the vendor was
not aware of, did not approve of, and
was not involved in the conduct of the
violation.
(B) Civil penalty.--If a State agency under
subparagraph (A) permits a vendor to continue
to participate in the program in lieu of
disqualification, the State agency shall assess
the vendor a civil penalty in an amount
determined by the State agency, in accordance
with criteria established by the Secretary,
except that--
(i) the amount of the civil penalty
shall not exceed $10,000 for each
violation; and
(ii) the amount of civil penalties
imposed for violations investigated as
part of a single investigation may not
exceed $40,000.
(p) Criminal Forfeiture.--
(1) In general.--Notwithstanding any provision of
State law and in addition to any other penalty
authorized by law, a court may order a person that is
convicted of a violation of a provision of law
described in paragraph (2), with respect to food
instruments (including any item described in subsection
(o)(1)(A) issued in lieu of a food instrument under
this section), funds, assets, or property that have a
value of $100 or more and that are the subject of a
grant or other form of assistance under this section,
to forfeit to the United States all property described
in paragraph (3).
(2) Applicable laws.--A provision of law described in
this paragraph is--
(A) section 12(g) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(g));
and
(B) any other Federal law imposing a penalty
for embezzlement, willful misapplication,
stealing, obtaining by fraud, or trafficking in
food instruments (including any item described
in subsection (o)(1)(A) issued in lieu of a
food instrument under this section), funds,
assets, or property.
(3) Property subject to forfeiture.--The following
property shall be subject to forfeiture under paragraph
(1):
(A) All property, real and personal, used in
a transaction or attempted transaction, to
commit, or to facilitate the commission of, a
violation described in paragraph (1).
(B) All property, real and personal,
constituting, derived from, or traceable to any
proceeds a person obtained directly or
indirectly as a result of a violation described
in paragraph (1).
(4) Procedures; interest of owner.--Except as
provided in paragraph (5), all property subject to
forfeiture under this subsection, any seizure or
disposition of the property, and any proceeding
relating to the forfeiture, seizure, or disposition
shall be subject to section 413 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), other than subsection (d) of that section.
(5) Proceeds.--The proceeds from any sale of
forfeited property and any amounts forfeited under this
subsection shall be used--
(A) first, to reimburse the Department of
Justice, the Department of the Treasury, and
the United States Postal Service for the costs
incurred by the Departments or Service to
initiate and complete the forfeiture
proceeding;
(B) second, to reimburse the Office of
Inspector General of the Department of
Agriculture for any costs incurred by the
Office in the law enforcement effort resulting
in the forfeiture;
(C) third, to reimburse any Federal, State,
or local law enforcement agency for any costs
incurred in the law enforcement effort
resulting in the forfeiture; and
(D) fourth, by the State agency to carry out
approval, reauthorization, and compliance
investigations of vendors.
(q) The Secretary of Agriculture shall provide technical
assistance to the Secretary of Defense, if so requested by the
Secretary of Defense, for the purpose of carrying out the
overseas special supplemental food program established under
section 1060a(a) of title 10, United States Code.
(r) Emergencies and Disasters.--
(1) In general.--Notwithstanding any other provision
of law, during an emergency period, the Secretary may
modify or waive any qualified administrative
requirement for one or more State agencies if--
(A) the qualified administrative requirement
cannot be met by State agencies during any
portion of the emergency period under the
conditions which prompted the emergency period;
and
(B) the modification or waiver of such a
requirement--
(i) is necessary to provide
assistance under this section; and
(ii) does not substantially weaken
the nutritional quality of supplemental
foods provided under this section.
(2) Duration.--A waiver established under this
subsection may be available for a period of not greater
than the emergency period and the 60 days after the end
of such emergency period.
(3) Definitions.--In this subsection:
(A) Emergency period.--The term ``emergency
period'' means a period during which there
exists--
(i) 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);
(ii) any renewal of such a public
health emergency pursuant to such
section 319;
(iii) a presidentially declared major
disaster as defined under section 102
of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.); or
(iv) a presidentially declared
emergency as defined under section 102
of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(B) Qualified administrative requirement.--
The term ``qualified administrative
requirement'' means a requirement under this
section or a regulatory requirement issued
pursuant to this section.
(s) Supply Chain Disruptions.--
(1) In general.--Notwithstanding any other provision
of law, during a supply chain disruption, including a
supplemental food product recall, the Secretary may
modify or waive any qualified administrative
requirement for one or more State agencies if--
(A) the qualified administrative requirement
cannot be met by State agencies during any
portion of the supply chain disruption,
including a supplemental food product recall,
under the conditions which prompted such
disruption or recall; and
(B) the modification or waiver of such a
requirement--
(i) is necessary to provide
assistance under this section; and
(ii) does not substantially weaken
the nutritional quality of supplemental
foods provided under this section.
(2) Waiver authority.--The Secretary may, under a
waiver or modification under paragraph (1)--
(A) permit authorized vendors to exchange or
substitute authorized supplemental foods
obtained with food instruments beyond exchanges
for an identical (exact brand and size) food
item;
(B) waive any requirement with respect to
medical documentation for the issuance of
noncontract brand infant formula, except for
the requirements for participants receiving
Food Package III (as defined in section
246.10(e)(3) of title 7, Code of Federal
Regulations (as in effect on the date of the
enactment of this subsection));
(C) waive the maximum monthly allowance for
infant formula; and
(D) waive any additional qualified
administrative requirement to address a supply
chain disruption, including a supplemental food
product recall.
(3) Duration.--A waiver or modification established
under this subsection--
(A) may be--
(i) available for a period of not
more than 45 days, to begin on a date
determined by the Secretary; and
(ii) renewed so long as the Secretary
provides notice at least 15 days before
such renewal; and
(B) shall not be available after the date
that is 60 days after the supply chain
disruption for which such waiver is established
ceases to exist.
(4) Transparency.--
(A) In general.--If the Secretary determines
that a supply chain disruption exists and
issues a waiver or modification under this
subsection, the Secretary shall notify each
State agency affected by such disruption and
include with such notification an explanation
of such determination.
(B) Publication.--The Secretary shall make
each determination described in subparagraph
(A) publicly available on the website of the
Department.
(C) State agency requirements.--In the case
of a waiver or modification under this
subsection related to infant formula, a State
agency notified under subparagraph (A) shall
notify each infant formula manufacturer that
has a contract with such State agency with
respect to such notification.
(5) Qualified administrative requirement defined.--
For purposes of this subsection, the term ``qualified
administrative requirement'' has the meaning given the
term in subsection (r).
(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 individuals 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 receive
accurate nutrition education from trained staff in an
effective and unbiased 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 disorder during
pregnancy and in the postpartum period; and
(B) nutrition education materials for infants
impacted by prenatal substance exposure and
neonatal abstinence syndrome.
(4) Nutrition education clearinghouse.--The Secretary
shall make available to all State agencies through an
online clearinghouse any nutrition education and
training materials related to nutrition for individuals
impacted by a substance use disorder or neonatal
abstinence syndrome that have been produced by the
Secretary or the Secretary of Health and Human Services
(or produced 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 appropriated to carry out this
subsection $1,000,000 for fiscal year 2024, to remain
available until expended.
SEC. 19. TEAM NUTRITION NETWORK.
(a) Purposes.--The purposes of the team nutrition network
are--
(1) to establish State systems to promote the
nutritional health of school children of the United
States through nutrition education and the use of team
nutrition messages and material developed by the
Secretary, and to encourage regular physical activity
and other activities that support healthy lifestyles
for children, including those based on 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);
(2) to provide assistance to States for the
development of comprehensive and integrated nutrition
education and active living programs in schools and
facilities that participate in child nutrition
programs;
(3) to provide training, including training on
scratch cooking, and technical assistance and
disseminate team nutrition messages to States, school
and community nutrition programs, and child nutrition
food service professionals;
(4) to coordinate and collaborate with other
nutrition education and active living programs that
share similar goals and purposes; and
(5) to identify and share innovative programs with
demonstrated effectiveness in [helping children to
maintain a healthy weight by] enhancing student
understanding of healthful eating patterns and the
importance of regular physical activity.
(b) Definition of Team Nutrition Network.--In this section,
the term ``team nutrition network'' means a statewide
multidisciplinary program for children to promote healthy
eating and physical activity based on scientifically valid
information and sound educational, social, and marketing
principles.
(c) Grants.--
(1) In general.--Subject to the availability of funds
for use in carrying out this section, in addition to
any other funds made available to the Secretary for
team nutrition purposes, the Secretary, in consultation
with the Secretary of Education, may make grants to
State agencies for each fiscal year, in accordance with
this section, to establish team nutrition networks to
promote nutrition education through--
(A) the use of team nutrition network
messages and other scientifically based
information; and
(B) the promotion of active lifestyles.
(2) Form.--A portion of the grants provided under
this subsection may be in the form of competitive
grants.
(3) Funds from nongovernmental sources.--In carrying
out this subsection, the Secretary may accept cash
contributions from nongovernmental organizations made
expressly to further the purposes of this section, to
be managed by the Food and Nutrition Service, for use
by the Secretary and the States in carrying out this
section.
(d) Allocation.--Subject to the availability of funds for use
in carrying out this section, the total amount of funds made
available for a fiscal year for grants under this section shall
equal not more than the sum of--
(1) the product obtained by multiplying \1/2\ cent by
the number of lunches reimbursed through food service
programs under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) during the second
preceding fiscal year in schools, institutions, and
service institutions that participate in the food
service programs; and
(2) the total value of funds received by the
Secretary in support of this section from
nongovernmental sources.
(e) Requirements for State Participation.--To be eligible to
receive a grant under this section, a State agency shall submit
to the Secretary a plan that--
(1) is subject to approval by the Secretary; and
(2) is submitted at such time and in such manner, and
that contains such information, as the Secretary may
require, including--
(A) a description of the goals and proposed
State plan for addressing the health and other
consequences of children who are at risk of
becoming overweight or obese;
(B) an analysis of the means by which the
State agency will use and disseminate the team
nutrition messages and material developed by
the Secretary;
(C) an explanation of the ways in which the
State agency will use the funds from the grant
to work toward the goals required under
subparagraph (A), and to promote healthy eating
and physical activity and fitness in schools
throughout the State;
(D) a description of the ways in which the
State team nutrition network messages and
activities will be coordinated at the State
level with other health promotion and education
activities;
(E) a description of the consultative process
that the State agency employed in the
development of the model nutrition and physical
activity programs, including consultations with
individuals and organizations with expertise in
promoting public health, nutrition, or physical
activity;
(F) a description of how the State agency
will evaluate the effectiveness of each program
developed by the State agency;
(G) an annual summary of the team nutrition
network activities;
(H) a description of the ways in which the
total school environment will support healthy
eating and physical activity; and
(I) a description of how all communications
to parents and legal guardians of students who
are members of a household receiving or
applying for assistance under the program shall
be in an understandable and uniform format and,
to the maximum extent practicable, in a
language that parents and legal guardians can
understand.
(f) State Coordinator.--Each State that receives a grant
under this section shall appoint a team nutrition network
coordinator who shall--
(1) administer and coordinate the team nutrition
network within and across schools, school food
authorities, and other child nutrition program
providers in the State; and
(2) coordinate activities of the Secretary, acting
through the Food and Nutrition Service, and State
agencies responsible for other children's health,
education, and wellness programs to implement a
comprehensive, coordinated team nutrition network
program.
(g) Authorized Activities.--A State agency that receives a
grant under this section may use funds from the grant--
(1)(A) to collect, analyze, and disseminate data
regarding the extent to which children and youths in
the State are overweight, physically inactive, or
otherwise suffering from nutrition-related deficiencies
or disease conditions; and
(B) to identify the programs and services available
to meet those needs;
(2) to implement model elementary and secondary
education curricula using team nutrition network
messages and material developed by the Secretary to
create a comprehensive, coordinated nutrition and
physical fitness awareness and obesity prevention
program;
(3) to implement pilot projects in schools to promote
physical activity and to enhance the nutritional status
of students;
(4) to improve access to local foods through farm-to-
cafeteria activities that may include the acquisition
of food and the provision of training and education;
(5) to implement State guidelines in health
(including nutrition education and physical education
guidelines) and to emphasize regular physical activity
during school hours;
(6) to establish healthy eating and lifestyle
policies in schools;
(7) to provide training and technical assistance to
teachers and school food service professionals
consistent with the purposes of this section;
(8) to collaborate with public and private
organizations, including community-based organizations,
State medical associations, and public health groups,
to develop and implement nutrition and physical
education programs targeting lower income children,
ethnic minorities, and youth at a greater risk for
obesity.
(h) Local Nutrition and Physical Activity Grants.--
(1) In general.--Subject to the availability of funds
to carry out this subsection, the Secretary, in
consultation with the Secretary of Education, shall
provide assistance to selected local educational
agencies to create healthy school nutrition
environments, promote healthy eating habits, and
increase physical activity, consistent with 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), among elementary and
secondary education students.
(2) Selection of schools.--In selecting local
educational agencies for grants under this subsection,
the Secretary shall--
(A) provide for the equitable distribution of
grants among--
(i) urban, suburban, and rural
schools; and
(ii) schools with varying family
income levels;
(B) consider factors that affect need,
including local educational agencies with
significant minority or low-income student
populations; and
(C) establish a process that allows the
Secretary to conduct an evaluation of how funds
were used.
(3) Requirement for participation.--To be eligible to
receive assistance under this subsection, a local
educational agency shall, in consultation with
individuals who possess education or experience
appropriate for representing the general field of
public health, including nutrition and fitness
professionals, submit to the Secretary an application
that shall include--
(A) a description of the need of the local
educational agency for a nutrition and physical
activity program, including an assessment of
the nutritional environment of the school;
(B) a description of how the proposed project
will improve health and nutrition through
education and increased access to physical
activity;
(C) a description of how the proposed project
will be aligned with the local wellness policy
required under section 204 of the Child
Nutrition and WIC Reauthorization Act of 2004;
(D) a description of how funds under this
subsection will be coordinated with other
programs under this Act, the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.), or other Acts, as appropriate, to
improve student health and nutrition;
(E) a statement of the measurable goals of
the local educational agency for nutrition and
physical education programs and promotion;
(F) a description of the procedures the
agency will use to assess and publicly report
progress toward meeting those goals; and
(G) a description of how communications to
parents and guardians of participating students
regarding the activities under this subsection
shall be in an understandable and uniform
format, and, to the extent maximum practicable,
in a language that parents can understand.
(4) Duration.--Subject to the availability of funds
made available to carry out this subsection, a local
educational agency receiving assistance under this
subsection shall conduct the project during a period of
3 successive school years beginning with the initial
fiscal year for which the local educational agency
receives funds.
(5) Authorized activities.--An eligible applicant
that receives assistance under this subsection--
(A) shall use funds provided to--
(i) promote healthy eating through
the development and implementation of
nutrition education programs and
curricula based on 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);
and
(ii) increase opportunities for
physical activity through after school
programs, athletics, intramural
activities, and recess; and
(B) may use funds provided to--
(i) [educate] conduct evidence-based
nutrition education for parents and
students about the relationship [of a
poor diet and inactivity to obesity and
other health problems] between diet,
activity, and health;
(ii) develop and implement physical
education programs that promote fitness
and lifelong activity;
(iii) provide training and technical
assistance to food service
professionals to develop more
appealing, nutritious menus and
recipes;
(iv) incorporate nutrition education
into physical education, health
education, other classroom education,
and after school programs, including
athletics;
(v) involve parents, nutrition
professionals, food service staff,
educators, community leaders, and other
interested parties in assessing the
food options in the school environment
and developing and implementing an
action plan to promote a balanced and
healthy diet;
(vi) provide nutrient content or
nutrition information on meals served
through the school lunch program
established 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 this Act and items sold a
la carte during meal times;
(vii) encourage the increased
consumption of a variety of healthy
foods, including fruits, vegetables,
whole grains, and low-fat dairy
products, through new initiatives to
creatively market healthful foods, such
as salad bars and fruit bars;
(viii) offer healthy food choices
outside program meals, including by
making low-fat and nutrient dense
options available in vending machines,
school stores, and other venues; [and]
(ix) provide nutrition education,
including sports nutrition education,
for teachers, coaches, food service
staff, athletic trainers, and school
nurses[.]; and
(x) conduct projects that--
(I) hire qualified food and
nutrition educators to carry
out programs in schools; and
(II) have the goal of
improving student health and
nutrition through such
programs.
[(6) Report.--Not later than 18 months after
completion of the projects and evaluations under this
subsection, the Secretary shall--
[(A) submit to the Committee on Education and
the Workforce of the House of Representatives
and the Committee on Health, Education, Labor,
and Pensions and the Committee on Agriculture,
Nutrition and Forestry of the Senate a report
describing the results of the evaluation under
this subsection; and
[(B) make the report available to the public,
including through the Internet.]
(i) Nutrition Education Support.--In carrying out the purpose
of this section to support nutrition education, the Secretary
may provide for technical assistance and grants to improve the
quality of school meals and access to local foods in schools
and institutions.
(j) Limitation.--Material prepared under this section
regarding agricultural commodities, food, or beverages, must be
factual and without bias.
[(k) Team Nutrition Network Independent Evaluation.--
[(1) In general.--Subject to the availability of
funds to carry out this subsection, the Secretary shall
offer to enter into an agreement with an independent,
nonpartisan, science-based research organization--
[(A) to conduct a comprehensive independent
evaluation of the effectiveness of the team
nutrition initiative and the team nutrition
network under this section; and
[(B) to identify best practices by schools
in--
[(i) improving student understanding
of healthful eating patterns;
[(ii) engaging students in regular
physical activity and improving
physical fitness;
[(iii) reducing diabetes and obesity
rates in school children;
[(iv) improving student nutrition
behaviors on the school campus,
including by increasing healthier meal
choices by students, as evidenced by
greater inclusion of fruits,
vegetables, whole grains, and lean
dairy and protein in meal and snack
selections;
[(v) providing training and technical
assistance for food service
professionals resulting in the
availability of healthy meals that
appeal to ethnic and cultural taste
preferences;
[(vi) linking meals programs to
nutrition education activities;
[(vii) successfully involving
parents, school administrators, the
private sector, public health agencies,
nonprofit organizations, and other
community partners;
[(viii) ensuring the adequacy of time
to eat during school meal periods; and
[(ix) successfully generating revenue
through the sale of food items, while
providing healthy options to students
through vending, student stores, and
other venues.
[(2) Report.--Not later than 3 years after funds are
made available to carry out this subsection, the
Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives, the
Committee on Health, Education, Labor, and Pensions and
the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report describing the findings of the
independent evaluation.]
[(l)] (k) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
* * * * * * *
SEC. 22. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.
(a) Short Title.--This section may be cited as the ``Bill
Emerson Good Samaritan Food Donation Act''.
(b) Definitions.--As used in this section:
(1) Apparently fit grocery product.--The term
``apparently fit grocery product'' means a grocery
product that meets all [quality and labeling] safety
and safety-related labeling standards imposed by
Federal, State, and local laws and regulations even
though the product may not be readily marketable due to
appearance, age, freshness, grade, size, surplus, being
past date label, or other conditions.
(2) Apparently wholesome food.--The term ``apparently
wholesome food'' means food that meets all [quality and
labeling] safety and safety-related labeling standards
imposed by Federal, State, and local laws and
regulations even though the food may not be readily
marketable due to appearance, age, freshness, grade,
size, surplus, being past date label, or other
conditions.
(3) Donate.--The term ``donate'' means to give
without requiring anything of monetary value from the
recipient, except that the term shall include giving by
a nonprofit organization to another nonprofit
organization, notwithstanding that the donor
organization has charged a nominal fee to the donee
organization, if the ultimate recipient or user is not
required to give anything of monetary value or is
charged a good Samaritan Reduced Price.
(4) 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.
[(4)] (5) Food.--The term ``food'' means any raw,
cooked, processed, or prepared edible substance, ice,
beverage, or ingredient used or intended for use in
whole or in part [for human] for--
(A) human consumption; or
(B) pet, emotional support animal, or service
animal consumption. consumption.
[(5)] (6) Gleaner.--The term ``gleaner'' means a
person who harvests for free distribution to the needy,
or for donation to a nonprofit organization for
ultimate distribution to the needy, an agricultural
crop that has been donated by the owner.
(7) 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 handling, administering, and distributing such
food or grocery product.
[(6)] (8) Grocery product.--The term ``grocery
product'' means a nonfood grocery product, including a
disposable paper or plastic product, household cleaning
product, pet supply, laundry detergent, cleaning
product, or miscellaneous household item.
[(7)] (9) Gross negligence.--The term ``gross
negligence'' means voluntary and conscious conduct
(including a failure to act) by a person who, at the
time of the conduct, knew that the conduct was likely
to be harmful to the health or well-being of another
person.
[(8)] (10) Intentional misconduct.--The term
``intentional misconduct'' means conduct by a person
with knowledge (at the time of the conduct) that the
conduct is harmful to the health or well-being of
another person.
[(9)] (11) Nonprofit organization.--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, or
operate in any other manner that inures to the
benefit of, any officer, employee, or
shareholder of the entity.
[(10)] (12) Person.--The term ``person'' means an
individual, corporation, partnership, organization,
association, or governmental entity, including a retail
grocer, wholesaler, hotel, motel, manufacturer,
restaurant, caterer, farmer, pet food supplier, school,
school food authority, and nonprofit food distributor
or hospital. In the case of a corporation, partnership,
organization, association, or governmental entity, the
term includes an officer, director, partner, deacon,
trustee, council member, or other elected or appointed
individual responsible for the governance of the
entity.
(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 property used for the caring of pets.
(15) Qualified direct donor.--The term ``qualified
direct donor'' means a retail 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).
(c) Liability for Damages From Donated Food and Grocery
Products.--
(1) Liability of person or gleaner.--A person or
gleaner shall not be subject to civil or criminal
liability arising from the nature, age, packaging, or
condition of apparently wholesome food or an apparently
fit grocery product that the person or gleaner donates
in good faith to a nonprofit organization or State or
unit of local government for ultimate distribution or
sale at a good Samaritan reduced price to needy
individuals.
(2) Liability of nonprofit organization.--A nonprofit
organization shall not be subject to civil or criminal
liability arising from the nature, age, packaging, or
condition of apparently wholesome food or an apparently
fit grocery product that the nonprofit organization
received as a donation in good faith from a person or
gleaner for ultimate distribution or sale at a good
Samaritan reduced price to needy individuals.
[(3)] (6) Exception.--[Paragraphs (1) and (2)]
Paragraphs (1), (2), (3), (4), and (5) shall not apply
to an injury to or death of an ultimate user or
recipient of the food or grocery product that results
from an act or omission of the person, gleaner,
qualified direct donor, State or local government, or
nonprofit organization, as applicable, constituting
gross negligence or intentional misconduct.
(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 grocery 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 distribution 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,
packaging, or condition of apparently wholesome food or
an apparently fit grocery product that the qualified
direct donor donates in good faith to needy
individuals.
(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) Collection or Gleaning of Donations.--A person who allows
the collection or gleaning of donations on property owned or
occupied by the person by gleaners, or paid or unpaid
representatives of a nonprofit organization, for ultimate
distribution to needy individuals shall not be subject to civil
or criminal liability that arises due to the injury or death of
the gleaner or representative, except that this paragraph shall
not apply to an injury or death that results from an act or
omission of the person constituting gross negligence or
intentional misconduct.
(e) Partial Compliance.--If some or all of the donated food
and grocery products do not meet all [quality and labeling]
safety and safety-related labeling standards imposed by
Federal, State, and local laws and regulations, the person or
gleaner who donates the food and grocery products shall not be
subject to civil or criminal liability in accordance with this
section if the nonprofit organization or State or unit of local
government that receives the donated food or grocery products--
(1) is informed by the donor of the distressed or
defective condition of the donated food or grocery
products;
(2) agrees to recondition the donated food or grocery
products to comply with all the [quality and labeling]
safety and safety-related labeling standards prior to
distribution; and
(3) is knowledgeable of the standards to properly
recondition the donated food or grocery product.
(f) Construction.--This section shall not be construed to
create any liability. Nothing in this section shall be
construed to supercede State or local health regulations.
* * * * * * *
----------
SOCIAL SECURITY ACT
TITLE XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
* * * * * * *
STATE PLANS FOR MEDICAL ASSISTANCE
Sec. 1902. (a) A State plan for medical assistance must--
(1) provide that it shall be in effect in all
political subdivisions of the State, and, if
administered by them, be mandatory upon them;
(2) provide for financial participation by the State
equal to not less than 40 per centum of the non-Federal
share of the expenditures under the plan with respect
to which payments under section 1903 are authorized by
this title; and, effective July 1, 1969, provide for
financial participation by the State equal to all of
such non-Federal share or provide for distribution of
funds from Federal or State sources, for carrying out
the State plan, on an equalization or other basis which
will assure that the lack of adequate funds from local
sources will not result in lowering the amount,
duration, scope, or quality of care and services
available under the plan;
(3) provide for granting an opportunity for a fair
hearing before the State agency to any individual whose
claim for medical assistance under the plan is denied
or is not acted upon with reasonable promptness;
(4) provide (A) such methods of administration
(including methods relating to the establishment and
maintenance of personnel standards on a merit basis,
except that the Secretary shall exercise no authority
with respect to the selection, tenure of office, and
compensation of any individual employed in accordance
with such methods, including provision for utilization
of professional medical personnel in the administration
and, where administered locally, supervision of
administration of the plan, and, subject to section
1903(i), including a specification that the single
State agency described in paragraph (5) will ensure
necessary transportation for beneficiaries under the
State plan to and from providers and a description of
the methods that such agency will use to ensure such
transportation) as are found by the Secretary to be
necessary for the proper and efficient operation of the
plan, (B) for the training and effective use of paid
subprofessional staff, with particular emphasis on the
full-time or part-time employment of recipients and
other persons of low income, as community service
aides, in the administration of the plan and for the
use of nonpaid or partially paid volunteers in a social
service volunteer program in providing services to
applicants and recipients and in assisting any advisory
committees established by the State agency, (C) that
each State or local officer, employee, or independent
contractor who is responsible for the expenditure of
substantial amounts of funds under the State plan, each
individual who formerly was such an officer, employee,
or contractor, and each partner of such an officer,
employee, or contractor shall be prohibited from
committing any act, in relation to any activity under
the plan, the commission of which, in connection with
any activity concerning the United States Government,
by an officer or employee of the United States
Government, an individual who was such an officer or
employee, or a partner of such an officer or employee
is prohibited by section 207 or 208 of title 18, United
States Code, and (D) that each State or local officer,
employee, or independent contractor who is responsible
for selecting, awarding, or otherwise obtaining items
and services under the State plan shall be subject to
safeguards against conflicts of interest that are at
least as stringent as the safeguards that apply under
section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423) to persons described in subsection
(a)(2) of such section of that Act;
(5) either provide for the establishment or
designation of a single State agency to administer or
to supervise the administration of the plan; or provide
for the establishment or designation of a single State
agency to administer or to supervise the administration
of the plan, except that the determination of
eligibility for medical assistance under the plan shall
be made by the State or local agency administering the
State plan approved under title I or XVI (insofar as it
relates to the aged) if the State is eligible to
participate in the State plan program established under
title XVI, or by the agency or agencies administering
the supplemental security income program established
under title XVI or the State plan approved under part A
of title IV if the State is not eligible to participate
in the State plan program established under title XVI;
(6) provide that the State agency will make such
reports, in such form and containing such information,
as the Secretary may from time to time require, and
comply with such provisions as the Secretary may from
time to time find necessary to assure the correctness
and verification of such reports;
(7) provide--
(A) safeguards which restrict the use or
disclosure of information concerning applicants
and recipients to purposes directly connected
with--
(i) the administration of the plan;
and
(ii) the exchange of information
necessary to certify or verify the
certification of eligibility of
children for free or reduced price
breakfasts under the Child Nutrition
Act of 1966 and free or reduced price
lunches under the Richard B. Russell
National School Lunch Act, in
accordance with section 9(b) of that
Act, using data standards and formats
established by the State agency; and
(B) that, notwithstanding the Express Lane
option under subsection (e)(13), the State may
enter into an agreement with the State agency
administering the school lunch program
established under the Richard B. Russell
National School Lunch Act under which the State
shall establish procedures to ensure that--
(i) a child receiving medical
assistance under the State plan under
this title whose family income does not
exceed 133 percent of the poverty line
(as defined in section 673(2) of the
Community Services Block Grant Act,
including any revision required by such
section), as determined without regard
to any expense, block, or other income
disregard, applicable to a family of
the size involved, may be certified as
eligible for free lunches under the
Richard B. Russell National School
Lunch Act and free breakfasts under the
Child Nutrition Act of 1966 without
further application; and
(ii) the State agencies responsible
for administering the State plan under
this title, and for carrying out the
school lunch program established under
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) or
the school breakfast program
established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773),
cooperate in carrying out paragraphs
(3)(F) and (15) of section 9(b) of that
Act;
(8) provide that all individuals wishing to make
application for medical assistance under the plan shall
have opportunity to do so, and that such assistance
shall be furnished with reasonable promptness to all
eligible individuals;
(9) provide--
(A) that the State health agency, or other
appropriate State medical agency (whichever is
utilized by the Secretary for the purpose
specified in the first sentence of section
1864(a)), shall be responsible for establishing
and maintaining health standards for private or
public institutions in which recipients of
medical assistance under the plan may receive
care or services,
(B) for the establishment or designation of a
State authority or authorities which shall be
responsible for establishing and maintaining
standards, other than those relating to health,
for such institutions,
(C) that any laboratory services paid for
under such plan must be provided by a
laboratory which meets the applicable
requirements of section 1861(e)(9) or
paragraphs (16) and (17) of section 1861(s),
or, in the case of a laboratory which is in a
rural health clinic, of section 1861(aa)(2)(G),
and
(D) that the State maintain a consumer-
oriented website providing useful information
to consumers regarding all skilled nursing
facilities and all nursing facilities in the
State, including for each facility, Form 2567
State inspection reports (or a successor form),
complaint investigation reports, the facility's
plan of correction, and such other information
that the State or the Secretary considers
useful in assisting the public to assess the
quality of long term care options and the
quality of care provided by individual
facilities;
(10) provide--
(A) for making medical assistance available,
including at least the care and services listed
in paragraphs (1) through (5), (17), (21),
(28), (29), and (30) of section 1905(a), to--
(i) all individuals--
(I) who are receiving aid or
assistance under any plan of
the State approved under title
I, X, XIV, or XVI, or part A or
part E of title IV (including
individuals eligible under this
title by reason of section
402(a)(37), 406(h), or 473(b),
or considered by the State to
be receiving such aid as
authorized under section
482(e)(6)),
(II)(aa) with respect to whom
supplemental security income
benefits are being paid under
title XVI (or were being paid
as of the date of the enactment
of section 211(a) of the
Personal Responsibility and
Work Opportunity Reconciliation
Act of 1996 (P.L. 104-193) and
would continue to be paid but
for the enactment of that
section), (bb) who are
qualified severely impaired
individuals (as defined in
section 1905(q)), or (cc) who
are under 21 years of age and
with respect to whom
supplemental security income
benefits would be paid under
title XVI if subparagraphs (A)
and (B) of section 1611(c)(7)
were applied without regard to
the phrase ``the first day of
the month following'',
(III) who are qualified
pregnant women or children as
defined in section 1905(n),
(IV) who are described in
subparagraph (A) or (B) of
subsection (l)(1) and whose
family income does not exceed
the minimum income level the
State is required to establish
under subsection (l)(2)(A) for
such a family;
(V) who are qualified family
members as defined in section
1905(m)(1),
(VI) who are described in
subparagraph (C) of subsection
(l)(1) and whose family income
does not exceed the income
level the State is required to
establish under subsection
(l)(2)(B) for such a family,
(VII) who are described in
subparagraph (D) of subsection
(l)(1) and whose family income
does not exceed the income
level the State is required to
establish under subsection
(l)(2)(C) for such a family;
(VIII) beginning January 1,
2014, who are under 65 years of
age, not pregnant, not entitled
to, or enrolled for, benefits
under part A of title XVIII, or
enrolled for benefits under
part B of title XVIII, and are
not described in a previous
subclause of this clause, and
whose income (as determined
under subsection (e)(14)) does
not exceed 133 percent of the
poverty line (as defined in
section 2110(c)(5)) applicable
to a family of the size
involved, subject to subsection
(k); or
(IX) who--
(aa) are under 26
years of age;
(bb) are not
described in or
enrolled under any of
subclauses (I) through
(VII) of this clause or
are described in any of
such subclauses but
have income that
exceeds the level of
income applicable under
the State plan for
eligibility to enroll
for medical assistance
under such subclause;
(cc) were in foster
care under the
responsibility of the
State on the date of
attaining 18 years of
age or such higher age
as the State has
elected under section
475(8)(B)(iii); and
(dd) were enrolled in
the State plan under
this title or under a
waiver of the plan
while in such foster
care;
=======================================================================
[Note: Section 1002(a)(1) of Public Law 115-271 provides for
amendments to section 1902(a)(10)(A)(i)(IX). Paragraph (2) of
such section provides: ``The amendments made by this subsection
shall take effect with respect to foster youth who attain 18
years of age on or after January 1, 2023.''. Upon such date,
section 1902(a)(10)(A)(i)(IX) (as so amended) reads as
follows:]
(IX) who--
(aa) are under 26
years of age;
(bb) are not
described in and are
not enrolled under any
of subclauses (I)
through (VII) of this
clause or are described
in any of such
subclauses but have
income that exceeds the
level of income
applicable under the
State plan for
eligibility to enroll
for medical assistance
under such subclause;
(cc) were in foster
care under the
responsibility of a
State on the date of
attaining 18 years of
age or such higher age
as the State has
elected under section
475(8)(B)(iii); and
(dd) were enrolled in
a State plan under this
title or under a waiver
of such a plan while in
such foster care;
=======================================================================
(ii) at the option of the State, to
any group or groups of individuals
described in section 1905(a) (or, in
the case of individuals described in
section 1905(a)(i), to any reasonable
categories of such individuals) who are
not individuals described in clause (i)
of this subparagraph but--
(I) who meet the income and
resources requirements of the
appropriate State plan
described in clause (i) or the
supplemental security income
program (as the case may be),
(II) who would meet the
income and resources
requirements of the appropriate
State plan described in clause
(i) if their work-related child
care costs were paid from their
earnings rather than by a State
agency as a service
expenditure,
(III) who would be eligible
to receive aid under the
appropriate State plan
described in clause (i) if
coverage under such plan was as
broad as allowed under Federal
law,
(IV) with respect to whom
there is being paid, or who are
eligible, or would be eligible
if they were not in a medical
institution, to have paid with
respect to them, aid or
assistance under the
appropriate State plan
described in clause (i),
supplemental security income
benefits under title XVI, or a
State supplementary payment;
(V) who are in a medical
institution for a period of not
less than 30 consecutive days
(with eligibility by reason of
this subclause beginning on the
first day of such period), who
meet the resource requirements
of the appropriate State plan
described in clause (i) or the
supplemental security income
program, and whose income does
not exceed a separate income
standard established by the
State which is consistent with
the limit established under
section 1903(f)(4)(C),
(VI) who would be eligible
under the State plan under this
title if they were in a medical
institution, with respect to
whom there has been a
determination that but for the
provision of home or community-
based services described in
subsection (c), (d), or (e) of
section 1915 they would require
the level of care provided in a
hospital, nursing facility or
intermediate care facility for
the mentally retarded the cost
of which could be reimbursed
under the State plan, and who
will receive home or community-
based services pursuant to a
waiver granted by the Secretary
under subsection (c), (d), or
(e) of section 1915,
(VII) who would be eligible
under the State plan under this
title if they were in a medical
institution, who are terminally
ill, and who will receive
hospice care pursuant to a
voluntary election described in
section 1905(o);
(VIII) who is a child
described in section
1905(a)(i)--
(aa) for whom there
is in effect an
adoption assistance
agreement (other than
an agreement under part
E of title IV) between
the State and an
adoptive parent or
parents,
(bb) who the State
agency responsible for
adoption assistance has
determined cannot be
placed with adoptive
parents without medical
assistance because such
child has special needs
for medical or
rehabilitative care,
and
(cc) who was eligible
for medical assistance
under the State plan
prior to the adoption
assistance agreement
being entered into, or
who would have been
eligible for medical
assistance at such time
if the eligibility
standards and
methodologies of the
State's foster care
program under part E of
title IV were applied
rather than the
eligibility standards
and methodologies of
the State's aid to
families with dependent
children program under
part A of title IV;
(IX) who are described in
subsection (l)(1) and are not
described in clause (i)(IV),
clause (i)(VI), or clause
(i)(VII);
(X) who are described in
subsection (m)(1);
(XI) who receive only an
optional State supplementary
payment based on need and paid
on a regular basis, equal to
the difference between the
individual's countable income
and the income standard used to
determine eligibility for such
supplementary payment (with
countable income being the
income remaining after
deductions as established by
the State pursuant to standards
that may be more restrictive
than the standards for
supplementary security income
benefits under title XVI),
which are available to all
individuals in the State (but
which may be based on different
income standards by political
subdivision according to cost
of living differences), and
which are paid by a State that
does not have an agreement with
the Commissioner of Social
Security under section 1616 or
1634;
(XII) who are described in
subsection (z)(1) (relating to
certain TB-infected
individuals);
(XIII) who are in families
whose income is less than 250
percent of the income official
poverty line (as defined by the
Office of Management and
Budget, and revised annually in
accordance with section 673(2)
of the Omnibus Budget
Reconciliation Act of 1981)
applicable to a family of the
size involved, and who but for
earnings in excess of the limit
established under section
1905(q)(2)(B), would be
considered to be receiving
supplemental security income
(subject, notwithstanding
section 1916, to payment of
premiums or other cost-sharing
charges (set on a sliding scale
based on income) that the State
may determine);
(XIV) who are optional
targeted low-income children
described in section
1905(u)(2)(B);
(XV) who, but for earnings in
excess of the limit established
under section 1905(q)(2)(B),
would be considered to be
receiving supplemental security
income, who is at least 16, but
less than 65, years of age, and
whose assets, resources, and
earned or unearned income (or
both) do not exceed such
limitations (if any) as the
State may establish;
(XVI) who are employed
individuals with a medically
improved disability described
in section 1905(v)(1) and whose
assets, resources, and earned
or unearned income (or both) do
not exceed such limitations (if
any) as the State may
establish, but only if the
State provides medical
assistance to individuals
described in subclause (XV);
(XVII) who are independent
foster care adolescents (as
defined in section 1905(w)(1)),
or who are within any
reasonable categories of such
adolescents specified by the
State;
(XVIII) who are described in
subsection (aa) (relating to
certain breast or cervical
cancer patients);
(XIX) who are disabled
children described in
subsection (cc)(1);
(XX) beginning January 1,
2014, who are under 65 years of
age and are not described in or
enrolled under a previous
subclause of this clause, and
whose income (as determined
under subsection (e)(14))
exceeds 133 percent of the
poverty line (as defined in
section 2110(c)(5)) applicable
to a family of the size
involved but does not exceed
the highest income eligibility
level established under the
State plan or under a waiver of
the plan, subject to subsection
(hh);
(XXI) who are described in
subsection (ii) (relating to
individuals who meet certain
income standards);
(XXII) who are eligible for
home and community-based
services under needs-based
criteria established under
paragraph (1)(A) of section
1915(i), or who are eligible
for home and community-based
services under paragraph (6) of
such section, and who will
receive home and community-
based services pursuant to a
State plan amendment under such
subsection; or
(XXIII) during any portion of
the emergency period defined in
paragraph (1)(B) of section
1135(g) beginning on or after
the date of the enactment of
this subclause, who are
uninsured individuals (as
defined in subsection (ss));
(B) that the medical assistance made
available to any individual described in
subparagraph (A)--
(i) shall not be less in amount,
duration, or scope than the medical
assistance made available to any other
such individual, and
(ii) shall not be less in amount,
duration, or scope than the medical
assistance made available to
individuals not described in
subparagraph (A);
(C) that if medical assistance is included
for any group of individuals described in
section 1905(a) who are not described in
subparagraph (A) or (E), then--
(i) the plan must include a
description of (I) the criteria for
determining eligibility of individuals
in the group for such medical
assistance, (II) the amount, duration,
and scope of medical assistance made
available to individuals in the group,
and (III) the single standard to be
employed in determining income and
resource eligibility for all such
groups, and the methodology to be
employed in determining such
eligibility, which shall be no more
restrictive than the methodology which
would be employed under the
supplemental security income program in
the case of groups consisting of aged,
blind, or disabled individuals in a
State in which such program is in
effect, and which shall be no more
restrictive than the methodology which
would be employed under the appropriate
State plan (described in subparagraph
(A)(i)) to which such group is most
closely categorically related in the
case of other groups;
(ii) the plan must make available
medical assistance--
(I) to individuals under the
age of 18 who (but for income
and resources) would be
eligible for medical assistance
as an individual described in
subparagraph (A)(i), and
(II) to pregnant women,
during the course of their
pregnancy, who (but for income
and resources) would be
eligible for medical assistance
as an individual described in
subparagraph (A);
(iii) such medical assistance must
include (I) with respect to children
under 18 and individuals entitled to
institutional services, ambulatory
services, and (II) with respect to
pregnant women, prenatal care and
delivery services; and
(iv) if such medical assistance
includes services in institutions for
mental diseases or in an intermediate
care facility for the mentally retarded
(or both) for any such group, it also
must include for all groups covered at
least the care and services listed in
paragraphs (1) through (5) and (17) of
section 1905(a) or the care and
services listed in any 7 of the
paragraphs numbered (1) through (24) of
such section;
(D) for the inclusion of home health services
for any individual who, under the State plan,
is entitled to nursing facility services;
(E)(i) for making medical assistance
available for medicare cost-sharing (as defined
in section 1905(p)(3)) for qualified medicare
beneficiaries described in section 1905(p)(1);
(ii) for making medical assistance available
for payment of medicare cost-sharing described
in section 1905(p)(3)(A)(i) for qualified
disabled and working individuals described in
section 1905(s);
(iii) for making medical assistance available
for medicare cost sharing described in section
1905(p)(3)(A)(ii) subject to section
1905(p)(4), for individuals who would be
qualified medicare beneficiaries described in
section 1905(p)(1) (including such individuals
enrolled under section 1836(b)) but for the
fact that their income exceeds the income level
established by the State under section
1905(p)(2) but is less than 110 percent in 1993
and 1994, and 120 percent in 1995 and years
thereafter of the official poverty line
(referred to in such section) for a family of
the size involved; and
(iv) subject to sections 1933 and 1905(p)(4),
for making medical assistance available for
medicare cost-sharing described in section
1905(p)(3)(A)(ii) for individuals who would be
qualified medicare beneficiaries described in
section 1905(p)(1) (including such individuals
enrolled under section 1836(b)) but for the
fact that their income exceeds the income level
established by the State under section
1905(p)(2) and is at least 120 percent, but
less than 135 percent, of the official poverty
line (referred to in such section) for a family
of the size involved and who are not otherwise
eligible for medical assistance under the State
plan;
(F) at the option of a State, for making
medical assistance available for COBRA premiums
(as defined in subsection (u)(2)) for qualified
COBRA continuation beneficiaries described in
section 1902(u)(1); and
(G) that, in applying eligibility criteria of
the supplemental security income program under
title XVI for purposes of determining
eligibility for medical assistance under the
State plan of an individual who is not
receiving supplemental security income, the
State will disregard the provisions of
subsections (c) and (e) of section 1613;
except that (I) the making available of the services
described in paragraph (4), (14), or (16) of section
1905(a) to individuals meeting the age requirements
prescribed therein shall not, by reason of this
paragraph (10), require the making available of any
such services, or the making available of such services
of the same amount, duration, and scope, to individuals
of any other ages, (II) the making available of
supplementary medical insurance benefits under part B
of title XVIII to individuals eligible therefor (either
pursuant to an agreement entered into under section
1843 or by reason of the payment of premiums under such
title by the State agency on behalf of such
individuals), or provision for meeting part or all of
the cost of deductibles, cost sharing, or similar
charges under part B of title XVIII for individuals
eligible for benefits under such part, shall not, by
reason of this paragraph (10), require the making
available of any such benefits, or the making available
of services of the same amount, duration, and scope, to
any other individuals, (III) the making available of
medical assistance equal in amount, duration, and scope
to the medical assistance made available to individuals
described in clause (A) to any classification of
individuals approved by the Secretary with respect to
whom there is being paid, or who are eligible, or would
be eligible if they were not in a medical institution,
to have paid with respect to them, a State
supplementary payment shall not, by reason of this
paragraph (10), require the making available of any
such assistance, or the making available of such
assistance of the same amount, duration, and scope, to
any other individuals not described in clause (A), (IV)
the imposition of a deductible, cost sharing, or
similar charge for any item or service furnished to an
individual not eligible for the exemption under section
1916(a)(2) or (b)(2) shall not require the imposition
of a deductible, cost sharing, or similar charge for
the same item or service furnished to an individual who
is eligible for such exemption, (V) the making
available to pregnant women covered under the plan of
services relating to pregnancy (including prenatal,
delivery, and postpartum services) or to any other
condition which may complicate pregnancy shall not, by
reason of this paragraph (10), require the making
available of such services, or the making available of
such services of the same amount, duration, and scope,
to any other individuals, provided such services are
made available (in the same amount, duration, and
scope) to all pregnant women covered under the State
plan, (VI) with respect to the making available of
medical assistance for hospice care to terminally ill
individuals who have made a voluntary election
described in section 1905(o) to receive hospice care
instead of medical assistance for certain other
services, such assistance may not be made available in
an amount, duration, or scope less than that provided
under title XVIII, and the making available of such
assistance shall not, by reason of this paragraph (10),
require the making available of medical assistance for
hospice care to other individuals or the making
available of medical assistance for services waived by
such terminally ill individuals, (VII) the medical
assistance made available to an individual described in
subsection (l)(1)(A) who is eligible for medical
assistance only because of subparagraph (A)(i)(IV) or
(A)(ii)(IX) shall be limited to medical assistance for
services related to pregnancy (including prenatal,
delivery, postpartum, and family planning services),
medical assistance for services related to other
conditions which may complicate pregnancy, and medical
assistance for vaccines described in section
1905(a)(4)(E) and the administration of such vaccines
during the period described in such section, (VIII) the
medical assistance made available to a qualified
medicare beneficiary described in section 1905(p)(1)
who is only entitled to medical assistance because the
individual is such a beneficiary shall be limited to
medical assistance for medicare cost-sharing (described
in section 1905(p)(3)), subject to the provisions of
subsection (n) and section 1916(b), (IX) the making
available of respiratory care services in accordance
with subsection (e)(9) shall not, by reason of this
paragraph (10), require the making available of such
services, or the making available of such services of
the same amount, duration, and scope, to any
individuals not included under subsection (e)(9)(A),
provided such services are made available (in the same
amount, duration, and scope) to all individuals
described in such subsection, (X) if the plan provides
for any fixed durational limit on medical assistance
for inpatient hospital services (whether or not such a
limit varies by medical condition or diagnosis), the
plan must establish exceptions to such a limit for
medically necessary inpatient hospital services
furnished with respect to individuals under one year of
age in a hospital defined under the State plan,
pursuant to section 1923(a)(1)(A), as a
disproportionate share hospital and subparagraph (B)
(relating to comparability) shall not be construed as
requiring such an exception for other individuals,
services, or hospitals, (XI) the making available of
medical assistance to cover the costs of premiums,
deductibles, coinsurance, and other cost-sharing
obligations for certain individuals for private health
coverage as described in section 1906 shall not, by
reason of paragraph (10), require the making available
of any such benefits or the making available of
services of the same amount, duration, and scope of
such private coverage to any other individuals, (XII)
the medical assistance made available to an individual
described in subsection (u)(1) who is eligible for
medical assistance only because of subparagraph (F)
shall be limited to medical assistance for COBRA
continuation premiums (as defined in subsection
(u)(2)), (XIII) the medical assistance made available
to an individual described in subsection (z)(1) who is
eligible for medical assistance only because of
subparagraph (A)(ii)(XII) shall be limited to medical
assistance for TB-related services (described in
subsection (z)(2)) and medical assistance for vaccines
described in section 1905(a)(4)(E) and the
administration of such vaccines during the period
described in such section, (XIV) the medical assistance
made available to an individual described in subsection
(aa) who is eligible for medical assistance only
because of subparagraph (A)(10)(ii)(XVIII) shall be
limited to medical assistance provided during the
period in which such an individual requires treatment
for breast or cervical cancer (XV) the medical
assistance made available to an individual described in
subparagraph (A)(i)(VIII) shall be limited to medical
assistance described in subsection (k)(1) and medical
assistance for vaccines described in section
1905(a)(4)(E) and the administration of such vaccines
during the period described in such section, (XVI) the
medical assistance made available to an individual
described in subsection (ii) shall be limited to family
planning services and supplies described in section
1905(a)(4)(C) including medical diagnosis and treatment
services that are provided pursuant to a family
planning service in a family planning setting and
medical assistance for vaccines described in section
1905(a)(4)(E) and the administration of such vaccines
during the period described in such section, (XVII) if
an individual is described in subclause (IX) of
subparagraph (A)(i) and is also described in subclause
(VIII) of that subparagraph, the medical assistance
shall be made available to the individual through
subclause (IX) instead of through subclause (VIII), and
(XVIII) the medical assistance made available to an
uninsured individual (as defined in subsection (ss))
who is eligible for medical assistance only because of
subparagraph (A)(ii)(XXIII) shall be limited to medical
assistance for any in vitro diagnostic product
described in section 1905(a)(3)(B) that is administered
during any portion of the period at the end of the
emergency sentence described in such section beginning
on or after the date of the enactment of this subclause
(and the administration of such product), any service
described in section 1916(a)(2)(G) that is furnished
during any such portion, any vaccine described in
section 1905(a)(4)(E) (and the administration of such
vaccine) that is furnished during any such portion, and
testing and treatments for COVID-19, including
specialized equipment and therapies (including
preventive therapies), and, in the case of an
individual who is diagnosed with or presumed to have
COVID-19, during the period such individual has (or is
presumed to have) COVID-19, the treatment of a
condition that may seriously complicate the treatment
of COVID-19, if otherwise covered under the State plan
(or waiver of such plan), and (XIX) medical assistance
shall be made available during the period described in
section 1905(a)(4)(E) for vaccines described in such
section and the administration of such vaccines, for
any individual who is eligible for and receiving
medical assistance under the State plan or under a
waiver of such plan (other than an individual who is
eligible for medical assistance consisting only of
payment of premiums pursuant to subparagraph (E) or (F)
or section 1933), notwithstanding any provision of this
title or waiver under section 1115 impacting such
individual's eligibility for medical assistance under
such plan or waiver to coverage for a limited type of
benefits and services that would not otherwise include
coverage of a COVID-19 vaccine and its administration;
(11)(A) provide for entering into cooperative
arrangements with the State agencies responsible for
administering or supervising the administration of
health services and vocational rehabilitation services
in the State looking toward maximum utilization of such
services in the provision of medical assistance under
the plan, (B) provide, to the extent prescribed by the
Secretary, for entering into agreements, with any
agency, institution, or organization receiving payments
under (or through an allotment under) title V, (i)
providing for utilizing such agency, institution, or
organization in furnishing care and services which are
available under such title or allotment and which are
included in the State plan approved under this section
(ii) making such provision as may be appropriate for
reimbursing such agency, institution, or organization
for the cost of any such care and services furnished
any individual for which payment would otherwise be
made to the State with respect to the individual under
section 1903, and (iii) providing for coordination of
information and education on pediatric vaccinations and
delivery of immunization services, and (C) provide for
coordination of the operations under this title,
including the provision of information and education on
pediatric vaccinations and the delivery of immunization
services, with the State's operations under the special
supplemental nutrition program for women, infants, and
children under section 17 of the Child Nutrition Act of
1966;
(12) provide that, in determining whether an
individual is blind, there shall be an examination by a
physician skilled in the diseases of the eye or by an
optometrist, whichever the individual may select;
(13) provide--
(A) for a public process for determination of
rates of payment under the plan for hospital
services, nursing facility services, and
services of intermediate care facilities for
the mentally retarded under which--
(i) proposed rates, the methodologies
underlying the establishment of such
rates, and justifications for the
proposed rates are published,
(ii) providers, beneficiaries and
their representatives, and other
concerned State residents are given a
reasonable opportunity for review and
comment on the proposed rates,
methodologies, and justifications,
(iii) final rates, the methodologies
underlying the establishment of such
rates, and justifications for such
final rates are published, and
(iv) in the case of hospitals, such
rates take into account (in a manner
consistent with section 1923) the
situation of hospitals which serve a
disproportionate number of low-income
patients with special needs;
(B) for payment for hospice care in amounts
no lower than the amounts, using the same
methodology, used under part A of title XVIII
and for payment of amounts under section
1905(o)(3); except that in the case of hospice
care which is furnished to an individual who is
a resident of a nursing facility or
intermediate care facility for the mentally
retarded, and who would be eligible under the
plan for nursing facility services or services
in an intermediate care facility for the
mentally retarded if he had not elected to
receive hospice care, there shall be paid an
additional amount, to take into account the
room and board furnished by the facility, equal
to at least 95 percent of the rate that would
have been paid by the State under the plan for
facility services in that facility for that
individual; and
(C) payment for primary care services (as
defined in subsection (jj)) furnished in 2013
and 2014 by a physician with a primary
specialty designation of family medicine,
general internal medicine, or pediatric
medicine at a rate not less than 100 percent of
the payment rate that applies to such services
and physician under part B of title XVIII (or,
if greater, the payment rate that would be
applicable under such part if the conversion
factor under section 1848(d) for the year
involved were the conversion factor under such
section for 2009);
(14) provide that enrollment fees, premiums, or
similar charges, and deductions, cost sharing, or
similar charges, may be imposed only as provided in
section 1916;
(15) provide for payment for services described in
clause (B) or (C) of section 1905(a)(2) under the plan
in accordance with subsection (bb);
(16) provide for inclusion, to the extent required by
regulations prescribed by the Secretary, of provisions
(conforming to such regulations) with respect to the
furnishing of medical assistance under the plan to
individuals who are residents of the State but are
absent therefrom;
(17) except as provided in subsections (e)(14),
(e)(15), (l)(3), (m)(3), and (m)(4), include reasonable
standards (which shall be comparable for all groups and
may, in accordance with standards prescribed by the
Secretary, differ with respect to income levels, but
only in the case of applicants or recipients of
assistance under the plan who are not receiving aid or
assistance under any plan of the State approved under
title I, X, XIV, or XVI, or part A of title IV, and
with respect to whom supplemental security income
benefits are not being paid under title XVI, based on
the variations between shelter costs in urban areas and
in rural areas) for determining eligibility for and the
extent of medical assistance under the plan which (A)
are consistent with the objectives of this title, (B)
provide for taking into account only such income and
resources as are, as determined in accordance with
standards prescribed by the Secretary, available to the
applicant or recipient and (in the case of any
applicant or recipient who would, except for income and
resources, be eligible for aid or assistance in the
form of money payments under any plan of the State
approved under title I, X, XIV, or XVI, or part A of
title IV, or to have paid with respect to him
supplemental security income benefits under title XVI)
as would not be disregarded (or set aside for future
needs) in determining his eligibility for such aid,
assistance, or benefits, (C) provide for reasonable
evaluation of any such income or resources, and (D) do
not take into account the financial responsibility of
any individual for any applicant or recipient of
assistance under the plan unless such applicant or
recipient is such individual's spouse or such
individual's child who is under age 21 or (with respect
to States eligible to participate in the State program
established under title XVI), is blind or permanently
and totally disabled, or is blind or disabled as
defined in section 1614 (with respect to States which
are not eligible to participate in such program); and
provide for flexibility in the application of such
standards with respect to income by taking into
account, except to the extent prescribed by the
Secretary, the costs (whether in the form of insurance
premiums, payments made to the State under section
1903(f)(2)(B), or otherwise and regardless of whether
such costs are reimbursed under another public program
of the State or political subdivision thereof) incurred
for medical care or for any other type of remedial care
recognized under State law;
(18) comply with the provisions of section 1917 with
respect to liens, adjustments and recoveries of medical
assistance correctly paid, transfers of assets, and
treatment of certain trusts;
(19) provide such safeguards as may be necessary to
assure that eligibility for care and services under the
plan will be determined, and such care and services
will be provided, in a manner consistent with
simplicity of administration and the best interests of
the recipients;
(20) if the State plan includes medical assistance in
behalf of individuals 65 years of age or older who are
patients in institutions for mental diseases--
(A) provide for having in effect such
agreements or other arrangements with State
authorities concerned with mental diseases,
and, where appropriate, with such institutions,
as may be necessary for carrying out the State
plan, including arrangements for joint planning
and for development of alternate methods of
care, arrangements providing assurance of
immediate readmittance to institutions where
needed for individuals under alternate plans of
care, and arrangements providing for access to
patients and facilities, for furnishing
information, and for making reports;
(B) provide for an individual plan for each
such patient to assure that the institutional
care provided to him is in his best interests,
including, to that end, assurances that there
will be initial and periodic review of his
medical and other needs, that he will be given
appropriate medical treatment within the
institution, and that there will be a periodic
determination of his need for continued
treatment in the institution; and
(C) provide for the development of alternate
plans of care, making maximum utilization of
available resources, for recipients 65 years of
age or older who would otherwise need care in
such institutions, including appropriate
medical treatment and other aid or assistance;
for services referred to in section
3(a)(4)(A)(i) and (ii) or section
1603(a)(4)(A)(i) and (ii) which are appropriate
for such recipients and for such patients; and
for methods of administration necessary to
assure that the responsibilities of the State
agency under the State plan with respect to
such recipients and such patients will be
effectively carried out;
(21) if the State plan includes medical assistance in
behalf of individuals 65 years of age or older who are
patients in public institutions for mental diseases,
show that the State is making satisfactory progress
toward developing and implementing a comprehensive
mental health program, including provision for
utilization of community mental health centers, nursing
facilities, and other alternatives to care in public
institutions for mental diseases;
(22) include descriptions of (A) the kinds and
numbers of professional medical personnel and
supporting staff that will be used in the
administration of the plan and of the responsibilities
they will have, (B) the standards, for private or
public institutions in which recipients of medical
assistance under the plan may receive care or services,
that will be utilized by the State authority or
authorities responsible for establishing and
maintaining such standards, (C) the cooperative
arrangements with State health agencies and State
vocational rehabilitation agencies entered into with a
view to maximum utilization of and coordination of the
provision of medical assistance with the services
administered or supervised by such agencies, and (D)
other standards and methods that the State will use to
assure that medical or remedial care and services
provided to recipients of medical assistance are of
high quality;
(23) provide that (A) any individual eligible for
medical assistance (including drugs) may obtain such
assistance from any institution, agency, community
pharmacy, or person, qualified to perform the service
or services required (including an organization which
provides such services, or arranges for their
availability, on a prepayment basis), who undertakes to
provide him such services, and (B) an enrollment of an
individual eligible for medical assistance in a primary
care case-management system (described in section
1915(b)(1)), a medicaid managed care organization, or a
similar entity shall not restrict the choice of the
qualified person from whom the individual may receive
services under section 1905(a)(4)(C), except as
provided in subsection (g) and in section 1915, except
that this paragraph shall not apply in the case of
Puerto Rico, the Virgin Islands, and Guam, and except
that nothing in this paragraph shall be construed as
requiring a State to provide medical assistance for
such services furnished by a person or entity convicted
of a felony under Federal or State law for an offense
which the State agency determines is inconsistent with
the best interests of beneficiaries under the State
plan or by a provider or supplier to which a moratorium
under subsection (kk)(4) is applied during the period
of such moratorium';
(24) effective July 1, 1969, provide for consultative
services by health agencies and other appropriate
agencies of the State to hospitals, nursing facilities,
home health agencies, clinics, laboratories, and such
other institutions as the Secretary may specify in
order to assist them (A) to qualify for payments under
this Act, (B) to establish and maintain such fiscal
records as may be necessary for the proper and
efficient administration of this Act, and (C) to
provide information needed to determine payments due
under this Act on account of care and services
furnished to individuals;
(25) provide--
(A) that the State or local agency
administering such plan will take all
reasonable measures to ascertain the legal
liability of third parties (including health
insurers, self-insured plans, group health
plans (as defined in section 607(1) of the
Employee Retirement Income Security Act of
1974), service benefit plans, managed care
organizations, pharmacy benefit managers, or
other parties that are, by statute, contract,
or agreement, legally responsible for payment
of a claim for a health care item or service)
to pay for care and services available under
the plan, including--
(i) the collection of sufficient
information (as specified by the
Secretary in regulations) to enable the
State to pursue claims against such
third parties, with such information
being collected at the time of any
determination or redetermination of
eligibility for medical assistance, and
(ii) the submission to the Secretary
of a plan (subject to approval by the
Secretary) for pursuing claims against
such third parties, which plan shall be
integrated with, and be monitored as a
part of the Secretary's review of, the
State's mechanized claims processing
and information retrieval systems
required under section 1903(r);
(B) that in any case where such a legal
liability is found to exist after medical
assistance has been made available on behalf of
the individual and where the amount of
reimbursement the State can reasonably expect
to recover exceeds the costs of such recovery,
the State or local agency will seek
reimbursement for such assistance to the extent
of such legal liability;
(C) that in the case of an individual who is
entitled to medical assistance under the State
plan with respect to a service for which a
third party is liable for payment, the person
furnishing the service may not seek to collect
from the individual (or any financially
responsible relative or representative of that
individual) payment of an amount for that
service (i) if the total of the amount of the
liabilities of third parties for that service
is at least equal to the amount payable for
that service under the plan (disregarding
section 1916), or (ii) in an amount which
exceeds the lesser of (I) the amount which may
be collected under section 1916, or (II) the
amount by which the amount payable for that
service under the plan (disregarding section
1916) exceeds the total of the amount of the
liabilities of third parties for that service;
(D) that a person who furnishes services and
is participating under the plan may not refuse
to furnish services to an individual (who is
entitled to have payment made under the plan
for the services the person furnishes) because
of a third party's potential liability for
payment for the service;
(E) that in the case of preventive pediatric
care (including early and periodic screening
and diagnosis services under section
1905(a)(4)(B)) covered under the State plan,
the State shall--
(i) make payment for such service in
accordance with the usual payment
schedule under such plan for such
services without regard to the
liability of a third party for payment
for such services; and
(i) make payment for such service in
accordance with the usual payment
schedule under such plan for such
services without regard to the
liability of a third party for payment
for such services, except that the
State may, if the State determines
doing so is cost-effective and will not
adversely affect access to care, only
make such payment if a third party so
liable has not made payment within 90
days after the date the provider of
such services has initially submitted a
claim to such third party for payment
for such services; and
(ii) seek reimbursement from such
third party in accordance with
subparagraph (B);
(F) that in the case of any services covered
under such plan which are provided to an
individual on whose behalf child support
enforcement is being carried out by the State
agency under part D of title IV of this Act,
the State shall--
(i) make payment for such service in
accordance with the usual payment
schedule under such plan for such
services without regard to any third-
party liability for payment for such
services, if such third-party liability
is derived (through insurance or
otherwise) from the parent whose
obligation to pay support is being
enforced by such agency, if payment has
not been made by such third party
within 30 days after such services are
furnished;
(i) make payment for such service in
accordance with the usual payment
schedule under such plan for such
services without regard to any third-
party liability for payment for such
services, if such third-party liability
is derived (through insurance or
otherwise) from the parent whose
obligation to pay support is being
enforced by such agency, if payment has
not been made by such third party
within 100 days after the date the
provider of such services has initially
submitted a claim to such third party
for payment for such services, except
that the State may make such payment
within 30 days after such date if the
State determines doing so is cost-
effective and necessary to ensure
access to care.;
(ii) seek reimbursement from such
third party in accordance with
subparagraph (B);
(G) that the State prohibits any health
insurer (including a group health plan, as
defined in section 607(1) of the Employee
Retirement Income Security Act of 1974, a self-
insured plan, a service benefit plan, a managed
care organization, a pharmacy benefit manager,
or other party that is, by statute, contract,
or agreement, legally responsible for payment
of a claim for a health care item or service),
in enrolling an individual or in making any
payments for benefits to the individual or on
the individual's behalf, from taking into
account that the individual is eligible for or
is provided medical assistance under a plan
under this title for such State, or any other
State;
(H) that to the extent that payment has been
made under the State plan for medical
assistance in any case where a third party has
a legal liability to make payment for such
assistance, the State has in effect laws under
which, to the extent that payment has been made
under the State plan for medical assistance for
health care items or services furnished to an
individual, the State is considered to have
acquired the rights of such individual to
payment by any other party for such health care
items or services; and
(I) that the State shall provide assurances
satisfactory to the Secretary that the State
has in effect laws requiring health insurers,
including self-insured plans, group health
plans (as defined in section 607(1) of the
Employee Retirement Income Security Act of
1974), service benefit plans, managed care
organizations, pharmacy benefit managers, or
other parties that are, by statute, contract,
or agreement, legally responsible for payment
of a claim for a health care item or service,
as a condition of doing business in the State,
to--
(i) provide, with respect to
individuals who are eligible (and, at
State option, individuals who apply or
whose eligibility for medical
assistance is being evaluated in
accordance with section 1902(e)(13)(D))
for, or are provided, medical
assistance under a State plan (or under
a waiver of the plan) under this title
and child health assistance under title
XXI, upon the request of the State,
information to determine during what
period the individual or their spouses
or their dependents may be (or may have
been) covered by a health insurer and
the nature of the coverage that is or
was provided by the health insurer
(including the name, address, and
identifying number of the plan) in a
manner prescribed by the Secretary;
(ii)(I) accept the State's right of
recovery and the assignment to the
State of any right of an individual or
other entity to payment from the party
for an item or service for which
payment has been made under the State
plan (or under a waiver of such plan);
and
(II) in the case of a responsible
third party (other than the original
medicare fee-for-service program under
parts A and B of title XVIII, a
Medicare Advantage plan offered by a
Medicare Advantage organization under
part C of such title, a reasonable cost
reimbursement plan under section 1876,
a health care prepayment plan under
section 1833, or a prescription drug
plan offered by a PDP sponsor under
part D of such title) that requires
prior authorization for an item or
service furnished to an individual
eligible to receive medical assistance
under this title, accept authorization
provided by the State that the item or
service is covered under the State plan
(or waiver of such plan) for such
individual, as if such authorization
were the prior authorization made by
the third party for such item or
service;
(iii) not later than 60 days after
receiving any inquiry by the State
regarding a claim for payment for any
health care item or service that is
submitted not later than 3 years after
the date of the provision of such
health care item or service, respond to
such inquiry; and
(iv) agree not to deny a claim
submitted by the State solely on the
basis of the date of submission of the
claim, the type or format of the claim
form, a failure to present proper
documentation at the point-of-sale that
is the basis of the claim, or in the
case of a responsible third party
(other than the original medicare fee-
for-service program under parts A and B
of title XVIII, a Medicare Advantage
plan offered by a Medicare Advantage
organization under part C of such
title, a reasonable cost reimbursement
plan under section 1876, a health care
prepayment plan under section 1833, or
a prescription drug plan offered by a
PDP sponsor under part D of such title)
a failure to obtain a prior
authorization for the item or service
for which the claim is being submitted,
if--
(I) the claim is submitted by
the State within the 3-year
period beginning on the date on
which the item or service was
furnished; and
(II) any action by the State
to enforce its rights with
respect to such claim is
commenced within 6 years of the
State's submission of such
claim;
(26) if the State plan includes medical assistance
for inpatient mental hospital services, provide, with
respect to each patient receiving such services, for a
regular program of medical review (including medical
evaluation) of his need for such services, and for a
written plan of care;
(27) provide for agreements with every person or
institution providing services under the State plan
under which such person or institution agrees (A) to
keep such records as are necessary fully to disclose
the extent of the services provided to individuals
receiving assistance under the State plan, and (B) to
furnish the State agency or the Secretary with such
information, regarding any payments claimed by such
person or institution for providing services under the
State plan, as the State agency or the Secretary may
from time to time request;
(28) provide--
(A) that any nursing facility receiving
payments under such plan must satisfy all the
requirements of subsections (b) through (d) of
section 1919 as they apply to such facilities;
(B) for including in ``nursing facility
services'' at least the items and services
specified (or deemed to be specified) by the
Secretary under section 1919(f)(7) and making
available upon request a description of the
items and services so included;
(C) for procedures to make available to the
public the data and methodology used in
establishing payment rates for nursing
facilities under this title; and
(D) for compliance (by the date specified in
the respective sections) with the requirements
of--
(i) section 1919(e);
(ii) section 1919(g) (relating to
responsibility for survey and
certification of nursing facilities);
and
(iii) sections 1919(h)(2)(B) and
1919(h)(2)(D) (relating to
establishment and application of
remedies);
(29) include a State program which meets the
requirements set forth in section 1908, for the
licensing of administrators of nursing homes;
(30)(A) provide such methods and procedures relating
to the utilization of, and the payment for, care and
services available under the plan (including but not
limited to utilization review plans as provided for in
section 1903(i)(4)) as may be necessary to safeguard
against unnecessary utilization of such care and
services and to assure that payments are consistent
with efficiency, economy, and quality of care and are
sufficient to enlist enough providers so that care and
services are available under the plan at least to the
extent that such care and services are available to the
general population in the geographic area; and
(B) provide, under the program described in
subparagraph (A), that--
(i) each admission to a hospital,
intermediate care facility for the mentally
retarded, or hospital for mental diseases is
reviewed or screened in accordance with
criteria established by medical and other
professional personnel who are not themselves
directly responsible for the care of the
patient involved, and who do not have a
significant financial interest in any such
institution and are not, except in the case of
a hospital, employed by the institution
providing the care involved, and
(ii) the information developed from such
review or screening, along with the data
obtained from prior reviews of the necessity
for admission and continued stay of patients by
such professional personnel, shall be used as
the basis for establishing the size and
composition of the sample of admissions to be
subject to review and evaluation by such
personnel, and any such sample may be of any
size up to 100 percent of all admissions and
must be of sufficient size to serve the purpose
of (I) identifying the patterns of care being
provided and the changes occurring over time in
such patterns so that the need for modification
may be ascertained, and (II) subjecting
admissions to early or more extensive review
where information indicates that such
consideration is warranted to a hospital,
intermediate care facility for the mentally
retarded, or hospital for mental diseases;
(31) with respect to services in an intermediate care
facility for the mentally retarded (where the State
plan includes medical assistance for such services)
provide, with respect to each patient receiving such
services, for a written plan of care, prior to
admission to or authorization of benefits in such
facility, in accordance with regulations of the
Secretary, and for a regular program of independent
professional review (including medical evaluation)
which shall periodically review his need for such
services;
(32) provide that no payment under the plan for any
care or service provided to an individual shall be made
to anyone other than such individual or the person or
institution providing such care or service, under an
assignment or power of attorney or otherwise; except
that--
(A) in the case of any care or service
provided by a physician, dentist, or other
individual practitioner, such payment may be
made (i) to the employer of such physician,
dentist, or other practitioner if such
physician, dentist, or practitioner is required
as a condition of his employment to turn over
his fee for such care or service to his
employer, or (ii) (where the care or service
was provided in a hospital, clinic, or other
facility) to the facility in which the care or
service was provided if there is a contractual
arrangement between such physician, dentist, or
practitioner and such facility under which such
facility submits the bill for such care or
service;
(B) nothing in this paragraph shall be
construed (i) to prevent the making of such a
payment in accordance with an assignment from
the person or institution providing the care or
service involved if such assignment is made to
a governmental agency or entity or is
established by or pursuant to the order of a
court of competent jurisdiction, or (ii) to
preclude an agent of such person or institution
from receiving any such payment if (but only
if) such agent does so pursuant to an agency
agreement under which the compensation to be
paid to the agent for his services for or in
connection with the billing or collection of
payments due such person or institution under
the plan is unrelated (directly or indirectly)
to the amount of such payments or the billings
therefor, and is not dependent upon the actual
collection of any such payment;
(C) in the case of services furnished (during
a period that does not exceed 14 continuous
days in the case of an informal reciprocal
arrangement or 90 continuous days (or such
longer period as the Secretary may provide) in
the case of an arrangement involving per diem
or other fee-for-time compensation) by, or
incident to the services of, one physician to
the patients of another physician who submits
the claim for such services, payment shall be
made to the physician submitting the claim (as
if the services were furnished by, or incident
to, the physician's services), but only if the
claim identifies (in a manner specified by the
Secretary) the physician who furnished the
services; and
(D) in the case of payment for a childhood
vaccine administered before October 1, 1994, to
individuals entitled to medical assistance
under the State plan, the State plan may make
payment directly to the manufacturer of the
vaccine under a voluntary replacement program
agreed to by the State pursuant to which the
manufacturer (i) supplies doses of the vaccine
to providers administering the vaccine, (ii)
periodically replaces the supply of the
vaccine, and (iii) charges the State the
manufacturer's price to the Centers for Disease
Control and Prevention for the vaccine so
administered (which price includes a reasonable
amount to cover shipping and the handling of
returns);
(33) provide--
(A) that the State health agency, or other
appropriate State medical agency, shall be
responsible for establishing a plan, consistent
with regulations prescribed by the Secretary,
for the review by appropriate professional
health personnel of the appropriateness and
quality of care and services furnished to
recipients of medical assistance under the plan
in order to provide guidance with respect
thereto in the administration of the plan to
the State agency established or designated
pursuant to paragraph (5) and, where
applicable, to the State agency described in
the second sentence of this subsection; and
(B) that, except as provided in section
1919(g), the State or local agency utilized by
the Secretary for the purpose specified in the
first sentence of section 1864(a), or, if such
agency is not the State agency which is
responsible for licensing health institutions,
the State agency responsible for such
licensing, will perform for the State agency
administering or supervising the administration
of the plan approved under this title the
function of determining whether institutions
and agencies meet the requirements for
participation in the program under such plan,
except that, if the Secretary has cause to
question the adequacy of such determinations,
the Secretary is authorized to validate State
determinations and, on that basis, make
independent and binding determinations
concerning the extent to which individual
institutions and agencies meet the requirements
for participation;
(34) provide that in the case of any individual who
has been determined to be eligible for medical
assistance under the plan, such assistance will be made
available to him for care and services included under
the plan and furnished in or after the third month
before the month in which he made application (or
application was made on his behalf in the case of a
deceased individual) for such assistance if such
individual was (or upon application would have been)
eligible for such assistance at the time such care and
services were furnished;
(35) provide that any disclosing entity (as defined
in section 1124(a)(2)) receiving payments under such
plan complies with the requirements of section 1124;
(36) provide that within 90 days following the
completion of each survey of any health care facility,
laboratory, agency, clinic, or organization, by the
appropriate State agency described in paragraph (9),
such agency shall (in accordance with regulations of
the Secretary) make public in readily available form
and place the pertinent findings of each such survey
relating to the compliance of each such health care
facility, laboratory, clinic, agency, or organization
with (A) the statutory conditions of participation
imposed under this title, and (B) the major additional
conditions which the Secretary finds necessary in the
interest of health and safety of individuals who are
furnished care or services by any such facility,
laboratory, clinic, agency, or organization;
(37) provide for claims payment procedures which (A)
ensure that 90 per centum of claims for payment (for
which no further written information or substantiation
is required in order to make payment) made for services
covered under the plan and furnished by health care
practitioners through individual or group practices or
through shared health facilities are paid within 30
days of the date of receipt of such claims and that 99
per centum of such claims are paid within 90 days of
the date of receipt of such claims, and (B) provide for
procedures of prepayment and postpayment claims review,
including review of appropriate data with respect to
the recipient and provider of a service and the nature
of the service for which payment is claimed, to ensure
the proper and efficient payment of claims and
management of the program;
(38) require that an entity (other than an individual
practitioner or a group of practitioners) that
furnishes, or arranges for the furnishing of, items or
services under the plan, shall supply (within such
period as may be specified in regulations by the
Secretary or by the single State agency which
administers or supervises the administration of the
plan) upon request specifically addressed to such
entity by the Secretary or such State agency, the
information described in section 1128(b)(9);
(39) provide that the State agency shall exclude any
specified individual or entity from participation in
the program under the State plan for the period
specified by the Secretary, when required by him to do
so pursuant to section 1128 or section 1128A, terminate
the participation of any individual or entity in such
program if (subject to such exceptions as are permitted
with respect to exclusion under sections 1128(c)(3)(B)
and 1128(d)(3)(B)) participation of such individual or
entity is terminated under title XVIII, any other State
plan under this title (or waiver of the plan), or any
State child health plan under title XXI (or waiver of
the plan) and such termination is included by the
Secretary in any database or similar system developed
pursuant to section 6401(b)(2) of the Patient
Protection and Affordable Care Act, and provide that no
payment may be made under the plan with respect to any
item or service furnished by such individual or entity
during such period;
(40) require each health services facility or
organization which receives payments under the plan and
of a type for which a uniform reporting system has been
established under section 1121(a) to make reports to
the Secretary of information described in such section
in accordance with the uniform reporting system
(established under such section) for that type of
facility or organization;
(41) provide, in accordance with subsection (kk)(8)
(as applicable), that whenever a provider of services
or any other person is terminated, suspended, or
otherwise sanctioned or prohibited from participating
under the State plan, the State agency shall promptly
notify the Secretary and, in the case of a physician
and notwithstanding paragraph (7), the State medical
licensing board of such action;
(42) provide that--
(A) the records of any entity participating
in the plan and providing services reimbursable
on a cost-related basis will be audited as the
Secretary determines to be necessary to insure
that proper payments are made under the plan;
and
(B) not later than December 31, 2010, the
State shall--
(i) establish a program under which
the State contracts (consistent with
State law and in the same manner as the
Secretary enters into contracts with
recovery audit contractors under
section 1893(h), subject to such
exceptions or requirements as the
Secretary may require for purposes of
this title or a particular State) with
1 or more recovery audit contractors
for the purpose of identifying
underpayments and overpayments and
recouping overpayments under the State
plan and under any waiver of the State
plan with respect to all services for
which payment is made to any entity
under such plan or waiver; and
(ii) provide assurances satisfactory
to the Secretary that--
(I) under such contracts,
payment shall be made to such a
contractor only from amounts
recovered;
(II) from such amounts
recovered, payment--
(aa) shall be made on
a contingent basis for
collecting
overpayments; and
(bb) may be made in
such amounts as the
State may specify for
identifying
underpayments;
(III) the State has an
adequate process for entities
to appeal any adverse
determination made by such
contractors; and
(IV) such program is carried
out in accordance with such
requirements as the Secretary
shall specify, including--
(aa) for purposes of
section 1903(a)(7),
that amounts expended
by the State to carry
out the program shall
be considered amounts
expended as necessary
for the proper and
efficient
administration of the
State plan or a waiver
of the plan;
(bb) that section
1903(d) shall apply to
amounts recovered under
the program; and
(cc) that the State
and any such
contractors under
contract with the State
shall coordinate such
recovery audit efforts
with other contractors
or entities performing
audits of entities
receiving payments
under the State plan or
waiver in the State,
including efforts with
Federal and State law
enforcement with
respect to the
Department of Justice,
including the Federal
Bureau of
Investigations, the
Inspector General of
the Department of
Health and Human
Services, and the State
medicaid fraud control
unit; and
(43) provide for--
(A) informing all persons in the State who
are under the age of 21 and who have been
determined to be eligible for medical
assistance including services described in
section 1905(a)(4)(B), of the availability of
early and periodic screening, diagnostic, and
treatment services as described in section
1905(r) and the need for age-appropriate
immunizations against vaccine-preventable
diseases,
(B) providing or arranging for the provision
of such screening services in all cases where
they are requested,
(C) arranging for (directly or through
referral to appropriate agencies,
organizations, or individuals) corrective
treatment the need for which is disclosed by
such child health screening services, and
(D) reporting to the Secretary (in a uniform
form and manner established by the Secretary,
by age group and by basis of eligibility for
medical assistance, and by not later than April
1 after the end of each fiscal year, beginning
with fiscal year 1990) the following
information relating to early and periodic
screening, diagnostic, and treatment services
provided under the plan during each fiscal
year:
(i) the number of children provided
child health screening services,
(ii) the number of children referred
for corrective treatment (the need for
which is disclosed by such child health
screening services),
(iii) the number of children
receiving dental services, and other
information relating to the provision
of dental services to such children
described in section 2108(e) and
(iv) the State's results in attaining
the participation goals set for the
State under section 1905(r);
(44) in each case for which payment for inpatient
hospital services, services in an intermediate care
facility for the mentally retarded, or inpatient mental
hospital services is made under the State plan--
(A) a physician (or, in the case of skilled
nursing facility services or intermediate care
facility services, a physician, or a nurse
practitioner or clinical nurse specialist who
is not an employee of the facility but is
working in collaboration with a physician)
certifies at the time of admission, or, if
later, the time the individual applies for
medical assistance under the State plan (and a
physician, a physician assistant under the
supervision of a physician, or, in the case of
skilled nursing facility services or
intermediate care facility services, a
physician, or a nurse practitioner or clinical
nurse specialist who is not an employee of the
facility but is working in collaboration with a
physician, recertifies, where such services are
furnished over a period of time, in such cases,
at least as often as required under section
1903(g)(6) (or, in the case of services that
are services provided in an intermediate care
facility for the mentally retarded, every
year), and accompanied by such supporting
material, appropriate to the case involved, as
may be provided in regulations of the
Secretary), that such services are or were
required to be given on an inpatient basis
because the individual needs or needed such
services, and
(B) such services were furnished under a plan
established and periodically reviewed and
evaluated by a physician, or, in the case of
skilled nursing facility services or
intermediate care facility services, a
physician, or a nurse practitioner or clinical
nurse specialist who is not an employee of the
facility but is working in collaboration with a
physician;
(45) provide for mandatory assignment of rights of
payment for medical support and other medical care owed
to recipients, in accordance with section 1912;
(46)(A) provide that information is requested and
exchanged for purposes of income and eligibility
verification in accordance with a State system which
meets the requirements of section 1137 of this Act; and
(B) provide, with respect to an individual declaring
to be a citizen or national of the United States for
purposes of establishing eligibility under this title,
that the State shall satisfy the requirements of--
(i) section 1903(x); or
(ii) subsection (ee);
(47) provide--
(A) at the option of the State, for making
ambulatory prenatal care available to pregnant
women during a presumptive eligibility period
in accordance with section 1920 and provide for
making medical assistance for items and
services described in subsection (a) of section
1920A available to children during a
presumptive eligibility period in accordance
with such section and provide for making
medical assistance available to individuals
described in subsection (a) of section 1920B
during a presumptive eligibility period in
accordance with such section and provide for
making medical assistance available to
individuals described in subsection (a) of
section 1920C during a presumptive eligibility
period in accordance with such section; and
(B) that any hospital that is a participating
provider under the State plan may elect to be a
qualified entity for purposes of determining,
on the basis of preliminary information,
whether any individual is eligible for medical
assistance under the State plan or under a
waiver of the plan for purposes of providing
the individual with medical assistance during a
presumptive eligibility period, in the same
manner, and subject to the same requirements,
as apply to the State options with respect to
populations described in section 1920, 1920A,
1920B, or 1920C (but without regard to whether
the State has elected to provide for a
presumptive eligibility period under any such
sections), subject to such guidance as the
Secretary shall establish;
(48) provide a method of making cards evidencing
eligibility for medical assistance available to an
eligible individual who does not reside in a permanent
dwelling or does not have a fixed home or mailing
address;
(49) provide that the State will provide information
and access to certain information respecting sanctions
taken against health care practitioners and providers
by State licensing authorities in accordance with
section 1921;
(50) provide, in accordance with subsection (q), for
a monthly personal needs allowance for certain
institutionalized individuals and couples;
(51) meet the requirements of section 1924 (relating
to protection of community spouses);
(52) meet the requirements of section 1925 (relating
to extension of eligibility for medical assistance);
(53) provide--
(A) for notifying in a timely manner all
individuals in the State who are determined to
be eligible for medical assistance and who are
pregnant women, breastfeeding or postpartum
women (as defined in section 17 of the Child
Nutrition Act of 1966), or children [below the
age of 5] (as defined in such section), of the
availability of benefits furnished by the
special supplemental nutrition program under
such section, and
(B) for referring any such individual to the
State agency responsible for administering such
program;
(54) in the case of a State plan that provides
medical assistance for covered outpatient drugs (as
defined in section 1927(k)), comply with the applicable
requirements of section 1927;
(55) provide for receipt and initial processing of
applications of individuals for medical assistance
under subsection (a)(10)(A)(i)(IV), (a)(10)(A)(i)(VI),
(a)(10)(A)(i)(VII), (a)(10)(A)(ii)(IX), or
(a)(10)(A)(ii)(XXIII)--
(A) at locations which are other than those
used for the receipt and processing of
applications for aid under part A of title IV
and which include facilities defined as
disproportionate share hospitals under section
1923(a)(1)(A) and Federally-qualified health
centers described in section 1905(1)(2)(B), and
(B) using applications which are other than
those used for applications for aid under such
part;
(56) provide, in accordance with subsection (s), for
adjusted payments for certain inpatient hospital
services;
(57) provide that each hospital, nursing facility,
provider of home health care or personal care services,
hospice program, or medicaid managed care organization
(as defined in section 1903(m)(1)(A)) receiving funds
under the plan shall comply with the requirements of
subsection (w);
(58) provide that the State, acting through a State
agency, association, or other private nonprofit entity,
develop a written description of the law of the State
(whether statutory or as recognized by the courts of
the State) concerning advance directives that would be
distributed by providers or organizations under the
requirements of subsection (w);
(59) maintain a list (updated not less often than
monthly, and containing each physician's unique
identifier provided under the system established under
subsection (x)) of all physicians who are certified to
participate under the State plan;
(60) provide that the State agency shall provide
assurances satisfactory to the Secretary that the State
has in effect the laws relating to medical child
support required under section 1908A;
(61) provide that the State must demonstrate that it
operates a medicaid fraud and abuse control unit
described in section 1903(q) that effectively carries
out the functions and requirements described in such
section, as determined in accordance with standards
established by the Secretary, unless the State
demonstrates to the satisfaction of the Secretary that
the effective operation of such a unit in the State
would not be cost-effective because minimal fraud
exists in connection with the provision of covered
services to eligible individuals under the State plan,
and that beneficiaries under the plan will be protected
from abuse and neglect in connection with the provision
of medical assistance under the plan without the
existence of such a unit;
(62) provide for a program for the distribution of
pediatric vaccines to program-registered providers for
the immunization of vaccine-eligible children in
accordance with section 1928;
(63) provide for administration and determinations of
eligibility with respect to individuals who are (or
seek to be) eligible for medical assistance based on
the application of section 1931;
(64) provide, not later than 1 year after the date of
the enactment of this paragraph, a mechanism to receive
reports from beneficiaries and others and compile data
concerning alleged instances of waste, fraud, and abuse
relating to the operation of this title;
(65) provide that the State shall issue provider
numbers for all suppliers of medical assistance
consisting of durable medical equipment, as defined in
section 1861(n), and the State shall not issue or renew
such a supplier number for any such supplier unless--
(A)(i) full and complete information as to
the identity of each person with an ownership
or control interest (as defined in section
1124(a)(3)) in the supplier or in any
subcontractor (as defined by the Secretary in
regulations) in which the supplier directly or
indirectly has a 5 percent or more ownership
interest; and
(ii) to the extent determined to be feasible
under regulations of the Secretary, the name of
any disclosing entity (as defined in section
1124(a)(2)) with respect to which a person with
such an ownership or control interest in the
supplier is a person with such an ownership or
control interest in the disclosing entity; and
(B) a surety bond in a form specified by the
Secretary under section 1834(a)(16)(B) and in
an amount that is not less than $50,000 or such
comparable surety bond as the Secretary may
permit under the second sentence of such
section;
(66) provide for making eligibility determinations
under section 1935(a);
(67) provide, with respect to services covered under
the State plan (but not under title XVIII) that are
furnished to a PACE program eligible individual
enrolled with a PACE provider by a provider
participating under the State plan that does not have a
contract or other agreement with the PACE provider that
establishes payment amounts for such services, that
such participating provider may not require the PACE
provider to pay the participating provider an amount
greater than the amount that would otherwise be payable
for the service to the participating provider under the
State plan for the State where the PACE provider is
located (in accordance with regulations issued by the
Secretary);
(68) provide that any entity that receives or makes
annual payments under the State plan of at least
$5,000,000, as a condition of receiving such payments,
shall--
(A) establish written policies for all
employees of the entity (including management),
and of any contractor or agent of the entity,
that provide detailed information about the
False Claims Act established under sections
3729 through 3733 of title 31, United States
Code, administrative remedies for false claims
and statements established under chapter 38 of
title 31, United States Code, any State laws
pertaining to civil or criminal penalties for
false claims and statements, and whistleblower
protections under such laws, with respect to
the role of such laws in preventing and
detecting fraud, waste, and abuse in Federal
health care programs (as defined in section
1128B(f));
(B) include as part of such written policies,
detailed provisions regarding the entity's
policies and procedures for detecting and
preventing fraud, waste, and abuse; and
(C) include in any employee handbook for the
entity, a specific discussion of the laws
described in subparagraph (A), the rights of
employees to be protected as whistleblowers,
and the entity's policies and procedures for
detecting and preventing fraud, waste, and
abuse;
(69) provide that the State must comply with any
requirements determined by the Secretary to be
necessary for carrying out the Medicaid Integrity
Program established under section 1936;
(70) at the option of the State and notwithstanding
paragraphs (1), (10)(B), and (23), provide for the
establishment of a non-emergency medical transportation
brokerage program in order to more cost-effectively
provide transportation for individuals eligible for
medical assistance under the State plan who need access
to medical care or services and have no other means of
transportation which--
(A) may include a wheelchair van, taxi,
stretcher car, bus passes and tickets, secured
transportation, and such other transportation
as the Secretary determines appropriate; and
(B) may be conducted under contract with a
broker who--
(i) is selected through a competitive
bidding process based on the State's
evaluation of the broker's experience,
performance, references, resources,
qualifications, and costs;
(ii) has oversight procedures to
monitor beneficiary access and
complaints and ensure that transport
personnel are licensed, qualified,
competent, and courteous;
(iii) is subject to regular auditing
and oversight by the State in order to
ensure the quality of the
transportation services provided and
the adequacy of beneficiary access to
medical care and services; and
(iv) complies with such requirements
related to prohibitions on referrals
and conflict of interest as the
Secretary shall establish (based on the
prohibitions on physician referrals
under section 1877 and such other
prohibitions and requirements as the
Secretary determines to be
appropriate);
(71) provide that the State will implement an asset
verification program as required under section 1940;
(72) provide that the State will not prevent a
Federally-qualified health center from entering into
contractual relationships with private practice dental
providers in the provision of Federally-qualified
health center services;
(73) in the case of any State in which 1 or more
Indian Health Programs or Urban Indian Organizations
furnishes health care services, provide for a process
under which the State seeks advice on a regular,
ongoing basis from designees of such Indian Health
Programs and Urban Indian Organizations on matters
relating to the application of this title that are
likely to have a direct effect on such Indian Health
Programs and Urban Indian Organizations and that--
(A) shall include solicitation of advice
prior to submission of any plan amendments,
waiver requests, and proposals for
demonstration projects likely to have a direct
effect on Indians, Indian Health Programs, or
Urban Indian Organizations; and
(B) may include appointment of an advisory
committee and of a designee of such Indian
Health Programs and Urban Indian Organizations
to the medical care advisory committee advising
the State on its State plan under this title;
(74) provide for maintenance of effort under the
State plan or under any waiver of the plan in
accordance with subsection (gg); and
(75) provide that, beginning January 2015, and
annually thereafter, the State shall submit a report to
the Secretary that contains--
(A) the total number of enrolled and newly
enrolled individuals in the State plan or under
a waiver of the plan for the fiscal year ending
on September 30 of the preceding calendar year,
disaggregated by population, including
children, parents, nonpregnant childless
adults, disabled individuals, elderly
individuals, and such other categories or sub-
categories of individuals eligible for medical
assistance under the State plan or under a
waiver of the plan as the Secretary may
require;
(B) a description, which may be specified by
population, of the outreach and enrollment
processes used by the State during such fiscal
year; and
(C) any other data reporting determined
necessary by the Secretary to monitor
enrollment and retention of individuals
eligible for medical assistance under the State
plan or under a waiver of the plan;
(76) provide that any data collected under the State
plan meets the requirements of section 3101 of the
Public Health Service Act;
(77) provide that the State shall comply with
provider and supplier screening, oversight, and
reporting requirements in accordance with subsection
(kk);
(78) provide that, not later than January 1, 2017, in
the case of a State that pursuant to its State plan or
waiver of the plan for medical assistance pays for
medical assistance on a fee-for-service basis, the
State shall require each provider furnishing items and
services to, or ordering, prescribing, referring, or
certifying eligibility for, services for individuals
eligible to receive medical assistance under such plan
to enroll with the State agency and provide to the
State agency the provider's identifying information,
including the name, specialty, date of birth, Social
Security number, national provider identifier (if
applicable), Federal taxpayer identification number,
and the State license or certification number of the
provider (if applicable);
(79) provide that any agent, clearinghouse, or other
alternate payee (as defined by the Secretary) that
submits claims on behalf of a health care provider must
register with the State and the Secretary in a form and
manner specified by the Secretary;
(80) provide that the State shall not provide any
payments for items or services provided under the State
plan or under a waiver to any financial institution or
entity located outside of the United States;
(81) provide for implementation of the payment models
specified by the Secretary under section 1115A(c) for
implementation on a nationwide basis unless the State
demonstrates to the satisfaction of the Secretary that
implementation would not be administratively feasible
or appropriate to the health care delivery system of
the State;
(82) provide that the State agency responsible for
administering the State plan under this title provides
assurances to the Secretary that the State agency is in
compliance with subparagraphs (A), (B), and (C) of
section 1128K(b)(2);
(83) provide that, not later than January 1, 2017, in
the case of a State plan (or waiver of the plan) that
provides medical assistance on a fee-for-service basis
or through a primary care case-management system
described in section 1915(b)(1) (other than a primary
care case management entity (as defined by the
Secretary)), the State shall publish (and update on at
least an annual basis) on the public website of the
State agency administering the State plan, a directory
of the physicians described in subsection (mm) and, at
State option, other providers described in such
subsection that--
(A) includes--
(i) with respect to each such
physician or provider--
(I) the name of the physician
or provider;
(II) the specialty of the
physician or provider;
(III) the address at which
the physician or provider
provides services; and
(IV) the telephone number of
the physician or provider; and
(ii) with respect to any such
physician or provider participating in
such a primary care case-management
system, information regarding--
(I) whether the physician or
provider is accepting as new
patients individuals who
receive medical assistance
under this title; and
(II) the physician's or
provider's cultural and
linguistic capabilities,
including the languages spoken
by the physician or provider or
by the skilled medical
interpreter providing
interpretation services at the
physician's or provider's
office; and
(B) may include, at State option, with
respect to each such physician or provider--
(i) the Internet website of such
physician or provider; or
(ii) whether the physician or
provider is accepting as new patients
individuals who receive medical
assistance under this title;
(84) provide that--
(A) the State shall not terminate eligibility
for medical assistance under the State plan for
an individual who is an eligible juvenile (as
defined in subsection (nn)(2)) because the
juvenile is an inmate of a public institution
(as defined in subsection (nn)(3)), but may
suspend coverage during the period the juvenile
is such an inmate;
(B) in the case of an individual who is an
eligible juvenile described in paragraph (2)(A)
of subsection (nn), the State shall, prior to
the individual's release from such a public
institution, conduct a redetermination of
eligibility for such individual with respect to
such medical assistance (without requiring a
new application from the individual) and, if
the State determines pursuant to such
redetermination that the individual continues
to meet the eligibility requirements for such
medical assistance, the State shall restore
coverage for such medical assistance to such an
individual upon the individual's release from
such public institution; and
(C) in the case of an individual who is an
eligible juvenile described in paragraph (2)(B)
of subsection (nn), the State shall process any
application for medical assistance submitted
by, or on behalf of, such individual such that
the State makes a determination of eligibility
for such individual with respect to such
medical assistance upon release of such
individual from such public institution;
(85) provide that the State is in compliance with the
drug review and utilization requirements under
subsection (oo)(1);
(86) provide, at the option of the State, for making
medical assistance available on an inpatient or
outpatient basis at a residential pediatric recovery
center (as defined in subsection (pp)) to infants with
neonatal abstinence syndrome; and
(87) provide for a mechanism, which may include
attestation, that ensures that, with respect to any
provider (including a transportation network company)
or individual driver of nonemergency transportation to
medically necessary services receiving payments under
such plan (but excluding any public transit authority),
at a minimum--
(A) each such provider and individual driver
is not excluded from participation in any
Federal health care program (as defined in
section 1128B(f)) and is not listed on the
exclusion list of the Inspector General of the
Department of Health and Human Services;
(B) each such individual driver has a valid
driver's license;
(C) each such provider has in place a process
to address any violation of a State drug law;
and
(D) each such provider has in place a process
to disclose to the State Medicaid program the
driving history, including any traffic
violations, of each such individual driver
employed by such provider, including any
traffic violations.
Notwithstanding paragraph (5), if on January 1, 1965, and on
the date on which a State submits its plan for approval under
this title, the State agency which administered or supervised
the administration of the plan of such State approved under
title X (or title XVI, insofar as it relates to the blind) was
different from the State agency which administered or
supervised the administration of the State plan approved under
title I (or title XVI, insofar as it relates to the aged), the
State agency which administered or supervised the
administration of such plan approved under title X (or title
XVI, insofar as it relates to the blind) may be designated to
administer or supervise the administration of the portion of
the State plan for medical assistance which relates to blind
individuals and a different State agency may be established or
designated to administer or supervise the administration of the
rest of the State plan for medical assistance; and in such case
the part of the plan which each such agency administers, or the
administration of which each such agency supervises, shall be
regarded as a separate plan for purposes of this title (except
for purposes of paragraph (10)). The provisions of paragraphs
(9)(A), (31), and (33) and of section 1903(i)(4) shall not
apply to a religious nonmedical health care institution (as
defined in section 1861(ss)(1)).
For purposes of paragraph (10) any individual who, for the
month of August 1972, was eligible for or receiving aid or
assistance under a State plan approved under title I, X, XIV,
or XVI, or part A of title IV and who for such month was
entitled to monthly insurance benefits under title II shall for
purposes of this title only be deemed to be eligible for
financial aid or assistance for any month thereafter if such
individual would have been eligible for financial aid or
assistance for such month had the increase in monthly insurance
benefits under title II resulting from enactment of Public Law
92-336 not been applicable to such individual.
The requirement of clause (A) of paragraph (37) with respect to
a State plan may be waived by the Secretary if he finds that
the State has exercised good faith in trying to meet such
requirement. For purposes of this title, any child who meets
the requirements of paragraph (1) or (2) of section 473(b)
shall be deemed to be a dependent child as defined in section
406 and shall be deemed to be a recipient of aid to families
with dependent children under part A of title IV in the State
where such child resides. Notwithstanding paragraph (10)(B) or
any other provision of this subsection, a State plan shall
provide medical assistance with respect to an alien who is not
lawfully admitted for permanent residence or otherwise
permanently residing in the United States under color of law
only in accordance with section 1903(v).
(b) The Secretary shall approve any plan which fulfills the
conditions specified in subsection (a) of this section, except
that he shall not approve any plan which imposes, as a
condition of eligibility for medical assistance under the
plan--
(1) an age requirement of more than 65 years; or
(2) any residence requirement which excludes any
individual who resides in the State, regardless of
whether or not the residence is maintained permanently
or at a fixed address; or
(3) any citizenship requirement which excludes any
citizen of the United States.
(c) Notwithstanding subsection (b), the Secretary shall not
approve any State plan for medical assistance if the State
requires individuals described in subsection (l)(1) to apply
for assistance under the State program funded under part A of
title IV as a condition of applying for or receiving medical
assistance under this title.
(d) If a State contracts with an entity which meets the
requirements of section 1152, as determined by the Secretary,
or a utilization and quality control peer review organization
having a contract with the Secretary under part B of title XI
for the performance of medical or utilization review functions
(including quality review functions described in subsection
(a)(30)(C)) required under this title of a State plan with
respect to specific services or providers (or services or
providers in a geographic area of the State), such requirements
shall be deemed to be met for those services or providers (or
services or providers in that area) by delegation to such an
entity or organization under the contract of the State's
authority to conduct such review activities if the contract
provides for the performance of activities not inconsistent
with part B of title XI and provides for such assurances of
satisfactory performance by such an entity or organization as
the Secretary may prescribe.
(e)(1) Beginning April 1, 1990, for provisions relating to
the extension of eligibility for medical assistance for certain
families who have received aid pursuant to a State plan
approved under part A of title IV and have earned income, see
section 1925.
(2)(A) In the case of an individual who is enrolled with a
medicaid managed care organization (as defined in section
1903(m)(1)(A)), with a primary care case manager (as defined in
section 1905(t)), or with an eligible organization with a
contract under section 1876 and who would (but for this
paragraph) lose eligibility for benefits under this title
before the end of the minimum enrollment period (defined in
subparagraph (B)), the State plan may provide, notwithstanding
any other provision of this title, that the individual shall be
deemed to continue to be eligible for such benefits until the
end of such minimum period, but, except for benefits furnished
under section 1905(a)(4)(C), only with respect to such benefits
provided to the individual as an enrollee of such organization
or entity or by or through the case manager.
(B) For purposes of subparagraph (A), the term ``minimum
enrollment period'' means, with respect to an individual's
enrollment with an organization or entity under a State plan, a
period, established by the State, of not more than six months
beginning on the date the individual's enrollment with the
organization or entity becomes effective.
(3) At the option of the State, any individual who--
(A) is 18 years of age or younger and qualifies as a
disabled individual under section 1614(a);
(B) with respect to whom there has been a
determination by the State that--
(i) the individual requires a level of care
provided in a hospital, nursing facility, or
intermediate care facility for the mentally
retarded,
(ii) it is appropriate to provide such care
for the individual outside such an institution,
and
(iii) the estimated amount which would be
expended for medical assistance for the
individual for such care outside an institution
is not greater than the estimated amount which
would otherwise be expended for medical
assistance for the individual within an
appropriate institution; and
(C) if the individual were in a medical institution,
would be eligible for medical assistance under the
State plan under this title,
shall be deemed, for purposes of this title only, to be
an individual with respect to whom a supplemental
security income payment, or State supplemental payment,
respectively, is being paid under title XVI.
(4) A child born to a woman eligible for and receiving
medical assistance under a State plan on the date of the
child's birth shall be deemed to have applied for medical
assistance and to have been found eligible for such assistance
under such plan on the date of such birth and to remain
eligible for such assistance for a period of one year. During
the period in which a child is deemed under the preceding
sentence to be eligible for medical assistance, the medical
assistance eligibility identification number of the mother
shall also serve as the identification number of the child, and
all claims shall be submitted and paid under such number
(unless the State issues a separate identification number for
the child before such period expires). Notwithstanding the
preceding sentence, in the case of a child who is born in the
United States to an alien mother for whom medical assistance
for the delivery of the child is made available pursuant to
section 1903(v), the State immediately shall issue a separate
identification number for the child upon notification by the
facility at which such delivery occurred of the child's birth.
(5) A woman who, while pregnant, is eligible for, has applied
for, and has received medical assistance under the State plan,
shall continue to be eligible under the plan, as though she
were pregnant, for all pregnancy-related and postpartum medical
assistance under the plan, through the end of the month in
which the 60-day period (beginning on the last day of her
pregnancy) ends.
(6) In the case of a pregnant woman described in subsection
(a)(10) who, because of a change in income of the family of
which she is a member, would not otherwise continue to be
described in such subsection, the woman shall be deemed to
continue to be an individual described in subsection
(a)(10)(A)(i)(IV) and subsection (l)(1)(A) without regard to
such change of income through the end of the month in which the
60-day period (beginning on the last day of her pregnancy)
ends. The preceding sentence shall not apply in the case of a
woman who has been provided ambulatory prenatal care pursuant
to section 1920 during a presumptive eligibility period and is
then, in accordance with such section, determined to be
ineligible for medical assistance under the State plan.
(7) In the case of an infant or child described in
subparagraph (B), (C), or (D) of subsection (l)(1) or paragraph
(2) of section 1905(n)--
(A) who is receiving inpatient services for which
medical assistance is provided on the date the infant
or child attains the maximum age with respect to which
coverage is provided under the State plan for such
individuals, and
(B) who, but for attaining such age, would remain
eligible for medical assistance under such subsection,
the infant or child shall continue to be treated as an
individual described in such respective provision until the end
of the stay for which the inpatient services are furnished.
(8) If an individual is determined to be a qualified medicare
beneficiary (as defined in section 1905(p)(1)), such
determination shall apply to services furnished after the end
of the month in which the determination first occurs. For
purposes of payment to a State under section 1903(a), such
determination shall be considered to be valid for an individual
for a period of 12 months, except that a State may provide for
such determinations more frequently, but not more frequently
than once every 6 months for an individual.
(9)(A) At the option of the State, the plan may include as
medical assistance respiratory care services for any individual
who--
(i) is medically dependent on a ventilator for life
support at least six hours per day;
(ii) has been so dependent for at least 30
consecutive days (or the maximum number of days
authorized under the State plan, whichever is less) as
an inpatient;
(iii) but for the availability of respiratory care
services, would require respiratory care as an
inpatient in a hospital, nursing facility, or
intermediate care facility for the mentally retarded
and would be eligible to have payment made for such
inpatient care under the State plan;
(iv) has adequate social support services to be cared
for at home; and
(v) wishes to be cared for at home.
(B) The requirements of subparagraph (A)(ii) may be satisfied
by a continuous stay in one or more hospitals, nursing
facilities, or intermediate care facilities for the mentally
retarded.
(C) For purposes of this paragraph, respiratory care services
means services provided on a part-time basis in the home of the
individual by a respiratory therapist or other health care
professional trained in respiratory therapy (as determined by
the State), payment for which is not otherwise included within
other items and services furnished to such individual as
medical assistance under the plan.
(10)(A) The fact that an individual, child, or pregnant woman
may be denied aid under part A of title IV pursuant to section
402(a)(43) shall not be construed as denying (or permitting a
State to deny) medical assistance under this title to such
individual, child, or woman who is eligible for assistance
under this title on a basis other than the receipt of aid under
such part.
(B) If an individual, child, or pregnant woman is receiving
aid under part A of title IV and such aid is terminated
pursuant to section 402(a)(43), the State may not discontinue
medical assistance under this title for the individual, child,
or woman until the State has determined that the individual,
child, or woman is not eligible for assistance under this title
on a basis other than the receipt of aid under such part.
(11)(A) In the case of an individual who is enrolled with a
group health plan under section 1906 and who would (but for
this paragraph) lose eligibility for benefits under this title
before the end of the minimum enrollment period (defined in
subparagraph (B)), the State plan may provide, notwithstanding
any other provision of this title, that the individual shall be
deemed to continue to be eligible for such benefits until the
end of such minimum period, but only with respect to such
benefits provided to the individual as an enrollee of such
plan.
(B) For purposes of subparagraph (A), the term ``minimum
enrollment period'' means, with respect to an individual's
enrollment with a group health plan, a period established by
the State, of not more than 6 months beginning on the date the
individual's enrollment under the plan becomes effective.
(12) At the option of the State, the plan may provide that an
individual who is under an age specified by the State (not to
exceed 19 years of age) and who is determined to be eligible
for benefits under a State plan approved under this title under
subsection (a)(10)(A) shall remain eligible for those benefits
until the earlier of--
(A) the end of a period (not to exceed 12 months)
following the determination; or
(B) the time that the individual exceeds that age.
(13) Express Lane Option.--
(A) In general.--
(i) Option to use a finding from an express
lane agency.--At the option of the State, the
State plan may provide that in determining
eligibility under this title for a child (as
defined in subparagraph (G)), the State may
rely on a finding made within a reasonable
period (as determined by the State) from an
Express Lane agency (as defined in subparagraph
(F)) when it determines whether a child
satisfies one or more components of eligibility
for medical assistance under this title. The
State may rely on a finding from an Express
Lane agency notwithstanding sections
1902(a)(46)(B) and 1137(d) or any differences
in budget unit, disregard, deeming or other
methodology, if the following requirements are
met:
(I) Prohibition on determining
children ineligible for coverage.--If a
finding from an Express Lane agency
would result in a determination that a
child does not satisfy an eligibility
requirement for medical assistance
under this title and for child health
assistance under title XXI, the State
shall determine eligibility for
assistance using its regular
procedures.
(II) Notice requirement.--For any
child who is found eligible for medical
assistance under the State plan under
this title or child health assistance
under title XXI and who is subject to
premiums based on an Express Lane
agency's finding of such child's income
level, the State shall provide notice
that the child may qualify for lower
premium payments if evaluated by the
State using its regular policies and of
the procedures for requesting such an
evaluation.
(III) Compliance with screen and
enroll requirement.--The State shall
satisfy the requirements under
subparagraphs (A) and (B) of section
2102(b)(3) (relating to screen and
enroll) before enrolling a child in
child health assistance under title
XXI. At its option, the State may
fulfill such requirements in accordance
with either option provided under
subparagraph (C) of this paragraph.
(IV) Verification of citizenship or
nationality status.--The State shall
satisfy the requirements of section
1902(a)(46)(B) or 2105(c)(9), as
applicable for verifications of
citizenship or nationality status.
(V) Coding.--The State meets the
requirements of subparagraph (E).
(ii) Option to apply to renewals and
redeterminations.--The State may apply the
provisions of this paragraph when conducting
initial determinations of eligibility,
redeterminations of eligibility, or both, as
described in the State plan.
(B) Rules of construction.--Nothing in this paragraph
shall be construed--
(i) to limit or prohibit a State from taking
any actions otherwise permitted under this
title or title XXI in determining eligibility
for or enrolling children into medical
assistance under this title or child health
assistance under title XXI; or
(ii) to modify the limitations in section
1902(a)(5) concerning the agencies that may
make a determination of eligibility for medical
assistance under this title.
(C) Options for satisfying the screen and enroll
requirement.--
(i) In general.--With respect to a child
whose eligibility for medical assistance under
this title or for child health assistance under
title XXI has been evaluated by a State agency
using an income finding from an Express Lane
agency, a State may carry out its duties under
subparagraphs (A) and (B) of section 2102(b)(3)
(relating to screen and enroll) in accordance
with either clause (ii) or clause (iii).
(ii) Establishing a screening threshold.--
(I) In general.--Under this clause,
the State establishes a screening
threshold set as a percentage of the
Federal poverty level that exceeds the
highest income threshold applicable
under this title to the child by a
minimum of 30 percentage points or, at
State option, a higher number of
percentage points that reflects the
value (as determined by the State and
described in the State plan) of any
differences between income
methodologies used by the program
administered by the Express Lane agency
and the methodologies used by the State
in determining eligibility for medical
assistance under this title.
(II) Children with income not above
threshold.--If the income of a child
does not exceed the screening
threshold, the child is deemed to
satisfy the income eligibility criteria
for medical assistance under this title
regardless of whether such child would
otherwise satisfy such criteria.
(III) Children with income above
threshold.--If the income of a child
exceeds the screening threshold, the
child shall be considered to have an
income above the Medicaid applicable
income level described in section
2110(b)(4) and to satisfy the
requirement under section 2110(b)(1)(C)
(relating to the requirement that CHIP
matching funds be used only for
children not eligible for Medicaid). If
such a child is enrolled in child
health assistance under title XXI, the
State shall provide the parent,
guardian, or custodial relative with
the following:
(aa) Notice that the child
may be eligible to receive
medical assistance under the
State plan under this title if
evaluated for such assistance
under the State's regular
procedures and notice of the
process through which a parent,
guardian, or custodial relative
can request that the State
evaluate the child's
eligibility for medical
assistance under this title
using such regular procedures.
(bb) A description of
differences between the medical
assistance provided under this
title and child health
assistance under title XXI,
including differences in cost-
sharing requirements and
covered benefits.
(iii) Temporary enrollment in chip pending
screen and enroll.--
(I) In general.--Under this clause, a
State enrolls a child in child health
assistance under title XXI for a
temporary period if the child appears
eligible for such assistance based on
an income finding by an Express Lane
agency.
(II) Determination of eligibility.--
During such temporary enrollment
period, the State shall determine the
child's eligibility for child health
assistance under title XXI or for
medical assistance under this title in
accordance with this clause.
(III) Prompt follow up.--In making
such a determination, the State shall
take prompt action to determine whether
the child should be enrolled in medical
assistance under this title or child
health assistance under title XXI
pursuant to subparagraphs (A) and (B)
of section 2102(b)(3) (relating to
screen and enroll).
(IV) Requirement for simplified
determination.--In making such a
determination, the State shall use
procedures that, to the maximum
feasible extent, reduce the burden
imposed on the individual of such
determination. Such procedures may not
require the child's parent, guardian,
or custodial relative to provide or
verify information that already has
been provided to the State agency by an
Express Lane agency or another source
of information unless the State agency
has reason to believe the information
is erroneous.
(V) Availability of chip matching
funds during temporary enrollment
period.--Medical assistance for items
and services that are provided to a
child enrolled in title XXI during a
temporary enrollment period under this
clause shall be treated as child health
assistance under such title.
(D) Option for automatic enrollment.--
(i) In general.--The State may initiate and
determine eligibility for medical assistance
under the State Medicaid plan or for child
health assistance under the State CHIP plan
without a program application from, or on
behalf of, the child based on data obtained
from sources other than the child (or the
child's family), but a child can only be
automatically enrolled in the State Medicaid
plan or the State CHIP plan if the child or the
family affirmatively consents to being enrolled
through affirmation in writing, by telephone,
orally, through electronic signature, or
through any other means specified by the
Secretary or by signature on an Express Lane
agency application, if the requirement of
clause (ii) is met.
(ii) Information requirement.--The
requirement of this clause is that the State
informs the parent, guardian, or custodial
relative of the child of the services that will
be covered, appropriate methods for using such
services, premium or other cost sharing charges
(if any) that apply, medical support
obligations (under section 1912(a)) created by
enrollment (if applicable), and the actions the
parent, guardian, or relative must take to
maintain enrollment and renew coverage.
(E) Coding; application to enrollment error rates.--
(i) In general.--For purposes of subparagraph
(A)(iv), the requirement of this subparagraph
for a State is that the State agrees to--
(I) assign such codes as the
Secretary shall require to the children
who are enrolled in the State Medicaid
plan or the State CHIP plan through
reliance on a finding made by an
Express Lane agency for the duration of
the State's election under this
paragraph;
(II) annually provide the Secretary
with a statistically valid sample (that
is approved by Secretary) of the
children enrolled in such plans through
reliance on such a finding by
conducting a full Medicaid eligibility
review of the children identified for
such sample for purposes of determining
an eligibility error rate (as described
in clause (iv)) with respect to the
enrollment of such children (and shall
not include such children in any data
or samples used for purposes of
complying with a Medicaid Eligibility
Quality Control (MEQC) review or a
payment error rate measurement (PERM)
requirement);
(III) submit the error rate
determined under subclause (II) to the
Secretary;
(IV) if such error rate exceeds 3
percent for either of the first 2
fiscal years in which the State elects
to apply this paragraph, demonstrate to
the satisfaction of the Secretary the
specific corrective actions implemented
by the State to improve upon such error
rate; and
(V) if such error rate exceeds 3
percent for any fiscal year in which
the State elects to apply this
paragraph, a reduction in the amount
otherwise payable to the State under
section 1903(a) for quarters for that
fiscal year, equal to the total amount
of erroneous excess payments determined
for the fiscal year only with respect
to the children included in the sample
for the fiscal year that are in excess
of a 3 percent error rate with respect
to such children.
(ii) No punitive action based on error
rate.--The Secretary shall not apply the error
rate derived from the sample under clause (i)
to the entire population of children enrolled
in the State Medicaid plan or the State CHIP
plan through reliance on a finding made by an
Express Lane agency, or to the population of
children enrolled in such plans on the basis of
the State's regular procedures for determining
eligibility, or penalize the State on the basis
of such error rate in any manner other than the
reduction of payments provided for under clause
(i)(V).
(iii) Rule of construction.--Nothing in this
paragraph shall be construed as relieving a
State that elects to apply this paragraph from
being subject to a penalty under section
1903(u), for payments made under the State
Medicaid plan with respect to ineligible
individuals and families that are determined to
exceed the error rate permitted under that
section (as determined without regard to the
error rate determined under clause (i)(II)).
(iv) Error rate defined.--In this
subparagraph, the term ``error rate'' means the
rate of erroneous excess payments for medical
assistance (as defined in section
1903(u)(1)(D)) for the period involved, except
that such payments shall be limited to
individuals for which eligibility
determinations are made under this paragraph
and except that in applying this paragraph
under title XXI, there shall be substituted for
references to provisions of this title
corresponding provisions within title XXI.
(F) Express lane agency.--
(i) In general.--In this paragraph, the term
``Express Lane agency'' means a public agency
that--
(I) is determined by the State
Medicaid agency or the State CHIP
agency (as applicable) to be capable of
making the determinations of one or
more eligibility requirements described
in subparagraph (A)(i);
(II) is identified in the State
Medicaid plan or the State CHIP plan;
and
(III) notifies the child's family--
(aa) of the information which
shall be disclosed in
accordance with this paragraph;
(bb) that the information
disclosed will be used solely
for purposes of determining
eligibility for medical
assistance under the State
Medicaid plan or for child
health assistance under the
State CHIP plan; and
(cc) that the family may
elect to not have the
information disclosed for such
purposes; and
(IV) enters into, or is subject to,
an interagency agreement to limit the
disclosure and use of the information
disclosed.
(ii) Inclusion of specific public agencies
and indian tribes and tribal organizations.--
Such term includes the following:
(I) A public agency that determines
eligibility for assistance under any of
the following:
(aa) The temporary assistance
for needy families program
funded under part A of title
IV.
(bb) A State program funded
under part D of title IV.
(cc) The State Medicaid plan.
(dd) The State CHIP plan.
(ee) The Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et
seq.).
(ff) The Head Start Act (42
U.S.C. 9801 et seq.).
(gg) The Richard B. Russell
National School Lunch Act (42
U.S.C. 1751 et seq.).
(hh) The Child Nutrition Act
of 1966 (42 U.S.C. 1771 et
seq.).
(ii) The Child Care and
Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.).
(jj) The Stewart B. McKinney
Homeless Assistance Act (42
U.S.C. 11301 et seq.).
(kk) The United States
Housing Act of 1937 (42 U.S.C.
1437 et seq.).
(ll) The Native American
Housing Assistance and Self-
Determination Act of 1996 (25
U.S.C. 4101 et seq.).
(II) A State-specified governmental
agency that has fiscal liability or
legal responsibility for the accuracy
of the eligibility determination
findings relied on by the State.
(III) A public agency that is subject
to an interagency agreement limiting
the disclosure and use of the
information disclosed for purposes of
determining eligibility under the State
Medicaid plan or the State CHIP plan.
(IV) The Indian Health Service, an
Indian Tribe, Tribal Organization, or
Urban Indian Organization (as defined
in section 1139(c)).
(iii) Exclusions.--Such term does not include
an agency that determines eligibility for a
program established under the Social Services
Block Grant established under title XX or a
private, for-profit organization.
(iv) Rules of construction.--Nothing in this
paragraph shall be construed as--
(I) exempting a State Medicaid agency
from complying with the requirements of
section 1902(a)(4) relating to merit-
based personnel standards for employees
of the State Medicaid agency and
safeguards against conflicts of
interest); or
(II) authorizing a State Medicaid
agency that elects to use Express Lane
agencies under this subparagraph to use
the Express Lane option to avoid
complying with such requirements for
purposes of making eligibility
determinations under the State Medicaid
plan.
(v) Additional definitions.--In this
paragraph:
(I) State.--The term ``State'' means
1 of the 50 States or the District of
Columbia.
(II) State chip agency.--The term
``State CHIP agency'' means the State
agency responsible for administering
the State CHIP plan.
(III) State chip plan.--The term
``State CHIP plan'' means the State
child health plan established under
title XXI and includes any waiver of
such plan.
(IV) State medicaid agency.--The term
``State Medicaid agency'' means the
State agency responsible for
administering the State Medicaid plan.
(V) State medicaid plan.--The term
``State Medicaid plan'' means the State
plan established under title XIX and
includes any waiver of such plan.
(G) Child defined.--For purposes of this paragraph,
the term ``child'' means an individual under 19 years
of age, or, at the option of a State, such higher age,
not to exceed 21 years of age, as the State may elect.
(H) State option to rely on state income tax data or
return.--At the option of the State, a finding from an
Express Lane agency may include gross income or
adjusted gross income shown by State income tax records
or returns.
(I) Application.--This paragraph shall not apply with
respect to eligibility determinations made after
September 30, 2027.
(14) Income determined using modified adjusted gross
income.--
(A) In general.--Notwithstanding subsection
(r) or any other provision of this title,
except as provided in subparagraph (D), for
purposes of determining income eligibility for
medical assistance under the State plan or
under any waiver of such plan and for any other
purpose applicable under the plan or waiver for
which a determination of income is required,
including with respect to the imposition of
premiums and cost-sharing, a State shall use
the modified adjusted gross income of an
individual and, in the case of an individual in
a family greater than 1, the household income
of such family. A State shall establish income
eligibility thresholds for populations to be
eligible for medical assistance under the State
plan or a waiver of the plan using modified
adjusted gross income and household income that
are not less than the effective income
eligibility levels that applied under the State
plan or waiver on the date of enactment of the
Patient Protection and Affordable Care Act. For
purposes of complying with the maintenance of
effort requirements under subsection (gg)
during the transition to modified adjusted
gross income and household income, a State
shall, working with the Secretary, establish an
equivalent income test that ensures individuals
eligible for medical assistance under the State
plan or under a waiver of the plan on the date
of enactment of the Patient Protection and
Affordable Care Act, do not lose coverage under
the State plan or under a waiver of the plan.
The Secretary may waive such provisions of this
title and title XXI as are necessary to ensure
that States establish income and eligibility
determination systems that protect
beneficiaries.
(B) No income or expense disregards.--Subject
to subparagraph (I), no type of expense, block,
or other income disregard shall be applied by a
State to determine income eligibility for
medical assistance under the State plan or
under any waiver of such plan or for any other
purpose applicable under the plan or waiver for
which a determination of income is required.
(C) No assets test.--A State shall not apply
any assets or resources test for purposes of
determining eligibility for medical assistance
under the State plan or under a waiver of the
plan.
(D) Exceptions.--
(i) Individuals eligible because of
other aid or assistance, elderly
individuals, medically needy
individuals, and individuals eligible
for medicare cost-sharing.--
Subparagraphs (A), (B), and (C) shall
not apply to the determination of
eligibility under the State plan or
under a waiver for medical assistance
for the following:
(I) Individuals who are
eligible for medical assistance
under the State plan or under a
waiver of the plan on a basis
that does not require a
determination of income by the
State agency administering the
State plan or waiver, including
as a result of eligibility for,
or receipt of, other Federal or
State aid or assistance,
individuals who are eligible on
the basis of receiving (or
being treated as if receiving)
supplemental security income
benefits under title XVI, and
individuals who are eligible as
a result of being or being
deemed to be a child in foster
care under the responsibility
of the State.
(II) Individuals who have
attained age 65.
(III) Individuals who qualify
for medical assistance under
the State plan or under any
waiver of such plan on the
basis of being blind or
disabled (or being treated as
being blind or disabled)
without regard to whether the
individual is eligible for
supplemental security income
benefits under title XVI on the
basis of being blind or
disabled and including an
individual who is eligible for
medical assistance on the basis
of section 1902(e)(3).
(IV) Individuals described in
subsection (a)(10)(C).
(V) Individuals described in
any clause of subsection
(a)(10)(E).
(ii) Express lane agency findings.--
In the case of a State that elects the
Express Lane option under paragraph
(13), notwithstanding subparagraphs
(A), (B), and (C), the State may rely
on a finding made by an Express Lane
agency in accordance with that
paragraph relating to the income of an
individual for purposes of determining
the individual's eligibility for
medical assistance under the State plan
or under a waiver of the plan.
(iii) Medicare prescription drug
subsidies determinations.--
Subparagraphs (A), (B), and (C) shall
not apply to any determinations of
eligibility for premium and cost-
sharing subsidies under and in
accordance with section 1860D-14 made
by the State pursuant to section
1935(a)(2).
(iv) Long-term care.--Subparagraphs
(A), (B), and (C) shall not apply to
any determinations of eligibility of
individuals for purposes of medical
assistance for nursing facility
services, a level of care in any
institution equivalent to that of
nursing facility services, home or
community-based services furnished
under a waiver or State plan amendment
under section 1915 or a waiver under
section 1115, and services described in
section 1917(c)(1)(C)(ii).
(v) Grandfather of current enrollees
until date of next regular
redetermination.--An individual who, on
January 1, 2014, is enrolled in the
State plan or under a waiver of the
plan and who would be determined
ineligible for medical assistance
solely because of the application of
the modified adjusted gross income or
household income standard described in
subparagraph (A), shall remain eligible
for medical assistance under the State
plan or waiver (and subject to the same
premiums and cost-sharing as applied to
the individual on that date) through
March 31, 2014, or the date on which
the individual's next regularly
scheduled redetermination of
eligibility is to occur, whichever is
later.
(E) Transition planning and oversight.--Each
State shall submit to the Secretary for the
Secretary's approval the income eligibility
thresholds proposed to be established using
modified adjusted gross income and household
income, the methodologies and procedures to be
used to determine income eligibility using
modified adjusted gross income and household
income and, if applicable, a State plan
amendment establishing an optional eligibility
category under subsection (a)(10)(A)(ii)(XX).
To the extent practicable, the State shall use
the same methodologies and procedures for
purposes of making such determinations as the
State used on the date of enactment of the
Patient Protection and Affordable Care Act. The
Secretary shall ensure that the income
eligibility thresholds proposed to be
established using modified adjusted gross
income and household income, including under
the eligibility category established under
subsection (a)(10)(A)(ii)(XX), and the
methodologies and procedures proposed to be
used to determine income eligibility, will not
result in children who would have been eligible
for medical assistance under the State plan or
under a waiver of the plan on the date of
enactment of the Patient Protection and
Affordable Care Act no longer being eligible
for such assistance.
(F) Limitation on secretarial authority.--The
Secretary shall not waive compliance with the
requirements of this paragraph except to the
extent necessary to permit a State to
coordinate eligibility requirements for dual
eligible individuals (as defined in section
1915(h)(2)(B)) under the State plan or under a
waiver of the plan and under title XVIII and
individuals who require the level of care
provided in a hospital, a nursing facility, or
an intermediate care facility for the mentally
retarded.
(G) Definitions of modified adjusted gross
income and household income.--In this
paragraph, the terms ``modified adjusted gross
income'' and ``household income'' have the
meanings given such terms in section 36B(d)(2)
of the Internal Revenue Code of 1986.
(H) Continued application of medicaid rules
regarding point-in-time income and sources of
income.--The requirement under this paragraph
for States to use modified adjusted gross
income and household income to determine income
eligibility for medical assistance under the
State plan or under any waiver of such plan and
for any other purpose applicable under the plan
or waiver for which a determination of income
is required shall not be construed as affecting
or limiting the application of--
(i) the requirement under this title
and under the State plan or a waiver of
the plan to determine an individual's
income as of the point in time at which
an application for medical assistance
under the State plan or a waiver of the
plan is processed; or
(ii) any rules established under this
title or under the State plan or a
waiver of the plan regarding sources of
countable income.
(I) Treatment of portion of modified adjusted
gross income.--For purposes of determining the
income eligibility of an individual for medical
assistance whose eligibility is determined
based on the application of modified adjusted
gross income under subparagraph (A), the State
shall--
(i) determine the dollar equivalent
of the difference between the upper
income limit on eligibility for such an
individual (expressed as a percentage
of the poverty line) and such upper
income limit increased by 5 percentage
points; and
(ii) notwithstanding the requirement
in subparagraph (A) with respect to use
of modified adjusted gross income,
utilize as the applicable income of
such individual, in determining such
income eligibility, an amount equal to
the modified adjusted gross income
applicable to such individual reduced
by such dollar equivalent amount.
(J) Exclusion of parent mentor compensation
from income determination.--Any nominal amount
received by an individual as compensation,
including a stipend, for participation as a
parent mentor (as defined in paragraph (5) of
section 2113(f)) in an activity or program
funded through a grant under such section shall
be disregarded for purposes of determining the
income eligibility of such individual for
medical assistance under the State plan or any
waiver of such plan.
(K) Treatment of certain lottery winnings and
income received as a lump sum.--
(i) In general.--In the case of an
individual who is the recipient of
qualified lottery winnings (pursuant to
lotteries occurring on or after January
1, 2018) or qualified lump sum income
(received on or after such date) and
whose eligibility for medical
assistance is determined based on the
application of modified adjusted gross
income under subparagraph (A), a State
shall, in determining such eligibility,
include such winnings or income (as
applicable) as income received--
(I) in the month in which
such winnings or income (as
applicable) is received if the
amount of such winnings or
income is less than $80,000;
(II) over a period of 2
months if the amount of such
winnings or income (as
applicable) is greater than or
equal to $80,000 but less than
$90,000;
(III) over a period of 3
months if the amount of such
winnings or income (as
applicable) is greater than or
equal to $90,000 but less than
$100,000; and
(IV) over a period of 3
months plus 1 additional month
for each increment of $10,000
of such winnings or income (as
applicable) received, not to
exceed a period of 120 months
(for winnings or income of
$1,260,000 or more), if the
amount of such winnings or
income is greater than or equal
to $100,000.
(ii) Counting in equal
installments.--For purposes of
subclauses (II), (III), and (IV) of
clause (i), winnings or income to which
such subclause applies shall be counted
in equal monthly installments over the
period of months specified under such
subclause.
(iii) Hardship exemption.--An
individual whose income, by application
of clause (i), exceeds the applicable
eligibility threshold established by
the State, shall continue to be
eligible for medical assistance to the
extent that the State determines, under
procedures established by the State (in
accordance with standards specified by
the Secretary), that the denial of
eligibility of the individual would
cause an undue medical or financial
hardship as determined on the basis of
criteria established by the Secretary.
(iv) Notifications and assistance
required in case of loss of
eligibility.--A State shall, with
respect to an individual who loses
eligibility for medical assistance
under the State plan (or a waiver of
such plan) by reason of clause (i)--
(I) before the date on which
the individual loses such
eligibility, inform the
individual--
(aa) of the
individual's
opportunity to enroll
in a qualified health
plan offered through an
Exchange established
under title I of the
Patient Protection and
Affordable Care Act
during the special
enrollment period
specified in section
9801(f)(3) of the
Internal Revenue Code
of 1986 (relating to
loss of Medicaid or
CHIP coverage); and
(bb) of the date on
which the individual
would no longer be
considered ineligible
by reason of clause (i)
to receive medical
assistance under the
State plan or under any
waiver of such plan and
be eligible to reapply
to receive such medical
assistance; and
(II) provide technical
assistance to the individual
seeking to enroll in such a
qualified health plan.
(v) Qualified lottery winnings
defined.--In this subparagraph, the
term ``qualified lottery winnings''
means winnings from a sweepstakes,
lottery, or pool described in paragraph
(3) of section 4402 of the Internal
Revenue Code of 1986 or a lottery
operated by a multistate or
multijurisdictional lottery
association, including amounts awarded
as a lump sum payment.
(vi) Qualified lump sum income
defined.--In this subparagraph, the
term ``qualified lump sum income''
means income that is received as a lump
sum from monetary winnings from
gambling (as defined by the Secretary
and including gambling activities
described in section 1955(b)(4) of
title 18, United States Code).
(15) Exclusion of compensation for participation in a
clinical trial for testing of treatments for a rare
disease or condition.--The first $2,000 received by an
individual (who has attained 19 years of age) as
compensation for participation in a clinical trial
meeting the requirements of section 1612(b)(26) shall
be disregarded for purposes of determining the income
eligibility of such individual for medical assistance
under the State plan or any waiver of such plan.
(16) Extending certain coverage for pregnant and
postpartum women.--
(A) In general.--At the option of the State,
the State plan (or waiver of such State plan)
may provide, that an individual who, while
pregnant, is eligible for and has received
medical assistance under the State plan
approved under this title (or a waiver of such
plan) (including during a period of retroactive
eligibility under subsection (a)(34)) shall, in
addition to remaining eligible under paragraph
(5) for all pregnancy-related and postpartum
medical assistance available under the State
plan (or waiver) through the last day of the
month in which the 60-day period (beginning on
the last day of her pregnancy) ends, remain
eligible under the State plan (or waiver) for
medical assistance for the period beginning on
the first day occurring after the end of such
60-day period and ending on the last day of the
month in which the 12-month period (beginning
on the last day of her pregnancy) ends.
(B) Full benefits during pregnancy and
throughout the 12-month postpartum period.--The
medical assistance provided for a pregnant or
postpartum individual by a State making an
election under this paragraph, without regard
to the basis on which the individual is
eligible for medical assistance under the State
plan (or waiver), shall--
(i) include all items and services
covered under the State plan (or
waiver) that are not less in amount,
duration, or scope, or are determined
by the Secretary to be substantially
equivalent, to the medical assistance
available for an individual described
in subsection (a)(10)(A)(i); and
(ii) be provided for the individual
while pregnant and during the 12-month
period that begins on the last day of
the individual's pregnancy and ends on
the last day of the month in which such
12-month period ends.
(C) Coverage under chip.--A State making an
election under this paragraph that covers under
title XXI child health assistance for targeted
low-income children who are pregnant or
targeted low-income pregnant women, as
applicable, shall also make the election under
section 2107(e)(1)(J) of such title.
(f) Notwithstanding any other provision of this title, except
as provided in subsection (e) and section 1619(b)(3) and
section 1924, except with respect to qualified disabled and
working individuals (described in section 1905(s)), and except
with respect to qualified medicare beneficiaries, qualified
severely impaired individuals, and individuals described in
subsection (m)(1), no State not eligible to participate in the
State plan program established under title XVI shall be
required to provide medical assistance to any aged, blind, or
disabled individual (within the meaning of title XVI) for any
month unless such State would be (or would have been) required
to provide medical assistance to such individual for such month
had its plan for medical assistance approved under this title
and in effect on January 1, 1972, been in effect in such month,
except that for this purpose any such individual shall be
deemed eligible for medical assistance under such State plan if
(in addition to meeting such other requirements as are or may
be imposed under the State plan) the income of any such
individual as determined in accordance with section 1903(f)
(after deducting any supplemental security income payment and
State supplementary payment made with respect to such
individual, and incurred expenses for medical care as
recognized under State law regardless of whether such expenses
are reimbursed under another public program of the State or
political subdivision thereof) is not in excess of the standard
for medical assistance established under the State plan as in
effect on January 1, 1972. In States which provide medical
assistance to individuals pursuant to paragraph (10)(C) of
subsection (a) of this section, an individual who is eligible
for medical assistance by reason of the requirements of this
section concerning the deduction of incurred medical expenses
from income shall be considered an individual eligible for
medical assistance under paragraph (10)(A) of that subsection
if that individual is, or is eligible to be (1) an individual
with respect to whom there is payable a State supplementary
payment on the basis of which similarly situated individuals
are eligible to receive medical assistance equal in amount,
duration, and scope to that provided to individuals eligible
under paragraph (10)(A), or (2) an eligible individual or
eligible spouse, as defined in title XVI, with respect to whom
supplemental security income benefits are payable; otherwise
that individual shall be considered to be an individual
eligible for medical assistance under paragraph (10)(C) of that
subsection. In States which do not provide medical assistance
to individuals pursuant to paragraph (10)(C) of that
subsection, an individual who is eligible for medical
assistance by reason of the requirements of this section
concerning the deduction of incurred medical expenses from
income shall be considered an individual eligible for medical
assistance under paragraph (10)(A) of that subsection.
(g) In addition to any other sanction available to a State, a
State may provide for a reduction of any payment amount
otherwise due with respect to a person who furnishes services
under the plan in an amount equal to up to three times the
amount of any payment sought to be collected by that person in
violation of subsection (a)(25)(C).
(h)(1) Nothing in this title (including subsections (a)(13)
and (a)(30) of this section) shall be construed as authorizing
the Secretary to limit the amount of payment that may be made
under a plan under this title for home and community care, home
and community-based services provided under subsection (c),
(d), or (i) of section 1915 or under a waiver or demonstration
project under section 1115, self-directed personal assistance
services provided pursuant to a written plan of care under
section 1915(j), and home and community-based attendant
services and supports under section 1915(k).
(2) Nothing in this title, title XVIII, or title XI shall be
construed as prohibiting receipt of any care or services
specified in paragraph (1) in an acute care hospital that are--
(A) identified in an individual's person-centered
service plan (or comparable plan of care);
(B) provided to meet needs of the individual that are
not met through the provision of hospital services;
(C) not a substitute for services that the hospital
is obligated to provide through its conditions of
participation or under Federal or State law, or under
another applicable requirement; and
(D) designed to ensure smooth transitions between
acute care settings and home and community-based
settings, and to preserve the individual's functional
abilities.
(i)(1) In addition to any other authority under State law,
where a State determines that a intermediate care facility for
the mentally retarded which is certified for participation
under its plan no longer substantially meets the requirements
for such a facility under this title and further determines
that the facility's deficiencies--
(A) immediately jeopardize the health and safety of
its patients, the State shall provide for the
termination of the facility's certification for
participation under the plan and may provide, or
(B) do not immediately jeopardize the health and
safety of its patients, the State may, in lieu of
providing for terminating the facility's certification
for participation under the plan, establish alternative
remedies if the State demonstrates to the Secretary's
satisfaction that the alternative remedies are
effective in deterring noncompliance and correcting
deficiencies, and may provide
that no payment will be made under the State plan with respect
to any individual admitted to such facility after a date
specified by the State.
(2) The State shall not make such a decision with respect to
a facility until the facility has had a reasonable opportunity,
following the initial determination that it no longer
substantially meets the requirements for such a facility under
this title, to correct its deficiencies, and, following this
period, has been given reasonable notice and opportunity for a
hearing.
(3) The State's decision to deny payment may be made
effective only after such notice to the public and to the
facility as may be provided for by the State, and its
effectiveness shall terminate (A) when the State finds that the
facility is in substantial compliance (or is making good faith
efforts to achieve substantial compliance) with the
requirements for such a facility under this title, or (B) in
the case described in paragraph (1)(B), with the end of the
eleventh month following the month such decision is made
effective, whichever occurs first. If a facility to which
clause (B) of the previous sentence applies still fails to
substantially meet the provisions of the respective section on
the date specified in such clause, the State shall terminate
such facility's certification for participation under the plan
effective with the first day of the first month following the
month specified in such clause.
(j) Notwithstanding any other requirement of this title, the
Secretary may waive or modify any requirement of this title
with respect to the medical assistance program in American
Samoa and the Northern Mariana Islands, other than a waiver of
the Federal medical assistance percentage, the limitation in
section 1108(f),, the requirement that payment may be made for
medical assistance only with respect to amounts expended by
American Samoa or the Northern Mariana Islands for care and
services described in a numbered paragraph of section 1905(a),
or the requirement under subsection (qq)(1) (relating to data
reporting).
(k)(1) The medical assistance provided to an individual
described in subclause (VIII) of subsection (a)(10)(A)(i) shall
consist of benchmark coverage described in section 1937(b)(1)
or benchmark equivalent coverage described in section
1937(b)(2). Such medical assistance shall be provided subject
to the requirements of section 1937, without regard to whether
a State otherwise has elected the option to provide medical
assistance through coverage under that section, unless an
individual described in subclause (VIII) of subsection
(a)(10)(A)(i) is also an individual for whom, under
subparagraph (B) of section 1937(a)(2), the State may not
require enrollment in benchmark coverage described in
subsection (b)(1) of section 1937 or benchmark equivalent
coverage described in subsection (b)(2) of that section.
(2) Beginning with the first day of any fiscal year quarter
that begins on or after April 1, 2010, and before January 1,
2014, a State may elect through a State plan amendment to
provide medical assistance to individuals who would be
described in subclause (VIII) of subsection (a)(10)(A)(i) if
that subclause were effective before January 1, 2014. A State
may elect to phase-in the extension of eligibility for medical
assistance to such individuals based on income, so long as the
State does not extend such eligibility to individuals described
in such subclause with higher income before making individuals
described in such subclause with lower income eligible for
medical assistance.
(3) If an individual described in subclause (VIII) of
subsection (a)(10)(A)(i) is the parent of a child who is under
19 years of age (or such higher age as the State may have
elected) who is eligible for medical assistance under the State
plan or under a waiver of such plan (under that subclause or
under a State plan amendment under paragraph (2), the
individual may not be enrolled under the State plan unless the
individual's child is enrolled under the State plan or under a
waiver of the plan or is enrolled in other health insurance
coverage. For purposes of the preceding sentence, the term
``parent'' includes an individual treated as a caretaker
relative for purposes of carrying out section 1931.
(l)(1) Individuals described in this paragraph are--
(A) women during pregnancy (and during the 60-day
period beginning on the last day of the pregnancy),
(B) infants under one year of age,
(C) children who have attained one year of age but
have not attained 6 years of age, and
(D) children born after September 30, 1983 (or, at
the option of a State, after any earlier date), who
have attained 6 years of age but have not attained 19
years of age,
who are not described in any of subclauses (I) through (III) of
subsection (a)(10)(A)(i) and whose family income does not
exceed the income level established by the State under
paragraph (2) for a family size equal to the size of the
family, including the woman, infant, or child.
(2)(A)(i) For purposes of paragraph (1) with respect to
individuals described in subparagraph (A) or (B) of that
paragraph, the State shall establish an income level which is a
percentage (not less than the percentage provided under clause
(ii) and not more than 185 percent) of the income official
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Omnibus Budget Reconciliation Act of 1981) applicable to
a family of the size involved.
(ii) The percentage provided under this clause, with respect
to eligibility for medical assistance on or after--
(I) July 1, 1989, is 75 percent, or, if greater, the
percentage provided under clause (iii), and
(II) April 1, 1990, 133 percent, or, if greater, the
percentage provided under clause (iv).
(iii) In the case of a State which, as of the date of the
enactment of this clause, has elected to provide, and provides,
medical assistance to individuals described in this subsection
or has enacted legislation authorizing, or appropriating funds,
to provide such assistance to such individuals before July 1,
1989, the percentage provided under clause (ii)(I) shall not be
less than--
(I) the percentage specified by the State in an
amendment to its State plan (whether approved or not)
as of the date of the enactment of this clause, or
(II) if no such percentage is specified as of the
date of the enactment of this clause, the percentage
established under the State's authorizing legislation
or provided for under the State's appropriations;
but in no case shall this clause require the percentage
provided under clause (ii)(I) to exceed 100 percent.
(iv) In the case of a State which, as of the date of the
enactment of this clause, has established under clause (i), or
has enacted legislation authorizing, or appropriating funds, to
provide for, a percentage (of the income official poverty line)
that is greater than 133 percent, the percentage provided under
clause (ii) for medical assistance on or after April 1, 1990,
shall not be less than--
(I) the percentage specified by the State in an
amendment to its State plan (whether approved or not)
as of the date of the enactment of this clause, or
(II) if no such percentage is specified as of the
date of the enactment of this clause, the percentage
established under the State's authorizing legislation
or provided for under the State's appropriations.
(B) For purposes of paragraph (1) with respect to individuals
described in subparagraph (C) of such paragraph, the State
shall establish an income level which is equal to 133 percent
of the income official poverty line described in subparagraph
(A) applicable to a family of the size involved.
(C) For purposes of paragraph (1) with respect to individuals
described in subparagraph (D) of that paragraph, the State
shall establish an income level which is equal to 100 percent
(or, beginning January 1, 2014, 133 percent) of the income
official poverty line described in subparagraph (A) applicable
to a family of the size involved.
(3) Notwithstanding subsection (a)(17), for individuals who
are eligible for medical assistance because of subsection
(a)(10)(A)(i)(IV), (a)(10)(A)(i)(VI), (a)(10)(A)(i)(VII), or
(a)(10)(A)(ii)(IX)--
(A) application of a resource standard shall be at
the option of the State;
(B) any resource standard or methodology that is
applied with respect to an individual described in
subparagraph (A) of paragraph (1) may not be more
restrictive than the resource standard or methodology
that is applied under title XVI;
(C) any resource standard or methodology that is
applied with respect to an individual described in
subparagraph (B), (C), or (D) of paragraph (1) may not
be more restrictive than the corresponding methodology
that is applied under the State plan under part A of
title IV;
(D) the income standard to be applied is the
appropriate income standard established under paragraph
(2); and
(E) family income shall be determined in accordance
with the methodology employed under the State plan
under part A or E of title IV (except to the extent
such methodology is inconsistent with clause (D) of
subsection (a)(17)), and costs incurred for medical
care or for any other type of remedial care shall not
be taken into account.
Any different treatment provided under this paragraph for such
individuals shall not, because of subsection (a)(17), require
or permit such treatment for other individuals.
(4)(A) In the case of any State which is providing medical
assistance to its residents under a waiver granted under
section 1115, the Secretary shall require the State to provide
medical assistance for pregnant women and infants under age 1
described in subsection (a)(10)(A)(i)(IV) and for children
described in subsection (a)(10)(A)(i)(VI) or subsection
(a)(10)(A)(i)(VII) in the same manner as the State would be
required to provide such assistance for such individuals if the
State had in effect a plan approved under this title.
(B) In the case of a State which is not one of the 50 States
or the District of Columbia, the State need not meet the
requirement of subsection (a)(10)(A)(i)(IV), (a)(10)(A)(i)(VI),
or (a)(10)(A)(i)(VII) and, for purposes of paragraph (2)(A),
the State may substitute for the percentage provided under
clause (ii) of such paragraph any percentage.
(m)(1) Individuals described in this paragraph are
individuals--
(A) who are 65 years of age or older or are disabled
individuals (as determined under section 1614(a)(3)),
(B) whose income (as determined under section 1612
for purposes of the supplemental security income
program, except as provided in paragraph (2)(C)) does
not exceed an income level established by the State
consistent with paragraph (2)(A), and
(C) whose resources (as determined under section 1613
for purposes of the supplemental security income
program) do not exceed (except as provided in paragraph
(2)(B)) the maximum amount of resources that an
individual may have and obtain benefits under that
program.
(2)(A) The income level established under paragraph (1)(B)
may not exceed a percentage (not more than 100 percent) of the
official poverty line (as defined by the Office of Management
and Budget, and revised annually in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981)
applicable to a family of the size involved.
(B) In the case of a State that provides medical assistance
to individuals not described in subsection (a)(10)(A) and at
the State's option, the State may use under paragraph (1)(C)
such resource level (which is higher than the level described
in that paragraph) as may be applicable with respect to
individuals described in paragraph (1)(A) who are not described
in subsection (a)(10)(A).
(C) The provisions of section 1905(p)(2)(D) shall apply to
determinations of income under this subsection in the same
manner as they apply to determinations of income under section
1905(p).
(3) Notwithstanding subsection (a)(17), for individuals
described in paragraph (1) who are covered under the State plan
by virtue of subsection (a)(10)(A)(ii)(X)--
(A) the income standard to be applied is the income
standard described in paragraph (1)(B), and
(B) except as provided in section 1612(b)(4)(B)(ii),
costs incurred for medical care or for any other type
of remedial care shall not be taken into account in
determining income.
Any different treatment provided under this paragraph for such
individuals shall not, because of subsection (a)(17), require
or permit such treatment for other individuals.
(4) Notwithstanding subsection (a)(17), for qualified
medicare beneficiaries described in section 1905(p)(1)--
(A) the income standard to be applied is the income
standard described in section 1905(p)(1)(B), and
(B) except as provided in section 1612(b)(4)(B)(ii),
costs incurred for medical care or for any other type
of remedial care shall not be taken into account in
determining income.
Any different treatment provided under this paragraph for such
individuals shall not, because of subsection (a)(17), require
or permit such treatment for other individuals.
(n)(1) In the case of medical assistance furnished under this
title for medicare cost-sharing respecting the furnishing of a
service or item to a qualified medicare beneficiary, the State
plan may provide payment in an amount with respect to the
service or item that results in the sum of such payment amount
and any amount of payment made under title XVIII with respect
to the service or item exceeding the amount that is otherwise
payable under the State plan for the item or service for
eligible individuals who are not qualified medicare
beneficiaries.
(2) In carrying out paragraph (1), a State is not required to
provide any payment for any expenses incurred relating to
payment for deductibles, coinsurance, or copayments for
medicare cost-sharing to the extent that payment under title
XVIII for the service would exceed the payment amount that
otherwise would be made under the State plan under this title
for such service if provided to an eligible recipient other
than a medicare beneficiary.
(3) In the case in which a State's payment for medicare cost-
sharing for a qualified medicare beneficiary with respect to an
item or service is reduced or eliminated through the
application of paragraph (2)--
(A) for purposes of applying any limitation under
title XVIII on the amount that the beneficiary may be
billed or charged for the service, the amount of
payment made under title XVIII plus the amount of
payment (if any) under the State plan shall be
considered to be payment in full for the service;
(B) the beneficiary shall not have any legal
liability to make payment to a provider or to an
organization described in section 1903(m)(1)(A) for the
service; and
(C) any lawful sanction that may be imposed upon a
provider or such an organization for excess charges
under this title or title XVIII shall apply to the
imposition of any charge imposed upon the individual in
such case.
This paragraph shall not be construed as preventing payment of
any medicare cost-sharing by a medicare supplemental policy or
an employer retiree health plan on behalf of an individual.
(o) Notwithstanding any provision of subsection (a) to the
contrary, a State plan under this title shall provide that any
supplemental security income benefits paid by reason of
subparagraph (E) or (G) of section 1611(e)(1) to an individual
who--
(1) is eligible for medical assistance under the
plan, and
(2) is in a hospital, skilled nursing facility, or
intermediate care facility at the time such benefits
are paid,
will be disregarded for purposes of determining the amount of
any post-eligibility contribution by the individual to the cost
of the care and services provided by the hospital, skilled
nursing facility, or intermediate care facility.
(p)(1) In addition to any other authority, a State may
exclude any individual or entity for purposes of participating
under the State plan under this title for any reason for which
the Secretary could exclude the individual or entity from
participation in a program under title XVIII under section
1128, 1128A, or 1866(b)(2).
(2) In order for a State to receive payments for medical
assistance under section 1903(a), with respect to payments the
State makes to a medicaid managed care organization (as defined
in section 1903(m)) or to an entity furnishing services under a
waiver approved under section 1915(b)(1), the State must
provide that it will exclude from participation, as such an
organization or entity, any organization or entity that--
(A) could be excluded under section 1128(b)(8)
(relating to owners and managing employees who have
been convicted of certain crimes or received other
sanctions),
(B) has, directly or indirectly, a substantial
contractual relationship (as defined by the Secretary)
with an individual or entity that is described in
section 1128(b)(8)(B), or
(C) employs or contracts with any individual or
entity that is excluded from participation under this
title under section 1128 or 1128A for the provision of
health care, utilization review, medical social work,
or administrative services or employs or contracts with
any entity for the provision (directly or indirectly)
through such an excluded individual or entity of such
services.
(3) As used in this subsection, the term ``exclude'' includes
the refusal to enter into or renew a participation agreement or
the termination of such an agreement.
(q)(1)(A) In order to meet the requirement of subsection
(a)(50), the State plan must provide that, in the case of an
institutionalized individual or couple described in
subparagraph (B), in determining the amount of the individual's
or couple's income to be applied monthly to payment for the
cost of care in an institution, there shall be deducted from
the monthly income (in addition to other allowances otherwise
provided under the State plan) a monthly personal needs
allowance--
(i) which is reasonable in amount for clothing and
other personal needs of the individual (or couple)
while in an institution, and
(ii) which is not less (and may be greater) than the
minimum monthly personal needs allowance described in
paragraph (2).
(B) In this subsection, the term ``institutionalized
individual or couple'' means an individual or married couple--
(i) who is an inpatient (or who are inpatients) in a
medical institution or nursing facility for which
payments are made under this title throughout a month,
and
(ii) who is or are determined to be eligible for
medical assistance under the State plan.
(2) The minimum monthly personal needs allowance described in
this paragraph is $30 for an institutionalized individual and
$60 for an institutionalized couple (if both are aged, blind,
or disabled, and their incomes are considered available to each
other in determining eligibility).
(r)(1)(A) For purposes of sections 1902(a)(17) and
1924(d)(1)(D) and for purposes of a waiver under section 1915,
with respect to the post-eligibility treatment of income of
individuals who are institutionalized or receiving home or
community-based services under such a waiver, the treatment
described in subparagraph (B) shall apply, there shall be
disregarded reparation payments made by the Federal Republic of
Germany, and there shall be taken into account amounts for
incurred expenses for medical or remedial care that are not
subject to payment by a third party, including--
(i) medicare and other health insurance premiums,
deductibles, or coinsurance, and
(ii) necessary medical or remedial care recognized
under State law but not covered under the State plan
under this title, subject to reasonable limits the
State may establish on the amount of these expenses.
(B)(i) In the case of a veteran who does not have a spouse or
a child, if the veteran--
(I) receives, after the veteran has been determined
to be eligible for medical assistance under the State
plan under this title, a veteran's pension in excess of
$90 per month, and
(II) resides in a State veterans home with respect to
which the Secretary of Veterans Affairs makes per diem
payments for nursing home care pursuant to section
1741(a) of title 38, United States Code,
any such pension payment, including any payment made due to the
need for aid and attendance, or for unreimbursed medical
expenses, that is in excess of $90 per month shall be counted
as income only for the purpose of applying such excess payment
to the State veterans home's cost of providing nursing home
care to the veteran.
(ii) The provisions of clause (i) shall apply with respect to
a surviving spouse of a veteran who does not have a child in
the same manner as they apply to a veteran described in such
clause.
(2)(A) The methodology to be employed in determining income
and resource eligibility for individuals under subsection
(a)(10)(A)(i)(III), (a)(10)(A)(i)(IV), (a)(10)(A)(i)(VI),
(a)(10)(A)(i)(VII), (a)(10)(A)(ii), (a)(10)(C)(i)(III), or (f)
or under section 1905(p) may be less restrictive, and shall be
no more restrictive, than the methodology--
(i) in the case of groups consisting of aged, blind,
or disabled individuals, under the supplemental
security income program under title XVI, or
(ii) in the case of other groups, under the State
plan most closely categorically related.
(B) For purposes of this subsection and subsection (a)(10),
methodology is considered to be ``no more restrictive'' if,
using the methodology, additional individuals may be eligible
for medical assistance and no individuals who are otherwise
eligible are made ineligible for such assistance.
(s) In order to meet the requirements of subsection (a)(55),
the State plan must provide that payments to hospitals under
the plan for inpatient hospital services furnished to infants
who have not attained the age of 1 year, and to children who
have not attained the age of 6 years and who receive such
services in a disproportionate share hospital described in
section 1923(b)(1), shall--
(1) if made on a prospective basis (whether per diem,
per case, or otherwise) provide for an outlier
adjustment in payment amounts for medically necessary
inpatient hospital services involving exceptionally
high costs or exceptionally long lengths of stay,
(2) not be limited by the imposition of day limits
with respect to the delivery of such services to such
individuals, and
(3) not be limited by the imposition of dollar limits
(other than such limits resulting from prospective
payments as adjusted pursuant to paragraph (1)) with
respect to the delivery of such services to any such
individual who has not attained their first birthday
(or in the case of such an individual who is an
inpatient on his first birthday until such individual
is discharged).
(t) Nothing in this title (including sections 1903(a) and
1905(a)) shall be construed as authorizing the Secretary to
deny or limit payments to a State for expenditures, for medical
assistance for items or services, attributable to taxes of
general applicability imposed with respect to the provision of
such items or services.
(u)(1) Individuals described in this paragraph are
individuals--
(A) who are entitled to elect COBRA continuation
coverage (as defined in paragraph (3)),
(B) whose income (as determined under section 1612
for purposes of the supplemental security income
program) does not exceed 100 percent of the official
poverty line (as defined by the Office of Management
and Budget, and revised annually in accordance with
section 673(2) of the Omnibus Budget Reconciliation Act
of 1981) applicable to a family of the size involved,
(C) whose resources (as determined under section 1613
for purposes of the supplemental security income
program) do not exceed twice the maximum amount of
resources that an individual may have and obtain
benefits under that program, and
(D) with respect to whose enrollment for COBRA
continuation coverage the State has determined that the
savings in expenditures under this title resulting from
such enrollment is likely to exceed the amount of
payments for COBRA premiums made.
(2) For purposes of subsection (a)(10)(F) and this
subsection, the term ``COBRA premiums'' means the applicable
premium imposed with respect to COBRA continuation coverage.
(3) In this subsection, the term ``COBRA continuation
coverage'' means coverage under a group health plan provided by
an employer with 75 or more employees provided pursuant to
title XXII of the Public Health Service Act, section 4980B of
the Internal Revenue Code of 1986, or title VI of the Employee
Retirement Income Security Act of 1974.
(4) Notwithstanding subsection (a)(17), for individuals
described in paragraph (1) who are covered under the State plan
by virtue of subsection (a)(10)(A)(ii)(XI)--
(A) the income standard to be applied is the income
standard described in paragraph (1)(B), and
(B) except as provided in section 1612(b)(4)(B)(ii),
costs incurred for medical care or for any other type
of remedial care shall not be taken into account in
determining income.
Any different treatment provided under this paragraph for such
individuals shall not, because of subsection (a)(10)(B) or
(a)(17), require or permit such treatment for other
individuals.
(v) A State plan may provide for the making of determinations
of disability or blindness for the purpose of determining
eligibility for medical assistance under the State plan by the
single State agency or its designee, and make medical
assistance available to individuals whom it finds to be blind
or disabled and who are determined otherwise eligible for such
assistance during the period of time prior to which a final
determination of disability or blindness is made by the Social
Security Administration with respect to such an individual. In
making such determinations, the State must apply the
definitions of disability and blindness found in section
1614(a) of the Social Security Act.
(w)(1) For purposes of subsection (a)(57) and sections
1903(m)(1)(A) and 1919(c)(2)(E), the requirement of this
subsection is that a provider or organization (as the case may
be) maintain written policies and procedures with respect to
all adult individuals receiving medical care by or through the
provider or organization--
(A) to provide written information to each such
individual concerning--
(i) an individual's rights under State law
(whether statutory or as recognized by the
courts of the State) to make decisions
concerning such medical care, including the
right to accept or refuse medical or surgical
treatment and the right to formulate advance
directives (as defined in paragraph (3)), and
(ii) the provider's or organization's written
policies respecting the implementation of such
rights;
(B) to document in the individual's medical record
whether or not the individual has executed an advance
directive;
(C) not to condition the provision of care or
otherwise discriminate against an individual based on
whether or not the individual has executed an advance
directive;
(D) to ensure compliance with requirements of State
law (whether statutory or as recognized by the courts
of the State) respecting advance directives; and
(E) to provide (individually or with others) for
education for staff and the community on issues
concerning advance directives.
Subparagraph (C) shall not be construed as requiring the
provision of care which conflicts with an advance directive.
(2) The written information described in paragraph (1)(A)
shall be provided to an adult individual--
(A) in the case of a hospital, at the time of the
individual's admission as an inpatient,
(B) in the case of a nursing facility, at the time of
the individual's admission as a resident,
(C) in the case of a provider of home health care or
personal care services, in advance of the individual
coming under the care of the provider,
(D) in the case of a hospice program, at the time of
initial receipt of hospice care by the individual from
the program, and
(E) in the case of a medicaid managed care
organization, at the time of enrollment of the
individual with the organization.
(3) Nothing in this section shall be construed to prohibit
the application of a State law which allows for an objection on
the basis of conscience for any health care provider or any
agent of such provider which as a matter of conscience cannot
implement an advance directive.
(4) In this subsection, the term ``advance directive'' means
a written instruction, such as a living will or durable power
of attorney for health care, recognized under State law
(whether statutory or as recognized by the courts of the State)
and relating to the provision of such care when the individual
is incapacitated.
(5) For construction relating to this subsection, see section
7 of the Assisted Suicide Funding Restriction Act of 1997
(relating to clarification respecting assisted suicide,
euthanasia, and mercy killing).
(x) The Secretary shall establish a system, for
implementation by not later than July 1, 1991, which provides
for a unique identifier for each physician who furnishes
services for which payment may be made under a State plan
approved under this title.
(y)(1) In addition to any other authority under State law,
where a State determines that a psychiatric hospital which is
certified for participation under its plan no longer meets the
requirements for a psychiatric hospital (referred to in section
1905(h)) and further finds that the hospital's deficiencies--
(A) immediately jeopardize the health and safety of
its patients, the State shall terminate the hospital's
participation under the State plan; or
(B) do not immediately jeopardize the health and
safety of its patients, the State may terminate the
hospital's participation under the State plan, or
provide that no payment will be made under the State
plan with respect to any individual admitted to such
hospital after the effective date of the finding, or
both.
(2) Except as provided in paragraph (3), if a psychiatric
hospital described in paragraph (1)(B) has not complied with
the requirements for a psychiatric hospital under this title--
(A) within 3 months after the date the hospital is
found to be out of compliance with such requirements,
the State shall provide that no payment will be made
under the State plan with respect to any individual
admitted to such hospital after the end of such 3-month
period, or
(B) within 6 months after the date the hospital is
found to be out of compliance with such requirements,
no Federal financial participation shall be provided
under section 1903(a) with respect to further services
provided in the hospital until the State finds that the
hospital is in compliance with the requirements of this
title.
(3) The Secretary may continue payments, over a period of not
longer than 6 months from the date the hospital is found to be
out of compliance with such requirements, if--
(A) the State finds that it is more appropriate to
take alternative action to assure compliance of the
hospital with the requirements than to terminate the
certification of the hospital,
(B) the State has submitted a plan and timetable for
corrective action to the Secretary for approval and the
Secretary approves the plan of corrective action, and
(C) the State agrees to repay to the Federal
Government payments received under this paragraph if
the corrective action is not taken in accordance with
the approved plan and timetable.
(z)(1) Individuals described in this paragraph are
individuals not described in subsection (a)(10)(A)(i)--
(A) who are infected with tuberculosis;
(B) whose income (as determined under the State plan
under this title with respect to disabled individuals)
does not exceed the maximum amount of income a disabled
individual described in subsection (a)(10)(A)(i) may
have and obtain medical assistance under the plan; and
(C) whose resources (as determined under the State
plan under this title with respect to disabled
individuals) do not exceed the maximum amount of
resources a disabled individual described in subsection
(a)(10)(A)(i) may have and obtain medical assistance
under the plan.
(2) For purposes of subsection (a)(10), the term ``TB-related
services'' means each of the following services relating to
treatment of infection with tuberculosis:
(A) Prescribed drugs.
(B) Physicians' services and services described in
section 1905(a)(2).
(C) Laboratory and X-ray services (including services
to confirm the presence of infection).
(D) Clinic services and Federally-qualified health
center services.
(E) Case management services (as defined in section
1915(g)(2)).
(F) Services (other than room and board) designed to
encourage completion of regimens of prescribed drugs by
outpatients, including services to observe directly the
intake of prescribed drugs.
(aa) Individuals described in this subsection are individuals
who--
(1) are not described in subsection (a)(10)(A)(i);
(2) have not attained age 65;
(3) have been screened for breast and cervical cancer
under the Centers for Disease Control and Prevention
breast and cervical cancer early detection program
established under title XV of the Public Health Service
Act (42 U.S.C. 300k et seq.) in accordance with the
requirements of section 1504 of that Act (42 U.S.C.
300n) and need treatment for breast or cervical cancer;
and
(4) are not otherwise covered under creditable
coverage, as defined in section 2701(c) of the Public
Health Service Act (42 U.S.C. 300gg(c)), but applied
without regard to paragraph (1)(F) of such section.
(bb) Payment for Services Provided by Federally-Qualified
Health Centers and Rural Health Clinics.--
(1) In general.--Beginning with fiscal year 2001 with
respect to services furnished on or after January 1,
2001, and each succeeding fiscal year, the State plan
shall provide for payment for services described in
section 1905(a)(2)(C) furnished by a Federally-
qualified health center and services described in
section 1905(a)(2)(B) furnished by a rural health
clinic in accordance with the provisions of this
subsection.
(2) Fiscal year 2001.--Subject to paragraph (4), for
services furnished on and after January 1, 2001, during
fiscal year 2001, the State plan shall provide for
payment for such services in an amount (calculated on a
per visit basis) that is equal to 100 percent of the
average of the costs of the center or clinic of
furnishing such services during fiscal years 1999 and
2000 which are reasonable and related to the cost of
furnishing such services, or based on such other tests
of reasonableness as the Secretary prescribes in
regulations under section 1833(a)(3), or, in the case
of services to which such regulations do not apply, the
same methodology used under section 1833(a)(3),
adjusted to take into account any increase or decrease
in the scope of such services furnished by the center
or clinic during fiscal year 2001.
(3) Fiscal year 2002 and succeeding fiscal years.--
Subject to paragraph (4), for services furnished during
fiscal year 2002 or a succeeding fiscal year, the State
plan shall provide for payment for such services in an
amount (calculated on a per visit basis) that is equal
to the amount calculated for such services under this
subsection for the preceding fiscal year--
(A) increased by the percentage increase in
the MEI (as defined in section 1842(i)(3))
applicable to primary care services (as defined
in section 1842(i)(4)) for that fiscal year;
and
(B) adjusted to take into account any
increase or decrease in the scope of such
services furnished by the center or clinic
during that fiscal year.
(4) Establishment of initial year payment amount for
new centers or clinics.--In any case in which an entity
first qualifies as a Federally-qualified health center
or rural health clinic after fiscal year 2000, the
State plan shall provide for payment for services
described in section 1905(a)(2)(C) furnished by the
center or services described in section 1905(a)(2)(B)
furnished by the clinic in the first fiscal year in
which the center or clinic so qualifies in an amount
(calculated on a per visit basis) that is equal to 100
percent of the costs of furnishing such services during
such fiscal year based on the rates established under
this subsection for the fiscal year for other such
centers or clinics located in the same or adjacent area
with a similar case load or, in the absence of such a
center or clinic, in accordance with the regulations
and methodology referred to in paragraph (2) or based
on such other tests of reasonableness as the Secretary
may specify. For each fiscal year following the fiscal
year in which the entity first qualifies as a
Federally-qualified health center or rural health
clinic, the State plan shall provide for the payment
amount to be calculated in accordance with paragraph
(3).
(5) Administration in the case of managed care.--
(A) In general.--In the case of services
furnished by a Federally-qualified health
center or rural health clinic pursuant to a
contract between the center or clinic and a
managed care entity (as defined in section
1932(a)(1)(B)), the State plan shall provide
for payment to the center or clinic by the
State of a supplemental payment equal to the
amount (if any) by which the amount determined
under paragraphs (2), (3), and (4) of this
subsection exceeds the amount of the payments
provided under the contract.
(B) Payment schedule.--The supplemental
payment required under subparagraph (A) shall
be made pursuant to a payment schedule agreed
to by the State and the Federally-qualified
health center or rural health clinic, but in no
case less frequently than every 4 months.
(6) Alternative payment methodologies.--
Notwithstanding any other provision of this section,
the State plan may provide for payment in any fiscal
year to a Federally-qualified health center for
services described in section 1905(a)(2)(C) or to a
rural health clinic for services described in section
1905(a)(2)(B) in an amount which is determined under an
alternative payment methodology that--
(A) is agreed to by the State and the center
or clinic; and
(B) results in payment to the center or
clinic of an amount which is at least equal to
the amount otherwise required to be paid to the
center or clinic under this section.
(cc)(1) Individuals described in this paragraph are
individuals--
(A) who are children who have not attained 19 years
of age and are born--
(i) on or after January 1, 2001 (or, at the
option of a State, on or after an earlier
date), in the case of the second, third, and
fourth quarters of fiscal year 2007;
(ii) on or after October 1, 1995 (or, at the
option of a State, on or after an earlier
date), in the case of each quarter of fiscal
year 2008; and
(iii) after October 1, 1989, in the case of
each quarter of fiscal year 2009 and each
quarter of any fiscal year thereafter;
(B) who would be considered disabled under section
1614(a)(3)(C) (as determined under title XVI for
children but without regard to any income or asset
eligibility requirements that apply under such title
with respect to children); and
(C) whose family income does not exceed such income
level as the State establishes and does not exceed--
(i) 300 percent of the poverty line (as
defined in section 2110(c)(5)) applicable to a
family of the size involved; or
(ii) such higher percent of such poverty line
as a State may establish, except that--
(I) any medical assistance provided
to an individual whose family income
exceeds 300 percent of such poverty
line may only be provided with State
funds; and
(II) no Federal financial
participation shall be provided under
section 1903(a) for any medical
assistance provided to such an
individual.
(2)(A) If an employer of a parent of an individual described
in paragraph (1) offers family coverage under a group health
plan (as defined in section 2791(a) of the Public Health
Service Act), the State shall--
(i) notwithstanding section 1906, require such parent
to apply for, enroll in, and pay premiums for such
coverage as a condition of such parent's child being or
remaining eligible for medical assistance under
subsection (a)(10)(A)(ii)(XIX) if the parent is
determined eligible for such coverage and the employer
contributes at least 50 percent of the total cost of
annual premiums for such coverage; and
(ii) if such coverage is obtained--
(I) subject to paragraph (2) of section
1916(h), reduce the premium imposed by the
State under that section in an amount that
reasonably reflects the premium contribution
made by the parent for private coverage on
behalf of a child with a disability; and
(II) treat such coverage as a third party
liability under subsection (a)(25).
(B) In the case of a parent to which subparagraph (A)
applies, a State, notwithstanding section 1906 but subject to
paragraph (1)(C)(ii), may provide for payment of any portion of
the annual premium for such family coverage that the parent is
required to pay. Any payments made by the State under this
subparagraph shall be considered, for purposes of section
1903(a), to be payments for medical assistance.
(dd) Electronic Transmission of Information.--If the State
agency determining eligibility for medical assistance under
this title or child health assistance under title XXI verifies
an element of eligibility based on information from an Express
Lane Agency (as defined in subsection (e)(13)(F)), or from
another public agency, then the applicant's signature under
penalty of perjury shall not be required as to such element.
Any signature requirement for an application for medical
assistance may be satisfied through an electronic signature, as
defined in section 1710(1) of the Government Paperwork
Elimination Act (44 U.S.C. 3504 note). The requirements of
subparagraphs (A) and (B) of section 1137(d)(2) may be met
through evidence in digital or electronic form.
(ee)(1) For purposes of subsection (a)(46)(B)(ii), the
requirements of this subsection with respect to an individual
declaring to be a citizen or national of the United States for
purposes of establishing eligibility under this title, are, in
lieu of requiring the individual to present satisfactory
documentary evidence of citizenship or nationality under
section 1903(x) (if the individual is not described in
paragraph (2) of that section), as follows:
(A) The State submits the name and social security
number of the individual to the Commissioner of Social
Security as part of the program established under
paragraph (2).
(B) If the State receives notice from the
Commissioner of Social Security that the name or social
security number, or the declaration of citizenship or
nationality, of the individual is inconsistent with
information in the records maintained by the
Commissioner--
(i) the State makes a reasonable effort to
identify and address the causes of such
inconsistency, including through typographical
or other clerical errors, by contacting the
individual to confirm the accuracy of the name
or social security number submitted or
declaration of citizenship or nationality and
by taking such additional actions as the
Secretary, through regulation or other
guidance, or the State may identify, and
continues to provide the individual with
medical assistance while making such effort;
and
(ii) in the case such inconsistency is not
resolved under clause (i), the State--
(I) notifies the individual of such
fact;
(II) provides the individual with a
period of 90 days from the date on
which the notice required under
subclause (I) is received by the
individual to either present
satisfactory documentary evidence of
citizenship or nationality (as defined
in section 1903(x)(3)) or resolve the
inconsistency with the Commissioner of
Social Security (and continues to
provide the individual with medical
assistance during such 90-day period);
and
(III) disenrolls the individual from
the State plan under this title within
30 days after the end of such 90-day
period if no such documentary evidence
is presented or if such inconsistency
is not resolved.
(2)(A) Each State electing to satisfy the requirements of
this subsection for purposes of section 1902(a)(46)(B) shall
establish a program under which the State submits at least
monthly to the Commissioner of Social Security for comparison
of the name and social security number, of each individual
newly enrolled in the State plan under this title that month
who is not described in section 1903(x)(2) and who declares to
be a United States citizen or national, with information in
records maintained by the Commissioner.
(B) In establishing the State program under this paragraph,
the State may enter into an agreement with the Commissioner of
Social Security--
(i) to provide, through an on-line system or
otherwise, for the electronic submission of, and
response to, the information submitted under
subparagraph (A) for an individual enrolled in the
State plan under this title who declares to be citizen
or national on at least a monthly basis; or
(ii) to provide for a determination of the
consistency of the information submitted with the
information maintained in the records of the
Commissioner through such other method as agreed to by
the State and the Commissioner and approved by the
Secretary, provided that such method is no more
burdensome for individuals to comply with than any
burdens that may apply under a method described in
clause (i).
(C) The program established under this paragraph shall
provide that, in the case of any individual who is required to
submit a social security number to the State under subparagraph
(A) and who is unable to provide the State with such number,
shall be provided with at least the reasonable opportunity to
present satisfactory documentary evidence of citizenship or
nationality (as defined in section 1903(x)(3)) as is provided
under clauses (i) and (ii) of section 1137(d)(4)(A) to an
individual for the submittal to the State of evidence
indicating a satisfactory immigration status.
(3)(A) The State agency implementing the plan approved under
this title shall, at such times and in such form as the
Secretary may specify, provide information on the percentage
each month that the inconsistent submissions bears to the total
submissions made for comparison for such month. For purposes of
this subparagraph, a name, social security number, or
declaration of citizenship or nationality of an individual
shall be treated as inconsistent and included in the
determination of such percentage only if--
(i) the information submitted by the individual is
not consistent with information in records maintained
by the Commissioner of Social Security;
(ii) the inconsistency is not resolved by the State;
(iii) the individual was provided with a reasonable
period of time to resolve the inconsistency with the
Commissioner of Social Security or provide satisfactory
documentation of citizenship status and did not
successfully resolve such inconsistency; and
(iv) payment has been made for an item or service
furnished to the individual under this title.
(B) If, for any fiscal year, the average monthly percentage
determined under subparagraph (A) is greater than 3 percent--
(i) the State shall develop and adopt a corrective
plan to review its procedures for verifying the
identities of individuals seeking to enroll in the
State plan under this title and to identify and
implement changes in such procedures to improve their
accuracy; and
(ii) pay to the Secretary an amount equal to the
amount which bears the same ratio to the total payments
under the State plan for the fiscal year for providing
medical assistance to individuals who provided
inconsistent information as the number of individuals
with inconsistent information in excess of 3 percent of
such total submitted bears to the total number of
individuals with inconsistent information.
(C) The Secretary may waive, in certain limited cases, all or
part of the payment under subparagraph (B)(ii) if the State is
unable to reach the allowable error rate despite a good faith
effort by such State.
(D) Subparagraphs (A) and (B) shall not apply to a State for
a fiscal year if there is an agreement described in paragraph
(2)(B) in effect as of the close of the fiscal year that
provides for the submission on a real-time basis of the
information described in such paragraph.
(4) Nothing in this subsection shall affect the rights of any
individual under this title to appeal any disenrollment from a
State plan.
(ff) Notwithstanding any other requirement of this title or
any other provision of Federal or State law, a State shall
disregard the following property from resources for purposes of
determining the eligibility of an individual who is an Indian
for medical assistance under this title:
(1) Property, including real property and
improvements, that is held in trust, subject to Federal
restrictions, or otherwise under the supervision of the
Secretary of the Interior, located on a reservation,
including any federally recognized Indian Tribe's
reservation, pueblo, or colony, including former
reservations in Oklahoma, Alaska Native regions
established by the Alaska Native Claims Settlement Act,
and Indian allotments on or near a reservation as
designated and approved by the Bureau of Indian Affairs
of the Department of the Interior.
(2) For any federally recognized Tribe not described
in paragraph (1), property located within the most
recent boundaries of a prior Federal reservation.
(3) Ownership interests in rents, leases, royalties,
or usage rights related to natural resources (including
extraction of natural resources or harvesting of
timber, other plants and plant products, animals, fish,
and shellfish) resulting from the exercise of federally
protected rights.
(4) Ownership interests in or usage rights to items
not covered by paragraphs (1) through (3) that have
unique religious, spiritual, traditional, or cultural
significance or rights that support subsistence or a
traditional lifestyle according to applicable tribal
law or custom.
(gg) Maintenance of Effort.--
(1) General requirement to maintain eligibility
standards until state exchange is fully operational.--
Subject to the succeeding paragraphs of this
subsection, during the period that begins on the date
of enactment of the Patient Protection and Affordable
Care Act and ends on the date on which the Secretary
determines that an Exchange established by the State
under section 1311 of the Patient Protection and
Affordable Care Act is fully operational, as a
condition for receiving any Federal payments under
section 1903(a) for calendar quarters occurring during
such period, a State shall not have in effect
eligibility standards, methodologies, or procedures
under the State plan under this title or under any
waiver of such plan that is in effect during that
period, that are more restrictive than the eligibility
standards, methodologies, or procedures, respectively,
under the plan or waiver that are in effect on the date
of enactment of the Patient Protection and Affordable
Care Act.
(2) Continuation of eligibility standards for
children through september 30, 2027.--The requirement
under paragraph (1) shall continue to apply to a State
through September 30, 2027 (but during the period that
begins on October 1, 2019, and ends on September 30,
2027 only with respect to children in families whose
income does not exceed 300 percent of the poverty line
(as defined in section 2110(c)(5)) applicable to a
family of the size involved) with respect to the
eligibility standards, methodologies, and procedures
under the State plan under this title or under any
waiver of such plan that are applicable to determining
the eligibility for medical assistance of any child who
is under 19 years of age (or such higher age as the
State may have elected).
(3) Nonapplication.--During the period that begins on
January 1, 2011, and ends on December 31, 2013, the
requirement under paragraph (1) shall not apply to a
State with respect to nonpregnant, nondisabled adults
who are eligible for medical assistance under the State
plan or under a waiver of the plan at the option of the
State and whose income exceeds 133 percent of the
poverty line (as defined in section 2110(c)(5))
applicable to a family of the size involved if, on or
after December 31, 2010, the State certifies to the
Secretary that, with respect to the State fiscal year
during which the certification is made, the State has a
budget deficit, or with respect to the succeeding State
fiscal year, the State is projected to have a budget
deficit. Upon submission of such a certification to the
Secretary, the requirement under paragraph (1) shall
not apply to the State with respect to any remaining
portion of the period described in the preceding
sentence.
(4) Determination of compliance.--
(A) States shall apply modified adjusted
gross income.--A State's determination of
income in accordance with subsection (e)(14)
shall not be considered to be eligibility
standards, methodologies, or procedures that
are more restrictive than the standards,
methodologies, or procedures in effect under
the State plan or under a waiver of the plan on
the date of enactment of the Patient Protection
and Affordable Care Act for purposes of
determining compliance with the requirements of
paragraph (1), (2), or (3).
(B) States may expand eligibility or move
waivered populations into coverage under the
state plan.--With respect to any period
applicable under paragraph (1), (2), or (3), a
State that applies eligibility standards,
methodologies, or procedures under the State
plan under this title or under any waiver of
the plan that are less restrictive than the
eligibility standards, methodologies, or
procedures, applied under the State plan or
under a waiver of the plan on the date of
enactment of the Patient Protection and
Affordable Care Act, or that makes individuals
who, on such date of enactment, are eligible
for medical assistance under a waiver of the
State plan, after such date of enactment
eligible for medical assistance through a State
plan amendment with an income eligibility level
that is not less than the income eligibility
level that applied under the waiver, or as a
result of the application of subclause (VIII)
of section 1902(a)(10)(A)(i), shall not be
considered to have in effect eligibility
standards, methodologies, or procedures that
are more restrictive than the standards,
methodologies, or procedures in effect under
the State plan or under a waiver of the plan on
the date of enactment of the Patient Protection
and Affordable Care Act for purposes of
determining compliance with the requirements of
paragraph (1), (2), or (3).
(hh)(1) A State may elect to phase-in the extension of
eligibility for medical assistance to individuals described in
subclause (XX) of subsection (a)(10)(A)(ii) based on the
categorical group (including nonpregnant childless adults) or
income, so long as the State does not extend such eligibility
to individuals described in such subclause with higher income
before making individuals described in such subclause with
lower income eligible for medical assistance.
(2) If an individual described in subclause (XX) of
subsection (a)(10)(A)(ii) is the parent of a child who is under
19 years of age (or such higher age as the State may have
elected) who is eligible for medical assistance under the State
plan or under a waiver of such plan, the individual may not be
enrolled under the State plan unless the individual's child is
enrolled under the State plan or under a waiver of the plan or
is enrolled in other health insurance coverage. For purposes of
the preceding sentence, the term ``parent'' includes an
individual treated as a caretaker relative for purposes of
carrying out section 1931.
(ii)(1) Individuals described in this subsection are
individuals--
(A) whose income does not exceed an income
eligibility level established by the State that
does not exceed the highest income eligibility
level established under the State plan under
this title (or under its State child health
plan under title XXI) for pregnant women; and
(B) who are not pregnant.
(2) At the option of a State, individuals described
in this subsection may include individuals who, had
individuals applied on or before January 1, 2007, would
have been made eligible pursuant to the standards and
processes imposed by that State for benefits described
in clause (XVI) of the matter following subparagraph
(G) of section subsection (a)(10) pursuant to a waiver
granted under section 1115.
(3) At the option of a State, for purposes of
subsection (a)(17)(B), in determining eligibility for
services under this subsection, the State may consider
only the income of the applicant or recipient.
(jj) Primary Care Services Defined.--For purposes of
subsection (a)(13)(C), the term ``primary care services''
means--
(1) evaluation and management services that are
procedure codes (for services covered under title
XVIII) for services in the category designated
Evaluation and Management in the Healthcare Common
Procedure Coding System (established by the Secretary
under section 1848(c)(5) as of December 31, 2009, and
as subsequently modified); and
(2) services related to immunization administration
for vaccines and toxoids for which CPT codes 90465,
90466, 90467, 90468, 90471, 90472, 90473, or 90474 (as
subsequently modified) apply under such System.
(kk) Provider and Supplier Screening, Oversight, and
Reporting Requirements.--For purposes of subsection (a)(77),
the requirements of this subsection are the following:
(1) Screening.--The State complies with the process
for screening providers and suppliers under this title,
as established by the Secretary under section
1866(j)(2).
(2) Provisional period of enhanced oversight for new
providers and suppliers.--The State complies with
procedures to provide for a provisional period of
enhanced oversight for new providers and suppliers
under this title, as established by the Secretary under
section 1866(j)(3).
(3) Disclosure requirements.--The State requires
providers and suppliers under the State plan or under a
waiver of the plan to comply with the disclosure
requirements established by the Secretary under section
1866(j)(5).
(4) Temporary moratorium on enrollment of new
providers or suppliers.--
(A) Temporary moratorium imposed by the
secretary.--
(i) In general.--Subject to clause
(ii), the State complies with any
temporary moratorium on the enrollment
of new providers or suppliers imposed
by the Secretary under section
1866(j)(7).
(ii) Exceptions.--
(I) Compliance with
moratorium.--A State shall not
be required to comply with a
temporary moratorium described
in clause (i) if the State
determines that the imposition
of such temporary moratorium
would adversely impact
beneficiaries' access to
medical assistance.
(II) FFP available.--
Notwithstanding section
1903(i)(2)(E), payment may be
made to a State under this
title with respect to amounts
expended for items and services
described in such section if
the Secretary, in consultation
with the State agency
administering the State plan
under this title (or a waiver
of the plan), determines that
denying payment to the State
pursuant to such section would
adversely impact beneficiaries'
access to medical assistance.
(iii) Limitation on charges to
beneficiaries.--With respect to any
amount expended for items or services
furnished during calendar quarters
beginning on or after October 1, 2017,
the State prohibits, during the period
of a temporary moratorium described in
clause (i), a provider meeting the
requirements specified in subparagraph
(C)(iii) of section 1866(j)(7) from
charging an individual or other person
eligible to receive medical assistance
under the State plan under this title
(or a waiver of the plan) for an item
or service described in section
1903(i)(2)(E) furnished to such an
individual.
(B) Moratorium on enrollment of providers and
suppliers.--At the option of the State, the
State imposes, for purposes of entering into
participation agreements with providers or
suppliers under the State plan or under a
waiver of the plan, periods of enrollment
moratoria, or numerical caps or other limits,
for providers or suppliers identified by the
Secretary as being at high-risk for fraud,
waste, or abuse as necessary to combat fraud,
waste, or abuse, but only if the State
determines that the imposition of any such
period, cap, or other limits would not
adversely impact beneficiaries' access to
medical assistance.
(5) Compliance programs.--The State requires
providers and suppliers under the State plan or under a
waiver of the plan to establish, in accordance with the
requirements of section 1866(j)(7), a compliance
program that contains the core elements established
under subparagraph (B) of that section 1866(j)(7) for
providers or suppliers within a particular industry or
category.
(6) Reporting of adverse provider actions.--The State
complies with the national system for reporting
criminal and civil convictions, sanctions, negative
licensure actions, and other adverse provider actions
to the Secretary, through the Administrator of the
Centers for Medicare & Medicaid Services, in accordance
with regulations of the Secretary.
(7) Enrollment and npi of ordering or referring
providers.--The State requires--
(A) all ordering or referring physicians or
other professionals to be enrolled under the
State plan or under a waiver of the plan as a
participating provider; and
(B) the national provider identifier of any
ordering or referring physician or other
professional to be specified on any claim for
payment that is based on an order or referral
of the physician or other professional.
(8) Provider terminations.--
(A) In general.--Beginning on July 1, 2018,
in the case of a notification under subsection
(a)(41) with respect to a termination for a
reason specified in section 455.101 of title
42, Code of Federal Regulations (as in effect
on November 1, 2015) or for any other reason
specified by the Secretary, of the
participation of a provider of services or any
other person under the State plan (or under a
waiver of the plan), the State, not later than
30 days after the effective date of such
termination, submits to the Secretary with
respect to any such provider or person, as
appropriate--
(i) the name of such provider or
person;
(ii) the provider type of such
provider or person;
(iii) the specialty of such
provider's or person's practice;
(iv) the date of birth, Social
Security number, national provider
identifier (if applicable), Federal
taxpayer identification number, and the
State license or certification number
of such provider or person (if
applicable);
(v) the reason for the termination;
(vi) a copy of the notice of
termination sent to the provider or
person;
(vii) the date on which such
termination is effective, as specified
in the notice; and
(viii) any other information required
by the Secretary.
(B) Effective date defined.--For purposes of
this paragraph, the term ``effective date''
means, with respect to a termination described
in subparagraph (A), the later of--
(i) the date on which such
termination is effective, as specified
in the notice of such termination; or
(ii) the date on which all appeal
rights applicable to such termination
have been exhausted or the timeline for
any such appeal has expired.
(9) Other state oversight.--Nothing in this
subsection shall be interpreted to preclude or limit
the ability of a State to engage in provider and
supplier screening or enhanced provider and supplier
oversight activities beyond those required by the
Secretary.
(ll) Termination Notification Database.--In the case of a
provider of services or any other person whose participation
under this title or title XXI is terminated (as described in
subsection (kk)(8)), the Secretary shall, not later than 30
days after the date on which the Secretary is notified of such
termination under subsection (a)(41) (as applicable), review
such termination and, if the Secretary determines appropriate,
include such termination in any database or similar system
developed pursuant to section 6401(b)(2) of the Patient
Protection and Affordable Care Act (42 U.S.C. 1395cc note;
Public Law 111-148).
(mm) Directory Physician or Provider Described.--A physician
or provider described in this subsection is--
(1) in the case of a physician or provider of a
provider type for which the State agency, as a
condition on receiving payment for items and services
furnished by the physician or provider to individuals
eligible to receive medical assistance under the State
plan, requires the enrollment of the physician or
provider with the State agency, a physician or a
provider that--
(A) is enrolled with the agency as of the
date on which the directory is published or
updated (as applicable) under subsection
(a)(83); and
(B) received payment under the State plan in
the 12-month period preceding such date; and
(2) in the case of a physician or provider of a
provider type for which the State agency does not
require such enrollment, a physician or provider that
received payment under the State plan (or a waiver of
the plan) in the 12-month period preceding the date on
which the directory is published or updated (as
applicable) under subsection (a)(83).
(nn) Juvenile; Eligible Juvenile; Public Institution.--For
purposes of subsection (a)(84) and this subsection:
(1) Juvenile.--The term ``juvenile'' means an
individual who is--
(A) under 21 years of age; or
(B) described in subsection
(a)(10)(A)(i)(IX).
(2) Eligible juvenile.--The term ``eligible
juvenile'' means a juvenile who is an inmate of a
public institution and who--
(A) was determined eligible for medical
assistance under the State plan immediately
before becoming an inmate of such a public
institution; or
(B) is determined eligible for such medical
assistance while an inmate of a public
institution.
(3) Inmate of a public institution.--The term
``inmate of a public institution'' has the meaning
given such term for purposes of applying the
subdivision (A) following paragraph (30) of section
1905(a), taking into account the exception in such
subdivision for a patient of a medical institution.
(oo) Drug Review and Utilization Requirements.--
(1) In general.--For purposes of subsection (a)(85),
the drug review and utilization requirements under this
subsection are, subject to paragraph (3) and beginning
October 1, 2019, the following:
(A) Claims review limitations.--
(i) In general.--The State has in
place--
(I) safety edits (as
specified by the State) for
subsequent fills for opioids
and a claims review automated
process (as designed and
implemented by the State) that
indicates when an individual
enrolled under the State plan
(or under a waiver of the State
plan) is prescribed a
subsequent fill of opioids in
excess of any limitation that
may be identified by the State;
(II) safety edits (as
specified by the State) on the
maximum daily morphine
equivalent that can be
prescribed to an individual
enrolled under the State plan
(or under a waiver of the State
plan) for treatment of chronic
pain and a claims review
automated process (as designed
and implemented by the State)
that indicates when an
individual enrolled under the
plan (or waiver) is prescribed
the morphine equivalent for
such treatment in excess of any
limitation that may be
identified by the State; and
(III) a claims review
automated process (as designed
and implemented by the State)
that monitors when an
individual enrolled under the
State plan (or under a waiver
of the State plan) is
concurrently prescribed opioids
and--
(aa) benzodiazepines;
or
(bb) antipsychotics.
(ii) Managed care entities.--The
State requires each managed care entity
(as defined in section 1932(a)(1)(B))
with respect to which the State has a
contract under section 1903(m) or under
section 1905(t)(3) to have in place,
subject to paragraph (3), with respect
to individuals who are eligible for
medical assistance under the State plan
(or under a waiver of the State plan)
and who are enrolled with the entity,
the limitations described in subclauses
(I) and (II) of clause (i) and a claims
review automated process described in
subclause (III) of such clause.
(iii) Rules of construction.--Nothing
in this subparagraph may be construed
as prohibiting a State or managed care
entity from designing and implementing
a claims review automated process under
this subparagraph that provides for
prospective or retrospective reviews of
claims. Nothing in this subparagraph
shall be understood as prohibiting the
exercise of clinical judgment from a
provider enrolled as a participating
provider in a State plan (or waiver of
the State plan) or contracting with a
managed care entity regarding the best
items and services for an individual
enrolled under such State plan (or
waiver).
(B) Program to monitor antipsychotic
medications by children.--The State has in
place a program (as designed and implemented by
the State) to monitor and manage the
appropriate use of antipsychotic medications by
children enrolled under the State plan (or
under a waiver of the State plan) and submits
annually to the Secretary such information as
the Secretary may require on activities carried
out under such program for individuals not more
than the age of 18 years generally and children
in foster care specifically.
(C) Fraud and abuse identification.--The
State has in place a process (as designed and
implemented by the State) that identifies
potential fraud or abuse of controlled
substances by individuals enrolled under the
State plan (or under a waiver of the State
plan), health care providers prescribing drugs
to individuals so enrolled, and pharmacies
dispensing drugs to individuals so enrolled.
(D) Reports.--The State shall include in the
annual report submitted to the Secretary under
section 1927(g)(3)(D) information on the
limitations, requirement, program, and
processes applied by the State under
subparagraphs (A) through (C) in accordance
with such manner and time as specified by the
Secretary.
(E) Clarification.--Nothing shall prevent a
State from satisfying the requirement--
(i) described in subparagraph (A) by
having safety edits or a claims review
automated process described in such
subparagraph that was in place before
October 1, 2019;
(ii) described in subparagraph (B) by
having a program described in such
subparagraph that was in place before
such date; or
(iii) described in subparagraph (C)
by having a process described in such
subparagraph that was in place before
such date.
(2) Annual report by secretary.--For each fiscal year
beginning with fiscal year 2020, the Secretary shall
submit to Congress a report on the most recent
information submitted by States under paragraph (1)(D).
(3) Exceptions.--
(A) Certain individuals exempted.--The drug
review and utilization requirements under this
subsection shall not apply with respect to an
individual who--
(i) is receiving--
(I) hospice or palliative
care; or
(II) treatment for cancer;
(ii) is a resident of a long-term
care facility, of a facility described
in section 1905(d), or of another
facility for which frequently abused
drugs are dispensed for residents
through a contract with a single
pharmacy; or
(iii) the State elects to treat as
exempted from such requirements.
(B) Exception relating to ensuring access.--
In order to ensure reasonable access to health
care, the Secretary shall waive the drug review
and utilization requirements under this
subsection, with respect to a State, in the
case of natural disasters and similar
situations, and in the case of the provision of
emergency services (as defined for purposes of
section 1860D-4(c)(5)(D)(ii)(II)).
(pp) Residential Pediatric Recovery Center Defined.--
(1) In general.--For purposes of section 1902(a)(86),
the term ``residential pediatric recovery center''
means a center or facility that furnishes items and
services for which medical assistance is available
under the State plan to infants with the diagnosis of
neonatal abstinence syndrome without any other
significant medical risk factors.
(2) Counseling and services.--A residential pediatric
recovery center may offer counseling and other services
to mothers (and other appropriate family members and
caretakers) of infants receiving treatment at such
centers if such services are otherwise covered under
the State plan under this title or under a waiver of
such plan. Such other services may include the
following:
(A) Counseling or referrals for services.
(B) Activities to encourage caregiver-infant
bonding.
(C) Training on caring for such infants.
(qq) Application of Certain Data Reporting and Program
Integrity Requirements to Northern Mariana Islands, American
Samoa, and Guam.--
(1) In general.--Not later than October 1, 2021, the
Northern Mariana Islands, American Samoa, and Guam
shall--
(A) demonstrate progress in implementing
methods, satisfactory to the Secretary, for the
collection and reporting of reliable data to
the Transformed Medicaid Statistical
Information System (T-MSIS) (or a successor
system); and
(B) demonstrate progress in establishing a
State medicaid fraud control unit described in
section 1903(q).
(2) Determination of progress.--For purposes of
paragraph (1), the Secretary shall deem that a
territory described in such paragraph has demonstrated
satisfactory progress in implementing methods for the
collection and reporting of reliable data or
establishing a State medicaid fraud control unit if the
territory has made a good faith effort to implement
such methods or establish such a unit, given the
circumstances of the territory.
(rr) Program Integrity Requirements for Puerto Rico.--
(1) System for tracking federal medicaid funding
provided to puerto rico.--
(A) In general.--Puerto Rico shall establish
and maintain a system, which may include the
use of a quarterly Form CMS-64, for tracking
any amounts paid by the Federal Government to
Puerto Rico with respect to the State plan of
Puerto Rico (or a waiver of such plan). Under
such system, Puerto Rico shall ensure that
information is available, with respect to each
quarter in a fiscal year (beginning with the
first quarter beginning on or after the date
that is 1 year after the date of the enactment
of this subsection), on the following:
(i) In the case of a quarter other
than the first quarter of such fiscal
year--
(I) the total amount expended
by Puerto Rico during any
previous quarter of such fiscal
year under the State plan of
Puerto Rico (or a waiver of
such plan); and
(II) a description of how
such amount was so expended.
(ii) The total amount that Puerto
Rico expects to expend during the
quarter under the State plan of Puerto
Rico (or a waiver of such plan), and a
description of how Puerto Rico expects
to expend such amount.
(B) Report to cms.--For each quarter with
respect to which Puerto Rico is required under
subparagraph (A) to ensure that information
described in such subparagraph is available,
Puerto Rico shall submit to the Administrator
of the Centers for Medicare & Medicaid Services
a report on such information for such quarter,
which may include the submission of a quarterly
Form CMS-37.
(2) Submission of documentation on contracts upon
request.--Puerto Rico shall, upon request, submit to
the Administrator of the Centers for Medicare &
Medicaid Services all documentation requested with
respect to contracts awarded under the State plan of
Puerto Rico (or a waiver of such plan).
(3) Reporting on medicaid and chip scorecard
measures.--Beginning 12 months after the date of
enactment of this subsection, Puerto Rico shall begin
to report to the Administrator of the Centers for
Medicare & Medicaid Services on selected measures
included in the Medicaid and CHIP Scorecard developed
by the Centers for Medicare & Medicaid Services.
(ss) Uninsured Individual Defined.--For purposes of this
section, the term ``uninsured individual'' means,
notwithstanding any other provision of this title, any
individual who is--
(1) not described in subsection (a)(10)(A)(i)
(excluding subclause (VIII) of such subsection if the
individual is a resident of a State which does not
furnish medical assistance to individuals described in
such subclause); and
(2) not enrolled in a Federal health care program (as
defined in section 1128B(f)), a group health plan,
group or individual health insurance coverage offered
by a health insurance issuer (as such terms are defined
in section 2791 of the Public Health Service Act), or a
health plan offered under chapter 89 of title 5, United
States Code, except that individuals who are eligible
for medical assistance under subsection
(a)(10)(A)(ii)(XII), subsection (a)(10)(A)(ii)(XVIII),
subsection (a)(10)(A)(ii)(XXI), or subsection
(a)(10)(C) (but only to the extent such an individual
is considered to not have minimum essential coverage
under section 5000A(f)(1) of the Internal Revenue Code
of 1986), or who are described in subsection (l)(1)(A)
and are eligible for medical assistance only because of
subsection (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) and
whose eligibility for such assistance is limited by the
State under clause (VII) in the matter following
subsection (a)(10)(G), shall not be treated as enrolled
in a Federal health care program for purposes of this
paragraph.
* * * * * * *
MINORITY VIEWS
INTRODUCTION
Nutrition programs for children were very important during
the pandemic as providers utilized flexibilities to serve
students in unique ways. While the pandemic is over, child
nutrition programs are just beginning to return to operating in
accordance with the law. It is irresponsible to discuss
significant reforms to the underlying child nutrition laws
while schools and other program operators are still working on
getting the programs back to normal operation. Worse, the
Democrats' recent spending splurge has left every taxpayer
dealing with significant inflation. Increasing spending by tens
of billions of dollars on these programs is reckless and
demonstrates a lack of economic understanding.
SUMMARY OF CONCERNS
Republicans did not offer a substitute amendment because
this is the wrong time to reauthorize these programs. The
waivers allowed during the pandemic are still in place for some
issues, such as mealtime changes, monitoring flexibility, and
parent pick-up when a child is sick due to COVID. Other waivers
have just ended, such as allowing area eligibility for all
regions for the summer program and allowing schools to
participate in the summer program. Because those waivers remain
in place, operators have not had time to learn what changes may
be needed to improve these programs for the future. The
Democrats' bill largely legislates by looking backwards and
grants the policy wishes of their members; it is not a bill
that actually improves the situation on the ground for students
and schools. Congress already acted to help schools deal with
inflation and return to regular operation; this legislation
complicates that process for schools and other program
operators.
This bill dramatically increases costs and burdens by
unnecessarily expanding existing programs. The Committee did
not have a cost estimate for the bill prior to the markup, but
it is anticipated to add tens of billions of dollars to
taxpayers' debt. One program which the bill expands is
Community Eligibility. This expansion will increase costs for
taxpayers by providing more free meals to those families that
can afford to pay their fair share. Additionally, the bill
significantly expands the summer food service program by
expanding the Summer Electronic Benefits Transfer program. This
change is not accompanied by any additional cuts or changes to
the current summer program, creating significant integrity
concerns by potentially providing duplicate meals for many
children. These changes are all made without any offsets within
the program.
The bill also expands the authority of the federal
government unnecessarily. The bill first does this by wildly
overstepping the appropriate limits of the federal government
by requiring the Secretary of the U.S. Department of
Agriculture (USDA) to issue guidance on the school day
schedule, specifically the length of lunch. Scheduling the
school day is a hyper-local issue, not the concern of the
Secretary of USDA. The bill also creates a new advisory
committee on unpaid meal debt. While unpaid debt certainly
harms both schools and students, a task force in D.C. is not
going to solve the problem.
The Democrats' bill also requires another review of the Buy
American requirement. This issue is another example of why
moving this bill now is inappropriate. Before beginning a
complicated process to address concerns with the Buy American
requirements, schools need a chance to understand the market
and the challenges that remain in implementing those
requirements. The provision adding an additional Buy American
review in H.R. 8450 will likely result in the status quo
remaining in place--after significant paperwork burden is added
to schools and states.
Finally, while it is premature to consider this bill now,
the Democrats' bill misses opportunities which could in fact be
addressed at this time. First, the bill fails to simplify child
nutrition programs, but instead requires additional and
overlapping regulations that will increase program costs and
complexity. Requiring new regulations on additives and ``other
potentially harmful substances'' increases complexity and
costs, and it leaves schools and other program providers unsure
about what foods are allowable in the program. Second, the bill
fails to address significant administrative issues long known
in the programs. This includes limiting unnecessary
administrative reviews, preventing the challenges created by
the last school meal programs' regulations, and removing
onerous requirements like paid meal equity.
Republican Amendments
While Republicans did not offer a comprehensive substitute,
there were several amendments offered that would improve the
bill and the program overall if enacted. Those include the
following:
Rep. McClain and Rep. Fulcher offered--and withdrew--an
amendment to ensure potatoes remain allowable as vegetable
under the programs.
Rep. McClain offered an amendment to prohibit all new
changes from being enacted unless an independent study is
conducted to ensure the program won't increase inflation or the
changes can be implemented once inflation drops to 2 percent.
This amendment was defeated in a roll call vote.
Rep. Thompson, along with Rep. Stefanik, Rep. Fulcher, and
Rep. Keller, offered an amendment to address whole milk and
chocolate milk in school meals and allow greater choice of milk
in the Women, Infant and Children (WIC) program. This amendment
was defeated by a voice vote.
Rep. Stefanik offered an amendment that would address the
infant formula contracting requirements in WIC by requiring two
manufacturers per state or state consortia. While it received
bipartisan support, the amendment failed by roll call vote.
Rep. Good and Rep. Miller offered--and withdrew--an
amendment to require nutrition regulations promulgated under
the bill to make grain-based desserts eligible for
reimbursement.
Rep. Walberg offered an amendment to ensure food
substitutions for religious needs are allowed. This amendment
was adopted.
Rep. Miller and Rep. Good offered an amendment to eliminate
the change the Democrats made to the definition of woman and
therefore to re-define pregnant woman, breastfeeding woman, and
postpartum woman as a woman. This amendment was defeated on a
party line vote.
Rep. Grothman and Rep. Harshbarger offered an amendment to
prohibit enforcement of the May 5, 2022, memo on Title IX
enforcement as it relates to child nutrition programs. This
amendment was defeated on a partisan vote.
Rep. Harshbarger offered an amendment to require a
feasibility study before issuing new regulations. This study
would determine the cost increase these potential standards
would impose, the timeline for availability of food meeting
these standards, and the increase to plate waste these
standards might cause. This amendment was also defeated on a
party line vote.
CONCLUSION
Nutrition programs for children are critical for those in
need. Proper nutrition supports strong development and helps
students learn and thrive in school. Instead of fixing problems
in the program and ensuring the programs are back to operating
as intended, the Democrats' bill adds layers of bureaucracy
through new programs and significantly expands failing
programs. When inflation is at a forty year high, Congress
should rein in reckless spending and target programs to those
who need support the most. This bill misses the mark on
integrity, misses the mark on improving existing programs, and
misses the mark on protecting taxpayers.
Virginia Foxx,
Ranking Member.
Joe Wilson.
Glenn ``GT'' Thompson.
Tim Walberg.
Glenn Grothman.
Rick W. Allen.
Jim Banks.
James Comer.
Russ Fulcher
Fred Keller
Mariannette Miller Meeks, M.D.
Burgess Owens.
Bob Good.
Lisa C. McClain.
Mary E. Miller.
Scott Fitzgerald.
Chris Jacobs.
Joe Sempolinski.
[all]