Congressional declaration of policy
Source
(June 4, 1946, ch. 281, § 2, 60 Stat. 230; Pub. L. 101–147, title III, § 312(1),Notes
Editorial Notes
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Effective Date of 1989 Amendment
Short Title of 2026 Amendment
Short Title of 2022 Amendment
Short Title of 2020 Amendment
Short Title of 2010 Amendment
Short Title of 2004 Amendment
Short Title of 1998 Amendment
Short Title of 1996 Amendment
Short Title of 1994 Amendment
Short Title of 1992 Amendment
Short Title of 1989 Amendment
Short Title of 1986 Amendments
Short Title of 1978 Amendment
Short Title of 1977 Amendment
Short Title of 1975 Amendment
Short Title of 1974 Amendment
Short Title of 1973 Amendment
Short Title
Emergency Costs for Child Nutrition Programs During COVID–19 Pandemic
Use of Certain Appropriations to Cover Emergency Operational Costs Under School Meal Programs.—
In general.—
Required allotments.—
Notwithstanding any other provision of law, the Secretary shall allocate to each State that participates in the reimbursement program under paragraph (3) such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month, including, subject to paragraph (5)(B), administrative expenses necessary to make such reimbursements.
Guidance with respect to program.—
Not later than 30 days after the date of the enactment of this section [
Reimbursement program application.—
To participate in the reimbursement program under paragraph (3), not later than 30 days after the date described in paragraph (1)(B), a State shall submit an application to the Secretary that includes a plan to calculate and disburse reimbursements under the reimbursement program under paragraph (3).
Reimbursement program.—
Subject to paragraphs (4) and (5)(D), using the amounts allocated under paragraph (1)(A), a State participating in the reimbursement program under this paragraph shall make reimbursements for emergency operational costs for each reimbursement month as follows:
For each new school food authority in the State for the reimbursement month, an amount equal to 55 percent of the amount equal to—
the average monthly amount such new school food authority was reimbursed under the reimbursement sections for meals and supplements served by such new school food authority during the alternate period; minus
the amount such new school food authority was reimbursed under the reimbursement sections for meals and supplements served by such new school food authority during such reimbursement month.
For each school food authority not described in subparagraph (A) in the State for the reimbursement month, an amount equal to 55 percent of—
the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority for the month beginning one year before such reimbursement month; minus
the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority during such reimbursement month.
Special rules relating to reimbursement calculation.—
Effect of negative number.—
If a subtraction performed under subparagraph (A) or (B) of paragraph (3) results in a negative number, the reimbursement amount calculated under such subparagraph shall equal zero.
Special treatment of march, 2020.—
In the case of a reimbursement under subparagraph (A) or (B) of paragraph (3) for the reimbursement month of March, 2020, the reimbursement amount shall be equal to the amount determined under such a subparagraph for such month, divided by 2.
Treatment of funds.—
Availability.—
Funds allocated to a State under paragraph (1)(A) shall remain available until
Administrative expenses.—
A State may reserve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection.
Unexpended balance.—
On
Limitation on use of funds.—
Funds allocated to a State under paragraph (1)(A) may only be made available to a school food authority or new school food authority that—
submits a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the period beginning
provides an assurance to such State that the school food authority or new school food authority will submit a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the first full semester (or equivalent term) after the conclusion of the public health emergency, as determined by such State.
Reports.—
Each State that carries out a reimbursement program under paragraph (3) shall, not later than
Use of Certain Appropriations to Cover Child and Adult Care Food Program Child Care Operational Emergency Costs During COVID–19 Pandemic.—
In general.—
Required allotments.—
Notwithstanding any other provision of law, the Secretary shall allocate to each State that participates in the reimbursement program under paragraph (3) such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month, including, subject to paragraph (5)(C), administrative expenses necessary to make such reimbursements.
Guidance with respect to program.—
Not later than 30 days after the date of the enactment of this section [
Reimbursement program application.—
To participate in the reimbursement program under paragraph (3), not later than 30 days after the date described in paragraph (1)(B), a State shall submit an application to the Secretary that includes a plan to calculate and disburse reimbursements under the reimbursement program under paragraph (3).
Reimbursement amount.—
Subject to paragraphs (4) and (5)(E), using the amounts allocated under paragraph (1)(A), a State participating in the reimbursement program under this paragraph shall make reimbursements for child care operational emergency costs for each reimbursement month as follows:
For each new covered institution in the State for the reimbursement month, an amount equal to 55 percent of—
the average monthly amount such new covered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) for meals and supplements served by such new covered institution during the alternate period; minus
the amount such new covered institution was reimbursed under such section for meals and supplements served by such new covered institution during such reimbursement month.
For each covered institution not described in subparagraph (A) in the State for the reimbursement month, an amount equal to 55 percent of—
the amount such covered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) for meals and supplements served by such covered institution during the month beginning one year before such reimbursement month; minus
the amount such covered institution was reimbursed under such section for meals and supplements served by such covered institution during such reimbursement month.
For each new sponsoring organization of a family or group day care home in the State for the reimbursement month, an amount equal to 55 percent of—
the average monthly amount such new sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for administrative funds for the alternate period; minus
the amount such new sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for the reimbursement month.
For each sponsoring organization of a family or group day care home not described in subparagraph (C) in the State for the reimbursement month, an amount equal to 55 percent of—
the amount such sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for administrative funds for the month beginning one year before such reimbursement month; minus
the amount such sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for such reimbursement month.
Special rules relating to reimbursement calculation.—
Effect of negative number.—
If a subtraction performed under subparagraph (A), (B), (C), or (D) of paragraph (3) results in a negative number, the reimbursement amount calculated under such subparagraph shall equal zero.
Special treatment of march, 2020.—
In the case of a reimbursement under subparagraph (A), (B), (C), or (D) of paragraph (3) for the reimbursement month of March, 2020, the reimbursement amount shall be equal to the amount determined under such a subparagraph for such month, divided by 2.
Treatment of funds.—
Availability.—
Funds allocated to a State under paragraph (1)(A) shall remain available until
Unaffiliated center.—
In the case of a covered institution or a new covered institution that is an unaffiliated center that is sponsored by a sponsoring organization and receives funds for a reimbursement month under subparagraph (A) or (B) of paragraph (3), such unaffiliated center shall provide to such sponsoring organization an amount of such funds as agreed to by the sponsoring organization and the unaffiliated center, except such amount may not be greater be [sic] than 15 percent of such funds.
Administrative expenses.—
A State may reserve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection.
Unexpended balance.—
On
Limitation on use of funds.—
Funds allocated to a State under paragraph (1)(A) may only be made available to a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home that—
submits a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the period beginning
provides an assurance to such State that the new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home will submit a claim to such State for meals, supplements, or administrative costs with respect to a month occurring within 90 days after the conclusion of the public health emergency.
Reports.—
Each State that carries out a reimbursement program under paragraph (3) shall, not later than
Funding.—
There are appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section.
Definitions.—
In this section:
Alternate period.—
The term ‘alternate period’ means the period beginning
Emergency operational costs.—
The term ‘emergency operational costs’ means the costs incurred by a school food authority or new school food authority—
during a public health emergency;
that are related to the ongoing operation, modified operation, or temporary suspension of operation (including administrative costs) of such school food authority or new school food authority; and
except as provided under subsection (a), that are not reimbursed under a Federal grant.
Child care operational emergency costs.—
The term ‘child care operational emergency costs’ means the costs under the child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) incurred by a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home—
during a public health emergency;
that are related to the ongoing operation, modified operation, or temporary suspension of operation (including administrative costs) of such new covered institution, covered institution, new sponsoring organization of a family or group day care home, sponsoring organization of a family or group day care home, or sponsoring organization of an unaffiliated center; and
except as provided under subsection (b), that are not reimbursed under a Federal grant.
Covered institution.—
The term ‘covered institution’ means—
an institution (as defined in section 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2))); and
a family or group day care home.
New covered institution.—
The term ‘new covered institution’ means a covered institution for which no reimbursements were made for meals and supplements under section 17(c) or (f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766[(c), (f)]) with respect to the previous reimbursement period.
New school food authority.—
The term ‘new school food authority’ means a school food authority for which no reimbursements were made under the reimbursement sections with respect to the previous reimbursement period.
New sponsoring organization of a family or group day care.—
The term ‘new sponsoring organization of a family or group day care’ means a sponsoring organization of a family or group day care home for which no reimbursements for administrative funds were made under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for the previous reimbursement period.
Previous reimbursement period.—
The term ‘previous reimbursement period’ means the period beginning
Public health emergency.—
The term ‘public health emergency’ means a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic or any renewal of such declaration pursuant to such section 319.
Reimbursement month.—
The term ‘reimbursement month’ means March 2020, April 2020, May 2020, and June 2020.
Reimbursement sections.—
The term ‘reimbursement sections’ means—
section 4(b), section 11(a)(2), section 13, and section 17A(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 1761; 42 U.S.C. 1766a(c)); and
section 4 of the Child Nutrition Act (42 U.S.C. 1773).
Secretary.—
The term ‘Secretary’ means the Secretary of Agriculture.
State.—
The term ‘State’ has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(8)).”
Indirect Costs
Guidance on Indirect Costs Rules.—
Not later than 180 days after the date of enactment of this Act [
Indirect Cost Study.—
The Secretary shall—
conduct a study to assess the extent to which school food authorities 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 the Child Nutrition Act of 1966 (42 U.S.C. 1773) pay indirect costs, including assessments of—
the allocation of indirect costs to, and the methodologies used to establish indirect cost rates for, school food authorities 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 the Child Nutrition Act of 1966 (42 U.S.C. 1773);
the impact of indirect costs charged to the nonprofit school food service account;
the types and amounts of indirect costs charged and recovered by school districts;
whether the indirect costs charged or recovered are consistent with requirements for the allocation of indirect costs and school food service operations; and
the types and amounts of indirect costs that could be charged or recovered under requirements for the allocation of indirect costs and school food service operations but are not charged or recovered; and
after completing the study required under paragraph (1), issue additional guidance relating to the types of costs that are reasonable and necessary to provide meals 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.).
Regulations.—
After conducting the study under subsection (b)(1) and identifying costs under subsection (b)(2), the Secretary may promulgate regulations to address—
any identified deficiencies in the allocation of indirect costs; and
the authority of school food authorities to reimburse only those costs identified by the Secretary as reasonable and necessary under subsection (b)(2).
Report.—
Not later than
Funding.—
In general.—
On
Receipt and acceptance.—
The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.”
Local Wellness Policy
Coordination of School Lunch, School Breakfast, and Summer Food Service Programs
Coordination.—
In general.—
The Secretary of Agriculture shall develop proposed changes to the regulations under the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the summer food service program under section 13 of that Act (42 U.S.C. 1761), and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), for the purpose of simplifying and coordinating those programs into a comprehensive meal program.
Consultation.—
In developing proposed changes to the regulations under paragraph (1), the Secretary of Agriculture shall consult with local, State, and regional administrators of the programs described in such paragraph.
Report.—
Not later than
Supplemental Nutrition Programs; Congressional Statement of Findings
undernutrition can permanently retard physical growth, brain development, and cognitive functioning of children;
the longer a child’s nutritional, emotional, and educational needs go unmet, the greater the likelihood of cognitive impairment;
low-income children who attend school hungry score significantly lower on standardized tests than non-hungry low-income children; and
supplemental nutrition programs 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.) can help to offset threats posed to a child’s capacity to learn and perform in school that result from inadequate nutrient intake.”
Study of Adulteration of Juice Products Sold to School Meal Programs
Consolidation of School Lunch Program and School Breakfast Program Into Comprehensive Meal Program
In General.—
Notwithstanding any provision of [the] Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except as otherwise provided in this section, the Secretary of Agriculture shall, not later than 18 months after the date of enactment of this Act [
Requirements.—
In establishing the comprehensive meal program under subsection (a), the Secretary shall meet the following requirements:
The Secretary shall ensure that the program continues to serve children who are eligible for free and reduced price meals. The meals shall meet the nutritional requirements of section 9(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(1)) and section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).
The Secretary shall continue to make breakfast assistance payments in accordance with section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) and food assistance payments in accordance with the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
The Secretary may not consolidate any aspect of the school lunch program or the school breakfast program with respect to any matter described in any of subparagraphs (A) through (N) of section 12(l)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(l)(4)).
Plan and Recommendations.—
Plan for consolidation and simplification.—
Not later than 180 days prior to implementing the regulations described in subsection (a), the Secretary shall prepare and submit to the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a plan for the consolidation and simplification of the school lunch program and the school breakfast program.
Recommendations with respect to change in payment amounts.—
If the Secretary proposes to change the amount of the breakfast assistance payment or the food assistance payment under the comprehensive meal program, the Secretary shall not include the change in the consolidation and shall prepare and submit to the Committee on Education and Labor [now Committee on Education and the Workforce], and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate recommendations for legislation to effect the change.”