A. Nsla 12(f), 19(h), 28

APPENDIX A. NATIONAL SCHOOL LUNCH ACT SECTIONS 12(F), 19(H), AND 28

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53

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 12

(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 ø(42
U.S.C. 1773)¿, 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 ø(42 U.S.C. 1771 et seq.)¿, 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 ø(42 U.S.C. 1771 et seq.)¿ 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 ø(42 U.S.C. 1771 et seq.)¿ 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 ø(42 U.S.C. 3001 et seq.)¿.
(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.
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117

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 19

(e) NOTICE OF AVAILABILITY.—If selected to participate in the
program, a school shall widely publicize within the school the availability of free fresh fruits and vegetables under the program.
(f) PER-STUDENT GRANT.—The per-student grant provided to a
school under this section shall be—
(1) determined by a State agency; and
(2) not less than $50, nor more than $75.
(g) LIMITATION.—To the maximum extent practicable, each
State agency shall ensure that in making the fruits and vegetables
provided under this section available to students, schools offer the
fruits and vegetables separately from meals otherwise provided at
the school under this Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(h) EVALUATION AND REPORTS.—
(1) IN GENERAL.—The Secretary shall conduct an evaluation of the program, including a determination as to whether
children experienced, as a result of participating in the program—
(A) increased consumption of fruits and vegetables;
(B) other dietary changes, such as decreased consumption of less nutritious foods; and
(C) such other outcomes as are considered appropriate
by the Secretary.
(2) REPORT.—Not later than September 30, 2011, 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 results of the evaluation under paragraph (1).
(i) FUNDING.—
(1) IN GENERAL.—Out of the funds made available under
subsection (b)(2)(A) of section 14222 of the Food, Conservation,
and Energy Act of 2008, the Secretary shall use the following
amounts to carry out this section:
(A) On October 1, 2008, $40,000,000.
(B) On July 1, 2009, $65,000,000.
(C) On July 1, 2010, $101,000,000.
(D) On July 1, 2011, $150,000,000.
(E) On July 1, 2012, and each July 1 thereafter, the
amount made available for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending
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, for items other than
food.
(2) MAINTENANCE OF EXISTING FUNDING.—In allocating
funding made available under paragraph (1) among the States
in accordance with subsection (c), the Secretary shall ensure
that each State that received funding under section 18(f) on
the day before the date of enactment of the Food, Conservation, and Energy Act of 2008 shall continue to receive sufficient
funding under this section to maintain the caseload level of the
State under that section as in effect on that date.
(3) EVALUATION FUNDING.—On October 1, 2008, out of any
funds made available under subsection (b)(2)(A) of section
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139

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 28

(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 2024. The Secretary shall be entitled to receive the
funds and shall accept the funds, without further appropriation.
øSEC. 27. 24 ø42 U.S.C. 1769h¿ ACCOMMODATION OF THE SPECIAL DIETARY NEEDS OF INDIVIDUALS WITH DISABILITIES.¿
SEC. 28. ø42 U.S.C. 1769i¿ PROGRAM EVALUATION.
(a) PERFORMANCE ASSESSMENTS.—
(1) IN GENERAL.—Subject to the availability

of funds made
available under paragraph (3), the Secretary, acting through

24 Sec.

27 repealed by sec. 441(a)(14) of P.L. 111–296, 124 Stat. 3264, Dec. 13, 2010.

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Sec. 29

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

140

the Administrator of the Food and Nutrition Service, may conduct annual national performance assessments of the meal programs under this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(2) COMPONENTS.—In conducting an assessment, the Secretary may assess—
(A) the cost of producing meals and meal supplements
under the programs described in paragraph (1); and
(B) the nutrient profile of meals, and status of menu
planning practices, under the programs.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000
for fiscal year 2004 and each subsequent fiscal year.
(b) CERTIFICATION IMPROVEMENTS.—
(1) IN GENERAL.—Subject to the availability of funds made
available under paragraph (5), the Secretary, acting through
the Administrator of the Food and Nutrition Service, shall conduct a study of the feasibility of improving the certification
process used for the school lunch program established under
this Act.
(2) PILOT PROJECTS.—In carrying out this subsection, the
Secretary may conduct pilot projects to improve the certification process used for the school lunch program.
(3) COMPONENTS.—In carrying out this subsection, the Secretary shall examine the use of—
(A) other income reporting systems;
(B) an integrated benefit eligibility determination
process managed by a single agency;
(C) income or program participation data gathered by
State or local agencies; and
(D) other options determined by the Secretary.
(4) WAIVERS.—
(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary may waive such provisions of this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) as are
necessary to carry out this subsection.
(B) PROVISIONS.—The protections of section 9(b)(6)
shall apply to any study or pilot project carried out under
this subsection.
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection such sums
as are necessary.
(c) COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.—States, State educational agencies, local educational agencies, schools, institutions, facilities, and contractors participating in
programs authorized under this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) shall cooperate with officials and contractors acting on behalf of the Secretary, in the conduct of evaluations and studies under those Acts.
SEC. 29. ø42 U.S.C. 1769j¿ ENSURING SAFETY OF SCHOOL MEALS.
(a) FOOD AND NUTRITION SERVICE.—Not later than 1 year

after
the date of enactment of the Healthy, Hunger-Free Kids Act of

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