.
School Meals Programs and Other USDA
Child Nutrition Programs: A Primer
Randy Alison Aussenberg
Specialist in Nutrition Assistance Policy
November 10, 2014May 8, 2015
Congressional Research Service
7-5700
www.crs.gov
R43783
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Summary
“Child nutrition programs” is an overarching term used to describe the U.S. Department of
Agriculture’s Food and Nutrition Service (USDA-FNS) programs that provide food for children
in school or institutional settings. The best known programs, which serve the largest number of
children, are the school meals programs: the National School Lunch Program (NSLP) and the
School Breakfast Program (SBP). The child nutrition programs also include the Child and Adult
Care Food Program (CACFP), which provides meals and snacks in day care and after school
settings; the Summer Food Service Program (SFSP), providing food during the summer months;
the Special Milk Program (SMP), supporting milk for schools that do not participate in NSLP or
SBP; and the Fresh Fruit and Vegetable Program (FFVP), which funds fruit and vegetable snacks
in elementary schools.
This report presents an overview of the benefits and services these programs and related activities
provide as well as participation and funding information. The report emphasizes details for the
school meals programs and provides an orientation to the operations of the other programs.
The child nutrition programs are largely open-ended, “appropriated entitlements,” meaning that
the funding is appropriated through the annual appropriations process, but the level of spending is
dependent on participation and the benefit and eligibility rules in federal law. Additionally,
recipients of appropriated entitlements may have legal recourse if Congress does not appropriate
the necessary funding. Federal cash funding and USDA commodity food support is guaranteed to
schools and other providers based on the number of meals or snacks served, who is served (e.g.,
free meals for poor children get higher subsidies), and legislatively established (and inflationindexed) per-meal reimbursement (subsidy) rates. In FY2013FY2014, federal spending on these programs
totaled over $19 billion. The vast majority of the child nutrition programs account is considered
mandatory spending, with trace amounts of discretionary funding for certain related activities.
The underlying laws covering the child nutrition programs were last reauthorized in 2010 in the
Healthy, Hunger-Free Kids Act of 2010 (HHFKA, P.L. 111-296). The legislation made significant
changes in child nutrition programs—including increasing federal financing for school lunches,
expanding access to community eligibility and direct certification options for schools, and
expanding eligibility options for child care homes. The law required an update to school meal
nutrition guidelines as well as new guidelines for food served outside the meal programs (e.g.,
vending machines and cafeteria a la carte lines). USDA updated the nutrition guidelines for
school meals, and these changes have been gradually implemented in school meals. For school
year 2014-2015, schools are following USDA rules that add nutrition guidelines for the non-meal
foods sold in schools. Further information on the 2010 reauthorization’s provisions can be found
in CRS Report R41354, Child Nutrition and WIC Reauthorization: P.L. 111-296; however, some
provisions will be discussed as part of this report’s program overview.
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Contents
Introduction and Background .......................................................................................................... 1
Authorization and Reauthorization ............................................................................................ 2
Federal, State, and Local Administration .................................................................................. 3
Funding Overview ..................................................................................................................... 3
Open-Ended, Appropriated Entitlement Funding ................................................................ 3
Other Federal Funding ........................................................................................................ 5
State, Local, and Participant Funds ..................................................................................... 5
Child Nutrition Programs at a Glance ....................................................................................... 5
Related Resources on Child Nutrition Programs and Policies .................................................. 7
School Meals Programs ................................................................................................................... 7
General Characteristics .............................................................................................................. 7
School Meals Eligibility Rules ............................................................................................ 9
National School Lunch Program (NSLP): Program-Specific Data and Policies ..................... 16
School Breakfast Program (SBP): Program-Specific Data and Policies ................................. 17
Other Child Nutrition Programs .................................................................................................... 18
Child and Adult Care Food Program (CACFP) ....................................................................... 19
CACFP at Centers ............................................................................................................. 20
CACFP for Day Care Homes ............................................................................................ 21
Summer Food Service Program (SFSP) .................................................................................. 22
Special Milk Program (SMP) .................................................................................................. 24
Fresh Fruit and Vegetable Program (FFVP) ............................................................................ 24
Support for After-School Meals and Snacks: CACFP, NSLP Options .......................................... 25
Related Programs, Initiatives, and Support Activities ................................................................... 27
Selected Current Issues in the USDA Child Nutrition Programs................................................... 28
Updated Nutrition GuidelinesStandards for Lunch and Breakfast (Final Rule, January 26, 2012) .......... 29
Nutrition GuidelinesStandards for All Foods Sold in Schools (Interim Final Rule, June 28,
2013) ........ 30
Updated Nutrition Standards for CACFP (Proposed Rule, January 9, 2015) ..................................................................................................................................... 3031
Figures
Figure 1. Federal, State, and Local Administration of Child Nutrition Programs ........................... 9
Figure 2. Overview of Certification for Free and Reduced-Price School Meals ........................... 14
Figure 3. National School Lunch Program, FY2013FY2014 Participation and Spending ......................... 16
Figure 4. School Breakfast Program, FY2013FY2014 Participation and Spending................................... 18
Figure 5. SFSP Participants and Meal Sites FY1989-FY2013FY1990-FY2014 ...................................................... 23
Tables
Table 1. Child Nutrition Programs at a Glance ................................................................................ 5
Table 2. Income Eligibility Guidelines for a Family of Four for National School Lunch
Program (NSLP) and School Breakfast Program (SBP) in the 48 States and DC ...................... 11
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Table 3. FY2012 and FY2013FY2013 and FY2014 Federal Expenditures for Child Nutrition Programs ..................... 26
Table A-1. Acronyms ..................................................................................................................... 3133
Table B-1. National School Lunch Program, Meals ...................................................................... 3234
Table B-2. National School Lunch Program, After-School Snacks ............................................... 3234
Table B-3. School Breakfast Program ........................................................................................... 3335
Table B-4. Value of Commodity Food Assistance, NSLP and CACFP (Centers) ......................... 3335
Table B-5. Child and Adult Care Food Program (CACFP), Child Care Centers, At-Risk
After-School Programs ............................................................................................................... 3335
Table B-6. Child and Adult Care Food Program (CACFP), Child Care Homes............................ 3436
Table B-7. Summer Food Service Program (SFSP)....................................................................... 3436
Table B-8. Special Milk Program .................................................................................................. 3537
Appendixes
Appendix A. Acronyms Used in This Report ................................................................................ 3133
Appendix B. Per-meal or Per-snack Reimbursement Rates for Child Nutrition Programs ........... 3234
Contacts
Author Contact Information........................................................................................................... 3537
Acknowledgments ......................................................................................................................... 3537
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Introduction and Background
The federal child nutrition programs provide assistance to schools and other institutions in the
form of cash, commodity food, and administrative support (such as technical assistance and
administrative cost aid) based on the provision of meals and snacks to children.1 In general, these
programs were created (and amended over time) to both improve children’s nutrition and provide
support to the agricultural economy.
Today, the child nutrition programs refer primarily to the following meal, snack, and milk
reimbursement programs (these and other acronyms are listed in Appendix A):2
•
National School Lunch Program (NSLP) (Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.));
•
School Breakfast Program (SBP) (Child Nutrition Act, Section 4 (42 U.S.C.
1773));
•
Child and Adult Care Food Program (CACFP) (Richard B. Russell National
School Lunch Act, Section 17 (42 U.S.C. 1766));
•
Summer Food Service Program (SFSP) (Richard B. Russell National School
Lunch Act, Section 13 (42 U.S.C. 1761)); and
•
Special Milk Program (SMP) (Child Nutrition Act, Section 3 (42 U.S.C.
1772)).
The programs provide financial support and/or foods to the institutions that prepare meals and
snacks served outside of the home (unlike other food assistance programs such as the
Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp Program) where
benefits are used to purchase food for home consumption). Though exact eligibility rules and
pricing vary by program, in general the amount of federal reimbursement is greater for meals
served to qualifying low-income individuals or at qualifying institutions, although most programs
provide some subsidy for all food served. Participating children receive subsidized meals and
snacks, which may be free or at reduced price. Forthcoming sections discuss how programspecific eligibility rules and funding operate.
This report describes how each program operates under current law, focusing on eligibility rules,
participation, and funding. This introductory section describes some of the background and
principles that generally apply to all of the programs; subsequent sections go into further detail on
the workings of each.
1
Unless stated otherwise, participation and funding data come from USDA-FNS’s “Keydata
Reports.”3
1
As discussed later in the report, the Child and Adult Care Food Program (CACFP) also supports food in adult day
care facilities, but the child nutrition programs overwhelmingly serve children.
2
Some lists also include the Fresh Fruit and Vegetable Program (FFVP) (Richard B. Russell National School Lunch
Act, Section 19 (42 U.S.C. 1769a)), a newer program that is financed in a much different way than the programs listed
below. FFVP is discussed further later in the report (“Fresh Fruit and Vegetable Program”).
3
This CRS report uses the June 2014 and April 2015 reports, which contain data through March 2014 and January
2015, respectively. Keydata Reports available at http://www.fns.usda.gov/data-and-statistics.
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Authorization and Reauthorization
The child nutrition programs are most often dated back to Congress’s 1946 passage of the
Richard B. Russell National School Lunch Act, which created the National School Lunch
Program, albeit in a
different form than it operates today.34 Most of the child nutrition programs do
not date back to
1946; they were added and amended in the decades to follow, as policymakers
expanded child
nutrition programs’ institutional settings and meals provided. The Special Milk
Program was
created in 1954.45 The School Breakfast Program was piloted in 1966, regularly
extended, and
eventually made permanent in 1975.56 A program for child care settings and summer
programs programs
was piloted in 1968, with separate programs authorized in 1975 and then made
permanent in
1978.67 These are now the Child and Adult Care Food Program7Program8 and Summer Food
Service Service
Program. The Fresh Fruit and Vegetable Program began as a pilot in 2002.89
The programs are now authorized under three major federal statutes: the Richard B. Russell
National School Lunch Act (originally enacted as the National School Lunch Act in 1946), the
Child Nutrition Act (originally enacted in 1966), and Section 32 of the act of August 24, 1935 (7
U.S.C. 612c).10 Congressional jurisdiction over the underlying three laws has typically been
exercised by the Senate Agriculture, Nutrition, and Forestry Committee; the House Education and
the Workforce Committee; and, to a limited extent (relating to commodity food assistance and
Section 32 issues), the House Agriculture Committee.
Congress periodically reviews and reauthorizes expiring authorities under these laws. The child
nutrition programs were most recently reauthorized in 2010 through the Healthy, Hunger-Free
Kids Act of 2010 (HHFKA, P.L. 111-296), and those authorities that expire do so after September
30, 2015 (the end of FY2015).911 NOTE: WIC (the Special Supplemental Nutrition Program for
Women, Infants, and Children) is also typically reauthorized with the child nutrition programs.
WIC is not one of the child nutrition programs and is not discussed in this report.10
312
4
P.L. 79-396. There were, however, a number of smaller, more temporary precursor school food programs prior to
1946; see Gordon W. Gunderson, National School Lunch Program: Background and Development, 1971,
http://www.fns.usda.gov/nslp/history. The 1946 law supported school lunch programs by giving formula grant funding
to states based on factors such as per capita income, rather than the current-day open-ended entitlements based largely
on eligibility and participation rules.
45
P.L. 83-690. Milk purchases and donations for schools did exist prior to the 1954 law.
56
Gordon W. Gunderson, National School Lunch Program: Background and Development, 1971,
http://www.fns.usda.gov/nslp/history.
67
P.L. 90-302, P.L. 94-105, P.L. 95-627. Institute of Medicine, Child and Adult Care Food Program: Aligning Dietary
Guidance for All, 2011, p. 30, http://www.iom.edu/reports/2010/child-and-adult-care-food-program-aligning-dietaryguidance-for-all.aspx.
78
Adult day care was added in 1987.
89
Farm Security and Rural Investment Act of 2002 (“2002 Farm Bill”; P.L. 107-171).
910
In 1999, P.L. 106-78 renamed the National School Lunch Act in Senator Richard B. Russell’s honor.
11
Reimbursements for NSLP, SBP, CACFP, SMP, and certain related USDA activities are permanently authorized.
SFSP, WIC, and WIC Farmers Market Nutrition Program, State Administrative Expenses (discussed in “Related
Programs, Initiatives, and Support Activities”), and certain related USDA activities have a September 30, 2015
expiration.
1012
See CRS Report R42353, Domestic Food Assistance: Summary of Programs, by Randy Alison Aussenberg and
Kirsten J. Colello.
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Federal, State, and Local Administration
The U.S. Department of Agriculture’s Food and Nutrition Service (USDA-FNS) administers the
programs at the federal level. The programs are operated by a wide variety of local public and
private providers, and the degree of direct state involvement varies by program and state. In rare
instances, the federal government (via USDA-FNS) takes the place of state agencies (e.g., where
a state has chosen not to operate a specific program or where there is a state prohibition on aiding
private schools).1113 At the state level, education, health, social services, and agriculture
departments all have roles; at a minimum, they are responsible for approving and overseeing local
providers such as schools, summer program sponsors, and child care centers and day care homes,
as well as making sure they receive the federal support they are due. At the local level, program
benefits are provided to millions of children (e.g., there were 3130.4 million in the National School
Lunch Program, the largest of the programs, in FY2013FY2014), through some 100,000 public and
private schools and residential child care institutions, about 200,000 child care centers and family
day care homes, and nearly 40,000 summer program sites.
All programs are available in the 50 states and the District of Columbia. Virtually all operate in
Puerto Rico, Guam, and the Virgin Islands (and, in differing versions, in the Northern Marianas
and American Samoa).1214
Funding Overview
This section summarizes the nature and extent to which the programs’ funding is mandatory and
discretionary, including a discussion of appropriated entitlement status. Table 3 lists child
nutrition program and related expenditures.
Open-Ended, Appropriated Entitlement Funding
Most spending for child nutrition programs is provided in annual appropriations acts to fulfill the
legal financial obligation established by the authorizing laws. That is, the level of spending for
such programs, referred to as appropriated entitlements, is not effectively controlled through the
annual appropriations process, but instead is derived from the benefit and eligibility criteria
specified in the authorizing laws. The appropriated entitlement funding is treated as mandatory
spending. Further, if Congress does not appropriate the funds necessary to fund the program,
eligible entities may have legal recourse.1315 Congress considers the Administration’s forecast for
program needs in its appropriations decisions. That funding is not capped and fluctuates based on
the reimbursement rates and the number of meals/snacks served in the programs.
In the meal service programs, such as the National School Lunch Program, School Breakfast
Program, summer programs, and assistance for child care centers and day care homes, federal aid
is provided in the form of statutorily set subsidies (reimbursements) paid for each meal/snack
1113
As of FY2012, FNS operates certain child nutrition programs for certain institution types in lieu of state agencies in
three states (Virginia, Georgia, and Colorado).
1214
For more information on child nutrition programs in the Northern Marianas and American Samoa, see Federal
Regional Council, Region IX; Outer Pacific Committee, Grants to the Outer Pacific: FY 2012, February 2013, p. 6.:
http://www.doi.gov/oia/pdf/Grants_to_OP_Final_MAR_10.pdf.
1315
GAO Budget Glossary, p. 13: http://www.gao.gov/new.items/d05734sp.pdf.
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served that meets federal nutrition guidelines. Although all (including full-price) meals/snacks
served by participating providers are subsidized, those served free or at a reduced price to lowerincome children are supported at higher rates. All federal meal/snack subsidy rates are indexed
annually (each July) for inflation, as are the income eligibility thresholds for free and reducedprice meals/snacks.1416 Subsequent sections will discuss how a specific program’s eligibility and
reimbursements work, but all rates are adjusted for inflation each school year.
Most subsidies are cash payments to
schools or other providers, but about 9% of
the total value of all aid is provided in the
form of USDA-purchased commodity
foods. Laws for three child nutrition
programs (NSLP, CACFP, and SFSP)
require the provision of commodity foods
(or in some cases allow cash in lieu of
commodity foods).1719
Meal and snack service entails non-food
costs. Federal child nutrition permeal/snack subsidies may be used to cover
local providers’ administrative and
operating costs. However, the separate
direct federal payments for
administrative/operating costs (State
Administrative Expenses, discussed in
“Related Programs, Initiatives, and
Support Activities”) are limited to expense
grants to state oversight agencies, a small
set-aside of funds for state audits of child
care sponsors, and special administrative
payments to sponsors of summer programs
and family day care homes.
Concept of a REIMBURSABLE MEAL in
the Child Nutrition Programs
A “reimbursable meal” (or snack in the case of some
programs) is a phrase used by USDA, state, and other child
nutrition policy and program operators to indicate a meal
(or snack) that meets federal requirements and thereby
qualifies for meal reimbursement.1517
In general, a meal or snack that is reimbursable means that it
is
•
served to the correctly eligible person and/or at the
eligible institution, and
•
in compliance with federal nutrition requirements for
the meal or snack.1618
In general, the level of reimbursement to an institution varies
according to federal law. In the school meals programs (with
some variation in other programs), the highest
reimbursement is paid for meals served free to eligible
children, a slightly lower reimbursement is paid for meals
served at a reduced price to eligible children, and a much
smaller reimbursement is also paid for meals served to
children who are either ineligible for assistance or not
certified. For this last group, the children pay the full price as
advertised but meals are still technically subsidized.
1416
Per-meal subsidies paid to providers (e.g. schools, child care centers) are indexed annually based on the CPI-U Food
Away from Home Component. For family child care homes, the annual indexing is based on the CPI-U Food at Home
Component.
1517
See, for example, definition of “reimbursement” at 7 C.F.R. 210.2.
1618
The authorizing statutes for all four of the main child nutrition programs include nutritional requirements for the
meals and snacks served; these are sometimes referred to as “nutrition standards,” “nutrition guidelines,” or “meal
patterns.” In most respects, the details of the requirements are specified in USDA-FNS regulations. The nutrition
guidelines differ by program, largely in consideration of the age groups fed, meals/snacks authorized, and perhaps the
settings in which meals are served. See program regulations for nutritional requirements: NSLP, 7 C.F.R. 210.10; SBP,
7 C.F.R. 220.8; CACFP, 7 C.F.R. 226.20; SFSP, 7 C.F.R. 225.16. The 2012 update of school meal nutrition guidelines
is discussed in “Selected Current Issues in the USDA Child Nutrition Programs.”
1719
See USDA-FNS Food Distribution Division resources for more information on USDA Foods and child nutrition
programs, http://www.fns.usda.gov/fdd/schoolscn-usda-foods-programs.
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Other Federal Funding
In addition to the open-ended, appropriated entitlement funds summarized above, the child
nutrition programs’ funding also includes certain other mandatory funding and a limited amount
of discretionary funding. Some of the activities discussed in “Related Programs, Initiatives, and
Support Activities,” such as Team Nutrition, are provided for with discretionary funding.
Aside from the appropriated funding, the child nutrition programs are also supported by certain
permanent appropriations and transfers—notably, funding for the Fresh Fruit and Vegetable
Program, which is funded by a transfer from USDA’s Section 32 program, a permanent
appropriation of 30% of the previous year’s customs receipts.
State, Local, and Participant Funds
Federal subsidies do not necessarily cover the full cost of the meals and snacks offered by
providers. States and localities contribute to cover program costs—as do children=s families (by
paying charges for non-free or reduced-price meals/snacks). There is a non-federal cost-sharing
requirement for the school meals programs, and some states supplement school funding through
additional state per-meal reimbursements or other prescribed financing arrangements.
Child Nutrition Programs at a Glance
The subsequent sections of this report delve into the details of how each of the child nutrition
programs support the service of meals and snacks in institutional settings; however, it may be
helpful for policymakers to begin with a broader perspective of primary program elements as they
consider policy objectives and related proposals. Table 1 is a simplified look at the different
programs, subtracting much of the nuance and detailed rules that the subsequent sections discuss.
In particular, this table displays each program’s distinguishing characteristics (what meals are
provided, in what settings, to what ages) and recent program spending (in order to see the relative
cost of the programs).
Table 1. Child Nutrition Programs at a Glance
Program
National
School Lunch
Program
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Authorizing
Statute
(Year First
Authorized)
Richard B.
Russell
National
School Lunch
Act (1946)
Congressional Research Service
Distinguishing
Characteristics
•
Lunches at school
•
Typically served in
schools, to pre-K-12
students, during the
school day and year
•
Possible to provide
meals during summer
and snacks.
FY2013FY2014
Expenditures
(in millions)
FY2013FY2014
Average
Daily
Participation
$12,214655
30.74 million
Maximum
Daily
Snack/Mealsa
One meal and
snack per child
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School Meals Programs and Other USDA Child Nutrition Programs: A Primer
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School
Breakfast
Program
Child
Nutrition Act
(1966)
•
Breakfasts at school
(also for K-12)
•
Typically served in
schools, to K-12
students, during the
school day and year
Child and Adult
Care Food
Program (child
care center,
day care
homes, adult
day care
centers)
Richard B.
Russell
National
School Lunch
Act (1968)
•
Meals and snacks in
early childhood and
adult day care settings
•
Rules and funding differ
based on type of
institution
Child and Adult
Care Food
Program (atrisk afterschool snacks
and meals)b
Richard B.
Russell
National
School Lunch
Act (1994)Child and Adult
Care Food
Program (child
care center,
day care
homes, adult
day care
centers)
Richard B.
Russell
National
School Lunch
Act (1968)
Child and Adult
Care Food
Program (atrisk afterschool snacks
and meals)b
Richard B.
Russell
National
School Lunch
Act (1994)
Summer Food
Service
Program
Richard B.
Russell
National
School Lunch
Act (1968)
Special Milk
Program
Fresh Fruit and
Vegetable
Program
Child
Nutrition Act
(1954)
Richard B.
Russell
National
School Lunch
Act (2002)
•
Breakfasts at school
(also for K-12)
•
Typically served in
schools, to K-12
students, during the
school day and year
•
Meals and snacks in
early childhood and
adult day care settings
•
Rules and funding differ
based on type of
institution
•
Supper and snacks for
school-age children
after-school
•
Eligibility based on area
eligibility
Summer Food
Service
Program
Richard B.
Russell
National
School Lunch
Act (1968)
•
Meals and snacks
provided during
summer months
•
Sites vary and include
schools, community
centers, camps, parks,
and others
•
Eligibility rules vary for
“open” and “closed”
sites
•
Subsidizes milk, not
meals or snacks
•
Institutions eligible
must not participate in
NSLP or SBP.
•
Provides free fresh fruit
and vegetable snacks to
elementary school
students
Special Milk
Program
Fresh Fruit and
Vegetable
Program
Child
Nutrition Act
(1954)
Richard B.
Russell
National
School Lunch
Act (2002)
$3,514$3,686
13.26 million
Generally one
breakfast per
child, with
some flexibility
$2,992
3.63,135
3.8 million
children;
116122,000 adults
Two meals and
one snack, or
one meal and
two snacks per
participant
(Not available;
included in
CACFP total
above)
727977,000
children
(included in
CACFP
children above)
One meal and
one snack per
child
$428465
2.46 millionc
Lunch and
breakfast or
lunch and one
snack per child
(includes atrisk afterschool
spending,
described
below)
Exception:
maximum of
three meals for
camps or
programs that
serve primarily
migrant
children
$11
246222,000 halfpints servedservedd
Not specified
$165d168e
Not available
Not applicable
Source: ParticipationExcept where noted, participation and funding data from USDA-FNS Key Data Report, March 2014.
generated April
10, 2015, based on data through January 2015.
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a.
These maximums are provided in the authorizing law for CACFP and SFSP, but specified only in regulations
(7 C.F.R. 210.10(a), 220.9(a)) for NSLP and SBP.
b.
At-risk after-school snacks and meals are part of CACFP law and CACFP funding, but differ in their rules
and the age of children served.
c.
Based only on July (2013) data.
d.
Funding level for school year 2013-2014 , not FY20132014 participation data.
d.
Data from p. 32-63 of FY2016 USDA-FNS Congressional Budget Justification.
e.
Obligations data from p. 32-15 of FY2016 USDA-FNS Congressional Budget Justification.
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Related Resources on Child Nutrition Programs and Policies
Other relevant CRS reports in this area include18include20
•
CRS Report R41354, Child Nutrition and WIC Reauthorization: P.L. 111-296;
•
CRS Report R42353, Domestic Food Assistance: Summary of Programs;
•
CRS Report R43669, Agriculture and Related Agencies: FY2015 Appropriations;
•
CRS Report RL34081, Farm and Food Support Under USDA’s Section 32
Program.
Further information about child nutrition programs also may be found at USDA-FNS’s website,
http://www.fns.usda.gov/cnd/.
Resources for Tracking the Implementation of
the Healthy, Hunger-Free Kids Act of 2010 (P.L. 111-296)
CRS Report R41354, Child Nutrition and WIC Reauthorization: P.L. 111-296 (also listed above) summarizes
the most recent reauthorization section-by-section. Although the Senate version of the legislation became law, the
report also includes differences from the House bill.
USDA Resources:
•
USDA-FNS keeps a clearinghouse of Healthy, Hunger-Free Kids Act of 2010 resources and implementation
updates on the web: http://www.fns.usda.gov/school-meals/healthy-hunger-free-kids-act.
•
USDA-FNS’s anticipated timeline for implementation can be found at http://www.fns.usda.gov/cnd/Governance/
Legislation/implementation_actions.pdf.
Federal Register—https://www.federalregister.gov/topics/nutrition—The Federal Register allows you to browse by
topic. The nutrition listing, while not exclusively child nutrition or P.L. 111-296 news, gives a glimpse of related
notices.
School Meals Programs
This section discusses the school meals programs: the National School Lunch Program (NSLP)
and the School Breakfast Program (SBP). Principles and concepts common to both programs are
discussed first; subsections then discuss features and data unique to the NSLP and SBP,
respectively.
General Characteristics
The federal school meals programs provide federal support in the form of cash assistance and
USDA commodity foods; both are provided according to statutory formulas based on the number
of reimbursable meals served in schools. The subsidized meals are served by both public and
private nonprofit elementary and secondary schools and residential child care institutions
18
(RCCIs)21 that opt to enroll and guarantee to offer free or reduced-price meals to eligible low20
Archived historical reports that may provide useful background include CRS Report RL33829, Domestic Food
Assistance and the 2008 Farm Bill and CRS Report RL33299, Child Nutrition and WIC Legislation in the 108th and
109th Congresses.
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(RCCIs)19 that opt to enroll and guarantee to offer free or reduced-price meals to eligible lowincome
21
This CRS report refers to “schools,” but it should be understood that – for NSLP and SBP – it means both schools
(continued...)
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income children. Both cash and commodity support to participating schools is calculated based on
the number and price of meals served (e.g., lunch or breakfast, free or full price), but once the aid
is received by the school it is used to support the overall school meal service budget, as
determined by the school. This report focuses on the federal reimbursements and funding, but it
should be noted that some states have provided state financing through additional state-specific
funding.2022
Federal law does not require schools to participate in the school meals programs. However, some
states have mandated that schools provide lunch and/or breakfast, and some of these states require
that their schools do so through NSLP and/or SBP.2123 The program is open to public and private
schools. Based on USDA-FNS and National Center for Education Statistics data, it can be
estimated that in school year 2011-2012, 91% of public schools and 19% of private schools
participated in NSLP, while 83% of public schools and over 9% of private schools participated in
SBP.2224
A reimbursable meal requires compliance with federal school nutrition standards, which have
changed throughout the history of the program based on nutritional science and children’s
nutritional needs. Food items not served as a complete meal meeting nutrition standards (e.g., a la
carte offerings) are not reimbursable meals, and therefore are not eligible for federal per-meal,
per-snack reimbursements. Following rulemaking to implement P.L. 111-296 provisions, the
standards for reimbursable meals were updated in January 2012, and USDA also has provided
nutrition standards for the non-meal foods served in schools during the school day (See “Selected
Current Issues in the USDA Child Nutrition Programs” for more on these policies).
USDA-FNS administers the school meals programs federally, and state agencies (typically state
departments of education) oversee and transmit reimbursements through agreements with school
food authorities (SFAs) (typically local educational agencies (LEAs); usually these are school
districts). Figure 1 provides an overview of the roles and relationships between these levels of
government.
There is a cost-sharing requirement for the programs, which amounts to a contribution of
approximately $200 million from the states.2325 There also are states that choose to supplement
federal reimbursements with their own state reimbursements.24
19
This CRS report refers to “schools,” but it should be understood that – for NSLP and SBP – it means both schools26
(...continued)
and RCCIs. NSLP regulations, 7 C.F.R. 210.2, define RCCIs as follows: “The term ‘residential child care institutions’
includes, but is not limited to: homes for the mentally, emotionally or physically impaired, and unmarried mothers and
their infants; group homes; halfway houses; orphanages; temporary shelters for abused children and for runaway
children; long-term care facilities for chronically ill children; and juvenile detention centers. A long-term care facility is
a hospital, skilled nursing facility, intermediate care facility, or distinct part thereof, which is intended for the care of
children confined for 30 days or more.”
2022
See School Nutrition Association, State School Meal Mandates and Reimbursements: School Year 2014-2015,
September 17, 2014, http://www.schoolnutrition.org/uploadedFiles/Legislation_and_Policy/SNA_Policy_Resources/
2014-15StateSchoolMealMandatesandReimbursements.pdf.
2123
Ibid.
2224
2011-2012 is the most recent year that total schools data is available from National Center for Education Statistics
(http://nces.ed.gov/programs/digest/d13/tables/dt13_214.10.asp). Participating public and private schools provided by
USDA-FNS. These percentages are an estimate due to the possibility that the data sources define schools differently or
at different points in time.
2325
Section 7(a)(1) of Richard B. Russell National School Lunch Act, codified at 42 U.S.C. 1756(a)(1). Section 7(f) of
(continued...)Child Nutrition Act, codified at 42 U.S.C. 1776(f).
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Figure 1. Federal, State, and Local Administration of Child Nutrition Programs
Source: Government Accountability Office (GAO), GAO-14-262, p. 47.
School Meals Eligibility Rules
The school meals programs and related funding do not serve only low-income children. All
students can receive a meal at a NSLP- or SBP-participating school, but how much the child pays
for the meal and/or how much of a federal reimbursement the state receives will depend largely
on whether the child qualifies for a “free,” “reduced-price,” or “paid” (i.e., advertised price) meal.
Both NSLP and SBP use the same household income eligibility criteria and categorical eligibility
rules. States and schools receive the largest reimbursements for free meals, smaller
reimbursements for reduced-price meals, and the smallest (but still some federal financial
support) for the full-price meals.
(...continued)
Child Nutrition Act, codified at 42 U.S.C. 1776(f).
24
Whether a child receives a free or reduced-price meal depends on three groups of federal rules:
(...continued)
26
See School Nutrition Association, State School Meal Mandates and Reimbursements: School Year 2014-2015,
September 17, 2014.
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Whether a child receives a free or reduced-price meal depends on three groups of federal rules:
.
1. Household income eligibility rules for free and reduced-price meals
(information typically collected via household application),
2. Categorical (or automatic) eligibility rules (information collected via
household application or a direct certification process), and
3. School-wide free meals under the Community Eligibility Provision (CEP), an
option for eligible schools that is based on the share of students identified as
eligible for free meals.2527
Each of these groups is discussed in more detail below.
Income Eligibility Rules
The income eligibility thresholds (summarized below) are based on multipliers of the federal
poverty guidelines. As the poverty guidelines are updated every year, so are the eligibility
thresholds for NSLP and SBP.
•
Free Meals: Children receive free meals if they have household income below
130% of the federal poverty guidelines; these meals receive the highest subsidy
rate. (Reimbursements are approximately $3.00 per lunch served, less for
breakfast.)
•
Reduced-Price Meals: Children may receive reduced-price meals (charges of no
more than 40 cents for a lunch or 30 cents for a breakfast) if their household
income is between 130% and 185% of the federal poverty guidelines; these meals
receive a subsidy rate that is 40 cents (NSLP) or 30 cents (SBP) below the free
meal rate. (Reimbursements are approximately $2.60 per lunch served.)
•
Paid Meals: A comparatively small per-meal reimbursement is provided for fullprice or paid meals served to children whose families do not apply for assistance
or whose family income does not qualify them for free or reduced-price meals.2628
The paid meal price is set by the school but must comply with federal
regulations.2729 (Reimbursements are approximately 30 cents per lunch served.)
The annual income thresholds for meal assistance for school year 2014-2015 are listed below in
Table 2, and the exact federal reimbursement rates for NSLP and SBP are listed in Table B-1 and
Table B-3, respectively.
2527
CEP is not the only way schools may provide universal free meal service, but it is unique in that it does not require
the collection of applications.
2628
The subsidy for paid meals is provided under the authority of Section 4 of the Richard B. Russell National School
Lunch Act. Section 4 establishes two different payment levels: one for schools in which less than 60% of the school
population is participating in free or reduced-price lunch and one for schools in which 60% or more of the school
population is receiving free or reduced price lunch. Please see http://www.fns.usda.gov/cnd/Governance/notices/naps/
NAPs11-12.pdf for these reimbursement rates. USDA also establishes a “maximum [reimbursement] rate” intended to
ensure that states distribute federal funding to all participating school food authorities relatively equally.
2729
The 2010 reauthorization established a policy intended to assure that paid meal revenues were covering the costs of
producing a meal. See FNS regulation and resources on paid meal equity http://www.fns.usda.gov/cnd/governance/
regulations/2011-06-17.pdf.
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Table 2. Income Eligibility Guidelines for a Family of Four for National School Lunch
Program (NSLP) and School Breakfast Program (SBP) in the 48 States and DC
Income Eligibility Requirements for School Year 2014-2015
Meal Type
Income Eligibility Threshold
(% of the Federal Poverty Level)
Free
Reduced-Price
Annual Income for a
Family of Foura
<130%
<$31,055
130-185%
$31,055 - $44,123
Source: USDA, Food and Nutrition Service, “Child Nutrition Programs-Income Eligibility Guidelines,” 79 Federal
Register 12467-12469, March 5, 2014.
Note: This school year is defined as July 1, 2014, through June 30, 2015.
a.
For other years, household sizes, Alaska, and Hawaii, see USDA-FNS website: http://www.fns.usda.gov/
school-meals/income-eligibility-guidelines.
Households complete paper or online applications that collect relevant income and household size
data so the school district may determine if children in the household are eligible for free meals,
reduced-price meals, or neither.
Note: Though these income guidelines primarily influence funding and administration of the
schools, institutions, and facilities participating in the NSLP and SBP, they are also referenced in
the eligibility rules for the SFSP, CACFP, and SMP. As described in subsequent sections, some of
these programs use income thresholds to determine an institution’s area eligibility, rather than
individual household eligibility.
Categorical Eligibility for Free Meals
In addition to the eligibility thresholds listed above, the school meals programs also convey
eligibility for free meals based on household participation in certain other need-tested programs
or children’s specified vulnerabilities (e.g., foster children). Per Section 12 of the National School
Lunch Act, “a child shall be considered automatically eligible for a free lunch and breakfast ...
without further application or eligibility determination, if the child is”:2830
•
in a household receiving benefits through SNAP (Supplemental Nutrition
Assistance Program) or FDPIR (Food Distribution Program on Indian
Reservations, a program that operates in lieu of SNAP on some Indian
reservations) benefits, or TANF (Temporary Assistance for Needy Families) cash
assistance;
•
enrolled in Head Start;
•
in foster care;
•
a migrant;
2830
See Section 9(b)(12)(A) of the Russell National School Lunch Act, codified at 42 U.S.C. 1758(b)(12)(A), for the
more specific definitions of these categories.
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•
a runaway; or
•
homeless.2931
For meals served to students certified in the above categories, the state/school will receive
reimbursement at the free meal amount and children receive a free meal. (See Table B-1 and
Table B-3 for school year 2014-2015 rates).
Some school districts collect information for these categorical eligibility rules via paper
application. Others conduct a process called direct certification—a proactive process where the
government agencies typically cross-check their program rolls and certify a household’s children
for free school meals without the household having to complete a school meals application.
Prior to 2004, it was a state option to conduct direct certification of SNAP (then, the Food Stamp
Program), TANF, and FDPIR participants. In the 2004 child nutrition reauthorization (P.L. 108265), states were required under federal law to conduct direct certification for SNAP participants,
with nationwide implementation taking effect in school year 2008-2009. The Healthy, HungerFree Kids Act of 2010 (HHFKA; P.L. 111-296) made further policy changes to expand the impact
of direct certification (discussed further in the next section). Conducting direct certification for
TANF and FDPIR remains at the state’s discretion.
Under SNAP direct certification rules generally, schools enter into agreements with SNAP
agencies to certify children in SNAP households as eligible for free school meals without
requiring a separate application from the family. Direct certification systems match student
enrollment lists against SNAP agency records, eliminating actions for the child’s parents or
guardians. Direct certification allows schools to make use of the more in-depth eligibility
certification done for SNAP; this can reduce errors that may occur in school lunch application
eligibility procedures that are otherwise used.3032 From a program access perspective, direct
certification also reduces applications for a household to complete.
Figure 2, created by GAO and published in their May 2014 report, provides an overview of how
school districts certify students for free and reduced meals under the income-based and categorybased rules, via applications and direct certification.3133 Using available data from school year
2012-2013, approximately 52% of students certified to receive free school meals were directly
certified.32
2934
31
Note: From this list, SNAP, FDPIR, and TANF have income limits, but the other qualifications, as defined, in the
statute, are not limited by income. In addition to the above list, following HHFKA’s authorization of a new
demonstration authority, some states are direct certifying children based on Medicaid (limited to households below
133% of poverty). For school year 2014-2015, per USDA-FNS, seven states are participating in this demonstration
(California, Florida, Illinois, Kentucky, Massachusetts, New York, Pennsylvania). See also USDA-FNS, Request for
Applications for Participation In Demonstration Projects to Evaluate Direct Certification with Medicaid, p. 6,
http://www.fns.usda.gov/sites/default/files/dcm-year3rfa.pdf.
3032
See, for example, U.S. Government Accountability Office, School-Meals Programs: USDA Has Enhanced Controls,
but Additional Verification Could Help Ensure Legitimate Program Access, GAO-14-262, May 2014, pp. 16-19,
http://www.gao.gov/products/GAO-14-262.
3133
U.S. Government Accountability Office, School-Meals Programs: USDA Has Enhanced Controls, but Additional
Verification Could Help Ensure Legitimate Program Access, GAO-14-262, May 2014, http://www.gao.gov/products/
GAO-14-262.
3234
Total certified from USDA-FNS administrative data for October 2012; direct certification total from Quinn Moore,
Kevin Conway, and Brandon Kyler, et al., Direct Certification in the National School Lunch Program: State
(continued...)
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HHFKA made additional policy changes to federal law that would expand and incentivize states
to make full use of direct certification. The law created a demonstration project to look at
expanding categorical eligibility and direct certification to Medicaid households. It also funded
performance incentive grants for high-performing states and authorized correcting action
planning for low-performing states.3335
(...continued)
Implementation Progress School Year 2012-2013: Report to Congress, Mathematica Policy Research for USDA-FNS,
November 2013, p. 19, http://www.fns.usda.gov/direct-certification-national-school-lunch-program-stateimplementation-progress-school-year-2012.
3335
See CRS Report R41354, Child Nutrition and WIC Reauthorization: P.L. 111-296, by Randy Alison Aussenberg for
further discussion of these and related policies.
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Figure 2. Overview of Certification for Free and Reduced-Price School Meals
Highlights Household Application and Direct Certification Pathways
Source: Figure and figure notes (below) from Government Accountability Office (GAO), GAO-14-262, p. 13.
a Students who meet an approved designation—(1) homeless, runaway, or migrant; (2) foster child; or
(3) enrolled in a federally funded Head Start Program—are categorically eligible for free school meals.
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Community Eligibility Provision: An Option for Eligible Schools to Offer Free
Meals to All Enrolled Students34Students36
HHFKA also authorized the school meals Community Eligibility Provision (CEP), an option in
NSLP and SBP law that allows eligible schools and school districts to offer free meals to all
enrolled students based on the percentage of their students who are identified as automatically
eligible from non-household application sources, primarily direct certification through other
programs.3537
Based on the statutory parameters, USDA-FNS has phased-in this option over the last several
school years, and it was made available nationwide for school year 2014-2015. LEAs had until
August 31, 2014, to notify USDA-FNS if they will participate in CEP.36 According to USDA-FNS,
13,819 schools in 2,218 school districts opted into CEP for 2014-2015.38
For a school (or school district, or group of schools within a district) to provide free meals to all
children, the following must align:
•
the school(s) must be eligible for CEP, based on the share (40% or greater) of its
enrolled children that can be identified as categorically (or automatically) eligible
for free meals, and
•
the school must opt-in to CEP.
Though CEP schools serve free meals to all students, they are not reimbursed at the “free meal”
rate for every meal. Instead, the law provides a funding formula: the percentage of students
identified as automatically eligible is multiplied by a factor of 1.6; the result is the percentage of
meals served that will be reimbursed at the free meal rate, with the remainder reimbursed at the
far smaller paid meal rate. As an example, if a CEP school identifies that 40% of students are
eligible for free meals, then 64% of the meals served will be reimbursed at the free meal rate and
36% at the paid meal rate.3739 Schools that identify 62.5% or more students as eligible for free
meals receive the free meal reimbursement for all meals served.
Some of the considerations that impact a school’s decision may include whether the new funding
formula would ultimately be beneficial for their school meal budget; an interest in reducing
paperwork for families and schools; and an interest in providing more free meals, including meals
to students who have not participated in the program before.
34
36
Explanation here draws in part from Madeleine Levin and Zoe Neuberger, Improving Direct Certification Will Help
More Low-Income Children Receive School Meals, Center on Budget and Policy Priorities & Food Research and
Action Center, July 25, 2014, p. 3.
3537
Aside from CEP, schools may also provide universal free meal service through the “Provision 2” and “Provision 3”
options. CEP is unique in that no school meal applications are required. For information on other options, see USDAFNS website, http://www.fns.usda.gov/school-meals/provisions-1-2-and-3.
36
See also USDA-FNS regulations and resources on CEP, http://www.fns.usda.gov/school-meals/communityeligibility-provision.
3738
Participating institutions from USDA-FNS data at http://www.fns.usda.gov/sites/default/files/cn/state-cep-electiondata.pdf. See other USDA-FNS CEP resources at http://www.fns.usda.gov/school-meals/community-eligibilityprovision. The Center on Budget and Policy Priorities calculated states’ Community Eligibility Provision participation
rates in 2014-2015; see Zoe Neuberger, Becca Segal, and Catlin Nchako, et al., Take Up of Community Eligibility This
School Year, Center on Budget and Policy Priorities, February 25, 2015, http://www.cbpp.org/research/take-up-ofcommunity-eligibility-this-school-year.
39
Though, to the children of community eligibility schools, all meals are free, the USDA-FNS school meals
expenditure data used throughout this report counts these meals served in a more nuanced fashion. The percentage
derived through this calculation is used to record those meals that are “free” and those meals that are “paid” ( i.e., using
the example from above, USDA-FNS data would reflect 64% of the meals served in the school as a “free” expenditure
and meal served, and 36% as “paid”).
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paperwork for families and schools; and an interest in providing more free meals, including meals
to students who have not participated in the program before.
National School Lunch Program (NSLP): Program-Specific Data
and Policies
Figure 3 shows FY2013FY2014 participation and spending data. In that year, NSLP subsidized nearly 5.1over 5.0
billion lunches38lunches to children in over 99nearly 96,000 schools and nearly 5,0004,200 RCCIs. Average daily
participation was 30.74 million students (5958.0% of the 51.652.5 million children enrolled in participating
participating schools and RCCIs). Of the participating students, 58% (18.963% (19.2 million) received free
lunches and
8.5 8.1% (2.65 million) received reduced-price lunches. The remainder were served full-pricefullprice meals,
though schools still receive a reimbursement for these meals.
FY2013FY2014 federal school lunch costs totaled approximately $12.7 billion (see Table 3 for the various
various components of this total). About 7574% of the NSLP cash assistance funding was used to subsidize
subsidize free and reduced-price lunches.
Figure 3. National School Lunch Program, FY2013FY2014 Participation and Spending
Percent of Participants and Non-participants Is Based on Enrollment at NSLP Participating Schools
Source: Figure created by CRS based on FY2014 data from the U.S. Department of Agriculture, Food and Nutrition
Nutrition Service.
Notes: Numbers may not add due to rounding. In order to reflect participation for the actual school year
(September through May), these participation
estimates are based on nine-month averages of October through
May, plus September, rather than averages of
the 12 months of the fiscal year (October through September).
HHFKA also provided an additional 6-cent per-lunch reimbursement to schools that provide
meals that meet the updated nutritional guidelines requirements.3940 This bonus is not provided for
38
This is an average of approximately 523 million lunches per month, using data from October 2012 through May
2013.
39
40
In January 2014, USDA-FNS issued a final rule implementing the 6-cent reimbursement: USDA-FNS, “Certification
of Compliance With Meal Requirements for the National School Lunch Program Under the Healthy, Hunger-Free Kids
Act of 2010,” 79 Federal Register 326, January 3, 2014. Note: 6-cent increase authorized is also indexed for inflation.
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breakfast, but funds may be used to support schools’ breakfast programs. NSLP lunch
reimbursement rates are listed in Table B-1.
In addition to federal cash subsidies, schools participating in NSLP receive USDA-acquired
commodity foods. Schools are entitled to a specific, inflation-indexed value of USDA commodity
foods for each lunch they serve. Also, schools may receive donations of bonus commodities
acquired by USDA in support of the farm economy.4041 In recent years, the value of federal
commodity food aid to schools has totaled over $1 billion a year. The per-meal rate for
commodity food assistance is included in Table B-4.
While the vast majority of NSLP funding is for lunches served during the school day, during the
school year, NSLP may also be used to support snack service and to serve meals during the
summer. These features are discussed in subsequent sections, “Summer Food Service Program
(SFSP)” and “Support for After-School Meals and Snacks: CACFP, NSLP Options.”
Reimbursement rates for snacks are listed in Table B-2.
School Breakfast Program (SBP): Program-Specific Data
and Policies
The School Breakfast Program (SBP) provides per-meal cash subsidies for breakfasts served in
schools. Participating schools receive subsidies based on their status as a severe need or nonsevere need institution. Schools can qualify as a severe need school if 40% or more of their
lunches are served free or at reduced prices. See Table B-3 for SBP reimbursement rates.
Figure 4 displays FY2013FY2014 SBP participation and spending data. In that year, SBP subsidized
about 2nearly 2.3 billion breakfasts in approximately 85over 86,000 schools and over 4,1004,500 RCCIs.41 Average daily
participation was 13.26 million children (over 27nearly 28% of the students enrolled in participating schools
schools and RCCIs). The majority of meals served through SBP are free or reduced price. Of the
participating students in FY2013, 76FY2014, 77% (10.25 million) received free meals and 8over 7% (1.0
million)
purchased reduced price meals.
Significantly fewer schools and fewer students participate in SBP than in NSLP. Participation in
SBP tends to be lower for several reasons, including the (traditionally) required early arrival by
students in order to receive a meal and eat before school starts. Appropriation laws in FY2012,
FY2013, FY2014, and proposals in FY2015, have included dedicated grants for school breakfast
expansion.42 Some schools offer (and anti-hunger groups have encouraged) models of breakfast
service that can result in greater SBP participation, such as Breakfast in the Classroom, where
meals are delivered in the classroom; “grab and go” carts, where students receive a bagged
4041
USDA commodity foods are foods purchased by the USDA for distribution to USDA nutrition programs. These
programs distribute “entitlement commodities” (an amount of USDA foods to which grantees are entitled by law) as
well as “bonus commodities” (USDA food purchases based on requests from the agricultural producer community). For
more information see CRS Report R42353, Domestic Food Assistance: Summary of Programs; or CRS Report
RL34081, Farm and Food Support Under USDA’s Section 32 Program.
41
This is an average of approximately 227 million breakfasts per month during the school year, using data from
October 2012 through May 2013.
42
CRS Report R43669, Agriculture and Related Agencies: FY2015 Appropriations, coordinated by Jim Monke. See
Table 10.
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breakfast that they bring to class, or serving breakfast later in the day in middle and high
schools.43
Unlike NSLP, commodity food assistance is not a formal part of SBP funding; however,
commodities provided through NSLP may be used for school breakfasts as well.
Figure 4. School Breakfast Program, FY2013FY2014 Participation and Spending
Percent of Participants and Non-participants Is Based on Enrollment at SBP Participating Schools
Source: Figure created by CRS based on FY2014 data from the U.S. Department of Agriculture, Food and Nutrition
Nutrition Service.
Notes: In order to reflect participation for the actual school year (September through May), these estimates are
based on nine-month averages of October through May, plus September, rather than averages of the 12 months
of the fiscal year (October through September). The federal government provides a small subsidy for full-price
meals.
Other Child Nutrition Programs
In addition to the school meals programs discussed above, federal child nutrition programs
provide for federal subsidies and commodity food assistance for schools and other institutions
that offer meals and snacks to children in early childhood, summer, or after-school settings. This
assistance is provided to (1) schools and other governmental institutions, (2) private for-profit and
nonprofit child care centers, (3) family/group day care homes, and (4) nongovernmental
institutions/organizations that offer outside-of-school programs for children. (Although this report
focuses on the programs that serve children, one child nutrition program (CACFP) also serves
day care centers for chronically impaired adults and elderly persons under the same general per43
permeal/snack subsidy terms.) The programs in the sections to follow serve comparatively fewer
children and spend comparatively fewer federal funds than the school meal programs. This report
discusses these smaller programs in comparatively less detail.
43
See Food Research and Action Center, “Expanding School Breakfast Participation,” http://frac.org/federalfoodnutrition-programs/school-breakfast-program/breakfast-in-the-classroom/ (Accessed October 3, 2014). This
website also lists different funding options for offering free breakfast universally.
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meal/snack subsidy terms.) The programs in the sections to follow serve comparatively fewer
children and spend comparatively fewer federal funds than the school meal programs. This report
discusses these smaller programs in comparatively less detail.
Child and Adult Care Food Program (CACFP)
CACFP subsidizes meals and snacks served in early childhood, day care, and after-school
settings. CACFP provides subsidies for meals and snacks served at participating non-residential
child care centers, family day care homes, and (to a lesser extent) adult day care centers. The
program also provides assistance for meals served at after-school programs. CACFP
reimbursements are available for meals and snacks served to children age 12 or under, migrant
children age 15 or under, children with disabilities of any age, and (in the case of adult care
centers) chronically impaired and elderly adults. Pre-school age children form the overwhelming
majority of those served by the program.
CACFP provides federal reimbursements for breakfasts, lunches, suppers, and snacks served in
participating centers (facilities or institutions) or day care homes (private homes). The eligibility
and funding rules for CACFP meals and snacks depends, first, on whether the participating
institution is a center or a day care home. This section provides an overview of the program
generally, while the next two sections will discuss the rules specific to centers and day care
homes. According to FY2013FY2014 CACFP data, child care centers have an average daily attendance of
about 4850 children, day care homes have an average daily attendance of approximately 67 children,
and adult day care centers typically care for an average of 4645 chronically ill or elderly adults.44
Subsidized CACFP meals and snacks must meet program-specific federal nutrition standards, and
providers must demonstrate that they comply with government-established standards for other
child care programs. Like in school meals, federal assistance is made up overwhelmingly of cash
reimbursements calculated based on the number of meals/snacks served and federal permeal/snack reimbursements rates, but about 1% of aid is in the form of federal USDA commodity
foods. Federal CACFP reimbursements flow to individual providers either directly from the
administering state agency (this is the case with many child/adult care centers able to handle their
own CACFP administrative functions) or through “sponsors” who oversee and provide
administrative support for a number of local providers (this is the case with some child/adult care
centers and with all day care homes). In many cases, sponsor organizations that provide
administrative support to multiple providers also are paid federal reimbursements for their costs.
Day care homes must have a sponsoring organization; while child care centers may have a
sponsor but are not required to do so.
In FY2013FY2014, total CACFP spending was nearly $3over $3.1 billion, including cash reimbursement,
commodity food assistance, and costs for sponsor audits. (See Table 3 for a further breakdown of
CACFP costs.) This spending total also includes the after-school meals and snacks provided
through CACFP’s “at-risk after-school” pathway; this aspect of the program is discussed later in
“Support for After-School Meals and Snacks: CACFP, NSLP Options.” CACFP also supports
meals in emergency shelters.45
44
45
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See http://www.fns.usda.gov/cacfp/emergency-shelters for further information.
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CACFP at Centers
Participation
Child care centers in CACFP can be (1) public or private nonprofit centers, (2) Head Start centers,
(3) for-profit proprietary centers (if they meet certain requirements as to the proportion of lowincome children they enroll), and (4) shelters for homeless families. Adult day care centers
include public or private nonprofit centers and for-profit proprietary centers (if they meet
minimum requirements related to serving low-income disabled and elderly adults).46 In FY2013FY2014,
approximately 5759,000 child care centers with an average daily attendance of 2.7 million children
nearly 3 million
children participated in CACFP. Approximately 2,700 adult care centers, serving 116122,000 adults, were
were served through CACFP.
Eligibility and Administration
Participating centers may receive daily reimbursements for up to either two meals and one snack
or one meal and two snacks for each participant, so long as the meals and snacks meet federal
nutrition standards.
The eligibility rules for CACFP centers largely track those of NSLP. The same income guidelines
apply for CACFP centers (see Table 2), based on 130% and 185% of the current poverty line.
Participation in the same categorical eligibility programs as well as foster child status convey
eligibility for free meals.47 Like school meals, all meals and snacks served in the centers are
federally subsidized to some degree, even those that are paid. Different reimbursement amounts
are provided for breakfasts, lunches/suppers, and snacks, and reimbursement rates are set in law
and indexed for inflation annually. The largest subsidies are paid for meals and snacks served to
participants with family income below 130% of the federal poverty income guidelines (the
income limit for free school meals), and the smallest to those who have not met a means test. Like
school meals, eligibility is determined through paper applications or direct certification processes.
See Table B-5 for current CACFP center reimbursement rates.
Unlike school meals, CACFP institutions are less likely to collect per-meal payments. Although
federal assistance for day care centers differentiates by household income, centers have discretion
on their pricing of meals. Centers may adjust their regular fees (tuition) to account for federal
payments, but CACFP itself does not regulate these fees. In addition, centers can charge
separately for meals/snacks, so long as there are no charges for children meeting free-meal/snack
income tests and limited charges for those meeting reduced-price income tests.
Independent centers are those without sponsors handling administrative responsibilities. These
centers must pay for administrative costs associated with CACFP out of non-federal funds or a
portion of their meal subsidy payments. For centers with sponsors, the sponsors may retain a
proportion of the meal reimbursement payments they receive on behalf of their centers to cover
their costs.
46
Participating adult care programs “should be structured, comprehensive and provide health and social support
services to enrolled participants. Centers that simply provide social or rehabilitative services to adults do not qualify to
participate in CACFP.” http://www.fns.usda.gov/cnd/care/Regs-Policy/AdultCare/Adultfaqs.htm.
47
See also summary of CACFP eligibility rules at USDA-FNS website, http://www.fns.usda.gov/cacfp/why-cacfpimportant.
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CACFP for Day Care Homes
Participation
CACFP-supported day care homes tend to serve a smaller number of children per home than the
number of children in CACFP-supported centers serve per center. Roughly 2220% of children in
CACFP (approximately 793780,000 in FY2013FY2014 average daily attendance) are served through day
care homes. In FY2013, over 122,000 home sitesFY2014, nearly 118,000 homes (with over 850890 sponsors) received CACFP
support.
Eligibility and Reimbursement
As with centers, payments to day care homes are provided for up to either two meals and one
snack or one meal and two snacks a day for each child. Unlike centers, day care homes must
participate under the auspices of a public or, more often, private nonprofit sponsor that typically
has 100 or more homes under its supervision. CACFP day care home sponsors receive monthly
administrative payments, based on the number of homes for which they are responsible.48
Federal reimbursements for family day care homes differ by the home’s status as “Tier I” or “Tier
II.” or Tier II.
Unlike centers, day care homes receive cash reimbursements (but not commodity foods) that
generally are not based on the child participants’ household income. Instead, there are two
distinct, annually indexed reimbursement rates that are based on area or operator eligibility
criteria.
•
Tier I homes are located in low-income areas or operated by low-income
providers. They receive higher subsidies for each meal/snack they serve.
•
Tier II (lower) rates are by default those for homes that do not qualify for Tier I
rates; however, Tier II providers may seek the higher Tier I subsidy rates for
individual low-income children for whom financial information is collected and
verified. (See Table B-6 for current Tier I and Tier II reimbursement rates).
Additionally, HHFKA introduced a number of additional ways (as compared to prior law) by
which family day care homes can qualify as low-income and get Tier I rates for the entire home
or for individual children.49
48
As an example of the role that sponsors and homes play in CACFP, in Allentown, Pennsylvania, the Lehigh Valley
Children’s Centers (LVCC) serves as a sponsor for child care homes in the area. They offer a variety of administrative
services to family child care homes that are registered with the state. In their brochure, they state that it is LVCC’s
responsibility to “monitor meals and reimburse [homes] for meals served,” and it is homes’ responsibility “to plan
nutritional menus that meet meal requirements, maintain and submit daily attendance records and monthly meal
counts.” See http://www.lvcconline.org/images/pdf/CACFP-Brochure.pdf.
49
Previously, child care homes could only use data from the elementary school level to establish the area as lowincome. The new law allows these homes to use data from the middle and high school level as well to establish need
and qualify as a “Tier I” home. Also, P.L. 111-296 included policies to streamline application processes and eliminate
some paperwork. As part of this process, the annual application process has been eliminated and sponsors and child
care centers will only have to submit paperwork the first time they apply, with amendments submitted as necessary.
Finally, P.L. 111-296 increased CACFP sponsoring organizations’ and providers’ flexibility over administrative funds,
including the option to carry over up to 10% of administrative funds from one fiscal year to the next. USDA-FNS has
begun to implement these changes. See, for example, USDA Food and Nutrition Service, “Child and Adult Care Food
Program: Amendments Related to the Healthy, Hunger-Free Kids Act of 2010,” 77 Federal Register 21018-21038,
(continued...)
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As with centers, there is no requirement that meals/snacks specifically identified as free or
reduced-price be offered; however, unlike centers, federal rules prohibit any separate meal
charges.
Summer Food Service Program (SFSP)
SFSP supports meals for children during the summer months. The program provides assistance to
local public and private nonprofit service institutions running summer youth/recreation programs,
summer feeding projects, and camps. Assistance is primarily in the form of cash reimbursements
for each meal or snack served; however, federally donated commodity foods are also offered.
Participating service institutions often, but not of necessity, are entities that provide ongoing yearround service to the community and include schools, local governments, camps, colleges and
universities in the National Youth Sports program, and private nonprofit organizations like
churches.
Sponsors are institutions that manage the food preparation, financial, and administration
responsibilities of SFSP. Sites are the places where food is served and eaten. At times, a sponsor
may also be a site. State agencies authorize sponsors, monitor and inspect sponsors and sites, and
implement USDA policy.
Participation
In FY2013FY2014, over 5,000 sponsors with over 4245,000 food service sites participated in the SFSP and
served an average of over 2.4approximately 2.7 million children daily. For FY2013FY2014, lunch was the most frequent
frequent meal served by the SFSP sites.
Participation of sites and children reached its height in FY2013FY2014 (See Figure 5). Program
expenditures for FY2013FY2014 totaled $428465 million, including cash assistance, commodity foods,
administrative cost assistance, and health inspection costs.
(...continued)
April 9, 2012; USDA-FNS Memorandum, Child Nutrition Reauthorization 2010: Area Eligibility for Family Day Care
Homes, Memo Code: CACFP 05-2011-Revised, January 10, 2011, http://www.fns.usda.gov/sites/default/files/CACFP05-2011.pdf.
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Figure 5. SFSP Participants and Meal Sites FY1989-FY2013FY1990-FY2014
Average Daily Attendance and Number of Food Distribution Sites
Source: Created and updated by CRS based on USDA Economic Research Service chart, dated March 2014
(http://www.ers.usda.gov/topics/food-nutrition-assistance/child-nutrition-programs/charts/summerprograms.aspx#.VCLh_7EtGac). USDA-FNS data based on July of each fiscal year.
Eligibility and Administration
There are several options for eligibility and meal/snack service for SFSP sponsors (and their
sites):
•
Open sites provide summer food to all children in the community. These sites are
certified based on area eligibility measures, where 50% or more of area children
have family income that would make them eligible for free or reduced-price
school meals (see Table 2),
•
Closed or Enrolled sites provide summer meals/snacks free to all children
enrolled at the site. The eligibility test for these sites is that 50% or more of the
children enrolled in the sponsor’s program must be eligible for free or reducedprice school meals based on household income. Closed/enrolled sites may also
become eligible based on area eligibility measures noted above.
•
Summer camps (that are not enrolled sites) receive subsidies only for those
children with household eligibility for free or reduced-price school meals.
•
Other programs specified in law, such as the National Youth Sports Program,
and centers for homeless or migrant children.
Summer sponsors get operating cost (food, storage, labor) subsidies for all meals/snacks they
serve—up to one meal and one snack, or two meals (three meals for children in programs for
migrant children) per child per day. In addition, sponsors receive payments for administrative
costs, and states are provided with subsidies for administrative costs and health and meal-quality
inspections. See Table B-7 for current SFSP reimbursement rates. Actual payments vary slightly
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(e.g., by about 5 cents for lunches) depending on the location of the site (e.g., rural vs. urban) and
whether meals are prepared on-site or by a vendor.
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NSLP/SBP Seamless Summer Option50
Although SFSP is the child nutrition program most associated with providing meals during
summer months, it is not the only program option for providing these meals and snacks.
The Seamless Summer option, run through NSLP or SBP programs, is also a means to
provide to students during summer months. Much like SFSP, Seamless Summer operates
in summer sites (summer camps, sports programs, churches, private nonprofit
organizations, etc.) and for a similar duration of time. Unlike SFSP, schools are the only
eligible sponsors, although schools may operate the program at other sites. Reimbursement
rates for Seamless Summer meals are the same as current NSLP/SBP rates.
Special Milk Program (SMP)
Schools (and institutions like summer camps and child care facilities) that are not already
participating in the other child nutrition programs can participate in the Special Milk Program.
Schools may also administer SMP for their part-day sessions for kindergartners or prekindergartners.
Under SMP, participating institutions provide milk to children for free and/or at a subsidized paid
price, depending on how the enrolled institution opts to administer the program (See Table B-8
for current Special Milk reimbursement rates for each of these options):
•
An institution that only sells milk will receive the same per-half pint federal
reimbursement for each milk sold.
•
An institution that sells milk and provides free milk to eligible children (income
eligibility is the same as free school meals, see Table 2), receives a
reimbursement for the milk sold and a higher reimbursement for the free milks.
•
An institution that does not sell milk provides milk free to all children and
receives the same reimbursement for all milk (the same as the paid rate). This
option is sometimes called non-pricing.
In FY2013FY2014, about 6750 million half-pints were subsidized, 89% of which were served free. Federal
expenditures for this program were approximately $10.711 million in FY2013FY2014.
Fresh Fruit and Vegetable Program (FFVP)
States receive formula grants through the Fresh Fruit and Vegetable Program, under which stateselected schools receive funds to purchase and distribute fresh fruit and vegetable snacks to all
children in attendance (regardless of family income). Money is distributed by a formula under
which about half the funding is distributed equally to each state and the remainder is allocated by
state population. States select participating schools (with an emphasis on those with a higher
proportion of low-income children) and set annual per-student grant amounts (between $50 and
$75).
Funding is set by law at $150 million for school year 2011-2012, and inflation-indexed for later
years. Funding for school year 2014-2015 was approximately $168 million.
50
For further discussion, see the USDA-FNS website: http://www.fns.usda.gov/cnd/seamless_summer.htm and the
agency’s related comparison chart, http://www.fns.usda.gov/sites/default/files/SFSP_SeamlessComparisonChart.pdf.
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Funding is set by law at $150 million for school year 2011-2012, and inflation-indexed for later
years. Funding for school year 2013-2014 was approximately $165 million.
.
In recent years, FFVP has been amended by omnibus farm bill laws, rather than through child
nutrition reauthorization. After a limited pilot, FFVP was expanded to all states and permanently
funded by the 2008 farm bill (P.L. 110-246).51 The 2014 farm bill essentially made no changes to
this program. The 2014 farm bill (P.L. 113-79) did include, and fund at $5 million in FY2014, a
pilot project that requires USDA to test schools offering frozen, dried, and canned fruits and
vegetables in at least five states as well as an evaluation of the pilot.
Support for After-School Meals and Snacks:
CACFP, NSLP Options
Two of the child nutrition programs discussed in previous sections, the National School Lunch
Program (NSLP) and Child and Adult Care Food Program (CACFP), also provide federal support
for snacks and meals served during after-school programs.52
NSLP provides reimbursements for after-school snacks; however, this option is open only to
schools that already participate in NSLP. These schools may operate after-school snack-only
programs during the school year which (1) if low-income area eligibility criteria are met, provide
free snacks in lower-income areas; or (2) if area eligibility criteria are not met, offer free,
reduced-price, or fully paid-for snacks, based on household income eligibility (like in lunches in
NSLP). The
vast majority of snacks provided through this program are through the first option,
area eligible
schools. Through this program, a total of nearlyapproximately 220 million snacks were
served in FY2013 (a
FY2014 (a daily average of over 1.3 million). This is a fraction (under 5%) of the nearly 5.1
5 billion lunches
served (a daily average of 28.41 million).
CACFP provides assistance for after-school food in two ways. First, centers and homes that
participate in CACFP and provide after-school care may participate in traditional CACFP (the
eligibility and administration described earlier). Second, the CACFP at-risk program provides
free snacks and suppers to all children at centers located in areas where at least half the children
in the community are eligible for free or reduced-price school meals. Expansion of the at-risk
after-school meals program was a major policy change included in HHFKA. Prior to the law, 13
states were permitted to offer CACFP at-risk after-school meals (instead of just a snack); the law
allowed all 50 states (and DC) to offer such meals.53 In FY2013, at-risk after-school programsFY2014, the At-Risk Afterschool program
served approximately 4854 million free snacks, 80.6108.7 million free suppers, and less than 1around one million
other meals, to an average daily attendance of nearly 727977,000 children each day. While this program did
recently recently
expand, it still does not serve as many snacks as the NSLP-based snack program.
51
Permanent funding is made possible through the Section 32 account. See CRS Report RL34081, Farm and Food
Support Under USDA’s Section 32 Program, by Jim MonkeDennis A. Shields.
52
For further discussion of the NSLP and CACFP after-school snack program, see Joanne Guthrie, Feeding Children
After School: The Expanding Role of USDA Child Nutrition Programs, USDA Economic Research Service, Amber
Waves, March 1, 2012, http://www.ers.usda.gov/amber-waves/2012-march/feeding-children-afterschool.aspx#.VCHkzrEtGac.
53
U.S. Congress, Senate Committee on Agriculture, Nutrition, and Forestry, Healthy, Hunger-Free Kids Act of 2010,
111th Cong., 2nd sess., May 5, 2010, Report 111-178 (Washington: GPO, 2010), p. 7.
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Table 3. FY2012 and FY2013FY2013 and FY2014 Federal Expenditures for Child Nutrition Programs
In Millions of Dollars
Program or Program Component
National School Lunch Program
FY2012
FY2013
Change from FY2012
to FY2013
$11,570
$12,214
+$644
+6%
$8,020
$8,415
+$395
+5%
$956
$938
-$18
-2%
$1,367
$1,388
+$21
+2%
$69
$69
$0
0%
n/a
$247
n/a
n/a
commodity food assistanceb
$1,158
$1,157
-$1
0%
School Breakfast Program
$3,276
$3,514
+$238
+7%
$2,930
$3,162
+$232
+8%
$255
$260
+$6
+2%
$91
$92
+$1
+1%
$2,854
$2,992
+$138
+5%
meal reimbursements at child care centers
$1,686
$1,818
+$132
+8%
meal reimbursements at child care homes
$782
$779
-$3
0%
meal reimbursements at adult day care centers
$121
$123
+$2
+2%
commodity food assistanceb
$114
$124
+$10
+9%
administrative costs for child care sponsors
$151
$148
-$3
-2%
$399
$428
+$29
+7%
free meal reimbursements
reduced-price meal reimbursements
paid meal reimbursements
additional funding to schools with more than 60% free
or reduced-price participation
performance-based meal reimbursementsa
free meal reimbursements
reduced-price meal reimbursements
paid meal reimbursements
Child and Adult Care Food Program (CACFP)
Summer Food Service Program
meal reimbursements
$351
$376
+$25
+7%
assistanceb
$1
$2
+$1
+54%
sponsor and inspection costs
$47
$50
+$3
+6%
$12
$11
-$1
-8%
$157
$165
+$8
+5%
$276
$292
+$16
+6%
Mandatory Other Program Costse
$38
$56
+$18
+47%
Discretionary Activitiesf
$15
$16
+$1
+7%
$18,597
$19,688
+$1,091
+6%
commodity food
Special Milk Program
Fresh Fruit and Vegetable
Programc
State Administrative Expensesd
TOTAL OF FUNDS DISPLAYEDg
Source: Program expenditures data from USDA-FNS Keydata Reports (dated March 2013 and March 2014), except
where noted below.
Notes: Expenditures displayed here will vary from displays in CRS appropriations reports and in some cases the
USDS
free meal reimbursements
reduced-price meal reimbursements
paid meal reimbursements
additional funding to schools with more
than 60% free or reduced-price
participation
performance-based meal reimbursements
FY2013
Change from
FY2013 to
FY2014
FY2014
$12,214
$12,655
+$441
+4%
$8,415
$8,670
+$255
+3%
$938
$914
-$24
-3%
$1,388
$1,409
+$21
+2%
$69
$71
+$2
+3%
$247
$292
+$45
+18%
assistancea
$1,157
$1,300
+$143
+12%
School Breakfast Program
$3,514
$3,686
+$172
+5%
$3,162
$3,330
+$168
+5%
$260
$260
$0
0%
$92
$96
+$4
+4%
$2,992
$3,135
$143
+5%
meal reimbursements at child care centers
$1,818
$1,947
$129
+7%
meal reimbursements at child care homes
$779
$775
-$4
-1%
meal reimbursements at adult day care
centers
$123
$129
+$6
+5%
commodity food assistancea
$124
$135
+$11
+9%
administrative costs for child care
sponsors
$148
$149
+$1
+1%
$428
$465
+$37
+9%
$376
$409
+$33
+9%
$2
$2
$0
0%
$50
$55
+$5
+10%
$11
$11
$0
0%
Fresh Fruit and Vegetable Programb
$165
$168
+$3
+2%
State Administrative Expensesc
$292
$257
-$35
-12%
Mandatory Other Program Costsd
$56
$54
-$2
-4%
Discretionary Activitiese
$16
$53
+$37
+231%
$19,688
$20,424
$736
4%
commodity food
free meal reimbursements
reduced-price meal reimbursements
paid meal reimbursements
Child and Adult Care Food Program
(CACFP)
Summer Food Service Program
meal reimbursements
commodity food
assistancea
sponsor and inspection costs
Special Milk Program
TOTAL OF FUNDS
DISPLAYEDf
Source: Program expenditures data from USDA-FNS Keydata Reports (dated March 2014 and January 2015), except
where noted below.
Notes: Expenditures displayed here will vary from displays in CRS appropriations reports and in some cases the
USDA-FNS annual budget justification. Since the majority of program funding is for open-ended entitlements,
expenditure data capture spending better than the total of appropriations. This table includes some functions that are
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funded through permanent appropriations or transfers (i.e., funding not provided in appropriations bills). Due to
rounding to the nearest million, percentage increases or decreases may be exaggerated or understated.
a.
Beginning in school year 2013-2014, and authorized by P.L. 111-296, an additional 6-cent-per-lunch
reimbursement was available to school food authorities that served meals certified to comply with the
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updated nutrition guidelines. As a result, these performance-based payments are only included in FY2013
spending data.
b.
Amounts included in this table for commodity food assistance include only entitlement commodities for
each program, not bonus commodities.
cb.
Obligations data displayed on p. 32-15 of FY2015FY2016 USDA-FNS Congressional Budget Justification.
dc.
Obligations data displayed on p. 32-13 of FY2015FY2016 USDA-FNS Congressional Budget Justification.
ed.
Obligations data displayed on p. 32-13 of FY2015FY2016 USDA-FNS Congressional Budget Justification. These
costs are made up of Food Safety Education, Coordinated Review, Computer Support, Training and
Technical Assistance, studies, payment accuracy, and the Farm to School Team.
fe.
Obligations data displayed on p. 32-13 of FY2015FY2016 USDA-FNS Congressional Budget Justification. FY2013
obligations include Team Nutrition and School Breakfast Expansion Grants. FY2012 obligations include
Team Nutrition only.
gf.
This table summarizes the vast majority of child nutrition programs’ federal spending, but does not capture
all federal costs.
Related Programs, Initiatives, and
Support Activities54
Federal child nutrition laws authorize and program funding supports a range of additional
programs, initiatives, and activities.
Through State Administrative Expenses funding, states are entitled to federal grants to help
cover administrative and oversight/monitoring costs associated with child nutrition programs. The
national amount each year is equal to about 2% of child nutrition reimbursements. The majority
of this money is allocated to states based on their share of spending on the covered programs;
about 15% is allocated under a discretionary formula granting each state additional amounts for
CACFP, commodity distribution, and Administrative Review efforts. In addition, states receive
payments for their role in overseeing summer programs (about 2.5% of their summer program
aid). States are free to apportion their federal administrative expense payments among child
nutrition initiatives (including commodity distribution activities) as they see fit, and appropriated
funding is available to states for two years. State Administrative Expense spending in FY2013FY2014
totaled to approximately $292257 million.55
Team Nutrition is a USDA-FNS program that includes a variety of school meals initiatives
around nutrition education and the nutritional content of the foods children eat in schools. These
included the HealthierUS Schools Challenge (HUSSC), originated in the 2004 reauthorization of
the Child Nutrition Act. HUSSC is a voluntary certification initiative designed to recognize
schools that have created a healthy school environment through the promotion of nutrition and
physical activity.56
54
This section does not list all related federal funding and support activities, and it broadly summarizes those activities
that are discussed. For further details on these and other functions funded by the “child nutrition programs” account,
see the 2015 USDA Budget Explanatory Notes for Committee on Appropriations for USDA-FNS,
http://www.obpa.usda.gov/32fns2015notes.pdf, pp. “32-11” through “32-59.”
55
For the formula for administrative and oversight/monitoring costs, see Section 7 of the Child Nutrition Act of 1966
(codified at 42 U.S.C. 1776).
56
See USDA-FNS website, http://www.fns.usda.gov/tn/healthierus/index.html.
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Farm-to-school programs broadly refer to “efforts to serve regionally and locally produced food
in school cafeterias,” with a focus on enhancing child nutrition.57 The goals of these efforts
include increasing fruit and vegetable consumption among students, supporting local farmers and
rural communities, and providing nutrition and agriculture education to school districts and
farmers. HHFKA amended existing child nutrition programs to establish mandatory funding of $5
million per year for competitive farm-to-school grants that support schools and nonprofit
entities in establishing farm-to-school programs that improve a school’s access to locally
produced foods.58 Grants may be used for training, supporting operations, planning, purchasing
equipment, developing school gardens, developing partnerships, and implementing farm-toschool programs. USDA’s website provides information on national and regional farm-to-school
programs and other resource guides.59
Through an Administrative Review process (formerly referred to as Coordinated Review Effort
(CRE)), USDA-FNS, in cooperation with state agencies, conducts periodic on-site NSLP school
compliance and accountability evaluations to improve management and identify administrative,
subsidy claim, and meal quality problems.60 State agencies are required to conduct administrative
reviews of all SFAs that operate the NSLP under their jurisdiction at least once during a threeyear review cycle.61 Administrative review expenditures were approximately $9.3 million in
FY2013FY2014.
USDA-FNS and state agencies conduct many other child nutrition program support activities for
which dedicated funding is provided. Among other examples, there is a national Food Service
Management Institute (FSMI), which provides technical assistance, instruction, and materials
related to nutrition and food service management; it receives $5 million a year in mandatory
directly
appropriated mandatory funding. FSMI is located at the University of Mississippi. USDA-FNS
provides training on food
safety education. Funding is also provided for USDA-FNS to conduct
studies, provide training
and technical assistance, and oversee payment accuracy.
Selected Current Issues in the USDA Child
Nutrition Programs
Since the enactment HHFKA, USDA-FNS has promulgated multiple regulations, formulated
various program guidance, and published many other policy documents and reports. Two of the
major changes authorized by the 2010 law are (1) requiring an update to the nutrition standards
57
USDA, National Agriculture Library’s (NAL) Alternative Farming Systems Information Center (AFSIC), “Farm to
School,” http://www.nal.usda.gov/afsic/.
58
HHFKA, Section 243 (Access to Local Foods: Farm to School Program), amending §18 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(j)). In addition, appropriations are authorized “such sums as are necessary
for each of fiscal years 2011 through 2015.”
59
See CRS Report R42155, The Role of Local Food Systems in U.S. Farm Policy, by Renée Johnson, Randy Alison
Aussenberg, and Tadlock Cowan for further discussion of farm to school programs. See also USDA-FNS’s farm-toschool resources: http://www.fns.usda.gov/cnd/F2S/Default.htm and http://www.fns.usda.gov/cnd/f2s/
f2_grant_program.htm.
60
Text in this paragraph is adapted from the USDA-FNS, National School Lunch program: Coordinated Review Effort
(CRS), FNS-640 Data Report, January 2014.
61
HHFKA required USDA to increase the frequency of administrative reviews from once every five years to once
every three years.
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for NSLP and SBP meals and (2) giving USDA the authority to regulate other foods sold in
schools (e.g., vending machines, a cafeteria’s a la carte line).
Updated Nutrition GuidelinesStandards for Lunch and Breakfast (Final Rule,
January 26, 2012)62
Section 201 of P.L. 111-296 established a timeframe for USDA to promulgate regulations
updating meal patterns and nutrition standards for school meal programs based on
recommendations from the National Academy of Sciences (of which the Institute of Medicine
(IOM) is a part).63 Schools meeting the new requirements would be eligible for the increased
federal subsidies (6 cents a lunch) noted above. It also provided funding for technical assistance
to help implement new meal patterns and nutrition standards.
Ultimately, following a proposed rule, comments submitted, and policy rider provisions of the
2012 appropriations law,64 USDA-FNS issued a final rule. The final rule sought to align school
meal patterns with the 2010 Dietary Guidelines for Americans and called for increased
availability of fruits, vegetables, whole grains, and low-fat or fat-free milk in school cafeterias—
generally consistent with IOM’s recommendations. The regulations also include calorie
maximums (whereas prior guidelines had only calorie minimums), and sodium limits that phase
in over time, among other requirements.65
Although the rule was finalized in January 2012, all
aspects of the rule were not to be
implemented immediately; for instance, some aspects of the
new guidelines went into effect for
school year 2014-2015, even though the rule went into effect
in school year 2013-20142012-2013.66 Three
aspects of the new regulations that went into effect for 20142015 are2014-2015 were: all grains served must be
whole-grain-rich, new fruit requirements for breakfast, and the
first of three weekly sodium
targets (Target 1).
As some schools have had difficulty implementing the new guidelines,67 Congress has taken
, in House and
Senate appropriations proposals, took varying approaches to addressing these concerns in
FY2015 appropriation bills. Proposals have
included waivers from the rules and increased technical assistance.67
68 Ultimately, the enacted appropriation (P.L. 113-235) included
62
For the final rule and related resources, see USDA-FNS website at http://www.fns.usda.gov/school-meals/nutritionstandards-school-meals.
63
The 2010 law added a deadline, but it was the 2004 reauthorization (P.L. 108-265) that required USDA to update the
standards based on National Academy of Sciences recommendations. IOM’s report, issued in 2010, had made a number
of recommendations around such topics as imposing calorie limits,
increasing fruit and vegetables, and reducing
sodium intake. IOM, School Meals: Building Blocks for Healthy
Children, Washington, DC, 2010.
64
See Section 743 of P.L. 112-55. Also discussed in CRS Report R41964, Agriculture and Related Agencies: FY2012
Appropriations, coordinated by Jim Monke.
65
When originally issued, the rule and USDA-FNS policy also required certain weekly maximums on grains and
protein. School nutrition stakeholders expressed challenges with menu planning due to these particular restrictions,
USDA-FNS issued policy guidance that gave flexibility on these maximums for school years 2012-2013 and 20132014. Then, in a subsequent regulation, USDA-FNS revised the regulations in January 2014 to lift these restrictions.
See, for example, USDA-FNS, “Certification of Compliance With Meal Requirements for the National School Lunch
Program Under the Healthy, Hunger-Free Kids Act of 2010,” 79 Federal Register 326, January 3, 2014.
66
See USDA-FNS Implementation Timeline, http://www.fns.usda.gov/sites/default/files/implementation_timeline.pdf,
based on regulations.
67
House and Senate proposals summarized in CRS Report R43669, Agriculture and Related Agencies: FY2015
Appropriations, coordinated by Jim Monke.
In recent years, increased attention has been paid to the nutrition guidelines in NSLP and SBP, but these are not the
only child nutrition programs to have nutrition guidelines. The authorizing statutes for all five of the main child
nutrition programs above have nutritional requirements. In most cases, the details of the requirements and related menu
(continued...)
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Nutrition Guidelines for All Foods Sold in Schools (Interim Final
Rule, June 28, 2013)68For a summary of available studies on the implementation of the 2012 updated nutrition standards, CRS has released
(continued...)
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•
Exemptions from whole grain rules (Section 751). USDA is required to allow
states to exempt school food authorities (typically school districts) from the
100% whole grain requirements, if they “demonstrate hardship, including
financial hardship, in procuring specific whole grain products which are
acceptable to the students and compliant with the whole grain-rich
requirements.” The provision, however, requires such exempted school food
authorities to maintain a 50% whole grain minimum, the requirement in place
prior to school year 2014-2015. The law requires the availability of the whole
grain exemptions from the date of the law’s enactment through school year 20152016.
•
Scientific basis for sodium limits (Section 752). This policy rider seeks to
prevent USDA from implementing regulations that would require the reduction
of sodium in “federally reimbursed meals, foods, and snacks sold in schools”
below the “Target 1” limits until “the latest scientific research establishes the
reduction is beneficial for children.” (Note: According to the school meals
regulations published in January 2012, a lower “Target 2” is to take effect during
school year 2017-2018, and a still lower “Target 3” in school year 2022-2023.)
Nutrition Standards for All Foods Sold in Schools (Interim Final
Rule, June 28, 2013)69
In another major policy change, Section 208 of HHFKA gave USDA the authority to regulate
other foods in the school nutrition environment. Sometimes called competitive foods, these foods
and the related regulation pertain to, for example, vending machines and non-meal snacks served
in the cafeteria.
Relying on recommendations made by a 2007 IOM report,6970 USDA-FNS promulgated a proposed
rule and then the interim final rule, which went into effect for school year 2014-2015. The interim
final rule imposes nutrition guidelines for all non-meal foods and beverages that are sold during
the school day (defined as midnight until 30 minutes after dismissal). Such foods must meet
whole-grain requirements; have certain primary ingredients; and meet calorie, sodium, and fat
limits, among other requirements. Schools are limited to a list of no- and low-calorie beverages
they may sell (with larger portion sizes and caffeine allowed in high schools).
Regarding fundraisers, there are no limits on fundraisers of foods that meet the interim final rule’s
guidelines. Fundraisers outside of the school day are not subject to the guidelines. HHFKA and
the interim final rule provide states with discretion to exempt infrequent fundraisers of foods or
beverages that do not meet the nutrition standards.
The rule does not limit foods brought from home, only foods sold at school during the school day.
The federal standards included are a minimum standard; states and school districts are permitted
to issue more strenuous policies.
After piloting implementation of this interim policy, USDA-FNS is expected to issue a final rule.
USDA sought comments on the interim final rule; the comment period closed on October 28,
2013.
(...continued)
planning are further specified in USDA-FNS regulations. See program regulations for nutritional requirements: NSLP,
7 C.F.R. 210.10; SBP, 7 C.F.R. 220.8; CACFP, 7 C.F.R. 226.20; SFSP, 7 C.F.R. 225.16.
68
For the interim final rule and related resources, see USDA-FNS website at http://www.fns.usda.gov/cnd/governance/
legislation/allfoods.htm.
69
IOM, Nutrition Standards for Foods in Schools: Leading the Way toward Healthier Youth, 2007,
http://www.iom.edu/Reports/2007/Nutrition-Standards-for-Foods-in-Schools-Leading-the-Way-toward-HealthierYouth.aspx.
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a congressional distribution memorandum. Congressional clients may request a copy from Randy Alison Aussenberg at
raussenberg@crs.loc.gov or Agata Dabrowska at adabrowska@crs.loc.gov.
68
House and Senate proposals summarized in CRS Report R43669, Agriculture and Related Agencies: FY2015
Appropriations, coordinated by Jim Monke.
69
For the interim final rule and related resources, see USDA-FNS website at http://www.fns.usda.gov/cnd/governance/
legislation/allfoods.htm.
70
IOM, Nutrition Standards for Foods in Schools: Leading the Way toward Healthier Youth, 2007,
http://www.iom.edu/Reports/2007/Nutrition-Standards-for-Foods-in-Schools-Leading-the-Way-toward-HealthierYouth.aspx.
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the interim final rule provide states with discretion to exempt infrequent fundraisers of foods or
beverages that do not meet the nutrition standards.
The rule does not limit foods brought from home, only foods sold at school during the school day.
The federal standards included are a minimum standard; states and school districts are permitted
to issue more strenuous policies.
After piloting implementation of this interim policy, USDA-FNS is expected to issue a final rule.
USDA sought comments on the interim final rule; the comment period closed on October 28,
2013.
Updated Nutrition Standards for CACFP (Proposed Rule, January
9, 2015) 71
HHFKA also required USDA to update the meal pattern for CACFP. In a proposed rule published
January 9, 2015, USDA proposes to make a number of changes to the infant meal pattern as well
as the child and adult meal patterns. The proposed rule also revises the aspects of the National
School Lunch Program and School Breakfast Program regulations that pertain to pre-kindergarten
meals and snacks (those pre-K regulations were not changed by the January 2012 final regulation
discussed earlier). USDA-FNS’s proposed rule relies upon an IOM panel’s recommendations and
the 2010 Dietary Guidelines for Americans.72
Below are some examples of changes included in the proposed rule:73
•
For infant meals, the rule proposes a number of changes to CACFP nutrition
requirements. The proposal would condense the current three infant age groups
into two age groups. It would make policy changes to support breastfeeding,
including providing program reimbursements when mothers come to day care
centers or homes to breastfeed their infants.
•
In child and adult meals, the rule proposes a number of changes to CACFP
nutrition requirements. It would add a fourth age group (13-18 years of age),
although the meal pattern for this group would be the same as 6-12 year olds. The
proposal would create separate fruit and vegetable serving requirements, while
the current requirement condenses fruits and vegetables as one group. It would
require a serving of whole-grain rich grains. The proposed rule would also
require that at least one daily serving of grains be whole-grain rich. Cereals
served would have to meet the requirements for the WIC program.74 For adults
71
USDA-FNS, “Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free
Kids Act of 2010,” 80 Federal Register 2037 et seq., January 15, 2015.
72
Ibid. at 2037. IOM (Institute of Medicine), Child and Adult Care Food Program: Aligning Dietary Guidance for All.
Washington, DC: The National Academies Press, 2011.
73
For the proposed rule and related resources, see USDA-FNS website at http://www.fns.usda.gov/cacfp/meals-andsnacks.
74
7 C.F.R. 246.10(e)(12). From the preamble of the CACFP proposed rule: “This means that breakfast cereals must:
Contain a minimum of 28 mg of iron per 100 grams of dry cereal; contain no more than 21.2 grams of sucrose and
other sugars per 100 grams of dry cereal (no more than 6 grams per dry ounce); contain a minimum of 51 percent
whole grains (using dietary fiber as an indicator); meet the regulatory definitions for ‘low saturated fat’ at 21 CFR
101.62 (no more than one gram of saturated fat per Reference Amount Customarily Consumed (RACC)) and “low
(continued...)
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only, yogurt may be served as an alternate to fluid milk, but not more than once a
day. This proposal also disallows frying as an onsite preparation method.
•
“Best practices” for the different age groups are included in the proposed rule,
not as requirements for reimbursement, but as examples of ideal policies to
promote good nutrition and health. One example is the “best practice” that a
center or home provide mothers with a quiet, private area to breastfeed.
The public comment period for the proposed rule was extended from April 15, 2015, to May 27,
2015.
(...continued)
cholesterol” (less than 20 mg cholesterol per RACC); bear quantitative trans fat labeling; and contain no more than 6.5
grams of total fat per RACC and no more than 0.5 grams of trans fat per RACC.” WIC state agencies devise lists of
WIC-eligible cereals based on nutritional content and other considerations.
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Appendix A. Acronyms Used in This Report
Table A-1. Acronyms
Government Agencies
USDA
U.S. Department of Agriculture
USDA-FNS
Food and Nutrition Service
Programs
CACFP
Child and Adult Care Food Program
FFVP
Fresh Fruit and Vegetable Program
NSLP
National School Lunch Program
SBP
School Breakfast Program
SFSP
Summer Food Service Program
SMP
Special Milk Program
Miscellaneous
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CEP
Community Eligibility Provision
CPI-U
Consumer Price Index for All Urban Consumers
FPL
Federal Poverty Level
HHFKA
Healthy, Hunger-Free Kids Act of 2010 (P.L. 111-296)
IOM
Institute of Medicine
LEA
Local Educational Agency
RCCI
Residential Child Care Institution
SFA
School Food Authority
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Appendix B. Per-meal or Per-snack Reimbursement
Rates for Child Nutrition Programs70Programs75
This appendix lists the specific reimbursement rates discussed in the earlier sections of the report.
Reimbursement rates are adjusted for inflation for each school year according to terms laid out in
the programs’ authorizing laws. Each year, the new rates are announced in the Federal Register.7176
Table B-1. National School Lunch Program, Meals
Per-meal Reimbursements for 48 States and DC, School Year 2014-2015
Meal Type
Serve Less than 60% of
Lunches as Free and
Reduced-Price
Serve 60% or More of
Lunches as Free or
Reduced-Price
Bonus Available for
School Districts
Certified as Compliant
with Nutrition
Guidelines
Free
$2.98
$3.00
+$.06
Reduced-price
$2.58
$2.60
+$.06
Paid
$0.28
$0.30
+$.06
Source: USDA-FNS. For NSLP reimbursement rates for other years, Alaska, Hawaii, and/or participating
territories, see USDA-FNS website: http://www.fns.usda.gov/cnd/governance/notices/naps/naps.htm.
Note: States may choose to distribute funding between schools unevenly and may do so up to a USDAdetermined per-meal maximum rate. For school year 2014-2015, that maximum rate for 48 states and DC is
$3.21 for free meal, $2.81 for reduced price meal, and $.42 for paid meal.
Table B-2. National School Lunch Program, After-School Snacks
Per-snack Reimbursements for 48 States and DC, School Year 2014-2015
Snack Type
Reimbursement
Free
$0.82
Reduced-price
$0.41
Paid
$0.07
Source: USDA-FNS. For after-school snack NSLP reimbursement rates for other years, Alaska, Hawaii, and/or
participating territories, see USDA-FNS website: http://www.fns.usda.gov/cnd/governance/notices/naps/naps.htm.
7075
All reimbursement rates tables in this Appendix display 48-state rates. For Alaska, Hawaii, and territories where
applicable, please see the source USDA-FNS Federal Register notice.
7176
For more detail on how inflation adjustment is conducted, see the child nutrition program sections of CRS Report
R42000, Inflation-Indexing Elements in Federal Entitlement Programs, coordinated by Dawn Nuschler.
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Table B-3. School Breakfast Program
Per-meal Reimbursement for 48 States and DC, School Year 2014-2015,
Non-severe Need
(less than 40% free or
reduced price)a
Meal Type
Severe Need
(greater than or equal to 40%
free or reduced price)a
Free
$1.62
$1.93
Reduced-price
$1.32
$1.63
Paid
$0.28
$0.28
Source: USDA-FNS. For NSLP reimbursement rates for other years, Alaska, Hawaii, and/or participating
territories, see USDA-FNS website: http://www.fns.usda.gov/cnd/governance/notices/naps/naps.htm.
a.
Generally, severe need status is determined based on the percentage of meals served two school years
prior to the year the currently reimbursed meal is served. For example, a school district’s severe need
status in school year 2014-2015 would be calculated based on meals served in school year 2012-2013.
Table B-4. Value of Commodity Food Assistance, NSLP and CACFP (Centers)
Rate Per-meal for School Year 2014-2015
For Each NSLP/CACFP Meal Served
Commodity Food Reimbursement
$0.2475
Source: USDA, Food and Nutrition Service, “Food Distribution program: Value of Donated Foods From July 1,
2014 Through June 30, 2015,” 79 Federal Register 41251, July 15, 2014.
Notes: For past years, see USDA-FNS website: http://www.fns.usda.gov/fdd/value-donated-foods-notices. SFSP
has a different commodity food assistance rate, see Table B-7.
Table B-5. Child and Adult Care Food Program (CACFP), Child Care Centers, At-Risk
After-School Programs
Per-meal/snack reimbursement for 48 States and DC, School Year 2014-2015
Lunch/Supper
Breakfast
Snack
Free
$2.98
$1.62
$0.82
Reduced-price
$2.58
$1.32
$0.41
Paid
$0.28
$0.28
$0.07
Source: For historical program reimbursement rates as well as Alaska’s and Hawaii’s rates, see
http://www.fns.usda.gov/cacfp/reimbursement-rates.
Notes: These reimbursement rates are identical to NSLP and SBP rates.
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Table B-6. Child and Adult Care Food Program (CACFP), Child Care Homes
Per-meal/snack Reimbursement for 48 States and DC, School Year 2014-2015
Lunch/Supper
Breakfast
Snack
Tier I
$2.47
$1.31
$0.73
Tier II
$1.49
$0.48
$0.20
Source: For historical program reimbursement rates as well as Alaska’s and Hawaii’s rates, see
http://www.fns.usda.gov/cacfp/reimbursement-rates.
Note: CACFP also provides administrative reimbursements to sponsoring organizations of day care homes.
Based on the number of homes sponsored, funding is provided per home, per month. These rates are not
displayed in this table but are included in the documents at http://www.fns.usda.gov/cnd/care/ProgramBasics/
Payments/Rates.htm.
Table B-7. Summer Food Service Program (SFSP)
Per-meal/snack reimbursement for Calendar Year 2014
Lunch/Supper
Breakfast
Snack
Rural or
Self-prep
All Other
Sites
Rural or
Self-prep
All Other
Sites
Rural or
Self-prep
All Other
Sites
$3.21
$3.21
$1.84
$1.84
$0.75
$0.75
Administrative
Component (rounded
to the nearest cent)
$.34
$.28
$0.18
$0.15
$.09
$.07
Combined (Total)
Rate (rounded to
the nearest cent)
$3.55
$3.49
$2.02
$1.99
$.84
$.82
Operating
Component
Source: For program reimbursement rates, see http://www.fns.usda.gov/cnd/summer/ReimbursementRates/
FR_Notice.pdf.
Note: Per authorizing law, the administrative component is calculated to the nearest quarter-cent. This table
rounds to the nearest cent. As the table shows, the administrative component varies slightly (e.g., by about 5
cents for lunches) depending on the location of the site (e.g., rural vs. urban) and whether meals are prepared
on-site or by a vendor. For meals prepared on-site, providers receive 1.5 cents per meal in USDA commodity
foods.
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Table B-8. Special Milk Program
Per Half-Pint Reimbursement, School Year 2014-2015
All Milk Served
Paid Milk
Free Milk to LowIncome Children
Schools that only
sell milk
$0.23
Not applicable
Not applicable
Schools that sell
and provide free
milk
Not applicable
$0.23
Average cost per halfpint of milk
Schools that
provide only free
milk
$0.23
Not applicable
Not applicable
Source: For program reimbursement rates, see http://www.fns.usda.gov/cnd/governance/notices/naps/naps.htm.
Author Contact Information
Randy Alison Aussenberg
Specialist in Nutrition Assistance Policy
raussenberg@crs.loc.gov, 7-8641
Acknowledgments
An older related report written by Joe Richardson, retired CRS Specialist in Social Policy, provided much
of the framework for this report. Julia Druhan, CRS graduate student intern, made many substantive
updates and additions. Amber Wilhelm and Jamie Hutchinson, CRS Visual Information Specialists, worked
on Figures 2, 3, and 5. Thanks to Adam Salazar, Julia Kortrey, and Agata Dabrowska for their
contributions.
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