School Meals and Other Child Nutrition Programs: Background and Funding

Changes from April 1, 2021 to May 23, 2022

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

School Meals and Other Child Nutrition
~~April 1, 2021~~May 23, 2022
Programs: Background and Funding
Kara Clifford Billings
The federal government has a long history of investing in programs for feeding children, starting The federal government has a long history of investing in programs for feeding children, starting
Analyst in Social Policy Analyst in Social Policy
with federal aid for school lunch programs in the 1930s. Today, federal child nutrition programs with federal aid for school lunch programs in the 1930s. Today, federal child nutrition programs

support food served to children in schools and a variety of other support food served to children in schools and a variety of other ~~institutional~~ settings. settings.
Administered by the U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service Administered by the U.S. Department of Agriculture’s (USDA’s) Food and Nutrition Service

(FNS), (FNS), ~~child~~ the child nutrition programs include the nutrition programs include the  National School Lunch Program (NSLP),National School Lunch Program (NSLP),  School School
Breakfast Program (SBP),Breakfast Program (SBP),  Child and Adult Care Food Program (CACFP),Child and Adult Care Food Program (CACFP),  Summer Food Service Program (SFSP),Summer Food Service Program (SFSP),  Seamless Seamless
Summer Option (SSO),Summer Option (SSO),  Fresh Fruit and Vegetable Program (FFVP), andFresh Fruit and Vegetable Program (FFVP), and  Special Milk Program (SMP). Special Milk Program (SMP).
The child nutrition programs vary in terms of size and target The child nutrition programs vary in terms of size and target ~~populations~~population. The largest programs are NSLP and SBP (the . The largest programs are NSLP and SBP (the
“school meals programsschool meals programs”), which subsidize meals for nearly 30 million children in approximately 95,000 elementary and ), which subsidize meals for nearly 30 million children in approximately 95,000 elementary and
secondary schools in a typical secondary schools in a typical school year. CACFP supports food~~year. Other child nutrition programs serve fewer children. CACFP supports meals~~ served to served to
children in child care, day care, and afterschool settings; SFSP and SSO provide funding for summer mealschildren in child care, day care, and afterschool settings; SFSP and SSO provide funding for summer meals and snacks; FFVP sponsors ; FFVP sponsors
fruit and vegetable snacks in elementary schools; and SMP fruit and vegetable snacks in elementary schools; and SMP ~~s ubsidizes~~subsidizes milk in schools and institutions that do not participate milk in schools and institutions that do not participate
in other child nutrition programs. In general, the largest subsidies are provided for free or reduced-price meals and snacks in other child nutrition programs. In general, the largest subsidies are provided for free or reduced-price meals and snacks
served to children served to children infrom low-income households. Other child nutrition activities include low-income households. Other child nutrition activities include ~~the NSLP Afterschool Snack option,~~
~~CACFP At-Risk Afterschool Meals option, Farm to School Grant Program, and~~ afterschool meal and snack programs, farm to school initiatives, and the Summer EBT demonstration. Summer EBT demonstration.
Federal funding for child nutrition programs and activities Federal funding for child nutrition programs and activities ~~totals approximately $25~~totaled roughly $27 billion in billion in ~~FY2021,~~ FY2022, the majority of which the majority of which
is mandatory spending. Most child nutrition programs are considered is mandatory spending. Most child nutrition programs are considered “appropriated entitlementsappropriated entitlements,,” meaning that their meaning that their
authorizing statutes establish a legal obligation to make payments, but that obligation is fulfilled through funding that is authorizing statutes establish a legal obligation to make payments, but that obligation is fulfilled through funding that is
provided in annual appropriations acts. Most of the funding is provided in the form of per-meal cash reimbursements that provided in annual appropriations acts. Most of the funding is provided in the form of per-meal cash reimbursements that
states distribute to schools and institutions. A smaller amount of federal funding is provided in the form of federally states distribute to schools and institutions. A smaller amount of federal funding is provided in the form of federally
~~purchased commodity foods (USDA Foods)~~purchased foods and cash for states’ administrative expenses. and cash for states’ administrative expenses.
The child nutrition programs are primarily governed by two statutes: the Richard B. Russell National School Lunch Act and The child nutrition programs are primarily governed by two statutes: the Richard B. Russell National School Lunch Act and
the Child Nutrition Act of 1966 as amended. These laws were most recently reauthorized by the Healthy, Hunger-Free Kids the Child Nutrition Act of 1966 as amended. These laws were most recently reauthorized by the Healthy, Hunger-Free Kids
Act of 2010 (HHFKA, P.L. 111-296),Act of 2010 (HHFKA, P.L. 111-296), which made several changes to the child nutrition programs. For example, the act which made several changes to the child nutrition programs. For example, the act
created the Community Eligibility Provision, an option for eligible schools to provide free created the Community Eligibility Provision, an option for eligible schools to provide free ~~mea ls~~meals to all students. It also to all students. It also
required USDA to update nutrition standards in the school meals programs and CACFP within a certain timeframe. required USDA to update nutrition standards in the school meals programs and CACFP within a certain timeframe. ~~Certain~~
While certain provisions of the HHFKA expired at the end of FY2015provisions of the HHFKA expired at the end of FY2015~~. These expirations have had a minimal impact on program~~
~~operations, which continue with annual appropriations.~~
, program operations have continued with annual appropriations. More recently, temporary changes to the child nutrition programs were made in response to the COVID-19 pandemic (generally not discussed in this report; see CRS Report R46681, USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic). Congressional Research Service Congressional Research Service

link to page link to page ~~6 link to page 48~~7 School Meals and Other Child Nutrition Programs: Background and Funding

Background
The child nutrition programs (The child nutrition programs (~~listed~~summarized i in Table 1) support meals and snacks served to children in support meals and snacks served to children in
schools, child care, summer programs, and other institutional settings in schools, child care, summer programs, and other institutional settings in al all 50 states, the District 50 states, the District
of Columbia, and the U.S. territories.1 The programs are administered by the U.S. Department of of Columbia, and the U.S. territories.1 The programs are administered by the U.S. Department of
Agriculture’s (USDA’s) Food and Nutrition Service (FNS), which provides federal aid to state Agriculture’s (USDA’s) Food and Nutrition Service (FNS), which provides federal aid to state
agencies (often state departments of education) for distribution to school districts and other agencies (often state departments of education) for distribution to school districts and other
participating institutions.2 In general, the largest subsidies are provided for free and reduced-price participating institutions.2 In general, the largest subsidies are provided for free and reduced-price
meals served to eligiblemeals served to eligible children.3 children.3
The institutional nature of child nutrition programs distinguishes them from other federal The institutional nature of child nutrition programs distinguishes them from other federal
nutrition assistance programs, such as the Supplemental Nutrition Assistance Program (SNAP) nutrition assistance programs, such as the Supplemental Nutrition Assistance Program (SNAP)
and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), which and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), which
provide benefits directly to households. WIC provide benefits directly to households. WIC ~~is typical y~~has typically been reauthorized with the child nutrition reauthorized with the child nutrition
programs but is not considered a child nutrition program and is not discussed in this report.4 programs but is not considered a child nutrition program and is not discussed in this report.4
The federal child nutrition programs date back to the National School Lunch Act of 1946, which The federal child nutrition programs date back to the National School Lunch Act of 1946, which
created created ~~NSLP.5 The~~the National School Lunch Program (NSLP).5 This act formalized federal support for school lunches following early act formalized federal support for school lunches following early ~~federal~~ aid aid
beginning in the 1930s. Other child nutrition programs were added in the decades to follow as beginning in the 1930s. Other child nutrition programs were added in the decades to follow as
policymakers expanded feeding programs beyond the school setting. The Child Nutrition Act of policymakers expanded feeding programs beyond the school setting. The Child Nutrition Act of
1966 formalized 1966 formalized ~~SMP and created SBP~~the Special Milk Program (SMP) and created the School Breakfast Program (SBP) as a pilot program.6 Soon after, a program for child care as a pilot program.6 Soon after, a program for child care
and summer meals was piloted in 1968 and separated into the Child Care Food Program (now and summer meals was piloted in 1968 and separated into the Child Care Food Program (now
~~CACFP) and SFSP in 1975.7 More recently, FFVP was piloted in 2002 and expanded to al states~~
~~in 2008.8 (See the Appendix for a brief legislative history of child nutrition programs.)~~
~~Historical y, the child nutrition programs have been aimed at both improving children’s nutrition~~
~~and supporting U.S. agriculture, with the dual missions “to safeguard the health and wel -being of~~

CACFP) and the Summer Food Service Program (SFSP) in 1975.7 More recently, the Fresh Fruit 1 Virtually all of the child nutrition programs operate in Puerto Rico, Guam, and the U.S. Virgin1 Virtually all of the child nutrition programs operate in Puerto Rico, Guam, and the U.S. Virgin Islands.Islands. ~~T he~~ The use of the use of the
term “state” in this report refers to these jurisdictions as well.term “state” in this report refers to these jurisdictions as well. ~~T he~~ The term does not include the Northern Mariana Islands term does not include the Northern Mariana Islands
and American Samoa, whichand American Samoa, which receive block grants in lieu of child nutrition programs. For more information on child receive block grants in lieu of child nutrition programs. For more information on child
nutrition programs in the Northern Mariana Islands and American Samoa, see U.S.nutrition programs in the Northern Mariana Islands and American Samoa, see U.S. Department of the Interior, Office Department of the Interior, Office
of Insular Affairs, Region IX Federal Regionalof Insular Affairs, Region IX Federal Regional Council, Outer Pacific Committee, Council, Outer Pacific Committee, FY2016 Report on Federal
Financial Assistance to the U.S. Pacific and Caribbean Islands, May 1, 2017, p. 10, https://www.doi.gov/sites/doi.gov/, May 1, 2017, p. 10, https://www.doi.gov/sites/doi.gov/
files/uploads/fy16-reportfiles/uploads/fy16-report -on-federal-financial-assistance-to-the-insular-areas.pdf. -on-federal-financial-assistance-to-the-insular-areas.pdf.
2 2 ~~In the past, the federal government (via USDA FNS’s~~ For a list of administering agencies by state, see U.S. Department of Agriculture (USDA), Food and Nutrition Service (FNS), “Contact Map,” https://www.fns.usda.gov/contacts/contact-map. In past instances, the federal government (via USDA-FNS’s regional offices) has, for certain states, taken the place of state regional offices) has, for certain states, taken the place of state
~~agencies~~ agencies (e.g., where a state has chosen not to operate a specific program or where there is a state prohibition on aiding (e.g., where a state has chosen not to operate a specific program or where there is a state prohibition on aiding
private schools).private schools).
3 In addition to serving children, CACFP supports food in adult day care facilities. 3 In addition to serving children, CACFP supports food in adult day care facilities.
4 For more information on WIC, see CRS4 For more information on WIC, see CRS Report R44115, Report R44115, A Primer on WIC: The Special Supplemental Nutrition
Program ~~for Wom en~~ for Women, Infants, and Children . .
5 P.L. 79-396; Gordon W. Gunderson, 5 P.L. 79-396; Gordon W. Gunderson, National School Lunch Program: Background and Development, 1971, , 1971,
http://www.fns.usda.gov/nslp/history. http://www.fns.usda.gov/nslp/history. ~~T he~~The 1946 law supported school lunch programs by giving 1946 law supported school lunch programs by giving formula grant funding formula grant funding
to states basedto states based on factors such as per capita income, rather than the presenton factors such as per capita income, rather than the present -day open-ended entitlements based largely -day open-ended entitlements based largely
on eligibilityon eligibility and participation rules. and participation rules.
6 P.L. 89-642. 6 P.L. 89-642.
7 P.L. 90-302; P.L. 94-105. Adult day care was7 P.L. 90-302; P.L. 94-105. Adult day care was ~~added~~ added in 1987 (Older Americans Act Amendments of 1987; P.L. 100-in 1987 (Older Americans Act Amendments of 1987; P.L. 100-
175). Also see Institute of Medicine, 175). Also see Institute of Medicine, Child and Adult Care Food Program : Aligning Dietary Guidance for ~~A ll~~All, 2011, p. , 2011, p.
30; USDA30; USDA -FNS,FNS, “ “Summer Food Service Program History,” March 31, 2019, https://www.fns.usda.gov/sfsp/program-Summer Food Service Program History,” March 31, 2019, https://www.fns.usda.gov/sfsp/program-
history. history.
~~8 P.L. 107-171; P.L. 110-246.~~
~~Congressional Research Service~~
1

~~link to page 6 link to page 7 link to page 7 link to page 7~~Congressional Research Service 1 link to page 49 School Meals and Other Child Nutrition Programs: Background ~~and Funding~~

and Funding and Vegetable Program (FFVP) was piloted in 2002 and expanded to all states in 2008.8 (See the Appendix for a legislative history of child nutrition programs.) Historically, the child nutrition programs have been aimed at both improving children’s nutrition and supporting U.S. agriculture, with the dual mission “to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural the Nation’s children and to encourage the domestic consumption of nutritious agricultural
commodities and other food.”9 commodities and other food.”9
The child nutrition programs are currently authorized under the Richard B. The child nutrition programs are currently authorized under the Richard B. ~~Russel~~ Russell National National
School Lunch Act (NSLA) and the Child Nutrition Act of 1966.10 Section 32 of the Act of August School Lunch Act (NSLA) and the Child Nutrition Act of 1966.10 Section 32 of the Act of August
24, 193524, 1935, also provides a portion of child nutrition funding. Congressional jurisdiction over the also provides a portion of child nutrition funding. Congressional jurisdiction over the
underlying three laws has underlying three laws has ~~typical y~~typically been exercised by the Senate Agriculture, Nutrition, and been exercised by the Senate Agriculture, Nutrition, and
Forestry Committee, the House Education and Labor Committee, and, to a limitedForestry Committee, the House Education and Labor Committee, and, to a limited extent (relating extent (relating
to Section 32), the House Agriculture Committee. to Section 32), the House Agriculture Committee.
Congress Congress ~~periodical y amends~~has periodically amended the child nutrition programs’ authorizing laws and reauthorizes the child nutrition programs’ authorizing laws and reauthorizes
expiring authorities. The child nutrition programs were most recently reauthorized by the Healthy, expiring authorities. The child nutrition programs were most recently reauthorized by the Healthy,
Hunger-Free Kids Act of 2010 (HHFKA,Hunger-Free Kids Act of 2010 (HHFKA, P.L. 111-296). Some of the authorities created or P.L. 111-296). Some of the authorities created or
extended in the HHFKAextended in the HHFKA expired on September 30, 2015; expired on September 30, 2015; ~~these expirations have had a minimal~~
~~impact on program operations.11 The 114th Congress began but did not complete a 2016~~however, program operations have continued with annual appropriations.11 During the 114th Congress, the committees of jurisdiction marked up child child
nutrition reauthorizationnutrition reauthorization~~, and there was no significant reauthorization activity in the 115th or 116th~~
~~Congresses~~ bills; these proposals were not enacted.12 .12
This report starts with an overview of child nutrition programs’ funding This report starts with an overview of child nutrition programs’ funding structure and then provides detail and then provides detail
on each program, including a discussion of how on each program, including a discussion of how ~~the programs~~they are administered are administered ~~at the federal,~~
~~state, and local levels; eligibility~~ , eligibility rules for institutions and participantsrules for institutions and participants;, nutritional and other nutritional and other
program requirementsprogram requirements;, and recent and recent policy changes. Changes to child nutrition programs that have applied during the COVID-19 pandemic are briefly discussed in the “Child Nutrition Program Operations During the COVID-19 Pandemic” text box below. The Pandemic Electronic Benefit Transfer (P-EBT) program—not considered a child nutrition program—is not discussed in this report. 8 P.L. 107-171; P.L. 110-246. 9 See declaration of purposes in the NSLA ~~policy changes.~~
Table 1 provides a high-level summary of the child nutrition programs and the number of
~~participating institutions and children in FY2020. This was an atypical year of operations due to~~
~~the Coronavirus Disease 2019 (COVID-19) pandemic, and general y reflects lower participation~~
~~compared to recent years.~~
~~Table 1. Major Child Nutrition Programs at a Glance~~

~~Number of~~
~~Maximum~~
~~Average Daily~~
~~Participating~~
~~Authorizing~~
~~Daily Meals~~
~~Participation~~
~~Institutions~~
~~Program~~
~~Statute~~
~~Overview~~
~~and Snacksb~~
~~(FY2020)a~~
~~(FY2020)~~
~~National School~~
~~Richard B. Russel~~
~~Lunches served in schools to~~

~~One lunch~~
~~20.7 mil ion~~
~~94,600 schools~~
~~Lunch Program~~
~~National School~~
~~children in pre-K through~~
~~and one snack average daily~~
~~and 2,400~~
~~(NSLP)~~
~~Lunch Act (NSLA)~~
~~grade 12~~
~~per child~~
~~lunches and~~
~~residential child~~
~~(42 U.S.C. §1751 et~~
~~Options to provide~~
~~870,500 snacks~~
~~care~~
~~seq.)~~
~~afterschool snacks and~~
~~served~~
~~institutionsc~~
~~summer meals~~

~~9 See declaration of purposes in the NSLA~~ and the Child Nutrition Act of 1966. and the Child Nutrition Act of 1966.
10 In 1999, P.L. 106-78 renamed the National School Lunch Act in Senator Richard10 In 1999, P.L. 106-78 renamed the National School Lunch Act in Senator Richard B. Russell’sB. Russell’s ~~honor.~~
~~11 A few pilot programs and temporary activities expired on September 30, 2015, and wer e not always extended. A~~
honor. 11 Exceptions include a California program to provide SFSPCalifornia program to provide SFSP snacks year-roundsnacks year-round, which was ~~was~~ not extended. USDA’snot extended. USDA’s authority to conduct food safety authority to conduct food safety
~~audits~~ audits and fundingand funding for a National Hunger Clearinghousefor a National Hunger Clearinghouse ~~was~~ were not extended in FY2016 not extended in FY2016 but were subsequently ~~but was subsequently~~ extended extended
by appropriations acts in each of FY2017 through by appropriations acts in each of FY2017 through ~~FY2021~~FY2022. For more information, see . For more information, see ~~CRS~~ CRS In FocusIn Focus IF10266, IF10266, Child
Nutrition Reauthorization (CNR): An Overview ; or CRSor CRS memo CD1304737, memo CD1304737, Expiration of the Healthy, Hunger-free
Kids Act of 2010 (P.L. 111-296P.L. 111-296), available to congressional clients on request. , available to congressional clients on request.
12 For more information, see CRS12 For more information, see CRS Report R44373, Report R44373, Tracking Child Nutrition Reauthorization in the 114th Congress: An
Overview. .
Congressional Research Service Congressional Research Service
2 2

link to page link to page 78 link to page link to page ~~7 link to page 7 link to page 7 link to page 7~~8 link to page link to page 78 link to page 8 link to page link to page 8 link to page 78 link to page 8 link to page 8 School Meals and Other Child Nutrition Programs: Background and Funding

~~Number of~~
~~Maximum~~
~~Average Daily~~
~~Participating~~
~~Authorizing~~
~~Daily Meals~~
~~Participation~~
~~Institutions~~Table 1. Summary of the Major Child Nutrition Programs Number of Meals/Snacks Reimbursed Number of Number Authorizing Per Child Participants of Sites
Program
Statute
Overview
~~and Snacksb~~
~~(FY2020)a~~
~~(FY2020)~~
~~School~~
~~Section 4 of the~~
~~Breakfasts served in schools~~

~~One breakfast~~
~~11.4 mil ion~~
~~88,300 schools~~
~~Breakfast~~
~~Child Nutrition Act~~
~~to children in pre-K through~~
~~per child~~
~~average daily~~
~~and 2,400~~
~~Program (SBP)~~
~~of 1966 (42 U.S.C.~~
~~grade 12~~
~~breakfasts~~
~~residential child~~
~~§1773)~~
~~Option to provide summer~~
~~served~~
~~care~~
~~meals~~
~~institutionsc~~
~~Child and Adult~~
~~Section 17 of the~~
~~Meals/snacks served in child~~

~~Two meals~~
~~4.1 mil ion~~
~~139,000 child~~
~~Care Food~~
~~NSLA (42 U.S.C.~~
~~care and adult day care~~
~~and one~~
~~children and~~
~~care homes and~~
~~Program~~
~~§1766)~~
~~settings to children ages 12~~
~~snack, or one~~
~~107,800 adults~~
~~centers and~~
~~(CACFP)~~
~~and under, children with~~
~~meal and two~~
~~2,400 adult day~~
~~disabilities (any age), and~~
~~snacks per~~
~~care homes~~
~~chronical y impaired or elderly~~
~~participantd~~
~~adults~~
~~(afterschool~~
~~Eligible institutions can~~
~~component:~~
~~provide afterschool snacks to~~
~~one meal and~~
~~children ages 18 and under in~~
~~one snack per~~
~~low-income areas~~
~~child)~~
~~Summer Food~~
~~Section 13 of the~~
~~Summer meals/snacks served~~

~~Two meals, or 4.8 mil ion~~
~~37,800 meal~~
~~Service Program~~
~~NSLA (42 U.S.C.~~
~~in schools, community~~
~~one meal and~~
~~childrene,f~~
~~sitese~~
~~(SFSP)~~
~~§1761)~~
~~centers, camps, parks, and~~
~~one snack per~~
~~other settings to children ages~~
~~childd~~
~~18 and under~~
~~Special Milk~~
~~Section 3 of the~~
~~Milk served in schools and~~

~~Not specified~~
~~71,900 half-pints 3,500 schools~~
~~Program (SMP)~~
~~Child Nutrition Act~~
~~other institutions that do not~~
~~served on~~
~~and institutions~~
~~of 1966 (42 U.S.C.~~
~~participate in another child~~
~~average dailyg~~
~~§1772)~~
~~nutrition meal service~~
~~program~~
~~Fresh Fruit and~~
~~Section 19 of the~~
~~Fresh fruit and vegetable~~

~~Not applicable Not available~~
~~Not available~~
~~Vegetable~~
~~NSLA (42 U.S.C.~~
~~snacks served in elementary~~
~~Program (FFVP)~~
~~§1769a)~~
~~schools~~
~~Priority given to low-income~~
~~elementary schools~~
Source: USDA FNS, “March Keydata Report (November 2020 data),” March 12, 2021,
~~https://www.fns.usda.gov/data/march-keydata-report-november-2020-data. The number of meals and children is~~
~~rounded to the nearest hundred thousand; the number of participating institutions is rounded to the nearest~~
~~hundred. FY2020 was an atypical year of operations due to the COVID-19 pandemic, and general y reflects~~
~~lower participation compared to recent years.~~
~~a. Average daily participation is estimated by USDA based on the number of meals served and program~~
~~operating days. Estimates may be less reliable in FY2020 since operating days have varied during the~~
~~COVID-19 pandemic, and average daily meal counts are shown instead where available.~~
~~b. 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.~~
~~c. Per school meal regulations, “The term ‘residential child care institutions’ includes, but is not limited to:~~
~~homes for the mental y, emotional y or physical y impaired,~~ Daily (FY2019) (FY2019) NSLP Richard B. Provides reimbursement for One lunch 29.6 mil ion 97,100b Russell lunches served to children in (option for one National pre-K-12 schools.a Options to snack) School Lunch provide summer lunches Act (NSLA) through the Seamless (42 U.S.C. Summer Option (SSO) and §1751 et seq.) afterschool snacks through the NSLP Afterschool Snack program. SBP Section 4 of Provides reimbursement for One breakfast 14.7 mil ion 90,800b the Child breakfasts served to children Nutrition Act in pre-K-12 schools.a Option of 1966 to provide summer breakfasts (42 U.S.C. through SSO. §1773) CACFP Section 17 Provides reimbursement for Two meals and 4.8 mil ion 160,600 of the NSLA meals and snacks served in one snack (or (42 U.S.C. child care and adult day care one meal and §1766) settings. two snacks)c CACFP Section 17(r) Provides reimbursement for One meal and 2.2 mil ion 26,500 At-Risk of the NSLA meals and snacks served by one snack Afterschool (42 U.S.C. afterschool program Snack §1766(r)) providers in low-income Program areas. SFSP Section 13 Provides reimbursement for Two meals (or 2.7 mil ion 47,500 of the NSLA summer meals and snacks one meal and (42 U.S.C. served by school districts, one snack)c §1761) nonprofit organizations, local government agencies, and summer camps. SMP Section 3 Provides reimbursement for Not specified Not available 3,000 of the Child milk served in schools and Nutrition Act other institutions not of 1966 participating in another child (42 U.S.C. nutrition program. §1772) FFVP Section 19 Provides funding to states for Not specified Not available Not of the NSLA grants to serve fresh fruit and available (42 U.S.C. vegetable snacks in §1769a) elementary schools, particularly low-income schools. Source: CRS, based on current law and USDA-FNS, “September 2020 Keydata Report,” January 27, 2021, https://www.fns.usda.gov/data/september-2020-keydata-report. Notes: This report uses FY2019 participation data due to atypical participation in FY2020 and FY2021 as a result of the COVID-19 pandemic and related policies. Participation figures may include overlap; for example, nearly all SBP schools also participate in NSLP. Congressional Research Service 3 School Meals and Other Child Nutrition Programs: Background and Funding a. NSLP and SBP also provide reimbursement for meals served in residential child care institutions, defined in regulations to include “homes for the mentally, emotionally or physically impaired, and unmarried mothers and their infants; group and unmarried mothers and their infants; group
homes; halfway houses; orphanages; temporaryhomes; halfway houses; orphanages; temporary shelters for abused children and for runaway children; longshelters for abused children and for runaway children; long -
-term care facilitiesterm care facilities ~~for chronical y~~ for chronically il children; and juvenile detention centers” (7 C.F.R. §210.2). il children; and juvenile detention centers” (7 C.F.R. §210.2).
d b. Includes schools and residential child care institutions. c. CACFP emergency shelters. CACFP emergency shelters ~~and~~, SFSP camps SFSP camps, and and SFSP sites that primarilysites that primarily serve migrant children may receive serve migrant children may receive
reimbursement reimbursement for up to three mealsfor up to three meals or two mealsor two meals and one snack per child daily. Child Nutrition Program Operations During the COVID-19 Pandemic Starting in March 2020 and continuing through school years 2020-2021 and 2021-2022, many school districts operated the summer meals programs in lieu of the school meals programs.13 The summer meals programs, under USDA policy facilitated by COVID-19 pandemic response laws, enabled schools to serve free meals to all students without eligibility determinations. Some of the COVID-19 pandemic response authorities expire on June 30, 2022, and USDA has announced a transition back to school meal program operations during the 2022-2023 school year. With expanded waiver authority and supplemental funding from COVID-19 pandemic response acts, USDA has also waived several child nutrition program requirements during the pandemic.14 For example, USDA has allowed parent pick-up and home delivery of meals, waivers of certain nutritional requirements, and virtual monitoring of program operations.15 For more information about child nutrition program operations during the COVID-19 pandemic, see the fol owing:  CRS Report R46681, USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic; and  USDA Food and Nutrition Service, “Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/fns-disaster-assistance/fns-responds-covid-19/child-nutrition-covid-19-waivers. ~~and one snack per child daily.~~
~~e. SFSP data do not include children and sites participating in the school meals Seamless Summer Option~~
~~(SSO), which are included in the NSLP and SBP estimates.~~
~~Congressional Research Service~~
3

~~link to page 9~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

f.
~~According to a May 2018 U.S. Government Accountability Office (GAO) report, estimates of participation~~
~~in SFSP may be unreliable because they have been calculated inconsistently across states and years. See~~
~~GAO, Actions Needed to Improve Participation Estimates and Address Program Chal enges, GAO-18-369, May~~
~~2018, https://www.gao.gov/products/GAO-18-369.~~
~~g. Estimated by CRS based on the number of half pints served per month divided by an estimated 20 operating~~
~~days per month.~~
Child Nutrition Funding
Federal Funding
Most funding for child nutrition programs is considered mandatory spending. However, unlike Most funding for child nutrition programs is considered mandatory spending. However, unlike
some mandatory programs, child nutrition programs require an appropriation of funding. This is some mandatory programs, child nutrition programs require an appropriation of funding. This is
because the programs’ authorizing laws include benefit and eligibilitybecause the programs’ authorizing laws include benefit and eligibility criteria that create the criteria that create the
requirement for a certain level of spending, but the statute does not provide the funding directly. requirement for a certain level of spending, but the statute does not provide the funding directly.
Such programs are sometimes referred to as Such programs are sometimes referred to as “appropriated entitlementsappropriated entitlements” or or “appropriated appropriated
mandatoriesmandatories~~.”13~~.16 If the necessary funds are not appropriated If the necessary funds are not appropriated and the authorized benefits are not made available, entitled recipients (e.g., states, , entitled recipients (e.g., states,
institutions, and participants) may have legal recourse.institutions, and participants) may have legal recourse.14
~~The benefit and eligibility~~ 17 13 In school year 2021-2022, school districts had the option to operate SSO during the school year. In school year 2020-2021, school districts and other types of meal providers such as nonprofit organizations were also allowed to operate SFSP. 14 For child nutrition waiver authorities, see Section 12(l) of the Richard B. Russell National School Lunch Act (codified at 42 U.S.C. §1760(l)) and Sections 2102-2202 of the Families First Coronavirus Response Act (FFCRA; P.L. 116-127). 15 For a list of child nutrition program waivers that USDA has issued during the pandemic, see USDA-FNS, “Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/fns-disaster-assistance/fns-responds-covid-19/child-nutrition-covid-19-waivers. 16 For further discussion of appropriated entitlements, see CRS Report RS20129, Entitlements and Appropriated Entitlements in the Federal Budget Process. 17 GAO Budget Glossary, p. 13, http://www.gao.gov/products/GAO-05-734SP. Congressional Research Service 4 link to page 9 link to page 10 link to page 10 School Meals and Other Child Nutrition Programs: Background and Funding The benefit and eligibility criteria that governs much of the appropriated mandatory spending for criteria that governs much of the appropriated mandatory spending for
child nutrition programs is open-ended. Because there is no specified limit on the number of child nutrition programs is open-ended. Because there is no specified limit on the number of
beneficiaries or the total amount of benefits that beneficiaries or the total amount of benefits that ~~wil~~ will be paid, spending be paid, spending ~~wil fluctuate~~fluctuates based on the based on the
number of meals and snacks served in the programsnumber of meals and snacks served in the programs~~, as wel as~~ and statutorily set, statutorily set, ~~annual y~~annually adjusted adjusted
per-meal reimbursement rates. Congress per-meal reimbursement rates. Congress ~~typical y~~typically considers USDA’s forecast for program needs considers USDA’s forecast for program needs
in its appropriations decisions. in its appropriations decisions.
Appropriated mandatory funding in child nutrition programs is Appropriated mandatory funding in child nutrition programs is ~~general y~~generally for per-meal cash for per-meal cash
reimbursements, commodity assistance, and administrative funds. The programs also have a reimbursements, commodity assistance, and administrative funds. The programs also have a
~~smal er~~smaller amount of discretionary funding ( amount of discretionary funding (~~provided~~determined in annual appropriations acts) and mandatory in annual appropriations acts) and mandatory
funding funding (directly provided in the authorizing lawdirectly provided in the authorizing law ~~(not provided in~~, not annual appropriations acts). annual appropriations acts).
These funding streams are discussed in further detail below. These funding streams are discussed in further detail below.
Child nutrition appropriations totaled $ Child nutrition appropriations totaled $~~25.1 bil ion in FY2021 (P.L. 116-94). Close to $21 bil ion~~26.9 billion in FY2022 (P.L. 117-103). Close to $20 billion
of these funds were transferred to the child nutrition programs from Section 32 of the Act of of these funds were transferred to the child nutrition programs from Section 32 of the Act of
August 24, 1935.August 24, 1935.1518
Table 2 lists lists ~~FY2021~~FY2022 child nutrition funding by program and activity. Child nutrition child nutrition funding by program and activity. Child nutrition
appropriations may not match expenditures because most child nutrition funds carry over (they appropriations may not match expenditures because most child nutrition funds carry over (they
are availableare available for two fiscal years) and because spending fluctuates with the number of meals for two fiscal years) and because spending fluctuates with the number of meals
~~served.~~

~~13 For further discussion of appropriated entitlements, see CRS Report RS20129,~~ ~~Entitlements and Appropriated~~
~~Entitlem ents in the Federal Budget Process~~.
~~14 GAO Budget Glossary, p. 13, http://www.gao.gov/products/GAO-05-734SP.~~
~~15 House Rules Committee Print 116-68, explanatory statement accompanying Division A of the Consolidated~~
~~Appropriations Act, 2021 (P.L. 116-94), December 21, 2020. Section 32 is a permanent appropriation of 30% of the~~
~~previous calendar year’s customs receipt s. For more information on Section 32, see CRS Report RL34081,~~ ~~Farm and~~
~~Food Support Under USDA’s Section 32 Program~~ .
~~Congressional Research Service~~
4

~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~Table 2. Appropriations~~served. Table 2. Annual Funding for Child Nutrition Programs and Selected Activities,
~~FY2021~~
~~FY2021~~FY2022 FY2022
Type of
Funding
Funding
(~~$ in millions)~~

~~National School Lunch Program (NSLP)~~
AM
~~13,540~~
~~School Breakfast Program (SBP)~~
AM
~~5,039~~
~~Child and Adult Care Food Program (CACFP)~~
AM
~~4,015~~
~~Commodity Procurement~~
AM
~~1,461~~
~~Summer Food Service Program (SFSP)~~
AM
~~552~~
~~State Administrative Expenses~~
AM
~~317~~
~~Fresh Fruit and Vegetable Program (FFVP)~~
M
~~203~~
~~Summer Meal Demonstrations~~
D
42in millions) NSLP AM $14,666 SBP AM 5,189 CACFP AM 4,315 Commodity Procurement AM 1,568 SFSP AM 581 State Administrative Expenses AM 332 FFVP M 233 Othera M, D 117 Summer Meal Demonstrations D 45
School Meal Equipment Assistance Grants School Meal Equipment Assistance Grants
D D
30 30
~~Special Milk Program (SMP)~~
AM
7
~~Total (includes categories not shown)~~

~~25,118~~
Source: CRS, based on the Consolidated Appropriations Act, 2021 (P.L. 116-94) and House Rules Committee
~~Print 116-68, explanatory statement accompanying Division A, December 21, 2020. Aside from~~ Team Nutrition D 18 Farm to School Programb M, D 17 SMP AM 6 Total 27,117 18 “Congressional Record, Explanatory Statement Submitted by Ms. DeLauro, Chair of the House Committee on Appropriations, Regarding the House Amendment to the Senate Amendment to H.R. 2471, Consolidated Appropriations Act, 2022,” Congressional Record, vol. 168, book 3 (March 9, 2022), https://www.congress.gov/117/crec/2022/03/09/168/42/CREC-2022-03-09-bk3.pdf. Section 32 is a permanent appropriation of 30% of the previous calendar year’s customs receipts. For more information on Section 32, see CRS Report RL34081, Farm and Food Support Under USDA’s Section 32 Program. Congressional Research Service 5 link to page 10 School Meals and Other Child Nutrition Programs: Background and Funding Source: CRS, based on the Consolidated Appropriations Act, 2022 (P.L. 117-103) and the explanatory statement accompanying Division A (Congressional Record, Vol. 168, No. 42-Book III, March 9, 2022), https://www.congress.gov/117/crec/2022/03/09/168/42/CREC-2022-03-09-bk3.pdf and USDA-FNS, “Fresh Fruit and Vegetable Program (FFVP): Al ocation of Funds for FY2022,” June 1, 2021, https://www.fns.usda.gov/cn/sp-14-2021. Aside from FFVP, child FFVP, child
nutrition activities with mandatory funding (direct appropriations) are not included in the total. nutrition activities with mandatory funding (direct appropriations) are not included in the total.
Notes: AM = appropriated mandatory, M = mandatory spending provided in authorizing law, D = discretionary. AM = appropriated mandatory, M = mandatory spending provided in authorizing law, D = discretionary.
Figures rounded to the nearest mil ion.Figures rounded to the nearest mil ion.
a. The “Other” category includes funding for administrative reviews, food safety, technology, training and technical assistance, research, payment oversight, and school breakfast expansion grants. b. Section 18(g)(8)(A) of the NSLA (42 U.S.C. §1769(g)(8)(A)) provides $5 mil ion in annual mandatory funding for the farm to school program. The program also received $12 mil ion in annual appropriations in FY2022. Per-Meal Cash Reimbursements
The majority of federal funding in child nutrition programs (including in NSLP, SBP, CACFP, The majority of federal funding in child nutrition programs (including in NSLP, SBP, CACFP,
SFSP, and SMP) takes the form of per-meal cash reimbursements. These rates are specified in the SFSP, and SMP) takes the form of per-meal cash reimbursements. These rates are specified in the
programs’ authorizing laws with an annual inflation adjustment.programs’ authorizing laws with an annual inflation adjustment.1619 Although Although al all (including full-(including full-
price) meals/snacks served by participating providers are subsidized, those served for free or at a price) meals/snacks served by participating providers are subsidized, those served for free or at a
reduced price to lower-income children earn higher rates. Meals must meet federal nutritional reduced price to lower-income children earn higher rates. Meals must meet federal nutritional
requirements in order for the school requirements in order for the school district or institution to receive reimbursement.or institution to receive reimbursement.1720
Reimbursement rates differ by program based on different criteria. For example, in SBP, schools Reimbursement rates differ by program based on different criteria. For example, in SBP, schools
in high-poverty areas receive an extra in high-poverty areas receive an extra 3738 cents per meal. Differences in reimbursement rates are cents per meal. Differences in reimbursement rates are
highlighted within the subsequent discussions of each program. highlighted within the subsequent discussions of each program.
In general, FNS distributes per-meal reimbursements to state agencies, which In general, FNS distributes per-meal reimbursements to state agencies, which ~~distribute~~disburse them to them to
participating participating ~~schools~~school districts and institutions. and institutions. ~~Schools~~Districts and institutions must record daily counts of meals and institutions must record daily counts of meals
in each category and report monthly counts to the state agency in order to receive reimbursement. in each category and report monthly counts to the state agency in order to receive reimbursement.

16Once they receive federal funds, participating institutions are allowed to spend these funds on most aspects of their food service operations. Table 3 provides an example of the per-lunch reimbursement rate for school districts and participant benefits in NSLP. Reimbursement rates for each child nutrition program are listed in the sections to follow. Table 3. Example: NSLP School and Participant Benefits NSLP Lunch Reimbursement Rates and Child Benefits for the 48 Contiguous States and the District of Columbia, School Year 2021-2022 What the School District What the Participating Meal Category Receives Child Receives Free $3.66-$3.90 Free lunch 19 For more detail on how inflation adjustment is conducted, see the child nutrition program section of CRS Report For more detail on how inflation adjustment is conducted, see the child nutrition program section of CRS Report
R42000, R42000, Inflation-Indexing ~~Elem ents~~Elements in Federal ~~Entitlem ent Program s~~Entitlement Programs. Most reimbursements (including for schools . Most reimbursements (including for schools
and child care centers) are indexed annually basedand child care centers) are indexed annually based on the Consumer Price Index for All Urban Consumerson the Consumer Price Index for All Urban Consumers (CPI-U) (CPI-U)
Food AwayFood Away from Home Component. For family child care homes, the annual indexing is basedfrom Home Component. For family child care homes, the annual indexing is based on the CPIon the CPI -U Food at -U Food at
Home ComponentHome Component .
~~17 T he~~. 20 The authorizing statutes for all four of the main child authorizing statutes for all four of the main child nutrition programs include nutritional requirements for the nutrition programs include nutritional requirements for the
meals and snacks served; these are sometimes referred to as “nutrition standards,” “nutrition guidelines,” or “meal meals and snacks served; these are sometimes referred to as “nutrition standards,” “nutrition guidelines,” or “meal
patterns.” patterns.” ~~T he~~The nutrition standards differ by program in consideration of different age groups nutrition standards differ by program in consideration of different age groups served and the settings in served and the settings in
which meals are served, among other factors. See program regulations for nutritional requirements: NSLP, 7 C.F.R. which meals are served, among other factors. 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,§210.10; SBP, 7 C.F.R. §220.8; CACFP, 7 C.F.R. §226.20; SFSP, 7 C.F.R. §225.16. 7 C.F.R. §225.16.
Congressional Research Service Congressional Research Service
56

link to page link to page 1011 link to page 11 School Meals and Other Child Nutrition Programs: Background ~~and Funding~~

~~Once they receive federal funds, participating institutions are al owed to spend these funds on~~
~~most aspects of their food service operations.~~
Table 3 provides an example of the per-lunch reimbursement rate for schools and the per-child
~~benefit in NSLP. Reimbursement rates for each child nutrition program are listed in the sections~~
~~to follow.~~
~~Table 3. Example: NSLP School and Participant Benefits~~
~~NSLP Per-Lunch Reimbursement Rate and Per-Child Benefits, 48 Contiguous States and the~~
~~District of Columbia, School Year 2020-2021~~
~~What the School District~~
~~Receives (the national~~
~~average per-lunch~~
~~What the Participating~~
~~Meal Category~~
~~reimbursement rate)~~
~~Child Receives~~
~~Free~~
~~$3.51-$3.75~~
~~Free lunch~~
~~Reduced-price~~
~~$3.11-$3.35~~
~~Lunch for $0.40 or less~~
~~Paid~~
~~$0.33-$0.48~~
~~Lunch at ful price~~ and Funding What the School District What the Participating Meal Category Receives Child Receives Reduced-price $3.26-$3.59 Lunch for $0.40 or lessa Paid $0.35-$0.50 Lunch at ful pricea
Source: USDA FNS, “National School Lunch, Special Milk, USDA FNS, “National School Lunch, Special Milk, and School Breakfast Programs,and School Breakfast Programs, National Average National Average
Payments/Maximum ReimbursementPayments/Maximum Reimbursement Rates,”Rates,” July 22, 2020, 85 July 22, 2020, 85 Federal Register 44270 (includes rates for Alaska, 44270 (includes rates for Alaska,
Guam, Guam, ~~Hawai~~ Hawaii, Puerto Rico, and the U.S. Virgin Islands). , Puerto Rico, and the U.S. Virgin Islands).
Notes: Ranges reflect variations in reimbursement Ranges reflect variations in reimbursement rates for lunches meeting certain statutory criteria. rates for lunches meeting certain statutory criteria.
Average national rates are shown; states may apportion funds among school districts above or below the average rates. a. Some states and school districts cover the remainder of meal fees, particularly for students in the reduced- price category. Commodity Assistance
Federal support for child nutrition programs is also provided in the form of USDA-purchased Federal support for child nutrition programs is also provided in the form of USDA-purchased
~~commodity~~ foods (foods (“USDA FoodsUSDA Foods”) and some cash in lieu of commodities. USDA Foods are ) and some cash in lieu of commodities. USDA Foods are
foods purchased by USDA for distribution to federal nutrition assistance programs, including foods purchased by USDA for distribution to federal nutrition assistance programs, including
child nutrition programs.child nutrition programs.1821
States, schools, and other institutions are entitled to a certain amount of commodity assistance States, schools, and other institutions are entitled to a certain amount of commodity assistance
under the law, referred to as under the law, referred to as “entitlement commodityentitlement commodity” assistance. In NSLP and CACFP, statute assistance. In NSLP and CACFP, statute
provides a per-meal commodity reimbursement (an inflation-adjusted rate of provides a per-meal commodity reimbursement (an inflation-adjusted rate of 2526 cents per meal in cents per meal in
school year school year ~~2020-2021).19~~2021-2022).22 (Note: Commodity assistance is not (Note: Commodity assistance is not ~~a formal part of SBP funding~~provided specifically for SBP; ;
however, commodities distributed through NSLP may be used for school breakfasts.however, commodities distributed through NSLP may be used for school breakfasts.23) A smaller ~~) A smal er~~
amount of commodity assistance is also provided to certain types of institutions participating in amount of commodity assistance is also provided to certain types of institutions participating in
~~SFSP.20~~

~~18 For a summary, see USDA FNS, “USDA~~ SFSP.24 Schools and institutions use entitlement commodity funds to select commodities from a USDA Foods catalog.25 USDA then purchases the commodities and works with state distribution 21 For more information, see USDA-FNS, “USDA Foods in Schools,” https://www.fns.usda.gov/usda-fis. Foods in Schools,” https://www.fns.usda.gov/usda-fis.
1922 In recent years, In recent years, ~~an additional 10 cents (approximately)~~ approximately 10 cents has been provided on top of this amount. Section 6(c) of the has been provided on top of this amount. Section 6(c) of the
~~NSLA~~ NSLA (42 U.S.C.(42 U.S.C. §1755(c)) and Section 17(h)(1)(B) of the NSLA (42 U.S.C.§1755(c)) and Section 17(h)(1)(B) of the NSLA (42 U.S.C. §1766(h)(1)(B)); USDA§1766(h)(1)(B)); USDA -FNS,FNS, “Food “Food
Distribution Program: ValueDistribution Program: Value of Donated Foods From Julyof Donated Foods From July ~~1, 2020, T hrough~~ 1, 2021, Through June 30, June 30, ~~2021,” 85~~2022,” 86 Federal Register
~~44273~~40803, July , July ~~22, 2020~~29, 2021, https://www.federalregister.gov/documents/, https://www.federalregister.gov/documents/~~2019/08/12/2019-17156~~2021/07/29/2021-16107/food-distribution-program-/food-distribution-program-
value-of-donated-foods-from-july-1-value-of-donated-foods-from-july-1-~~2019~~2021-through-june-30--through-june-30-~~2020.~~
~~20 Section 13(h) of the NSLA (codified at 42 U.S.C. §1761(h)). Per program regulations, SFSP sponsor organizations~~
~~eligible for commodity assistance include “~~ 2022. 23 Section 6(d) of the NSLA (codified at 42 U.S.C. §1755(d)) prohibits commodity support based on the number of breakfasts served through SBP. However, Section 4(b)(4) of the Child Nutrition Act of 1966 (codified at 42 U.S.C. §1773(b)(4)) authorizes USDA to provide at least 3 cents in commodity assistance per breakfast “whenever stocks of agricultural commodities are acquired by the Secretary or the Commodity Credit Corporation and are not likely to be sold by the Secretary or the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution.” 24 Section 13(h) of the NSLA (codified at 42 U.S.C. §1761(h)). Per program regulations, SFSP sponsor organizations eligible for commodity assistance include “Self-preparation sponsors; sponsors which have entered into an agreement Self-preparation sponsors; sponsors which have entered into an agreement
with a school or school food authority for the preparation of meals; and sponsors which are school food authorities and with a school or school food authority for the preparation of meals; and sponsors which are school food authorities and
have competitively procured Program meals from the same food service management company from which they have competitively procured Program meals from the same food service management company from which they
competitively procured meals for the National School Lunch Program duringcompetitively procured meals for the National School Lunch Program during the last period in which school wasthe last period in which school was in in
session.” (7 C.F.R.session.” (7 C.F.R. §225.9(b)). Statute does not specify the level of entitlement commodity funding for SFSP. §225.9(b)). Statute does not specify the level of entitlement commodity funding for SFSP.
~~Congressional Research Service~~
6

~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~Schools and institutions use entitlement commodity funds to select commodities from a USDA~~
~~Foods catalog.21 USDA then purchases the commodities and works with a state distribution~~
~~agency to distribute the foods to schools.~~ 25 For a list of products offered in school year 2022-2023, see USDA-FNS, “USDA Foods Available List for School Year 2022-2023 for Schools and Institutions,” https://www.fns.usda.gov/usda-fis/usda-foods-available. Under a Pilot Project for Unprocessed Fruits and Vegetables authorized by the 2014 farm bill (§4202 of P.L. 113-79) under Section 6(f) of the NSLA (codified at 42 U.S.C. §1755(f)), USDA may allow up to eight states to use a portion of their Congressional Research Service 7 School Meals and Other Child Nutrition Programs: Background and Funding agencies to send foods for further processing or distribute them to schools and institutions. Schools/institutions and state agencies can elect to Schools/institutions and state agencies can elect to
receive a certain amount of commodity assistance in the form of cashreceive a certain amount of commodity assistance in the form of cash~~, as the majority of CACFP~~
~~centers do.22~~ (this is the case for less than 1% of NSLP commodity aid but nearly all of the commodity aid distributed through CACFP).26
According to statute, entitlement commodity assistance must equal at least 12% of the total According to statute, entitlement commodity assistance must equal at least 12% of the total
funding provided for lunch reimbursements and child nutrition commodities.funding provided for lunch reimbursements and child nutrition commodities.2327 The majority of The majority of
commodity assistance is distributed through NSLP.commodity assistance is distributed through NSLP.2428
The child nutrition programs can also receive The child nutrition programs can also receive “bonus commoditiesbonus commodities,,” which are commodities that which are commodities that
are purchased at USDA’s discretion throughout the year to support the agricultural economy are purchased at USDA’s discretion throughout the year to support the agricultural economy
using separate budget using separate budget ~~authority. In recent years, there have been few bonus commodities~~
~~distributed to the child nutrition programs; however, there was an uptick in FY2019 and~~
~~FY2020.25~~
~~Administrative Funds~~
~~State agencies receive federal funds for~~authorities. There are comparatively fewer bonus commodities distributed through child nutrition programs.29 Administrative Funds The Richard B. Russell National School Lunch Act allows USDA to retain up to 3.5% of annual child nutrition funding for its administrative expenses related to child nutrition programs and WIC.30 In addition, the Child Nutrition Act of 1966 authorizes open-ended funding for USDA’s administrative expenses in carrying out the programs and activities under that act (which include SBP, SMP, other child nutrition activities, and WIC).31 There is also specific funding authorized for state agencies’ expenses related to the administration of child nutrition expenses related to the administration of child nutrition
programs. According to statute, federal funding for states’ administrative expenses must equal at programs. According to statute, federal funding for states’ administrative expenses must equal at
least 1.5% of federal expenditures on NSLP, SBP, CACFP, and SMP in the second preceding least 1.5% of federal expenditures on NSLP, SBP, CACFP, and SMP in the second preceding
fiscal year.fiscal year.2632 The majority of these funds are The majority of these funds are ~~al ocated~~allocated to states based on their share of spending to states based on their share of spending
on the four programs. Any remaining funds are on the four programs. Any remaining funds are ~~al ocated~~allocated by the Secretary commodity assistance dollars to purchase unprocessed fruits and vegetables from suppliers outside of the federal USDA Foods supply chain. For a list of participating states, see USDA-FNS, “Pilot Project for Procurement of Unprocessed Fruits and Vegetables,” https://www.fns.usda.gov/usda-fis/pilot-project-procurement-unprocessed-fruits-and-vegetables. 26 0.1% of NSLP entitlement commodity aid and 99% of CACFP entitlement commodity aid was in the form of cash in FY2021, according to USDA-FNS, “January 2022 Keydata Report,” April 13, 2022, https://www.fns.usda.gov/data/keydata-report. ~~by the Secretary of Agriculture on a~~
~~discretionary basis; per program regulations, states receive additional amounts for CACFP,~~
~~commodity distribution, and administrative reviews of schools/institutions.27 Once states receive~~

~~21 For a list of products offered in school year 2020-2021, see USDA FNS, “USDA Foods Available List for SY20-21,”~~
~~https://www.fns.usda.gov/usda-foods/usda-foods-expected-be-available. Under a Pilot Project for Unprocessed Fruits~~
~~and Vegetables authorized by the 2014 farm bill (§4202 of P.L. 113-79) under Section 6(f) of the NSLA (codified at 42~~
~~U.S.C. §1755(f)), USDA may allow up to eight states to use a portion of their commodity assistance dollars to purchase~~
~~unprocessed fruits and vegetables from suppliers outside of the federal USDA Foods supply chain. For a list of~~
~~participating school districts, see USDA FNS, “ Pilot Project for Procurement of Unprocessed Fruits and Vegetables,”~~
~~https://www.fns.usda.gov/usda-fis/pilot -project -procurement -unprocessed-fruits-and-vegetables.~~
22 School food authorities participating in NSLP may elect to receive up to 5 cents of the per-lunch commodity subsidy School food authorities participating in NSLP may elect to receive up to 5 cents of the per-lunch commodity subsidy
in the form of cash for processing and handling expenses (per program regulations at 7 C.F.R.in the form of cash for processing and handling expenses (per program regulations at 7 C.F.R. §240.5). Kansas receives §240.5). Kansas receives
cash payments in lieu of USDAcash payments in lieu of USDA Foods as a result of the National School Lunch Act and ChildFoods as a result of the National School Lunch Act and Child Nutrition Act Nutrition Act
amendments of 1975. In CACFP, states may requestamendments of 1975. In CACFP, states may request any amount of cashany amount of cash -in-lieu of commodities per Section -in-lieu of commodities per Section
17(h)(1)(D) of the NSLA (codified at 42 U.S.C.17(h)(1)(D) of the NSLA (codified at 42 U.S.C. §1766(h)(1)(D)). §1766(h)(1)(D)).
23 27 Section 6(e) of the NSLA Section 6(e) of the NSLA (codified(codified at 42 U.S.C.at 42 U.S.C. §1755(e)). Not less than 12% of the assistance provided under §1755(e)). Not less than 12% of the assistance provided under
Section 6 (commodity assistance) and Section 4 and Section 11 (NSLP cash reimbursements) of the NSLA must be Section 6 (commodity assistance) and Section 4 and Section 11 (NSLP cash reimbursements) of the NSLA must be
provided as Section 6 commodity assistance. Prior to FY2018, bonus commodity assistance wasprovided as Section 6 commodity assistance. Prior to FY2018, bonus commodity assistance was ~~allowed~~ allowed to count to count
toward this requirement. toward this requirement.
2428 Entitlement commodity assistance totaled $ Entitlement commodity assistance totaled $~~1.3 billion~~951 million in NSLP, $ in NSLP, $~~132~~170 million in CACFP, and $ million in CACFP, and $~~1.2~~10 million million in SFSPin SFSP in
~~FY2020. USDA FNS, “March Keydata Report (November 2020 data),” March 12, 2021~~ in FY2021. USDA-FNS, “January 2022 Keydata Report,” April 13, 2022, https://www.fns.usda.gov/, https://www.fns.usda.gov/
~~data/march-keydata-report-november-2020-data.~~
~~25 T here~~data/keydata-report. 29 There was $5.7 million in bonus commodities delivered was $5.7 million in bonus commodities delivered through child nutrition programs in FY2019through child nutrition programs in FY2019 ~~and~~, $16.6 $16.6
~~million in FY2020. USDA FNS,~~ million in FY2020, and $13.1 million in FY2021. USDA-FNS, “November Keydata Report (September 2019 data),” December 13, 2019, “November Keydata Report (September 2019 data),” December 13, 2019,
https://www.fns.usda.gov/data/november-keydata-reporthttps://www.fns.usda.gov/data/november-keydata-report -september-2019-data; USDA-september-2019-data; USDA -FNS,FNS, “ “March Keydata Report March Keydata Report
(November 2020 data),” March 12, 2021, https://www.fns.usda.gov/data/march-keydata-report-november-2020-(November 2020 data),” March 12, 2021, https://www.fns.usda.gov/data/march-keydata-report-november-2020-~~data.~~
~~26 Section 7~~data; and USDA-FNS, “January 2022 Keydata Report,” April 13, 2022, https://www.fns.usda.gov/data/keydata-report. 30 Section 6 of the Richard B. Russell National School Lunch Act (codified at 42 U.S.C. §1755). 31 Section 14 of the Child Nutrition Act of 1966 (codified at 42 U.S.C. of the Child Nutrition Act of 1966 (codified at 42 U.S.C. ~~§1776).~~
~~27 7 C.F.R. §235.4~~ §1783). 32 Section 7 of the Child Nutrition Act of 1966 (codified at 42 U.S.C. §1776). .
Congressional Research Service Congressional Research Service
78

School Meals and Other Child Nutrition Programs: Background ~~and Funding~~

and Funding of Agriculture on a discretionary basis; per program regulations, states receive additional amounts for CACFP, commodity distribution, and administrative reviews of schools/institutions.33 Once states receive administrative funds, they can apportion them among child nutrition programs and activities as administrative funds, they can apportion them among child nutrition programs and activities as
they see fit.they see fit.28
34 In addition, states receive separate administrative payments through SFSP that equal at least 2.5% In addition, states receive separate administrative payments through SFSP that equal at least 2.5%
of their summer meal aid.of their summer meal aid.2935 States may also retain a portion of FFVP aid for their administrative States may also retain a portion of FFVP aid for their administrative
expenses.expenses.3036
At the local level, schools and institutions may use per-meal reimbursements to cover their At the local level, schools and institutions may use per-meal reimbursements to cover their
administrative costs.administrative costs.31 In CACFP, institutions that oversee day care homes receive separate In CACFP, institutions that oversee day care homes receive separate
monthly payments for administrative expenses based on the number of day care homes under monthly payments for administrative expenses based on the number of day care homes under
their jurisdiction.their jurisdiction.3237
Other Federal Funding
A few child nutrition programs and activities have mandatory funding provided directly in the A few child nutrition programs and activities have mandatory funding provided directly in the
authorizing law. For example, FFVP receives mandatory funding from Section 32 and the authorizing law. For example, FFVP receives mandatory funding from Section 32 and the ~~Farm to~~
~~School Grant Program~~farm to school program receives mandatory funding under the NSLA. receives mandatory funding under the NSLA.3338
There are also a few child nutrition activities that are funded on a discretionary basis, including There are also a few child nutrition activities that are funded on a discretionary basis, including
the Summer EBT demonstration, the Team Nutrition initiative, and school meals equipment the Summer EBT demonstration, the Team Nutrition initiative, and school meals equipment
grants. grants.
Nonfederal Funding
Federal subsidies do not necessarily cover the full cost of meals and snacks prepared by schools Federal subsidies do not necessarily cover the full cost of meals and snacks prepared by schools
and institutions.and institutions.39 Child nutrition programs may also receive funds from participants, states, school Child nutrition programs may also receive funds from participants, states, school
districts, local governments, and other entities. NSLP is the only child nutrition program with a districts, local governments, and other entities. NSLP is the only child nutrition program with a
~~cost~~ cost-sharing requirement for states, which amounts to a contribution of roughly $200 sharing requirement for states, which amounts to a contribution of roughly $200 ~~mil ion from~~
~~al states combined annual y.34 Some states provide additional funding for NSLP and other child~~
~~nutrition programs beyond the required amount, including some states that provide their own per-~~
~~meal reimbursements.35~~

~~28 7 C.F.R. §235.6.~~
29million from all states combined annually.40 Some states provide additional funding for NSLP and 33 7 C.F.R. §235.4. 34 7 C.F.R. §235.6. 35 Section 13(k)(1) of the NSLA (codified at 42 U.S.C. Section 13(k)(1) of the NSLA (codified at 42 U.S.C. §1761(k)(1)); 7 C.F.R. §225.5. §1761(k)(1)); 7 C.F.R. §225.5.
3036 Section 19 of the NSLA (codified Section 19 of the NSLA (codified at 42 U.S.C.at 42 U.S.C. ~~§1769(i)(6)(B)).~~
~~31 In SFSP, reimbursements are broken out into two components: an operating component and administrative~~
~~component. Reimbursements in the other child nutrition programs do not make this distinction.~~
32 §1769(i)(6)(B)). 37 Section 17(f)(3)(B) of the NSLA (codified at 42 U.S.C. Section 17(f)(3)(B) of the NSLA (codified at 42 U.S.C. §1766(f)(3)(B)); 7 C.F.R. §226.12. §1766(f)(3)(B)); 7 C.F.R. §226.12.
3338 Other child nutrition activities with mandatory funding include Other child nutrition activities with mandatory funding include ~~Food Safety Education, Coordinated Review,~~
~~Computer Support, T raining and T echnical Assistance, studies, payment accuracy, and Farm to School T eam. See p.~~
~~32-13 of FY2020 USDA FNS Congressional Budget Justification, available at https://www.obpa.usda.gov/~~
~~32fns2020notes.pdf.~~
~~34 Section 7(a)(1) of the NSLA (codified at 42 U.S.C. §1756(a)(1)). T he required contribution in NSLP equals 30% of~~
~~Section 4 funds (the NSLP base reimbursement) made available to states in school year 1980 -1981 (not inflation~~
~~adjusted), which was $200 million according to U.S. Congress, Senate Committee on Agriculture, Nutrition, and~~
~~Forestry,~~ ~~Child Nutrition Program s: Description, History,~~ the Institute of Child Nutrition, administrative reviews, technical assistance for program integrity, and professional standards for school food service personnel. See p. 35-13 of USDA-FNS, “2023 USDA Explanatory Notes – Food and Nutrition Service,” https://www.usda.gov/sites/default/files/documents/35-2023-FNS.pdf. 39 Based on a study by USDA of meal costs in school year 2014-2015, the average lunch reimbursement ($2.26) covered 62% of the average reported (direct) cost ($3.66) of producing a reimbursable lunch and 41% of the average full (including indirect) cost ($5.55) of producing a reimbursable lunch. USDA-FNS, School Nutrition and Meal Cost Study, Final Report Volume 3: School Meal Costs and Revenues, Office of Policy Support, April 2019, p. 53, https://www.fns.usda.gov/school-nutrition-and-meal-cost-study. 40 Section 7(a)(1) of the NSLA (codified at 42 U.S.C. §1756(a)(1)). The required contribution in NSLP equals 30% of Section 4 funds (the NSLP base reimbursement) made available to states in school year 1980-1981 (not inflation adjusted), which was $200 million according to U.S. Congress, Senate Committee on Agriculture, Nutrition, and Forestry, Child Nutrition Programs: Description, History, Issues, and Options, committee print, 98th Cong., 1st Sess., , committee print, 98th Cong., 1st Sess.,
January 1983, S. Prt. 98-15 (Washington, DC: GPO, 1983), p. 8. States must also maintain level funding to the amount January 1983, S. Prt. 98-15 (Washington, DC: GPO, 1983), p. 8. States must also maintain level funding to the amount
expended in FY1977 for state administrative expenses associated with NSLP, SBP,expended in FY1977 for state administrative expenses associated with NSLP, SBP, and SMP, per Section 7(f) of Child and SMP, per Section 7(f) of Child
Nutrition ActNutrition Act (codified at 42 U.S.C.(codified at 42 U.S.C. ~~§1776(f)).~~
~~35 T he School Nutrition Association, a trade association representing school meal operators, tracks state policies and~~
~~funding at https://schoolnutrition.org/LegislationPolicy/StateLegislationPolicyReports/.~~
~~Congressional Research Service~~
8

§1776(f)). Congressional Research Service 9 link to page 14 School Meals and Other Child Nutrition Programs: Background ~~and Funding~~

and Funding other child nutrition programs beyond the required amount, including some states that provide their own per-meal reimbursements.41 An FNS study of the school meals programs in school year 2014-2015 found that An FNS study of the school meals programs in school year 2014-2015 found that approximately 63% of school 63% of school
food service revenues came from federal funds, food service revenues came from federal funds, 3031% came from student payments for paid and % came from student payments for paid and
~~reduced-price meals and other school foods, and 6% came from state and local funds.36~~
~~Child Nutrition Program Operations During the COVID-19 Pandemic~~
~~Starting in March 2020 and continuing in school year 2020-2021, many school districts and nonprofit organizations~~
~~have been operating the summer meals programs, which, per existing program regulations and guidance, can~~
~~operate during “unanticipated school closures.”37 Other school districts have continued operating the school~~
~~meals programs, which USDA clarified could operate during periods of virtual learning.38~~
~~With expanded waiver authority and supplemental funding from COVID-19 response acts, USDA has also waived~~
~~several child nutrition program requirements during the pandemic.39 For example, USDA has al owed states and~~
~~providers to serve meals free of charge to al children without an eligibility test, parent pick-up and home delivery~~
~~of meals, and virtual monitoring of program operations.40~~
~~For more information about child nutrition program operations during the COVID-19 pandemic, see~~

~~CRS Report R46681, USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic; and~~

~~USDA Food and Nutrition Service, “Child Nutrition COVID-19 Waivers,”~~
~~www.fns.usda.gov/programs/fns-disaster-assistance/fns-responds-covid-19/child-nutrition-covid-19-~~
~~waivers.~~
~~National School Lunch Program (NSLP) and School~~
~~Breakfast Program (SBP)~~
~~The~~ reduced-price meals and other school foods, and 6% came from state and local funds (shown in Figure 1).42 Figure 1. School Food Authority (SFA) Revenue by Source, School Year 2014-2015 Source: CRS based on USDA FNS, School Nutrition and Meal Cost Study, Final Report Volume 3: School Meal Costs and Revenues, Office of Policy Support, April 2019, https://www.fns.usda.gov/school-nutrition-and-meal-cost-study. Notes: Percentages do not add to 100% due to rounding. National School Lunch Program (NSLP) and School Breakfast Program (SBP) National School Lunch Program (NSLP) and School Breakfast Program (SBP) NSLP and SBP (the ~~(the “~~school school
meals programsmeals programs”) provide federal support for meals served in approximately 94,600 public and ) provide federal support for meals served in approximately 94,600 public and
private elementary and secondary schools nationwide private elementary and secondary schools nationwide ~~as of FY2020.41~~in a typical school year.43 They also support meals They also support meals served in in
~~a smal er~~a smaller number of residential child care institutions. number of residential child care institutions.4244 Schools receive federal aid in the form of Schools receive federal aid in the form of

~~36 USDA FNS,~~ cash reimbursements for every meal they 41 The School Nutrition Association, a trade association representing school meal operators, tracks state policies and funding at https://schoolnutrition.org/LegislationPolicy/StateLegislationPolicyReports/. 42 USDA-FNS, School Nutrition and Meal Cost Study, Final Report Volume 3: School Meal Costs and Revenues, ,
Office of Policy Support, April 2019, p. 43, https://www.fns.usda.gov/school-nutrition-and-meal-cost-study. Office of Policy Support, April 2019, p. 43, https://www.fns.usda.gov/school-nutrition-and-meal-cost-study.
~~37 7 C.F.R. §§225.6(b)(4) and 225.14(a).~~
~~38 USDA, FNS, “COVID-19 Congregate Meal Waivers & Q&As on Summer Meal Delivery Using Existing~~
~~Authority,” April 4, 2020, https://www.fns.usda.gov/sfsp/covid-19/covid-19-meal-delivery.~~
~~39 For child nutrition waiver authorities, see Section 12(l) of the Richard B. Russell National School Lunch Act~~
~~(codified at 42 U.S.C. §1760(l)) and Sections 2102 -2202 of the Families First Coronavirus Response Act (FFCRA; P.L.~~
~~116-127).~~
~~40 For a list of child nutrition program waivers that USDA has issued during the pandemic, see USDA FNS, “Child~~
~~Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-responds-covid-19/~~
~~child-nutrition-covid-19-waivers.~~
~~41 In FY2020, 94,582~~43 Prior to the COVID-19 pandemic, as of fall 2019, close to 94,600 schools participated in NSLP and schools participated in NSLP and ~~88,307~~ nearly 88,200 schools participated in SBP (with substantial overlap), schools participated in SBP (with substantial overlap),
according to USDAaccording to USDA ~~FNS, “March Keydata Report (November 2020 data),” March 12~~-FNS, “September 2020 Keydata Report,” January 27, 2021, https://www.fns.usda.gov/, 2021, https://www.fns.usda.gov/
data/data/~~march~~september-2020-keydata-report-keydata-report~~-november-2020-data~~. This includes nearly 4,600 private schools participating in NSLP and . This includes nearly 4,600 private schools participating in NSLP and
2,800 private schools participating in SBP, according to CRS2,800 private schools participating in SBP, according to CRS communication with communication with ~~FNS~~ USDA-FNS on March 22, 2021.on March 22, 2021.
~~42 In FY2020~~ 44 In fall 2019, approximately 2,400 residential child care institutions (RCCIs) participated in NSLP, approximately 2,400 residential child care institutions (RCCIs) participated in NSLP~~. T his~~ (ibid). This report refers report refers
to “schools,” but it shouldto “schools,” but it should be understood that for NSLP and SBP,be understood that for NSLP and SBP, it means both schools and RCCIs.it means both schools and RCCIs. ~~RCCIs~~ RCCIs are defined are defined
as followsas follows in school meal program regulations: “in school meal program regulations: “ ~~T he~~The term ‘residential child care institutions’ includes, but is not limited 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; to: homes for the mentally, emotionally or physically impaired, and unmarried mothers and their infants; group homes;
halfway houses;halfway houses; orphanages; temporary shelters for abused children and for runaway children; long-term care facilities 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 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 facility, intermediate care facility, or distinct part thereof, which is intended for the care of children confined for 30
days or more.” (7 C.F.R. §210.2).days or more.” (7 C.F.R. §210.2). Nonresidential child care centers are eligiblechild care centers are eligible to participate in CACFP. to participate in CACFP.
Congressional Research Service Congressional Research Service
910

link to page link to page 4344 link to page 44 link to page 41 link to page link to page 41 link to page 1546 link to page 16 School Meals and Other Child Nutrition Programs: Background and Funding

~~cash reimbursements for every meal they~~ serve that meets federal nutritional requirements serve that meets federal nutritional requirements
(limited to one breakfast and lunch per child daily). The largest subsidies are provided for free (limited to one breakfast and lunch per child daily). The largest subsidies are provided for free
and reduced-price meals served to eligible students based on income eligibilityand reduced-price meals served to eligible students based on income eligibility and categorical and categorical
~~eligibility rules~~eligibility rules (discussed below). Schools also receive a certain amount of commodity assistance per lunch served . Schools also receive a certain amount of commodity assistance per lunch served
(discussed previously). Schools participating in NSLP have the option of providing afterschool (discussed previously). Schools participating in NSLP have the option of providing afterschool
snacks through the program, and schools participating in NSLP or SBP have the option of snacks through the program, and schools participating in NSLP or SBP have the option of
providing summer meals and snacks through the Seamless Summer Option (discussed in the providing summer meals and snacks through the Seamless Summer Option (discussed in the
“After-School Meals and Snacks” and and “Seamless Summer Option”” sections). sections).
Schools are not required by federal law to participate in NSLP or SBP; however, some states Schools are not required by federal law to participate in NSLP or SBP; however, some states
require schools to have a school lunch and/or breakfast program, and some require schools to have a school lunch and/or breakfast program, and some ~~states~~ require schools require schools
~~to do so~~to operate such programs through NSLP and/or SBP. Some states also provide state funding for the school meals through NSLP and/or SBP. Some states also provide state funding for the school meals
~~programs.43~~programs, including two states—California and Maine—that have authorized funding to provide free meals to all students starting in school year 2022-2023.45 Schools that do not participate in the federal school meals programs may Schools that do not participate in the federal school meals programs may ~~stil operate~~
~~local y~~ still operate locally funded meal programs.funded meal programs.4446
The Healthy, Hunger-Free Kids Act of 2010 (HHFKA; The Healthy, Hunger-Free Kids Act of 2010 (HHFKA; P.L. 111-296) made several changes to the P.L. 111-296) made several changes to the
school meals programs. Among those changes was a requirement that USDA update the nutrition school meals programs. Among those changes was a requirement that USDA update the nutrition
standards for school meals and create new nutritional requirements for foods sold in NSLP and standards for school meals and create new nutritional requirements for foods sold in NSLP and
SBP schools within a certain timeframe. The law also created the Community Eligibility SBP schools within a certain timeframe. The law also created the Community Eligibility
Provision, through which eligible schools can provide free meals to Provision, through which eligible schools can provide free meals to al all students. These changes students. These changes
are discussed further within this section. are discussed further within this section.
NSLP and SBP are two separate programs, and schools can choose to operate one and not the NSLP and SBP are two separate programs, and schools can choose to operate one and not the
other.other.47 The programs are discussed together in this report because they share many of the same The programs are discussed together in this report because they share many of the same
requirements. Differences between the programs are noted where applicable. requirements. Differences between the programs are noted where applicable.
Figure 1 displays average daily participation in NSLP and SBP in participating schools.
This section discusses topics specific to the school meals programs. Other food service topics relevant to child nutrition programs more broadly (e.g., the farm to school program) are discussed in the “Other Child Nutrition Activities” section. Figure 2 displays average daily meals served through NSLP and SBP in participating schools in fall 2019 (pre-pandemic) and fall 2021 (under pandemic response policies). Participation in SBP tends to be lower Participation in SBP tends to be lower than in NSLP for several reasons, including the for several reasons, including the ~~traditional y~~traditionally required required
early arrival by students in order to receive a meal before school starts. early arrival by students in order to receive a meal before school starts.

~~43 T he~~ 45 The School Nutrition Association, a trade association representing school meal operators, tracks state policies and School Nutrition Association, a trade association representing school meal operators, tracks state policies and
fundingfunding at https://schoolnutrition.org/LegislationPolicy/StateLegislationPolicyReports/. at https://schoolnutrition.org/LegislationPolicy/StateLegislationPolicyReports/.
~~44 T here~~State of California, “2021-22 State Budget: Entire Education Budget,” http://www.ebudget.ca.gov/budget/2021-22EN/#/Agency/6010, accessed August 9, 2021; and H.P. 156 - L.D. 221 (130th Maine Legislature), http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=221&PID=1456&snum=130. 46 There is limited research on schools that opt out of the federal school meals programs. An older (1993) GAO is limited research on schools that opt out of the federal school meals programs. An older (1993) GAO
analysis found that smaller and wealthier schools wereanalysis found that smaller and wealthier schools were more likely to drop out of NSLP.more likely to drop out of NSLP. ~~GAO~~ GAO found that common found that common
reasons for departure includedreasons for departure included financial considerations and compliance with federal nutrition standards. Seefinancial considerations and compliance with federal nutrition standards. See GAO, GAO,
Schools That Left the National School Lunch Program , December 1993, https://www.gao.gov/assets/80/78774.pdfDecember 1993, https://www.gao.gov/assets/80/78774.pdf. 47 USDA estimated that 94% of schools operating NSLP also operated SBP in FY2020 prior to the COVID-19 pandemic (USDA-FNS, “2023 USDA Explanatory Notes – Food and Nutrition Service,” p. 35-14, https://www.usda.gov/sites/default/files/documents/35-2023-FNS.pdf). Congressional Research Service 11.
~~Congressional Research Service~~
10

School Meals and Other Child Nutrition Programs: Background and Funding

Figure 12. NSLP and SBP Average Daily Meals Served, Fall 2019 vs. Fall 2021 Source: CRS calculations based on USDA-FNS, “January 2022 Keydata Report,” April 13, 2022, https://www.fns.usda.gov/data/keydata-report and USDA-FNS, “September 2020 Keydata Report,” January 27, 2021, https://www.fns.usda.gov/data/september-2020-keydata-report. Notes: Fal 2021 data are preliminary and reflect COVID-19 pandemic response policies, under which schools had the option to serve meals for free to all students through the Seamless Summer Option. Fall 2019 data may underestimate free meal receipt, as children in Community Eligibility Provision schools were counted in the “paid” and “free” categories due to the reimbursement model even though all children in such schools receive free meals. Administration Locally, the school meals programs are usually~~. NSLP and SBP Participation, FY2020~~
~~Number of Children Participating in NSLP and SBP by Eligibility Category~~

Source: USDA FNS, “March Keydata Report (November 2020 data),” March 12, 2021,
~~https://www.fns.usda.gov/data/march-keydata-report-november-2020-data.~~
Notes: FY2020 was an atypical year of operations due to the COVID-19 pandemic, and reflects lower school
~~meal participation compared to recent years. Participation estimated by USDA FNS based on average daily meals~~
~~served. Figure reflects participation at schools and residential child care institutions operating NSLP and/or SBP.~~
~~Children may participate in both SBP and NSLP in schools that operate both programs. Al children in~~
~~Community Eligibility Provision (CEP) schools are counted as free meal participants.~~
~~Administration~~
~~Local y, the school meals programs are usual y~~ administered by school districts. Statute and administered by school districts. Statute and
regulations designate regulations designate school food authorities as the local authorities in charge of operating the as the local authorities in charge of operating the
school meal programs; school meal programs; ~~typical y~~typically, these are food service departments within school districts., these are food service departments within school districts.4548
Local educational agencies—the broader school district or school board—also play a role in Local educational agencies—the broader school district or school board—also play a role in
administering the school meal programs.administering the school meal programs.4649 This report sometimes uses the term This report sometimes uses the term school district to to
~~refer~~refer informally to the local administrative to the local administrative ~~body of~~entities in the school meals programs. the school meals programs.
In general, school food authorities handle food service In general, school food authorities handle food service operations and accounting responsibilities, such as and accounting responsibilities, such as
~~food preparation~~food procurement, preparation, and service and tracking meals for reimbursement, while local educational agencies handle and tracking meals for reimbursement, while local educational agencies handle
administrative duties, such as processing applications and certifying children for free and administrative duties, such as processing applications and certifying children for free and
reduced-price school meals. reduced-price school meals.
At the state level, the school meals programs are most often administered by state departments of At the state level, the school meals programs are most often administered by state departments of
education.education.4750 State administrative agencies are responsible for distributing federal reimbursements State administrative agencies are responsible for distributing federal reimbursements

~~45 See~~ 48 See definitions of school food authority and local educational agenciesdefinitions of school food authority and local educational agencies at 7 C.F.R.at 7 C.F.R. §210.2 and 7 C.F.R.§210.2 and 7 C.F.R. §220.2. §220.2.
4649 Ibid. Ibid.
4750 For a list of state administrative agencies, see For a list of state administrative agencies, see USDA FNS, “Contact Map,” https://www.fns.usda.gov/contactshttps://www.fns.usda.gov/contacts/contact-map. .
Congressional Research Service Congressional Research Service
1112

link to page link to page 1617

School Meals and Other Child Nutrition Programs: Background and Funding

to school food authorities and overseeing school districts’ administration of the school meal to school food authorities and overseeing school districts’ administration of the school meal
programs, including by conducting administrative reviews of school districts.programs, including by conducting administrative reviews of school districts.4851
At the federal level, FNS provides ongoing guidance and technical assistance to state agencies At the federal level, FNS provides ongoing guidance and technical assistance to state agencies
and school food authorities through seven regional offices. FNS also provides oversight of state and school food authorities through seven regional offices. FNS also provides oversight of state
agencies, including by conducting management evaluations.agencies, including by conducting management evaluations.4952
Figure 2 3 from the U.S. Government Accountability Office depicts the federal, state, and local roles in administering the school meals programs. depicts the federal, state, and local roles in administering the school meals programs.
Figure 23. Federal, State, and Local Roles in the School Meals Programs

Source: U.S. GovernmentU.S. Government Accountability Office (GAO),Accountability Office (GAO), USDA Has Reported Taking Some Steps to Reduce
Improper ~~Payments but Should Comprehensively~~ Payments but Should Comprehensively Assess Fraud Risks, GAO-19-389, May 2019, p. 4. , GAO-19-389, May 2019, p. 4.

48 51 Section 22(b)(1)(C)(i) of the NLSA (codified Section 22(b)(1)(C)(i) of the NLSA (codified at 42 U.S.C.at 42 U.S.C. §1769c(b)(1)(C)(i)). HHFKA required§1769c(b)(1)(C)(i)). HHFKA required states to “conduct states to “conduct
auditsaudits and reviewsand reviews ~~during~~ during a three-year cycle or other period prescribed by the Secretary.” Regulations requirea three-year cycle or other period prescribed by the Secretary.” Regulations require reviews reviews
once every three years, with the potential for a one-year extension (a four-year cycle) (7 C.F.R. §210.18(c)). On once every three years, with the potential for a one-year extension (a four-year cycle) (7 C.F.R. §210.18(c)). On
February 22, 2019, USDAFebruary 22, 2019, USDA ~~published~~ published a policy memoranduma policy memorandum ~~(SP~~ (SP 12-2019, 12-2019, Flexibility for the ~~Adm inistrative~~Administrative Review
Cycle ~~Requirem ent~~Requirement, https://www.fns.usda.gov/school-meals/flexibility-administrative-review-cycle-requirement, https://www.fns.usda.gov/school-meals/flexibility-administrative-review-cycle-requirement ) that ) that
allowsallows state agencies to request a waiver to extend the review cycle for up to two additional years (a five-year cycle). state agencies to request a waiver to extend the review cycle for up to two additional years (a five-year cycle).
49 52 U.S. U.S. Government Accountability Office (GAO), Government Accountability Office (GAO), USDA Has Reported Taking Some Steps to Reduce Improper
~~Paym ents~~Payments but Should ~~Com prehensively~~Comprehensively Assess Fraud Risks, GAO-19-389, May 2019, p. 7.GAO-19-389, May 2019, p. 7.
Congressional Research Service Congressional Research Service
1213

link to page link to page 1819 link to page link to page 2425 School Meals and Other Child Nutrition Programs: Background and Funding

Eligibility and Reimbursement
The school meals programs do not exclusively serve low-income children. Any student in an The school meals programs do not exclusively serve low-income children. Any student in an
NSLP or SBP participating school may purchase a school meal; however, children must meet NSLP or SBP participating school may purchase a school meal; however, children must meet
program eligibilityprogram eligibility rules in order to receive a free or reduced-price meal. rules in order to receive a free or reduced-price meal.
In most schools (excluding schools that participate in the Community Eligibility In most schools (excluding schools that participate in the Community Eligibility Provision or Provision or
other special options), children are certified for free or reduced-price school meals through one of other special options), children are certified for free or reduced-price school meals through one of
two pathways: (1) income eligibilitytwo pathways: (1) income eligibility for for free and reduced-price meals (information meals (information ~~typical y~~typically
collected via household application) and (2) categorical eligibilitycollected via household application) and (2) categorical eligibility for for free meals (information meals (information
collected via household application or direct certification). Each year, schools must verify a collected via household application or direct certification). Each year, schools must verify a
sample of household applications for accuracy. The pathways through which children are certified sample of household applications for accuracy. The pathways through which children are certified
for free or reduced-price school meals are shown ifor free or reduced-price school meals are shown in Figure 3.4.
If children are certified for free meals, the school food authority If children are certified for free meals, the school food authority ~~(through the state agency)~~
receives the free meal reimbursement for those meals. If children are certified for reduced-price receives the free meal reimbursement for those meals. If children are certified for reduced-price
meals, the school food authority receives a slightly lower reimbursement. School food authorities meals, the school food authority receives a slightly lower reimbursement. School food authorities
also receive a much also receive a much ~~smal er~~smaller paid-rate reimbursement for meals served to children who pay for paid-rate reimbursement for meals served to children who pay for
“full price” meals. School food authorities must follow federal guidelines in setting the price of “full price” meals. School food authorities must follow federal guidelines in setting the price of
paid meals.paid meals.5053
Certain schools follow different eligibility Certain schools follow different eligibility and reimbursement procedures because they and reimbursement procedures because they
participate in the Community Eligibilityparticipate in the Community Eligibility ~~Provision (CEP)~~ Provision or other or other ~~spec ial~~special options (discussed options (discussed
below in the below in the “Special Options” section). section).

~~50 T he~~ 53 The HHFKA set requirements around the price of paid meals, amending Section 12(p) of the NSLA HHFKA set requirements around the price of paid meals, amending Section 12(p) of the NSLA (codified at 42 (codified at 42
U.S.C.U.S.C. §1760(p)). However, appropriations laws in FY2018 and FY2019 waived§1760(p)). However, appropriations laws in FY2018 and FY2019 waived these requirements for many schools.these requirements for many schools.
For more information, see CRSFor more information, see CRS Report R45486, Report R45486, Child Nutrition ~~Program s~~Programs: Issues in the 115th Congress, and, and ~~FNS paid~~
~~lunch equity guidance for school year 2018-2019~~ USDA-FNS, “Paid Lunch Equity: Guidance for SY 2020-21,” January 22, 2020, https://www.fns.usda.gov/, https://www.fns.usda.gov/~~school-meals~~cn/paid-lunch-equity-guidance-/paid-lunch-equity-guidance-
school-year-school-year-~~2018-19~~2020-21. .
Congressional Research Service Congressional Research Service
1314

School Meals and Other Child Nutrition Programs: Background and Funding

Figure 34. Certification Pathways for Free and Reduced-Price School Meals
Household Application and Direct Certification Processes Household Application and Direct Certification Processes

Source: CRS adaptation of figure from U.S. GovernmentCRS adaptation of figure from U.S. Government Accountability Office (GAO),Accountability Office (GAO), School Meals Programs: School Meals Programs:
USDA Has Enhanced Controls, but Additional Verification Could Help Ensure LegitimateUSDA Has Enhanced Controls, but Additional Verification Could Help Ensure Legitimate Program AccessProgram Access, , GAO-GAO-
14-262, 14-262, May 2014, p. 13. Notes: FPG = federal poverty guidelines; SNAP = Supplemental Nutrition Assistance Program. Graphic does not depict direct certification of children for reduced-price meals through Medicaid in demonstration states or practices used in Community Eligibility Provision (CEP) schools and other school using special options~~May 2014, p. 13.~~
Notes: Direct certification of children in Medicaid demonstration states for reduced-price meals is not depicted
~~in this graphic. SNAP = Supplemental Nutrition Assistance Program, FPG = Federal Poverty Guidelines~~. .
Income Eligibility
Children are eligible Children are eligible for free or reduced-price meals if their household’s income for free or reduced-price meals if their household’s income ~~fal s~~falls within the within the
following ranges: following ranges:
  Free meals: household income at or below 130% of the federal poverty household income at or below 130% of the federal poverty
guidelines. guidelines.5154
  Reduced-price meals (charges of no more than 40 cents per lunch and 30 cents (charges of no more than 40 cents per lunch and 30 cents
per breakfast): household income above 130% and less than or equal to 185% of per breakfast): household income above 130% and less than or equal to 185% of
the federal poverty guidelines.the federal poverty guidelines.5255
These thresholds are based on the annual federal poverty guidelines established by the U.S. These thresholds are based on the annual federal poverty guidelines established by the U.S.
Department of Health and Human Services, and are updated Department of Health and Human Services, and are updated ~~annual y~~annually for inflation. FNS publishes for inflation. FNS publishes
the corresponding income limits by household size for free and reduced-price meals in the the corresponding income limits by household size for free and reduced-price meals in the

51 54 For the purposes of school meal eligibility, household is defined For the purposes of school meal eligibility, household is defined as “as “ a group of related or nonrelated individuals,a group of related or nonrelated individuals, who who
are not residents of an institution or boarding house, butare not residents of an institution or boarding house, but who are living aswho are living as one economic unit” (7 C.F.R. §245.2). one economic unit” (7 C.F.R. §245.2).
5255 Section 9(b)(1) of the NSLA Section 9(b)(1) of the NSLA (42 U.S.C.(42 U.S.C. §1758(b)(1). §1758(b)(1).
Congressional Research Service Congressional Research Service
1415

link to page link to page 1920 School Meals and Other Child Nutrition Programs: Background and Funding

Federal Register on an annual basis. on an annual basis.5653 Table 4 provides an example of the income limits for free provides an example of the income limits for free
and reduced-price meals and reduced-price meals ~~in school year 2020-2021~~ for a household of four. for a household of four.
To become income eligible To become income eligible for school meals, a parent or guardian must complete a paper or for school meals, a parent or guardian must complete a paper or
online application that includes the income of each household member, the household size, and online application that includes the income of each household member, the household size, and
other information.other information.5457 Household income is defined as total gross income (before taxes or Household income is defined as total gross income (before taxes or
deductions), including earnings and wages, certain public assistance benefits (such as deductions), including earnings and wages, certain public assistance benefits (such as
unemployment compensation, social security benefits, and child support payments), and unemployment compensation, social security benefits, and child support payments), and
retirement and pension income.retirement and pension income.5558 Households are asked to provide current weekly, biweekly, Households are asked to provide current weekly, biweekly,
twice monthly, or monthly income, which school district officials compare to the federal poverty twice monthly, or monthly income, which school district officials compare to the federal poverty
guidelines to determine eligibilityguidelines to determine eligibility for free meals, reduced-price meals, or neither.for free meals, reduced-price meals, or neither.5659 Households Households
only need to only need to ~~fil~~ fill out one application if they have multiple children in the same school district. out one application if they have multiple children in the same school district.
Table 4. School Meals Income Eligibility Guidelines for a Household of Four
For the 48 Contiguous States and the District of Columbia, School Year For the 48 Contiguous States and the District of Columbia, School Year ~~2020-2021~~
2022-2023
Income Eligibility

Threshold
(% of the federal
Annual Income for a
Meal Type
poverty ~~level~~guidelines)
Household of Four
Free Free
~~Less~~ Less than or equal to 130% than or equal to 130%
~~Less~~ Less than or equal to $than or equal to $~~34,060~~36,075
Reduced-price Reduced-price
~~Greater~~ Greater than 130% and less than 130% and less
~~Greater than $34,060~~ Greater than $36,075 and less and less
than or equal to 185% than or equal to 185%
than or equal to $ than or equal to $~~48,470~~51,338
Paid Paid
N/A N/A
N/A N/A
Source: USDA FNS, “Child Nutrition Programs:USDA FNS, “Child Nutrition Programs: Income EligibilityIncome Eligibility Guidelines,”Guidelines,” 85 87 Federal Register ~~16050, March~~
~~20, 2020~~8780, February 17, 2022. .
Note: This school year is defined as July 1, This school year is defined as July 1, ~~2020~~2022, through June 30, , through June 30, ~~2021~~2023. For. For other years,other years, household sizes, household sizes,
~~Alaska, and Hawai ,~~ and guidelines for Alaska, and Hawaii, see USDA FNS’s website:see USDA FNS’s website: http://www.fns.usda.gov/school-meals/income-eligibility-guidelines. http://www.fns.usda.gov/school-meals/income-eligibility-guidelines.
Categorical Eligibility
As an alternative to income eligibility, As an alternative to income eligibility, children can become eligible for free school meals if they children can become eligible for free school meals if they
~~fal~~ fall into a certain category (into a certain category (“called categorical eligibilitycategorical eligibility~~”).~~ ). Per statute, children are Per statute, children are ~~automatical y~~
~~eligible~~ automatically eligible for free lunches and breakfasts (without consideration of household income) if they are for free lunches and breakfasts (without consideration of household income) if they are
~~ in a household receiving benefits through the following programs:~~
~~ SNAP (Supplemental Nutrition Assistance Program);~~

~~53 USDA FNS,~~ 56 USDA-FNS, “Child Nutrition Programs: Income Eligibility Guidelines,”“Child Nutrition Programs: Income Eligibility Guidelines,” 85 85 Federal Register 16050, March 20, 16050, March 20,
2020. 2020.
~~54 T here~~57 There is a requirement that the adult household member filling is a requirement that the adult household member filling out the application provide the last four digits of out the application provide the last four digits of
his/her Socialhis/her Social ~~Security~~ Security number (Section 9(d)(1) of the NSLA), or, according to program regulations, indicate that they number (Section 9(d)(1) of the NSLA), or, according to program regulations, indicate that they
do not have one (7 C.F.R. §245.6(a)(6)). do not have one (7 C.F.R. §245.6(a)(6)). ~~T he~~The law does law does not allow for citizenship eligibility restrictions; Section 742(a) not allow for citizenship eligibility restrictions; Section 742(a)
of P.L. 104-193 states that individuals whoof P.L. 104-193 states that individuals who are eligibleare eligible for free publicfor free public education benefits under state education benefits under state ~~an d~~and local law local law shall shall
remain eligibleremain eligible to receive school lunch and school breakfast benefits. to receive school lunch and school breakfast benefits.
55 58 7 C.F.R. 7 C.F.R. §245.6(a)(5)(ii). Also see USDA§245.6(a)(5)(ii). Also see USDA -FNS,FNS, “Child Nutrition Programs: Income Eligibility Guidelines,”“Child Nutrition Programs: Income Eligibility Guidelines,” 85 85
Federal Register 16050, March 20, 2020, USDA16050, March 20, 2020, USDA -FNS,FNS, Eligibility Manual for School Meals: ~~Determ ining an d~~ Determining and Verifying
Eligibility, July 2017, https://www.fns.usda.gov/eligibility-manual-school-meals,, July 2017, https://www.fns.usda.gov/eligibility-manual-school-meals, and USDAand USDA -FNS,FNS, “ “Applying for Free Applying for Free
and Reducedand Reduced Price School Meals,” https://www.fns.usda.gov/cn/applying-free-and-reduced-price-school-meals. Price School Meals,” https://www.fns.usda.gov/cn/applying-free-and-reduced-price-school-meals.
5659 Ibid. Ibid. Households are asked to report this income for the most recent period prior to the application, unless it doesHouseholds are asked to report this income for the most recent period prior to the application, unless it does not not
reflect their typical income, in which case they can provide the amount of income they normally receive in a month.reflect their typical income, in which case they can provide the amount of income they normally receive in a month.
Congressional Research Service Congressional Research Service
1516

School Meals and Other Child Nutrition Programs: Background and Funding  in a household receiving benefits through the following programs:  SNAP (Supplemental Nutrition Assistance Program);  ~~and Funding~~

 FDPIR (Food Distribution Program on Indian Reservations, a program that FDPIR (Food Distribution Program on Indian Reservations, a program that
operates in lieu of SNAP on some Indian reservations); or operates in lieu of SNAP on some Indian reservations); or
 TANF (Temporary Assistance for Needy Families);  TANF (Temporary Assistance for Needy Families);
 enrolled in Head Start;  enrolled in Head Start;
 in foster care;  in foster care;
 a migrant;  a migrant;
 a runaway; or  a runaway; or
 homeless. homeless.5760
Categorical eligibility Categorical eligibility for free meals may be determined via a household application (households for free meals may be determined via a household application (households
provide a case number on the application) or through direct certification (discussed in the next provide a case number on the application) or through direct certification (discussed in the next
section). section). ~~As of school year 2014-2015, the vast majority of categorical y eligible children were~~
The vast majority of categorically eligible children are certified for free meals through direct certification.certified for free meals through direct certification.5861
Categorical eligibility Categorical eligibility for free school meals with SNAP and TANF began in the 1980s (then, the for free school meals with SNAP and TANF began in the 1980s (then, the
Food Stamp and Aid to Families with Dependent Children programs, respectively).Food Stamp and Aid to Families with Dependent Children programs, respectively).5962 Categorical Categorical
eligibilityeligibility enabled schools to make use of other programs’ more in-depth certification processes enabled schools to make use of other programs’ more in-depth certification processes
and reduced the number of applications that families had to and reduced the number of applications that families had to ~~fil out.60~~fill out.63 Other programs and Other programs and
categories were added over time. categories were added over time.
Direct Certification
Direct certification is a process through which state agencies and school districts Direct certification is a process through which state agencies and school districts ~~automatical y~~automatically
certify children for free meals based on documentation of the child’s status in a program or certify children for free meals based on documentation of the child’s status in a program or
category without the need for a household application.category without the need for a household application.6164 States are required to conduct direct States are required to conduct direct
certification for SNAP and have the option of conducting direct certification for the other certification for SNAP and have the option of conducting direct certification for the other
programs and categories that convey categorical eligibility. programs and categories that convey categorical eligibility.
For SNAP and other federal programs, the direct certification process For SNAP and other federal programs, the direct certification process ~~typical y~~typically involves state involves state
agencies (e.g., state SNAP and state educational agencies) cross-checking program rolls.agencies (e.g., state SNAP and state educational agencies) cross-checking program rolls.6265 A list A list
of matched children is sent to the school district, which certifies children for free meals without of matched children is sent to the school district, which certifies children for free meals without

~~57 See~~ 60 See Section 9(b)(12)(A) of the RussellSection 9(b)(12)(A) of the Russell National School Lunch Act (codifiedNational School Lunch Act (codified at 42 U.S.C.at 42 U.S.C. §1758(b)(12)(A)), for the §1758(b)(12)(A)), for the
more specific definitions of these categories. SNAP, FDPIR, and more specific definitions of these categories. SNAP, FDPIR, and ~~T ANF~~TANF have income limits, but have income limits, but the other qualifications the other qualifications
as definedas defined in the statute are not limited by income. in the statute are not limited by income.
~~58 Quinn Moore, Kevin Conway, and Brandon Kyler, et al.,~~ ~~Direct Certification in the National School Lunch~~
~~Program : State Im plem entation Progress, School Year 2014 -2015, Report to Congress, Mathematica Policy Research~~
~~for USDA FNS, CN-15-DC, October 2016, p. 24, https://www.fns.usda.gov/direct-certification-national-school-lunch-~~
~~program-report -congress-state-implementation-progress-0.~~
~~59 USDA FNS,~~ 61 According to CRS calculations using USDA-FNS 742 data for school year 2019-2020, 94% of categorically eligible students were directly certified for free school meals, compared to 6% certified by household application. 62 USDA-FNS, Direct Certification in the National School Lunch Program: State Implementation Progress: Report to
Congress, December 2008, p. 3, https://fns-prod.azureedge.net/sites/default/files/DirectCert08.pdf. December 2008, p. 3, https://fns-prod.azureedge.net/sites/default/files/DirectCert08.pdf.
6063 See, See, for example, U.S. Government Accountability Office, for example, U.S. Government Accountability Office, School-Meals Programs: USDA Has Enhanced Controls,
but Additional Verification Could Help Ensure ~~Legitim ate Program~~ Legitimate Program Access, GAO-14-262, May 2014, pp. 16-19, , GAO-14-262, May 2014, pp. 16-19,
http://www.gao.gov/products/GAO-14-262. http://www.gao.gov/products/GAO-14-262.
6164 Direct certification authority is in Section 9(b)(4)-(5) of the Russell National School Lunch Act (codified Direct certification authority is in Section 9(b)(4)-(5) of the Russell National School Lunch Act (codified at 42 at 42
U.S.C.U.S.C. §1758(b)(4)-(5)). Direct certification is defined in NSLP/SBP§1758(b)(4)-(5)). Direct certification is defined in NSLP/SBP program regulations at 7 C.F.R. §245.2. program regulations at 7 C.F.R. §245.2.
6265 USDA USDA -FNS,FNS, Direct Certification in the National School Lunch Program: State Implementation Progress, School Direct Certification in the National School Lunch Program: State Implementation Progress, School
Year 2014–2015: Report to Congress, Office of Policy Support, SpecialYear 2014–2015: Report to Congress, Office of Policy Support, Special Nutrition Programs Report No. CN-15-DC, Nutrition Programs Report No. CN-15-DC,
December 2016, p. xiii, https://fns-prod.azureedge.net/sites/default/files/ops/NSLPDirectCertification2015.pdf. December 2016, p. xiii, https://fns-prod.azureedge.net/sites/default/files/ops/NSLPDirectCertification2015.pdf.
Congressional Research Service Congressional Research Service
1617

School Meals and Other Child Nutrition Programs: Background and Funding

the need for a household application. the need for a household application.6366 For foster, homeless, migrant, and runaway children, For foster, homeless, migrant, and runaway children,
direct certification direct certification ~~typical y~~typically involves school district communication with a local or state official involves school district communication with a local or state official
who can provide documentation of the child’s status in one of these categories.who can provide documentation of the child’s status in one of these categories.6467
The 2004 child nutrition reauthorization act (P.L. 108-265) required states to conduct direct The 2004 child nutrition reauthorization act (P.L. 108-265) required states to conduct direct
certification with SNAP, with nationwide implementation taking effect in school year 2008-2009. certification with SNAP, with nationwide implementation taking effect in school year 2008-2009.
As of school year As of school year ~~2016-2017~~2018-2019 (the most recent data available), USDA reported that (the most recent data available), USDA reported that 9298% of % of
children in SNAP households were directly certified for free school meals.children in SNAP households were directly certified for free school meals.6568
The HHFKA The HHFKA made further policy changes to expand direct certification. One of those changes made further policy changes to expand direct certification. One of those changes
was the initiation of a demonstration project to test direct certification with Medicaid (see was the initiation of a demonstration project to test direct certification with Medicaid (see the text text
boxbox below). The law also funded performance incentive grants for high-performing states and ). The law also funded performance incentive grants for high-performing states and
~~authorized corrective action plans for low-performing states in direct certification activities.66~~

~~63 However, parents and guardians are notified of the child’s enrollment in free meals and are allowed to opt -out.~~
~~64 USDA FNS, Eligibility Manual for School Meals: Determining and Verifying Eligibility, July 2017,~~
~~https://www.fns.usda.gov/eligibility-manual-school-meals.~~
~~65 USDA FNS,~~ ~~Direct Certification in the National School Lunch Program Report to Congress: State Implementation~~
~~Progress, School Year 2015-2016 and 2016-2017, November 2018, https://www.fns.usda.gov/direct -certification-~~
~~national-school-lunch-program-report -congress-state-implementation-progress-1.~~
~~66 See CRS Report R41354, Child Nutrition and WIC Reauthorization: P.L. 111-296, for further discussion of these~~
~~and related policies.~~
~~Congressional Research Service~~
17

~~link to page 26~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

authorized corrective action plans for low-performing states in direct certification activities.69 Direct Certification with Medicaid Demonstration
The HHFKA The HHFKA initiated a demonstration project to conduct direct certification of children initiated a demonstration project to conduct direct certification of children ~~individual y~~individually participating participating
in Medicaid and children in Medicaid households.in Medicaid and children in Medicaid households. Unlike the other programsUnlike the other programs used to directly certify children for used to directly certify children for
school meals,school meals, Medicaid does Medicaid does not convey categorical eligibilityconvey categorical eligibility for free school meals,for free school meals, but rather identifiesbut rather identifies children in children in
households that would meet the incomehouseholds that would meet the income ~~eligibility~~ eligibility thresholds for thresholds for either free or reduced-price school meals.free or reduced-price school meals.6770
Fol owingFol owing the demonstration authority inthe demonstration authority in the HHFKA as the HHFKA as ~~wel as FNS’s standing pilot authority~~well as pilot authority in the Richard B. Russell National School Lunch Act, some states are , some states are
currently directly certifying children based on Medicaid data.currently directly certifying children based on Medicaid data.71 As of school As of school year 2022-2023~~year 2020-2021~~, there were, there were 19 27 states states
operating direct certification with Medicaid. Four operating direct certification with Medicaid. Four ~~of the states (Il inois, Kentucky, New York, and Pennsylvania)~~
states used Medicaid to directly certify used Medicaid to directly certify children for freefor free meals only (130% of the poverty levelmeals only (130% of the poverty level or below).72 Twenty-three states were ~~or below). Fifteen states~~
~~(California, Connecticut, Florida, Indiana, Iowa, Massachusetts, Michigan, Nebraska, Nevada, Texas, Utah, Virginia,~~
~~Washington, West Virginia, Wisconsin) were~~ operating under an expanded direct certification demonstration operating under an expanded direct certification demonstration
project to test direct certification with Medicaid for freeproject to test direct certification with Medicaid for free and reduced-price mealsand reduced-price meals (up to 185% of the poverty (up to 185% of the poverty
level).level).6873
FNS FNS has published published several evaluations of the demonstration evaluations of the demonstration ~~project in 2019 and 2020.69 The~~projects.74 These evaluations found that in states evaluations found that in states
with available data, direct certificationwith available data, direct certification with Medicaid led to morewith Medicaid led to more children being certified through direct children being certified through direct
certification rather than applicationcertification rather than application, and to some and to some newly certified children.newly certified children. ~~The 2020 evaluation~~ They also found that also found that
state administrativestate administrative costs were “modest” during start-up and declined over time.costs were “modest” during start-up and declined over time.70
~~Verification of Eligibility~~
~~Each fal , districts are required to verify a sample of approved household applications on file,~~
~~with a focus on applications close to the eligibility threshold (“error-prone” applications).71~~
75 66 However, parents and guardians are notified of the child’s enrollment in free meals and are allowed to opt-out. 67 USDA-FNS, Eligibility Manual for School Meals: Determining and Verifying Eligibility, July 2017, https://www.fns.usda.gov/eligibility-manual-school-meals. 70 USDA-FNS, “Request for Applications to Participate in Demonstration Projects to Evaluate Direct Certification with Medicaid,” January 27, 2016, https://www.medicaid.gov/federal-policy-guidance/downloads/cib-02-12-16.pdf. 71 Section 9(b)(15) of the NSLA (codified at 42 USC §1758(b)(15)), as added by Section 103 of P.L. 111-296; Section 18(c) of the NSLA (codified at 42 USC §1769(c)). 72 Illinois, Kentucky, New York, and Pennsylvania. 73 Alabama, California, Connecticut, Florida, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, North Carolina, South Carolina, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin. CRS communication with USDA-FNS in March 2021 and USDA-FNS, National School Lunch Program and School Breakfast Program Demonstration Projects to Evaluate Direct Certification with Medicaid, March 23, 2022, https://www.fns.usda.gov/cn/direct-certification-medicaid-demonstration-project. 74 USDA-FNS, Office of Policy Support, Evaluation of Demonstrations of National School Lunch Program and School Breakfast Program Direct Certification of Children Receiving Medicaid Benefits: Year 1 Report, prepared by Mathematica Policy Research, January 2015, https://www.fns.usda.gov/evaluation-demonstrations-national-school-lunch-program-and-school-breakfast-program-direct; USDA-FNS, Final Report: Direct Certification with Medicaid for Free and Reduced-Price Meals (DCMF/RP) Demonstration, Year 1, prepared by Mathematica Policy Research, August 2019, https://www.fns.usda.gov/cn/evaluation-direct-certification-medicaid-free-and-reduced-price-meals; USDA-FNS, Direct Certification with Medicaid for Free and Reduced-Price Meals (DCM-F/RP) Demonstration, Year 2, prepared by Mathematica Policy Research, September 2020, https://www.fns.usda.gov/nslp/evaluation-direct-certification-medicaid-free-and-reduced-price-meals-dcm-frp; and USDA-FNS, Office of Policy Support, Direct Certification with Medicaid for Free and Reduced-Price Meals (DCM-F/RP) Demonstration, School Year 2019-2020 Report, prepared by Mathematica Policy Research, March 2022, https://www.fns.usda.gov/cn/usda-dcm-frp- Congressional Research Service 18 link to page 26 link to page 24 link to page 11 School Meals and Other Child Nutrition Programs: Background and Funding Verification of Eligibility Each fall, districts are required to verify a sample of approved household applications on file, with a focus on applications close to the eligibility threshold (“error-prone” applications).76 School districts may also conduct verification of questionable applications. Verification is not School districts may also conduct verification of questionable applications. Verification is not
required for children who are directly certified for free or reduced-price meals. (Note that districts required for children who are directly certified for free or reduced-price meals. (Note that districts
participating participating in “in Provisions 1, 2, and 3” ~~(discussed below)~~ must meet verification requirements must meet verification requirements
for the years in which they administer household applications.) for the years in which they administer household applications.)
Many districts employ Many districts employ “direct verificationdirect verification” (matching data from other low-income programs) to (matching data from other low-income programs) to
conduct their verification activities, but if data cannot be verified in this way, schools must conduct their verification activities, but if data cannot be verified in this way, schools must
contact households to verify the information provided on the application. A child’s eligibility contact households to verify the information provided on the application. A child’s eligibility
status may stay the same or change (e.g., from free meals to reduced-price meals or loss of status may stay the same or change (e.g., from free meals to reduced-price meals or loss of
eligibility)eligibility) as a result of verification of household income, or if the household does not respond to as a result of verification of household income, or if the household does not respond to
verification outreach (in which case eligibility would be lost, though that decision can be verification outreach (in which case eligibility would be lost, though that decision can be
~~appealed).~~

~~67 USDA FNS, “Request for Applications to Participate in Demonstration Projects to Evaluate Direct Certification with~~
~~Medicaid,” January 27, 2016, https://www.medicaid.gov/federal-policy-guidance/downloads/cib-02-12-16.pdf.~~
~~68 CRS communication with FNS in March 2021.~~
~~69 USDA FNS,~~ ~~Final Report: Direct Certification~~ appealed). Reimbursement School food authorities must keep track of the daily number of meals they serve in each category (free, reduced-price, and paid) that meet federal nutrition requirements. School food authorities then submit claims for reimbursement to the state agency, which submits the claims to FNS. Approved reimbursements are distributed to school food authorities by the state agency, usually on a monthly basis. Per statute, reimbursement rates are adjusted for inflation annually.77 Table 5 shows NSLP and SBP reimbursement rates for school year 2020-2021. (Note that school food authorities also receive a per-lunch commodity reimbursement, discussed previously under “Commodity Assistance”.) demonstration. 73 Alabama, California, Connecticut, Florida, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, North Carolina, South Carolina, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin. CRS communication with USDA-FNS in March 2021 and USDA-FNS, National School Lunch Program and School Breakfast Program Demonstration Projects to Evaluate Direct Certification with Medicaid, March 23, 2022, https://www.fns.usda.gov/cn/direct-certification-medicaid-demonstration-project. 74 USDA-FNS, Office of Policy Support, Evaluation of Demonstrations of National School Lunch Program and School Breakfast Program Direct Certification of Children Receiving Medicaid Benefits: Year 1 Report, prepared by Mathematica Policy Research, January 2015, https://www.fns.usda.gov/evaluation-demonstrations-national-school-lunch-program-and-school-breakfast-program-direct; USDA-FNS, Final Report: Direct Certification with Medicaid for Free and Reduced -Price Meals (DCMF/RP)
~~Dem onstration~~Demonstration, Year 1, , prepared by Mathematica Policy Research, AugustMathematica Policy Research, August 2019, https://www.fns.usda.gov/cn/evaluation-direct-2019, https://www.fns.usda.gov/cn/evaluation-direct-
certification-medicaid-free-and-reduced-price-meals; USDAcertification-medicaid-free-and-reduced-price-meals; USDA ~~FNS,~~ -FNS, Direct Certification with Medicaid for Free and
Reduced-Price Meals (DCM-F/RP) ~~Dem onstration~~Demonstration, Year 2,, prepared by Mathematica Policy Research, September 2020, Mathematica Policy Research, September 2020,
https://www.fns.usda.gov/nslp/evaluation-direct-certification-medicaid-free-and-reduced-price-meals-dcm-frphttps://www.fns.usda.gov/nslp/evaluation-direct-certification-medicaid-free-and-reduced-price-meals-dcm-frp; and USDA-FNS, Office of Policy Support, Direct Certification with Medicaid for Free and Reduced-Price Meals (DCM-F/RP) Demonstration, School Year 2019-2020 Report, prepared by Mathematica Policy Research, March 2022, https://www.fns.usda.gov/cn/usda-dcm-frp-demonstration. 75.
70 Ibid. Ibid.
7176 In general, local educational agencies In general, local educational agencies must reviewmust review the smallest of 3,000 of all applications or 3% of errorthe smallest of 3,000 of all applications or 3% of error -prone -prone
applications. If the local educational agency has a nonresponse rate below 20% or has more than 20,000 children applications. If the local educational agency has a nonresponse rate below 20% or has more than 20,000 children
approved by application for free/reduced-price meals and a recently improved response rate, they may use alternative approved by application for free/reduced-price meals and a recently improved response rate, they may use alternative
sampling approaches. See Section 9(b)(3)(D) of the NSLA or program regulations at 7 C.F.R.sampling approaches. See Section 9(b)(3)(D) of the NSLA or program regulations at 7 C.F.R. ~~§245.6a.~~
~~Congressional Research Service~~
18

~~link to page 23~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~Reimbursement~~
~~School food authorities must keep track of the daily number of meals they serve in each category~~
~~(free, reduced-price, and paid) that meet federal nutrition requirements. School food authorities~~
~~then submit claims for reimbursement to the state agency, which submits the claims to FNS.~~
~~Approved reimbursements are distributed to school food authorities by the state agency, usual y~~
~~on a monthly basis. Per statute, reimbursement rates are adjusted for inflation annual y.~~72 Table 5
~~shows NSLP and SBP reimbursement rates in school year 2020-2021. (Note that school food~~
~~authorities also receive a per-lunch commodity reimbursement, discussed previously.)~~ Section 245.6a. 77 See Section 4 and Section 11 of the NSLA for the lunch reimbursement rates and Section 4 of the Child Nutrition Act of 1966 for breakfast reimbursement rates. Congressional Research Service 19 School Meals and Other Child Nutrition Programs: Background and Funding
The law provides a higher reimbursement rate for meals meeting certain criteria. For example, The law provides a higher reimbursement rate for meals meeting certain criteria. For example,
school food authorities that are compliant with the updated federal nutrition standards for school school food authorities that are compliant with the updated federal nutrition standards for school
meals receive an additional 7 cents per lunch.meals receive an additional 7 cents per lunch.7378 School food authorities also receive an additional School food authorities also receive an additional
2 cents per lunch if they serve 60% or more of their lunches at a free or reduced price. For 2 cents per lunch if they serve 60% or more of their lunches at a free or reduced price. For
breakfasts, school food authorities receive higher reimbursements if they serve 40% or more breakfasts, school food authorities receive higher reimbursements if they serve 40% or more
lunches at a free or reduced price (referred to as lunches at a free or reduced price (referred to as “severe needsevere need” schools). schools).
Once school food authorities receive the cash reimbursements, they can use the funds to support Once school food authorities receive the cash reimbursements, they can use the funds to support
almost any aspect of the school food service operation. However, federal cash reimbursements almost any aspect of the school food service operation. However, federal cash reimbursements
must go into a nonprofit school food service account that is subject to federal regulations.must go into a nonprofit school food service account that is subject to federal regulations.7479
Payments for non-program foods (e.g., vending machine sales) must also accrue to the nonprofit Payments for non-program foods (e.g., vending machine sales) must also accrue to the nonprofit
school food service account.school food service account.7580
FNS FNS ~~periodical y~~periodically studies the costs of producing a reimbursable meal. In April 2019, FNS released studies the costs of producing a reimbursable meal. In April 2019, FNS released
a a School Nutrition and Meal Cost Study, which found that the average reported, which found that the average reported cost of producing cost of producing
a reimbursable lunch was $3.81 in school year 2014-2015 (reported costs were defined as those a reimbursable lunch was $3.81 in school year 2014-2015 (reported costs were defined as those
charged to the school food service account).charged to the school food service account).7681 This exceeded the average federal cash This exceeded the average federal cash
reimbursement ($3.32) for lunches in school year 2014-2015. When unreported costs were reimbursement ($3.32) for lunches in school year 2014-2015. When unreported costs were
included (costs outside of the food service account; for example, labor costs associated with included (costs outside of the food service account; for example, labor costs associated with
processing applications), the cost of producing the average reimbursable lunch was $6.02. As processing applications), the cost of producing the average reimbursable lunch was $6.02. As
noted previously, children’s payments and state and local funds may also cover meal costs. noted previously, children’s payments and state and local funds may also cover meal costs.
Table 5. Reimbursement Rates: NSLP and SBP
Per-Meal Reimbursements for the 48 Contiguous States and the District of Columbia, Per-Meal Reimbursements for the 48 Contiguous States and the District of Columbia,
School Year School Year ~~2020-2021~~
~~School Food~~
~~Authorities~~2021-2022 Lunch Rate Bonus for School Food
Bonus for SFAs
Certified as Authorities ~~(SFAs) That~~
~~Certified as~~
~~Served Less Than~~
~~SFAs That Served~~
~~Compliant with~~
~~Lunch~~
~~60% of~~(SFAs) That Served Compliant with Nutrition Maximum Base Rate 60%+ Lunches at F/RP Standards Rate Free $3.66 +$0.02 +$0.07 $3.90 Reduced-price $3.26 +$0.02 +$0.07 $3.59 Paid $0.35 +$0.02 +$0.07 $0.50 Breakfast Rate SFAs That Served Less Than 40% of Lunches at F/RP SFAs That Served 40%+ Lunches at F/RP Free $1.97 $2.35 Reduced-price $1.67 $2.05 Paid $0.33 $0.33 78 The Healthy, Hunger-Free Kids ~~Lunches at~~
~~60%+ Lunches at~~
~~Nutrition~~
~~Maximum~~
~~Rate~~
~~F/RP~~
~~F/RP~~
~~Standards~~
~~Rate~~
~~Free~~
~~$3.51~~
~~$3.53~~
~~+$0.07~~
~~$3.75~~

~~72 See Section 4 and Section 11 of the NSLA for the lunch reimbursement rates and Section 4 of the Child Nutrition~~
~~Act of 1966 for breakfast reimbursement rates.~~
~~73 T he Healthy, Hunger-Free Kids~~ Act of 2010 (P.L. 111-296) provided an additional 6 cents per-lunch reimbursement Act of 2010 (P.L. 111-296) provided an additional 6 cents per-lunch reimbursement
(adjusted(adjusted annually for inflation) to schools meeting the updated annually for inflation) to schools meeting the updated ~~nutritio nal~~nutritional guidelines requirements. guidelines requirements. ~~T he~~The inflation- inflation-
adjustedadjusted rate for school year rate for school year ~~2019-2020 is 7 cents.~~
~~74 7 C.F.R. §210.14.~~
~~75 Section 12(p) of the NSLA (codified at 42 U.S.C. §1760(q)).~~
~~76 USDA FNS,~~ 2021-2022 is 7 cents (USDA-FNS, “National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates,” July 16, 2021, 86 Federal Register 37733). 79 7 C.F.R. §210.14. 80 Section 12(p) of the NSLA (codified at 42 U.S.C. §1760(q)). 81 USDA-FNS, School Nutrition and Meal Cost Study, Final Report Volume 3: School Meal Costs and Revenues,
Office of Policy Support, April 2019, https://www.fns.usda.gov/school-nutrition-and-meal-costOffice of Policy Support, April 2019, https://www.fns.usda.gov/school-nutrition-and-meal-cost -study. -study.
Congressional Research Service Congressional Research Service
1920

School Meals and Other Child Nutrition Programs: Background and Funding Source: USDA-FNS, “National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates,” July 16, 2021, 86 Federal Register 37733 (separately lists rates for Alaska, Guam, Hawaii, Puerto Rico, and the U.S. Virgin Islands). For historical ~~and Funding~~

~~School Food~~
~~Authorities~~
~~Bonus for SFAs~~
~~(SFAs) That~~
~~Certified as~~
~~Served Less Than~~
~~SFAs That Served~~
~~Compliant with~~
~~Lunch~~
~~60% of Lunches at~~
~~60%+ Lunches at~~
~~Nutrition~~
~~Maximum~~
~~Rate~~
~~F/RP~~
~~F/RP~~
~~Standards~~
~~Rate~~
~~Reduced-price~~
~~$3.11~~
~~$3.13~~
~~+$0.07~~
~~$3.35~~
~~Paid~~
~~$0.33~~
~~$0.35~~
~~+$0.07~~
~~$0.48~~
~~Breakfast~~
~~SFAs That Served Less Than 40% of~~
~~SFAs That Served 40%+ Lunches~~
~~Rate~~
~~Lunches at F/RP~~
~~at F/RP~~
~~Free~~
~~$1.89~~
~~$2.26~~
~~Reduced-price~~
~~$1.59~~
~~$1.96~~
~~Paid~~
~~$0.32~~
~~$0.32~~
Source: USDA FNS, “National School Lunch, Special Milk, and School Breakfast Programs, National Average
~~Payments/Maximum Reimbursement Rates,” July 22, 2020, 85 Federal Register 44270 (separately lists rates for~~
~~Alaska, Guam, Hawai , Puerto Rico, and the U.S. Virgin Islands). For historical~~ rates, see rates, see
https://www.fns.usda.gov/school-meals/rates-reimbursement. https://www.fns.usda.gov/school-meals/rates-reimbursement.
Notes: F/RP = free or reduced-price. The percentage of lunches/breakfasts servedF/RP = free or reduced-price. The percentage of lunches/breakfasts served at F/RP is based on the at F/RP is based on the
percentage of mealspercentage of meals ~~served~~ served two school years prior. The federaltwo school years prior. The federal per-meal reimbursementper-meal reimbursement rates are averages. rates are averages.
States can apportion funds among school food authorities above or below the average ratesStates can apportion funds among school food authorities above or below the average rates ~~depending on need;~~
; however,however, in NSLP they can only do so up to the maximumin NSLP they can only do so up to the maximum rate. States may also supplement federal rate. States may also supplement federal
~~reimbursements~~ reimbursements with state funding. with state funding.
Special Options
Community Eligibility Provision (CEP)
The HHFKA The HHFKA authorized the Community Eligibilityauthorized the Community Eligibility Provision (CEP), an option that Provision (CEP), an option that ~~al ows~~
~~eligible~~ allows eligible schools, groups of schools, and school districts to offer free meals to schools, groups of schools, and school districts to offer free meals to al all enrolled enrolled
students.students.7782 To participate in CEP, the school(s) must have an identified student percentage (ISP) To participate in CEP, the school(s) must have an identified student percentage (ISP)
of at least 40%. The ISP is the percentage of students in the school(s) who are certified for free of at least 40%. The ISP is the percentage of students in the school(s) who are certified for free
meals without a household application (i.e., who are directly certified for free meals through meals without a household application (i.e., who are directly certified for free meals through
SNAP or another program/category).SNAP or another program/category).7883 In addition, the school(s) must operate both NSLP and In addition, the school(s) must operate both NSLP and
SBP in order to participate in CEP, and they must opt-in to CEP. SBP in order to participate in CEP, and they must opt-in to CEP.
Based on the statutory parameters, FNS piloted CEP in various states over three school years, and Based on the statutory parameters, FNS piloted CEP in various states over three school years, and
expanded the option nationwide in school year 2014-2015. Eligible schools, groups of schools, expanded the option nationwide in school year 2014-2015. Eligible schools, groups of schools,
and entire school districts may participate; if participation is as a group, the ISP is calculated on a and entire school districts may participate; if participation is as a group, the ISP is calculated on a
group basis. Local educational agencies have until June 30 of each year to notify USDA of the group basis. Local educational agencies have until June 30 of each year to notify USDA of the
schools in their jurisdiction that schools in their jurisdiction that ~~wil~~ will participate in CEP.participate in CEP.7984 According to a database maintained by According to a database maintained by

~~77 For more detail on CEP, see CRS~~ the Food Research and Action Center, approximately 33,170 schools were approved to participate in CEP in school year 2020-2021, up from 18,220 schools in school year 2015-2016.85 Though CEP schools serve free meals to all students, they are not reimbursed at the free rate for every meal served. Instead, the law provides a funding formula: the ISP is multiplied by a factor of 1.6 to estimate the proportion of students who would be eligible for free or reduced-price meals had they been certified via application.86 The result is the percentage of meals served that will be reimbursed at the free-meal rate, with the remainder reimbursed at the much lower paid- 82 For further detail on CEP, see CRS Report R46371, Report R46371, Serving Free School Meals through the Community Eligibility
Provision (CEP): Background and Participation . .
78 83 A school’s A school’s ~~ISP~~number of identified students is essentially the same as its is essentially the same as its ~~direct certification rate~~number of directly certified students, except that the , except that the ~~ISP~~number of identified students does not include students does not include students
who are directly certified for reduced-pricewho are directly certified for reduced-price meals through the Medicaid demonstration. For the definition of “meals through the Medicaid demonstration. For the definition of “ identified identified
students” in regulations, see 7 C.F.R.students” in regulations, see 7 C.F.R. §245.9(f)(1)(ii). §245.9(f)(1)(ii).
~~79 USDA FNS,~~ 84 7 CFR §245.9(f)(4); USDA-FNS, “National School Lunch Program and School Breakfast Program: Eliminating Applications through “National School Lunch Program and School Breakfast Program: Eliminating Applications through
Community Eligibility as RequiredCommunity Eligibility as Required by the Healthy, Hunger-Free Kidsby the Healthy, Hunger-Free Kids Act of 2010,” 81 Act of 2010,” 81 Federal Register 50194, July 50194, July
~~29, 2016.~~
~~Congressional Research Service~~
20

~~link to page 26~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~the Food Research and Action Center, nearly 30,700 schools participated in CEP in school year~~
~~2019-2020, up from 18,220 schools in school year 2015-2016.80~~
~~Though CEP schools serve free meals to al students, they are not reimbursed at the free rate for~~
~~every meal served. Instead, the law provides a funding formula: the ISP is multiplied by a factor~~
~~of 1.6 to estimate the proportion of students who would be eligible for free or reduced-price~~
~~meals had they been certified via application.81 The result is the percentage of meals served that~~
~~wil be reimbursed at the free-meal rate, with the remainder reimbursed at the much lower paid-~~
29, 2016. 85 Food Research and Action Center (FRAC), “Community Eligibility (CEP) Database,” March 17, 2022, https://frac.org/research/resource-library/community-eligibility-cep-database. Under COVID-19 pandemic response policies, many schools approved to operate CEP in the 2020-2021 school year offered free meals to all students through the Seamless Summer Option instead. 86 Statute allows USDA to set the reimbursement multiplier between 1.3 and 1.6; USDA has set the multiplier at 1.6. USDA-FNS, “National School Lunch Program and School Breakfast Program: Eliminating Applications Through Community Eligibility as Required by the Healthy, Hunger-Free Kids Act of 2010,” 81 Federal Register 50194, July 29, 2016, p. 50201. Congressional Research Service 21 link to page 26 School Meals and Other Child Nutrition Programs: Background and Funding meal rate. For example, if a CEP school has an ISP of 40%, then 64% of its meals served would meal rate. For example, if a CEP school has an ISP of 40%, then 64% of its meals served would
be reimbursed at the free-meal rate and 36% would be reimbursed at the paid-meal rate. Schools be reimbursed at the free-meal rate and 36% would be reimbursed at the paid-meal rate. Schools
that identify 62.5% or more students as eligible for free meals receive the free-meal that identify 62.5% or more students as eligible for free meals receive the free-meal
reimbursement for reimbursement for al all meals served (62.5% multiplied by 1.6 equals 100%)meals served (62.5% multiplied by 1.6 equals 100%).. Figure 4 5 provides a provides a
visual representation of the CEP visual representation of the CEP ~~eligibility criteria and~~ reimbursement formula. reimbursement formula.
CEP participating schools must recalculate their ISP at least once every four years, but they can CEP participating schools must recalculate their ISP at least once every four years, but they can
choose to do so more frequently if desired.choose to do so more frequently if desired.8287 While eligibility While eligibility determinations occur every four determinations occur every four
years, schools can drop out of CEP at any time.years, schools can drop out of CEP at any time.8388
CEP is intended to reduce paperwork for families and schools and enable schools to provide more CEP is intended to reduce paperwork for families and schools and enable schools to provide more
free meals. However, the option may or may not be free meals. However, the option may or may not be ~~financial y~~financially beneficial for schools depending beneficial for schools depending
~~on their proportion of identified students.~~

~~80 Food Research and Action Center (FRAC),~~ ~~Community Eligibility: The Key to Hunger-Free Schools: School Year~~
~~2019–2020, May 2020, https://frac.org/research/resource-library/community-eligibility-the-key-to-hunger-free-schools-~~
~~school-year-2019-2020.~~
~~81 Statute allows USDA to set the reimbursement multiplier between 1.3 and 1.6; USDA has set the multiplier at 1.6.~~
~~USDA FNS, “ National School Lunch Program and School Breakfast Program: Eliminating Applications T hrough~~
~~Community Eligibility as Required by the Healthy, Hunger-Free Kids Act of 2010,” 81 Federal Register 50194, July~~
~~29, 2016, p. 50201.~~
~~82 7 C.F.R. §245.9(f).~~
~~83 7 C.F.R. §245.9(j).~~
~~Congressional Research Service~~
21

~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~Figure 4~~on their proportion of identified students. Figure 5. Community Eligibility Provision (CEP)~~: Eligibility and~~ Reimbursement Formula

Source: Graphic created by CRS based on current law Graphic created by CRS based on current law ~~formula~~. .
Notes: The Identified Student Percentage (ISP) is the percentage of enrol ed The Identified Student Percentage (ISP) is the percentage of enrol ed children who are certified forchildren who are certified for free free
mealsmeals without a household applicationwithout a household application. The ISP is multiplied by 1.6 to calculate the proportion of meals reimbursed at the free rate; the remainder of meals are reimbursed at the lower paid rate. .
Provisions 1, 2, and 3
Schools, groups of schools, and school districts can also use Provisions 1, 2, and 3 to establish Schools, groups of schools, and school districts can also use Provisions 1, 2, and 3 to establish
alternative certification and reimbursement procedures. These options are intended to alternative certification and reimbursement procedures. These options are intended to ~~reduc e~~reduce
paperwork for school administrators and families.paperwork for school administrators and families.8489 The options predate CEP, and unlike CEP, The options predate CEP, and unlike CEP,
they they ~~stil~~ still require some household applications. A school’s decision to participate in a special require some household applications. A school’s decision to participate in a special
~~option may depend on financial considerations.~~
~~Provision 1~~ ~~al ows~~option may depend on financial considerations. There were approximately 3,900 schools 87 7 C.F.R. §245.9(f). 88 7 C.F.R. §245.9(j). 89 USDA-FNS, “Provisions 1, 2, and 3,” May 6, 2014, https://www.fns.usda.gov/school-meals/provisions-1-2-and-3. Congressional Research Service 22 School Meals and Other Child Nutrition Programs: Background and Funding operating Provisions 1, 2, or 3 in school year 2019-2020, most of which operated Provisions 2 or 3.90 Provision 1 allows schools with high proportions (80% or more) of students eligible for free and schools with high proportions (80% or more) of students eligible for free and
reduced-price meals to make free meal eligibilityreduced-price meals to make free meal eligibility determinations that remain in effect for two determinations that remain in effect for two
school years. This reduces the number of applications they have to process (though they school years. This reduces the number of applications they have to process (though they ~~stil~~ still have have
to process reduced-price meal applications to process reduced-price meal applications ~~annual y).85~~annually).91
Provision 2 and and Provision 3 are open to are open to al all schools. Similar to CEP, schools, groups of schools, schools. Similar to CEP, schools, groups of schools,
or school districts must agree to provide free meals (lunches or school districts must agree to provide free meals (lunches or lunches/breakfasts) to lunches/breakfasts) to al all students students
in order to participate in Provision 2 or Provision 3. Under Provision 2, schools are reimbursed in order to participate in Provision 2 or Provision 3. Under Provision 2, schools are reimbursed
over a four-year period using the proportion of meals served at a free/reduced-price/paid rate over a four-year period using the proportion of meals served at a free/reduced-price/paid rate
during the first year. Eligibilityduring the first year. Eligibility determinations in the first year are based on direct certification determinations in the first year are based on direct certification
and household applications (a difference from CEP). Under Provision 3, schools are similarly household applications (a difference from CEP). Under Provision 3, schools are similarly
required to make eligibilityrequired to make eligibility determinations in the first year of a four-year period. However, in this determinations in the first year of a four-year period. However, in this

~~84 USDA FNS, “ Provisions 1, 2, and 3,” May 6, 2014, https://www.fns.usda.gov/school-meals/provisions-1-2-and-3.~~
~~85 Section 11(a)(1) of the NSLA (codified at 42 U.S.C. §1759a(a)(1)); 7 C.F.R. §245.9; USDA FNS, “ Provisions 1, 2,~~
~~and 3,” May 6, 2014, https://www.fns.usda.gov/school-meals/provisions-1-2-and-3.~~
~~Congressional Research Service~~
22

~~School Meals and Other Child Nutrition Programs: Background and Funding~~

case, schools receive the same level of federal assistance over the next three years, which is case, schools receive the same level of federal assistance over the next three years, which is
adjusted for enrollment and inflation (there are no separate payments for free/reduced-price/paid adjusted for enrollment and inflation (there are no separate payments for free/reduced-price/paid
meals).meals).8692
Nutrition Standards and Food Service
Nutrition Standards for School Meals
Nutritional requirements for school meals have changed throughout the history of the school Nutritional requirements for school meals have changed throughout the history of the school
meals programs.meals programs.8793 The most recent child nutrition reauthorization, the HHFKA The most recent child nutrition reauthorization, the HHFKA in 2010, required in 2010, required
USDA to update the nutrition standards for school meals within 18 months of the law’s enactment USDA to update the nutrition standards for school meals within 18 months of the law’s enactment
based on recommendations from the Food and Nutrition Board at the National Academies of based on recommendations from the Food and Nutrition Board at the National Academies of
Sciences, Engineering, and Medicine.Sciences, Engineering, and Medicine.8894 The law also provided a “performance-based” bonus The law also provided a “performance-based” bonus
reimbursement of 6 cents per lunch (adjusted reimbursement of 6 cents per lunch (adjusted ~~annual y~~annually for inflation) for schools certified as for inflation) for schools certified as
compliant with the updated standards (the rate was 7 cents in school year compliant with the updated standards (the rate was 7 cents in school year ~~2020-2021~~2021-2022). ).
USDA published the updated nutrition standards for school meals in 2012. USDA published the updated nutrition standards for school meals in 2012.8995 They were based on They were based on
the 2010 Dietary Guidelines for Americans (per an existing statutory requirement) as the 2010 Dietary Guidelines for Americans (per an existing statutory requirement) as ~~wel~~ well as the as the
recommendations from the National Academies of Sciences, Engineering, and Medicine.recommendations from the National Academies of Sciences, Engineering, and Medicine.9096 The The
standards required increased servings of fruits, vegetables, whole grains, and meats/meat standards required increased servings of fruits, vegetables, whole grains, and meats/meat
~~alternates in lunches and breakfasts. They also restricted milk to unflavored low -fat (1%) and~~
~~flavored and unflavored fat-free varieties, set limits on calories and sodium in school meals, and~~
~~prohibited trans fats in school meals, among other changes. Separate from the final rule, USDA~~
~~also implemented a requirement in the HHFKA that schools make water available to children~~
~~during meal service in the cafeteria.91~~
~~The revised nutrition standards largely took effect in school year 2012-2013 for lunches and in~~
~~school year 2013-2014 for breakfasts. A few requirements phased in over multiple school years.92~~
~~Some schools experienced difficulty implementing the new standards, and subsequent changes to~~
~~the whole grain, sodium, and milk requirements were made through appropriations acts and~~
~~USDA rulemaking.93~~

~~86 Ibid.~~
~~87 T he~~ 90 CRS calculations using USDA-FNS 742 data for school year 2019-2020. 91 Section 11(a)(1) of the NSLA (codified at 42 U.S.C. §1759a(a)(1)); 7 C.F.R. §245.9; USDA-FNS, “Provisions 1, 2, and 3,” May 6, 2014, https://www.fns.usda.gov/school-meals/provisions-1-2-and-3. 92 Ibid. 93 The current nutrition standards for school meals are located at 7 C.F.R. current nutrition standards for school meals are located at 7 C.F.R. §210.10§210.10.
88 (lunches) and 7 C.F.R. §220.8 (breakfasts). 94 Section 201 of P.L. 111-296. Institute of Medicine, National Academies of Sciences, Section 201 of P.L. 111-296. Institute of Medicine, National Academies of Sciences, Engineering, and Medicine, Engineering, and Medicine,
School Meals: Building Blocks for Healthy Children , Washington, DC, 2010. , Washington, DC, 2010.
89 95 USDA USDA -FNS,FNS, “Nutrition Standards in the National School Lunch and School Breakfast Programs,” 77 “Nutrition Standards in the National School Lunch and School Breakfast Programs,” 77 Federal
Register 17, January 26, 2012, https://www.federalregister.gov/documents/2012/01/26/2012-1010/nutrition-standards- 17, January 26, 2012, https://www.federalregister.gov/documents/2012/01/26/2012-1010/nutrition-standards-
in-the-national-school-lunch-and-school-breakfast-programs. For related resources, see USDAin-the-national-school-lunch-and-school-breakfast-programs. For related resources, see USDA ~~FNS website~~ -FNS website at at
http://www.fns.usda.gov/school-meals/nutrition-standards-school-meals. http://www.fns.usda.gov/school-meals/nutrition-standards-school-meals.
~~90 T he~~96 The 1994 child nutrition reauthorization (P.L. 103-448) required schools to serve meals consistent with the Dietary 1994 child nutrition reauthorization (P.L. 103-448) required schools to serve meals consistent with the Dietary
GuidelinesGuidelines for Americans. for Americans. ~~T he~~The Dietary Guidelines Dietary Guidelines for Americans are food-basedfor Americans are food-based recommendations developed jointly recommendations developed jointly
by USDAby USDA and the U.S. Department of Health and Human Servicesand the U.S. Department of Health and Human Services and updated every five years. For more information, and updated every five years. For more information,
see CRSsee CRS Report R44360, Report R44360, Dietary Guidelines for ~~Am ericans~~Americans: Frequently Asked Questions. Congressional Research Service 23 link to page 28 link to page 29 link to page 29 link to page 29 link to page 29 School Meals and Other Child Nutrition Programs: Background and Funding alternates in lunches and breakfasts. They also restricted milk to unflavored low-fat (1%) and flavored and unflavored fat-free varieties, set limits on calories and sodium in school meals, and prohibited trans fats in school meals, among other changes. Separate from the final rule, USDA also implemented a requirement in the HHFKA that schools make water available to children during meal service in the cafeteria.97 The revised nutrition standards largely took effect in school year 2012-2013 for lunches and in school year 2013-2014 for breakfasts. A few requirements phased in over multiple school years.98 Some schools experienced difficulty implementing the new standards, and subsequent changes to the whole grain, sodium, and milk requirements were made through appropriations acts and USDA rulemaking.99 States and school districts are allowed to implement additional nutritional requirements for school ~~: Frequently Asked Questions~~.
~~91 USDA FNS, “ Revised Child Nutrition Reauthorization 2010: Water Availability During National School Lunch~~
~~Program Meal Service,” SP-28-2011, July 12, 2011. Also see USDA FNS, “ Clarification on the Milk and Water~~
~~Requirements in the School Meal Programs,” SP 39-2019, September 23, 2019.~~
~~92 For the original implementation schedule based on the January 2012 final rule, see USDA FNS Implementation~~
~~T imeline, http://www.fns.usda.gov/sites/default/files/implementation_timeline.pdf.~~
~~93 Recent changes to milk, whole grain, and sodium requirements are discussed in USDA FNS, “Child Nutrition~~
~~Programs: Rescission of Milk, Whole Grains, and Sodium Flexibilities: Notice of Vacatur” 85 Federal Register 74847,~~
~~Congressional Research Service~~
23

~~link to page 28 link to page 28 link to page 28 link to page 28 link to page 29 link to page 29 link to page 29~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~States and school districts are al owed to implement additional nutritional requirements for school~~
meals, as long as they meet the federal standards. meals, as long as they meet the federal standards.
Table 6 provides an overview of the federal nutrition standards for school lunches as of provides an overview of the federal nutrition standards for school lunches as of ~~March~~
~~2021~~April 2022. This table does not reflect any waivers of the meal patterns that . This table does not reflect any waivers of the meal patterns that USDA and states may have states may have granted to SFAs~~granted to~~
~~SFAs in school year 2020-2021~~ due to the COVID-19 pandemic. due to the COVID-19 pandemic.94100
Table 6. Summary of the Nutrition Standards for School Lunches
~~Adapted from 7 C.F.R. Section 210.10 as of March 2021~~as of April 2022
Grades K-5
Grades 6-8
Grades 9-12

Required offerings per week (minimum per ~~day~~day)a
Fruits (cups) Fruits (cups)
2.5 (0.5) 2.5 (0.5)
2.5 (0.5) 2.5 (0.5)
5 (1) 5 (1)
Vegetables (cups) (subgroup requirements not shown Vegetables (cups) (subgroup requirements not shown)b
3.75 (0.75) 3.75 (0.75)
3.75 (0.75) 3.75 (0.75)
5 (1) 5 (1)
Grains (ounce Grains (ounce ~~equivalents~~equivalents)c
8-9 (1) 8-9 (1)
8-10 (1) 8-10 (1)
10-12 (2) 10-12 (2)
Meats/meat alternates (ounce equivalents) Meats/meat alternates (ounce equivalents)
8-10 (1) 8-10 (1)
9-10 (1) 9-10 (1)
10-12 (2) 10-12 (2)
Fluid milk Fluid milk (cups)d 5 (1) 5 (1) 5 (1) 97 USDA-FNS, “Revised Child Nutrition Reauthorization 2010: Water Availability During National School Lunch Program Meal Service,” SP-28-2011, July 12, 2011. Also see USDA-FNS, “Clarification on the Milk and Water Requirements in the School Meal Programs,” SP 39-2019, September 23, 2019. 98 For the original implementation schedule based on the January 2012 final rule, see USDA-FNS Implementation Timeline, http://www.fns.usda.gov/sites/default/files/implementation_timeline.pdf. 99 Appropriations acts in FY2015, FY2016, FY2017, and FY2021 made changes to milk, whole grain, and/or sodium requirements. In December 2018, USDA under the Trump Administration issued a final rule making changes to such requirements in school year 2019-2020 forward (these policies are discussed in CRS Insight IN11009, USDA’s Final Rule on Milk, Whole Grains, and Sodium in School Meals and CRS Report R45486, Child Nutrition Programs: Issues in the 115th Congress). The December 2018 rule was subsequently vacated by a U.S. District Court (see USDA-FNS, “Child Nutrition Programs: Rescission of Milk, Whole Grains, and Sodium Flexibilities: Notice of Vacatur” 85 Federal Register 74847, November 24, 2020), reverting the programs to the milk, sodium, and whole grain policies established in the 2012 final rule. In February 2022, USDA under the Biden Administration issued a final rule making changes to the milk, whole grain, and sodium requirements starting in school year 2022-2023 and stating its intentions to issue further rulemaking for subsequent school years (see USDA-FNS, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” 87 Federal Register 6984, February 7, 2022). 100 During the COVID-19 pandemic, USDA-FNS has allowed states to waive meal pattern requirements on a targeted basis. For more information, see USDA-FNS, “Nationwide Waiver to Allow Specific School Meal Pattern Flexibility for School Year 2021-22,” https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-90. Congressional Research Service 24 link to page 29 link to page 29 link to page 29 School Meals and Other Child Nutrition Programs: Background and Funding Grades K-5 Grades 6-8 Grades 9-12 ~~(cups)d~~
~~5 (1)~~
~~5 (1)~~
~~5 (1)~~
Daily amount based on average weekly requirement
Minimum-maximum Minimum-maximum ~~calories~~ calories (kcal(kcal)e
550-650 550-650
600-700 600-700
750-850 750-850
Saturated fat (percentage of total calories) Saturated fat (percentage of total calories)
<10% <10%
<10% <10%
<10% <10%
Sodium Sodium Interim Target Target ~~2 (mg)f~~
~~≤935~~
~~≤1,035~~
~~≤1,080~~1 (mg)f ≤1,230 ≤1,360 ≤1,420 Sodium Interim Target IA (mg)f ≤1,110 ≤1,225 ≤1,280
Trans fat Trans fat
Nutrition label or manufacturer specifications must Nutrition label or manufacturer specifications must
indicate zero grams of transindicate zero grams of trans fat (less than 0.5 fat (less than 0.5
~~grams) per serving.~~
Source: Table adapted from 7 C.F.R. §210.10 as of March 2021.
Notes: During the COVID-19 pandemic, USDA FNS has al owed states to waive meal pattern requirements on
~~a targeted basis. For more information, see USDA FNS, “COVID-19 Nationwide Waiver to Al ow Meal Pattern~~
~~Flexibility in the Child Nutrition Programs,” https://www.fns.usda.gov/cn/covid-19-meal-pattern-flexibility-waiver~~grams) per serving. Source: Table adapted from USDA-FNS, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” 87 Federal Register 6984, February 7, 2022. .
a. School food authorities must a. School food authorities must ~~al ow~~allow high school students and can high school students and can ~~optional y al ow~~optionally allow students at the middle students at the middle and and
elementary elementary school levelsschool levels to decline up to two components at lunch, except that the students must select at to decline up to two components at lunch, except that the students must select at
least a 0.5 cup of the fruit or vegetable component. least a 0.5 cup of the fruit or vegetable component.
b. Requirements b. Requirements related to vegetable subgroups (dark green,related to vegetable subgroups (dark green, red/orange, legumes,red/orange, legumes, starchy, other) are not starchy, other) are not
shown. Up to half of the fruit or vegetable offerings may be in the form of 100% juice. shown. Up to half of the fruit or vegetable offerings may be in the form of 100% juice.
c. c. Al At least 80% of grains offered weeklygrains offered weekly must be whole grain-rich (defined as containing at least 50% whole-must be whole grain-rich (defined as containing at least 50% whole- grains, and the grains, and the
~~remaining grain, if any, must be enriched).~~

~~November 24, 2020. Changes to milk, whole grain, and sodium requirements prior to 2019 are discussed in CRS~~
~~Report R45486, Child Nutrition Program s: Issues in the 115th Congress.~~
~~94 USDA FNS, “COVID-19 Nationwide Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs,”~~
~~https://www.fns.usda.gov/cn/covid-19-meal-pattern-flexibility-waiver.~~
~~Congressional Research Service~~
24

~~link to page 46~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~d. Al fluid milk~~ remaining grain, if any, must be enriched). d. All fluid milk must be low-fat (1% fat or lessmust be low-fat (1% fat or less~~, unflavored~~) or fat-free) or fat-free ~~(unflavored or flavored). With milk and~~
. Milk may be flavored or unflavored, provided that unflavored milk is offered. With milk and with other foods, schoolswith other foods, schools must make substitutions for students who are considered to have a disability and make substitutions for students who are considered to have a disability and
whose disability restrictswhose disability restricts their diet, and their diet, and may make substitutions for medical or special dietary needs. make substitutions for medical or special dietary needs.
e. Discretionary e. Discretionary ~~sources~~ sources of caloriesof calories (solid fats and added sugars) may be added to the meal pattern if within (solid fats and added sugars) may be added to the meal pattern if within
the specifications for calories, the specifications for calories, saturated fat, trans fat, and sodium. saturated fat, trans fat, and sodium.
f. f.
~~Schools are currently required to meet sodium target 2 (displayed in table). Final sodium targets (target 3)~~
~~are effective in SY2022-2023~~Sodium Interim Target 1 must be met in SY2022-2023. Sodium Interim Target 1A must be met in SY2023-2024. .
Nutrition Standards for Competitive Foods
The HHFKA The HHFKA also required USDA to develop nutrition standards for other foods sold in NSLP- also required USDA to develop nutrition standards for other foods sold in NSLP-
and SBP-participating schools on campus during the school day. These foods are known as and SBP-participating schools on campus during the school day. These foods are known as
competitive foods (i.e., foods sold in competition with school meals). Competitive foods include (i.e., foods sold in competition with school meals). Competitive foods include
foods and drinks sold in vending machines, a la carte lines, snack bars and concession stands, and foods and drinks sold in vending machines, a la carte lines, snack bars and concession stands, and
school fundraisers. These foods do not receive a federal reimbursement. The HHFKA required school fundraisers. These foods do not receive a federal reimbursement. The HHFKA required
USDA to publish proposed nutrition standards for competitive foods within one year of the lawUSDA to publish proposed nutrition standards for competitive foods within one year of the law ’s ’s
enactment and align the standards with the most recent Dietary Guidelines for Americans. enactment and align the standards with the most recent Dietary Guidelines for Americans.
Relying on recommendations made by the National Academies of Sciences, Engineering, and Relying on recommendations made by the National Academies of Sciences, Engineering, and
Medicine, FNS promulgated a proposed rule in April 2013 and then an interim final rule in June Medicine, FNS promulgated a proposed rule in April 2013 and then an interim final rule in June
2013, which went into effect in school year 2014-2015.2013, which went into effect in school year 2014-2015.95101 The interim final rule created nutrition The interim final rule created nutrition
~~standards for al non-meal foods and beverages that are sold during the school day (defined as~~
101 Institute of Medicine, National Academies of Sciences, Engineering, and Medicine, Nutrition Standards for Foods in Schools: Leading the Way toward Healthier Youth, 2007, https://www.nap.edu/catalog/11899/nutrition-standards-for-foods-in-schools-leading-the-way-toward; USDA-FNS, “Interim Rule: NSLP and SBP Nutrition Standards for All Foods Sold in Schools as Required by the Healthy, Hunger-Free Kids Act of 2010,” 78 Federal Register 79567, December 31, 2013, https://www.federalregister.gov/documents/2013/12/31/2013-31350/national-school-lunch- Congressional Research Service 25 link to page 46 School Meals and Other Child Nutrition Programs: Background and Funding standards for all non-meal foods and beverages that are sold during the school day (defined as midnight until 30 minutes after dismissal). The final rule, published in July 2016, maintained the midnight until 30 minutes after dismissal). The final rule, published in July 2016, maintained the
interim final rules with minor changes.interim final rules with minor changes.96102 Under the final standards, competitive foods must have Under the final standards, competitive foods must have
certain primary ingredients, meet whole-grain requirements, and comply with calorie, sugar, certain primary ingredients, meet whole-grain requirements, and comply with calorie, sugar,
sodium, and fat limits, among other criteria. Schools are also limited to a list of zero- and low-sodium, and fat limits, among other criteria. Schools are also limited to a list of zero- and low-
calorie beverages they may calorie beverages they may ~~sel~~ sell (with larger portion sizes and caffeine (with larger portion sizes and caffeine ~~al owed~~allowed in high schools). in high schools).103
Fundraisers held outside of the school day and fundraisers in which the food sold is clearly not Fundraisers held outside of the school day and fundraisers in which the food sold is clearly not
intended for consumption on campus during the school day are not subject to the competitive intended for consumption on campus during the school day are not subject to the competitive
food nutrition standards. In addition, the law and the final rule provided states with discretion to food nutrition standards. In addition, the law and the final rule provided states with discretion to
exempt infrequent fundraisers exempt infrequent fundraisers ~~sel ing~~selling foods or beverages that do not meet the nutrition standards. foods or beverages that do not meet the nutrition standards.
The The ~~rule did not limit foods brought from home—only foods sold at school during the school day.~~
~~The~~ federal standards are minimum standards, and states and school districts are permitted to federal standards are minimum standards, and states and school districts are permitted to
issue more stringent policies. Many districts already had local competitive food standards in place issue more stringent policies. Many districts already had local competitive food standards in place
prior to the HHFKAprior to the HHFKA because of the 2004 child nutrition reauthorization law (P.L. 108-265), which because of the 2004 child nutrition reauthorization law (P.L. 108-265), which
required local educational agencies to implement local school required local educational agencies to implement local school ~~wel ness~~wellness policies that included policies that included
nutritional guidelines for foods sold in schools (local school nutritional guidelines for foods sold in schools (local school ~~wel ness~~wellness policies are discussed in the policies are discussed in the
~~“Other Child Nutrition Activities” section).~~

~~95 Institute of Medicine, National Academies of Sciences, Engineering, and Medicine,~~ ~~Nutrition Standards for Foods in~~
~~Schools: Leading the Way toward Healthier Youth~~ ~~, 2007, https://www.nap.edu/catalog/11899/nutrition-standards-for-~~
~~foods-in-schools-leading-the-way-toward; USDA FNS, “ Interim Rule: NSLP and SBP Nutrition Standards for All~~
~~Foods Sold in Schools as Required by the Healthy, Hunger-Free Kids Act of 2010,” 78 Federal Register 79567,~~
~~December 31, 2013, https://www.federalregister.gov/documents/2013/12/31/2013-31350/national-school-lunch-~~
~~program-and-school-breakfast -program-nutrition-standards-for-all-foods-sold-in.~~
~~96 USDA FNS, “National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods~~
~~Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010; Final Rule,” 81 Federal Register 50131,~~
~~July 29, 2016, https://www.federalregister.gov/documents/2016/07/29/2016-17227/national-school-lunch-program-~~
~~and-school-breakfast -program-nutrition-standards-for-all-foods-sold-in. Related resources are available at the USDA~~
~~FNS website, https://www.fns.usda.gov/school-meals/tools-schools-focusing-smart-snacks.~~
~~Congressional Research Service~~
25

~~link to page 46~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

“Other Child Nutrition Activities” section). Local School Wellness Policies
Local educational agencies participating in the school meals programs are required to have a Local educational agencies participating in the school meals programs are required to have a local local
school school ~~wel ness~~wellness policy, which sets nutrition and health-related goals and guidelines for schools policy, which sets nutrition and health-related goals and guidelines for schools
within the jurisdiction.within the jurisdiction.97104 Local school Local school ~~wel ness~~wellness policies must include goals related to nutrition policies must include goals related to nutrition
and physical activity, nutrition standards for school foods that meet or exceed federal nutrition and physical activity, nutrition standards for school foods that meet or exceed federal nutrition
~~standards (discussed previously)~~standards, and an implementation plan, among other content. Local , and an implementation plan, among other content. Local
educational agencies must provide opportunities for input from parents, students, school nutrition educational agencies must provide opportunities for input from parents, students, school nutrition
professionals, physical education teachers, school health professionals, school administrators, and professionals, physical education teachers, school health professionals, school administrators, and
the general public in developing and updating local school the general public in developing and updating local school ~~wel ness~~wellness policies ~~policies.~~
~~Other Food Service Topics~~
~~This section discusses food procurement and service topics specific to the school meals programs.~~
~~Other food service topics relevant to child nutrition programs more broadly, including NSLP and~~
~~SBP (e.g., the farm to school initiative), are discussed in the “Other Child Nutrition Activities”~~
~~section~~. .
Food Procurement and Preparation
The majority of foods used in the school meal programs are purchased by school food authorities The majority of foods used in the school meal programs are purchased by school food authorities
using federal cash reimbursements or other using federal cash reimbursements or other ~~school district~~ funds. School food authorities also funds. School food authorities also
receive USDA Foods (as discussed previously). School food authorities must comply with federal receive USDA Foods (as discussed previously). School food authorities must comply with federal
procurement rules when purchasing foods for the school meals programs.procurement rules when purchasing foods for the school meals programs.98105 In addition, there is a In addition, there is a
“Buy American” requirement in statute that requires schools participating in the school meal “Buy American” requirement in statute that requires schools participating in the school meal
programs to purchase domestic commodities and products “to the maximum extent practicable.”programs to purchase domestic commodities and products “to the maximum extent practicable.”99
~~Purchases may include local foods, as long as they comply with federal, state, and local~~
~~procurement regulations.100~~
~~Many school food authorities purchase and prepare their own meals, either at a centralized district~~
~~kitchen or onsite at individual schools.101 Alternatively, school food authorities may contract with~~
~~a private food service management company to contract out procurement and/or meal~~
~~preparation. The contracted company must comply with al school meal regulations and the~~

~~97 T he~~106 program-and-school-breakfast-program-nutrition-standards-for-all-foods-sold-in. 102 USDA-FNS, “National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010; Final Rule,” 81 Federal Register 50131, July 29, 2016, https://www.federalregister.gov/documents/2016/07/29/2016-17227/national-school-lunch-program-and-school-breakfast-program-nutrition-standards-for-all-foods-sold-in. Related resources are available at the USDA-FNS website, https://www.fns.usda.gov/school-meals/tools-schools-focusing-smart-snacks. 103 7 C.F.R. §210.11. 104 The 2004 child nutrition reauthorization created the requirement that local educational agencies establish school 2004 child nutrition reauthorization created the requirement that local educational agencies establish school
wellnesswellness policies, and the HHFKA expanded requirements around local school wellnesspolicies, and the HHFKA expanded requirements around local school wellness policies.policies. Section 9A of the Section 9A of the
Richard B.Richard B. ~~Russell~~ Russell National School Lunch ActNational School Lunch Act (42 U.S.C.(42 U.S.C. §1758b); 7 C.F.R. §210.31. §1758b); 7 C.F.R. §210.31.
98105 7 C.F.R. 7 C.F.R. §210.21. §210.21.
99106 Section 12(n) of the NSLA (42 U.S.C. Section 12(n) of the NSLA (42 U.S.C. §1760(n)). USDA has issued§1760(n)). USDA has issued ~~guidance~~ guidance on the implementation of this on the implementation of this
provision; see USDAprovision; see USDA -FNS,FNS, “Compliance with and Enforcement of the Buy American Provision in the National School Congressional Research Service 26 School Meals and Other Child Nutrition Programs: Background and Funding Purchases may include local foods, as long as they comply with federal, state, and local procurement regulations.107 Many school food authorities purchase and prepare their own meals, either at a centralized district kitchen or onsite at individual schools.108 Alternatively, school food authorities may contract with a private food service management company to contract out procurement and/or meal preparation.109 The contracted company must comply with all school meal regulations and the school food authority must retain general control over the operation of the school meals programs, including financial oversight and compliance with nutrition standards.110 Meal Times and Settings In general, lunches and breakfasts are intended to be consumed onsite during the school day.111 Surveys have found that schools typically provide roughly 20 minutes for breakfast and 25-30 minutes for lunch.112 Under SBP, students were traditionally required to arrive early for breakfast and eat it in the cafeteria. However, in recent years, schools and states have increasingly adopted alternative models of breakfast service such as breakfast in the classroom, grab-and-go carts, and breakfast during morning breaks. Anti-hunger advocacy groups have encouraged the adoption of new models of breakfast service as a way to increase SBP participation.113 According to a 2018 survey by the School Nutrition Association (SNA), a membership and advocacy organization, more than half of surveyed school districts offered both a traditional cafeteria line and alternative modes of breakfast service, while 43% of schools offered a cafeteria line only. Common alternatives were Lunch Program,” SP 38-2017, June 2017, https://www.fns.usda.gov/school-meals/compliance-enforcement-buy-american. For further discussion, see CRS Report R45486, Child Nutrition Programs: Issues in the 115th Congress. 107 For more information, see CRS Report R43950, Local Food Systems: Selected Farm Bill and Other Federal Programs. 108 A nationally representative study by USDA in school year 2014-2015 found that nearly 80% of public schools participating in NSLP cooked meals onsite, with the remainder receiving partially or fully prepared meals from a central kitchen or other production facility (USDA-FNS, Office of Policy Support, School Nutrition and Meal Cost Study, Final Report Volume 1: School Meal Program Operations and School Nutrition Environments, Prepared by Mathematica Policy Research and Abt Associates, April 2019, p. A.45, https://fns-prod.azureedge.net/sites/default/files/resource-files/SNMCS-Volume1.pdf). 109 The USDA study in school year 2014-2015 (ibid, p. A.59) found that 19.7% of public school food authorities used a food service management company. They were most commonly tasked with menu planning, preparing and serving meals, and overseeing private employees. A more recent, nationally representative survey conducted by USDA in school year 2016-2017 found that 26.2% of public school food authorities used a food service management company (USDA-FNS, Study of School Food Authority Procurement Practices, prepared by 2M Research, September 22, 2021, p. 44, https://www.fns.usda.gov/cn/study-school-food-authority-procurement-practices). 110 USDA-FNS, “Contracting with Food Service Management Companies: Guidance for School Food Authorities,” SP40, CACFP12, SFSP14-2016, May 2016, https://www.fns.usda.gov/updated-guidance-contracting-food-service-management. 111 USDA-FNS, “Clarification of the Policy on Food Consumption Outside of Foodservice Area, and the Whole Grain-Rich Requirement,” April 2014, https://fns-prod.azureedge.net/sites/default/files/cn/SP41-2014os.pdf. 112 USDA-FNS Office of Policy Support, Special Nutrition Program Operations Study: State and School Food Authority Policies and Practices for School Meals Programs School Year 2011-12, March 2014, https://fns-prod.azureedge.net/sites/default/files/SNOPSYear1.pdf; and School Nutrition Association, School Nutrition Operations Report: The State of School Nutrition 2018, August 2018. 113 For example, see Food Research and Action Center (FRAC), “School Breakfast Expansion Strategies,” http://www.frac.org/programs/school-breakfast-program/school-breakfast-expansion-strategies; and Share Our Strength, “2017-2018 State-level Policy and Legislative Trends,” http://bestpractices.nokidhungry.org/policy-and-advocacy/school-breakfast. Congressional Research Service 27 link to page 9 link to page 33 School Meals and Other Child Nutrition Programs: Background and Funding grab-and-go stations (particularly in middle and high schools) and breakfast in the classroom (particularly in elementary schools).114 School Meal Equipment Assistance Grants At different points in the school meals programs’ history, specific funds have been provided for cafeteria equipment purchases (per-meal reimbursements may also cover equipment costs). Since FY2013, annual appropriations acts have provided funding for school meal equipment assistance grants to help schools prepare meals that comply with updated nutrition standards, improve food safety, and support the establishment, maintenance, or expansion of school breakfast programs ($30 million was provided for FY2022, as shown in Table 2).115 These grants are awarded by FNS to state agencies, which distribute funds to school food authorities on a competitive basis.116 School Breakfast Expansion Grants The HHFKA authorized competitive grants to states to help school districts “establish, maintain, or expand the school breakfast program.”117 The law provides priority for school districts carrying out projects in schools where at least 75% of students qualify for free or reduced-price meals and those that have adopted or commit to adopting effective strategies to increase breakfast participation, as identified by FNS. Appropriations acts in FY2020, FY2021, and FY2022 provided $5 million, $6 million, and $6 million for these grants, respectively.118 USDA awarded funds to four states and one territory in FY2021.119 Child and Adult Care Food Program (CACFP) CACFP provides federal reimbursements for meals and snacks served in approximately 160,000 child care centers, day care homes, and adult day care centers nationwide in a typical year (see Table 7 for participation by type of institution).120 Reimbursements are provided for meals and snacks served to children ages 12 and under, children of any age with disabilities, and chronically disabled and elderly adults.121 CACFP also supports free meals and snacks for children ages 18 114 School Nutrition Association, School Nutrition Operations Report: The State of School Nutrition 2018, August 2018. 115 The American Recovery and Reinvestment Act (P.L. 111-5) provided $100 million for school meals equipment assistance grants, which was spent in FY2009-FY2011. Appropriations acts in FY2010 and from FY2013 to FY2022 have provided subsequent funding for these grants. 116 For example, see USDA-FNS, “FY 2021 National School Lunch Program Equipment Assistance Grants for School Food Authorities,” June 1, 2021, https://www.fns.usda.gov/cn/sp-13-2021. 117 Section 23 of the Child Nutrition Act of 1966 (42 U.S.C. §1793). 118 P.L. 116-94, P.L. 116-260, and P.L. 117-103. The FY2020 law included a $1 million reservation and the FY2021 and FY2022 laws included a $2 million reservation of funds for Puerto Rico, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, and American Samoa. 119 USDA-FNS, “2023 USDA Explanatory Notes – Food and Nutrition Service,” p. 35-35, https://www.usda.gov/sites/default/files/documents/35-2023-FNS.pdf. 120 FY2019 data from USDA-FNS, “September 2020 Keydata Report,” January 27, 2021, https://www.fns.usda.gov/data/september-2020-keydata-report. 121 Reimbursements are also available for meals/snacks served to migrant children ages 15 or under and children with disabilities of any age. Elderly is defined as individuals age 60 or older. 7 C.F.R. §226.2. Congressional Research Service 28 link to page 44 School Meals and Other Child Nutrition Programs: Background and Funding and under in emergency shelters and afterschool programs in low-income areas (discussed in the “After-School Meals and Snacks” section).122 In general, CACFP provides cash reimbursements for up to two meals and one snack or one meal and two snacks per participant daily (a meal may be a breakfast, lunch, or supper).123 A smaller share of federal aid takes the form of commodity assistance or cash in lieu of commodities and funds for administrative costs (discussed previously).124 The eligibility and funding rules of CACFP differ for centers (facilities or institutions) and day care homes (private homes). Day care homes must be overseen by sponsoring organizations, which handle the financial and administrative functions of the program for ~~“Compliance with and Enforcement of the Buy American Provision in the National School~~
~~Lunch Program,” SP 38-2017, June 2017, https://www.fns.usda.gov/school-meals/compliance-enforcement -buy-~~
~~american. For further discussion, see CRS Report R45486, Child Nutrition Program s: Issues in the 115th Congress.~~
~~100 For more information, see CRS Report R43950,~~ ~~Local Food Systems: Selected Farm Bill and Other Federal~~
~~Program s~~.
~~101 In school year 2011-2012, “55 percent of school food authorities have only onsite kitchens at the individual schools,~~
~~while 17 percent have only centralized (offsite) kitchens, and the remaining 29 percent have a mixture. Similarly, 21~~
~~percent of school food authorities used Food Service Management Companies (FSMCs) to manage the food service~~
~~operations in at least some of their schools.” USDA FNS Office of Policy Support,~~ ~~Special Nutrition Program~~
~~Operations Study: State and School Food Autho rity Policies and Practices for School Meals Program s School Year~~
~~2011-12, March 2014, https://fns-prod.azureedge.net/sites/default/files/SNOPSYear1.pdf.~~
~~Congressional Research Service~~
26

~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~school food authority must retain general control over the operation of the school meals~~
~~programs, including financial oversight and compliance with nutrition standards.102~~
~~School Meal Equipment Grants~~
~~At different points in the school meals programs’ history, specific funds have been provided for cafeteria~~
~~equipment purchases (per-meal reimbursements may also cover equipment costs). Since FY2013, annual~~
~~appropriations acts have provided funding for school meal equipment assistance grants to help schools prepare~~
~~meals that comply with updated nutrition standards, improve food safety, and support the establishment,~~
~~maintenance, or expansion of school breakfast programs.103 These grants are awarded by FNS to state agencies,~~
~~which distribute funds to school food authorities on a competitive basis and prioritize schools in which at least half~~
~~of students are eligible for free or reduced-price meals.~~
~~Food Safety~~
~~Foods served in any child nutrition program must comply with state or local health, safety, and~~
~~sanitation standards for food storage, preparation, and service. Schools participating in the school~~
~~meals programs must obtain food safety inspections by a state or local government agency at least~~
~~twice a year.104 There are also food safety inspections for USDA Foods.105 School food authorities~~
~~may al ow children to place leftover whole food or beverage items on a “share table” in schools~~
~~operating NSLP and other child nutrition programs, as long as such sharing complies with food~~
~~safety standards.106~~
~~Meal Time and Setting~~
~~In general, lunches and breakfasts are intended to be consumed onsite during the school day.107~~
~~Surveys have found that schools typical y provide roughly 20 minutes for breakfast and 25-30~~
~~minutes for lunch.108~~
~~Under SBP, students were traditional y required to arrive early for breakfast and eat it in the~~
~~cafeteria. However, in recent years, schools and states have increasingly adopted alternative~~
~~models of breakfast service such as breakfast in the classroom, grab-and-go carts, and breakfast~~
~~during morning breaks. Anti-hunger advocacy groups have encouraged the adoption of new~~
~~models of breakfast service as a way to increase SBP participation.109 According to a 2018 survey~~

~~102 USDA FNS, “Contracting with Food Service Management Companies: Guidance for School Food Authorities,”~~
~~SP40, CACFP12, SFSP14-2016, May 2016, https://www.fns.usda.gov/updated-guidance-contracting-food-service-~~
~~management .~~
~~103 T he American Recovery and Reinvestment Act (P.L. 111-5) provided $100 million for school meals equipment~~
~~assistance grants, which was spent in FY2009-FY2011. Appropriations acts in FY2010 and from FY2013 to FY2021~~
~~have provided subsequent funding for these grants.~~
~~104 Section 9(h) of the NSLA (42 U.S.C. §1758(h)).~~
~~105 Section 29 of the NSLA (42 U.S.C. §1769j).~~
~~106 USDA FNS, “ T he Use of Share T ables in Child Nutrition Programs,” SP 41-2016, CACFP 13-2016, SFSP 15-2016,~~
~~June 22, 2016, https://www.fns.usda.gov/use-share-tables-child-nutrition-programs.~~
~~107 USDA FNS, “Clarification of the Policy on Food Consumption Outside of Foodservice Area, and the Whole Grain -~~
~~Rich Requirement,” April 2014, https://fns-prod.azureedge.net/sites/default/files/cn/SP41-2014os.pdf.~~
~~108 USDA FNS Office of Policy Support,~~ ~~Special Nutrition Program Operations Study: State and School Food~~
~~Authority Policies and Practices for School Meals Program s School Year 2011 -12, March 2014, https://fns-~~
~~prod.azureedge.net/sites/default/files/SNOPSYear1.pdf; and School Nutrition Association,~~ ~~School Nutrition Operations~~
~~Report: The State of School Nutrition 2018~~ ~~, August 2018.~~
~~109 For example, see Food Research and Action Center (FRAC), “School Breakfast Expansion Str ategies,”~~
~~http://www.frac.org/programs/school-breakfast -program/school-breakfast -expansion-strategies; and Share Our~~
~~Congressional Research Service~~
27

~~link to page 33 link to page 43~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~by the School Nutrition Association (SNA), a member and advocacy organization, more than half~~
~~of surveyed school districts offered both a traditional cafeteria line and alternative modes of~~
~~breakfast service, while 43% of schools offered a cafeteria line only. Common alternatives were~~
~~grab-and-go stations (particularly in middle and high schools) and breakfast in the classroom~~
~~(particularly in elementary schools).110~~
~~Child and Adult Care Food Program (CACFP)~~
~~CACFP provides federal reimbursements for meals and snacks served in more than 140,000 child~~
~~care centers, day care homes, and adult day care centers nationwide in FY2020 (see Table 7 for~~
~~participation by type of institution).111 In these settings, reimbursements are limited to meals and~~
~~snacks served to children ages 12 and under, children of any age with disabilities, and chronical y~~
~~disabled and elderly adults.112 CACFP also supports free meals and snacks for children ages 18~~
~~and under in emergency shelters and afterschool programs in low-income areas (discussed in the~~
~~“After-School Meals and Snacks” section).113~~
~~In general, CACFP provides cash reimbursements for up to two meals and one snack or one meal~~
~~and two snacks per participant daily (a meal may be a breakfast, lunch, or supper).114 A smal er~~
~~share of federal aid takes the form of commodity assistance or cash in lieu of commodities and~~
~~funds for administrative costs (discussed previously).115 The eligibility and funding rules of~~
~~CACFP differ for centers (facilities or institutions) and day care homes (private homes). Day care~~
~~homes must be overseen by sponsoring organizations, which handle the financial and~~
~~administrative functions of the program for a number of local providers. Centers have the option~~
local providers. Centers have the option of operating independently or under a sponsor. of operating independently or under a sponsor.
Both centers and day care homes must comply with government-established standards for other Both centers and day care homes must comply with government-established standards for other
child care programs and meet federal CACFP nutrition standards.child care programs and meet federal CACFP nutrition standards.~~116~~

~~Strength, “2017-2018 State-level Policy and Legislative T rends,” http://bestpractices.nokidhungry.org/policy-and-~~
~~advocacy/school-breakfast .~~
~~110 School Nutrition Association, School Nutrition Operations Report: The State of School Nutrition 2018 , August~~
~~2018.~~
~~111 USDA FNS, “March Keydata Report (November 2020 data),” March 12, 2021, https://www.fns.usda.gov/data/~~
~~march-keydata-report-november-2020-data.~~
~~112 Reimbursements are also available for meals/snacks served to migrant children ages 15 or under and children with~~
~~disabilities of any age. “ Elderly” is defined as individuals age 60 or older. 7 C.F.R. §226.2.~~
~~113~~125 Table 7. CACFP Participation: Centers and Day Care Homes, FY2019 Average Number of Participants Per Outlets Participants Institution Day care homes 90,900 679,000 8 Child care centers 66,900 3,979,300 59 Adult day care centers 2,800 136,700 49 Source: USDA FNS, “September 2020 Keydata Report,” January 27, 2021, https://www.fns.usda.gov/data/september-2020-keydata-report. Notes: FY2019 participation data are shown due to atypical participation in FY2020 and FY2021 as a result of the COVID-19 pandemic and related policies. Participation estimated by USDA FNS based on average daily meals served; average number of participants per institutions estimated by CRS. Total number of outlets and participants are rounded to the nearest hundreds. Administration At the local level, sponsor organizations administer CACFP for all participating day care homes and centers that elect to have a sponsor. Sponsors are responsible for conducting audits of providers, distributing federal reimbursements, and in some instances, preparing and distributing 122 For more information on CACFP for emergency shelters, see https://www.fns.usda.gov/participation-emergency- For more information on CACFP for emergency shelters, see https://www.fns.usda.gov/participation-emergency-
shelters-child-and-adult-care-food-program-cacfp—questions-and-answers. shelters-child-and-adult-care-food-program-cacfp—questions-and-answers.
~~114~~123 Section 17(f)(2)(B) of the NSLA (42 U.S.C. Section 17(f)(2)(B) of the NSLA (42 U.S.C. §1766(f)(2)(B)). Emergency shelters can§1766(f)(2)(B)). Emergency shelters can receive reimbursement for up receive reimbursement for up
to three meals per day per child. to three meals per day per child.
~~115~~ 124 In CACFP, states may request In CACFP, states may request any amount of cash-in-lieu of commodities per Section 17(h)(1)(D) of the NSLA any amount of cash-in-lieu of commodities per Section 17(h)(1)(D) of the NSLA
(codified at 42 U.S.C.(codified at 42 U.S.C. §1766(h)(1)(D)). §1766(h)(1)(D)).
~~116~~125 Section 17(a)(5) of the NSLA (codified at Section 17(a)(5) of the NSLA (codified at 42 U.S.C.42 U.S.C. §1766(a)(5)); 7 C.F.R. §226.6(d). All CACFP-participating §1766(a)(5)); 7 C.F.R. §226.6(d). All CACFP-participating
child care centers and homes must bechild care centers and homes must be ~~licensed~~ licensed child care providers. If federal, state, or local licensing ischild care providers. If federal, state, or local licensing is not available, not available,
the institution must comply with federal, state, or local child care standards. Emergency shelters are not subject to this the institution must comply with federal, state, or local child care standards. Emergency shelters are not subject to this
requirement but they must meet state or local health and safety standards. requirement but they must meet state or local health and safety standards.
Congressional Research Service Congressional Research Service
2829

School Meals and Other Child Nutrition Programs: Background and Funding meals.126 They can be public or nonprofit institutions or, in some cases, for-profit institutions.127 Centers that choose to handle their own administrative responsibilities are referred to as independent centers. Unlike ~~and Funding~~

~~Table 7. CACFP Participation: Centers and Day Care Homes, FY2020~~
~~Total~~
~~Average Number of~~
~~Number of~~
~~Number of~~
~~Participants Per~~
~~Outlets~~
~~Participants~~
~~Institution~~

~~Day care homes~~
~~81,700~~
~~584,400~~
7
~~Child care centers~~
~~57,400~~
~~3,544,600~~
62
~~Adult day care centers~~
~~2,400~~
~~107,800~~
46
Source: USDA FNS, “March Keydata Report (November 2020 data),” March 12, 2021,
~~https://www.fns.usda.gov/data/march-keydata-report-november-2020-data.~~
Notes: FY2020 was an atypical year of operations due to the COVID-19 pandemic, and general y reflects lower
~~participation compared to recent years. Participation estimated by USDA FNS based on average daily meals~~
~~served; average number of participants per institutions estimated by CRS. Total number of outlets and~~
~~participants are rounded to the nearest hundreds.~~
~~Administration~~
~~At the local level, sponsor organizations administer CACFP for al participating day care homes~~
~~and centers that elect to have a sponsor.117 Sponsors are responsible for conducting audits of~~
~~providers, distributing federal reimbursements, and in some instances, preparing and distributing~~
~~meals.118 They can be public or nonprofit institutions or, in some cases, for-profit institutions.119~~
~~Centers that choose to handle their own administrative responsibilities are referred to as~~
~~independent centers.~~
~~Unlike~~ centers, day care homes are required to have a sponsor organization. Sponsors receive centers, day care homes are required to have a sponsor organization. Sponsors receive
monthly federal administrative payments based on the number of homes for which they are monthly federal administrative payments based on the number of homes for which they are
responsible (sponsors, on average, have more than 100 day care homes under their responsible (sponsors, on average, have more than 100 day care homes under their
supervision).supervision).~~120~~128 They may also receive a portion of the per-meal reimbursement if they have an They may also receive a portion of the per-meal reimbursement if they have an
agreement with the day care home to prepare meals.agreement with the day care home to prepare meals.~~121~~129 If a center opts to have a sponsor, the If a center opts to have a sponsor, the
sponsor may retain a portion of the per-meal reimbursements for its administrative expenses.sponsor may retain a portion of the per-meal reimbursements for its administrative expenses.~~122~~

~~117 As an example of the role that sponsors and homes play in CACFP, in Allentown, PA, the Lehigh Valley Children’s~~
~~Centers (LVCC) serves as a sponsor for child care homes in the area. T hey 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.~~
~~118 Per statute, sponsors must make at least one scheduled~~ 130 In CACFP, the state administering agency is typically the state department of education or department of health and/or human services.131 The state agency distributes federal funds and conducts reviews of CACFP sponsor organizations and independent centers.132 Similar to the school meals programs, FNS provides oversight of state agencies and issues guidance and regulations to states and providers. Eligibility and Reimbursement CACFP Centers The following institutions are eligible to participate as centers in CACFP:  public or private nonprofit (tax exempt) organizations providing nonresidential child care or adult day care (including school food authorities and Head Start centers),133  private for-profit organizations providing nonresidential child care or adult day care that enroll a certain proportion of low-income participants,134 and 126 Per statute, sponsors must make at least one scheduled visit to sponsored day care homes and centers each year and visit to sponsored day care homes and centers each year and
periodic unannounced site visits at not less than three-year intervals (Section 17(d)(2) of the NSLA [codified at 42 periodic unannounced site visits at not less than three-year intervals (Section 17(d)(2) of the NSLA [codified at 42
U.S.C.U.S.C. §1766(d)(2)]). Per regulations, sponsors must make at least three site visits each year, two of which must be §1766(d)(2)]). Per regulations, sponsors must make at least three site visits each year, two of which must be
unannounced, with limited exceptions (7 C.F.R. §226.16(d)(4)(iii)). CACFP has a “unannounced, with limited exceptions (7 C.F.R. §226.16(d)(4)(iii)). CACFP has a “ serious deficiency” process that serious deficiency” process that
outlines the procedures involved in terminating an institution or provider from CACFP, which involves corrective outlines the procedures involved in terminating an institution or provider from CACFP, which involves corrective
action plans and hearings (Section 17(d)(5) of the NSLA [codifiedaction plans and hearings (Section 17(d)(5) of the NSLA [codified at 42 U.S.C.at 42 U.S.C. §1766(d)(5)]).§1766(d)(5)]).
~~119~~ 127 For-profit institutions may be sponsors of for-profit centers if they are part of the same legal entity. Section For-profit institutions may be sponsors of for-profit centers if they are part of the same legal entity. Section
17(a)(2)(D) of the NSLA (codified17(a)(2)(D) of the NSLA (codified at 42 U.S.C.at 42 U.S.C. §1766(a)(2)(D)). §1766(a)(2)(D)).
~~120 T he~~ 128 The number of day number of day care homes dividedcare homes divided by the number of sponsors of day care homes. USDAby the number of sponsors of day care homes. USDA ~~FNS, “March Keydata~~
~~Report (November 2020 data),” March 12~~-FNS, “September 2020 Keydata Report,” January 27, 2021, https://www.fns.usda.gov/data/, 2021, https://www.fns.usda.gov/data/~~march~~september-2020-keydata-report-keydata-report~~-november-2020-~~
~~data.~~
~~121 See~~ . 129 See program regulations at 7 C.F.R. §226.13. program regulations at 7 C.F.R. §226.13.
~~122~~130 Sponsors of centers may retain up to 15% of the per-meal reimbursements for administrative expenses. Sponsors of centers may retain up to 15% of the per-meal reimbursements for administrative expenses. ~~T hey~~They may also request a state waiver to exceed this limit. See program regulations at 7 C.F.R. §226.7(g). 131 For a list of CACFP state administering agencies, see USDA-FNS, “CACFP: Contacts,” https://www.fns.usda.gov/contacts. 132 State agencies must annually review at least one-third of sponsors/independent centers. Further rules are specified at 7 C.F.R. §226.6(m). 133 Section 17(a)(2) of the NSLA (codified at 42 U.S.C. §1766(a)(2)). Private nonprofit institutions must have tax-exempt status under the Internal Revenue Code of 1986 per program regulations (7 C.F.R. §226.15). 134 Section 17(a)(2) and Section 17(d)(1)(B) of the NSLA (codified at 42 U.S.C. §1766(a)(2), (d)(1)(B)). Private for ~~may~~
~~also request a state waiver to exceed this limit. See program regulations at 7 C.F.R. §226.7(g).~~
~~Congressional Research Service~~
29

~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~In CACFP, the state administering agency is typical y the state department of education or~~
~~department of health and/or human services.123 The state agency distributes federal funds and~~
~~conducts reviews of CACFP sponsor organizations and independent centers.124~~
~~Similar to the school meals programs, FNS provides oversight of state agencies and issues~~
~~guidance and regulations to states and providers.~~
~~Eligibility and Reimbursement~~
~~CACFP Centers~~
~~The following institutions are eligible to participate as centers in CACFP:~~
~~ public or private nonprofit (tax exempt) organizations providing nonresidential~~
~~child care or adult day care (including school food authorities and Head Start~~
~~centers),125~~
~~ private for-profit organizations providing nonresidential child care or adult day~~
~~care that enroll a certain proportion of low-income participants,126 and~~
~~ emergency shelters for homeless families.127~~
~~Adult day care centers and outside school hour centers fal under the first two categories, but they~~
~~are subject to specific federal regulations.128~~
~~Income eligibility rules for CACFP centers are the same as the school meals programs:~~
~~participants in households at or below 130% of the poverty line qualify for free meals and snacks~~
~~and those between 130% and 185% of the poverty line qualify for reduced-price meals and~~
~~snacks (a charge of no more than 40 cents for a lunch or supper, 30 cents for a breakfast, and 15~~
~~cents for a snack).129 CACFP centers also use similar categorical eligibility criteria, including~~
~~participation in Head Start, foster child status, and household participation in SNAP, FDPIR, or~~
~~TANF assistance. Adults are categorical y eligible if they participate in SNAP, FDPIR,~~
~~Supplemental Security Income (SSI), or Medicaid.130 Eligibility is determined through paper~~
~~applications or, in some states, direct certification-like processes.~~

~~123 For a list of CACFP state administering agencies, see USDA FNS, “CACFP: Contacts,” https://www.fns.usda.gov/~~
~~contacts.~~
~~124 State agencies must annually review at least one-third of sponsors/independent centers. Further rules are specified at~~
~~7 C.F.R. §226.6(m).~~
~~125 Section 17(a)(2) of the NSLA (codified at 42 U.S.C. §1766(a)(2)). Private nonprofit institutions must have tax -~~
~~exempt status under the Internal Revenue Code of 1986 per program regulations (7 C.F.R. §226.15).~~
~~126 Section 17(a)(2) and Section 17(d)(1)(B) of the NSLA (codified at 42 U.S.C. §1766(a)(2), (d)(1)(B)). Private for~~ --
profit institutions qualify if at least 25% of enrolled children meet the income eligibility criteria for free or reduced-profit institutions qualify if at least 25% of enrolled children meet the income eligibility criteria for free or reduced-
price school meals, if the institution receives compensation under the Social Servicesprice school meals, if the institution receives compensation under the Social Services Block Grant for at least 25% of Congressional Research Service 30 link to page 36 School Meals and Other Child Nutrition Programs: Background and Funding  emergency shelters for homeless families.135 Adult day care centers and outside school hour centers fall under the first two categories, but they are subject to specific federal regulations.136 Income eligibility rules for CACFP centers are the same as the school meals programs: participants in households at or below 130% of the poverty line qualify for free meals and snacks and those between 130% and 185% of the poverty line qualify for reduced-price meals and snacks (a charge of no more than 40 cents for a lunch or supper, 30 cents for a breakfast, and 15 cents for a snack).137 CACFP centers also use similar categorical eligibility criteria, including participation in Head Start, foster child status, and household participation in SNAP, FDPIR, or TANF assistance. Adults are categorically eligible if they participate in SNAP, FDPIR, Supplemental Security Income (SSI), or Medicaid.138 Eligibility is determined through paper applications or, in some states, direct certification-like processes.~~Block Grant for at least 25% of~~
~~its enrolled children, or if at least 25% of enrolled adults are Medicaid or Social Services Block Grant beneficiaries.~~
~~127 Section 17(a)(2) and Section 17(t) of the NSLA (codified at 42 U.S.C. §1766(a)(2), (t)). Emergency shelters are~~
~~facilities that provide temporary housing as defined in the McKinney-Vento Homeless Assistance Act (42 U.S.C.~~
~~§11351).~~
~~128 7 C.F.R. §226.19; 7 C.F.R. §226.19a.~~
~~129 Section 17(c)(4) of the NSLA (codified at 42 U.S.C. §1766(c)(4)); 7 C.F.R. §226.2.~~
~~130 See definition of “free meal” at 7 C.F.R. §226.2. Statute provides categorical eligibility for adults who are members~~
~~of a household receiving assistance under the Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.) and recipients of~~
~~SSI or Medicaid. Section 17(o)(5) of the NSLA (codified at 42 U.S.C. §1766(o)(5)). Also see a summary of CACFP~~
~~Congressional Research Service~~
30

~~link to page 36~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

For CACFP centers, the reimbursement rates for breakfasts and lunches/suppers are the same as For CACFP centers, the reimbursement rates for breakfasts and lunches/suppers are the same as
the SBP breakfast reimbursement rate and NSLP lunch reimbursement rate, respectively. The the SBP breakfast reimbursement rate and NSLP lunch reimbursement rate, respectively. The
largest subsidies are provided for free and reduced-price meals and snacks, while paid meals largest subsidies are provided for free and reduced-price meals and snacks, while paid meals
receive a lower reimbursement.receive a lower reimbursement.~~131~~139 Unlike the school meals programs, CACFP Unlike the school meals programs, CACFP ~~al ows~~allows centers centers
certain flexibilitiescertain flexibilities for tracking meal counts and submitting claims for reimbursement.for tracking meal counts and submitting claims for reimbursement.~~132~~140
Compared to school meals, CACFP centers are also less likely to collect meal payments from Compared to school meals, CACFP centers are also less likely to collect meal payments from
participants and more likely to incorporate meal costs into tuition. Centers are not required to participants and more likely to incorporate meal costs into tuition. Centers are not required to
adjust tuition and fees to account for CACFP funding. Centers are also adjust tuition and fees to account for CACFP funding. Centers are also ~~al owed~~allowed to charge families to charge families
separately for meals and snacks, as long as there are no charges for children who qualify for free separately for meals and snacks, as long as there are no charges for children who qualify for free
meals and limited charges for those who qualify for reduced-price meals.meals and limited charges for those who qualify for reduced-price meals.~~133~~141
CACFP Day Care Homes
Day care homes are private homes that provide nonresidential child care services. In general, any Day care homes are private homes that provide nonresidential child care services. In general, any
day care home that meets local, state, or federal child care standards may participate in CACFP. day care home that meets local, state, or federal child care standards may participate in CACFP.
Unlike Unlike centers, day care homes centers, day care homes ~~general y~~generally do not make eligibility do not make eligibility determinations and receive the determinations and receive the
same reimbursement rate for every meal served. Day care homes located in a lowsame reimbursement rate for every meal served. Day care homes located in a low -income area or -income area or
with a low-income provider receive a higher, Tier I reimbursement rate (shown with a low-income provider receive a higher, Tier I reimbursement rate (shown inin Table 8). To . To
receive the Tier I rate, the home must be located in an area in which at least 50% of children are receive the Tier I rate, the home must be located in an area in which at least 50% of children are
eligibleeligible for free or reduced-price meals or be operated by a provider whose household income for free or reduced-price meals or be operated by a provider whose household income
~~level meets the free or reduced-price income standards.134 Day care homes that do not qualify for~~
~~Tier I rates receive Tier II (lower) rates. However, Tier II providers may seek the higher Tier I~~
~~subsidies for individual low-income children for whom household income information is~~
~~collected and verified.~~
~~Like centers, day care homes may incorporate meal costs into tuition. Unlike centers, federal~~
~~rules prohibit any separate meal charges.135~~

~~eligibility rules at the USDA FNS website, http://www.fns.usda.gov/cacfp/why-cacfp-important .~~
~~131 Section 17(c) of the NSLA (codified at 42 U.S.C. §1766(c)). For inflation -adjusted CACFP reimbursement rates for~~
~~school year 2019-2020, see 84 Federal Register 38594, https://www.federalregister.gov/documents/2019/08/07/2019-~~
~~16907/child-and-adult-care-food-program-national-average-payment-rates-day-care-home-food-service-payment.~~
~~132 7 C.F.R. §226.9. Also see USDA FNS, Independent Child Care Centers Handbook: A CACFP Handbook, May~~
~~2014, pp. 46-51, https://www.fns.usda.gov/cacfp/cacfp-handbooks.~~
~~133 7 C.F.R. §226.6(f)(1)(i). Also see USDA FNS, Independent Child Care Centers Handbook: A CACFP Handbook,~~
~~May 2014, pp. 18-19, https://www.fns.usda.gov/cacfp/cacfp-handbooks.~~
~~134 Section 17(f)(3)(A)(ii)(I) of the NSLA (codified at 42 U.S.C. §1766(f)(3)(A)(ii)(I)). Sponsoring organizations may~~
~~use school data (provided by the state agency) to demonstrate that at least 50% of children in the day care home’s area~~
~~are eligible for free/reduced-price meals, or use Census data (provided by FNS) to demonstrate that at least 50% of~~
~~children in the area are members of households that meet the in come standards for free or reduced-price meals. See~~
~~USDA FNS, Area Eligibility in Child Nutrition Program s, CACFP04-2017, December 1, 2016,~~
~~https://www.fns.usda.gov/area-eligibility-child-nutrition-programs.~~
~~135 7 C.F.R. §226.18(d).~~
~~Congressional Research Service~~
31

~~School Meals and Other Child Nutrition Programs: Background and Funding~~
its enrolled children, or if at least 25% of enrolled adults are Medicaid or Social Services Block Grant beneficiaries. 135 Section 17(a)(2) and Section 17(t) of the NSLA (codified at 42 U.S.C. §1766(a)(2), (t)). Emergency shelters are facilities that provide temporary housing as defined in the McKinney-Vento Homeless Assistance Act (42 U.S.C. §11351). 136 7 C.F.R. §226.19; 7 C.F.R. §226.19a. 137 Section 17(c)(4) of the NSLA (codified at 42 U.S.C. §1766(c)(4)); 7 C.F.R. §226.2. 138 See definition of “free meal” at 7 C.F.R. §226.2. Statute provides categorical eligibility for adults who are members of a household receiving assistance under the Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.) and recipients of SSI or Medicaid. Section 17(o)(5) of the NSLA (codified at 42 U.S.C. §1766(o)(5)). Also see a summary of CACFP eligibility rules at the USDA-FNS website, http://www.fns.usda.gov/cacfp/why-cacfp-important. 139 Section 17(c) of the NSLA (codified at 42 U.S.C. §1766(c)). 140 7 C.F.R. §226.9. Also see USDA-FNS, Independent Child Care Centers Handbook: A CACFP Handbook, May 2014, pp. 46-51, https://www.fns.usda.gov/cacfp/cacfp-handbooks. 141 7 C.F.R. §226.6(f)(1)(i). Also see USDA-FNS, Independent Child Care Centers Handbook: A CACFP Handbook, May 2014, pp. 18-19, https://www.fns.usda.gov/cacfp/cacfp-handbooks. Congressional Research Service 31 School Meals and Other Child Nutrition Programs: Background and Funding level meets the free or reduced-price income standards.142 Day care homes that do not qualify for Tier I rates receive Tier II (lower) rates. However, Tier II providers may seek the higher Tier I subsidies for individual low-income children for whom household income information is collected and verified. Like centers, CACFP-participating day care homes may incorporate meal costs into tuition. Unlike centers, federal rules prohibit any separate meal charges.143
Table 8. Reimbursement Rates: CACFP Centers and Day Care Homes
Per-Meal/Snack Reimbursement for the 48 Contiguous States, the District of Columbia, and U.S. Per-Meal/Snack Reimbursement for the 48 Contiguous States, the District of Columbia, and U.S.
Territories, School Year Territories, School Year ~~2020-2021~~2021-2022

Breakfast
Lunch/Supper
Snack
Centers
Free Free
$1. $1.7997
$3. $3.31
~~$0.91~~66 $1.00
Reduced-price Reduced-price
$1. $1.49
~~$2.91~~
~~$0.45~~67 $3.26 $0.50
Paid Paid
$0. $0.3133
$0. $0.3135
$0. $0.0809
Day Care Homes
Tier I Tier I
$1. $1.3340
$2. $2.4963
$0. $0.7478
Tier II Tier II
$0. $0.4851
$1. $1.5059
$0. $0.2021
Source: USDA FNS, “CACFP: National Average Payment Rates, Day Care HomeUSDA FNS, “CACFP: National Average Payment Rates, Day Care Home Food ServiceFood Service Payment Rates, Payment Rates,
and Administrativeand Administrative ~~Reimbursement~~ Reimbursement Rates for Sponsoring Organizations of Day Care HomesRates for Sponsoring Organizations of Day Care Homes for the Periodfor the Period July July
1, 1, ~~2020~~2021 Through June 30, Through June 30, ~~2021,” 85~~2022,” 86 Federal Register ~~44268~~35731, July , July ~~22, 2020~~7, 2021. Rates shown in the table apply to the . Rates shown in the table apply to the
U.S. Virgin Islands, Puerto Rico, and Guam; separate rates are provided for Alaska and U.S. Virgin Islands, Puerto Rico, and Guam; separate rates are provided for Alaska and ~~Hawai~~ Hawaii. For historical . For historical
program reimbursementprogram reimbursement rates, seerates, see http://www.fns.usda.gov/cacfp/reimbursement-rates. http://www.fns.usda.gov/cacfp/reimbursement-rates.
Notes: ~~CACFP centers receive the base reimbursement provided for breakfasts and lunches as SBP and NSLP.~~
Table does not show monthly administrativeTable does not show monthly administrative payments to sponsoring organizations of day care homes. payments to sponsoring organizations of day care homes.
Nutrition Standards and Food Service
Nutrition Standards
In addition to nutrition standards for school foods, the HHFKA required the Secretary of In addition to nutrition standards for school foods, the HHFKA required the Secretary of
Agriculture to update CACFP’s meal patterns. USDA’s final rule, effective October 1, 2017, Agriculture to update CACFP’s meal patterns. USDA’s final rule, effective October 1, 2017,
revised the meal patterns for meals and snacks served in centers and day care homes.revised the meal patterns for meals and snacks served in centers and day care homes.~~136~~144 It also It also
~~aligned nutrition standards for meals served to preschool-aged children through NSLP and SBP.~~
aligned nutrition standards for meals served to preschool-aged children through NSLP and SBP. 142 Section 17(f)(3)(A)(ii)(I) of the NSLA (codified at 42 U.S.C. §1766(f)(3)(A)(ii)(I)). Sponsoring organizations may use school data (provided by the state agency) to demonstrate that at least 50% of children in the day care home’s area are eligible for free/reduced-price meals, or use Census data (provided by FNS) to demonstrate that at least 50% of children in the area are members of households that meet the income standards for free or reduced-price meals. See USDA-FNS, Area Eligibility in Child Nutrition Programs, CACFP04-2017, December 1, 2016, https://www.fns.usda.gov/area-eligibility-child-nutrition-programs. 143 7 C.F.R. §226.18(d). 144 USDA-FNS, “Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010: Final Rule,” 81 Federal Register 24348 et seq., April 25, 2016, https://www.federalregister.gov/documents/2016/04/25/2016-09412/child-and-adult-care-food-program-meal-pattern-revisions-related-to-the-healthy-hunger-free-kids-act. Congressional Research Service 32 link to page 5 School Meals and Other Child Nutrition Programs: Background and Funding For infants (under 12 months of age), the new meal patterns eliminated juice, encouraged For infants (under 12 months of age), the new meal patterns eliminated juice, encouraged
breastfeeding, and set guidelines for the introduction of solid foods, among other changes. For breastfeeding, and set guidelines for the introduction of solid foods, among other changes. For
children ages one and older and adult participants, the new meal patterns increased whole grains, children ages one and older and adult participants, the new meal patterns increased whole grains,
fruits, and vegetables, limited milk to fruits, and vegetables, limited milk to ~~unflavored 1% and unflavored or flavored fat-free varieties,~~
certain varieties145, limited sugar in cereals and yogurts, and prohibited deep-fried foods. They also required that limited sugar in cereals and yogurts, and prohibited deep-fried foods. They also required that
potable water be available to children throughout the day. potable water be available to children throughout the day.
Procurement and Meal Service
CACFP institutions may purchase their own foods and prepare their own meals, or they may CACFP institutions may purchase their own foods and prepare their own meals, or they may
contract with a school or a food service management company that prepares meals for them. In contract with a school or a food service management company that prepares meals for them. In
either case, institutions must comply with federal, state, and local procurement regulations.either case, institutions must comply with federal, state, and local procurement regulations.~~137~~146 As As
noted previously, CACFPnoted previously, CACFP institutions also receive a certain amount of USDA Foods. ~~institutions also receive a certain amount of USDA Foods.~~

~~136 USDA FNS, “Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger -Free~~
~~Kids Act of 2010: Final Rule,” 81 Federal Register 24348 et seq., April 25, 2016, https://www.federalregister.gov/~~
~~documents/2016/04/25/2016-09412/child-and-adult-care-food-program-meal-pattern-revisions-related-to-the-healthy-~~
~~hunger-free-kids-act.~~
~~137 7 C.F.R. §226.22; USDA FNS, Independent Child Care Centers Handbook: A CACFP Handbook, May 2014, pp.~~
~~Congressional Research Service~~
32

~~School Meals and Other Child Nutrition Programs: Background and Funding~~

Meals must comply with state or local health, safety, and sanitation requirements for storing, Meals must comply with state or local health, safety, and sanitation requirements for storing,
preparing, and serving food, and institutions must acquire annual food safety inspections. Family-preparing, and serving food, and institutions must acquire annual food safety inspections. Family-
style meal service is encouraged in CACFP.style meal service is encouraged in CACFP.~~138~~147
Summer Meals
The The ~~Summer Food Service Program (SFSP)~~SFSP and the Seamless Summer Option and the Seamless Summer Option (SSO) provide federal provide federal
reimbursements for summer meals. SFSP is open to school food authorities, local public agencies, reimbursements for summer meals. SFSP is open to school food authorities, local public agencies,
and private nonprofit organizations, while and private nonprofit organizations, while ~~the Seamless Summer Option is specifical y~~SSO is specifically for school for school
food authorities, food authorities, ~~al owing~~allowing them to continue operating under certain NSLP/SBP requirements into them to continue operating under certain NSLP/SBP requirements into
the summer. the summer. ~~Both~~The programs programs ~~require children to~~share many of the same requirements, including a requirement that children consume meals onsite (known as the “congregate consume meals onsite (known as the “congregate
feeding” requirement).feeding” requirement).~~139~~148 In recent years, the federal government has tested alternatives to In recent years, the federal government has tested alternatives to
congregate feeding through the Summer Electronic Benefits Transfer for Children (Summer EBT) congregate feeding through the Summer Electronic Benefits Transfer for Children (Summer EBT)
demonstration in select states. demonstration in select states.
~~Summer Food Service Program (SFSP)~~
~~The~~ During the COVID-19 pandemic, the summer meals programs were used during the school year to facilitate free meal service (not discussed in this section).149 Summer Food Service Program (SFSP) Summer Food Service Program (SFSP) The SFSP provides federal aid to school food authorities and provides federal aid to school food authorities and
other local public and nonprofit organizations that serve meals and snacks to children during the other local public and nonprofit organizations that serve meals and snacks to children during the
summer months.summer months.~~140~~150 Federal aid is provided in the form of per-meal cash reimbursements and a Federal aid is provided in the form of per-meal cash reimbursements and a
~~smal er~~smaller amount of commodity foods 145 The original rule limited milk to unflavored whole milk for one-year-olds, unflavored low-fat (1%) or fat-free (skim) milk for two- to five-year-olds, and flavored or unflavored fat-free milk or unflavored low fat milk for children six years and older. For children ages six and older, flavored 1% milk is now allowed under USDA-FNS, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” 87 Federal Register 6984, February 7, 2022. 146 7 C.F.R. §226.22; USDA-FNS, Independent Child Care Centers Handbook: A CACFP Handbook, May 2014, pp. 38-39, https://www.fns.usda.gov/cacfp/cacfp-handbooks. 147 Ibid, p. 37. 148 7 C.F.R. ~~amount of commodity foods and administrative funds (discussed previously). The~~
~~program serves roughly 2.5 mil ion children at nearly 50,000 meal sites in a typical summer.141~~
~~Similar to CACFP, SFSP is administered at the local level by sponsor organizations that operate~~
~~the program at one or more meal sites (the physical location where food is served and eaten). Al~~
~~SFSP meal sites are required to have a sponsor. Sponsors may operate meal sites at a variety of~~
~~locations, including schools, recreation centers, parks, churches, and public libraries.~~
~~Unlike the other child nutrition programs, SFSP participation is general y limited (with the~~
~~exception of camps) to meal sites that serve children from “areas in which poor economic~~
~~conditions exist”—defined as areas or sites in which at least 50% of children are eligible for free~~
~~and reduced-price school meals (discussed further below).142~~

~~38-39, https://www.fns.usda.gov/cacfp/cacfp-handbooks.~~
~~138 Ibid, p. 37.~~
~~139 7 C.F.R. §225.6(e)(15).~~
~~140 Sponsors may operate SFSP~~ §225.6(e)(15). USDA issued waivers of this requirement during the COVID-19 pandemic. 149 Pandemic response policies are discussed briefly in the “Background” section of this report and in detail in CRS Report R46681, USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic. 150 Sponsors may operate SFSP from May through September for children on school vacation. Sponsors may also from May through September for children on school vacation. Sponsors may also
receive SFSPreceive SFSP reimbursements for meals duringreimbursements for meals during unanticipated school closures, and sponsors administering SFSPunanticipated school closures, and sponsors administering SFSP under under
a continuous school calendar system may operate SFSPa continuous school calendar system may operate SFSP at any time (7 C.F.R.at any time (7 C.F.R. ~~§225.6(e)).~~
~~141 Participation data prior to the COVID-19 pandemic from USDA FNS, “ November Keydata Report (September 2019~~
~~data),” December 13, 2019, https://www.fns.usda.gov/data/november-keydata-report-september-2019-data. According~~
~~to a May 2018 GAO report, estimates of participation in SFSP may be unreliable because they have been calculated~~
~~inconsistently across states and years. See U.S. Government Accountability Office,~~ ~~Actions Needed to Im prove~~
~~Participation Estim ates and Address Program Challenges,~~ ~~GAO-18-369, May 2018, https://www.gao.gov/products/~~
~~GAO-18-369.~~
~~142 Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. §1761(a)).~~
~~Congressional Research Service~~
33

~~link to page 11~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~Administration~~
~~The following public and private nonprofit institutions are eligible to participate in SFSP as~~
§225.6(e)). Congressional Research Service 33 School Meals and Other Child Nutrition Programs: Background and Funding and administrative funds (discussed previously). The program serves roughly 2.5 million children at nearly 50,000 meal sites in a typical summer.151 Similar to CACFP, SFSP is administered at the local level by sponsor organizations that operate the program at one or more meal sites (the physical location where food is served and eaten). All SFSP meal sites are required to have a sponsor. Sponsors may operate meal sites at a variety of locations, including schools, recreation centers, parks, churches, and public libraries. Unlike the other child nutrition programs, SFSP participation is generally limited (with the exception of camps) to meal sites that serve children from “areas in which poor economic conditions exist”—defined as areas or sites in which at least 50% of children are eligible for free and reduced-price school meals (discussed further below).152 Administration The following public and private nonprofit institutions are eligible to participate in SFSP as sponsors: sponsors:
 nonprofit organizations,  nonprofit organizations,
 school food authorities,  school food authorities,
 state and local governments (including tribal governments),  state and local governments (including tribal governments),
 public or nonprofit summer camps (overnight and day camps), and  public or nonprofit summer camps (overnight and day camps), and
 public or nonprofit colleges and universities participating in the National Youth  public or nonprofit colleges and universities participating in the National Youth
Sports Program. Sports Program.~~143~~153
Eligible Eligible sponsors must also provide year-round services to the community, with limited sponsors must also provide year-round services to the community, with limited
exceptions.exceptions.~~144~~154 According to statute, when selecting sponsors, states must give priority to school According to statute, when selecting sponsors, states must give priority to school
food authorities, public and nonprofit organizations that have demonstrated successful program food authorities, public and nonprofit organizations that have demonstrated successful program
performance in a prior year, new public sponsors, and new nonprofit sponsors (in that order). performance in a prior year, new public sponsors, and new nonprofit sponsors (in that order).
States must also prioritize sponsors located in rural areas.States must also prioritize sponsors located in rural areas.~~145~~155
Sponsors are responsible for selecting meal sites, distributing meals to sites, and monitoring Sponsors are responsible for selecting meal sites, distributing meals to sites, and monitoring
sites.sites.~~146~~156 Officials at meal sites are responsible for distributing meals to children, monitoring the 151 Participation data prior to the COVID-19 pandemic from USDA-FNS, “November Keydata Report (September 2019 data),” December 13, 2019, https://www.fns.usda.gov/data/november-keydata-report-september-2019-data. According to a May 2018 GAO report, estimates of participation in SFSP may be unreliable because they have been calculated inconsistently across states and years. See U.S. Government Accountability Office, Actions Needed to Improve Participation Estimates and Address Program Challenges, GAO-18-369, May 2018, https://www.gao.gov/products/GAO-18-369. 152 Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. §1761(a)). 153 Section 13(a)(7) of the NSLA (codified at 42 U.S.C. §1761(a)(7)). “Nonprofit” means tax exempt under Section 501(a) of the Internal Revenue Code of 1986 (7 C.F.R. §225.2). While SFSP sponsors are limited to nonprofit or public institutions, state agencies may approve open meal sites located at a for-profit institution. Federal funding for the National Youth Sports Program expired in 2006 (U.S. Department of Health and Human Services, Office of the Assistant Secretary for Health, The National Youth Sports Strategy, October 2019, p. 31, https://health.gov/sites/default/files/2019-10/National_Youth_Sports_Strategy.pdf). 154 Residential camps are not subject to this requirement. Section 13(a)(3)(D) of the NSLA (codified at 42 U.S.C. §1761(a)(3)(D)). 155 Section 13(a)(4) of the NSLA (codified at 42 U.S.C. §1761(a)(4)). 156 Most sponsors are responsible for overseeing 1-10 sites according to USDA-FNS, USDA Summer Meals Study Volume 2. Sponsor and Site Operational Characteristics, prepared by Westat, October 2021, p. 3-1, https://www.fns.usda.gov/cn/usda-summer-meals-study. Sponsors must conduct at least one site visit during the first Congressional Research Service 34 link to page 12 School Meals and Other Child Nutrition Programs: Background and Funding food service, and keeping track of meals served for reimbursement. At times, a sponsor may also be a site (for example, camps are both sponsors and meal sites). State administering agencies (often state departments of education) approve sponsors, distribute federal funds, and conduct reviews of sponsors and sites.157 State agencies receive SFSP funds for administrative costs in addition to general child nutrition program administrative funds (discussed previously in the “Administrative Funds” section). FNS distributes funds and commodities to state agencies, oversees states’ implementation of SFSP, and provides guidance and technical assistance to states and participating institutions. Types of Summer Meal Sponsors and Sites A USDA study of a nationally representative sample of SFSP and SSO sponsors and meal sites in summer 2018 found that the majority of sponsors were school food authorities (69%) and nonprofit organizations (25%). Common meal sites included schools, recreation/community centers, and day camps.158 Three-quarters of sponsors chose to operate SFSP and one-quarter operated SSO.159 Eligibility and Reimbursement According to statute, all sponsors except camps must “conduct a regularly scheduled food service for children from areas in which poor economic conditions exist.”160 SFSP regulations establish different eligibility rules for different types of meal sites. Open sites are the most common type of site, comprising an estimated 83% of summer meal sites in summer 2018.161 Open sites are meal sites that are open to all children in the community.162 In order to participate in SFSP, open sites must be located in an area in which at least 50% of the children would be eligible for free or reduced-price school meals as demonstrated through school data, Census data, or other approved data sources.163 Meals must be served free to all children at these sites, and the sponsor of the site receives reimbursement for every meal served (up to two meals or one meal and one snack per child daily). Closed enrolled sites are meal sites (other than camps) that only serve enrolled children. In order for the site to participate in SFSP, at least 50% of the enrolled children must qualify for free or week of program operation; review food service operations at least once during the first four weeks of program operation; and then maintain “a reasonable level of site monitoring” (7 C.F.R. §225.15(d)). 157 State agencies must review sponsors at least once every three years, with more frequent reviews of certain sponsors. Further details are available at 7 C.F.R. §225.7(d)(2)(ii). 158 USDA-FNS, USDA Summer Meals Study Volume 2. Sponsor and Site Operational Characteristics, prepared by Westat, October 2021, pp. 3-4 to 3-7, https://www.fns.usda.gov/cn/usda-summer-meals-study. 159 Ibid. The most common reasons for selecting SFSP over SSO were a preference for SFSP’s nutrition standards and reimbursement rates. 160 Section 13(a)(3)(C) of the NSLA (codified at 42 U.S.C. §1761(a)(3)(C)). 161 USDA-FNS, USDA Summer Meals Study Volume 2. Sponsor and Site Operational Characteristics, prepared by Westat, October 2021, p. 3-7, https://www.fns.usda.gov/cn/usda-summer-meals-study. 162 Open sites may become “restricted open sites” if they need to restrict attendance for reasons related to security, safety, or control (7 C.F.R. §225.2). According to USDA guidance, sponsors of restricted open sites must publicly announce the restriction. USDA-FNS, Administration Guide: Summer Food Service Program, September 2016, p. 12, https://www.fns.usda.gov/sfsp/handbooks. 163 Section 13(a)(1)(A) of the NSLA (42 U.S.C. §1761(a)(1)(A)). For more information on area eligibility, see USDA-FNS, “Area Eligibility in Child Nutrition Programs,” SP 08-2017, CACFP 04-2017, SFSP 03-2017, December 1, 2016, https://fns-prod.azureedge.net/sites/default/files/cn/SP08_CACFP04_SFSP03-2017os.pdf. Congressional Research Service 35 link to page 40 School Meals and Other Child Nutrition Programs: Background and Funding reduced-price school meals based on the submission of a household application or other documentation.164 Like open sites, meals are served free to all children and the sponsor receives reimbursement for every meal served (up to two meals or one meal and one snack per child daily). Camps include residential and day camps that provide organized programs for enrolled children. Unlike open and closed enrolled sites, camps do not have to demonstrate that a certain percentage of children meet the free and reduced-price eligibility standards in order to participate in SFSP. Instead, eligibility works like NSLP and SBP: camps make eligibility determinations using similar income and categorical eligibility criteria for free and reduced-price meals. However, unlike the school meals programs, camps receive the same reimbursement rate for free and reduced-price meals. Camps may receive reimbursement for up to three meals or two meals and one snack per eligible child daily. Camps are not required to serve meals for free to all children, and there is no paid reimbursement provided for full-price meals. Migrant sites must demonstrate that they predominantly serve migrant children as certified by a migrant organization or a sponsor. They follow the same eligibility and reimbursement rules as open sites, except that they may receive reimbursement for up to three meals or two meals and one snack per child daily. SFSP reimbursement rates (inflation-adjusted rates ~~Officials at meal sites are responsible for distributing meals to children, monitoring the~~
~~food service, and keeping track of meals served for reimbursement. At times, a sponsor may also~~
~~be a site (for example, camps are both sponsors and meal sites).~~
~~An FNS analysis of a national y representative sample of SFSP sponsors and meal sites in~~
~~summer 2015 found that the majority of sponsors were school food authorities and nonprofit~~
~~organizations, and common meal sites included schools, recreation centers, and~~
~~parks/playgrounds.147~~
~~State administering agencies (often state departments of education) approve sponsors, distribute~~
~~federal funds, and conduct reviews of sponsors and sites.148 State agencies receive SFSP funds for~~
~~administrative costs in addition to general child nutrition program administrative funds (discussed~~
~~previously in the “Administrative Funds” section).~~
~~FNS distributes funds and commodities to state agencies, oversees states’ implementation of~~
~~SFSP, and provides guidance and technical assistance to states and participating institutions.~~

~~143 Section 13(a)(7) of the NSLA (codified at 42 U.S.C. §1761(a)(7)). “Nonprofit” means tax exempt under Section~~
~~501(a) of the Internal Revenue Code of 1986 (7 C.F.R. §225.2). While SFSP sponsors are limited to nonprofit or public~~
~~institutions, state agencies may approve open meal sites located at a for -profit institution.~~
~~144 Residential camps are not subject to this requirement. Section 13(a)(3)(D) of the NSLA (codified at 42 U.S.C.~~
~~§1761(a)(3)(D)).~~
~~145 Section 13(a)(4) of the NSLA (codified at 42 U.S.C. §1761(a)(4)).~~
~~146 Sponsors managed an average of seven sites according to USDA FNS, “ T he Summer Food Service Program (SFSP)~~
~~Characteristics Study,” June 18, 2019, https://www.fns.usda.gov/sfsp/summer-food-service-program-characteristics-~~
~~study. Sponsors must conduct at least one site visit during the first week of program operation; review food service~~
~~operations at least once during the first four weeks of program operation; and then maintain “a reasonable level of site~~
~~monitoring” (7 C.F.R. §225.15(d)).~~
~~147 USDA FNS, “ T he Summer Food Service Program (SFSP) Characteristics Study,” June 18, 2019,~~
~~https://www.fns.usda.gov/sfsp/summer-food-service-program-characteristics-study.~~
~~148 State agencies must review sponsors at least once every three years, with more frequent reviews of certain sponsors.~~
~~Further details are available at 7 C.F.R. §225.7(d)(2)(ii).~~
~~Congressional Research Service~~
34

~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~Eligibility and Reimbursement~~
~~According to statute, al sponsors except camps must “conduct a regularly scheduled food service~~
~~for children from areas in which poor economic conditions exist.”149 SFSP regulations establish~~
~~different eligibility rules for different types of meal sites.~~
Open sites are meal sites that are open to al children in the community.150 In order to participate
~~in SFSP, open sites must be located in an area in which at least 50% of the children would be~~
~~eligible for free or reduced-price school meals as demonstrated through school data, Census data,~~
~~or other approved data sources.151 Meals must be served free to al children at these sites, and the~~
~~sponsor of the site receives reimbursement for every meal served (up to two meals or one meal~~
~~and one snack per child daily).~~
Closed enrolled sites are meal sites (other than camps) that only serve enrolled children. In order
~~for the site to participate in SFSP, at least 50% of the enrolled children must qualify for free or~~
~~reduced-price school meals based on the submission of a household application or other~~
~~documentation.152 Like open sites, meals are served free to al children and the sponsor receives~~
~~reimbursement for every meal served (up to two meals or one meal and one snack per child~~
~~daily).~~
Camps include residential and day camps that provide organized programs for enrolled children.
~~Unlike open and closed enrolled sites, camps do not have to demonstrate that a certain percentage~~
~~of children meet the free and reduced-price eligibility standards in order to participate in SFSP.~~
~~Instead, eligibility works like NSLP and SBP: camps make eligibility determinations using~~
~~similar income and categorical eligibility criteria for free and reduced-price meals. However,~~
~~unlike the school meals programs, camps receive the same reimbursement rate for free and~~
~~reduced-price meals. Camps may receive reimbursement for up to three meals or two meals and~~
~~one snack per eligible child daily. Camps are not required to serve meals for free to al children,~~
~~and there is no paid reimbursement provided for full-price meals.~~
National Youth Sports Program (NYSP) sites, run by the National Collegiate Athletic
~~Association, are enrolled sites; however, like open sites, they qualify for SFSP based on area~~
~~eligibility data showing that at least half of the children in the area would qualify for free or~~
~~reduced-price school meals. Sponsors of NYSP sites serve meals free to al enrolled children and~~
~~receive reimbursement for al meals served (up to two meals or one meal and one snack per child~~
~~daily).~~
Migrant sites must demonstrate that they predominantly serve migrant children as certified by a
~~migrant organization or a sponsor. They follow the same eligibility and reimbursement rules as~~
~~open sites, except that they may receive reimbursement for up to three meals or two meals and~~
~~one snack per child daily.~~

~~149 Section 13(a)(3)(C) of the NSLA (codified at 42 U.S.C. §1761(a)(3)(C)).~~
~~150 Open sites may become “restricted open sites” if they need to restrict attendance for reasons related to security,~~
~~safety, or control (7 C.F.R. §225.2). According to USDA guidance, sponsors of restricted open sites must publicly~~
~~announce the restriction. USDA FNS, Adm inistration Guide: Sum m er Food Service Program , September 2016, p. 12,~~
~~https://www.fns.usda.gov/sfsp/handbooks.~~
~~151 Section 13(a)(1)(A) of the NSLA (42 U.S.C. §1761(a)(1)(A)). For more in formation on area eligibility, see USDA~~
~~FNS, “Area Eligibility in Child Nutrition Programs,” SP 08-2017, CACFP 04-2017, SFSP 03-2017, December 1, 2016,~~
~~https://fns-prod.azureedge.net/sites/default/files/cn/SP08_CACFP04_SFSP03-2017os.pdf.~~
~~152 7 C.F.R. §225.15(f).~~
~~Congressional Research Service~~
35

~~link to page 40~~ ~~School Meals and Other Child Nutrition Programs: Background and Funding~~

~~According to the FNS study of SFSP sites, in summer 2015 the majority (59%) of sites were open~~
~~sites, 29% were closed enrolled sites, 9% were camps, and 4% were another type of site.153~~
~~The SFSP reimbursement rate (the total rate displayed in Table 9) is composed of two parts: an~~
~~operating cost (food, storage, labor) reimbursement and an administrative cost (planning,~~
~~organizing, and managing) reimbursement.154 While operating and administrative rates are~~
~~calculated separately, once~~ displayed in Table 9) are based on a statutory formula that takes into account operating costs (e.g., food, storage, and labor costs) and administrative costs.165 While such factors are taken into account in calculating the rates, once sponsors receive the funds they can use them for any sponsors receive the funds they can use them for any ~~al owable~~
allowable program cost. Higher program cost. Higher ~~administrative~~ reimbursements are provided for sponsors of rural meal sites reimbursements are provided for sponsors of rural meal sites
and “self-preparation” sites (meal sites in which a sponsor rather than vendor prepares food). and “self-preparation” sites (meal sites in which a sponsor rather than vendor prepares food).
Table 9. Reimbursement Rates: SFSP
Per-Meal/Snack Reimbursement Rates for the 48 Contiguous States and the District of Columbia, Per-Meal/Snack Reimbursement Rates for the 48 Contiguous States and the District of Columbia,
Calendar Year Calendar Year ~~2021~~2022

Breakfast
Lunch/Supper
Snack
~~Rural or~~
~~All Other~~
~~Rural or~~
~~All Other~~
~~Rural or~~
~~All Other~~

~~Self-Prep~~
~~Sites~~
~~Self-Prep~~
~~Sites~~
~~Self-Prep~~
~~Sites~~
~~Operating~~
~~$2.24~~
~~$2.24~~
~~$3.91~~
~~$3.91~~
~~$0.91~~
~~$0.91~~
~~component~~
~~Administrative~~
~~$0.22~~
~~$0.18~~
~~$0.41~~
~~$0.34~~
~~$0.11~~
~~$0.09~~
~~component~~
~~Total rate~~
~~$2.46~~
~~$2.42~~
~~$4.32~~
~~$4.25~~
~~$1.02~~
~~$1.00~~Rural or Self-Prep $2.61 $4.56 $1.10 All Other Sites $2.56 $4.49 $1.05
Source: For program reimbursementFor program reimbursement rates as rates as ~~wel as Alaska’s and Hawai ’s rates, see USDA~~ well as Alaska’s and Hawaii’s rates, see USDA-FNS, “Summer FNS, “Summer
Food Service Program:Food Service Program: ~~2021~~ 2022 Reimbursement Reimbursement Rates,” Rates,” 8587 Federal Register ~~86901, December 31, 2020.~~
~~Note:~~ ~~Per authorizing law, the administrative component is calculated~~1107, January 10, 2022. Note: Rates are rounded to the nearest to the nearest ~~quarter-cent. This table~~
~~rounds to the nearest cent, and rates may not sum to the total.~~ cent. “Rural” means “(a) any area in a county which is “Rural” means “(a) any area in a county which is
not a part of a Metropolitan Statistical Area or (b) any ‘pocket’not a part of a Metropolitan Statistical Area or (b) any ‘pocket’ within a Metropolitan Statistical Area” that is within a Metropolitan Statistical Area” that is
~~geographical y~~ geographically isolated from urban areas (7 C.F.R.isolated from urban areas (7 C.F.R. 225.2). “Self-Prep” means that meals225.2). “Self-Prep” means that meals are prepared by the are prepared by the
sponsor or site (and not by a vendor). sponsor or site (and not by a vendor).
Nutrition Standards
Meals and snacks served through SFSP must meet federal nutrition standards. In contrast to the Meals and snacks served through SFSP must meet federal nutrition standards. In contrast to the
child nutrition programs discussed thus far, SFSP’s nutrition standards are not required to align child nutrition programs discussed thus far, SFSP’s nutrition standards are not required to align
with the Dietary Guidelines for Americans, but are “prescribed by the Secretary on the basis of with the Dietary Guidelines for Americans, but are “prescribed by the Secretary on the basis of
~~tested nutritional research.”155 Program regulations outline the nutrition standards for breakfasts,~~
~~lunches/suppers, and snacks.156 The standards prescribe minimum servings of fruits and~~
~~vegetables, meats/meat alternatives, breads/bread alternatives, and milk. Unlike school meals and~~
~~CACFP, there are no limits on calories, saturated and trans fats, and milk varieties in SFSP.~~

~~153 USDA FNS, “ T he Summer Food Service Program (SFSP) Characteristics Study,” June 18, 2019,~~
~~https://www.fns.usda.gov/sfsp/summer-food-service-program-characteristics-study.~~
~~154 T he~~ 164 7 C.F.R. §225.15(f). 165 The authority for operating cost reimbursements is provided in Section 13(b)(1) of the NSLA ( authority for operating cost reimbursements is provided in Section 13(b)(1) of the NSLA ( 42 U.S.C. 42 U.S.C.
§1761(b)(1)), and the authority for the administrative cost reimbursement is provided in Section 13(b)(3) of the NSLA §1761(b)(1)), and the authority for the administrative cost reimbursement is provided in Section 13(b)(3) of the NSLA
(42 U.S.C.(42 U.S.C. ~~§1761(b)(3)).~~
~~155 Section 13(f) of the NSLA (codified at 42 U.S.C. §1761(f)).~~
~~156 7 C.F.R. §225.16(d).~~
§1761(b)(3)). Congressional Research Service Congressional Research Service
36 36

link to page link to page 2324 link to page link to page 1011 School Meals and Other Child Nutrition Programs: Background ~~and Funding~~

~~Participating school food authorities may choose instead to use the NSLP and/or SBP nutrition~~
~~standards for SFSP.157~~
~~Procurement and~~ and Funding tested nutritional research.”166 Program regulations outline the nutrition standards for breakfasts, lunches/suppers, and snacks.167 The standards prescribe minimum servings of fruits and vegetables, meats/meat alternatives, breads/bread alternatives, and milk. Unlike school meals and CACFP, there are no limits on calories, saturated and trans fats, and milk varieties in SFSP. Participating school food authorities may instead choose to use the NSLP and/or SBP nutrition standards for SFSP.168 Meal Service
As noted, children are required to consume meals onsite in SFSP. There are also requirements As noted, children are required to consume meals onsite in SFSP. There are also requirements
around the timing of meals in SFSP: there must be at least three hours between meal or snack around the timing of meals in SFSP: there must be at least three hours between meal or snack
services and four hours between lunch and dinner if there is no snack served.services and four hours between lunch and dinner if there is no snack served.~~158~~169 Like the other Like the other
child nutrition programs, SFSP sponsors must comply with local or state health and sanitation child nutrition programs, SFSP sponsors must comply with local or state health and sanitation
requirements. requirements.
Seamless Summer Option
(SSO) School food authorities may participate in SFSP, or they can choose to offer summer meals School food authorities may participate in SFSP, or they can choose to offer summer meals
through through ~~the Seamless Summer Option. The Seamless Summer Option al ows~~SSO. SSO allows school food school food
authorities to continue operating under certain NSLP/SBP requirements into the summer.authorities to continue operating under certain NSLP/SBP requirements into the summer.170 For For
example, it example, it ~~al ows~~allows them to use the school meals programs’ nutrition standards, administrative them to use the school meals programs’ nutrition standards, administrative
review process, and reimbursement rates (sereview process, and reimbursement rates (see Table 5 for NSLP/SBP reimbursement rates). Other for NSLP/SBP reimbursement rates). Other
requirements are the same as SFSP, including site requirements are the same as SFSP, including site ~~eligibility rules.159~~eligibility rules.171 School food authorities are School food authorities are
the only eligiblethe only eligible sponsor in sponsor in ~~the Seamless Summer Option~~SSO, but they can operate the program at a , but they can operate the program at a
variety of meal sites (e.g., parks, recreation centers, libraries). variety of meal sites (e.g., parks, recreation centers, libraries).
The school lunch and breakfast reimbursement rates used in The school lunch and breakfast reimbursement rates used in ~~the Seamless Summer Option are~~
~~slightly~~SSO are lower than SFSP’s reimbursement rates. However, school food authorities participating in lower than SFSP’s reimbursement rates. However, school food authorities participating in
~~the Seamless Summer Option~~SSO also receive the NSLP commodity reimbursement (discussed in the also receive the NSLP commodity reimbursement (discussed in the
“Commodity Assistance” section). School food authorities may also have a reduced section). School food authorities may also have a reduced
administrative burden under administrative burden under ~~the Seamless Summer Option~~SSO. .
Summer EBT and Other Demonstration Projects
~~Beginning in summer 2011 and each summer since (as of the date of this report)~~Since summer 2011, USDA has , USDA has
operated Summer Electronic Benefit Transfer for Children (Summer EBT) demonstration projects operated Summer Electronic Benefit Transfer for Children (Summer EBT) demonstration projects
in a limited number of states and Indian Tribal Organizations.in a limited number of states and Indian Tribal Organizations.172 The project provides electronic The project provides electronic
food benefits to households with children food benefits to households with children ~~eligible~~ eligible for free or reduced-price school meals. for free or reduced-price school meals.
Depending on the site and year, either $30 or $60 per month is provided on an EBT card. States Depending on the site and year, either $30 or $60 per month is provided on an EBT card. States
and jurisdictions may apply to administer the project through SNAP or WIC. Participants in and jurisdictions may apply to administer the project through SNAP or WIC. Participants in
jurisdictions providing benefits through SNAP can redeem benefits for SNAP-eligible foods at jurisdictions providing benefits through SNAP can redeem benefits for SNAP-eligible foods at
any SNAP-authorized retailer, while participants in any SNAP-authorized retailer, while participants in ~~the WIC EBT jurisdictions are limited to a~~
~~smal er set of eligible foods at WIC-authorized retailers.~~
~~Summer meal demonstration projects were first authorized and funded by the FY2010~~
~~appropriations law (P.L. 111-80).160 Since FY2015, they have been funded in annual~~

~~157 7 C.F.R. §225.16(f).~~
~~158 In addition, suppers~~ 166 Section 13(f) of the NSLA (codified at 42 U.S.C. §1761(f)). 167 7 C.F.R. §225.16(d). 168 7 C.F.R. §225.16(f). 169 In addition, suppers cannot be served after 7 p.m. without a waiver from the state agency. 7 C.F.R. §225.16(c). cannot be served after 7 p.m. without a waiver from the state agency. 7 C.F.R. §225.16(c).
~~159~~170 Section 13(a)(8) of the NSLA (codified at 42 U.S.C. Section 13(a)(8) of the NSLA (codified at 42 U.S.C. §1761(a)(8)).§1761(a)(8)). 171 For a comparison of SFSP and SSO, For a comparison of SFSP and SSO, see USDAsee USDA
-FNS,FNS, “Comparison of Programs: SFSP/NSLP/Seamless“Comparison of Programs: SFSP/NSLP/Seamless Option,” January 22, 2015, https://fns-prod.azureedge.Option,” January 22, 2015, https://fns-prod.azureedge.~~net~~us/sites//sites/
~~default/files/SFSP_SeamlessComparisonChart.pdf.~~
~~160 Section 749(g) of P.L. 111-80. T he FY2010 appropriation was $85 million, which funded demonstration activities in~~
~~summers 2011 to 2014. Additional appropriations for summer demonstration projects have been provided in each of~~
~~FY2015 through FY2019. For more information, see CRS Report R45486,~~ ~~Child Nutrition Program s: Issues in the~~default/files/SFSP_SeamlessComparisonChart.pdf. 172 In summer 2021, state grantees did not operate Summer EBT due to the availability of the Pandemic Electronic Benefit Transfer (P-EBT) program. However, three tribes operated programs (Cherokee Nation, Chickasaw Nation, and the Inter Tribal Council of Arizona).
Congressional Research Service Congressional Research Service
37 37

School Meals and Other Child Nutrition Programs: Background ~~and Funding~~

and Funding the WIC EBT jurisdictions are limited to a smaller set of eligible foods at WIC-authorized retailers.173 Summer meal demonstration projects were first authorized and funded by the FY2010 appropriations law (P.L. 111-80).174 Since FY2015, they have been funded in annual appropriations acts (as of the cover date of this report). Although a number of approaches were appropriations acts (as of the cover date of this report). Although a number of approaches were
tested, findings from Summer EBT were among the most promising, showing significant impacts tested, findings from Summer EBT were among the most promising, showing significant impacts
on reducing food insecurity and improving nutrient intake.on reducing food insecurity and improving nutrient intake.~~161~~
~~Summer EBT grantees in prior years include Connecticut, the Cherokee and Chickasaw nations,~~
~~Delaware, Michigan, Missouri, Nevada, Oregon, Tennessee, Texas, Virginia, and Washington.162~~
175 Since the beginning of the demonstration, 14 states and tribes have operated Summer EBT projects.176 In October 2018, FNS announced a new strategy for determining grant recipients in FY2019 that In October 2018, FNS announced a new strategy for determining grant recipients in FY2019 that
~~prioritized states that had not participated before,~~ prioritized statewide projectsstatewide projects, and projects that could and projects that could
~~operate in the summers of 2019 through 2021.163 Four jurisdictions were awarded funds: the~~
~~Chickasaw Nation and Michigan (prior grantees) were funded for summers 2019-2021, and~~
~~Wisconsin and the Inter Tribal Council of Arizona (new grantees) were funded for summers~~
~~2020-2022.164 In October 2020, FNS announced the addition of four jurisdictions—Cherokee~~
~~Nation, Connecticut,~~ operate for multiple summers.177 Eight grantees were awarded funds to operate projects for three summers each between 2019 and 2024: Cherokee Nation, Chickasaw Nation, Connecticut, Michigan, Missouri, and Oregon (Missouri, and Oregon (~~al prior grantees)—that were awarded funding to~~
~~operate projects in summers 2021-2023.165~~
prior grantees), as well as Wisconsin and the Inter Tribal Council of Arizona (new grantees).178 Other summer demonstrations projects have included food backpacks, food boxes, and meal Other summer demonstrations projects have included food backpacks, food boxes, and meal
delivery for children in rural areas.delivery for children in rural areas.~~166~~179 In addition, since summer 2015 there has been a In addition, since summer 2015 there has been a
demonstration project to provide exemptions from the congregate feeding requirement to SFSP demonstration project to provide exemptions from the congregate feeding requirement to SFSP
and Seamless Summer Option outdoor meal sites experiencing excessive heat.and Seamless Summer Option outdoor meal sites experiencing excessive heat.~~167~~
~~Special Milk Program (SMP)~~
~~The Special Milk Program (SMP) provided funding for milk served in approximately 3,500~~
~~schools, child care institutions, summer camps, and other institutions in FY2020.168 General y,~~

115th Congress.
~~161 Collins et al.,~~ ~~Summer Electronic Benefits Transfer for Children (SEBTC) Demonstration: Evaluation Findings for~~
~~the Full Im plem entation Year,~~ ~~prepared by Abt Associates, Mathematica Policy Research, and Maximus (Alexandria,~~
~~VA: USDA FNS, 2013), p. 105. Improvements in food insecurity varied significantly between Summer EBT sites. For~~
~~evaluations of other approaches tested through the Enhanced Summer Food Service Program (eSFSP), see USDA FNS,~~
~~“Enhanced Summer Food Service Program,” November 8, 2013, https://www.fns.usda.gov/ops/enhanced-summer-~~
~~food-service-program-esfsp.~~
~~162 USDA FNS, “ USDA Announces Summer EBT Grants; Includes New States, Rural Communities,” June 28, 2017,~~
~~https://www.fns.usda.gov/pressrelease/2017/006617; and USDA FNS,~~ ~~Sum m er Electronic Benefit Transfer for~~
~~Children (SEBTC) Dem onstration: Sum m ary Report, prepared by Abt Associates Inc., May 2016, p. 7,~~
~~https://www.fns.usda.gov/sfsp/summer-electronic-benefit -transfer-children-sebtc-demonstration-summary-report.~~
~~163 Grants.gov,~~ ~~Summer Electronic Benefit Transfer for Children (Summ er EBT) Grant Program: Fiscal Year 2019~~
~~Request for Applications, USDA FNS, October 31, 2018, https://www.grants.gov/web/grants/view-opportunity.html?~~
~~oppId=310059.~~
~~164 USDA Office of Budget and Program Analysis (OBPA), “2021 USDA Explanatory Notes – Food and Nutrition~~
~~Service,” p. 34-41, https://www.usda.gov/sites/default/files/documents/fns-fy2021-congressional-justifications.pdf.~~
~~165 USDA FNS, “USDA Awards Child Nutrition Summer EBT Grants,” October 30, 2020, https://www.fns.usda.gov/~~
~~news-item/fns-001620.~~
~~166 For further discussion, see CRS In Focus IF11633, Summer Meals for Children: An Overview of Federal Aid.~~
~~USDA FNS, “ Enhanced Summer Food Service Program (eSFSP),” https://www.fns.usda.gov/ops/enhanced-summer-~~
~~food-service-program-esfsp; and USDA FNS, “ USDA Highlights Success of Rural Summer Meals Delivery Project in~~
~~T exas,” August 13, 2019, https://www.fns.usda.gov/pressrelease/fns-001119.~~
~~167 USDA FNS, “Demonstration Project for Non-Congregate Feeding for Outdoor Summer Meal Sites Experiencing~~
~~Excessive Heat with Q&As,” SP 28-2019, SFSP 13-2019, May 29, 2019, https://www.fns.usda.gov/school-meals/~~
~~demonstration-project-non-congregat e-feeding-outdoor-summer-meal-sites-experiencing.~~
~~168 USDA FNS, “March Keydata Report (November 2020 data),” March 12, 2021, https://www.fns.usda.gov/data/~~
~~march-keydata-report-november-2020-data.~~
~~Congressional Research Service~~
38

~~link to page 43~~ ~~School Meals and Other Child Nutrition Programs: Background~~ 180 173 USDA-FNS, Summer Electronic Benefit Transfer for Children (SEBTC) Demonstration: Summary Report, prepared by Abt Associates Inc., May 2016, https://www.fns.usda.gov/sfsp/summer-electronic-benefit-transfer-children-sebtc-demonstration-summary-report. 174 Section 749(g) of P.L. 111-80. The FY2010 appropriation was $85 million, which funded demonstration activities in summers 2011 to 2014. Additional appropriations for summer demonstration projects have been provided in each of FY2015 through FY2022. For more information, see CRS Report R45486, Child Nutrition Programs: Issues in the 115th Congress. 175 Collins et al., Summer Electronic Benefits Transfer for Children (SEBTC) Demonstration: Evaluation Findings for the Full Implementation Year, prepared by Abt Associates, Mathematica Policy Research, and Maximus (Alexandria, VA: USDA-FNS, 2013), p. 105. Improvements in food insecurity varied significantly between Summer EBT sites. For evaluations of other approaches tested through the Enhanced Summer Food Service Program (eSFSP), see USDA-FNS, “Enhanced Summer Food Service Program,” November 8, 2013, https://www.fns.usda.gov/ops/enhanced-summer-food-service-program-esfsp. 176 Connecticut, Cherokee Nation, Chickasaw Nation, Delaware, the Inter Tribal Council of Arizona, Michigan, Missouri, Nevada, Oregon, Tennessee, Texas, Virginia, Washington, and Wisconsin. 177 Grants.gov, Summer Electronic Benefit Transfer for Children (Summer EBT) Grant Program: Fiscal Year 2019 Request for Applications, USDA-FNS, October 31, 2018, https://www.grants.gov/web/grants/view-opportunity.html?oppId=310059. 178 USDA Office of Budget and Program Analysis (OBPA), “2023 USDA Explanatory Notes – Food and Nutrition Service,” p. 35-43, https://www.usda.gov/sites/default/files/documents/35-2023-FNS.pdf. 179 For further discussion, see CRS In Focus IF11633, Summer Meals for Children: An Overview of Federal Aid. USDA-FNS, “Enhanced Summer Food Service Program (eSFSP),” https://www.fns.usda.gov/ops/enhanced-summer-food-service-program-esfsp; and USDA-FNS, “USDA Highlights Success of Rural Summer Meals Delivery Project in Texas,” August 13, 2019, https://www.fns.usda.gov/pressrelease/fns-001119. 180 USDA-FNS, “Demonstration Project for Non-Congregate Feeding for Outdoor Summer Meal Sites Experiencing Excessive Heat with Q&As,” SP 28-2019, SFSP 13-2019, May 29, 2019, https://www.fns.usda.gov/school-meals/demonstration-project-non-congregate-feeding-outdoor-summer-meal-sites-experiencing. Congressional Research Service 38 link to page 43 School Meals and Other Child Nutrition Programs: Background and Funding Special Milk Program (SMP) SMP provides funding for milk served in more than 3,000 schools, child care institutions, summer camps, and other institutions in a typical year.181 Generally, ~~and Funding~~

schools and other participating institutions may not participate in another child nutrition meal schools and other participating institutions may not participate in another child nutrition meal
service program along with SMP. However, schools may administer SMP for pre-kindergartners service program along with SMP. However, schools may administer SMP for pre-kindergartners
and kindergartners who are in part-day sessions and do not have access to the school meals and kindergartners who are in part-day sessions and do not have access to the school meals
programs.programs.~~169~~182
In SMP, participating institutions provide milk to children for free and/or at a subsidized paid In SMP, participating institutions provide milk to children for free and/or at a subsidized paid
price. Institutions are reimbursed differently based on whether they decide to provide milk for price. Institutions are reimbursed differently based on whether they decide to provide milk for
free to free to al all children, children, ~~sel~~ sell milk to milk to al all children, or combine these options (children, or combine these options (~~providing~~provide free milk to free milk to
eligibleeligible children and children and ~~sel ing~~ sell milk to other children) (milk to other children) (seesee Table 10). If institutions choose the . If institutions choose the
combined option, they must establish eligibilitycombined option, they must establish eligibility rules for free milk.rules for free milk.~~170~~183
USDA updated the nutritional requirements for milk served in SMP alongside changes to the USDA updated the nutritional requirements for milk served in SMP alongside changes to the
CACFP nutrition standards.CACFP nutrition standards.~~171~~184 The final rule, which took effect on October 1, 2017, required The final rule, which took effect on October 1, 2017, required
unflavored whole milkunflavored whole milk for one-year-olds, unflavored low-fat (1%) or unflavored fat-free milk for for one-year-olds, unflavored low-fat (1%) or unflavored fat-free milk for
children ages 2-5, and unflavored low-fat (1%) or flavored/unflavored fat-free milk for children children ages 2-5, and unflavored low-fat (1%) or flavored/unflavored fat-free milk for children
ages six and olderages six and older~~. The regulations also al owed~~ (a subsequent rule in February 2022 allows flavored low-fat milk for the six-and-older age group).185 The regulations also allowed for reimbursement of non-dairy milk substitutes for reimbursement of non-dairy milk substitutes
in cases of medical or special dietary needs. in cases of medical or special dietary needs.
Table 10. Reimbursement Rates: SMP
Per Half-Pint Reimbursement, 50 States and the District of Columbia, School Year Per Half-Pint Reimbursement, 50 States and the District of Columbia, School Year ~~2020-2021~~2021-2022
Free Milk to Low-

All Milk Served
Paid Milk
Income Children
Schools that only Schools that only ~~sel~~
~~milk~~
sell $0. $0.2022
N/A N/A
N/A N/A
milk Schools that provide Schools that provide
~~only free milk~~
~~$0.20~~ $0.22
N/A N/A
N/A N/A
only free milk Schools that Schools that ~~sel~~ sell milk milk
N/A N/A
$0. $0.2022
Average cost per Average cost per
and provide free milk and provide free milk
half-pint of milk half-pint of milk
Source: USDAUSDA -FNS, “National School Lunch, Special Milk,FNS, “National School Lunch, Special Milk, and School Breakfast Programs,and School Breakfast Programs, National Average National Average
Payments/Maximum ReimbursementPayments/Maximum Reimbursement Rates,” July Rates,” July ~~22, 2020, 85~~16, 2021, 86 Federal Register ~~44270~~37733. .
Note: The average cost per half-pint of milkThe average cost per half-pint of milk is determinedis determined based on receiptsbased on receipts submitted by the institution. 181 USDA-FNS, “National Level Annual Summary Tables FY1969-2021: Special Milk – Outlets and Milk Served,” April 7, 2022, https://www.fns.usda.gov/pd/child-nutrition-tables. 182~~submitted by the institution.~~
~~After-School Meals and Snacks~~
~~CACFP and NSLP both provide federal support for snacks and meals served during after-school~~
~~programs.172 The CACFP At-Risk Afterschool component provides reimbursement for up to one~~
~~snack and one meal (usual y supper) per child daily, whereas the NSLP Afterschool Snack option~~
~~provides reimbursement for snacks only. Reimbursement rates for CACFP At-Risk Afterschool~~

~~169~~ Section 3 of the Child Nutrition Act of 1966 (42 U.S.C. §1772). Section 3 of the Child Nutrition Act of 1966 (42 U.S.C. §1772).
~~170~~183 Institutions can set eligibility at or below Institutions can set eligibility at or below the income threshold for free school meals (130% of the poverty line) (7 the income threshold for free school meals (130% of the poverty line) (7
C.F.R.C.F.R. §215.13a). §215.13a).
~~171~~ 184 USDA USDA -FNS,FNS, Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free
Kids Act of 2010, final rule, 81 , final rule, 81 Federal Register 24347, April 25, 2016, https://www.federalregister.gov/documents/24347, April 25, 2016, https://www.federalregister.gov/documents/
2016/04/25/2016-09412/child-and-adult-care-food-program-meal-pattern-revisions-related-to-the-healthy-hunger-free-2016/04/25/2016-09412/child-and-adult-care-food-program-meal-pattern-revisions-related-to-the-healthy-hunger-free-
kids-act. kids-act.
~~172 T he CACFP At-Risk Afterschool snack/meal program is authorized in Section 17(r) of the NSLA (42 U.S.C.~~
~~§1766(r)); the NSLP snack program is authorized in Section 17A of the NSLA (42 U.S.C. §1766a).~~
185 Ibid; USDA-FNS, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” 87 Federal Register 6984, February 7, 2022. Congressional Research Service Congressional Research Service
39 39

link to page 36 link to page 34 link to page 36 link to page 34 School Meals and Other Child Nutrition Programs: Background and Funding After-School Meals and Snacks CACFP and NSLP both provide federal support for snacks and meals served during after-school programs.186 The CACFP At-Risk Afterschool component provides reimbursement for up to one snack and one meal (usually supper) per child daily, whereas the NSLP Afterschool Snack option provides reimbursement for snacks only. Reimbursement rates for CACFP At-Risk Afterschool ~~and Funding~~

meals/snacks and NSLP afterschool snacks are the same as CACFP reimbursement rates (listed in meals/snacks and NSLP afterschool snacks are the same as CACFP reimbursement rates (listed in
Table 8).
CACFP At-Risk Afterschool Meals and Snacks
The CACFP At-Risk Afterschool component was authorized as a demonstration project in 1994 The CACFP At-Risk Afterschool component was authorized as a demonstration project in 1994
(P.L. 103-448), expanded over time, and made available to (P.L. 103-448), expanded over time, and made available to al all states by the HHFKA.187 At-Risk Afterschool meal providers include the same types of institutions that are eligible to become ~~states by the HHFKA.173 The~~
~~institutional eligibility rules are the same for At-Risk Afterschool providers as~~ CACFP centers CACFP centers
~~(see~~(see the institutional eligibility rules in the the “CACFP Centers” section); section); ~~additional y, CACFP~~however, they do not need to operate the child/day care component of CACFP in order to operate the At-Risk Afterschool component. Additionally, At-Risk Afterschool providers must be At-Risk Afterschool providers must be
located in areas where at least 50% of children in the community are eligiblelocated in areas where at least 50% of children in the community are eligible for free or reduced-for free or reduced-
price school meals.price school meals.~~174~~188 The afterschool program must The afterschool program must also have “an educational or enrichment have “an educational or enrichment
purpose.”purpose.”~~175~~189 Unlike the traditional CACFP, which is available to children ages 12 and under, the At-Risk Afterschool component allows participation through age 18.
Participating institutions receive reimbursement for up to one snack and one meal (e.g., supper) Participating institutions receive reimbursement for up to one snack and one meal (e.g., supper)
per child daily, and meals and snacks are provided for free to per child daily, and meals and snacks are provided for free to al all children. Meals and snacks must children. Meals and snacks must
meet federal nutrition standards.meet federal nutrition standards.~~176~~190 Institutions may operate the At-Risk Afterschool program in Institutions may operate the At-Risk Afterschool program in
the after-school hours and on weekends, holidays, and breaks during the school year. the after-school hours and on weekends, holidays, and breaks during the school year.
~~Unlike the traditional CACFP, which is only available to children ages 12 and under, the At-Risk~~
~~Afterschool component al ows participation through age 18. In FY2020~~In recent years, the CACFP At-Risk , the CACFP At-Risk
Afterschool component Afterschool component has served a daily average of served a daily average of ~~2.6 mil ion children.177~~more than 2 million children.191
NSLP Afterschool Snacks
The NSLP Afterschool Snack option was authorized in the 1998 child nutrition reauthorization The NSLP Afterschool Snack option was authorized in the 1998 child nutrition reauthorization
act (P.L. 105-336). It act (P.L. 105-336). It ~~al ows~~allows NSLP-participating schools to receive federal reimbursement for one NSLP-participating schools to receive federal reimbursement for one
snack per child daily in eligiblesnack per child daily in eligible afterschool programs during the school year.afterschool programs during the school year.~~178~~192 According to According to
USDA guidance, eligibleUSDA guidance, eligible afterschool programs must provide “organized, regularly scheduled afterschool programs must provide “organized, regularly scheduled
activities in a structured and supervised environment,” including an educational or enrichment activities in a structured and supervised environment,” including an educational or enrichment
activity.activity.~~179~~
~~Schools that choose to operate the NSLP Afterschool Snack component may do so in one of two~~
~~ways: (1) like the CACFP At-Risk Afterschool component, if at least 50% of children are eligible~~
~~for free and reduced-price meals, the schools may provide free snacks to al children, or (2) if this~~
~~criterion is not met, the schools may offer free, reduced-price, or full price snacks, based on~~
~~household income eligibility (like the school meals programs). The vast majority of snacks~~

~~173 Prior to HHFKA, 13 states were permitted to offer CACFP~~ 193 186 The CACFP At-Risk Afterschool snack/meal program is authorized in Section 17(r) of the NSLA (42 U.S.C. §1766(r)); the NSLP snack program is authorized in Section 17A of the NSLA (42 U.S.C. §1766a). 187 Prior to HHFKA, 13 states were permitted to offer CACFP At-Risk After-School meals (instead of just a snack); the At-Risk After-School meals (instead of just a snack); the
lawlaw ~~allowed all~~ allowed all CACFP state agencies to offer such meals. S.Rept. 111-178, p. 7. CACFP state agencies to offer such meals. S.Rept. 111-178, p. 7.
~~174~~ 188 Emergency shelters do not need to meet this requirement. Emergency shelters do not need to meet this requirement.
~~175~~189 Section 17(r) of the NSLA Section 17(r) of the NSLA (42 U.S.C.(42 U.S.C. §1766(r)). §1766(r)).
~~176~~190 7 C.F.R. 7 C.F.R. §226.20. §226.20.
~~177 CRS~~ 191 FY2019 and FY2020 participation data acquired through CRS communication with communication with ~~FNS on~~USDA-FNS on January 2, 2019, and March 22, 2021. March 22, 2021.
~~178~~ 192 Schools may also operate the NSLP Afterschool Snack component in the hours after summer school sessions. Schools may also operate the NSLP Afterschool Snack component in the hours after summer school sessions.
~~179~~193 USDA USDA -FNS,FNS, “ “NSLP Afterschool Snack ServiceNSLP Afterschool Snack Service – FAQs,”– FAQs,” November 2013, https://www.fns.usda.gov/school-meals/November 2013, https://www.fns.usda.gov/school-meals/
~~afterschool-snacks-faqs.~~
Congressional Research Service Congressional Research Service
40 40

School Meals and Other Child Nutrition Programs: Background ~~and Funding~~

~~provided through this program represent the first option.180 Snacks served through the NSLP~~
and Funding Schools that choose to operate the NSLP Afterschool Snack component may do so in one of two ways: (1) like the CACFP At-Risk Afterschool component, if at least 50% of children are eligible for free and reduced-price meals, the schools may provide free snacks to all children, or (2) if this criterion is not met, the schools may offer free, reduced-price, or full price snacks, based on household income eligibility (like the school meals programs). The vast majority of snacks provided through this program are under the first option.194 Snacks served through the NSLP Afterschool Snack component must comply with federal nutrition standards.Afterschool Snack component must comply with federal nutrition standards.~~181~~195
In In ~~FY2020~~recent years, the NSLP Afterschool Snack component , the NSLP Afterschool Snack component has served a daily average of served a daily average of ~~870,500 mil ion~~
roughly 1 million children.children.~~182~~196
Fresh Fruit and Vegetable Program (FFVP)
~~The Fresh Fruit and Vegetable Program (FFVP)~~FFVP provides formula grants to states to fund fresh provides formula grants to states to fund fresh
fruit and vegetable snacks in selected elementary schools.fruit and vegetable snacks in selected elementary schools.~~183~~197 Under a statutory formula, about half Under a statutory formula, about half
the funding is distributed the funding is distributed ~~equal y~~equally to each state and the remainder is to each state and the remainder is ~~al ocated~~allocated by state population. by state population.
States must prioritize funding for schools with high proportions of students who are eligible for States must prioritize funding for schools with high proportions of students who are eligible for
free or reduced-price meals. Schools must participate in NSLP in order to receive a FFVP grant. free or reduced-price meals. Schools must participate in NSLP in order to receive a FFVP grant.
States set annual per-student grant amounts (between $50 and $75). Schools may provide fresh States set annual per-student grant amounts (between $50 and $75). Schools may provide fresh
fruit and vegetable snacks to students at any time of day outside of the breakfast or lunch fruit and vegetable snacks to students at any time of day outside of the breakfast or lunch
service.service.~~184~~198 Schools offer snacks to Schools offer snacks to al all children in attendance (regardless of family income). children in attendance (regardless of family income).
As noted previously, FFVP’s funding structure differs from the other child nutrition programs. As noted previously, FFVP’s funding structure differs from the other child nutrition programs.
FFVP is funded by a mandatory transfer of funds from Section 32 of the Act of August 24, 1935. FFVP is funded by a mandatory transfer of funds from Section 32 of the Act of August 24, 1935.
The authorizing law provided $150 The authorizing law provided $150 ~~mil ion~~ million for school year 2011-2012, which is adjusted for school year 2011-2012, which is adjusted ~~annual y~~
annually for inflation.for inflation.~~185 In FY2021, FNS al ocated~~199 For FY2022, FNS allocated approximately $ approximately $~~203 mil ion in FFVP funds to states.186~~233 million (including carryover funds) for FFVP to states.200
FFVP has been amended over time both by farm FFVP has been amended over time both by farm ~~bil s~~bills and by child nutrition reauthorization and by child nutrition reauthorization ~~bil s~~bills. .
FFVP was created by the 2002 farm FFVP was created by the 2002 farm ~~bil~~ bill (P.L. 107-171) as a pilot project. The 2004 child nutrition (P.L. 107-171) as a pilot project. The 2004 child nutrition
reauthorization act (P.L. 108-265) made the program permanent and provided funding for a reauthorization act (P.L. 108-265) made the program permanent and provided funding for a
limited number of states and Indian reservations. The 2008 farm limited number of states and Indian reservations. The 2008 farm ~~bil~~ bill (P.L. 110-246) expanded (P.L. 110-246) expanded
FFVP’s mandatory funding through Section 32 and enabled FFVP’s mandatory funding through Section 32 and enabled al all states to participate in the states to participate in the
program. The 2014 farm program. The 2014 farm ~~bil~~ bill (P.L. 113-79) (P.L. 113-79) ~~essential y~~essentially made no changes to FFVP but provided $5 afterschool-snacks-faqs. 194 J. Guthrie, Feeding Children After ~~made no changes to FFVP but provided $5~~
~~mil ion for a demonstration project to test offering frozen, canned, and dried fruits and vegetables~~
~~in the program. Four states (Alaska, Delaware, Kansas, and Maine) participated in the pilot in~~
~~school year 2014-2015 and an evaluation was published in 2017.187~~

~~180 J. Guthrie,~~ ~~Feeding Children After~~ School: The Expanding Role of USDA Child Nutrition Programs, USDA , USDA
Economic Research Service,Economic Research Service, Amber Waves, March 1, 2012, https://www.ers.usda.gov/amber-waves/2012/march/Amber Waves, March 1, 2012, https://www.ers.usda.gov/amber-waves/2012/march/
feeding-children-after-school. feeding-children-after-school.
~~181~~195 7 C.F.R. 7 C.F.R. §210.10(o). §210.10(o).
~~182 USDA FNS,~~ 196 FY2019 data from USDA-FNS, “September 2020 Keydata Report,” January 27, 2021, https://www.fns.usda.gov/data/september-2020-keydata-report; FY2020 data from USDA-FNS, “March Keydata Report (November 2020 data),” March 12, 2021, https://www.fns.usda.gov/data/“March Keydata Report (November 2020 data),” March 12, 2021, https://www.fns.usda.gov/data/
march-keydata-report-november-2020-data. march-keydata-report-november-2020-data.
~~183~~ 197 Section 19 of the NSLA (42 U.S.C. Section 19 of the NSLA (42 U.S.C. §1769a). FFVP§1769a). FFVP currently operates according to statute and USDAcurrently operates according to statute and USDA guidance. guidance.
USDA-FNSUSDA-FNS ~~issued~~ issued a proposed rule in 2012 to codify statutory requirements in regulations, but a final rulea proposed rule in 2012 to codify statutory requirements in regulations, but a final rule has not been has not been
published. published.
~~184~~198 USDA USDA -FNS,FNS, Fresh Fruit and Vegetable Program: A Handbook for Schools, December 2010, https://fns-December 2010, https://fns-
prod.azureedge.net/sites/default/files/handbook.pdf. prod.azureedge.net/sites/default/files/handbook.pdf.
~~185~~199 Section 19(i) of the NSLA Section 19(i) of the NSLA (42 U.S.C.(42 U.S.C. §1769a(i)). §1769a(i)).
~~186~~200 USDA USDA -FNS,FNS, “Fresh Fruit and Vegetable“Fresh Fruit and Vegetable Program (FFVP): Allocation of FundsProgram (FFVP): Allocation of Funds ~~for FY2021,” August 18, 2020~~ for FY2022,” June 1, 2021, https://www.fns.usda.gov/cn/sp-14-2021. Congressional Research Service 41 School Meals and Other Child Nutrition Programs: Background and Funding million for a demonstration project to test offering frozen, canned, and dried ,
~~https://www.fns.usda.gov/ffvp/allocation-funds-fy-2021.~~
~~187 Briefel et al., Evaluation of the Pilot Project for Canned, Frozen, or Dried Fruits and Vegetables in the Fresh Fruit~~
~~and Vegetable Program (FFVP -CFD), prepared by Mathematica Policy Research (Alexandria, VA: USDA FNS,~~
~~January 2017), https://fns-prod.azureedge.net/sites/default/files/ops/FFVP-CFD.pdf. For more information on proposals~~
~~to include frozen, canned, and dried~~ fruits and vegetables fruits and vegetables in the program. Four states (Alaska, Delaware, Kansas, and Maine) participated in the pilot in school year 2014-2015 and an evaluation was published in 2017.201~~in FFVP, see CRS Report R45486,~~ ~~Child Nutrition~~
~~Program s: Issues in the 115th Congress~~.
~~Congressional Research Service~~
41

~~School Meals and Other Child Nutrition Programs: Background and Funding~~

Other Child Nutrition Activities
Federal child nutrition laws authorize, and child nutrition funding supports, several additional Federal child nutrition laws authorize, and child nutrition funding supports, several additional
initiativesinitiatives and activities, such as studies and evaluations, training and technical assistance, and activities, such as studies and evaluations, training and technical assistance,
technology improvements, and food safety initiatives.technology improvements, and food safety initiatives.~~188~~202 Selected initiatives and activities are Selected initiatives and activities are
discussed below. discussed below.
Farm to School Program
The farm to school program, which includes grants to organizations, technical assistance, and The farm to school program, which includes grants to organizations, technical assistance, and
research, was authorized by the HHFKA in 2010.research, was authorized by the HHFKA in 2010.~~189~~203 It expanded upon FNS’s existing farm to It expanded upon FNS’s existing farm to
school efforts, defined broadly as “efforts that bring school efforts, defined broadly as “efforts that bring ~~regional y and local y~~regionally and locally produced foods into produced foods into
school cafeterias,” with a focus on enhancing child nutrition.school cafeterias,” with a focus on enhancing child nutrition.~~190~~204 The goals of these efforts include The goals of these efforts include
increasing fruit and vegetable consumption among students, supporting local farmers and rural increasing fruit and vegetable consumption among students, supporting local farmers and rural
communities, and providing nutrition and agriculture education. The farm to school program has communities, and providing nutrition and agriculture education. The farm to school program has
mandatory funding of $5 mandatory funding of $5 ~~mil ion~~million, which has been supplemented with discretionary funds in recent , which has been supplemented with discretionary funds in recent
years.years.~~191~~205
One component of the farm to school program is farm to school grants, which are awarded by One component of the farm to school program is farm to school grants, which are awarded by
FNS on a competitive basis to schools, nonprofit entities, and agricultural producers and FNS on a competitive basis to schools, nonprofit entities, and agricultural producers and
processors for the purpose of establishing programs that improve schools’ access to processors for the purpose of establishing programs that improve schools’ access to ~~local y~~locally
produced foods. They may be used for training, supporting operations, planning, purchasing produced foods. They may be used for training, supporting operations, planning, purchasing
equipment, developing school gardens, nutrition education, developing partnerships, and other equipment, developing school gardens, nutrition education, developing partnerships, and other
activities.activities.~~192 In FY2020~~206 In FY2021, FNS awarded , FNS awarded ~~more than $12 mil ion for 159 grants,~~ $12 million for 176 grants, which were projected to serve projected to serve
more than more than ~~7,610~~6,800 schools and schools and ~~2.5 mil ion~~1.4 million students. students.~~193~~
~~Institute of Child Nutrition~~
~~The Institute of Child Nutrition provides technical assistance, instruction, and materials for~~
~~nutrition and food service professionals and other local administrators of child nutrition programs~~
~~on a variety of topics. The institute receives $5 mil ion a year in mandatory funding appropriated~~
~~in statute.194 The institute is currently located at the University of Mississippi.~~
~~Team Nutrition~~
~~The Team Nutrition initiative supports federal y and state-developed nutrition education and~~
~~promotion initiatives. This includes grants for state agencies to develop programs to improve~~

~~188 T his~~207 201 Briefel et al., Evaluation of the Pilot Project for Canned, Frozen, or Dried Fruits and Vegetables in the Fresh Fruit and Vegetable Program (FFVP-CFD), prepared by Mathematica Policy Research (Alexandria, VA: USDA-FNS, January 2017), https://fns-prod.azureedge.net/sites/default/files/ops/FFVP-CFD.pdf. For more information on proposals to include frozen, canned, and dried fruits and vegetables in FFVP, see CRS Report R45486, Child Nutrition Programs: Issues in the 115th Congress. 202 This section does not list all related child nutrition activities. For further details on these and other functions funded section does not list all related child nutrition activities. For further details on these and other functions funded
by the by the “child nutrition programschild nutrition programs~~” account, see discussion starting on p. 32-28 of the FY2020 USDA FNS~~
~~Congressional Budget Justification, https://www.obpa.usda.gov/32fns2020notes.pdf.~~
~~189~~ account, see USDA-FNS, “2023 USDA Explanatory Notes – Food and Nutrition Service,” https://www.usda.gov/sites/default/files/documents/35-2023-FNS.pdf. 203 Section 243 of P.L. 111-296, adding Section 18(g) of the NSLA Section 243 of P.L. 111-296, adding Section 18(g) of the NSLA (42 U.S.C.(42 U.S.C. §1769(g)). §1769(g)).
~~190~~204 USDA USDA -FNS,FNS, The Farm to School Program —2012-2015: Four Years in Review, p. 3. , p. 3.
~~191~~205 Mandatory funding for the farm to school program is provided under Mandatory funding for the farm to school program is provided under Section 18(g)(8)(A) of the NSLA (42 U.S.C. Section 18(g)(8)(A) of the NSLA (42 U.S.C.
§1769(g)(8)(A)).§1769(g)(8)(A)).
~~192~~ The program also received $12 million in annual appropriations in FY2022. 206 For more information, see USDA For more information, see USDA -FNS’sFNS’s Office of Community Food SystemsOffice of Community Food Systems website:website: http://www.fns.usda.gov/http://www.fns.usda.gov/
farmtoschool/farm-school; and CRSfarmtoschool/farm-school; and CRS Report R46538, Report R46538, Local and Urban Food ~~System s~~Systems: Selected Farm Bill and Other
Federal ~~Program s~~.
~~193 Ibid.~~
~~194 Section 21(e)(1)(A) of the NSLA (42 U.S.C. §1769b-1(e)(1)(A)).~~
Programs. 207 USDA-FNS, “USDA Awards $12 Million in Record-Breaking Farm to School Grants, Releases New Data Showing Expansion of Farm to School Efforts,” July 15, 2021, https://www.fns.usda.gov/news-item/usda-0158.21. Congressional Research Service Congressional Research Service
42 42

School Meals and Other Child Nutrition Programs: Background and Funding Institute of Child Nutrition The Institute of Child Nutrition provides technical assistance, instruction, and materials for nutrition and food service professionals and other local administrators of child nutrition programs on a variety of topics. The institute receives $5 million a year in mandatory funding appropriated in statute.208 The institute is currently located at the University of Mississippi. Team Nutrition The Team Nutrition initiative supports federally and state-developed nutrition education and promotion initiatives. This includes grants for state agencies to develop programs to improve ~~and Funding~~

school meal quality, such as by training school nutrition professionals. From 2004 to 2018, Team school meal quality, such as by training school nutrition professionals. From 2004 to 2018, Team
Nutrition also included the HealthierUSNutrition also included the HealthierUS Schools Schools ~~Chal enge~~Challenge, which was a voluntary certification , which was a voluntary certification
initiativeinitiative designed to recognize schools that create a healthy school environment through the designed to recognize schools that create a healthy school environment through the
promotion of nutrition and physical activity.promotion of nutrition and physical activity.~~195~~
~~Further Information~~
~~CRS reports:~~
 CRS In Focus IF10266, Child Nutrition Reauthorization (CNR): An Overview
209 Food Safety Foods served in any child nutrition program must comply with state or local health, safety, and sanitation standards for food storage, preparation, and service. Schools participating in the school meals programs must obtain food safety inspections by a state or local government agency at least twice a year.210 There are also food safety inspections for USDA Foods.211 FNS also receives annual funding to carry out food safety training for state and local program operators.212 FNS Activities Approximately $100 million was provided in FY2022 for FNS activities including technology, research, training and technical assistance, and payment oversight.213 This funding supports, for example, computer systems such as the USDA Foods ordering and purchasing application, FNS technical assistance, and guidance to states in implementing corrective actions to payment errors.214 Further Information CRS reports:  CRS In Focus IF10266, Child Nutrition Reauthorization (CNR): An Overview  CRS Report R46888, Amending Eligibility Rules for Free and Reduced-Price School Meals: Background and Policy Options 208 Section 21(e)(1)(A) of the NSLA (42 U.S.C. §1769b-1(e)(1)(A)). 209 See the USDA-FNS website, http://www.fns.usda.gov/hussc/healthierus-school-challenge-smarter-lunchrooms. 210 Section 9(h) of the NSLA (42 U.S.C. §1758(h)). 211 Section 29 of the NSLA (42 U.S.C. §1769j). 212 USDA Office of Budget and Program Analysis (OBPA), “2023 USDA Explanatory Notes – Food and Nutrition Service,” p. 35-43, https://www.usda.gov/sites/default/files/documents/35-2023-FNS.pdf. 213 Ibid. 214 For more information on these and other USDA-FNS activities, see USDA-FNS, “2023 USDA Explanatory Notes – Food and Nutrition Service,” https://www.usda.gov/sites/default/files/documents/35-2023-FNS.pdf. Congressional Research Service 43 School Meals and Other Child Nutrition Programs: Background and Funding  CRS Report R45486,  CRS Report R45486, Child Nutrition Programs: Issues in the 115th Congress
 CRS Report R42353,  CRS Report R42353, Domestic Food Assistance: Summary of Programs
 CRS Report R41354,  CRS Report R41354, Child Nutrition and WIC Reauthorization: P.L. 111-296
(summarizes the Healthy, Hunger-Free Kids Act of 2010) (summarizes the Healthy, Hunger-Free Kids Act of 2010)
 CRS Report R44373,  CRS Report R44373, Tracking Child Nutrition Reauthorization in the 114th
Congress: An Overview
 CRS In Focus IF11633,  CRS In Focus IF11633, Summer Meals for Children: An Overview of Federal Aid
 CRS Report R46371,  CRS Report R46371, Serving Free School Meals through the Community
Eligibility Provision (CEP): Background and Participation
 CRS Report R46681,  CRS Report R46681, USDA Nutrition Assistance Programs: Response to the
COVID-19 Pandemic
 CRS Report  CRS Report R46488, USDA Domestic Food Assistance Programs: FY2020
~~Appropriations~~
~~ CRS Report~~ RL34081, RL34081, Farm and Food Support Under USDA’s Section 32
Program
 CRS Report RL33299,  CRS Report RL33299, Child Nutrition and WIC Legislation in the 108th and
109th Congresses (summarizes the Child Nutrition and WIC Reauthorization Act (summarizes the Child Nutrition and WIC Reauthorization Act
of 2004) of 2004)
Other resources: Other resources:
 USDA  USDA -FNS websiteFNS website,: https://www.fns.usda.gov https://www.fns.usda.gov/
~~ USDA FNS Healthy, Hunger-Free Kids Act page, http://www.fns.usda.gov/~~
~~school-meals/healthy-hunger-free-kids-act~~
~~ The~~  The USDA-FNS page of the FNS page of the Federal Register,: https://www.federalregister.gov/ https://www.federalregister.gov/~~agencies/~~
agencies/food-and-nutrition-service food-and-nutrition-service
 USDA  USDA -FNS Congressional Budget JustificationsFNS Congressional Budget Justifications,: https://www. https://www.~~obpa.~~usda.gov/usda.gov/
obpa/ congressional-justifications ~~explan_notes.html~~

~~195 See the USDA FNS website, http://www.fns.usda.gov/hussc/healthierus-school-challenge-smarter-lunchrooms.~~
Congressional Research Service Congressional Research Service
4344

School Meals and Other Child Nutrition Programs: Background and Funding

Appendix. A Brief History of Federal Child
Nutrition Programs
Other Historical Resources
The Emergence of School
The National Food Service Management Institute (now The National Food Service Management Institute (now
Lunches and the National
the Institute of Child Nutrition), with funding from the Institute of Child Nutrition), with funding from
USDA,USDA, produced a 15-minute video documenting the produced a 15-minute video documenting the
School Lunch Program
history of the child nutrition programs history of the child nutrition programs through 2007. through 2007.
“A Journey Through the History of Child Nutrition “A Journey Through the History of Child Nutrition
When the first federal aid for school lunches When the first federal aid for school lunches
Programs” is available on the Institute of Child Programs” is available on the Institute of Child
was provided in the 1930s, local school lunch was provided in the 1930s, local school lunch
Nutrition’s YouTube page (https://youtu.be/ Nutrition’s YouTube page (https://youtu.be/
9E29Qg5G0g4).9E29Qg5G0g4).
programs were already operational in many programs were already operational in many
cities and localities across the United States.cities and localities across the United States.~~196~~215
Many of these early lunch programs were started by charitable women’s organizations at the turn Many of these early lunch programs were started by charitable women’s organizations at the turn
of the century in an effort to feed hungry children. Over time, they transitioned to school boards of the century in an effort to feed hungry children. Over time, they transitioned to school boards
and school districts. These programs received a combination of private, local, and state and school districts. These programs received a combination of private, local, and state
funding.funding.~~197~~216
The federal government became involved in school lunch programs during the Great Depression The federal government became involved in school lunch programs during the Great Depression
both as a way to feed hungry children and support the farm economy. both as a way to feed hungry children and support the farm economy. ~~Initial y~~Initially, federal aid was , federal aid was
provided in the form of cafeteria equipment and labor. In 1932, the Reconstruction Finance provided in the form of cafeteria equipment and labor. In 1932, the Reconstruction Finance
Corporation began providing loans to states and school districts to cover the cost of cafeteria Corporation began providing loans to states and school districts to cover the cost of cafeteria
space and equipment for school lunch programs.space and equipment for school lunch programs.~~198~~217 In 1935, the Works Progress Administration, a In 1935, the Works Progress Administration, a
New Deal agency, began sponsoring women’s employment in school lunchrooms. Federal food New Deal agency, began sponsoring women’s employment in school lunchrooms. Federal food
support for school lunches began that same year, when Section 32 of the Act of August 24, 1935 support for school lunches began that same year, when Section 32 of the Act of August 24, 1935
(P.L. 74-320) was enacted. The act provided 30% of customs receipts to USDA to purchase (P.L. 74-320) was enacted. The act provided 30% of customs receipts to USDA to purchase
surplus commodities from farmers impacted by the depression. These commodities were donated surplus commodities from farmers impacted by the depression. These commodities were donated
through various outlets for domestic consumption, including school lunch programs. through various outlets for domestic consumption, including school lunch programs.
With commodity aid came the first federal regulations for school lunch programs. USDA required With commodity aid came the first federal regulations for school lunch programs. USDA required
recipient organizations, through their agreements with state agencies, to operate school lunch recipient organizations, through their agreements with state agencies, to operate school lunch
programs on a nonprofit basis, maintain any existing local funding for school lunches, keep programs on a nonprofit basis, maintain any existing local funding for school lunches, keep
records of foods received, serve meals free to poor children, and ensure that such children would records of foods received, serve meals free to poor children, and ensure that such children would
not be identifiednot be identified to their peers, among other requirements.to their peers, among other requirements.~~199~~218
The availability The availability of federal aid contributed to a rapid increase in the number of school lunch of federal aid contributed to a rapid increase in the number of school lunch
programs. However, in 1943, federal commodity aid declined as Section 32 surplus commodities programs. However, in 1943, federal commodity aid declined as Section 32 surplus commodities
were diverted to feed U.S. armed forces in World War II. In addition, federal support for were diverted to feed U.S. armed forces in World War II. In addition, federal support for

~~196 T he~~ 215 The first cities to institute school lunch programs included first cities to institute school lunch programs included Boston, Chicago, Cleveland, Cincinnati, Los Angeles, Boston, Chicago, Cleveland, Cincinnati, Los Angeles,
Milwaukee,Milwaukee, ~~New~~ New York, Philadelphia, and St. Louis. G.W. Gunderson,York, Philadelphia, and St. Louis. G.W. Gunderson, The National School Lunch Program :
Background and ~~Developm ent~~Development, USDA, USDA -FNS,FNS, 1971, https://www.fns.usda.gov/nslp/history (hereinafter, Gunderson 1971, https://www.fns.usda.gov/nslp/history (hereinafter, Gunderson
1971); A.R. Ruis,1971); A.R. Ruis, Eating to Learn, Learning to Eat: The Origins of School Lunch in the United States (New (New
Brunswick:Brunswick: Rutgers University Press, 2017), pp. 22Rutgers University Press, 2017), pp. 22 -27; Susan Levine, -27; Susan Levine, School Lunch Politics: The Surprising History
of ~~Am erica~~America’s Favorite Welfare ~~Program~~ Program (Princeton, NJ: Princeton University Press, 2008), p. 22 (hereinafter, Levine (Princeton, NJ: Princeton University Press, 2008), p. 22 (hereinafter, Levine
2008). 2008).
~~197~~ 216 Ibid. Ibid.
~~198~~217 Levine 2008, p. 44. Levine 2008, p. 44.
~~199~~218 Gunderson Gunderson 1971; 1971; ~~T he~~The Bureau of Agricultural Bureau of Agricultural Economics, USDA,Economics, USDA, ~~“T he~~ “The School Lunch Program and Agricultural School Lunch Program and Agricultural
SurplusSurplus Disposal,” MiscellaneousDisposal,” Miscellaneous Publications No. 467, October 1941. Publications No. 467, October 1941.
Congressional Research Service Congressional Research Service
4445

School Meals and Other Child Nutrition Programs: Background and Funding

lunchroom labor disappeared with the elimination lunchroom labor disappeared with the elimination of the Works Progress Administration.of the Works Progress Administration.~~200~~219 In the In the
midst of declining aid, Congress provided the first cash assistance—$50 midst of declining aid, Congress provided the first cash assistance—$50 ~~mil ion~~million in Section 32 in Section 32
funds—for “a school milk and lunch program” in the 1944 Department of Agriculture funds—for “a school milk and lunch program” in the 1944 Department of Agriculture
Appropriation Act (P.L. 78-129). The introduction of cash assistance marked a shift in the lunch Appropriation Act (P.L. 78-129). The introduction of cash assistance marked a shift in the lunch
program.program.~~201~~220 For the first time, schools could purchase their own foods in addition to receiving For the first time, schools could purchase their own foods in addition to receiving
~~federal y~~federally purchased commodities. purchased commodities.
Annual appropriations acts continued cash support for school lunches until 1946, when the Annual appropriations acts continued cash support for school lunches until 1946, when the
National School Lunch Act (P.L. 79-396) was enacted. Signed into law on June 4, 1946, by National School Lunch Act (P.L. 79-396) was enacted. Signed into law on June 4, 1946, by
President Truman, the National School Lunch Act permanently authorized appropriations of President Truman, the National School Lunch Act permanently authorized appropriations of
“such sums as may be necessary” for the National School Lunch Program. (The act would later “such sums as may be necessary” for the National School Lunch Program. (The act would later
be renamed the “Richard B. be renamed the “Richard B. ~~Russel~~ Russell National School Lunch Act,” recognizing Senator National School Lunch Act,” recognizing Senator ~~Russel~~ Russell’s ’s
role in the passage of the legislation and his earlier support for the school lunch program within role in the passage of the legislation and his earlier support for the school lunch program within
New Deal programs and during his tenure as the Chairman of the Agriculture Appropriations New Deal programs and during his tenure as the Chairman of the Agriculture Appropriations
subcommittee.subcommittee.~~202~~221) The law required participating schools to serve lunches for free or at a reduced ) The law required participating schools to serve lunches for free or at a reduced
price to students who were deemed by local school authorities as unable to pay the full cost of a price to students who were deemed by local school authorities as unable to pay the full cost of a
lunch. Funds were to be distributed to states based on the number of school-aged children in the lunch. Funds were to be distributed to states based on the number of school-aged children in the
state and the state’s need, as measured by per-capita income, and states were to match federal state and the state’s need, as measured by per-capita income, and states were to match federal
funds dollar-for-dollar. States were to distribute funding on a monthly basis to schools based on funds dollar-for-dollar. States were to distribute funding on a monthly basis to schools based on
the number of meals served that met “minimum nutritional requirements prescribed by the the number of meals served that met “minimum nutritional requirements prescribed by the
Secretary on the basis of tested, nutritional research” (P.L. 79-396).Secretary on the basis of tested, nutritional research” (P.L. 79-396).~~203~~222 Cash assistance could not Cash assistance could not
be used for cafeteria equipment, and separate funds were authorized for this purpose ($10 be used for cafeteria equipment, and separate funds were authorized for this purpose ($10 ~~mil ion~~
~~annual y~~million annually); however, Congress subsequently prohibited appropriations for equipment assistance ); however, Congress subsequently prohibited appropriations for equipment assistance
from FY1948 to FY1967.from FY1948 to FY1967.~~204~~223
NSLP remained relatively unchanged from 1946 to 1960. However, during this timeframe, NSLP remained relatively unchanged from 1946 to 1960. However, during this timeframe,
concerns emerged over the funding formula. One concern was that the formula prioritized concerns emerged over the funding formula. One concern was that the formula prioritized
funding for schools with large numbers of school-aged children rather than actual participants in funding for schools with large numbers of school-aged children rather than actual participants in
the program. There was also concern that schools with high proportions of needy children the program. There was also concern that schools with high proportions of needy children
received the same amount of aid as those with wealthier families, even though they had to serve a received the same amount of aid as those with wealthier families, even though they had to serve a
larger number of meals for free or at a reduced-price.larger number of meals for free or at a reduced-price.~~205~~224 In 1962, P.L. 87-823 changed the funding In 1962, P.L. 87-823 changed the funding
formula to be based on the number of school lunches served in the state in the preceding school formula to be based on the number of school lunches served in the state in the preceding school
year instead of the number of school-aged children. The law also authorized additional “special year instead of the number of school-aged children. The law also authorized additional “special
assistance” for state-selected schools in poor economic areas (however, special assistance was not assistance” for state-selected schools in poor economic areas (however, special assistance was not
funded until 1966).funded until 1966).~~206~~

~~200 Gunderson 1971.~~
~~201~~225 219 Gunderson 1971. 220 However, commodity assistance continued However, commodity assistance continued ~~t o~~to make up a large make up a large share of federal support for school lunches, and share of federal support for school lunches, and
exceededexceeded cash assistance until 1970. J.Y. Jones, “Appendix A: Child Nutrition Programs: A Narrative Legislative cash assistance until 1970. J.Y. Jones, “Appendix A: Child Nutrition Programs: A Narrative Legislative
History and Program Analysis” in U.S.History and Program Analysis” in U.S. Congress, HouseCongress, House Committee on Education and Labor, Committee on Education and Labor, Child Nutrition
~~Program s~~Programs: Issues for the 103d Congress, 103rd Cong., 2nd sess., Serial103rd Cong., 2nd sess., Serial No. 103-H (Washington, DC: GPO, 1994) No. 103-H (Washington, DC: GPO, 1994)
(hereinafter, Jones 1994). (hereinafter, Jones 1994).
~~202~~221 J.T J.T . Gay, “Richard B. Russell. Gay, “Richard B. Russell and the National School Lunch Program,” and the National School Lunch Program,” The Georgia Historical Quarterly, 80(4), , 80(4),
1996, pp. 860-863. 1996, pp. 860-863.
~~203~~ 222 Jones 1994, p. 41. USDA provided the highest reimbursement (up to 9 cents) for a “complete” Jones 1994, p. 41. USDA provided the highest reimbursement (up to 9 cents) for a “complete” ~~T ype~~Type A meal that A meal that
waswas ~~designed~~ designed to provide one-third to one-half of a child’s daily nutritional intake; up to 6 cents wasto provide one-third to one-half of a child’s daily nutritional intake; up to 6 cents was provided for an provided for an
“incomplete” “incomplete” ~~T ype~~Type B meal; and up to 2 cents for a B meal; and up to 2 cents for a ~~T ype~~Type C meal, which C meal, which ~~was~~ was simply a half-pint of milk. simply a half-pint of milk. ~~T o~~To see the see the
original nutritional requirements for each type of meal, see Gundersonoriginal nutritional requirements for each type of meal, see Gunderson 1971.1971.
~~204~~ 223 Jones 1994, pp. 59-61. Jones 1994, pp. 59-61.
~~205~~224 Jones 1994, pp. 41, 63-64; Levine 2008, p. 128. Jones 1994, pp. 41, 63-64; Levine 2008, p. 128.
~~206~~225 CRS CRS DL741517, “Brief History of Child Nutrition Legislation,” by Kathryn Michelman and Joe RichardsonDL741517, “Brief History of Child Nutrition Legislation,” by Kathryn Michelman and Joe Richardson , 1974. , 1974.
Congressional Research Service Congressional Research Service
4546

School Meals and Other Child Nutrition Programs: Background and Funding

Other notable changes to NSLP occurred in the 1970s. In 1970, P.L. 91-248 extended special Other notable changes to NSLP occurred in the 1970s. In 1970, P.L. 91-248 extended special
assistance to assistance to al all schools participating in NSLP.schools participating in NSLP.~~207~~226 The law also reduced the state matching The law also reduced the state matching
requirement and established the first national eligibilityrequirement and established the first national eligibility guidelines for free and reduced-price guidelines for free and reduced-price
meals at 100% of the federal poverty level (later in the decade increased to 125% for free lunches meals at 100% of the federal poverty level (later in the decade increased to 125% for free lunches
and 195% for reduced-price lunches). In 1971, another significant change occurred with the and 195% for reduced-price lunches). In 1971, another significant change occurred with the
enactment of P.L. 92-153, which guaranteed states a certain level of federal cash assistance by enactment of P.L. 92-153, which guaranteed states a certain level of federal cash assistance by
specifying average per-meal reimbursement rates for free, reduced-price, and paid lunches.specifying average per-meal reimbursement rates for free, reduced-price, and paid lunches.~~208~~227
The Addition of Other Child Nutrition Programs
In the 1960s, federal child nutrition efforts expanded beyond school lunches.In the 1960s, federal child nutrition efforts expanded beyond school lunches.~~209~~228 On October 11, On October 11,
1966, the Child Nutrition Act of 1966 (P.L. 89-642) was enacted.1966, the Child Nutrition Act of 1966 (P.L. 89-642) was enacted.~~210 It formal y~~229 It formally authorized the authorized the
Special Milk Program (SMP) and authorized the School Breakfast Program (SBP) as a pilot Special Milk Program (SMP) and authorized the School Breakfast Program (SBP) as a pilot
program. The SMP was based on predecessor USDA school milk programs that had operated program. The SMP was based on predecessor USDA school milk programs that had operated
since the 1940s.since the 1940s.~~211~~230 SBP was a newer concept that USDA had piloted in the 1965-1966 school SBP was a newer concept that USDA had piloted in the 1965-1966 school
year.year.~~212~~231 In a House Agriculture Committee hearing on the Child Nutrition Act, then-Secretary of In a House Agriculture Committee hearing on the Child Nutrition Act, then-Secretary of
Agriculture Agriculture ~~Orvil e~~Orville L. Freeman testified that L. Freeman testified that
These proposals will permit us to begin a comprehensive effort to broaden child nutrition These proposals will permit us to begin a comprehensive effort to broaden child nutrition
programsprograms in this country.in this country. ~~They are based on~~ They are based on what we havewhat we have ~~learned~~ learned in 20 yearsin 20 years of of
administration of the National School Lunch Act, and they reflect a careful assessment of administration of the National School Lunch Act, and they reflect a careful assessment of
gaps which now exist in the nutritional needs of children in this country.gaps which now exist in the nutritional needs of children in this country.~~213~~232
The SMP provided reimbursements for milk in schools, nonprofit child care centers, summer The SMP provided reimbursements for milk in schools, nonprofit child care centers, summer
camps, and other nonprofit institutions. At the time, schools and institutions could participate in camps, and other nonprofit institutions. At the time, schools and institutions could participate in
both SMP and NSLP. Meanwhile, SBP was authorized for two fiscal years and required states to both SMP and NSLP. Meanwhile, SBP was authorized for two fiscal years and required states to
prioritize funds for “schools drawing attendance from areas in which poor economic conditions prioritize funds for “schools drawing attendance from areas in which poor economic conditions
exist and to those schools to which a substantial proportion of the children enrolled must travel exist and to those schools to which a substantial proportion of the children enrolled must travel
long distances daily” (P.L. 89-642).long distances daily” (P.L. 89-642).~~214~~233 (Congress later expanded priority to include “schools in (Congress later expanded priority to include “schools in

According to GundersonAccording to Gunderson 1971, “1971, “ ~~T he~~The selection of the schools for receiving the special reimbursement from Section 11 selection of the schools for receiving the special reimbursement from Section 11
fundsfunds ~~was~~ was to be basedto be based upon five factors: upon five factors: ~~T he~~The economic condition of the area from which the schools draw economic condition of the area from which the schools draw attendance; attendance;
~~T he~~The need for free or reduced-price lunches; need for free or reduced-price lunches; ~~T he~~ The percent of free or reduced-price lunches being percent of free or reduced-price lunches being served in such schools; served in such schools;
~~T he~~The price of the lunch in such schools as compared with the average price of lunches served in the State; [and] price of the lunch in such schools as compared with the average price of lunches served in the State; [and] ~~T he~~The
need for additional assistance as evidenced by the financial position of the lunch program in such schools.”need for additional assistance as evidenced by the financial position of the lunch program in such schools.”
~~207 CRS~~ 226 CRS Memorandum 831481, Chronology of Major Federal Food Assistance Legislation (Food Stamps, Child Memorandum 831481, Chronology of Major Federal Food Assistance Legislation (Food Stamps, Child
Nutrition Programs and Elderly Nutrition) 1932Nutrition Programs and Elderly Nutrition) 1932 -1983, by Jean Yavis Jones, November 1983-1983, by Jean Yavis Jones, November 1983 . .
~~208~~227 CRS CRS Memorandum 83.1481 (1983); Jones 1994, p. 43. Memorandum 83.1481 (1983); Jones 1994, p. 43.
~~209~~228 Levine 2008, p. 127; Jones 1994, p. 64. Levine 2008, p. 127; Jones 1994, p. 64.
~~210~~229 Section 2 provided the purpose of the act: “ Section 2 provided the purpose of the act: “ In recognition of the demonstrated relationship between food and good In recognition of the demonstrated relationship between food and good
nutrition and the capacity of children to develop and learn, basednutrition and the capacity of children to develop and learn, based on the years of cumulative successfulon the years of cumulative successful experience experience
under the National School Lunch Program with its significant contributions in the field of applied nutrition research, it under the National School Lunch Program with its significant contributions in the field of applied nutrition research, it
is hereby declaredis hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under
the authority of the Secretary of Agriculture as a measure to safeguardthe authority of the Secretary of Agriculture as a measure to safeguard the health and well-beingthe health and well-being of the Nation’s of the Nation’s
children, andchildren, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through to encourage the domestic consumption of agricultural and other foods, by assisting States, through
grants-in-aid and other means, to meet more effectively the nutritional needs of our children.” grants-in-aid and other means, to meet more effectively the nutritional needs of our children.”
~~211~~ 230 Gunderson Gunderson 1971. 1971.
~~212~~231 U.S. U.S. Congress, HouseCongress, House Committee on Agriculture, Committee on Agriculture, Hearing on H.R. 13361 and Bills to Amend and Make Permanent
the Special Milk Program for Children, committee print, 89th Cong., 2nd Sess., June, committee print, 89th Cong., 2nd Sess., June 23 and June 24, 1966, H. Prt. 66-23 and June 24, 1966, H. Prt. 66-
126 (Washington, DC: GPO, 1966), p. 16. 126 (Washington, DC: GPO, 1966), p. 16.
~~213~~232 Ibid, Ibid, p. 12. p. 12.
~~214~~233 USDA USDA -FNS,FNS, “School Breakfast Program: Program History,” July 2013, https://www.fns.usda.gov/sbp/program-“School Breakfast Program: Program History,” July 2013, https://www.fns.usda.gov/sbp/program-
Congressional Research Service Congressional Research Service
4647

School Meals and Other Child Nutrition Programs: Background and Funding

which there is a special need for improving the nutrition and dietary practices of children of which there is a special need for improving the nutrition and dietary practices of children of
working mothers and children from low-income families” (P.L. 92-32).) The Child Nutrition Act working mothers and children from low-income families” (P.L. 92-32).) The Child Nutrition Act
of 1966 also gave the Secretary the authority to provide higher reimbursements to schools with of 1966 also gave the Secretary the authority to provide higher reimbursements to schools with
“severe need.” Like NSLP, the law specified that breakfasts “meet minimum nutritional “severe need.” Like NSLP, the law specified that breakfasts “meet minimum nutritional
requirements prescribed by the Secretary on the basis of tested nutritional research,” and be requirements prescribed by the Secretary on the basis of tested nutritional research,” and be
served for free or at a reduced price to children unable to pay the full price of a meal, as served for free or at a reduced price to children unable to pay the full price of a meal, as
determined by local school authorities (P.L. 89-642). determined by local school authorities (P.L. 89-642).
In 1968, child nutrition efforts were further expanded with the authorization of the Special Food In 1968, child nutrition efforts were further expanded with the authorization of the Special Food
Service Program for Children (SFSPC), a pilot program to fund meals in summer and child care Service Program for Children (SFSPC), a pilot program to fund meals in summer and child care
settings (P.L. 90-302). SFSPC provided the first federal assistance for summer meals for children settings (P.L. 90-302). SFSPC provided the first federal assistance for summer meals for children
and the first dedicated assistance for meals served in child care settings.and the first dedicated assistance for meals served in child care settings.~~215~~234 Similar to SBP, SFSPC Similar to SBP, SFSPC
was targeted to areas with poor economic conditions and a high number of working mothers. was targeted to areas with poor economic conditions and a high number of working mothers.
In 1975, the program was split into the separate Child Care Food Program (CCFP) and the In 1975, the program was split into the separate Child Care Food Program (CCFP) and the
Summer Food Service Program (SFSP) (P.L. 94-105). CCFP was open to public and nonprofit Summer Food Service Program (SFSP) (P.L. 94-105). CCFP was open to public and nonprofit
institutions that met child care licensing or other official child care standards, while SFSP institutions that met child care licensing or other official child care standards, while SFSP
retained a focus on institutions in low-income areas.retained a focus on institutions in low-income areas.~~216~~235 Meals were provided for free to Meals were provided for free to al
all children at SFSP sites, whereas CCFP conducted free and reduced-price eligibilitychildren at SFSP sites, whereas CCFP conducted free and reduced-price eligibility determinations determinations
like NSLP. like NSLP.
1980 to 2010
The long-standing growth of child nutrition programs was contrasted with budget cuts in the early The long-standing growth of child nutrition programs was contrasted with budget cuts in the early
1980s, which were part of larger efforts to reduce federal domestic spending.1980s, which were part of larger efforts to reduce federal domestic spending.~~217~~236 The Omnibus The Omnibus
Reconciliation Act of 1980 (P.L. 96-499) reduced FY1981 funding for child nutrition programs Reconciliation Act of 1980 (P.L. 96-499) reduced FY1981 funding for child nutrition programs
by approximately $400 by approximately $400 ~~mil ion~~ million (9%) of the child nutrition budget.(9%) of the child nutrition budget.~~218~~237 The law achieved savings by The law achieved savings by
lowering reimbursement rates in the programs and eliminating commodity assistance for lowering reimbursement rates in the programs and eliminating commodity assistance for
breakfast, among other changes.breakfast, among other changes.~~219~~238 Larger spending cuts followed with the Omnibus Larger spending cuts followed with the Omnibus
Reconciliation Act of 1981, which made changes that Reconciliation Act of 1981, which made changes that ~~col ectively~~collectively cut $1.4 cut $1.4 ~~bil ion~~billion (25%) of the (25%) of the
child nutrition budget (Title VIII of P.L. 97-35).child nutrition budget (Title VIII of P.L. 97-35).~~220~~239 Many of the policy changes made by the law Many of the policy changes made by the law
remain in place today. For example, the law restricted eligibilityremain in place today. For example, the law restricted eligibility from 195% of poverty to 185% from 195% of poverty to 185%
of poverty for reduced-price meals and set eligibilityof poverty for reduced-price meals and set eligibility at 130% for free meals in the NSLP, SBP, at 130% for free meals in the NSLP, SBP,
and CCFP. It also raised and CCFP. It also raised ~~al owable~~allowable charges for reduced-price lunches from 20 cents to 40 cents charges for reduced-price lunches from 20 cents to 40 cents
and for reduced-price breakfasts from 10 cents to 30 cents.and for reduced-price breakfasts from 10 cents to 30 cents.~~221~~240 In a major change to SMP, the law In a major change to SMP, the law
excluded schools/institutions that participated in another child nutrition meals program from excluded schools/institutions that participated in another child nutrition meals program from
participating in SMP—cutting SMP’s budget by 77%.participating in SMP—cutting SMP’s budget by 77%.~~222~~241 In CCFP, the law restricted participation In CCFP, the law restricted participation

~~history.~~
~~215~~ history. 234 Early appropriations for school lunches in 1944 and 1945 had allowed Early appropriations for school lunches in 1944 and 1945 had allowed states to spend a small percentagestates to spend a small percentage of fundsof funds on on
food servedfood served in child care centers. in child care centers. ~~T he~~The National School Lunch Act of 1946 made permanent support for meals served in National School Lunch Act of 1946 made permanent support for meals served in
residential child care residential child care ~~institut ions~~institutions only. only.
~~216~~235 Low-income areas were Low-income areas were defined as areas in which at least one-third of children qualifieddefined as areas in which at least one-third of children qualified for free or reduced-price for free or reduced-price
meals. meals.
~~217~~ 236 Jones 1994, p. 44. Jones 1994, p. 44.
~~218~~237 CRS CRS Memorandum 83.1481 (1983); Jones 1994, p. 44. Memorandum 83.1481 (1983); Jones 1994, p. 44.
~~219~~238 CRS CRS Memorandum 83.1481 (1983); Jones 1994, p. 86. Memorandum 83.1481 (1983); Jones 1994, p. 86.
~~220~~239 Jones 1994, p. 44. Jones 1994, p. 44.
~~221~~240 CRS CRS Memorandum 83.1481 (1983). Memorandum 83.1481 (1983).
~~222~~241 Jones 1994, pp. 44-45. Jones 1994, pp. 44-45.
Congressional Research Service Congressional Research Service
4748

School Meals and Other Child Nutrition Programs: Background and Funding

from children ages 18 and under to children ages 12 and under, and reduced the maximum from children ages 18 and under to children ages 12 and under, and reduced the maximum
number of reimbursable meals from three meals and two snacks per child daily to two meals and number of reimbursable meals from three meals and two snacks per child daily to two meals and
one snack per child daily. The law also eliminated equipment assistance for school meals. one snack per child daily. The law also eliminated equipment assistance for school meals.
Child nutrition programs were subsequently excluded from budget deficit reduction measures in Child nutrition programs were subsequently excluded from budget deficit reduction measures in
the late 1980s and 1990s, and new policies led to the expansion of the programs during this the late 1980s and 1990s, and new policies led to the expansion of the programs during this
timeframe.timeframe.~~223~~242 For example, amendments to the programs in these years authorized start-up grants For example, amendments to the programs in these years authorized start-up grants
for school breakfast programs, expanded CCFP to adult day care centers (and renamed the Child for school breakfast programs, expanded CCFP to adult day care centers (and renamed the Child
and Adult Care Food Program, or CACFP), and provided new funding for afterschool snacks and Adult Care Food Program, or CACFP), and provided new funding for afterschool snacks
through NSLP and CACFP.through NSLP and CACFP.~~224~~243 But what had But what had ~~potential y~~potentially the longest-term impact on expansion was the longest-term impact on expansion was
a policy change intended to reduce paperwork in the school meals programs: automatic a policy change intended to reduce paperwork in the school meals programs: automatic
(categorical) eligibility(categorical) eligibility for free meals for children in food stamp (now SNAP) and Aid to Families for free meals for children in food stamp (now SNAP) and Aid to Families
with Dependent Children (now TANF) households, which was enacted in 1986—and direct with Dependent Children (now TANF) households, which was enacted in 1986—and direct
certification of such children for free meals without household applications, which was enacted in certification of such children for free meals without household applications, which was enacted in
1989.1989.~~225~~244
Other policies in the late 1980s and 1990s focused on improving program integrity. The 1989 Other policies in the late 1980s and 1990s focused on improving program integrity. The 1989
child nutrition reauthorization (P.L. 101-147) required USDA to create a standardized process child nutrition reauthorization (P.L. 101-147) required USDA to create a standardized process
through which states would review school food authorities’ administration of NSLP and SBP through which states would review school food authorities’ administration of NSLP and SBP
(known as administrative reviews).(known as administrative reviews).~~226~~245 In CACFP, following USDA Office of the Inspector In CACFP, following USDA Office of the Inspector
General (OIG) audits in the 1990s that found instances of abuse and mismanagement, the General (OIG) audits in the 1990s that found instances of abuse and mismanagement, the
Agricultural Risk Protection Act of 2000 (P.L. 106-224) made a number of changes aimed at Agricultural Risk Protection Act of 2000 (P.L. 106-224) made a number of changes aimed at
improving program integrity in CACFP.improving program integrity in CACFP.~~227~~246 The act required CACFP sponsors to conduct more The act required CACFP sponsors to conduct more
frequent and unannounced site visits of sponsored centers and homes, restricted nonprofit frequent and unannounced site visits of sponsored centers and homes, restricted nonprofit
institutions’ eligibilityinstitutions’ eligibility to those with tax-exempt status, and excluded institutions deemed to those with tax-exempt status, and excluded institutions deemed
ineligibleineligible to participate in any other public program based on violations of program requirements. to participate in any other public program based on violations of program requirements.
Other legislation was aimed at improving program integrity in the school meals programs. Other legislation was aimed at improving program integrity in the school meals programs.
Program integrity continued to be a focus in the 2004 child nutrition reauthorization (P.L. 108- Program integrity continued to be a focus in the 2004 child nutrition reauthorization (P.L. 108-
265), which made changes to school food authorities’ verification of household applications for 265), which made changes to school food authorities’ verification of household applications for
free and reduced-price meals. free and reduced-price meals. ~~Specifical y~~Specifically, the law set a sample size of applications that schools , the law set a sample size of applications that schools
must review, established a focus on “error-prone” applications (applications near the income must review, established a focus on “error-prone” applications (applications near the income
eligibilityeligibility thresholds), and authorized direct (automatic) household application verification thresholds), and authorized direct (automatic) household application verification
processes.processes.~~228~~247 In addition, the law required states to conduct additional administrative reviews of In addition, the law required states to conduct additional administrative reviews of
school food authorities with a high level of administrative error or risk of error.school food authorities with a high level of administrative error or risk of error.~~229~~
248 The 2004 child nutrition reauthorization also continued the expansion of free school meals to new The 2004 child nutrition reauthorization also continued the expansion of free school meals to new
categories of children. categories of children. ~~Specifical y~~Specifically, the law extended categorical eligibility, the law extended categorical eligibility and direct certification and direct certification

~~223~~ 242 Jones 1994, p. 45. Jones 1994, p. 45.
~~224~~243 Jones 1994, pp. 46-47. Jones 1994, pp. 46-47.
~~225~~244 USDA USDA -FNS,FNS, Direct Certification in the National School Lunch Program: State ~~Imp lementation~~Implementation Progress Report to
Congress, Office of Research and Analysis, December 2008, p. 3, https://www.fns.usda.gov/direct-certification-, Office of Research and Analysis, December 2008, p. 3, https://www.fns.usda.gov/direct-certification-
national-school-lunch-program-state-implementation-progress. national-school-lunch-program-state-implementation-progress.
~~226~~245 Jones 1994, p. 68. Jones 1994, p. 68.
~~227~~246 See, See, for example, USDAfor example, USDA Office of Inspector General, Office of Inspector General, Food and Nutrition Service: Child and Adult Care Food
Program : National Report on Program Abuses, Audit Report No. 27601-7-SF, AugustAudit Report No. 27601-7-SF, August 1999, https://www.usda.gov/1999, https://www.usda.gov/
oig/webdocs/27601-7-SF.pdf. oig/webdocs/27601-7-SF.pdf.
~~228~~247 USDA USDA -FNS,FNS, Verification of Eligibility for Free and ReducedVerification of Eligibility for Free and Reduced Price Meals in the National School Lunch and SchoolPrice Meals in the National School Lunch and School
Breakfast Programs, 73 Breakfast Programs, 73 Federal Register 76847, December 18, 2008. 76847, December 18, 2008.
~~229 CRS~~ 248 For more information, see CRS Report RL33299, Report RL33299, Child Nutrition and WIC Legislation in the 108th and 109th Congresses. .
Congressional Research Service Congressional Research Service
4849

School Meals and Other Child Nutrition Programs: Background and Funding

for free school meals to homeless children, migrant children, and children served under the for free school meals to homeless children, migrant children, and children served under the
Runaway and Homeless Youth Act. Runaway and Homeless Youth Act.
The most recent child nutrition reauthorization as of the date of this report was the Healthy, The most recent child nutrition reauthorization as of the date of this report was the Healthy,
Hunger-Free Kids Act of 2010 (HHFKA;Hunger-Free Kids Act of 2010 (HHFKA; P.L. 111-296). The HHFKAP.L. 111-296). The HHFKA continued the expansion of continued the expansion of
school meals in a few ways. It made foster children school meals in a few ways. It made foster children ~~categorical y eligible~~ categorically eligible for free school meals, for free school meals,
and and ~~al owed~~allowed direct certification of such children. It also included a pilot project for direct direct certification of such children. It also included a pilot project for direct
certification (but not categorical eligibility)certification (but not categorical eligibility) of children in Medicaid households for free and of children in Medicaid households for free and
reduced-price meals based on an income test. In addition, the HHFKAreduced-price meals based on an income test. In addition, the HHFKA created the Community created the Community
~~Eligibility~~ Eligibility Provision (CEP), through which eligible schools can provide free meals to Provision (CEP), through which eligible schools can provide free meals to al all students. students.
As discussed in this report, the HHFKA As discussed in this report, the HHFKA also made changes to nutritional requirements in the also made changes to nutritional requirements in the
school meals programs and CACFP. school meals programs and CACFP. ~~Specifical y~~Specifically, the law required USDA to update the nutrition , the law required USDA to update the nutrition
standards for school meals within a certain timeframe and align the standards with the Dietary standards for school meals within a certain timeframe and align the standards with the Dietary
Guidelines for Americans (per an existing statutory requirement).Guidelines for Americans (per an existing statutory requirement).~~230~~249 The law also required USDA The law also required USDA
to issue new nutrition standards regulating to issue new nutrition standards regulating al all foods sold on school campuses during the school foods sold on school campuses during the school
day (“competitive foods”). (Previous standards applied only to competitive foods sold during day (“competitive foods”). (Previous standards applied only to competitive foods sold during
meal service.) In addition, the HHFKAmeal service.) In addition, the HHFKA required USDA to update the nutrition standards for required USDA to update the nutrition standards for
CACFP meals and snacks within a certain timeframe and align them with the Dietary Guidelines CACFP meals and snacks within a certain timeframe and align them with the Dietary Guidelines
for Americans.for Americans.~~231~~250

Author Information

Kara Clifford Billings Kara Clifford Billings

Analyst in Social Policy Analyst in Social Policy

Acknowledgments
Prior CRS reports written by Randy Aussenberg, CRS Specialist in Nutrition Assistance Policy, and Joe Prior CRS reports written by Randy Aussenberg, CRS Specialist in Nutrition Assistance Policy, and Joe
Richardson, former CRS Specialist, provided framework for this report.Richardson, former CRS Specialist, provided framework for this report. ~~Brion Long, CRS Visual~~
~~Information Specialist, provided design assistance.~~

~~230 T he~~ 249 The 1994 child nutrition reauthorization (P.L. 103-448) required schools to serve breakfasts and lunches that were 1994 child nutrition reauthorization (P.L. 103-448) required schools to serve breakfasts and lunches that were
consistentconsistent with the Dietary Guidelineswith the Dietary Guidelines for Americans. for Americans.
~~231~~ 250 For more information, see CRS For more information, see CRS Report R45486, Report R45486, Child Nutrition Programs: Issues in the 115th Congress. Also see . Also see
Janet Poppendieck, Free for All: Fixing School Food in America (Berkeley, CA:Janet Poppendieck, Free for All: Fixing School Food in America (Berkeley, CA: University of California Press, 2010). University of California Press, 2010).
Congressional Research Service Congressional Research Service
4950

School Meals and Other Child Nutrition Programs: Background and Funding

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should under the direction of Congress. Information in a CRS Report should ~~n ot~~not be relied upon for purposes other be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.

Congressional Research Service Congressional Research Service
R46234 R46234 · VERSION 46 · UPDATED
5051