Child Nutrition and WIC Reauthorization:
Issues and Legislation in the 111th Congress

Joe Richardson
Specialist in Social Policy
October 12, 2010
Congressional Research Service
7-5700
www.crs.gov
R41354
CRS Report for Congress
P
repared for Members and Committees of Congress

Child Nutrition and WIC Reauthorization: Issues and Legislation in the 111th Congress

Summary
A comprehensive congressional review (“reauthorization”) of the primary laws governing child
nutrition and WIC programs (the Richard B. Russell National School Lunch Act and the Child
Nutrition Act) was scheduled for 2009 (the last reauthorization was in 2004). Congress did not
meet the September 30, 2009, deadline for comprehensive reauthorization. Instead, a one-year
extension (through September 30, 2010) was included in the FY2010 Agriculture Department
appropriations measure to give Congress time to consider a full reauthorization bill. The delay in
child nutrition/WIC reauthorization was primarily due to a lack of agreement on how to fund any
new child nutrition initiatives subject to congressional “pay-go” rules. The Administration had
proposed spending $10 billion over the next 10 years on expanding child nutrition efforts to “end
childhood hunger by 2015,” but did not offer specific policy changes or spending/revenue offsets.
In 2010, Congress moved to begin the process of enacting the most sweeping changes in child
nutrition and WIC programs since the 1970s.
In May, the Senate Agriculture, Nutrition, and Forestry Committee reported the Healthy, Hunger-
Free Kids Act of 2010 (S. 3307; S.Rept. 111-178). It made substantial changes in child nutrition
and WIC programs (most importantly, increasing federal financing for school lunches) that are
estimated to cost just under $5 billion over the next 10 years. It also included spending reductions
in other programs that would offset this cost. Most significantly, it (1) reduced payments under
the Agriculture Department’s Environmental Quality Incentive Program (EQIP) and (2) included
a restructuring of, and long-term cut in spending for, the nutrition education component of the
Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp program). On
August 5, 2010, the Senate approved an amended version of S. 3307. It differed from the
Committee-reported version of the bill in that it replaced savings from the EQIP offset with
spending reductions achieved by reducing future benefits under the Supplemental Nutrition
Assistance Program (SNAP, formerly the Food Stamp program) and dropped authority for the
Agriculture Department to bar certain foods from the WIC program.
In July 2010, the House Education and Labor Committee approved the Improving Nutrition for
America’s Children Act (H.R. 5504, as extensively amended in committee). This bill included
provisions that are much the same as the Senate initiative, but the anticipated cost is substantially
larger because of provisions expanding child nutrition efforts beyond those in the Senate’s bill
and only relatively minimal offsets.
The Senate and House bills have now placed an extensive menu of policy changes on the table,
but how to pay for them is still the overriding issue; there is little disagreement over most of the
policy changes themselves.
As in 2009, Congress has now missed its newest deadline for child nutrition/WIC reauthorization
(September 30, 2010, set by the Agriculture Department appropriations FY2010 appropriations
act). Instead, the FY2011 “continuing resolution” (P.L. 111-242) extends funding support for
child nutrition and WIC programs (under current-law rules) until early December 2010.

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Child Nutrition and WIC Reauthorization: Issues and Legislation in the 111th Congress

Contents
Recent Developments.................................................................................................................. 1
Background ................................................................................................................................ 1
Themes in Child Nutrition and WIC Reauthorization Legislation ................................................ 2
Major Issues................................................................................................................................ 3
Interim Issues (September 30-December 3) ................................................................................. 4
Enacted Legislation..................................................................................................................... 5
The Senate Child Nutrition and WIC Program Reauthorization Bill (S. 3307).............................. 6
Summary of Provisions ......................................................................................................... 7
Federal Funding for and Pricing of School Lunches......................................................... 7
Expanded Access to Free School Meals........................................................................... 8
Nutrition, Nutrition Education, Wellness, and Farm-to-School Policies............................ 8
After-School and Outside-of-School Initiatives ............................................................. 10
Child and Adult Care Food Program (CACFP) .............................................................. 10
Summer Food Service ................................................................................................... 10
School Breakfast Programs ........................................................................................... 11
Safety and Procurement Practices.................................................................................. 11
Special Supplemental Nutrition Program for Women, Infants, and Children (the
WIC Program) ........................................................................................................... 11
Miscellaneous and Administrative Proposals ................................................................. 12
The House Child Nutrition and WIC Program Reauthorization Bill (H.R. 5504)........................ 13
Summary of Provisions ....................................................................................................... 14
Federal Funding for and Pricing of School Lunches....................................................... 14
Expanded Access to Free School Meals......................................................................... 14
Nutrition, Nutrition Education, Wellness, and Farm-to-School Policies.......................... 15
After-School and Outside-of-School Initiatives ............................................................. 16
Commodities................................................................................................................. 16
Child and Adult Care Food Program (CACFP) .............................................................. 17
Summer Food Service ................................................................................................... 17
School Breakfasts ......................................................................................................... 18
Safety and Procurement Practices.................................................................................. 18
Special Supplemental Nutrition Program for Women, Infants, and Children (the
WIC Program) ........................................................................................................... 18
Miscellaneous and Administrative Proposals ................................................................. 18

Contacts
Author Contact Information ...................................................................................................... 20

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Child Nutrition and WIC Reauthorization: Issues and Legislation in the 111th Congress

Recent Developments
On September 30, 2010, P.L. 111-242 (the FY2011 “continuing resolution”) provided funding
(under current-law rules) for child nutrition and WIC programs until December 3, 2010.
Congressional action on a bill reauthorizing and expanding child nutrition/WIC efforts has been
stalled since July 2010 because of differences over how to pay for associated costs, but may be
resolved before December 3.
On August 5, 2010, the Senate approved an amended version of its child nutrition/WIC
reauthorization bill (S. 3307). As passed by the Senate, the bill differed from the bill as reported
by the Senate Agriculture, Nutrition, and Forestry Committee in two significant aspects. The
committee’s bill included a spending reduction offset for its costs that lowered payments under
the Agriculture Department’s Environmental Quality Incentives Program (EQIP); the Senate-
passed bill replaced this offset with an amendment that effectively reduces benefits under the
Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp program) as of
October 31, 2013—saving some $2.5 billion. This reduction would be accomplished by
terminating an across-the-board SNAP/food stamp benefit increase (above and beyond that
dictated by food price inflation) stipulated in the 2009 American Recovery and Reinvestment Act
(ARRA; P.L. 111-5), thereby returning SNAP/food stamp benefits to levels they would have been
under pre-ARRA law (i.e., based on food price inflation) and reducing benefits by an estimated
$10-$15 per person per month. In addition, the Senate-passed bill deleted a provision in the
committee-reported measure that gave the Agriculture Department authority to bar foods in the
WIC program where increased costs outweighed added nutritional value.
Background
Child nutrition programs (like school meal programs, after-school meal/snack programs, and
those serving children in child care settings) and the Special Supplemental Nutrition Program for
Women, Infants, and Children (the WIC program) were scheduled for a comprehensive review
(“reauthorization”) in 2009. However, because of concerns over the cost of any renewal of
expiring child nutrition and WIC program authorities and of new proposals that went beyond
current law (and how to pay for these new initiatives), Congress delayed action on a
comprehensive bill and enacted a one-year extension (through September 30, 2010) of expiring
authorities as part of the FY2010 appropriations law for the Agriculture Department.1
The Administration has proposed spending $10 billion over the next 10 years in an effort to “end
childhood hunger by 2015,” but it has not advanced specific program changes or ways to offset
any new costs. While they include the most extensive changes in child nutrition/WIC programs
since the 1970s, the House and Senate child nutrition/WIC reauthorization bills (H.R. 5504 and S.
3307) would require less new spending than the Administration has called for and, as noted
below, substantial issues remain about how to pay for any new initiatives.
Child nutrition and WIC programs were last amended in a substantial way by the Child Nutrition
and WIC Reauthorization Act of 2004 (P.L. 108-265); these revisions are covered in CRS Report

1 See CRS Report R40721, Agriculture and Related Agencies: FY2010 Appropriations, coordinated by Jim Monke, for
more detail.
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RL33299, Child Nutrition and WIC Legislation in the 108th and 109th Congresses, by Joe
Richardson. How child nutrition and WIC programs work is addressed in CRS Report R40397,
Child Nutrition and WIC Programs: A Brief Overview, by Joe Richardson.
Themes in Child Nutrition and WIC
Reauthorization Legislation

The Senate has approved a child nutrition/WIC reauthorization measure (S. 3307) and the House
Education and Labor Committee has adopted its version (H.R. 5504). They both represent the
most far-reaching (and costly) changes to child nutrition and WIC programs since the 1970s and
would add significant new funding (above inflation-indexed payments for meals and snacks).
Basically, the Senate and House proposals have the same major themes, although the House bill is
more expansive and is estimated to be significantly more expensive. Each proposes to
• increase funding for school lunches and link this new money to schools meeting
updated nutrition standards;
• provide for gradually increasing prices for school lunches served to paying (non-
poor) students;
• increase access to free school meals by (1) expanding automatic (direct)
certification of those receiving public assistance benefits, and (2) giving schools
new options to offer free meals to all students;
• require updated school meal nutrition standards and professional standards for
school meal providers;
• broaden coverage of and support for local school “wellness policies”;
• establish nutrition standards for foods sold in competition with school meals
(e.g., a la carte foods and those sold from vending machines);
• encourage “farm-to-school” and other initiatives to combat childhood obesity;
• expand support for food service through summer programs and after-school and
outside-of-school programs;
• add to food safety requirements for foods served on school campuses and foods
provided by the Agriculture Department;
• improve food procurement practices used by schools;
• increase WIC program support for breastfeeding;
• establish a time frame for introducing electronic benefit transfer systems to the
WIC program;
• improve schools’ accountability for proper program operations;
• introduce new rules for nutrition standards and heightened physical activity in
child care settings; and
• support and finance state and local initiatives to end childhood hunger.
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Major Issues
With a few exceptions (noted below), there is little controversy over the Senate and House policy
provisions carrying out the themes listed above. The single, overwhelming issue in the child
nutrition/WIC reauthorization debate is the costs associated with the proposed revisions (and how
to offset them).
The bill reported by the Senate Agriculture, Nutrition, and Forestry Committee (with costs of just
under $5 billion over 10 years) included four offsets. There has been no opposition to the two
smallest offsets—changes in how to count “bonus” commodities in meeting minimum
requirements for commodity aid to schools and additional independent review of eligibility for
free and reduced-price school meals. Together, they account for about one-fifth of the new
spending in the Senate’s measure. However, the two larger offsets have been controversial. One
would substantially reduce payments for the Agriculture Department’s Environmental Quality
Incentive Program (EQIP) and the other would, over the long term, effectively cut spending for
the nutrition education component of the Supplemental Nutrition Assistance Program (SNAP,
formerly the Food Stamp program). Critics have argued that these two efforts deserve the support
they get under current law; supporters see few other offsets to use under House/Senate “pay-go”
rules.
Largely in response to criticism of the EQIP offset from the agricultural community and others,
the child nutrition/WIC reauthorization bill passed by the Senate on August 5, 2010, replaced it
with a provision that reduces future SNAP/food stamp benefits by terminating an across-the-
board benefit increase legislated in the 2009 American Recovery and Reinvestment Act (ARRA;
P.L. 111-5) in November 2013. This offset has, in turn, become controversial among advocates
for food assistance programs, who see it as simply transferring SNAP/food stamp funding meant
for low-income households to pay for other nutrition programs primarily affecting the same
households—not new spending on food assistance.2
The House bill is estimated to have up-front costs significantly above the Senate’s and includes
only the two smallest (and non-controversial) offsets.
As a result, further progress on child nutrition/WIC reauthorization legislation largely hinges on
how the cost issue is dealt with.
Beyond cost/offset issues, three major policy questions remain:
• To what degree should the federal government step in with rules governing the
types of “competitive foods” served outside the school meal programs (e.g., a la
carte items and foods sold from vending machines)? While both the Senate and
House bills would require the establishment of federal rules for these foods, there
are those who argue that the decision is better left to states and schools.
• Should there be federal rules effectively requiring minimum prices for school
lunches served to non-poor children? Both the Senate and House bills envision a
gradual increase in these prices (although they would achieve this in different

2 For more detail, see CRS Report R41374, Reducing SNAP (Food Stamp) Benefits Provided by the ARRA: P.L. 111-
226 & S. 3307
, by Joe Richardson, Jim Monke, and Gene Falk.
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ways). This is based on studies indicating that federal school meal payments
effectively “cross-subsidize” the price of food served to non-poor children and
items offered outside the school meal programs (for example, “paid” meals
served to non-poor children often are priced below the full federal subsidy for a
free meal). In effect, supporters are concerned that federal dollars intended for
services to poor children are being “diverted” to aid in paying for meals for those
who could afford to pay more. On the other hand, opponents contend that the
current system brings higher participation among non-poor children (and bigger
revenues for school food service authorities) that allows authorities to serve
better meals, and they are concerned that higher prices would be charged to “non-
poor” children whose family income is just above the cutoff for free and reduced
price meals (i.e., the near poor).
• Should there be rules governing when the WIC program will pay for foods (like
infant formula) where new ingredients have been added that purport to increase
their nutritional value? The bill reported by the Senate Agriculture, Nutrition and
Forestry Committee would have given the Agriculture Department authority to
bar foods where increased costs outweighed any increased nutritional value; the
House bill takes a somewhat different approach and calls for a review of the
benefits of any new or emerging ingredients. WIC program advocates argue that,
at a minimum, the House provisions should be adopted.
Interim Issues (September 30-December 3)
Congress has now extended authority for child nutrition/WIC programs to operate (under current-
law rules) through December 3, 2010 (P.L. 111-242). In the interim, Congress and the
Administration will be faced with substantial decisions on how to proceed with the stalled child
nutrition/WIC reauthorization bills (S. 3307 and H.R. 5504).
While there may be other options, the most prominent ones now on the table would be (1) for the
House to accept the Senate’s bill (S. 3307, discussed below), including provisions that, to a large
extent, finance the cost of the bill by reducing future food stamp/SNAP benefits (a controversial
“offset”) or (2) to adopt the more expansive/expensive House Education and Labor Committee
bill (H.R. 5504, discussed below) and find another set of “pay-go” offsets for any new spending.
In either of the above cases, the major issue is how to pay for any child nutrition/WIC expansion
initiatives.
Finally, if there is no longer-term resolution, a “simple extension” of existing law (similar to what
was done in the FY2010 Agriculture Appropriations law; see CRS Report R40721, Agriculture
and Related Agencies: FY2010 Appropriations
, coordinated by Jim Monke) is another choice.
However, this option also poses decisions for Congress and the Administration. An extension
would be “scored” by the CBO as a budget “savings,” as was done for the FY2010 appropriation
(in this case $100 million a year) and Congress and the Administration would have to decide
whether or how to spend it.
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Enacted Legislation
Three items of legislation affecting child nutrition programs and the WIC program have been
enacted thus far in the 111th Congress: (1) the 2009 American Recovery and Reinvestment Act
(the ARRA; P.L. 111-5), (2) the FY2010 Agriculture Department appropriations measure (P.L.
111-80), and (3) the FY2011 Continuing Resolution (P.L. 111-242).3
The ARRA provided a one-time appropriation of $100 million for grants to states and schools to
improve school food service infrastructure (“equipment grants”). It also appropriated an extra
$500 million for the WIC program. Some $100 million of this funding is being used for various
projects supporting improved WIC management information systems and the expanded use of
electronic benefit transfer systems to deliver WIC benefits; the remaining $400 million has been
placed in a contingency reserve to cover unanticipated WIC costs due to economic conditions.
In addition to regular annual appropriations for child nutrition and WIC programs, the FY2010
Agriculture Department appropriations law
made changes in the operations of child nutrition
programs and extended expiring child nutrition legislative/funding authorities through September
30, 2010.
The FY2010 appropriations act revised the current rules governing child nutrition and WIC
programs by
• adding three states and the District of Columbia to the 10 states authorized to
receive federal subsidies for suppers served in after-school programs,
• requiring that military combat pay be disregarded for judging eligibility for free
or reduced-price meals in child nutrition programs and the WIC program, and
• allowing state WIC agencies to exceed regulatory maximums on the amount of
reconstituted liquid concentrate infant formula given to WIC recipients.
The appropriations law also provided funding for a number of new child nutrition initiatives,
including money for (1) projects testing new methods of providing access to food for children
during summer months, (2) support to states wishing to improve “direct certification” of SNAP
(food stamps) recipients for free school meals, (3) grants for the purchase of food-service-related
equipment, (4) grants to improve the health and nutrition status of children in child care settings
served by the CACFP, (5) bonus payments to state WIC agencies demonstrating high proportions
of breastfed infants, and (6) school garden projects.
CRS Report R40721, Agriculture and Related Agencies: FY2010 Appropriations, coordinated by
Jim Monke, provides further and more-detailed information on child nutrition provisions in the
FY2010 appropriations act.

3 In addition, two resolutions (S.Res. 67 and H.Res. 210) recognizing National School Breakfast Week and the
achievements and need for breakfast programs were approved in March 2009 and one resolution (H.Res. 362)
supporting the goals of the National School Lunch program was approved in April 2009.
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The FY2011 Continuing Resolution (P.L. 111-242) effectively extends support and funding for
child nutrition/WIC programs until December 3, 2010. This money is to be available under
current-law rules.4
The Senate Child Nutrition and WIC Program
Reauthorization Bill (S. 3307)

On May 5, 2010, the Senate Agriculture, Nutrition, and Forestry Committee reported the Healthy,
Hunger-Free Kids Act of 2010 (S. 3307; S.Rept. 111-178). This bill would reauthorize all
expiring child nutrition and WIC authorities/programs (now scheduled to terminate September
30, 2010) through FY2015 and make numerous and wide-ranging changes in the operations of
these programs (summarized below).
The Congressional Budget Office (CBO) estimates that the proposed revisions would cost some
$4.65 billion/$4.56 billion (mandatory budget authority/outlays) over the next 10 years (FY2011–
FY2020) and $1.67 billion/$1.59 billion (mandatory budget authority/outlays) over the next five
years (FY2011–FY2015).
These costs were offset by savings expected from four provisions in the bill (discussed below)
that were anticipated to generate total savings that effectively meet or exceed costs. In committee
consideration, the makeup of the package of savings, particularly the change proposed for the
Agriculture Department’s Environmental Quality Incentives Program (EQIP), was the major
point of contention.
On August 5, 2010, the Senate approved an amended version of S. 3307. Differing from the
committee-reported bill, the Senate-passed bill drops reductions in EQIP payments and replaces
them with an equivalent dollar offset (in Section 442) accomplished by reducing future benefits
under the Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp
program). This reduction, scheduled for November 2013, would terminate an across-the-board
increase in SNAP/food stamp benefits enacted as part of the 2009 American Recovery and
Reinvestment Act (ARRA; P.L. 111-5) and is expected to result in monthly benefit reductions
averaging some $10-$15 per person. CRS Report R41374, Reducing SNAP (Food Stamp) Benefits
Provided by the ARRA: P.L. 111-226 & S. 3307
, by Joe Richardson, Jim Monke, and Gene Falk
discusses this reduction in detail.
The largest savings in the Senate committee bill would have come from an amendment to EQIP
law; the EQIP provides financial assistance to agricultural producers to implement conservation
practices. It would have substantially reduced annual mandatory funding for the EQIP for total
savings of $2.87 billion/$2.2 billion (budget authority/outlays) over 10 years and $1.35
billion/$0.75 billion (budget authority/outlays) over five years.5

4 The Agriculture Department has indicated that, although only one specific authority (for a California pilot project)
was extended through December 3 under the Continuing Resolution, all child nutrition and WIC operations will
continue as under current law—so long as the extension does not last very long beyond December 3.
5 Additional detailed information on the EQIP and the proposal to use funding from EQIP can be found in CRS Report
R40197, Environmental Quality Incentives Program (EQIP): Status and Issues, by Megan Stubbs.
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A second revision to the law governing the nutrition education component of the Supplemental
Nutrition Assistance Program (SNAP, formerly the Food Stamp program) is expected to cut
mandatory spending by $1.3 billion (budget authority and outlays) over 10 years and $250
million (budget authority and outlays) over five years. Section 241 would establish a new grant
program for nutrition education and obesity prevention, replacing the current program under
which state spending (both cash and in-kind) on nutrition education for SNAP recipients is
matched by the federal government as part of their SNAP administrative costs (the federal share
is 50%). The bill would instead provide $375 million for grants in FY2011 (approximately the
value of the current federal share), and adjust that amount for inflation in future years. These
funds would be distributed by formula to the states and there would no longer be a requirement
for state matching funds.6 States could use the money to provide nutrition education and operate
obesity prevention programs for SNAP recipients and other low-income individuals.
Extension of the Agriculture Department’s authority to count certain “bonus” (surplus)
commodities
toward meeting a minimum threshold for commodity support of child nutrition
programs (in Section 401 of the bill) is estimated to produce savings of $1 billion (budget
authority and outlays) over 10 years and $500 million (budget authority and outlays) over five
years. This authority was most recently extended (through September 30, 2010) in the FY2010
Agriculture Department appropriations measure. A detailed discussion of this authority is found
in CRS Report R40721, Agriculture and Related Agencies: FY2010 Appropriations, coordinated
by Jim Monke.
Finally, Section 304 of the bill would require local educational agencies (LEAs) that demonstrate
high levels of administrative error to have an additional person independently review eligibility
determinations
for free and reduced-price school meals. This change in program operations is
estimated to save $63 million/$62 million (budget authority/outlays) over 10 years and $26
million/$25 million (budget authority/outlays) over five years.
Summary of Provisions
In addition to reauthorization of all expiring authorities/programs in the Richard B. Russell
National School Lunch Act and the Child Nutrition Act and the four cost-saving proposals noted
above, the Senate’s initiative includes major changes in the way child nutrition programs operate
and provides substantial new funding.
Federal Funding for and Pricing of School Lunches
Section 201 increases funding for school lunches served in participating schools by raising all
per-lunch federal subsidies by 6 cents (indexed for inflation) for schools that meet updated meal
pattern and nutrition standards required by the bill. This “performance-based” increase in federal
school lunch subsidies represents the largest cost item in the Senate bill—about 70%-75% of total
costs—and would be effective no later than October 2012.

6 The formula used to distribute money to the states would eventually be based on the number of participants in the
SNAP. However, “hold-harmless” provisions phasing in the use of the formula would limit reductions in individual
state amounts.
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Section 205 requires participating schools to gradually increase the price charged for “paid”
school lunches
(i.e., those not served free or at a reduced price) so that prices charged to
“paying” students eventually match at least the difference between the federal subsidy for free
and paid lunches—unless non-federal funds are used to compensate.
Expanded Access to Free School Meals
Sections 101 and 103 change rules governing the “direct certification” method of determining
eligibility for free school meals. Under current direct certification rules, schools may enter into
agreements with SNAP/food stamp agencies to certify children in SNAP/food stamp households
eligible for free school meals without requiring a separate application from the family; direct
certification effectively allows schools to “piggyback” on the more in-depth eligibility
certification done for SNAP/food stamps and reduces errors that may occur in school lunch
application eligibility procedures that are otherwise used. Section 101 provides funding ($4
million a year) for “performance awards” for states demonstrating outstanding or substantially
improved performance in direct certification activities. It also requires “continuous improvement
plans” for states failing to meet goals set for increasing direct certification. Section 103 aims to
extend direct certification by establishing a demonstration project to directly certify most children
in Medicaid households as eligible for free school meals.
Section 102 places into law a provision (similar to current regulations) making foster children
categorically (automatically) eligible for free school meals.
Section 104 would give LEAs two new options to offer free meals to all schoolchildren. Under
current law, schools with high proportions of low-income children can choose to offer free meals
to all children; these provisions of law are generally called “Provision 2 and Provision 3.”
Schools taking these options must, however, take applications in a “base” year and use the results
of those approved applications to determine the proportion of meals/students that would
otherwise be served free or at a reduced price, thereby establishing the amount of their federal
school meal subsidies for the next four years. In effect, schools taking advantage of these
provisions save the administrative cost of determining eligibility for free and reduced-price meals
and counting them separately and must cover the extra costs associated with losing charges
received from paying students. The Senate bill would add two more choices for schools wishing
to serve free meals to all students; in both cases, taking of applications would not be necessary
and schools would (as under current law) be required to find funding for any costs above those
covered by federal subsidies. Under a “direct certification” option (“universal meal service in
high poverty areas”)
, schools with relatively large proportions of students directly certified as
eligible for free school meals because they are public assistance (e.g., SNAP-food
stamp/Medicaid) recipients could choose to receive federal school meal subsidies derived from
the proportion of students directly certified. Under a “survey” option (“universal meal service
through Census data”)
, the Agriculture Department would be permitted to approve the use of
Census and other socioeconomic surveys and data sources to approximate the makeup of students
and replace the collection of household applications to determine the proportion of children
eligible for free and reduced-price meals.
Nutrition, Nutrition Education, Wellness, and Farm-to-School Policies
Section 201 establishes a time frame for the Agriculture Department to promulgate regulations
updating meal patterns and nutrition standards for school meal programs based on
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recommendations from the National Academy of Sciences. Schools meeting the new
requirements would be eligible for the increased federal subsidies (6 cents a lunch) noted above.
It also provides funding for technical assistance to help implement new meal patterns and
nutrition standards.
Section 202 changes rules governing milk served in school meal programs to effectively bar
federal subsidies for whole milk (i.e., milk must be “consistent with the Dietary Guidelines for
Americans”).
Section 203 requires that schools participating in school meal programs offer free, potable water
in meal service areas.
Section 204 replaces existing requirements that LEAs establish “wellness policies” with a similar
(but expanded) requirement that all LEAs participating in school meal programs have wellness
policies (designed locally) that include goals for nutrition education, increased physical activity,
and other policies that promote student wellness—including guidelines for all foods available on
the school campus during the school day and periodic reassessments of policies. The Agriculture
Department (in conjunction with the Education Department and the Centers for Disease Control
and Prevention) also is required to provide technical assistance to LEAs in carrying out the
wellness policy directive.
Current federal child nutrition law does not give the federal government any significant say over
foods served/offered in schools outside of meals that are federally subsidized (e.g., a la carte food
items and those served from vending machines). Section 208 requires the Agriculture Department
to establish “science-based” nutrition standards for all foods offered in participating schools—
throughout the school campus and until the end of the school day. This is intended to establish
minimum national standards for so-called “competitive foods” in schools participating in meal
programs.
Section 209 requires LEAs to periodically report information on the “school nutrition
environment”
of schools under their jurisdiction to the Agriculture Department and the public
and authorizes the department to provide technical assistance to support assessment of and
reporting on schools’ nutrition environments. Information called for under this amendment would
cover food safety, local wellness policies, program participation, and the nutritional quality of
meals.
Section 210 authorizes a pilot project of competitive grants aimed at increasing the quantity of
organic foods provided through the School Lunch program.
Section 243 provides mandatory funding ($5 million a year) for competitive grants (with a 75%
federal match) to assist schools and nonprofit entities in establishing “farm-to-school” programs
that improve schools’ access to locally produced foods.
Section 244 authorizes the Agriculture Department (in consultation with the Health and Human
Services Department) to establish a research, demonstration, and technical assistance program to
promote healthy eating and reduce the prevalence of obesity, especially among children.
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After-School and Outside-of-School Initiatives
Section 122 makes all states eligible to receive federal subsidies for suppers served in after-
school care programs
(in addition to the District of Columbia and the 13 states covered by
current law). Section 337 requires the Agriculture Department to study ways of bringing in more
sponsors for after-school supper programs.
Child and Adult Care Food Program (CACFP)
Section 121 makes it easier for family day care homes to qualify as “Tier I” homes and thereby
receive higher federal subsidies.
Section 221 requires the establishment of new nutrition requirements for meals served under the
CACFP
and generally conforms these requirements to those used for school meal programs.
Mandatory funding of $10 million is provided to support promotion of physical activity and
limited electronic media use
in child care venues.
Section 222 requires that the Agriculture Department and Health and Human Services
Department coordinate efforts to encourage state child care agencies to include nutrition and child
wellness standards in state child care licensing rules.
Section 223 requires the Agriculture Department (in consultation with the Health and Human
Service Department) to conduct a national study of child care centers and family day care homes
to assess the nutritional quality of foods served and opportunities for physical activity.
Mandatory funding of $5 million is provided for the study.
Sections 331–333 include provisions easing administrative rules applied to day care providers,
making clear that aggrieved providers’ have access to hearings and payment for valid claims, and
allowing family day care home providers to help families in preparing and transmitting
application forms that are used in determining homes’ eligibility for higher CACFP benefits.
Section 334 standardizes (and generally increases) federal administrative payments to family
day care home sponsors
and allows sponsors to carry over a portion of these funds (if unspent)
into the next fiscal year.
Section 335 increases funding for audits of entities participating in the CACFP.
Section 336 requires the Agriculture Department to continue efforts to reduce paperwork
required of providers and sponsors under the CACFP.
Summer Food Service
Section 111 eliminates current rules limiting the number of sites nonprofit summer program
sponsors
can operate, aligning eligibility rules between public and nonprofit sponsors.
Section 112 requires schools to conduct outreach efforts to inform families of the availability and
location of summer program meal sites (and the availability of school breakfasts).
Section 113 authorizes appropriations ($20 million a year) for competitive grants to support
improvement and expansion
of summer food service programs.
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Sections 321-322 ease administrative rules for summer program sponsors, establish procedures
for termination of sponsors, and require the maintenance of a list of disqualified sponsors.
School Breakfast Programs
Section 105 authorizes competitive grants to establish, promote, or expand school breakfast
programs
.7
Safety and Procurement Practices
Section 242 requires the Agriculture Department to develop model product specifications and
practices for procurement
of food used in child nutrition programs.
Section 302 mandates that food safety rules established for school meals apply to any facility or
part of a facility in which foods are stored, prepared, or served under any school nutrition
program.
Section 308 requires the Agriculture Department to improve procedures for dealing with suspect
food items
purchased by the department for use in school meal programs (e.g., product recall
rules).
Special Supplemental Nutrition Program for Women, Infants, and Children
(the WIC Program)8

Section 131 allows states to certify children eligible for WIC benefits for up to one year at a time
(as opposed to the current six months) if the child receives regular health and nutrition
assessments.
Section 231 expands the Agriculture Department’s mandate to promote breastfeeding through the
WIC program and recognize exemplary breastfeeding practices by local WIC agencies.
Section 232 specifies that the Agriculture Department conduct a review of food items provided
under the WIC program
at least every 10 years.
Section 351 provides for sharing information on WIC nutrition education and breastfeeding
promotion practices
with projects operating the Commodity Supplemental Food Program or the
CACFP.
Section 352 makes several changes affecting WIC program operations. It increases funding for
WIC program evaluation efforts, makes changes to administrative rules governing competitive
bids for supplying WIC food items, mandates the use of electronic benefit transfer (EBT) systems
in providing WIC benefits by October 2020, and allows states (under limited conditions) to use

7 This provision was not included in the committee-reported bill.
8 A provision included in the committee-reported bill providing the Agriculture Department with authority to disallow
food products for use in the WIC program based on a determination as to whether the ingredients in the product yield a
benefit relative to their cost was not included in the Senate-passed measure.
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rebates received from infant formula manufacturers to pay for food costs incurred in the previous
fiscal year.
Miscellaneous and Administrative Proposals
Section 141 provides $10 million for research on the causes and consequences of childhood
hunger
and $40 million for demonstration projects that test innovative strategies to end childhood
hunger.
Section 142 authorizes the Agriculture Department to award State Childhood Hunger Challenge
Grants
to governors to carry out comprehensive strategies to end childhood hunger.
Section 143 requires the department (in conjunction with states and LEAs) to examine current
practices regarding extending credit to children to pay for school meals and providing
“alternate” meals to children without cash on hand
. The department must report on the review
and may implement national standards for meal charges and the provision of alternate meals.
Section 206 requires that revenue from the sale of “non-program foods” (food items other than
federally subsidized school meals sold in competition with school meals) that are purchased with
funds from a school’s food service account must effectively equal or exceed the costs associated
with obtaining the food.
Section 207 places into law provisions for an expanded audit and compliance review system for
participating schools that covers both financial and nutritional requirements; it also directs that
review results be made publicly available.
As a privacy protection measure, Section 301 changes rules governing the provision of Social
Security account numbers
to require that only the last four digits of the account number of the
primary wage earner be provided when applying for free or reduced-price school meals.
Section 303 provides the department with authority to levy fines on schools and state agencies
with serious violations of child nutrition program rules.
Section 305 requires states and child nutrition program providers to cooperate with the
department in the conduct of program evaluations and studies.
Section 306 requires the department to establish professional standards for certification of state
and local school food service directors and provide necessary training to those affected.
Mandatory funding ($5 million in the first year and $1 million a year in later years) is provided
for management of training and certification activities—which may be carried out through
professional food service management organizations.
Section 307 requires the department to issue a guidance to schools as to charging school food
service budgets for indirect costs
(those not directly associated with food service like trash
collection and phone and computer services). It also provides for a study of the extent to which
these charges are made, and (after the study) further guidance and regulations on the types of
indirect costs that are reasonable and necessary to provide school meals. Mandatory funding ($2
million) is made available to carry out these activities.
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Section 361 requires that agreements between the department and state agencies administering
child nutrition and WIC programs include provisions that support full use of federal funds for
administration of these programs and exclude federally funded activities from state budget
limitations
(such as hiring freezes, work furloughs, and travel restrictions).
Section 362 bars eligibility for child nutrition providers (for any child nutrition program) if they
have been terminated from a child nutrition program and are on a disqualification list for the
Summer Food Service program or the CACFP.
Section 406 increases mandatory funding for the Food Service Management Institute (FSMI)
from $4 million to $5 million a year.
Section 407 provides mandatory funding for federal administrative support of child nutrition
program operations (e.g., training and technical assistance related to improving program integrity,
reviewing administrative practices of local agencies) of $4 million a year.
The House Child Nutrition and WIC Program
Reauthorization Bill (H.R. 5504)

On July 15, 2010, the House Education and Labor Committee approved an amended version of
H.R. 5504, the Improving Nutrition for America’s Children Act—reauthorizing expiring
authorities through FY2015 (as in the Senate bill) and making substantial changes to child
nutrition and WIC programs. No fully compiled version of the amended bill is yet available and a
report to accompany the bill has not been filed; section references in the following summary are
tentative.
On August 25, 2010, the Congressional Budget Office (CBO) preliminary cost estimate of H.R.
5504 (as amended) was released. It projects the cost of the House Education and Labor
Committee bill at $7.78 billion/$7.58 billion (mandatory budget authority/outlays) over the next
10 years (FY2011-FY2020) and $2.6 billion/$2.5 billion (mandatory budget authority/outlays)
over the next five years (FY2011-FY2015)—significantly higher than estimates for the Senate’s
comparable measure.
Unlike the Senate bill, only two relatively small offsetting savings are provided (both are also
included in the Senate bill). The House offsets are in Section 401 (the same as the “bonus”
commodity offset
in the Senate, which the CBO estimates will save $500 million over five years
and $1 billion over 10 years) and Section 310 (the same as the independent review of eligibility
applications
in the Senate, which the CBO estimates would save some $25 million/$26 million
(budget authority/outlays) over five years and $62 million/$63 million (budget authority/outlays)
over 10 years.
As a result, the House Committee’s bill would have an estimated cost (not covered by budgetary
offsets)
of $6.72 billion/$6.52 billion (mandatory budget authority/outlays) over the next 10 years
(FY2011-FY2020) and $2.08 billion/$1.96 billion (mandatory budget authority/outlays) over the
next five years (FY2011-FY2015).
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Summary of Provisions
In addition to reauthorization of all expiring authorities/programs in the Richard B. Russell
National School Lunch Act and the Child Nutrition Act (as in the Senate’s bill), the House
committee’s initiative includes extensive changes in the way child nutrition and WIC programs
operate and major new funding. Many are the same as or very similar to those in the Senate bill
and the reader should refer to the earlier summary of the Senate bill’s provisions when they are
noted for additional detail.
Federal Funding for and Pricing of School Lunches
As in the Senate bill, Section 201 increases funding for school lunches by raising federal per-
lunch subsidies by 6 cents (indexed for inflation) for schools that meet updated meal pattern and
nutrition standards.
Section 409 requires that participating schools gradually increase their revenues from non-
federal sources
(including prices charged to paying students) so as to ensure that the average per-
lunch revenue from federal and non-federal sources matches at least the federal subsidy for a free
lunch.
Section 253 requires the Agriculture Department to provide an explanation to Congress if the
department chooses not to exercise authority to adjust federal meal subsidy rates for outlying
areas
(e.g. territories).
Expanded Access to Free School Meals
As in the Senate bill, Section 101 places into law a provision making foster children categorically
eligible for free school meals. In addition, it makes clear that Indian children placed in foster care
are covered.
As in the Senate bill, Section 102 changes rules governing the “direct certification” method of
determining eligibility for free school meals (i.e., provides for performance bonuses and requires
“continuous improvement plans” for non-performing states). Similar to the Senate bill, Section
103 allows an increasing number of states to directly certify most children in Medicaid
households as eligible for free school meals.
With few differences from the Senate bill, Section 104 offers LEAs two new options to offer free
meals to all schoolchildren
—one based on the proportion of children “directly certified” for free
meals based on public assistance participation and the other based on Census or other
socioeconomic survey information.
Section 107 permits LEAs to automatically certify as eligible for free school meals any child in a
military household receiving a Defense Department “supplemental subsistence allowance for
low-income families.” Section 146 requires the Agriculture Department (in consultation with the
Defense Department) to examine the access children in military households have to free and
reduced-price school meals and recommend strategies that could better meet their needs.
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Nutrition, Nutrition Education, Wellness, and Farm-to-School Policies
Like the Senate bill, Section 201 establishes a time frame for the Agriculture Department to
update meal patterns and nutrition standards for school meal programs and provides funding
for technical assistance to help implement the new meal patterns and nutrition standards.
As with the Senate bill, Section 202 changes rules governing milk served in school meal
programs to effectively bar federal subsidies for whole milk. It also clarifies rules governing the
substitution of non-milk products for milk.
Like the Senate bill, Section 203 requires schools to offer water in meal service areas.
Similar to the Senate bill, Section 204 requires minimum standards for “competitive foods” (e.g.,
a la carte food items and those sold from vending machines), but the standards would apply
somewhat more broadly (i.e., throughout the “extended school day”).
Similar to the Senate bill, Section 205 includes expanded requirements for local “wellness
policies”
and provides for technical assistance in establishing these policies.
Similar to the Senate bill, Section 206 requires LEAs to report information on the “wellness
environment”
in their schools.
Section 207 establishes and funds a new Nutrition and Wellness Promotion program to support
nutrition education and other promotion and compliance activities. Each state would receive an
annual amount equal to a ½ cent for each lunch subsidized under the School Lunch program
(totaling approximately $25 million–$30 million).
Similar to the Senate bill, Section 208 provides mandatory funding ($10 million a year) for
competitive grants to assist schools and nonprofit entities in establishing “farm-to-school”
programs that improve schools’ access to locally produced foods.
Similar to the Senate bill, Section 243 authorizes the establishment of a research, demonstration,
and technical assistance program to promote healthy eating and reduce the prevalence of
obesity
.

Section 244 authorizes the Agriculture Department (in consultation with the Education and Health
and Human Services Departments) to conduct a study on the extent and types of marketing of
foods and beverages in schools
(including, for example, assessment of the nutritional quality of
the items marketed).
Section 247 authorizes the department to award competitive matching “partnership for wellness”
grants
for projects that leverage community resources and support student access to physical
activity, nutrition education, and nutritious foods during the regular school year.
Section 249 requires the department to ensure that schools and other child nutrition providers
have information as to the levels of mercury in the food they serve and calls for guidance and
technical materials to help ensure that foods and meals are safe with respect to mercury levels.
Section 250 authorizes a pilot program (the “Healthier US Challenge Initiative”) to encourage the
consumption of milk outside of school meal programs.
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Similar to the Senate bill, Section 251 authorizes a pilot program of competitive grants to schools
to increase the quantity of organic foods served in school lunches.
Section 252 establishes a pilot project under which the department would deliver plant-based
alternate protein products
to schools for the meal programs—in addition to other commodities
provided to schools.
Section 363 authorizes the establishment of a Nutrition Corps under the Corporation for National
and Community Service. It would support programs to increase access to and participation in
nutrition programs, improve the quality of these programs, and support local agriculture and
farm-to-school initiatives.
After-School and Outside-of-School Initiatives
Section 105 establishes a project of competitive grants to five states to provide year-round meals
and snacks (“out-of-school meal service”) to children participating in outside-of-school
educational or other programs.
Similar to the Senate bill, Section 123 makes all states eligible to receive federal subsidies for
suppers served in after-school care programs.
Section 144 requires a study of after-school meal service programs, including “best practices”
for soliciting sponsors for the programs and any requirements that may be a barrier to sponsor
participation.
Section 145 establishes and funds (at $10 million a year) a pilot program under which the
department would provide food commodities to entities like schools and food banks to be used to
provide food to at-risk school children on weekends and during extended school holidays.
Commodities
Section 242 requires the Agriculture Department to develop model product specifications and
procurement practices for procurement
of food used in child nutrition programs.
Section 254 requires the department to purchase low-fat cheeses (valued at up to $1 million a
year) for use in school meal programs, in addition to other commodities the department supplies.
Section 306 requires the department to develop new guidelines to determine the circumstances
under which it is appropriate to place a “hold” on suspect foods supplied by the department and
to establish rules for improving department hold and recall procedures.
Section 307 requires the department to make available to states and schools information on
vendors supplying commodity foods
to the department.
Section 312 allows the department to retain title to commodities provided by the department and
delivered to a processor on behalf of a state recipient agency until the finished, processed
commodity is delivered to the state agency. It also requires the department to issue regulations to
ensure accountability for commodities provided to processors, especially in the event of a food
safety issue.
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Section 441 allows dried fruit and frozen fruit to be included in offerings under the Fresh Fruit
and Vegetable program.
Child and Adult Care Food Program (CACFP)
As in the Senate bill, Section 121 makes it easier for family day care homes to qualify as “Tier I”
homes and thereby receive higher federal subsidies.
Section 122 provides for federal subsidies for additional meal/snacks served to children in child
care for more than eight hours a day
—in no more than five states.
Like the Senate bill, Section 221 requires the establishment of new nutrition requirements for
meals served under the CACFP,
generally conforms these requirements to those used for school
meal programs, and provides mandatory funding of $10 million to support promotion of physical
activity and limited electronic media use
in child care venues. It also provides mandatory
funding of $25 million for competitive grants to promote health and nutrition in child care
settings.
As in the Senate bill, Section 222 authorizes funding for a study of child care centers and day care
homes to assess the nutritional quality of food served and the opportunities for physical
activity
.
Like the Senate bill, Sections 331–337 ease administrative rules applied to day care providers
(including making clear that aggrieved providers’ have access to hearings and payment for valid
claims and allowing day care home providers to help with application forms), standardize and
increase administrative payments
to day care home sponsors, increase funding for audits, and
mandate continued efforts to reduce CACFP paperwork requirements. In addition, Section 337
allows for advance payments for administrative costs to family day care home sponsors.
Summer Food Service
As in the Senate bill, Section 111 aligns eligibility rules between public and nonprofit summer
program sponsors.

Like the Senate bill, Section 112 requires summer program outreach efforts.
Section 113 authorizes and funds a competitive grant program to provide up to 10 states with
federal subsidies for meals and snacks served by non-public entities wishing to implement “year-
round” food service programs
that effectively operate like summer food service programs (e.g.,
they operate at sites during the regular school year that serve meals/snacks outside of school
hours, on weekends, or during school holidays/vacations; are located in low-income areas; and
receive federal subsidies based on summer program rather than school meal program rules).
Section 114 authorizes competitive grants to assist summer program sponsors with technical
assistance, site improvement and transportation costs, and other activities supporting summer
sponsor recruitment and retention
.
Section 115 lowers the threshold for qualifying as a low-income area in the summer program for
rural areas—potentially making more rural sponsors of summer programs eligible.
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As in the Senate bill, Sections 321-322 ease administrative rules for summer program sponsors.
Section 323 increases funding for health inspections of summer food projects.
Section 441 loosens “low-income area eligibility” rules, potentially making more sponsoring
organizations eligible to operate summer programs.
School Breakfasts
Section 106 establishes a competitive grant program for schools (with mandatory funding of $10
million) to help them expand the School Breakfast program.
Safety and Procurement Practices
Section 242 requires the Agriculture Department to provide technical assistance, guidance, and
training
to state and local child nutrition agencies on how to procure foods for meal programs
(including how to follow “Buy American” rules) and mandates that the department develop
model product specifications and practices for procurement of food used in child nutrition
programs. It also provides mandatory funding of $4 million to carry out these activities.
Like the Senate bill, Sections 305 and 306 mandate that food safety rules apply throughout the
school campus and require the department to improve procedures for dealing with suspect foods
(e.g., product recall rules) it may purchase.
Special Supplemental Nutrition Program for Women, Infants, and Children
(the WIC Program)

As in the Senate bill, Section 131 allows states to certify children eligible for WIC benefits for
up to one year
at a time.
As in the Senate bill, Section 231 expands the Agriculture Department’s mandate to promote
breastfeeding.
Like the Senate bill, Sections 351 and 352 require sharing information on WIC nutrition
education and breastfeeding practices
and change rules governing WIC program operations
(especially requiring the use of electronic benefit transfer systems to deliver benefits by October
2020).
Section 425 mandates that the department conduct a periodic review of WIC food items at least
every 10 years (as in the Senate bill) and contract for an independent review of the benefits of
any new or emerging ingredients of potential public health significance that are added or may
be added to WIC foods
.
Miscellaneous and Administrative Proposals
As in the Senate bill, Section 141 provides money for research on the causes and consequences of
childhood hunger.
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Similar to the Senate bill, Section 142 establishes and provides funding for State Childhood
Hunger Challenge Grants
.
Section 143 requires schools to notify parents about policies with respect to providing school
meals to children without sufficient funds to buy their meals or who have outstanding debts
owed for meals
. It also requires that unpaid meal fees not affect children’s access to regular
school meals and establishes rules for dealing with households in arrears on their meal payments.
Similar to the Senate bill, it calls for a study of current practices on dealing with children in these
circumstances and authorizes national standards.
Section 147 provides specific authority for schools to donate unused foods to food banks and
other charitable organizations.
Section 245 authorizes grants to schools for the purchase of food service equipment. In addition,
Section 248 calls for a study of the adequacy of cafeteria equipment commonly used in school
meal programs.
Section 246 authorizes the Agriculture Department (in consultation with the Environmental
Protection Agency) to establish a “green cafeterias” pilot program of competitive grants to
schools making environmentally suitable changes in their meal programs (e.g., recycling
activities and changes to their procurement practices).
As in the Senate bill, Section 301 provides for a guidance, a study, and regulations with regard to
charging school food service budgets for indirect costs.
Like the Senate bill, Section 302 requires that revenue from the sale of “non-program foods”
equals or exceeds the costs associated with obtaining them.
As in the Senate bill, Section 303 includes provisions for an expanded audit and compliance
review system
and the public reporting of review results. In addition, Section 304 funds a study of
effectiveness and efficiency of compliance/accountability reviews of schools.
Similar to the Senate bill, Section 363 calls for establishment of professional standards for
school food service directors.
Like the Senate bill, Section 308 changes rules covering the provision of Social Security account
numbers
to require that only the last four digits of the number be provided.
As in the Senate bill, Section 309 provides authority to levy fines on schools and state agencies
with serious violations of program rules.
Like the Senate bill, Section 311 requires states and child nutrition providers to cooperate with
the department in the conduct of program evaluations and studies.
Section 313 authorizes an examination of states’ policies and practices with respect to
participation of charter schools in school meal programs.
As with the Senate bill, Section 361 includes provisions to ensure that federally funded activities
are excluded from state budget limitations
.
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Like the Senate bill, Section 362 bars eligibility for providers that have been terminated from
another child nutrition program.
As in the Senate bill, Section 406 increases funding for federal administrative support activities.
In addition, Section 408 increases funding for the nutrition program information clearinghouse
to $1 million a year.

Author Contact Information

Joe Richardson

Specialist in Social Policy
jirichardson@crs.loc.gov, 7-7325


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