42 U.S.C. § 1751: Congressional declaration of policy

It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs. Notwithstanding any other provision of law, the Secretary shall allocate to each State that participates in the reimbursement program under paragraph (3) such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month, including, subject to paragraph (5)(B), administrative expenses necessary to make such reimbursements. Not later than 30 days after the date of the enactment of this section [ Dec. 27, 2020 ], the Secretary shall issue guidance with respect to the reimbursement program under paragraph (3). To participate in the reimbursement program under paragraph (3), not later than 30 days after the date described in paragraph (1)(B), a State shall submit an application to the Secretary that includes a plan to calculate and disburse reimbursements under the reimbursement program under paragraph (3). the average monthly amount such new school food authority was reimbursed under the reimbursement sections for meals and supplements served by such new school food authority during the alternate period; minus the amount such new school food authority was reimbursed under the reimbursement sections for meals and supplements served by such new school food authority during such reimbursement month. the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority for the month beginning one year before such reimbursement month; minus the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority during such reimbursement month. If a subtraction performed under subparagraph (A) or (B) of paragraph (3) results in a negative number, the reimbursement amount calculated under such subparagraph shall equal zero. In the case of a reimbursement under subparagraph (A) or (B) of paragraph (3) for the reimbursement month of March, 2020, the reimbursement amount shall be equal to the amount determined under such a subparagraph for such month, divided by 2. Funds allocated to a State under paragraph (1)(A) shall remain available until September 30, 2021 . A State may reserve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection. On March 31, 2022 , any amounts allocated to a State under paragraph (1)(A) or reimbursed to a school food authority or new school food authority under paragraph (3) that are unexpended by such State, school food authority, or new school food authority shall revert to the Secretary. submits a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the period beginning September 1, 2020 and ending December 31, 2020 ; or provides an assurance to such State that the school food authority or new school food authority will submit a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the first full semester (or equivalent term) after the conclusion of the public health emergency, as determined by such State. Each State that carries out a reimbursement program under paragraph (3) shall, not later than March 31, 2022 , submit a report to the Secretary that includes a summary of the use of such funds by the State and each school food authority and new school food authority in such State. Notwithstanding any other provision of law, the Secretary shall allocate to each State that participates in the reimbursement program under paragraph (3) such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month, including, subject to paragraph (5)(C), administrative expenses necessary to make such reimbursements. Not later than 30 days after the date of the enactment of this section [ Dec. 27, 2020 ], the Secretary shall issue guidance with respect to the reimbursement program under paragraph (3). To participate in the reimbursement program under paragraph (3), not later than 30 days after the date described in paragraph (1)(B), a State shall submit an application to the Secretary that includes a plan to calculate and disburse reimbursements under the reimbursement program under paragraph (3). the average monthly amount such new covered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) for meals and supplements served by such new covered institution during the alternate period; minus the amount such new covered institution was reimbursed under such section for meals and supplements served by such new covered institution during such reimbursement month. the amount such covered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) for meals and supplements served by such covered institution during the month beginning one year before such reimbursement month; minus the amount such covered institution was reimbursed under such section for meals and supplements served by such covered institution during such reimbursement month. the average monthly amount such new sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(f)(3)(B) ) for administrative funds for the alternate period; minus the amount such new sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for the reimbursement month. the amount such sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(f)(3)(B) ) for administrative funds for the month beginning one year before such reimbursement month; minus the amount such sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for such reimbursement month. If a subtraction performed under subparagraph (A), (B), (C), or (D) of paragraph (3) results in a negative number, the reimbursement amount calculated under such subparagraph shall equal zero. In the case of a reimbursement under subparagraph (A), (B), (C), or (D) of paragraph (3) for the reimbursement month of March, 2020, the reimbursement amount shall be equal to the amount determined under such a subparagraph for such month, divided by 2. Funds allocated to a State under paragraph (1)(A) shall remain available until September 30, 2021 . In the case of a covered institution or a new covered institution that is an unaffiliated center that is sponsored by a sponsoring organization and receives funds for a reimbursement month under subparagraph (A) or (B) of paragraph (3), such unaffiliated center shall provide to such sponsoring organization an amount of such funds as agreed to by the sponsoring organization and the unaffiliated center, except such amount may not be greater be [sic] than 15 percent of such funds. A State may reserve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection. On March 31, 2022 , any amounts allocated to a State under paragraph (1)(A) or reimbursed to a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home that are unexpended by such State, new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home, shall revert to the Secretary. submits a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the period beginning September 1, 2020 and ending December 31, 2020 ; or provides an assurance to such State that the new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home will submit a claim to such State for meals, supplements, or administrative costs with respect to a month occurring within 90 days after the conclusion of the public health emergency. Each State that carries out a reimbursement program under paragraph (3) shall, not later than March 31, 2022 , submit a report to the Secretary that includes a summary of the use of such funds by the State and each new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home. There are appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section. The term ‘alternate period’ means the period beginning January 1, 2020 and ending February 29, 2020 . during a public health emergency; that are related to the ongoing operation, modified operation, or temporary suspension of operation (including administrative costs) of such school food authority or new school food authority; and except as provided under subsection (a), that are not reimbursed under a Federal grant. during a public health emergency; that are related to the ongoing operation, modified operation, or temporary suspension of operation (including administrative costs) of such new covered institution, covered institution, new sponsoring organization of a family or group day care home, sponsoring organization of a family or group day care home, or sponsoring organization of an unaffiliated center; and except as provided under subsection (b), that are not reimbursed under a Federal grant. an institution (as defined in section 17(a)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(a)(2) )); and a family or group day care home. The term ‘new covered institution’ means a covered institution for which no reimbursements were made for meals and supplements under section 17(c) or (f) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 [(c), (f)]) with respect to the previous reimbursement period. The term ‘new school food authority’ means a school food authority for which no reimbursements were made under the reimbursement sections with respect to the previous reimbursement period. The term ‘new sponsoring organization of a family or group day care’ means a sponsoring organization of a family or group day care home for which no reimbursements for administrative funds were made under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(f)(3)(B) ) for the previous reimbursement period. The term ‘previous reimbursement period’ means the period beginning March 1, 2019 and ending June 30, 2019 . The term ‘public health emergency’ means a public health emergency declared pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) resulting from the COVID–19 pandemic or any renewal of such declaration pursuant to such section 319. The term ‘reimbursement month’ means March 2020, April 2020, May 2020, and June 2020. section 4(b), section 11(a)(2), section 13, and section 17A(c) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1753(b) ; 42 U.S.C. 1759a(a)(2) ; 42 U.S.C. 1761 ; 42 U.S.C. 1766a(c) ); and section 4 of the Child Nutrition Act ( 42 U.S.C. 1773 ). The term ‘Secretary’ means the Secretary of Agriculture. The term ‘State’ has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d)(8) ).” Not later than 180 days after the date of enactment of this Act [ Dec. 13, 2010 ], the Secretary [of Agriculture] shall issue guidance to school food authorities participating in the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) covering program rules pertaining to indirect costs, including allowable indirect costs that may be charged to the nonprofit school food service account. the allocation of indirect costs to, and the methodologies used to establish indirect cost rates for, school food authorities participating in the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); the impact of indirect costs charged to the nonprofit school food service account; the types and amounts of indirect costs charged and recovered by school districts; whether the indirect costs charged or recovered are consistent with requirements for the allocation of indirect costs and school food service operations; and the types and amounts of indirect costs that could be charged or recovered under requirements for the allocation of indirect costs and school food service operations but are not charged or recovered; and after completing the study required under paragraph (1), issue additional guidance relating to the types of costs that are reasonable and necessary to provide meals under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.). any identified deficiencies in the allocation of indirect costs; and the authority of school food authorities to reimburse only those costs identified by the Secretary as reasonable and necessary under subsection (b)(2). Not later than October 1, 2013 , the Secretary shall submit to the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study under subsection (b). On October 1, 2010 , out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $2,000,000, to remain available until expended. The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.” The Secretary of Agriculture shall develop proposed changes to the regulations under the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.), the summer food service program under section 13 of that Act ( 42 U.S.C. 1761 ), and the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ), for the purpose of simplifying and coordinating those programs into a comprehensive meal program. In developing proposed changes to the regulations under paragraph (1), the Secretary of Agriculture shall consult with local, State, and regional administrators of the programs described in such paragraph. Not later than November 1, 1997 , the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Economic and Educational Opportunities [now Committee on Education and the Workforce] of the House of Representatives a report containing the proposed changes developed under subsection (a).” undernutrition can permanently retard physical growth, brain development, and cognitive functioning of children; the longer a child’s nutritional, emotional, and educational needs go unmet, the greater the likelihood of cognitive impairment; low-income children who attend school hungry score significantly lower on standardized tests than non-hungry low-income children; and supplemental nutrition programs under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.) can help to offset threats posed to a child’s capacity to learn and perform in school that result from inadequate nutrient intake.” Notwithstanding any provision of [the] Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.), except as otherwise provided in this section, the Secretary of Agriculture shall, not later than 18 months after the date of enactment of this Act [ Nov. 2, 1994 ], develop and implement regulations to consolidate the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) and the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) into a comprehensive meal program. The Secretary shall ensure that the program continues to serve children who are eligible for free and reduced price meals. The meals shall meet the nutritional requirements of section 9(a)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(a)(1) ) and section 4(e)(1) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(e)(1) ). The Secretary shall continue to make breakfast assistance payments in accordance with section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) and food assistance payments in accordance with the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.). The Secretary may not consolidate any aspect of the school lunch program or the school breakfast program with respect to any matter described in any of subparagraphs (A) through (N) of section 12( l )(4) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760 ( l )(4)). Not later than 180 days prior to implementing the regulations described in subsection (a), the Secretary shall prepare and submit to the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a plan for the consolidation and simplification of the school lunch program and the school breakfast program. If the Secretary proposes to change the amount of the breakfast assistance payment or the food assistance payment under the comprehensive meal program, the Secretary shall not include the change in the consolidation and shall prepare and submit to the Committee on Education and Labor [now Committee on Education and the Workforce], and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate recommendations for legislation to effect the change.”