§ 1766. — Child and adult care food program.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC1766]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 13--SCHOOL LUNCH PROGRAMS
Sec. 1766. Child and adult care food program
(a) Grant authority and institution eligibility
(1) Grant authority
The Secretary may carry out a program to assist States through
grants-in-aid and other means to initiate and maintain nonprofit
food service programs for children in institutions providing child
care.
(2) Definition of institution
In this section, the term ``institution'' means--
(A) any public or private nonprofit organization providing
nonresidential child care or day care outside school hours for
school children, including any child care center, settlement
house, recreational center, Head Start center, and institution
providing child care facilities for children with disabilities;
(B) any other private organization providing nonresidential
child care or day care outside school hours for school children,
if--
(i) during the period beginning on December 21, 2000,
and ending on September 30, 2002, at least 25 percent of the
children served by the organization meet the income
eligibility criteria established under section 1758(b) of
this title for free or reduced price meals; or
(ii) the organization receives compensation from amounts
granted to the States under title XX of the Social Security
Act (42 U.S.C. 1397 et seq.) (but only if the organization
receives compensation under that title for at least 25
percent of its enrolled children or 25 percent of its
licensed capacity, whichever is less);
(C) any public or private nonprofit organization acting as a
sponsoring organization for one or more of the organizations
described in subparagraph (A) or (B) or for an adult day care
center (as defined in subsection (o)(2) of this section);
(D) any other private organization acting as a sponsoring
organization for, and that is part of the same legal entity as,
one or more organizations that are--
(i) described in subparagraph (B); or
(ii) proprietary title XIX or title XX centers (as
defined in subsection (o)(2) of this section);
(E) any public or private nonprofit organization acting as a
sponsoring organization for one or more family or group day care
homes; and
(F) any emergency shelter (as defined in subsection (t) of
this section).
(3) Age limit
Except as provided in subsection (r) of this section,
reimbursement may be provided under this section only for meals or
supplements served to children not over 12 years of age (except that
such age limitation shall not be applicable for children of migrant
workers if 15 years of age or less or for children with
disabilities).
(4) Additional guidelines
The Secretary may establish separate guidelines for institutions
that provide care to school children outside of school hours.
(5) Licensing
In order to be eligible, an institution (except a school or
family or group day care home sponsoring organization) or family or
group day care home shall--
(A)(i) be licensed, or otherwise have approval, by the
appropriate Federal, State, or local licensing authority; or
(ii) be in compliance with appropriate procedures for
renewing participation in the program, as prescribed by the
Secretary, and not be the subject of information possessed by
the State indicating that the license of the institution or home
will not be renewed;
(B) if Federal, State, or local licensing or approval is not
available--
(i) meet any alternate approval standards established by
the appropriate State or local governmental agency; or
(ii) meet any alternate approval standards established
by the Secretary after consultation with the Secretary of
Health and Human Services; or
(C) if the institution provides care to school children
outside of school hours and Federal, State, or local licensing
or approval is not required for the institution, meet State or
local health and safety standards.
(6) Eligibility criteria
No institution shall be eligible to participate in the program
unless it satisfies the following criteria:
(A) accepts final administrative and financial
responsibility for management of an effective food service;
(B) has not been seriously deficient in its operation of the
child care food program, or any other program under this chapter
or the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], or
has not been determined to be ineligible to participate in any
other publicly funded program by reason of violation of the
requirements of the program, for a period of time specified by
the Secretary;
(C)(i) will provide adequate supervisory and operational
personnel for overall monitoring and management of the child
care food program; and
(ii) in the case of a sponsoring organization, the
organization shall employ an appropriate number of monitoring
personnel based on the number and characteristics of child care
centers and family or group day care homes sponsored by the
organization, as approved by the State (in accordance with
regulations promulgated by the Secretary), to ensure effective
oversight of the operations of the child care centers and family
or group day care homes;
(D) in the case of a family or group day care home
sponsoring organization that employs more than one employee, the
organization does not base payments to an employee of the
organization on the number of family or group day care homes
recruited;
(E) in the case of a sponsoring organization, the
organization has in effect a policy that restricts other
employment by employees that interferes with the
responsibilities and duties of the employees of the organization
with respect to the program; and
(F) in the case of a sponsoring organization that applies
for initial participation in the program on or after June 20,
2000, and that operates in a State that requires such
institutions to be bonded under State law, regulation, or
policy, the institution is bonded in accordance with such law,
regulation, or policy.
(b) Limitations on cash assistance
For the fiscal year ending September 30, 1979, and for each
subsequent fiscal year, the Secretary shall provide cash assistance to
States for meals as provided in subsection (f) of this section, except
that, in any fiscal year, the aggregate amount of assistance provided to
a State by the Secretary under this section shall not exceed the sum of
(1) the Federal funds provided by the State to participating
institutions within the State for that fiscal year and (2) any funds
used by the State under section 10 of the Child Nutrition Act of 1966
[42 U.S.C. 1779].
(c) Formula for computation of payments; national average payment rate
(1) For purposes of this section, except as provided in subsection
(f)(3) of this section, the national average payment rate for free
lunches and suppers, the national average payment rate for reduced price
lunches and suppers, and the national average payment rate for paid
lunches and suppers shall be the same as the national average payment
rates for free lunches, reduced price lunches, and paid lunches,
respectively, under sections 1753 and 1759a of this title as appropriate
(as adjusted pursuant to section 1759a(a) of this title).
(2) For purposes of this section, except as provided in subsection
(f)(3) of this section, the national average payment rate for free
breakfasts, the national average payment rate for reduced price
breakfasts, and the national average payment rate for paid breakfasts
shall be the same as the national average payment rates for free
breakfasts, reduced price breakfasts, and paid breakfasts, respectively,
under section 4(b) of the Child Nutrition Act of 1966 [42 U.S.C.
1773(b)] (as adjusted pursuant to section 1759a(a) of this title).
(3) For purposes of this section, except as provided in subsection
(f)(3) of this section, the national average payment rate for free
supplements shall be 30 cents, the national average payment rate for
reduced price supplements shall be one-half the rate for free
supplements, and the national average payment rate for paid supplements
shall be 2.75 cents (as adjusted pursuant to section 1759a(a) of this
title).
(4) Determinations with regard to eligibility for free and reduced
price meals and supplements shall be made in accordance with the income
eligibility guidelines for free lunches and reduced price lunches,
respectively, under section 1758 of this title.
(5) A child shall be considered automatically eligible for benefits
under this section without further application or eligibility
determination, if the child is enrolled as a participant in a Head Start
program authorized under the Head Start Act (42 U.S.C. 9831 et seq.), on
the basis of a determination that the child is a member of a family that
meets the low-income criteria prescribed under section 645(a)(1)(A) of
the Head Start Act (42 U.S.C. 9840(a)(1)(A)).
(6) A child who has not yet entered kindergarten shall be considered
automatically eligible for benefits under this section without further
application or eligibility determination if the child is enrolled as a
participant in the Even Start program under part B of chapter 1 of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741
et seq.).\1\
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\1\ See References in Text note below.
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(d) Institution approval and applications
(1) Institution approval.--
(A) Administrative capability.--Subject to subparagraph (B) and
except as provided in subparagraph (C), the State agency shall
approve an institution that meets the requirements of this section
for participation in the child and adult care food program if the
State agency determines that the institution--
(i) is financially viable;
(ii) is administratively capable of operating the program
(including whether the sponsoring organization has business
experience and management plans appropriate to operate the
program) described in the application of the institution; and
(iii) has internal controls in effect to ensure program
accountability.
(B) Approval of private institutions.--
(i) In general.--In addition to the requirements established
by subparagraph (A) and subject to clause (ii), the State agency
shall approve a private institution that meets the requirements
of this section for participation in the child and adult care
food program only if--
(I) the State agency conducts a satisfactory visit to
the institution before approving the participation of the
institution in the program; and
(II) the institution--
(aa) has tax exempt status under title 26;
(bb) is operating a Federal program requiring
nonprofit status to participate in the program; or
(cc) is described in subsection (a)(2)(B) of this
section.
(ii) Exception for family or group day care homes.--Clause
(i) shall not apply to a family or group day care home.
(C) Exception for certain sponsoring organizations.--
(i) In general.--The State agency may approve an eligible
institution acting as a sponsoring organization for one or more
family or group day care homes or centers that, at the time of
application, is not participating in the child and adult care
food program only if the State agency determines that--
(I) the institution meets the requirements established
by subparagraphs (A) and (B); and
(II) the participation of the institution will help to
ensure the delivery of benefits to otherwise unserved family
or group day care homes or centers or to unserved children
in an area.
(ii) Criteria for selection.--The State agency shall
establish criteria for approving an eligible institution acting
as a sponsoring organization for one or more family or group day
care homes or centers that, at the time of application, is not
participating in the child and adult care food program for the
purpose of determining if the participation of the institution
will help ensure the delivery of benefits to otherwise unserved
family or group day care homes or centers or to unserved
children in an area.
(D) Notification to applicants.--Not later than 30 days after
the date on which an applicant institution files a completed
application with the State agency, the State agency shall notify the
applicant institution whether the institution has been approved or
disapproved to participate in the child and adult care food program.
(2)(A) The Secretary shall develop a policy that--
(i) allows institutions providing child care that participate in
the program under this section, at the option of the State agency,
to reapply for assistance under this section at 3-year intervals;
(ii)(I) requires periodic unannounced site visits at not less
than 3-year intervals to sponsored child care centers and family or
group day care homes to identify and prevent management deficiencies
and fraud and abuse under the program;
(II) requires at least one scheduled site visit each year to
sponsored child care centers and family or group day care homes to
identify and prevent management deficiencies and fraud and abuse
under the program and to improve program operations; and
(III) requires at least one scheduled site visit at not less
than 3-year intervals to sponsoring organizations and nonsponsored
child care centers to identify and prevent management deficiencies
and fraud and abuse under the program and to improve program
operations; and
(iii) requires periodic site visits to private institutions that
the State agency determines have a high probability of program
abuse.
(B) Each State agency that exercises the option authorized by
subparagraph (A) shall confirm on an annual basis that each such
institution is in compliance with the licensing or approval provisions
of subsection (a)(5) of this section.
(3) Program information.--
(A) In general.--On enrollment of a child in a sponsored child
care center or family or group day care home participating in the
program, the center or home (or its sponsoring organization) shall
provide to the child's parents or guardians--
(i) information that describes the program and its benefits;
and
(ii) the name and telephone number of the sponsoring
organization of the center or home and the State agency involved
in the operation of the program.
(B) Form.--The information described in subparagraph (A) shall
be in a form and, to the maximum extent practicable, language easily
understandable by the child's parents or guardians.
(4) Allowable administrative expenses for sponsoring
organizations.--In consultation with State agencies and sponsoring
organizations, the Secretary shall develop, and provide for the
dissemination to State agencies and sponsoring organizations of, a list
of allowable reimbursable administrative expenses for sponsoring
organizations under the program.
(5) Termination or suspension of participating organizations.--
(A) In general.--The Secretary shall establish procedures for
the termination of participation by institutions and family or group
day care homes under the program.
(B) Standards.--Procedures established pursuant to subparagraph
(A) shall include standards for terminating the participation of an
institution or family or group day care home that--
(i) engages in unlawful practices, falsifies information
provided to the State agency, or conceals a criminal background;
or
(ii) substantially fails to fulfill the terms of its
agreement with the State agency.
(C) Corrective action.--Procedures established pursuant to
subparagraph (A)--
(i) shall require an entity described in subparagraph (B) to
undertake corrective action; and
(ii) may require the immediate suspension of operation of
the program by an entity described in subparagraph (B), without
the opportunity for corrective action, if the State agency
determines that there is imminent threat to the health or safety
of a participant at the entity or the entity engages in any
activity that poses a threat to public health or safety.
(D) Hearing.--
(i) In general.--Except as provided in clause (ii), an
institution or family or group day care home shall be provided a
fair hearing in accordance with subsection (e)(1) of this
section prior to any determination to terminate participation by
the institution or family or group day care home under the
program.
(ii) Exception for false or fraudulent claims.--
(I) In general.--If a State agency determines that an
institution has knowingly submitted a false or fraudulent
claim for reimbursement, the State agency may suspend the
participation of the institution in the program in
accordance with this clause.
(II) Requirement for review.--Prior to any determination
to suspend participation of an institution under subclause
(I), the State agency shall provide for an independent
review of the proposed suspension in accordance with
subclause (III).
(III) Review procedure.--The review shall--
(aa) be conducted by an independent and impartial
official other than, and not accountable to, any person
involved in the determination to suspend the
institution;
(bb) provide the State agency and the institution
the right to submit written documentation relating to
the suspension, including State agency documentation of
the alleged false or fraudulent claim for reimbursement
and the response of the institution to the
documentation;
(cc) require the reviewing official to determine,
based on the review, whether the State agency has
established, based on a preponderance of the evidence,
that the institution has knowingly submitted a false or
fraudulent claim for reimbursement;
(dd) require the suspension to be in effect for not
more than 120 calendar days after the institution has
received notification of a determination of suspension
in accordance with this clause; and
(ee) require the State agency during the suspension
to ensure that payments continue to be made to sponsored
centers and family and group day care homes meeting the
requirements of the program.
(IV) Hearing.--A State agency shall provide an
institution that has been suspended from participation in
the program under this clause an opportunity for a fair
hearing on the suspension conducted in accordance with
subsection (e)(1) of this section.
(E) List of disqualified institutions and individuals.--
(i) In general.--The Secretary shall maintain a list of
institutions, sponsored family or group day care homes, and
individuals that have been terminated or otherwise disqualified
from participation in the program.
(ii) Availability.--The Secretary shall make the list
available to State agencies for use in approving or renewing
applications by institutions, sponsored family or group day care
homes, and individuals for participation in the program.
(e) Hearing
(1) Except as provided in paragraph (2), the State shall provide, in
accordance with regulations issued by the Secretary, a fair hearing and
a prompt determination to any institution aggrieved by the action of the
State as it affects the participation of such institution in the program
authorized by this section, or its claim for reimbursement under this
section.
(2) A State is not required to provide a hearing to an institution
concerning a State action taken on the basis of a Federal audit
determination.
(3) If a State does not provide a hearing to an institution
concerning a State action taken on the basis of a Federal audit
determination, the Secretary, on request, shall afford a hearing to the
institution concerning the action.
(f) State disbursements to institutions
(1) In general.--
(A) Requirement.--Funds paid to any State under this section
shall be disbursed to eligible institutions by the State under
agreements approved by the Secretary. Disbursements to any
institution shall be made only for the purpose of assisting in
providing meals to children attending institutions, or in family or
group day care homes. Disbursement to any institution shall not be
dependent upon the collection of moneys from participating children.
All valid claims from such institutions shall be paid within forty-
five days of receipt by the State. The State shall notify the
institution within fifteen days of receipt of a claim if the claim
as submitted is not valid because it is incomplete or incorrect.
(B) Fraud or abuse.--
(i) In general.--The State may recover funds disbursed under
subparagraph (A) to an institution if the State determines that
the institution has engaged in fraud or abuse with respect to
the program or has submitted an invalid claim for reimbursement.
(ii) Payment.--Amounts recovered under clause (i)--
(I) may be paid by the institution to the State over a
period of one or more years; and
(II) shall not be paid from funds used to provide meals
and supplements.
(iii) Hearing.--An institution shall be provided a fair
hearing in accordance with subsection (e)(1) of this section
prior to any determination to recover funds under this
subparagraph.
(2)(A) Subject to subparagraph (B) of this paragraph, the
disbursement for any fiscal year to any State for disbursement to
institutions, other than family or group day care home sponsoring
organizations, for meals provided under this section shall be equal to
the sum of the products obtained by multiplying the total number of each
type of meal (breakfast, lunch or supper, or supplement) served in such
institution in that fiscal year by the applicable national average
payment rate for each such type of meal, as determined under subsection
(c) of this section.
(B) No reimbursement may be made to any institution under this
paragraph, or to family or group day care home sponsoring organizations
under paragraph (3) of this subsection, for more than two meals and one
supplement per day per child, or in the case of an institution (but not
in the case of a family or group day care home sponsoring organization),
2 meals and 1 supplement per day per child, for children that are
maintained in a child care setting for eight or more hours per day.
(C) Limitation on administrative expenses for certain sponsoring
organizations.--
(i) In general.--Except as provided in clause (ii), a sponsoring
organization of a day care center may reserve not more than 15
percent of the funds provided under paragraph (1) for the
administrative expenses of the organization.
(ii) Waiver.--A State may waive the requirement in clause (i)
with respect to a sponsoring organization if the organization
provides justification to the State that the organization requires
funds in excess of 15 percent of the funds provided under paragraph
(1) to pay the administrative expenses of the organization.
(3) Reimbursement of family or group day care home sponsoring
organizations.--
(A) Reimbursement factor.--
(i) In general.--An institution that participates in the
program under this section as a family or group day care home
sponsoring organization shall be provided, for payment to a home
sponsored by the organization, reimbursement factors in
accordance with this subparagraph for the cost of obtaining and
preparing food and prescribed labor costs involved in providing
meals under this section.
(ii) Tier i family or group day care homes.--
(I) Definition of tier i family or group day care
home.--In this paragraph, the term ``tier I family or group
day care home'' means--
(aa) a family or group day care home that is located
in a geographic area, as defined by the Secretary based
on census data, in which at least 50 percent of the
children residing in the area are members of households
whose incomes meet the income eligibility guidelines for
free or reduced price meals under section 1758 of this
title;
(bb) a family or group day care home that is located
in an area served by a school enrolling elementary
students in which at least 50 percent of the total
number of children enrolled are certified eligible to
receive free or reduced price school meals under this
chapter or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.); or
(cc) a family or group day care home that is
operated by a provider whose household meets the income
eligibility guidelines for free or reduced price meals
under section 1758 of this title and whose income is
verified by the sponsoring organization of the home
under regulations established by the Secretary.
(II) Reimbursement.--Except as provided in subclause
(III), a tier I family or group day care home shall be
provided reimbursement factors under this clause without a
requirement for documentation of the costs described in
clause (i), except that reimbursement shall not be provided
under this subclause for meals or supplements served to the
children of a person acting as a family or group day care
home provider unless the children meet the income
eligibility guidelines for free or reduced price meals under
section 1758 of this title.
(III) Factors.--Except as provided in subclause (IV),
the reimbursement factors applied to a home referred to in
subclause (II) shall be the factors in effect on July 1,
1996.
(IV) Adjustments.--The reimbursement factors under this
subparagraph shall be adjusted on July 1, 1997, and each
July 1 thereafter, to reflect changes in the Consumer Price
Index for food at home for the most recent 12-month period
for which the data are available. The reimbursement factors
under this subparagraph shall be rounded to the nearest
lower cent increment and based on the unrounded adjustment
in effect on June 30 of the preceding school year.
(iii) Tier ii family or group day care homes.--
(I) In general.--
(aa) Factors.--Except as provided in subclause (II),
with respect to meals or supplements served under this
clause by a family or group day care home that does not
meet the criteria set forth in clause (ii)(I), the
reimbursement factors shall be 95 cents for lunches and
suppers, 27 cents for breakfasts, and 13 cents for
supplements.
(bb) Adjustments.--The factors shall be adjusted on
July 1, 1997, and each July 1 thereafter, to reflect
changes in the Consumer Price Index for food at home for
the most recent 12-month period for which the data are
available. The reimbursement factors under this item
shall be rounded down to the nearest lower cent
increment and based on the unrounded adjustment for the
preceding 12-month period.
(cc) Reimbursement.--A family or group day care home
shall be provided reimbursement factors under this
subclause without a requirement for documentation of the
costs described in clause (i), except that reimbursement
shall not be provided under this subclause for meals or
supplements served to the children of a person acting as
a family or group day care home provider unless the
children meet the income eligibility guidelines for free
or reduced price meals under section 1758 of this title.
(II) Other factors.--A family or group day care home
that does not meet the criteria set forth in clause (ii)(I)
may elect to be provided reimbursement factors determined in
accordance with the following requirements:
(aa) Children eligible for free or reduced price
meals.--In the case of meals or supplements served under
this subsection to children who are members of
households whose incomes meet the income eligibility
guidelines for free or reduced price meals under section
1758 of this title, the family or group day care home
shall be provided reimbursement factors set by the
Secretary in accordance with clause (ii)(III).
(bb) Ineligible children.--In the case of meals or
supplements served under this subsection to children who
are members of households whose incomes do not meet the
income eligibility guidelines, the family or group day
care home shall be provided reimbursement factors in
accordance with subclause (I).
(III) Information and determinations.--
(aa) In general.--If a family or group day care home
elects to claim the factors described in subclause (II),
the family or group day care home sponsoring
organization serving the home shall collect the
necessary income information, as determined by the
Secretary, from any parent or other caretaker to make
the determinations specified in subclause (II) and shall
make the determinations in accordance with rules
prescribed by the Secretary.
(bb) Categorical eligibility.--In making a
determination under item (aa), a family or group day
care home sponsoring organization may consider a child
participating in or subsidized under, or a child with a
parent participating in or subsidized under, a federally
or State supported child care or other benefit program
with an income eligibility limit that does not exceed
the eligibility standard for free or reduced price meals
under section 1758 of this title to be a child who is a
member of a household whose income meets the income
eligibility guidelines under section 1758 of this title.
(cc) Factors for children only.--A family or group
day care home may elect to receive the reimbursement
factors prescribed under clause (ii)(III) solely for the
children participating in a program referred to in item
(bb) if the home elects not to have income statements
collected from parents or other caretakers.
(IV) Simplified meal counting and reporting
procedures.--The Secretary shall prescribe simplified meal
counting and reporting procedures for use by a family or
group day care home that elects to claim the factors under
subclause (II) and by a family or group day care home
sponsoring organization that sponsors the home. The
procedures the Secretary prescribes may include 1 or more of
the following:
(aa) Setting an annual percentage for each home of
the number of meals served that are to be reimbursed in
accordance with the reimbursement factors prescribed
under clause (ii)(III) and an annual percentage of the
number of meals served that are to be reimbursed in
accordance with the reimbursement factors prescribed
under subclause (I), based on the family income of
children enrolled in the home in a specified month or
other period.
(bb) Placing a home into 1 of 2 or more
reimbursement categories annually based on the
percentage of children in the home whose households have
incomes that meet the income eligibility guidelines
under section 1758 of this title, with each such
reimbursement category carrying a set of reimbursement
factors such as the factors prescribed under clause
(ii)(III) or subclause (I) or factors established within
the range of factors prescribed under clause (ii)(III)
and subclause (I).
(cc) Such other simplified procedures as the
Secretary may prescribe.
(V) Minimum verification requirements.--The Secretary
may establish any minimum verification requirements that are
necessary to carry out this clause.
(B) Family or group day care home sponsoring organizations shall
also receive reimbursement for their administrative expenses in
amounts not exceeding the maximum allowable levels prescribed by the
Secretary. Such levels shall be adjusted July 1 of each year to
reflect changes in the Consumer Price Index for all items for the
most recent 12-month period for which such data are available.
(C)(i) Reimbursement for administrative expenses shall also
include start-up funds to finance the administrative expenses for
such institutions to initiate successful operation under the program
and expansion funds to finance the administrative expenses for such
institutions to expand into low-income or rural areas. Institutions
that have received start-up funds may also apply at a later date for
expansion funds. Such start-up funds and expansion funds shall be in
addition to other reimbursement to such institutions for
administrative expenses. Start-up funds and expansion funds shall be
payable to enable institutions satisfying the criteria of subsection
(d) of this section, and any other standards prescribed by the
Secretary, to develop an application for participation in the
program as a family or group day care home sponsoring organization
or to implement the program upon approval of the application. Such
start-up funds and expansion funds shall be payable in accordance
with the procedures prescribed by the Secretary. The amount of
start-up funds and expansion funds payable to an institution shall
be not less than the institution's anticipated reimbursement for
administrative expenses under the program for one month and not more
than the institution's anticipated reimbursement for administrative
expenses under the program for two months.
(ii) Funds for administrative expenses may be used by family or
group day care home sponsoring organizations to assist unlicensed
family or group day care homes in becoming licensed.
(D) Limitations on ability of family or group day care homes to
transfer sponsoring organizations.--
(i) In general.--Subject to clause (ii), a State agency
shall limit the ability of a family or group day care home to
transfer from a sponsoring organization to another sponsoring
organization more frequently than once a year.
(ii) Good cause.--The State agency may permit or require a
family or group day care home to transfer from a sponsoring
organization to another sponsoring organization more frequently
than once a year for good cause (as determined by the State
agency), including circumstances in which the sponsoring
organization of the family or group day care home ceases to
participate in the child and adult care food program.
(E) Provision of data to family or group day care home
sponsoring organizations.--
(i) Census data.--The Secretary shall provide to each State
agency administering a child and adult care food program under
this section data from the most recent decennial census survey
or other appropriate census survey for which the data are
available showing which areas in the State meet the requirements
of subparagraph (A)(ii)(I)(aa). The State agency shall provide
the data to family or group day care home sponsoring
organizations located in the State.
(ii) School data.--
(I) In general.--A State agency administering the school
lunch program under this chapter or the school breakfast
program under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) shall provide to approved family or group day
care home sponsoring organizations a list of schools serving
elementary school children in the State in which not less
than \1/2\ of the children enrolled are certified to receive
free or reduced price meals. The State agency shall collect
the data necessary to create the list annually and provide
the list on a timely basis to any approved family or group
day care home sponsoring organization that requests the
list.
(II) Use of data from preceding school year.--In
determining for a fiscal year or other annual period whether
a home qualifies as a tier I family or group day care home
under subparagraph (A)(ii)(I), the State agency
administering the program under this section, and a family
or group day care home sponsoring organization, shall use
the most current available data at the time of the
determination.
(iii) Duration of determination.--For purposes of this
section, a determination that a family or group day care home is
located in an area that qualifies the home as a tier I family or
group day care home (as the term is defined in subparagraph
(A)(ii)(I)), shall be in effect for 3 years (unless the
determination is made on the basis of census data, in which case
the determination shall remain in effect until more recent
census data are available) unless the State agency determines
that the area in which the home is located no longer qualifies
the home as a tier I family or group day care home.
(4) By the first day of each month of operation, the State may
provide advance payments for the month to each approved institution in
an amount that reflects the full level of valid claims customarily
received from such institution for one month's operation. In the case of
a newly participating institution, the amount of the advance shall
reflect the State's best estimate of the level of valid claims such
institutions will submit. If the State has reason to believe that an
institution will not be able to submit a valid claim covering the period
for which such an advance has been made, the subsequent month's advance
payment shall be withheld until the State receives a valid claim.
Payments advanced to institutions that are not subsequently deducted
from a valid claim for reimbursement shall be repaid upon demand by the
State. Any prior payment that is under dispute may be subtracted from an
advance payment.
(g) Meals served by participating institutions; compliance assistance
(1)(A) Meals served by institutions participating in the program
under this section shall consist of a combination of foods that meet
minimum nutritional requirements prescribed by the Secretary on the
basis of tested nutritional research.
(B) The Secretary shall provide technical assistance to those
institutions participating in the program under this section to assist
the institutions and family or group day care home sponsoring
organizations in complying with the nutritional requirements prescribed
by the Secretary pursuant to subparagraph (A).
(2) No physical segregation or other discrimination against any
child shall be made because of his or her inability to pay, nor shall
there be any overt identification of any such child by special tokens or
tickets, different meals or meal service, announced or published lists
of names, or other means.
(3) Each institution shall, insofar as practicable, use in its food
service foods designated from time to time by the Secretary as being in
abundance, either nationally or in the food service area, or foods
donated by the Secretary.
(h) Donation of agricultural commodities by Secretary; measurement of
value; annual readjustment of assistance; cash in lieu of
commodities; Department of Defense child care feeding program
(1)(A) The Secretary shall donate agricultural commodities produced
in the United States for use in institutions participating in the child
care food program under this section.
(B) The value of the commodities donated under subparagraph (A) (or
cash in lieu of commodities) to each State for each school year shall
be, at a minimum, the amount obtained by multiplying the number of
lunches and suppers served in participating institutions in that State
during the preceding school year by the rate for commodities or cash in
lieu of commodities established under section 1755(c) of this title for
the school year concerned.
(C) After the end of each school year, the Secretary shall--
(i) reconcile the number of lunches and suppers served in
participating institutions in each State during such school year
with the number of lunches and suppers served by participating
institutions in each State during the preceding school year; and
(ii) based on such reconciliation, increase or reduce subsequent
commodity assistance or cash in lieu of commodities provided to each
State.
(D) Any State receiving assistance under this section for
institutions participating in the child care food program may, upon
application to the Secretary, receive cash in lieu of some or all of the
commodities to which it would otherwise be entitled under this
subsection. In determining whether to request cash in lieu of
commodities, the State shall base its decision on the preferences of
individual participating institutions within the State, unless this
proves impracticable due to the small number of institutions preferring
donated commodities.
(2) The Secretary is authorized to provide agricultural commodities
obtained by the Secretary under the provisions of the Agricultural Act
of 1949 (7 U.S.C. 1421 et seq.) and donated under the provisions of
section 416 of such Act [7 U.S.C. 1431], to the Department of Defense
for use by its institutions providing child care services, when such
commodities are in excess of the quantities needed to meet the needs of
all other child nutrition programs, domestic and foreign food assistance
and export enhancement programs. The Secretary shall require
reimbursement from the Department of Defense for the costs, or some
portion thereof, of delivering such commodities to overseas locations,
unless the Secretary determines that it is in the best interest of the
program that the Department of Agriculture shall assume such costs.
(i) Availability of money for audits
The Secretary shall make available for each fiscal year to States
administering the child care food program, for the purpose of conducting
audits of participating institutions, an amount up to 1.5 percent
(except, in the case of each of fiscal years 2005 through 2007, 1
percent) of the funds used by each State in the program under this
section, during the second preceding fiscal year.
(j) Standard form agreement regulations
The Secretary may issue regulations directing States to develop and
provide for the use of a standard form of agreement between each family
or group day care sponsoring organization and the family or group day
care homes participating in the program under such organization, for the
purpose of specifying the rights and responsibilities of each party.
(k) Training and technical assistance
A State participating in the program established under this section
shall provide sufficient training, technical assistance, and monitoring
to facilitate effective operation of the program. The Secretary shall
assist the State in developing plans to fulfill the requirements of this
subsection.
(l) Non-diminishment of State and local funds
Expenditures of funds from State and local sources for the
maintenance of food programs for children shall not be diminished as a
result of funds received under this section.
(m) Accounts and records
States and institutions participating in the program under this
section shall keep such accounts and records as may be necessary to
enable the Secretary to determine whether there has been compliance with
the requirements of this section. Such accounts and records shall be
available at any reasonable time for inspection and audit by
representatives of the Secretary, the Comptroller General of the United
States, and appropriate State representatives and shall be preserved for
such period of time, not in excess of five years, as the Secretary
determines necessary.
(n) Authorization of appropriations
There are hereby authorized to be appropriated for each fiscal year
such funds as are necessary to carry out the purposes of this section.
(o) Participation of older persons and chronically impaired disabled
persons
(1) For purposes of this section, adult day care centers shall be
considered eligible institutions for reimbursement for meals or
supplements served to persons 60 years of age or older or to chronically
impaired disabled persons, including victims of Alzheimer's disease and
related disorders with neurological and organic brain dysfunction.
Reimbursement provided to such institutions for such purposes shall
improve the quality of meals or level of services provided or increase
participation in the program. Lunches served by each such institution
for which reimbursement is claimed under this section shall provide, on
the average, approximately \1/3\ of the daily recommended dietary
allowance established by the Food and Nutrition Board of the National
Research Council of the National Academy of Sciences. Such institutions
shall make reasonable efforts to serve meals that meet the special
dietary requirements of participants, including efforts to serve foods
in forms palatable to participants.
(2) For purposes of this subsection--
(A) the term ``adult day care center'' means any public agency
or private nonprofit organization, or any proprietary title XIX or
title XX center, which--
(i) is licensed or approved by Federal, State, or local
authorities to provide adult day care services to chronically
impaired disabled adults or persons 60 years of age or older in
a group setting outside their homes, or a group living
arrangement, on a less than 24-hour basis; and
(ii) provides for such care and services directly or under
arrangements made by the agency or organization whereby the
agency or organization maintains professional management
responsibility for all such services; and
(B) the term ``proprietary title XIX or title XX center'' means
any private, for-profit center providing adult day care services for
which it receives compensation from amounts granted to the States
under title XIX or XX of the Social Security Act [42 U.S.C. 1396 et
seq., 1397 et seq.] and which title XIX or title XX beneficiaries
were not less than 25 percent of enrolled eligible participants in a
calendar month preceding initial application or annual reapplication
for program participation.
(3)(A) The Secretary, in consulation \2\ with the Assistant
Secretary for Aging, shall establish, within 6 months of October 1,
1988, separate guidelines for reimbursement of institutions described in
this subsection. Such reimbursement shall take into account the
nutritional requirements of eligible persons, as determined by the
Secretary on the basis of tested nutritional research, except that such
reimbursement shall not be less than would otherwise be required under
this section.
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\2\ So in original. Probably should be ``consultation''.
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(B) The guidelines shall contain provisions designed to assure that
reimbursement under this subsection shall not duplicate reimbursement
under part C of title III of the Older Americans Act of 1965 [42 U.S.C.
3030e et seq.], for the same meal served.
(4) For the purpose of establishing eligibility for free or reduced
price meals or supplements under this subsection, income shall include
only the income of an eligible person and, if any, the spouse and
dependents with whom the eligible person resides.
(5) A person described in paragraph (1) shall be considered
automatically eligible for free meals or supplements under this
subsection, without further application or eligibility determination, if
the person is--
(A) a member of a household receiving assistance under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or
(B) a recipient of assistance under title XVI or XIX of the
Social Security Act [42 U.S.C. 1381 et seq., 1396 et seq.].
(6) The Governor of any State may designate to administer the
program under this subsection a State agency other than the agency that
administers the child care food program under this section.
(p) Demonstration projects for qualification under this section of
private for-profit organizations providing nonresidential day
care services
(1) From amounts appropriated or otherwise made available for
purposes of carrying out this section, the Secretary shall carry out
State-wide demonstration projects in three States under which private
for-profit organizations providing nonresidential day care services
shall qualify as institutions for the purposes of this section. An
organization may participate in a demonstration project described in the
preceding sentence if--
(A) at least 25 percent of the children enrolled in the
organization or 25 percent of the licensed capacity of the
organization for children, whichever is less, meet the income
eligibility criteria established under section 1758(b) of this title
for free or reduced price meals; and
(B) as a result of the participation of the organization in the
project--
(i) the nutritional content or quality of meals and snacks
served to children under the care of such organization will be
improved; or
(ii) fees charged by such organization for the care of the
children described in subparagraph (A) will be lowered.
(2) Under each such project, the Secretary shall examine--
(A) the budgetary impact of the change in eligibility being
tested;
(B) the extent to which, as a result of such change, additional
low-income children can be reached; and
(C) which outreach methods are most effective.
(3) The Secretary shall choose to conduct demonstration projects
under this subsection in--
(A) 1 State that--
(i) has a history of participation of for-profit
organizations in the child care food program;
(ii) allocates a significant proportion of the amounts it
receives for child care under title XX of the Social Security
Act [42 U.S.C. 1397 et seq.] in a manner that allows low-income
parents to choose the type of child care their children will
receive;
(iii) has other funding mechanisms that support parental
choice for child care;
(iv) has a large, State-regulated for-profit child care
industry that serves low-income children; and
(v) has large sponsors of family or group day care homes
that have a history of recruiting and sponsoring for-profit
child care centers in the child care food program;
(B) 1 State in which--
(i) the majority of children for whom child care
arrangements are made are being cared for in center-based child
care facilities;
(ii) for-profit child care centers and preschools are
located throughout the State and serve both rural and urban
populations;
(iii) at least \1/3\ of the licensed child care centers and
preschools operate as for-profit facilities;
(iv) all licensed facilities are subject to identical
nutritional requirements for food service that are similar to
those required under the child care food program; and
(v) less than 1 percent of child care centers participating
in the child care food program receive assistance under title XX
of the Social Security Act [42 U.S.C. 1397 et seq.]; and
(C) one other State--
(i) with fewer than 60,000 children below 5 years of age;
(ii) that serves more than the national average proportion
of children potentially eligible for assistance provided under
the Child Care and Development Fund (as indicated in data
published by the Department of Health and Human Services in
October 1999);
(iii) that exempts all low-income families from cost sharing
requirements under programs funded by the Child Care and
Development Fund; and
(iv) in which State spending represents more than 50 percent
of total expenditures reported for fiscal year 1998 under the
Child Care and Development Fund.
(q) Management support
(1) Technical and training assistance
In addition to the training and technical assistance that is
provided to State agencies under other provisions of this chapter
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the
Secretary shall provide training and technical assistance in order
to assist the State agencies in improving their program management
and oversight under this section.
(2) Technical and training assistance for identification and
prevention of fraud and abuse
As part of training and technical assistance provided under
paragraph (1), the Secretary shall provide training on a continuous
basis to State agencies, and shall ensure that such training is
provided to sponsoring organizations, for the identification and
prevention of fraud and abuse under the program and to improve
management of the program.
(3) Funding
For each of fiscal years 1999 through 2003, the Secretary shall
reserve to carry out paragraph (1) $1,000,000 of the amounts made
available to carry out this section.
(r) Program for at-risk school children
(1) Definition of at-risk school child
In this subsection, the term ``at-risk school child'' means a
school child who--
(A) is not more than 18 years of age, except that the age
limitation provided by this subparagraph shall not apply to a
child described in section 1760(d)(1)(A) of this title; and
(B) participates in a program authorized under this section
operated at a site located in a geographical area served by a
school in which at least 50 percent of the children enrolled are
certified as eligible to receive free or reduced price school
meals under this chapter or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(2) Participation in child and adult care food program
An institution may participate in the program authorized under
this section only if the institution provides meals or supplements
under a program--
(A) organized primarily to provide care to at-risk school
children during after-school hours, weekends, or holidays during
the regular school year; and
(B) with an educational or enrichment purpose.
(3) Administration
Except as otherwise provided in this subsection, the other
provisions of this section apply to an institution described in
paragraph (2).
(4) Meal and supplement reimbursement
(A) Limitations
An institution may claim reimbursement under this subsection
only for one meal per child per day and one supplement per child
per day served under a program organized primarily to provide
care to at-risk school children during after-school hours,
weekends, or holidays during the regular school year.
(B) Rates
(i) Meals
A meal shall be reimbursed under this subsection at the
rate established for free meals under subsection (c) of this
section.
(ii) Supplements
A supplement shall be reimbursed under this subsection
at the rate established for a free supplement under
subsection (c)(3) of this section.
(C) No charge
A meal or supplement claimed for reimbursement under this
subsection shall be served without charge.
(5) Limitation
The Secretary shall limit reimbursement under this subsection
for meals served under a program to institutions located in seven
States, of which five States shall be Illinois, Pennsylvania,
Missouri, Delaware, and Michigan and two States shall be approved by
the Secretary through a competitive application process.
(s) Information concerning the special supplemental nutrition program
for women, infants, and children
(1) In general
The Secretary shall provide each State agency administering a
child and adult care food program under this section with
information concerning the special supplemental nutrition program
for women, infants, and children authorized under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786).
(2) Requirements for State agencies
Each State agency shall ensure that each participating family
and group day care home and child care center (other than an
institution providing care to school children outside school
hours)--
(A) receives materials that include--
(i) a basic explanation of the importance and benefits
of the special supplemental nutrition program for women,
infants, and children;
(ii) the maximum State income eligibility standards,
according to family size, for the program; and
(iii) information concerning how benefits under the
program may be obtained;
(B) receives periodic updates of the information described
in subparagraph (A); and
(C) provides the information described in subparagraph (A)
to parents of enrolled children at enrollment.
(t) Participation by emergency shelters
(1) Definition of emergency shelter
In this subsection, the term ``emergency shelter'' means--
(A) an emergency shelter (as defined in section 11351 of
this title); or
(B) a site operated by the shelter.
(2) Administration
Except as otherwise provided in this subsection, an emergency
shelter shall be eligible to participate in the program authorized
under this section in accordance with the terms and conditions
applicable to eligible institutions described in subsection (a) of
this section.
(3) Licensing requirements
The licensing requirements contained in subsection (a)(1) \3\ of
this section shall not apply to an emergency shelter.
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\3\ See References in Text note below.
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(4) Health and safety standards
To be eligible to participate in the program authorized under
this section, an emergency shelter shall comply with applicable
State or local health and safety standards.
(5) Meal or supplement reimbursement
(A) Limitations
An emergency shelter may claim reimbursement under this
subsection--
(i) only for a meal or supplement served to children
residing at an emergency shelter, if the children are--
(I) not more than 12 years of age;
(II) children of migrant workers, if the children
are not more than 15 years of age; or
(III) children with disabilities; and
(ii) for not more than 3 meals, or 2 meals and a
supplement, per child per day.
(B) Rate
A meal or supplement eligible for reimbursement shall be
reimbursed at the rate at which free meals and supplements are
reimbursed under subsection (c) of this section.
(C) No charge
A meal or supplement claimed for reimbursement shall be
served without charge.
(June 4, 1946, ch. 281, Sec. 17, as added Pub. L. 94-105, Sec. 16, Oct.
7, 1975, 89 Stat. 522; amended Pub. L. 95-166, Secs. 3, 19(d), Nov. 10,
1977, 91 Stat. 1332, 1345; Pub. L. 95-627, Sec. 2, Nov. 10, 1978, 92
Stat. 3603; Pub. L. 96-499, title II, Secs. 207(a), 208(b), (c), Dec. 5,
1980, 94 Stat. 2602; Pub. L. 97-35, title VIII, Secs. 810, 817(c),
819(k), Aug. 13, 1981, 95 Stat. 528, 532, 534; Pub. L. 99-500, title
III, Secs. 361, 372(a), Oct. 18, 1986, 100 Stat. 1783-367, 1783-369, and
Pub. L. 99-591, title III, Secs. 361, 372(a), Oct. 30, 1986, 100 Stat.
3341-370, 3341-372; Pub. L. 99-661, div. D, title IV, Sec. 4401, title
V, Sec. 4502(a), Nov. 14, 1986, 100 Stat. 4079, 4080; Pub. L. 100-175,
title IV, Sec. 401, Nov. 29, 1987, 101 Stat. 972; Pub. L. 100-435, title
II, Secs. 211, 214, Sept. 19, 1988, 102 Stat. 1657, 1659; Pub. L. 100-
460, title VI, Sec. 641, Oct. 1, 1988, 102 Stat. 2265; Pub. L. 101-147,
title I, Secs. 105(a), (b), 131(b), title II, Sec. 204(a), title III,
Secs. 310, 312(2), Nov. 10, 1989, 103 Stat. 883, 907, 909, 915, 916;
Pub. L. 102-342, title II, Secs. 202, 203, Aug. 14, 1992, 106 Stat. 913;
Pub. L. 102-375, title VIII, Sec. 811(a), Sept. 30, 1992, 106 Stat.
1295; Pub. L. 103-171, Sec. 3(b)(4), Dec. 2, 1993, 107 Stat. 1991; Pub.
L. 103-448, title I, Secs. 105(c), 109(b), 116, Nov. 2, 1994, 108 Stat.
4702, 4705, 4714; Pub. L. 104-193, title VII, Sec. 708(a)-(j), Aug. 22,
1996, 110 Stat. 2293-2299; Pub. L. 105-336, title I, Secs. 101(b),
107(a)-(j)(1), (2)(B), (3)(C), Oct. 31, 1998, 112 Stat. 3144, 3149-3153;
Pub. L. 106-224, title II, Sec. 243(a), (b)(1)-(4)(A), (5), (c)-(g)(1),
(h), (i), June 20, 2000, 114 Stat. 413-420; Pub. L. 106-400, Sec. 2,
Oct. 30, 2000, 114 Stat. 1675; Pub. L. 106-472, title III, Sec. 307(c),
Nov. 9, 2000, 114 Stat. 2073; Pub. L. 106-554, Sec. 1(a)(4) [div. B,
title I, Sec. 101(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-214; Pub. L.
107-76, title VII, Secs. 743, 771, Nov. 28, 2001, 115 Stat. 738, 745.)
References in Text
The Social Security Act, referred to in subsecs. (a)(2)(B)(ii),
(o)(2)(B), (5)(B), and (p)(3)(A)(ii), (B)(v), is act Aug. 14, 1935, ch.
531, 49 Stat. 620, as amended. Titles XVI, XIX, and XX of the Act are
classified generally to subchapters XVI (Sec. 1381 et seq.), XIX
(Sec. 1396 et seq.), and XX (Sec. 1397 et seq.), respectively, of
chapter 7 of this title. For complete classification of this Act to the
Code, see section 1305 of this title and Tables.
The Child Nutrition Act of 1966, referred to in subsecs. (a)(6)(B),
(f)(3)(A)(ii)(I)(bb), (E)(ii)(I), (q)(1), and (r)(1)(B), is Pub. L. 89-
642, Oct. 11, 1966, 80 Stat. 885, as amended, which is classified
generally to chapter 13A (Sec. 1771 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1771 of this title and Tables.
The Head Start Act, referred to in subsec. (c)(5), is subchapter B
(Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L. 97-35,
Aug. 13, 1981, 95 Stat. 499, as amended, which is classified generally
to subchapter II (Sec. 9831 et seq.) of chapter 105 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 9801 of this title and Tables.
Part B of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, referred to in subsec. (c)(6), means part B of
chapter 1 of title I of Pub. L. 89-10 which was classified generally to
part B (Sec. 2741 et seq.) of division 1 of subchapter I of chapter 47
of Title 20, Education, prior to being omitted in the general amendment
of Pub. L. 89-10 by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994,
108 Stat. 3519.
The Agricultural Act of 1949, referred to in subsec. (h)(2), is act
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified
principally to chapter 35A (Sec. 1421 et seq.) of Title 7, Agriculture.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of Title 7 and Tables.
The Older Americans Act of 1965, referred to in subsec. (o)(3)(B),
is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended. Part C of
title III of the Older Americans Act of 1965 is classified generally to
part C (Sec. 3030e et seq.) of subchapter III of chapter 35 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 3001 of this title and Tables.
The Food Stamp Act of 1977, referred to in subsec. (o)(5)(A), is
Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of Title 7 and Tables.
Subsection (a) of this section, referred to in subsec. (t)(3), was
amended by Pub. L. 106-224, title II, Sec. 243(a), June 20, 2000, 114
Stat. 413, and, as so amended, provisions formerly contained in subsec.
(a)(1) are now contained in subsec. (a)(5).
Codification
October 1, 1988, referred to in subsec. (o)(3)(A) [formerly
(p)(3)(A)], was in the original ``enactment'', which was translated as
meaning the date of enactment of Pub. L. 100-460, which amended subsec.
(p)(3)(A) generally, to reflect the probable intent of Congress.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendments
2001--Subsec. (a)(2)(B)(i). Pub. L. 107-76, Sec. 743, substituted
``2002'' for ``2001''.
Subsec. (r)(5). Pub. L. 107-76, Sec. 771, substituted ``located in
seven'' for ``located in six'' and ``of which five'' for ``of which
four'' and inserted ``Illinois,'' before ``Pennsylvania''.
2000--Pub. L. 106-472, Sec. 307(c)(1)(A), made technical amendment
to section catchline.
Subsec. (a). Pub. L. 106-224, Sec. 243(a)(1)-(7), inserted subsec.
(a) heading, inserted par. (1) designation and heading before ``The
Secretary may carry'', substituted par. (2) for ``For purposes of this
section, the term `institution' means any public or private nonprofit
organization providing nonresidential child care, including, but not
limited to, child care centers, settlement houses, recreational centers,
Head Start centers, and institutions providing child care facilities for
children with disabilities; and such term shall also mean any other
private organization providing nonresidential day care services for
which it receives compensation from amounts granted to the States under
title XX of the Social Security Act (but only if such organization
receives compensation under such title for at least 25 percent of its
enrolled children or 25 percent of its licensed capacity, whichever is
less). In addition, the term `institution' shall include programs
developed to provide day care outside school hours for schoolchildren,
public or nonprofit private organizations that sponsor family or group
day care homes, and emergency shelters (as provided in subsection (t) of
this section).'', inserted par. (3) designation and heading before
``Except as provided in subsection (r)'', inserted par. (4) designation
and heading before ``The Secretary may establish separate guidelines'',
inserted par. (5) designation and heading after ``school children
outside of school hours.'', substituted ``In order to be eligible,'' for
``For purposes of determining eligibility--'', struck out former par.
(1) designation before ``an institution (except a school or family'',
substituted ``standards.'' for ``standards; and'', and substituted par.
(6) designation and heading for former par. (2) designation and ``No
institution'' for ``no institution''.
Subsec. (a)(2)(B). Pub. L. 106-554 substituted ``children, if--''
for ``children for which'', added cl. (i), and designated remaining
provisions as cl. (ii).
Subsec. (a)(6)(B). Pub. L. 106-224, Sec. 243(a)(8)(A), inserted ``,
or has not been determined to be ineligible to participate in any other
publicly funded program by reason of violation of the requirements of
the program'' before ``, for a period''.
Subsec. (a)(6)(C). Pub. L. 106-224, Sec. 243(a)(8)(B), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(6)(C)(ii). Pub. L. 106-472, Sec. 307(c)(1)(B), struck
out ``and'' at end.
Subsec. (a)(6)(D). Pub. L. 106-224, Sec. 243(a)(8)(C), substituted a
semicolon for the period at end.
Subsec. (a)(6)(E), (F). Pub. L. 106-224, Sec. 243(a)(8)(D), added
subpars. (E) and (F).
Subsec. (d). Pub. L. 106-224, Sec. 243(b)(1), inserted subsec.
heading.
Subsec. (d)(1). Pub. L. 106-224, Sec. 243(b)(1), added par. (1) and
struck out former par. (1), which had provided that any eligible public
institution would be approved upon its request, that any eligible
private institution would be approved if it had been visited by a State
agency and had either tax exempt status or had been operating a Federal
program requiring nonprofit status, and set forth provisions relating to
tax exempt certification of family or group day care homes, authorizing
temporary participation for an institution moving toward compliance, and
requiring notice of approval or disapproval of application within 30
days after filing.
Subsec. (d)(2)(A)(ii), (iii). Pub. L. 106-224, Sec. 243(b)(2), added
cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (d)(2)(B). Pub. L. 106-224, Sec. 243(b)(3), substituted
``subsection (a)(5)'' for ``subsection (a)(1)''.
Subsec. (d)(3). Pub. L. 106-224, Sec. 243(b)(4)(A), added par. (3).
Subsec. (d)(4). Pub. L. 106-224, Sec. 243(b)(5), added par. (4).
Subsec. (d)(5). Pub. L. 106-224, Sec. 243(c), added par. (5).
Subsec. (d)(5)(D). Pub. L. 106-472, Sec. 307(c)(2), designated
existing provisions as cl. (i), inserted cl. (i) heading, substituted
``Except as provided in cl. (ii), an institution'' for ``An
institution'', and added cl. (ii).
Subsec. (f). Pub. L. 106-224, Sec. 243(d)(1), inserted heading.
Subsec. (f)(1). Pub. L. 106-224, Sec. 243(d), inserted par. heading,
designated existing provisions as subpar. (A), inserted subpar. heading,
and added subpar. (B).
Subsec. (f)(2)(C). Pub. L. 106-224, Sec. 243(e), added subpar. (C).
Subsec. (f)(3)(D). Pub. L. 106-224, Sec. 243(f), added subpar. (D)
and struck out former subpar. (D), which required the Secretary to
reserve $5,000,000 of the amount made available for fiscal year 1997 for
grants to States to provide assistance to family or group day care homes
and set forth provisions relating to allocation and retention of funds
and additional payments.
Subsec. (p)(1). Pub. L. 106-224, Sec. 243(g)(1)(A), substituted
``State-wide demonstration projects in three States'' for ``2 statewide
demonstration projects'' in first sentence of introductory provisions.
Subsec. (p)(3). Pub. L. 106-224, Sec. 243(g)(1)(B)(i), inserted
``in'' after ``subsection'' in introductory provisions.
Subsec. (p)(3)(C). Pub. L. 106-224, Sec. 243(g)(1)(B)(ii)-(iv),
added subpar. (C).
Subsec. (p)(3)(C)(iii). Pub. L. 106-472, Sec. 307(c)(3)(A),
substituted ``all low-income families'' for ``all families''.
Subsec. (p)(3)(C)(iv). Pub. L. 106-472, Sec. 307(c)(3)(B),
substituted ``reported for fiscal year 1998'' for ``made''.
Subsec. (q)(2), (3). Pub. L. 106-224, Sec. 243(h), added par. (2)
and redesignated former par. (2) as (3).
Subsec. (r)(2). Pub. L. 106-224, Sec. 243(i)(1), inserted ``meals
or'' before ``supplements'' in introductory provisions.
Subsec. (r)(4). Pub. L. 106-224, Sec. 243(i)(2)(A), substituted
``Meal and supplement'' for ``Supplement'' in par. heading.
Subsec. (r)(4)(A). Pub. L. 106-224, Sec. 243(i)(2)(B), substituted
``only for one meal per child per day and one supplement per child per
day'' for ``only for--'', struck out ``(i) a supplement'' before
``served under'', substituted a period for ``; and'', and struck out cl.
(ii) which read as follows: ``one supplement per child per day.''
Subsec. (r)(4)(B). Pub. L. 106-224, Sec. 243(i)(2)(C), in par.
heading, substituted ``Rates'' for ``Rate'', added cl. (i), designated
existing provisions as cl. (ii), and inserted cl. (ii) heading.
Subsec. (r)(4)(C). Pub. L. 106-224, Sec. 243(i)(2)(D), inserted
``meal or'' before ``supplement''.
Subsec. (r)(5). Pub. L. 106-224, Sec. 243(i)(3), added par. (5).
Subsec. (t)(1)(A). Pub. L. 106-400 made technical amendment to
reference in original act which appears in text as reference to section
11351 of this title.
1998--Subsec. (a). Pub. L. 105-336, Sec. 107(j)(3)(C), substituted
``children with disabilities'' for ``children with handicaps'' in two
places in introductory provisions.
Pub. L. 105-336, Sec. 107(j)(2)(B), in third sentence of
introductory provisions, substituted ``public'' for ``and public'' and
inserted, ``, and emergency shelters (as provided in subsection (t) of
this section)'' before period at end.
Pub. L. 105-336, Sec. 107(a)(1), in fourth sentence of introductory
provisions, substituted ``Except as provided in subsection (r) of this
section, reimbursement'' for ``Reimbursement''.
Subsec. (a)(1). Pub. L. 105-336, Sec. 107(a)(2), added par. (1) and
struck out former par. (1) which read as follows: ``no institution,
other than a family or group day care home sponsoring organization, or
family or group day care home shall be eligible to participate in the
program unless it has Federal, State, or local licensing or approval, or
is complying with appropriate renewal procedures as prescribed by the
Secretary and the State has no information indicating that the
institution's license will not be renewed; or where Federal, State, or
local licensing or approval is not available, it receives funds under
title XX of the Social Security Act or otherwise demonstrates that it
meets either any applicable State or local government licensing or
approval standards or approval standards established by the Secretary
after consultation with the Secretary of Health and Human Services;
and''.
Subsec. (c)(6). Pub. L. 105-336, Sec. 107(b), struck out ``(A)''
before ``A child'' and struck out subpar. (B) which read as follows:
``Subparagraph (A) shall apply only with respect to the provision of
benefits under this section for the period beginning September 1, 1995,
and ending September 30, 1997.''
Subsec. (d)(1). Pub. L. 105-336, Sec. 107(c)(1), (d), inserted ``has
been visited by a State agency prior to approval and it'' after ``if
it'' in second sentence, inserted ``An institution moving toward
compliance with the requirement for tax exempt status shall be allowed
to participate in the child and adult care food program for a period of
not more than 180 days, except that a State agency may grant a single
extension of not to exceed an additional 90 days if the institution
demonstrates, to the satisfaction of the State agency, that the
inability of the institution to obtain tax exempt status within the 180-
day period is due to circumstances beyond the control of the
institution.'' after third sentence, and struck out at end ``If an
institution submits an incomplete application to the State, the State
shall so notify the institution within fifteen days of receipt of the
application.''
Subsec. (d)(2)(A). Pub. L. 105-336, Sec. 107(c)(2), substituted
``policy that--'' for ``policy that'', inserted ``(i)'' before ``allows
institutions'', substituted ``; and'' for period at end, and added cl.
(ii).
Subsec. (h)(1)(B). Pub. L. 105-336, Sec. 101(b), substituted
``1755(c)'' for ``1755(e)''.
Subsec. (i). Pub. L. 105-336, Sec. 107(e), substituted ``1.5 percent
(except, in the case of each of fiscal years 2005 through 2007, 1
percent)'' for ``2 percent''.
Subsec. (p)(4), (5). Pub. L. 105-336, Sec. 107(f), struck out pars.
(4) and (5) which read as follows:
``(4) Such project shall--
``(A) commence not earlier than May 1, 1990, and not later than
June 30, 1990; and
``(B) terminate on September 30, 1998.
``(5) Notwithstanding paragraph (4)(B), the Secretary shall continue
until September 30, 1998, the two pilot projects established under this
subsection to the extent, and in such amounts, as are provided for in
advance in appropriations Acts.''
Subsec. (q). Pub. L. 105-336, Sec. 107(g), added subsec. (q).
Subsec. (r). Pub. L. 105-336, Sec. 107(h), added subsec. (r).
Subsec. (s). Pub. L. 105-336, Sec. 107(i), added subsec. (s).
Subsec. (t). Pub. L. 105-336, Sec. 107(j)(1), added subsec. (t).
1996--Subsec. (a). Pub. L. 104-193, Sec. 708(a), substituted
``initiate and maintain nonprofit food service programs'' for
``initiate, maintain, and expand nonprofit food service programs'' in
first sentence.
Subsec. (a)(2)(D). Pub. L. 104-193, Sec. 708(b), added subpar. (D).
Subsec. (c)(1) to (3). Pub. L. 104-193, Sec. 708(e)(4), inserted
``except as provided in subsection (f)(3) of this section,'' after ``For
purposes of this section,''.
Subsec. (d)(1). Pub. L. 104-193, Sec. 708(c), struck out ``, and
shall provide technical assistance, if necessary, to the institution for
the purpose of completing its application'' before period at end.
Subsec. (f)(2)(B). Pub. L. 104-193, Sec. 708(d), substituted ``2
meals and 1 supplement'' for ``two meals and two supplements or three
meals and one supplement''.
Subsec. (f)(3). Pub. L. 104-193, Sec. 708(e)(1), inserted heading.
Subsec. (f)(3)(A). Pub. L. 104-193, Sec. 708(e)(1), added heading
and text of subpar. (A) and struck out former subpar. (A) which read as
follows: ``Institutions that participate in the program under this
section as family or group day care home sponsoring organizations shall
be provided, for payment to such homes, a reimbursement factor set by
the Secretary for the cost of obtaining and preparing food and
prescribed labor costs, involved in providing meals under this section,
without a requirement for documentation of such costs, except that
reimbursement shall not be provided under this subparagraph for meals or
supplements served to the children of a person acting as a family or
group day care home provider unless such children meet the eligibility
standards for free or reduced price meals under section 1758 of this
title. The reimbursement factor in effect as of August 13, 1981, shall
be reduced by 10 percent. The reimbursement factor under this
subparagraph shall be adjusted on July 1 of each year to reflect changes
in the Consumer Price Index for food away from home for the most recent
12-month period for which such data are available. The reimbursement
factor under this subparagraph shall be rounded to the nearest one-
fourth cent.''
Subsec. (f)(3)(B). Pub. L. 104-193, Sec. 708(f)(1)(A), struck out at
end ``The maximum allowable levels for administrative expense payments,
as in effect as of August 13, 1981, shall be adjusted by the Secretary
so as to achieve a 10 percent reduction in the total amount of
reimbursement provided to institutions for such administrative expenses.
In making the reduction required by the preceding sentence, the
Secretary shall increase the economy of scale factors used to
distinguish institutions that sponsor a greater number of family or
group day care homes from those that sponsor a lesser number of such
homes.''
Subsec. (f)(3)(C)(ii). Pub. L. 104-193, Sec. 708(f)(1)(B),
substituted ``assist unlicensed family or group day care homes in
becoming'' for ``conduct outreach and recruitment to unlicensed family
or group day care homes so that the day care homes may become''.
Subsec. (f)(3)(D). Pub. L. 104-193, Sec. 708(e)(2), added subpar.
(D).
Subsec. (f)(3)(E). Pub. L. 104-193, Sec. 708(e)(3), added subpar.
(E).
Subsec. (f)(4). Pub. L. 104-193, Sec. 708(f)(2), substituted ``State
may provide'' for ``State shall provide'' in first sentence.
Subsec. (g)(1)(A). Pub. L. 104-193, Sec. 708(g)(1), struck out at
end ``Such meals shall be served free to needy children.''
Subsec. (g)(1)(B). Pub. L. 104-193, Sec. 708(g)(2), struck out at
end ``The Secretary shall provide additional technical assistance to
those institutions and family or group day care home sponsoring
organizations that are having difficulty maintaining compliance with the
requirements.''
Subsec. (k). Pub. L. 104-193, Sec. 708(h), added heading and text of
subsec. (k) and struck out former subsec. (k) consisting of pars. (1) to
(3) which related to training and technical assistance, monitoring,
research, and demonstration projects.
Subsec. (m). Pub. L. 104-193, Sec. 708(i), substituted ``available
at any reasonable time'' for ``available at all times''.
Subsec. (q). Pub. L. 104-193, Sec. 708(j), struck out subsec. (q)
which related to provision of information concerning special
supplemental nutrition program for women, infants, and children.
1994--Subsec. (c)(5). Pub. L. 103-448, Sec. 109(b), added par. (5).
Subsec. (c)(6). Pub. L. 103-448, Sec. 116(a), added par. (6).
Subsec. (d)(2)(A). Pub. L. 103-448, Sec. 116(b), substituted ``3-
year intervals'' for ``2-year intervals''.
Subsec. (f)(3)(C). Pub. L. 103-448, Sec. 116(c), designated existing
provisions as cl. (i) and added cl. (ii).
Subsec. (g)(1). Pub. L. 103-448, Sec. 105(c), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (k)(4). Pub. L. 103-448, Sec. 116(d), added par. (4).
Subsec. (p). Pub. L. 103-448, Sec. 116(e), substituted ``25 percent
of the children enrolled in the organization or 25 percent of the
licensed capacity of the organization for children, whichever is less,''
for ``25 percent of the children served by such organization'' in par.
(1)(A), ``1998'' for ``1992'' in par. (4)(B), and ``1998'' for ``1994''
in par. (5).
Subsec. (q). Pub. L. 103-448, Sec. 116(f), added subsec. (q).
1993--Subsec. (o)(3)(A). Pub. L. 103-171 substituted ``Assistant
Secretary for Aging'' for ``Commissioner of Aging''.
1992--Subsec. (a). Pub. L. 102-342, Sec. 202, substituted ``of its
enrolled children or 25 percent of its licensed capacity, whichever is
less'' for ``of the children for which the organization provides such
nonresidential day care services''.
Subsec. (o)(2)(A)(i). Pub. L. 102-375 inserted ``, or a group living
arrangement,'' after ``homes''.
Subsec. (p)(5). Pub. L. 102-342, Sec. 203, added par. (5).
1989--Pub. L. 101-147, Sec. 105(a), substituted ``Child and adult
care food program'' for ``Child care food program'' in section
catchline.
Subsec. (a). Pub. L. 101-147, Sec. 310(a)(1), substituted ``children
with handicaps'' for ``handicapped children'' wherever appearing.
Subsec. (c). Pub. L. 101-147, Sec. 312(2), substituted ``reduced
price'' for ``reduced-price'' wherever appearing.
Subsec. (d). Pub. L. 101-147, Sec. 204(a), designated existing
provisions as par. (1), redesignated cls. (1) and (2) as (A) and (B),
respectively, and added par. (2).
Subsec. (d)(1). Pub. L. 101-147, Sec. 310(a)(2), substituted
``Internal Revenue Code of 1986'' for ``Internal Revenue Code of 1954'',
which for purposes of codification was translated as ``title 26'' thus
requiring no change in text.
Subsec. (e). Pub. L. 101-147, Sec. 310(b), amended subsec. (e), as
identically amended by Pub. L. 99-500 and 99-591, Sec. 361, and Pub. L.
99-661, Sec. 4401, to read as if only the amendment by Pub. L. 99-661
was enacted, resulting in no change in text, see 1986 Amendment note
below.
Subsec. (f)(1). Pub. L. 101-147, Sec. 310(a)(3)(A), substituted
``day care'' for ``day-care''.
Subsec. (f)(2)(B). Pub. L. 101-147, Sec. 310(a)(3)(B), struck out
second period at end.
Subsec. (f)(3)(A). Pub. L. 101-147, Sec. 312(2), substituted
``reduced price'' for ``reduced-price''.
Subsec. (f)(3)(C). Pub. L. 101-147, Sec. 105(b)(1), inserted before
period at end of first sentence ``and expansion funds to finance the
administrative expenses for such institutions to expand into low-income
or rural areas'', inserted ``and expansion funds'' after ``start-up
funds'' in second, fourth, and fifth sentences and after ``Start-up
funds'' in third sentence, and inserted after first sentence
``Institutions that have received start-up funds may also apply at a
later date for expansion funds.''
Subsec. (h)(1). Pub. L. 101-147, Sec. 131(b), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``The Secretary
shall donate agricultural commodities produced in the United States for
use in institutions participating in the child care food program under
this section. The value of such commodities (or cash in lieu of
commodities) donated to each State for each school year shall be, at a
minimum, the amount obtained by multiplying the number of lunches and
suppers served in participating institutions in that State during that
school year by the rate for commodities or cash in lieu thereof
established for that school year under section 1755(e) of this title.
Any State receiving assistance under this section for institutions
participating in the child care food program may, upon application to
the Secretary, receive cash in lieu of some or all of the commodities to
which it would otherwise be entitled under this subsection. In
determining whether to request cash in lieu of commodities, the State
shall base its decision on the preferences of individual participating
institutions within the State, unless this proves impracticable due to
the small number of institutions preferring donated commodities.''
Subsec. (k). Pub. L. 101-147, Sec. 310(a)(4), redesignated subsec.
(l) as (k) and struck out former subsec. (k) which related to study and
report on maximum administrative payments reflecting costs of
institutions.
Subsec. (l). Pub. L. 101-147, Sec. 310(a)(4), redesignated subsec.
(m) as (l). Former subsec. (l) redesignated (k).
Pub. L. 101-147, Sec. 105(b)(2), designated existing provisions as
par. (1) and added pars. (2) and (3).
Subsecs. (m), (n). Pub. L. 101-147, Sec. 310(a)(4), redesignated
subsecs. (n) and (o) as (m) and (n), respectively. Former subsec. (m)
redesignated (l).
Subsec. (o). Pub. L. 101-147, Sec. 312(2), substituted ``reduced
price'' for ``reduced-price'' in par. (4).
Pub. L. 101-147, Sec. 310(a)(4), redesignated subsec. (p) as (o).
Former subsec. (o) redesignated (n).
Subsec. (p). Pub. L. 101-147, Sec. 310(a)(4), redesignated subsec.
(q) as (p). Former subsec. (p) redesignated (o).
Pub. L. 101-147, Sec. 105(b)(3)(A), inserted at end of par. (1)
``Lunches served by each such institution for which reimbursement is
claimed under this section shall provide, on the average, approximately
\1/3\ of the daily recommended dietary allowance established by the Food
and Nutrition Board of the National Research Council of the National
Academy of Sciences. Such institutions shall make reasonable efforts to
serve meals that meet the special dietary requirements of participants,
including efforts to serve foods in forms palatable to participants.''
Pub. L. 101-147, Sec. 105(b)(3)(B), added par. (6).
Subsec. (q). Pub. L. 101-147, Sec. 310(a)(4), redesignated subsec.
(q) as (p).
Pub. L. 101-147, Sec. 105(b)(4), added subsec. (q).
1988--Subsec. (f)(2)(B). Pub. L. 100-435, Sec. 211, inserted
provisions relating to reimbursement to institutions maintaining a child
care setting for eight or more hours per day.
Subsec. (h). Pub. L. 100-435, Sec. 214, designated existing
provisions as par. (1) and added par. (2).
Subsec. (p)(3)(A). Pub. L. 100-460, Sec. 641(c), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ``The
Secretary of Agriculture, in consultation with the Commissioner on
Aging, may establish separate guidelines for reimbursement of
institutions described in this subsection.''
Subsec. (p)(4). Pub. L. 100-460, Sec. 641(a), added par. (4).
Subsec. (p)(5). Pub. L. 100-460, Sec. 641(b), added par. (5).
1987--Subsec. (p). Pub. L. 100-175 added subsec. (p).
1986--Subsec. (a)(1). Pub. L. 99-500 and Pub. L. 99-591,
Sec. 372(a), and Pub. L. 99-661, Sec. 4502(a), amended par. (1)
identically, substituting ``Health and Human Services'' for ``Health,
Education, and Welfare''.
Subsec. (e). Pub. L. 99-500 and Pub. L. 99-591, Sec. 361, and Pub.
L. 99-661, Sec. 4401, amended subsec. (e) identically, designating
existing provisions as par. (1), substituting ``Except as provided in
paragraph (2), the'' for ``The'', and adding pars. (2) and (3).
1981--Subsec. (a). Pub. L. 97-35, Sec. 810(a), inserted provisions
respecting 25 percent requirement for children receiving nonresidential
day care services, and reimbursement for meals and supplements.
Subsec. (b). Pub. L. 97-35, Sec. 810(b), substituted provisions
respecting applicability of subsec. (f), for provisions respecting
applicability of subsec. (c).
Subsec. (c). Pub. L. 97-35, Sec. 810(c), substituted provisions
respecting applicability, determinations, etc., for national average
payment rates for free lunches and suppers, etc., for provisions
respecting formula for computation of payments, and applicability of
national average payment rates.
Subsec. (f)(1). Pub. L. 97-35, Sec. 819(k), struck out authorization
respecting financing the cost of meals.
Subsec. (f)(2) to (5). Pub. L. 97-35, Sec. 810(d), in par. (2)
substituted provisions setting forth formula for disbursements for meals
for provisions setting forth maximum per meal rates of reimbursements,
struck out par. (3) which related to election rights of institutions
other than family or group day care home sponsoring organizations,
redesignated par. (4) as (3) and, as so redesignated, substantially
revised and restructured provisions, and redesignated par. (5) as (4).
Subsec. (g). Pub. L. 97-35, Sec. 810(e), struck out par. (2) which
related to prohibitions respecting meals served by institutions, and
redesignated pars. (3) and (4) as (2) and (3), respectively.
Subsec. (i). Pub. L. 97-35, Secs. 810(f), 817(c)(2), struck out
subsec. (i) which related to information required from State plans.
Former subsec. (j) redesignated (i).
Subsecs. (j) to (l). Pub. L. 97-35, Secs. 810(g), 817(c)(2),
redesignated subsecs. (k), (l), and (o) as (j), (k), and (l),
respectively, and in subsec. (l), as so redesignated, struck out
provision respecting availability of funds from food service equipment
program. Former subsecs. (j) to (l) redesignated (i) to (k),
respectively.
Subsec. (m). Pub. L. 97-35, Sec. 817(c), struck out subsec. (m)
which related to withholding of funds. Subsec. (p) redesignated (m).
Subsec. (n). Pub. L. 97-35, Secs. 810(f), 817(c)(2), struck out
subsec. (n) which related to appropriations, etc., for equipment
assistance. Subsec. (q) redesignated (n).
Subsecs. (o) to (r). Pub. L. 97-35, Sec. 817(c)(2), redesignated
subsecs. (o) to (r) as (l) to (o), respectively.
1980--Subsec. (a). Pub. L. 96-499, Sec. 207(a), included in
definition of ``institution'' any private organization providing
nonresidential day care services for which compensation was received
from amounts granted to the States under title XX of the Social Security
Act.
Subsec. (c). Pub. L. 96-499, Sec. 208(b), inserted provision in
pars. (1), (2), and (3) that the average payment rates for supplements
served in such institutions was to be three cents lower than the
adjusted rates prescribed by the Secretary in accordance with the
adjustment formulas contained in such pars. (1), (2), and (3).
Subsec. (n)(1). Pub. L. 96-499, Sec. 208(c), substituted
``$4,000,000'' for ``$6,000,000''.
1978--Subsec. (a). Pub. L. 95-627 excepted family or group day care
homes from licensing requirements, set out guidelines for institutions
providing care for children outside of school hours, and set out
criteria for determining eligibility under this section.
Subsec. (b). Pub. L. 95-627 substituted provisions limiting the
aggregate amount of cash assistance to a State under this section for
provisions setting out a formula for computation of payments under this
section and adjustments to such payments. See subsec. (c) of this
section.
Subsec. (c). Pub. L. 95-627 substituted provisions relating to the
formula for the computation of payments under this section and the
prescription of a national average payment rate for provisions relating
to the maintenance of national nutritional standards and the prohibition
of discrimination and identification of children unable to pay under the
program.
Subsec. (d). Pub. L. 95-627 substituted provisions stating
requirements for approval for participation in the program and requiring
written notification of such approval or disapproval for provisions
relating to State disbursements to participating institutions.
Subsec. (e). Pub. L. 95-627 substituted provisions relating to fair
hearings for provisions relating to donations of agricultural
commodities and cash in lieu of commodities. See subsec. (h) of this
section.
Subsec. (f). Pub. L. 95-627 substituted provisions relating to
disbursements to participating institutions by the State for provisions
calling for direct disbursements to participating institutions by the
Secretary and prescribing conditions therefor.
Subsec. (g). Pub. L. 95-627 substituted provisions relating to meals
served at participating institutions and the necessary nutritional
content thereof for provisions prohibiting the diminution of
expenditures by State and local sources by reason of the availability of
Federal funds.
Subsec. (h). Pub. L. 95-627 substituted provisions relating to
donations of agricultural land commodities and cash in lieu of
commodities for provisions authorizing appropriations to meet the
administrative expenditures of the Secretary.
Subsec. (i). Pub. L. 95-627 substituted provisions relating to
information required from State plans for provisions requiring adequate
accounts and general record-keeping by States, State educational
agencies, and participating institutions.
Subsec. (j). Pub. L. 95-627 substituted provisions relating to the
availability of Federal funds to the States for audits of participating
institutions for provisions relating to food service equipment
assistance and the apportionment of unused funds.
Subsec. (k). Pub. L. 95-627 substituted provisions relating to the
use of a standard form of agreement and the issuance of regulations
pertaining to such use for provisions relating to the issuance of rules
and regulations to carry out this section by the Secretary.
Subsecs. (l) to (r). Pub. L. 95-627 added subsecs. (l) to (r).
1977--Subsec. (e). Pub. L. 95-166, Sec. 19(d), substituted in last
sentence ``school year'' for ``fiscal year'' in three instances.
Subsec. (j)(1). Pub. L. 95-166, Sec. 3, substituted ``food service
equipment assistance'' for ``nonfood assistance''.
Effective Date of 2000 Amendment
Pub. L. 106-224, title II, Sec. 243(b)(4)(B), June 20, 2000, 114
Stat. 417, provided that: ``In the case of a child that is enrolled in a
sponsored child care center or family or group day care home
participating in the child and adult care food program under section 17
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766)
before the date of the enactment of this Act [June 20, 2000], the center
or home shall provide information to the child's parents or guardians
pursuant to section 17(d)(3) of that Act [42 U.S.C. 1766(d)(3)], as
added by subparagraph (A), not later than 90 days after the date of the
enactment of this Act.''
Pub. L. 106-224, title II, Sec. 243(g)(2), June 20, 2000, 114 Stat.
419, provided that: ``The Secretary may carry out demonstration projects
in the State described in section 17(p)(3)(C) of the Richard B. Russell
National School Lunch Act [42 U.S.C. 1766(p)(3)(C)], as added by
paragraph (1)(B)(iv), beginning not earlier than October 1, 2001.''
Effective Date of 1998 Amendment
Amendment by section 107(j)(1), (2)(B) of Pub. L. 105-336 effective
July 1, 1999, see section 107(j)(4) of Pub. L. 105-336, set out as a
note under section 1761 of this title.
Amendment by sections 101(b) and 107(a)-(i), (j)(3)(C) of Pub. L.
105-336 effective Oct. 1, 1998, see section 401 of Pub. L. 105-336, set
out as a note under section 1755 of this title.
Effective Date of 1996 Amendment
Section 708(k)(1), (2) of Pub. L. 104-193 provided that:
``(1) In general.--Except as provided in paragraph (2), the
amendments made by this section [amending this section] shall become
effective on the date of enactment of this Act [Aug. 22, 1996].
``(2) Improved targeting of day care home reimbursements.--The
amendments made by paragraphs (1) and (4) of subsection (e) [amending
this section] shall become effective on July 1, 1997.''
Effective Date of 1994 Amendment
Amendment by sections 105(c) and 116 of Pub. L. 103-448 effective
Oct. 1, 1994, see section 401 of Pub. L. 103-448, set out as a note
under section 1755 of this title.
Amendment by section 109(b) of Pub. L. 103-448 effective Sept. 25,
1995, see section 109(c) of Pub. L. 103-448, set out as a note under
section 1758 of this title.
Effective Date of 1992 Amendment
Section 811(b) of Pub. L. 102-375 provided that: ``The amendment
made by subsection (a) [amending this section] shall take effect as if
the amendment had been included in the Older Americans Act Amendments of
1987 [Pub. L. 100-375].''
Effective Date of 1989 Amendment
Amendment by section 131(b) of Pub. L. 101-147 effective July 1,
1989, see section 131(c) of Pub. L. 101-147, set out as a note under
section 1755 of this title.
Effective Date of 1988 Amendment
Amendment by section 211 of Pub. L. 100-435 to be effective and
implemented on July 1, 1989, and amendment by section 214 of Pub. L.
100-435 to be effective and implemented on Oct. 1, 1988, see section
701(a), (b)(4) of Pub. L. 100-435, set out as a note under section 2012
of Title 7, Agriculture.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-175 effective Oct. 1, 1987, see section
701(a) of Pub. L. 100-175, set out as a note under section 3001 of this
title.
Effective Date of 1981 Amendment
Amendment by sections 810(a), (f), (g), 817(c), and 819(k) of Pub.
L. 97-35 effective Oct. 1, 1981, see section 820(a)(3), (4) of Pub. L.
97-35, set out as a note under section 1753 of this title. For effective
dates of amendments by section 810(b)-(e) of Pub. L. 97-35, see section
820(a)(1)(B)-(D), (3), (4), (6) of Pub. L. 97-35.
Effective Date of 1980 Amendment
Section 207(b) of Pub. L. 96-499 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall apply
with respect to all fiscal years beginning on or after October 1,
1980.''
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section 14
of Pub. L. 95-627, set out as a note under section 1755 of this title.
Effective Date of 1977 Amendment
Section 19 of Pub. L. 95-166 provided that the amendment made by
that section is effective July 1, 1977.
Implementation of 1989 Amendments
Section 105(d) of Pub. L. 101-147 provided that:
``(1) Expansion; demonstration project.--The Secretary of
Agriculture shall implement the amendments made by subsections (b)(1)
and (b)(2) [amending this section] not later than July 1, 1990.
``(2) Dietary requirements for adult day care food program.--Not
later than July 1, 1990, the Secretary of Agriculture shall issue final
regulations to implement the amendments made by subsection (b)(3)
[amending this section].''
Regulations
Section 708(k)(3) of Pub. L. 104-193 provided that:
``(A) Interim regulations.--Not later than January 1, 1997, the
Secretary of Agriculture shall issue interim regulations to implement--
``(i) the amendments made by paragraphs (1), (3), and (4) of
subsection (e) [amending this section]; and
``(ii) section 17(f)(3)(C) of the [Richard B. Russell] National
School Lunch Act (42 U.S.C. 1766(f)(3)(C)).
``(B) Final regulations.--Not later than July 1, 1997, the Secretary
of Agriculture shall issue final regulations to implement the provisions
of law referred to in subparagraph (A).''
Section 204(b) of Pub. L. 101-147 provided that: ``Not later than
July 1, 1990, the Secretary shall issue final regulations to implement
the amendments made by subsection (a) [amending this section].''
Study of Impact of Amendments by Pub. L. 104-193 on Program
Participation and Family Day Care Licensing
Section 708(l) of Pub. L. 104-193 directed Secretary of Agriculture,
in conjunction with Secretary of Health and Human Services, to conduct
study and report to Congress not later than 2 years after Aug. 22, 1996,
on impact of the amendments made by section 708 of Pub. L. 104-193,
amending this section, on the number of family day care homes and day
care home sponsoring organizations participating in the child and adult
care food program established under this section, the number of day care
homes that are licensed, certified, registered, or approved by each
State in accordance with regulations issued by the Secretary, the rate
of growth of such numbers, the nutritional adequacy and quality of meals
served in family day care homes, and the proportion of low-income
children participating in the program prior to such amendments to this
section and the proportion of low-income children participating in the
program after such amendments to this section, and further required each
State agency participating in the child and adult care food program
under this section to submit to the Secretary of Agriculture data
necessary to carry out this study.
Family or Group Day Care Home Demonstration Project
Section 503 of Pub. L. 100-435, as amended by Pub. L. 101-147, title
I, Sec. 105(c)(1), Nov. 10, 1989, 103 Stat. 885, directed Secretary of
Agriculture to conduct a demonstration project to begin 30 days after
Sept. 19, 1988, but in no event earlier than Oct. 1, 1988, in one State
(selected by the Secretary) regarding the Child Care Food Program
authorized under 42 U.S.C. 1766 in which day care institutions and
family or group day care sponsoring organizations shall receive a
reimbursement (in addition to that received under 42 U.S.C. 1766(d) and
(f)) for providing one additional meal or supplement for children that
are maintained in a day care institution or in a family or group day
care home setting for eight or more hours per day, directed Secretary to
submit a preliminary report to Congress not later than Aug. 1, 1989, and
a final report after the conclusion of such project, with project to
terminate Sept. 30, 1990.
Review and Revision of Nutrition Requirements for Meals Served Under
Breakfast Program; Promulgation of Regulations
Section 330(b) of title III of Pub. L. 99-500 and Pub. L. 99-591 and
section 4210(b) of Pub. L. 99-661 directed Secretary of Agriculture to
review and revise nutrition requirements for meals served under the
breakfast program authorized under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) and this section to improve nutritional quality of
meals, taking into consideration both findings of National Evaluation of
School Nutrition Programs and need to provide increased flexibility in
meal planning to local food authorities, and to promulgate regulations
to implement revisions not later than 180 days after Oct. 18, 1986.
Adjustments in National Average Payment Rate for Supplements During
Fiscal Year Ending September 30, 1981
Section 208(a) of Pub. L. 96-499 related to adjustments required
under the former pars. (1) through (3) of subsec. (c) of this section
applicable in determining the national average payment rate for
supplements during the fiscal year ending Sept. 30, 1981.
Section Referred to in Other Sections
This section is referred to in sections 1752, 1758, 1759a, 1760,
1766a, 1769f, 1773, 1776 of this title; title 7 section 1638a.