I 

111TH CONGRESS 

1ST SESSION H. R. 4402 

To amend the Richard B. Russell National School Lunch Act to improve 

access to nutritious meals for young children in child care. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. TONKO introduced the following bill; which was referred to the Committee 

on Education and Labor 

A BILL 

To amend the Richard B. Russell National School Lunch 

Act to improve access to nutritious meals for young 

children in child care. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Access to Nutritious 

5 Meals for Young Children Act of 2009’’. 

6 TITLE I—INCREASING ACCESS 

7 TO NUTRITIOUS MEALS 

8 SEC. 101. CHILD AND ADULT CARE FOOD PROGRAM. 

9 (a) NATIONAL AVERAGE PAYMENT.— 


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1 (1) LUNCHES AND SUPPERS.—Section 17(c) of 

2 the Richard B. Russell National School Lunch Act 

3 (42 U.S.C. 1766(c)) is amended— 

4 (A) in paragraph (1), by striking ‘‘the 

5 same as the national average payment rates for 

6 free lunches, reduced price lunches, and paid 

7 lunches, respectively, under sections 4 and 11 

8 of this Act as appropriate’’ and inserting 

9 ‘‘$2.88 for free lunches and suppers, $2.48 for 

10 reduced price lunches and suppers, and 45 

11 cents for paid lunches and suppers’’; 

12 (B) in paragraph (2), by striking ‘‘the 

13 same as the national average payment rates for 

14 free breakfasts, reduced price breakfasts, and 

15 paid breakfasts, respectively, under section 4(b) 

16 of the Child Nutrition Act of 1966’’ and insert17 ing ‘‘$1.66 for free breakfasts, $1.36 for re18 duced price breakfasts, and 46 cents for paid 

19 breakfasts’’; and 

20 (C) in paragraph (3)— 

21 (i) by striking ‘‘30 cents’’ and insert22 ing ‘‘84 cents’’; 

23 (ii) by striking ‘‘one-half the rate for 

24 free supplements’’ and inserting ‘‘47 

25 cents’’; and 


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1 (iii) by striking ‘‘2.75 cents’’ and in2 serting ‘‘16 cents’’. 

3 (b) A THIRD MEAL OPTION.—Section 17(f)(2)(B) of 

4 the Richard B. Russell School Lunch Act (42 U.S.C. 

5 1766(f)(2)(B)) is amended— 

6 (1) by striking ‘‘two meals’’ and inserting ‘‘3 

7 meals’’; 

8 (2) by striking ‘‘2 meals’’ and inserting ‘‘3 

9 meals’’; and 

10 (3) by striking ‘‘, for children that are main11 tained in a child care setting for eight or more hours 

12 per day’’. 

13 (c) REIMBURSEMENT OF FAMILY OR GROUP DAY

14 CARE HOME SPONSORING ORGANIZATIONS.—Section 

15 17(f)(3) of the Richard B. Russell School Lunch Act (42 

16 U.S.C. 1766(f)(3)) is amended— 

17 (1) in subparagraph (A)— 

18 (A) in clause (ii)— 

19 (i) in subclause (I), by striking ‘‘50 

20 percent’’ each place it appears in items 

21 (aa) and (bb) and inserting ‘‘40 percent’’; 

22 and 

23 (ii) in subclause (III), by striking ‘‘the 

24 factors in effect on July 1, 1996’’ and in25 serting ‘‘$2.41 for lunches and suppers, 


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1 $1.39 for breakfasts, and 76 cents for sup2 plements’’; and 

3 (B) in clause (iii)(I)— 

4 (i) in item (aa), by striking ‘‘95 cents 

5 for lunches and suppers, 27 cents for 

6 breakfasts, and 13 cents for supplements’’ 

7 and inserting ‘‘$1.53 for lunches and sup8 pers, 64 cents for breakfasts, and 28 cents 

9 for supplements’’; and 

10 (ii) in item (bb), by striking ‘‘July 1, 

11 1997’’ and inserting ‘‘July 1, 2010’’; and 

12 (2) by striking subparagraph (B) and inserting 

13 the following: 

14 ‘‘(B) NUTRITION SERVICES AND ADMINIS15 TRATIVE FUNDS.— 

16 ‘‘(i) IN GENERAL.—Effective July 1, 

17 2010 and in addition to the annual cost of 

18 living adjustment described in clause (iii), 

19 the Secretary shall raise the maximum al20 lowable levels of the family or group day 

21 care home sponsoring organization monthly 

22 administrative reimbursement by $5 per 

23 home. 

24 ‘‘(ii) ADMINISTRATION EXPENSES.— 

25 In addition to the reimbursement described 


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1 in clause (i), family or group day care 

2 home sponsoring organizations shall re3 ceive reimbursement for the administrative 

4 expenses of the family or group day care 

5 home sponsoring organizations in amounts 

6 not exceeding the maximum allowable lev7 els prescribed by the Secretary. 

8 ‘‘(iii) ADJUSTMENT.—The maximum 

9 allowable levels described in this subpara10 graph shall be adjusted on July 1 of each 

11 year to reflect changes in the Consumer 

12 Price Index for all items for the most re13 cent 12-month period for which such data 

14 are available with the exception of any year 

15 for which application of the Consumer 

16 Price Index would result in a decrease in 

17 reimbursement rates.’’. 


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1 TITLE II—STREAMLINING AND 

2 SIMPLIFICATION OF PRO3 GRAM AND PAPERWORK RE4 QUIREMENTS 

5 SEC. 201. STREAMLINING AND SIMPLIFICATION OF PRO6 GRAM AND PAPERWORK REQUIREMENTS. 

7 Section 17 of the Richard B. Russell National School 

8 Lunch Act (42 U.S.C. 1766) is amended by adding at the 

9 end the following: 

10 ‘‘(u) STREAMLINING AND SIMPLIFICATION OF PRO11 GRAM AND PAPERWORK REQUIREMENTS.—The Secretary 

12 shall improve the ability of the child and adult care food 

13 program to reach low-income families by streamlining pro14 gram and paperwork requirements, including require15 ments for States, sponsoring organizations, child care pro16 viders, and parents.’’. 

Æ 


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