I 
111TH CONGRESS 
2D SESSION 
H. R. 5504 
To reauthorize child nutrition programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2010 
Mr. GEORGE MILLER of California (for himself, Mrs. MCCARTHY of New 
York, Mr. PLATTS, Mr. POLIS of Colorado, Mr. COURTNEY, Ms. CHU, 
Mr. LOEBSACK, Mr. MCGOVERN, Mr. SESTAK, Ms. TITUS, Mr. HOLT, 
Mr. TONKO, Ms. FUDGE, Mr. WU, Mr. HINOJOSA, Mrs. CAPPS, Mr. 
PIERLUISI, Mr. SABLAN, Mr. KILDEE, Mrs. DAVIS of California, Mr. 
PAYNE, Mr. GRIJALVA, Mr. KUCINICH, Mr. ANDREWS, Mr. HARE, Ms. 
CLARKE, Ms. HIRONO, Mr. BISHOP of New York, Ms. SHEA-PORTER, 
Ms. WOOLSEY, and Mr. SCOTT of Virginia) introduced the following bill; 
which was referred to the Committee on Education and Labor, and in 
addition to the Committee on the Budget, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To reauthorize child nutrition programs, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Improving Nutrition for America’s Children Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definition of Secretary. 
TITLE I—A PATH TO END CHILDHOOD HUNGER 
Subtitle A—National School Lunch Program 
Sec. 101. Categorical eligibility of foster children. 
Sec. 102. Improving direct certification. 
Sec. 103. Direct certification for children receiving medicaid benefits. 
Sec. 104. Eliminating individual applications through community eligibility. 
Sec. 105. Year-round school based meal service. 
Sec. 106. School Breakfast Expansion Grants. 
Subtitle B—Summer Food Service Program 
Sec. 111. Alignment of eligibility rules for public and private sponsors. 
Sec. 112. Outreach to eligible families. 
Sec. 113. Summer Food Service Program year-round option. 
Sec. 114. Rural Access to Summer Food Service Program. 
Subtitle C—Child and Adult Care Food Program 
Sec. 121. Simplifying area eligibility determinations in the child and adult care 
food program. 
Sec. 122. Child and Adult Care Food Program Reimbursement. 
Subtitle D—Special Supplemental Nutrition Program for Women, Infants, 
and Children 
Sec. 131. Certification periods. 
Subtitle E—Miscellaneous 
Sec. 141. Childhood Hunger Research. 
Sec. 142. State Childhood Hunger Challenge Grants. 
Sec. 143. Policies and Practices to Prevent Overt Identification. 
Sec. 144. Study relating to the child and adult care food program. 
Sec. 145. Weekends and holidays without hunger. 
TITLE II—IMPROVING NUTRITION QUALITY 
Subtitle A—School Nutrition Programs 
Sec. 201. Performance-based reimbursement rate increases for new meal pat-
terns. 
Sec. 202. Nutrition requirements for fluid milk. 
Sec. 203. Water. 
Sec. 204. Nutrition standards for all foods sold in school. 
Sec. 205. Local school wellness policy implementation. 
Sec. 206. Information on the school wellness environment. 
Sec. 207. State Nutrition and wellness promotion. 
Sec. 208. Access to local foods: farm to school. 
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Subtitle B—Child and Adult Care Food Program 
Sec. 221. Nutrition and wellness goals for meals served through the child and 
adult care food program. 
Sec. 222. Study on nutrition and wellness quality of child care settings. 
Subtitle C—Special Supplemental Nutrition Program for Women, Infants, and 
Children 
Sec. 231. Support for breastfeeding in the WIC program. 
Sec. 232. Review of available supplemental foods. 
Subtitle D—Miscellaneous 
Sec. 242. Procurement technical assistance and guidance. 
Sec. 243. Research on strategies to promote healthy eating. 
Sec. 244. Food Marketing Study. 
Sec. 245. National School Lunch Program Equipment Assistance Grants. 
Sec. 246. Green cafeterias pilot program. 
Sec. 247. Partnerships for Wellness Grants. 
TITLE III—IMPROVING THE MANAGEMENT AND INTEGRITY OF 
CHILD NUTRITION PROGRAMS 
Subtitle A—National School Lunch Program 
Sec. 301. Indirect costs. 
Sec. 302. Revenue from nonprogram foods sold in schools. 
Sec. 303. Reporting and notification of school performance. 
Sec. 304. Compliance and accountability study. 
Sec. 305. Applicability of food safety program on entire school campus. 
Sec. 306. Ensuring safety of school meals. 
Sec. 307. Information on commodity food suppliers. 
Sec. 308. Privacy protection. 
Sec. 309. Fines for violating program requirements. 
Sec. 310. Independent review of applications. 
Sec. 311. Program evaluation. 
Subtitle B—Summer Food Service Program 
Sec. 321. Summer food service program permanent operating agreements. 
Sec. 322. Summer food service program disqualification. 
Subtitle C—Child and Adult Care Food Program 
Sec. 331. Renewal of application materials and permanent operating agree-
ments. 
Sec. 332. State liability for payments to aggrieved child care institutions. 
Sec. 333. Application submission by sponsored family or group day care homes. 
Sec. 334. Administrative payments to sponsoring organizations. 
Sec. 335. Child and adult care food program audit funding. 
Sec. 336. Reducing paperwork and improving program administration. 
Subtitle D—Special Supplemental Nutrition Program for Women, Infants, 
and Children 
Sec. 351. Sharing of materials with other programs. 
Sec. 352. WIC program management. 
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Subtitle E—Miscellaneous 
Sec. 361. Full use of Federal funds. 
Sec. 362. Disqualified schools, institutions, and individuals. 
TITLE IV—MISCELLANEOUS 
Subtitle A—Reauthorization of Expiring Provisions 
PART 1—RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT 
Sec. 401. Commodity support. 
Sec. 402. Food safety audits and reports by States. 
Sec. 403. Authorization of the summer food service program for children. 
Sec. 404. Year-round services for eligible entities. 
Sec. 405. Training, technical assistance, and food service management institute. 
Sec. 406. Federal administrative support. 
Sec. 407. Compliance and accountability. 
Sec. 408. Information clearinghouse. 
PART 2—CHILD NUTRITION ACT OF 1966 
Sec. 421. Technology infrastructure improvement. 
Sec. 422. State administrative expenses. 
Sec. 423. Special supplemental nutrition program for women, infants, and chil-
dren. 
Sec. 424. Farmers market nutrition program. 
Subtitle B—Technical Amendments 
Sec. 441. Technical amendments. 
Sec. 442. Equipment assistance technical correction. 
Sec. 443. Budgetary effects. 
Sec. 444. Effective date. 
SEC. 2. DEFINITION OF SECRETARY. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of Agriculture. 
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TITLE I—A PATH TO END 
CHILDHOOD HUNGER 
Subtitle A—National School Lunch 
Program 
SEC. 101. CATEGORICAL ELIGIBILITY OF FOSTER CHIL-
DREN. 
(a) 
DISCRETIONARY
CERTIFICATION.—Section 
9(b)(5) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(b)(5)) is amended— 
(1) in subparagraph (C), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(E)(i) a foster child whose care and 
placement is the responsibility of an agency 
that administers a State plan under part B or 
E of title IV of the Social Security Act (42 
U.S.C. 621 et seq.); or 
‘‘(ii) a foster child who a court has placed 
with a caretaker household.’’. 
(b) 
CATEGORICAL
ELIGIBILITY.—Section 
9(b)(12)(A) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended— 
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(1) in clause (iv), by adding ‘‘)’’ before the 
semicolon at the end; 
(2) in clause (v), by striking ‘‘or’’ at the end; 
(3) in clause (vi), by striking the period at the 
end and inserting ‘‘; or’’; and 
(4) by adding at the end the following: 
‘‘(vii)(I) a foster child whose care and 
placement is the responsibility of an agen-
cy that administers a State plan under 
part B or E of title IV of the Social Secu-
rity Act (42 U.S.C. 621 et seq.); or 
‘‘(II) a foster child who a court has 
placed with a caretaker household.’’. 
(c) DOCUMENTATION.—Section 9(d)(2) of the Rich-
ard B. Russell National School Lunch Act (42 U.S.C. 
1758(d)(2)) is amended— 
(1) in subparagraph (D), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(F)(i) documentation has been provided 
to the appropriate local educational agency 
showing the status of the child as a foster child 
whose care and placement is the responsibility 
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of an agency that administers a State plan 
under part B or E of title IV of the Social Se-
curity Act (42 U.S.C. 621 et seq.); or 
‘‘(ii) documentation has been provided to 
the appropriate local educational agency show-
ing the status of the child as a foster child who 
a court has placed with a caretaker house-
hold.’’. 
SEC. 102. IMPROVING DIRECT CERTIFICATION. 
(a) PERFORMANCE AWARDS.—Section 9(b)(4) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1758(b)(4)) is amended— 
(1) in the paragraph heading, by striking 
‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL NU-
TRITION ASSISTANCE PROGRAM’’; and 
(2) by adding at the end the following: 
‘‘(E) PERFORMANCE AWARDS.— 
‘‘(i) IN GENERAL.—Effective for each 
of the school years beginning July 1, 2011, 
July 1, 2012, and July 1, 2013, the Sec-
retary shall offer performance awards to 
States to encourage the States to ensure 
that all children eligible for direct certifi-
cation under this paragraph are certified in 
accordance with this paragraph. 
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‘‘(ii) 
REQUIREMENTS.—For 
each 
school year described in clause (i), the Sec-
retary shall— 
‘‘(I) consider State data from the 
prior school year, including estimates 
contained in the report required under 
section 4301 of the Food, Conserva-
tion, and Energy Act of 2008 (42 
U.S.C. 1758a); and 
‘‘(II) make performance awards 
to not more than 15 States that the 
Secretary determines demonstrate ei-
ther— 
‘‘(aa) outstanding perform-
ance; or 
‘‘(bb) substantial improve-
ment. 
‘‘(iii) USE OF FUNDS.—A State that 
receives a performance award under clause 
(i)— 
‘‘(I) shall treat the funds as pro-
gram income to support State activi-
ties with respect to the school lunch 
program and school breakfast pro-
gram; and 
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‘‘(II) shall allocate a portion of 
the funds to local educational agencies 
for use in carrying out the school 
lunch program under this Act and 
school breakfast program under the 
Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.), with priority for 
such agencies that demonstrate the 
highest improvement in directly certi-
fying eligible children under this para-
graph. 
‘‘(iv) FUNDING.— 
‘‘(I) IN GENERAL.—On October 
1, 2011, and each subsequent October 
1 through October 1, 2013, out of any 
funds in the Treasury not otherwise 
appropriated, the Secretary of the 
Treasury shall transfer to the Sec-
retary— 
‘‘(aa) $2,000,000 to carry 
out clause (ii)(II)(aa); and 
‘‘(bb) $2,000,000 to carry 
out clause (ii)(II)(bb). 
‘‘(II) RECEIPT
AND
ACCEPT-
ANCE.—The Secretary shall be enti-
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tled to receive, shall accept, and shall 
use to carry out this clause the funds 
transferred under subclause (I), with-
out further appropriation. 
‘‘(v) PAYMENTS NOT SUBJECT TO JU-
DICIAL REVIEW.—A determination by the 
Secretary whether, and in what amount, to 
make a performance award under this sub-
paragraph shall not be subject to adminis-
trative or judicial review.’’. 
(b) CONTINUOUS IMPROVEMENT PLANS.—Section 
9(b)(4) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(b)(4)) (as amended by subsection 
(a)) is amended by adding at the end the following: 
‘‘(F) 
CONTINUOUS
IMPROVEMENT 
PLANS.— 
‘‘(i) DEFINITION OF REQUIRED PER-
CENTAGE.—In this subparagraph, the term 
required percentage means— 
‘‘(I) for the school year beginning 
July 1, 2011, 80 percent; 
‘‘(II) for the school year begin-
ning July 1, 2012, 90 percent; and 
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‘‘(III) for the school year begin-
ning July 1, 2013, and each school 
year thereafter, 95 percent. 
‘‘(ii) REQUIREMENTS.—Each school 
year, the Secretary shall— 
‘‘(I) identify, using data from the 
prior school year (including estimates 
contained in the report required under 
section 4301 of the Food, Conserva-
tion, and Energy Act of 2008 (42 
U.S.C. 1758a)), States that directly 
certify less than the required percent-
age of the total number of children in 
the State who are eligible for direct 
certification under this paragraph; 
‘‘(II) require the States identified 
under subclause (I) to implement a 
continuous 
improvement 
plan 
de-
scribed in clause (iii)(II) to fully meet 
the requirements of this paragraph, 
which shall include a plan to improve 
direct certification for the following 
school year; and 
‘‘(III) assist the States identified 
under subclause (I) to develop and im-
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plement a continuous improvement 
plan in accordance with subclause 
(II). 
‘‘(iii) 
CONTINUOUS
IMPROVEMENT 
PLANS.— 
‘‘(I) IN GENERAL.—A State that 
is required to develop and implement 
a continuous improvement plan under 
clause (ii)(II) shall be required to sub-
mit the continuous improvement plan 
to the Secretary, for the approval of 
the Secretary. 
‘‘(II) 
REQUIREMENTS.—At 
a 
minimum, a continuous improvement 
plan described in this subclause shall 
include— 
‘‘(aa) specific measures that 
the State will use to identify 
more children who are eligible for 
direct certification, including im-
provements or modifications to 
technology, information systems, 
or databases; 
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‘‘(bb) a timeline for the 
State to implement those meas-
ures; and 
‘‘(cc) goals for the State to 
improve direct certification re-
sults to become in compliance 
with the required percentage 
under clause (i).’’. 
(c) WITHOUT
FURTHER
APPLICATION.—Section 
9(b)(4) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(b)(4)) (as amended by subsection 
(b)) is amended by adding at the end the following: 
‘‘(G) WITHOUT FURTHER APPLICATION.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the term ‘without further application’ 
means that no action is required by the 
household of the child. 
‘‘(ii) CLARIFICATION.—A requirement 
that a household return a letter notifying 
the household of eligibility for direct cer-
tification or eligibility for free school meals 
does not meet the requirements of clause 
(i).’’. 
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SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIV-
ING MEDICAID BENEFITS. 
(a) IN GENERAL.—Section 9(b) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)) 
is amended by adding at the end the following: 
‘‘(15) DIRECT CERTIFICATION FOR CHILDREN 
RECEIVING MEDICAID BENEFITS.— 
‘‘(A) IMPLEMENTATION.— 
‘‘(i) IN
GENERAL.—For the school 
year beginning on July 1, 2011, and each 
subsequent school year, subject to para-
graph (6), the Secretary shall carry out a 
program under which local educational 
agencies in States selected pursuant to 
clause (ii), or electing under clause (iii), to 
participate in the program may directly 
certify eligible children under this para-
graph as eligible for free lunches under 
this Act and free breakfasts under the 
Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.), without further application 
(as defined in paragraph (4)(G)). 
‘‘(ii) SELECTED
STATES.—The Sec-
retary shall select— 
‘‘(I) for the school year beginning 
July 1, 2011, up to 2 States that may 
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directly certify eligible children under 
this paragraph; 
‘‘(II) for the school year begin-
ning July 1, 2013, up to 5 States that 
may directly certify eligible children 
under this paragraph; 
‘‘(III) for the school year begin-
ning July 1, 2015, up to 10 States 
that may directly certify eligible chil-
dren under this paragraph; 
‘‘(IV) for the school year begin-
ning July 1, 2017, up to 15 States 
that may directly certify eligible chil-
dren under this paragraph; and 
‘‘(V) for the school year begin-
ning July 1, 2018, up to 25 States 
that may directly certify eligible chil-
dren under this paragraph. 
‘‘(iii) STATE OPTION.—For the school 
year beginning July 1, 2019, and each 
subsequent school year, any State may 
elect to directly certify eligible children 
under this paragraph. 
‘‘(B) STATE SELECTION.— 
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‘‘(i) IN GENERAL.—To be eligible to 
directly certify eligible children under this 
paragraph, a State shall submit to the Sec-
retary an application at such time, in such 
manner, and containing such information 
as the Secretary may require. 
‘‘(ii) CONSIDERATIONS.—In selecting 
States under subparagraph (A)(ii), the 
Secretary may take into consideration such 
factors as the Secretary considers to be ap-
propriate, which may include— 
‘‘(I) the rate of direct certifi-
cation in such State; 
‘‘(II) the State’s share of individ-
uals who are eligible for benefits 
under the supplemental nutrition as-
sistance program established under 
the Food and Nutrition Act of 2008 
(7 U.S.C. 2011 et seq.) who partici-
pate in the program, as determined by 
the Secretary; 
‘‘(III) the feasibility of matching 
data between local educational agen-
cies and the Medicaid program in 
such State; and 
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‘‘(IV) the socioeconomic profile of 
the State or local educational agencies 
in such State. 
‘‘(C) AGREEMENT.— 
‘‘(i) IN
GENERAL.—Not later than 
July 1 of the first school year during 
which a State will directly certify eligible 
children under this paragraph, a State 
shall enter into an agreement with the 
State agency conducting eligibility deter-
minations for the Medicaid program. 
‘‘(ii) WITHOUT
FURTHER
APPLICA-
TION.—Subject to paragraph (6), the 
agreement described in clause (i) shall es-
tablish procedures under which an eligible 
child shall be certified for free lunches 
under this Act and free breakfasts under 
section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773), without further 
application 
(as 
defined 
in 
paragraph 
(4)(G)). 
‘‘(D) ACCESS TO DATA.—For purposes of 
carrying out the program under this paragraph, 
the Secretary shall have access to income and 
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program participation information from public 
agencies administering the Medicaid program. 
‘‘(E) REPORT
TO
CONGRESS.—Not later 
than October 1, 2014, the Secretary shall sub-
mit to the Committee on Education and Labor 
of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry 
of the Senate, a report that describes imple-
mentation of the direct certification option 
under this paragraph. 
‘‘(F) DEFINITIONS.—In this paragraph: 
‘‘(i) ELIGIBLE CHILD.—The term ‘eli-
gible child’ means a child— 
‘‘(I)(aa) who is eligible for and 
receiving medical assistance under the 
Medicaid program; and 
‘‘(bb) who is a member of a fam-
ily with an income as measured by the 
Medicaid program before the applica-
tion of any expense, block, or other in-
come disregard, that does not exceed 
133 percent of the poverty line (as de-
fined in section 673(2) of the Commu-
nity Services Block Grant Act (42 
U.S.C. 9902(2)), including any revi-
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sion required by such section) applica-
ble to a family of the size used for 
purposes of determining eligibility for 
the Medicaid program; or 
‘‘(II) who is a member of a 
household (as that term is defined in 
section 245.2 of title 7, Code of Fed-
eral Regulations (or successor regula-
tions) with a child described in sub-
clause (I). 
‘‘(ii) MEDICAID PROGRAM.—The term 
‘Medicaid program’ means the program of 
medical assistance established under title 
XIX of the Social Security Act (42 U.S.C. 
1396 et seq.). 
‘‘(G) FUNDING.— 
‘‘(i) IN
GENERAL.—On October 1, 
2010, out of any funds in the Treasury not 
otherwise appropriated, the Secretary of 
the Treasury shall transfer to the Sec-
retary to carry out subparagraph (E) 
$1,000,000, to remain available until ex-
pended. 
‘‘(ii) RECEIPT
AND
ACCEPTANCE.— 
The Secretary shall be entitled to receive, 
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shall accept, and shall use to carry out 
subparagraph (E) the funds transferred 
under clause (i), without further appro-
priation.’’. 
(b) DOCUMENTATION.—Section 9(d)(2) of the Rich-
ard B. Russell National School Lunch Act (42 U.S.C. 
1758(d)(2)) (as amended by section 101(c)) is amended— 
(1) in subparagraph (E), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (F)(ii), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(G) documentation has been provided to 
the appropriate local educational agency show-
ing the status of the child as an eligible child 
(as defined in subsection (b)(15)(F)).’’. 
SEC. 
104. 
ELIMINATING 
INDIVIDUAL 
APPLICATIONS 
THROUGH COMMUNITY ELIGIBILITY. 
(a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY 
AREAS.— 
(1) ELIGIBILITY.—Section 11(a)(1) of the 
Richard B. Russell National School Lunch Act (42 
U.S.C. 1759a(a)(1)) is amended by adding at the 
end the following: 
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‘‘(F) UNIVERSAL MEAL SERVICE IN HIGH 
POVERTY AREAS.— 
‘‘(i) DEFINITION OF IDENTIFIED STU-
DENTS.—For purposes of this subpara-
graph, the term ‘identified students’ means 
students certified as eligible for free or re-
duced price lunch under this Act based on 
documentation of benefit receipt or cat-
egorical eligibility as described in section 
245.6a(c)(2) of title 7, Code of Federal 
Regulations (or successor regulations). 
‘‘(ii) ELECTION OF SPECIAL ASSIST-
ANCE PAYMENTS.— 
‘‘(I) IN GENERAL.—A local edu-
cational agency may, for all schools in 
the agency or on behalf of certain 
schools in the agency, elect to receive 
special assistance payments under this 
subparagraph in lieu of special assist-
ance payments otherwise made avail-
able under this paragraph based on 
applications for free and reduced price 
lunches if— 
‘‘(aa) during a period of 4 
successive school years, the local 
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jlentini on DSKJ8SOYB1PROD with BILLS
educational agency elects to serve 
all children in the applicable 
schools free lunches and break-
fasts under the school lunch pro-
gram under this Act and the 
school breakfast program estab-
lished under section 4 of the 
Child Nutrition Act of 1966 (42 
U.S.C. 1773); 
‘‘(bb) the local educational 
agency pays, from sources other 
than Federal funds, the costs of 
serving the lunches or breakfasts 
that are in excess of the value of 
assistance received under this Act 
and the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.); 
‘‘(cc) the local educational 
agency is not a residential child 
care institution (as that term is 
used in section 210.2 of title 7, 
Code of Federal Regulations (or 
successor regulations)); and 
‘‘(dd) during the school year 
prior to the first year of the pe-
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jlentini on DSKJ8SOYB1PROD with BILLS
riod for which the local edu-
cational agency elects to receive 
special 
assistance 
payments 
under this subparagraph, the 
local educational agency or school 
had a percentage of enrolled stu-
dents who were identified stu-
dents that meets or exceeds the 
threshold described in clause 
(viii). 
‘‘(II) ELECTION
TO
STOP
RE-
CEIVING
PAYMENTS.—A local edu-
cational agency may, for all schools in 
the agency or on behalf of certain 
schools in the agency, elect to stop re-
ceiving special assistance payments 
under this subparagraph for the fol-
lowing school year by notifying the 
State agency not later than June 30 
of the current school year of the in-
tention to stop receiving special assist-
ance payments under this subpara-
graph. 
‘‘(III) OTHER
FEDERAL
PRO-
GRAMS.—A local educational agency 
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jlentini on DSKJ8SOYB1PROD with BILLS
that elects to receive special payments 
under 
this 
subparagraph 
for 
all 
schools in the agency or on behalf of 
certain schools in the agency, such 
agency may use the data described in 
clause (iv) or (v), as applicable, to 
make eligibility or allocation deter-
minations for the purposes of other 
Federal programs that utilize free and 
reduced price lunch data for eligibility 
determinations, including the program 
providing discounts to schools under 
section 254(h) of the Communications 
Act of 1934. 
‘‘(iii) FIRST YEAR OF OPTION.— 
‘‘(I) SPECIAL
ASSISTANCE
PAY-
MENT.—For each month of the first 
school year of the 4-year period dur-
ing which a school or local educational 
agency elects to receive payments 
under this subparagraph, special as-
sistance payments at the rate for free 
meals shall be made under this sub-
paragraph for a percentage of all re-
imbursable meals served in an amount 
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jlentini on DSKJ8SOYB1PROD with BILLS
equal to the product obtained by mul-
tiplying— 
‘‘(aa) 
the 
multiplier 
de-
scribed in clause (vii); by 
‘‘(bb) 
the 
percentage 
of 
identified students at the school 
or local educational agency as of 
April 1 of the prior school year, 
up to a maximum of 100 percent. 
‘‘(II) 
PAYMENT
FOR
OTHER 
MEALS.—The percentage of meals 
served that is not described in sub-
clause (I) shall be reimbursed at the 
rate provided under section 4. 
‘‘(iv) SECOND, THIRD, OR
FOURTH 
YEAR OF OPTION.— 
‘‘(I) SPECIAL
ASSISTANCE
PAY-
MENT.—For each month of the sec-
ond, third, or fourth school year of 
the 4-year period during which a 
school or local educational agency 
elects to receive payments under this 
subparagraph, special assistance pay-
ments at the rate for free meals shall 
be made under this subparagraph for 
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jlentini on DSKJ8SOYB1PROD with BILLS
a percentage of all reimbursable meals 
served in an amount equal to the 
product obtained by multiplying— 
‘‘(aa) 
the 
multiplier 
de-
scribed in clause (vii); by 
‘‘(bb) the higher of the per-
centage of identified students at 
the school or local educational 
agency as of April 1 of the prior 
school year or the percentage of 
identified students at the school 
or local educational agency as of 
April 1 of the school year prior to 
the first year that the school or 
local educational agency elected 
to receive special assistance pay-
ments under this subparagraph, 
up to a maximum of 100 percent. 
‘‘(II) 
PAYMENT
FOR
OTHER 
MEALS.—The percentage of meals 
served that is not described in sub-
clause (I) shall be reimbursed at the 
rate provided under section 4. 
‘‘(v) GRACE YEAR.— 
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‘‘(I) IN GENERAL.—If, not later 
than April 1 of the fourth year of a 
4-year period described in clause 
(ii)(I), a school or local educational 
agency has a percentage of enrolled 
students who are identified students 
that meets or exceeds a percentage 
that is 10 percentage points lower 
than the threshold described in clause 
(viii), the school or local educational 
agency may elect to receive special as-
sistance payments under subclause 
(II) for an additional grace year. 
‘‘(II) SPECIAL ASSISTANCE PAY-
MENT.—For each month of a grace 
year, special assistance payments at 
the rate for free meals shall be made 
under this subparagraph for a per-
centage of all reimbursable meals 
served in an amount equal to the 
product obtained by multiplying— 
‘‘(aa) 
the 
multiplier 
de-
scribed in clause (vii); by 
‘‘(bb) 
the 
percentage 
of 
identified students at the school 
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