IB 
Union Calendar No. 665 
114TH CONGRESS 
2D SESSION 
H. R. 5003 
[Report No. 114–852, Part I] 
To reauthorize child nutrition programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2016 
Mr. ROKITA introduced the following bill; which was referred to the Committee 
on Education and the Workforce, 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 provisions as fall within the juris-
diction of the committee concerned 
DECEMBER 8, 2016 
Additional sponsor: Mr. KLINE 
DECEMBER 8, 2016 
Reported from the Committee on Education and the Workforce with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 8, 2016 
The Committee on the Budget discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 20, 2016] 
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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 ‘‘Im-
proving Child Nutrition and Education Act of 2016’’. 
(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—NATIONAL SCHOOL LUNCH ACT 
Sec. 100. State agency. 
Sec. 101. Apportionments to States. 
Sec. 102. Repeal of nutrition promotion. 
Sec. 103. Direct Federal expenditures. 
Sec. 104. Nutritional and other program requirements. 
Sec. 105. Miscellaneous provisions. 
Sec. 106. Summer food service program for children. 
Sec. 107. Commodity distribution program. 
Sec. 108. Child and adult care food program. 
Sec. 109. Demonstration projects. 
Sec. 110. Fruit and vegetable program. 
Sec. 111. Compliance and accountability. 
Sec. 112. Repeal of State childhood hunger challenge grants. 
Sec. 113. Duties of the Secretary relating to nonprocurement debarment. 
Sec. 114. Improvements to school lunch facilities. 
Sec. 115. Prohibitions. 
TITLE II—CHILD NUTRITION ACT 
Sec. 201. Special milk program authorization. 
Sec. 202. School breakfast program. 
Sec. 203. State administrative expenses. 
Sec. 204. Regulations. 
Sec. 205. Definition of State agency. 
Sec. 206. Special supplemental nutrition program for women, infants, and chil-
dren. 
Sec. 207. Team nutrition network. 
TITLE III—MISCELLANEOUS 
Sec. 301. Reviews. 
Sec. 302. Program delivery. 
Sec. 303. Product availability. 
Sec. 304. Procurement. 
Sec. 305. School Nutrition Advisory Committee. 
Sec. 306. Paperwork reduction. 
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Sec. 307. Technology. 
Sec. 308. Improving health and safety oversight and monitoring for the child and 
adult care food program. 
Sec. 309. Technical corrections. 
Sec. 310. Budgetary effects. 
Sec. 311. Effective date. 
SEC. 2. DEFINITION OF SECRETARY. 
In this Act, the term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
TITLE I—NATIONAL SCHOOL 
LUNCH ACT 
SEC. 100. STATE AGENCY. 
In each of the following Acts, by striking ‘‘State edu-
cational agency’’ and ‘‘State educational agencies’’ each 
place such term appears (including any headings) and in-
serting ‘‘State agency’’ and ‘‘State agencies’’, respectively: 
(1) The Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.). 
(2) The Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.). 
SEC. 101. APPORTIONMENTS TO STATES. 
Section 4(b) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1753(b)) is amended— 
(1) in paragraph (3)— 
(A) in subparagraph (B), by striking ‘‘Be-
ginning on’’ and all that follows through ‘‘the 
Secretary’’ and inserting ‘‘The Secretary’’; 
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(B) in subparagraph (E), by striking ‘‘Be-
ginning on’’ and all that follows through ‘‘school 
food authorities’’ and inserting ‘‘School food au-
thorities’’; and 
(C) in subparagraph (F)(iii)— 
(i) in subclause (I), by inserting ‘‘(as 
in effect on the day before the date of the en-
actment of the Improving Child Nutrition 
and Education Act of 2016)’’ after ‘‘sub-
paragraph (A)(ii)’’; and 
(ii) by adding at the end the following: 
‘‘(III) SUNSET.—The Secretary 
shall return to the general fund of the 
Treasury any funds that were made 
available under this subparagraph but 
not obligated by a State agency as of 
September 30, 2016.’’; and 
(2) by adding at the end the following: 
‘‘(4) ANNOUNCEMENTS.—With respect to reim-
bursement rates described in this subsection, the Sec-
retary shall announce the rates and, to the maximum 
extent practicable, any associated guidance by Feb-
ruary 15 of the school year prior to the school year 
for which the rates and guidance will become effec-
tive.’’. 
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SEC. 102. REPEAL OF NUTRITION PROMOTION. 
Section 5 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1754) is repealed. 
SEC. 103. DIRECT FEDERAL EXPENDITURES. 
Section 6 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1755) is amended— 
(1) in subsection (c)— 
(A) by striking ‘‘(c)(1)(A) The national av-
erage’’ and all that follows through ‘‘(D) Among 
those commodities’’ and inserting the following: 
‘‘(c) CALCULATION OF TOTAL ASSISTANCE.— 
‘‘(1) NATIONAL AVERAGE VALUE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the national average value 
of donated foods, or cash payments in lieu there-
of, shall be equal to the quotient obtained by di-
viding, not later than February 15 of each year 
for the upcoming school year— 
‘‘(i) the total funds available in the 
preceding school year under section 4, this 
section, and section 11; by 
‘‘(ii) the number of lunches served in 
the preceding school year in all schools par-
ticipating in the school lunch program 
under this Act. 
‘‘(B) ADJUSTMENT.— 
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‘‘(i) IN
GENERAL.—The value deter-
mined under subparagraph (A) shall be ad-
justed by the annual percentage change in 
a 3-month average value of the Producer 
Price Index for Foods Used in Schools and 
Institutions of the Bureau of Labor Statis-
tics (in this subparagraph referred to as the 
‘Index’) for the preceding September, Octo-
ber, and November. 
‘‘(ii) REQUIREMENT.—An adjustment 
under clause (i) shall be computed to the 
nearest 1⁄4 cent. 
‘‘(iii) INDEX.— 
‘‘(I) IN
GENERAL.—The Index 
shall be computed using 5 major food 
components in the Index (cereal and 
bakery products, meats, poultry and 
fish, dairy products, processed fruits 
and vegetables, and fats and oils). 
‘‘(II) COMPONENTS.—Each com-
ponent described in subclause (I) shall 
be weighted using the same relative 
weight as determined by the Bureau of 
Labor Statistics. 
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‘‘(iv) MINIMUM
AMOUNT
OF
COM-
MODITY ASSISTANCE.—Not less than 12 per-
cent of the value adjusted in accordance 
with this subparagraph shall be provided in 
the form of commodity assistance. 
‘‘(C) INSUFFICIENT AMOUNTS.—If amounts 
available to carry out section 4, this section, and 
section 11 are insufficient to meet the require-
ments of such sections for a school year, the Sec-
retary shall, to the extent necessary, use the au-
thority provided under section 14(a) to meet the 
requirements for the school year. 
‘‘(D) AMOUNT FOR EACH STATE.—For each 
school year, the total commodity assistance or 
cash in lieu thereof available to a State for the 
school lunch program shall be equal to the prod-
uct obtained by multiplying— 
‘‘(i) the number of lunches served in 
such State in the most recent school year for 
which data are available; by 
‘‘(ii) the rate determined under sub-
paragraphs (A) and (B). 
‘‘(E) SPECIAL
EMPHASIS.—Among those 
commodities’’; and 
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(B) in paragraph (1), by striking ‘‘(E) Not-
withstanding’’ and inserting the following: 
‘‘(F) MINIMUM
QUANTITY
OF
DONATED 
FOODS.—Notwithstanding’’; 
(2) by striking subsection (e); and 
(3) by redesignating subsection (f) as subsection 
(e). 
SEC. 104. NUTRITIONAL AND OTHER PROGRAM REQUIRE-
MENTS. 
Section 9 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758) is amended— 
(1) by striking the section heading and designa-
tion and all that follows through the end of para-
graph (1) in subsection (a) and inserting the fol-
lowing: 
‘‘SEC. 9. NUTRITIONAL AND OTHER PROGRAM REQUIRE-
MENTS. 
‘‘(a) REQUIREMENTS.— 
‘‘(1) TECHNICAL ASSISTANCE AND TRAINING.— 
The Secretary shall provide— 
‘‘(A) technical assistance and training to 
schools participating in the school lunch pro-
gram to assist the schools in complying with the 
nutritional requirements prescribed by the Sec-
retary pursuant to subsection (f) and in pro-
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viding appropriate meals to children with medi-
cally certified special dietary needs, including 
food allergies or other special dietary needs of in-
dividual children, including religious dietary re-
strictions; and 
‘‘(B) additional technical assistance to 
schools that are having difficulty maintaining 
compliance with the requirements.’’; 
(2) in subsection (a)— 
(A) in paragraph (2), by adding at the end 
the following: 
‘‘(D) FLUID MILK CONSIDERATIONS.—In de-
termining varieties of fluid milk that shall be 
available with school meals programs under this 
Act and section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773) and outside of the school 
meal programs, the Secretary, not later than 90 
days after the date of enactment of the Improv-
ing Child Nutrition and Education Act of 2016, 
shall carry out the following: 
‘‘(i) Consider the critical nutrient 
needs of children who may be at risk for in-
adequate intake of the recommended daily 
servings of milk and dairy products under 
the most recent Dietary Guidelines de-
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scribed in subparagraph (A)(i) and conform 
the applicable regulations to such guide-
lines. 
‘‘(ii) Analyze milk consumption data 
and trends for school-aged children, and to 
the extent practicable, increase actual milk 
consumption in schools in a manner con-
sistent with the number of servings rec-
ommended under such Dietary Guidelines, 
and ensure that schools may offer any type 
of milk with fat levels that are in compli-
ance with such Dietary Guidelines. 
‘‘(E) MILK VARIETY CONSIDERATIONS.—In 
determining milk varieties eligible for schools to 
offer with school meal programs under this Act 
and section 4 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773) and outside of the school meal 
programs, the Secretary shall consider the most 
commonly available types, sizes, containers, and 
varieties of milk in local, regional, and national 
commercial markets from which local edu-
cational agencies procure milk, to promote com-
petition and reduce milk waste.’’; 
(B) by striking ‘‘(4) PROVISION OF INFOR-
MATION’’ and all that follows through ‘‘(C) PRO-
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CUREMENT AND PROCESSING OF FOOD SERVICE 
PRODUCTS AND COMMODITIES.—The Secretary’’ 
and inserting the following: 
‘‘(4) PROCUREMENT AND PROCESSING OF FOOD 
SERVICE
PRODUCTS
AND
COMMODITIES.—The Sec-
retary’’; 
(C) in paragraph (4) (as so designated)— 
(i) by redesignating clauses (i) through 
(iii) as subparagraphs (A) through (C), re-
spectively, and indenting appropriately; 
and 
(ii) by redesignating subclauses (I) and 
(II) as clauses (i) and (ii), respectively, and 
indenting appropriately; and 
(D) by adding at the end the following: 
‘‘(6) EMERGENCY ACCESS TO POTABLE WATER.— 
‘‘(A) IN GENERAL.—To ensure that children 
have access to potable water during meal service, 
the Secretary may award funds to State agencies 
to assist such agencies in providing bottled water 
for a period of not more than 90 days (except as 
otherwise provided under subparagraph (C)) 
when— 
‘‘(i) a major disaster or emergency has 
been declared by the President under the 
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Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 
et seq.); and 
‘‘(ii) the Secretary determines that 
there is a significant risk to the health of 
school children posed by the public water 
system (as defined under section 1401(4) of 
the Safe Drinking Water Act (42 U.S.C. 
300f)). 
‘‘(B) MATCHING REQUIREMENT.—To receive 
funds under this paragraph, a State agency shall 
assure the Secretary that the State will utilize 
donated water supplies and State funding to 
supplement the funds that the State receives 
under this paragraph to provide bottled water as 
necessary for students. 
‘‘(C) EXTENSION
OF
AUTHORITY.—If the 
risk described in subparagraph (A)(ii) persists 
in a State after the first 90-day period for which 
funds under this paragraph are provided to such 
State, funds may be provided under this para-
graph to such State for an additional 90-day pe-
riod. 
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‘‘(D) FUNDING.—Not more than $475,000 
may be provided under this paragraph for a fis-
cal year.’’; 
(3) in subsection (b)— 
(A) in paragraph (2)(B)— 
(i) in clause (i), by striking ‘‘, and 
shall contain only the family size income 
levels for reduced price meal eligibility with 
the explanation that households with in-
comes less than or equal to these values 
would be eligible for free or reduced price 
lunches’’; 
(ii) in clause (ii), by inserting ‘‘or re-
duced price’’ after ‘‘free’’; 
(iii) in clause (iii)(I)— 
(I) in item (aa), by striking 
‘‘and’’ at the end; 
(II) in item (bb), by striking the 
period at the end and inserting ‘‘; 
and’’; and 
(III) by adding at the end the fol-
lowing: 
‘‘(cc) individuals may report 
alleged fraud to the Office of the 
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Inspector General of the Depart-
ment of Agriculture.’’; and 
(iv) by adding at the end the following: 
‘‘(iv) REPORTING
OF
FRAUD.—The 
Secretary shall ensure that the Internet 
website of the Department of Agriculture 
prominently displays a link to the Internet 
website of the Office of the Inspector General 
of the Department and the phone number of 
the Office of the Inspector General through 
which an individual may report any al-
leged fraud. 
‘‘(v) APPLICATION
FORMS.—Not later 
than 120 days after the date of the enact-
ment of the Improving Child Nutrition and 
Education Act of 2016, the Secretary 
shall— 
‘‘(I) review a sample of applica-
tion forms, including paper and dig-
ital forms, used to apply for participa-
tion in the school lunch program au-
thorized under this Act and the school 
breakfast program established by sec-
tion 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773); 
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‘‘(II) provide to States guidance 
relating to best practices, including a 
standard application form local edu-
cational agencies or schools may use; 
‘‘(III) provide to States guidance 
relating to how to improve the applica-
tion to ensure families understand and 
can enroll in the school lunch program 
and the school breakfast program; and 
‘‘(IV) provide to States such infor-
mation as is necessary to ensure that 
States understand school food authori-
ties may not— 
‘‘(aa) require or mandate 
families apply for either program; 
‘‘(bb) request that a family 
apply for the program after the 
parent or guardian has informed 
the school that the family does not 
want to participate in the pro-
gram or receive additional infor-
mation about the program in that 
school year; or 
‘‘(cc) in the case of a family 
that has not informed the school 
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about their choice, request more 
than twice in that school year 
that such family apply for the 
program if such family has not 
submitted an application, except 
that providing information about 
the application (including how 
and when the application will be 
sent to parents and how to fill out 
the application) shall not count as 
a request to apply.’’; 
(B) in paragraph (3)— 
(i) by striking subparagraph (D) and 
inserting the following: 
‘‘(D) VERIFICATION.— 
‘‘(i) STANDARD VERIFICATION OF AP-
PLICATIONS.— 
‘‘(I) 
IN
GENERAL.—Beginning 
with the second school year that begins 
after the date of the enactment of the 
Improving Child Nutrition and Edu-
cation Act of 2016, each school year, 
each local educational agency shall 
verify the eligibility of the children in 
a portion of the household applications 
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approved for the school year by the 
local educational agency, as of Novem-
ber 1 of the school year, as determined 
by the Secretary in accordance with 
this subsection. 
‘‘(II) SAMPLE SIZE.— 
‘‘(aa) 
IN
GENERAL.—The 
portion for a local educational 
agency for a school year shall 
equal the lesser of— 
‘‘(AA) 10,000; or 
‘‘(BB) 10 percent of ap-
proved 
household 
applica-
tions. 
‘‘(bb) 
CALCULATION.—Not 
later than July 1 of each year, the 
Secretary shall calculate the sam-
ple size under this subparagraph 
for each local educational agency 
based on data from the 2 most re-
cent school years available. 
‘‘(III) SAMPLE SELECTION.—Ap-
plications 
shall 
be 
selected 
for 
verification by the local educational 
agency based on indications that infor-
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mation relevant to eligibility is incon-
sistent with the information provided 
on the application, including at a 
minimum the following: 
‘‘(aa) The household has sub-
mitted information in writing to 
the local educational agency that 
is inconsistent with the informa-
tion on the application. 
‘‘(bb) The information pro-
vided on the application is con-
sistent with a pattern of error or 
fraud detected by the local edu-
cational agency, the State agency, 
or the Secretary. 
‘‘(cc) For not more than 1⁄4 
of the sample, students who are 
directly certified or the applica-
tion provides a case number (in 
lieu of income information) show-
ing participation in— 
‘‘(AA) the supplemental 
nutrition assistance program 
established under the Food 
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and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.); or 
‘‘(BB) a State program 
funded under the program of 
block grants to States for 
temporary 
assistance 
for 
needy 
families 
established 
under part A of title IV of 
the Social Security Act (42 
U.S.C. 601 et seq.) that the 
Secretary determines com-
plies with standards estab-
lished by the Secretary that 
ensure that the eligibility re-
quirements under the State 
program are comparable to 
the requirements for partici-
pation in accordance with 
this Act and the Child Nutri-
tion Act of 1966 (42 U.S.C. 
1771 et seq.). 
‘‘(dd) For not more than 1⁄4 
of the sample, the income infor-
mation provided on the applica-
tion is close to the income limit 
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for free or reduced price meals, as 
determined by the local edu-
cational agency each year. 
‘‘(ee) Such other criteria as 
is determined by the State. 
‘‘(IV) ADDITIONAL
VERIFICATION 
OF APPLICATIONS.—If the number of 
applications that match the criteria 
described in subclause (III) is insuffi-
cient to meet the number of applica-
tions determined under subclause (II), 
the local educational agency shall select 
additional applications at random. 
‘‘(ii) VERIFICATION
FOR
CAUSE.—In 
addition to conducting verification of a 
sample of applications as described in 
clause (i), a local educational agency may 
verify any household application at any 
point in the school year if the household ap-
plication meets the criteria described in 
item (aa), (bb), or (cc) of clause (i)(III) or 
such other criteria as is determined by the 
Secretary. 
‘‘(iii) 
COMPLIANCE.—In 
conducting 
verification under this subparagraph, a 
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State agency or local educational agency 
shall not select applications in a manner 
that violates section 12(l)(4)(M).’’; 
(ii) in subparagraph (F)— 
(I) in clause (i), in the matter 
preceding subclause (I), by striking 
‘‘may’’ and inserting ‘‘shall’’; and 
(II) by striking clauses (iv) and 
(v) and inserting the following: 
‘‘(iv) DIRECT CERTIFICATION.—If eli-
gibility for a household application is con-
firmed using direct verification, each child 
in the household shall be considered directly 
certified.’’; 
(iii) in subparagraph (G)— 
(I) in clause (iii), by striking ‘‘1 
attempt’’ and inserting ‘‘2 attempts’’; 
and 
(II) by adding at the end the fol-
lowing: 
‘‘(v) VALIDITY
OF
VERIFICATION
RE-
SULTS.— 
‘‘(I) 
DEFINITIONS.—In 
this 
clause: 
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‘‘(aa) APPROVED
APPLICA-
TION.—The term ‘approved appli-
cation’ includes each student on a 
paper or electronic application 
approved by the local educational 
agency for free or reduced price 
lunches for the school year. 
‘‘(bb) RESPONSE RATE.—The 
term ‘response rate’ means the 
percentage of the approved house-
hold applications of the local edu-
cational 
agency 
for 
which 
verification information was ob-
tained after attempted verification 
under this section. 
‘‘(cc) NONRESPONSE RATE.— 
The 
term 
‘nonresponse 
rate’ 
means the percentage of the ap-
proved household applications of 
the local educational agency for 
which 
verification 
information 
was not obtained after attempted 
verification under this section. 
‘‘(dd) 
CONFIRMATION 
RATE.—The term ‘confirmation 
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rate’ means the percentage of ap-
proved household applications and 
directly certified students selected 
by the local educational agency 
for verification under this sub-
paragraph that had the level of 
benefits confirmed as a result of 
information obtained during the 
verification process. 
‘‘(II) REDUCTIONS.— 
‘‘(aa) 
IN
GENERAL.—The 
sample 
under 
subparagraph 
(D)(i)(II) may be reduced by not 
more than the lesser of 2,500 ap-
plications or 2.5 percentage points 
for each of the criteria described 
in subclause (III) that are met by 
the local educational agency. 
‘‘(bb) 
LIMITATION.—Reduc-
tions under item (aa) may result 
in a sample of not less than 2.5 
percent of approved applications. 
‘‘(III) CRITERIA.—The criteria 
referred to in subclause (II)(aa) are as 
follows: 
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‘‘(aa) RESPONSE RATE.—For 
the preceding school year the re-
sponse rate was more than 85 per-
cent. 
‘‘(bb) NONRESPONSE
RATE 
REDUCTION.—The 
nonresponse 
rate was at least 15 percent below 
the nonresponse rate for the sec-
ond preceding school year. 
‘‘(cc) CONFIRMATION RATE.— 
The confirmation rate is 100 per-
cent or has increased by at least 5 
percent over the two most recent 
school years for which data is 
available. 
‘‘(dd) ADMINISTRATIVE BUR-
DEN REDUCTION.— 
‘‘(AA) IN
GENERAL.— 
The local educational agency 
receives 
a 
determination 
from the Secretary that com-
pliance with subparagraph 
(D)(i)(II) would render the 
local educational agency un-
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able to administer the pro-
gram. 
‘‘(BB) 
REQUIRE-
MENT.—The Secretary shall 
develop a system by which to 
measure cost and adminis-
trative 
burden 
associated 
with compliance with sub-
paragraph 
(D)(i)(II) 
and 
shall consider requests from 
local 
educational 
agencies 
based on that system.’’; 
(iv) in subparagraph (H)(i)— 
(I) in subclause (I), by striking 
‘‘November’’ and inserting ‘‘December’’; 
and 
(II) in subclause (II), by striking 
‘‘December’’ and inserting ‘‘January’’; 
(v) in subparagraph (K)(i), in the 
matter preceding subclause (I), by striking 
‘‘data mining’’ and inserting ‘‘analyses of 
data’’; 
(vi) by amending subparagraph (K)(ii) 
to read as follows: 
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‘‘(ii) REPORT.—Not later than two 
years after the date of the enactment of the 
Improving Child Nutrition and Education 
Act of 2016, the Secretary shall submit to 
the Committee on Education and the Work-
force of the House of Representatives and 
Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report describing— 
‘‘(I) the results of the feasibility 
study conducted under this subsection; 
‘‘(II) how a computer system— 
‘‘(aa) 
used 
to 
reduce 
verification and certification er-
rors can be adapted to further re-
duce errors; and 
‘‘(bb) using technology de-
scribed in clause (i) could be im-
plemented; and 
‘‘(III) a plan to adapt or imple-
ment such system.’’; 
(vii) by adding at the end the fol-
lowing: 
‘‘(L) ENHANCED VERIFICATION METHODS.— 
‘‘(i) REQUIREMENTS.— 
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‘‘(I) IN GENERAL.—The Secretary 
shall help local educational agencies 
engage in alternative and enhanced 
methods 
of 
certification 
and 
verification to increase the effectiveness 
of the process, reduce certification er-
rors, and produce more meaningful 
management information to facilitate 
local educational agency, State, and 
Federal oversight with respect to pro-
gram integrity in the school meal pro-
grams. 
‘‘(II) BEST PRACTICES.—The Sec-
retary 
shall 
encourage 
local 
edu-
cational agencies to adopt proven best 
practices with regard to verification. 
‘‘(III) SELECTION FOR IMPLEMEN-
TATION.—To the extent necessary to re-
fine alternative verification methods or 
assess the feasibility, impact, or effi-
cacy of the methods prior to recom-
mending the methods, the Secretary 
shall select States and local edu-
cational agencies that have requested to 
participate in the development of best 
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practices to implement methods subject 
to clause (iii). 
‘‘(ii) 
REQUIREMENTS.—The 
certifi-
cation and verification methods shall— 
‘‘(I) meet such terms and condi-
tions as the Secretary considers appro-
priate; and 
‘‘(II) except as otherwise provided 
in this subparagraph, be conducted in 
accordance with this subsection. 
‘‘(iii) SELECTION CRITERIA.—In select-
ing methods, including methods for imple-
mentation under clause (i)(III), the Sec-
retary shall— 
‘‘(I) consider the degree to which 
the method would improve certification 
accuracy and program integrity with-
in the school meal programs; 
‘‘(II) consider whether there is 
evidence that the method could be rep-
licated easily by other local edu-
cational agencies or political subdivi-
sions; 
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‘‘(III) consider whether the meth-
od would increase the efficiency and ef-
fectiveness of the verification process; 
‘‘(IV) consider whether the local 
educational agency or State agency has 
a demonstrated capacity to undertake 
the method and to produce the data 
necessary to support the evaluation; 
and 
‘‘(V) ensure the methods imple-
mented under clause (i)(III) are imple-
mented across a range of geographic 
areas and States, including rural and 
urban areas, and, when considered as 
a group, allow for an assessment of a 
range 
of 
strategies 
regarding 
verification sample selection, obtaining 
eligibility documentation, and the enti-
ty conducting verification, including 
strategies that— 
‘‘(aa) use analyses of data, 
particularly in large local edu-
cational agencies to develop algo-
rithms to select error-prone appli-
cations for verification; 
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‘‘(bb) use third-party data 
sources to confirm eligibility prior 
to 
conducting 
household 
verification under subparagraph 
(G); 
‘‘(cc) 
rely 
on 
alternative 
methods, including message test-
ing, 
of 
communicating 
with 
households to assess which meth-
ods most effectively result in 
household responses; 
‘‘(dd) rely on agencies or or-
ganizations other than the local 
educational agency to conduct 
verification, including at a min-
imum the State agency; and 
‘‘(ee) could reduce the admin-
istrative burden of conducting 
verification for a consortia of 
local educational agencies, includ-
ing shared online applications 
and shared verification proce-
dures. 
‘‘(iv) 
REDUCTION.—Notwithstanding 
the 
limitation 
in 
subparagraph 
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(D)(v)(II)(bb), a local educational agency 
that uses the strategies described in clause 
(iii)(V) may qualify for a reduction of ad-
ditional 0.25 percentage points under such 
subparagraph, creating a floor of 2.25 per-
cent for the verification sample size.’’; 
(C) in paragraph (4)— 
(i) in subparagraph (B), by inserting 
‘‘, including a child enrolled in a nonpublic 
school,’’ after ‘‘under which a child’’; 
(ii) by striking subparagraph (E); 
(iii) by redesignating subparagraphs 
(F) and (G) as subparagraphs (E) and (F), 
respectively; and 
(iv) in subparagraph (E) (as so redes-
ignated)— 
(I) in clause (i), by striking 
‘‘means—’’ 
and 
all 
that 
follows 
through ‘‘each school year thereafter’’ 
in 
subclause 
(III) 
and 
inserting 
‘‘means, for the school year’’; 
(II) in clause (ii)— 
(aa) in subclause (II), by 
striking ‘‘and’’ at the end; 
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(bb) in subclause (III), by 
striking the period at the end and 
inserting a semicolon; and 
(cc) by adding at the end the 
following: 
‘‘(IV) include in the report re-
quired under section 4301 of the Food, 
Conservation, and Energy Act of 2008 
(42 U.S.C. 1758a), a description of 
technical assistance provided to and 
progress of States identified under sub-
clause (I) toward implementing the 
measures and meeting the goals estab-
lished by the State as required under 
clause (iii)(II); and 
‘‘(V) provide guidance to schools 
on providing meals and collecting pay-
ment for any student who is no longer 
able to receive meals because the stu-
dent did not provide a response to the 
verification request for the student’s 
school meal application.’’; and 
(III) in clause (iii)(II)(bb), by in-
serting ‘‘within 3 school years’’ after 
‘‘those measures’’; 
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(D) in paragraph (15)— 
(i) in subparagraph (B)(i), by striking 
‘‘section 9(b)(1)(A) of this Act’’ and insert-
ing ‘‘paragraph (1)(A)’’; and 
(ii) in subparagraphs (C)(ii) and (D), 
by striking ‘‘paragraph (4)(G)’’ both places 
it 
appears 
and 
inserting 
‘‘paragraph 
(4)(F)’’; 
(4) in subsection (f)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) meet minimum nutritional require-
ments prescribed by the Secretary on the basis of 
tested nutritional research specifically conducted 
to understand the impact for children, except 
that the minimum nutritional requirements— 
‘‘(i) may not prohibit the substitution 
of foods to accommodate the medical, in-
cluding allergies, or other special dietary 
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needs of individual students, including reli-
gious dietary restrictions; and 
‘‘(ii) shall, as possible in accommo-
dating the medical or other special dietary 
needs of such students, be based on the week-
ly average of the nutrient content of school 
lunches.’’; 
(B) in paragraph (3)(A)(ii), by striking 
‘‘paragraph (3)’’ and inserting ‘‘paragraph (2)’’; 
(C) by striking paragraph (4) and inserting 
the following: 
‘‘(4) REGULATIONS, REVIEW, AND RELIEF.— 
‘‘(A) REVIEW
REGULATIONS.—The Sec-
retary shall, at least every 3 years— 
‘‘(i) review the regulations promul-
gated in accordance with this Act for the 
school meal programs described in para-
graph (1) (in this paragraph referred to as 
the ‘school meal programs’); 
‘‘(ii) with consultation from a parent, 
a pediatrician, a dietician who conducts 
child nutrition research, and stakeholders in 
schools (including school leaders, school 
boards, local educational agency adminis-
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culture, Nutrition, and Forestry of the Sen-
ate— 
‘‘(I) a notice that no changes to 
the regulations are required and the 
certification described in clause (ii); or 
‘‘(II) the regulations, as revised 
under clause (iv), and the certification 
described in clause (ii). 
‘‘(B) FIRST REVIEW.—The first review re-
quired under subparagraph (A) after the date of 
enactment of the Improving Child Nutrition and 
Education Act of 2016 shall— 
‘‘(i) be concluded not later than De-
cember 31, 2016; 
‘‘(ii) include a review of the sodium 
and whole grain requirements under the 
regulations for the school meal programs; 
and 
‘‘(iii) ensure that such requirements— 
‘‘(I) maintain the sodium target 
requirements established for the school 
lunch program and school breakfast 
program under sections 210.10(f) and 
220.8(f) of title 7, Code of Federal Reg-
ulations, respectively (as such regula-
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tions are in effect on the day before the 
date of the enactment of the Improving 
Child Nutrition and Education Act of 
2016) until such requirements are re-
vised in accordance with subclause 
(II); and 
‘‘(II) in a case in which the so-
dium target requirements are revised 
as a result of the review described in 
this subparagraph, ensure that such a 
revision— 
‘‘(aa) is based on health re-
quirements for children; 
‘‘(bb) is supported by a ma-
jority of research focused on 
school-aged children that directly 
establishes, through well-controlled 
randomized 
trials 
or 
well-de-
signed, 
long-term 
observational 
studies, that sodium reductions 
are both safe and produce bene-
ficial health outcomes for such 
children; 
‘‘(cc) is able to support food 
safety and be produced in a man-
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ner that does not significantly in-
crease the cost of food; and 
‘‘(dd) does not take effect 
until 3 years after the revision 
has been published in the Federal 
Register. 
‘‘(C) SPECIAL RULE FOR REGULATION RE-
LIEF FOR FAMILY MEAL DAYS.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the Secretary shall issue guidance, or 
promulgate new rules as necessary, to en-
sure each State agency provides guidance to 
school food authorities with respect to the 
allowance of up to 4 family meal days, as 
designated by a school, which shall be ex-
empt from the meal pattern rules specified 
under the regulations for the school meal 
programs, during which the school may— 
‘‘(I) invite parents to participate 
in special meals, such as a Thanks-
giving meal or a parents’ day meal; 
and 
‘‘(II) provide additional nutrition 
education, such as recipe building or 
healthy cooking classes to parents and 
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families on making healthy meal op-
tions at home, which may be provided 
by an entity or individual other than 
a school food service director or food 
service personnel. 
‘‘(ii) 
CLARIFICATION.—In 
issuing 
guidance or promulgating rules under 
clause (i), the Secretary shall not establish 
any requirements or limitations for family 
meal days, except to ensure that schools 
have the authority to hold up to 4 family 
meal days per school year. 
‘‘(D) REGULATION FLEXIBILITY.—The Sec-
retary shall provide guidance, when there is dif-
ficulty in procuring food to comply with the reg-
ulations, to allow a school food authority to sub-
stitute food items across food groups and sub-
groups, including in-season, locally-produced 
fruits and vegetables, notwithstanding the food- 
based meal patterns and menu planning require-
ments of this subsection, provided that the school 
food authority continues to meet applicable daily 
and weekly nutrient and dietary requirements 
under this subsection.’’; and 
(D) by adding at the end the following: 
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‘‘(5) ACCOMMODATIONS.—The accommodation 
requirements described in paragraph (1)(C)(i) shall 
apply to all programs under this Act and all pro-
grams under the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.), except for section 17 of such Act 
(42 U.S.C. 1786).’’. 
(5) by striking subsections (g) and (k); 
(6) by redesignating subsections (h), (i), (j), and 
(l) as subsections (g), (h), (i), and (j), respectively; 
and 
(7) in subsection (g) (as so redesignated), by 
striking ‘‘2011 through 2015’’ each place it appears 
in paragraphs (3) and (4) and inserting ‘‘2017 
through 2021’’. 
SEC. 105. MISCELLANEOUS PROVISIONS. 
(a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY 
AREAS THRESHOLD.—Section 11(a)(1)(F) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
17659a(a)(1)(F)) is amended— 
(1) in clause (ii)(I), in the matter preceding 
item (aa), by inserting ‘‘(including a subset of schools 
within the local educational agency if the result ob-
tained by dividing the total number of the identified 
students enrolled in such schools by the total number 
of all students enrolled in such schools, is above the 
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lotter on DSK5VPTVN1PROD with BILLS
threshold in clause (viii))’’ after ‘‘on behalf of certain 
schools’’; and 
(2) by striking clause (viii) and inserting the fol-
lowing: 
‘‘(viii) THRESHOLD.— 
‘‘(I) IN GENERAL.—For each school year be-
ginning on or after July 1, 2017, the Secretary 
shall use a threshold that is not less than 60 per-
cent. 
‘‘(II) COMMUNITY
ELIGIBILITY
SELECTION 
TRANSITION.—In the case of a school that re-
ceived special assistance payments under this 
subparagraph during the school year imme-
diately prior to the school year in which the Im-
proving Child Nutrition and Education Act of 
2016 was enacted, such school shall, not later 
than June 30, 2018— 
‘‘(aa) meet the threshold described in 
subclause (I); or 
‘‘(bb) transition from receiving pay-
ments under this subparagraph in accord-
ance with subclause (III). 
‘‘(III) TECHNICAL
ASSISTANCE.—In the 
case of schools described in subclause (II)(bb), the 
Secretary shall provide technical assistance to 
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ensure that such schools are able to effectively 
and efficiently transition from receiving pay-
ments under this subparagraph to receiving spe-
cial assistance payments otherwise made avail-
able under this paragraph, including commu-
nicating the application process to families in a 
timely manner to ensure continuity of services 
for eligible families.’’; and 
(3) in clause (xi)— 
(A) in subclause (II), by striking ‘‘Not later 
than December 31, 2013’’ and inserting ‘‘Not 
later than one year after the date of enactment 
of the Improving Child Nutrition and Education 
Act of 2016’’; and 
(B) in subclause (III), by striking ‘‘If the 
Secretary uses the authority provided in clause 
(vii)(II)(bb) to use a different multiplier for dif-
ferent schools or local educational agencies, for 
each school year beginning on or after July 1, 
2014, not later than April 1, 2014’’ and insert-
ing ‘‘If the Secretary uses the authority provided 
in clause (vii), for each school year beginning on 
or after July 1, 2017, not less than one year 
prior to the Secretary electing to use such au-
thority’’. 
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(b) REIMBURSEMENT RATE.—Section 11(a)(3)(A) of 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 17659a(a)(3)(A)) is amended by striking ‘‘July 1’’ 
and inserting ‘‘February 15’’. 
(c) DEFINITION OF STATE AGENCY.—Paragraph (9) of 
section 12(d) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1760(d)(9)) is amended to read as 
follows: 
‘‘(9) STATE AGENCY.—The term ‘State agency’ 
means— 
‘‘(A) the chief State school officer (such as 
the State superintendent of public instruction, 
commissioner of education, or similar officer); 
‘‘(B) a board of education controlling the 
State department of education; 
‘‘(C) the State Commissioner or individual 
who administers agricultural programs in the 
State; or 
‘‘(D) a State official the State legislature 
designates to administer the programs under this 
Act.’’. 
(d) PROCUREMENT TRAINING.—Section 12(m)(4) of 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) is amended by striking ‘‘2015’’ and inserting 
‘‘2021’’. 
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(e) PRICE FOR A PAID LUNCH.—Section 12 of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1760) is further amended by striking subsection (p) and 
redesignating subsections (q) and (r) as subsections (p) and 
(q), respectively. 
SEC. 106. SUMMER FOOD SERVICE PROGRAM FOR CHIL-
DREN. 
Section 13 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1761) is amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by adding at the end 
the following: 
‘‘(C) EDUCATIONAL AND ENRICHMENT AC-
TIVITIES.—In determining participation under 
subparagraph (A), the State shall prioritize ap-
plications that include an educational or enrich-
ment activity, or demonstrate a partnership with 
an entity providing such activity.’’; 
(B) by amending paragraph (8) to read as 
follows: 
‘‘(8) STREAMLINING.— 
‘‘(A) SEAMLESS SUMMER.—Except as other-
wise determined by the Secretary, a service insti-
tution that is a public or private nonprofit 
school food authority may provide summer or 
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school vacation food service in accordance with 
applicable provisions of law governing the school 
lunch program established under this Act or the 
school breakfast program established under the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
seq.). 
‘‘(B) SUMMER AND CACFP AT-RISK STREAM-
LINING.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subsections (b)(2) and (c)(1), in order for 
States and service institutions to operate 
more effectively through the year, a State 
may elect to streamline and simplify pro-
gram operations and requirements by re-
ducing paperwork and other administrative 
burdens, and consolidating training, moni-
toring, and other requirements, while re-
taining appropriate measures of program 
integrity. Such State election may include 
the utilization of technical assistance pro-
vided to the State under clause (iv) and 
shall apply to service institutions that— 
‘‘(I) are described in paragraphs 
(6) or (7); 
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‘‘(II) provide care to at-risk school 
children 
(as 
defined 
in 
section 
17(r)(2)), and may be eligible child 
care centers or homes (as defined under 
section 17(a)(2)); and 
‘‘(III) are not public schools. 
‘‘(ii) 
STREAMLINED
REIMBURSE-
MENT.—States that demonstrate stream-
lined and simplified program operations 
under clause (i) for service institutions, and 
that are selected by the Secretary under 
clause (v), shall streamline reimbursements 
for such service institutions by providing 
reimbursements for— 
‘‘(I) lunch and either breakfast or 
a supplement served to at-risk school 
children— 
‘‘(aa) during each day of op-
eration during the months of May 
through September; and 
‘‘(bb) in the case of a service 
institution that provides meal 
service to such children who are 
not in school for a period during 
the school year due to a natural 
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disaster, building repair, court 
order, or similar cause, at any 
time during such period in that 
school year; and 
‘‘(II) up to 1 meal and 1 supple-
ment served to at-risk school children 
during each day of operation outside of 
school hours during the regular or con-
tinuous 
school 
calendar, 
including 
after school, weekends, and school holi-
days. 
‘‘(iii) RATE
OF
REIMBURSEMENT.— 
The State shall reimburse service institu-
tions seeking reimbursement under this sub-
paragraph at a rate that is consistent with 
section 17(r)(4)(B). 
‘‘(iv) TECHNICAL ASSISTANCE.— 
‘‘(I) IN GENERAL.—Not later than 
December 31, 2016, the Secretary shall 
develop guidance and provide technical 
assistance for States and service insti-
tutions to assist in the implementation 
of this subparagraph, including by 
identifying areas of programmatic 
overlap in the program under this sec-
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lotter on DSK5VPTVN1PROD with BILLS
tion and the child and adult care food 
program under section 17 in order for 
States to simplify the administration 
and oversight of each such program. 
‘‘(II) GUIDANCE.—Such guidance 
shall include information on possible 
ways States may ensure participation 
under this subparagraph will lead to 
reduced paperwork and other adminis-
trative 
burdens, 
including 
rec-
ommendations for streamlined pro-
gram applications, reporting require-
ments, inspections, and other areas of 
potential duplication, while retaining 
appropriate measures of program in-
tegrity. 
‘‘(III) OTHER STATES.—Informa-
tion provided under this clause shall be 
provided in such a manner that any 
State may identify areas of pro-
grammatic overlap, and reduce paper-
work and other burdens, even if such 
State has not yet been selected to pro-
vide reimbursements to service institu-
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tions in accordance with this subpara-
graph. 
‘‘(v) SUCCESSFUL IMPLEMENTATION.— 
‘‘(I) IN GENERAL.—A State seek-
ing to provide reimbursements in ac-
cordance this subparagraph shall dem-
onstrate to the Secretary the ways in 
which the State has used the election 
under clause (i) to reduce paperwork 
and 
other 
administrative 
burdens 
while retaining appropriate measures 
of program integrity, which may in-
clude the utilization of technical assist-
ance provided to the State under clause 
(iv). 
‘‘(II) 
INITIAL
SELECTION
OF 
STATES.— 
‘‘(aa) 
IN
GENERAL.—The 
Secretary shall select not more 
than 5 States to provide reim-
bursements in accordance with 
this subparagraph, beginning in 
May 2017, if such States have the 
capacity to effectively implement 
this 
subparagraph, 
as 
dem-
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onstrated by streamlining and 
simplifying program operations 
in accordance with subclause (I). 
‘‘(bb) UPDATE.—When ap-
propriate, but not later than May 
31, 2018, and consistent with sub-
clause (V)(bb), the Secretary shall 
update the information under 
clause (iv). 
‘‘(III) 
NEXT
SELECTION
OF 
STATES.— 
‘‘(aa) IN
GENERAL.—If the 
Secretary determines that addi-
tional States have the capacity 
described in subclause (I) and ad-
ditional best practices could be 
provided by further implementa-
tion of this subparagraph, the 
Secretary may select not more 
than 5 such States to provide re-
imbursements in accordance with 
this subparagraph beginning in 
October 2018. 
‘‘(bb) 
UPDATE.—Not 
later 
than September 30, 2019, and 
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consistent with subclause (V)(bb), 
the Secretary shall update the in-
formation under clause (iv) to re-
flect the further implementation of 
this subparagraph. 
‘‘(IV) ADDITIONAL SELECTION OF 
STATES.—The Secretary may select ad-
ditional States to provide reimburse-
ments in accordance with this sub-
paragraph beginning in May 2020, 
and each year thereafter, if such States 
have the capacity described in sub-
clause (I). 
‘‘(V) BEST PRACTICES.— 
‘‘(aa) IN
GENERAL.—As a 
condition of being selected under 
this clause, a State shall provide, 
in such time and in such manner 
as the Secretary may reasonably 
require, information to the Sec-
retary regarding best practices of 
successful implementation of this 
subparagraph. 
‘‘(bb) 
UPDATE.—The 
Sec-
retary shall continue to periodi-
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cally 
update 
the 
information 
under clause (iv) to include the 
best practices provided under item 
(aa) for continued successful im-
plementation of this subpara-
graph.’’; 
(C) by striking paragraphs (9), (10), and 
(12); and 
(D) by redesignating paragraph (11) as 
paragraph (9); and 
(E) by adding at the end the following: 
‘‘(10) TEMPORARY
ALLOWANCE
FOR
OFF-SITE 
CONSUMPTION.— 
‘‘(A) IN
GENERAL.—Beginning in May 
2017, the Secretary shall grant requests made by 
a State to allow children who are participating 
in the program but for whom an operation under 
paragraph (12) is not available, to consume 
meals away from a congregate feeding site when 
the program is available to such children at the 
site, but— 
‘‘(i) the site is closed due to extreme 
weather conditions; 
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‘‘(ii) violence or other public safety 
concerns in the area temporarily prevent 
children from traveling safely to the site; or 
‘‘(iii) other emergency circumstances, 
as defined by the State, prevent access to the 
site. 
‘‘(B) LIMITATIONS.—In granting a request 
under subparagraph (A), the Secretary shall en-
sure that— 
‘‘(i) allowances are issued by a State 
only between the months of May through 
September; 
‘‘(ii) allowances are granted in the 
most efficient and effective manner to en-
sure programs and States can quickly re-
spond and adapt to the circumstances de-
scribed in clauses (i) through (iii) of sub-
paragraph (A); and 
‘‘(iii) once an allowance is issued, any 
meal in which a component is offered but 
not served is not reimbursed under sub-
section (b). 
‘‘(C) STATE PLAN.—As part of the manage-
ment and administration plan described in sub-
section (n), a State shall describe— 
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