§1766. Child and adult care food program
(a) Grants-in-aid; "institution" defined; guidelines for institutions providing care to children outside of school hours; eligibility
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. 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 [42 U.S.C. 1397 et seq.] (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). 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). The Secretary may establish separate guidelines for institutions that provide care to school children outside of school hours. For purposes of determining eligibility-
(1) 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; and
(2) 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.], for a period of time specified by the Secretary;
(C) will provide adequate supervisory and operational personnel for overall monitoring and management of the child care food program; and
(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.
(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
(d) Requirements for approval; notification; reapplication
(1) Any eligible public institution shall be approved for participation in the child care food program upon its request. Any eligible private institution shall be approved for participation if it has been visited by a State agency prior to approval and it (A) has tax exempt status under title 26 or, under conditions established by the Secretary, is moving toward compliance with the requirements for tax exempt status, or (B) is currently operating a Federal program requiring nonprofit status. Family or group day care homes need not have individual tax exempt certification if they are sponsored by an institution that has tax exempt status, or, under conditions established by the Secretary, such institution is moving toward compliance with the requirements for tax exempt status or is currently operating a Federal program requiring nonprofit status. 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. An institution applying for participation under this section shall be notified of approval or disapproval in writing within thirty days after the date its completed application is filed.
(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; and
(ii) 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)(1) of this section.
(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 disbursement to institutions
(1) 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.
(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.
(3)
(A)
(i)
(ii)
(I)
(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)
(III)
(IV)
(iii)
(I)
(aa)
(bb)
(cc)
(II)
(aa)
(bb)
(III)
(aa)
(bb)
(cc)
(IV)
(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)
(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)
(i)
(I)
(II)
(aa) assistance, including grants, to family and day care home sponsoring organizations and other appropriate organizations, in securing and providing training, materials, automated data processing assistance, and other assistance for the staff of the sponsoring organizations; and
(bb) training and other assistance to family and group day care homes in the implementation of the amendment to subparagraph (A) made by section 708(e)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
(ii)
(I) $30,000 in base funding to each State; and
(II) any remaining amount among the States, based on the number of family day care homes participating in the program in a State during fiscal year 1995 as a percentage of the number of all family day care homes participating in the program during fiscal year 1995.
(iii)
(iv)
(E)
(i)
(ii)
(I)
(II)
(iii)
(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.
(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 2 statewide demonstration projects 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-
(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; and
(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.].
(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) 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 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) Supplement reimbursement
(A) Limitations
An institution may claim reimbursement under this subsection only for-
(i) a supplement 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; and
(ii) one supplement per child per day.
(B) Rate
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 supplement claimed for reimbursement under this subsection shall be served without charge.
(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) of this section shall not apply to an emergency shelter.
(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, §17, as added
References in Text
The Social Security Act, referred to in subsecs. (a), (o)(2)(B), (5)(B), and (p)(3)(A)(ii), (B)(v), is act Aug. 14, 1935, ch. 531,
The Child Nutrition Act of 1966, referred to in subsecs. (a)(2)(B), (f)(3)(A)(ii)(I)(bb), (E)(ii)(I), (q)(1), and (r)(1)(B), is
The Head Start Act, referred to in subsec. (c)(5), is subchapter B (§§635–657) of chapter 8 of subtitle A of title VI of
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
Section 708(e)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (f)(3)(D)(i)(II)(bb), is section 708(e)(1) of
The Agricultural Act of 1949, referred to in subsec. (h)(2), is act Oct. 31, 1949, ch. 792,
The Older Americans Act of 1965, referred to in subsec. (o)(3)(B), is
The Food Stamp Act of 1977, referred to in subsec. (o)(5)(A), is
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
Amendments
1998-Subsec. (a).
Subsec. (a)(1).
Subsec. (c)(6).
Subsec. (d)(1).
Subsec. (d)(2)(A).
Subsec. (h)(1)(B).
Subsec. (i).
Subsec. (p)(4), (5).
"(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).
Subsec. (r).
Subsec. (s).
Subsec. (t).
1996-Subsec. (a).
Subsec. (a)(2)(D).
Subsec. (c)(1) to (3).
Subsec. (d)(1).
Subsec. (f)(2)(B).
Subsec. (f)(3).
Subsec. (f)(3)(A).
Subsec. (f)(3)(B).
Subsec. (f)(3)(C)(ii).
Subsec. (f)(3)(D).
Subsec. (f)(3)(E).
Subsec. (f)(4).
Subsec. (g)(1)(A).
Subsec. (g)(1)(B).
Subsec. (k).
Subsec. (m).
Subsec. (q).
1994-Subsec. (c)(5).
Subsec. (c)(6).
Subsec. (d)(2)(A).
Subsec. (f)(3)(C).
Subsec. (g)(1).
Subsec. (k)(4).
Subsec. (p).
Subsec. (q).
1993-Subsec. (o)(3)(A).
1992-Subsec. (a).
Subsec. (o)(2)(A)(i).
Subsec. (p)(5).
1989-
Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (d)(1).
Subsec. (e).
Subsec. (f)(1).
Subsec. (f)(2)(B).
Subsec. (f)(3)(A).
Subsec. (f)(3)(C).
Subsec. (h)(1).
Subsec. (k).
Subsec. (l).
Subsecs. (m), (n).
Subsec. (o).
Subsec. (p).
Subsec. (q).
1988-Subsec. (f)(2)(B).
Subsec. (h).
Subsec. (p)(3)(A).
Subsec. (p)(4).
Subsec. (p)(5).
1987-Subsec. (p).
1986-Subsec. (a)(1).
Subsec. (e).
1981-Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (f)(1).
Subsec. (f)(2) to (5).
Subsec. (g).
Subsec. (i).
Subsecs. (j) to (l).
Subsec. (m).
Subsec. (n).
Subsecs. (o) to (r).
1980-Subsec. (a).
Subsec. (c).
Subsec. (n)(1).
1978-Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsecs. (l) to (r).
1977-Subsec. (e).
Subsec. (j)(1).
Effective Date of 1998 Amendment
Amendment by section 107(j)(1), (2)(B) of
Amendment by sections 101(b) and 107(a)–(i), (j)(3)(C) of
Effective Date of 1996 Amendment
Section 708(k)(1), (2) of
"(1)
"(2)
Effective Date of 1994 Amendment
Amendment by sections 105(c) and 116 of
Amendment by section 109(b) of
Effective Date of 1992 Amendment
Section 811(b) of
Effective Date of 1989 Amendment
Amendment by section 131(b) of
Effective Date of 1988 Amendment
Amendment by section 211 of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by sections 810(a), (f), (g), 817(c), and 819(k) of
Effective Date of 1980 Amendment
Section 207(b) of
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 19 of
Implementation of 1989 Amendments
Section 105(d) of
"(1)
"(2)
Regulations
Section 708(k)(3) of
"(A)
"(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)
Section 204(b) of
Study of Impact of Amendments by Pub. L. 104–193 on Program Participation and Family Day Care Licensing
Section 708(l) of
Family or Group Day Care Home Demonstration Project
Section 503 of
Review and Revision of Nutrition Requirements for Meals Served Under Breakfast Program; Promulgation of Regulations
Section 330(b) of title III of
Adjustments in National Average Payment Rate for Supplements During Fiscal Year Ending September 30, 1981
Section 208(a) of
Section Referred to in Other Sections
This section is referred to in sections 1752, 1758, 1759a, 1760, 1766a, 1769f, 1773, 1776 of this title.