PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3183 

Public Law 111–296 

111th Congress 

An Act 

To reauthorize child nutrition programs, and for other purposes. 

Be it enacted by the Senate and House of Representatives 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 ‘‘Healthy, 

Hunger-Free Kids Act of 2010’’. 

(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. Improving direct certification. 

Sec. 102. Categorical eligibility of foster children. 

Sec. 103. Direct certification for children receiving Medicaid benefits. 

Sec. 104. Eliminating individual applications through community eligibility. 

Sec. 105. Grants for expansion of school breakfast programs. 

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 support grants. 

Subtitle C—Child and Adult Care Food Program 

Sec. 121. Simplifying area eligibility determinations in the child and adult care 

food program. 

Sec. 122. Expansion of afterschool meals for at-risk children. 

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. Review of local policies on meal charges and provision of alternate meals. 

TITLE II—REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS 

OF CHILDREN 

Subtitle A—National School Lunch Program 

Sec. 201. Performance-based reimbursement rate increases for new meal patterns. 

Sec. 202. Nutrition requirements for fluid milk. 

Sec. 203. Water. 

Sec. 204. Local school wellness policy implementation. 

Sec. 205. Equity in school lunch pricing. 

Sec. 206. Revenue from nonprogram foods sold in schools. 

42 USC 1751 

note. 

Healthy, HungerFree Kids Act of 

2010. 

Dec. 13, 2010 

[S. 3307] 


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124 STAT. 3184 PUBLIC LAW 111–296—DEC. 13, 2010 

Sec. 207. Reporting and notification of school performance. 

Sec. 208. Nutrition standards for all foods sold in school. 

Sec. 209. Information for the public on the school nutrition environment. 

Sec. 210. Organic food pilot program. 

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. Interagency coordination to promote health and wellness in child care licensing. 

Sec. 223. 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. 241. Nutrition education and obesity prevention grant program. 

Sec. 242. Procurement and processing of food service products and commodities. 

Sec. 243. Access to Local Foods: Farm to School Program. 

Sec. 244. Research on strategies to promote the selection and consumption of 

healthy foods. 

TITLE III—IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD 

NUTRITION PROGRAMS 

Subtitle A—National School Lunch Program 

Sec. 301. Privacy protection. 

Sec. 302. Applicability of food safety program on entire school campus. 

Sec. 303. Fines for violating program requirements. 

Sec. 304. Independent review of applications. 

Sec. 305. Program evaluation. 

Sec. 306. Professional standards for school food service. 

Sec. 307. Indirect costs. 

Sec. 308. Ensuring safety of school meals. 

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 agreements. 

Sec. 332. State liability for payments to aggrieved child care institutions. 

Sec. 333. Transmission of income information by sponsored family or group day 

care homes. 

Sec. 334. Simplifying and enhancing administrative payments to sponsoring organizations. 

Sec. 335. Child and adult care food program audit funding. 

Sec. 336. Reducing paperwork and improving program administration. 

Sec. 337. Study relating to the child and adult care food program. 

Subtitle D—Special Supplemental Nutrition Program for Women, Infants, and 

Children 

Sec. 351. Sharing of materials with other programs. 

Sec. 352. WIC program management. 

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 I—RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 401. Commodity support. 

Sec. 402. Food safety audits and reports by States. 

Sec. 403. Procurement training. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3185 

Sec. 404. Authorization of the summer food service program for children. 

Sec. 405. Year-round services for eligible entities. 

Sec. 406. Training, technical assistance, and food service management institute. 

Sec. 407. Federal administrative support. 

Sec. 408. Compliance and accountability. 

Sec. 409. Information clearinghouse. 

PART II—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 children. 

Sec. 424. Farmers market nutrition program. 

Subtitle B—Technical Amendments 

Sec. 441. Technical amendments. 

Sec. 442. Use of unspent future funds from the American Recovery and Reinvestment Act of 2009. 

Sec. 443. Equipment assistance technical correction. 

Sec. 444. Budgetary effects. 

Sec. 445. Effective date. 

SEC. 2. DEFINITION OF SECRETARY. 

In this Act, the term ‘‘Secretary’’ means the Secretary of Agriculture. 

TITLE I—A PATH TO END CHILDHOOD 

HUNGER 

Subtitle A—National School Lunch 

Program 

SEC. 101. 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 NUTRITION ASSISTANCE PRO- GRAM’’; 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 Secretary shall offer performance awards 

to States to encourage the States to ensure that all 

children eligible for direct certification under this paragraph are certified in accordance with this paragraph. 

‘‘(ii) REQUIREMENTS.—For each school year 

described in clause (i), the Secretary shall— 

‘‘(I) consider State data from the prior school 

year, including estimates contained in the report 

required under section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a); 

and 

‘‘(II) make performance awards to not more 

than 15 States that demonstrate, as determined 

by the Secretary— 

‘‘(aa) outstanding performance; and 

‘‘(bb) substantial improvement. 

‘‘(iii) USE OF FUNDS.—A State agency that receives 

a performance award under clause (i)— 

Effective dates. 

7 USC 3179 note. 


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124 STAT. 3186 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(I) shall treat the funds as program income; 

and 

‘‘(II) may transfer the funds to school food 

authorities for use in carrying out the program. 

‘‘(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 Secretary— ‘‘(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 ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, 

and shall use to carry out this clause the funds 

transferred under subclause (I), without further 

appropriation. 

‘‘(v) PAYMENTS NOT SUBJECT TO JUDICIAL REVIEW.— 

A determination by the Secretary whether, and in what 

amount, to make a performance award under this 

subparagraph shall not be subject to administrative 

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 PERCENTAGE.—In this 

subparagraph, the term ‘required percentage’ means— 

‘‘(I) for the school year beginning July 1, 2011, 

80 percent; 

‘‘(II) for the school year beginning July 1, 2012, 

90 percent; and 

‘‘(III) for the school year beginning 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 year, 

including estimates contained in the report 

required under section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a), 

States that directly certify less than the required 

percentage 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 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 implement a continuous 

improvement plan in accordance with subclause 

(II). 

‘‘(iii) FAILURE TO MEET PERFORMANCE STANDARD.— 

Effective dates. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3187 

‘‘(I) IN GENERAL.—A State that is required to 

develop and implement a continuous improvement 

plan under clause (ii)(II) shall be required to 

submit the continuous improvement plan to the 

Secretary, for the approval of the Secretary. 

‘‘(II) REQUIREMENTS.—At a minimum, a 

continuous improvement plan under subclause (I) 

shall include— 

‘‘(aa) specific measures that the State will 

use to identify more children who are eligible 

for direct certification, including improvements or modifications to technology, information systems, or databases; 

‘‘(bb) a timeline for the State to implement 

those measures; and 

‘‘(cc) goals for the State to improve direct 

certification results.’’. 

(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 certification or eligibility for free school 

meals does not meet the requirements of clause (i).’’. 

SEC. 102. CATEGORICAL ELIGIBILITY OF FOSTER CHILDREN. 

(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— 

(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 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 

Definition. 


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124 STAT. 3188 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(II) a foster child who a court has placed with 

a caretaker household.’’. 

(c) DOCUMENTATION.—Section 9(d)(2) of the Richard 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 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) documentation has been provided to the appropriate local educational agency showing the status of the 

child as a foster child who a court has placed with a 

caretaker household.’’. 

SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIVING 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) DEFINITIONS.—In this paragraph: 

‘‘(i) ELIGIBLE CHILD.—The term ‘eligible 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 family with an 

income as measured by the Medicaid program 

before the application of any expense, block, or 

other income disregard, that does not exceed 133 

percent of the poverty line (as defined in section 

673(2) of the Community Services Block Grant 

Act (42 U.S.C. 9902(2), including any revision 

required by such section)) applicable 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 Federal Regulations (or successor regulations) 

with a child described in subclause (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.). 

‘‘(B) DEMONSTRATION PROJECT.— 

‘‘(i) IN GENERAL.—The Secretary, acting through 

the Administrator of the Food and Nutrition Service 

and in cooperation with selected State agencies, shall 

conduct a demonstration project in selected local educational agencies to determine whether direct certification of eligible children is an effective method of 

certifying children for free lunches and breakfasts 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3189 

under section 9(b)(1)(A) of this Act and section 

4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 

1773(e)(1)(A)). 

‘‘(ii) SCOPE OF PROJECT.—The Secretary shall carry 

out the demonstration project under this subparagraph— 

‘‘(I) for the school year beginning July 1, 2012, 

in selected local educational agencies that collectively serve 2.5 percent of students certified for 

free and reduced price meals nationwide, based 

on the most recent available data; 

‘‘(II) for the school year beginning July 1, 2013, 

in selected local educational agencies that collectively serve 5 percent of students certified for free 

and reduced price meals nationwide, based on the 

most recent available data; and 

‘‘(III) for the school year beginning July 1, 

2014, and each subsequent school year, in selected 

local educational agencies that collectively serve 

10 percent of students certified for free and 

reduced price meals nationwide, based on the most 

recent available data. 

‘‘(iii) PURPOSES OF THE PROJECT.—At a minimum, 

the purposes of the demonstration project shall be— 

‘‘(I) to determine the potential of direct certification with the Medicaid program to reach children 

who are eligible for free meals but not certified 

to receive the meals; 

‘‘(II) to determine the potential of direct certification with the Medicaid program to directly certify children who are enrolled for free meals based 

on a household application; and 

‘‘(III) to provide an estimate of the effect on 

Federal costs and on participation in the school 

lunch program under this Act and the school 

breakfast program established by section 4 of the 

Child Nutrition Act of 1966 (42 U.S.C. 1773) of 

direct certification with the Medicaid program. 

‘‘(iv) COST ESTIMATE.—For each of 2 school years 

of the demonstration project, the Secretary shall estimate the cost of the direct certification of eligible children for free school meals through data derived from— 

‘‘(I) the school meal programs authorized 

under this Act and the Child Nutrition Act of 

1966 (42 U.S.C. 1771 et seq.); 

‘‘(II) the Medicaid program; and 

‘‘(III) interviews with a statistically representative sample of households. 

‘‘(C) AGREEMENT.— 

‘‘(i) IN GENERAL.—Not later than July 1 of the 

first school year during which a State agency will 

participate in the demonstration project, the State 

agency shall enter into an agreement with the 1 or 

more State agencies conducting eligibility determinations for the Medicaid program. 

Deadline. 


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124 STAT. 3190 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(ii) WITHOUT FURTHER APPLICATION.—Subject to 

paragraph (6), the agreement described in subparagraph (D) shall establish 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) CERTIFICATION.—For the school year beginning 

on July 1, 2012, and each subsequent school year, subject 

to paragraph (6), the local educational agencies participating in the demonstration project shall certify an eligible 

child 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)). 

‘‘(E) SITE SELECTION.— 

‘‘(i) IN GENERAL.—To be eligible to participate in 

the demonstration project under this subsection, a 

State agency shall submit to the Secretary an application at such time, in such manner, and containing 

such information as the Secretary may require. 

‘‘(ii) CONSIDERATIONS.—In selecting States and 

local educational agencies for participation in the demonstration project, the Secretary may take into consideration such factors as the Secretary considers to be 

appropriate, which may include— 

‘‘(I) the rate of direct certification; 

‘‘(II) the share of individuals who are eligible 

for benefits under the supplemental nutrition 

assistance program established under the Food 

and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) 

who participate in the program, as determined 

by the Secretary; 

‘‘(III) the income eligibility limit for the Medicaid program; 

‘‘(IV) the feasibility of matching data between 

local educational agencies and the Medicaid program; 

‘‘(V) the socioeconomic profile of the State or 

local educational agencies; and 

‘‘(VI) the willingness of the State and local 

educational agencies to comply with the requirements of the demonstration project. 

‘‘(F) ACCESS TO DATA.—For purposes of conducting the 

demonstration project under this paragraph, the Secretary 

shall have access to— 

‘‘(i) educational and other records of State and 

local educational and other agencies and institutions 

receiving funding or providing benefits for 1 or more 

programs authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and 

‘‘(ii) income and program participation information 

from public agencies administering the Medicaid program. 

‘‘(G) REPORT TO CONGRESS.— 

Effective date. 

Procedures. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3191 

‘‘(i) IN GENERAL.—Not later than October 1, 2014, 

the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and 

the Committee on Agriculture, Nutrition, and Forestry 

of the Senate, an interim report that describes the 

results of the demonstration project required under 

this paragraph. 

‘‘(ii) FINAL REPORT.—Not later than October 1, 

2015, the Secretary shall submit a final report to the 

committees described in clause (i). 

‘‘(H) 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 Secretary to carry out subparagraph (G) $5,000,000, to 

remain available until expended. 

‘‘(ii) RECEIPT AND ACCEPTANCE.—The Secretary 

shall be entitled to receive, shall accept, and shall 

use to carry out subparagraph (G) the funds transferred under clause (i), without further appropriation.’’. 

(b) DOCUMENTATION.—Section 9(d)(2) of the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1758(d)(2)) (as amended 

by section 102(c)) is amended— 

(1) in subparagraph (E), by striking ‘‘or’’ at the end; 

(2) in subparagraph (F)(ii), by striking the period 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 showing the status of the 

child as an eligible child (as defined in subsection 

(b)(15)(A)).’’. 

(c) AGREEMENT FOR DIRECT CERTIFICATION AND COOPERATION

BY STATE MEDICAID AGENCIES.— 

(1) IN GENERAL.—Section 1902(a)(7) of the Social Security 

Act (42 U.S.C. 1396a(a)(7)) is amended to read as follows: 

‘‘(7) provide— 

‘‘(A) safeguards which restrict the use or disclosure 

of information concerning applicants and recipients to purposes directly connected with— 

‘‘(i) the administration of the plan; and 

‘‘(ii) the exchange of information necessary to certify or verify the certification of eligibility of children 

for free or reduced price breakfasts under the Child 

Nutrition Act of 1966 and free or reduced price lunches 

under the Richard B. Russell National School Lunch 

Act, in accordance with section 9(b) of that Act, using 

data standards and formats established by the State 

agency; and 

‘‘(B) that, notwithstanding the Express Lane option 

under subsection (e)(13), the State may enter into an agreement with the State agency administering the school lunch 

program established under the Richard B. Russell National 

School Lunch Act under which the State shall establish 

procedures to ensure that— 

‘‘(i) a child receiving medical assistance under the 

State plan under this title whose family income does 

not exceed 133 percent of the poverty line (as defined 

Effective date. 


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124 STAT. 3192 PUBLIC LAW 111–296—DEC. 13, 2010 

in section 673(2) of the Community Services Block 

Grant Act, including any revision required by such 

section), as determined without regard to any expense, 

block, or other income disregard, applicable to a family 

of the size involved, may be certified as eligible for 

free lunches under the Richard B. Russell National 

School Lunch Act and free breakfasts under the Child 

Nutrition Act of 1966 without further application; and 

‘‘(ii) the State agencies responsible for administering the State plan under this title, and for carrying 

out the school lunch program established under the 

Richard B. Russell National School Lunch Act (42 

U.S.C. 1751 et seq.) or the school breakfast program 

established by section 4 of the Child Nutrition Act 

of 1966 (42 U.S.C. 1773), cooperate in carrying out 

paragraphs (3)(F) and (15) of section 9(b) of that Act;’’. 

(2) EFFECTIVE DATE.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the amendments made by this subsection shall take 

effect on the date of enactment of this Act. 

(B) EXTENSION OF EFFECTIVE DATE FOR STATE LAW

AMENDMENT.—In the case of a State plan under title XIX 

of the Social Security Act (42 U.S.C. 1396 et seq.) which 

the Secretary of Health and Human Services determines 

requires State legislation in order for the plan to meet 

the additional requirements imposed by the amendments 

made by this section, the State plan shall not be regarded 

as failing to comply with the requirements of the amendments made by this section solely on the basis of its failure 

to meet such additional requirements before the first day 

of the first calendar quarter beginning after the close of 

the first regular session of the State legislature that begins 

after the date of the enactment of this Act. For purposes 

of the previous sentence, in the case of a State that has 

a 2-year legislative session, each year of the session is 

considered to be a separate regular session of the State 

legislature. 

(d) CONFORMING AMENDMENTS.—Section 444(b)(1) of the General Education Provisions Act (20 U.S.C. 1232g(b)(1)) is amended— 

(1) in subparagraph (I), by striking ‘‘and’’ at the end; 

(2) in subparagraph (J)(ii), by striking the period at the 

end and inserting ‘‘; and’’; 

(3) by adding at the end the following: 

‘‘(K) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting 

on behalf of the Food and Nutrition Service, for the purposes 

of conducting program monitoring, evaluations, and performance measurements of State and local educational and other 

agencies and institutions receiving funding or providing benefits 

of 1 or more programs authorized under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.) or the 

Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) for which 

the results will be reported in an aggregate form that does 

not identify any individual, on the conditions that— 

‘‘(i) any data collected under this subparagraph shall 

be protected in a manner that will not permit the personal 

Confidentiality. 

42 USC 1396a 

note. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3193 

identification of students and their parents by other than 

the authorized representatives of the Secretary; and 

‘‘(ii) any personally identifiable data shall be destroyed 

when the data are no longer needed for program monitoring, evaluations, and performance measurements.’’. 

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: 

‘‘(F) UNIVERSAL MEAL SERVICE IN HIGH POVERTY

AREAS.— 

‘‘(i) DEFINITION OF IDENTIFIED STUDENTS.—The 

term ‘identified students’ means students certified 

based on documentation of benefit receipt or categorical 

eligibility as described in section 245.6a(c)(2) of title 

7, Code of Federal Regulations (or successor regulations). 

‘‘(ii) ELECTION OF SPECIAL ASSISTANCE PAYMENTS.— 

‘‘(I) IN GENERAL.—A local educational agency 

may, for all schools in the district or on behalf 

of certain schools in the district, elect to receive 

special assistance payments under this subparagraph in lieu of special assistance payments otherwise made available under this paragraph based 

on applications for free and reduced price lunches 

if— 

‘‘(aa) during a period of 4 successive school 

years, the local educational agency elects to 

serve all children in the applicable schools 

free lunches and breakfasts under the school 

lunch program under this Act and the school 

breakfast program established 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 period for which the local 

educational agency elects to receive special 

assistance payments under this subparagraph, 

the local educational agency or school had a 

percentage of enrolled students who were 

identified students that meets or exceeds the 

threshold described in clause (viii). 


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124 STAT. 3194 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(II) ELECTION TO STOP RECEIVING PAYMENTS.—A local educational agency may, for all 

schools in the district or on behalf of certain 

schools in the district, elect to stop receiving special assistance payments under this subparagraph 

for the following school year by notifying the State 

agency not later than June 30 of the current school 

year of the intention to stop receiving special 

assistance payments under this subparagraph. 

‘‘(iii) FIRST YEAR OF OPTION.— 

‘‘(I) SPECIAL ASSISTANCE PAYMENT.—For each 

month of the first school year of the 4-year period 

during which a school or local educational agency 

elects to receive payments under this subparagraph, special assistance payments at the rate for 

free meals shall be made under this subparagraph 

for a percentage of all reimbursable meals served 

in an amount equal to the product obtained by 

multiplying— 

‘‘(aa) the multiplier described 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 subclause (I) shall be reimbursed at the rate 

provided under section 4. 

‘‘(iv) SECOND, THIRD, OR FOURTH YEAR OF OPTION.— 

‘‘(I) SPECIAL ASSISTANCE PAYMENT.—For each 

month of the second, 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 payments at the rate for free meals shall be made 

under this subparagraph for a percentage of all 

reimbursable meals served in an amount equal 

to the product obtained by multiplying— 

‘‘(aa) the multiplier described in clause 

(vii); by 

‘‘(bb) the higher of the percentage 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 

payments 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 subclause (I) shall be reimbursed at the rate 

provided under section 4. 

‘‘(v) GRACE YEAR.— 

Notification. 

Deadline. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3195 

‘‘(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 assistance payments under subclause (II) 

for an additional grace year. 

‘‘(II) SPECIAL ASSISTANCE PAYMENT.—For each 

month of a grace year, special assistance payments 

at the rate for free meals shall be made under 

this subparagraph for a percentage of all reimbursable meals served in an amount equal to the 

product obtained by multiplying— 

‘‘(aa) the multiplier described 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. 

‘‘(III) PAYMENT FOR OTHER MEALS.—The 

percentage of meals served that is not described 

in subclause (II) shall be reimbursed at the rate 

provided under section 4. 

‘‘(vi) APPLICATIONS.—A school or local educational 

agency that receives special assistance payments under 

this subparagraph may not be required to collect 

applications for free and reduced price lunches. 

‘‘(vii) MULTIPLIER.— 

‘‘(I) PHASE-IN.—For each school year beginning 

on or before July 1, 2013, the multiplier shall 

be 1.6. 

‘‘(II) FULL IMPLEMENTATION.—For each school 

year beginning on or after July 1, 2014, the Secretary may use, as determined by the Secretary— 

‘‘(aa) a multiplier between 1.3 and 1.6; 

and 

‘‘(bb) subject to item (aa), a different multiplier for different schools or local educational 

agencies. 

‘‘(viii) THRESHOLD.— 

‘‘(I) PHASE-IN.—For each school year beginning 

on or before July 1, 2013, the threshold shall be 

40 percent. 

‘‘(II) FULL IMPLEMENTATION.—For each school 

year beginning on or after July 1, 2014, the Secretary may use a threshold that is less than 40 

percent. 

‘‘(ix) PHASE-IN.— ‘‘(I) IN GENERAL.—In selecting States for 

participation during the phase-in period, the Secretary shall select States with an adequate number 

and variety of schools and local educational agencies that could benefit from the option under this 

subparagraph, as determined by the Secretary. 

Deadline. 


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124 STAT. 3196 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(II) LIMITATION.—The Secretary may not 

approve additional schools and local educational 

agencies to receive special assistance payments 

under this subparagraph after the Secretary has 

approved schools and local educational agencies 

in— 

‘‘(aa) for the school year beginning on July 

1, 2011, 3 States; and 

‘‘(bb) for each of the school years beginning 

July 1, 2012 and July 1, 2013, an additional 

4 States per school year. 

‘‘(x) ELECTION OF OPTION.— ‘‘(I) IN GENERAL.—For each school year beginning on or after July 1, 2014, any local educational 

agency eligible to make the election described in 

clause (ii) for all schools in the district or on behalf 

of certain schools in the district may elect to 

receive special assistance payments under clause 

(iii) for the next school year if, not later than 

June 30 of the current school year, the local educational agency submits to the State agency the 

percentage of identified students at the school or 

local educational agency. 

‘‘(II) STATE AGENCY NOTIFICATION.—Not later 

than May 1 of each school year beginning on or 

after July 1, 2011, each State agency with schools 

or local educational agencies that may be eligible 

to elect to receive special assistance payments 

under this subparagraph shall notify— 

‘‘(aa) each local educational agency that 

meets or exceeds the threshold described in 

clause (viii) that the local educational agency 

is eligible to elect to receive special assistance 

payments under clause (iii) for the next 4 

school years, of the blended reimbursement 

rate the local educational agency would receive 

under clause (iii), and of the procedures for 

the local educational agency to make the election; 

‘‘(bb) each local educational agency that 

receives special assistance payments under 

clause (iii) of the blended reimbursement rate 

the local educational agency would receive 

under clause (iv); 

‘‘(cc) each local educational agency in the 

fourth year of electing to receive special assistance payments under this subparagraph that 

meets or exceeds a percentage that is 10 

percentage points lower than the threshold 

described in clause (viii) and that receives special assistance payments under clause (iv), 

that the local educational agency may continue 

to receive such payments for the next school 

year, of the blended reimbursement rate the 

local educational agency would receive under 

clause (v), and of the procedures for the local 

educational agency to make the election; and 

Deadline. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3197 

‘‘(dd) each local educational agency that 

meets or exceeds a percentage that is 10 

percentage points lower than the threshold 

described in clause (viii) that the local educational agency may be eligible to elect to 

receive special assistance payments under 

clause (iii) if the threshold described in clause 

(viii) is met by April 1 of the school year 

or if the threshold is met for a subsequent 

school year. 

‘‘(III) PUBLIC NOTIFICATION OF LOCAL EDU- CATIONAL AGENCIES.—Not later than May 1 of each 

school year beginning on or after July 1, 2011, 

each State agency with 1 or more schools or local 

educational agencies eligible to elect to receive special assistance payments under clause (iii) shall 

submit to the Secretary, and the Secretary shall 

publish, lists of the local educational agencies 

receiving notices under subclause (II). 

‘‘(IV) PUBLIC NOTIFICATION OF SCHOOLS.—Not 

later than May 1 of each school year beginning 

on or after July 1, 2011, each local educational 

agency in a State with 1 or more schools eligible 

to elect to receive special assistance payments 

under clause (iii) shall submit to the State agency, 

and the State agency shall publish— 

‘‘(aa) a list of the schools that meet or 

exceed the threshold described in clause (viii); 

‘‘(bb) a list of the schools that meet or 

exceed a percentage that is 10 percentage 

points lower than the threshold described in 

clause (viii) and that are in the fourth year 

of receiving special assistance payments under 

clause (iv); and 

‘‘(cc) a list of the schools that meet or 

exceed a percentage that is 10 percentage 

points lower than the threshold described in 

clause (viii). 

‘‘(xi) IMPLEMENTATION.— 

‘‘(I) GUIDANCE.—Not later than 90 days after 

the date of enactment of this subparagraph, the 

Secretary shall issue guidance to implement this 

subparagraph. 

‘‘(II) REGULATIONS.—Not later than December 

31, 2013, the Secretary shall promulgate regulations that establish procedures for State agencies, 

local educational agencies, and schools to meet 

the requirements of this subparagraph, including 

exercising the option described in this subparagraph. 

‘‘(III) PUBLICATION.—If the Secretary uses the 

authority provided in clause (vii)(II)(bb) to use a 

different multiplier for different schools or local 

educational agencies, for each school year beginning on or after July 1, 2014, not later than April 

1, 2014, the Secretary shall publish on the website 

of the Secretary a table that indicates— 

Deadline. 

Web site. 

Deadline. 

Deadline. 

Deadline. 

Publication. 

Lists. 

Deadline. 

Publication. 

Lists. 


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124 STAT. 3198 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(aa) each local educational agency that 

may elect to receive special assistance payments under clause (ii); 

‘‘(bb) the blended reimbursement rate that 

each local educational agency would receive; 

and 

‘‘(cc) an explanation of the methodology 

used to calculate the multiplier or threshold 

for each school or local educational agency. 

‘‘(xii) REPORT.—Not later than December 31, 2013, 

the Secretary shall publish a report that describes— 

‘‘(I) an estimate of the number of schools and 

local educational agencies eligible to elect to 

receive special assistance payments under this 

subparagraph that do not elect to receive the payments; 

‘‘(II) for schools and local educational agencies 

described in subclause (I)— 

‘‘(aa) barriers to participation in the special assistance option under this subparagraph, as described by the nonparticipating 

schools and local educational agencies; and 

‘‘(bb) changes to the special assistance 

option under this subparagraph that would 

make eligible schools and local educational 

agencies more likely to elect to receive special 

assistance payments; 

‘‘(III) for schools and local educational agencies 

that elect to receive special assistance payments 

under this subparagraph— 

‘‘(aa) the number of schools and local educational agencies; 

‘‘(bb) an estimate of the percentage of 

identified students and the percentage of 

enrolled students who were certified to receive 

free or reduced price meals in the school year 

prior to the election to receive special assistance payments under this subparagraph, and 

a description of how the ratio between those 

percentages compares to 1.6; 

‘‘(cc) an estimate of the number and share 

of schools and local educational agencies in 

which more than 80 percent of students are 

certified for free or reduced price meals that 

elect to receive special assistance payments 

under that clause; and 

‘‘(dd) whether any of the schools or local 

educational agencies stopped electing to 

receive special assistance payments under this 

subparagraph; 

‘‘(IV) the impact of electing to receive special 

assistance payments under this subparagraph on— 

‘‘(aa) program integrity; 

‘‘(bb) whether a breakfast program is 

offered; 

‘‘(cc) the type of breakfast program offered; 

Publication. 


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‘‘(dd) the nutritional quality of school 

meals; and 

‘‘(ee) program participation; and 

‘‘(V) the multiplier and threshold, as described 

in clauses (vii) and (viii) respectively, that the 

Secretary will use for each school year beginning 

on or after July 1, 2014 and the rationale for 

any change in the multiplier or threshold. 

‘‘(xiii) 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 Secretary to carry out clause (xii) 

$5,000,000, to remain available until September 

30, 2014. 

‘‘(II) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, 

and shall use to carry out clause (xii) the funds 

transferred under subclause (I), without further 

appropriation.’’. 

(2) CONFORMING AMENDMENTS.—Section 11(a)(1)(B) of the 

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

1759a(a)(1)(B)) is amended by striking ‘‘or (E)’’ and inserting 

‘‘(E), or (F)’’. 

(b) UNIVERSAL MEAL SERVICE THROUGH CENSUS DATA.—Section 

11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 

1759a) is amended by adding at the end the following: 

‘‘(g) UNIVERSAL MEAL SERVICE THROUGH CENSUS DATA.— 

‘‘(1) IN GENERAL.—To the maximum extent practicable, the 

Secretary shall identify alternatives to— 

‘‘(A) the daily counting by category of meals provided 

by school lunch programs under this Act and the school 

breakfast program established by section 4 of the Child 

Nutrition Act of 1966 (42 U.S.C. 1773); and 

‘‘(B) the use of annual applications as the basis for 

eligibility to receive free meals or reduced price meals 

under this Act. 

‘‘(2) RECOMMENDATIONS.— 

‘‘(A) CONSIDERATIONS.— 

‘‘(i) IN GENERAL.—In identifying alternatives under 

paragraph (1), the Secretary shall consider the recommendations of the Committee on National Statistics 

of the National Academy of Sciences relating to use 

of the American Community Survey of the Bureau 

of the Census and other data sources. 

‘‘(ii) SOCIOECONOMIC SURVEY.—The Secretary shall 

consider use of a periodic socioeconomic survey of 

households of children attending school in the school 

food authority in not more than 3 school food authorities participating in the school lunch program under 

this Act. 

‘‘(iii) SURVEY PARAMETERS.—The Secretary shall 

establish requirements for the use of a socioeconomic 

survey under clause (ii), which shall— 

‘‘(I) include criteria for survey design, sample 

frame validity, minimum level of statistical precision, minimum survey response rates, frequency 

Effective date. 


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124 STAT. 3200 PUBLIC LAW 111–296—DEC. 13, 2010 

of data collection, and other criteria as determined 

by the Secretary; 

‘‘(II) be consistent with the Standards and 

Guidelines for Statistical Surveys, as published 

by the Office of Management and Budget; 

‘‘(III) be consistent with standards and 

requirements that ensure proper use of Federal 

funds; and 

‘‘(IV) specify that the socioeconomic survey be 

conducted at least once every 4 years. 

‘‘(B) USE OF ALTERNATIVES.—Alternatives described in 

subparagraph (A) that provide accurate and effective means 

of providing meal reimbursement consistent with the eligibility status of students may be— 

‘‘(i) implemented for use in schools or by school 

food authorities that agree— 

‘‘(I) to serve all breakfasts and lunches to students at no cost in accordance with regulations 

issued by the Secretary; and 

‘‘(II) to pay, from sources other than Federal 

funds, the costs of serving any lunches and breakfasts that are in excess of the value of assistance 

received under this Act or the Child Nutrition 

Act of 1966 (42 U.S.C. 1771 et seq.) with respect 

to the number of lunches and breakfasts served 

during the applicable period; or 

‘‘(ii) further tested through demonstration projects 

carried out by the Secretary in accordance with 

subparagraph (C). 

‘‘(C) DEMONSTRATION PROJECTS.— 

‘‘(i) IN GENERAL.—For the purpose of carrying out 

demonstration projects described in subparagraph (B), 

the Secretary may waive any requirement of this Act 

relating to— 

‘‘(I) counting of meals provided by school lunch 

or breakfast programs; 

‘‘(II) applications for eligibility for free or 

reduced priced meals; or 

‘‘(III) required direct certification under section 

9(b)(4). 

‘‘(ii) NUMBER OF PROJECTS.—The Secretary shall 

carry out demonstration projects under this paragraph 

in not more than 5 local educational agencies for each 

alternative model that is being tested. 

‘‘(iii) LIMITATION.—A demonstration project carried 

out under this paragraph shall have a duration of 

not more than 3 years. 

‘‘(iv) EVALUATION.—The Secretary shall evaluate 

each demonstration project carried out under this paragraph in accordance with procedures established by 

the Secretary. 

‘‘(v) REQUIREMENT.—In carrying out evaluations 

under clause (iv), the Secretary shall evaluate, using 

comparisons with local educational agencies with 

similar demographic characteristics— 

‘‘(I) the accuracy of the 1 or more methodologies adopted as compared to the daily counting 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3201 

by category of meals provided by school meal programs under this Act or the Child Nutrition Act 

of 1966 (42 U.S.C. 1771 et seq.) and the use of 

annual applications as the basis for eligibility to 

receive free or reduced price meals under those 

Acts; 

‘‘(II) the effect of the 1 or more methodologies 

adopted on participation in programs under those 

Acts; 

‘‘(III) the effect of the 1 or more methodologies 

adopted on administration of programs under those 

Acts; and 

‘‘(IV) such other matters as the Secretary 

determines to be appropriate.’’. 

SEC. 105. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS. 

The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is 

amended by adding at the end the following: 

‘‘SEC. 23. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS. 

‘‘(a) DEFINITION OF QUALIFYING SCHOOL.—In this section, the 

term ‘qualifying school’ means a school in severe need, as described 

in section 4(d)(1). 

‘‘(b) ESTABLISHMENT.—Subject to the availability of appropriations provided in advance in an appropriations Act specifically 

for the purpose of carrying out this section, the Secretary shall 

establish a program under which the Secretary shall provide grants, 

on a competitive basis, to State educational agencies for the purpose 

of providing subgrants to local educational agencies for qualifying 

schools to establish, maintain, or expand the school breakfast program in accordance with this section. 

‘‘(c) GRANTS TO STATE EDUCATIONAL AGENCIES.— ‘‘(1) APPLICATION.—To be eligible to receive a grant under 

this section, a State educational agency shall submit to the 

Secretary an application at such time, in such manner, and 

containing such information as the Secretary may require. 

‘‘(2) ADMINISTRATION.—In carrying out this section, the Secretary shall— 

‘‘(A) develop an appropriate competitive application 

process; and 

‘‘(B) make information available to State educational 

agencies concerning the availability of funds under this 

section. 

‘‘(3) ALLOCATION.—The amount of grants provided by the 

Secretary to State educational agencies for a fiscal year under 

this section shall not exceed the lesser of— 

‘‘(A) the product obtained by multiplying— 

‘‘(i) the number of qualifying schools receiving subgrants or other benefits under subsection (d) for the 

fiscal year; and 

‘‘(ii) the maximum amount of a subgrant provided 

to a qualifying school under subsection (d)(4)(B); or 

‘‘(B) $2,000,000. 

‘‘(d) SUBGRANTS TO QUALIFYING SCHOOLS.— 

‘‘(1) IN GENERAL.—A State educational agency receiving 

a grant under this section shall use funds made available 

42 USC 1793. 


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124 STAT. 3202 PUBLIC LAW 111–296—DEC. 13, 2010 

under the grant to award subgrants to local educational agencies for a qualifying school or groups of qualifying schools 

to carry out activities in accordance with this section. 

‘‘(2) PRIORITY.—In awarding subgrants under this subsection, a State educational agency shall give priority to local 

educational agencies with qualifying schools in which at least 

75 percent of the students are eligible for free or reduced 

price school lunches under the school lunch program established 

under the Richard B. Russell National School Lunch Act (42 

U.S.C. 1751 et seq.). 

‘‘(3) STATE AND DISTRICT TRAINING AND TECHNICAL SUP- PORT.—A local educational agency or State educational agency 

may allocate a portion of each subgrant to provide training 

and technical assistance to the staff of qualifying schools to 

carry out the purposes of this section. 

‘‘(4) AMOUNT; TERM.— ‘‘(A) IN GENERAL.—Except as otherwise provided in 

this paragraph, a subgrant provided by a State educational 

agency to a local educational agency or qualifying school 

under this section shall be in such amount, and shall 

be provided for such term, as the State educational agency 

determines appropriate. 

‘‘(B) MAXIMUM AMOUNT.—The amount of a subgrant 

provided by a State educational agency to a local educational agency for a qualifying school or a group of qualifying schools under this subsection shall not exceed $10,000 

for each school year. 

‘‘(C) MAXIMUM GRANT TERM.—A local educational 

agency or State educational agency shall not provide subgrants to a qualifying school under this subsection for 

more than 2 fiscal years. 

‘‘(e) BEST PRACTICES.— 

‘‘(1) IN GENERAL.—Prior to awarding grants under this 

section, the Secretary shall make available to State educational 

agencies information regarding the most effective mechanisms 

by which to increase school breakfast participation among 

eligible children at qualifying schools. 

‘‘(2) PREFERENCE.—In awarding subgrants under this section, a State educational agency shall give preference to local 

educational agencies for qualifying schools or groups of qualifying schools that have adopted, or provide assurances that 

the subgrant funds will be used to adopt, the most effective 

mechanisms identified by the Secretary under paragraph (1). 

‘‘(f) USE OF FUNDS.— 

‘‘(1) IN GENERAL.—A qualifying school may use a grant 

provided under this section— 

‘‘(A) to establish, promote, or expand a school breakfast 

program of the qualifying school under this section, which 

shall include a nutritional education component; 

‘‘(B) to extend the period during which school breakfast 

is available at the qualifying school; 

‘‘(C) to provide school breakfast to students of the 

qualifying school during the school day; or 

‘‘(D) for other appropriate purposes, as determined by 

the Secretary. 

‘‘(2) REQUIREMENT.—Each activity of a qualifying school 

under this subsection shall be carried out in accordance with 


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applicable nutritional guidelines and regulations issued by the 

Secretary. 

‘‘(g) MAINTENANCE OF EFFORT.—Grants made available under 

this section shall not diminish or otherwise affect the expenditure 

of funds from State and local sources for the maintenance of the 

school breakfast program. 

‘‘(h) REPORTS.—Not later than 18 months following the end 

of a school year during which subgrants are awarded under this 

section, the Secretary shall submit to Congress a report describing 

the activities of the qualifying schools awarded subgrants. 

‘‘(i) EVALUATION.—Not later than 180 days before the end of 

a grant term under this section, a local educational agency that 

receives a subgrant under this section shall— 

‘‘(1) evaluate whether electing to provide universal free 

breakfasts under the school breakfast program in accordance 

with Provision 2 as established under subsections (b) through 

(k) of section 245.9 of title 7, Code of Federal Regulations 

(or successor regulations), would be cost-effective for the qualified schools based on estimated administrative savings and 

economies of scale; and 

‘‘(2) submit the results of the evaluation to the State educational agency. 

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as are 

necessary for each of fiscal years 2010 through 2015.’’. 

Subtitle B—Summer Food Service Program 

SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC AND PRIVATE SPONSORS. 

Section 13(a) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1761(a)) is amended by striking paragraph (7) and 

inserting the following: 

‘‘(7) PRIVATE NONPROFIT ORGANIZATIONS.— 

‘‘(A) DEFINITION OF PRIVATE NONPROFIT ORGANIZATION.—In this paragraph, the term ‘private nonprofit 

organization’ means an organization that— 

‘‘(i) exercises full control and authority over the 

operation of the program at all sites under the sponsorship of the organization; 

‘‘(ii) provides ongoing year-round activities for children or families; 

‘‘(iii) demonstrates that the organization has adequate management and the fiscal capacity to operate 

a program under this section; 

‘‘(iv) is an organization described in section 501(c) 

of the Internal Revenue Code of 1986 and exempt 

from taxation under 501(a) of that Code; and 

‘‘(v) meets applicable State and local health, safety, 

and sanitation standards. 

‘‘(B) ELIGIBILITY.—Private nonprofit organizations 

(other than organizations eligible under paragraph (1)) 

shall be eligible for the program under the same terms 

and conditions as other service institutions.’’. 

Deadline. 


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124 STAT. 3204 PUBLIC LAW 111–296—DEC. 13, 2010 

SEC. 112. OUTREACH TO ELIGIBLE FAMILIES. 

Section 13(a) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1761(a)) is amended by adding at the end the 

following: 

‘‘(11) OUTREACH TO ELIGIBLE FAMILIES.— 

‘‘(A) IN GENERAL.—The Secretary shall require each 

State agency that administers the national school lunch 

program under this Act to ensure that, to the maximum 

extent practicable, school food authorities participating in 

the school lunch program under this Act cooperate with 

participating service institutions to distribute materials to 

inform families of— 

‘‘(i) the availability and location of summer food 

service program meals; and 

‘‘(ii) the availability of reimbursable breakfasts 

served under the school breakfast program established 

by section 4 of the Child Nutrition Act of 1966 (42 

U.S.C. 1773). 

‘‘(B) INCLUSIONS.—Informational activities carried out 

under subparagraph (A) may include— 

‘‘(i) the development or dissemination of printed 

materials, to be distributed to all school children or 

the families of school children prior to the end of the 

school year, that inform families of the availability 

and location of summer food service program meals; 

‘‘(ii) the development or dissemination of materials, 

to be distributed using electronic means to all school 

children or the families of school children prior to 

the end of the school year, that inform families of 

the availability and location of summer food service 

program meals; and 

‘‘(iii) such other activities as are approved by the 

applicable State agency to promote the availability and 

location of summer food service program meals to 

school children and the families of school children. 

‘‘(C) MULTIPLE STATE AGENCIES.—If the State agency 

administering the program under this section is not the 

same State agency that administers the school lunch program under this Act, the 2 State agencies shall work 

cooperatively to implement this paragraph.’’. 

SEC. 113. SUMMER FOOD SERVICE SUPPORT GRANTS. 

Section 13(a) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1761(a)) (as amended by section 112) is amended 

by adding at the end the following: 

‘‘(12) SUMMER FOOD SERVICE SUPPORT GRANTS.— 

‘‘(A) IN GENERAL.—The Secretary shall use funds made 

available to carry out this paragraph to award grants on 

a competitive basis to State agencies to provide to eligible 

service institutions— 

‘‘(i) technical assistance; 

‘‘(ii) assistance with site improvement costs; or 

‘‘(iii) other innovative activities that improve and 

encourage sponsor retention. 

‘‘(B) ELIGIBILITY.—To be eligible to receive a grant 

under this paragraph, a State agency shall submit an 

application to the Secretary in such manner, at such time, 


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and containing such information as the Secretary may 

require. 

‘‘(C) PRIORITY.—In making grants under this paragraph, the Secretary shall give priority to— 

‘‘(i) applications from States with significant lowincome child populations; and 

‘‘(ii) State plans that demonstrate innovative 

approaches to retain and support summer food service 

programs after the expiration of the start-up funding 

grants. 

‘‘(D) USE OF FUNDS.—A State and eligible service 

institution may use funds made available under this paragraph to pay for such costs as the Secretary determines 

are necessary to establish and maintain summer food 

service programs. 

‘‘(E) REALLOCATION.—The Secretary may reallocate any 

amounts made available to carry out this paragraph that 

are not obligated or expended, as determined by the Secretary. 

‘‘(F) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated to carry out this paragraph 

$20,000,000 for fiscal years 2011 through 2015.’’. 

Subtitle C—Child and Adult Care Food 

Program 

SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINATIONS IN THE 

CHILD AND ADULT CARE FOOD PROGRAM. 

Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)(bb)) is amended 

by striking ‘‘elementary’’. 

SEC. 122. EXPANSION OF AFTERSCHOOL MEALS FOR AT-RISK CHILDREN. 

Section 17(r) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1766(r)) is amended by striking paragraph (5) and 

inserting the following: 

‘‘(5) LIMITATION.—An institution participating in the program under this subsection may not claim reimbursement for 

meals and snacks that are served under section 18(h) on the 

same day. 

‘‘(6) HANDBOOK.— 

‘‘(A) IN GENERAL.—Not later than 180 days after the 

date of enactment of the Healthy, Hunger-Free Kids Act 

of 2010, the Secretary shall— 

‘‘(i) issue guidelines for afterschool meals for atrisk school children; and 

‘‘(ii) publish a handbook reflecting those guidelines. 

‘‘(B) REVIEW.—Each year after the issuance of guidelines under subparagraph (A), the Secretary shall— 

‘‘(i) review the guidelines; and 

‘‘(ii) issue a revised handbook reflecting changes 

made to the guidelines.’’. 

Deadline. 


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Subtitle D—Special Supplemental Nutrition Program for Women, Infants, and 

Children 

SEC. 131. CERTIFICATION PERIODS. 

Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 

1786(d)(3)(A)) is amended by adding at the end the following: 

‘‘(iii) CHILDREN.—A State may elect to certify 

participant children for a period of up to 1 year, if 

the State electing the option provided under this clause 

ensures that participant children receive required 

health and nutrition assessments.’’. 

Subtitle E—Miscellaneous 

SEC. 141. CHILDHOOD HUNGER RESEARCH. 

The Richard B. Russell National School Lunch Act is amended 

by inserting after section 22 (42 U.S.C. 1769c) the following: 

‘‘SEC. 23. CHILDHOOD HUNGER RESEARCH. 

‘‘(a) RESEARCH ON CAUSES AND CONSEQUENCES OF CHILDHOOD

HUNGER.— 

‘‘(1) IN GENERAL.—The Secretary shall conduct research 

on— 

‘‘(A) the causes of childhood hunger and food insecurity; 

‘‘(B) the characteristics of households with childhood 

hunger and food insecurity; and 

‘‘(C) the consequences of childhood hunger and food 

insecurity. 

‘‘(2) AUTHORITY.—In carrying out research under paragraph 

(1), the Secretary may— 

‘‘(A) enter into competitively awarded contracts or 

cooperative agreements; or 

‘‘(B) provide grants to States or public or private agencies or organizations, as determined by the Secretary. 

‘‘(3) APPLICATION.—To be eligible to enter into a contract 

or cooperative agreement or receive a grant under this subsection, a State or public or private agency or organization 

shall submit to the Secretary an application at such time, 

in such manner, and containing such information as the Secretary shall require. 

‘‘(4) AREAS OF INQUIRY.—The Secretary shall design the 

research program to advance knowledge and understanding 

of information on the issues described in paragraph (1), such 

as— 

‘‘(A) economic, health, social, cultural, demographic, 

and other factors that contribute to childhood hunger or 

food insecurity; 

‘‘(B) the geographic distribution of childhood hunger 

and food insecurity; 

‘‘(C) the extent to which— 

‘‘(i) existing Federal assistance programs, including 

the Internal Revenue Code of 1986, reduce childhood 

hunger and food insecurity; and 

42 USC 1769d. 


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‘‘(ii) childhood hunger and food insecurity persist 

due to— 

‘‘(I) gaps in program coverage; 

‘‘(II) the inability of potential participants to 

access programs; or 

‘‘(III) the insufficiency of program benefits or 

services; 

‘‘(D) the public health and medical costs of childhood 

hunger and food insecurity; 

‘‘(E) an estimate of the degree to which the Census 

Bureau measure of food insecurity underestimates childhood hunger and food insecurity because the Census 

Bureau excludes certain households, such as homeless, or 

other factors; 

‘‘(F) the effects of childhood hunger on child development, well-being, and educational attainment; and 

‘‘(G) such other critical outcomes as are determined 

by the Secretary. 

‘‘(5) FUNDING.— 

‘‘(A) IN GENERAL.—On October 1, 2012, out of any 

funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to 

carry out this subsection $10,000,000, to remain available 

until expended. 

‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 

be entitled to receive, shall accept, and shall use to carry 

out this subsection the funds transferred under subparagraph (A), without further appropriation. 

‘‘(b) DEMONSTRATION PROJECTS TO END CHILDHOOD HUNGER.— 

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) CHILD.—The term ‘child’ means a person under 

the age of 18. 

‘‘(B) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 

The term ‘supplemental nutrition assistance program’ 

means the supplemental nutrition assistance program 

established under the Food and Nutrition Act of 2008 (7 

U.S.C. 2011 et seq.). 

‘‘(2) PURPOSE.—Under such terms and conditions as are 

established by the Secretary, the Secretary shall carry out 

demonstration projects that test innovative strategies to end 

childhood hunger, including alternative models for service 

delivery and benefit levels that promote the reduction or elimination of childhood hunger and food insecurity. 

‘‘(3) PROJECTS.—Demonstration projects carried out under 

this subsection may include projects that— 

‘‘(A) enhance benefits provided under the supplemental 

nutrition assistance program for eligible households with 

children; 

‘‘(B) enhance benefits or provide for innovative program 

delivery models in the school meals, afterschool snack, 

and child and adult care food programs under this Act 

and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 

seq.); and 

‘‘(C) target Federal, State, or local assistance, including 

emergency housing or family preservation services, at 

households with children who are experiencing hunger or 

food insecurity, to the extent permitted by the legal 

Effective date. 


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124 STAT. 3208 PUBLIC LAW 111–296—DEC. 13, 2010 

authority establishing those assistance programs and services. 

‘‘(4) GRANTS.— 

‘‘(A) DEMONSTRATION PROJECTS.— 

‘‘(i) IN GENERAL.—In carrying out this subsection, 

the Secretary may enter into competitively awarded 

contracts or cooperative agreements with, or provide 

grants to, public or private organizations or agencies 

(as determined by the Secretary), for use in accordance 

with demonstration projects that meet the purposes 

of this subsection. 

‘‘(ii) REQUIREMENT.—At least 1 demonstration 

project funded under this subsection shall be carried 

out on an Indian reservation in a rural area with 

a service population with a prevalence of diabetes that 

exceeds 15 percent, as determined by the Director of 

the Indian Health Service. 

‘‘(B) APPLICATION.—To be eligible to receive a contract, 

cooperative agreement, or grant under this subsection, an 

organization or agency shall submit to the Secretary an 

application at such time, in such manner, and containing 

such information as the Secretary may require. 

‘‘(C) SELECTION CRITERIA.—Demonstration projects 

shall be selected based on publicly disseminated criteria 

that may include— 

‘‘(i) an identification of a low-income target group 

that reflects individuals experiencing hunger or food 

insecurity; 

‘‘(ii) a commitment to a demonstration project that 

allows for a rigorous outcome evaluation as described 

in paragraph (6); 

‘‘(iii) a focus on innovative strategies to reduce 

the risk of childhood hunger or provide a significant 

improvement to the food security status of households 

with children; and 

‘‘(iv) such other criteria as are determined by the 

Secretary. 

‘‘(5) CONSULTATION.—In determining the range of projects 

and defining selection criteria under this subsection, the Secretary shall consult with— 

‘‘(A) the Secretary of Health and Human Services; 

‘‘(B) the Secretary of Labor; and 

‘‘(C) the Secretary of Housing and Urban Development. 

‘‘(6) EVALUATION AND REPORTING.— 

‘‘(A) INDEPENDENT EVALUATION.—The Secretary shall 

provide for an independent evaluation of each demonstration project carried out under this subsection that— 

‘‘(i) measures the impact of each demonstration 

project on appropriate participation, food security, 

nutrition, and associated behavioral outcomes among 

participating households; and 

‘‘(ii) uses rigorous experimental designs and methodologies, particularly random assignment or other 

methods that are capable of producing scientifically 

valid information regarding which activities are effective in reducing the prevalence or preventing the 


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incidence of food insecurity and hunger in the community, especially among children. 

‘‘(B) REPORTING.—Not later than December 31, 2013 

and each December 31 thereafter until the date on which 

the last evaluation under subparagraph (A) is completed, 

the Secretary shall— 

‘‘(i) submit to the Committee on Agriculture and 

the Committee on Education and Labor of the House 

of Representatives and the Committee on Agriculture, 

Nutrition, and Forestry of the Senate a report that 

includes a description of— 

‘‘(I) the status of each demonstration project; 

and 

‘‘(II) the results of any evaluations of the demonstration projects completed during the previous 

fiscal year; and 

‘‘(ii) ensure that the evaluation results are shared 

broadly to inform policy makers, service providers, 

other partners, and the public in order to promote 

the wide use of successful strategies. 

‘‘(7) FUNDING.— 

‘‘(A) IN GENERAL.—On October 1, 2012, out of any 

funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to 

carry out this subsection $40,000,000, to remain available 

until September 30, 2017. 

‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 

be entitled to receive, shall accept, and shall use to carry 

out this subsection the funds transferred under subparagraph (A), without further appropriation. 

‘‘(C) USE OF FUNDS.— 

‘‘(i) IN GENERAL.—Funds made available under 

subparagraph (A) may be used to carry out this subsection, including to pay Federal costs associated with 

developing, soliciting, awarding, monitoring, evaluating, and disseminating the results of each demonstration project under this subsection. 

‘‘(ii) INDIAN RESERVATIONS.—Of amounts made 

available under subparagraph (A), the Secretary shall 

use a portion of the amounts to carry out research 

relating to hunger, obesity and type 2 diabetes on 

Indian reservations, including research to determine 

the manner in which Federal nutrition programs can 

help to overcome those problems. 

‘‘(iii) REPORT.—Not later than 1 year after the 

date of enactment of this section, the Secretary shall 

submit to the Committee on Agriculture of the House 

of Representatives and the Committee on Agriculture, 

Nutrition, and Forestry of the Senate a report that— 

‘‘(I) describes the manner in which Federal 

nutrition programs can help to overcome child 

hunger nutrition problems on Indian reservations; 

and 

‘‘(II) contains proposed administrative and 

legislative recommendations to strengthen and 

streamline all relevant Department of Agriculture 

Effective date. 


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nutrition programs to reduce childhood hunger, 

obesity, and type 2 diabetes on Indian reservations. 

‘‘(D) LIMITATIONS.— ‘‘(i) DURATION.—No project may be funded under 

this subsection for more than 5 years. 

‘‘(ii) PROJECT REQUIREMENTS.—No project that 

makes use of, alters, or coordinates with the supplemental nutrition assistance program may be funded 

under this subsection unless the project is fully consistent with the project requirements described in section 17(b)(1)(B) of the Food and Nutrition Act of 2008 

(7 U.S.C. 2026(b)(1)(B)). 

‘‘(iii) HUNGER-FREE COMMUNITIES.—No project may 

be funded under this subsection that receives funding 

under section 4405 of the Food, Conservation, and 

Energy Act of 2008 (7 U.S.C. 7517). 

‘‘(iv) OTHER BENEFITS.—Funds made available 

under this subsection may not be used for any project 

in a manner that is inconsistent with— 

‘‘(I) this Act; 

‘‘(II) the Child Nutrition Act of 1966 (42 U.S.C. 

1771 et seq.); 

‘‘(III) the Food and Nutrition Act of 2008 (7 

U.S.C. 2011 et seq.); or 

‘‘(IV) the Emergency Food Assistance Act of 

1983 (7 U.S.C. 7501 et seq.).’’. 

SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE GRANTS. 

The Richard B. Russell National School Lunch Act (42 U.S.C. 

1751 et seq.) is amended by inserting after section 23 (as added 

by section 141) the following: 

‘‘SEC. 24. STATE CHILDHOOD HUNGER CHALLENGE GRANTS. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) CHILD.—The term ‘child’ means a person under the 

age of 18. 

‘‘(2) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—The 

term ‘supplemental nutrition assistance program’ means the 

supplemental nutrition assistance program established under 

the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). 

‘‘(b) PURPOSE.—Under such terms and conditions as are established by the Secretary, funds made available under this section 

may be used to competitively award grants to or enter into cooperative agreements with Governors to carry out comprehensive and 

innovative strategies to end childhood hunger, including alternative 

models for service delivery and benefit levels that promote the 

reduction or elimination of childhood hunger by 2015. 

‘‘(c) PROJECTS.—State demonstration projects carried out under 

this section may include projects that— 

‘‘(1) enhance benefits provided under the supplemental 

nutrition assistance program for eligible households with children; 

‘‘(2) enhance benefits or provide for innovative program 

delivery models in the school meals, afterschool snack, and 

child and adult care food programs under this Act and the 

Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); 

‘‘(3) target Federal, State, or local assistance, including 

emergency housing, family preservation services, child care, 

42 USC 1769e. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3211 

or temporary assistance at households with children who are 

experiencing hunger or food insecurity, to the extent permitted 

by the legal authority establishing those assistance programs 

and services; 

‘‘(4) enhance outreach to increase access and participation 

in Federal nutrition assistance programs; and 

‘‘(5) improve the coordination of Federal, State, and community resources and services aimed at preventing food insecurity 

and hunger, including through the establishment and expansion 

of State food policy councils. 

‘‘(d) GRANTS.— 

‘‘(1) IN GENERAL.—In carrying out this section, the Secretary may competitively award grants or enter into competitively awarded cooperative agreements with Governors for use 

in accordance with demonstration projects that meet the purposes of this section. 

‘‘(2) APPLICATION.—To be eligible to receive a grant or 

cooperative agreement under this section, a Governor shall 

submit to the Secretary an application at such time, in such 

manner, and containing such information as the Secretary may 

require. 

‘‘(3) SELECTION CRITERIA.—The Secretary shall evaluate 

proposals based on publicly disseminated criteria that may 

include— 

‘‘(A) an identification of a low-income target group 

that reflects individuals experiencing hunger or food insecurity; 

‘‘(B) a commitment to approaches that allow for a rigorous outcome evaluation as described in subsection (f); 

‘‘(C) a comprehensive and innovative strategy to reduce 

the risk of childhood hunger or provide a significant 

improvement to the food security status of households with 

children; and 

‘‘(D) such other criteria as are determined by the Secretary. 

‘‘(4) REQUIREMENTS.—Any project funded under this section 

shall provide for— 

‘‘(A) a baseline assessment, and subsequent annual 

assessments, of the prevalence and severity of very low 

food security among children in the State, based on a 

methodology prescribed by the Secretary; 

‘‘(B) a collaborative planning process including key 

stakeholders in the State that results in a comprehensive 

agenda to eliminate childhood hunger that is— 

‘‘(i) described in a detailed project plan; and 

‘‘(ii) provided to the Secretary for approval; 

‘‘(C) an annual budget; 

‘‘(D) specific performance goals, including the goal to 

sharply reduce or eliminate food insecurity among children 

in the State by 2015, as determined through a methodology 

prescribed by the Secretary and carried out by the Governor; and 

‘‘(E) an independent outcome evaluation of not less 

than 1 major strategy of the project that measures— 

‘‘(i) the specific impact of the strategy on food 

insecurity among children in the State; and 


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124 STAT. 3212 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(ii) if applicable, the nutrition assistance participation rate among children in the State. 

‘‘(e) CONSULTATION.—In determining the range of projects and 

defining selection criteria under this section, the Secretary shall 

consult with— 

‘‘(1) the Secretary of Health and Human Services; 

‘‘(2) the Secretary of Labor; 

‘‘(3) the Secretary of Education; and 

‘‘(4) the Secretary of Housing and Urban Development. 

‘‘(f) EVALUATION AND REPORTING.— 

‘‘(1) GENERAL PERFORMANCE ASSESSMENT.—Each project 

authorized under this section shall require an independent 

assessment that— 

‘‘(A) measures the impact of any activities carried out 

under the project on the level of food insecurity in the 

State that— 

‘‘(i) focuses particularly on the level of food insecurity among children in the State; and 

‘‘(ii) includes a preimplementation baseline and 

annual measurements taken during the project of the 

level of food insecurity in the State; and 

‘‘(B) is carried out using a methodology prescribed by 

the Secretary. 

‘‘(2) INDEPENDENT EVALUATION.—Each project authorized 

under this section shall provide for an independent evaluation 

of not less than 1 major strategy that— 

‘‘(A) measures the impact of the strategy on appropriate 

participation, food security, nutrition, and associated 

behavioral outcomes among participating households; and 

‘‘(B) uses rigorous experimental designs and methodologies, particularly random assignment or other methods that 

are capable of producing scientifically valid information 

regarding which activities are effective in reducing the 

prevalence or preventing the incidence of food insecurity 

and hunger in the community, especially among children. 

‘‘(3) REPORTING.—Not later than December 31, 2011 and 

each December 31 thereafter until the date on which the last 

evaluation under paragraph (1) is completed, the Secretary 

shall— 

‘‘(A) submit to the Committee on Agriculture and the 

Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, 

and Forestry of the Senate a report that includes a description of— 

‘‘(i) the status of each State demonstration project; 

and 

‘‘(ii) the results of any evaluations of the demonstration projects completed during the previous fiscal 

year; and 

‘‘(B) ensure that the evaluation results are shared 

broadly to inform policy makers, service providers, other 

partners, and the public in order to promote the wide 

use of successful strategies. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section such sums as are necessary for each 


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of fiscal years 2011 through 2014, to remain available until 

expended. 

‘‘(2) USE OF FUNDS.—Funds made available under paragraph (1) may be used to carry out this section, including 

to pay Federal costs associated with developing, soliciting, 

awarding, monitoring, evaluating, and disseminating the 

results of each demonstration project under this section. 

‘‘(3) LIMITATIONS.— 

‘‘(A) DURATION.—No project may be funded under this 

section for more than 5 years. 

‘‘(B) PERFORMANCE BASIS.—Funds provided under this 

section shall be made available to each Governor on an 

annual basis, with the amount of funds provided for each 

year contingent on the satisfactory implementation of the 

project plan and progress towards the performance goals 

defined in the project year plan. 

‘‘(C) ALTERING NUTRITION ASSISTANCE PROGRAM

REQUIREMENTS.—No project that makes use of, alters, or 

coordinates with the supplemental nutrition assistance program may be funded under this section unless the project 

is fully consistent with the project requirements described 

in section 17(b)(1)(B) of the Food and Nutrition Act of 

2008 (7 U.S.C. 2026(b)(1)(B)). 

‘‘(D) OTHER BENEFITS.—Funds made available under 

this section may not be used for any project in a manner 

that is inconsistent with— 

‘‘(i) this Act; 

‘‘(ii) the Child Nutrition Act of 1966 (42 U.S.C. 

1771 et seq.); 

‘‘(iii) the Food and Nutrition Act of 2008 (7 U.S.C. 

2011 et seq.); or 

‘‘(iv) the Emergency Food Assistance Act of 1983 

(7 U.S.C. 7501 et seq.).’’. 

SEC. 143. REVIEW OF LOCAL POLICIES ON MEAL CHARGES AND PROVISION OF ALTERNATE MEALS. 

(a) IN GENERAL.— 

(1) REVIEW.—The Secretary, in conjunction with States 

and participating local educational agencies, shall examine the 

current policies and practices of States and local educational 

agencies regarding extending credit to children to pay the cost 

to the children of reimbursable school lunches and breakfasts. 

(2) SCOPE.—The examination under paragraph (1) shall 

include the policies and practices in effect as of the date of 

enactment of this Act relating to providing to children who 

are without funds a meal other than the reimbursable meals. 

(3) FEASIBILITY.—In carrying out the examination under 

paragraph (1), the Secretary shall— 

(A) prepare a report on the feasibility of establishing 

national standards for meal charges and the provision of 

alternate meals; and 

(B) provide recommendations for implementing those 

standards. 

(b) FOLLOWUP ACTIONS.— 

(1) IN GENERAL.—Based on the findings and recommendations under subsection (a), the Secretary may— 

Recommendations. 

Reports. 

42 USC 1758 

note. 


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124 STAT. 3214 PUBLIC LAW 111–296—DEC. 13, 2010 

(A) implement standards described in paragraph (3) 

of that subsection through regulation; 

(B) test recommendations through demonstration 

projects; or 

(C) study further the feasibility of recommendations. 

(2) FACTORS FOR CONSIDERATION.—In determining how best 

to implement recommendations described in subsection (a)(3), 

the Secretary shall consider such factors as— 

(A) the impact of overt identification on children; 

(B) the manner in which the affected households will 

be provided with assistance in establishing eligibility for 

free or reduced price school meals; and 

(C) the potential financial impact on local educational 

agencies. 

TITLE II—REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS OF 

CHILDREN 

Subtitle A—National School Lunch 

Program 

SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE INCREASES 

FOR NEW MEAL PATTERNS. 

Section 4(b) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1753(b)) is amended by adding at the end the 

following: 

‘‘(3) ADDITIONAL REIMBURSEMENT.— 

‘‘(A) REGULATIONS.— 

‘‘(i) PROPOSED REGULATIONS.—Notwithstanding 

section 9(f), not later than 18 months after the date 

of enactment of this paragraph, the Secretary shall 

promulgate proposed regulations to update the meal 

patterns and nutrition standards for the school lunch 

program authorized under this Act and the school 

breakfast program established by section 4 of the Child 

Nutrition Act of 1966 (42 U.S.C. 1773) based on recommendations made by the Food and Nutrition Board 

of the National Research Council of the National 

Academy of Sciences. 

‘‘(ii) INTERIM OR FINAL REGULATIONS.— 

‘‘(I) IN GENERAL.—Not later than 18 months 

after promulgation of the proposed regulations 

under clause (i), the Secretary shall promulgate 

interim or final regulations. 

‘‘(II) DATE OF REQUIRED COMPLIANCE.—The 

Secretary shall establish in the interim or final 

regulations a date by which all school food authorities participating in the school lunch program 

authorized under this Act and the school breakfast 

program established by section 4 of the Child 

Nutrition Act of 1966 (42 U.S.C. 1773) are required 

to comply with the meal pattern and nutrition 

Deadlines. 


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standards established in the interim or final regulations. 

‘‘(iii) REPORT TO CONGRESS.—Not later than 90 

days after the date of enactment of this paragraph, 

and each 90 days thereafter until the Secretary has 

promulgated interim or final regulations under clause 

(ii), the Secretary shall submit to the Committee on 

Education and Labor of the House of Representatives 

and the Committee on Agriculture, Nutrition, and Forestry of the Senate a quarterly report on progress 

made toward promulgation of the regulations described 

in this subparagraph. 

‘‘(B) PERFORMANCE-BASED REIMBURSEMENT RATE

INCREASE.—Beginning on the later of the date of promulgation of the implementing regulations described in subparagraph (A)(ii), the date of enactment of this paragraph, 

or October 1, 2012, the Secretary shall provide additional 

reimbursement for each lunch served in school food authorities determined to be eligible under subparagraph (D). 

‘‘(C) ADDITIONAL REIMBURSEMENT.— 

‘‘(i) IN GENERAL.—Each lunch served in school food 

authorities determined to be eligible under subparagraph (D) shall receive an additional 6 cents, adjusted 

in accordance with section 11(a)(3), to the national 

lunch average payment for each lunch served. 

‘‘(ii) DISBURSEMENT.—The State agency shall disburse funds made available under this paragraph to 

school food authorities eligible to receive additional 

reimbursement. 

‘‘(D) ELIGIBLE SCHOOL FOOD AUTHORITY.—To be eligible 

to receive an additional reimbursement described in this 

paragraph, a school food authority shall be certified by 

the State to be in compliance with the interim or final 

regulations described in subparagraph (A)(ii). 

‘‘(E) FAILURE TO COMPLY.—Beginning on the later of 

the date described in subparagraph (A)(ii)(II), the date 

of enactment of this paragraph, or October 1, 2012, school 

food authorities found to be out of compliance with the 

meal patterns or nutrition standards established by the 

implementing regulations shall not receive the additional 

reimbursement for each lunch served described in this 

paragraph. 

‘‘(F) ADMINISTRATIVE COSTS.— 

‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), 

the Secretary shall make funds available to States 

for State activities related to training, technical assistance, certification, and oversight activities of this paragraph. 

‘‘(ii) PROVISION OF FUNDS.—The Secretary shall 

provide funds described in clause (i) to States administering a school lunch program in a manner proportional to the administrative expense allocation of each 

State during the preceding fiscal year. 

‘‘(iii) FUNDING.— 

‘‘(I) IN GENERAL.—In the later of the fiscal 

year in which the implementing regulations 

described in subparagraph (A)(ii) are promulgated 

Effective date. 

Effective date. 


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124 STAT. 3216 PUBLIC LAW 111–296—DEC. 13, 2010 

or the fiscal year in which this paragraph is 

enacted, and in the subsequent fiscal year, the 

Secretary shall use not more than $50,000,000 of 

funds made available under section 3 to make 

payments to States described in clause (i). 

‘‘(II) RESERVATION.—In providing funds to 

States under clause (i), the Secretary may reserve 

not more than $3,000,000 per fiscal year to support 

Federal administrative activities to carry out this 

paragraph.’’. 

SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK. 

Section 9(a)(2)(A) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended by striking clause 

(i) and inserting the following: 

‘‘(i) shall offer students a variety of fluid milk. 

Such milk shall be consistent with the most recent 

Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and 

Related Research Act of 1990 (7 U.S.C. 5341);’’. 

SEC. 203. WATER. 

Section 9(a) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1758(a)) is amended by adding at the end the 

following: 

‘‘(5) WATER.—Schools participating in the school lunch program under this Act shall make available to children free 

of charge, as nutritionally appropriate, potable water for 

consumption in the place where meals are served during meal 

service.’’. 

SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTATION. 

(a) IN GENERAL.—The Richard B. Russell National School 

Lunch Act is amended by inserting after section 9 (42 U.S.C. 

1758) the following: 

‘‘SEC. 9A. LOCAL SCHOOL WELLNESS POLICY. 

‘‘(a) IN GENERAL.—Each local educational agency participating 

in a program authorized by this Act or the Child Nutrition Act 

of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school 

wellness policy for all schools under the jurisdiction of the local 

educational agency. 

‘‘(b) GUIDELINES.—The Secretary shall promulgate regulations 

that provide the framework and guidelines for local educational 

agencies to establish local school wellness policies, including, at 

a minimum,— 

‘‘(1) goals for nutrition promotion and education, physical 

activity, and other school-based activities that promote student 

wellness; 

‘‘(2) for all foods available on each school campus under 

the jurisdiction of the local educational agency during the school 

day, nutrition guidelines that— 

‘‘(A) are consistent with sections 9 and 17 of this Act, 

and sections 4 and 10 of the Child Nutrition Act of 1966 

(42 U.S.C. 1773, 1779); and 

‘‘(B) promote student health and reduce childhood obesity; 

Regulations. 

42 USC 1758b. 


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‘‘(3) a requirement that the local educational agency permit 

parents, students, representatives of the school food authority, 

teachers of physical education, school health professionals, the 

school board, school administrators, and the general public 

to participate in the development, implementation, and periodic 

review and update of the local school wellness policy; 

‘‘(4) a requirement that the local educational agency inform 

and update the public (including parents, students, and others 

in the community) about the content and implementation of 

the local school wellness policy; and 

‘‘(5) a requirement that the local educational agency— 

‘‘(A) periodically measure and make available to the 

public an assessment on the implementation of the local 

school wellness policy, including— 

‘‘(i) the extent to which schools under the jurisdiction of the local educational agency are in compliance 

with the local school wellness policy; 

‘‘(ii) the extent to which the local school wellness 

policy of the local educational agency compares to 

model local school wellness policies; and 

‘‘(iii) a description of the progress made in 

attaining the goals of the local school wellness policy; 

and 

‘‘(B) designate 1 or more local educational agency officials or school officials, as appropriate, to ensure that each 

school complies with the local school wellness policy. 

‘‘(c) LOCAL DISCRETION.—The local educational agency shall 

use the guidelines promulgated by the Secretary under subsection 

(b) to determine specific policies appropriate for the schools under 

the jurisdiction of the local educational agency. 

‘‘(d) TECHNICAL ASSISTANCE AND BEST PRACTICES.— 

‘‘(1) IN GENERAL.—The Secretary, in consultation with the 

Secretary of Education and the Secretary of Health and Human 

Services, acting through the Centers for Disease Control and 

Prevention, shall provide information and technical assistance 

to local educational agencies, school food authorities, and State 

educational agencies for use in establishing healthy school 

environments that are intended to promote student health and 

wellness. 

‘‘(2) CONTENT.—The Secretary shall provide technical 

assistance that— 

‘‘(A) includes resources and training on designing, 

implementing, promoting, disseminating, and evaluating 

local school wellness policies and overcoming barriers to 

the adoption of local school wellness policies; 

‘‘(B) includes model local school wellness policies and 

best practices recommended by Federal agencies, State 

agencies, and nongovernmental organizations; 

‘‘(C) includes such other technical assistance as is 

required to promote sound nutrition and establish healthy 

school nutrition environments; and 

‘‘(D) is consistent with the specific needs and requirements of local educational agencies. 

‘‘(3) STUDY AND REPORT.— 

‘‘(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary, in conjunction with the Director 

of the Centers for Disease Control and Prevention, shall 


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prepare a report on the implementation, strength, and 

effectiveness of the local school wellness policies carried 

out in accordance with this section. 

‘‘(B) STUDY OF LOCAL SCHOOL WELLNESS POLICIES.— 

The study described in subparagraph (A) shall include—— 

‘‘(i) an analysis of the strength and weaknesses 

of local school wellness policies and how the policies 

compare with model local wellness policies recommended under paragraph (2)(B); and 

‘‘(ii) an assessment of the impact of the local school 

wellness policies in addressing the requirements of 

subsection (b). 

‘‘(C) REPORT.—Not later than January 1, 2014, the 

Secretary shall submit to the Committee on Education 

and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate 

a report that describes the findings of the study. 

‘‘(D) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to carry out this paragraph 

$3,000,000 for fiscal year 2011, to remain available until 

expended.’’. 

(b) REPEAL.—Section 204 of the Child Nutrition and WIC 

Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 

108–265) is repealed. 

SEC. 205. EQUITY IN SCHOOL LUNCH PRICING. 

Section 12 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1760) is amended by adding at the end the following: 

‘‘(p) PRICE FOR A PAID LUNCH.— 

‘‘(1) DEFINITION OF PAID LUNCH.—In this subsection, the 

term ‘paid lunch’ means a reimbursable lunch served to students who are not certified to receive free or reduced price 

meals. 

‘‘(2) REQUIREMENT.— 

‘‘(A) IN GENERAL.—For each school year beginning July 

1, 2011, each school food authority shall establish a price 

for paid lunches in accordance with this subsection. 

‘‘(B) LOWER PRICE.— 

‘‘(i) IN GENERAL.—In the case of a school food 

authority that established a price for a paid lunch 

in the previous school year that was less than the 

difference between the total Federal reimbursement 

for a free lunch and the total Federal reimbursement 

for a paid lunch, the school food authority shall establish an average price for a paid lunch that is not 

less than the price charged in the previous school 

year, as adjusted by a percentage equal to the sum 

obtained by adding— 

‘‘(I) 2 percent; and 

‘‘(II) the percentage change in the Consumer 

Price Index for All Urban Consumers (food away 

from home index) used to increase the Federal 

reimbursement rate under section 11 for the most 

recent school year for which data are available, 

as published in the Federal Register. 

Effective date. 


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‘‘(ii) ROUNDING.—A school food authority may 

round the adjusted price for a paid lunch under clause 

(i) down to the nearest 5 cents. 

‘‘(iii) MAXIMUM REQUIRED PRICE INCREASE.— 

‘‘(I) IN GENERAL.—The maximum annual average price increase required to meet the requirements of this subparagraph shall not exceed 10 

cents for any school food authority. 

‘‘(II) DISCRETIONARY INCREASE.—A school food 

authority may increase the average price for a 

paid lunch for a school year by more than 10 

cents. 

‘‘(C) EQUAL OR GREATER PRICE.— 

‘‘(i) IN GENERAL.—In the case of a school food 

authority that established an average price for a paid 

lunch in the previous school year that was equal to 

or greater than the difference between the total Federal 

reimbursement for a free lunch and the total Federal 

reimbursement for a paid lunch, the school food 

authority shall establish an average price for a paid 

lunch that is not less than the difference between 

the total Federal reimbursement for a free lunch and 

the total Federal reimbursement for a paid lunch. 

‘‘(ii) ROUNDING.—A school food authority may 

round the adjusted price for a paid lunch under clause 

(i) down to the nearest 5 cents. 

‘‘(3) EXCEPTIONS.— 

‘‘(A) REDUCTION IN PRICE.—A school food authority may 

reduce the average price of a paid lunch established under 

this subsection if the State agency ensures that funding 

from non-Federal sources (other than in-kind contributions) 

is added to the nonprofit school food service account of 

the school food authority in an amount estimated to be 

equal to at least the difference between— 

‘‘(i) the average price required of the school food 

authority for the paid lunches under paragraph (2); 

and 

‘‘(ii) the average price charged by the school food 

authority for the paid lunches. 

‘‘(B) NON-FEDERAL SOURCES.—For the purposes of 

subparagraph (A), non-Federal sources does not include 

revenue from the sale of foods sold in competition with 

meals served under the school lunch program authorized 

under this Act or the school breakfast program established 

by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 

1773). 

‘‘(C) OTHER PROGRAMS.—This subsection shall not 

apply to lunches provided under section 17 of this Act. 

‘‘(4) REGULATIONS.—The Secretary shall establish procedures to carry out this subsection, including collecting and 

publishing the prices that school food authorities charge for 

paid meals on an annual basis and procedures that allow school 

food authorities to average the pricing of paid lunches at schools 

throughout the jurisdiction of the school food authority.’’. 

Procedures. 


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124 STAT. 3220 PUBLIC LAW 111–296—DEC. 13, 2010 

SEC. 206. REVENUE FROM NONPROGRAM FOODS SOLD IN SCHOOLS. 

Section 12 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1760) (as amended by section 205) is amended 

by adding at the end the following: 

‘‘(q) NONPROGRAM FOOD SALES.— 

‘‘(1) DEFINITION OF NONPROGRAM FOOD.—In this subsection: 

‘‘(A) IN GENERAL.—The term ‘nonprogram food’ means 

food that is— 

‘‘(i) sold in a participating school other than a 

reimbursable meal provided under this Act or the Child 

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and 

‘‘(ii) purchased using funds from the nonprofit 

school food service account of the school food authority 

of the school. 

‘‘(B) INCLUSION.—The term ‘nonprogram food’ includes 

food that is sold in competition with a program established 

under this Act or the Child Nutrition Act of 1966 (42 

U.S.C. 1771 et seq.). 

‘‘(2) REVENUES.— 

‘‘(A) IN GENERAL.—The proportion of total school food 

service revenue provided by the sale of nonprogram foods 

to the total revenue of the school food service account 

shall be equal to or greater than the proportion of total 

food costs associated with obtaining nonprogram foods to 

the total costs associated with obtaining program and nonprogram foods from the account. 

‘‘(B) ACCRUAL.—All revenue from the sale of nonprogram foods shall accrue to the nonprofit school food service 

account of a participating school food authority. 

‘‘(C) EFFECTIVE DATE.—This subsection shall be effective beginning on July 1, 2011.’’. 

SEC. 207. REPORTING AND NOTIFICATION OF SCHOOL PERFORMANCE. 

Section 22 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769c) is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) UNIFIED ACCOUNTABILITY SYSTEM.— 

‘‘(1) IN GENERAL.—There shall be a unified system prescribed and administered by the Secretary to ensure that local 

food service authorities participating in the school lunch program established under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 

1966 (42 U.S.C. 1773) comply with those Acts, including compliance with— 

‘‘(A) the nutritional requirements of section 9(f) of this 

Act for school lunches; and 

‘‘(B) as applicable, the nutritional requirements for 

school breakfasts under section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).’’; and 

(2) in subsection (b)(1), by striking subparagraphs (A) and 

(B) and inserting the following: 

‘‘(A) require that local food service authorities comply 

with the nutritional requirements described in subparagraphs (A) and (B) of paragraph (1); 

‘‘(B) to the maximum extent practicable, ensure compliance through reasonable audits and supervisory assistance 

reviews; 


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‘‘(C) in conducting audits and reviews for the purpose 

of determining compliance with this Act, including the 

nutritional requirements of section 9(f)— 

‘‘(i) conduct audits and reviews during a 3-year 

cycle or other period prescribed by the Secretary; 

‘‘(ii) select schools for review in each local educational agency using criteria established by the Secretary; 

‘‘(iii) report the final results of the reviews to the 

public in the State in an accessible, easily understood 

manner in accordance with guidelines promulgated by 

the Secretary; and 

‘‘(iv) submit to the Secretary each year a report 

containing the results of the reviews in accordance 

with procedures developed by the Secretary; and 

‘‘(D) when any local food service authority is reviewed 

under this section, ensure that the final results of the 

review by the State educational agency are posted and 

otherwise made available to the public on request in an 

accessible, easily understood manner in accordance with 

guidelines promulgated by the Secretary.’’. 

SEC. 208. NUTRITION STANDARDS FOR ALL FOODS SOLD IN SCHOOL. 

Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) 

is amended— 

(1) by striking the section heading and all that follows 

through ‘‘(a) The Secretary’’ and inserting the following: 

‘‘SEC. 10. REGULATIONS. 

‘‘(a) IN GENERAL.—The Secretary’’; and 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) NATIONAL SCHOOL NUTRITION STANDARDS.— ‘‘(1) PROPOSED REGULATIONS.— ‘‘(A) IN GENERAL.—The Secretary shall— 

‘‘(i) establish science-based nutrition standards for 

foods sold in schools other than foods provided under 

this Act and the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1751 et seq.); and 

‘‘(ii) not later than 1 year after the date of enactment of this paragraph, promulgate proposed regulations to carry out clause (i). 

‘‘(B) APPLICATION.—The nutrition standards shall apply 

to all foods sold— 

‘‘(i) outside the school meal programs; 

‘‘(ii) on the school campus; and 

‘‘(iii) at any time during the school day. 

‘‘(C) REQUIREMENTS.—In establishing nutrition standards under this paragraph, the Secretary shall— 

‘‘(i) establish standards that are consistent with 

the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition 

Monitoring and Related Research Act of 1990 (7 U.S.C. 

5341), including the food groups to encourage and 

nutrients of concern identified in the Dietary Guidelines; and 

‘‘(ii) consider— 

‘‘(I) authoritative scientific recommendations 

for nutrition standards; 

Deadline. 

Reports. 

Reports. 

Audits. 


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‘‘(II) existing school nutrition standards, 

including voluntary standards for beverages and 

snack foods and State and local standards; 

‘‘(III) the practical application of the nutrition 

standards; and 

‘‘(IV) special exemptions for school-sponsored 

fundraisers (other than fundraising through 

vending machines, school stores, snack bars, a la 

carte sales, and any other exclusions determined 

by the Secretary), if the fundraisers are approved 

by the school and are infrequent within the school. 

‘‘(D) UPDATING STANDARDS.—As soon as practicable 

after the date of publication by the Department of Agriculture and the Department of Health and Human Services 

of a new edition of the Dietary Guidelines for Americans 

under section 301 of the National Nutrition Monitoring 

and Related Research Act of 1990 (7 U.S.C. 5341), the 

Secretary shall review and update as necessary the school 

nutrition standards and requirements established under 

this subsection. 

‘‘(2) IMPLEMENTATION.— 

‘‘(A) EFFECTIVE DATE.—The interim or final regulations 

under this subsection shall take effect at the beginning 

of the school year that is not earlier than 1 year and 

not later than 2 years following the date on which the 

regulations are finalized. 

‘‘(B) REPORTING.—The Secretary shall submit to the 

Committee on Agriculture, Nutrition, and Forestry of the 

Senate and the Committee on Education and Labor of 

the House of Representatives a quarterly report that 

describes progress made toward promulgating final regulations under this subsection.’’. 

SEC. 209. INFORMATION FOR THE PUBLIC ON THE SCHOOL NUTRITION 

ENVIRONMENT. 

Section 9 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1758) is amended by adding at the end the following: 

‘‘(k) INFORMATION ON THE SCHOOL NUTRITION ENVIRONMENT.— 

‘‘(1) IN GENERAL.—The Secretary shall— 

‘‘(A) establish requirements for local educational agencies participating in the school lunch program under this 

Act and the school breakfast program established by section 

4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 

to report information about the school nutrition environment, for all schools under the jurisdiction of the local 

educational agencies, to the Secretary and to the public 

in the State on a periodic basis; and 

‘‘(B) provide training and technical assistance to States 

and local educational agencies on the assessment and 

reporting of the school nutrition environment, including 

the use of any assessment materials developed by the Secretary. 

‘‘(2) REQUIREMENTS.—In establishing the requirements for 

reporting on the school nutrition environment under paragraph 

(1), the Secretary shall— 

Requirements. 

Regulations. 


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‘‘(A) include information pertaining to food safety 

inspections, local wellness policies, meal program participation, the nutritional quality of program meals, and other 

information as determined by the Secretary; and 

‘‘(B) ensure that information is made available to the 

public by local educational agencies in an accessible, easily 

understood manner in accordance with guidelines established by the Secretary. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to carry out this subsection such 

sums as are necessary for each of fiscal years 2011 through 

2015.’’. 

SEC. 210. ORGANIC FOOD PILOT PROGRAM. 

Section 18 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769) is amended by adding at the end the following: 

‘‘(j) ORGANIC FOOD PILOT PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish an 

organic food pilot program (referred to in this subsection as 

the ‘pilot program’) under which the Secretary shall provide 

grants on a competitive basis to school food authorities selected 

under paragraph (3). 

‘‘(2) USE OF FUNDS.— 

‘‘(A) IN GENERAL.—The Secretary shall use funds provided under this section— 

‘‘(i) to enter into competitively awarded contracts 

or cooperative agreements with school food authorities 

selected under paragraph (3); or 

‘‘(ii) to make grants to school food authority 

applicants selected under paragraph (3). 

‘‘(B) SCHOOL FOOD AUTHORITY USES OF FUNDS.—A 

school food authority that receives a grant under this section shall use the grant funds to establish a pilot program 

that increases the quantity of organic foods provided to 

schoolchildren under the school lunch program established 

under this Act. 

‘‘(3) APPLICATION.— 

‘‘(A) IN GENERAL.—A school food authority seeking a 

contract, grant, or cooperative agreement under this subsection shall submit to the Secretary an application in 

such form, containing such information, and at such time 

as the Secretary shall prescribe. 

‘‘(B) CRITERIA.—In selecting contract, grant, or cooperative agreement recipients, the Secretary shall consider— 

‘‘(i) the poverty line (as defined in section 673(2) 

of the Community Services Block Grant Act (42 U.S.C. 

9902(2), including any revision required by that section)) applicable to a family of the size involved of 

the households in the district served by the school 

food authority, giving preference to school food 

authority applicants in which not less than 50 percent 

of the households in the district are at or below the 

Federal poverty line; 

‘‘(ii) the commitment of each school food authority 

applicant— 

‘‘(I) to improve the nutritional value of school 

meals; 

Public 

information. 

Guidelines. 


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124 STAT. 3224 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(II) to carry out innovative programs that 

improve the health and wellness of schoolchildren; 

and 

‘‘(III) to evaluate the outcome of the pilot program; and 

‘‘(iii) any other criteria the Secretary determines 

to be appropriate. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to carry out this subsection 

$10,000,000 for fiscal years 2011 through 2015.’’. 

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. 

Section 17 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1766) is amended— 

(1) in subsection (a), by striking ‘‘(a) GRANT AUTHORITY’’ 

and all that follows through the end of paragraph (1) and 

inserting the following: 

‘‘(a) PROGRAM PURPOSE, GRANT AUTHORITY AND INSTITUTION

ELIGIBILITY.— ‘‘(1) IN GENERAL.— ‘‘(A) PROGRAM PURPOSE.— ‘‘(i) FINDINGS.—Congress finds that— 

‘‘(I) eating habits and other wellness-related 

behavior habits are established early in life; and 

‘‘(II) good nutrition and wellness are important 

contributors to the overall health of young children 

and essential to cognitive development. 

‘‘(ii) PURPOSE.—The purpose of the program 

authorized by this section is to provide aid to child 

and adult care institutions and family or group day 

care homes for the provision of nutritious foods that 

contribute to the wellness, healthy growth, and 

development of young children, and the health and 

wellness of older adults and chronically impaired disabled persons. 

‘‘(B) GRANT AUTHORITY.—The Secretary may carry out 

a program to assist States through grants-in-aid and other 

means to initiate and maintain nonprofit food service programs for children in institutions providing child care.’’; 

(2) by striking subsection (g) and inserting the following: 

‘‘(g) NUTRITIONAL REQUIREMENTS FOR MEALS AND SNACKS

SERVED IN INSTITUTIONS AND FAMILY OR GROUP DAY CARE

HOMES.— 

‘‘(1) DEFINITION OF DIETARY GUIDELINES.—In this subsection, the term ‘Dietary Guidelines’ means the Dietary Guidelines for Americans published under section 301 of the National 

Nutrition Monitoring and Related Research Act of 1990 (7 

U.S.C. 5341). 

‘‘(2) NUTRITIONAL REQUIREMENTS.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(C), reimbursable meals and snacks served by institutions, 

family or group day care homes, and sponsored centers 


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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) CONFORMITY WITH THE DIETARY GUIDELINES AND

AUTHORITATIVE SCIENCE.— 

‘‘(i) IN GENERAL.—Not less frequently than once 

every 10 years, the Secretary shall review and, as 

appropriate, update requirements for meals served 

under the program under this section to ensure that 

the meals— 

‘‘(I) are consistent with the goals of the most 

recent Dietary Guidelines; and 

‘‘(II) promote the health of the population 

served by the program authorized under this section, as indicated by the most recent relevant 

nutrition science and appropriate authoritative scientific agency and organization recommendations. 

‘‘(ii) COST REVIEW.—The review required under 

clause (i) shall include a review of the cost to child 

care centers and group or family day care homes 

resulting from updated requirements for meals and 

snacks served under the program under this section. 

‘‘(iii) REGULATIONS.—Not later than 18 months 

after the completion of the review of the meal pattern 

under clause (i), the Secretary shall promulgate proposed regulations to update the meal patterns for 

meals and snacks served under the program under 

this section. 

‘‘(C) EXCEPTIONS.— 

‘‘(i) SPECIAL DIETARY NEEDS.—The minimum nutritional requirements prescribed under subparagraph (A) 

shall not prohibit institutions, family or group day 

care homes, and sponsored centers from substituting 

foods to accommodate the medical or other special 

dietary needs of individual participants. 

‘‘(ii) EXEMPT INSTITUTIONS.—The Secretary may 

elect to waive all or part of the requirements of this 

subsection for emergency shelters participating in the 

program under this section. 

‘‘(3) MEAL SERVICE.—Institutions, family or group day care 

homes, and sponsored centers shall ensure that reimbursable 

meal service contributes to the development and socialization 

of enrolled children by providing that food is not used as a 

punishment or reward. 

‘‘(4) FLUID MILK.— 

‘‘(A) IN GENERAL.—If an institution, family or group 

day care home, or sponsored center provides fluid milk 

as part of a reimbursable meal or supplement, the institution, family or group day care home, or sponsored center 

shall provide the milk in accordance with the most recent 

version of the Dietary Guidelines. 

‘‘(B) MILK SUBSTITUTES.—In the case of children who 

cannot consume fluid milk due to medical or other special 

dietary needs other than a disability, an institution, family 

or group day care home, or sponsored center may substitute 

Waiver authority. 

Deadline. 

Deadline. 

Review. 

Requirements. 


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124 STAT. 3226 PUBLIC LAW 111–296—DEC. 13, 2010 

for the fluid milk required in meals served, a nondairy 

beverage that— 

‘‘(i) is nutritionally equivalent to fluid milk; and 

‘‘(ii) meets nutritional standards established by the 

Secretary, including, among other requirements established by the Secretary, fortification of calcium, protein, 

vitamin A, and vitamin D to levels found in cow’s 

milk. 

‘‘(C) APPROVAL.— ‘‘(i) IN GENERAL.—A substitution authorized under 

subparagraph (B) may be made— 

‘‘(I) at the discretion of and on approval by 

the participating day care institution; and 

‘‘(II) if the substitution is requested by written 

statement of a medical authority, or by the parent 

or legal guardian of the child, that identifies the 

medical or other special dietary need that restricts 

the diet of the child. 

‘‘(ii) EXCEPTION.—An institution, family or group 

day care home, or sponsored center that elects to make 

a substitution authorized under this paragraph shall 

not be required to provide beverages other than beverages the State has identified as acceptable substitutes. 

‘‘(D) EXCESS EXPENSES BORNE BY INSTITUTION.—A 

participating institution, family or group day care home, 

or sponsored center shall be responsible for any expenses 

that— 

‘‘(i) are incurred by the institution, family or group 

day care home, or sponsored center to provide substitutions under this paragraph; and 

‘‘(ii) are in excess of expenses covered under 

reimbursements under this Act. 

‘‘(5) NONDISCRIMINATION POLICY.—No physical segregation 

or other discrimination against any person shall be made 

because of the inability of the person to pay, nor shall there 

be any overt identification of any such person by special tokens 

or tickets, different meals or meal service, announced or published lists of names, or other means. 

‘‘(6) USE OF ABUNDANT AND DONATED FOODS.—To the maximum extent practicable, each institution shall use in its food 

service foods that are— 

‘‘(A) designated from time to time by the Secretary 

as being in abundance, either nationally or in the food 

service area; or 

‘‘(B) donated by the Secretary.’’; 

(3) by adding at the end the following: 

‘‘(u) PROMOTING HEALTH AND WELLNESS IN CHILD CARE.— 

‘‘(1) PHYSICAL ACTIVITY AND ELECTRONIC MEDIA USE.—The 

Secretary shall encourage participating child care centers and 

family or group day care homes— 

‘‘(A) to provide to all children under the supervision 

of the participating child care centers and family or group 

day care homes daily opportunities for structured and 

unstructured age-appropriate physical activity; and 

‘‘(B) to limit among children under the supervision 

of the participating child care centers and family or group 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3227 

day care homes the use of electronic media to an appropriate level. 

‘‘(2) WATER CONSUMPTION.—Participating child care centers 

and family or group day care homes shall make available 

to children, as nutritionally appropriate, potable water as an 

acceptable fluid for consumption throughout the day, including 

at meal times. 

‘‘(3) TECHNICAL ASSISTANCE AND GUIDANCE.— ‘‘(A) IN GENERAL.—The Secretary shall provide technical assistance to institutions participating in the program 

under this section to assist participating child care centers 

and family or group day care homes in complying with 

the nutritional requirements and wellness recommendations prescribed by the Secretary in accordance with this 

subsection and subsection (g). 

‘‘(B) GUIDANCE.—Not later than January 1, 2012, the 

Secretary shall issue guidance to States and institutions 

to encourage participating child care centers and family 

or group day care homes serving meals and snacks under 

this section to— 

‘‘(i) include foods that are recommended for 

increased serving consumption in amounts recommended by the most recent Dietary Guidelines for 

Americans published under section 301 of the National 

Nutrition Monitoring and Related Research Act of 1990 

(7 U.S.C. 5341), including fresh, canned, dried, or 

frozen fruits and vegetables, whole grain products, lean 

meat products, and low-fat and non-fat dairy products; 

and 

‘‘(ii) reduce sedentary activities and provide 

opportunities for regular physical activity in quantities 

recommended by the most recent Dietary Guidelines 

for Americans described in clause (i). 

‘‘(C) NUTRITION.—Technical assistance relating to the 

nutritional requirements of this subsection and subsection 

(g) shall include— 

‘‘(i) nutrition education, including education that 

emphasizes the relationship between nutrition, physical activity, and health; 

‘‘(ii) menu planning; 

‘‘(iii) interpretation of nutrition labels; and 

‘‘(iv) food preparation and purchasing guidance to 

produce meals and snacks that are— 

‘‘(I) consistent with the goals of the most recent 

Dietary Guidelines; and 

‘‘(II) promote the health of the population 

served by the program under this section, as recommended by authoritative scientific organizations. 

‘‘(D) PHYSICAL ACTIVITY.—Technical assistance relating 

to the physical activity requirements of this subsection 

shall include— 

‘‘(i) education on the importance of regular physical 

activity to overall health and well being; and 

‘‘(ii) sharing of best practices for physical activity 

plans in child care centers and homes as recommended 

by authoritative scientific organizations. 

Deadline. 


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124 STAT. 3228 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(E) ELECTRONIC MEDIA USE.—Technical assistance 

relating to the electronic media use requirements of this 

subsection shall include— 

‘‘(i) education on the benefits of limiting exposure 

to electronic media by children; and 

‘‘(ii) sharing of best practices for the development 

of daily activity plans that limit use of electronic media. 

‘‘(F) MINIMUM ASSISTANCE.—At a minimum, the technical assistance required under this paragraph shall 

include a handbook, developed by the Secretary in coordination with the Secretary for Health and Human Services, 

that includes recommendations, guidelines, and best practices for participating institutions and family or group day 

care homes that are consistent with the nutrition, physical 

activity, and wellness requirements and recommendations 

of this subsection. 

‘‘(G) ADDITIONAL ASSISTANCE.—In addition to the 

requirements of this paragraph, the Secretary shall develop 

and provide such appropriate training and education materials, guidance, and technical assistance as the Secretary 

considers to be necessary to comply with the nutritional 

and wellness requirements of this subsection and subsection (g). 

‘‘(H) 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 Secretary to provide technical assistance under this subsection $10,000,000, to remain available until 

expended. 

‘‘(ii) RECEIPT AND ACCEPTANCE.—The Secretary 

shall be entitled to receive, shall accept, and shall 

use to carry out this subsection the funds transferred 

under clause (i), without further appropriation.’’. 

SEC. 222. INTERAGENCY COORDINATION TO PROMOTE HEALTH AND 

WELLNESS IN CHILD CARE LICENSING. 

The Secretary shall coordinate with the Secretary of Health 

and Human Services to encourage State licensing agencies to 

include nutrition and wellness standards within State licensing 

standards that ensure, to the maximum extent practicable, that 

licensed child care centers and family or group day care homes— 

(1) provide to all children under the supervision of the 

child care centers and family or group day care homes daily 

opportunities for age-appropriate physical activity; 

(2) limit among children under the supervision of the child 

care centers and family or group day care homes the use 

of electronic media and the quantity of time spent in sedentary 

activity to an appropriate level; 

(3) serve meals and snacks that are consistent with the 

requirements of the child and adult care food program established under section 17 of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1766); and 

(4) promote such other nutrition and wellness goals as 

the Secretaries determine to be necessary. 

42 USC 1766 

note. 

Effective date. 

Handbook. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3229 

SEC. 223. STUDY ON NUTRITION AND WELLNESS QUALITY OF CHILD 

CARE SETTINGS. 

(a) IN GENERAL.—Not less than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary 

of Health and Human Services, shall enter into a contract for 

the conduct of a nationally representative study of child care centers 

and family or group day care homes that includes an assessment 

of— 

(1) the nutritional quality of all foods provided to children 

in child care settings as compared to the recommendations 

in most recent Dietary Guidelines for Americans published 

under section 301 of the National Nutrition Monitoring and 

Related Research Act of 1990 (7 U.S.C. 5341); 

(2) the quantity and type of opportunities for physical 

activity provided to children in child care settings; 

(3) the quantity of time spent by children in child care 

settings in sedentary activities; 

(4) an assessment of barriers and facilitators to— 

(A) providing foods to children in child care settings 

that meet the recommendations of the most recent Dietary 

Guidelines for Americans published under section 301 of 

the National Nutrition Monitoring and Related Research 

Act of 1990 (7 U.S.C. 5341); 

(B) providing the appropriate quantity and type of 

opportunities of physical activity for children in child care 

settings; and 

(C) participation by child care centers and family or 

group day care homes in the child and adult care food 

program established under section 17 of the Richard B. 

Russell National School Lunch Act (42 U.S.C. 1766); and 

(5) such other assessment measures as the Secretary may 

determine to be necessary. 

(b) REPORT TO CONGRESS.—The Secretary shall submit to Congress a report that includes a detailed description of the results 

of the study conducted under subsection (a). 

(c) FUNDING.— 

(1) 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 Secretary to carry out this 

section $5,000,000, to remain available until expended. 

(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this 

section the funds transferred under paragraph (1), without 

further appropriation. 

Subtitle C—Special Supplemental Nutrition Program for Women, Infants, and 

Children 

SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PROGRAM. 

Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) 

is amended— 

(1) in subsection (a), in the second sentence, by striking 

‘‘supplemental foods and nutrition education through any 

eligible local agency’’ and inserting ‘‘supplemental foods and 

Effective date. 

Deadline. 

Contracts. 


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124 STAT. 3230 PUBLIC LAW 111–296—DEC. 13, 2010 

nutrition education, including breastfeeding promotion and support, through any eligible local agency’’; 

(2) in subsection (b)(4), by inserting ‘‘breastfeeding support 

and promotion,’’ after ‘‘nutrition education,’’; 

(3) in subsection (c)(1), in the first sentence, by striking 

‘‘supplemental foods and nutrition education to’’ and inserting 

‘‘supplemental foods, nutrition education, and breastfeeding 

support and promotion to’’; 

(4) in subsection (e)(2), in the second sentence, by inserting 

‘‘, including breastfeeding support and education,’’ after ‘‘nutrition education’’; 

(5) in subsection (f)(6)(B), in the first sentence, by inserting 

‘‘and breastfeeding’’ after ‘‘nutrition education’’; 

(6) in subsection (h)— 

(A) in paragraph (4)— 

(i) by striking ‘‘(4) The Secretary’’ and all that 

follows through ‘‘(A) in consultation’’ and inserting the 

following: 

‘‘(4) REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Secretary shall— 

‘‘(i) in consultation’’; 

(ii) by redesignating subparagraphs (B) through 

(F) as clauses (ii) through (vi), respectively, and 

indenting appropriately; 

(iii) in clause (v) (as so redesignated), by striking 

‘‘and’’ at the end; 

(iv) in clause (vi) (as so redesignated), by striking 

‘‘2010 initiative.’’ and inserting ‘‘initiative; and’’; and 

(v) by adding at the end the following: 

‘‘(vii) annually compile and publish breastfeeding 

performance measurements based on program participant data on the number of partially and fully breastfed infants, including breastfeeding performance 

measurements for— 

‘‘(I) each State agency; and 

‘‘(II) each local agency; 

‘‘(viii) in accordance with subparagraph (B), implement a program to recognize exemplary breastfeeding 

support practices at local agencies or clinics participating in the special supplemental nutrition program 

established under this section; and 

‘‘(ix) in accordance with subparagraph (C), implement a program to provide performance bonuses to 

State agencies. 

‘‘(B) EXEMPLARY BREASTFEEDING SUPPORT PRACTICES.— 

‘‘(i) IN GENERAL.—In evaluating exemplary practices under subparagraph (A)(viii), the Secretary shall 

consider— 

‘‘(I) performance measurements of 

breastfeeding; 

‘‘(II) the effectiveness of a peer counselor program; 

‘‘(III) the extent to which the agency or clinic 

has partnered with other entities to build a supportive breastfeeding environment for women 

participating in the program; and 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3231 

‘‘(IV) such other criteria as the Secretary considers appropriate after consultation with State 

and local program agencies. 

‘‘(ii) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated to carry out the activities 

described in clause (viii) of subparagraph (A) such sums 

as are necessary. 

‘‘(C) PERFORMANCE BONUSES.— 

‘‘(i) IN GENERAL.—Following the publication of 

breastfeeding performance measurements under 

subparagraph (A)(vii), the Secretary shall provide 

performance bonus payments to not more than 15 State 

agencies that demonstrate, as compared to other State 

agencies participating in the program— 

‘‘(I) the highest proportion of breast-fed 

infants; or 

‘‘(II) the greatest improvement in proportion 

of breast-fed infants. 

‘‘(ii) CONSIDERATION.—In providing performance 

bonus payments to State agencies under this subparagraph, the Secretary shall consider the proportion of 

fully breast-fed infants in the States. 

‘‘(iii) USE OF FUNDS.—A State agency that receives 

a performance bonus under clause (i)— 

‘‘(I) shall treat the funds as program income; 

and 

‘‘(II) may transfer the funds to local agencies 

for use in carrying out the program. 

‘‘(iv) IMPLEMENTATION.—The Secretary shall provide the first performance bonuses not later than 1 

year after the date of enactment of this clause and 

may subsequently revise the criteria for awarding 

performance bonuses; and’’; and 

(B) by striking paragraph (10) and inserting the following: 

‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGEMENT INFORMATION SYSTEMS, AND SPECIAL NUTRITION EDUCATION.— 

‘‘(A) IN GENERAL.—For each of fiscal years 2010 

through 2015, the Secretary shall use for the purposes 

specified in subparagraph (B) $139,000,000 (as adjusted 

annually for inflation by the same factor used to determine 

the national average per participant grant for nutrition 

services and administration for the fiscal year under paragraph (1)(B)). 

‘‘(B) PURPOSES.—Subject to subparagraph (C), of the 

amount made available under subparagraph (A) for a fiscal 

year— 

‘‘(i) $14,000,000 shall be used for— 

‘‘(I) infrastructure for the program under this 

section; 

‘‘(II) special projects to promote breastfeeding, 

including projects to assess the effectiveness of 

particular breastfeeding promotion strategies; and 

‘‘(III) special State projects of regional or 

national significance to improve the services of 

the program; 

Deadline. 

Payments. 


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124 STAT. 3232 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(ii) $35,000,000 shall be used to establish, 

improve, or administer management information systems for the program, including changes necessary to 

meet new legislative or regulatory requirements of the 

program, of which up to $5,000,000 may be used for 

Federal administrative costs; and 

‘‘(iii) $90,000,000 shall be used for special nutrition 

education (such as breastfeeding peer counselors and 

other related activities), of which not more than 

$10,000,000 of any funding provided in excess of 

$50,000,000 shall be used to make performance bonus 

payments under paragraph (4)(C). 

‘‘(C) ADJUSTMENT.—Each of the amounts referred to 

in clauses (i), (ii), and (iii) of subparagraph (B) shall be 

adjusted annually for inflation by the same factor used 

to determine the national average per participant grant 

for nutrition services and administration for the fiscal year 

under paragraph (1)(B). 

‘‘(D) PROPORTIONAL DISTRIBUTION.—The Secretary 

shall distribute funds made available under subparagraph 

(A) in accordance with the proportional distribution 

described in subparagraphs (B) and (C).’’; and 

(7) in subsection (j), by striking ‘‘supplemental foods and 

nutrition education’’ each place it appears in paragraphs (1) 

and (2) and inserting ‘‘supplemental foods, nutrition education, 

and breastfeeding support and promotion’’. 

SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS. 

Section 17(f)(11)(D) of the Child Nutrition Act of 1966 (42 

U.S.C. 1786(f)(11)(D)) is amended in the matter preceding clause 

(i) by inserting ‘‘but not less than every 10 years,’’ after ‘‘scientific 

knowledge,’’. 

Subtitle D—Miscellaneous 

SEC. 241. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT 

PROGRAM. 

(a) IN GENERAL.—The Food and Nutrition Act of 2008 (7 U.S.C. 

2011 et seq.) is amended by adding at the end the following: 

‘‘SEC. 28. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT 

PROGRAM. 

‘‘(a) DEFINITION OF ELIGIBLE INDIVIDUAL.—In this section, the 

term ‘eligible individual’ means an individual who is eligible to 

receive benefits under a nutrition education and obesity prevention 

program under this section as a result of being— 

‘‘(1) an individual eligible for benefits under— 

‘‘(A) this Act; 

‘‘(B) sections 9(b)(1)(A) and 17(c)(4) of the Richard B 

Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A), 

1766(c)(4)); or 

‘‘(C) section 4(e)(1)(A) of the Child Nutrition Act of 

1966 (42 U.S.C. 1773(e)(1)(A)); 

‘‘(2) an individual who resides in a community with a 

significant low-income population, as determined by the Secretary; or 

7 USC 2036a. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3233 

‘‘(3) such other low-income individual as is determined 

to be eligible by the Secretary. 

‘‘(b) PROGRAMS.—Consistent with the terms and conditions of 

grants awarded under this section, State agencies may implement 

a nutrition education and obesity prevention program for eligible 

individuals that promotes healthy food choices consistent with the 

most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research 

Act of 1990 (7 U.S.C. 5341). 

‘‘(c) DELIVERY OF NUTRITION EDUCATION AND OBESITY PREVEN- TION SERVICES.— ‘‘(1) IN GENERAL.—State agencies may deliver nutrition education and obesity prevention services under a program 

described in subsection (b)— 

‘‘(A) directly to eligible individuals; or 

‘‘(B) through agreements with other State or local agencies or community organizations. 

‘‘(2) NUTRITION EDUCATION STATE PLANS.— 

‘‘(A) IN GENERAL.—A State agency that elects to provide 

nutrition education and obesity prevention services under 

this subsection shall submit to the Secretary for approval 

a nutrition education State plan. 

‘‘(B) REQUIREMENTS.—Except as provided in subparagraph (C), a nutrition education State plan shall— 

‘‘(i) identify the uses of the funding for local 

projects; 

‘‘(ii) ensure that the interventions are appropriate 

for eligible individuals who are members of low-income 

populations by recognizing the constrained resources, 

and the potential eligibility for Federal food assistance 

programs, of members of those populations; and 

‘‘(iii) conform to standards established by the Secretary through regulations, guidance, or grant award 

documents. 

‘‘(C) TRANSITION PERIOD.—During each of fiscal years 

2011 and 2012, a nutrition education State plan under 

this section shall be consistent with the requirements of 

section 11(f) (as that section, other than paragraph (3)(C), 

existed on the day before the date of enactment of this 

section). 

‘‘(3) USE OF FUNDS.— 

‘‘(A) IN GENERAL.—A State agency may use funds provided under this section for any evidence-based allowable 

use of funds identified by the Administrator of the Food 

and Nutrition Service of the Department of Agriculture 

in consultation with the Director of the Centers for Disease 

Control and Prevention of the Department of Health and 

Human Services, including— 

‘‘(i) individual and group-based nutrition education, health promotion, and intervention strategies; 

‘‘(ii) comprehensive, multilevel interventions at 

multiple complementary organizational and institutional levels; and 

‘‘(iii) community and public health approaches to 

improve nutrition. 

‘‘(B) CONSULTATION.—In identifying allowable uses of 

funds under subparagraph (A) and in seeking to strengthen 


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124 STAT. 3234 PUBLIC LAW 111–296—DEC. 13, 2010 

delivery, oversight, and evaluation of nutrition education, 

the Administrator of the Food and Nutrition Service shall 

consult with the Director of the Centers for Disease Control 

and Prevention and outside stakeholders and experts, 

including— 

‘‘(i) representatives of the academic and research 

communities; 

‘‘(ii) nutrition education practitioners; 

‘‘(iii) representatives of State and local governments; and 

‘‘(iv) community organizations that serve lowincome populations. 

‘‘(4) NOTIFICATION.—To the maximum extent practicable, 

State agencies shall notify applicants, participants, and eligible 

individuals under this Act of the availability of nutrition education and obesity prevention services under this section in 

local communities. 

‘‘(5) COORDINATION.—Subject to the approval of the Secretary, projects carried out with funds received under this 

section may be coordinated with other health promotion or 

nutrition improvement strategies, whether public or privately 

funded, if the projects carried out with funds received under 

this section remain under the administrative control of the 

State agency. 

‘‘(d) FUNDING.— 

‘‘(1) IN GENERAL.—Of funds made available each fiscal year 

under section 18(a)(1), the Secretary shall reserve for allocation 

to State agencies to carry out the nutrition education and 

obesity prevention grant program under this section, to remain 

available for obligation for a period of 2 fiscal years— 

‘‘(A) for fiscal year 2011, $375,000,000; and 

‘‘(B) for fiscal year 2012 and each subsequent fiscal 

year, the applicable amount during the preceding fiscal 

year, as adjusted to reflect any increases for the 12-month 

period ending the preceding June 30 in the Consumer 

Price Index for All Urban Consumers published by the 

Bureau of Labor Statistics of the Department of Labor. 

‘‘(2) ALLOCATION.— 

‘‘(A) INITIAL ALLOCATION.—Of the funds set aside under 

paragraph (1), as determined by the Secretary— 

‘‘(i) for each of fiscal years 2011 through 2013, 

100 percent shall be allocated to State agencies in 

direct proportion to the amount of funding that the 

State received for carrying out section 11(f) (as that 

section existed on the day before the date of enactment 

of this section) during fiscal year 2009, as reported 

to the Secretary as of February 2010; and 

‘‘(ii) subject to a reallocation under subparagraph 

(B)— 

‘‘(I) for fiscal year 2014— 

‘‘(aa) 90 percent shall be allocated to State 

agencies in accordance with clause (i); and 

‘‘(bb) 10 percent shall be allocated to State 

agencies based on the respective share of each 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3235 

State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period 

ending the preceding January 31; 

‘‘(II) for fiscal year 2015— 

‘‘(aa) 80 percent shall be allocated to State 

agencies in accordance with clause (i); and 

‘‘(bb) 20 percent shall be allocated in 

accordance with subclause (I)(bb); 

‘‘(III) for fiscal year 2016— 

‘‘(aa) 70 percent shall be allocated to State 

agencies in accordance with clause (i); and 

‘‘(bb) 30 percent shall be allocated in 

accordance with subclause (I)(bb); 

‘‘(IV) for fiscal year 2017— 

‘‘(aa) 60 percent shall be allocated to State 

agencies in accordance with clause (i); and 

‘‘(bb) 40 percent shall be allocated in 

accordance with subclause (I)(bb); and 

‘‘(V) for fiscal year 2018 and each fiscal year 

thereafter— 

‘‘(aa) 50 percent shall be allocated to State 

agencies in accordance with clause (i); and 

‘‘(bb) 50 percent shall be allocated in 

accordance with subclause (I)(bb). 

‘‘(B) REALLOCATION.— 

‘‘(i) IN GENERAL.—If the Secretary determines that 

a State agency will not expend all of the funds allocated 

to the State agency for a fiscal year under paragraph 

(1) or in the case of a State agency that elects not 

to receive the entire amount of funds allocated to the 

State agency for a fiscal year, the Secretary shall 

reallocate the unexpended funds to other States during 

the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State 

plans under which the State agencies may expend 

the reallocated funds. 

‘‘(ii) EFFECT OF ADDITIONAL FUNDS.— 

‘‘(I) FUNDS RECEIVED.—Any reallocated funds 

received by a State agency under clause (i) for 

a fiscal year shall be considered to be part of 

the fiscal year 2009 base allocation of funds to 

the State agency for that fiscal year for purposes 

of determining allocation under subparagraph (A) 

for the subsequent fiscal year. 

‘‘(II) FUNDS SURRENDERED.—Any funds surrendered by a State agency under clause (i) shall 

not be considered to be part of the fiscal year 

2009 base allocation of funds to a State agency 

for that fiscal year for purposes of determining 

allocation under subparagraph (A) for the subsequent fiscal year. 

‘‘(3) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION.— 

‘‘(A) IN GENERAL.—Grants awarded under this section 

shall be the only source of Federal financial participation 

under this Act in nutrition education and obesity prevention. 


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124 STAT. 3236 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(B) EXCLUSION.—Any costs of nutrition education and 

obesity prevention in excess of the grants authorized under 

this section shall not be eligible for reimbursement under 

section 16(a). 

‘‘(e) IMPLEMENTATION.—Not later than January 1, 2012, the 

Secretary shall publish in the Federal Register a description of 

the requirements for the receipt of a grant under this section.’’. 

(b) CONFORMING AMENDMENTS.— (1) Section 4(a) of the Food and Nutrition Act of 2008 

(7 U.S.C. 2013(a)) is amended in the first sentence by striking 

‘‘and, through an approved State plan, nutrition education’’. 

(2) Section 11 of the Food and Nutrition Act of 2008 (7 

U.S.C. 2020) is amended by striking subsection (f). 

SEC. 242. PROCUREMENT AND PROCESSING OF FOOD SERVICE PRODUCTS AND COMMODITIES. 

Section 9(a)(4) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1758(a)(4)) is amended by adding at the end the 

following: 

‘‘(C) PROCUREMENT AND PROCESSING OF FOOD SERVICE

PRODUCTS AND COMMODITIES.—The Secretary shall— 

‘‘(i) identify, develop, and disseminate to State 

departments of agriculture and education, school food 

authorities, local educational agencies, and local processing entities, model product specifications and practices for foods offered in school nutrition programs 

under this Act and the Child Nutrition Act of 1966 

(42 U.S.C. 1771 et seq.) to ensure that the foods reflect 

the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition 

Monitoring and Related Research Act of 1990 (7 U.S.C. 

5341); 

‘‘(ii) not later than 1 year after the date of enactment of this subparagraph— 

‘‘(I) carry out a study to analyze the quantity 

and quality of nutritional information available 

to school food authorities about food service products and commodities; and 

‘‘(II) submit to Congress a report on the results 

of the study that contains such legislative recommendations as the Secretary considers necessary to ensure that school food authorities have 

access to the nutritional information needed for 

menu planning and compliance assessments; and 

‘‘(iii) to the maximum extent practicable, in purchasing and processing commodities for use in school 

nutrition programs under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), purchase 

the widest variety of healthful foods that reflect the 

most recent Dietary Guidelines for Americans.’’. 

SEC. 243. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM. 

Section 18 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769) is amended— 

(1) by redesignating subsections (h) and (i) and subsection 

(j) (as added by section 210) as subsections (i) through (k), 

respectively; 

Reports. 

Deadline. 

Deadline. 

Federal Register, 

publication. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3237 

(2) in subsection (g), by striking ‘‘(g) ACCESS TO LOCAL

FOODS AND SCHOOL GARDENS.—’’ and all that follows through 

‘‘(3) PILOT PROGRAM FOR HIGH-POVERTY SCHOOLS.—’’ and 

inserting the following: 

‘‘(g) ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.— 

‘‘(1) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection, 

the term ‘eligible school’ means a school or institution that 

participates in a program under this Act or the school breakfast 

program established under section 4 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1773). 

‘‘(2) PROGRAM.—The Secretary shall carry out a program 

to assist eligible schools, State and local agencies, Indian tribal 

organizations, agricultural producers or groups of agricultural 

producers, and nonprofit entities through grants and technical 

assistance to implement farm to school programs that improve 

access to local foods in eligible schools. 

‘‘(3) GRANTS.— 

‘‘(A) IN GENERAL.—The Secretary shall award competitive grants under this subsection to be used for— 

‘‘(i) training; 

‘‘(ii) supporting operations; 

‘‘(iii) planning; 

‘‘(iv) purchasing equipment; 

‘‘(v) developing school gardens; 

‘‘(vi) developing partnerships; and 

‘‘(vii) implementing farm to school programs. 

‘‘(B) REGIONAL BALANCE.—In making awards under 

this subsection, the Secretary shall, to the maximum extent 

practicable, ensure— 

‘‘(i) geographical diversity; and 

‘‘(ii) equitable treatment of urban, rural, and tribal 

communities. 

‘‘(C) MAXIMUM AMOUNT.—The total amount provided 

to a grant recipient under this subsection shall not exceed 

$100,000. 

‘‘(4) FEDERAL SHARE.— 

‘‘(A) IN GENERAL.—The Federal share of costs for a 

project funded through a grant awarded under this subsection shall not exceed 75 percent of the total cost of 

the project. 

‘‘(B) FEDERAL MATCHING.—As a condition of receiving 

a grant under this subsection, a grant recipient shall provide matching support in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources. 

‘‘(5) CRITERIA FOR SELECTION.—To the maximum extent 

practicable, in providing assistance under this subsection, the 

Secretary shall give the highest priority to funding projects 

that, as determined by the Secretary— 

‘‘(A) make local food products available on the menu 

of the eligible school; 

‘‘(B) serve a high proportion of children who are eligible 

for free or reduced price lunches; 


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124 STAT. 3238 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(C) incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm and garden-based agricultural education activities; 

‘‘(D) demonstrate collaboration between eligible schools, 

nongovernmental and community-based organizations, 

agricultural producer groups, and other community partners; 

‘‘(E) include adequate and participatory evaluation 

plans; 

‘‘(F) demonstrate the potential for long-term program 

sustainability; and 

‘‘(G) meet any other criteria that the Secretary determines appropriate. 

‘‘(6) EVALUATION.—As a condition of receiving a grant under 

this subsection, each grant recipient shall agree to cooperate 

in an evaluation by the Secretary of the program carried out 

using grant funds. 

‘‘(7) TECHNICAL ASSISTANCE.—The Secretary shall provide 

technical assistance and information to assist eligible schools, 

State and local agencies, Indian tribal organizations, and nonprofit entities— 

‘‘(A) to facilitate the coordination and sharing of 

information and resources in the Department that may 

be applicable to the farm to school program; 

‘‘(B) to collect and share information on best practices; 

and 

‘‘(C) to disseminate research and data on existing farm 

to school programs and the potential for programs in underserved areas. 

‘‘(8) FUNDING.— 

‘‘(A) IN GENERAL.—On October 1, 2012, and each 

October 1 thereafter, out of any funds in the Treasury 

not otherwise appropriated, the Secretary of the Treasury 

shall transfer to the Secretary to carry out this subsection 

$5,000,000, to remain available until expended. 

‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 

be entitled to receive, shall accept, and shall use to carry 

out this subsection the funds transferred under subparagraph (A), without further appropriation. 

‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In addition to 

the amounts made available under paragraph (8), there are 

authorized to be appropriated to carry out this subsection such 

sums as are necessary for each of fiscal years 2011 through 

2015. 

‘‘(h) PILOT PROGRAM FOR HIGH-POVERTY SCHOOLS.— 

‘‘(1) IN GENERAL.—’’; and 

(3) in subsection (h) (as redesignated by paragraph (2))— 

(A) in subparagraph (F) of paragraph (1) (as so redesignated), by striking ‘‘in accordance with paragraph (1)(H)’’ 

and inserting ‘‘carried out by the Secretary’’; 

(B) by redesignating paragraph (4) as paragraph (2); 

and 

(C) in paragraph (2) (as so redesignated), by striking 

‘‘2009’’ and inserting ‘‘2015’’. 

Effective dates. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3239 

SEC. 244. RESEARCH ON STRATEGIES TO PROMOTE THE SELECTION 

AND CONSUMPTION OF HEALTHY FOODS. 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a research, 

demonstration, and technical assistance program to promote healthy 

eating and reduce the prevalence of obesity, among all population 

groups but especially among children, by applying the principles 

and insights of behavioral economics research in schools, child 

care programs, and other settings. 

(b) PRIORITIES.—The Secretary shall— 

(1) identify and assess the impacts of specific presentation, 

placement, and other strategies for structuring choices on selection and consumption of healthful foods in a variety of settings, 

consistent with the most recent version of the Dietary Guidelines for Americans published under section 301 of the National 

Nutrition Monitoring and Related Research Act of 1990 (7 

U.S.C. 5341); 

(2) demonstrate and rigorously evaluate behavioral 

economics-related interventions that hold promise to improve 

diets and promote health, including through demonstration 

projects that may include evaluation of the use of portion 

size, labeling, convenience, and other strategies to encourage 

healthy choices; and 

(3) encourage adoption of the most effective strategies 

through outreach and technical assistance. 

(c) AUTHORITY.—In carrying out the program under subsection 

(a), the Secretary may— 

(1) enter into competitively awarded contracts or cooperative agreements; or 

(2) provide grants to States or public or private agencies 

or organizations, as determined by the Secretary. 

(d) APPLICATION.—To be eligible to enter into a contract or 

cooperative agreement or receive a grant under this section, a 

State or public or private agency or organization shall submit 

to the Secretary an application at such time, in such manner, 

and containing such information as the Secretary may require. 

(e) COORDINATION.—The solicitation and evaluation of contracts, cooperative agreements, and grant proposals considered 

under this section shall be coordinated with the Food and Nutrition 

Service as appropriate to ensure that funded projects are consistent 

with the operations of Federally supported nutrition assistance 

programs and related laws (including regulations). 

(f) ANNUAL REPORTS.—Not later than 90 days after the end 

of each fiscal year, the Secretary shall submit to the Committee 

on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a report 

that includes a description of— 

(1) the policies, priorities, and operations of the program 

carried out by the Secretary under this section during the 

fiscal year; 

(2) the results of any evaluations completed during the 

fiscal year; and 

(3) the efforts undertaken to disseminate successful practices through outreach and technical assistance. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

7 USC 3179. 


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(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section such sums as are necessary for each 

of fiscal years 2011 through 2015. 

(2) USE OF FUNDS.—The Secretary may use up to 5 percent 

of the funds made available under paragraph (1) for Federal 

administrative expenses incurred in carrying out this section. 

TITLE III—IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION PROGRAMS 

Subtitle A—National School Lunch 

Program 

SEC. 301. PRIVACY PROTECTION. 

Section 9(d)(1) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1758(d)(1)) is amended— 

(1) in the first sentence, by inserting ‘‘the last 4 digits 

of’’ before ‘‘the social security account number’’; and 

(2) by striking the second sentence. 

SEC. 302. APPLICABILITY OF FOOD SAFETY PROGRAM ON ENTIRE 

SCHOOL CAMPUS. 

Section 9(h)(5) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1758(h)(5)) is amended— 

(1) by striking ‘‘Each school food’’ and inserting the following: 

‘‘(A) IN GENERAL.—Each school food’’; and 

(2) by adding at the end the following: 

‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply to 

any facility or part of a facility in which food is stored, 

prepared, or served for the purposes of the school nutrition 

programs under this Act or section 4 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1773).’’. 

SEC. 303. FINES FOR VIOLATING PROGRAM REQUIREMENTS. 

Section 22 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769c) is amended by adding at the end the following: 

‘‘(e) FINES FOR VIOLATING PROGRAM REQUIREMENTS.— ‘‘(1) SCHOOL FOOD AUTHORITIES AND SCHOOLS.— ‘‘(A) IN GENERAL.—The Secretary shall establish criteria by which the Secretary or a State agency may impose 

a fine against any school food authority or school administering a program authorized under this Act or the Child 

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Secretary or the State agency determines that the school food 

authority or school has— 

‘‘(i) failed to correct severe mismanagement of the 

program; 

‘‘(ii) disregarded a program requirement of which 

the school food authority or school had been informed; 

or 

‘‘(iii) failed to correct repeated violations of program requirements. 

‘‘(B) LIMITS.— 


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‘‘(i) IN GENERAL.—In calculating the fine for a 

school food authority or school, the Secretary shall 

base the amount of the fine on the reimbursement 

earned by school food authority or school for the program in which the violation occurred. 

‘‘(ii) AMOUNT.—The amount under clause (i) shall 

not exceed— 

‘‘(I) 1 percent of the amount of meal reimbursements earned for the fiscal year for the first finding 

of 1 or more program violations under subparagraph (A); 

‘‘(II) 5 percent of the amount of meal 

reimbursements earned for the fiscal year for the 

second finding of 1 or more program violations 

under subparagraph (A); and 

‘‘(III) 10 percent of the amount of meal 

reimbursements earned for the fiscal year for the 

third or subsequent finding of 1 or more program 

violations under subparagraph (A). 

‘‘(2) STATE AGENCIES.— 

‘‘(A) IN GENERAL.—The Secretary shall establish criteria by which the Secretary may impose a fine against 

any State agency administering a program authorized 

under this Act or the Child Nutrition Act of 1966 (42 

U.S.C. 1771 et seq.) if the Secretary determines that the 

State agency has— 

‘‘(i) failed to correct severe mismanagement of the 

program; 

‘‘(ii) disregarded a program requirement of which 

the State had been informed; or 

‘‘(iii) failed to correct repeated violations of program requirements. 

‘‘(B) LIMITS.—In the case of a State agency, the amount 

of a fine under subparagraph (A) shall not exceed— 

‘‘(i) 1 percent of funds made available under section 

7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 

1776(a)) for State administrative expenses during a 

fiscal year for the first finding of 1 or more program 

violations under subparagraph (A); 

‘‘(ii) 5 percent of funds made available under section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 

1776(a)) for State administrative expenses during a 

fiscal year for the second finding of 1 or more program 

violations under subparagraph (A); and 

‘‘(iii) 10 percent of funds made available under 

section 7(a) of the Child Nutrition Act of 1966 (42 

U.S.C. 1776(a)) for State administrative expenses 

during a fiscal year for the third or subsequent finding 

of 1 or more program violations under subparagraph 

(A). 

‘‘(3) SOURCE OF FUNDING.—Funds to pay a fine imposed 

under paragraph (1) or (2) shall be derived from non-Federal 

sources.’’. 


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SEC. 304. INDEPENDENT REVIEW OF APPLICATIONS. 

Section 22(b) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769c(b)) is amended by adding at the end the 

following: 

‘‘(6) ELIGIBILITY DETERMINATION REVIEW FOR SELECTED

LOCAL EDUCATIONAL AGENCIES.— 

‘‘(A) IN GENERAL.—A local educational agency that has 

demonstrated a high level of, or a high risk for, administrative error associated with certification, verification, and 

other administrative processes, as determined by the Secretary, shall ensure that the initial eligibility determination 

for each application is reviewed for accuracy prior to notifying a household of the eligibility or ineligibility of the 

household for free or reduced price meals. 

‘‘(B) TIMELINESS.—The review of initial eligibility determinations— 

‘‘(i) shall be completed in a timely manner; and 

‘‘(ii) shall not result in the delay of an eligibility 

determination for more than 10 operating days after 

the date on which the application is submitted. 

‘‘(C) ACCEPTABLE TYPES OF REVIEW.—Subject to standards established by the Secretary, the system used to 

review eligibility determinations for accuracy shall be conducted by an individual or entity that did not make the 

initial eligibility determination. 

‘‘(D) NOTIFICATION OF HOUSEHOLD.—Once the review 

of an eligibility determination has been completed under 

this paragraph, the household shall be notified immediately 

of the determination of eligibility or ineligibility for free 

or reduced price meals. 

‘‘(E) REPORTING.— 

‘‘(i) LOCAL EDUCATIONAL AGENCIES.—In accordance 

with procedures established by the Secretary, each 

local educational agency required to review initial eligibility determinations shall submit to the relevant State 

agency a report describing the results of the reviews, 

including— 

‘‘(I) the number and percentage of reviewed 

applications for which the eligibility determination 

was changed and the type of change made; and 

‘‘(II) such other information as the Secretary 

determines to be necessary. 

‘‘(ii) STATE AGENCIES.—In accordance with procedures established by the Secretary, each State agency 

shall submit to the Secretary a report describing the 

results of the reviews of initial eligibility determinations, including— 

‘‘(I) the number and percentage of reviewed 

applications for which the eligibility determination 

was changed and the type of change made; and 

‘‘(II) such other information as the Secretary 

determines to be necessary. 

‘‘(iii) TRANSPARENCY.—The Secretary shall publish 

annually the results of the reviews of initial eligibility 

determinations by State, number, percentage, and type 

of error.’’. 

Publication. 

Procedures. 

Procedures. 

Standards. 


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SEC. 305. PROGRAM EVALUATION. 

Section 28 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769i) is amended by adding at the end the following: 

‘‘(c) COOPERATION WITH PROGRAM RESEARCH AND EVALUATION.—States, State educational agencies, local educational agencies, schools, institutions, facilities, and contractors participating 

in programs authorized under this Act and the Child Nutrition 

Act of 1966 (42 U.S.C. 1771 et seq.) shall cooperate with officials 

and contractors acting on behalf of the Secretary, in the conduct 

of evaluations and studies under those Acts.’’. 

SEC. 306. PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE. 

Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) 

is amended by striking subsection (g) and inserting the following: 

‘‘(g) PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.— 

‘‘(1) CRITERIA FOR SCHOOL FOOD SERVICE AND STATE AGENCY

DIRECTORS.— 

‘‘(A) SCHOOL FOOD SERVICE DIRECTORS.— 

‘‘(i) IN GENERAL.—The Secretary shall establish a 

program of required education, training, and certification for all school food service directors responsible 

for the management of a school food authority. 

‘‘(ii) REQUIREMENTS.—The program shall include— 

‘‘(I) minimum educational requirements necessary to successfully manage the school lunch 

program established under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.) 

and the school breakfast program established by 

section 4 of this Act; 

‘‘(II) minimum program training and certification criteria for school food service directors; and 

‘‘(III) minimum periodic training criteria to 

maintain school food service director certification. 

‘‘(B) SCHOOL NUTRITION STATE AGENCY DIRECTORS.— 

The Secretary shall establish criteria and standards for 

States to use in the selection of State agency directors 

with responsibility for the school lunch program established 

under the Richard B. Russell National School Lunch Act 

(42 U.S.C. 1751 et seq.) and the school breakfast program 

established by section 4 of this Act. 

‘‘(C) TRAINING PROGRAM PARTNERSHIP.—The Secretary 

may provide financial and other assistance to 1 or more 

professional food service management organizations— 

‘‘(i) to establish and manage the program under 

this paragraph; and 

‘‘(ii) to develop voluntary training and certification 

programs for other school food service workers. 

‘‘(D) REQUIRED DATE OF COMPLIANCE.— 

‘‘(i) SCHOOL FOOD SERVICE DIRECTORS.—The Secretary shall establish a date by which all school food 

service directors whose local educational agencies are 

participating in the school lunch program established 

under the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1751 et seq.) and the school breakfast 

program established by section 4 of this Act shall be 

required to comply with the education, training, and 


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certification criteria established in accordance with 

subparagraph (A). 

‘‘(ii) SCHOOL NUTRITION STATE AGENCY DIRECTORS.—The Secretary shall establish a date by which 

all State agencies shall be required to comply with 

criteria and standards established in accordance with 

subparagraph (B) for the selection of State agency 

directors with responsibility for the school lunch program established under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.) 

and the school breakfast program established by section 4 of this Act. 

‘‘(2) TRAINING AND CERTIFICATION OF FOOD SERVICE PERSONNEL.— 

‘‘(A) TRAINING FOR INDIVIDUALS CONDUCTING OR OVERSEEING ADMINISTRATIVE PROCEDURES.— 

‘‘(i) IN GENERAL.—At least annually, each State 

shall provide training in administrative practices 

(including training in application, certification, 

verification, meal counting, and meal claiming procedures) to local educational agency and school food 

authority personnel and other appropriate personnel. 

‘‘(ii) FEDERAL ROLE.—The Secretary shall— 

‘‘(I) provide training and technical assistance 

described in clause (i) to the State; or 

‘‘(II) at the option of the Secretary, directly 

provide training and technical assistance described 

in clause (i). 

‘‘(iii) REQUIRED PARTICIPATION.—In accordance 

with procedures established by the Secretary, each 

local educational agency or school food authority shall 

ensure that an individual conducting or overseeing 

administrative procedures described in clause (i) 

receives training at least annually, unless determined 

otherwise by the Secretary. 

‘‘(B) TRAINING AND CERTIFICATION OF ALL LOCAL FOOD

SERVICE PERSONNEL.— 

‘‘(i) IN GENERAL.—The Secretary shall provide 

training designed to improve— 

‘‘(I) the accuracy of approvals for free and 

reduced price meals; and 

‘‘(II) the identification of reimbursable meals 

at the point of service. 

‘‘(ii) CERTIFICATION OF LOCAL PERSONNEL.—In 

accordance with criteria established by the Secretary, 

local food service personnel shall complete annual 

training and receive annual certification— 

‘‘(I) to ensure program compliance and integrity; and 

‘‘(II) to demonstrate competence in the training 

provided under clause (i). 

‘‘(iii) TRAINING MODULES.—In addition to the topics 

described in clause (i), a training program carried out 

under this subparagraph shall include training modules on— 

‘‘(I) nutrition; 

Procedures. 

Deadline. 


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‘‘(II) health and food safety standards and 

methodologies; and 

‘‘(III) any other appropriate topics, as determined by the Secretary. 

‘‘(3) FUNDING.— ‘‘(A) IN GENERAL.—Out of any funds in the Treasury 

not otherwise appropriated, the Secretary of the Treasury 

shall transfer to the Secretary to carry out this subsection, 

to remain available until expended— ‘‘(i) on October 1, 2010, $5,000,000; and 

‘‘(ii) on each October 1 thereafter, $1,000,000. 

‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 

be entitled to receive, shall accept, and shall use to carry 

out this subsection the funds transferred under subparagraph (A), without further appropriation.’’. 

SEC. 307. INDIRECT COSTS. 

(a) GUIDANCE ON INDIRECT COSTS RULES.—Not later than 180 

days after the date of enactment of this Act, the Secretary shall 

issue guidance to school food authorities participating in the school 

lunch program established under the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast 

program established by section 4 of the Child Nutrition Act of 

1966 (42 U.S.C. 1773) covering program rules pertaining to indirect 

costs, including allowable indirect costs that may be charged to 

the nonprofit school food service account. 

(b) INDIRECT COST STUDY.—The Secretary shall— 

(1) conduct a study to assess the extent to which school 

food authorities participating in the school lunch program established under the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1751 et seq.) and the school breakfast program 

established by section 4 of the Child Nutrition Act of 1966 

(42 U.S.C. 1773) pay indirect costs, including assessments of— 

(A) the allocation of indirect costs to, and the methodologies used to establish indirect cost rates for, school 

food authorities participating in the school lunch program 

established under the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast 

program established by section 4 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1773); 

(B) the impact of indirect costs charged to the nonprofit 

school food service account; 

(C) the types and amounts of indirect costs charged 

and recovered by school districts; 

(D) whether the indirect costs charged or recovered 

are consistent with requirements for the allocation of 

indirect costs and school food service operations; and 

(E) the types and amounts of indirect costs that could 

be charged or recovered under requirements for the allocation of indirect costs and school food service operations 

but are not charged or recovered; and 

(2) after completing the study required under paragraph 

(1), issue additional guidance relating to the types of costs 

that are reasonable and necessary to provide meals under the 

Richard B. Russell National School Lunch Act (42 U.S.C. 1751 

et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 

et seq.). 

Deadline. 

42 USC 1751 

note. 

Effective dates. 


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(c) REGULATIONS.—After conducting the study under subsection 

(b)(1) and identifying costs under subsection (b)(2), the Secretary 

may promulgate regulations to address— 

(1) any identified deficiencies in the allocation of indirect 

costs; and 

(2) the authority of school food authorities to reimburse 

only those costs identified by the Secretary as reasonable and 

necessary under subsection (b)(2). 

(d) REPORT.—Not later than October 1, 2013, the Secretary 

shall submit to the Committee on Education and Labor of the 

House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results 

of the study under subsection (b). 

(e) FUNDING.— 

(1) 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 Secretary to carry out this 

section $2,000,000, to remain available until expended. 

(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this 

section the funds transferred under paragraph (1), without 

further appropriation. 

SEC. 308. ENSURING SAFETY OF SCHOOL MEALS. 

The Richard B. Russell National School Lunch Act is amended 

by after section 28 (42 U.S.C. 1769i) the following: 

‘‘SEC. 29. ENSURING SAFETY OF SCHOOL MEALS. 

‘‘(a) FOOD AND NUTRITION SERVICE.—Not later than 1 year 

after the date of enactment of the Healthy, Hunger-Free Kids 

Act of 2010, the Secretary, acting through the Administrator of 

the Food and Nutrition Service, shall— 

‘‘(1) in consultation with the Administrator of the Agricultural Marketing Service and the Administrator of the Farm 

Service Agency, develop guidelines to determine the circumstances under which it is appropriate for the Secretary 

to institute an administrative hold on suspect foods purchased 

by the Secretary that are being used in school meal programs 

under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 

1771 et seq.); 

‘‘(2) work with States to explore ways for the States to 

increase the timeliness of notification of food recalls to schools 

and school food authorities; 

‘‘(3) improve the timeliness and completeness of direct 

communication between the Food and Nutrition Service and 

States about holds and recalls, such as through the commodity 

alert system of the Food and Nutrition Service; and 

‘‘(4) establish a timeframe to improve the commodity hold 

and recall procedures of the Department of Agriculture to 

address the role of processors and determine the involvement 

of distributors with processed products that may contain 

recalled ingredients, to facilitate the provision of more timely 

and complete information to schools. 

‘‘(b) FOOD SAFETY AND INSPECTION SERVICE.—Not later than 

1 year after the date of enactment of the Healthy, Hunger-Free 

Kids Act of 2010, the Secretary, acting through the Administrator 

Guidelines. 

Deadlines. 

42 USC 1769j. 

Effective date. 


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of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and Inspection Service to ensure that 

schools are included in effectiveness checks.’’. 

Subtitle B—Summer Food Service Program 

SEC. 321. SUMMER FOOD SERVICE PROGRAM PERMANENT OPERATING 

AGREEMENTS. 

Section 13(b) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1761(b)) is amended by striking paragraph (3) and 

inserting the following: 

‘‘(3) PERMANENT OPERATING AGREEMENTS AND BUDGET FOR

ADMINISTRATIVE COSTS.— 

‘‘(A) PERMANENT OPERATING AGREEMENTS.— 

‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), 

to participate in the program, a service institution 

that meets the conditions of eligibility described in 

this section and in regulations promulgated by the 

Secretary, shall be required to enter into a permanent 

agreement with the applicable State agency. 

‘‘(ii) AMENDMENTS.—A permanent agreement 

described in clause (i) may be amended as necessary 

to ensure that the service institution is in compliance 

with all requirements established in this section or 

by the Secretary. 

‘‘(iii) TERMINATION.—A permanent agreement 

described in clause (i)— 

‘‘(I) may be terminated for convenience by the 

service institution and State agency that is a party 

to the permanent agreement; and 

‘‘(II) shall be terminated— 

‘‘(aa) for cause by the applicable State 

agency in accordance with subsection (q) and 

with regulations promulgated by the Secretary; or 

‘‘(bb) on termination of participation of the 

service institution in the program. 

‘‘(B) BUDGET FOR ADMINISTRATIVE COSTS.— ‘‘(i) IN GENERAL.—When applying for participation 

in the program, and not less frequently than annually 

thereafter, each service institution shall submit a complete budget for administrative costs related to the 

program, which shall be subject to approval by the 

State. 

‘‘(ii) AMOUNT.—Payment to service institutions for 

administrative costs shall equal the levels determined 

by the Secretary pursuant to the study required in 

paragraph (4).’’. 

SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALIFICATION. 

Section 13 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1761) is amended— 

(1) by redesignating subsection (q) as subsection (r); and 

(2) by inserting after subsection (p) the following: 

‘‘(q) TERMINATION AND DISQUALIFICATION OF PARTICIPATING

ORGANIZATIONS.— 

Regulations. 

Regulations. 


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‘‘(1) IN GENERAL.—Each State agency shall follow the procedures established by the Secretary for the termination of 

participation of institutions under the program. 

‘‘(2) FAIR HEARING.—The procedures described in paragraph 

(1) shall include provision for a fair hearing and prompt determination for any service institution aggrieved by any action 

of the State agency that affects— 

‘‘(A) the participation of the service institution in the 

program; or 

‘‘(B) the claim of the service institution for reimbursement under this section. 

‘‘(3) LIST OF DISQUALIFIED INSTITUTIONS AND INDIVIDUALS.— ‘‘(A) IN GENERAL.—The Secretary shall maintain a list 

of service institutions and individuals that have been terminated or otherwise disqualified from participation in the 

program under the procedures established pursuant to 

paragraph (1). 

‘‘(B) AVAILABILITY.—The Secretary shall make the list 

available to States for use in approving or renewing 

applications by service institutions for participation in the 

program.’’. 

Subtitle C—Child and Adult Care Food 

Program 

SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PERMANENT 

OPERATING AGREEMENTS. 

(a) PERMANENT OPERATING AGREEMENTS.—Section 17(d)(1) of 

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

1766(d)(1)) is amended by adding at the end the following: 

‘‘(E) PERMANENT OPERATING AGREEMENTS.— ‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), 

to participate in the child and adult care food program, 

an institution that meets the conditions of eligibility 

described in this subsection shall be required to enter 

into a permanent agreement with the applicable State 

agency. 

‘‘(ii) AMENDMENTS.—A permanent agreement 

described in clause (i) may be amended as necessary 

to ensure that the institution is in compliance with 

all requirements established in this section or by the 

Secretary. 

‘‘(iii) TERMINATION.—A permanent agreement 

described in clause (i)— 

‘‘(I) may be terminated for convenience by the 

institution or State agency that is a party to the 

permanent agreement; and 

‘‘(II) shall be terminated— 

‘‘(aa) for cause by the applicable State 

agency in accordance with paragraph (5); or 

‘‘(bb) on termination of participation of the 

institution in the child and adult care food 

program.’’. 

(b) APPLICATIONS AND REVIEWS.—Section 17(d) of the Richard 

B. Russell National School Lunch Act (42 U.S.C. 1766(d)) is 

amended by striking paragraph (2) and inserting the following: 

Procedures. 


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‘‘(2) PROGRAM APPLICATIONS.— 

‘‘(A) IN GENERAL.—The Secretary shall develop a policy 

under which each institution providing child care that 

participates in the program under this section shall— 

‘‘(i) submit to the State agency an initial application to participate in the program that meets all 

requirements established by the Secretary by regulation; 

‘‘(ii) annually confirm to the State agency that 

the institution, and any facilities of the institution 

in which the program is operated by a sponsoring 

organization, is in compliance with subsection (a)(5); 

and 

‘‘(iii) annually submit to the State agency any additional information necessary to confirm that the 

institution is in compliance with all other requirements 

to participate in the program, as established in this 

Act and by the Secretary by regulation. 

‘‘(B) REQUIRED REVIEWS OF SPONSORED FACILITIES.— 

‘‘(i) IN GENERAL.—The Secretary shall develop a 

policy under which each sponsoring organization 

participating in the program under this section shall 

conduct— 

‘‘(I) periodic unannounced site visits at not 

less than 3-year intervals to sponsored child and 

adult care centers and family or group day care 

homes to identify and prevent management deficiencies and fraud and abuse under the program; 

and 

‘‘(II) at least 1 scheduled site visit each year 

to sponsored child and adult care centers and 

family or group day care homes to identify and 

prevent management deficiencies and fraud and 

abuse under the program and to improve program 

operations. 

‘‘(ii) VARIED TIMING.—Sponsoring organizations 

shall vary the timing of unannounced reviews under 

clause (i)(I) in a manner that makes the reviews 

unpredictable to sponsored facilities. 

‘‘(C) REQUIRED REVIEWS OF INSTITUTIONS.—The Secretary shall develop a policy under which each State agency 

shall conduct— 

‘‘(i) at least 1 scheduled site visit at not less than 

3-year intervals to each institution under the State 

agency participating in the program under this section— 

‘‘(I) to identify and prevent management deficiencies and fraud and abuse under the program; 

and 

‘‘(II) to improve program operations; and 

‘‘(ii) more frequent reviews of any institution 

that— 

‘‘(I) sponsors a significant share of the facilities 

participating in the program; 

‘‘(II) conducts activities other than the program authorized under this section; 

Deadline. 

Deadlines. 

Regulations. 

Deadlines. 


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‘‘(III) has serious management problems, as 

identified in a prior review, or is at risk of having 

serious management problems; or 

‘‘(IV) meets such other criteria as are defined 

by the Secretary. 

‘‘(D) DETECTION AND DETERRENCE OF ERRONEOUS PAYMENTS AND FALSE CLAIMS.— 

‘‘(i) IN GENERAL.—The Secretary may develop a 

policy to detect and deter, and recover erroneous payments to, and false claims submitted by, institutions, 

sponsored child and adult care centers, and family 

or group day care homes participating in the program 

under this section. 

‘‘(ii) BLOCK CLAIMS.— 

‘‘(I) DEFINITION OF BLOCK CLAIM.—In this 

clause, the term ‘block claim’ has the meaning 

given the term in section 226.2 of title 7, Code 

of Federal Regulations (or successor regulations). 

‘‘(II) PROGRAM EDIT CHECKS.—The Secretary 

may not require any State agency, sponsoring 

organization, or other institution to perform edit 

checks or on-site reviews relating to the detection 

of block claims by any child care facility. 

‘‘(III) ALLOWANCE.—Notwithstanding subclause (II), the Secretary may require any State 

agency, sponsoring organization, or other institution to collect, store, and transmit to the appropriate entity information necessary to develop any 

other policy developed under clause (i).’’. 

(c) AGREEMENTS.—Section 17(j)(1) of the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1766(j)(1)) is amended— 

(1) by striking ‘‘may’’ and inserting ‘‘shall’’; 

(2) by striking ‘‘family or group day care’’ the first place 

it appears; and 

(3) by inserting ‘‘or sponsored day care centers’’ before 

‘‘participating’’. 

SEC. 332. STATE LIABILITY FOR PAYMENTS TO AGGRIEVED CHILD 

CARE INSTITUTIONS. 

Section 17(e) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1766(e)) is amended— 

(1) in paragraph (3), by striking ‘‘(3) If a State’’ and 

inserting the following: 

‘‘(5) SECRETARIAL HEARING.—If a State’’; and 

(2) by striking ‘‘(e) Except as provided’’ and all that follows 

through ‘‘(2) A State’’ and inserting the following: 

‘‘(e) HEARINGS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (4), 

each State agency shall provide, in accordance with regulations 

promulgated by the Secretary, an opportunity for a fair hearing 

and a prompt determination to any institution aggrieved by 

any action of the State agency that affects— 

‘‘(A) the participation of the institution in the program 

authorized by this section; or 

‘‘(B) the claim of the institution for reimbursement 

under this section. 

Regulations. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3251 

‘‘(2) REIMBURSEMENT.—In accordance with paragraph (3), 

a State agency that fails to meet timeframes for providing 

an opportunity for a fair hearing and a prompt determination 

to any institution under paragraph (1) in accordance with regulations promulgated by the Secretary, shall pay, from nonFederal sources, all valid claims for reimbursement to the 

institution and the facilities of the institution during the period 

beginning on the day after the end of any regulatory deadline 

for providing the opportunity and making the determination 

and ending on the date on which a hearing determination 

is made. 

‘‘(3) NOTICE TO STATE AGENCY.—The Secretary shall provide 

written notice to a State agency at least 30 days prior to 

imposing any liability for reimbursement under paragraph (2). 

‘‘(4) FEDERAL AUDIT DETERMINATION.—A State’’. 

SEC. 333. TRANSMISSION OF INCOME INFORMATION BY SPONSORED 

FAMILY OR GROUP DAY CARE HOMES. 

Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(III)) is amended by 

adding at the end the following: 

‘‘(dd) TRANSMISSION OF INCOME INFORMATION BY SPONSORED FAMILY OR GROUP DAY

CARE HOMES.—If a family or group day care 

home elects to be provided reimbursement factors described in subclause (II), the family or 

group day care home may assist in the transmission of necessary household income 

information to the family or group day care 

home sponsoring organization in accordance 

with the policy described in item (ee). 

‘‘(ee) POLICY.—The Secretary shall develop 

a policy under which a sponsored family or 

group day care home described in item (dd) 

may, under terms and conditions specified by 

the Secretary and with the written consent 

of the parents or guardians of a child in a 

family or group day care home participating 

in the program, assist in the transmission of 

the income information of the family to the 

family or group day care home sponsoring 

organization.’’. 

SEC. 334. SIMPLIFYING AND ENHANCING ADMINISTRATIVE PAYMENTS 

TO SPONSORING ORGANIZATIONS. 

Section 17(f)(3) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1766(f)(3)) is amended by striking subparagraph 

(B) and inserting the following: 

‘‘(B) ADMINISTRATIVE FUNDS.— 

‘‘(i) IN GENERAL.—In addition to reimbursement 

factors described in subparagraph (A), a family or 

group day care home sponsoring organization shall 

receive reimbursement for the administrative expenses 

of the sponsoring organization in an amount that is 

not less than the product obtained each month by 

multiplying— 

Deadline. 

Regulations. 

Time period. 


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124 STAT. 3252 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(I) the number of family and group day care 

homes of the sponsoring organization submitting 

a claim for reimbursement during the month; by 

‘‘(II) the appropriate administrative rate determined by the Secretary. 

‘‘(ii) ANNUAL ADJUSTMENT.—The administrative 

reimbursement levels specified in clause (i) shall be 

adjusted July 1 of each year to reflect changes in 

the Consumer Price Index for All Urban Consumers 

published by the Bureau of Labor Statistics of the 

Department of Labor for the most recent 12-month 

period for which such data are available. 

‘‘(iii) CARRYOVER FUNDS.—The Secretary shall 

develop procedures under which not more than 10 percent of the amount made available to sponsoring 

organizations under this section for administrative 

expenses for a fiscal year may remain available for 

obligation or expenditure in the succeeding fiscal 

year.’’. 

SEC. 335. CHILD AND ADULT CARE FOOD PROGRAM AUDIT FUNDING. 

Section 17(i) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1766(i)) is amended by striking paragraph (2) and 

inserting the following: 

‘‘(2) FUNDING.— ‘‘(A) IN GENERAL.—The Secretary shall make available 

for each fiscal year to each State agency administering 

the child and adult care food program, for the purpose 

of conducting audits of participating institutions, an 

amount of up to 1.5 percent of the funds used by each 

State in the program under this section, during the second 

preceding fiscal year. 

‘‘(B) ADDITIONAL FUNDING.— ‘‘(i) IN GENERAL.—Subject to clause (ii), for fiscal 

year 2016 and each fiscal year thereafter, the Secretary 

may increase the amount of funds made available to 

any State agency under subparagraph (A), if the State 

agency demonstrates that the State agency can effectively use the funds to improve program management 

under criteria established by the Secretary. 

‘‘(ii) LIMITATION.—The total amount of funds made 

available to any State agency under this paragraph 

shall not exceed 2 percent of the funds used by each 

State agency in the program under this section, during 

the second preceding fiscal year.’’. 

SEC. 336. REDUCING PAPERWORK AND IMPROVING PROGRAM 

ADMINISTRATION. 

(a) DEFINITION OF PROGRAM.—In this section, the term ‘‘program’’ means the child and adult care food program established 

under section 17 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1766). 

(b) ESTABLISHMENT.—The Secretary, in conjunction with States 

and participating institutions, shall continue to examine the feasibility of reducing unnecessary or duplicative paperwork resulting 

from regulations and recordkeeping requirements for State agencies, 

institutions, family and group day care homes, and sponsored centers participating in the program. 

42 USC 1766 

note. 

Procedures. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3253 

(c) DUTIES.—At a minimum, the examination shall include— 

(1) review and evaluation of the recommendations, guidance, and regulatory priorities developed and issued to comply 

with section 119(i) of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1766 note; Public Law 108–265); 

and 

(2) examination of additional paperwork and administrative 

requirements that have been established since February 23, 

2007, that could be reduced or simplified. 

(d) ADDITIONAL DUTIES.—The Secretary, in conjunction with 

States and institutions participating in the program, may also 

examine any aspect of administration of the program. 

(e) REPORT.—Not later than 4 years after the date of enactment 

of this Act, the Secretary shall submit to Congress a report that 

describes the actions that have been taken to carry out this section, 

including— 

(1) actions taken to address administrative and paperwork 

burdens identified as a result of compliance with section 119(i) 

of the Child Nutrition and WIC Reauthorization Act of 2004 

(42 U.S.C. 1766 note; Public Law 108–265); 

(2) administrative and paperwork burdens identified as 

a result of compliance with section 119(i) of that Act for which 

no regulatory action or policy guidance has been taken; 

(3) additional steps that the Secretary is taking or plans 

to take to address any administrative and paperwork burdens 

identified under subsection (c)(2) and paragraph (2), including— 

(A) new or updated regulations, policy, guidance, or 

technical assistance; and 

(B) a timeframe for the completion of those steps; 

and 

(4) recommendations to Congress for modifications to 

existing statutory authorities needed to address identified 

administrative and paperwork burdens. 

SEC. 337. STUDY RELATING TO THE CHILD AND ADULT CARE FOOD 

PROGRAM. 

(a) STUDY.—The Secretary, acting through the Administrator 

of the Food and Nutrition Service, shall carry out a study of States 

participating in an afterschool supper program under the child 

and adult care food program established under section 17(r) of 

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

1766(r)). 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall submit to Congress, and make 

available on the website of the Food and Nutrition Service, a 

report that describes— 

(1) best practices of States in soliciting sponsors for an 

afterschool supper program described in subsection (a); and 

(2) any Federal or State laws or requirements that may 

be a barrier to participation in the program. 


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124 STAT. 3254 PUBLIC LAW 111–296—DEC. 13, 2010 

Subtitle D—Special Supplemental Nutrition Program for Women, Infants, and 

Children 

SEC. 351. SHARING OF MATERIALS WITH OTHER PROGRAMS. 

Section 17(e)(3) of the Child Nutrition Act (42 U.S.C. 1786(e)(3)) 

is amended by striking subparagraph (B) and inserting the following: 

‘‘(B) SHARING OF MATERIALS WITH OTHER PROGRAMS.— 

‘‘(i) COMMODITY SUPPLEMENTAL FOOD PROGRAM.— 

The Secretary may provide, in bulk quantity, nutrition 

education materials (including materials promoting 

breastfeeding) developed with funds made available 

for the program authorized under this section to State 

agencies administering the commodity supplemental 

food program established under section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 

612c note; Public Law 93–86) at no cost to that program. 

‘‘(ii) CHILD AND ADULT CARE FOOD PROGRAM.—A 

State agency may allow the local agencies or clinics 

under the State agency to share nutrition educational 

materials with institutions participating in the child 

and adult care food program established under section 

17 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1766) at no cost to that program, if 

a written materials sharing agreement exists between 

the relevant agencies.’’. 

SEC. 352. WIC PROGRAM MANAGEMENT. 

(a) WIC EVALUATION FUNDS.—Section 17(g)(5) of the Child 

Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)) is amended by striking 

‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’. 

(b) WIC REBATE PAYMENTS.—Section 17(h)(8) of the Child 

Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)) is amended by adding 

at the end the following: 

‘‘(K) REPORTING.—Effective beginning October 1, 2011, 

each State agency shall report rebate payments received 

from manufacturers in the month in which the payments 

are received, rather than in the month in which the payments were earned.’’. 

(c) COST CONTAINMENT MEASURE.—Section 17(h) of the Child 

Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended— 

(1) in paragraph (8)(A)(iv)(III), by striking ‘‘Any’’ and 

inserting ‘‘Except as provided in paragraph (9)(B)(i)(II), any’’; 

and 

(2) by striking paragraph (9) and inserting the following: 

‘‘(9) COST CONTAINMENT MEASURE.— ‘‘(A) DEFINITION OF COST CONTAINMENT MEASURE.—In 

this subsection, the term ‘cost containment measure’ means 

a competitive bidding, rebate, direct distribution, or home 

delivery system implemented by a State agency as 

described in the approved State plan of operation and 

administration of the State agency. 

Effective date. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3255 

‘‘(B) SOLICITATION AND REBATE BILLING REQUIRE- MENTS.—Any State agency instituting a cost containment 

measure for any authorized food, including infant formula, 

shall— 

‘‘(i) in the bid solicitation— 

‘‘(I) identify the composition of State alliances 

for the purposes of a cost containment measure; 

and 

‘‘(II) verify that no additional States shall be 

added to the State alliance between the date of 

the bid solicitation and the end of the contract; 

‘‘(ii) have a system to ensure that rebate invoices 

under competitive bidding provide a reasonable estimate or an actual count of the number of units sold 

to participants in the program under this section; 

‘‘(iii) open and read aloud all bids at a public 

proceeding on the day on which the bids are due; 

and 

‘‘(iv) unless otherwise exempted by the Secretary, 

provide a minimum of 30 days between the publication 

of the solicitation and the date on which the bids 

are due. 

‘‘(C) STATE ALLIANCES FOR AUTHORIZED FOODS OTHER

THAN INFANT FORMULA.—Program requirements relating 

to the size of State alliances under paragraph (8)(A)(iv) 

shall apply to cost containment measures established for 

any authorized food under this section.’’. 

(d) ELECTRONIC BENEFIT TRANSFER.—Section 17(h) of the Child 

Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by striking 

paragraph (12) and inserting the following: 

‘‘(12) ELECTRONIC BENEFIT TRANSFER.— 

‘‘(A) DEFINITIONS.—In this paragraph: 

‘‘(i) ELECTRONIC BENEFIT TRANSFER.—The term 

‘electronic benefit transfer’ means a food delivery 

system that provides benefits using a card or other 

access device approved by the Secretary that permits 

electronic access to program benefits. 

‘‘(ii) PROGRAM.—The term ‘program’ means the special supplemental nutrition program established by 

this section. 

‘‘(B) REQUIREMENTS.— 

‘‘(i) IN GENERAL.—Not later than October 1, 2020, 

each State agency shall be required to implement electronic benefit transfer systems throughout the State, 

unless the Secretary grants an exemption under 

subparagraph (C) for a State agency that is facing 

unusual barriers to implement an electronic benefit 

transfer system. 

‘‘(ii) RESPONSIBILITY.—The State agency shall be 

responsible for the coordination and management of 

the electronic benefit transfer system of the agency. 

‘‘(C) EXEMPTIONS.— 

‘‘(i) IN GENERAL.—To be eligible for an exemption 

from the statewide implementation requirements of 

subparagraph (B)(i), a State agency shall demonstrate 

to the satisfaction of the Secretary 1 or more of the 

following: 

Deadline. 

Applicability. 


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124 STAT. 3256 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(I) There are unusual technological barriers 

to implementation. 

‘‘(II) Operational costs are not affordable 

within the nutrition services and administration 

grant of the State agency. 

‘‘(III) It is in the best interest of the program 

to grant the exemption. 

‘‘(ii) SPECIFIC DATE.—A State agency requesting 

an exemption under clause (i) shall specify a date 

by which the State agency anticipates statewide 

implementation described in subparagraph (B)(i). 

‘‘(D) REPORTING.— 

‘‘(i) IN GENERAL.—Each State agency shall submit 

to the Secretary electronic benefit transfer project 

status reports to demonstrate the progress of the State 

toward statewide implementation. 

‘‘(ii) CONSULTATION.—If a State agency plans to 

incorporate additional programs in the electronic benefit transfer system of the State, the State agency 

shall consult with the State agency officials responsible 

for administering the programs prior to submitting 

the planning documents to the Secretary for approval. 

‘‘(iii) REQUIREMENTS.—At a minimum, a status 

report submitted under clause (i) shall contain— 

‘‘(I) an annual outline of the electronic benefit 

transfer implementation goals and objectives of 

the State; 

‘‘(II) appropriate updates in accordance with 

approval requirements for active electronic benefit 

transfer State agencies; and 

‘‘(III) such other information as the Secretary 

may require. 

‘‘(E) IMPOSITION OF COSTS ON VENDORS.— 

‘‘(i) COST PROHIBITION.—Except as otherwise provided in this paragraph, the Secretary may not impose, 

or allow a State agency to impose, the costs of any 

equipment or system required for electronic benefit 

transfers on any authorized vendor in order to transact 

electronic benefit transfers if the vendor equipment 

or system is used solely to support the program. 

‘‘(ii) COST-SHARING.—The Secretary shall establish 

criteria for cost-sharing by State agencies and vendors 

of costs associated with any equipment or system that 

is not solely dedicated to transacting electronic benefit 

transfers for the program. 

‘‘(iii) FEES.— 

‘‘(I) IN GENERAL.—A vendor that elects to 

accept electronic benefit transfers using multifunction equipment shall pay commercial transaction processing costs and fees imposed by a thirdparty processor that the vendor elects to use to 

connect to the electronic benefit transfer system 

of the State. 

‘‘(II) INTERCHANGE FEES.—No interchange fees 

shall apply to electronic benefit transfer transactions under this paragraph. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3257 

‘‘(iv) STATEWIDE OPERATIONS.—After completion of 

statewide expansion of a system for transaction of electronic benefit transfers— 

‘‘(I) a State agency may not be required to 

incur ongoing maintenance costs for vendors using 

multifunction systems and equipment to support 

electronic benefit transfers; and 

‘‘(II) any retail store in the State that applies 

for authorization to become a program vendor shall 

be required to demonstrate the capability to accept 

program benefits electronically prior to authorization, unless the State agency determines that the 

vendor is necessary for participant access. 

‘‘(F) MINIMUM LANE COVERAGE.— 

‘‘(i) IN GENERAL.—The Secretary shall establish 

minimum lane coverage guidelines for vendor equipment and systems used to support electronic benefit 

transfers. 

‘‘(ii) PROVISION OF EQUIPMENT.—If a vendor does 

not elect to accept electronic benefit transfers using 

its own multifunction equipment, the State agency 

shall provide such equipment as is necessary to solely 

support the program to meet the established minimum 

lane coverage guidelines. 

‘‘(G) TECHNICAL STANDARDS.—The Secretary shall— 

‘‘(i) establish technical standards and operating 

rules for electronic benefit transfer systems; and 

‘‘(ii) require each State agency, contractor, and 

authorized vendor participating in the program to demonstrate compliance with the technical standards and 

operating rules.’’. 

(e) UNIVERSAL PRODUCT CODES DATABASE.—Section 17(h) of 

the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended 

by striking paragraph (13) and inserting the following: 

‘‘(13) UNIVERSAL PRODUCT CODES DATABASE.— 

‘‘(A) IN GENERAL.—Not later than 2 years after the 

date of enactment of the Healthy, Hunger-Free Kids Act 

of 2010, the Secretary shall establish a national universal 

product code database to be used by all State agencies 

in carrying out the requirements of paragraph (12). 

‘‘(B) FUNDING.— 

‘‘(i) IN GENERAL.—On October 1, 2010, and on each 

October 1 thereafter, out of any funds in the Treasury 

not otherwise appropriated, the Secretary of the 

Treasury shall transfer to the Secretary to carry out 

this paragraph $1,000,000, to remain available until 

expended. 

‘‘(ii) RECEIPT AND ACCEPTANCE.—The Secretary 

shall be entitled to receive, shall accept, and shall 

use to carry out this paragraph the funds transferred 

under clause (i), without further appropriation. 

‘‘(iii) USE OF FUNDS.—The Secretary shall use the 

funds provided under clause (i) for development, 

hosting, hardware and software configuration, and support of the database required under subparagraph 

(A).’’. 

Effective dates. 

Deadline. 

Guidelines. 


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124 STAT. 3258 PUBLIC LAW 111–296—DEC. 13, 2010 

(f) TEMPORARY SPENDING AUTHORITY.—Section 17(i) of the 

Child Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended by 

adding at the end the following: 

‘‘(8) TEMPORARY SPENDING AUTHORITY.—During each of 

fiscal years 2012 and 2013, the Secretary may authorize a 

State agency to expend more than the amount otherwise authorized under paragraph (3)(C) for expenses incurred under this 

section for supplemental foods during the preceding fiscal year, 

if the Secretary determines that— 

‘‘(A) there has been a significant reduction in reported 

infant formula cost containment savings for the preceding 

fiscal year due to the implementation of subsection 

(h)(8)(K); and 

‘‘(B) the reduction would affect the ability of the State 

agency to serve all eligible participants.’’. 

Subtitle E—Miscellaneous 

SEC. 361. FULL USE OF FEDERAL FUNDS. 

Section 12 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1760) is amended by striking subsection (b) and 

inserting the following: 

‘‘(b) AGREEMENTS.— 

‘‘(1) IN GENERAL.—The Secretary shall incorporate, in the 

agreement of the Secretary with the State agencies administering programs authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the express requirements with respect to the operation of the programs to the 

extent applicable and such other provisions as in the opinion 

of the Secretary are reasonably necessary or appropriate to 

effectuate the purposes of this Act and the Child Nutrition 

Act of 1966 (42 U.S.C. 1771 et seq.). 

‘‘(2) EXPECTATIONS FOR USE OF FUNDS.—Agreements 

described in paragraph (1) shall include a provision that— 

‘‘(A) supports full use of Federal funds provided to 

State agencies for the administration of programs authorized under this Act or the Child Nutrition Act of 1966 

(42 U.S.C. 1771 et seq.); and 

‘‘(B) excludes the Federal funds from State budget 

restrictions or limitations including, at a minimum— 

‘‘(i) hiring freezes; 

‘‘(ii) work furloughs; and 

‘‘(iii) travel restrictions.’’. 

SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS. 

Section 12 of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1760) (as amended by section 206) is amended 

by adding at the end the following: 

‘‘(r) DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.— 

Any school, institution, service institution, facility, or individual 

that has been terminated from any program authorized under this 

Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 

and is on a list of disqualified institutions and individuals under 

section 13 or section 17(d)(5)(E) of this Act may not be approved 

to participate in or administer any program authorized under this 

Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).’’. 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3259 

TITLE IV—MISCELLANEOUS 

Subtitle A—Reauthorization of Expiring 

Provisions 

PART I—RICHARD B. RUSSELL NATIONAL 

SCHOOL LUNCH ACT 

SEC. 401. COMMODITY SUPPORT. 

Section 6(e)(1)(B) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2020’’. 

SEC. 402. FOOD SAFETY AUDITS AND REPORTS BY STATES. 

Section 9(h) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1758(h)) is amended— 

(1) in paragraph (3), by striking ‘‘2006 through 2010’’ and 

inserting ‘‘2011 through 2015’’; and 

(2) in paragraph (4), by striking ‘‘2006 through 2010’’ and 

inserting ‘‘2011 through 2015’’. 

SEC. 403. PROCUREMENT TRAINING. 

Section 12(m)(4) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1760(m)(4)) is amended by striking ‘‘2005 

through 2009’’ and inserting ‘‘2010 through 2015’’. 

SEC. 404. AUTHORIZATION OF THE SUMMER FOOD SERVICE PROGRAM 

FOR CHILDREN. 

Subsection (r) of section 13 of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1761) (as redesignated by section 

322(1)) is amended by striking ‘‘September 30, 2009’’ and inserting 

‘‘September 30, 2015’’. 

SEC. 405. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES. 

Subsection (i)(5) of section 18 of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1769) (as redesignated by section 

243(1)) is amended by striking ‘‘2005 through 2010’’ and inserting 

‘‘2011 through 2015’’. 

SEC. 406. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE 

MANAGEMENT INSTITUTE. 

Section 21(e) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769b–1(e)) is amended— 

(1) by striking ‘‘(e) AUTHORIZATION OF APPROPRIATIONS’’ 

and all that follows through the end of paragraph (2)(A) and 

inserting the following: 

‘‘(e) FOOD SERVICE MANAGEMENT INSTITUTE.— 

‘‘(1) FUNDING.— 

‘‘(A) IN GENERAL.—In addition to any amounts otherwise made available for fiscal year 2011, on October 1, 

2010, and each October 1 thereafter, out of any funds 

in the Treasury not otherwise appropriated, the Secretary 

of the Treasury shall transfer to the Secretary to carry 

out subsection (a)(2) $5,000,000, to remain available until 

expended. 


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124 STAT. 3260 PUBLIC LAW 111–296—DEC. 13, 2010 

‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 

be entitled to receive, shall accept, and shall use to carry 

out subsection (a)(2) the funds transferred under subparagraph (A), without further appropriation.’’; 

(2) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and indenting appropriately; 

(3) in paragraph (2) (as so redesignated), by striking 

‘‘subparagraph (A)’’ each place it appears and inserting ‘‘paragraph (1)’’; and 

(4) in paragraph (3) (as so redesignated), by striking ‘‘subparagraphs (A) and (B)’’ and inserting ‘‘paragraphs (1) and 

(2)’’. 

SEC. 407. FEDERAL ADMINISTRATIVE SUPPORT. 

Section 21(g)(1)(A)) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1769b–1(g)(1)(A)) is amended— 

(1) in clause (i), by striking ‘‘and’’ at the end; 

(2) in clause(ii), by striking the period at the end and 

inserting ‘‘; and’’ 

(3) and by adding at the end the following: 

‘‘(iii) on October 1, 2010, and every October 1 there- after, $4,000,000.’’. 

SEC. 408. COMPLIANCE AND ACCOUNTABILITY. 

Section 22(d) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769c(d)) is amended by striking ‘‘$6,000,000 for 

each of fiscal years 2004 through 2009’’ and inserting ‘‘$10,000,000 

for each of fiscal years 2011 through 2015’’. 

SEC. 409. INFORMATION CLEARINGHOUSE. 

Section 26(d) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking 

‘‘2005 through 2010’’ and inserting ‘‘2010 through 2015’’. 

PART II—CHILD NUTRITION ACT OF 1966 

SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT. 

Section 7(i)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 

1776(i)(4)) is amended by striking ‘‘2005 through 2009’’ and 

inserting ‘‘2010 through 2015’’. 

SEC. 422. STATE ADMINISTRATIVE EXPENSES. 

Section 7(j) of the Child Nutrition Act of 1966 (42 U.S.C. 

1776(j)) is amended by striking ‘‘October 1, 2009’’ and inserting 

‘‘October 1, 2015’’. 

SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 

WOMEN, INFANTS, AND CHILDREN. 

Section 17(g)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 

1786(g)(1)(A)) is amended by striking ‘‘each of fiscal years 2004 

through 2009’’ and inserting ‘‘each of fiscal years 2010 through 

2015’’. 

SEC. 424. FARMERS MARKET NUTRITION PROGRAM. 

Section 17(m)(9) of the Child Nutrition Act of 1966 (42 U.S.C. 

1786(m)(9)) is amended by striking subparagraph (A) and inserting 

the following: 

‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to carry out this subsection 


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PUBLIC LAW 111–296—DEC. 13, 2010 124 STAT. 3261 

such sums as are necessary for each of fiscal years 2010 

through 2015.’’. 

Subtitle B—Technical Amendments 

SEC. 441. TECHNICAL AMENDMENTS. 

(a) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.— 

(1) NUTRITIONAL REQUIREMENTS.—Section 9(f) of the 

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

1758(f)) is amended— 

(A) by striking ‘‘(f)’’ and all that follows through the 

end of paragraph (1) and inserting the following: 

‘‘(f) NUTRITIONAL REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Schools that are participating in the 

school lunch program or school breakfast program shall serve 

lunches and breakfasts that— 

‘‘(A) are consistent with the goals of the most recent 

Dietary Guidelines for Americans published under section 

301 of the National Nutrition Monitoring and Related 

Research Act of 1990 (7 U.S.C. 5341); and 

‘‘(B) consider the nutrient needs of children who may 

be at risk for inadequate food intake and food insecurity.’’; 

(B) by striking paragraph (2); and 

(C) by redesignating paragraphs (3) through (5) as 

paragraphs (2) through (4), respectively. 

(2) ROUNDING RULES FOR COMPUTATION OF ADJUSTMENT.— 

Section 11(a)(3)(B) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended by striking 

‘‘ROUNDING.—’’ and all that follows through ‘‘On July’’ in subclause (II) and inserting ‘‘ROUNDING.—On July’’. 

(3) INFORMATION AND ASSISTANCE CONCERNING REIMBURSEMENT OPTIONS.—Section 11 of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1759a) is amended by striking 

subsection (f). 

(4) 1995 REGULATIONS TO IMPLEMENT DIETARY GUIDE- LINES.—Section 12 of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1760) is amended by striking subsection 

(k). 

(5) SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.— (A) IN GENERAL.—Section 13 of the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1761) is amended 

by striking the section heading and all that follows through 

the end of subsection (a)(1) and inserting the following: 

‘‘SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. 

‘‘(a) IN GENERAL.— 

‘‘(1) DEFINITIONS.—In this section: 

‘‘(A) AREA IN WHICH POOR ECONOMIC CONDITIONS

EXIST.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), the term 

‘area in which poor economic conditions exist’, as the 

term relates to an area in which a program food service 

site is located, means— 

‘‘(I) the attendance area of a school in which 

at least 50 percent of the enrolled children have 

been determined eligible for free or reduced price 


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school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); 

‘‘(II) a geographic area, as defined by the Secretary based on the most recent census data available, in which at least 50 percent of the children 

residing in that area are eligible for free or reduced 

price school meals under this Act and the Child 

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); 

‘‘(III) an area— 

‘‘(aa) for which the program food service 

site documents the eligibility of enrolled children through the collection of income eligibility statements from the families of enrolled 

children or other means; and 

‘‘(bb) at least 50 percent of the children 

enrolled at the program food service site meet 

the income standards for free or reduced price 

school meals under this Act and the Child 

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); 

‘‘(IV) a geographic area, as defined by the Secretary based on information provided from a 

department of welfare or zoning commission, in 

which at least 50 percent of the children residing 

in that area are eligible for free or reduced price 

school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or 

‘‘(V) an area for which the program food service 

site demonstrates through other means approved 

by the Secretary that at least 50 percent of the 

children enrolled at the program food service site 

are eligible for free or reduced price school meals 

under this Act and the Child Nutrition Act of 

1966 (42 U.S.C. 1771 et seq.). 

‘‘(ii) DURATION OF DETERMINATION.—A determination that an area is an ‘area in which poor economic 

conditions exist’ under clause (i) shall be in effect for— 

‘‘(I) in the case of an area described in clause 

(i)(I), 5 years; 

‘‘(II) in the case of an area described in clause 

(i)(II), until more recent census data are available; 

‘‘(III) in the case of an area described in clause 

(i)(III), 1 year; and 

‘‘(IV) in the case of an area described in subclause (IV) or (V) of clause (i), a period of time 

to be determined by the Secretary, but not less 

than 1 year. 

‘‘(B) CHILDREN.—The term ‘children’ means— 

‘‘(i) individuals who are 18 years of age and under; 

and 

‘‘(ii) individuals who are older than 18 years of 

age who are— 

‘‘(I) determined by a State educational agency 

or a local public educational agency of a State, 

in accordance with regulations promulgated by the 

Secretary, to have a disability, and 

Regulations. 


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‘‘(II) participating in a public or nonprofit private school program established for individuals 

who have a disability. 

‘‘(C) PROGRAM.—The term ‘program’ means the summer 

food service program for children authorized by this section. 

‘‘(D) SERVICE INSTITUTION.—The term ‘service institution’ means a public or private nonprofit school food 

authority, local, municipal, or county government, public 

or private nonprofit higher education institution participating in the National Youth Sports Program, or residential 

public or private nonprofit summer camp, that develops 

special summer or school vacation programs providing food 

service similar to food service made available to children 

during the school year under the school lunch program 

under this Act or the school breakfast program under the 

Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). 

‘‘(E) STATE.—The term ‘State’ means— 

‘‘(i) each of the several States of the United States; 

‘‘(ii) the District of Columbia; 

‘‘(iii) the Commonwealth of Puerto Rico; 

‘‘(iv) Guam; 

‘‘(v) American Samoa; 

‘‘(vi) the Commonwealth of the Northern Mariana 

Islands; and 

‘‘(vii) the United States Virgin Islands.’’. 

(B) CONFORMING AMENDMENTS.—Section 13(a) of the 

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

1761(a)) is amended— 

(i) in paragraph (2)— 

(I) by striking ‘‘(2) To the maximum extent 

feasible,’’ and inserting the following: 

‘‘(2) PROGRAM AUTHORIZATION.— 

‘‘(A) IN GENERAL.—The Secretary may carry out a program to assist States, through grants-in-aid and other 

means, to initiate and maintain nonprofit summer food 

service programs for children in service institutions. 

‘‘(B) PREPARATION OF FOOD.— 

‘‘(i) IN GENERAL.—To the maximum extent feasible,’’; and 

(II) by striking ‘‘The Secretary shall’’ and 

inserting the following: 

‘‘(ii) INFORMATION AND TECHNICAL ASSISTANCE.— 

The Secretary shall’’; 

(ii) in paragraph (3)— 

(I) by striking ‘‘(3) Eligible service institutions’’ 

and inserting the following: 

‘‘(3) ELIGIBLE SERVICE INSTITUTIONS.—Eligible service 

institutions’’; and 

(II) by indenting subparagraphs (A) through 

(D) appropriately; 

(iii) in paragraph (4)— 

(I) by redesignating subparagraphs (A) 

through (D) as clauses (i) through (iv), respectively, 

and indenting appropriately; 

(II) by striking ‘‘(4) The following’’ and 

inserting the following: 

‘‘(4) PRIORITY.— 


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‘‘(A) IN GENERAL.—The following’’; and 

(III) by striking ‘‘The Secretary and the States’’ 

and inserting the following: 

‘‘(B) RURAL AREAS.—The Secretary and the States’’; 

(iv) by striking ‘‘(5) Camps’’ and inserting the following: 

‘‘(5) CAMPS.—Camps’’; and 

(v) by striking ‘‘(6) Service institutions’’ and 

inserting the following: 

‘‘(6) GOVERNMENT INSTITUTIONS.—Service institutions’’. 

(6) REPORT ON IMPACT OF PROCEDURES TO SECURE STATE

SCHOOL INPUT ON COMMODITY SELECTION.—Section 14(d) of the 

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

1762a(d)) is amended by striking the matter that follows paragraph (5). 

(7) RURAL AREA DAY CARE HOME PILOT PROGRAM.—Section 

17 of the Richard B. Russell National School Lunch Act (42 

U.S.C. 1766) is amended by striking subsection (p). 

(8) CHILD AND ADULT CARE FOOD PROGRAM TRAINING AND

TECHNICAL ASSISTANCE.—Section 17(q) of the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1766(q)) is amended 

by striking paragraph (3). 

(9) PILOT PROJECT FOR PRIVATE NONPROFIT STATE AGENCIES.—Section 18 of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1769) is amended by striking subsection 

(a). 

(10) MEAL COUNTING AND APPLICATION PILOT PROGRAMS.— 

Section 18(c) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769(c)) is amended— 

(A) by striking paragraphs (1) and (2); 

(B) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; and 

(C) in paragraph (1) (as so redesignated), by striking 

‘‘In addition to the pilot projects described in this subsection, the Secretary may conduct other’’ and inserting 

‘‘The Secretary may conduct’’. 

(11) MILK FORTIFICATION PILOT.—Section 18 of the Richard 

B. Russell National School Lunch Act (42 U.S.C. 1769) is 

amended by striking subsection (d). 

(12) FREE BREAKFAST PILOT PROJECT.—Section 18 of the 

Richard B. Russell National School Lunch Act (42 U.S.C. 1769) 

is amended by striking subsection (e). 

(13) SUMMER FOOD SERVICE RESIDENTIAL CAMP ELIGIBILITY.—Section 18 of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1769) is amended by striking subsection 

(f). 

(14) ACCOMMODATION OF THE SPECIAL DIETARY NEEDS OF

INDIVIDUALS WITH DISABILITIES.—Section 27 of the Richard B. 

Russell National School Lunch Act (42 U.S.C. 1769h) is 

repealed. 

(b) CHILD NUTRITION ACT OF 1966.— 

(1) STATE ADMINISTRATIVE EXPENSES MINIMUM LEVELS FOR

2005 THROUGH 2007.—Section 7(a)(1) of the Child Nutrition Act 

of 1966 (42 U.S.C. 1776(a)(1)) is amended— 

(A) in subparagraph (A), by striking ‘‘Except as provided in subparagraph (B), each fiscal year’’ and inserting 

‘‘Each fiscal year’’; 

Repeal. 


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(B) by striking subparagraph (B); and 

(C) by redesignating subparagraph (C) as subparagraph (B). 

(2) FRUIT AND VEGETABLE GRANTS UNDER THE SPECIAL

SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND

CHILDREN.—Section 17(f)(11) of the Child Nutrition Act of 1966 

(42 U.S.C. 1786(f)(11)) is amended— 

(A) by striking subparagraph (C); and 

(B) by redesignating subparagraph (D) as subparagraph (C). 

SEC. 442. USE OF UNSPENT FUTURE FUNDS FROM THE AMERICAN 

RECOVERY AND REINVESTMENT ACT OF 2009. 

Section 101(a) of division A of the American Recovery and 

Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 120) is 

amended— 

(1) in paragraph (1), by inserting before the period at 

the end ‘‘, if the value of the benefits and block grants would 

be greater under that calculation than in the absence of this 

subsection’’; and 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) TERMINATION.—The authority provided by this subsection shall terminate after October 31, 2013.’’. 

SEC. 443. EQUIPMENT ASSISTANCE TECHNICAL CORRECTION. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

school food authorities that received a grant for equipment assistance under the grant program carried out under the heading ‘‘FOOD 

AND NUTRITION SERVICE CHILD NUTRITION PROGRAMS’’ 

in title I of division A of the American Recovery and Reinvestment 

Act of 2009 (Public Law 111–5; 123 Stat. 119) shall be eligible 

to receive a grant under section 749(j) of the Agriculture, Rural 

Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2134). 

(b) USE OF GRANT.—A school food authority receiving a grant 

for equipment assistance described in subsection (a) may use the 

grant only to make equipment available to schools that did not 

previously receive equipment from a grant under the American 

Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 

Stat. 115). 

SEC. 444. BUDGETARY EFFECTS. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 

Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

Grants. 


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LEGISLATIVE HISTORY—S. 3307: 

SENATE REPORTS: No. 111–178 (Comm. on Agriculture, Nutrition, and Forestry). 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

Aug. 5, considered and passed Senate. 

Dec. 1, 2, considered and passed House. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010): 

Dec. 13, Presidential remarks. 

Æ 

SEC. 445. EFFECTIVE DATE. 

Except as otherwise specifically provided in this Act or any 

of the amendments made by this Act, this Act and the amendments 

made by this Act take effect on October 1, 2010. 

Approved December 13, 2010. 

42 USC 1751 

note. 


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