I 

111TH CONGRESS 

2D SESSION H. R. 5504 

To reauthorize child nutrition programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 10, 2010 

Mr. GEORGE MILLER of California (for himself, Mrs. MCCARTHY of New 

York, Mr. PLATTS, Mr. POLIS of Colorado, Mr. COURTNEY, Ms. CHU, 

Mr. LOEBSACK, Mr. MCGOVERN, Mr. SESTAK, Ms. TITUS, Mr. HOLT, 

Mr. TONKO, Ms. FUDGE, Mr. WU, Mr. HINOJOSA, Mrs. CAPPS, Mr. 

PIERLUISI, Mr. SABLAN, Mr. KILDEE, Mrs. DAVIS of California, Mr. 

PAYNE, Mr. GRIJALVA, Mr. KUCINICH, Mr. ANDREWS, Mr. HARE, Ms. 

CLARKE, Ms. HIRONO, Mr. BISHOP of New York, Ms. SHEA-PORTER, 

Ms. WOOLSEY, and Mr. SCOTT of Virginia) introduced the following bill; 

which was referred to the Committee on Education and Labor, and in 

addition to the Committee on the Budget, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reauthorize child nutrition programs, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Improving Nutrition for America’s Children Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—A PATH TO END CHILDHOOD HUNGER 

Subtitle A—National School Lunch Program 

Sec. 101. Categorical eligibility of foster children. 

Sec. 102. Improving direct certification. 

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

Sec. 104. Eliminating individual applications through community eligibility. 

Sec. 105. Year-round school based meal service. 

Sec. 106. School Breakfast Expansion Grants. 

Subtitle B—Summer Food Service Program 

Sec. 111. Alignment of eligibility rules for public and private sponsors. 

Sec. 112. Outreach to eligible families. 

Sec. 113. Summer Food Service Program year-round option. 

Sec. 114. Rural Access to Summer Food Service Program. 

Subtitle C—Child and Adult Care Food Program 

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

food program. 

Sec. 122. Child and Adult Care Food Program Reimbursement. 

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

and Children 

Sec. 131. Certification periods. 

Subtitle E—Miscellaneous 

Sec. 141. Childhood Hunger Research. 

Sec. 142. State Childhood Hunger Challenge Grants. 

Sec. 143. Policies and Practices to Prevent Overt Identification. 

Sec. 144. Study relating to the child and adult care food program. 

Sec. 145. Weekends and holidays without hunger. 

TITLE II—IMPROVING NUTRITION QUALITY 

Subtitle A—School Nutrition Programs 

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

Sec. 202. Nutrition requirements for fluid milk. 

Sec. 203. Water. 

Sec. 204. Nutrition standards for all foods sold in school. 

Sec. 205. Local school wellness policy implementation. 

Sec. 206. Information on the school wellness environment. 

Sec. 207. State Nutrition and wellness promotion. 

Sec. 208. Access to local foods: farm to school. 


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Subtitle B—Child and Adult Care Food Program 

Sec. 221. Nutrition and wellness goals for meals served through the child and 

adult care food program. 

Sec. 222. Study on nutrition and wellness quality of child care settings. 

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

Children 

Sec. 231. Support for breastfeeding in the WIC program. 

Sec. 232. Review of available supplemental foods. 

Subtitle D—Miscellaneous 

Sec. 242. Procurement technical assistance and guidance. 

Sec. 243. Research on strategies to promote healthy eating. 

Sec. 244. Food Marketing Study. 

Sec. 245. National School Lunch Program Equipment Assistance Grants. 

Sec. 246. Green cafeterias pilot program. 

Sec. 247. Partnerships for Wellness Grants. 

TITLE III—IMPROVING THE MANAGEMENT AND INTEGRITY OF 

CHILD NUTRITION PROGRAMS 

Subtitle A—National School Lunch Program 

Sec. 301. Indirect costs. 

Sec. 302. Revenue from nonprogram foods sold in schools. 

Sec. 303. Reporting and notification of school performance. 

Sec. 304. Compliance and accountability study. 

Sec. 305. Applicability of food safety program on entire school campus. 

Sec. 306. Ensuring safety of school meals. 

Sec. 307. Information on commodity food suppliers. 

Sec. 308. Privacy protection. 

Sec. 309. Fines for violating program requirements. 

Sec. 310. Independent review of applications. 

Sec. 311. Program evaluation. 

Subtitle B—Summer Food Service Program 

Sec. 321. Summer food service program permanent operating agreements. 

Sec. 322. Summer food service program disqualification. 

Subtitle C—Child and Adult Care Food Program 

Sec. 331. Renewal of application materials and permanent operating agreements. 

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

Sec. 333. Application submission by sponsored family or group day care homes. 

Sec. 334. Administrative payments to sponsoring organizations. 

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

Sec. 336. Reducing paperwork and improving program administration. 

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

and Children 

Sec. 351. Sharing of materials with other programs. 

Sec. 352. WIC program management. 


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Subtitle E—Miscellaneous 

Sec. 361. Full use of Federal funds. 

Sec. 362. Disqualified schools, institutions, and individuals. 

TITLE IV—MISCELLANEOUS 

Subtitle A—Reauthorization of Expiring Provisions 

PART 1—RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 401. Commodity support. 

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

Sec. 403. Authorization of the summer food service program for children. 

Sec. 404. Year-round services for eligible entities. 

Sec. 405. Training, technical assistance, and food service management institute. 

Sec. 406. Federal administrative support. 

Sec. 407. Compliance and accountability. 

Sec. 408. Information clearinghouse. 

PART 2—CHILD NUTRITION ACT OF 1966 

Sec. 421. Technology infrastructure improvement. 

Sec. 422. State administrative expenses. 

Sec. 423. Special supplemental nutrition program for women, infants, and children. 

Sec. 424. Farmers market nutrition program. 

Subtitle B—Technical Amendments 

Sec. 441. Technical amendments. 

Sec. 442. Equipment assistance technical correction. 

Sec. 443. Budgetary effects. 

Sec. 444. Effective date. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Agriculture. 


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1 TITLE I—A PATH TO END 

2 CHILDHOOD HUNGER 

3 Subtitle A—National School Lunch 

4 Program 

5 SEC. 101. CATEGORICAL ELIGIBILITY OF FOSTER CHIL6 DREN. 

7 (a) DISCRETIONARY CERTIFICATION.—Section 

8 9(b)(5) of the Richard B. Russell National School Lunch 

9 Act (42 U.S.C. 1758(b)(5)) is amended— 

10 (1) in subparagraph (C), by striking ‘‘or’’ at 

11 the end; 

12 (2) in subparagraph (D), by striking the period 

13 at the end and inserting ‘‘; or’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(E)(i) a foster child whose care and 

16 placement is the responsibility of an agency 

17 that administers a State plan under part B or 

18 E of title IV of the Social Security Act (42 

19 U.S.C. 621 et seq.); or 

20 ‘‘(ii) a foster child who a court has placed 

21 with a caretaker household.’’. 

22 (b) CATEGORICAL ELIGIBILITY.—Section 

23 9(b)(12)(A) of the Richard B. Russell National School 

24 Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended— 


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1 (1) in clause (iv), by adding ‘‘)’’ before the 

2 semicolon at the end; 

3 (2) in clause (v), by striking ‘‘or’’ at the end; 

4 (3) in clause (vi), by striking the period at the 

5 end and inserting ‘‘; or’’; and 

6 (4) by adding at the end the following: 

7 ‘‘(vii)(I) a foster child whose care and 

8 placement is the responsibility of an agen9 cy that administers a State plan under 

10 part B or E of title IV of the Social Secu11 rity Act (42 U.S.C. 621 et seq.); or 

12 ‘‘(II) a foster child who a court has 

13 placed with a caretaker household.’’. 

14 (c) DOCUMENTATION.—Section 9(d)(2) of the Rich15 ard B. Russell National School Lunch Act (42 U.S.C. 

16 1758(d)(2)) is amended— 

17 (1) in subparagraph (D), by striking ‘‘or’’ at 

18 the end; 

19 (2) in subparagraph (E), by striking the period 

20 at the end and inserting ‘‘; or’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(F)(i) documentation has been provided 

23 to the appropriate local educational agency 

24 showing the status of the child as a foster child 

25 whose care and placement is the responsibility 


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1 of an agency that administers a State plan 

2 under part B or E of title IV of the Social Se3 curity Act (42 U.S.C. 621 et seq.); or 

4 ‘‘(ii) documentation has been provided to 

5 the appropriate local educational agency show6 ing the status of the child as a foster child who 

7 a court has placed with a caretaker house8 hold.’’. 

9 SEC. 102. IMPROVING DIRECT CERTIFICATION. 

10 (a) PERFORMANCE AWARDS.—Section 9(b)(4) of the 

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

12 1758(b)(4)) is amended— 

13 (1) in the paragraph heading, by striking 

14 ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL NU15 TRITION ASSISTANCE PROGRAM’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(E) PERFORMANCE AWARDS.— 

18 ‘‘(i) IN GENERAL.—Effective for each 

19 of the school years beginning July 1, 2011, 

20 July 1, 2012, and July 1, 2013, the Sec21 retary shall offer performance awards to 

22 States to encourage the States to ensure 

23 that all children eligible for direct certifi24 cation under this paragraph are certified in 

25 accordance with this paragraph. 


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1 ‘‘(ii) REQUIREMENTS.—For each 

2 school year described in clause (i), the Sec3 retary shall— 

4 ‘‘(I) consider State data from the 

5 prior school year, including estimates 

6 contained in the report required under 

7 section 4301 of the Food, Conserva8 tion, and Energy Act of 2008 (42 

9 U.S.C. 1758a); and 

10 ‘‘(II) make performance awards 

11 to not more than 15 States that the 

12 Secretary determines demonstrate ei13 ther— 

14 ‘‘(aa) outstanding perform15 ance; or 

16 ‘‘(bb) substantial improve17 ment. 

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

19 receives a performance award under clause 

20 (i)— 

21 ‘‘(I) shall treat the funds as pro22 gram income to support State activi23 ties with respect to the school lunch 

24 program and school breakfast pro25 gram; and 


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1 ‘‘(II) shall allocate a portion of 

2 the funds to local educational agencies 

3 for use in carrying out the school 

4 lunch program under this Act and 

5 school breakfast program under the 

6 Child Nutrition Act of 1966 (42 

7 U.S.C. 1771 et seq.), with priority for 

8 such agencies that demonstrate the 

9 highest improvement in directly certi10 fying eligible children under this para11 graph. 

12 ‘‘(iv) FUNDING.— 

13 ‘‘(I) IN GENERAL.—On October 

14 1, 2011, and each subsequent October 

15 1 through October 1, 2013, out of any 

16 funds in the Treasury not otherwise 

17 appropriated, the Secretary of the 

18 Treasury shall transfer to the Sec19 retary— 

20 ‘‘(aa) $2,000,000 to carry 

21 out clause (ii)(II)(aa); and 

22 ‘‘(bb) $2,000,000 to carry 

23 out clause (ii)(II)(bb). 

24 ‘‘(II) RECEIPT AND ACCEPT25 ANCE.—The Secretary shall be entiVerDate Mar 15 2010 21:12 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5504.IH H5504

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1 tled to receive, shall accept, and shall 

2 use to carry out this clause the funds 

3 transferred under subclause (I), with4 out further appropriation. 

5 ‘‘(v) PAYMENTS NOT SUBJECT TO JU6 DICIAL REVIEW.—A determination by the 

7 Secretary whether, and in what amount, to 

8 make a performance award under this sub9 paragraph shall not be subject to adminis10 trative or judicial review.’’. 

11 (b) CONTINUOUS IMPROVEMENT PLANS.—Section 

12 9(b)(4) of the Richard B. Russell National School Lunch 

13 Act (42 U.S.C. 1758(b)(4)) (as amended by subsection 

14 (a)) is amended by adding at the end the following: 

15 ‘‘(F) CONTINUOUS IMPROVEMENT

16 PLANS.— 

17 ‘‘(i) DEFINITION OF REQUIRED PER18 CENTAGE.—In this subparagraph, the term 

19 required percentage means— 

20 ‘‘(I) for the school year beginning 

21 July 1, 2011, 80 percent; 

22 ‘‘(II) for the school year begin23 ning July 1, 2012, 90 percent; and 


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1 ‘‘(III) for the school year begin2 ning July 1, 2013, and each school 

3 year thereafter, 95 percent. 

4 ‘‘(ii) REQUIREMENTS.—Each school 

5 year, the Secretary shall— 

6 ‘‘(I) identify, using data from the 

7 prior school year (including estimates 

8 contained in the report required under 

9 section 4301 of the Food, Conserva10 tion, and Energy Act of 2008 (42 

11 U.S.C. 1758a)), States that directly 

12 certify less than the required percent13 age of the total number of children in 

14 the State who are eligible for direct 

15 certification under this paragraph; 

16 ‘‘(II) require the States identified 

17 under subclause (I) to implement a 

18 continuous improvement plan de19 scribed in clause (iii)(II) to fully meet 

20 the requirements of this paragraph, 

21 which shall include a plan to improve 

22 direct certification for the following 

23 school year; and 

24 ‘‘(III) assist the States identified 

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1 plement a continuous improvement 

2 plan in accordance with subclause 

3 (II). 

4 ‘‘(iii) CONTINUOUS IMPROVEMENT

5 PLANS.— 

6 ‘‘(I) IN GENERAL.—A State that 

7 is required to develop and implement 

8 a continuous improvement plan under 

9 clause (ii)(II) shall be required to sub10 mit the continuous improvement plan 

11 to the Secretary, for the approval of 

12 the Secretary. 

13 ‘‘(II) REQUIREMENTS.—At a 

14 minimum, a continuous improvement 

15 plan described in this subclause shall 

16 include— 

17 ‘‘(aa) specific measures that 

18 the State will use to identify 

19 more children who are eligible for 

20 direct certification, including im21 provements or modifications to 

22 technology, information systems, 

23 or databases; 


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1 ‘‘(bb) a timeline for the 

2 State to implement those meas3 ures; and 

4 ‘‘(cc) goals for the State to 

5 improve direct certification re6 sults to become in compliance 

7 with the required percentage 

8 under clause (i).’’. 

9 (c) WITHOUT FURTHER APPLICATION.—Section 

10 9(b)(4) of the Richard B. Russell National School Lunch 

11 Act (42 U.S.C. 1758(b)(4)) (as amended by subsection 

12 (b)) is amended by adding at the end the following: 

13 ‘‘(G) WITHOUT FURTHER APPLICATION.— 

14 ‘‘(i) IN GENERAL.—In this paragraph, 

15 the term ‘without further application’ 

16 means that no action is required by the 

17 household of the child. 

18 ‘‘(ii) CLARIFICATION.—A requirement 

19 that a household return a letter notifying 

20 the household of eligibility for direct cer21 tification or eligibility for free school meals 

22 does not meet the requirements of clause 

23 (i).’’. 


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1 SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIV2 ING MEDICAID BENEFITS. 

3 (a) IN GENERAL.—Section 9(b) of the Richard B. 

4 Russell National School Lunch Act (42 U.S.C. 1758(b)) 

5 is amended by adding at the end the following: 

6 ‘‘(15) DIRECT CERTIFICATION FOR CHILDREN

7 RECEIVING MEDICAID BENEFITS.— 

8 ‘‘(A) IMPLEMENTATION.— 

9 ‘‘(i) IN GENERAL.—For the school 

10 year beginning on July 1, 2011, and each 

11 subsequent school year, subject to para12 graph (6), the Secretary shall carry out a 

13 program under which local educational 

14 agencies in States selected pursuant to 

15 clause (ii), or electing under clause (iii), to 

16 participate in the program may directly 

17 certify eligible children under this para18 graph as eligible for free lunches under 

19 this Act and free breakfasts under the 

20 Child Nutrition Act of 1966 (42 U.S.C. 

21 1771 et seq.), without further application 

22 (as defined in paragraph (4)(G)). 

23 ‘‘(ii) SELECTED STATES.—The Sec24 retary shall select— 

25 ‘‘(I) for the school year beginning 

26 July 1, 2011, up to 2 States that may 


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1 directly certify eligible children under 

2 this paragraph; 

3 ‘‘(II) for the school year begin4 ning July 1, 2013, up to 5 States that 

5 may directly certify eligible children 

6 under this paragraph; 

7 ‘‘(III) for the school year begin8 ning July 1, 2015, up to 10 States 

9 that may directly certify eligible chil10 dren under this paragraph; 

11 ‘‘(IV) for the school year begin12 ning July 1, 2017, up to 15 States 

13 that may directly certify eligible chil14 dren under this paragraph; and 

15 ‘‘(V) for the school year begin16 ning July 1, 2018, up to 25 States 

17 that may directly certify eligible chil18 dren under this paragraph. 

19 ‘‘(iii) STATE OPTION.—For the school 

20 year beginning July 1, 2019, and each 

21 subsequent school year, any State may 

22 elect to directly certify eligible children 

23 under this paragraph. 

24 ‘‘(B) STATE SELECTION.— 


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

2 directly certify eligible children under this 

3 paragraph, a State shall submit to the Sec4 retary an application at such time, in such 

5 manner, and containing such information 

6 as the Secretary may require. 

7 ‘‘(ii) CONSIDERATIONS.—In selecting 

8 States under subparagraph (A)(ii), the 

9 Secretary may take into consideration such 

10 factors as the Secretary considers to be ap11 propriate, which may include— 

12 ‘‘(I) the rate of direct certifi13 cation in such State; 

14 ‘‘(II) the State’s share of individ15 uals who are eligible for benefits 

16 under the supplemental nutrition as17 sistance program established under 

18 the Food and Nutrition Act of 2008 

19 (7 U.S.C. 2011 et seq.) who partici20 pate in the program, as determined by 

21 the Secretary; 

22 ‘‘(III) the feasibility of matching 

23 data between local educational agen24 cies and the Medicaid program in 

25 such State; and 


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1 ‘‘(IV) the socioeconomic profile of 

2 the State or local educational agencies 

3 in such State. 

4 ‘‘(C) AGREEMENT.— 

5 ‘‘(i) IN GENERAL.—Not later than 

6 July 1 of the first school year during 

7 which a State will directly certify eligible 

8 children under this paragraph, a State 

9 shall enter into an agreement with the 

10 State agency conducting eligibility deter11 minations for the Medicaid program. 

12 ‘‘(ii) WITHOUT FURTHER APPLICA13 TION.—Subject to paragraph (6), the 

14 agreement described in clause (i) shall es15 tablish procedures under which an eligible 

16 child shall be certified for free lunches 

17 under this Act and free breakfasts under 

18 section 4 of the Child Nutrition Act of 

19 1966 (42 U.S.C. 1773), without further 

20 application (as defined in paragraph 

21 (4)(G)). 

22 ‘‘(D) ACCESS TO DATA.—For purposes of 

23 carrying out the program under this paragraph, 

24 the Secretary shall have access to income and 


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1 program participation information from public 

2 agencies administering the Medicaid program. 

3 ‘‘(E) REPORT TO CONGRESS.—Not later 

4 than October 1, 2014, the Secretary shall sub5 mit to the Committee on Education and Labor 

6 of the House of Representatives and the Com7 mittee on Agriculture, Nutrition, and Forestry 

8 of the Senate, a report that describes imple9 mentation of the direct certification option 

10 under this paragraph. 

11 ‘‘(F) DEFINITIONS.—In this paragraph: 

12 ‘‘(i) ELIGIBLE CHILD.—The term ‘eli13 gible child’ means a child— 

14 ‘‘(I)(aa) who is eligible for and 

15 receiving medical assistance under the 

16 Medicaid program; and 

17 ‘‘(bb) who is a member of a fam18 ily with an income as measured by the 

19 Medicaid program before the applica20 tion of any expense, block, or other in21 come disregard, that does not exceed 

22 133 percent of the poverty line (as de23 fined in section 673(2) of the Commu24 nity Services Block Grant Act (42 

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1 sion required by such section) applica2 ble to a family of the size used for 

3 purposes of determining eligibility for 

4 the Medicaid program; or 

5 ‘‘(II) who is a member of a 

6 household (as that term is defined in 

7 section 245.2 of title 7, Code of Fed8 eral Regulations (or successor regula9 tions) with a child described in sub10 clause (I). 

11 ‘‘(ii) MEDICAID PROGRAM.—The term 

12 ‘Medicaid program’ means the program of 

13 medical assistance established under title 

14 XIX of the Social Security Act (42 U.S.C. 

15 1396 et seq.). 

16 ‘‘(G) FUNDING.— 

17 ‘‘(i) IN GENERAL.—On October 1, 

18 2010, out of any funds in the Treasury not 

19 otherwise appropriated, the Secretary of 

20 the Treasury shall transfer to the Sec21 retary to carry out subparagraph (E) 

22 $1,000,000, to remain available until ex23 pended. 

24 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

25 The Secretary shall be entitled to receive, 


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1 shall accept, and shall use to carry out 

2 subparagraph (E) the funds transferred 

3 under clause (i), without further appro4 priation.’’. 

5 (b) DOCUMENTATION.—Section 9(d)(2) of the Rich6 ard B. Russell National School Lunch Act (42 U.S.C. 

7 1758(d)(2)) (as amended by section 101(c)) is amended— 

8 (1) in subparagraph (E), by striking ‘‘or’’ at 

9 the end; 

10 (2) in subparagraph (F)(ii), by striking the pe11 riod at the end and inserting ‘‘; or’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(G) documentation has been provided to 

14 the appropriate local educational agency show15 ing the status of the child as an eligible child 

16 (as defined in subsection (b)(15)(F)).’’. 

17 SEC. 104. ELIMINATING INDIVIDUAL APPLICATIONS 

18 THROUGH COMMUNITY ELIGIBILITY. 

19 (a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY

20 AREAS.— 

21 (1) ELIGIBILITY.—Section 11(a)(1) of the 

22 Richard B. Russell National School Lunch Act (42 

23 U.S.C. 1759a(a)(1)) is amended by adding at the 

24 end the following: 


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1 ‘‘(F) UNIVERSAL MEAL SERVICE IN HIGH

2 POVERTY AREAS.— 

3 ‘‘(i) DEFINITION OF IDENTIFIED STU4 DENTS.—For purposes of this subpara5 graph, the term ‘identified students’ means 

6 students certified as eligible for free or re7 duced price lunch under this Act based on 

8 documentation of benefit receipt or cat9 egorical eligibility as described in section 

10 245.6a(c)(2) of title 7, Code of Federal 

11 Regulations (or successor regulations). 

12 ‘‘(ii) ELECTION OF SPECIAL ASSIST13 ANCE PAYMENTS.— 

14 ‘‘(I) IN GENERAL.—A local edu15 cational agency may, for all schools in 

16 the agency or on behalf of certain 

17 schools in the agency, elect to receive 

18 special assistance payments under this 

19 subparagraph in lieu of special assist20 ance payments otherwise made avail21 able under this paragraph based on 

22 applications for free and reduced price 

23 lunches if— 

24 ‘‘(aa) during a period of 4 

25 successive school years, the local 


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1 educational agency elects to serve 

2 all children in the applicable 

3 schools free lunches and break4 fasts under the school lunch pro5 gram under this Act and the 

6 school breakfast program estab7 lished under section 4 of the 

8 Child Nutrition Act of 1966 (42 

9 U.S.C. 1773); 

10 ‘‘(bb) the local educational 

11 agency pays, from sources other 

12 than Federal funds, the costs of 

13 serving the lunches or breakfasts 

14 that are in excess of the value of 

15 assistance received under this Act 

16 and the Child Nutrition Act of 

17 1966 (42 U.S.C. 1771 et seq.); 

18 ‘‘(cc) the local educational 

19 agency is not a residential child 

20 care institution (as that term is 

21 used in section 210.2 of title 7, 

22 Code of Federal Regulations (or 

23 successor regulations)); and 

24 ‘‘(dd) during the school year 

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1 riod for which the local edu2 cational agency elects to receive 

3 special assistance payments 

4 under this subparagraph, the 

5 local educational agency or school 

6 had a percentage of enrolled stu7 dents who were identified stu8 dents that meets or exceeds the 

9 threshold described in clause 

10 (viii). 

11 ‘‘(II) ELECTION TO STOP RE12 CEIVING PAYMENTS.—A local edu13 cational agency may, for all schools in 

14 the agency or on behalf of certain 

15 schools in the agency, elect to stop re16 ceiving special assistance payments 

17 under this subparagraph for the fol18 lowing school year by notifying the 

19 State agency not later than June 30 

20 of the current school year of the in21 tention to stop receiving special assist22 ance payments under this subpara23 graph. 

24 ‘‘(III) OTHER FEDERAL PRO25 GRAMS.—A local educational agency 


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1 that elects to receive special payments 

2 under this subparagraph for all 

3 schools in the agency or on behalf of 

4 certain schools in the agency, such 

5 agency may use the data described in 

6 clause (iv) or (v), as applicable, to 

7 make eligibility or allocation deter8 minations for the purposes of other 

9 Federal programs that utilize free and 

10 reduced price lunch data for eligibility 

11 determinations, including the program 

12 providing discounts to schools under 

13 section 254(h) of the Communications 

14 Act of 1934. 

15 ‘‘(iii) FIRST YEAR OF OPTION.— 

16 ‘‘(I) SPECIAL ASSISTANCE PAY17 MENT.—For each month of the first 

18 school year of the 4-year period dur19 ing which a school or local educational 

20 agency elects to receive payments 

21 under this subparagraph, special as22 sistance payments at the rate for free 

23 meals shall be made under this sub24 paragraph for a percentage of all re25 imbursable meals served in an amount 


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1 equal to the product obtained by mul2 tiplying— 

3 ‘‘(aa) the multiplier de4 scribed in clause (vii); by 

5 ‘‘(bb) the percentage of 

6 identified students at the school 

7 or local educational agency as of 

8 April 1 of the prior school year, 

9 up to a maximum of 100 percent. 

10 ‘‘(II) PAYMENT FOR OTHER

11 MEALS.—The percentage of meals 

12 served that is not described in sub13 clause (I) shall be reimbursed at the 

14 rate provided under section 4. 

15 ‘‘(iv) SECOND, THIRD, OR FOURTH

16 YEAR OF OPTION.— 

17 ‘‘(I) SPECIAL ASSISTANCE PAY18 MENT.—For each month of the sec19 ond, third, or fourth school year of 

20 the 4-year period during which a 

21 school or local educational agency 

22 elects to receive payments under this 

23 subparagraph, special assistance pay24 ments at the rate for free meals shall 

25 be made under this subparagraph for 


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1 a percentage of all reimbursable meals 

2 served in an amount equal to the 

3 product obtained by multiplying— 

4 ‘‘(aa) the multiplier de5 scribed in clause (vii); by 

6 ‘‘(bb) the higher of the per7 centage of identified students at 

8 the school or local educational 

9 agency as of April 1 of the prior 

10 school year or the percentage of 

11 identified students at the school 

12 or local educational agency as of 

13 April 1 of the school year prior to 

14 the first year that the school or 

15 local educational agency elected 

16 to receive special assistance pay17 ments under this subparagraph, 

18 up to a maximum of 100 percent. 

19 ‘‘(II) PAYMENT FOR OTHER

20 MEALS.—The percentage of meals 

21 served that is not described in sub22 clause (I) shall be reimbursed at the 

23 rate provided under section 4. 

24 ‘‘(v) GRACE YEAR.— 


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1 ‘‘(I) IN GENERAL.—If, not later 

2 than April 1 of the fourth year of a 

3 4-year period described in clause 

4 (ii)(I), a school or local educational 

5 agency has a percentage of enrolled 

6 students who are identified students 

7 that meets or exceeds a percentage 

8 that is 10 percentage points lower 

9 than the threshold described in clause 

10 (viii), the school or local educational 

11 agency may elect to receive special as12 sistance payments under subclause 

13 (II) for an additional grace year. 

14 ‘‘(II) SPECIAL ASSISTANCE PAY15 MENT.—For each month of a grace 

16 year, special assistance payments at 

17 the rate for free meals shall be made 

18 under this subparagraph for a per19 centage of all reimbursable meals 

20 served in an amount equal to the 

21 product obtained by multiplying— 

22 ‘‘(aa) the multiplier de23 scribed in clause (vii); by 

24 ‘‘(bb) the percentage of 

25 identified students at the school 


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1 or local educational agency as of 

2 April 1 of the prior school year, 

3 up to a maximum of 100 percent. 

4 ‘‘(III) PAYMENT FOR OTHER

5 MEALS.—The percentage of meals 

6 served that is not described in sub7 clause (II) shall be reimbursed at the 

8 rate provided under section 4. 

9 ‘‘(vi) APPLICATIONS.—A school or 

10 local educational agency that receives spe11 cial assistance payments under this sub12 paragraph may not be required to collect 

13 applications for free and reduced price 

14 lunches. 

15 ‘‘(vii) MULTIPLIER.— 

16 ‘‘(I) PHASE-IN.—For each school 

17 year beginning on or before July 1, 

18 2013, the multiplier shall be 1.6. 

19 ‘‘(II) FULL IMPLEMENTATION.— 

20 For each school year beginning on or 

21 after July 1, 2014, for a local edu22 cational agency that makes the elec23 tion described in clause (ii), on behalf 

24 of all schools in the agency or on be25 half of certain schools in the agency, 


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1 for a new period of 4 years, in consid2 eration of the finding of the report re3 quired under clause (xii), the Sec4 retary may use— 

5 ‘‘(aa) a multiplier between 

6 1.3 and 1.6; and 

7 ‘‘(bb) subject to item (aa), a 

8 different multiplier for different 

9 schools or local educational agen10 cies. 

11 ‘‘(viii) THRESHOLD.— 

12 ‘‘(I) PHASE-IN.—For each school 

13 year beginning on or before July 1, 

14 2013, the threshold shall be 40 per15 cent. 

16 ‘‘(II) FULL IMPLEMENTATION.— 

17 For each school year beginning on or 

18 after July 1, 2014, the Secretary may 

19 use a threshold that is less than 40 

20 percent. 

21 ‘‘(ix) PHASE-IN.— 

22 ‘‘(I) IN GENERAL.—In selecting 

23 States for participation during the 

24 phase-in period, the Secretary shall 

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1 ber and variety of schools and local 

2 educational agencies that could ben3 efit from the option under this sub4 paragraph, as determined by the Sec5 retary. 

6 ‘‘(II) LIMITATION.—The Sec7 retary may not approve additional 

8 schools and local educational agencies 

9 to receive special assistance payments 

10 under this subparagraph after the 

11 Secretary has approved schools and 

12 local educational agencies in— 

13 ‘‘(aa) for the school year be14 ginning on July 1, 2011, 3 

15 States; and 

16 ‘‘(bb) for each of the school 

17 years beginning July 1, 2012, 

18 and July 1, 2013, an additional 4 

19 States per school year. 

20 ‘‘(x) ELECTION OF OPTION.— 

21 ‘‘(I) IN GENERAL.—For each 

22 school year beginning on or after July 

23 1, 2014, any local educational agency 

24 eligible to make the election described 

25 in clause (ii) for all schools in the 


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1 agency or on behalf of certain schools 

2 in the agency may elect to receive spe3 cial assistance payments under clause 

4 (iii) for the next school year if, not 

5 later than June 30 of the current 

6 school year, the local educational 

7 agency submits to the State agency 

8 the percentage of identified students 

9 at the school or local educational 

10 agency. 

11 ‘‘(II) STATE AGENCY NOTIFICA12 TION.—Not later than May 1 of each 

13 school year beginning on or after July 

14 1, 2011, each State agency with 

15 schools or local educational agencies 

16 that may be eligible to elect to receive 

17 special assistance payments under this 

18 subparagraph shall notify— 

19 ‘‘(aa) each local educational 

20 agency that meets or exceeds the 

21 threshold described in clause 

22 (viii) that the local educational 

23 agency is eligible to elect to re24 ceive special assistance payments 

25 under clause (iii) for the next 4 


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1 school years, of the blended reim2 bursement rate the local edu3 cational agency would receive 

4 under clause (iii), and of the pro5 cedures for the local educational 

6 agency to make the election; 

7 ‘‘(bb) each local educational 

8 agency that receives special as9 sistance payments under clause 

10 (iii) of the blended reimburse11 ment rate the local educational 

12 agency would receive under 

13 clause (iv); 

14 ‘‘(cc) each local educational 

15 agency in the fourth year of 

16 electing to receive special assist17 ance payments under this sub18 paragraph that does not meet the 

19 threshold described in clause 

20 (viii) but that meets or exceeds a 

21 percentage that is 10 percentage 

22 points lower than the threshold 

23 described in clause (viii) and that 

24 receives special assistance pay25 ments under clause (iv), that the 


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1 local educational agency may 

2 continue to receive such pay3 ments for the next school year, of 

4 the blended reimbursement rate 

5 the local educational agency 

6 would receive under clause (v), 

7 and of the procedures for the 

8 local educational agency to make 

9 the election; and 

10 ‘‘(dd) each local educational 

11 agency that does not meet the 

12 threshold described in clause 

13 (viii) but that meets or exceeds a 

14 percentage that is 10 percentage 

15 points lower than the threshold 

16 described in clause (viii) that the 

17 local educational agency may be 

18 eligible to elect to receive special 

19 assistance payments under clause 

20 (iii) if the threshold described in 

21 clause (viii) is met by April 1 of 

22 the school year or if the thresh23 old is met for a subsequent 

24 school year. 


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1 ‘‘(III) PUBLIC NOTIFICATION OF

2 LOCAL EDUCATIONAL AGENCIES.— 

3 Not later than May 1 of each school 

4 year beginning on or after July 1, 

5 2011, each State agency with 1 or 

6 more schools or local educational 

7 agencies eligible to elect to receive 

8 special assistance payments under 

9 clause (iii) shall submit to the Sec10 retary, and the Secretary shall pub11 lish, lists of the local educational 

12 agencies receiving notices under sub13 clause (II). 

14 ‘‘(IV) PUBLIC NOTIFICATION OF

15 SCHOOLS.—Not later than May 1 of 

16 each school year beginning on or after 

17 July 1, 2011, each local educational 

18 agency in a State with 1 or more 

19 schools eligible to elect to receive spe20 cial assistance payments under clause 

21 (iii) shall submit to the State agency, 

22 and the State agency shall publish— 

23 ‘‘(aa) a list of the schools 

24 that meet or exceed the threshold 

25 described in clause (viii); 


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1 ‘‘(bb) a list of the schools 

2 that do not meet the threshold 

3 described in clause (viii) but that 

4 meet or exceed a percentage that 

5 is 10 percentage points lower 

6 than the threshold described in 

7 clause (viii) and that are in the 

8 fourth year of receiving special 

9 assistance payments under clause 

10 (iv); and 

11 ‘‘(cc) a list of the schools 

12 that do not meet the threshold 

13 described in clause (viii) but that 

14 meet or exceed a percentage that 

15 is 10 percentage points lower 

16 than the threshold described in 

17 clause (viii). 

18 ‘‘(xi) IMPLEMENTATION.— 

19 ‘‘(I) GUIDANCE.—Not later than 

20 90 days after the date of enactment of 

21 this subparagraph, the Secretary shall 

22 issue guidance to implement this sub23 paragraph. 

24 ‘‘(II) REGULATIONS.—Not later 

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1 retary shall promulgate regulations 

2 that establish procedures for State 

3 agencies, local educational agencies, 

4 and schools to meet the requirements 

5 of this subparagraph, including exer6 cising the option described in this sub7 paragraph. 

8 ‘‘(III) PUBLICATION.—If the 

9 Secretary uses the authority provided 

10 in clause (vii)(II)(bb) to use a dif11 ferent multiplier for different schools 

12 or local educational agencies, for each 

13 school year beginning on or after July 

14 1, 2014, not later than April 1, 2014, 

15 the Secretary shall publish on the 

16 website of the Secretary a table that 

17 indicates— 

18 ‘‘(aa) each local educational 

19 agency that may elect to receive 

20 special assistance payments 

21 under clause (ii); 

22 ‘‘(bb) the blended reimburse23 ment rate that each local edu24 cational agency would receive; 

25 and 


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1 ‘‘(cc) an explanation of the 

2 methodology used to calculate the 

3 multiplier or threshold for each 

4 school or local educational agen5 cy. 

6 ‘‘(xii) REPORT.—Not later than De7 cember 31, 2013, the Secretary shall pub8 lish and submit to the Committee on Edu9 cation and Labor of the House of Rep10 resentatives and the Committee on Agri11 culture, Nutrition, and Forestry of the 

12 Senate, a report that describes— 

13 ‘‘(I) an estimate of the number 

14 of schools and local educational agen15 cies eligible to elect to receive special 

16 assistance payments under this sub17 paragraph that do not elect to receive 

18 the payments; 

19 ‘‘(II) for schools and local edu20 cational agencies described in sub21 clause (I)— 

22 ‘‘(aa) barriers to participa23 tion in the special assistance op24 tion under this subparagraph, as 

25 described by the nonparticipating 


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1 schools and local educational 

2 agencies; and 

3 ‘‘(bb) changes to the special 

4 assistance option under this sub5 paragraph that would make eligi6 ble schools and local educational 

7 agencies more likely to elect to 

8 receive special assistance pay9 ments; 

10 ‘‘(III) for schools and local edu11 cational agencies that elect to receive 

12 special assistance payments under this 

13 subparagraph— 

14 ‘‘(aa) the number of schools 

15 and local educational agencies; 

16 ‘‘(bb) an estimate of the per17 centage of identified students and 

18 the percentage of enrolled stu19 dents who were certified to re20 ceive free or reduced price meals 

21 in the school year prior to the 

22 election to receive special assist23 ance payments under this sub24 paragraph, and a description of 


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1 how the ratio between those per2 centages compares to 1.6; 

3 ‘‘(cc) an estimate of the 

4 number and share of schools and 

5 local educational agencies in 

6 which more than 80 percent of 

7 students are certified for free or 

8 reduced price meals that elect to 

9 receive special assistance pay10 ments under that clause; and 

11 ‘‘(dd) whether any of the 

12 schools or local educational agen13 cies stopped electing to receive 

14 special assistance payments 

15 under this subparagraph; 

16 ‘‘(IV) the impact of electing to 

17 receive special assistance payments 

18 under this subparagraph on— 

19 ‘‘(aa) program integrity; 

20 ‘‘(bb) whether a breakfast 

21 program is offered; 

22 ‘‘(cc) the type of breakfast 

23 program offered; 

24 ‘‘(dd) the nutritional quality 

25 of school meals; and 


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1 ‘‘(ee) program participation; 

2 and 

3 ‘‘(V) the multiplier and thresh4 old, as described in clauses (vii) and 

5 (viii) respectively, that the Secretary 

6 plans to use for each school year be7 ginning on or after July 1, 2014, and 

8 the rationale for any change in the 

9 multiplier or threshold. 

10 ‘‘(xiii) FUNDING.— 

11 ‘‘(I) IN GENERAL.—On October 

12 1, 2010, out of any funds in the 

13 Treasury not otherwise appropriated, 

14 the Secretary of the Treasury shall 

15 transfer to the Secretary to carry out 

16 clause (xii) $5,000,000, to remain 

17 available until September 30, 2014. 

18 ‘‘(II) RECEIPT AND ACCEPT19 ANCE.—The Secretary shall be enti20 tled to receive, shall accept, and shall 

21 use to carry out clause (xii) the funds 

22 transferred under subclause (I), with23 out further appropriation.’’. 

24 (2) CONFORMING AMENDMENTS.—Section 

25 11(a)(1)(B) of the Richard B. Russell National 


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1 School Lunch Act (42 U.S.C. 1759a(a)(1)(B)) is 

2 amended by striking ‘‘or (E)’’ and inserting ‘‘(E), or 

3 (F)’’. 

4 (b) UNIVERSAL MEAL SERVICE THROUGH SOCIO5 ECONOMIC DATA.—Section 11 of the Richard B. Russell 

6 National School Lunch Act (42 U.S.C. 1759a) is amended 

7 by adding at the end the following: 

8 ‘‘(g) UNIVERSAL MEAL SERVICE THROUGH SOCIO9 ECONOMIC DATA.— 

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

11 practicable, the Secretary shall identify alternatives 

12 to— 

13 ‘‘(A) the daily counting by category of 

14 meals provided by school lunch programs under 

15 this Act and the school breakfast program es16 tablished by section 4 of the Child Nutrition 

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

18 ‘‘(B) the use of annual applications as the 

19 basis for eligibility to receive free meals or re20 duced price meals under this Act. 

21 ‘‘(2) ALTERNATIVE METHODS.— 

22 ‘‘(A) IN GENERAL.—Alternatives under 

23 paragraph (1) shall— 

24 ‘‘(i) consider the recommendations of 

25 the Committee on National Statistics of 


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1 the National Academy of Sciences relating 

2 to use of the American Community Survey 

3 of the Bureau of the Census and other 

4 data sources; and 

5 ‘‘(ii) include a method based on a 

6 periodic socioeconomic survey of house7 holds of children attending school in a 

8 school food authority that meets the re9 quirements of subparagraph (E). 

10 ‘‘(B) USE OF ALTERNATIVE METHODS.— 

11 At the discretion of the Secretary, alternative 

12 methods described in subparagraph (A) that 

13 provide accurate and effective means of pro14 viding meal reimbursement consistent with the 

15 eligibility status of students may be— 

16 ‘‘(i) implemented for use in schools or 

17 by school food authorities that agree— 

18 ‘‘(I) to serve all breakfasts and 

19 lunches at no charge to students in 

20 accordance with regulations issued by 

21 the Secretary; and 

22 ‘‘(II) to pay, from sources other 

23 than Federal funds, the costs of serv24 ing any lunches and breakfasts that 

25 are in excess of the value of assistance 


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1 received under this Act or the Child 

2 Nutrition Act of 1966 (42 U.S.C. 

3 1771 et seq.) with respect to the num4 ber of lunches and breakfasts served 

5 during the applicable period; or 

6 ‘‘(ii) further tested through dem7 onstration projects carried out by the Sec8 retary in accordance with subparagraph 

9 (C). 

10 ‘‘(C) DEMONSTRATION PROJECTS.— 

11 ‘‘(i) IN GENERAL.—For the purpose 

12 of carrying out demonstration projects de13 scribed in subparagraph (B), the Secretary 

14 may waive any requirement of this Act re15 lating to— 

16 ‘‘(I) counting of meals provided 

17 by school lunch or breakfast pro18 grams; 

19 ‘‘(II) applications for eligibility 

20 for free or reduced priced meals; or 

21 ‘‘(III) required direct certifi22 cation under section 9(b)(4). 

23 ‘‘(ii) NUMBER OF PROJECTS.—The 

24 Secretary may— 


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1 ‘‘(I) carry out the demonstration 

2 projects using data from the Amer3 ican Community Survey described in 

4 subparagraph (A)(i) in not more than 

5 5 local educational agencies; and 

6 ‘‘(II) carry out the demonstration 

7 projects using socioeconomic survey 

8 data in not more than 3 local edu9 cational agencies. 

10 ‘‘(iii) LIMITATION.—A demonstration 

11 project carried out under this paragraph 

12 shall have a duration of not more than 3 

13 years. 

14 ‘‘(iv) EVALUATION.—Not later than 4 

15 years after implementing a demonstration 

16 project under this paragraph, the Sec17 retary, using comparisons with local edu18 cational agencies with similar demographic 

19 characteristics, shall evaluate each dem20 onstration project carried out under this 

21 paragraph, which shall include an evalua22 tion of— 

23 ‘‘(I) the accuracy of the 1 or 

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1 egory of meals provided by school 

2 meal programs under this Act or the 

3 Child Nutrition Act of 1966 (42 

4 U.S.C. 1771 et seq.) and the use of 

5 annual applications as the basis for 

6 eligibility to receive free or reduced 

7 price meals under those Acts; 

8 ‘‘(II) the effect of the 1 or more 

9 methodologies adopted on participa10 tion in programs under those Acts; 

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

12 methodologies adopted on administra13 tion of programs under those Acts; 

14 and 

15 ‘‘(IV) such other matters as the 

16 Secretary determines to be appro17 priate. 

18 ‘‘(v) REPORT.—Not later than 90 

19 days after the completion of the evaluation 

20 under clause (iv), the Secretary shall sub21 mit to the Committee on Education and 

22 Labor of the House of Representatives and 

23 the Committee on Agriculture, Nutrition, 

24 and Forestry of the Senate, a report that 

25 describes the results of such evaluation. 


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1 ‘‘(D) IMPLEMENTATION PRIORITY.—The 

2 Secretary shall give priority consideration for 

3 the implementation of a socioeconomic survey 

4 method described in subparagraph (A)(ii) by a 

5 local educational agency that uses data from a 

6 socioeconomic survey as an alternative to daily 

7 counting and claiming on or after the date of 

8 enactment of this paragraph. 

9 ‘‘(E) SOCIOECONOMIC SURVEY PARAM10 ETERS.—The Secretary shall establish require11 ments for, and approve, any alternative method 

12 that is implemented, or tested through a dem13 onstration project under this paragraph, using 

14 socioeconomic survey data which, at a min15 imum, shall— 

16 ‘‘(i) be based on a socioeconomic sur17 vey, using generally accepted statistical 

18 methods, that is designed, developed, and 

19 implemented using funds from non-Federal 

20 sources; 

21 ‘‘(ii) be consistent with the Office of 

22 Management and Budget Standards and 

23 Guidelines for Statistical Surveys; 

24 ‘‘(iii) ensure that the survey is drawn 

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1 rate list of households of students enrolled 

2 in the schools to which the results will be 

3 applied; 

4 ‘‘(iv) include a scientifically rigorous 

5 implementation plan to achieve an overall 

6 response rate of at least 80 percent and an 

7 item response rate of at least 70 percent 

8 for any item in the survey used to deter9 mine free and reduced price eligibility of 

10 students enrolled in the schools to which 

11 the results will be applied; 

12 ‘‘(v) provide a plan for an alternative 

13 method of counting and claiming reimburs14 able meals if the socioeconomic survey fails 

15 to meet the minimum requirements estab16 lished by the Secretary; and 

17 ‘‘(vi) reflect any additional criteria as 

18 established by the Secretary.’’. 

19 SEC. 105. YEAR-ROUND SCHOOL BASED MEAL SERVICE. 

20 (a) AMENDMENT.—The Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1751 et seq.) is amended 

22 by inserting after 17A the following: 

23 ‘‘SEC. 17B. YEAR-ROUND SCHOOL BASED MEAL SERVICE. 

24 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

25 program to assist 5 States through grants-in-aid and other 


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1 means, awarded on a competitive basis, to provide meals 

2 and supplements (in this section referred to as an ‘out3 of-school meal service’) to eligible children participating 

4 in out-of-school programs sponsored by eligible elementary 

5 and secondary schools. 

6 ‘‘(b) PRIORITY CONSIDERATION.—In awarding as7 sistance to States under subsection (a), the Secretary shall 

8 give priority consideration to States that— 

9 ‘‘(1) demonstrate administrative and oper10 ational capacity to oversee, based on criteria estab11 lished by the Secretary, an out-of-school meal serv12 ice; 

13 ‘‘(2) demonstrate support for out-of-school pro14 grams; 

15 ‘‘(3) provide a plan for outreach and implemen16 tation to reach children eligible for free or reduced 

17 price school meals under this Act or the Child Nutri18 tion Act of 1966 (42 U.S.C. 1771 et seq.), including 

19 children of households at risk of food insecurity, as 

20 determined by the Secretary; and 

21 ‘‘(4) meet such other such considerations as de22 termined by the Secretary. 

23 ‘‘(c) MEAL LIMITS.—The number of meals provided 

24 to an eligible child under this section may not exceed 1 

25 meal and 1 supplement per day. 


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1 ‘‘(d) REIMBURSEMENT.— 

2 ‘‘(1) AT-RISK CHILDREN.—A meal or supple3 ment provided under this section to an eligible child 

4 at a site that is located in an area in which poor eco5 nomic conditions exist shall be— 

6 ‘‘(A) in the case of a meal, reimbursed at 

7 the rate at which free meals are reimbursed 

8 under section 4 and 11 of this Act or section 

9 4(b) of the Child Nutrition Act of 1966 (42 

10 U.S.C. 1773(b)), as adjusted pursuant to sec11 tion 11(a)(3) of this Act; 

12 ‘‘(B) in the case of a supplement, reim13 bursed at the rate at which free supplements 

14 are reimbursed under section 17(c)(3), as ad15 justed pursuant to section 11(a)(3); and 

16 ‘‘(C) served without charge. 

17 ‘‘(2) OTHER CHILDREN.—A meal or supple18 ment provided under this section to an eligible child 

19 at a site that is not described in paragraph (1) shall 

20 be— 

21 ‘‘(A) in the case of a meal, reimbursed at 

22 the rate at which free meals are reimbursed 

23 under section 4 and 11 of this Act or section 

24 4(b) of the Child Nutrition Act of 1966 (42 


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1 U.S.C. 1773(b)), as adjusted pursuant to sec2 tion 11(a)(3) of this Act; and 

3 ‘‘(B) in the case of a supplement, reim4 bursed at the rate in which free supplements 

5 are reimbursed under section 17(c)(3), as ad6 justed pursuant to section 11(a)(3). 

7 ‘‘(e) REIMBURSEMENT LIMITATION.—An eligible ele8 mentary or secondary school may not claim reimburse9 ment for the same meals served under this section, section 

10 17A, section 13(a)(11), or section 17(r) on the same day. 

11 ‘‘(f) OPERATIONAL REQUIREMENTS.—The Secretary 

12 shall establish requirements governing the operation of the 

13 out-of-school meal service authorized under this section to 

14 ensure that the meal service is operated in conformance 

15 with applicable operational and oversight requirements. 

16 ‘‘(g) REPORT.—Not later than 4 years after the date 

17 of the enactment of this section, the Secretary shall sub18 mit to the Committee on Education and Labor of the 

19 House of Representatives and the Committee on Agri20 culture, Nutrition, and Forestry of the Senate, a report 

21 that describes— 

22 ‘‘(1) the participation in the out-of-school meal 

23 service authorized under this section; 

24 ‘‘(2) the monitoring and oversight requirements 

25 governing the operation of the meal service; 


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1 ‘‘(3) the financial and administrative impact to 

2 eligible elementary and secondary schools partici3 pating in the meal service; and 

4 ‘‘(4) any recommendations by the Secretary 

5 concerning the operation and administration of the 

6 meal service under this section. 

7 ‘‘(h) DEFINITIONS.—For purposes of this section: 

8 ‘‘(1) AREA IN WHICH POOR ECONOMIC CONDI9 TIONS EXIST.—The term ‘area in which poor eco10 nomic conditions exist’ has the meaning given the 

11 term ‘areas in which poor economic conditions exist’, 

12 except that the term shall be applied by substituting 

13 ‘out-of-school-program authorized under section 

14 17B’ for ‘program’. 

15 ‘‘(2) ELIGIBLE CHILD.—The term ‘eligible 

16 child’ means a school child who is not more than 18 

17 years of age, except that such age limitation shall 

18 not apply to a child described in section 12(d)(1)(A). 

19 ‘‘(3) ELIGIBLE ELEMENTARY AND SECONDARY

20 SCHOOL.—The term ‘eligible elementary and sec21 ondary school’ means a school that— 

22 ‘‘(A) operates school lunch programs under 

23 this Act; and 


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1 ‘‘(B) sponsors out-of-school programs at 

2 sites that provide an educational or enrichment 

3 purpose during— 

4 ‘‘(i) the extended-school day, week, or 

5 school year; or 

6 ‘‘(ii) non-school hours or periods when 

7 school is not in session. 

8 ‘‘(4) OUT-OF-SCHOOL PROGRAM.—The term 

9 ‘out-of-school program’ means a program provided 

10 for eligible children— 

11 ‘‘(A) during non-school hours or periods 

12 when school is not in session, such as before or 

13 after school; 

14 ‘‘(B) during any period that is an exten15 sion of the school day, school week, or school 

16 year; and 

17 ‘‘(C) on weekends, holidays, and during 

18 school breaks and vacations.’’. 

19 (b) CONFORMING AMENDMENT.— 

20 (1) MEAL SUPPLEMENTS FOR CHILDREN IN

21 AFTERSCHOOL CARE.—Section 17A(c) of the Rich22 ard B. Russell National School Lunch Act (42 

23 U.S.C. 1766a(c)) is amended by adding at the end 

24 the following: 


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1 ‘‘(3) LIMITATION.—An eligible elementary or 

2 secondary school may not claim reimbursement for 

3 the same meals served under this section, section 

4 17B, section 13(a)(11), or section 17(r) on the same 

5 day.’’. 

6 (2) PROGRAM FOR AT-RISK SCHOOL CHIL7 DREN.—Section 17(r)(4) of the Richard B. Russell 

8 National School Lunch Act (42 U.S.C. 1766(r)(D)) 

9 is amended by adding at the end the following: 

10 ‘‘(D) REIMBURSEMENT LIMITATION.—An 

11 institution may not claim reimbursement for 

12 the same meals served under this subsection, 

13 section 17A, section 17B, or section 13(a)(11) 

14 on the same day.’’. 

15 SEC. 106. SCHOOL BREAKFAST EXPANSION GRANTS. 

16 Section 4 of the Child Nutrition Act of 1966 (42 

17 U.S.C. 1773) is amended by adding at the end the fol18 lowing: 

19 ‘‘(f) GRANTS FOR EXPANSION OF SCHOOL BREAK20 FAST PROGRAMS.— 

21 ‘‘(1) ESTABLISHMENT.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 establish a program to award grants, on a com24 petitive basis, to State educational agencies for 

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1 cational agencies for qualifying schools or 

2 groups of qualifying schools to establish or ex3 pand the school breakfast program at the quali4 fying schools. 

5 ‘‘(B) ADMINISTRATION.—In carrying out 

6 this subsection, the Secretary shall— 

7 ‘‘(i) develop an appropriate competi8 tive application process; and 

9 ‘‘(ii) make information available to 

10 State educational agencies concerning the 

11 availability of funds under this subsection. 

12 ‘‘(C) BEST PRACTICES.— 

13 ‘‘(i) IN GENERAL.—Prior to awarding 

14 grants under this subsection, the Secretary 

15 shall make available to State educational 

16 agencies and local educational agencies in17 formation regarding the most effective 

18 mechanisms by which to increase school 

19 breakfast participation among eligible chil20 dren at qualifying schools. 

21 ‘‘(ii) REQUIREMENT.—In awarding 

22 subgrants under paragraph (3), a State 

23 educational agency may award such sub24 grants only to local educational agencies 

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1 fying schools that have adopted, or provide 

2 assurances that the subgrant funds will be 

3 used to adopt, the most effective mecha4 nisms identified by the Secretary under 

5 clause (i). 

6 ‘‘(D) LOW-INCOME SCHOOL OUTREACH

7 AND PRIORITY.— 

8 ‘‘(i) OUTREACH TO LOW-INCOME

9 SCHOOLS.—Prior to awarding subgrants 

10 under paragraph (3), a State educational 

11 agency shall inform the local educational 

12 agencies within the State with qualifying 

13 schools that have the highest proportion of 

14 students certified as eligible for free and 

15 reduced price meals, as compared to other 

16 qualifying schools in other local edu17 cational agencies within the State, of the 

18 eligibility of such agencies for subgrants 

19 provided under this subsection. 

20 ‘‘(ii) PRIORITY.—In awarding sub21 grants under paragraph (3), a State edu22 cational agency shall give priority to local 

23 educational agencies with qualifying 

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1 price school lunches under the school lunch 

2 program established under the Richard B. 

3 Russell National School Lunch Act (42 

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

5 ‘‘(2) GRANTS TO STATE EDUCATIONAL AGEN6 CIES.—To be eligible to receive a grant under this 

7 subsection, a State educational agency shall submit 

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

9 manner, and containing such information as the Sec10 retary may require. 

11 ‘‘(3) SUBGRANTS TO LOCAL EDUCATIONAL

12 AGENCIES.— 

13 ‘‘(A) IN GENERAL.—A State educational 

14 agency that receives a grant under this sub15 section— 

16 ‘‘(i) shall use the grant funds to pro17 vide subgrants to local educational agen18 cies for qualifying schools or groups of 

19 qualifying schools; and 

20 ‘‘(ii) may reserve not more than 5 

21 percent of the grant funds for administra22 tion and oversight of the subgrants award23 ed under this paragraph. 


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1 ‘‘(B) USES OF FUNDS.—A local edu2 cational agency may use subgrant funds re3 ceived under this subsection— 

4 ‘‘(i) to provide training and technical 

5 assistance to the staff of qualifying 

6 schools; 

7 ‘‘(ii) to provide promotional materials 

8 to students enrolled in qualifying schools 

9 and the families of such students to en10 courage participation in the school break11 fast program; 

12 ‘‘(iii) to purchase equipment needed to 

13 provide breakfast service outside the cafe14 teria at qualifying schools; 

15 ‘‘(iv) for additional local educational 

16 agency supervisory personnel to assist with 

17 implementation or expansion of the school 

18 breakfast program at qualifying schools; or 

19 ‘‘(v) other effective mechanisms iden20 tified by the Secretary under paragraph 

21 (1)(C)(i). 

22 ‘‘(C) MAXIMUM AMOUNT.—The amount of 

23 a subgrant provided under this subsection by a 

24 State educational agency to a local educational 

25 agency for qualifying schools or a group of 


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1 qualifying schools shall not exceed $10,000 for 

2 each school year. 

3 ‘‘(D) MAXIMUM GRANT TERM.—A State 

4 educational agency shall not provide subgrants 

5 under this subsection to a local educational 

6 agency for qualifying schools or groups of quali7 fying schools for more than 2 years. 

8 ‘‘(4) DEFINITION OF QUALIFYING SCHOOL.— 

9 For purposes of this section, the term ‘qualifying 

10 school’ means a school in severe need, as described 

11 in subsection (d)(1). 

12 ‘‘(5) FUNDING.— 

13 ‘‘(A) IN GENERAL.—On October 1, 2010, 

14 out of any funds in the treasury not otherwise 

15 appropriated, the Secretary of the Treasury 

16 shall transfer to the Secretary to carry out this 

17 subsection $10,000,000 to remain available 

18 until expended. 

19 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

20 Secretary shall be entitled to receive, shall ac21 cept, and shall use to carry out this subsection 

22 the funds transferred under subparagraph (A), 

23 without further appropriation.’’. 


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1 Subtitle B—Summer Food Service 

2 Program 

3 SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC 

4 AND PRIVATE SPONSORS. 

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

6 School Lunch Act (42 U.S.C. 1761(a)) is amended by 

7 striking paragraph (7) and inserting the following: 

8 ‘‘(7) PRIVATE NONPROFIT ORGANIZATIONS.— 

9 ‘‘(A) DEFINITION OF PRIVATE NONPROFIT

10 ORGANIZATION.—In this paragraph, the term 

11 ‘private nonprofit organization’ means an orga12 nization that— 

13 ‘‘(i) exercises full control and author14 ity over the operation of the program at all 

15 sites under the sponsorship of the organi16 zation; 

17 ‘‘(ii) provides ongoing year-round ac18 tivities for children or families; 

19 ‘‘(iii) demonstrates that the organiza20 tion has adequate management and the fis21 cal capacity to operate a program under 

22 this section; 

23 ‘‘(iv) has Federal tax exempt status 

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1 nal Revenue Code of 1986 and exempt 

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

3 ‘‘(v) meets applicable State and local 

4 health, safety, and sanitation standards; 

5 and 

6 ‘‘(vi) meets any operational require7 ments established by the State agency with 

8 respect to the maximum number of total 

9 sites and maximum number of children 

10 being served at any one site. 

11 ‘‘(B) ELIGIBILITY.—Private nonprofit or12 ganizations (other than organizations eligible 

13 under paragraph (1)) shall be eligible for the 

14 program under the same terms and conditions 

15 as other service institutions.’’. 

16 SEC. 112. OUTREACH TO ELIGIBLE FAMILIES. 

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

18 School Lunch Act (42 U.S.C. 1761(a)) (as amended by 

19 section 111) is further amended by adding at the end the 

20 following: 

21 ‘‘(11) OUTREACH TO ELIGIBLE FAMILIES.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 provide funds to each State agency that admin24 isters the national school lunch program under 

25 this Act to require each such State agency to 


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1 ensure that, to the maximum extent practicable, 

2 school food authorities participating in the 

3 school lunch program under this Act cooperate 

4 with participating service institutions to dis5 tribute materials to inform families of— 

6 ‘‘(i) the availability and location of 

7 summer food service program meals served 

8 under this section; and 

9 ‘‘(ii) the availability of reimbursable 

10 breakfasts served under the school break11 fast program established under section 4 of 

12 the Child Nutrition Act of 1966 (42 

13 U.S.C. 1773). 

14 ‘‘(B) FORM.—The materials described in 

15 subparagraph (A) shall be in a form and, to the 

16 maximum extent practicable, language easily 

17 understandable by families receiving such mate18 rials. 

19 ‘‘(C) INFORMATION DISTRIBUTION.—Infor20 mational activities carried out under subpara21 graph (A) may include— 

22 ‘‘(i) the development or dissemination 

23 of printed materials, to be distributed to 

24 all school children or the families of school 

25 children prior to the end of the school 


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1 year, that inform families of the avail2 ability and location of summer food service 

3 program meals; 

4 ‘‘(ii) the development or dissemination 

5 of materials, to be distributed using elec6 tronic means to all school children or the 

7 families of school children prior to the end 

8 of the school year, that inform families of 

9 the availability and location of summer 

10 food service program meals; and 

11 ‘‘(iii) such other activities as are ap12 proved by the applicable State agency to 

13 promote the availability and location of 

14 summer food service program meals to 

15 school children and the families of school 

16 children. 

17 ‘‘(D) MULTIPLE STATE AGENCIES.—If the 

18 State agency administering the program under 

19 this section is not the same State agency that 

20 administers the school lunch program under 

21 this Act, the 2 State agencies shall work coop22 eratively to implement this paragraph.’’. 


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1 SEC. 113. SUMMER FOOD SERVICE PROGRAM YEAR-ROUND 

2 OPTION. 

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

4 School Lunch Act (42 U.S.C. 1761(a)) (as amended by 

5 section 112) is further amended by adding at the end the 

6 following— 

7 ‘‘(11) SUMMER FOOD SERVICE PROGRAM YEAR8 ROUND OPTION.— 

9 ‘‘(A) IN GENERAL.—From the amounts 

10 appropriated under subparagraph (I), the Sec11 retary is authorized to carry out a program to 

12 provide, on a competitive basis, not more than 

13 10 States with reimbursements for meals and 

14 supplements served, under the year-round op15 tion of the program under this section as au16 thorized under this paragraph, by service insti17 tutions that are described in paragraph (6) (ex18 cluding public schools) and private nonprofit or19 ganizations described in paragraph (7). 

20 ‘‘(B) ASSISTANCE REQUIREMENT.—In pro21 viding assistance under this paragraph, the Sec22 retary shall award assistance under this section 

23 to a State that has carried out year-round serv24 ices under section 18(h) (as in effect on the day 

25 before the date of the enactment of the Improv26 ing Nutrition for America’s Children Act). 


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1 ‘‘(C) PRIORITY CONSIDERATION.—In pro2 viding assistance under this paragraph, the Sec3 retary shall give priority consideration to States 

4 that— 

5 ‘‘(i) demonstrate administrative and 

6 operational capacity to oversee an effective 

7 year-round program option under this 

8 paragraph based on criteria established by 

9 the Secretary; 

10 ‘‘(ii) provide a plan for outreach and 

11 implementation to reach children eligible 

12 for free or reduced price meals under this 

13 Act or the Child Nutrition Act of 1966 (42 

14 U.S.C. 1771 et seq.), including children of 

15 households at risk of food insecurity, as 

16 determined by the Secretary; 

17 ‘‘(iii) demonstrate support for after18 school and summer programming; and 

19 ‘‘(iv) meet other such considerations 

20 as determined by the Secretary. 

21 ‘‘(D) PARTICIPATION CRITERIA.—A service 

22 institution may participate in the year-round 

23 program option under this paragraph if the in24 stitution provides meals or supplements under a 

25 program that— 


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1 ‘‘(i) operates at a site during the reg2 ular school calendar— 

3 ‘‘(I) during before- or after4 school hours; 

5 ‘‘(II) on weekends; or 

6 ‘‘(III) during school holidays and 

7 vacations; and 

8 ‘‘(ii) is located in an area in which 

9 poor economic conditions exist. 

10 ‘‘(E) ENRICHMENT PROGRAMMING.—The 

11 Secretary shall encourage service institutions 

12 participating in the program option under this 

13 paragraph to provide enrichment or educational 

14 programming with meal service. 

15 ‘‘(F) TERMS AND CONDITIONS.— 

16 ‘‘(i) ADMINISTRATIVE REQUIRE17 MENTS.—Except as otherwise provided in 

18 this paragraph, service institutions shall be 

19 eligible for the year-round program option 

20 under this paragraph under the same 

21 terms and conditions for participating in 

22 the program under this section. 

23 ‘‘(ii) MEAL LIMITS.—In addition to 

24 being eligible for reimbursement for meals 

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1 ing each day of operation during the peri2 ods described in subsection (c)(1), service 

3 institutions participating in the year-round 

4 program option under this paragraph may 

5 be reimbursed for up to 1 meal and 1 sup6 plement per child served during each day 

7 of operation during the regular school cal8 endar. 

9 ‘‘(iii) REIMBURSEMENT.— 

10 ‘‘(I) IN GENERAL.—A service in11 stitution participating in the year12 round program option under this 

13 paragraph shall be reimbursed con14 sistent with subsection (b)(1). All 

15 meals and supplements served under 

16 the program option under this para17 graph shall be served without charge. 

18 ‘‘(II) LIMITATION.—A service in19 stitution may not claim reimburse20 ment for the same meals served under 

21 this paragraph, section 17A, section 

22 17B, or section 17(r) on the same 

23 day. 

24 ‘‘(III) ELIGIBLE CHILDREN.— 

25 Reimbursement may be provided 


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1 under this paragraph only for the 

2 same meals and supplements served to 

3 children who are not more than 18 

4 years of age, except that the age limi5 tation provided by this subclause shall 

6 not apply to a child described in sec7 tion 12(d)(1)(A). 

8 ‘‘(G) OPERATIONAL REQUIREMENTS.—The 

9 Secretary shall establish applicable monitoring 

10 and oversight requirements governing the year11 round program option under this paragraph to 

12 ensure appropriate compliance and account13 ability requirements for meal service provided 

14 under the program option under this para15 graph. 

16 ‘‘(H) REPORT.—Not later than 4 years 

17 after the date of the enactment of this para18 graph, the Secretary shall submit to the Com19 mittee on Education and Labor of the House of 

20 Representatives and the Committee on Agri21 culture, Nutrition, and Forestry of the Senate 

22 a report that describes— 

23 ‘‘(i) the impact of this paragraph on 

24 participation in the program option under 


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1 this section during the summer months 

2 and during the regular school year; 

3 ‘‘(ii) the monitoring and oversight re4 quirements governing the operation of the 

5 program option under this paragraph; 

6 ‘‘(iii) the financial and administrative 

7 impact to service institutions participating 

8 in the program option under this para9 graph; and 

10 ‘‘(iv) any recommendations by the 

11 Secretary concerning the operation and ad12 ministration of the program option under 

13 this paragraph. 

14 ‘‘(I) FUNDING.—There are authorized to 

15 be appropriated, and there are appropriated, 

16 out of any money in the Treasury not otherwise 

17 appropriated, for the Secretary to carry out this 

18 section, such sums as may be necessary for 

19 each of fiscal years 2011 through 2015.’’. 

20 SEC. 114. RURAL ACCESS TO SUMMER FOOD SERVICE PRO21 GRAM. 

22 Section 13(a)(9) of the Richard B. Russell National 

23 School Lunch Act (42 U.S.C. 1761(a)(9)) is amended— 

24 (1) in the header, by striking ‘‘EXEMPTION’’ 

25 and inserting ‘‘APPLICABILITY TO RURAL AREAS’’; 


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1 (2) in subparagraph (A), by striking ‘‘For each 

2 of calendar years 2005 and 2006 in rural areas of 

3 the State of Pennsylvania’’ and inserting ‘‘In rural 

4 areas of a State’’; 

5 (3) in subparagraph (B)(iii), by striking 

6 ‘‘2008’’ and inserting ‘‘2014’’; and 

7 (4) by striking clause (iv). 

8 Subtitle C—Child and Adult Care 

9 Food Program 

10 SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINA11 TIONS IN THE CHILD AND ADULT CARE FOOD 

12 PROGRAM. 

13 Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Rus14 sell National School Lunch Act (42 U.S.C. 

15 1766(f)(3)(A)(ii)(I)(bb)) is amended by striking ‘‘elemen16 tary’’. 

17 SEC. 122. CHILD AND ADULT CARE FOOD PROGRAM REIM18 BURSEMENT. 

19 Section 17(f)(2)(B) of the Richard B. Russell Na20 tional School Lunch Act (42 U.S.C. 1766 (f)(2)(B)) is 

21 amended to read as follows: 

22 ‘‘(B) REIMBURSEMENT.— 

23 ‘‘(i) IN GENERAL.—No reimbursement 

24 may be made to any institution under this 

25 paragraph, or to any family or group day 


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1 care home sponsoring organization under 

2 paragraph (3) of this subsection— 

3 ‘‘(I) for more than 2 meals and 

4 1 supplement per day per child; and 

5 ‘‘(II) for children who are main6 tained in child care for 8 hours or 

7 more per day, for 1 additional meal or 

8 supplement for each such child per 

9 day. 

10 ‘‘(ii) LIMITATIONS.—The reimburse11 ment under clause (i)(II) shall be provided, 

12 on a competitive basis, to not more than 5 

13 States for disbursement to the institutions 

14 or sponsoring organizations described in 

15 clause (i) that are located in such States. 

16 In providing such reimbursement, the Sec17 retary shall give priority consideration to 

18 States that— 

19 ‘‘(I) demonstrate administrative 

20 and operational capacity to oversee 

21 the additional meal service under this 

22 subparagraph based on criteria estab23 lished by the Secretary; 

24 ‘‘(II) provide a plan for outreach 

25 and implementation to reach children 


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1 who are maintained in child care for 

2 8 or more hours per day; and 

3 ‘‘(III) meet such other consider4 ations as determined by the Secretary. 

5 ‘‘(iii) OPERATIONAL REQUIRE6 MENTS.—The Secretary shall establish re7 quirements to ensure that meal services 

8 are operated in conformance with applica9 ble operational and oversight requirements 

10 determined by the Secretary. 

11 ‘‘(iv) REPORTING.—Not later than 4 

12 years after the date of the enactment of 

13 this subparagraph, the Secretary shall sub14 mit to the Committee on Education and 

15 Labor of the House of Representatives and 

16 the Committee on Agriculture, Nutrition, 

17 and Forestry, a report that describes— 

18 ‘‘(I) the impact of the additional 

19 meal service option under this sub20 paragraph on participation in the pro21 gram under this section; 

22 ‘‘(II) the monitoring and over23 sight requirements for administering 

24 an additional meal service for children 


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1 in care for more than 8 hours per 

2 day; 

3 ‘‘(III) the financial and adminis4 trative impact to service institutions 

5 participating in the program under 

6 this section; and 

7 ‘‘(IV) any additional information 

8 or legislative recommendations, as de9 termined by the Secretary.’’. 

10 Subtitle D—Special Supplemental 

11 Nutrition Program for Women, 

12 Infants, and Children 

13 SEC. 131. CERTIFICATION PERIODS. 

14 Section 17(d)(3)(A) of the Child Nutrition Act of 

15 1966 (42 U.S.C. 1786(d)(3)(A)) is amended by adding at 

16 the end the following: 

17 ‘‘(iii) CHILDREN.—A State may elect 

18 to certify participant children for a period 

19 of up to 1 year, if the State electing the 

20 option provided under this clause ensures 

21 that participant children receive required 

22 health and nutrition assessments.’’. 


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1 Subtitle E—Miscellaneous 

2 SEC. 141. CHILDHOOD HUNGER RESEARCH. 

3 The Richard B. Russell National School Lunch Act 

4 (42 U.S.C. 1751 et seq.) is amended by inserting after 

5 section 22 the following: 

6 ‘‘SEC. 23. CHILDHOOD HUNGER RESEARCH. 

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

8 CHILDHOOD HUNGER.—The Secretary shall conduct a re9 search program on— 

10 ‘‘(1) the causes of childhood hunger and food 

11 insecurity; 

12 ‘‘(2) the characteristics of households with 

13 childhood hunger and food insecurity; and 

14 ‘‘(3) the consequences of childhood hunger and 

15 food insecurity. 

16 ‘‘(b) AUTHORITY.—In carrying out research under 

17 subsection (a), the Secretary may— 

18 ‘‘(1) enter into competitively awarded contracts 

19 or cooperative agreements with eligible entities; or 

20 ‘‘(2) provide grants to eligible entities. 

21 ‘‘(c) ELIGIBLE ENTITY DEFINED.—For purposes of 

22 this section, the term ‘eligible entity’ means a— 

23 ‘‘(1) State; 

24 ‘‘(2) institution of higher education; or 


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1 ‘‘(3) public or private agency or organization, 

2 as determined by the Secretary. 

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

4 contract or cooperative agreement or receive a grant under 

5 this section, an eligible entity shall submit to the Secretary 

6 an application at such time, in such manner, and con7 taining such information as the Secretary shall require. 

8 ‘‘(e) AREAS OF INQUIRY.—The Secretary shall design 

9 the research program to advance knowledge and under10 standing on the issues described in subsection (a), which 

11 may include— 

12 ‘‘(1) economic, health, social, cultural, demo13 graphic, and other factors that contribute to child14 hood hunger or food insecurity; 

15 ‘‘(2) the geographic distribution of childhood 

16 hunger and food insecurity; 

17 ‘‘(3) the extent to which— 

18 ‘‘(A) existing Federal assistance programs, 

19 including the Internal Revenue Code of 1986, 

20 reduce childhood hunger and food insecurity; 

21 and 

22 ‘‘(B) childhood hunger and food insecurity 

23 persist due to— 

24 ‘‘(i) gaps in program coverage; 


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1 ‘‘(ii) the inability of potential partici2 pants to access programs; or 

3 ‘‘(iii) the insufficiency of program 

4 benefits or services; 

5 ‘‘(4) the public health and medical costs of 

6 childhood hunger and food insecurity; 

7 ‘‘(5) an estimate of the degree to which the 

8 measure of food insecurity based on the Current 

9 Population Survey conducted by the Census Bureau 

10 underestimates childhood hunger and food insecu11 rity; and 

12 ‘‘(6) the effects of childhood hunger on child 

13 development, well-being, educational attainment, and 

14 such other critical outcomes as are determined by 

15 the Secretary. 

16 ‘‘(f) FUNDING.— 

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

18 any funds in the Treasury not otherwise appro19 priated, the Secretary of the Treasury shall transfer 

20 to the Secretary to carry out this section 

21 $10,000,000, to remain available until expended. 

22 ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec23 retary shall be entitled to receive, shall accept, and 

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1 ferred under paragraph (1), without further appro2 priation.’’. 

3 SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE 

4 GRANTS. 

5 The Richard B. Russell National School Lunch Act 

6 (42 U.S.C. 1751 et seq.) is further amended by inserting 

7 after section 23 (as added by section 141) the following: 

8 ‘‘SEC. 24. STATE CHILDHOOD HUNGER CHALLENGE 

9 GRANTS. 

10 ‘‘(a) IN GENERAL.—From the amounts appropriated 

11 under subsection (k), the Secretary may competitively 

12 award grants, or enter into competitively awarded cooper13 ative agreements with, the Governors of States to carry 

14 out comprehensive and innovative demonstration projects 

15 to end childhood hunger, including projects that establish 

16 public-private partnerships and alternative models for 

17 service delivery that promote the reduction or elimination 

18 of childhood hunger by 2015. 

19 ‘‘(b) GRANT SIZE.—In determining the size of a 

20 grant to award to a Governor of a State under this section, 

21 the Secretary shall consider— 

22 ‘‘(1) the proportion of children in the State cer23 tified as eligible for free and reduced price meals 

24 under this Act; and 


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1 ‘‘(2) the rates of food insecurity, hunger, or 

2 poverty in the State, as determined by the Secretary. 

3 ‘‘(c) APPLICATION.—To be eligible to receive a grant 

4 or cooperative agreement under this section, a Governor 

5 of a State shall submit to the Secretary an application 

6 at such time, in such manner, and containing such infor7 mation as the Secretary may require. 

8 ‘‘(d) PROJECTS.—A Governor of a State receiving 

9 funds under this section shall use such funds to carry out 

10 a demonstration project based on a comprehensive and in11 novative strategy to end childhood hunger, including a 

12 project that— 

13 ‘‘(1) enhances benefits or provides for innova14 tive program delivery models in the Federal child 

15 nutrition programs, including school meal programs, 

16 afterschool or out-of-school meal service programs, 

17 summer feeding programs, weekend feeding pro18 grams, child and adult care food programs, and the 

19 Special Supplemental Nutrition Program for 

20 Women, Infants, and Children established under the 

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

22 seq.). 

23 ‘‘(2) increase access and participation in Fed24 eral child nutrition programs; and 


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1 ‘‘(3) improve the coordination of Federal, State, 

2 and community resources and services aimed at 

3 eliminating childhood food insecurity and hunger, in4 cluding Federal child nutrition programs, other Fed5 eral, State, or local assistance programs and serv6 ices, and private or nonprofit assistance efforts. 

7 ‘‘(e) SELECTION CRITERIA.— 

8 ‘‘(1) IN GENERAL.—The Secretary, in consulta9 tion with the Secretaries listed in paragraph (2), 

10 shall determine the range of projects to be funded 

11 under this section and evaluate applications sub12 mitted under subsection (c) based on publicly dis13 seminated criteria that may include— 

14 ‘‘(A) a description of the target population, 

15 including children certified as eligible for free or 

16 reduced price meals under this Act or section 4 

17 of the Child Nutrition Act of 1966 (42 U.S.C. 

18 1771 et seq.) that are at risk of experiencing 

19 hunger or food insecurity; 

20 ‘‘(B) a commitment to approaches that use 

21 rigorous methodologies for implementation and 

22 evaluation, as described in subsection (g); 

23 ‘‘(C) a comprehensive and innovative strat24 egy to reduce the risk of childhood hunger or 


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1 provide a significant improvement to the food 

2 security status of households with children; 

3 ‘‘(D) as part of the comprehensive and in4 novative strategy, a consideration of approaches 

5 to improve the nutritional status of children eli6 gible for free and reduced price meals under 

7 this Act or section 4 of the Child Nutrition Act 

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

9 ‘‘(E) a partnership among public and pri10 vate stakeholders that demonstrates a commit11 ment to collaborate toward ending childhood 

12 hunger through a coordinated plan; 

13 ‘‘(F) a preference for projects with a 25 

14 percent non-Federal match that may be pro15 vided in cash or fairly evaluated in-kind con16 tributions, including facilities, equipment, serv17 ices, or staffing from a State government, a 

18 local government, or a private source; and 

19 ‘‘(G) such other criteria as are determined 

20 by the Secretary. 

21 ‘‘(2) CONSULTATION.—The Secretary shall con22 sult with— 

23 ‘‘(A) the Secretary of Health and Human 

24 Services; 

25 ‘‘(B) the Secretary of Labor; 


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1 ‘‘(C) the Secretary of Education; and 

2 ‘‘(D) the Secretary of Housing and Urban 

3 Development. 

4 ‘‘(f) REQUIREMENTS.—A Governor of a State receiv5 ing funding under this section to carry out a demonstra6 tion project shall provide for— 

7 ‘‘(1) a collaboration among key stakeholders in 

8 the State, such as representatives from business, 

9 nonprofits, faith- and community-based organiza10 tions, institutions of higher education, the philan11 thropic sector, and public agencies that oversee Fed12 eral child nutrition programs, education, housing, 

13 public health, and other social service programs; 

14 ‘‘(2) a collaborative planning process that re15 sults in a comprehensive agenda to eliminate child16 hood hunger that is— 

17 ‘‘(A) described in a detailed project plan; 

18 and 

19 ‘‘(B) provided to the Secretary for ap20 proval; 

21 ‘‘(3) an annual budget; 

22 ‘‘(4) specific performance goals, including the 

23 goal to sharply reduce or eliminate food insecurity 

24 among children in the State by 2015, as determined 


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1 through a methodology prescribed by the Secretary 

2 and carried out by the Governor; and 

3 ‘‘(5) an independent evaluation described in 

4 subsection (g). 

5 ‘‘(g) EVALUATION.—Each Governor of a State car6 rying out a project with funds under this section shall 

7 carry out an independent evaluation that measures and 

8 evaluates the impact of any activities carried out under 

9 the project on the rate of childhood food insecurity in the 

10 State that— 

11 ‘‘(1) includes a preimplementation baseline and 

12 annual measurements taken during the project of 

13 the level of food insecurity in the State; 

14 ‘‘(2) is carried out using a scientifically valid 

15 methodology prescribed by the Secretary, including 

16 random assignment or other methods that are capa17 ble of producing scientifically valid information, to 

18 determine which activities are effective in reducing 

19 the prevalence or preventing the incidence of food in20 security and hunger in the community, especially 

21 among children; and 

22 ‘‘(3) evaluates the impact of the project on ap23 propriate participation, food security, nutrition, and 

24 associated behavioral outcomes among participating 

25 children. 


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1 ‘‘(h) REPORTING.—Not later than December 31, 

2 2011, and each December 31 thereafter until the date on 

3 which the last evaluation under subsection (g) of a project 

4 funded under this section is completed, the Secretary 

5 shall— 

6 ‘‘(1) submit to the Committee on Education 

7 and Labor of the House of Representatives and the 

8 Committee on Agriculture, Nutrition, and Forestry 

9 of the Senate a report that includes a description 

10 of— 

11 ‘‘(A) the status of each demonstration 

12 project carried out with funds under this sec13 tion; and 

14 ‘‘(B) the results of any evaluations of the 

15 demonstration projects completed during the 

16 previous fiscal year; and 

17 ‘‘(2) ensure that the evaluation results are 

18 shared broadly to inform policy makers, service pro19 viders, other partners, and the public in order to 

20 promote the wide use of successful strategies. 

21 ‘‘(i) LIMITATIONS.— 

22 ‘‘(1) DURATION.—No project may be funded 

23 under this section for more than 5 years. 


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1 ‘‘(2) NUMBER OF PROJECT.—No Governor of a 

2 State may receive funds under this section to carry 

3 out more than 1 project. 

4 ‘‘(3) PERFORMANCE BASIS.—Funds provided 

5 under this section shall be made available to a Gov6 ernor of a State for each year of the grant or con7 tract awarded to such Governor of a State. The 

8 amount of funds provided for each year shall be con9 tingent on the satisfactory implementation of the 

10 project plan submitted under subsection (f)(2) and 

11 progress towards the performance goals defined in 

12 the plan. 

13 ‘‘(4) OTHER BENEFITS.—Funds made available 

14 under this section may not be used for any project 

15 in a manner that is inconsistent with— 

16 ‘‘(A) the Child Nutrition Act of 1966 (42 

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

18 ‘‘(B) the Food and Nutrition Act of 2008 

19 (7 U.S.C. 2011 et seq.); or 

20 ‘‘(C) the Emergency Food Assistance Act 

21 of 1983 (7 U.S.C. 7501 et seq.). 

22 ‘‘(j) DEFINITIONS.—In this section: 

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

24 under the age of 18. 


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1 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means a public or private agency or organiza3 tion, as determined by the Secretary. 

4 ‘‘(3) GOVERNOR OF A STATE.—The term ‘Gov5 ernor of a State’ means— 

6 ‘‘(A) a Governor of a State; or 

7 ‘‘(B) an eligible entity approved by a Gov8 ernor of a State. 

9 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated $50,000,000 to carry 

11 out this section for fiscal years 2011 through 2015, to re12 main available until September 30, 2015.’’. 

13 SEC. 143. POLICIES AND PRACTICES TO PREVENT OVERT 

14 IDENTIFICATION. 

15 Section 9(b)(10) of the Richard B. Russell National 

16 School Lunch Act (42 U.S.C. 1758(b)(10)) is amended to 

17 read as follows: 

18 ‘‘(10) PROHIBITION OF OVERT IDENTIFICA19 TION.— 

20 ‘‘(A) IN GENERAL.—A school participating 

21 in the school lunch program under this Act 

22 shall not— 

23 ‘‘(i) physically segregate, or otherwise 

24 discriminate against, any child eligible for 

25 a free or reduced price meal under this Act 


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1 or section 4 of the Child Nutrition Act of 

2 1966 (42 U.S.C. 1773); or 

3 ‘‘(ii) overtly identify any child by spe4 cial tokens or tickets, announced or pub5 lished list of names, or by other means, as 

6 determined by the Secretary. 

7 ‘‘(B) AVAILABILITY OF REIMBURSABLE

8 MEALS FOR ELIGIBLE CHILDREN.— 

9 ‘‘(i) IN GENERAL.—Consistent with 

10 the provisions of this paragraph, each local 

11 educational agency shall notify parents and 

12 guardians in writing of the policies with re13 spect to providing meals under this Act or 

14 section 4 of the Child Nutrition Act of 

15 1966 (42 U.S.C. 1773) to children— 

16 ‘‘(I) who do not have sufficient 

17 funds to purchase a paid or reduced 

18 price meal; or 

19 ‘‘(II) who are members of house20 holds that have an outstanding debt 

21 owed to the local educational agency 

22 for a reimbursable meal. 

23 ‘‘(ii) FREE MEALS.—All children who 

24 are certified as eligible for free meals shall 

25 be offered the reimbursable meal that is 


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1 made available by the child’s school on any 

2 day, regardless of any unpaid fees. 

3 ‘‘(iii) REDUCED PRICE MEALS.—All 

4 children who are certified as eligible for re5 duced price meals shall be offered the re6 imbursable meal that is made available by 

7 the child’s school on any day, if a child 

8 pays the reduced price meal charge for 

9 that day, regardless of any unpaid fees. 

10 ‘‘(iv) PAID MEALS.—All children who 

11 are not eligible for free or reduced price 

12 meals shall be offered the reimbursable 

13 meal that is made available by the child’s 

14 school on any day, if a child pays the paid 

15 meal charge for that day, regardless of any 

16 unpaid fees. 

17 ‘‘(v) HOUSEHOLDS IN ARREARS.—For 

18 a child from a household that has out19 standing debt owed to a local educational 

20 agency for a reimbursable meal, the local 

21 educational agency— 

22 ‘‘(I) shall promptly notify the 

23 parent or guardian of such household 

24 of the amount of the debt and how to 

25 rectify the debt, and conduct follow-up 


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1 communication with the parent or 

2 guardian as necessary to carry out 

3 such notification; 

4 ‘‘(II) shall attempt to directly 

5 certify, under paragraph (4) and (5), 

6 the child; 

7 ‘‘(III) if direct certification pur8 suant to subclause (II) is not prac9 ticable or successful and such house10 hold does not have an approved house11 hold application on file with the agen12 cy, shall provide a household applica13 tion and related materials to such 

14 household; and 

15 ‘‘(IV) may attempt to collect un16 paid reimbursable meal fees from such 

17 household. 

18 ‘‘(C) STUDY ON CURRENT PRACTICES.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall assess policies and practices at the 

21 State, local educational agency, and school 

22 food authority level in effect as of the date 

23 of enactment of the Improving Nutrition 

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1 pact the overt identification of eligible chil2 dren, including policies and procedures— 

3 ‘‘(I) to attempt to directly certify 

4 as eligible for free meals, children 

5 from households that have an out6 standing debt owed to the local edu7 cational agency for a reimbursable 

8 meal; 

9 ‘‘(II) to collect payment from 

10 children for a reimbursable meal, in11 cluding children from households that 

12 have an outstanding debt owed to the 

13 local educational agency for such 

14 meal; 

15 ‘‘(III) to extend credit to children 

16 for the cost of purchasing a reimburs17 able meal if a child has insufficient 

18 funds to pay for such meal; 

19 ‘‘(IV) to provide children that 

20 have insufficient funds with an alter21 native meal other than the reimburs22 able meal offered; 

23 ‘‘(V) that may directly impact a 

24 child with insufficient funds in a man25 ner unassociated with school meal 


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1 service, such as withholding edu2 cational opportunities; and 

3 ‘‘(VI) that may directly or indi4 rectly result in the overt identification 

5 of students eligible for reimbursable 

6 meals, as determined by the Sec7 retary. 

8 ‘‘(ii) REPORT.—Not later than Octo9 ber 1, 2012, the Secretary shall submit to 

10 the Committee on Education and Labor of 

11 the House of Representatives and the 

12 Committee on Agriculture, Nutrition, and 

13 Forestry of the Senate a report that de14 scribes— 

15 ‘‘(I) findings of the assessment 

16 under clause (i); and 

17 ‘‘(II) recommendations for na18 tional standards for meal payment 

19 and food service policies and practices 

20 to ensure that children eligible for 

21 free or reduced price lunch or break22 fast are certified expeditiously 

23 throughout the school year and are 

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1 ations for feasibility, content, and im2 plementation. 

3 ‘‘(D) GUIDANCE.—After submitting the re4 port under subparagraph (C), the Secretary 

5 shall develop and provide guidance in the form 

6 of best practices consistent with this paragraph 

7 to States, school food authorities, and local edu8 cational agencies with regard to meal payment 

9 and food service policies and practices to ensure 

10 eligible children have access to free and reduced 

11 price meals and are not overtly identified. 

12 ‘‘(E) FURTHER ACTION.—The Secretary 

13 may— 

14 ‘‘(i) test through demonstration 

15 projects the recommendations from the re16 port submitted under subparagraph (C)(ii); 

17 or 

18 ‘‘(ii) implement national standards 

19 through regulations, which shall consider— 

20 ‘‘(I) the results of any dem21 onstration projects under clause (i); 

22 ‘‘(II) the impact of overt identi23 fication on children; 

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1 sistance in becoming certified for free 

2 or reduced school meals; and 

3 ‘‘(IV) the potential financial and 

4 administrative impact on school food 

5 authorities and local educational agen6 cies.’’. 

7 SEC. 144. STUDY RELATING TO THE CHILD AND ADULT 

8 CARE FOOD PROGRAM. 

9 (a) STUDY.—The Secretary, acting through the Ad10 ministrator of the Food and Nutrition Service, shall carry 

11 out a study of States participating in an afterschool at12 risk meal service program under the child and adult care 

13 food program established under section 17(r) of the Rich14 ard B. Russell National School Lunch Act (42 U.S.C. 

15 1766). 

16 (b) REPORT.—Not later than 1 year after the date 

17 of enactment of this Act, the Secretary shall submit to 

18 Congress, and make available on the Web site of the Food 

19 and Nutrition Service, a report that describes— 

20 (1) the results of the study; 

21 (2) best practices of States in soliciting spon22 sors for an afterschool at-risk meal service program 

23 described in subsection (a); and 


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1 (3) any Federal or State laws or requirements 

2 that may be a barrier to participation in the pro3 gram. 

4 SEC. 145. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. 

5 Section 18 of the Richard B. Russell National School 

6 Lunch Act (42 U.S.C. 1769) is amended by adding at the 

7 end the following: 

8 ‘‘(j) WEEKENDS AND HOLIDAYS WITHOUT HUN9 GER.— 

10 ‘‘(1) ESTABLISHMENT.—From the amounts ap11 propriated under paragraph (7), the Secretary shall 

12 carry out a pilot program under which the Secretary 

13 shall provide commodities to eligible institutions to 

14 carry out projects to provide nutritious food to at15 risk school children on weekends and during ex16 tended school holidays during the school year. 

17 ‘‘(2) ELIGIBILITY.— 

18 ‘‘(A) IN GENERAL.—To be eligible to re19 ceive commodities under this subsection, an eli20 gible institution shall submit an application to 

21 the Secretary at such time, in such manner, 

22 and containing such information as the Sec23 retary may determine. 

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1 gible institution for the distribution of nutri2 tious foods to at-risk school children, includ3 ing— 

4 ‘‘(i) methods of food service delivery 

5 to at-risk school children; 

6 ‘‘(ii) assurances that children receiv7 ing foods under the project will not be pub8 licly separated or overtly identified; 

9 ‘‘(iii) lists of the types of food to be 

10 provided under the project and provisions 

11 to ensure food quality and safety; 

12 ‘‘(iv) information on the number of 

13 at-risk school children to be served and the 

14 per-child cost of providing the children 

15 with food; and 

16 ‘‘(v) such other information as the 

17 Secretary determines to be necessary to as18 sist the Secretary in evaluating projects 

19 that receive commodities under this sub20 section. 

21 ‘‘(3) PRIORITY.—In selecting applications under 

22 this subsection, the Secretary shall give priority to 

23 eligible institutions that— 


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1 ‘‘(A) have on-going programs and experi2 ence serving populations with significant pro3 portions of at-risk school children; 

4 ‘‘(B) have a good record of experience in 

5 food delivery and food safety systems; 

6 ‘‘(C) maintain high quality control, ac7 countability, and recordkeeping standards; 

8 ‘‘(D) provide children with readily 

9 consumable food of high nutrient content and 

10 quality; 

11 ‘‘(E) demonstrate cost efficiencies and the 

12 potential for obtaining supplemental funding 

13 from non-Federal sources to carry out projects; 

14 and 

15 ‘‘(F) demonstrate the ability to continue 

16 projects for the full approved term of the pilot 

17 project period. 

18 ‘‘(4) GUIDELINES.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 issue guidelines containing the criteria for 

21 projects to receive commodities under this sec22 tion. 

23 ‘‘(B) INCLUSIONS.—The guidelines shall, 

24 to the maximum extent practicable within the 


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1 funds available and applications submitted, take 

2 into account— 

3 ‘‘(i) geographical variations in project 

4 locations to include qualifying projects in 

5 rural, urban, and suburban areas with high 

6 proportions of families with at-risk school 

7 children; 

8 ‘‘(ii) different types of projects that 

9 offer nutritious foods on weekends and 

10 during school holidays to at-risk school 

11 children; and 

12 ‘‘(iii) institutional capacity to collect, 

13 maintain, and provide statistically valid in14 formation necessary for the Secretary— 

15 ‘‘(I) to analyze and evaluate the 

16 results of the pilot project; and 

17 ‘‘(II) to make recommendations 

18 to Congress. 

19 ‘‘(5) EVALUATION.— 

20 ‘‘(A) INTERIM EVALUATION.—Not later 

21 than November 30, 2013, the Secretary shall 

22 complete an interim evaluation of the pilot pro23 gram carried out under this subsection. 


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1 ‘‘(B) FINAL REPORT.—Not later than De2 cember 31, 2015, the Secretary shall submit to 

3 Congress a final report that contains— 

4 ‘‘(i) an evaluation of the pilot pro5 gram carried out under this subsection; 

6 and 

7 ‘‘(ii) any recommendations of the Sec8 retary for legislative action. 

9 ‘‘(6) DEFINITIONS.—In this subsection: 

10 ‘‘(A) AT-RISK SCHOOL CHILD.—The term 

11 ‘at-risk school child’ has the meaning given the 

12 term in section 17(r)(1). 

13 ‘‘(B) ELIGIBLE INSTITUTION.— 

14 ‘‘(i) IN GENERAL.—The term ‘eligible 

15 institution’ means a public or private non16 profit institution that is determined by the 

17 Secretary to be able to meet safe food stor18 age, handling, and delivery standards es19 tablished by the Secretary. 

20 ‘‘(ii) INCLUSIONS.—The term ‘eligible 

21 institution’ includes— 

22 ‘‘(I) an elementary or secondary 

23 school or school food service authority; 

24 ‘‘(II) a food bank or food pantry; 

25 ‘‘(III) a homeless shelter; and 


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1 ‘‘(IV) such other type of emer2 gency feeding agency as is approved 

3 by the Secretary. 

4 ‘‘(7) FUNDING.—There are authorized to be ap5 propriated such sums as may be necessary to carry 

6 out this subsection for each of fiscal years 2011 

7 through 2015.’’. 

8 TITLE II—IMPROVING 

9 NUTRITION QUALITY 

10 Subtitle A—School Nutrition 

11 Programs 

12 SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE 

13 INCREASES FOR NEW MEAL PATTERNS. 

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

15 School Lunch Act (42 U.S.C. 1753(b)) is amended by add16 ing at the end the following: 

17 ‘‘(3) ADDITIONAL REIMBURSEMENT.— 

18 ‘‘(A) REGULATIONS.— 

19 ‘‘(i) PROPOSED REGULATIONS.—Not20 withstanding section 9(f), not later than 

21 18 months after the date of enactment of 

22 this paragraph, the Secretary shall promul23 gate proposed regulations to update the 

24 meal patterns and nutrition standards for 

25 the school lunch program authorized under 


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1 this Act and the school breakfast program 

2 established by section 4 of the Child Nutri3 tion Act of 1966 (42 U.S.C. 1773) based 

4 on recommendations made by the Food 

5 and Nutrition Board of the National Re6 search Council of the National Academy of 

7 Sciences. 

8 ‘‘(ii) INTERIM OR FINAL REGULA9 TIONS.— 

10 ‘‘(I) IN GENERAL.—Not later 

11 than 18 months after promulgation of 

12 the proposed regulations under clause 

13 (i), the Secretary shall promulgate in14 terim or final regulations. 

15 ‘‘(II) DATE OF REQUIRED COM16 PLIANCE.—The Secretary shall estab17 lish in the interim or final regulations 

18 a date by which all school food au19 thorities participating in the school 

20 lunch program authorized under this 

21 Act and the school breakfast program 

22 established by section 4 of the Child 

23 Nutrition Act of 1966 (42 U.S.C. 

24 1773) are required to comply with the 

25 meal pattern and nutrition standards 


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1 established in the interim or final reg2 ulations. 

3 ‘‘(iii) REPORT TO CONGRESS.—Not 

4 later than 90 days after the date of enact5 ment of this paragraph, and each 90 days 

6 thereafter until the Secretary has promul7 gated interim or final regulations under 

8 clause (ii), the Secretary shall submit to 

9 the Committee on Education and Labor of 

10 the House of Representatives and the 

11 Committee on Agriculture, Nutrition, and 

12 Forestry of the Senate a quarterly report 

13 on progress made toward promulgation of 

14 the regulations described in this subpara15 graph. 

16 ‘‘(B) PERFORMANCE-BASED REIMBURSE17 MENT RATE INCREASE.—Beginning on the later 

18 of the date of promulgation of the interim or 

19 final regulations described in subparagraph 

20 (A)(ii), the date of enactment of this para21 graph, or October 1, 2012, the Secretary shall 

22 provide additional reimbursement for each 

23 lunch served in school food authorities deter24 mined to be eligible under subparagraph (D). 

25 ‘‘(C) ADDITIONAL REIMBURSEMENT.— 


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1 ‘‘(i) IN GENERAL.—Each lunch served 

2 in school food authorities determined to be 

3 eligible under subparagraph (D) shall re4 ceive an additional 6 cents, adjusted in ac5 cordance with section 11(a)(3), to the na6 tional lunch average payment for each 

7 lunch served. 

8 ‘‘(ii) DISBURSEMENT.—The State 

9 agency shall disburse funds made available 

10 under this paragraph to school food au11 thorities eligible to receive additional reim12 bursement. 

13 ‘‘(D) ELIGIBLE SCHOOL FOOD AUTHOR14 ITY.—To be eligible to receive an additional re15 imbursement described in this paragraph, a 

16 school food authority shall be certified by the 

17 State to be in compliance with the interim or 

18 final regulations described in subparagraph 

19 (A)(ii). 

20 ‘‘(E) FAILURE TO COMPLY.—Beginning on 

21 the later of the date described in subparagraph 

22 (A)(ii)(II), the date of enactment of this para23 graph, or October 1, 2012, school food authori24 ties found to be out of compliance with the 

25 meal patterns or nutrition standards established 


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1 by the interim or final regulations shall not re2 ceive the additional reimbursement for each 

3 lunch served described in this paragraph. 

4 ‘‘(F) ADMINISTRATIVE COSTS.— 

5 ‘‘(i) IN GENERAL.—Subject to clauses 

6 (ii) and (iii), the Secretary shall make 

7 funds available to States for State activi8 ties related to training, technical assist9 ance, certification, and oversight activities 

10 of this paragraph. 

11 ‘‘(ii) PROVISION OF FUNDS.—The 

12 Secretary shall provide funds described in 

13 clause (i) to States administering a school 

14 lunch program in a manner proportional 

15 with each State’s administrative expense 

16 allocation under section 7(a)(2) of the 

17 Child Nutrition Act of 1966 (42 U.S.C. 

18 1776(a)(2)). 

19 ‘‘(iii) FUNDING.— 

20 ‘‘(I) IN GENERAL.—In the later 

21 of the fiscal year in which the interim 

22 or final regulations described in sub23 paragraph (A)(ii) are promulgated or 

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1 quent fiscal year, the Secretary shall 

2 use not more than $50,000,000 of 

3 funds made available under section 3 

4 to make payments to States described 

5 in clause (i). 

6 ‘‘(II) RESERVATION.—In pro7 viding funds to States under clause 

8 (i), the Secretary may reserve not 

9 more than $3,000,000 per fiscal year 

10 to support Federal administrative ac11 tivities to carry out this paragraph.’’. 

12 SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK. 

13 (a) Section 9(a)(2)(A) of the Richard B. Russell Na14 tional School Lunch Act (42 U.S.C. 1758(a)(2)(A)) is 

15 amended by amending clause (i) to read as follows: 

16 ‘‘(i) subject to standards established 

17 by the Secretary, shall offer students a va18 riety of fluid milk, which shall be con19 sistent with the most recent Dietary 

20 Guidelines for Americans published under 

21 section 301 of the National Nutrition Mon22 itoring and Related Research Act of 1990 

23 (7 U.S.C. 5341);’’. 


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1 (b) Section 9(a)(2)(B) of the Richard B. Russell Na2 tional School Lunch Act (42 U.S.C. 1758(a)(2)(B)) is 

3 amended by amending clause (ii) to read as follows: 

4 ‘‘(ii) NOTICE.—The substitutions may 

5 be made if the school notifies the State 

6 agency that the school is implementing a 

7 variation allowed under this subparagraph, 

8 and if the substitution is requested by a 

9 medical authority or by a student’s parent 

10 or legal guardian, except that the school 

11 shall not be required to provide beverages 

12 other than beverages the school has identi13 fied as acceptable substitutes.’’. 

14 SEC. 203. WATER. 

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

16 School Lunch Act (42 U.S.C. 1758(a)) is amended by add17 ing at the end the following: 

18 ‘‘(5) WATER.—Schools participating in the 

19 school lunch program under this Act shall make 

20 available to children free of charge, as nutritionally 

21 appropriate, potable water for consumption in the 

22 place where meals are served during meal service.’’. 


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1 SEC. 204. NUTRITION STANDARDS FOR ALL FOODS SOLD IN 

2 SCHOOL. 

3 Section 10 of the Child Nutrition Act of 1966 (42 

4 U.S.C. 1779) is amended— 

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

6 follows through ‘‘(a) The Secretary’’ and inserting 

7 the following: 

8 ‘‘SEC. 10. REGULATIONS. 

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

10 (2) by striking subsection (b) and inserting the 

11 following: 

12 ‘‘(b) NATIONAL SCHOOL NUTRITION STANDARDS.— 

13 ‘‘(1) REGULATIONS.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 establish science-based nutrition standards for 

16 foods sold in schools other than foods provided 

17 under this Act and the Richard B. Russell Na18 tional School Lunch Act (42 U.S.C. 1751 et 

19 seq.). 

20 ‘‘(B) APPLICATION.—The nutrition stand21 ards shall apply to all foods sold— 

22 ‘‘(i) outside the school meal programs 

23 under this Act and the Richard B. Russell 

24 National School Lunch Act (42 U.S.C. 

25 1751 et seq.); 

26 ‘‘(ii) on the school campus; and 


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1 ‘‘(iii) at any time during the extended 

2 school day, including the official school day 

3 and the time before and after the official 

4 school day when events or activities are 

5 primarily under the control of the school or 

6 a third party on behalf of the school, ex7 cept for school-sponsored events or activi8 ties before and after the official school day 

9 where parents and adults are a significant 

10 proportion of the participants or the audi11 ence. 

12 ‘‘(C) REQUIREMENTS.—In establishing nu13 trition standards under this paragraph, the Sec14 retary shall— 

15 ‘‘(i) establish standards that are con16 sistent with the goals of the most recent 

17 Dietary Guidelines for Americans pub18 lished under section 301 of the National 

19 Nutrition Monitoring and Related Re20 search Act of 1990 (7 U.S.C. 5341) (in 

21 this subsection referred to as the ‘Dietary 

22 Guidelines’), including the provisions re23 lated to food groups to encourage and nu24 trients of concern; and 

25 ‘‘(ii) consider— 


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1 ‘‘(I) authoritative scientific rec2 ommendations for nutrition standards; 

3 ‘‘(II) existing school nutrition 

4 standards, including voluntary stand5 ards for beverages and snack foods, 

6 and State and local standards; 

7 ‘‘(III) the practical application of 

8 the nutrition standards; and 

9 ‘‘(IV) special exemptions for 

10 school-sponsored fundraisers (other 

11 than fundraising through vending ma12 chines, school stores, snack bars, a la 

13 carte sales, and any other exclusions 

14 determined by the Secretary), if the 

15 fundraisers are approved by the school 

16 and— 

17 ‘‘(aa) are infrequent within 

18 the school during the official 

19 school day; or 

20 ‘‘(bb) occur at any time out21 side of the official school day. 

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

23 practicable after the date of publication by the 

24 Department of Agriculture and the Department 

25 of Health and Human Services of a new edition 


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1 of the Dietary Guidelines, the Secretary shall 

2 review and update as necessary the school nu3 trition standards and requirements established 

4 under this subsection. 

5 ‘‘(2) IMPLEMENTATION.— 

6 ‘‘(A) PROPOSED REGULATIONS.—Not later 

7 than 18 months after the date of enactment of 

8 this paragraph, the Secretary shall promulgate 

9 proposed regulations to carry out paragraph 

10 (1). 

11 ‘‘(B) EFFECTIVE DATE.—Not later than 

12 18 months after promulgating proposed regula13 tions, the Secretary shall promulgate interim 

14 final regulations or final regulations to carry 

15 out paragraph (1) that shall take effect at the 

16 beginning of the school year that is not earlier 

17 than 1 year and not later than 2 years fol18 lowing the date on which the interim final regu19 lations or final regulations, as applicable, are 

20 published in the Federal Register. 

21 ‘‘(C) REPORTING.—The Secretary shall 

22 submit to the Committee on Agriculture, Nutri23 tion, and Forestry of the Senate and the Com24 mittee on Education and Labor of the House of 

25 Representatives a quarterly report that deVerDate Mar 15 2010 21:12 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H5504.IH H5504

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1 scribes progress made toward promulgating 

2 final regulations under this subsection.’’. 

3 SEC. 205. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTA4 TION. 

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

6 School Lunch Act is amended by inserting after section 

7 9 (42 U.S.C. 1758) the following: 

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

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

10 participating in a program authorized by this Act or the 

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

12 establish a local school wellness policy for all schools under 

13 the jurisdiction of the local educational agency. 

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

15 regulations that provide the framework and guidelines for 

16 local educational agencies to establish local school wellness 

17 policies, including, at a minimum— 

18 ‘‘(1) goals for nutrition promotion and edu19 cation, physical activity and education, and other 

20 school-based activities that promote student 

21 wellness; 

22 ‘‘(2) nutrition guidelines for all foods available 

23 on each school campus under the jurisdiction of the 

24 local educational agency during the school day 

25 that— 


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1 ‘‘(A) are consistent with sections 9 and 17 

2 of this Act, and sections 4 and 10 of the Child 

3 Nutrition Act of 1966 (42 U.S.C. 1773, 1779); 

4 and 

5 ‘‘(B) promote student health and wellness; 

6 ‘‘(3) a requirement that the local educational 

7 agency designate a standing local wellness policy 

8 committee comprised of parents, students, represent9 atives of the school food authority, teachers of phys10 ical education, school health professionals, the school 

11 board, school administrators, and the general public 

12 to participate in the development, implementation, 

13 and periodic review and update of the local school 

14 wellness policy; 

15 ‘‘(4) a requirement that the local educational 

16 agency inform and update the public (including par17 ents, students, and others in the community) about 

18 the content and progress on the implementation of 

19 the local school wellness policy; and 

20 ‘‘(5) a requirement that the local educational 

21 agency— 

22 ‘‘(A) periodically measure and make avail23 able to the public an assessment on the imple24 mentation of the local school wellness policy, in25 cluding— 


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1 ‘‘(i) the extent to which schools under 

2 the jurisdiction of the local educational 

3 agency are in compliance with the local 

4 school wellness policy; 

5 ‘‘(ii) the extent to which the local 

6 school wellness policy of the local edu7 cational agency compares to model local 

8 school wellness policies; 

9 ‘‘(iii) a description of the progress 

10 made in attaining the goals of the local 

11 school wellness policy; and 

12 ‘‘(iv) any proposed changes to the 

13 local wellness policy based on the periodic 

14 assessment under this paragraph; and 

15 ‘‘(B) designate 1 or more local educational 

16 agency officials or school officials, as appro17 priate, to ensure that each school complies with 

18 the local school wellness policy. 

19 ‘‘(c) LOCAL DISCRETION.—The local educational 

20 agency shall use the guidelines promulgated by the Sec21 retary under subsection (b) to determine specific policies 

22 appropriate for the schools under the jurisdiction of the 

23 local educational agency. 

24 ‘‘(d) TECHNICAL ASSISTANCE AND BEST PRAC25 TICES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the Secretary of Education and the Sec3 retary of Health and Human Services, acting 

4 through the Centers for Disease Control and Preven5 tion, shall provide information and technical assist6 ance to local educational agencies, school food au7 thorities, and State educational agencies for use in 

8 establishing healthy school environments that are in9 tended to promote student health and wellness. 

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

11 technical assistance that— 

12 ‘‘(A) includes resources and training on de13 signing, promoting, implementing, dissemi14 nating, and evaluating local school wellness 

15 policies and overcoming barriers to the adoption 

16 of local school wellness policies; 

17 ‘‘(B) includes model local school wellness 

18 policies and best practices recommended by 

19 Federal agencies, State agencies, and non20 governmental organizations; 

21 ‘‘(C) includes such other technical assist22 ance as is required to promote sound nutrition 

23 and establish healthy school environments; and 

24 ‘‘(D) is consistent with the specific needs 

25 and requirements of local educational agencies. 


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1 ‘‘(3) FUNDING.— 

2 ‘‘(A) IN GENERAL.—On October 1, 2010, 

3 and on each October 1 thereafter through Octo4 ber 1, 2014, out of any funds in the Treasury 

5 not otherwise appropriated, the Secretary of the 

6 Treasury shall transfer to the Secretary to 

7 carry out this subsection $500,000, to remain 

8 available until expended. 

9 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

10 Secretary shall be entitled to receive, shall ac11 cept, and shall use to carry out this paragraph 

12 the funds transferred under subparagraph (A), 

13 without further appropriation. 

14 ‘‘(e) REPORT.— 

15 ‘‘(1) IN GENERAL.—Subject to the availability 

16 of appropriations, the Secretary, in conjunction with 

17 the Secretary of Education and the Secretary of 

18 Health and Human Services (acting through Direc19 tor of the Centers for Disease Control and Preven20 tion), shall prepare a report on the implementation, 

21 strength, and effectiveness of the local school 

22 wellness policies carried out in accordance with this 

23 section. 


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1 ‘‘(2) REPORT ON LOCAL SCHOOL WELLNESS

2 POLICIES.—The study described in paragraph (1) 

3 shall include— 

4 ‘‘(A) an analysis of the strength and weak5 nesses of local school wellness policies and how 

6 the policies compare with model local wellness 

7 policies recommended under subsection 

8 (d)(2)(B); and 

9 ‘‘(B) an assessment of the impact of the 

10 local school wellness policies in addressing the 

11 requirements of subsection (b). 

12 ‘‘(3) REPORT.—Not later than January 1, 

13 2014, the Secretary shall submit to the Committee 

14 on Agriculture, Nutrition, and Forestry of the Sen15 ate and the Committee on Education and Labor of 

16 the House of Representatives, a report that de17 scribes the findings of the study. 

18 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to carry out 

20 this subsection $3,000,000 for fiscal year 2011, to 

21 remain available until expended.’’. 

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

23 WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; 

24 Public Law 108–265) is repealed. 


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1 SEC. 206. INFORMATION ON THE SCHOOL WELLNESS ENVI2 RONMENT. 

3 Section 9 of the Richard B. Russell School Lunch Act 

4 (42 U.S.C. 1758) is amended by adding at the end the 

5 following: 

6 ‘‘(k) INFORMATION ON THE SCHOOL WELLNESS EN7 VIRONMENT.— 

8 ‘‘(1) IN GENERAL.—The Secretary, in consulta9 tion with the Secretary of Education and the Sec10 retary of Health and Human Services, shall estab11 lish requirements for local educational agencies and 

12 States participating in the lunch program under this 

13 Act to report, on a periodic basis, to the Secretary 

14 and the general public, information about the school 

15 wellness environment with respect to all schools 

16 under the jurisdiction of such agencies and States. 

17 ‘‘(2) REQUIREMENTS.—In establishing report18 ing requirements under paragraph (1), the Secretary 

19 shall require each local educational agency described 

20 in such paragraph to report on— 

21 ‘‘(A) information pertaining to the school 

22 nutrition programs, including food safety in23 spections, local wellness policies, meal program 

24 participation, the nutritional quality of program 

25 meals, nutrition education, and other informa26 tion as determined by the Secretary; and 


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1 ‘‘(B) information pertaining to physical ac2 tivity and education, including— 

3 ‘‘(i) whether all elementary school and 

4 secondary school students enrolled in the 

5 schools under the jurisdiction of such agen6 cy meet age-appropriate physical education 

7 recommendations, consistent with— 

8 ‘‘(I) national guidelines estab9 lished by the Centers for Disease Con10 trol and Prevention of the Depart11 ment of Health and Human Services; 

12 or 

13 ‘‘(II) the requirements of the 

14 State in which the schools are located; 

15 ‘‘(ii) a description of the amount of 

16 time that such students are required to 

17 spend in physical education, disaggregated 

18 by grade level, including information on 

19 criteria— 

20 ‘‘(I) for granting students a 

21 waiver or exemption; or 

22 ‘‘(II) allowing a substitution for 

23 the requirement; and 


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1 ‘‘(iii) any such other information re2 lated to physical activity and education as 

3 determined by the Secretary. 

4 ‘‘(3) REPORTING.— 

5 ‘‘(A) LOCAL EDUCATIONAL AGENCY.— 

6 Each local educational agency described in 

7 paragraph (1) shall report to the applicable 

8 State and general public, the information de9 scribed in paragraphs (1) and (2), in accord10 ance with the requirements established by the 

11 Secretary under paragraph (4). 

12 ‘‘(B) STATE.—Each State receiving infor13 mation under subparagraph (A) shall report 

14 such information to the Secretary, in accord15 ance with the requirements described in para16 graph (4). 

17 ‘‘(C) PUBLIC ACCESS.—The Secretary 

18 shall make publicly available the information re19 ceived from each State under subparagraph 

20 (B). 

21 ‘‘(4) REQUIREMENTS.—The Secretary shall es22 tablish requirements for reporting under subpara23 graphs (A) and (B) of paragraph (3) that— 

24 ‘‘(A) ensure that the information described 

25 in paragraph (2) is reported in such way that 


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1 prevents unnecessary or duplicative reporting 

2 by a local educational agency or State; and 

3 ‘‘(B) require any information reported to 

4 the general public under paragraph (3)(A) to be 

5 reported in an accessible, plain-language man6 ner. 

7 ‘‘(5) TECHNICAL ASSISTANCE.—The Secretary 

8 shall provide technical assistance to States and local 

9 educational agencies on meeting the requirements of 

10 this subsection.’’. 

11 SEC. 207. STATE NUTRITION AND WELLNESS PROMOTION. 

12 Section 5 of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1754) is amended to read as fol14 lows: 

15 ‘‘SEC. 5. NUTRITION AND WELLNESS PROMOTION. 

16 ‘‘(a) IN GENERAL.—On October 1, 2010, and each 

17 October 1 thereafter, the Secretary shall make payments 

18 for each fiscal year to each State agency administering 

19 the lunch program under this Act, in accordance with sub20 section (b)(1), to promote nutrition and wellness in food 

21 service programs under this Act and the school breakfast 

22 program established under section 4 of the Child Nutrition 

23 Act of 1966 (42 U.S.C. 1773). 

24 ‘‘(b) STATE NUTRITION PROMOTION FUNDING.— 


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

2 each State agency described in subsection (a) a payment for each fiscal year in an amount equal to 1 3 ⁄2

4 cent per lunch reimbursed through the lunch pro5 gram under this Act during the second preceding fis6 cal year in the State, to carry out the nutrition and 

7 wellness promotion activities described in paragraph 

8 (2). 

9 ‘‘(2) USES OF FUNDS.—In accordance with 

10 guidance provided by the Secretary, a State agency 

11 shall use funds received under paragraph (1) to 

12 carry out activities that— 

13 ‘‘(A) support nutrition education and nu14 trition promotion, including through materials 

15 provided by the Secretary; 

16 ‘‘(B) provide technical assistance and guid17 ance to— 

18 ‘‘(i) support compliance with the nu19 tritional requirements for— 

20 ‘‘(I) the school lunch program 

21 under this Act; 

22 ‘‘(II) the school breakfast pro23 gram under section 4 of the Child Nu24 trition Act of 1966 (42 U.S.C. 1773); 

25 and 


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1 ‘‘(III) foods sold outside of the 

2 school lunch program and school 

3 breakfast program in accordance with 

4 section 10 of the Child Nutrition Act 

5 of 1966 (42 U.S.C. 1779); 

6 ‘‘(ii) encourage healthy eating by chil7 dren consistent with the most recent Die8 tary Guidelines for Americans published 

9 under section 301 of the National Nutri10 tion Monitoring and Related Research Act 

11 of 1990 (7 U.S.C. 5341); 

12 ‘‘(iii) promote student participation in 

13 the school lunch program and the school 

14 breakfast program; 

15 ‘‘(iv) promote age-appropriate oppor16 tunities for children to be physically active; 

17 and 

18 ‘‘(v) support the development, imple19 mentation, and assessment of local 

20 wellness policies established under section 

21 9(a); and 

22 ‘‘(C) provide subgrants to local educational 

23 agencies to support activities described under 

24 this paragraph based on guidance provided by 

25 the Secretary; 


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1 ‘‘(D) facilitate coordination and informa2 tion sharing across Federal child nutrition pro3 grams in the State; 

4 ‘‘(E) coordinate with any team nutrition 

5 network activities conducted under section 19 of 

6 the Child Nutrition Act of 1966 (42 U.S.C. 

7 1788); and 

8 ‘‘(F) such other purposes as determined by 

9 the Secretary. 

10 ‘‘(3) DOCUMENTATION.—A State agency receiv11 ing funds under this section shall maintain docu12 mentation of the nutrition and wellness promotion 

13 activities carried out under this section. 

14 ‘‘(c) REALLOCATION.—The Secretary may reallocate 

15 to carry out this section, any amount made available to 

16 carry out this section that are not obligated or expended, 

17 as determined by the Secretary. 

18 ‘‘(d) REPORT.—Not later than October 1, 2014, the 

19 Secretary shall submit to the Committee on Education and 

20 Labor of the House of Representative and the Committee 

21 on Agriculture, Nutrition, and Forestry of the Senate a 

22 report describing and assessing the school nutrition and 

23 wellness promotion activities and initiatives carried out 

24 under this section. 


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1 ‘‘(e) FUNDING.—There are authorized to be appro2 priated, and there are appropriated, out of any money in 

3 the Treasury not otherwise appropriated, for the Secretary 

4 to carry out this section, such sums as may be necessary 

5 for fiscal year 2011 and each succeeding fiscal year.’’. 

6 SEC. 208. ACCESS TO LOCAL FOODS: FARM TO SCHOOL. 

7 Section 18 of the Richard B. Russell National School 

8 Lunch Act (42 U.S.C. 1769) is amended— 

9 (1) by redesignating subsections (h) through (j) 

10 as subsections (j) through (l), respectively; 

11 (2) in subsection (g), by striking ‘‘(g) ACCESS

12 TO LOCAL FOODS AND SCHOOL GARDENS.—’’ and 

13 all that follows through ‘‘(3) PILOT PROGRAM FOR

14 HIGH-POVERTY SCHOOLS.—’’ and inserting the fol15 lowing: 

16 ‘‘(g) ACCESS TO LOCAL FOODS: FARM TO SCHOOL

17 PROGRAM.— 

18 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In 

19 this subsection, the term ‘eligible entity’ means— 

20 ‘‘(A) school or institution that participates 

21 in a program under this Act or the school 

22 breakfast program established under section 4 

23 of the Child Nutrition Act of 1966 (42 U.S.C. 

24 1773); 


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1 ‘‘(B) a nonprofit entity that is exempt 

2 from tax under section 501(c)(3) of the Inter3 nal Revenue Code of 1986; 

4 ‘‘(C) an Indian tribal organization; and 

5 ‘‘(D) an agricultural producers or a group 

6 of agricultural producers. 

7 ‘‘(2) FARM TO SCHOOL GRANTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 provide assistance to eligible entities through 

10 competitive grants and technical assistance to 

11 implement programs that improve access to 

12 local foods in eligible schools. 

13 ‘‘(B) FARM TO SCHOOL ACTIVITIES.—A 

14 grant awarded under this subsection may be 

15 used for farm to school activities, including— 

16 ‘‘(i) the planning, design, and estab17 lishment of farm to school programs by 

18 linking school and institutional food service 

19 providers, distributors, and agricultural 

20 producers or groups of agricultural pro21 ducers for sustainable farm to school pro22 grams; 

23 ‘‘(ii) the planning, implementation, 

24 and maintenance of school gardens; 


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1 ‘‘(iii) the acquisition of appropriate 

2 equipment as determined by the Secretary; 

3 ‘‘(iv) the provision of training and 

4 education necessary for the planning, im5 plementation, and maintenance of farm to 

6 school activities; and 

7 ‘‘(v) other activities as determined by 

8 the Secretary. 

9 ‘‘(3) ADMINISTRATION.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 award grants, on a competitive basis, to eligible 

12 entities for farm to school activities described 

13 under paragraph (2). 

14 ‘‘(B) GRANT AMOUNT.—A grant awarded 

15 under this subsection may not exceed $100,000. 

16 ‘‘(C) FEDERAL SHARE.— 

17 ‘‘(i) IN GENERAL.—The Federal share 

18 of costs for farm to school activities funded 

19 through a grant awarded under this sub20 section shall not exceed 75 percent of the 

21 total cost of the activities. 

22 ‘‘(ii) FEDERAL MATCHING.—As a con23 dition of receiving a grant under this sub24 section, a grant recipient shall provide sup25 port that is not less than 25 percent of the 


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1 total cost of a farm to school activities 

2 funded by the grant in the form of cash or 

3 in-kind contributions, including facilities, 

4 equipment, or services provided by State 

5 and local governments, nonprofit organiza6 tions, and private sources. 

7 ‘‘(D) GRANT DURATION.—A grant under 

8 this subsection shall be awarded for a period 

9 not to exceed 2 years. 

10 ‘‘(E) REGIONAL BALANCE.—In making 

11 awards under this subsection, the Secretary 

12 shall, to the maximum extent practicable, en13 sure— 

14 ‘‘(i) geographical diversity; and 

15 ‘‘(ii) proportional distribution among 

16 urban, rural, and tribal communities. 

17 ‘‘(F) PEER REVIEW OF APPLICATIONS.— 

18 The Secretary shall form review panels con19 sisting of representatives from related public 

20 and private agencies or organizations, as deter21 mined by the Secretary, to evaluate applications 

22 based on criteria for selection described under 

23 paragraph (4). 

24 ‘‘(4) CRITERIA FOR SELECTION.—To the max25 imum extent practicable, in providing assistance 


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1 under this subsection, the Secretary shall give the 

2 highest priority to funding farm to school activities 

3 that, as determined by the Secretary— 

4 ‘‘(A) make local food products from small 

5 and medium-sized farms available on the school 

6 menu for the lunch program under this Act or 

7 the breakfast program under section 4 of the 

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

9 ‘‘(B) serve a high proportion of children 

10 who are certified as eligible for free or reduced 

11 price lunches; 

12 ‘‘(C) incorporate experiential nutrition edu13 cation activities in curriculum planning that en14 courage the participation of school children in 

15 farm and garden-based agricultural education 

16 activities; 

17 ‘‘(D) demonstrate collaboration among eli18 gible entities; 

19 ‘‘(E) include adequate and participatory 

20 evaluation plans; 

21 ‘‘(F) demonstrate the potential for long22 term program sustainability; 

23 ‘‘(G) promote the nutritional health of chil24 dren by making available foods consistent with 

25 the goals of the most recent Dietary Guidelines 


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1 for Americans published under section 301 of 

2 the National Nutrition Monitoring and Related 

3 Research Act of 1990 (7 U.S.C. 5341); and 

4 ‘‘(H) meet any other criteria that the Sec5 retary determines appropriate. 

6 ‘‘(5) EVALUATION.—As a condition of receiving 

7 a grant under this subsection, each grant recipient 

8 shall agree to cooperate in an evaluation by the Sec9 retary of the program carried out using grant funds. 

10 ‘‘(6) TECHNICAL ASSISTANCE.—The Secretary 

11 shall provide technical assistance and information to 

12 assist eligible schools, State and local agencies, In13 dian tribal organizations, and nonprofit entities— 

14 ‘‘(A) to facilitate the coordination and 

15 sharing of information and resources in the De16 partment that may be applicable to the farm to 

17 school program; 

18 ‘‘(B) to collect and share information on 

19 best practices; and 

20 ‘‘(C) to disseminate research and data on 

21 existing farm to school programs and the poten22 tial for programs in underserved areas. 

23 ‘‘(7) REPORTING.—No later than 4 years after 

24 enactment of this section, the Secretary shall submit 

25 to the Committee on Education and Labor of the 


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1 House of Representatives and the Committee on Ag2 riculture, Nutrition, and Forestry of the Senate a 

3 report describing the farm to school projects funded 

4 under this section and the results of the evaluation 

5 conducted under paragraph (6). 

6 ‘‘(8) FUNDING.— 

7 ‘‘(A) IN GENERAL.—On October 1, 2010, 

8 through October 1, 2014, out of any funds in 

9 the Treasury not otherwise appropriated, the 

10 Secretary of the Treasury shall transfer to the 

11 Secretary to carry out this subsection 

12 $10,000,000, to remain available until ex13 pended. 

14 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

15 Secretary shall be entitled to receive, shall ac16 cept, and shall use to carry out this subsection 

17 the funds transferred under subparagraph (A), 

18 without further appropriation. 

19 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In 

20 addition to the amounts made available under para21 graph (8), there are authorized to be appropriated to 

22 carry out this subsection such sums as are necessary 

23 for each of fiscal years 2011 through 2015. 

24 ‘‘(h) PILOT PROGRAM FOR HIGH-POVERTY

25 SCHOOLS.— 


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1 ‘‘(1) IN GENERAL.—’’; 

2 (3) in subsection (h) (as redesignated by para3 graph (2))— 

4 (A) in subparagraph (F) of paragraph (1) 

5 (as so redesignated), by striking ‘‘in accordance 

6 with paragraph (1)(H)’’ and inserting ‘‘carried 

7 out by the Secretary’’; and 

8 (B) by redesignating paragraph (4) as 

9 paragraph (2); and 

10 (4) by inserting after subsection (h), the fol11 lowing: 

12 ‘‘(i) INFORMATION EXCHANGE.— 

13 ‘‘(1) IN GENERAL.—Not later than 2 years 

14 after the date of the enactment of this paragraph, 

15 the Secretary shall provide the information described 

16 in paragraph (2) to assist schools, institutions, and 

17 other farm-to-school stakeholders in increasing stu18 dents’ access to local foods through farm-to-school 

19 activities, which shall be— 

20 ‘‘(A) publicly accessible through the Inter21 net; and 

22 ‘‘(B) updated as appropriate to ensure the 

23 information is current. 


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1 ‘‘(2) CONTENT.—The information provided by 

2 the Secretary under paragraph (1) shall, at a min3 imum, include— 

4 ‘‘(A) an inventory of all the farm-to-school 

5 projects funded under subsection (g); 

6 ‘‘(B) an inventory of existing farm-to7 school activities, including the activities de8 scribed in subsection (g), in the United States; 

9 and 

10 ‘‘(C) best practices of farm-to-school activi11 ties in schools and institutions participating in 

12 programs under this Act, as determined by the 

13 Secretary. 

14 ‘‘(3) FUNDING.— 

15 ‘‘(A) IN GENERAL.—Out of funds in the 

16 Treasury not otherwise appropriated, the Sec17 retary of the Treasury shall transfer to the Sec18 retary to carry out this subsection— 

19 ‘‘(i) on October 1, 2010, $200,000; 

20 and 

21 ‘‘(ii) on October 1, 2011, October 1, 

22 2012, and October 1, 2013, $100,000. 

23 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

24 Secretary shall be entitled to receive, shall ac25 cept, and shall use to carry out this subsection 


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1 the funds transferred under subparagraph (A), 

2 without further appropriation.’’. 

3 Subtitle B—Child and Adult Care 

4 Food Program 

5 SEC. 221. NUTRITION AND WELLNESS GOALS FOR MEALS 

6 SERVED THROUGH THE CHILD AND ADULT 

7 CARE FOOD PROGRAM. 

8 Section 17 of the Richard B. Russell National School 

9 Lunch Act (42 U.S.C. 1766) is amended— 

10 (1) in subsection (a), by striking ‘‘(a) GRANT

11 AUTHORITY’’ and all that follows through the end of 

12 paragraph (1) and inserting the following: 

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

14 INSTITUTION ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) PROGRAM PURPOSE.—The purpose of 

17 the program authorized by this section is to 

18 provide aid to child and adult care institutions 

19 for the provision of nutritious foods that con20 tribute to the wellness, healthy growth, and de21 velopment of young children, and the health 

22 and wellness of older adults and chronically im23 paired disabled persons. 

24 ‘‘(B) GRANT AUTHORITY.—The Secretary 

25 shall carry out a program to assist States 


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1 through grants-in-aid and other means to ini2 tiate and maintain nonprofit food service pro3 grams for children in institutions providing 

4 child care.’’; 

5 (2) by striking subsection (g) and inserting the 

6 following: 

7 ‘‘(g) NUTRITIONAL REQUIREMENTS FOR MEALS AND

8 SUPPLEMENTS SERVED IN INSTITUTIONS AND FAMILY OR

9 GROUP DAY CARE HOMES.— 

10 ‘‘(1) DEFINITION OF DIETARY GUIDELINES.— 

11 In this subsection, the term Dietary Guidelines 

12 means the Dietary Guidelines for Americans pub13 lished under section 301 of the National Nutrition 

14 Monitoring and Related Research Act of 1990 (7 

15 U.S.C. 5341). 

16 ‘‘(2) NUTRITIONAL REQUIREMENTS.— 

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

18 subparagraph (C), reimbursable meals and sup19 plements served by institutions, family or group 

20 day care homes, and sponsored centers partici21 pating in the program under this section shall 

22 consist of a combination of foods that meet nu23 tritional requirements prescribed by the Sec24 retary on the basis of tested nutritional re25 search. 


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1 ‘‘(B) CONFORMITY WITH THE DIETARY

2 GUIDELINES AND AUTHORITATIVE SCIENCE.— 

3 ‘‘(i) IN GENERAL.—Not less fre4 quently than once every 10 years, the Sec5 retary shall review and, as appropriate, up6 date nutritional requirements for meals 

7 and supplements served under the program 

8 under this section to ensure that the meals 

9 and supplements— 

10 ‘‘(I) are consistent with the goals 

11 of the most recent Dietary Guidelines; 

12 and 

13 ‘‘(II) promote the health of the 

14 population served by the program au15 thorized under this section, as indi16 cated by appropriate authoritative sci17 entific agency and organization rec18 ommendations. 

19 ‘‘(ii) COST REVIEW.—The review re20 quired under clause (i) shall include a re21 view of the cost to institutions, family or 

22 group day care homes, and sponsored cen23 ters, resulting from updated requirements 

24 for meals and supplements served under 

25 the program under this section. 


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1 ‘‘(iii) REGULATIONS.— 

2 ‘‘(I) PROPOSED RULE.—Not later 

3 than 18 months after the completion 

4 of the review of the nutritional re5 quirements under clause (i), the Sec6 retary shall promulgate proposed reg7 ulations to update the nutritional re8 quirements for meals and supplements 

9 served under the program under this 

10 section. 

11 ‘‘(II) CONSIDERATION.—The 

12 Secretary shall demonstrate consider13 ation for the financial and administra14 tive impact to institutions, family or 

15 group day care homes, and sponsored 

16 centers resulting from any proposed 

17 changes to the nutritional require18 ments for meals and supplements in 

19 the regulations described under sub20 clause (I). 

21 ‘‘(C) EXCEPTIONS.— 

22 ‘‘(i) SPECIAL DIETARY NEEDS.—The 

23 minimum nutritional requirements pre24 scribed under subparagraph (A) shall not 

25 prohibit institutions, family or group day 


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1 care homes, and sponsored centers from 

2 substituting foods to accommodate the 

3 medical or other special dietary needs of 

4 individual participants. 

5 ‘‘(ii) EXEMPT INSTITUTIONS.—The 

6 Secretary may elect to waive all or part of 

7 the requirements of this subsection for 

8 emergency shelters participating in the 

9 program under this section. 

10 ‘‘(3) MEAL SERVICE.—Institutions, family or 

11 group day care homes, and sponsored centers shall 

12 ensure that reimbursable meal service is not used as 

13 a punishment or reward. 

14 ‘‘(4) FLUID MILK.— 

15 ‘‘(A) IN GENERAL.—If an institution, fam16 ily or group day care home, or sponsored center 

17 provides fluid milk as part of a reimbursable 

18 meal or supplement, the institution, family or 

19 group day care home, or sponsored center shall 

20 provide the milk in accordance with the most 

21 recent version of the Dietary Guidelines and ap22 propriate authoritative scientific recommenda23 tions for young children. 

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

25 children who cannot consume fluid milk due to 


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1 medical or other special dietary needs other 

2 than a disability, an institution, family or group 

3 day care home, or sponsored center may sub4 stitute for the fluid milk required in meals 

5 served, a nondairy beverage that— 

6 ‘‘(i) is nutritionally equivalent to fluid 

7 milk; and 

8 ‘‘(ii) meets nutritional standards es9 tablished by the Secretary, including, 

10 among other requirements established by 

11 the Secretary, fortification of calcium, pro12 tein, vitamin A, and vitamin D to levels 

13 found in cow’s milk. 

14 ‘‘(C) APPROVAL.— 

15 ‘‘(i) IN GENERAL.—A substitution au16 thorized under subparagraph (B) may be 

17 made— 

18 ‘‘(I) at the discretion of and on 

19 approval by the participating institu20 tion, family or group day care home, 

21 or sponsored center; and 

22 ‘‘(II) if the substitution is re23 quested by a medical authority, or by 

24 the parent or legal guardian of the 

25 child. 


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1 ‘‘(ii) EXCEPTION.—An institution, 

2 family or group day care home, or spon3 sored center that elects to make a substi4 tution authorized under this paragraph 

5 shall not provide beverages other than bev6 erages the State has identified as accept7 able substitutes. 

8 ‘‘(D) EXCESS EXPENSES BORNE BY INSTI9 TUTION.—A participating institution, family or 

10 group day care home, or sponsored center shall 

11 be responsible for any expenses that— 

12 ‘‘(i) are incurred by the institution, 

13 family or group day care home, or spon14 sored center to provide substitutions under 

15 this paragraph; and 

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

17 under reimbursements under this Act. 

18 ‘‘(5) NONDISCRIMINATION POLICY.—No phys19 ical segregation or other discrimination against any 

20 person shall be made because of the inability of the 

21 person to pay, nor shall there be any overt identi22 fication of any such person by special tokens or tick23 ets, different meals or meal service, announced or 

24 published lists of names, or other means. 


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1 ‘‘(6) USE OF ABUNDANT AND DONATED

2 FOODS.—To the maximum extent practicable, each 

3 institution shall use in its food service foods that 

4 are— 

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

6 Secretary as being in abundance, either nation7 ally or in the food service area; or 

8 ‘‘(B) donated by the Secretary; 

9 ‘‘(7) WATER.—Participating institutions, family 

10 or group day care homes, and sponsored centers 

11 shall make available to persons, free of charge and 

12 as nutritionally appropriate, potable water through13 out the day, including at meal times.’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(u) PROMOTING HEALTH AND WELLNESS IN CHILD

16 CARE.— 

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

18 participating institutions, family or group day care 

19 homes, and sponsored centers through technical as20 sistance, guidance, and competitive grants for the 

21 purpose of promoting the health and nutrition of 

22 children in child care settings. 

23 ‘‘(2) TECHNICAL ASSISTANCE, GUIDANCE, AND

24 RECOGNITION.— 


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1 ‘‘(A) NUTRITION.—The Secretary shall 

2 provide technical assistance and guidance to in3 stitutions, family or group day care homes, and 

4 sponsored centers, participating in the program 

5 under this section to support compliance with 

6 the nutrition requirements described in sub7 section (g), which shall include technical assist8 ance and guidance with respect to— 

9 ‘‘(i) menu planning; 

10 ‘‘(ii) interpretation of nutrition infor11 mation; and 

12 ‘‘(iii) food preparation and purchasing 

13 guidance to produce meals and supple14 ments that— 

15 ‘‘(I) are consistent with the goals 

16 of the most recent Dietary Guidelines 

17 for Americans published under section 

18 301 of the National Nutrition Moni19 toring and Related Research Act of 

20 1990 (7 U.S.C. 5341) (in this sub21 section referred to as the ‘Dietary 

22 Guidelines’); and 

23 ‘‘(II) promote the health of the 

24 population served by the program 

25 under this section, as recommended 


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1 by authoritative scientific organiza2 tions; and 

3 ‘‘(iv) other activities related to compli4 ance with the nutrition requirements under 

5 subsection (g), as determined by the Sec6 retary. 

7 ‘‘(B) WELLNESS PROMOTION.—Not later 

8 than January 1, 2012, in consultation with the 

9 Secretary of Health and Human Services, the 

10 Secretary shall provide technical assistance and 

11 guidance to assist State agencies and institu12 tions, family and group day care homes, and 

13 sponsored centers, participating in the program 

14 under this section to— 

15 ‘‘(i) promote access to foods that are 

16 recommended for consumption by the most 

17 recent Dietary Guidelines; 

18 ‘‘(ii) encourage opportunities for age19 appropriate physical activity and physical 

20 development in quantities and at levels rec21 ommended by the most recent Dietary 

22 Guidelines and the Secretary of Health 

23 and Human Services with— 

24 ‘‘(I) information on the impor25 tance of regular age-appropriate physVerDate Mar 15 2010 21:12 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H5504.IH H5504

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1 ical activity for health and well-being 

2 based on authoritative scientific rec3 ommendations; and 

4 ‘‘(II) best practices for the imple5 mentation of such recommendations 

6 for physical activity in child care set7 tings; 

8 ‘‘(iii) encourage adherence to age-ap9 propriate electronic media use by children 

10 based on authoritative scientific rec11 ommendation with— 

12 ‘‘(I) information on the impor13 tance of age-appropriate use, includ14 ing limitations, of electronic media; 

15 and 

16 ‘‘(II) best practices for imple17 mentation of such recommendations in 

18 child care settings; 

19 ‘‘(iv) encourage the engagement of 

20 parents in nutrition and wellness initiatives 

21 for children; and 

22 ‘‘(v) promote other nutrition and 

23 wellness initiatives, as determined by the 

24 Secretary. 


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1 ‘‘(C) RECOGNITION.—The Secretary, in 

2 consultation with the Secretary of Health and 

3 Human Services, shall establish a program to 

4 recognize State agencies, institutions, family or 

5 group day care homes, and sponsored centers 

6 participating in the program under this section 

7 that demonstrate a comprehensive and innova8 tive approach to promoting nutrition and 

9 wellness in child care settings by— 

10 ‘‘(i) providing healthful and develop11 mentally appropriate meals and supple12 ments consistent with the nutrition re13 quirements of the program under this sec14 tion; 

15 ‘‘(ii) providing regular opportunities 

16 for developmentally appropriate physical 

17 activity; 

18 ‘‘(iii) adhering to developmentally ap19 propriate guidelines for use of electronic 

20 media; 

21 ‘‘(iv) engaging parents in nutrition 

22 and wellness initiatives for children; and 

23 ‘‘(v) other nutrition and wellness ini24 tiatives, as determined by the Secretary. 

25 ‘‘(D) FUNDING.— 


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1 ‘‘(i) IN GENERAL.—On October 1, 

2 2010, out of any funds in the Treasury not 

3 otherwise appropriated, the Secretary of 

4 the Treasury shall transfer to the Sec5 retary to carry out this paragraph 

6 $10,000,000, to remain available until ex7 pended. 

8 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

9 The Secretary shall be entitled to receive, 

10 shall accept, and shall use to carry out this 

11 subsection the funds transferred under 

12 clause (i), without further appropriation. 

13 ‘‘(3) COMPETITIVE GRANTS.— 

14 ‘‘(A) GRANTS TO STATE AGENCIES.—From 

15 the funds made available under subparagraph 

16 (G), the Secretary shall award grants, on a 

17 competitive basis, to State agencies partici18 pating in the program under this section for the 

19 purpose of promoting health and nutrition in 

20 child care settings. 

21 ‘‘(B) PRIORITY.—In awarding grants 

22 under this paragraph, the Secretary shall give 

23 priority to State agencies administering projects 

24 under the program that carry out each of the 


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1 authorized uses of funds described in subpara2 graph (C)(ii). 

3 ‘‘(C) USES OF FUNDS.— 

4 ‘‘(i) REQUIRED USES.—A State agen5 cy receiving a grant under this paragraph 

6 shall use not less than 50 percent of such 

7 grant funds to award subgrants to institu8 tions, including sponsoring organizations, 

9 for the purpose of carrying out the activi10 ties described in clause (ii). 

11 ‘‘(ii) AUTHORIZED USES.—In addition 

12 to such other activities as the Secretary de13 termines to be appropriate, State agencies 

14 and institutions may use funds received 

15 under this paragraph for activities that— 

16 ‘‘(I) promote nutrition and phys17 ical activity in child care settings that 

18 reflect the recommendations of— 

19 ‘‘(aa) the most recent 

20 version of the Dietary Guidelines 

21 for Americans published under 

22 section 301 of the National Nu23 trition Monitoring and Related 

24 Research Act of 1990 (7 U.S.C. 

25 5341); and 


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1 ‘‘(bb) authoritative scientific 

2 recommendations; 

3 ‘‘(II) provide technical assistance 

4 and training to sponsors and pro5 viders of child care centers and family 

6 or group day care homes in imple7 menting State or local initiatives de8 signed to improve the health and nu9 trition of children in child care set10 tings; 

11 ‘‘(III) perform outreach cam12 paigns on the State or local level that 

13 are designed to increase access to the 

14 program in underserved areas and 

15 populations, including subsidized child 

16 care providers; and 

17 ‘‘(IV) make innovative use of 

18 technology to provide training and 

19 education to promote the nutrition, 

20 physical activity, and health of chil21 dren. 

22 ‘‘(D) APPLICATION.—To be eligible to re23 ceive a grant under this paragraph, a State 

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1 taining such information as the Secretary may 

2 require, which shall include— 

3 ‘‘(i) a plan to promote child care set4 tings that encourage healthful behaviors, 

5 including improvements to the quality of 

6 meals and supplements provided in institu7 tions, family or group day care homes, and 

8 sponsored centers; and 

9 ‘‘(ii) a description of— 

10 ‘‘(I) the procedures by which the 

11 State agency will use the grant to 

12 award subgrants to institutions; and 

13 ‘‘(II) the criteria that the State 

14 agency will use in awarding such sub15 grants. 

16 ‘‘(E) REPORTING.—Any State agency re17 ceiving a grant under this paragraph shall sub18 mit a report to the Secretary at such time, in 

19 such manner, and containing such information 

20 as the Secretary may require that, at a min21 imum, shall include— 

22 ‘‘(i) a description of the activities sup23 ported with funds under this paragraph; 

24 ‘‘(ii) the progress of implementing the 

25 activities; and 


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1 ‘‘(iii) the outcome of the activities. 

2 ‘‘(F) BEST PRACTICES.—The Secretary 

3 shall provide to State agencies and institutions 

4 best practices for implementing effective nutri5 tion and wellness initiatives, including best 

6 practices for implementing the activities sup7 ported with funds under this paragraph. 

8 ‘‘(G) FUNDING.— 

9 ‘‘(i) IN GENERAL.—On October 1, 

10 2010, out of any funds in the Treasury not 

11 otherwise appropriated, the Secretary of 

12 the Treasury shall transfer to the Sec13 retary to carry out this paragraph 

14 $25,000,000 to remain available until ex15 pended to carry out this paragraph to re16 main available until expended. 

17 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

18 The Secretary shall be entitled to receive, 

19 shall accept, and shall use to carry out this 

20 paragraph the funds transferred under 

21 clause (i) without further appropriation. 

22 ‘‘(4) ADDITIONAL INFORMATION.—The Sec23 retary, in consultation with the Secretary of Health 

24 and Human Services, shall make available informa25 tion to State agencies and institutions, family and 


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1 group day care homes, and sponsored centers par2 ticipating in the program under this section on com3 mon food-related choking hazards and avoiding food 

4 choking by young children.’’. 

5 SEC. 222. STUDY ON NUTRITION AND WELLNESS QUALITY 

6 OF CHILD CARE SETTINGS. 

7 (a) IN GENERAL.—Not less than 3 years after the 

8 date of enactment of this Act, the Secretary, in consulta9 tion with the Secretary of Health and Human Services, 

10 shall enter into a contract for the conduct of a nationally 

11 representative study of child care centers and family or 

12 group day care homes that includes an assessment of— 

13 (1) the nutritional quality of all foods provided 

14 to children in child care settings as compared to the 

15 recommendations in the most recent Dietary Guide16 lines for Americans published under section 301 of 

17 the National Nutrition Monitoring and Related Re18 search Act of 1990 (7 U.S.C. 5341); 

19 (2) the quantity and type of opportunities for 

20 physical activity provided to children in child care 

21 settings; 

22 (3) the quantity of time spent by children in 

23 child care settings in sedentary activities; 

24 (4) an assessment of barriers and facilitators 

25 to— 


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1 (A) providing foods to children in child 

2 care settings that meet the recommendations of 

3 the most recent Dietary Guidelines for Ameri4 cans published under section 301 of the Na5 tional Nutrition Monitoring and Related Re6 search Act of 1990 (7 U.S.C. 5341); 

7 (B) providing the appropriate quantity and 

8 type of opportunities of physical activity for 

9 children in child care settings; and 

10 (C) participation by institutions, family or 

11 group day care homes, and sponsored centers 

12 under the child and adult care food program es13 tablished under section 17 of the Richard B. 

14 Russell National School Lunch Act (42 U.S.C. 

15 1766); and 

16 (5) such other assessment measures as the Sec17 retary may determine to be necessary. 

18 (b) REPORT TO CONGRESS.—The Secretary shall 

19 submit to the Committee on Education and Labor of the 

20 House of Representatives and the Committee on Agri21 culture, Nutrition, and Forestry of the Senate, a report 

22 that includes a detailed description of the results of the 

23 study conducted under subsection (a). 

24 (c) FUNDING.— 


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1 (1) IN GENERAL.—On October 1, 2010, out of 

2 any funds in the Treasury not otherwise appro3 priated, the Secretary of the Treasury shall transfer 

4 to the Secretary to carry out this section 

5 $5,000,000, to remain available until expended. 

6 (2) RECEIPT AND ACCEPTANCE.—The Sec7 retary shall be entitled to receive, shall accept, and 

8 shall use to carry out this section the funds trans9 ferred under paragraph (1), without further appro10 priation. 

11 Subtitle C—Special Supplemental 

12 Nutrition Program for Women, 

13 Infants, and Children 

14 SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PRO15 GRAM. 

16 Section 17 of the Child Nutrition Act of 1966 (42 

17 U.S.C. 1786) is amended— 

18 (1) in subsection (a), in the second sentence, by 

19 striking ‘‘supplemental foods and nutrition education 

20 through any eligible local agency’’ and inserting 

21 ‘‘supplemental foods and nutrition education, includ22 ing breastfeeding promotion and support, through 

23 any eligible local agency’’; 


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1 (2) in subsection (b)(4), by inserting 

2 ‘‘breastfeeding support and promotion,’’ after ‘‘nu3 trition education,’’; 

4 (3) in subsection (c)(1), in the first sentence, by 

5 striking ‘‘supplemental foods and nutrition education 

6 to’’ and inserting ‘‘supplemental foods, nutrition 

7 education, and breastfeeding support and promotion 

8 to’’; 

9 (4) in subsection (e)(2), in the second sentence, 

10 by inserting ‘‘, including breastfeeding support and 

11 education,’’ after ‘‘nutrition education’’; 

12 (5) in subsection (f)(6)(B), in the first sen13 tence, by inserting ‘‘and breastfeeding’’ after ‘‘nutri14 tion education’’; 

15 (6) in subsection (h)— 

16 (A) in paragraph (4)— 

17 (i) by striking ‘‘(4) The Secretary’’ 

18 and all that follows through ‘‘(A) in con19 sultation’’ and inserting the following: 

20 ‘‘(4) REQUIREMENTS.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall— 

22 ‘‘(i) in consultation’’; 

23 (ii) by redesignating subparagraphs 

24 (B) through (F) as clauses (ii) through 


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1 (vi), respectively, and indenting appro2 priately; 

3 (iii) in clause (v) (as so redesignated), 

4 by striking ‘‘and’’ at the end; 

5 (iv) in clause (vi) (as so redesignated), 

6 by striking ‘‘2010 initiative.’’ and inserting 

7 ‘‘initiative; and’’; and 

8 (v) by adding at the end the following: 

9 ‘‘(vii) annually compile and publish 

10 breastfeeding performance measurements 

11 based on program participant data on the 

12 number of partially and fully breast-fed in13 fants, including breastfeeding performance 

14 measurements for— 

15 ‘‘(I) each State agency; and 

16 ‘‘(II) each local agency; 

17 ‘‘(viii) in accordance with subpara18 graph (B), implement a program to recog19 nize exemplary breastfeeding support prac20 tices at local agencies or clinics partici21 pating in the special supplemental nutri22 tion program established under this sec23 tion; and 


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1 ‘‘(ix) in accordance with subparagraph 

2 (C), implement a program to provide per3 formance bonuses to State agencies. 

4 ‘‘(B) EXEMPLARY BREASTFEEDING SUP5 PORT PRACTICES.— 

6 ‘‘(i) IN GENERAL.—In evaluating ex7 emplary practices under subparagraph 

8 (A)(viii), the Secretary shall consider— 

9 ‘‘(I) performance measurements 

10 of breastfeeding; 

11 ‘‘(II) the effectiveness of a peer 

12 counselor program; 

13 ‘‘(III) the extent to which the 

14 agency or clinic has partnered with 

15 other entities to build a supportive 

16 breastfeeding environment for women 

17 participating in the program; and 

18 ‘‘(IV) such other criteria as the 

19 Secretary considers appropriate after 

20 consultation with State and local pro21 gram agencies. 

22 ‘‘(ii) AUTHORIZATION OF APPROPRIA23 TIONS.—There is authorized to be appro24 priated to carry out the activities described 


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1 in clause (viii) of subparagraph (A) such 

2 sums as are necessary. 

3 ‘‘(C) PERFORMANCE BONUSES.— 

4 ‘‘(i) IN GENERAL.—Following the 

5 publication of breastfeeding performance 

6 measurements under subparagraph 

7 (A)(vii), the Secretary shall provide per8 formance bonus payments to not more 

9 than 20 State agencies that demonstrate, 

10 as compared to other State agencies par11 ticipating in the program— 

12 ‘‘(I) the highest proportion of 

13 breast-fed infants; or 

14 ‘‘(II) the greatest improvement in 

15 proportion of breast-fed infants. 

16 ‘‘(ii) CONSIDERATION.—In providing 

17 performance bonus payments to State 

18 agencies under this subparagraph, the Sec19 retary shall consider the proportion of fully 

20 breast-fed infants in the States. 

21 ‘‘(iii) USE OF FUNDS.—A State agen22 cy that receives a performance bonus 

23 under clause (i)— 

24 ‘‘(I) shall treat the funds as pro25 gram income; and 


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1 ‘‘(II) may transfer the funds to 

2 local agencies for use in carrying out 

3 the program. 

4 ‘‘(iv) IMPLEMENTATION.—The Sec5 retary shall provide the first performance 

6 bonuses not later than 1 year after the 

7 date of enactment of this clause and may 

8 subsequently revise the criteria for award9 ing performance bonuses; and’’; and 

10 (B) by striking paragraph (10) and insert11 ing the following: 

12 ‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGE13 MENT INFORMATION SYSTEMS, AND SPECIAL NUTRI14 TION EDUCATION.— 

15 ‘‘(A) IN GENERAL.—For each of fiscal 

16 years 2010 through 2015, the Secretary shall 

17 use for the purposes specified in subparagraph 

18 (B) $139,000,000 (as adjusted annually for in19 flation by the same factor used to determine the 

20 national average per participant grant for nutri21 tion services and administration for the fiscal 

22 year under paragraph (1)(B)). 

23 ‘‘(B) PURPOSES.—Subject to subpara24 graph (C), of the amount made available under 

25 subparagraph (A) for a fiscal year— 


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1 ‘‘(i) $14,000,000 shall be used for— 

2 ‘‘(I) infrastructure for the pro3 gram under this section; 

4 ‘‘(II) special projects to promote 

5 breastfeeding, including projects to 

6 assess the effectiveness of particular 

7 breastfeeding promotion strategies; 

8 and 

9 ‘‘(III) special State projects of 

10 regional or national significance to 

11 improve the services of the program; 

12 ‘‘(ii) $35,000,000 shall be used to es13 tablish, improve, or administer manage14 ment information systems for the program, 

15 including changes necessary to meet new 

16 legislative or regulatory requirements of 

17 the program, of which up to $5,000,000 

18 may be used for Federal administrative 

19 costs for this section; and 

20 ‘‘(iii) $90,000,000 shall be used for 

21 special nutrition education (such as 

22 breastfeeding peer counselors and other re23 lated activities), of which not more than 

24 $10,000,000 of any funding provided in 

25 excess of $50,000,000 shall be used to 


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1 make performance bonus payments under 

2 paragraph (4)(C). 

3 ‘‘(C) ADJUSTMENT.—Each of the amounts 

4 referred to in clauses (i), (ii), and (iii) of sub5 paragraph (B) shall be adjusted annually for 

6 inflation by the same factor used to determine 

7 the national average per participant grant for 

8 nutrition services and administration for the 

9 fiscal year under paragraph (1)(B). 

10 ‘‘(D) PROPORTIONAL DISTRIBUTION.—The 

11 Secretary shall distribute funds made available 

12 under subparagraph (A) in accordance with the 

13 proportional distribution described in subpara14 graphs (B) and (C).’’; and 

15 (7) in subsection (j), by striking ‘‘supplemental 

16 foods and nutrition education’’ each place it appears 

17 in paragraphs (1) and (2) and inserting ‘‘supple18 mental foods, nutrition education, and breastfeeding 

19 support and promotion’’. 

20 SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS. 

21 Section 17(f)(11)(D) of the Child Nutrition Act of 

22 1966 (42 U.S.C. 1786(f)(11)(D)) is amended in the mat23 ter preceding clause (i) by inserting ‘‘but not less than 

24 every 10 years,’’ after ‘‘scientific knowledge,’’. 


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1 Subtitle D—Miscellaneous 

2 SEC. 242. PROCUREMENT TECHNICAL ASSISTANCE AND 

3 GUIDANCE. 

4 Subsection (m) of section 12 of the Richard B. Rus5 sell National School Lunch Act (42 U.S.C. 1760(m)) is 

6 amended to read as follows: 

7 ‘‘(m) PROCUREMENT.— 

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

9 technical assistance, guidance, and training to State 

10 agencies, local educational agencies, and school food 

11 authorities for the procurement of goods and serv12 ices for programs under this Act and the Child Nu13 trition Act of 1966 (42 U.S.C. 1771 et seq.) (other 

14 than section 17 of that Act (42 U.S.C. 1786)). 

15 ‘‘(2) BUY AMERICAN TRAINING.—Activities car16 ried out under paragraph (1) shall include technical 

17 assistance and training to ensure compliance with 

18 subsection (n). 

19 ‘‘(3) FOOD PROCUREMENT.— 

20 ‘‘(A) SURVEY OF FOOD PRODUCT INFOR21 MATION.— 

22 ‘‘(i) IN GENERAL.—The Secretary 

23 shall assess the availability and quality of 

24 food product information available to 

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1 monly offered in the school nutrition pro2 grams under this Act and the Child Nutri3 tion Act of 1966 (42 U.S.C. 1771 et seq.), 

4 including commodity foods, commercial 

5 foods, and foods procured directly from a 

6 farm. 

7 ‘‘(ii) SCOPE.—The scope of the as8 sessment should survey what type of food 

9 product information school food authorities 

10 have access to including— 

11 ‘‘(I) nutritional information; 

12 ‘‘(II) information on the food 

13 safety standards that a food product 

14 has met throughout production and 

15 processing; and 

16 ‘‘(III) any other food product in17 formation as determined by the Sec18 retary. 

19 ‘‘(iii) PROCUREMENT SPECIFICA20 TIONS.—As part of the survey under this 

21 subparagraph, the Secretary shall collect 

22 best practices and models for food product 

23 specifications, including nutrition and food 

24 safety specifications, for foods (by type) 

25 used in the school nutrition programs. 


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1 ‘‘(iv) REPORT.—Not later than 2 year 

2 after the date of the enactment of the Im3 proving Nutrition for America’s Children 

4 Act, the Secretary shall submit to the 

5 Committee on Education and Labor of the 

6 House of Representatives and the Com7 mittee on Agriculture, Nutrition and For8 estry of the Senate a report on the results 

9 of the assessment and include such legisla10 tive recommendations as the Secretary con11 siders necessary to ensure that school food 

12 authorities have access to food product in13 formation needed for compliance with the 

14 requirements for the school nutrition pro15 grams under this Act and the Child Nutri16 tion Act of 1966 (42 U.S.C. 1771 et seq.). 

17 ‘‘(B) MODEL PROCUREMENT SPECIFICA18 TIONS.—Not later than 1 year after the comple19 tion of the survey under subparagraph (A), the 

20 Secretary shall make available to State agencies 

21 and school food authorities model product speci22 fications for foods most commonly offered in 

23 school nutrition programs under this Act and 

24 the Child Nutrition Act of 1966 (42 U.S.C. 

25 1771 et seq.) that— 


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1 ‘‘(i) reflect the goals of the most re2 cent Dietary Guidelines for Americans 

3 published under section 301 of the Na4 tional Nutrition Monitoring and Related 

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

6 ‘‘(ii) encourage the use of foods rec7 ommended by the most recent Dietary 

8 Guidelines for Americans, including fruits, 

9 vegetables, fat-free and reduced fat dairy 

10 products, and whole grains; 

11 ‘‘(iii) reflect best practices for safe 

12 production, handling, and processing of 

13 foods as determined by the Secretary; and 

14 ‘‘(iv) any other specifications as deter15 mined by the Secretary. 

16 ‘‘(4) FOODSERVICE MANAGEMENT PROCURE17 MENT.—Activities carried out under paragraph (1) 

18 shall include model contract specifications and prac19 tices for procuring school food services for the provi20 sion of meals in compliance with the requirements 

21 for administering the school nutrition programs 

22 under this Act and the Child Nutrition Act of 1966 

23 (42 U.S.C. 1771 et seq.). 

24 ‘‘(5) FUNDING.— 


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1 ‘‘(A) MANDATORY FUNDING.—On October 

2 1, 2010, out of any moneys in the Treasury not 

3 otherwise appropriated, the Secretary of the 

4 Treasury shall provide to the Secretary to carry 

5 out this subsection $4,000,000 to remain avail6 able until expended. The Secretary shall be en7 titled to receive the funds and shall accept the 

8 funds, without further appropriation. 

9 ‘‘(B) AUTHORIZATION OF APPROPRIA10 TIONS.—In addition to the amounts made avail11 able under subparagraph (A), there are author12 ized to be appropriated to carry out this sub13 section such sums as are necessary for each of 

14 fiscal years 2011 through 2015.’’. 

15 SEC. 243. RESEARCH ON STRATEGIES TO PROMOTE 

16 HEALTHY EATING. 

17 (a) IN GENERAL.—The Secretary, in consultation 

18 with the Secretary of Health and Human Services and the 

19 Secretary of Education, shall establish a research, dem20 onstration, and technical assistance program to promote 

21 healthy eating and prevent and reduce the prevalence of 

22 obesity by applying the principles and insights of behav23 ioral economics research in schools, child care programs, 

24 and other settings. 


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1 (b) PRIORITIES.—In carry out the program under 

2 subsection (a), the Secretary shall— 

3 (1) identify and assess the impacts of specific 

4 presentation, placement, and other strategies for 

5 structuring choices on selection and consumption of 

6 healthful foods in a variety of settings, consistent 

7 with the most recent version of the Dietary Guide8 lines for Americans published under section 301 of 

9 the National Nutrition Monitoring and Related Re10 search Act of 1990 (7 U.S.C. 5341); 

11 (2) demonstrate and rigorously evaluate behav12 ioral economics-related interventions that hold prom13 ise to improve diets and promote health, including 

14 through demonstration projects that may include 

15 evaluation of the use of portion size, labeling, con16 venience, and other strategies to encourage healthy 

17 choices; and 

18 (3) encourage adoption of the most effective 

19 strategies through outreach and technical assistance. 

20 (c) AUTHORITY.—In carrying out the program under 

21 subsection (a), the Secretary may— 

22 (1) enter into competitively awarded contracts 

23 or cooperative agreements; or 


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1 (2) provide grants to States or public or private 

2 agencies or organizations, as determined by the Sec3 retary. 

4 (d) APPLICATION.—To be eligible to enter into a con5 tract or cooperative agreement or receive a grant under 

6 this section, a State or public or private agency or organi7 zation shall submit to the Secretary an application at such 

8 time, in such manner, and containing such information as 

9 the Secretary may require. 

10 (e) COORDINATION.—The solicitation and evaluation 

11 of contracts, cooperative agreements, and grant proposals 

12 considered under this section shall be coordinated with the 

13 Food and Nutrition Service as appropriate to ensure that 

14 funded projects are consistent with the operations of Fed15 erally supported nutrition assistance programs and related 

16 laws (including regulations). 

17 (f) ANNUAL REPORTS.—Not later than 90 days after 

18 the end of each fiscal year, the Secretary shall submit to 

19 the Committee on Education and Labor of the House of 

20 Representatives and the Committee on Agriculture, Nutri21 tion, and Forestry of the Senate a report that includes 

22 a description of— 

23 (1) the policies, priorities, and activities of the 

24 program carried out by the Secretary under this sec25 tion during the fiscal year; 


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1 (2) the results of any evaluations completed 

2 during the fiscal year; and 

3 (3) the efforts undertaken to disseminate suc4 cessful practices through outreach and technical as5 sistance. 

6 (g) AUTHORIZATION OF APPROPRIATIONS.— 

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

8 appropriated to carry out this section such sums as 

9 are necessary for each of fiscal years 2011 through 

10 2015. 

11 (2) USE OF FUNDS.—The Secretary may use 

12 up to 5 percent of the funds made available under 

13 paragraph (1) for Federal administrative expenses 

14 incurred in carrying out this section. 

15 SEC. 244. FOOD MARKETING STUDY. 

16 (a) STUDY AND REPORT ON FOOD MARKETING.— 

17 From the amounts appropriated under subsection (f), the 

18 Secretary, in consultation with the Secretary of Education 

19 and the Secretary of Health and Human Services, shall 

20 conduct a study on the extent and types of marketing of 

21 foods and beverages in elementary and secondary schools. 

22 In carrying out the study, the Secretary shall collaborate 

23 with, and include information from, the Division of Ado24 lescent and School Health of the Centers for Disease Con25 trol and Prevention. 


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1 (b) ASSESSMENT OF NUTRITION.—The study con2 ducted under subsection (a) shall assess the nutritional 

3 quality of the types of foods and beverages marketed in 

4 schools. 

5 (c) ASSESSMENT OF MEDIA.—The study conducted 

6 subsection (a) shall assess all media through which foods 

7 and beverages are marketed to children in elementary and 

8 secondary schools, including— 

9 (1) brand and product logos, names, or infor10 mation on educational materials, book covers, school 

11 supplies, posters, vending machine exteriors, score12 boards, displays, signs, equipment, buses, buildings, 

13 and other school property; 

14 (2) educational and other incentive programs; 

15 (3) label redemption programs; 

16 (4) in-school television, radio, and print publica17 tions; 

18 (5) free samples and coupons; 

19 (6) branded fundraising activities; 

20 (7) taste-testing and other market research ac21 tivities; and 

22 (8) incidental exposure to food and beverage 

23 marketing through computer use, including com24 puter banner and wallpaper ads, or podcasts in 

25 schools. 


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1 (d) EXAMINATION OF REGULATORY MECHANISMS.— 

2 The study conducted subsection (a) shall also examine 

3 mechanisms regulating marketing in elementary and sec4 ondary schools, including— 

5 (1) Federal, State, and local policies; 

6 (2) contracts; and 

7 (3) sales incentives. 

8 (e) REPORT.—Not later than 1 year after the comple9 tion of the study conducted under subsection (a), the Sec10 retary shall submit to Congress a report on the results 

11 of the study required by subsection (a). 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated $1,000,000 to carry out 

14 this section. 

15 SEC. 245. NATIONAL SCHOOL LUNCH PROGRAM EQUIP16 MENT ASSISTANCE GRANTS. 

17 (a) IN GENERAL.—From the funds made available 

18 under subsection (e), the Secretary shall make payments 

19 to State educational agencies to award grants to school 

20 food authorities for the purchase of equipment for schools 

21 under the jurisdiction of such authorities. 

22 (b) ALLOCATION AND REALLOCATION.— 

23 (1) ALLOCATION.—Payments under subsection 

24 (a) shall be allocated to State educational agencies 

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1 istrative expense allocation under section 7(a)(2) of 

2 the Child Nutrition Act of 1966 (42 U.S.C. 

3 1776(a)(2)). 

4 (2) REALLOCATION.—If a State educational 

5 agency does not accept or use the amounts made 

6 available under its allocation in accordance with this 

7 section, the Secretary shall reallocate such amounts 

8 to other State educational agencies, as the Secretary 

9 determines necessary. 

10 (c) GRANTS TO SCHOOL FOOD AUTHORITIES.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after receiving an allocation under subsection (a), a 

13 State educational agency shall award grants, on a 

14 competitive basis, to school food authorities. 

15 (2) APPLICATION.—To qualify to receive a 

16 grant under this section, a school food authority 

17 shall— 

18 (A) submit an application to a State edu19 cational agency at such time, in such manner, 

20 and containing such information as the State 

21 educational agency may require; or 

22 (B) have submitted an application to re23 ceive equipment assistance under the grant pro24 gram carried out under— 


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1 (i) the heading ‘‘Food and Nutrition 

2 Service Child Nutrition Programs’’ in title 

3 I of division A of the American Recovery 

4 and Reinvestment Act of 2009 (Public 

5 Law 111–5); or 

6 (ii) section 748(j) of the Agriculture, 

7 Rural Development, Food and Drug ad8 ministration, and Related Agencies Appro9 priations Act, 2010 (Public Law 111–80; 

10 123 Stat. 2134). 

11 (3) PRIORITY.—In awarding grants to school 

12 food authorities, a State shall give priority to school 

13 food authorities whose application demonstrate that 

14 in providing equipment assistance to schools with 

15 funds received under this section, such authorities 

16 will give priority to schools— 

17 (A) in which not less than 50 percent of 

18 the enrolled students are eligible for free or re19 duced price meals under the Richard B. Russell 

20 National School Lunch Act (42 U.S.C. 1751 et 

21 seq.); and 

22 (B) that did not benefit from equipment 

23 assistance under the grant program carried out 

24 under— 


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1 (i) the heading ‘‘Food and Nutrition 

2 Service Child Nutrition Programs’’ in title 

3 I of division A of the American Recovery 

4 and Reinvestment Act of 2009 (Public 

5 Law 111–5; 123 Stat. 119); or 

6 (ii) section 748(j) of the Agriculture, 

7 Rural Development, Food and Drug ad8 ministration, and Related Agencies Appro9 priations Act, 2010 (Public Law 111–80; 

10 123 Stat. 2134). 

11 (4) USES OF FUNDS.—Under the terms and 

12 conditions established by the Secretary, a school 

13 food authority receiving a grant under this section 

14 shall use such funds to purchase equipment for 

15 schools under the jurisdiction of the school food au16 thority— 

17 (A) to improve the quality of food served 

18 under the school nutrition programs established 

19 under the Richard B. Russell National School 

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

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

22 seq.), consistent with the goals of the most re23 cent Dietary Guidelines for Americans pub24 lished under section 301 of the National NutriVerDate Mar 15 2010 21:12 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H5504.IH H5504

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1 tion Monitoring and Related Research Act of 

2 1990 (7 U.S.C. 5341); 

3 (B) to improve the safety of food served 

4 under the school meal programs; 

5 (C) to improve the overall energy efficiency 

6 of school foodservice operations; or 

7 (D) for other purposes as established by 

8 the Secretary. 

9 (d) ADMINISTRATIVE COSTS.—A State educational 

10 agency receiving an allocation under this section may not 

11 use more than 5 percent of such allocation for administra12 tive costs associated with awarding grants to eligible 

13 school food authorities in accordance with this section. 

14 (e) FUNDING.—There are authorized to be appro15 priated to carry out this section such sums as may be nec16 essary for each of fiscal years 2011 through 2015. 

17 SEC. 246. GREEN CAFETERIAS PILOT PROGRAM. 

18 (a) ESTABLISHMENT OF THE PROGRAM.—From the 

19 amounts appropriated to carry out this section under sub20 section (e), the Secretary of Agriculture, in consultation 

21 with the Administrator of the Environmental Protection 

22 Agency, shall establish the green cafeterias pilot program 

23 in accordance with this section to provide competitive 

24 grants to school food authorities to create green cafeterias 


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1 in the elementary schools and secondary schools under the 

2 jurisdiction of such school food authorities. 

3 (b) APPLICATIONS.—In order to receive a grant 

4 under this section, a school food authority shall submit 

5 an application at such time, in such manner, and accom6 panied by such information as the Secretary may require, 

7 including— 

8 (1) a description of the schools in which the en9 vironmental improvements described in subsection 

10 (c)(2) will be made using the grant funds; 

11 (2) a draft work plan for making the environ12 mental improvements, including a description of the 

13 uses of funds; 

14 (3) an assessment of the expected environ15 mental, economic, and educational benefits of the 

16 environmental improvements; 

17 (4) a cost estimate of the proposed uses of 

18 funds; and 

19 (5) the proposed use of private financing for 

20 such environmental improvements. 

21 (c) ALLOWABLE USES.— 

22 (1) IN GENERAL.—A school food authority re23 ceiving a grant under this section shall use the grant 

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1 tary schools and secondary schools within the juris2 diction of the authority. 

3 (2) ALLOWABLE USES.—The allowable uses de4 scribed in this paragraph are as follows: 

5 (A) Procurement of environmentally-pref6 erable products, such as recycled content, en7 ergy efficient, or biobased products. 

8 (B) Recycling activities, such as— 

9 (i) fat, oil, and grease recycling; 

10 (ii) collection, separation, and proc11 essing of post-consumer waste; or 

12 (iii) composting. 

13 (C) Purchasing energy or water efficient 

14 appliances and products that meet Energy Star, 

15 WaterSense guidelines, or the equivalent where 

16 these labels do not exist. 

17 (d) EVALUATION.—Not later than 1 after the date 

18 of enactment this section, the Secretary shall evaluate the 

19 pilot program conducted under this section to assess— 

20 (1) the types of activities carried out by school 

21 food authorities receiving grants under this section; 

22 (2) the immediate cost or savings, including any 

23 projected costs or savings, of the green cafeteria ef24 forts carried out by such school food authorities; 


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1 (3) the environmental benefits associated with 

2 the green cafeteria efforts; and 

3 (4) any other factors and outcomes associated 

4 with carrying out the green cafeteria efforts, as de5 termined by the Secretary. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 such sums as may be necessary for each of fiscal years 

9 2011 through 2015. 

10 (f) DEFINITIONS.—In this section: 

11 (1) ELEMENTARY SCHOOL; SECONDARY

12 SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec13 ondary school’’ have the meanings given such term 

14 in section 9101 of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 7801). 

16 (2) ENVIRONMENTALLY-PREFERABLE.—The 

17 term ‘‘environmentally-preferable’’ means products 

18 or services that have a lesser or reduced effect on 

19 human health and the environment as compared to 

20 competing products or services that serve the same 

21 purpose. The product or service comparison may 

22 consider raw materials acquisition, production, man23 ufacturing, packaging, distribution, reuse, mainte24 nance, or disposal. 


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1 SEC. 247. PARTNERSHIPS FOR WELLNESS GRANTS. 

2 (a) IN GENERAL.—From the amounts appropriated 

3 under subsection (i), the Secretary of Agriculture shall 

4 award grants to eligible entities, on a competitive basis, 

5 for projects that leverage community resources and sup6 port student access to physical activity, nutrition edu7 cation, and nutritious foods during the regular school cal8 endar. 

9 (b) APPLICATION.— 

10 (1) IN GENERAL.—Each eligible entity that de11 sires to receive a grant under this section shall sub12 mit an application to the Secretary at such time, in 

13 such manner, and containing such information as 

14 the Secretary may reasonably require, including— 

15 (A) a community-involvement plan de16 scribed in paragraph (2); 

17 (B) a description of the partners of the eli18 gible entity that will be involved in the imple19 mentation of the community-involvement plan; 

20 (C) a description of the roles that will be 

21 played by each partner of the eligible entity in 

22 the implementation of the community-involve23 ment plan, including a description of the serv24 ices that will be provided by each partner of the 

25 eligible entity; and 


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1 (D) a description of how funds received 

2 under this section will be integrated with other 

3 Federal, State, and local funds to maximize 

4 services and opportunities for students, their 

5 families, and the community to be served by the 

6 eligible entity, including a description of how 

7 funds received under this section will be distrib8 uted and utilized. 

9 (2) COMMUNITY INVOLVEMENT PLAN.— 

10 (A) IN GENERAL.—To be eligible to receive 

11 a grant under this section, an eligible entity 

12 shall develop a plan for leveraging resources, 

13 services, and opportunities available within the 

14 community to be served by the eligible entity in 

15 order to increase, during the regular school cal16 endar, student access to physical activity, and 

17 nutrition education, and nutritious foods. 

18 (B) REQUIREMENTS.—The community-in19 volvement plan shall include— 

20 (i) a needs assessment based on 

21 guidelines established by the Secretary 

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1 cational agency that is partner of the eligi2 ble entity; 

3 (ii) a description of the potential re4 sources, services, and opportunities avail5 able within the community to be served by 

6 the eligible entity, or available near the 

7 community, that the students, the families 

8 of such students, and individuals in the 

9 community may be able to access to meet 

10 the needs identified under clause (i); 

11 (iii) a description of the role of each 

12 of the partners of the eligible entity in pro13 viding services described in subsection (c) 

14 to the students and families of the stu15 dents; 

16 (iv) a strategy for linking students 

17 and the parents and families of the stu18 dents with the opportunities for services 

19 available through the eligible entity; and 

20 (v) a strategy for evaluating the im21 pact of services that will be provided to 

22 students and their families through the eli23 gible entity, including— 

24 (I) a description of the resources, 

25 supports, and opportunities that will 


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1 be leveraged from the community to 

2 provide such services; 

3 (II) a description of how progress 

4 in increasing student access to phys5 ical activity, nutrition education, and 

6 nutritious food will be measured; and 

7 (III) a description of how the im8 pact of increasing student access to 

9 physical activity, nutrition education, 

10 and nutritious food will be measured. 

11 (c) USES OF FUNDS.—An eligible entity receiving a 

12 grant under this section shall use the funds to carry out 

13 1 or more of the following services: 

14 (1) Increasing, during the regular school cal15 endar, student access to physical activity, including 

16 through short bouts of physical activity in the class17 room and structured physical activities that are 

18 taught and led by trained adults during recess. 

19 (2) Increasing, during the regular school cal20 endar, student access to nutrition education, includ21 ing nutrition education provided through the com22 munity by local nutritionists, or other health care 

23 providers. 

24 (3) Increasing, during the regular school cal25 endar, student access to nutritious foods, including 


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1 through food demonstrations with local chefs and 

2 restaurants. 

3 (d) MATCHING REQUIREMENT.—To be eligible to re4 ceive a grant under this section, an eligible entity shall 

5 agree to provide non-Federal contributions in an amount 

6 equal to not less than 50 percent of the amount of Federal 

7 funds provided under a grant under this section. 

8 (e) DURATION.—A grant under this section shall be 

9 awarded for a period of not more than 3 years. 

10 (f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

11 available under this section shall be used to supplement, 

12 and not supplant, any other Federal, State, or local funds 

13 that would otherwise be available to carry out the services 

14 assisted under this section. 

15 (g) REPORTING.—Each eligible entity that receives a 

16 grant under this section shall, on an annual basis during 

17 each year of the grant period, report to the Secretary on— 

18 (1) the number and type of, and the roles 

19 played by, partners of the eligible entity involved in 

20 the development and implementation of the entity’s 

21 community-involvement plan described in subsection 

22 (b)(2); 

23 (2) the services coordinated or provided under 

24 the community-involvement plan; and 


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1 (3) a description of the degree to which the eli2 gible entity has made progress in increasing student 

3 access to physical activity, nutrition education, and 

4 nutritious foods as a result of the services provided 

5 under the community-development plan. 

6 (h) DEFINITIONS.—For purposes of this section: 

7 (1) CHILD-AND-YOUTH-SERVING ORGANIZA8 TION.—The term ‘‘child-and-youth-serving organiza9 tion’’ means a public or private organization with a 

10 primary focus on providing to children and youth, 

11 youth development programs, or health, fitness, edu12 cation, child welfare, psychological, parenting, or 

13 recreation services. 

14 (2) COMMUNITY-BASED ORGANIZATION.—The 

15 term ‘‘community-based organization’’ means a pub16 lic or private nonprofit organization of demonstrated 

17 effectiveness that— 

18 (A) is representative of a community or 

19 significant segments of a community; and 

20 (B) provides nutrition, nutrition education, 

21 or physical fitness services, or other related 

22 services to individuals in the community. 

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1 endar’’ refers to a period during the regular school 

2 calendar during school hours. 

3 (4) ELIGIBLE ENTITY.— 

4 (A) IN GENERAL.—The term ‘‘eligible enti5 ty’’ means a local educational agency partici6 pating in the lunch program under the Richard 

7 B. Russell National and the breakfast program 

8 under section 4 of the Child Nutrition Act of 

9 1966 (42 U.S.C. 1771 et seq.) that has estab10 lished a partnership with 1 or more entities de11 scribed in subparagraph (B). 

12 (B) ENTITIES.—The entities described in 

13 this subparagraph are as follows: 

14 (i) A community-based organization. 

15 (ii) A child-and-youth-serving organi16 zation or agency. 

17 (iii) An institution of higher edu18 cation. 

19 (iv) A hospital or health care provider. 

20 (v) Other business or community part21 ner. 

22 (5) INSTITUTION OF HIGHER EDUCATION.—The 

23 term ‘‘institution of higher education’’ has the 

24 meaning given the term in section 102 of the Higher 

25 Education Act of 1965 (20 U.S.C. 1002). 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary for each of fiscal years 

4 2011 through 2015. 

5 TITLE III—IMPROVING THE MAN6 AGEMENT AND INTEGRITY OF 

7 CHILD NUTRITION PRO8 GRAMS 

9 Subtitle A—National School Lunch 

10 Program 

11 SEC. 301. INDIRECT COSTS. 

12 (a) GUIDANCE ON INDIRECT COSTS RULES.—Not 

13 later than 180 days after the date of enactment of this 

14 Act, the Secretary shall issue guidance to school food au15 thorities participating in the school lunch program estab16 lished under the Richard B. Russell National School 

17 Lunch Act (42 U.S.C. 1751 et seq.) and the school break18 fast program established by section 4 of the Child Nutri19 tion Act of 1966 (42 U.S.C. 1773) covering program rules 

20 pertaining to allowable costs that may be charged to the 

21 nonprofit school food service accounts, including indirect 

22 costs and direct costs. 

23 (b) INDIRECT AND DIRECT COSTS STUDY.—The Sec24 retary shall— 


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1 (1) conduct a study to assess the extent to 

2 which school food authorities participating in the 

3 school lunch program established under the Richard 

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

5 1751 et seq.) and the school breakfast program es6 tablished by section 4 of the Child Nutrition Act of 

7 1966 (42 U.S.C. 1773) pay indirect and direct costs, 

8 including assessments of— 

9 (A) the allocation of indirect and directs 

10 costs to such school food authorities; 

11 (B) the methodologies used to establish in12 direct cost rates for such school food authori13 ties); 

14 (C) the types and amounts of indirect costs 

15 charged and recovered by school districts; 

16 (D) the impact of indirect costs charged to 

17 the nonprofit school food service account of 

18 such school food authorities; 

19 (E) whether the indirect and direct costs 

20 charged or recovered are consistent with re21 quirements for the allocation of costs and 

22 school food service operations; and 

23 (F) the types and amounts of indirect and 

24 direct costs that could be charged or recovered 

25 under requirements for the allocation of costs 


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1 and school food service operations but are not 

2 charged or recovered; and 

3 (2) after completing the study required under 

4 paragraph (1), issue additional guidance relating to 

5 the types of costs that are reasonable and necessary 

6 to provide meals under the Richard B. Russell Na7 tional School Lunch Act (42 U.S.C. 1751 et seq.) 

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

9 1771 et seq.). 

10 (c) REGULATIONS.—After conducting the study 

11 under subsection (b)(1) and identifying costs under sub12 section (b)(2), the Secretary may promulgate regulations 

13 to address— 

14 (1) any identified deficiencies in the allocation 

15 of indirect and direct costs charged to school food 

16 authorities participating in the lunch program under 

17 the Richard B. Russell National School Lunch Act 

18 (42 U.S.C. 1751 et seq.) and the breakfast program 

19 under the Child Nutrition Act of 1966 (42 U.S.C. 

20 1773); and 

21 (2) the authority of school food authorities to 

22 reimburse only those costs identified by the Sec23 retary as reasonable and necessary under subsection 

24 (b)(2). 


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1 (d) REPORT.—Not later than October 1, 2013, the 

2 Secretary shall submit to the Committee on Education and 

3 Labor of the House of Representatives and the Committee 

4 on Agriculture, Nutrition, and Forestry of the Senate a 

5 report that describes the results of the study under sub6 section (b). 

7 (e) FUNDING.— 

8 (1) IN GENERAL.—On October 1, 2010, out of 

9 any funds in the Treasury not otherwise appro10 priated, the Secretary of the Treasury shall transfer 

11 to the Secretary to carry out this section 

12 $2,000,000, to remain available until expended. 

13 (2) RECEIPT AND ACCEPTANCE.—The Sec14 retary shall be entitled to receive, shall accept, and 

15 shall use to carry out this section the funds trans16 ferred under paragraph (1), without further appro17 priation. 

18 (f) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect on July 1, 2011. 

20 SEC. 302. REVENUE FROM NONPROGRAM FOODS SOLD IN 

21 SCHOOLS. 

22 (a) AMENDMENT.—Section 12 of the Richard B. 

23 Russell National School Lunch Act (42 U.S.C. 1760) (as 

24 amended by section 242) is amended by adding at the end 

25 the following: 


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1 ‘‘(q) NONPROGRAM FOOD SALES.— 

2 ‘‘(1) DEFINITION OF NONPROGRAM FOOD.—In 

3 this subsection: 

4 ‘‘(A) IN GENERAL.—The term nonprogram 

5 food means food that is— 

6 ‘‘(i) sold in a participating school 

7 other than a reimbursable meal provided 

8 under this Act or the Child Nutrition Act 

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

10 ‘‘(ii) purchased using funds from the 

11 nonprofit school food service account of the 

12 school food authority of the school. 

13 ‘‘(B) INCLUSION.—The term nonprogram 

14 food includes food that is sold in competition 

15 with a program established under this Act or 

16 the Child Nutrition Act of 1966 (42 U.S.C. 

17 1771 et seq.). 

18 ‘‘(2) REVENUES.— 

19 ‘‘(A) IN GENERAL.—The proportion of 

20 total school food service revenue provided by the 

21 sale of nonprogram foods to the total revenue 

22 of the school food service account shall be equal 

23 to or greater than the proportion of total food 

24 costs associated with obtaining nonprogram 

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1 ing program and nonprogram foods from the 

2 account. 

3 ‘‘(B) ACCRUAL.—All revenue from the sale 

4 of nonprogram foods shall accrue to the non5 profit school food service account of a partici6 pating school food authority. 

7 ‘‘(3) REPORT.—Not later than 4 years after en8 actment of this subsection, the Secretary shall sub9 mit to the Committee on Education and Labor of 

10 the House of Representatives and the Committee on 

11 Agriculture, Nutrition, and Forestry of the Senate a 

12 report describing the impact of implementation of 

13 this subsection on financial accounting processes and 

14 procedures, the nonprofit school food service ac15 count, and school food service operations.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall take effect on July 1, 2011. 

18 SEC. 303. REPORTING AND NOTIFICATION OF SCHOOL PER19 FORMANCE. 

20 Section 22 of the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1769c) is amended— 

22 (1) by striking subsection (a) and inserting the 

23 following: 

24 ‘‘(a) UNIFIED ACCOUNTABILITY SYSTEM.— 


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1 ‘‘(1) IN GENERAL.—There shall be a unified 

2 system prescribed and administered by the Secretary 

3 to ensure that local food service authorities partici4 pating in the school lunch program established 

5 under this Act and the school breakfast program es6 tablished by section 4 of the Child Nutrition Act of 

7 1966 (42 U.S.C. 1773) comply with those Acts, in8 cluding compliance with— 

9 ‘‘(A) the nutritional requirements of sec10 tion 9(f) of this Act for school lunches; and 

11 ‘‘(B) as applicable, the nutritional require12 ments for school breakfasts under section 

13 4(e)(1) of the Child Nutrition Act of 1966 (42 

14 U.S.C. 1773(e)(1)).’’; and 

15 (2) in subsection (b)(1), by striking subpara16 graphs (A) and (B) and inserting the following: 

17 ‘‘(A) require that local food service au18 thorities comply with the nutritional require19 ments described in subparagraphs (A) and (B) 

20 of paragraph (1); 

21 ‘‘(B) to the maximum extent practicable, 

22 ensure compliance through reasonable audits 

23 and supervisory assistance reviews; 

24 ‘‘(C) in conducting audits and reviews for 

25 the purpose of determining compliance with this 


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1 Act, including the nutritional requirements of 

2 section 9(f)— 

3 ‘‘(i) conduct audits and reviews dur4 ing a 3-year cycle or other period pre5 scribed by the Secretary; 

6 ‘‘(ii) select schools for review in each 

7 local educational agency using criteria es8 tablished by the Secretary; 

9 ‘‘(iii) report the final results of the re10 views to the public in the State in an ac11 cessible, easily understood manner in ac12 cordance with guidelines promulgated by 

13 the Secretary; and 

14 ‘‘(iv) submit to the Secretary each 

15 year a report containing the results of the 

16 reviews in accordance with procedures de17 veloped by the Secretary; and 

18 ‘‘(D) when any local food service authority 

19 is reviewed under this section, ensure that the 

20 final results of the review by the State edu21 cational agency are posted and otherwise made 

22 available to the public on request in an acces23 sible, easily understood manner in accordance 

24 with guidelines promulgated by the Secretary.’’. 


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1 SEC. 304. COMPLIANCE AND ACCOUNTABILITY STUDY. 

2 (a) IN GENERAL.—The Secretary of Agriculture shall 

3 conduct a study to— 

4 (1) assess the effectiveness and efficiency of ad5 ministrative review systems to ensure— 

6 (A) each local educational agency partici7 pating in the school lunch program established 

8 under the Richard B. Russell National School 

9 Lunch Act (42 U.S.C. 1751 et seq.) complies 

10 with the provisions of such Act, including the 

11 provisions with respect to nutrition, eligibility, 

12 meal counts, and claims for reimbursement; 

13 (B) each local educational agency partici14 pating in the school breakfast program estab15 lished under section 4 of the Child Nutrition 

16 Act of 1966 (42 U.S.C. 1773) complies with the 

17 provisions of such Act, including the provisions 

18 with respect to nutrition, eligibility, meal 

19 counts, and claims for reimbursement; and 

20 (C) each local educational agency described 

21 in subparagraphs (A) and (B) is accountable 

22 for the compliance described in such subpara23 graphs; 

24 (2) design and test alternative processes and 

25 procedures that may improve the effectiveness and 

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1 scribed in paragraph (1), and determine the optimal 

2 frequency for carrying out reviews under such sys3 tems; and 

4 (3) identify any alternative processes and proce5 dures for establishing a more effective and efficient 

6 administrative review system that— 

7 (A) reflect the results of tests of alter8 native processes and procedures conducted pur9 suant to paragraph (2); and 

10 (B) consider the practicality of imple11 menting such alternative processes and proce12 dures, including the cost and burden of imple13 mentation that would be imposed on school food 

14 authorities, local educational agencies, and 

15 State educational agencies. 

16 (b) REPORT.—Not later than 3 years after the date 

17 of the enactment of this Act, the Secretary of Agriculture 

18 shall submit to the Committee on Education and Labor 

19 of the House of Representatives and the Committee on 

20 Agriculture, Nutrition, and Forestry of the Senate, a re21 port that describes the results and recommendations of the 

22 study conducted pursuant to subsection (a). 

23 (c) REGULATIONS.—The Secretary of Agriculture 

24 may prescribe regulations as may be necessary to imple25 ment the processes or procedures identified pursuant to 


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1 subsection (a)(3) for establishing an effective and efficient 

2 administrative review system. 

3 (d) FUNDING.— 

4 (1) IN GENERAL.—Upon the date of the enact5 ment of this Act, out of any funds in the Treasury 

6 not otherwise appropriated, the Secretary of the 

7 Treasury shall transfer to the Secretary of Agri8 culture $3,000,000 to carry out this section, to re9 main available until expended. 

10 (2) RECEIPT AND ACCEPTANCE.—The Sec11 retary of Agriculture shall be entitled to receive, 

12 shall accept, and shall use to carry out this section 

13 the funds transferred under paragraph (1), without 

14 further appropriation. 

15 SEC. 305. APPLICABILITY OF FOOD SAFETY PROGRAM ON 

16 ENTIRE SCHOOL CAMPUS. 

17 Section 9(h) of the Richard B. Russell National 

18 School Lunch Act (42 U.S.C. 1758(h)) is amended— 

19 (1) in paragraph (1), by amending subpara20 graph (B) to read as follows: 

21 ‘‘(B) post a report on the most recent in22 spection conducted under subparagraph (A) 

23 in— 

24 ‘‘(i) a publicly visible location in the 

25 school foodservice area; and 


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1 ‘‘(ii) a publicly accessible location on 

2 the Internet website of the local edu3 cational agency.’’; 

4 (2) in paragraph (5)— 

5 (A) by striking ‘‘Each school authority’’ 

6 and inserting the following: 

7 ‘‘(A) IN GENERAL.—Each school food au8 thority’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(B) APPLICABILITY.—The requirements 

11 of the school food safety program described in 

12 subparagraph (A) shall apply to any facility or 

13 part of a facility where food is stored, prepared, 

14 and served for the purposes of the school nutri15 tion programs under this Act and the school 

16 breakfast program under section 4 of the Child 

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

18 (3) by adding at the end the following: 

19 ‘‘(6) TRAINING REQUIREMENT.— 

20 ‘‘(A) IN GENERAL.—Each school food au21 thority participating in a program under this 

22 Act shall ensure that all school food service 

23 workers employed by the authority shall— 

24 ‘‘(i) have access to appropriate train25 ing under a qualified training program, as 


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1 described in subparagraph (B), on safe 

2 handling, preparation, and delivery of food 

3 to children participating in the school meal 

4 programs; and 

5 ‘‘(ii) comply with a performance 

6 standard for safe food handling, deter7 mined by the Secretary that is consistent 

8 with nationally recognized standards appli9 cable to the preparation and delivery of 

10 meals served to children in a school envi11 ronment. 

12 ‘‘(B) QUALIFIED TRAINING PROGRAM.— 

13 School foodservice workers shall have access to 

14 comprehensive food safety training programs 

15 that, at a minimum, shall— 

16 ‘‘(i) be based on a process approach to 

17 Hazard Analysis Critical Control Point 

18 (HACCP) principles established by the 

19 Secretary; and 

20 ‘‘(ii) include training related to— 

21 ‘‘(I) personal hygiene and patho22 gens, including characteristics of ill23 ness (including foodborne illnesses); 


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1 ‘‘(II) safe food service operations, 

2 including kitchen sanitation and 

3 equipment maintenance; 

4 ‘‘(III) safe food handling, prepa5 ration, and delivery including storage, 

6 thawing, prepping, cooking, cooling 

7 and reheating practices for all forms 

8 of food, including fresh, frozen, and 

9 canned food; and 

10 ‘‘(IV) other such topics deter11 mined by the Secretary.’’. 

12 SEC. 306. ENSURING SAFETY OF SCHOOL MEALS. 

13 The Richard B. Russell National School Lunch Act 

14 is amended by after section 28 (42 U.S.C. 1769i) the fol15 lowing: 

16 ‘‘SEC. 29. ENSURING SAFETY OF SCHOOL MEALS. 

17 ‘‘(a) FOOD AND NUTRITION SERVICE.—Not later 

18 than 1 year after the date of enactment of the Improving 

19 Nutrition for America’s Children Act, the Secretary, act20 ing through the Administrator of the Food and Nutrition 

21 Service, shall— 

22 ‘‘(1) in consultation with the Administrator of 

23 the Agricultural Marketing Service and the Adminis24 trator of the Farm Service Agency, develop guide25 lines to determine the circumstances under which it 


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1 is appropriate for the Secretary to institute an ad2 ministrative hold on suspect foods purchased by the 

3 Secretary that are being used in school meal pro4 grams under this Act and the Child Nutrition Act 

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

6 ‘‘(2) work with States to explore ways for the 

7 States to increase the timeliness of notification of 

8 food recalls to schools and school food authorities; 

9 ‘‘(3) improve the timeliness and completeness of 

10 direct communication between the Food and Nutri11 tion Service and States about holds and recalls, such 

12 as through the commodity alert system of the Food 

13 and Nutrition Service; and 

14 ‘‘(4) establish a timeframe to improve the com15 modity hold and recall procedures of the Department 

16 of Agriculture to address the role of processors and 

17 determine the involvement of distributors with proc18 essed products that may contain recalled ingredients, 

19 to facilitate the provision of more timely and com20 plete information to schools. 

21 ‘‘(b) FOOD SAFETY AND INSPECTION SERVICE.—Not 

22 later than 1 year after the date of enactment of the Im23 proving Nutrition for America’s Children Act the Sec24 retary, acting through the Administrator of the Food 

25 Safety and Inspection Service, shall revise the procedures 


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1 of the Food Safety and Inspection Service to ensure that 

2 schools are included in effectiveness checks.’’. 

3 SEC. 307. INFORMATION ON COMMODITY FOOD SUPPLIERS. 

4 Section 6 of the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1755) is amended by adding at the 

6 end the following: 

7 ‘‘(f) COMMODITY FOOD VENDORS.—The Secretary 

8 shall make available to State agencies, school food authori9 ties, and the public on the website maintained by the Sec10 retary— 

11 ‘‘(1) a current listing of vendors that supply 

12 commodity foods for use in the school nutrition pro13 grams under this Act and the Child Nutrition Act 

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

15 ‘‘(2) information on the commodity food sup16 plied by each such vendor; and 

17 ‘‘(3) any other information related to each such 

18 vendor, as determined by the Secretary.’’. 

19 SEC. 308. PRIVACY PROTECTION. 

20 Section 9(d)(1) of the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1758(d)(1)) is amended— 

22 (1) in the first sentence, by inserting ‘‘the last 

23 4 digits of’’ before ‘‘the social security account num24 ber’’; and 

25 (2) by striking the second sentence. 


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1 SEC. 309. FINES FOR VIOLATING PROGRAM REQUIRE2 MENTS. 

3 Section 22 of the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1769c) is amended by adding at 

5 the end the following: 

6 ‘‘(e) FINES FOR VIOLATING PROGRAM REQUIRE7 MENTS.— 

8 ‘‘(1) SCHOOL FOOD AUTHORITIES AND

9 SCHOOLS.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 establish criteria by which the Secretary or a 

12 State agency may impose a fine against any 

13 school food authority or school administering a 

14 program authorized under this Act or the Child 

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

16 if the Secretary or the State agency determines 

17 that the school food authority or school has— 

18 ‘‘(i) failed to correct severe mis19 management of the program; 

20 ‘‘(ii) disregarded a program require21 ment of which the school food authority or 

22 school had been informed; or 

23 ‘‘(iii) failed to correct repeated viola24 tions of program requirements. 

25 ‘‘(B) LIMITS.— 


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1 ‘‘(i) IN GENERAL.—In calculating the 

2 fine for a school food authority or school, 

3 the Secretary shall base the amount of the 

4 fine on the reimbursement earned by 

5 school food authority or school for the pro6 gram in which the violation occurred. 

7 ‘‘(ii) AMOUNT.—The amount under 

8 clause (i) shall not exceed— 

9 ‘‘(I) 1 percent of the amount of 

10 meal reimbursements earned for the 

11 fiscal year for the first finding of 1 or 

12 more program violations under sub13 paragraph (A); 

14 ‘‘(II) 5 percent of the amount of 

15 meal reimbursements earned for the 

16 fiscal year for the second finding of 1 

17 or more program violations under sub18 paragraph (A); and 

19 ‘‘(III) 10 percent of the amount 

20 of meal reimbursements earned for 

21 the fiscal year for the third or subse22 quent finding of 1 or more program 

23 violations under subparagraph (A). 

24 ‘‘(2) STATE AGENCIES.— 


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

2 establish criteria by which the Secretary may 

3 impose a fine against any State agency admin4 istering a program authorized under this Act or 

5 the Child Nutrition Act of 1966 (42 U.S.C. 

6 1771 et seq.) if the Secretary determines that 

7 the State agency has— 

8 ‘‘(i) failed to correct severe mis9 management of the program; 

10 ‘‘(ii) disregarded a program require11 ment of which the State had been in12 formed; or 

13 ‘‘(iii) failed to correct repeated viola14 tions of program requirements. 

15 ‘‘(B) LIMITS.—In the case of a State agen16 cy, the amount of a fine under subparagraph 

17 (A) shall not exceed— 

18 ‘‘(i) 1 percent of funds made available 

19 under section 7(a) of the Child Nutrition 

20 Act of 1966 (42 U.S.C. 1776(a)) for State 

21 administrative expenses during a fiscal 

22 year for the first finding of 1 or more pro23 gram violations under subparagraph (A); 

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1 tion Act of 1966 (42 U.S.C. 1776(a)) for 

2 State administrative expenses during a fis3 cal year for the second finding of 1 or 

4 more program violations under subpara5 graph (A); and 

6 ‘‘(iii) 10 percent of funds made avail7 able under section 7(a) of the Child Nutri8 tion Act of 1966 (42 U.S.C. 1776(a)) for 

9 State administrative expenses during a fis10 cal year for the third or subsequent finding 

11 of 1 or more program violations under sub12 paragraph (A). 

13 ‘‘(3) SOURCE OF FUNDING.—Funds to pay a 

14 fine imposed under paragraph (1) or (2) shall be de15 rived from non-Federal sources.’’. 

16 SEC. 310. INDEPENDENT REVIEW OF APPLICATIONS. 

17 Section 22(b) of the Richard B. Russell National 

18 School Lunch Act (42 U.S.C. 1769c(b)) is amended by 

19 adding at the end the following: 

20 ‘‘(6) ELIGIBILITY DETERMINATION REVIEW FOR

21 SELECTED LOCAL EDUCATIONAL AGENCIES.— 

22 ‘‘(A) IN GENERAL.—A local educational 

23 agency that has demonstrated a high level of, or 

24 a high risk for, administrative error associated 

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1 istrative processes, as determined by the Sec2 retary, shall ensure that the initial eligibility de3 termination for each application is reviewed for 

4 accuracy prior to notifying a household of the 

5 eligibility or ineligibility of the household for 

6 free or reduced price meals. 

7 ‘‘(B) TIMELINESS.—The review of initial 

8 eligibility determinations— 

9 ‘‘(i) shall be completed in a timely 

10 manner; and 

11 ‘‘(ii) shall not result in the delay of an 

12 eligibility determination for more than 10 

13 operating days after the date on which the 

14 application is submitted. 

15 ‘‘(C) ACCEPTABLE TYPES OF REVIEW.— 

16 Subject to standards established by the Sec17 retary, the system used to review eligibility de18 terminations for accuracy shall be conducted by 

19 an individual or entity that did not make the 

20 initial eligibility determination. 

21 ‘‘(D) NOTIFICATION OF HOUSEHOLD.— 

22 Once the review of an eligibility determination 

23 has been completed under this paragraph, the 

24 household shall be notified immediately of the 


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1 determination of eligibility or ineligibility for 

2 free or reduced price meals. 

3 ‘‘(E) REPORTING.— 

4 ‘‘(i) LOCAL EDUCATIONAL AGEN5 CIES.—In accordance with procedures es6 tablished by the Secretary, each local edu7 cational agency required to review initial 

8 eligibility determinations shall submit to 

9 the relevant State agency a report describ10 ing the results of the reviews, including— 

11 ‘‘(I) the number and percentage 

12 of reviewed applications for which the 

13 eligibility determination was changed 

14 and the type of change made; and 

15 ‘‘(II) such other information as 

16 the Secretary determines to be nec17 essary. 

18 ‘‘(ii) STATE AGENCIES.—In accord19 ance with procedures established by the 

20 Secretary, each State agency shall submit 

21 to the Secretary a report describing the re22 sults of the reviews of initial eligibility de23 terminations, including— 

24 ‘‘(I) the number and percentage 

25 of reviewed applications for which the 


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1 eligibility determination was changed 

2 and the type of change made; and 

3 ‘‘(II) such other information as 

4 the Secretary determines to be nec5 essary. 

6 ‘‘(iii) TRANSPARENCY.—The Sec7 retary shall publish annually the results of 

8 the reviews of initial eligibility determina9 tions by State, number, percentage, and 

10 type of error.’’. 

11 SEC. 311. PROGRAM EVALUATION. 

12 Section 28 of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1769i) is amended by adding at 

14 the end the following: 

15 ‘‘(c) COOPERATION WITH PROGRAM RESEARCH AND

16 EVALUATION.—States, State educational agencies, local 

17 educational agencies, schools, institutions, facilities, and 

18 contractors participating in programs authorized under 

19 this Act and the Child Nutrition Act of 1966 (42 U.S.C. 

20 1771 et seq.) shall cooperate with officials and contractors 

21 acting on behalf of the Secretary, in the conduct of evalua22 tions and studies under those Acts.’’. 


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1 Subtitle B—Summer Food Service 

2 Program 

3 SEC. 321. SUMMER FOOD SERVICE PROGRAM PERMANENT 

4 OPERATING AGREEMENTS. 

5 Section 13(b) of the Richard B. Russell National 

6 School Lunch Act (42 U.S.C. 1761(b)) is amended by 

7 striking paragraph (3) and inserting the following: 

8 ‘‘(3) PERMANENT OPERATING AGREEMENTS

9 AND BUDGET FOR ADMINISTRATIVE COSTS.— 

10 ‘‘(A) PERMANENT OPERATING AGREE11 MENTS.— 

12 ‘‘(i) IN GENERAL.—Subject to clauses 

13 (ii) and (iii), to participate in the program, 

14 a service institution that meets the condi15 tions of eligibility described in this section 

16 and in regulations promulgated by the Sec17 retary, shall be required to enter into a 

18 permanent agreement with the applicable 

19 State agency. 

20 ‘‘(ii) AMENDMENTS.—A permanent 

21 agreement described in clause (i) may be 

22 amended as necessary to ensure that the 

23 service institution is in compliance with all 

24 requirements established in this section or 

25 by the Secretary. 


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1 ‘‘(iii) TERMINATION.—A permanent 

2 agreement described in clause (i)— 

3 ‘‘(I) may be terminated for con4 venience by the service institution and 

5 State agency that is a party to the 

6 permanent agreement; and 

7 ‘‘(II) shall be terminated— 

8 ‘‘(aa) for cause by the appli9 cable State agency in accordance 

10 with subsection (q) and with reg11 ulations promulgated by the Sec12 retary; or 

13 ‘‘(bb) on termination of par14 ticipation of the service institu15 tion in the program. 

16 ‘‘(B) BUDGET FOR ADMINISTRATIVE

17 COSTS.— 

18 ‘‘(i) IN GENERAL.—When applying for 

19 participation in the program, and not less 

20 frequently than annually thereafter, each 

21 service institution shall submit a complete 

22 budget for administrative costs related to 

23 the program, which shall be subject to ap24 proval by the State. 


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1 ‘‘(ii) AMOUNT.—Payment to service 

2 institutions for administrative costs shall 

3 equal the levels determined by the Sec4 retary pursuant to the study required in 

5 paragraph (4).’’. 

6 SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALI7 FICATION. 

8 Section 13 of the Richard B. Russell National School 

9 Lunch Act (42 U.S.C. 1761) is amended— 

10 (1) by redesignating subsection (q) as sub11 section (r); and 

12 (2) by inserting after subsection (p) the fol13 lowing: 

14 ‘‘(q) TERMINATION AND DISQUALIFICATION OF PAR15 TICIPATING ORGANIZATIONS.— 

16 ‘‘(1) IN GENERAL.—Each State agency shall 

17 follow the procedures established by the Secretary 

18 for the termination of participation of institutions 

19 under the program. 

20 ‘‘(2) FAIR HEARING.—The procedures described 

21 in paragraph (1) shall include provision for a fair 

22 hearing and prompt determination for any service 

23 institution aggrieved by any action of the State 

24 agency that affects— 


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1 ‘‘(A) the participation of the service insti2 tution in the program; or 

3 ‘‘(B) the claim of the service institution for 

4 reimbursement under this section. 

5 ‘‘(3) LIST OF DISQUALIFIED INSTITUTIONS AND

6 INDIVIDUALS.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 maintain a list of service institutions and indi9 viduals that have been terminated or otherwise 

10 disqualified from participation in the program 

11 under the procedures established pursuant to 

12 paragraph (1). 

13 ‘‘(B) AVAILABILITY.—The Secretary shall 

14 make the list available to States for use in ap15 proving or renewing applications by service in16 stitutions for participation in the program.’’. 

17 Subtitle C—Child and Adult Care 

18 Food Program 

19 SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PER20 MANENT OPERATING AGREEMENTS. 

21 (a) PERMANENT OPERATING AGREEMENTS.—Sec22 tion 17(d)(1) of the Richard B. Russell National School 

23 Lunch Act (42 U.S.C. 1766(d)(1)) is amended by adding 

24 at the end the following: 


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1 ‘‘(E) PERMANENT OPERATING AGREE2 MENTS.— 

3 ‘‘(i) IN GENERAL.—Subject to clauses 

4 (ii) and (iii), to participate in the child and 

5 adult care food program, an institution 

6 that meets the conditions of eligibility de7 scribed in this subsection shall be required 

8 to enter into a permanent agreement with 

9 the applicable State agency. 

10 ‘‘(ii) AMENDMENTS.—A permanent 

11 agreement described in clause (i) may be 

12 amended as necessary to ensure that the 

13 institution is in compliance with all re14 quirements established in this section or by 

15 the Secretary. 

16 ‘‘(iii) TERMINATION.—A permanent 

17 agreement described in clause (i)— 

18 ‘‘(I) may be terminated for con19 venience by the institution or State 

20 agency that is a party to the perma21 nent agreement; and 

22 ‘‘(II) shall be terminated— 

23 ‘‘(aa) for cause by the appli24 cable State agency in accordance 

25 with paragraph (5); or 


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1 ‘‘(bb) on termination of par2 ticipation of the institution in the 

3 child and adult care food pro4 gram.’’. 

5 (b) APPLICATIONS AND REVIEWS.—Section 17(d) of 

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

7 U.S.C. 1766(d)) is amended by striking paragraph (2) and 

8 inserting the following: 

9 ‘‘(2) PROGRAM APPLICATIONS.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 develop a policy under which each institution 

12 providing child care that participates in the 

13 program under this section shall— 

14 ‘‘(i) submit to the State agency an ini15 tial application to participate in the pro16 gram that meets all requirements estab17 lished by the Secretary by regulation; 

18 ‘‘(ii) annually confirm to the State 

19 agency that the institution, and any facili20 ties of the institution in which the program 

21 is operated by a sponsoring organization, is 

22 in compliance with subsection (a)(5); and 

23 ‘‘(iii) annually submit to the State 

24 agency any additional information nec25 essary to confirm that the institution is in 


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1 compliance with all other requirements to 

2 participate in the program, as established 

3 in this Act and by the Secretary by regula4 tion. 

5 ‘‘(B) REQUIRED REVIEWS OF SPONSORED

6 FACILITIES.— 

7 ‘‘(i) IN GENERAL.—The Secretary 

8 shall develop a policy under which each 

9 sponsoring organization participating in 

10 the program under this section shall con11 duct— 

12 ‘‘(I) periodic unannounced site 

13 visits at not less than 3-year intervals 

14 to sponsored child and adult care cen15 ters and family or group day care 

16 homes to identify and prevent man17 agement deficiencies and fraud and 

18 abuse under the program; and 

19 ‘‘(II) at least 1 scheduled site 

20 visit each year to sponsored child and 

21 adult care centers and family or group 

22 day care homes to identify and pre23 vent management deficiencies and 

24 fraud and abuse under the program 

25 and to improve program operations. 


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1 ‘‘(ii) VARIED TIMING.—Sponsoring or2 ganizations shall vary the timing of unan3 nounced reviews under clause (i)(I) in a 

4 manner that makes the reviews unpredict5 able to sponsored facilities. 

6 ‘‘(C) REQUIRED REVIEWS OF INSTITU7 TIONS.—The Secretary shall develop a policy 

8 under which each State agency shall conduct— 

9 ‘‘(i) at least 1 scheduled site visit at 

10 not less than 3-year intervals to each insti11 tution under the State agency participating 

12 in the program under this section— 

13 ‘‘(I) to identify and prevent man14 agement deficiencies and fraud and 

15 abuse under the program; and 

16 ‘‘(II) to improve program oper17 ations; and 

18 ‘‘(ii) more frequent reviews of any in19 stitution that— 

20 ‘‘(I) sponsors a significant share 

21 of the facilities participating in the 

22 program; 

23 ‘‘(II) conducts activities other 

24 than the program authorized under 

25 this section; 


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1 ‘‘(III) has serious management 

2 problems, as identified in a prior re3 view, or is at risk of having serious 

4 management problems; or 

5 ‘‘(IV) meets such other criteria 

6 as are defined by the Secretary. 

7 ‘‘(D) DETECTION AND DETERRENCE OF

8 ERRONEOUS PAYMENTS AND FALSE CLAIMS.— 

9 ‘‘(i) IN GENERAL.—The Secretary 

10 may develop a policy to detect and deter, 

11 and recover erroneous payments to, and 

12 false claims submitted by, institutions, 

13 sponsored child and adult care centers, and 

14 family or group day care homes partici15 pating in the program under this section. 

16 ‘‘(ii) BLOCK CLAIMS.— 

17 ‘‘(I) DEFINITION OF BLOCK

18 CLAIM.—In this clause, the term block 

19 claim has the meaning given the term 

20 in section 226.2 of title 7, Code of 

21 Federal Regulations (or successor reg22 ulations). 

23 ‘‘(II) PROGRAM EDIT CHECKS.— 

24 The Secretary may not require any 

25 State agency, sponsoring organization, 


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1 or other institution to perform edit 

2 checks or on-site reviews relating to 

3 the detection of block claims by any 

4 child care facility. 

5 ‘‘(III) ALLOWANCE.—Notwith6 standing subclause (II), the Secretary 

7 may require any State agency, spon8 soring organization, or other institu9 tion to collect, store, and transmit to 

10 the appropriate entity information 

11 necessary to develop any other policy 

12 developed under clause (i).’’. 

13 (c) AGREEMENTS.—Section 17(j)(1) of the Richard 

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

15 1766(j)(1)) is amended— 

16 (1) by striking ‘‘may’’ and inserting ‘‘shall’’; 

17 (2) by striking ‘‘family or group day care’’ the 

18 first place it appears; and 

19 (3) by inserting ‘‘or sponsored day care cen20 ters’’ before ‘‘participating’’. 

21 SEC. 332. STATE LIABILITY FOR PAYMENTS TO AGGRIEVED 

22 CHILD CARE INSTITUTIONS. 

23 Section 17(e) of the Richard B. Russell National 

24 School Lunch Act (42 U.S.C. 1766(e)) is amended— 


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1 (1) in paragraph (3), by striking ‘‘(3) If a 

2 State’’ and inserting the following: 

3 ‘‘(5) SECRETARIAL HEARING.—If a State’’; and 

4 (2) by striking ‘‘(e) Except as provided’’ and all 

5 that follows through ‘‘(2) A State’’ and inserting the 

6 following: 

7 ‘‘(e) HEARINGS.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (4), each State agency shall provide, in ac10 cordance with regulations promulgated by the Sec11 retary, an opportunity for a fair hearing and a 

12 prompt determination to any institution aggrieved 

13 by any action of the State agency that affects— 

14 ‘‘(A) the participation of the institution in 

15 the program authorized by this section; or 

16 ‘‘(B) the claim of the institution for reim17 bursement under this section. 

18 ‘‘(2) REIMBURSEMENT.—In accordance with 

19 paragraph (3), a State agency that fails to meet 

20 timeframes for providing an opportunity for a fair 

21 hearing and a prompt determination to any institu22 tion under paragraph (1) in accordance with regula23 tions promulgated by the Secretary, shall pay, from 

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1 tution during the period beginning on the day after 

2 the end of any regulatory deadline for providing the 

3 opportunity and making the determination and end4 ing on the date on which a hearing determination is 

5 made. 

6 ‘‘(3) NOTICE TO STATE AGENCY.—The Sec7 retary shall provide written notice to a State agency 

8 at least 30 days prior to imposing any liability for 

9 reimbursement under paragraph (2). 

10 ‘‘(4) FEDERAL AUDIT DETERMINATION.—A 

11 State’’. 

12 SEC. 333. APPLICATION SUBMISSION BY SPONSORED FAM13 ILY OR GROUP DAY CARE HOMES. 

14 Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell 

15 National School Lunch Act (42 U.S.C. 

16 1766(f)(3)(A)(iii)(III)) is amended by adding at the end 

17 the following: 

18 ‘‘(dd) APPLICATION SUBMIS19 SION.—If a family or group day 

20 care home elects to be provided 

21 reimbursement factors described 

22 in subclause (II), the family or 

23 group day care home may assist 

24 in the transmission of necessary 

25 household income information to 


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1 the family or group day care 

2 home sponsoring organization in 

3 accordance with the policy de4 scribed in item (ee). 

5 ‘‘(ee) POLICY.—The Sec6 retary shall develop a policy 

7 under which a sponsored family 

8 or group day care home described 

9 in item (dd) may, under terms 

10 and conditions specified by the 

11 Secretary and with the written 

12 consent of the parents or guard13 ians of a child in a family or 

14 group day care home partici15 pating in the program, assist in 

16 the transmission of the income 

17 information of the family to the 

18 family or group day care home 

19 sponsoring organization.’’. 

20 SEC. 334. ADMINISTRATIVE PAYMENTS TO SPONSORING 

21 ORGANIZATIONS. 

22 Section 17(f)(3)(B) of the Richard B. Russell Na23 tional School Lunch Act (42 U.S.C. 1766(f)(3)(B)) is 

24 amended to read as follows: 


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1 ‘‘(B) ADMINISTRATIVE REIMBURSE2 MENTS.— 

3 ‘‘(i) IN GENERAL.—In addition to re4 imbursement provided under subparagraph 

5 (A), family or group day care home spon6 soring organizations shall receive reim7 bursement for the administrative expenses 

8 in amounts not less than the sum of the 

9 product obtained by multiplying— 

10 ‘‘(I) the number of family and 

11 group day care homes of the spon12 soring organization submitting a claim 

13 for reimbursement in each month; by 

14 ‘‘(II) the administrative reim15 bursement rate prescribed by the Sec16 retary. 

17 ‘‘(ii) ADMINISTRATIVE REIMBURSE18 MENT RATE.—Effective July 1, 2011, the 

19 Secretary shall increase the administrative 

20 reimbursement rate prescribed by the Sec21 retary under clause (i)(II) by $5 for each 

22 family and group day care home of the 

23 sponsoring organization submitting a claim 

24 for reimbursement. 


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1 ‘‘(iii) ANNUAL ADJUSTMENT.—The re2 imbursement levels specified in clause (i) 

3 shall be adjusted July 1 of each year to re4 flect changes in the Consumer Price Index 

5 for All Urban Consumers published by the 

6 Bureau of Labor Statistics of the Depart7 ment of Labor for all items for the most 

8 recent 12-month period for which data are 

9 available. 

10 ‘‘(iv) CARRYOVER FUNDS.—The Sec11 retary shall develop procedures under 

12 which not more than 10 percent of the 

13 amount made available to sponsoring orga14 nizations for a fiscal year under this sec15 tion for administrative expenses for a fiscal 

16 year may remain available to such organi17 zations for obligation or expenditure for 

18 the succeeding fiscal year for such pur19 pose.’’. 

20 SEC. 335. CHILD AND ADULT CARE FOOD PROGRAM AUDIT 

21 FUNDING. 

22 Section 17(i) of the Richard B. Russell National 

23 School Lunch Act (42 U.S.C. 1766(i)) is amended by 

24 striking paragraph (2) and inserting the following: 

25 ‘‘(2) FUNDING.— 


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

2 make available for each fiscal year to each 

3 State agency administering the child and adult 

4 care food program, for the purpose of con5 ducting audits of participating institutions, an 

6 amount of up to 1.5 percent of the funds used 

7 by each State in the program under this sec8 tion, during the second preceding fiscal year. 

9 ‘‘(B) ADDITIONAL FUNDING.— 

10 ‘‘(i) IN GENERAL.—Subject to clause 

11 (ii), for fiscal year 2016 and each fiscal 

12 year thereafter, the Secretary may increase 

13 the amount of funds made available to any 

14 State agency under subparagraph (A), if 

15 the State agency demonstrates that the 

16 State agency can effectively use the funds 

17 to improve program management under 

18 criteria established by the Secretary. 

19 ‘‘(ii) LIMITATION.—The total amount 

20 of funds made available to any State agen21 cy under this paragraph shall not exceed 2 

22 percent of the funds used by each State 

23 agency in the program under this section, 

24 during the second preceding fiscal year.’’. 


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1 SEC. 336. REDUCING PAPERWORK AND IMPROVING PRO2 GRAM ADMINISTRATION. 

3 Section 17 of the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘(u) REDUCING PAPERWORK AND IMPROVING PRO7 GRAM ADMINISTRATION.— 

8 ‘‘(1) ESTABLISHMENT.—The Secretary, in con9 junction with States and participating institutions, 

10 shall continue to examine the feasibility of reducing 

11 unnecessary or duplicative paperwork resulting from 

12 regulations and recordkeeping requirements for 

13 State agencies, institutions, family and group day 

14 care homes, and sponsored centers participating in 

15 the program 

16 ‘‘(2) DUTIES.—At a minimum, the examination 

17 shall include— 

18 ‘‘(A) review and evaluation of the rec19 ommendations, guidance, and regulatory prior20 ities developed and issued to comply with sec21 tion 119(i) of the Child Nutrition and WIC Re22 authorization Act of 2004 (42 U.S.C. 1766 

23 note; Public Law 108–265); 

24 ‘‘(B) examination of additional paperwork 

25 and administrative requirements that have been 


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1 established since February 23, 2007, that could 

2 be reduced or simplified; and 

3 ‘‘(C) examination of any other aspect re4 garding the administration of the program, as 

5 determined by the Secretary. 

6 ‘‘(3) REPORT.—Not later than 4 years after the 

7 date of enactment of this Act, the Secretary shall 

8 submit to the Committee on Education and Labor of 

9 the House of Representatives and the Committee on 

10 Agriculture, Nutrition, and Forestry of the Senate a 

11 report that describes the actions that have been 

12 taken to carry out this section, including— 

13 ‘‘(A) actions taken to address administra14 tive and paperwork burdens identified as a re15 sult of compliance with section 119(i) of the 

16 Child Nutrition and WIC Reauthorization Act 

17 of 2004 (42 U.S.C. 1766 note; Public Law 

18 108–265); 

19 ‘‘(B) administrative and paperwork bur20 dens identified as a result of compliance with 

21 section 119(i) of that Act for which no regu22 latory action or policy guidance has been taken; 

23 ‘‘(C) additional steps that the Secretary is 

24 taking or plans to take to address any adminis25 trative and paperwork burdens identified under 


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1 paragraph (2)(B) and subparagraph (B), in2 cluding— 

3 ‘‘(i) new or updated regulations, pol4 icy, guidance, or technical assistance; and 

5 ‘‘(ii) a timeframe for the completion 

6 of those steps; and 

7 ‘‘(D) recommendations to Congress for 

8 modifications to existing statutory authorities 

9 needed to address identified administrative and 

10 paperwork burdens.’’. 

11 Subtitle D—Special Supplemental 

12 Nutrition Program for Women, 

13 Infants, and Children 

14 SEC. 351. SHARING OF MATERIALS WITH OTHER PRO15 GRAMS. 

16 Section 17(e)(3) of the Child Nutrition Act (42 

17 U.S.C. 1786(e)(3)) is amended by striking subparagraph 

18 (B) and inserting the following: 

19 ‘‘(B) SHARING OF MATERIALS WITH

20 OTHER PROGRAMS.— 

21 ‘‘(i) COMMODITY SUPPLEMENTAL

22 FOOD PROGRAM.—The Secretary may pro23 vide, in bulk quantity, nutrition education 

24 materials (including materials promoting 

25 breastfeeding) developed with funds made 


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1 available for the program authorized under 

2 this section to State agencies administering 

3 the commodity supplemental food program 

4 established under section 5 of the Agri5 culture and Consumer Protection Act of 

6 1973 (7 U.S.C. 612c note; Public Law 93– 

7 86) at no cost to that program. 

8 ‘‘(ii) CHILD AND ADULT CARE FOOD

9 PROGRAM.—A State agency may allow the 

10 local agencies or clinics under the State 

11 agency to share nutrition educational ma12 terials with institutions participating in the 

13 child and adult care food program estab14 lished under section 17 of the Richard B. 

15 Russell National School Lunch Act (42 

16 U.S.C. 1766) at no cost to that program, 

17 if a written materials sharing agreement 

18 exists between the relevant agencies.’’. 

19 SEC. 352. WIC PROGRAM MANAGEMENT. 

20 (a) WIC EVALUATION FUNDS.—Section 17(g)(5) of 

21 the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)) 

22 is amended by striking ‘‘$5,000,000’’ and inserting 

23 ‘‘$15,000,000’’. 


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1 (b) WIC REBATE PAYMENTS.—Section 17(h)(8) of 

2 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)) 

3 is amended by adding at the end the following: 

4 ‘‘(K) REPORTING.—Effective beginning 

5 October 1, 2011, each State agency shall report 

6 rebate payments received from manufacturers 

7 in the month in which the payments are re8 ceived, rather than in the month in which the 

9 payments were earned.’’. 

10 (c) COST CONTAINMENT MEASURE.—Section 17(h) 

11 of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) 

12 is amended— 

13 (1) in paragraph (8)(A)(iv)(III), by striking 

14 ‘‘Any’’ and inserting ‘‘Except as provided in para15 graph (9)(B)(i)(II), any’’; and 

16 (2) by striking paragraph (9) and inserting the 

17 following: 

18 ‘‘(9) COST CONTAINMENT MEASURE.— 

19 ‘‘(A) DEFINITION OF COST CONTAINMENT

20 MEASURE.—In this subsection, the term cost 

21 containment measure means a competitive bid22 ding, rebate, direct distribution, or home deliv23 ery system implemented by a State agency as 

24 described in the approved State plan of oper25 ation and administration of the State agency. 


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1 ‘‘(B) SOLICITATION AND REBATE BILLING

2 REQUIREMENTS.—Any State agency instituting 

3 a cost containment measure for any authorized 

4 food, including infant formula, shall— 

5 ‘‘(i) in the bid solicitation— 

6 ‘‘(I) identify the composition of 

7 State alliances for the purposes of a 

8 cost containment measure; and 

9 ‘‘(II) verify that no additional 

10 States shall be added to the State alli11 ance between the date of the bid solic12 itation and the end of the contract; 

13 ‘‘(ii) have a system to ensure that re14 bate invoices under competitive bidding 

15 provide a reasonable estimate or an actual 

16 count of the number of units sold to par17 ticipants in the program under this sec18 tion; 

19 ‘‘(iii) open and read aloud all bids at 

20 a public proceeding on the day on which 

21 the bids are due; and 

22 ‘‘(iv) unless otherwise exempted by 

23 the Secretary, provide a minimum of 30 

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1 tation and the date on which the bids are 

2 due. 

3 ‘‘(C) STATE ALLIANCES FOR AUTHORIZED

4 FOODS OTHER THAN INFANT FORMULA.—Pro5 gram requirements relating to the size of State 

6 alliances under paragraph (8)(A)(iv) shall apply 

7 to cost containment measures established for 

8 any authorized food under this section.’’. 

9 (d) ELECTRONIC BENEFIT TRANSFER.—Section 

10 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 

11 1786(h)) is amended by striking paragraph (12) and in12 serting the following: 

13 ‘‘(12) ELECTRONIC BENEFIT TRANSFER.— 

14 ‘‘(A) DEFINITIONS.—In this paragraph: 

15 ‘‘(i) ELECTRONIC BENEFIT TRANS16 FER.—The term electronic benefit transfer 

17 means a food delivery system that provides 

18 benefits using a card or other access device 

19 approved by the Secretary that permits 

20 electronic access to program benefits. 

21 ‘‘(ii) PROGRAM.—The term program 

22 means the special supplemental nutrition 

23 program established by this section. 

24 ‘‘(B) REQUIREMENTS.— 


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1 ‘‘(i) IN GENERAL.—Not later than Oc2 tober 1, 2020, each State agency shall be 

3 required to implement electronic benefit 

4 transfer systems throughout the State, un5 less the Secretary grants an exemption 

6 under subparagraph (C) for a State agency 

7 that is facing unusual barriers to imple8 ment an electronic benefit transfer system. 

9 ‘‘(ii) RESPONSIBILITY.—The State 

10 agency shall be responsible for the coordi11 nation and management of the electronic 

12 benefit transfer system of the agency. 

13 ‘‘(C) EXEMPTIONS.— 

14 ‘‘(i) IN GENERAL.—To be eligible for 

15 an exemption from the statewide imple16 mentation requirements of subparagraph 

17 (B)(i), a State agency shall demonstrate to 

18 the satisfaction of the Secretary 1 or more 

19 of the following: 

20 ‘‘(I) There are unusual techno21 logical barriers to implementation. 

22 ‘‘(II) Operational costs are not 

23 affordable within the nutrition serv24 ices and administration grant of the 

25 State agency. 


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1 ‘‘(III) It is in the best interest of 

2 the program to grant the exemption. 

3 ‘‘(ii) SPECIFIC DATE.—A State agency 

4 requesting an exemption under clause (i) 

5 shall specify a date by which the State 

6 agency anticipates statewide implementa7 tion described in subparagraph (B)(i). 

8 ‘‘(D) REPORTING.— 

9 ‘‘(i) IN GENERAL.—Each State agency 

10 shall submit to the Secretary electronic 

11 benefit transfer project status reports to 

12 demonstrate the progress of the State to13 ward statewide implementation. 

14 ‘‘(ii) CONSULTATION.—If a State 

15 agency plans to incorporate additional pro16 grams in the electronic benefit transfer 

17 system of the State, the State agency shall 

18 consult with the State agency officials re19 sponsible for administering the programs 

20 prior to submitting the planning docu21 ments to the Secretary for approval. 

22 ‘‘(iii) REQUIREMENTS.—At a min23 imum, a status report submitted under 

24 clause (i) shall contain— 


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1 ‘‘(I) an annual outline of the 

2 electronic benefit transfer implemen3 tation goals and objectives of the 

4 State; 

5 ‘‘(II) appropriate updates in ac6 cordance with approval requirements 

7 for active electronic benefit transfer 

8 State agencies; and 

9 ‘‘(III) such other information as 

10 the Secretary may require. 

11 ‘‘(E) IMPOSITION OF COSTS ON VEN12 DORS.— 

13 ‘‘(i) COST PROHIBITION.—Except as 

14 otherwise provided in this paragraph, the 

15 Secretary may not impose, or allow a State 

16 agency to impose, the costs of any equip17 ment or system required for electronic ben18 efit transfers on any authorized vendor in 

19 order to transact electronic benefit trans20 fers if the vendor equipment or system is 

21 used solely to support the program. 

22 ‘‘(ii) COST-SHARING.—The Secretary 

23 shall establish criteria for cost-sharing by 

24 State agencies and vendors of costs associ25 ated with any equipment or system that is 


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1 not solely dedicated to transacting elec2 tronic benefit transfers for the program. 

3 ‘‘(iii) FEES.— 

4 ‘‘(I) IN GENERAL.—A vendor 

5 that elects to accept electronic benefit 

6 transfers using multifunction equip7 ment shall pay commercial transaction 

8 processing costs and fees imposed by 

9 a third-party processor that the ven10 dor elects to use to connect to the 

11 electronic benefit transfer system of 

12 the State. 

13 ‘‘(II) INTERCHANGE FEES.—No 

14 interchange fees shall apply to elec15 tronic benefit transfer transactions 

16 under this paragraph. 

17 ‘‘(iv) STATEWIDE OPERATIONS.— 

18 After completion of statewide expansion of 

19 a system for transaction of electronic ben20 efit transfers— 

21 ‘‘(I) a State agency may not be 

22 required to incur ongoing mainte23 nance costs for vendors using multi24 function systems and equipment to 


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1 support electronic benefit transfers; 

2 and 

3 ‘‘(II) any retail store in the State 

4 that applies for authorization to be5 come a program vendor shall be re6 quired to demonstrate the capability 

7 to accept program benefits electroni8 cally prior to authorization, unless the 

9 State agency determines that the ven10 dor is necessary for participant ac11 cess. 

12 ‘‘(F) MINIMUM LANE COVERAGE.— 

13 ‘‘(i) IN GENERAL.—The Secretary 

14 shall establish minimum lane coverage 

15 guidelines for vendor equipment and sys16 tems used to support electronic benefit 

17 transfers. 

18 ‘‘(ii) PROVISION OF EQUIPMENT.—If 

19 a vendor does not elect to accept electronic 

20 benefit transfers using its own multi21 function equipment, the State agency shall 

22 provide such equipment as is necessary to 

23 solely support the program to meet the es24 tablished minimum lane coverage guide25 lines. 


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1 ‘‘(G) TECHNICAL STANDARDS.—The Sec2 retary shall— 

3 ‘‘(i) establish technical standards and 

4 operating rules for electronic benefit trans5 fer systems; and 

6 ‘‘(ii) require each State agency, con7 tractor, and authorized vendor partici8 pating in the program to demonstrate com9 pliance with the technical standards and 

10 operating rules.’’. 

11 (e) UNIVERSAL PRODUCT CODES DATABASE.—Sec12 tion 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 

13 1786(h)) is amended by striking paragraph (13) and in14 serting the following: 

15 ‘‘(13) UNIVERSAL PRODUCT CODES DATA16 BASE.— 

17 ‘‘(A) IN GENERAL.—Not later than 2 years 

18 after the date of enactment of the Improving 

19 Nutrition for America’s Children Act, the Sec20 retary shall establish a national universal prod21 uct code database to be used by all State agen22 cies in carrying out the requirements of para23 graph (12). 

24 ‘‘(B) FUNDING.— 


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1 ‘‘(i) IN GENERAL.—On October 1, 

2 2010, and on each October 1 thereafter, 

3 out of any funds in the Treasury not oth4 erwise appropriated, the Secretary of the 

5 Treasury shall transfer to the Secretary to 

6 carry out this paragraph $1,000,000, to 

7 remain available until expended. 

8 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

9 The Secretary shall be entitled to receive, 

10 shall accept, and shall use to carry out this 

11 paragraph the funds transferred under 

12 clause (i), without further appropriation. 

13 ‘‘(iii) USE OF FUNDS.—The Secretary 

14 shall use the funds provided under clause 

15 (i) for development, hosting, hardware and 

16 software configuration, and support of the 

17 database required under subparagraph 

18 (A).’’. 

19 (f) TEMPORARY SPENDING AUTHORITY.—Section 

20 17(i) of the Child Nutrition Act of 1966 (42 U.S.C. 

21 1786(i)) is amended by adding at the end the following: 

22 ‘‘(8) TEMPORARY SPENDING AUTHORITY.— 

23 During each of fiscal years 2012 and 2013, the Sec24 retary may authorize a State agency to expend more 

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1 graph (3)(C) for expenses incurred under this sec2 tion for supplemental foods during the preceding fis3 cal year, if the Secretary determines that— 

4 ‘‘(A) there has been a significant reduction 

5 in reported infant formula cost containment 

6 savings for the preceding fiscal year due to the 

7 implementation of subsection (h)(8)(K); and 

8 ‘‘(B) the reduction would affect the ability 

9 of the State agency to serve all eligible partici10 pants.’’. 

11 Subtitle E—Miscellaneous 

12 SEC. 361. FULL USE OF FEDERAL FUNDS. 

13 Section 12 of the Richard B. Russell National School 

14 Lunch Act (42 U.S.C. 1760) (as amended by section 242) 

15 is further amended by striking subsection (b) and insert16 ing the following: 

17 ‘‘(b) AGREEMENTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall incor19 porate, in the agreement of the Secretary with the 

20 State agencies administering programs authorized 

21 under this Act or the Child Nutrition Act of 1966 

22 (42 U.S.C. 1771 et seq.), the express requirements 

23 with respect to the operation of the programs to the 

24 extent applicable and such other provisions as in the 

25 opinion of the Secretary are reasonably necessary or 


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1 appropriate to effectuate the purposes of this Act 

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

3 1771 et seq.). 

4 ‘‘(2) EXPECTATIONS FOR USE OF FUNDS.— 

5 Agreements described in paragraph (1) shall include 

6 a provision that— 

7 ‘‘(A) supports full use of Federal funds 

8 provided to State agencies for the administra9 tion of programs authorized under this Act or 

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

11 1771 et seq.); and 

12 ‘‘(B) excludes the Federal funds from 

13 State budget restrictions or limitations includ14 ing, at a minimum— 

15 ‘‘(i) hiring freezes; 

16 ‘‘(ii) work furloughs; and 

17 ‘‘(iii) travel restrictions.’’. 

18 SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND IN19 DIVIDUALS. 

20 Section 12 of the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1760) (as amended by section 361) 

22 is further amended by adding at the end the following: 

23 ‘‘(r) DISQUALIFIED SCHOOLS, INSTITUTIONS, AND

24 INDIVIDUALS.—Any school, institution, service institution, 

25 facility, or individual that has been terminated from any 


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1 program authorized under this Act or the Child Nutrition 

2 Act of 1966 (42 U.S.C. 1771 et seq.) and is on a list of 

3 disqualified institutions and individuals under section 13 

4 or section 17(d)(5)(E) of this Act may not be approved 

5 to participate in or administer any program authorized 

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

7 U.S.C. 1771 et seq.).’’. 

8 TITLE IV—MISCELLANEOUS 

9 Subtitle A—Reauthorization of 

10 Expiring Provisions 

11 PART 1—RICHARD B. RUSSELL NATIONAL 

12 SCHOOL LUNCH ACT 

13 SEC. 401. COMMODITY SUPPORT. 

14 Section 6(e)(1)(B) of the Richard B. Russell National 

15 School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended 

16 by striking ‘‘September 30, 2010’’ and inserting ‘‘Sep17 tember 30, 2020’’. 

18 SEC. 402. FOOD SAFETY AUDITS AND REPORTS BY STATES. 

19 Section 9(h) of the Richard B. Russell National 

20 School Lunch Act (42 U.S.C. 1758(h)) is amended— 

21 (1) in paragraph (3), by striking ‘‘2006 

22 through 2010’’ and inserting ‘‘2011 through 2015’’; 

23 and 

24 (2) in paragraph (4), by striking ‘‘2006 

25 through 2010’’ and inserting ‘‘2011 through 2015’’. 


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1 SEC. 403. AUTHORIZATION OF THE SUMMER FOOD SERVICE 

2 PROGRAM FOR CHILDREN. 

3 Subsection (r) of section 13 of the Richard B. Russell 

4 National School Lunch Act (42 U.S.C. 1761) (as redesig5 nated by section 322(1)) is amended by striking ‘‘Sep6 tember 30, 2009’’ and inserting ‘‘September 30, 2015’’. 

7 SEC. 404. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES. 

8 Section 18 of the Richard B. Russell National School 

9 Lunch Act (42 U.S.C. 1769) is amended by striking sub10 section (j) (as redesignated by section 208(1)). 

11 SEC. 405. TRAINING, TECHNICAL ASSISTANCE, AND FOOD 

12 SERVICE MANAGEMENT INSTITUTE. 

13 Section 21(e) of the Richard B. Russell National 

14 School Lunch Act (42 U.S.C. 1769b–1(e)) is amended— 

15 (1) by striking ‘‘(e) AUTHORIZATION OF AP16 PROPRIATIONS’’ and all that follows through the end 

17 of paragraph (2)(A) and inserting the following: 

18 ‘‘(e) FOOD SERVICE MANAGEMENT INSTITUTE.— 

19 ‘‘(1) FUNDING.— 

20 ‘‘(A) IN GENERAL.—In addition to any 

21 amounts otherwise made available for fiscal 

22 year 2011, on October 1, 2010, and each Octo23 ber 1 thereafter, out of any funds in the Treas24 ury not otherwise appropriated, the Secretary of 

25 the Treasury shall transfer to the Secretary to 


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1 carry out subsection (a)(2) $5,000,000, to re2 main available until expended. 

3 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

4 Secretary shall be entitled to receive, shall ac5 cept, and shall use to carry out subsection 

6 (a)(2) the funds transferred under subpara7 graph (A), without further appropriation.’’; 

8 (2) by redesignating subparagraphs (B) and 

9 (C) as paragraphs (2) and (3), respectively, and in10 denting appropriately; 

11 (3) in paragraph (2) (as so redesignated), by 

12 striking ‘‘subparagraph (A)’’ each place it appears 

13 and inserting ‘‘paragraph (1)’’; and 

14 (4) in paragraph (3) (as so redesignated), by 

15 striking ‘‘subparagraphs (A) and (B)’’ and inserting 

16 ‘‘paragraphs (1) and (2)’’. 

17 SEC. 406. FEDERAL ADMINISTRATIVE SUPPORT. 

18 Section 21(g)(1)(A)) of the Richard B. Russell Na19 tional School Lunch Act (42 U.S.C. 1769b–1(g)(1)(A)) is 

20 amended— 

21 (1) in clause (i), by striking ‘‘and’’ at the end; 

22 (2) in clause (ii), by striking the period at the 

23 end and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(iii) on October 1, 2010, and each 

2 October 1 thereafter, $4,000,000.’’. 

3 SEC. 407. COMPLIANCE AND ACCOUNTABILITY. 

4 Section 22(d) of the Richard B. Russell National 

5 School Lunch Act (42 U.S.C. 1769c(d)) is amended by 

6 striking ‘‘$6,000,000 for each of fiscal years 2004 through 

7 2009’’ and inserting ‘‘$10,000,000 for each of fiscal years 

8 2011 through 2015’’. 

9 SEC. 408. INFORMATION CLEARINGHOUSE. 

10 Section 26(d) of the Richard B. Russell National 

11 School Lunch Act (42 U.S.C. 1769g(d)) is amended in 

12 the first sentence by striking ‘‘$250,000 for each of fiscal 

13 years 2005 through 2009’’ and inserting ‘‘$1,000,000 for 

14 each of fiscal years 2010 through 2015’’. 

15 PART 2—CHILD NUTRITION ACT OF 1966 

16 SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT. 

17 Section 7(i)(4) of the Child Nutrition Act of 1966 

18 (42 U.S.C. 1776(i)(4)) is amended by striking ‘‘2005 

19 through 2009’’ and inserting ‘‘2010 through 2015’’. 

20 SEC. 422. STATE ADMINISTRATIVE EXPENSES. 

21 Section 7(j) of the Child Nutrition Act of 1966 (42 

22 U.S.C. 1776(j)) is amended by striking ‘‘October 1, 2009’’ 

23 and inserting ‘‘October 1, 2015’’. 


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1 SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 

2 FOR WOMEN, INFANTS, AND CHILDREN. 

3 Section 17(g)(1)(A) of the Child Nutrition Act of 

4 1966 (42 U.S.C. 1786(g)(1)(A)) is amended by striking 

5 ‘‘each of fiscal years 2004 through 2009’’ and inserting 

6 ‘‘each of fiscal years 2010 through 2015’’. 

7 SEC. 424. FARMERS MARKET NUTRITION PROGRAM. 

8 Section 17(m)(9) of the Child Nutrition Act of 1966 

9 (42 U.S.C. 1786(m)(9)) is amended by striking subpara10 graph (A) and inserting the following: 

11 ‘‘(A) AUTHORIZATION OF APPROPRIA12 TIONS.—There are authorized to be appro13 priated to carry out this subsection such sums 

14 as are necessary for each of fiscal years 2010 

15 through 2015.’’. 

16 Subtitle B—Technical Amendments 

17 SEC. 441. TECHNICAL AMENDMENTS. 

18 (a) RICHARD B. RUSSELL NATIONAL SCHOOL

19 LUNCH ACT.— 

20 (1) NUTRITIONAL REQUIREMENTS.—Section 

21 9(f) of the Richard B. Russell National School 

22 Lunch Act (42 U.S.C. 1758(f)) is amended— 

23 (A) by striking ‘‘(f)’’ and all that follows 

24 through the end of paragraph (1) and inserting 

25 the following: 

26 ‘‘(f) NUTRITIONAL REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—Schools that are partici2 pating in the school lunch program or school break3 fast program shall serve lunches and breakfasts 

4 that— 

5 ‘‘(A) are consistent with the goals of the 

6 most recent Dietary Guidelines for Americans 

7 published under section 301 of the National 

8 Nutrition Monitoring and Related Research Act 

9 of 1990 (7 U.S.C. 5341); and 

10 ‘‘(B) consider the nutrient needs of chil11 dren who may be at risk for inadequate food in12 take and food insecurity.’’; 

13 (B) by striking paragraph (2); and 

14 (C) by redesignating paragraphs (3) 

15 through (5) as paragraphs (2) through (4), re16 spectively. 

17 (2) ROUNDING RULES FOR COMPUTATION OF

18 ADJUSTMENT.—Section 11(a)(3)(B) of the Richard 

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

20 1759a(a)(3)(B)) is amended by striking ‘‘ROUND21 ING.—’’ and all that follows through ‘‘On July’’ in 

22 subclause (II) and inserting ‘‘ROUNDING.—On 

23 July’’. 

24 (3) INFORMATION AND ASSISTANCE CON25 CERNING REIMBURSEMENT OPTIONS.—Section 11 of 


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1 the Richard B. Russell National School Lunch Act 

2 (42 U.S.C. 1759a) is amended by striking subsection 

3 (f). 

4 (4) 1995 REGULATIONS TO IMPLEMENT DIE5 TARY GUIDELINES.—Section 12 of the Richard B. 

6 Russell National School Lunch Act (42 U.S.C. 

7 1760) (as amended by section 362) is further 

8 amended by striking subsection (k). 

9 (5) SUMMER FOOD SERVICE PROGRAM FOR

10 CHILDREN.— 

11 (A) IN GENERAL.—Section 13 of the Rich12 ard B. Russell National School Lunch Act (42 

13 U.S.C. 1761) is amended by striking the section 

14 heading and all that follows through the end of 

15 subsection (a)(1) and inserting the following: 

16 ‘‘SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHIL17 DREN. 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) DEFINITIONS.—In this section: 

20 ‘‘(A) AREA IN WHICH POOR ECONOMIC

21 CONDITIONS EXIST.— 

22 ‘‘(i) IN GENERAL.—Subject to clause 

23 (ii), the term area in which poor economic 

24 conditions exist, as the term relates to an 


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1 area in which a program food service site 

2 is located, means— 

3 ‘‘(I) the attendance area of a 

4 school in which at least 50 percent of 

5 the enrolled children have been deter6 mined eligible for free or reduced 

7 price school meals under this Act and 

8 the Child Nutrition Act of 1966 (42 

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

10 ‘‘(II) a geographic area, as de11 fined by the Secretary based on the 

12 most recent census data available, in 

13 which at least 50 percent of the chil14 dren residing in that area are eligible 

15 for free or reduced price school meals 

16 under this Act and the Child Nutri17 tion Act of 1966 (42 U.S.C. 1771 et 

18 seq.); 

19 ‘‘(III) an area— 

20 ‘‘(aa) for which the program 

21 food service site documents the 

22 eligibility of enrolled children 

23 through the collection of income 

24 eligibility statements from the 


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1 families of enrolled children or 

2 other means; and 

3 ‘‘(bb) at least 50 percent of 

4 the children enrolled at the pro5 gram food service site meet the 

6 income standards for free or re7 duced price school meals under 

8 this Act and the Child Nutrition 

9 Act of 1966 (42 U.S.C. 1771 et 

10 seq.); 

11 ‘‘(IV) a geographic area, as de12 fined by the Secretary based on infor13 mation provided from a department of 

14 welfare or zoning commission, in 

15 which at least 50 percent of the chil16 dren residing in that area are eligible 

17 for free or reduced price school meals 

18 under this Act and the Child Nutri19 tion Act of 1966 (42 U.S.C. 1771 et 

20 seq.); or 

21 ‘‘(V) an area for which the pro22 gram food service site demonstrates 

23 through other means approved by the 

24 Secretary that at least 50 percent of 

25 the children enrolled at the program 


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1 food service site are eligible for free or 

2 reduced price school meals under this 

3 Act and the Child Nutrition Act of 

4 1966 (42 U.S.C. 1771 et seq.). 

5 ‘‘(ii) DURATION OF DETERMINA6 TION.—A determination that an area is an 

7 area in which poor economic conditions 

8 exist under clause (i) shall be in effect 

9 for— 

10 ‘‘(I) in the case of an area de11 scribed in clause (i)(I), 5 years; 

12 ‘‘(II) in the case of an area de13 scribed in clause (i)(II), until more re14 cent census data are available; 

15 ‘‘(III) in the case of an area de16 scribed in clause (i)(III), 1 year; and 

17 ‘‘(IV) in the case of an area de18 scribed in subclause (IV) or (V) of 

19 clause (i), a period of time to be de20 termined by the Secretary, but not 

21 less than 1 year. 

22 ‘‘(B) CHILDREN.—The term children 

23 means— 

24 ‘‘(i) individuals who are 18 years of 

25 age and under; and 


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1 ‘‘(ii) individuals who are older than 18 

2 years of age who are— 

3 ‘‘(I) determined by a State edu4 cational agency or a local public edu5 cational agency of a State, in accord6 ance with regulations promulgated by 

7 the Secretary, to have a disability; 

8 and 

9 ‘‘(II) participating in a public or 

10 nonprofit private school program es11 tablished for individuals who have a 

12 disability. 

13 ‘‘(C) PROGRAM.—The term program 

14 means the summer food service program for 

15 children authorized by this section. 

16 ‘‘(D) SERVICE INSTITUTION.—The term 

17 service institution means a public or private 

18 nonprofit school food authority, local, munic19 ipal, or county government, public or private 

20 nonprofit higher education institution partici21 pating in the National Youth Sports Program, 

22 or residential public or private nonprofit sum23 mer camp, that develops special summer or 

24 school vacation programs providing food service 

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1 dren during the school year under the school 

2 lunch program under this Act or the school 

3 breakfast program under the Child Nutrition 

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

5 ‘‘(E) STATE.—The term ‘State’ means— 

6 ‘‘(i) each of the several States of the 

7 United States; 

8 ‘‘(ii) the District of Columbia; 

9 ‘‘(iii) the Commonwealth of Puerto 

10 Rico; 

11 ‘‘(iv) Guam; 

12 ‘‘(v) American Samoa; 

13 ‘‘(vi) the Commonwealth of the North14 ern Mariana Islands; and 

15 ‘‘(vii) the United States Virgin Is16 lands.’’. 

17 (B) CONFORMING AMENDMENTS.—Section 

18 13(a) of the Richard B. Russell National School 

19 Lunch Act (42 U.S.C. 1761(a)) (as amended by 

20 section 113) is further amended— 

21 (i) in paragraph (2)— 

22 (I) by striking ‘‘(2) To the max23 imum extent feasible,’’ and inserting 

24 the following: 

25 ‘‘(2) PROGRAM AUTHORIZATION.— 


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1 ‘‘(A) IN GENERAL.—The Secretary may 

2 carry out a program to assist States, through 

3 grants-in-aid and other means, to initiate and 

4 maintain nonprofit summer food service pro5 grams for children in service institutions. 

6 ‘‘(B) PREPARATION OF FOOD.— 

7 ‘‘(i) IN GENERAL.—To the maximum 

8 extent feasible,’’; and 

9 (II) by striking ‘‘The Secretary 

10 shall’’ and inserting the following: 

11 ‘‘(ii) INFORMATION AND TECHNICAL

12 ASSISTANCE.—The Secretary shall’’; 

13 (ii) in paragraph (3)— 

14 (I) by striking ‘‘(3) Eligible serv15 ice institutions’’ and inserting the fol16 lowing: 

17 ‘‘(3) ELIGIBLE SERVICE INSTITUTIONS.—Eligi18 ble service institutions’’; and 

19 (II) by indenting subparagraphs 

20 (A) through (D) appropriately; 

21 (iii) in paragraph (4)— 

22 (I) by redesignating subpara23 graphs (A) through (D) as clauses (i) 

24 through (iv), respectively, and indent25 ing appropriately; 


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1 (II) by striking ‘‘(4) The fol2 lowing’’ and inserting the following: 

3 ‘‘(4) PRIORITY.— 

4 ‘‘(A) IN GENERAL.—The following’’; and 

5 (III) by striking ‘‘The Secretary 

6 and the States’’ and inserting the fol7 lowing: 

8 ‘‘(B) RURAL AREAS.—The Secretary and 

9 the States’’; 

10 (iv) by striking ‘‘(5) Camps’’ and in11 serting the following: 

12 ‘‘(5) CAMPS.—Camps’’; and 

13 (v) by striking ‘‘(6) Service institu14 tions’’ and inserting the following: 

15 ‘‘(6) GOVERNMENT INSTITUTIONS.—Service in16 stitutions’’. 

17 (6) REPORT ON IMPACT OF PROCEDURES TO

18 SECURE STATE SCHOOL INPUT ON COMMODITY SE19 LECTION.—Section 14(d) of the Richard B. Russell 

20 National School Lunch Act (42 U.S.C. 1762a(d)) is 

21 amended by striking the matter that follows para22 graph (5). 

23 (7) RURAL AREA DAY CARE HOME PILOT PRO24 GRAM.—Section 17 of the Richard B. Russell NaVerDate Mar 15 2010 21:12 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H5504.IH H5504

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1 tional School Lunch Act (42 U.S.C. 1766) is amend2 ed by striking subsection (p). 

3 (8) CHILD AND ADULT CARE FOOD PROGRAM

4 TRAINING AND TECHNICAL ASSISTANCE.—Section 

5 17(q) of the Richard B. Russell National School 

6 Lunch Act (42 U.S.C. 1766(q)) is amended by strik7 ing paragraph (3). 

8 (9) PILOT PROJECT FOR PRIVATE NONPROFIT

9 STATE AGENCIES.—Section 18 of the Richard B. 

10 Russell National School Lunch Act (42 U.S.C. 

11 1769) is amended by striking subsection (a). 

12 (10) MEAL COUNTING AND APPLICATION PILOT

13 PROGRAMS.—Section 18(c) of the Richard B. Russell 

14 National School Lunch Act (42 U.S.C. 1769(c)) is 

15 amended— 

16 (A) by striking paragraphs (1) and (2); 

17 and 

18 (B) by redesignating paragraphs (3) and 

19 (4) as paragraphs (1) and (2), respectively. 

20 (11) MILK FORTIFICATION PILOT.—Section 18 

21 of the Richard B. Russell National School Lunch 

22 Act (42 U.S.C. 1769) is amended by striking sub23 section (d). 

24 (12) FREE BREAKFAST PILOT PROJECT.—Sec25 tion 18 of the Richard B. Russell National School 


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1 Lunch Act (42 U.S.C. 1769) is amended by striking 

2 subsection (e). 

3 (13) SUMMER FOOD SERVICE RESIDENTIAL

4 CAMP ELIGIBILITY.—Section 18 of the Richard B. 

5 Russell National School Lunch Act (42 U.S.C. 

6 1769) is amended by striking subsection (f). 

7 (14) FRESH FRUIT AND VEGETABLE PRO8 GRAM.—Subsection (b) of section 19 of the Richard 

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

10 1769a(b)) is amended to read as follows: 

11 ‘‘(b) PROGRAM.—A school participating in the pro12 gram— 

13 ‘‘(1) shall make free fresh fruits and vegetables 

14 available to students throughout the school day (or 

15 at such other times as are considered appropriate by 

16 the Secretary) in 1 or more areas designated by the 

17 school; and 

18 ‘‘(2) may make free dried fruit available to stu19 dents throughout the school day (or at such other 

20 times as are considered appropriate by the Sec21 retary) in 1 or more areas designated by the school 

22 only if such dried fruit— 

23 ‘‘(A) contains no added sugar; and 

24 ‘‘(B) meets any additional specifications, 

25 as established by the Secretary.’’. 


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1 (15) ACCOMMODATION OF THE SPECIAL DIE2 TARY NEEDS OF INDIVIDUALS WITH DISABILITIES.— 

3 Section 27 of the Richard B. Russell National 

4 School Lunch Act (42 U.S.C. 1769h) is repealed. 

5 (b) CHILD NUTRITION ACT OF 1966.— 

6 (1) STATE ADMINISTRATIVE EXPENSES MIN7 IMUM LEVELS FOR 2005 THROUGH 2007.—Section 

8 7(a)(1) of the Child Nutrition Act of 1966 (42 

9 U.S.C. 1776(a)(1)) is amended— 

10 (A) in subparagraph (A), by striking ‘‘Ex11 cept as provided in subparagraph (B), each fis12 cal year’’ and inserting ‘‘Each fiscal year’’; 

13 (B) by striking subparagraph (B); and 

14 (C) by redesignating subparagraph (C) as 

15 subparagraph (B). 

16 (2) FRUIT AND VEGETABLE GRANTS UNDER

17 THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

18 FOR WOMEN, INFANTS, AND CHILDREN.—Section 

19 17(f)(11) of the Child Nutrition Act of 1966 (42 

20 U.S.C. 1786(f)(11)) is amended— 

21 (A) by striking subparagraph (C); and 

22 (B) by redesignating subparagraph (D) (as 

23 amended by section 232) and subparagraph (E) 

24 as subparagraphs (C) and (D), respectively. 


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1 SEC. 442. EQUIPMENT ASSISTANCE TECHNICAL CORREC2 TION. 

3 Notwithstanding any other provision of law, school 

4 food authorities that received a grant for equipment as5 sistance under the grant program carried out under the 

6 heading ‘‘Food and Nutrition Service Child Nutrition Pro7 grams’’ in title I of division A of the American Recovery 

8 and Reinvestment Act of 2009 (Public Law 111–5; 123 

9 Stat. 119) shall be eligible to receive a grant under section 

10 749(j) of the Agriculture, Rural Development, Food and 

11 Drug Administration, and Related Agencies Appropria12 tions Act, 2010 (Public Law 111–80; 123 Stat. 2134) to 

13 make equipment available to schools that did not pre14 viously receive equipment assistance under a grant under 

15 such heading (Public Law 111–5; 123 Stat. 119). 

16 SEC. 443. BUDGETARY EFFECTS. 

17 The budgetary effects of this Act, for the purpose of 

18 complying with the Statutory Pay-As-You-Go Act of 2010, 

19 shall be determined by reference to the latest statement 

20 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

21 Act, submitted for printing in the Congressional Record 

22 by the Chairman of the Senate Budget Committee, pro23 vided that such statement has been submitted prior to the 

24 vote on passage. 


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1 SEC. 444. EFFECTIVE DATE. 

2 Except as otherwise specifically provided in this Act 

3 or any of the amendments made by this Act, this Act and 

4 the amendments made by this Act take effect on October 

5 1, 2010. 

Æ 


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