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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5504 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Improving 
Nutrition for America's Children Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                TITLE I--A PATH TO END CHILDHOOD HUNGER

               Subtitle A--National School Lunch Program

Sec. 101. Categorical eligibility of foster children.
Sec. 102. Improving direct certification.
Sec. 103. Direct certification for children receiving medicaid 
                            benefits.
Sec. 104. Eliminating individual applications through community 
                            eligibility.
Sec. 105. Year-round school based meal service.
Sec. 106. School Breakfast Expansion Grants.
                Subtitle B--Summer Food Service Program

Sec. 111. Alignment of eligibility rules for public and private 
                            sponsors.
Sec. 112. Outreach to eligible families.
Sec. 113. Summer Food Service Program year-round option.
Sec. 114. Rural Access to Summer Food Service Program.
             Subtitle C--Child and Adult Care Food Program

Sec. 121. Simplifying area eligibility determinations in the child and 
                            adult care food program.
Sec. 122. Child and Adult Care Food Program Reimbursement.
Subtitle D--Special Supplemental Nutrition Program for Women, Infants, 
                              and Children

Sec. 131. Certification periods.
                       Subtitle E--Miscellaneous

Sec. 141. Childhood Hunger Research.
Sec. 142. State Childhood Hunger Challenge Grants.
Sec. 143. Policies and Practices to Prevent Overt Identification.
Sec. 144. Study relating to the child and adult care food program.
Sec. 145. Weekends and holidays without hunger.
                 TITLE II--IMPROVING NUTRITION QUALITY

                 Subtitle A--School Nutrition Programs

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

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture.

                TITLE I--A PATH TO END CHILDHOOD HUNGER

               Subtitle A--National School Lunch Program

SEC. 101. CATEGORICAL ELIGIBILITY OF FOSTER CHILDREN.

    (a) Discretionary Certification.--Section 9(b)(5) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E)(i) a foster child whose care and placement is 
                the responsibility of an agency that administers a 
                State plan under part B or E of title IV of the Social 
                Security Act (42 U.S.C. 621 et seq.); or
                    ``(ii) a foster child who a court has placed with a 
                caretaker household.''.
    (b) Categorical Eligibility.--Section 9(b)(12)(A) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is 
amended--
            (1) in clause (iv), by adding ``)'' before the semicolon at 
        the end;
            (2) in clause (v), by striking ``or'' at the end;
            (3) in clause (vi), by striking the period at the end and 
        inserting ``; or''; and
            (4) by adding at the end the following:
                            ``(vii)(I) a foster child whose care and 
                        placement is the responsibility of an agency 
                        that administers a State plan under part B or E 
                        of title IV of the Social Security Act (42 
                        U.S.C. 621 et seq.); or
                            ``(II) a foster child who a court has 
                        placed with a caretaker household.''.
    (c) Documentation.--Section 9(d)(2) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended--
            (1) in subparagraph (D), by striking ``or'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F)(i) documentation has been provided to the 
                appropriate local educational agency showing the status 
                of the child as a foster child whose care and placement 
                is the responsibility of an agency that administers a 
                State plan under part B or E of title IV of the Social 
                Security Act (42 U.S.C. 621 et seq.); or
                    ``(ii) documentation has been provided to the 
                appropriate local educational agency showing the status 
                of the child as a foster child who a court has placed 
                with a caretaker household.''.

SEC. 102. IMPROVING DIRECT CERTIFICATION.

    (a) Performance Awards.--Section 9(b)(4) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(b)(4)) is amended--
            (1) in the paragraph heading, by striking ``food stamp'' 
        and inserting ``supplemental nutrition assistance program''; 
        and
            (2) by adding at the end the following:
                    ``(E) Performance awards.--
                            ``(i) In general.--Effective for each of 
                        the school years beginning July 1, 2011, July 
                        1, 2012, and July 1, 2013, the Secretary shall 
                        offer performance awards to States to encourage 
                        the States to ensure that all children eligible 
                        for direct certification under this paragraph 
                        are certified in accordance with this 
                        paragraph.
                            ``(ii) Requirements.--For each school year 
                        described in clause (i), the Secretary shall--
                                    ``(I) consider State data from the 
                                prior school year, including estimates 
                                contained in the report required under 
                                section 4301 of the Food, Conservation, 
                                and Energy Act of 2008 (42 U.S.C. 
                                1758a); and
                                    ``(II) make performance awards to 
                                not more than 15 States that the 
                                Secretary determines demonstrate 
                                either--
                                            ``(aa) outstanding 
                                        performance; or
                                            ``(bb) substantial 
                                        improvement.
                            ``(iii) Use of funds.--A State that 
                        receives a performance award under clause (i)--
                                    ``(I) shall treat the funds as 
                                program income to support State 
                                activities with respect to the school 
                                lunch program and school breakfast 
                                program; and
                                    ``(II) shall allocate a portion of 
                                the funds to local educational agencies 
                                for use in carrying out the school 
                                lunch program under this Act and school 
                                breakfast program under the Child 
                                Nutrition Act of 1966 (42 U.S.C. 1771 
                                et seq.), with priority for such 
                                agencies that demonstrate the highest 
                                improvement in directly certifying 
                                eligible children under this paragraph.
                            ``(iv) Funding.--
                                    ``(I) In general.--On October 1, 
                                2011, and each subsequent October 1 
                                through October 1, 2013, out of any 
                                funds in the Treasury not otherwise 
                                appropriated, the Secretary of the 
                                Treasury shall transfer to the 
                                Secretary--
                                            ``(aa) $2,000,000 to carry 
                                        out clause (ii)(II)(aa); and
                                            ``(bb) $2,000,000 to carry 
                                        out clause (ii)(II)(bb).
                                    ``(II) Receipt and acceptance.--The 
                                Secretary shall be entitled to receive, 
                                shall accept, and shall use to carry 
                                out this clause the funds transferred 
                                under subclause (I), without further 
                                appropriation.
                            ``(v) Payments not subject to judicial 
                        review.--A determination by the Secretary 
                        whether, and in what amount, to make a 
                        performance award under this subparagraph shall 
                        not be subject to administrative or judicial 
                        review.''.
    (b) Continuous Improvement Plans.--Section 9(b)(4) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended 
by subsection (a)) is amended by adding at the end the following:
                    ``(F) Continuous improvement plans.--
                            ``(i) Definition of required percentage.--
                        In this subparagraph, the term required 
                        percentage means--
                                    ``(I) for the school year beginning 
                                July 1, 2011, 80 percent;
                                    ``(II) for the school year 
                                beginning July 1, 2012, 90 percent; and
                                    ``(III) for the school year 
                                beginning July 1, 2013, and each school 
                                year thereafter, 95 percent.
                            ``(ii) Requirements.--Each school year, the 
                        Secretary shall--
                                    ``(I) identify, using data from the 
                                prior school year (including estimates 
                                contained in the report required under 
                                section 4301 of the Food, Conservation, 
                                and Energy Act of 2008 (42 U.S.C. 
                                1758a)), States that directly certify 
                                less than the required percentage of 
                                the total number of children in the 
                                State who are eligible for direct 
                                certification under this paragraph;
                                    ``(II) require the States 
                                identified under subclause (I) to 
                                implement a continuous improvement plan 
                                described in clause (iii)(II) to fully 
                                meet the requirements of this 
                                paragraph, which shall include a plan 
                                to improve direct certification for the 
                                following school year; and
                                    ``(III) assist the States 
                                identified under subclause (I) to 
                                develop and implement a continuous 
                                improvement plan in accordance with 
                                subclause (II).
                            ``(iii) Continuous improvement plans.--
                                    ``(I) In general.--A State that is 
                                required to develop and implement a 
                                continuous improvement plan under 
                                clause (ii)(II) shall be required to 
                                submit the continuous improvement plan 
                                to the Secretary, for the approval of 
                                the Secretary.
                                    ``(II) Requirements.--At a minimum, 
                                a continuous improvement plan described 
                                in this subclause shall include--
                                            ``(aa) specific measures 
                                        that the State will use to 
                                        identify more children who are 
                                        eligible for direct 
                                        certification, including 
                                        improvements or modifications 
                                        to technology, information 
                                        systems, or databases;
                                            ``(bb) a timeline for the 
                                        State to implement those 
                                        measures; and
                                            ``(cc) goals for the State 
                                        to improve direct certification 
                                        results to become in compliance 
                                        with the required percentage 
                                        under clause (i).''.
    (c) Without Further Application.--Section 9(b)(4) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by 
subsection (b)) is amended by adding at the end the following:
                    ``(G) Without further application.--
                            ``(i) In general.--In this paragraph, the 
                        term `without further application' means that 
                        no action is required by the household of the 
                        child.
                            ``(ii) Clarification.--A requirement that a 
                        household return a letter notifying the 
                        household of eligibility for direct 
                        certification or eligibility for free school 
                        meals does not meet the requirements of clause 
                        (i).''.

SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID 
              BENEFITS.

    (a) In General.--Section 9(b) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end 
the following:
            ``(15) Direct certification for children receiving medicaid 
        benefits.--
                    ``(A) Implementation.--
                            ``(i) In general.--For the school year 
                        beginning on July 1, 2011, and each subsequent 
                        school year, subject to paragraph (6), the 
                        Secretary shall carry out a program under which 
                        local educational agencies in States selected 
                        pursuant to clause (ii), or electing under 
                        clause (iii), to participate in the program may 
                        directly certify eligible children under this 
                        paragraph as eligible for free lunches under 
                        this Act and free breakfasts under the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
                        without further application (as defined in 
                        paragraph (4)(G)).
                            ``(ii) Selected states.--The Secretary 
                        shall select--
                                    ``(I) for the school year beginning 
                                July 1, 2011, up to 2 States that may 
                                directly certify eligible children 
                                under this paragraph;
                                    ``(II) for the school year 
                                beginning July 1, 2013, up to 5 States 
                                that may directly certify eligible 
                                children under this paragraph;
                                    ``(III) for the school year 
                                beginning July 1, 2015, up to 10 States 
                                that may directly certify eligible 
                                children under this paragraph;
                                    ``(IV) for the school year 
                                beginning July 1, 2017, up to 15 States 
                                that may directly certify eligible 
                                children under this paragraph; and
                                    ``(V) for the school year beginning 
                                July 1, 2018, up to 25 States that may 
                                directly certify eligible children 
                                under this paragraph.
                            ``(iii) State option.--For the school year 
                        beginning July 1, 2019, and each subsequent 
                        school year, any State may elect to directly 
                        certify eligible children under this paragraph.
                    ``(B) State selection.--
                            ``(i) In general.--To be eligible to 
                        directly certify eligible children under this 
                        paragraph, a State shall submit to the 
                        Secretary an application at such time, in such 
                        manner, and containing such information as the 
                        Secretary may require.
                            ``(ii) Considerations.--In selecting States 
                        under subparagraph (A)(ii), the Secretary may 
                        take into consideration such factors as the 
                        Secretary considers to be appropriate, which 
                        may include--
                                    ``(I) the rate of direct 
                                certification in such State;
                                    ``(II) the State's share of 
                                individuals who are eligible for 
                                benefits under the supplemental 
                                nutrition assistance program 
                                established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 2011 et 
                                seq.) who participate in the program, 
                                as determined by the Secretary;
                                    ``(III) the feasibility of matching 
                                data between local educational agencies 
                                and the Medicaid program in such State; 
                                and
                                    ``(IV) the socioeconomic profile of 
                                the State or local educational agencies 
                                in such State.
                    ``(C) Agreement.--
                            ``(i) In general.--Not later than July 1 of 
                        the first school year during which a State will 
                        directly certify eligible children under this 
                        paragraph, a State shall enter into an 
                        agreement with the State agency conducting 
                        eligibility determinations for the Medicaid 
                        program.
                            ``(ii) Without further application.--
                        Subject to paragraph (6), the agreement 
                        described in clause (i) shall establish 
                        procedures under which an eligible child shall 
                        be certified for free lunches under this Act 
                        and free breakfasts under section 4 of the 
                        Child Nutrition Act of 1966 (42 U.S.C. 1773), 
                        without further application (as defined in 
                        paragraph (4)(G)).
                    ``(D) Access to data.--For purposes of carrying out 
                the program under this paragraph, the Secretary shall 
                have access to income and program participation 
                information from public agencies administering the 
                Medicaid program.
                    ``(E) Report to congress.--Not later than October 
                1, 2014, the Secretary shall submit to the Committee on 
                Education and Labor of the House of Representatives and 
                the Committee on Agriculture, Nutrition, and Forestry 
                of the Senate, a report that describes implementation 
                of the direct certification option under this 
                paragraph.
                    ``(F) Definitions.--In this paragraph:
                            ``(i) Eligible child.--The term `eligible 
                        child' means a child--
                                    ``(I)(aa) who is eligible for and 
                                receiving medical assistance under the 
                                Medicaid program; and
                                    ``(bb) who is a member of a family 
                                with an income as measured by the 
                                Medicaid program before the application 
                                of any expense, block, or other income 
                                disregard, that does not exceed 133 
                                percent of the poverty line (as defined 
                                in section 673(2) of the Community 
                                Services Block Grant Act (42 U.S.C. 
                                9902(2)), including any revision 
                                required by such section) applicable to 
                                a family of the size used for purposes 
                                of determining eligibility for the 
                                Medicaid program; or
                                    ``(II) who is a member of a 
                                household (as that term is defined in 
                                section 245.2 of title 7, Code of 
                                Federal Regulations (or successor 
                                regulations) with a child described in 
                                subclause (I).
                            ``(ii) Medicaid program.--The term 
                        `Medicaid program' means the program of medical 
                        assistance established under title XIX of the 
                        Social Security Act (42 U.S.C. 1396 et seq.).
                    ``(G) Funding.--
                            ``(i) In general.--On October 1, 2010, out 
                        of any funds in the Treasury not otherwise 
                        appropriated, the Secretary of the Treasury 
                        shall transfer to the Secretary to carry out 
                        subparagraph (E) $1,000,000, to remain 
                        available until expended.
                            ``(ii) Receipt and acceptance.--The 
                        Secretary shall be entitled to receive, shall 
                        accept, and shall use to carry out subparagraph 
                        (E) the funds transferred under clause (i), 
                        without further appropriation.''.
    (b) Documentation.--Section 9(d)(2) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(d)(2)) (as amended by section 
101(c)) is amended--
            (1) in subparagraph (E), by striking ``or'' at the end;
            (2) in subparagraph (F)(ii), by striking the period at the 
        end and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(G) documentation has been provided to the 
                appropriate local educational agency showing the status 
                of the child as an eligible child (as defined in 
                subsection (b)(15)(F)).''.

SEC. 104. ELIMINATING INDIVIDUAL APPLICATIONS THROUGH COMMUNITY 
              ELIGIBILITY.

    (a) Universal Meal Service in High Poverty Areas.--
            (1) Eligibility.--Section 11(a)(1) of the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is 
        amended by adding at the end the following:
                    ``(F) Universal meal service in high poverty 
                areas.--
                            ``(i) Definition of identified students.--
                        For purposes of this subparagraph, the term 
                        `identified students' means students certified 
                        as eligible for free or reduced price lunch 
                        under this Act based on documentation of 
                        benefit receipt or categorical eligibility as 
                        described in section 245.6a(c)(2) of title 7, 
                        Code of Federal Regulations (or successor 
                        regulations).
                            ``(ii) Election of special assistance 
                        payments.--
                                    ``(I) In general.--A local 
                                educational agency may, for all schools 
                                in the agency or on behalf of certain 
                                schools in the agency, elect to receive 
                                special assistance payments under this 
                                subparagraph in lieu of special 
                                assistance payments otherwise made 
                                available under this paragraph based on 
                                applications for free and reduced price 
                                lunches if--
                                            ``(aa) during a period of 4 
                                        successive school years, the 
                                        local educational agency elects 
                                        to serve all children in the 
                                        applicable schools free lunches 
                                        and breakfasts under the school 
                                        lunch program under this Act 
                                        and the school breakfast 
                                        program established under 
                                        section 4 of the Child 
                                        Nutrition Act of 1966 (42 
                                        U.S.C. 1773);
                                            ``(bb) the local 
                                        educational agency pays, from 
                                        sources other than Federal 
                                        funds, the costs of serving the 
                                        lunches or breakfasts that are 
                                        in excess of the value of 
                                        assistance received under this 
                                        Act and the Child Nutrition Act 
                                        of 1966 (42 U.S.C. 1771 et 
                                        seq.);
                                            ``(cc) the local 
                                        educational agency is not a 
                                        residential child care 
                                        institution (as that term is 
                                        used in section 210.2 of title 
                                        7, Code of Federal Regulations 
                                        (or successor regulations)); 
                                        and
                                            ``(dd) during the school 
                                        year prior to the first year of 
                                        the period for which the local 
                                        educational agency elects to 
                                        receive special assistance 
                                        payments under this 
                                        subparagraph, the local 
                                        educational agency or school 
                                        had a percentage of enrolled 
                                        students who were identified 
                                        students that meets or exceeds 
                                        the threshold described in 
                                        clause (viii).
                                    ``(II) Election to stop receiving 
                                payments.--A local educational agency 
                                may, for all schools in the agency or 
                                on behalf of certain schools in the 
                                agency, elect to stop receiving special 
                                assistance payments under this 
                                subparagraph for the following school 
                                year by notifying the State agency not 
                                later than June 30 of the current 
                                school year of the intention to stop 
                                receiving special assistance payments 
                                under this subparagraph.
                                    ``(III)  Other federal programs.--A 
                                local educational agency that elects to 
                                receive special payments under this 
                                subparagraph for all schools in the 
                                agency or on behalf of certain schools 
                                in the agency, such agency may use the 
                                data described in clause (iv) or (v), 
                                as applicable, to make eligibility or 
                                allocation determinations for the 
                                purposes of other Federal programs that 
                                utilize free and reduced price lunch 
                                data for eligibility determinations, 
                                including the program providing 
                                discounts to schools under section 
                                254(h) of the Communications Act of 
                                1934.
                            ``(iii) First year of option.--
                                    ``(I) Special assistance payment.--
                                For each month of the first school year 
                                of the 4-year period during which a 
                                school or local educational agency 
                                elects to receive payments under this 
                                subparagraph, special assistance 
                                payments at the rate for free meals 
                                shall be made under this subparagraph 
                                for a percentage of all reimbursable 
                                meals served in an amount equal to the 
                                product obtained by multiplying--
                                            ``(aa) the multiplier 
                                        described in clause (vii); by
                                            ``(bb) the percentage of 
                                        identified students at the 
                                        school or local educational 
                                        agency as of April 1 of the 
                                        prior school year, up to a 
                                        maximum of 100 percent.
                                    ``(II) Payment for other meals.--
                                The percentage of meals served that is 
                                not described in subclause (I) shall be 
                                reimbursed at the rate provided under 
                                section 4.
                            ``(iv) Second, third, or fourth year of 
                        option.--
                                    ``(I) Special assistance payment.--
                                For each month of the second, third, or 
                                fourth school year of the 4-year period 
                                during which a school or local 
                                educational agency elects to receive 
                                payments under this subparagraph, 
                                special assistance payments at the rate 
                                for free meals shall be made under this 
                                subparagraph for a percentage of all 
                                reimbursable meals served in an amount 
                                equal to the product obtained by 
                                multiplying--
                                            ``(aa) the multiplier 
                                        described in clause (vii); by
                                            ``(bb) the higher of the 
                                        percentage of identified 
                                        students at the school or local 
                                        educational agency as of April 
                                        1 of the prior school year or 
                                        the percentage of identified 
                                        students at the school or local 
                                        educational agency as of April 
                                        1 of the school year prior to 
                                        the first year that the school 
                                        or local educational agency 
                                        elected to receive special 
                                        assistance payments under this 
                                        subparagraph, up to a maximum 
                                        of 100 percent.
                                    ``(II) Payment for other meals.--
                                The percentage of meals served that is 
                                not described in subclause (I) shall be 
                                reimbursed at the rate provided under 
                                section 4.
                            ``(v) Grace year.--
                                    ``(I) In general.--If, not later 
                                than April 1 of the fourth year of a 4-
                                year period described in clause 
                                (ii)(I), a school or local educational 
                                agency has a percentage of enrolled 
                                students who are identified students 
                                that meets or exceeds a percentage that 
                                is 10 percentage points lower than the 
                                threshold described in clause (viii), 
                                the school or local educational agency 
                                may elect to receive special assistance 
                                payments under subclause (II) for an 
                                additional grace year.
                                    ``(II) Special assistance 
                                payment.--For each month of a grace 
                                year, special assistance payments at 
                                the rate for free meals shall be made 
                                under this subparagraph for a 
                                percentage of all reimbursable meals 
                                served in an amount equal to the 
                                product obtained by multiplying--
                                            ``(aa) the multiplier 
                                        described in clause (vii); by
                                            ``(bb) the percentage of 
                                        identified students at the 
                                        school or local educational 
                                        agency as of April 1 of the 
                                        prior school year, up to a 
                                        maximum of 100 percent.
                                    ``(III) Payment for other meals.--
                                The percentage of meals served that is 
                                not described in subclause (II) shall 
                                be reimbursed at the rate provided 
                                under section 4.
                            ``(vi) Applications.--A school or local 
                        educational agency that receives special 
                        assistance payments under this subparagraph may 
                        not be required to collect applications for 
                        free and reduced price lunches.
                            ``(vii) Multiplier.--
                                    ``(I) Phase-in.--For each school 
                                year beginning on or before July 1, 
                                2013, the multiplier shall be 1.6.
                                    ``(II) Full implementation.--For 
                                each school year beginning on or after 
                                July 1, 2014, for a local educational 
                                agency that makes the election 
                                described in clause (ii), on behalf of 
                                all schools in the agency or on behalf 
                                of certain schools in the agency, for a 
                                new period of 4 years, in consideration 
                                of the finding of the report required 
                                under clause (xii), the Secretary may 
                                use--
                                            ``(aa) a multiplier between 
                                        1.3 and 1.6; and
                                            ``(bb) subject to item 
                                        (aa), a different multiplier 
                                        for different schools or local 
                                        educational agencies.
                            ``(viii) Threshold.--
                                    ``(I) Phase-in.--For each school 
                                year beginning on or before July 1, 
                                2013, the threshold shall be 40 
                                percent.
                                    ``(II) Full implementation.--For 
                                each school year beginning on or after 
                                July 1, 2014, the Secretary may use a 
                                threshold that is less than 40 percent.
                            ``(ix) Phase-in.--
                                    ``(I) In general.--In selecting 
                                States for participation during the 
                                phase-in period, the Secretary shall 
                                select States with an adequate number 
                                and variety of schools and local 
                                educational agencies that could benefit 
                                from the option under this 
                                subparagraph, as determined by the 
                                Secretary.
                                    ``(II) Limitation.--The Secretary 
                                may not approve additional schools and 
                                local educational agencies to receive 
                                special assistance payments under this 
                                subparagraph after the Secretary has 
                                approved schools and local educational 
                                agencies in--
                                            ``(aa) for the school year 
                                        beginning on July 1, 2011, 3 
                                        States; and
                                            ``(bb) for each of the 
                                        school years beginning July 1, 
                                        2012, and July 1, 2013, an 
                                        additional 4 States per school 
                                        year.
                            ``(x) Election of option.--
                                    ``(I) In general.--For each school 
                                year beginning on or after July 1, 
                                2014, any local educational agency 
                                eligible to make the election described 
                                in clause (ii) for all schools in the 
                                agency or on behalf of certain schools 
                                in the agency may elect to receive 
                                special assistance payments under 
                                clause (iii) for the next school year 
                                if, not later than June 30 of the 
                                current school year, the local 
                                educational agency submits to the State 
                                agency the percentage of identified 
                                students at the school or local 
                                educational agency.
                                    ``(II) State agency notification.--
                                Not later than May 1 of each school 
                                year beginning on or after July 1, 
                                2011, each State agency with schools or 
                                local educational agencies that may be 
                                eligible to elect to receive special 
                                assistance payments under this 
                                subparagraph shall notify--
                                            ``(aa) each local 
                                        educational agency that meets 
                                        or exceeds the threshold 
                                        described in clause (viii) that 
                                        the local educational agency is 
                                        eligible to elect to receive 
                                        special assistance payments 
                                        under clause (iii) for the next 
                                        4 school years, of the blended 
                                        reimbursement rate the local 
                                        educational agency would 
                                        receive under clause (iii), and 
                                        of the procedures for the local 
                                        educational agency to make the 
                                        election;
                                            ``(bb) each local 
                                        educational agency that 
                                        receives special assistance 
                                        payments under clause (iii) of 
                                        the blended reimbursement rate 
                                        the local educational agency 
                                        would receive under clause 
                                        (iv);
                                            ``(cc) each local 
                                        educational agency in the 
                                        fourth year of electing to 
                                        receive special assistance 
                                        payments under this 
                                        subparagraph that does not meet 
                                        the threshold described in 
                                        clause (viii) but that meets or 
                                        exceeds a percentage that is 10 
                                        percentage points lower than 
                                        the threshold described in 
                                        clause (viii) and that receives 
                                        special assistance payments 
                                        under clause (iv), that the 
                                        local educational agency may 
                                        continue to receive such 
                                        payments for the next school 
                                        year, of the blended 
                                        reimbursement rate the local 
                                        educational agency would 
                                        receive under clause (v), and 
                                        of the procedures for the local 
                                        educational agency to make the 
                                        election; and
                                            ``(dd) each local 
                                        educational agency that does 
                                        not meet the threshold 
                                        described in clause (viii) but 
                                        that meets or exceeds a 
                                        percentage that is 10 
                                        percentage points lower than 
                                        the threshold described in 
                                        clause (viii) that the local 
                                        educational agency may be 
                                        eligible to elect to receive 
                                        special assistance payments 
                                        under clause (iii) if the 
                                        threshold described in clause 
                                        (viii) is met by April 1 of the 
                                        school year or if the threshold 
                                        is met for a subsequent school 
                                        year.
                                    ``(III) Public notification of 
                                local educational agencies.--Not later 
                                than May 1 of each school year 
                                beginning on or after July 1, 2011, 
                                each State agency with 1 or more 
                                schools or local educational agencies 
                                eligible to elect to receive special 
                                assistance payments under clause (iii) 
                                shall submit to the Secretary, and the 
                                Secretary shall publish, lists of the 
                                local educational agencies receiving 
                                notices under subclause (II).
                                    ``(IV) Public notification of 
                                schools.--Not later than May 1 of each 
                                school year beginning on or after July 
                                1, 2011, each local educational agency 
                                in a State with 1 or more schools 
                                eligible to elect to receive special 
                                assistance payments under clause (iii) 
                                shall submit to the State agency, and 
                                the State agency shall publish--
                                            ``(aa) a list of the 
                                        schools that meet or exceed the 
                                        threshold described in clause 
                                        (viii);
                                            ``(bb) a list of the 
                                        schools that do not meet the 
                                        threshold described in clause 
                                        (viii) but that meet or exceed 
                                        a percentage that is 10 
                                        percentage points lower than 
                                        the threshold described in 
                                        clause (viii) and that are in 
                                        the fourth year of receiving 
                                        special assistance payments 
                                        under clause (iv); and
                                            ``(cc) a list of the 
                                        schools that do not meet the 
                                        threshold described in clause 
                                        (viii) but that meet or exceed 
                                        a percentage that is 10 
                                        percentage points lower than 
                                        the threshold described in 
                                        clause (viii).
                            ``(xi) Implementation.--
                                    ``(I) Guidance.--Not later than 90 
                                days after the date of enactment of 
                                this subparagraph, the Secretary shall 
                                issue guidance to implement this 
                                subparagraph.
                                    ``(II) Regulations.--Not later than 
                                December 31, 2013, the Secretary shall 
                                promulgate regulations that establish 
                                procedures for State agencies, local 
                                educational agencies, and schools to 
                                meet the requirements of this 
                                subparagraph, including exercising the 
                                option described in this subparagraph.
                                    ``(III) Publication.--If the 
                                Secretary uses the authority provided 
                                in clause (vii)(II)(bb) to use a 
                                different multiplier for different 
                                schools or local educational agencies, 
                                for each school year beginning on or 
                                after July 1, 2014, not later than 
                                April 1, 2014, the Secretary shall 
                                publish on the website of the Secretary 
                                a table that indicates--
                                            ``(aa) each local 
                                        educational agency that may 
                                        elect to receive special 
                                        assistance payments under 
                                        clause (ii);
                                            ``(bb) the blended 
                                        reimbursement rate that each 
                                        local educational agency would 
                                        receive; and
                                            ``(cc) an explanation of 
                                        the methodology used to 
                                        calculate the multiplier or 
                                        threshold for each school or 
                                        local educational agency.
                            ``(xii) Report.--Not later than December 
                        31, 2013, the Secretary shall publish and 
                        submit to the Committee on Education and Labor 
                        of the House of Representatives and the 
                        Committee on Agriculture, Nutrition, and 
                        Forestry of the Senate, a report that 
                        describes--
                                    ``(I) an estimate of the number of 
                                schools and local educational agencies 
                                eligible to elect to receive special 
                                assistance payments under this 
                                subparagraph that do not elect to 
                                receive the payments;
                                    ``(II) for schools and local 
                                educational agencies described in 
                                subclause (I)--
                                            ``(aa) barriers to 
                                        participation in the special 
                                        assistance option under this 
                                        subparagraph, as described by 
                                        the nonparticipating schools 
                                        and local educational agencies; 
                                        and
                                            ``(bb) changes to the 
                                        special assistance option under 
                                        this subparagraph that would 
                                        make eligible schools and local 
                                        educational agencies more 
                                        likely to elect to receive 
                                        special assistance payments;
                                    ``(III) for schools and local 
                                educational agencies that elect to 
                                receive special assistance payments 
                                under this subparagraph--
                                            ``(aa) the number of 
                                        schools and local educational 
                                        agencies;
                                            ``(bb) an estimate of the 
                                        percentage of identified 
                                        students and the percentage of 
                                        enrolled students who were 
                                        certified to receive free or 
                                        reduced price meals in the 
                                        school year prior to the 
                                        election to receive special 
                                        assistance payments under this 
                                        subparagraph, and a description 
                                        of how the ratio between those 
                                        percentages compares to 1.6;
                                            ``(cc) an estimate of the 
                                        number and share of schools and 
                                        local educational agencies in 
                                        which more than 80 percent of 
                                        students are certified for free 
                                        or reduced price meals that 
                                        elect to receive special 
                                        assistance payments under that 
                                        clause; and
                                            ``(dd) whether any of the 
                                        schools or local educational 
                                        agencies stopped electing to 
                                        receive special assistance 
                                        payments under this 
                                        subparagraph;
                                    ``(IV) the impact of electing to 
                                receive special assistance payments 
                                under this subparagraph on--
                                            ``(aa) program integrity;
                                            ``(bb) whether a breakfast 
                                        program is offered;
                                            ``(cc) the type of 
                                        breakfast program offered;
                                            ``(dd) the nutritional 
                                        quality of school meals; and
                                            ``(ee) program 
                                        participation; and
                                    ``(V) the multiplier and threshold, 
                                as described in clauses (vii) and 
                                (viii) respectively, that the Secretary 
                                plans to use for each school year 
                                beginning on or after July 1, 2014, and 
                                the rationale for any change in the 
                                multiplier or threshold.
                            ``(xiii) Funding.--
                                    ``(I) In general.--On October 1, 
                                2010, out of any funds in the Treasury 
                                not otherwise appropriated, the 
                                Secretary of the Treasury shall 
                                transfer to the Secretary to carry out 
                                clause (xii) $5,000,000, to remain 
                                available until September 30, 2014.
                                    ``(II) Receipt and acceptance.--The 
                                Secretary shall be entitled to receive, 
                                shall accept, and shall use to carry 
                                out clause (xii) the funds transferred 
                                under subclause (I), without further 
                                appropriation.''.
            (2) Conforming amendments.--Section 11(a)(1)(B) of the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 
        1759a(a)(1)(B)) is amended by striking ``or (E)'' and inserting 
        ``(E), or (F)''.
    (b) Universal Meal Service Through Socioeconomic Data.--Section 11 
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) 
is amended by adding at the end the following:
    ``(g) Universal Meal Service Through Socioeconomic Data.--
            ``(1) In general.--To the maximum extent practicable, the 
        Secretary shall identify alternatives to--
                    ``(A) the daily counting by category of meals 
                provided by school lunch programs under this Act and 
                the school breakfast program established by section 4 
                of the Child Nutrition Act of 1966 (42 U.S.C. 1773); 
                and
                    ``(B) the use of annual applications as the basis 
                for eligibility to receive free meals or reduced price 
                meals under this Act.
            ``(2) Alternative methods.--
                    ``(A) In general.--Alternatives under paragraph (1) 
                shall--
                            ``(i) consider the recommendations of the 
                        Committee on National Statistics of the 
                        National Academy of Sciences relating to use of 
                        the American Community Survey of the Bureau of 
                        the Census and other data sources; and
                            ``(ii) include a method based on a periodic 
                        socioeconomic survey of households of children 
                        attending school in a school food authority 
                        that meets the requirements of subparagraph 
                        (E).
                    ``(B) Use of alternative methods.--At the 
                discretion of the Secretary, alternative methods 
                described in subparagraph (A) that provide accurate and 
                effective means of providing meal reimbursement 
                consistent with the eligibility status of students may 
                be--
                            ``(i) implemented for use in schools or by 
                        school food authorities that agree--
                                    ``(I) to serve all breakfasts and 
                                lunches at no charge to students in 
                                accordance with regulations issued by 
                                the Secretary; and
                                    ``(II) to pay, from sources other 
                                than Federal funds, the costs of 
                                serving any lunches and breakfasts that 
                                are in excess of the value of 
                                assistance received under this Act or 
                                the Child Nutrition Act of 1966 (42 
                                U.S.C. 1771 et seq.) with respect to 
                                the number of lunches and breakfasts 
                                served during the applicable period; or
                            ``(ii) further tested through demonstration 
                        projects carried out by the Secretary in 
                        accordance with subparagraph (C).
                    ``(C) Demonstration projects.--
                            ``(i) In general.--For the purpose of 
                        carrying out demonstration projects described 
                        in subparagraph (B), the Secretary may waive 
                        any requirement of this Act relating to--
                                    ``(I) counting of meals provided by 
                                school lunch or breakfast programs;
                                    ``(II) applications for eligibility 
                                for free or reduced priced meals; or
                                    ``(III) required direct 
                                certification under section 9(b)(4).
                            ``(ii) Number of projects.--The Secretary 
                        may--
                                    ``(I) carry out the demonstration 
                                projects using data from the American 
                                Community Survey described in 
                                subparagraph (A)(i) in not more than 5 
                                local educational agencies; and
                                    ``(II) carry out the demonstration 
                                projects using socioeconomic survey 
                                data in not more than 3 local 
                                educational agencies.
                            ``(iii) Limitation.--A demonstration 
                        project carried out under this paragraph shall 
                        have a duration of not more than 3 years.
                            ``(iv) Evaluation.--Not later than 4 years 
                        after implementing a demonstration project 
                        under this paragraph, the Secretary, using 
                        comparisons with local educational agencies 
                        with similar demographic characteristics, shall 
                        evaluate each demonstration project carried out 
                        under this paragraph, which shall include an 
                        evaluation of--
                                    ``(I) the accuracy of the 1 or more 
                                methodologies adopted as compared to 
                                the daily counting by category of meals 
                                provided by school meal programs under 
                                this Act or the Child Nutrition Act of 
                                1966 (42 U.S.C. 1771 et seq.) and the 
                                use of annual applications as the basis 
                                for eligibility to receive free or 
                                reduced price meals under those Acts;
                                    ``(II) the effect of the 1 or more 
                                methodologies adopted on participation 
                                in programs under those Acts;
                                    ``(III) the effect of the 1 or more 
                                methodologies adopted on administration 
                                of programs under those Acts; and
                                    ``(IV) such other matters as the 
                                Secretary determines to be appropriate.
                            ``(v) Report.--Not later than 90 days after 
                        the completion of the evaluation under clause 
                        (iv), the Secretary shall submit to the 
                        Committee on Education and Labor of the House 
                        of Representatives and the Committee on 
                        Agriculture, Nutrition, and Forestry of the 
                        Senate, a report that describes the results of 
                        such evaluation.
                    ``(D) Implementation priority.--The Secretary shall 
                give priority consideration for the implementation of a 
                socioeconomic survey method described in subparagraph 
                (A)(ii) by a local educational agency that uses data 
                from a socioeconomic survey as an alternative to daily 
                counting and claiming on or after the date of enactment 
                of this paragraph.
                    ``(E) Socioeconomic survey parameters.--The 
                Secretary shall establish requirements for, and 
                approve, any alternative method that is implemented, or 
                tested through a demonstration project under this 
                paragraph, using socioeconomic survey data which, at a 
                minimum, shall--
                            ``(i) be based on a socioeconomic survey, 
                        using generally accepted statistical methods, 
                        that is designed, developed, and implemented 
                        using funds from non-Federal sources;
                            ``(ii) be consistent with the Office of 
                        Management and Budget Standards and Guidelines 
                        for Statistical Surveys;
                            ``(iii) ensure that the survey is drawn 
                        from a complete, comprehensive, and accurate 
                        list of households of students enrolled in the 
                        schools to which the results will be applied;
                            ``(iv) include a scientifically rigorous 
                        implementation plan to achieve an overall 
                        response rate of at least 80 percent and an 
                        item response rate of at least 70 percent for 
                        any item in the survey used to determine free 
                        and reduced price eligibility of students 
                        enrolled in the schools to which the results 
                        will be applied;
                            ``(v) provide a plan for an alternative 
                        method of counting and claiming reimbursable 
                        meals if the socioeconomic survey fails to meet 
                        the minimum requirements established by the 
                        Secretary; and
                            ``(vi) reflect any additional criteria as 
                        established by the Secretary.''.

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

    (a) Amendment.--The Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.) is amended by inserting after 17A the 
following:

``SEC. 17B. YEAR-ROUND SCHOOL BASED MEAL SERVICE.

    ``(a) In General.--The Secretary shall carry out a program to 
assist 5 States through grants-in-aid and other means, awarded on a 
competitive basis, to provide meals and supplements (in this section 
referred to as an `out-of-school meal service') to eligible children 
participating in out-of-school programs sponsored by eligible 
elementary and secondary schools.
    ``(b) Priority Consideration.--In awarding assistance to States 
under subsection (a), the Secretary shall give priority consideration 
to States that--
            ``(1) demonstrate administrative and operational capacity 
        to oversee, based on criteria established by the Secretary, an 
        out-of-school meal service;
            ``(2) demonstrate support for out-of-school programs;
            ``(3) provide a plan for outreach and implementation to 
        reach children eligible for free or reduced price school meals 
        under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 
        1771 et seq.), including children of households at risk of food 
        insecurity, as determined by the Secretary; and
            ``(4) meet such other such considerations as determined by 
        the Secretary.
    ``(c) Meal Limits.--The number of meals provided to an eligible 
child under this section may not exceed 1 meal and 1 supplement per 
day.
    ``(d) Reimbursement.--
            ``(1) At-risk children.--A meal or supplement provided 
        under this section to an eligible child at a site that is 
        located in an area in which poor economic conditions exist 
        shall be--
                    ``(A) in the case of a meal, reimbursed at the rate 
                at which free meals are reimbursed under section 4 and 
                11 of this Act or section 4(b) of the Child Nutrition 
                Act of 1966 (42 U.S.C. 1773(b)), as adjusted pursuant 
                to section 11(a)(3) of this Act;
                    ``(B) in the case of a supplement, reimbursed at 
                the rate at which free supplements are reimbursed under 
                section 17(c)(3), as adjusted pursuant to section 
                11(a)(3); and
                    ``(C) served without charge.
            ``(2) Other children.--A meal or supplement provided under 
        this section to an eligible child at a site that is not 
        described in paragraph (1) shall be--
                    ``(A) in the case of a meal, reimbursed at the rate 
                at which free meals are reimbursed under section 4 and 
                11 of this Act or section 4(b) of the Child Nutrition 
                Act of 1966 (42 U.S.C. 1773(b)), as adjusted pursuant 
                to section 11(a)(3) of this Act; and
                    ``(B) in the case of a supplement, reimbursed at 
                the rate in which free supplements are reimbursed under 
                section 17(c)(3), as adjusted pursuant to section 
                11(a)(3).
    ``(e) Reimbursement Limitation.--An eligible elementary or 
secondary school may not claim reimbursement for the same meals served 
under this section, section 17A, section 13(a)(11), or section 17(r) on 
the same day.
    ``(f) Operational Requirements.--The Secretary shall establish 
requirements governing the operation of the out-of-school meal service 
authorized under this section to ensure that the meal service is 
operated in conformance with applicable operational and oversight 
requirements.
    ``(g) Report.--Not later than 4 years after the date of the 
enactment of this section, the Secretary shall submit to the Committee 
on Education and Labor of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate, a 
report that describes--
            ``(1) the participation in the out-of-school meal service 
        authorized under this section;
            ``(2) the monitoring and oversight requirements governing 
        the operation of the meal service;
            ``(3) the financial and administrative impact to eligible 
        elementary and secondary schools participating in the meal 
        service; and
            ``(4) any recommendations by the Secretary concerning the 
        operation and administration of the meal service under this 
        section.
    ``(h) Definitions.--For purposes of this section:
            ``(1) Area in which poor economic conditions exist.--The 
        term `area in which poor economic conditions exist' has the 
        meaning given the term `areas in which poor economic conditions 
        exist', except that the term shall be applied by substituting 
        `out-of-school-program authorized under section 17B' for 
        `program'.
            ``(2) Eligible child.--The term `eligible child' means a 
        school child who is not more than 18 years of age, except that 
        such age limitation shall not apply to a child described in 
        section 12(d)(1)(A).
            ``(3) Eligible elementary and secondary school.--The term 
        `eligible elementary and secondary school' means a school 
        that--
                    ``(A) operates school lunch programs under this 
                Act; and
                    ``(B) sponsors out-of-school programs at sites that 
                provide an educational or enrichment purpose during--
                            ``(i) the extended-school day, week, or 
                        school year; or
                            ``(ii) non-school hours or periods when 
                        school is not in session.
            ``(4) Out-of-school program.--The term `out-of-school 
        program' means a program provided for eligible children--
                    ``(A) during non-school hours or periods when 
                school is not in session, such as before or after 
                school;
                    ``(B) during any period that is an extension of the 
                school day, school week, or school year; and
                    ``(C) on weekends, holidays, and during school 
                breaks and vacations.''.
    (b) Conforming Amendment.--
            (1) Meal supplements for children in afterschool care.--
        Section 17A(c) of the Richard B. Russell National School Lunch 
        Act (42 U.S.C. 1766a(c)) is amended by adding at the end the 
        following:
            ``(3) Limitation.--An eligible elementary or secondary 
        school may not claim reimbursement for the same meals served 
        under this section, section 17B, section 13(a)(11), or section 
        17(r) on the same day.''.
            (2) Program for at-risk school children.--Section 17(r)(4) 
        of the Richard B. Russell National School Lunch Act (42 U.S.C. 
        1766(r)(D)) is amended by adding at the end the following:
                    ``(D) Reimbursement limitation.--An institution may 
                not claim reimbursement for the same meals served under 
                this subsection, section 17A, section 17B, or section 
                13(a)(11) on the same day.''.

SEC. 106. SCHOOL BREAKFAST EXPANSION GRANTS.

    Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is 
amended by adding at the end the following:
    ``(f) Grants for Expansion of School Breakfast Programs.--
            ``(1)  Establishment.--
                    ``(A) In general.--The Secretary shall establish a 
                program to award grants, on a competitive basis, to 
                State educational agencies for the purpose of providing 
                subgrants to local educational agencies for qualifying 
                schools or groups of qualifying schools to establish or 
                expand the school breakfast program at the qualifying 
                schools.
                    ``(B) Administration.--In carrying out this 
                subsection, the Secretary shall--
                            ``(i) develop an appropriate competitive 
                        application process; and
                            ``(ii) make information available to State 
                        educational agencies concerning the 
                        availability of funds under this subsection.
                    ``(C) Best practices.--
                            ``(i) In general.--Prior to awarding grants 
                        under this subsection, the Secretary shall make 
                        available to State educational agencies and 
                        local educational agencies information 
                        regarding the most effective mechanisms by 
                        which to increase school breakfast 
                        participation among eligible children at 
                        qualifying schools.
                            ``(ii) Requirement.--In awarding subgrants 
                        under paragraph (3), a State educational agency 
                        may award such subgrants only to local 
                        educational agencies for qualifying schools or 
                        groups of qualifying schools that have adopted, 
                        or provide assurances that the subgrant funds 
                        will be used to adopt, the most effective 
                        mechanisms identified by the Secretary under 
                        clause (i).
                    ``(D)  Low-income school outreach and priority.--
                            ``(i) Outreach to low-income schools.--
                        Prior to awarding subgrants under paragraph 
                        (3), a State educational agency shall inform 
                        the local educational agencies within the State 
                        with qualifying schools that have the highest 
                        proportion of students certified as eligible 
                        for free and reduced price meals, as compared 
                        to other qualifying schools in other local 
                        educational agencies within the State, of the 
                        eligibility of such agencies for subgrants 
                        provided under this subsection.
                            ``(ii) Priority.--In awarding subgrants 
                        under paragraph (3), a State educational agency 
                        shall give priority to local educational 
                        agencies with qualifying schools in which at 
                        least 75 percent of the students are eligible 
                        for free or reduced-price school lunches under 
                        the school lunch program established under the 
                        Richard B. Russell National School Lunch Act 
                        (42 U.S.C. 1751 et seq.).
            ``(2) Grants to state educational agencies.--To be eligible 
        to receive a grant under this subsection, a State educational 
        agency shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require.
            ``(3)  Subgrants to local educational agencies.--
                    ``(A) In general.--A State educational agency that 
                receives a grant under this subsection--
                            ``(i) shall use the grant funds to provide 
                        subgrants to local educational agencies for 
                        qualifying schools or groups of qualifying 
                        schools; and
                            ``(ii) may reserve not more than 5 percent 
                        of the grant funds for administration and 
                        oversight of the subgrants awarded under this 
                        paragraph.
                    ``(B) Uses of funds.--A local educational agency 
                may use subgrant funds received under this subsection--
                            ``(i) to provide training and technical 
                        assistance to the staff of qualifying schools;
                            ``(ii) to provide promotional materials to 
                        students enrolled in qualifying schools and the 
                        families of such students to encourage 
                        participation in the school breakfast program;
                            ``(iii) to purchase equipment needed to 
                        provide breakfast service outside the cafeteria 
                        at qualifying schools;
                            ``(iv) for additional local educational 
                        agency supervisory personnel to assist with 
                        implementation or expansion of the school 
                        breakfast program at qualifying schools; or
                            ``(v) other effective mechanisms identified 
                        by the Secretary under paragraph (1)(C)(i).
                    ``(C) Maximum amount.--The amount of a subgrant 
                provided under this subsection by a State educational 
                agency to a local educational agency for qualifying 
                schools or a group of qualifying schools shall not 
                exceed $10,000 for each school year.
                    ``(D) Maximum grant term.--A State educational 
                agency shall not provide subgrants under this 
                subsection to a local educational agency for qualifying 
                schools or groups of qualifying schools for more than 2 
                years.
            ``(4) Definition of qualifying school.--For purposes of 
        this section, the term `qualifying school' means a school in 
        severe need, as described in subsection (d)(1).
            ``(5) Funding.--
                    ``(A) In general.--On October 1, 2010, out of any 
                funds in the treasury not otherwise appropriated, the 
                Secretary of the Treasury shall transfer to the 
                Secretary to carry out this subsection $10,000,000 to 
                remain available until expended.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this subsection the funds transferred under 
                subparagraph (A), without further appropriation.''.

                Subtitle B--Summer Food Service Program

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

    Section 13(a) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1761(a)) is amended by striking paragraph (7) and inserting 
the following:
            ``(7) Private nonprofit organizations.--
                    ``(A) Definition of private nonprofit 
                organization.--In this paragraph, the term `private 
                nonprofit organization' means an organization that--
                            ``(i) exercises full control and authority 
                        over the operation of the program at all sites 
                        under the sponsorship of the organization;
                            ``(ii) provides ongoing year-round 
                        activities for children or families;
                            ``(iii) demonstrates that the organization 
                        has adequate management and the fiscal capacity 
                        to operate a program under this section;
                            ``(iv) has Federal tax exempt status as 
                        described in section 501(c) of the Internal 
                        Revenue Code of 1986 and exempt from taxation 
                        under 501(a) of that Code;
                            ``(v) meets applicable State and local 
                        health, safety, and sanitation standards; and
                            ``(vi) meets any operational requirements 
                        established by the State agency with respect to 
                        the maximum number of total sites and maximum 
                        number of children being served at any one 
                        site.
                    ``(B) Eligibility.--Private nonprofit organizations 
                (other than organizations eligible under paragraph (1)) 
                shall be eligible for the program under the same terms 
                and conditions as other service institutions.''.

SEC. 112. OUTREACH TO ELIGIBLE FAMILIES.

    Section 13(a) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1761(a)) (as amended by section 111) is further amended by 
adding at the end the following:
            ``(11) Outreach to eligible families.--
                    ``(A) In general.--The Secretary shall provide 
                funds to each State agency that administers the 
                national school lunch program under this Act to require 
                each such State agency to ensure that, to the maximum 
                extent practicable, school food authorities 
                participating in the school lunch program under this 
                Act cooperate with participating service institutions 
                to distribute materials to inform families of--
                            ``(i) the availability and location of 
                        summer food service program meals served under 
                        this section; and
                            ``(ii) the availability of reimbursable 
                        breakfasts served under the school breakfast 
                        program established under section 4 of the 
                        Child Nutrition Act of 1966 (42 U.S.C. 1773).
                    ``(B) Form.--The materials described in 
                subparagraph (A) shall be in a form and, to the maximum 
                extent practicable, language easily understandable by 
                families receiving such materials.
                    ``(C) Information distribution.--Informational 
                activities carried out under subparagraph (A) may 
                include--
                            ``(i) the development or dissemination of 
                        printed materials, to be distributed to all 
                        school children or the families of school 
                        children prior to the end of the school year, 
                        that inform families of the availability and 
                        location of summer food service program meals;
                            ``(ii) the development or dissemination of 
                        materials, to be distributed using electronic 
                        means to all school children or the families of 
                        school children prior to the end of the school 
                        year, that inform families of the availability 
                        and location of summer food service program 
                        meals; and
                            ``(iii) such other activities as are 
                        approved by the applicable State agency to 
                        promote the availability and location of summer 
                        food service program meals to school children 
                        and the families of school children.
                    ``(D) Multiple state agencies.--If the State agency 
                administering the program under this section is not the 
                same State agency that administers the school lunch 
                program under this Act, the 2 State agencies shall work 
                cooperatively to implement this paragraph.''.

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

    Section 13(a) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1761(a)) (as amended by section 112) is further amended by 
adding at the end the following--
            ``(11) Summer food service program year-round option.--
                    ``(A) In general.--From the amounts appropriated 
                under subparagraph (I), the Secretary is authorized to 
                carry out a program to provide, on a competitive basis, 
                not more than 10 States with reimbursements for meals 
                and supplements served, under the year-round option of 
                the program under this section as authorized under this 
                paragraph, by service institutions that are described 
                in paragraph (6) (excluding public schools) and private 
                nonprofit organizations described in paragraph (7).
                    ``(B) Assistance requirement.--In providing 
                assistance under this paragraph, the Secretary shall 
                award assistance under this section to a State that has 
                carried out year-round services under section 18(h) (as 
                in effect on the day before the date of the enactment 
                of the Improving Nutrition for America's Children Act).
                    ``(C) Priority consideration.--In providing 
                assistance under this paragraph, the Secretary shall 
                give priority consideration to States that--
                            ``(i) demonstrate administrative and 
                        operational capacity to oversee an effective 
                        year-round program option under this paragraph 
                        based on criteria established by the Secretary;
                            ``(ii) provide a plan for outreach and 
                        implementation to reach children eligible for 
                        free or reduced price meals under this Act or 
                        the Child Nutrition Act of 1966 (42 U.S.C. 1771 
                        et seq.), including children of households at 
                        risk of food insecurity, as determined by the 
                        Secretary;
                            ``(iii) demonstrate support for afterschool 
                        and summer programming; and
                            ``(iv) meet other such considerations as 
                        determined by the Secretary.
                    ``(D) Participation criteria.--A service 
                institution may participate in the year-round program 
                option under this paragraph if the institution provides 
                meals or supplements under a program that--
                            ``(i) operates at a site during the regular 
                        school calendar--
                                    ``(I) during before- or after-
                                school hours;
                                    ``(II) on weekends; or
                                    ``(III) during school holidays and 
                                vacations; and
                            ``(ii) is located in an area in which poor 
                        economic conditions exist.
                    ``(E) Enrichment programming.--The Secretary shall 
                encourage service institutions participating in the 
                program option under this paragraph to provide 
                enrichment or educational programming with meal 
                service.
                    ``(F) Terms and conditions.--
                            ``(i) Administrative requirements.--Except 
                        as otherwise provided in this paragraph, 
                        service institutions shall be eligible for the 
                        year-round program option under this paragraph 
                        under the same terms and conditions for 
                        participating in the program under this 
                        section.
                            ``(ii) Meal limits.--In addition to being 
                        eligible for reimbursement for meals described 
                        in subsection (b)(2) served during each day of 
                        operation during the periods described in 
                        subsection (c)(1), service institutions 
                        participating in the year-round program option 
                        under this paragraph may be reimbursed for up 
                        to 1 meal and 1 supplement per child served 
                        during each day of operation during the regular 
                        school calendar.
                            ``(iii) Reimbursement.--
                                    ``(I) In general.--A service 
                                institution participating in the year-
                                round program option under this 
                                paragraph shall be reimbursed 
                                consistent with subsection (b)(1). All 
                                meals and supplements served under the 
                                program option under this paragraph 
                                shall be served without charge.
                                    ``(II) Limitation.--A service 
                                institution may not claim reimbursement 
                                for the same meals served under this 
                                paragraph, section 17A, section 17B, or 
                                section 17(r) on the same day.
                                    ``(III) Eligible children.--
                                Reimbursement may be provided under 
                                this paragraph only for the same meals 
                                and supplements served to children who 
                                are not more than 18 years of age, 
                                except that the age limitation provided 
                                by this subclause shall not apply to a 
                                child described in section 12(d)(1)(A).
                    ``(G) Operational requirements.--The Secretary 
                shall establish applicable monitoring and oversight 
                requirements governing the year-round program option 
                under this paragraph to ensure appropriate compliance 
                and accountability requirements for meal service 
                provided under the program option under this paragraph.
                    ``(H) Report.--Not later than 4 years after the 
                date of the enactment of this paragraph, the Secretary 
                shall submit to the Committee on Education and Labor of 
                the House of Representatives and the Committee on 
                Agriculture, Nutrition, and Forestry of the Senate a 
                report that describes--
                            ``(i) the impact of this paragraph on 
                        participation in the program option under this 
                        section during the summer months and during the 
                        regular school year;
                            ``(ii) the monitoring and oversight 
                        requirements governing the operation of the 
                        program option under this paragraph;
                            ``(iii) the financial and administrative 
                        impact to service institutions participating in 
                        the program option under this paragraph; and
                            ``(iv) any recommendations by the Secretary 
                        concerning the operation and administration of 
                        the program option under this paragraph.
                    ``(I) Funding.--There are authorized to be 
                appropriated, and there are appropriated, out of any 
                money in the Treasury not otherwise appropriated, for 
                the Secretary to carry out this section, such sums as 
                may be necessary for each of fiscal years 2011 through 
                2015.''.

SEC. 114. RURAL ACCESS TO SUMMER FOOD SERVICE PROGRAM.

    Section 13(a)(9) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1761(a)(9)) is amended--
            (1) in the header, by striking ``Exemption'' and inserting 
        ``Applicability to rural areas'';
            (2) in subparagraph (A), by striking ``For each of calendar 
        years 2005 and 2006 in rural areas of the State of 
        Pennsylvania'' and inserting ``In rural areas of a State'';
            (3) in subparagraph (B)(iii), by striking ``2008'' and 
        inserting ``2014''; and
            (4) by striking clause (iv).

             Subtitle C--Child and Adult Care Food Program

SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINATIONS IN THE CHILD AND 
              ADULT CARE FOOD PROGRAM.

    Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)(bb)) is amended by 
striking ``elementary''.

SEC. 122. CHILD AND ADULT CARE FOOD PROGRAM REIMBURSEMENT.

    Section 17(f)(2)(B) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766 (f)(2)(B)) is amended to read as follows:
                    ``(B) Reimbursement.--
                            ``(i) In general.--No reimbursement may be 
                        made to any institution under this paragraph, 
                        or to any family or group day care home 
                        sponsoring organization under paragraph (3) of 
                        this subsection--
                                    ``(I) for more than 2 meals and 1 
                                supplement per day per child; and
                                    ``(II) for children who are 
                                maintained in child care for 8 hours or 
                                more per day, for 1 additional meal or 
                                supplement for each such child per day.
                            ``(ii) Limitations.--The reimbursement 
                        under clause (i)(II) shall be provided, on a 
                        competitive basis, to not more than 5 States 
                        for disbursement to the institutions or 
                        sponsoring organizations described in clause 
                        (i) that are located in such States. In 
                        providing such reimbursement, the Secretary 
                        shall give priority consideration to States 
                        that--
                                    ``(I) demonstrate administrative 
                                and operational capacity to oversee the 
                                additional meal service under this 
                                subparagraph based on criteria 
                                established by the Secretary;
                                    ``(II) provide a plan for outreach 
                                and implementation to reach children 
                                who are maintained in child care for 8 
                                or more hours per day; and
                                    ``(III) meet such other 
                                considerations as determined by the 
                                Secretary.
                            ``(iii) Operational requirements.--The 
                        Secretary shall establish requirements to 
                        ensure that meal services are operated in 
                        conformance with applicable operational and 
                        oversight requirements determined by the 
                        Secretary.
                            ``(iv) Reporting.--Not later than 4 years 
                        after the date of the enactment of this 
                        subparagraph, the Secretary shall submit to the 
                        Committee on Education and Labor of the House 
                        of Representatives and the Committee on 
                        Agriculture, Nutrition, and Forestry, a report 
                        that describes--
                                    ``(I) the impact of the additional 
                                meal service option under this 
                                subparagraph on participation in the 
                                program under this section;
                                    ``(II) the monitoring and oversight 
                                requirements for administering an 
                                additional meal service for children in 
                                care for more than 8 hours per day;
                                    ``(III) the financial and 
                                administrative impact to service 
                                institutions participating in the 
                                program under this section; and
                                    ``(IV) any additional information 
                                or legislative recommendations, as 
                                determined by the Secretary.''.

Subtitle D--Special Supplemental Nutrition Program for Women, Infants, 
                              and Children

SEC. 131. CERTIFICATION PERIODS.

    Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(d)(3)(A)) is amended by adding at the end the following:
                            ``(iii) Children.--A State may elect to 
                        certify participant children for a period of up 
                        to 1 year, if the State electing the option 
                        provided under this clause ensures that 
                        participant children receive required health 
                        and nutrition assessments.''.

                       Subtitle E--Miscellaneous

SEC. 141. CHILDHOOD HUNGER RESEARCH.

    The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 
seq.) is amended by inserting after section 22 the following:

``SEC. 23. CHILDHOOD HUNGER RESEARCH.

    ``(a) Research on Causes and Consequences of Childhood Hunger.--The 
Secretary shall conduct a research program on--
            ``(1) the causes of childhood hunger and food insecurity;
            ``(2) the characteristics of households with childhood 
        hunger and food insecurity; and
            ``(3) the consequences of childhood hunger and food 
        insecurity.
    ``(b) Authority.--In carrying out research under subsection (a), 
the Secretary may--
            ``(1) enter into competitively awarded contracts or 
        cooperative agreements with eligible entities; or
            ``(2) provide grants to eligible entities.
    ``(c) Eligible Entity Defined.--For purposes of this section, the 
term `eligible entity' means a--
            ``(1) State;
            ``(2) institution of higher education; or
            ``(3) public or private agency or organization, as 
        determined by the Secretary.
    ``(d) Application.--To be eligible to enter into a contract or 
cooperative agreement or receive a grant under this section, an 
eligible entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the Secretary 
shall require.
    ``(e) Areas of Inquiry.--The Secretary shall design the research 
program to advance knowledge and understanding on the issues described 
in subsection (a), which may include--
            ``(1) economic, health, social, cultural, demographic, and 
        other factors that contribute to childhood hunger or food 
        insecurity;
            ``(2) the geographic distribution of childhood hunger and 
        food insecurity;
            ``(3) the extent to which--
                    ``(A) existing Federal assistance programs, 
                including the Internal Revenue Code of 1986, reduce 
                childhood hunger and food insecurity; and
                    ``(B) childhood hunger and food insecurity persist 
                due to--
                            ``(i) gaps in program coverage;
                            ``(ii) the inability of potential 
                        participants to access programs; or
                            ``(iii) the insufficiency of program 
                        benefits or services;
            ``(4) the public health and medical costs of childhood 
        hunger and food insecurity;
            ``(5) an estimate of the degree to which the measure of 
        food insecurity based on the Current Population Survey 
        conducted by the Census Bureau underestimates childhood hunger 
        and food insecurity; and
            ``(6) the effects of childhood hunger on child development, 
        well-being, educational attainment, and such other critical 
        outcomes as are determined by the Secretary.
    ``(f) Funding.--
            ``(1) In general.--On October 1, 2012, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        section $10,000,000, to remain available until expended.
            ``(2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation.''.

SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.

    The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 
seq.) is further amended by inserting after section 23 (as added by 
section 141) the following:

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

    ``(a) In General.--From the amounts appropriated under subsection 
(k), the Secretary may competitively award grants, or enter into 
competitively awarded cooperative agreements with, the Governors of 
States to carry out comprehensive and innovative demonstration projects 
to end childhood hunger, including projects that establish public-
private partnerships and alternative models for service delivery that 
promote the reduction or elimination of childhood hunger by 2015.
    ``(b) Grant Size.--In determining the size of a grant to award to a 
Governor of a State under this section, the Secretary shall consider--
            ``(1) the proportion of children in the State certified as 
        eligible for free and reduced price meals under this Act; and
            ``(2) the rates of food insecurity, hunger, or poverty in 
        the State, as determined by the Secretary.
    ``(c) Application.--To be eligible to receive a grant or 
cooperative agreement under this section, a Governor of a State shall 
submit to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may require.
    ``(d) Projects.--A Governor of a State receiving funds under this 
section shall use such funds to carry out a demonstration project based 
on a comprehensive and innovative strategy to end childhood hunger, 
including a project that--
            ``(1) enhances benefits or provides for innovative program 
        delivery models in the Federal child nutrition programs, 
        including school meal programs, afterschool or out-of-school 
        meal service programs, summer feeding programs, weekend feeding 
        programs, child and adult care food programs, and the Special 
        Supplemental Nutrition Program for Women, Infants, and Children 
        established under the Child Nutrition Act of 1966 (42 U.S.C. 
        1771 et seq.).
            ``(2) increase access and participation in Federal child 
        nutrition programs; and
            ``(3) improve the coordination of Federal, State, and 
        community resources and services aimed at eliminating childhood 
        food insecurity and hunger, including Federal child nutrition 
        programs, other Federal, State, or local assistance programs 
        and services, and private or nonprofit assistance efforts.
    ``(e) Selection Criteria.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretaries listed in paragraph (2), shall determine the range 
        of projects to be funded under this section and evaluate 
        applications submitted under subsection (c) based on publicly 
        disseminated criteria that may include--
                    ``(A) a description of the target population, 
                including children certified as eligible for free or 
                reduced price meals under this Act or section 4 of the 
                Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
                that are at risk of experiencing hunger or food 
                insecurity;
                    ``(B) a commitment to approaches that use rigorous 
                methodologies for implementation and evaluation, as 
                described in subsection (g);
                    ``(C) a comprehensive and innovative strategy to 
                reduce the risk of childhood hunger or provide a 
                significant improvement to the food security status of 
                households with children;
                    ``(D) as part of the comprehensive and innovative 
                strategy, a consideration of approaches to improve the 
                nutritional status of children eligible for free and 
                reduced price meals under this Act or section 4 of the 
                Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
                    ``(E) a partnership among public and private 
                stakeholders that demonstrates a commitment to 
                collaborate toward ending childhood hunger through a 
                coordinated plan;
                    ``(F) a preference for projects with a 25 percent 
                non-Federal match that may be provided in cash or 
                fairly evaluated in-kind contributions, including 
                facilities, equipment, services, or staffing from a 
                State government, a local government, or a private 
                source; and
                    ``(G) such other criteria as are determined by the 
                Secretary.
            ``(2) Consultation.--The Secretary shall consult with--
                    ``(A) the Secretary of Health and Human Services;
                    ``(B) the Secretary of Labor;
                    ``(C) the Secretary of Education; and
                    ``(D) the Secretary of Housing and Urban 
                Development.
    ``(f) Requirements.--A Governor of a State receiving funding under 
this section to carry out a demonstration project shall provide for--
            ``(1) a collaboration among key stakeholders in the State, 
        such as representatives from business, nonprofits, faith- and 
        community-based organizations, institutions of higher 
        education, the philanthropic sector, and public agencies that 
        oversee Federal child nutrition programs, education, housing, 
        public health, and other social service programs;
            ``(2) a collaborative planning process that results in a 
        comprehensive agenda to eliminate childhood hunger that is--
                    ``(A) described in a detailed project plan; and
                    ``(B) provided to the Secretary for approval;
            ``(3) an annual budget;
            ``(4) specific performance goals, including the goal to 
        sharply reduce or eliminate food insecurity among children in 
        the State by 2015, as determined through a methodology 
        prescribed by the Secretary and carried out by the Governor; 
        and
            ``(5) an independent evaluation described in subsection 
        (g).
    ``(g) Evaluation.--Each Governor of a State carrying out a project 
with funds under this section shall carry out an independent evaluation 
that measures and evaluates the impact of any activities carried out 
under the project on the rate of childhood food insecurity in the State 
that--
            ``(1) includes a preimplementation baseline and annual 
        measurements taken during the project of the level of food 
        insecurity in the State;
            ``(2) is carried out using a scientifically valid 
        methodology prescribed by the Secretary, including random 
        assignment or other methods that are capable of producing 
        scientifically valid information, to determine which activities 
        are effective in reducing the prevalence or preventing the 
        incidence of food insecurity and hunger in the community, 
        especially among children; and
            ``(3) evaluates the impact of the project on appropriate 
        participation, food security, nutrition, and associated 
        behavioral outcomes among participating children.
    ``(h) Reporting.--Not later than December 31, 2011, and each 
December 31 thereafter until the date on which the last evaluation 
under subsection (g) of a project funded under this section is 
completed, the Secretary shall--
            ``(1) submit to the Committee on Education and Labor of the 
        House of Representatives and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate a report that includes a 
        description of--
                    ``(A) the status of each demonstration project 
                carried out with funds under this section; and
                    ``(B) the results of any evaluations of the 
                demonstration projects completed during the previous 
                fiscal year; and
            ``(2) ensure that the evaluation results are shared broadly 
        to inform policy makers, service providers, other partners, and 
        the public in order to promote the wide use of successful 
        strategies.
    ``(i) Limitations.--
            ``(1) Duration.--No project may be funded under this 
        section for more than 5 years.
            ``(2) Number of project.--No Governor of a State may 
        receive funds under this section to carry out more than 1 
        project.
            ``(3) Performance basis.--Funds provided under this section 
        shall be made available to a Governor of a State for each year 
        of the grant or contract awarded to such Governor of a State. 
        The amount of funds provided for each year shall be contingent 
        on the satisfactory implementation of the project plan 
        submitted under subsection (f)(2) and progress towards the 
        performance goals defined in the plan.
            ``(4) Other benefits.--Funds made available under this 
        section may not be used for any project in a manner that is 
        inconsistent with--
                    ``(A) the Child Nutrition Act of 1966 (42 U.S.C. 
                1771 et seq.);
                    ``(B) the Food and Nutrition Act of 2008 (7 U.S.C. 
                2011 et seq.); or
                    ``(C) the Emergency Food Assistance Act of 1983 (7 
                U.S.C. 7501 et seq.).
    ``(j) Definitions.--In this section:
            ``(1) Child.--The term `child' means a person under the age 
        of 18.
            ``(2) Eligible entity.--The term `eligible entity' means a 
        public or private agency or organization, as determined by the 
        Secretary.
            ``(3) Governor of a state.--The term `Governor of a State' 
        means--
                    ``(A) a Governor of a State; or
                    ``(B) an eligible entity approved by a Governor of 
                a State.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to carry out this section for fiscal years 
2011 through 2015, to remain available until September 30, 2015.''.

SEC. 143. POLICIES AND PRACTICES TO PREVENT OVERT IDENTIFICATION.

    Section 9(b)(10) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(b)(10)) is amended to read as follows:
            ``(10) Prohibition of overt identification.--
                    ``(A) In general.--A school participating in the 
                school lunch program under this Act shall not--
                            ``(i) physically segregate, or otherwise 
                        discriminate against, any child eligible for a 
                        free or reduced price meal under this Act or 
                        section 4 of the Child Nutrition Act of 1966 
                        (42 U.S.C. 1773); or
                            ``(ii) overtly identify any child by 
                        special tokens or tickets, announced or 
                        published list of names, or by other means, as 
                        determined by the Secretary.
                    ``(B) Availability of reimbursable meals for 
                eligible children.--
                            ``(i) In general.--Consistent with the 
                        provisions of this paragraph, each local 
                        educational agency shall notify parents and 
                        guardians in writing of the policies with 
                        respect to providing meals under this Act or 
                        section 4 of the Child Nutrition Act of 1966 
                        (42 U.S.C. 1773) to children--
                                    ``(I) who do not have sufficient 
                                funds to purchase a paid or reduced 
                                price meal; or
                                    ``(II) who are members of 
                                households that have an outstanding 
                                debt owed to the local educational 
                                agency for a reimbursable meal.
                            ``(ii) Free meals.--All children who are 
                        certified as eligible for free meals shall be 
                        offered the reimbursable meal that is made 
                        available by the child's school on any day, 
                        regardless of any unpaid fees.
                            ``(iii) Reduced price meals.--All children 
                        who are certified as eligible for reduced price 
                        meals shall be offered the reimbursable meal 
                        that is made available by the child's school on 
                        any day, if a child pays the reduced price meal 
                        charge for that day, regardless of any unpaid 
                        fees.
                            ``(iv) Paid meals.--All children who are 
                        not eligible for free or reduced price meals 
                        shall be offered the reimbursable meal that is 
                        made available by the child's school on any 
                        day, if a child pays the paid meal charge for 
                        that day, regardless of any unpaid fees.
                            ``(v) Households in arrears.--For a child 
                        from a household that has outstanding debt owed 
                        to a local educational agency for a 
                        reimbursable meal, the local educational 
                        agency--
                                    ``(I) shall promptly notify the 
                                parent or guardian of such household of 
                                the amount of the debt and how to 
                                rectify the debt, and conduct follow-up 
                                communication with the parent or 
                                guardian as necessary to carry out such 
                                notification;
                                    ``(II) shall attempt to directly 
                                certify, under paragraph (4) and (5), 
                                the child;
                                    ``(III) if direct certification 
                                pursuant to subclause (II) is not 
                                practicable or successful and such 
                                household does not have an approved 
                                household application on file with the 
                                agency, shall provide a household 
                                application and related materials to 
                                such household; and
                                    ``(IV) may attempt to collect 
                                unpaid reimbursable meal fees from such 
                                household.
                    ``(C) Study on current practices.--
                            ``(i) In general.--The Secretary shall 
                        assess policies and practices at the State, 
                        local educational agency, and school food 
                        authority level in effect as of the date of 
                        enactment of the Improving Nutrition for 
                        America's Children Act, which may impact the 
                        overt identification of eligible children, 
                        including policies and procedures--
                                    ``(I) to attempt to directly 
                                certify as eligible for free meals, 
                                children from households that have an 
                                outstanding debt owed to the local 
                                educational agency for a reimbursable 
                                meal;
                                    ``(II) to collect payment from 
                                children for a reimbursable meal, 
                                including children from households that 
                                have an outstanding debt owed to the 
                                local educational agency for such meal;
                                    ``(III) to extend credit to 
                                children for the cost of purchasing a 
                                reimbursable meal if a child has 
                                insufficient funds to pay for such 
                                meal;
                                    ``(IV) to provide children that 
                                have insufficient funds with an 
                                alternative meal other than the 
                                reimbursable meal offered;
                                    ``(V) that may directly impact a 
                                child with insufficient funds in a 
                                manner unassociated with school meal 
                                service, such as withholding 
                                educational opportunities; and
                                    ``(VI) that may directly or 
                                indirectly result in the overt 
                                identification of students eligible for 
                                reimbursable meals, as determined by 
                                the Secretary.
                            ``(ii) Report.--Not later than October 1, 
                        2012, the Secretary shall submit to the 
                        Committee on Education and Labor of the House 
                        of Representatives and the Committee on 
                        Agriculture, Nutrition, and Forestry of the 
                        Senate a report that describes--
                                    ``(I) findings of the assessment 
                                under clause (i); and
                                    ``(II) recommendations for national 
                                standards for meal payment and food 
                                service policies and practices to 
                                ensure that children eligible for free 
                                or reduced price lunch or breakfast are 
                                certified expeditiously throughout the 
                                school year and are not overtly 
                                identified, with considerations for 
                                feasibility, content, and 
                                implementation.
                    ``(D) Guidance.--After submitting the report under 
                subparagraph (C), the Secretary shall develop and 
                provide guidance in the form of best practices 
                consistent with this paragraph to States, school food 
                authorities, and local educational agencies with regard 
                to meal payment and food service policies and practices 
                to ensure eligible children have access to free and 
                reduced price meals and are not overtly identified.
                    ``(E) Further action.--The Secretary may--
                            ``(i) test through demonstration projects 
                        the recommendations from the report submitted 
                        under subparagraph (C)(ii); or
                            ``(ii) implement national standards through 
                        regulations, which shall consider--
                                    ``(I) the results of any 
                                demonstration projects under clause 
                                (i);
                                    ``(II) the impact of overt 
                                identification on children;
                                    ``(III) the manner in which 
                                eligible children will be provided with 
                                assistance in becoming certified for 
                                free or reduced school meals; and
                                    ``(IV) the potential financial and 
                                administrative impact on school food 
                                authorities and local educational 
                                agencies.''.

SEC. 144. STUDY RELATING TO THE CHILD AND ADULT CARE FOOD PROGRAM.

    (a) Study.--The Secretary, acting through the Administrator of the 
Food and Nutrition Service, shall carry out a study of States 
participating in an afterschool at-risk meal service program under the 
child and adult care food program established under section 17(r) of 
the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress, and make available on 
the Web site of the Food and Nutrition Service, a report that 
describes--
            (1) the results of the study;
            (2) best practices of States in soliciting sponsors for an 
        afterschool at-risk meal service program described in 
        subsection (a); and
            (3) any Federal or State laws or requirements that may be a 
        barrier to participation in the program.

SEC. 145. WEEKENDS AND HOLIDAYS WITHOUT HUNGER.

    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended by adding at the end the following:
    ``(j) Weekends and Holidays Without Hunger.--
            ``(1) Establishment.--From the amounts appropriated under 
        paragraph (7), the Secretary shall carry out a pilot program 
        under which the Secretary shall provide commodities to eligible 
        institutions to carry out projects to provide nutritious food 
        to at-risk school children on weekends and during extended 
        school holidays during the school year.
            ``(2) Eligibility.--
                    ``(A) In general.--To be eligible to receive 
                commodities under this subsection, an eligible 
                institution shall submit an application to the 
                Secretary at such time, in such manner, and containing 
                such information as the Secretary may determine.
                    ``(B) Plan.--An application under subparagraph (A) 
                shall include the plan of the eligible institution for 
                the distribution of nutritious foods to at-risk school 
                children, including--
                            ``(i) methods of food service delivery to 
                        at-risk school children;
                            ``(ii) assurances that children receiving 
                        foods under the project will not be publicly 
                        separated or overtly identified;
                            ``(iii) lists of the types of food to be 
                        provided under the project and provisions to 
                        ensure food quality and safety;
                            ``(iv) information on the number of at-risk 
                        school children to be served and the per-child 
                        cost of providing the children with food; and
                            ``(v) such other information as the 
                        Secretary determines to be necessary to assist 
                        the Secretary in evaluating projects that 
                        receive commodities under this subsection.
            ``(3) Priority.--In selecting applications under this 
        subsection, the Secretary shall give priority to eligible 
        institutions that--
                    ``(A) have on-going programs and experience serving 
                populations with significant proportions of at-risk 
                school children;
                    ``(B) have a good record of experience in food 
                delivery and food safety systems;
                    ``(C) maintain high quality control, 
                accountability, and recordkeeping standards;
                    ``(D) provide children with readily consumable food 
                of high nutrient content and quality;
                    ``(E) demonstrate cost efficiencies and the 
                potential for obtaining supplemental funding from non-
                Federal sources to carry out projects; and
                    ``(F) demonstrate the ability to continue projects 
                for the full approved term of the pilot project period.
            ``(4) Guidelines.--
                    ``(A) In general.--The Secretary shall issue 
                guidelines containing the criteria for projects to 
                receive commodities under this section.
                    ``(B) Inclusions.--The guidelines shall, to the 
                maximum extent practicable within the funds available 
                and applications submitted, take into account--
                            ``(i) geographical variations in project 
                        locations to include qualifying projects in 
                        rural, urban, and suburban areas with high 
                        proportions of families with at-risk school 
                        children;
                            ``(ii) different types of projects that 
                        offer nutritious foods on weekends and during 
                        school holidays to at-risk school children; and
                            ``(iii) institutional capacity to collect, 
                        maintain, and provide statistically valid 
                        information necessary for the Secretary--
                                    ``(I) to analyze and evaluate the 
                                results of the pilot project; and
                                    ``(II) to make recommendations to 
                                Congress.
            ``(5) Evaluation.--
                    ``(A) Interim evaluation.--Not later than November 
                30, 2013, the Secretary shall complete an interim 
                evaluation of the pilot program carried out under this 
                subsection.
                    ``(B) Final report.--Not later than December 31, 
                2015, the Secretary shall submit to Congress a final 
                report that contains--
                            ``(i) an evaluation of the pilot program 
                        carried out under this subsection; and
                            ``(ii) any recommendations of the Secretary 
                        for legislative action.
            ``(6) Definitions.--In this subsection:
                    ``(A) At-risk school child.--The term `at-risk 
                school child' has the meaning given the term in section 
                17(r)(1).
                    ``(B) Eligible institution.--
                            ``(i) In general.--The term `eligible 
                        institution' means a public or private 
                        nonprofit institution that is determined by the 
                        Secretary to be able to meet safe food storage, 
                        handling, and delivery standards established by 
                        the Secretary.
                            ``(ii) Inclusions.--The term `eligible 
                        institution' includes--
                                    ``(I) an elementary or secondary 
                                school or school food service 
                                authority;
                                    ``(II) a food bank or food pantry;
                                    ``(III) a homeless shelter; and
                                    ``(IV) such other type of emergency 
                                feeding agency as is approved by the 
                                Secretary.
            ``(7) Funding.--There are authorized to be appropriated 
        such sums as may be necessary to carry out this subsection for 
        each of fiscal years 2011 through 2015.''.

                 TITLE II--IMPROVING NUTRITION QUALITY

                 Subtitle A--School Nutrition Programs

SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE INCREASES FOR NEW MEAL 
              PATTERNS.

    Section 4(b) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1753(b)) is amended by adding at the end the following:
            ``(3) Additional reimbursement.--
                    ``(A) Regulations.--
                            ``(i) Proposed regulations.--
                        Notwithstanding section 9(f), not later than 18 
                        months after the date of enactment of this 
                        paragraph, the Secretary shall promulgate 
                        proposed regulations to update the meal 
                        patterns and nutrition standards for the school 
                        lunch program authorized under this Act and the 
                        school breakfast program established by section 
                        4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                        1773) based on recommendations made by the Food 
                        and Nutrition Board of the National Research 
                        Council of the National Academy of Sciences.
                            ``(ii) Interim or final regulations.--
                                    ``(I) In general.--Not later than 
                                18 months after promulgation of the 
                                proposed regulations under clause (i), 
                                the Secretary shall promulgate interim 
                                or final regulations.
                                    ``(II) Date of required 
                                compliance.--The Secretary shall 
                                establish in the interim or final 
                                regulations a date by which all school 
                                food authorities participating in the 
                                school lunch program authorized under 
                                this Act and the school breakfast 
                                program established by section 4 of the 
                                Child Nutrition Act of 1966 (42 U.S.C. 
                                1773) are required to comply with the 
                                meal pattern and nutrition standards 
                                established in the interim or final 
                                regulations.
                            ``(iii) Report to congress.--Not later than 
                        90 days after the date of enactment of this 
                        paragraph, and each 90 days thereafter until 
                        the Secretary has promulgated interim or final 
                        regulations under clause (ii), the Secretary 
                        shall submit to the Committee on Education and 
                        Labor of the House of Representatives and the 
                        Committee on Agriculture, Nutrition, and 
                        Forestry of the Senate a quarterly report on 
                        progress made toward promulgation of the 
                        regulations described in this subparagraph.
                    ``(B) Performance-based reimbursement rate 
                increase.--Beginning on the later of the date of 
                promulgation of the interim or final regulations 
                described in subparagraph (A)(ii), the date of 
                enactment of this paragraph, or October 1, 2012, the 
                Secretary shall provide additional reimbursement for 
                each lunch served in school food authorities determined 
                to be eligible under subparagraph (D).
                    ``(C) Additional reimbursement.--
                            ``(i) In general.--Each lunch served in 
                        school food authorities determined to be 
                        eligible under subparagraph (D) shall receive 
                        an additional 6 cents, adjusted in accordance 
                        with section 11(a)(3), to the national lunch 
                        average payment for each lunch served.
                            ``(ii) Disbursement.--The State agency 
                        shall disburse funds made available under this 
                        paragraph to school food authorities eligible 
                        to receive additional reimbursement.
                    ``(D) Eligible school food authority.--To be 
                eligible to receive an additional reimbursement 
                described in this paragraph, a school food authority 
                shall be certified by the State to be in compliance 
                with the interim or final regulations described in 
                subparagraph (A)(ii).
                    ``(E) Failure to comply.--Beginning on the later of 
                the date described in subparagraph (A)(ii)(II), the 
                date of enactment of this paragraph, or October 1, 
                2012, school food authorities found to be out of 
                compliance with the meal patterns or nutrition 
                standards established by the interim or final 
                regulations shall not receive the additional 
                reimbursement for each lunch served described in this 
                paragraph.
                    ``(F) Administrative costs.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), the Secretary shall make funds 
                        available to States for State activities 
                        related to training, technical assistance, 
                        certification, and oversight activities of this 
                        paragraph.
                            ``(ii) Provision of funds.--The Secretary 
                        shall provide funds described in clause (i) to 
                        States administering a school lunch program in 
                        a manner proportional with each State's 
                        administrative expense allocation under section 
                        7(a)(2) of the Child Nutrition Act of 1966 (42 
                        U.S.C. 1776(a)(2)).
                            ``(iii) Funding.--
                                    ``(I) In general.--In the later of 
                                the fiscal year in which the interim or 
                                final regulations described in 
                                subparagraph (A)(ii) are promulgated or 
                                the fiscal year in which this paragraph 
                                is enacted, and in the subsequent 
                                fiscal year, the Secretary shall use 
                                not more than $50,000,000 of funds made 
                                available under section 3 to make 
                                payments to States described in clause 
                                (i).
                                    ``(II) Reservation.--In providing 
                                funds to States under clause (i), the 
                                Secretary may reserve not more than 
                                $3,000,000 per fiscal year to support 
                                Federal administrative activities to 
                                carry out this paragraph.''.

SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK.

    (a) Section 9(a)(2)(A) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended by amending clause (i) 
to read as follows:
                            ``(i) subject to standards established by 
                        the Secretary, shall offer students a variety 
                        of fluid milk, which shall be consistent with 
                        the most recent Dietary Guidelines for 
                        Americans published under section 301 of the 
                        National Nutrition Monitoring and Related 
                        Research Act of 1990 (7 U.S.C. 5341);''.
    (b) Section 9(a)(2)(B) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758(a)(2)(B)) is amended by amending clause (ii) 
to read as follows:
                            ``(ii) Notice.--The substitutions may be 
                        made if the school notifies the State agency 
                        that the school is implementing a variation 
                        allowed under this subparagraph, and if the 
                        substitution is requested by a medical 
                        authority or by a student's parent or legal 
                        guardian, except that the school shall not be 
                        required to provide beverages other than 
                        beverages the school has identified as 
                        acceptable substitutes.''.

SEC. 203. WATER.

    Section 9(a) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(a)) is amended by adding at the end the following:
            ``(5) Water.--Schools participating in the school lunch 
        program under this Act shall make available to children free of 
        charge, as nutritionally appropriate, potable water for 
        consumption in the place where meals are served during meal 
        service.''.

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

    Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is 
amended--
            (1) by striking the section heading and all that follows 
        through ``(a) The Secretary'' and inserting the following:

``SEC. 10. REGULATIONS.

    ``(a) In General.--The Secretary''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) National School Nutrition Standards.--
            ``(1) Regulations.--
                    ``(A) In general.--The Secretary shall establish 
                science-based nutrition standards for foods sold in 
                schools other than foods provided under this Act and 
                the Richard B. Russell National School Lunch Act (42 
                U.S.C. 1751 et seq.).
                    ``(B) Application.--The nutrition standards shall 
                apply to all foods sold--
                            ``(i) outside the school meal programs 
                        under this Act and the Richard B. Russell 
                        National School Lunch Act (42 U.S.C. 1751 et 
                        seq.);
                            ``(ii) on the school campus; and
                            ``(iii) at any time during the extended 
                        school day, including the official school day 
                        and the time before and after the official 
                        school day when events or activities are 
                        primarily under the control of the school or a 
                        third party on behalf of the school, except for 
                        school-sponsored events or activities before 
                        and after the official school day where parents 
                        and adults are a significant proportion of the 
                        participants or the audience.
                    ``(C) Requirements.--In establishing nutrition 
                standards under this paragraph, the Secretary shall--
                            ``(i) establish standards that are 
                        consistent with the goals of the most recent 
                        Dietary Guidelines for Americans published 
                        under section 301 of the National Nutrition 
                        Monitoring and Related Research Act of 1990 (7 
                        U.S.C. 5341) (in this subsection referred to as 
                        the `Dietary Guidelines'), including the 
                        provisions related to food groups to encourage 
                        and nutrients of concern; and
                            ``(ii) consider--
                                    ``(I) authoritative scientific 
                                recommendations for nutrition 
                                standards;
                                    ``(II) existing school nutrition 
                                standards, including voluntary 
                                standards for beverages and snack 
                                foods, and State and local standards;
                                    ``(III) the practical application 
                                of the nutrition standards; and
                                    ``(IV) special exemptions for 
                                school-sponsored fundraisers (other 
                                than fundraising through vending 
                                machines, school stores, snack bars, a 
                                la carte sales, and any other 
                                exclusions determined by the 
                                Secretary), if the fundraisers are 
                                approved by the school and--
                                            ``(aa) are infrequent 
                                        within the school during the 
                                        official school day; or
                                            ``(bb) occur at any time 
                                        outside of the official school 
                                        day.
                    ``(D) Updating standards.--As soon as practicable 
                after the date of publication by the Department of 
                Agriculture and the Department of Health and Human 
                Services of a new edition of the Dietary Guidelines, 
                the Secretary shall review and update as necessary the 
                school nutrition standards and requirements established 
                under this subsection.
            ``(2) Implementation.--
                    ``(A) Proposed regulations.--Not later than 18 
                months after the date of enactment of this paragraph, 
                the Secretary shall promulgate proposed regulations to 
                carry out paragraph (1).
                    ``(B) Effective date.--Not later than 18 months 
                after promulgating proposed regulations, the Secretary 
                shall promulgate interim final regulations or final 
                regulations to carry out paragraph (1) that shall take 
                effect at the beginning of the school year that is not 
                earlier than 1 year and not later than 2 years 
                following the date on which the interim final 
                regulations or final regulations, as applicable, are 
                published in the Federal Register.
                    ``(C) Reporting.--The Secretary shall submit to the 
                Committee on Agriculture, Nutrition, and Forestry of 
                the Senate and the Committee on Education and Labor of 
                the House of Representatives a quarterly report that 
                describes progress made toward promulgating final 
                regulations under this subsection.''.

SEC. 205. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTATION.

    (a) In General.--The Richard B. Russell National School Lunch Act 
is amended by inserting after section 9 (42 U.S.C. 1758) the following:

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

    ``(a) In General.--Each local educational agency participating in a 
program authorized by this Act or the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) shall establish a local school wellness policy for 
all schools under the jurisdiction of the local educational agency.
    ``(b) Guidelines.--The Secretary shall promulgate regulations that 
provide the framework and guidelines for local educational agencies to 
establish local school wellness policies, including, at a minimum--
            ``(1) goals for nutrition promotion and education, physical 
        activity and education, and other school-based activities that 
        promote student wellness;
            ``(2) nutrition guidelines for all foods available on each 
        school campus under the jurisdiction of the local educational 
        agency during the school day that--
                    ``(A) are consistent with sections 9 and 17 of this 
                Act, and sections 4 and 10 of the Child Nutrition Act 
                of 1966 (42 U.S.C. 1773, 1779); and
                    ``(B) promote student health and wellness;
            ``(3) a requirement that the local educational agency 
        designate a standing local wellness policy committee comprised 
        of parents, students, representatives of the school food 
        authority, teachers of physical education, school health 
        professionals, the school board, school administrators, and the 
        general public to participate in the development, 
        implementation, and periodic review and update of the local 
        school wellness policy;
            ``(4) a requirement that the local educational agency 
        inform and update the public (including parents, students, and 
        others in the community) about the content and progress on the 
        implementation of the local school wellness policy; and
            ``(5) a requirement that the local educational agency--
                    ``(A) periodically measure and make available to 
                the public an assessment on the implementation of the 
                local school wellness policy, including--
                            ``(i) the extent to which schools under the 
                        jurisdiction of the local educational agency 
                        are in compliance with the local school 
                        wellness policy;
                            ``(ii) the extent to which the local school 
                        wellness policy of the local educational agency 
                        compares to model local school wellness 
                        policies;
                            ``(iii) a description of the progress made 
                        in attaining the goals of the local school 
                        wellness policy; and
                            ``(iv) any proposed changes to the local 
                        wellness policy based on the periodic 
                        assessment under this paragraph; and
                    ``(B) designate 1 or more local educational agency 
                officials or school officials, as appropriate, to 
                ensure that each school complies with the local school 
                wellness policy.
    ``(c) Local Discretion.--The local educational agency shall use the 
guidelines promulgated by the Secretary under subsection (b) to 
determine specific policies appropriate for the schools under the 
jurisdiction of the local educational agency.
    ``(d) Technical Assistance and Best Practices.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Education and the Secretary of Health and Human 
        Services, acting through the Centers for Disease Control and 
        Prevention, shall provide information and technical assistance 
        to local educational agencies, school food authorities, and 
        State educational agencies for use in establishing healthy 
        school environments that are intended to promote student health 
        and wellness.
            ``(2) Content.--The Secretary shall provide technical 
        assistance that--
                    ``(A) includes resources and training on designing, 
                promoting, implementing, disseminating, and evaluating 
                local school wellness policies and overcoming barriers 
                to the adoption of local school wellness policies;
                    ``(B) includes model local school wellness policies 
                and best practices recommended by Federal agencies, 
                State agencies, and nongovernmental organizations;
                    ``(C) includes such other technical assistance as 
                is required to promote sound nutrition and establish 
                healthy school environments; and
                    ``(D) is consistent with the specific needs and 
                requirements of local educational agencies.
            ``(3) Funding.--
                    ``(A) In general.--On October 1, 2010, and on each 
                October 1 thereafter through October 1, 2014, out of 
                any funds in the Treasury not otherwise appropriated, 
                the Secretary of the Treasury shall transfer to the 
                Secretary to carry out this subsection $500,000, to 
                remain available until expended.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this paragraph the funds transferred under 
                subparagraph (A), without further appropriation.
    ``(e) Report.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary, in conjunction with the 
        Secretary of Education and the Secretary of Health and Human 
        Services (acting through Director of the Centers for Disease 
        Control and Prevention), shall prepare a report on the 
        implementation, strength, and effectiveness of the local school 
        wellness policies carried out in accordance with this section.
            ``(2) Report on local school wellness policies.--The study 
        described in paragraph (1) shall include--
                    ``(A) an analysis of the strength and weaknesses of 
                local school wellness policies and how the policies 
                compare with model local wellness policies recommended 
                under subsection (d)(2)(B); and
                    ``(B) an assessment of the impact of the local 
                school wellness policies in addressing the requirements 
                of subsection (b).
            ``(3) Report.--Not later than January 1, 2014, the 
        Secretary shall submit to the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate and the Committee on 
        Education and Labor of the House of Representatives, a report 
        that describes the findings of the study.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $3,000,000 for fiscal year 2011, to remain available until 
        expended.''.
    (b) Repeal.--Section 204 of the Child Nutrition and WIC 
Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108-265) 
is repealed.

SEC. 206. INFORMATION ON THE SCHOOL WELLNESS ENVIRONMENT.

    Section 9 of the Richard B. Russell School Lunch Act (42 U.S.C. 
1758) is amended by adding at the end the following:
    ``(k) Information on the School Wellness Environment.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Education and the Secretary of Health and Human 
        Services, shall establish requirements for local educational 
        agencies and States participating in the lunch program under 
        this Act to report, on a periodic basis, to the Secretary and 
        the general public, information about the school wellness 
        environment with respect to all schools under the jurisdiction 
        of such agencies and States.
            ``(2) Requirements.--In establishing reporting requirements 
        under paragraph (1), the Secretary shall require each local 
        educational agency described in such paragraph to report on--
                    ``(A) information pertaining to the school 
                nutrition programs, including food safety inspections, 
                local wellness policies, meal program participation, 
                the nutritional quality of program meals, nutrition 
                education, and other information as determined by the 
                Secretary; and
                    ``(B) information pertaining to physical activity 
                and education, including--
                            ``(i) whether all elementary school and 
                        secondary school students enrolled in the 
                        schools under the jurisdiction of such agency 
                        meet age-appropriate physical education 
                        recommendations, consistent with--
                                    ``(I) national guidelines 
                                established by the Centers for Disease 
                                Control and Prevention of the 
                                Department of Health and Human 
                                Services; or
                                    ``(II) the requirements of the 
                                State in which the schools are located;
                            ``(ii) a description of the amount of time 
                        that such students are required to spend in 
                        physical education, disaggregated by grade 
                        level, including information on criteria--
                                    ``(I) for granting students a 
                                waiver or exemption; or
                                    ``(II) allowing a substitution for 
                                the requirement; and
                            ``(iii) any such other information related 
                        to physical activity and education as 
                        determined by the Secretary.
            ``(3) Reporting.--
                    ``(A) Local educational agency.--Each local 
                educational agency described in paragraph (1) shall 
                report to the applicable State and general public, the 
                information described in paragraphs (1) and (2), in 
                accordance with the requirements established by the 
                Secretary under paragraph (4).
                    ``(B) State.--Each State receiving information 
                under subparagraph (A) shall report such information to 
                the Secretary, in accordance with the requirements 
                described in paragraph (4).
                    ``(C) Public access.--The Secretary shall make 
                publicly available the information received from each 
                State under subparagraph (B).
            ``(4) Requirements.--The Secretary shall establish 
        requirements for reporting under subparagraphs (A) and (B) of 
        paragraph (3) that--
                    ``(A) ensure that the information described in 
                paragraph (2) is reported in such way that prevents 
                unnecessary or duplicative reporting by a local 
                educational agency or State; and
                    ``(B) require any information reported to the 
                general public under paragraph (3)(A) to be reported in 
                an accessible, plain-language manner.
            ``(5) Technical assistance.--The Secretary shall provide 
        technical assistance to States and local educational agencies 
        on meeting the requirements of this subsection.''.

SEC. 207. STATE NUTRITION AND WELLNESS PROMOTION.

    Section 5 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1754) is amended to read as follows:

``SEC. 5. NUTRITION AND WELLNESS PROMOTION.

    ``(a) In General.--On October 1, 2010, and each October 1 
thereafter, the Secretary shall make payments for each fiscal year to 
each State agency administering the lunch program under this Act, in 
accordance with subsection (b)(1), to promote nutrition and wellness in 
food service programs under this Act and the school breakfast program 
established under section 4 of the Child Nutrition Act of 1966 (42 
U.S.C. 1773).
    ``(b) State Nutrition Promotion Funding.--
            ``(1) In general.--The Secretary shall provide each State 
        agency described in subsection (a) a payment for each fiscal 
        year in an amount equal to \1/2\ cent per lunch reimbursed 
        through the lunch program under this Act during the second 
        preceding fiscal year in the State, to carry out the nutrition 
        and wellness promotion activities described in paragraph (2).
            ``(2) Uses of funds.--In accordance with guidance provided 
        by the Secretary, a State agency shall use funds received under 
        paragraph (1) to carry out activities that--
                    ``(A) support nutrition education and nutrition 
                promotion, including through materials provided by the 
                Secretary;
                    ``(B) provide technical assistance and guidance 
                to--
                            ``(i) support compliance with the 
                        nutritional requirements for--
                                    ``(I) the school lunch program 
                                under this Act;
                                    ``(II) the school breakfast program 
                                under section 4 of the Child Nutrition 
                                Act of 1966 (42 U.S.C. 1773); and
                                    ``(III) foods sold outside of the 
                                school lunch program and school 
                                breakfast program in accordance with 
                                section 10 of the Child Nutrition Act 
                                of 1966 (42 U.S.C. 1779);
                            ``(ii) encourage healthy eating by children 
                        consistent with the most recent Dietary 
                        Guidelines for Americans published under 
                        section 301 of the National Nutrition 
                        Monitoring and Related Research Act of 1990 (7 
                        U.S.C. 5341);
                            ``(iii) promote student participation in 
                        the school lunch program and the school 
                        breakfast program;
                            ``(iv) promote age-appropriate 
                        opportunities for children to be physically 
                        active; and
                            ``(v) support the development, 
                        implementation, and assessment of local 
                        wellness policies established under section 
                        9(a); and
                    ``(C) provide subgrants to local educational 
                agencies to support activities described under this 
                paragraph based on guidance provided by the Secretary;
                    ``(D) facilitate coordination and information 
                sharing across Federal child nutrition programs in the 
                State;
                    ``(E) coordinate with any team nutrition network 
                activities conducted under section 19 of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1788); and
                    ``(F) such other purposes as determined by the 
                Secretary.
            ``(3) Documentation.--A State agency receiving funds under 
        this section shall maintain documentation of the nutrition and 
        wellness promotion activities carried out under this section.
    ``(c) Reallocation.--The Secretary may reallocate to carry out this 
section, any amount made available to carry out this section that are 
not obligated or expended, as determined by the Secretary.
    ``(d) Report.--Not later than October 1, 2014, the Secretary shall 
submit to the Committee on Education and Labor of the House of 
Representative and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report describing and assessing the school 
nutrition and wellness promotion activities and initiatives carried out 
under this section.
    ``(e) Funding.--There are authorized to be appropriated, and there 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Secretary to carry out this section, such sums as 
may be necessary for fiscal year 2011 and each succeeding fiscal 
year.''.

SEC. 208. ACCESS TO LOCAL FOODS: FARM TO SCHOOL.

    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended--
            (1) by redesignating subsections (h) through (j) as 
        subsections (j) through (l), respectively;
            (2) in subsection (g), by striking ``(g) Access to Local 
        Foods and School Gardens.--'' and all that follows through 
        ``(3) Pilot program for high-poverty schools.--'' and inserting 
        the following:
    ``(g) Access to Local Foods: Farm to School Program.--
            ``(1) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means--
                    ``(A) school or institution that participates in a 
                program under this Act or the school breakfast program 
                established under section 4 of the Child Nutrition Act 
                of 1966 (42 U.S.C. 1773);
                    ``(B) a nonprofit entity that is exempt from tax 
                under section 501(c)(3) of the Internal Revenue Code of 
                1986;
                    ``(C) an Indian tribal organization; and
                    ``(D) an agricultural producers or a group of 
                agricultural producers.
            ``(2) Farm to school grants.--
                    ``(A) In general.--The Secretary shall provide 
                assistance to eligible entities through competitive 
                grants and technical assistance to implement programs 
                that improve access to local foods in eligible schools.
                    ``(B) Farm to school activities.--A grant awarded 
                under this subsection may be used for farm to school 
                activities, including--
                            ``(i) the planning, design, and 
                        establishment of farm to school programs by 
                        linking school and institutional food service 
                        providers, distributors, and agricultural 
                        producers or groups of agricultural producers 
                        for sustainable farm to school programs;
                            ``(ii) the planning, implementation, and 
                        maintenance of school gardens;
                            ``(iii) the acquisition of appropriate 
                        equipment as determined by the Secretary;
                            ``(iv) the provision of training and 
                        education necessary for the planning, 
                        implementation, and maintenance of farm to 
                        school activities; and
                            ``(v) other activities as determined by the 
                        Secretary.
            ``(3) Administration.--
                    ``(A) In general.--The Secretary shall award 
                grants, on a competitive basis, to eligible entities 
                for farm to school activities described under paragraph 
                (2).
                    ``(B) Grant amount.--A grant awarded under this 
                subsection may not exceed $100,000.
                    ``(C) Federal share.--
                            ``(i) In general.--The Federal share of 
                        costs for farm to school activities funded 
                        through a grant awarded under this subsection 
                        shall not exceed 75 percent of the total cost 
                        of the activities.
                            ``(ii) Federal matching.--As a condition of 
                        receiving a grant under this subsection, a 
                        grant recipient shall provide support that is 
                        not less than 25 percent of the total cost of a 
                        farm to school activities funded by the grant 
                        in the form of cash or in-kind contributions, 
                        including facilities, equipment, or services 
                        provided by State and local governments, 
                        nonprofit organizations, and private sources.
                    ``(D) Grant duration.--A grant under this 
                subsection shall be awarded for a period not to exceed 
                2 years.
                    ``(E) Regional balance.--In making awards under 
                this subsection, the Secretary shall, to the maximum 
                extent practicable, ensure--
                            ``(i) geographical diversity; and
                            ``(ii) proportional distribution among 
                        urban, rural, and tribal communities.
                    ``(F) Peer review of applications.--The Secretary 
                shall form review panels consisting of representatives 
                from related public and private agencies or 
                organizations, as determined by the Secretary, to 
                evaluate applications based on criteria for selection 
                described under paragraph (4).
            ``(4) Criteria for selection.--To the maximum extent 
        practicable, in providing assistance under this subsection, the 
        Secretary shall give the highest priority to funding farm to 
        school activities that, as determined by the Secretary--
                    ``(A) make local food products from small and 
                medium-sized farms available on the school menu for the 
                lunch program under this Act or the breakfast program 
                under section 4 of the Child Nutrition Act of 1966 (42 
                U.S.C. 1773);
                    ``(B) serve a high proportion of children who are 
                certified as eligible for free or reduced price 
                lunches;
                    ``(C) incorporate experiential nutrition education 
                activities in curriculum planning that encourage the 
                participation of school children in farm and garden-
                based agricultural education activities;
                    ``(D) demonstrate collaboration among eligible 
                entities;
                    ``(E) include adequate and participatory evaluation 
                plans;
                    ``(F) demonstrate the potential for long-term 
                program sustainability;
                    ``(G) promote the nutritional health of children by 
                making available foods consistent with the goals of the 
                most recent Dietary Guidelines for Americans published 
                under section 301 of the National Nutrition Monitoring 
                and Related Research Act of 1990 (7 U.S.C. 5341); and
                    ``(H) meet any other criteria that the Secretary 
                determines appropriate.
            ``(5) Evaluation.--As a condition of receiving a grant 
        under this subsection, each grant recipient shall agree to 
        cooperate in an evaluation by the Secretary of the program 
        carried out using grant funds.
            ``(6) Technical assistance.--The Secretary shall provide 
        technical assistance and information to assist eligible 
        schools, State and local agencies, Indian tribal organizations, 
        and nonprofit entities--
                    ``(A) to facilitate the coordination and sharing of 
                information and resources in the Department that may be 
                applicable to the farm to school program;
                    ``(B) to collect and share information on best 
                practices; and
                    ``(C) to disseminate research and data on existing 
                farm to school programs and the potential for programs 
                in underserved areas.
            ``(7) Reporting.--No later than 4 years after enactment of 
        this section, the Secretary shall submit to the Committee on 
        Education and Labor of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry of the Senate 
        a report describing the farm to school projects funded under 
        this section and the results of the evaluation conducted under 
        paragraph (6).
            ``(8) Funding.--
                    ``(A) In general.--On October 1, 2010, through 
                October 1, 2014, out of any funds in the Treasury not 
                otherwise appropriated, the Secretary of the Treasury 
                shall transfer to the Secretary to carry out this 
                subsection $10,000,000, to remain available until 
                expended.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this subsection the funds transferred under 
                subparagraph (A), without further appropriation.
            ``(9) Authorization of appropriations.--In addition to the 
        amounts made available under paragraph (8), there are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 2011 through 
        2015.
    ``(h) Pilot Program for High-Poverty Schools.--
            ``(1) In general.--'';
            (3) in subsection (h) (as redesignated by paragraph (2))--
                    (A) in subparagraph (F) of paragraph (1) (as so 
                redesignated), by striking ``in accordance with 
                paragraph (1)(H)'' and inserting ``carried out by the 
                Secretary''; and
                    (B) by redesignating paragraph (4) as paragraph 
                (2); and
            (4) by inserting after subsection (h), the following:
    ``(i) Information Exchange.--
            ``(1) In general.--Not later than 2 years after the date of 
        the enactment of this paragraph, the Secretary shall provide 
        the information described in paragraph (2) to assist schools, 
        institutions, and other farm-to-school stakeholders in 
        increasing students' access to local foods through farm-to-
        school activities, which shall be--
                    ``(A) publicly accessible through the Internet; and
                    ``(B) updated as appropriate to ensure the 
                information is current.
            ``(2) Content.--The information provided by the Secretary 
        under paragraph (1) shall, at a minimum, include--
                    ``(A) an inventory of all the farm-to-school 
                projects funded under subsection (g);
                    ``(B) an inventory of existing farm-to-school 
                activities, including the activities described in 
                subsection (g), in the United States; and
                    ``(C) best practices of farm-to-school activities 
                in schools and institutions participating in programs 
                under this Act, as determined by the Secretary.
            ``(3) Funding.--
                    ``(A) In general.--Out of funds in the Treasury not 
                otherwise appropriated, the Secretary of the Treasury 
                shall transfer to the Secretary to carry out this 
                subsection--
                            ``(i) on October 1, 2010, $200,000; and
                            ``(ii) on October 1, 2011, October 1, 2012, 
                        and October 1, 2013, $100,000.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this subsection the funds transferred under 
                subparagraph (A), without further appropriation.''.

             Subtitle B--Child and Adult Care Food Program

SEC. 221. NUTRITION AND WELLNESS GOALS FOR MEALS SERVED THROUGH THE 
              CHILD AND ADULT CARE FOOD PROGRAM.

    Section 17 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1766) is amended--
            (1) in subsection (a), by striking ``(a) Grant Authority'' 
        and all that follows through the end of paragraph (1) and 
        inserting the following:
    ``(a) Program Purpose, Grant Authority and Institution 
Eligibility.--
            ``(1) In general.--
                    ``(A) Program purpose.--The purpose of the program 
                authorized by this section is to provide aid to child 
                and adult care institutions for the provision of 
                nutritious foods that contribute to the wellness, 
                healthy growth, and development of young children, and 
                the health and wellness of older adults and chronically 
                impaired disabled persons.
                    ``(B) Grant authority.--The Secretary shall carry 
                out a program to assist States through grants-in-aid 
                and other means to initiate and maintain nonprofit food 
                service programs for children in institutions providing 
                child care.'';
            (2) by striking subsection (g) and inserting the following:
    ``(g) Nutritional Requirements for Meals and Supplements Served in 
Institutions and Family or Group Day Care Homes.--
            ``(1) Definition of dietary guidelines.--In this 
        subsection, the term Dietary Guidelines means the Dietary 
        Guidelines for Americans published under section 301 of the 
        National Nutrition Monitoring and Related Research Act of 1990 
        (7 U.S.C. 5341).
            ``(2) Nutritional requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), reimbursable meals and supplements 
                served by institutions, family or group day care homes, 
                and sponsored centers participating in the program 
                under this section shall consist of a combination of 
                foods that meet nutritional requirements prescribed by 
                the Secretary on the basis of tested nutritional 
                research.
                    ``(B) Conformity with the dietary guidelines and 
                authoritative science.--
                            ``(i) In general.--Not less frequently than 
                        once every 10 years, the Secretary shall review 
                        and, as appropriate, update nutritional 
                        requirements for meals and supplements served 
                        under the program under this section to ensure 
                        that the meals and supplements--
                                    ``(I) are consistent with the goals 
                                of the most recent Dietary Guidelines; 
                                and
                                    ``(II) promote the health of the 
                                population served by the program 
                                authorized under this section, as 
                                indicated by appropriate authoritative 
                                scientific agency and organization 
                                recommendations.
                            ``(ii) Cost review.--The review required 
                        under clause (i) shall include a review of the 
                        cost to institutions, family or group day care 
                        homes, and sponsored centers, resulting from 
                        updated requirements for meals and supplements 
                        served under the program under this section.
                            ``(iii) Regulations.--
                                    ``(I) Proposed rule.--Not later 
                                than 18 months after the completion of 
                                the review of the nutritional 
                                requirements under clause (i), the 
                                Secretary shall promulgate proposed 
                                regulations to update the nutritional 
                                requirements for meals and supplements 
                                served under the program under this 
                                section.
                                    ``(II) Consideration.--The 
                                Secretary shall demonstrate 
                                consideration for the financial and 
                                administrative impact to institutions, 
                                family or group day care homes, and 
                                sponsored centers resulting from any 
                                proposed changes to the nutritional 
                                requirements for meals and supplements 
                                in the regulations described under 
                                subclause (I).
                    ``(C) Exceptions.--
                            ``(i) Special dietary needs.--The minimum 
                        nutritional requirements prescribed under 
                        subparagraph (A) shall not prohibit 
                        institutions, family or group day care homes, 
                        and sponsored centers from substituting foods 
                        to accommodate the medical or other special 
                        dietary needs of individual participants.
                            ``(ii) Exempt institutions.--The Secretary 
                        may elect to waive all or part of the 
                        requirements of this subsection for emergency 
                        shelters participating in the program under 
                        this section.
            ``(3) Meal service.--Institutions, family or group day care 
        homes, and sponsored centers shall ensure that reimbursable 
        meal service is not used as a punishment or reward.
            ``(4) Fluid milk.--
                    ``(A) In general.--If an institution, family or 
                group day care home, or sponsored center provides fluid 
                milk as part of a reimbursable meal or supplement, the 
                institution, family or group day care home, or 
                sponsored center shall provide the milk in accordance 
                with the most recent version of the Dietary Guidelines 
                and appropriate authoritative scientific 
                recommendations for young children.
                    ``(B) Milk substitutes.--In the case of children 
                who cannot consume fluid milk due to medical or other 
                special dietary needs other than a disability, an 
                institution, family or group day care home, or 
                sponsored center may substitute for the fluid milk 
                required in meals served, a nondairy beverage that--
                            ``(i) is nutritionally equivalent to fluid 
                        milk; and
                            ``(ii) meets nutritional standards 
                        established by the Secretary, including, among 
                        other requirements established by the 
                        Secretary, fortification of calcium, protein, 
                        vitamin A, and vitamin D to levels found in 
                        cow's milk.
                    ``(C) Approval.--
                            ``(i) In general.--A substitution 
                        authorized under subparagraph (B) may be made--
                                    ``(I) at the discretion of and on 
                                approval by the participating 
                                institution, family or group day care 
                                home, or sponsored center; and
                                    ``(II) if the substitution is 
                                requested by a medical authority, or by 
                                the parent or legal guardian of the 
                                child.
                            ``(ii) Exception.--An institution, family 
                        or group day care home, or sponsored center 
                        that elects to make a substitution authorized 
                        under this paragraph shall not provide 
                        beverages other than beverages the State has 
                        identified as acceptable substitutes.
                    ``(D) Excess expenses borne by institution.--A 
                participating institution, family or group day care 
                home, or sponsored center shall be responsible for any 
                expenses that--
                            ``(i) are incurred by the institution, 
                        family or group day care home, or sponsored 
                        center to provide substitutions under this 
                        paragraph; and
                            ``(ii) are in excess of expenses covered 
                        under reimbursements under this Act.
            ``(5) Nondiscrimination policy.--No physical segregation or 
        other discrimination against any person shall be made because 
        of the inability of the person to pay, nor shall there be any 
        overt identification of any such person by special tokens or 
        tickets, different meals or meal service, announced or 
        published lists of names, or other means.
            ``(6) Use of abundant and donated foods.--To the maximum 
        extent practicable, each institution shall use in its food 
        service foods that are--
                    ``(A) designated from time to time by the Secretary 
                as being in abundance, either nationally or in the food 
                service area; or
                    ``(B) donated by the Secretary;
            ``(7) Water.--Participating institutions, family or group 
        day care homes, and sponsored centers shall make available to 
        persons, free of charge and as nutritionally appropriate, 
        potable water throughout the day, including at meal times.''; 
        and
            (3) by adding at the end the following:
    ``(u) Promoting Health and Wellness in Child Care.--
            ``(1) In general.--The Secretary shall assist participating 
        institutions, family or group day care homes, and sponsored 
        centers through technical assistance, guidance, and competitive 
        grants for the purpose of promoting the health and nutrition of 
        children in child care settings.
            ``(2) Technical assistance, guidance, and recognition.--
                    ``(A) Nutrition.--The Secretary shall provide 
                technical assistance and guidance to institutions, 
                family or group day care homes, and sponsored centers, 
                participating in the program under this section to 
                support compliance with the nutrition requirements 
                described in subsection (g), which shall include 
                technical assistance and guidance with respect to--
                            ``(i) menu planning;
                            ``(ii) interpretation of nutrition 
                        information; and
                            ``(iii) food preparation and purchasing 
                        guidance to produce meals and supplements 
                        that--
                                    ``(I) are consistent with the goals 
                                of the most recent Dietary Guidelines 
                                for Americans published under section 
                                301 of the National Nutrition 
                                Monitoring and Related Research Act of 
                                1990 (7 U.S.C. 5341) (in this 
                                subsection referred to as the `Dietary 
                                Guidelines'); and
                                    ``(II) promote the health of the 
                                population served by the program under 
                                this section, as recommended by 
                                authoritative scientific organizations; 
                                and
                            ``(iv) other activities related to 
                        compliance with the nutrition requirements 
                        under subsection (g), as determined by the 
                        Secretary.
                    ``(B) Wellness promotion.--Not later than January 
                1, 2012, in consultation with the Secretary of Health 
                and Human Services, the Secretary shall provide 
                technical assistance and guidance to assist State 
                agencies and institutions, family and group day care 
                homes, and sponsored centers, participating in the 
                program under this section to--
                            ``(i) promote access to foods that are 
                        recommended for consumption by the most recent 
                        Dietary Guidelines;
                            ``(ii) encourage opportunities for age-
                        appropriate physical activity and physical 
                        development in quantities and at levels 
                        recommended by the most recent Dietary 
                        Guidelines and the Secretary of Health and 
                        Human Services with--
                                    ``(I) information on the importance 
                                of regular age-appropriate physical 
                                activity for health and well-being 
                                based on authoritative scientific 
                                recommendations; and
                                    ``(II) best practices for the 
                                implementation of such recommendations 
                                for physical activity in child care 
                                settings;
                            ``(iii) encourage adherence to age-
                        appropriate electronic media use by children 
                        based on authoritative scientific 
                        recommendation with--
                                    ``(I) information on the importance 
                                of age-appropriate use, including 
                                limitations, of electronic media; and
                                    ``(II) best practices for 
                                implementation of such recommendations 
                                in child care settings;
                            ``(iv) encourage the engagement of parents 
                        in nutrition and wellness initiatives for 
                        children; and
                            ``(v) promote other nutrition and wellness 
                        initiatives, as determined by the Secretary.
                    ``(C) Recognition.--The Secretary, in consultation 
                with the Secretary of Health and Human Services, shall 
                establish a program to recognize State agencies, 
                institutions, family or group day care homes, and 
                sponsored centers participating in the program under 
                this section that demonstrate a comprehensive and 
                innovative approach to promoting nutrition and wellness 
                in child care settings by--
                            ``(i) providing healthful and 
                        developmentally appropriate meals and 
                        supplements consistent with the nutrition 
                        requirements of the program under this section;
                            ``(ii) providing regular opportunities for 
                        developmentally appropriate physical activity;
                            ``(iii) adhering to developmentally 
                        appropriate guidelines for use of electronic 
                        media;
                            ``(iv) engaging parents in nutrition and 
                        wellness initiatives for children; and
                            ``(v) other nutrition and wellness 
                        initiatives, as determined by the Secretary.
                    ``(D) Funding.--
                            ``(i) In general.--On October 1, 2010, out 
                        of any funds in the Treasury not otherwise 
                        appropriated, the Secretary of the Treasury 
                        shall transfer to the Secretary to carry out 
                        this paragraph $10,000,000, to remain available 
                        until expended.
                            ``(ii) Receipt and acceptance.--The 
                        Secretary shall be entitled to receive, shall 
                        accept, and shall use to carry out this 
                        subsection the funds transferred under clause 
                        (i), without further appropriation.
            ``(3) Competitive grants.--
                    ``(A) Grants to state agencies.--From the funds 
                made available under subparagraph (G), the Secretary 
                shall award grants, on a competitive basis, to State 
                agencies participating in the program under this 
                section for the purpose of promoting health and 
                nutrition in child care settings.
                    ``(B) Priority.--In awarding grants under this 
                paragraph, the Secretary shall give priority to State 
                agencies administering projects under the program that 
                carry out each of the authorized uses of funds 
                described in subparagraph (C)(ii).
                    ``(C) Uses of funds.--
                            ``(i) Required uses.--A State agency 
                        receiving a grant under this paragraph shall 
                        use not less than 50 percent of such grant 
                        funds to award subgrants to institutions, 
                        including sponsoring organizations, for the 
                        purpose of carrying out the activities 
                        described in clause (ii).
                            ``(ii) Authorized uses.--In addition to 
                        such other activities as the Secretary 
                        determines to be appropriate, State agencies 
                        and institutions may use funds received under 
                        this paragraph for activities that--
                                    ``(I) promote nutrition and 
                                physical activity in child care 
                                settings that reflect the 
                                recommendations of--
                                            ``(aa) the most recent 
                                        version of the Dietary 
                                        Guidelines for Americans 
                                        published under section 301 of 
                                        the National Nutrition 
                                        Monitoring and Related Research 
                                        Act of 1990 (7 U.S.C. 5341); 
                                        and
                                            ``(bb) authoritative 
                                        scientific recommendations;
                                    ``(II) provide technical assistance 
                                and training to sponsors and providers 
                                of child care centers and family or 
                                group day care homes in implementing 
                                State or local initiatives designed to 
                                improve the health and nutrition of 
                                children in child care settings;
                                    ``(III) perform outreach campaigns 
                                on the State or local level that are 
                                designed to increase access to the 
                                program in underserved areas and 
                                populations, including subsidized child 
                                care providers; and
                                    ``(IV) make innovative use of 
                                technology to provide training and 
                                education to promote the nutrition, 
                                physical activity, and health of 
                                children.
                    ``(D) Application.--To be eligible to receive a 
                grant under this paragraph, a State agency shall submit 
                an application to the Secretary at such time, in such 
                manner, and containing such information as the 
                Secretary may require, which shall include--
                            ``(i) a plan to promote child care settings 
                        that encourage healthful behaviors, including 
                        improvements to the quality of meals and 
                        supplements provided in institutions, family or 
                        group day care homes, and sponsored centers; 
                        and
                            ``(ii) a description of--
                                    ``(I) the procedures by which the 
                                State agency will use the grant to 
                                award subgrants to institutions; and
                                    ``(II) the criteria that the State 
                                agency will use in awarding such 
                                subgrants.
                    ``(E) Reporting.--Any State agency receiving a 
                grant under this paragraph shall submit a report to the 
                Secretary at such time, in such manner, and containing 
                such information as the Secretary may require that, at 
                a minimum, shall include--
                            ``(i) a description of the activities 
                        supported with funds under this paragraph;
                            ``(ii) the progress of implementing the 
                        activities; and
                            ``(iii) the outcome of the activities.
                    ``(F) Best practices.--The Secretary shall provide 
                to State agencies and institutions best practices for 
                implementing effective nutrition and wellness 
                initiatives, including best practices for implementing 
                the activities supported with funds under this 
                paragraph.
                    ``(G) Funding.--
                            ``(i) In general.--On October 1, 2010, out 
                        of any funds in the Treasury not otherwise 
                        appropriated, the Secretary of the Treasury 
                        shall transfer to the Secretary to carry out 
                        this paragraph $25,000,000 to remain available 
                        until expended to carry out this paragraph to 
                        remain available until expended.
                            ``(ii) Receipt and acceptance.--The 
                        Secretary shall be entitled to receive, shall 
                        accept, and shall use to carry out this 
                        paragraph the funds transferred under clause 
                        (i) without further appropriation.
            ``(4) Additional information.--The Secretary, in 
        consultation with the Secretary of Health and Human Services, 
        shall make available information to State agencies and 
        institutions, family and group day care homes, and sponsored 
        centers participating in the program under this section on 
        common food-related choking hazards and avoiding food choking 
        by young children.''.

SEC. 222. STUDY ON NUTRITION AND WELLNESS QUALITY OF CHILD CARE 
              SETTINGS.

    (a) In General.--Not less than 3 years after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Health and Human Services, shall enter into a contract for the conduct 
of a nationally representative study of child care centers and family 
or group day care homes that includes an assessment of--
            (1) the nutritional quality of all foods provided to 
        children in child care settings as compared to the 
        recommendations in the most recent Dietary Guidelines for 
        Americans published under section 301 of the National Nutrition 
        Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);
            (2) the quantity and type of opportunities for physical 
        activity provided to children in child care settings;
            (3) the quantity of time spent by children in child care 
        settings in sedentary activities;
            (4) an assessment of barriers and facilitators to--
                    (A) providing foods to children in child care 
                settings that meet the recommendations of the most 
                recent Dietary Guidelines for Americans published under 
                section 301 of the National Nutrition Monitoring and 
                Related Research Act of 1990 (7 U.S.C. 5341);
                    (B) providing the appropriate quantity and type of 
                opportunities of physical activity for children in 
                child care settings; and
                    (C) participation by institutions, family or group 
                day care homes, and sponsored centers under the child 
                and adult care food program established under section 
                17 of the Richard B. Russell National School Lunch Act 
                (42 U.S.C. 1766); and
            (5) such other assessment measures as the Secretary may 
        determine to be necessary.
    (b) Report to Congress.--The Secretary shall submit to the 
Committee on Education and Labor of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of the Senate, a 
report that includes a detailed description of the results of the study 
conducted under subsection (a).
    (c) Funding.--
            (1) In general.--On October 1, 2010, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        section $5,000,000, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation.

Subtitle C--Special Supplemental Nutrition Program for Women, Infants, 
                              and Children

SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PROGRAM.

    Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is 
amended--
            (1) in subsection (a), in the second sentence, by striking 
        ``supplemental foods and nutrition education through any 
        eligible local agency'' and inserting ``supplemental foods and 
        nutrition education, including breastfeeding promotion and 
        support, through any eligible local agency'';
            (2) in subsection (b)(4), by inserting ``breastfeeding 
        support and promotion,'' after ``nutrition education,'';
            (3) in subsection (c)(1), in the first sentence, by 
        striking ``supplemental foods and nutrition education to'' and 
        inserting ``supplemental foods, nutrition education, and 
        breastfeeding support and promotion to'';
            (4) in subsection (e)(2), in the second sentence, by 
        inserting ``, including breastfeeding support and education,'' 
        after ``nutrition education'';
            (5) in subsection (f)(6)(B), in the first sentence, by 
        inserting ``and breastfeeding'' after ``nutrition education'';
            (6) in subsection (h)--
                    (A) in paragraph (4)--
                            (i) by striking ``(4) The Secretary'' and 
                        all that follows through ``(A) in 
                        consultation'' and inserting the following:
            ``(4) Requirements.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) in consultation'';
                            (ii) by redesignating subparagraphs (B) 
                        through (F) as clauses (ii) through (vi), 
                        respectively, and indenting appropriately;
                            (iii) in clause (v) (as so redesignated), 
                        by striking ``and'' at the end;
                            (iv) in clause (vi) (as so redesignated), 
                        by striking ``2010 initiative.'' and inserting 
                        ``initiative; and''; and
                            (v) by adding at the end the following:
                            ``(vii) annually compile and publish 
                        breastfeeding performance measurements based on 
                        program participant data on the number of 
                        partially and fully breast-fed infants, 
                        including breastfeeding performance 
                        measurements for--
                                    ``(I) each State agency; and
                                    ``(II) each local agency;
                            ``(viii) in accordance with subparagraph 
                        (B), implement a program to recognize exemplary 
                        breastfeeding support practices at local 
                        agencies or clinics participating in the 
                        special supplemental nutrition program 
                        established under this section; and
                            ``(ix) in accordance with subparagraph (C), 
                        implement a program to provide performance 
                        bonuses to State agencies.
                    ``(B) Exemplary breastfeeding support practices.--
                            ``(i) In general.--In evaluating exemplary 
                        practices under subparagraph (A)(viii), the 
                        Secretary shall consider--
                                    ``(I) performance measurements of 
                                breastfeeding;
                                    ``(II) the effectiveness of a peer 
                                counselor program;
                                    ``(III) the extent to which the 
                                agency or clinic has partnered with 
                                other entities to build a supportive 
                                breastfeeding environment for women 
                                participating in the program; and
                                    ``(IV) such other criteria as the 
                                Secretary considers appropriate after 
                                consultation with State and local 
                                program agencies.
                            ``(ii) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out the activities described in clause (viii) 
                        of subparagraph (A) such sums as are necessary.
                    ``(C) Performance bonuses.--
                            ``(i) In general.--Following the 
                        publication of breastfeeding performance 
                        measurements under subparagraph (A)(vii), the 
                        Secretary shall provide performance bonus 
                        payments to not more than 20 State agencies 
                        that demonstrate, as compared to other State 
                        agencies participating in the program--
                                    ``(I) the highest proportion of 
                                breast-fed infants; or
                                    ``(II) the greatest improvement in 
                                proportion of breast-fed infants.
                            ``(ii) Consideration.--In providing 
                        performance bonus payments to State agencies 
                        under this subparagraph, the Secretary shall 
                        consider the proportion of fully breast-fed 
                        infants in the States.
                            ``(iii) Use of funds.--A State agency that 
                        receives a performance bonus under clause (i)--
                                    ``(I) shall treat the funds as 
                                program income; and
                                    ``(II) may transfer the funds to 
                                local agencies for use in carrying out 
                                the program.
                            ``(iv) Implementation.--The Secretary shall 
                        provide the first performance bonuses not later 
                        than 1 year after the date of enactment of this 
                        clause and may subsequently revise the criteria 
                        for awarding performance bonuses; and''; and
                    (B) by striking paragraph (10) and inserting the 
                following:
            ``(10) Funds for infrastructure, management information 
        systems, and special nutrition education.--
                    ``(A) In general.--For each of fiscal years 2010 
                through 2015, the Secretary shall use for the purposes 
                specified in subparagraph (B) $139,000,000 (as adjusted 
                annually for inflation by the same factor used to 
                determine the national average per participant grant 
                for nutrition services and administration for the 
                fiscal year under paragraph (1)(B)).
                    ``(B) Purposes.--Subject to subparagraph (C), of 
                the amount made available under subparagraph (A) for a 
                fiscal year--
                            ``(i) $14,000,000 shall be used for--
                                    ``(I) infrastructure for the 
                                program under this section;
                                    ``(II) special projects to promote 
                                breastfeeding, including projects to 
                                assess the effectiveness of particular 
                                breastfeeding promotion strategies; and
                                    ``(III) special State projects of 
                                regional or national significance to 
                                improve the services of the program;
                            ``(ii) $35,000,000 shall be used to 
                        establish, improve, or administer management 
                        information systems for the program, including 
                        changes necessary to meet new legislative or 
                        regulatory requirements of the program, of 
                        which up to $5,000,000 may be used for Federal 
                        administrative costs for this section; and
                            ``(iii) $90,000,000 shall be used for 
                        special nutrition education (such as 
                        breastfeeding peer counselors and other related 
                        activities), of which not more than $10,000,000 
                        of any funding provided in excess of 
                        $50,000,000 shall be used to make performance 
                        bonus payments under paragraph (4)(C).
                    ``(C) Adjustment.--Each of the amounts referred to 
                in clauses (i), (ii), and (iii) of subparagraph (B) 
                shall be adjusted annually for inflation by the same 
                factor used to determine the national average per 
                participant grant for nutrition services and 
                administration for the fiscal year under paragraph 
                (1)(B).
                    ``(D) Proportional distribution.--The Secretary 
                shall distribute funds made available under 
                subparagraph (A) in accordance with the proportional 
                distribution described in subparagraphs (B) and (C).''; 
                and
            (7) in subsection (j), by striking ``supplemental foods and 
        nutrition education'' each place it appears in paragraphs (1) 
        and (2) and inserting ``supplemental foods, nutrition 
        education, and breastfeeding support and promotion''.

SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS.

    Section 17(f)(11)(D) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(f)(11)(D)) is amended in the matter preceding clause (i) by 
inserting ``but not less than every 10 years,'' after ``scientific 
knowledge,''.

                       Subtitle D--Miscellaneous

SEC. 242. PROCUREMENT TECHNICAL ASSISTANCE AND GUIDANCE.

    Subsection (m) of section 12 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1760(m)) is amended to read as follows:
    ``(m) Procurement.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance, guidance, and training to State agencies, local 
        educational agencies, and school food authorities for the 
        procurement of goods and services for programs under this Act 
        and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
        (other than section 17 of that Act (42 U.S.C. 1786)).
            ``(2) Buy american training.--Activities carried out under 
        paragraph (1) shall include technical assistance and training 
        to ensure compliance with subsection (n).
            ``(3) Food procurement.--
                    ``(A) Survey of food product information.--
                            ``(i) In general.--The Secretary shall 
                        assess the availability and quality of food 
                        product information available to school food 
                        authorities for foods most commonly offered in 
                        the school nutrition programs under this Act 
                        and the Child Nutrition Act of 1966 (42 U.S.C. 
                        1771 et seq.), including commodity foods, 
                        commercial foods, and foods procured directly 
                        from a farm.
                            ``(ii) Scope.--The scope of the assessment 
                        should survey what type of food product 
                        information school food authorities have access 
                        to including--
                                    ``(I) nutritional information;
                                    ``(II) information on the food 
                                safety standards that a food product 
                                has met throughout production and 
                                processing; and
                                    ``(III) any other food product 
                                information as determined by the 
                                Secretary.
                            ``(iii) Procurement specifications.--As 
                        part of the survey under this subparagraph, the 
                        Secretary shall collect best practices and 
                        models for food product specifications, 
                        including nutrition and food safety 
                        specifications, for foods (by type) used in the 
                        school nutrition programs.
                            ``(iv) Report.--Not later than 2 year after 
                        the date of the enactment of the Improving 
                        Nutrition for America's Children Act, the 
                        Secretary shall submit to the Committee on 
                        Education and Labor of the House of 
                        Representatives and the Committee on 
                        Agriculture, Nutrition and Forestry of the 
                        Senate a report on the results of the 
                        assessment and include such legislative 
                        recommendations as the Secretary considers 
                        necessary to ensure that school food 
                        authorities have access to food product 
                        information needed for compliance with the 
                        requirements for the school nutrition programs 
                        under this Act and the Child Nutrition Act of 
                        1966 (42 U.S.C. 1771 et seq.).
                    ``(B) Model procurement specifications.--Not later 
                than 1 year after the completion of the survey under 
                subparagraph (A), the Secretary shall make available to 
                State agencies and school food authorities model 
                product specifications for foods most commonly offered 
                in school nutrition programs under this Act and the 
                Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
                that--
                            ``(i) reflect the goals of the most recent 
                        Dietary Guidelines for Americans published 
                        under section 301 of the National Nutrition 
                        Monitoring and Related Research Act of 1990 (7 
                        U.S.C. 5341);
                            ``(ii) encourage the use of foods 
                        recommended by the most recent Dietary 
                        Guidelines for Americans, including fruits, 
                        vegetables, fat-free and reduced fat dairy 
                        products, and whole grains;
                            ``(iii) reflect best practices for safe 
                        production, handling, and processing of foods 
                        as determined by the Secretary; and
                            ``(iv) any other specifications as 
                        determined by the Secretary.
            ``(4) Foodservice management procurement.--Activities 
        carried out under paragraph (1) shall include model contract 
        specifications and practices for procuring school food services 
        for the provision of meals in compliance with the requirements 
        for administering the school nutrition programs under this Act 
        and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
            ``(5) Funding.--
                    ``(A) Mandatory funding.--On October 1, 2010, out 
                of any moneys in the Treasury not otherwise 
                appropriated, the Secretary of the Treasury shall 
                provide to the Secretary to carry out this subsection 
                $4,000,000 to remain available until expended. The 
                Secretary shall be entitled to receive the funds and 
                shall accept the funds, without further appropriation.
                    ``(B) Authorization of appropriations.--In addition 
                to the amounts made available under subparagraph (A), 
                there are authorized to be appropriated to carry out 
                this subsection such sums as are necessary for each of 
                fiscal years 2011 through 2015.''.

SEC. 243. RESEARCH ON STRATEGIES TO PROMOTE HEALTHY EATING.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Health and Human Services and the Secretary of Education, shall 
establish a research, demonstration, and technical assistance program 
to promote healthy eating and prevent and reduce the prevalence of 
obesity by applying the principles and insights of behavioral economics 
research in schools, child care programs, and other settings.
    (b) Priorities.--In carry out the program under subsection (a), the 
Secretary shall--
            (1) identify and assess the impacts of specific 
        presentation, placement, and other strategies for structuring 
        choices on selection and consumption of healthful foods in a 
        variety of settings, consistent with the most recent version of 
        the Dietary Guidelines for Americans published under section 
        301 of the National Nutrition Monitoring and Related Research 
        Act of 1990 (7 U.S.C. 5341);
            (2) demonstrate and rigorously evaluate behavioral 
        economics-related interventions that hold promise to improve 
        diets and promote health, including through demonstration 
        projects that may include evaluation of the use of portion 
        size, labeling, convenience, and other strategies to encourage 
        healthy choices; and
            (3) encourage adoption of the most effective strategies 
        through outreach and technical assistance.
    (c) Authority.--In carrying out the program under subsection (a), 
the Secretary may--
            (1) enter into competitively awarded contracts or 
        cooperative agreements; or
            (2) provide grants to States or public or private agencies 
        or organizations, as determined by the Secretary.
    (d) Application.--To be eligible to enter into a contract or 
cooperative agreement or receive a grant under this section, a State or 
public or private agency or organization shall submit to the Secretary 
an application at such time, in such manner, and containing such 
information as the Secretary may require.
    (e) Coordination.--The solicitation and evaluation of contracts, 
cooperative agreements, and grant proposals considered under this 
section shall be coordinated with the Food and Nutrition Service as 
appropriate to ensure that funded projects are consistent with the 
operations of Federally supported nutrition assistance programs and 
related laws (including regulations).
    (f) Annual Reports.--Not later than 90 days after the end of each 
fiscal year, the Secretary shall submit to the Committee on Education 
and Labor of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report that 
includes a description of--
            (1) the policies, priorities, and activities of the program 
        carried out by the Secretary under this section during the 
        fiscal year;
            (2) the results of any evaluations completed during the 
        fiscal year; and
            (3) the efforts undertaken to disseminate successful 
        practices through outreach and technical assistance.
    (g) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section such sums as are necessary for each of 
        fiscal years 2011 through 2015.
            (2) Use of funds.--The Secretary may use up to 5 percent of 
        the funds made available under paragraph (1) for Federal 
        administrative expenses incurred in carrying out this section.

SEC. 244. FOOD MARKETING STUDY.

    (a) Study and Report on Food Marketing.--From the amounts 
appropriated under subsection (f), the Secretary, in consultation with 
the Secretary of Education and the Secretary of Health and Human 
Services, shall conduct a study on the extent and types of marketing of 
foods and beverages in elementary and secondary schools. In carrying 
out the study, the Secretary shall collaborate with, and include 
information from, the Division of Adolescent and School Health of the 
Centers for Disease Control and Prevention.
    (b) Assessment of Nutrition.--The study conducted under subsection 
(a) shall assess the nutritional quality of the types of foods and 
beverages marketed in schools.
    (c) Assessment of Media.--The study conducted subsection (a) shall 
assess all media through which foods and beverages are marketed to 
children in elementary and secondary schools, including--
            (1) brand and product logos, names, or information on 
        educational materials, book covers, school supplies, posters, 
        vending machine exteriors, scoreboards, displays, signs, 
        equipment, buses, buildings, and other school property;
            (2) educational and other incentive programs;
            (3) label redemption programs;
            (4) in-school television, radio, and print publications;
            (5) free samples and coupons;
            (6) branded fundraising activities;
            (7) taste-testing and other market research activities; and
            (8) incidental exposure to food and beverage marketing 
        through computer use, including computer banner and wallpaper 
        ads, or podcasts in schools.
    (d) Examination of Regulatory Mechanisms.--The study conducted 
subsection (a) shall also examine mechanisms regulating marketing in 
elementary and secondary schools, including--
            (1) Federal, State, and local policies;
            (2) contracts; and
            (3) sales incentives.
    (e) Report.--Not later than 1 year after the completion of the 
study conducted under subsection (a), the Secretary shall submit to 
Congress a report on the results of the study required by subsection 
(a).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 to carry out this section.

SEC. 245. NATIONAL SCHOOL LUNCH PROGRAM EQUIPMENT ASSISTANCE GRANTS.

    (a) In General.--From the funds made available under subsection 
(e), the Secretary shall make payments to State educational agencies to 
award grants to school food authorities for the purchase of equipment 
for schools under the jurisdiction of such authorities.
    (b) Allocation and Reallocation.--
            (1) Allocation.--Payments under subsection (a) shall be 
        allocated to State educational agencies in a manner 
        proportional with each agency's administrative expense 
        allocation under section 7(a)(2) of the Child Nutrition Act of 
        1966 (42 U.S.C. 1776(a)(2)).
            (2) Reallocation.--If a State educational agency does not 
        accept or use the amounts made available under its allocation 
        in accordance with this section, the Secretary shall reallocate 
        such amounts to other State educational agencies, as the 
        Secretary determines necessary.
    (c) Grants to School Food Authorities.--
            (1) In general.--Not later than 180 days after receiving an 
        allocation under subsection (a), a State educational agency 
        shall award grants, on a competitive basis, to school food 
        authorities.
            (2) Application.--To qualify to receive a grant under this 
        section, a school food authority shall--
                    (A) submit an application to a State educational 
                agency at such time, in such manner, and containing 
                such information as the State educational agency may 
                require; or
                    (B) have submitted an application to receive 
                equipment assistance under the grant program carried 
                out under--
                            (i) the heading ``Food and Nutrition 
                        Service Child Nutrition Programs'' in title I 
                        of division A of the American Recovery and 
                        Reinvestment Act of 2009 (Public Law 111-5); or
                            (ii) section 748(j) of the Agriculture, 
                        Rural Development, Food and Drug 
                        administration, and Related Agencies 
                        Appropriations Act, 2010 (Public Law 111-80; 
                        123 Stat. 2134).
            (3) Priority.--In awarding grants to school food 
        authorities, a State shall give priority to school food 
        authorities whose application demonstrate that in providing 
        equipment assistance to schools with funds received under this 
        section, such authorities will give priority to schools--
                    (A) in which not less than 50 percent of the 
                enrolled students are eligible for free or reduced 
                price meals under the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.); and
                    (B) that did not benefit from equipment assistance 
                under the grant program carried out under--
                            (i) the heading ``Food and Nutrition 
                        Service Child Nutrition Programs'' in title I 
                        of division A of the American Recovery and 
                        Reinvestment Act of 2009 (Public Law 111-5; 123 
                        Stat. 119); or
                            (ii) section 748(j) of the Agriculture, 
                        Rural Development, Food and Drug 
                        administration, and Related Agencies 
                        Appropriations Act, 2010 (Public Law 111-80; 
                        123 Stat. 2134).
            (4) Uses of funds.--Under the terms and conditions 
        established by the Secretary, a school food authority receiving 
        a grant under this section shall use such funds to purchase 
        equipment for schools under the jurisdiction of the school food 
        authority--
                    (A) to improve the quality of food served under the 
                school nutrition programs established under the Richard 
                B. Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 
                1771 et seq.), consistent with the goals of the most 
                recent Dietary Guidelines for Americans published under 
                section 301 of the National Nutrition Monitoring and 
                Related Research Act of 1990 (7 U.S.C. 5341);
                    (B) to improve the safety of food served under the 
                school meal programs;
                    (C) to improve the overall energy efficiency of 
                school foodservice operations; or
                    (D) for other purposes as established by the 
                Secretary.
    (d) Administrative Costs.--A State educational agency receiving an 
allocation under this section may not use more than 5 percent of such 
allocation for administrative costs associated with awarding grants to 
eligible school food authorities in accordance with this section.
    (e) Funding.--There are authorized to be appropriated to carry out 
this section such sums as may be necessary for each of fiscal years 
2011 through 2015.

SEC. 246. GREEN CAFETERIAS PILOT PROGRAM.

    (a) Establishment of the Program.--From the amounts appropriated to 
carry out this section under subsection (e), the Secretary of 
Agriculture, in consultation with the Administrator of the 
Environmental Protection Agency, shall establish the green cafeterias 
pilot program in accordance with this section to provide competitive 
grants to school food authorities to create green cafeterias in the 
elementary schools and secondary schools under the jurisdiction of such 
school food authorities.
    (b) Applications.--In order to receive a grant under this section, 
a school food authority shall submit an application at such time, in 
such manner, and accompanied by such information as the Secretary may 
require, including--
            (1) a description of the schools in which the environmental 
        improvements described in subsection (c)(2) will be made using 
        the grant funds;
            (2) a draft work plan for making the environmental 
        improvements, including a description of the uses of funds;
            (3) an assessment of the expected environmental, economic, 
        and educational benefits of the environmental improvements;
            (4) a cost estimate of the proposed uses of funds; and
            (5) the proposed use of private financing for such 
        environmental improvements.
    (c) Allowable Uses.--
            (1) In general.--A school food authority receiving a grant 
        under this section shall use the grant to carry out at least 2 
        of the allowable uses described in paragraph (2) in the 
        cafeterias of elementary schools and secondary schools within 
        the jurisdiction of the authority.
            (2) Allowable uses.--The allowable uses described in this 
        paragraph are as follows:
                    (A) Procurement of environmentally-preferable 
                products, such as recycled content, energy efficient, 
                or biobased products.
                    (B) Recycling activities, such as--
                            (i) fat, oil, and grease recycling;
                            (ii) collection, separation, and processing 
                        of post-consumer waste; or
                            (iii) composting.
                    (C) Purchasing energy or water efficient appliances 
                and products that meet Energy Star, WaterSense 
                guidelines, or the equivalent where these labels do not 
                exist.
    (d) Evaluation.--Not later than 1 after the date of enactment this 
section, the Secretary shall evaluate the pilot program conducted under 
this section to assess--
            (1) the types of activities carried out by school food 
        authorities receiving grants under this section;
            (2) the immediate cost or savings, including any projected 
        costs or savings, of the green cafeteria efforts carried out by 
        such school food authorities;
            (3) the environmental benefits associated with the green 
        cafeteria efforts; and
            (4) any other factors and outcomes associated with carrying 
        out the green cafeteria efforts, as determined by the 
        Secretary.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2011 through 2015.
    (f) Definitions.--In this section:
            (1) Elementary school; secondary school.--The terms 
        ``elementary school'' and ``secondary school'' have the 
        meanings given such term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Environmentally-preferable.--The term 
        ``environmentally-preferable'' means products or services that 
        have a lesser or reduced effect on human health and the 
        environment as compared to competing products or services that 
        serve the same purpose. The product or service comparison may 
        consider raw materials acquisition, production, manufacturing, 
        packaging, distribution, reuse, maintenance, or disposal.

SEC. 247. PARTNERSHIPS FOR WELLNESS GRANTS.

    (a) In General.--From the amounts appropriated under subsection 
(i), the Secretary of Agriculture shall award grants to eligible 
entities, on a competitive basis, for projects that leverage community 
resources and support student access to physical activity, nutrition 
education, and nutritious foods during the regular school calendar.
    (b) Application.--
            (1) In general.--Each eligible entity that desires to 
        receive a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and containing 
        such information as the Secretary may reasonably require, 
        including--
                    (A) a community-involvement plan described in 
                paragraph (2);
                    (B) a description of the partners of the eligible 
                entity that will be involved in the implementation of 
                the community-involvement plan;
                    (C) a description of the roles that will be played 
                by each partner of the eligible entity in the 
                implementation of the community-involvement plan, 
                including a description of the services that will be 
                provided by each partner of the eligible entity; and
                    (D) a description of how funds received under this 
                section will be integrated with other Federal, State, 
                and local funds to maximize services and opportunities 
                for students, their families, and the community to be 
                served by the eligible entity, including a description 
                of how funds received under this section will be 
                distributed and utilized.
            (2) Community involvement plan.--
                    (A) In general.--To be eligible to receive a grant 
                under this section, an eligible entity shall develop a 
                plan for leveraging resources, services, and 
                opportunities available within the community to be 
                served by the eligible entity in order to increase, 
                during the regular school calendar, student access to 
                physical activity, and nutrition education, and 
                nutritious foods.
                    (B) Requirements.--The community-involvement plan 
                shall include--
                            (i) a needs assessment based on guidelines 
                        established by the Secretary that describes the 
                        need for access to physical activity, nutrition 
                        education, and nutritious foods, during the 
                        regular school calendar, of students served by 
                        the local educational agency that is partner of 
                        the eligible entity;
                            (ii) a description of the potential 
                        resources, services, and opportunities 
                        available within the community to be served by 
                        the eligible entity, or available near the 
                        community, that the students, the families of 
                        such students, and individuals in the community 
                        may be able to access to meet the needs 
                        identified under clause (i);
                            (iii) a description of the role of each of 
                        the partners of the eligible entity in 
                        providing services described in subsection (c) 
                        to the students and families of the students;
                            (iv) a strategy for linking students and 
                        the parents and families of the students with 
                        the opportunities for services available 
                        through the eligible entity; and
                            (v) a strategy for evaluating the impact of 
                        services that will be provided to students and 
                        their families through the eligible entity, 
                        including--
                                    (I) a description of the resources, 
                                supports, and opportunities that will 
                                be leveraged from the community to 
                                provide such services;
                                    (II) a description of how progress 
                                in increasing student access to 
                                physical activity, nutrition education, 
                                and nutritious food will be measured; 
                                and
                                    (III) a description of how the 
                                impact of increasing student access to 
                                physical activity, nutrition education, 
                                and nutritious food will be measured.
    (c) Uses of Funds.--An eligible entity receiving a grant under this 
section shall use the funds to carry out 1 or more of the following 
services:
            (1) Increasing, during the regular school calendar, student 
        access to physical activity, including through short bouts of 
        physical activity in the classroom and structured physical 
        activities that are taught and led by trained adults during 
        recess.
            (2) Increasing, during the regular school calendar, student 
        access to nutrition education, including nutrition education 
        provided through the community by local nutritionists, or other 
        health care providers.
            (3) Increasing, during the regular school calendar, student 
        access to nutritious foods, including through food 
        demonstrations with local chefs and restaurants.
    (d) Matching Requirement.--To be eligible to receive a grant under 
this section, an eligible entity shall agree to provide non-Federal 
contributions in an amount equal to not less than 50 percent of the 
amount of Federal funds provided under a grant under this section.
    (e) Duration.--A grant under this section shall be awarded for a 
period of not more than 3 years.
    (f) Supplement, Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, any other 
Federal, State, or local funds that would otherwise be available to 
carry out the services assisted under this section.
    (g) Reporting.--Each eligible entity that receives a grant under 
this section shall, on an annual basis during each year of the grant 
period, report to the Secretary on--
            (1) the number and type of, and the roles played by, 
        partners of the eligible entity involved in the development and 
        implementation of the entity's community-involvement plan 
        described in subsection (b)(2);
            (2) the services coordinated or provided under the 
        community-involvement plan; and
            (3) a description of the degree to which the eligible 
        entity has made progress in increasing student access to 
        physical activity, nutrition education, and nutritious foods as 
        a result of the services provided under the community-
        development plan.
    (h) Definitions.--For purposes of this section:
            (1) Child-and-youth-serving organization.--The term 
        ``child-and-youth-serving organization'' means a public or 
        private organization with a primary focus on providing to 
        children and youth, youth development programs, or health, 
        fitness, education, child welfare, psychological, parenting, or 
        recreation services.
            (2) Community-based organization.--The term ``community-
        based organization'' means a public or private nonprofit 
        organization of demonstrated effectiveness that--
                    (A) is representative of a community or significant 
                segments of a community; and
                    (B) provides nutrition, nutrition education, or 
                physical fitness services, or other related services to 
                individuals in the community.
            (3) During the regular school calendar.--The phrase 
        ``during the regular school calendar'' refers to a period 
        during the regular school calendar during school hours.
            (4) Eligible entity.--
                    (A) In general.--The term ``eligible entity'' means 
                a local educational agency participating in the lunch 
                program under the Richard B. Russell National and the 
                breakfast program under section 4 of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that has 
                established a partnership with 1 or more entities 
                described in subparagraph (B).
                    (B) Entities.--The entities described in this 
                subparagraph are as follows:
                            (i) A community-based organization.
                            (ii) A child-and-youth-serving organization 
                        or agency.
                            (iii) An institution of higher education.
                            (iv) A hospital or health care provider.
                            (v) Other business or community partner.
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2011 through 2015.

 TITLE III--IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION 
                                PROGRAMS

               Subtitle A--National School Lunch Program

SEC. 301. INDIRECT COSTS.

    (a) Guidance on Indirect Costs Rules.--Not later than 180 days 
after the date of enactment of this Act, the Secretary shall issue 
guidance to school food authorities participating in the school lunch 
program established under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.) and the school breakfast program 
established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773) covering program rules pertaining to allowable costs that may be 
charged to the nonprofit school food service accounts, including 
indirect costs and direct costs.
    (b) Indirect and Direct Costs Study.--The Secretary shall--
            (1) conduct a study to assess the extent to which school 
        food authorities participating in the school lunch program 
        established under the Richard B. Russell National School Lunch 
        Act (42 U.S.C. 1751 et seq.) and the school breakfast program 
        established by section 4 of the Child Nutrition Act of 1966 (42 
        U.S.C. 1773) pay indirect and direct costs, including 
        assessments of--
                    (A) the allocation of indirect and directs costs to 
                such school food authorities;
                    (B) the methodologies used to establish indirect 
                cost rates for such school food authorities);
                    (C) the types and amounts of indirect costs charged 
                and recovered by school districts;
                    (D) the impact of indirect costs charged to the 
                nonprofit school food service account of such school 
                food authorities;
                    (E) whether the indirect and direct costs charged 
                or recovered are consistent with requirements for the 
                allocation of costs and school food service operations; 
                and
                    (F) the types and amounts of indirect and direct 
                costs that could be charged or recovered under 
                requirements for the allocation of costs and school 
                food service operations but are not charged or 
                recovered; and
            (2) after completing the study required under paragraph 
        (1), issue additional guidance relating to the types of costs 
        that are reasonable and necessary to provide meals under the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 
        seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
        seq.).
    (c) Regulations.--After conducting the study under subsection 
(b)(1) and identifying costs under subsection (b)(2), the Secretary may 
promulgate regulations to address--
            (1) any identified deficiencies in the allocation of 
        indirect and direct costs charged to school food authorities 
        participating in the lunch program under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.) and the 
        breakfast program under the Child Nutrition Act of 1966 (42 
        U.S.C. 1773); and
            (2) the authority of school food authorities to reimburse 
        only those costs identified by the Secretary as reasonable and 
        necessary under subsection (b)(2).
    (d) Report.--Not later than October 1, 2013, the Secretary shall 
submit to the Committee on Education and Labor of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report that describes the results of the study 
under subsection (b).
    (e) Funding.--
            (1) In general.--On October 1, 2010, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        section $2,000,000, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this section the funds transferred under paragraph (1), without 
        further appropriation.
    (f) Effective Date.--The amendment made by subsection (a) shall 
take effect on July 1, 2011.

SEC. 302. REVENUE FROM NONPROGRAM FOODS SOLD IN SCHOOLS.

    (a) Amendment.--Section 12 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1760) (as amended by section 242) is 
amended by adding at the end the following:
    ``(q) Nonprogram Food Sales.--
            ``(1) Definition of nonprogram food.--In this subsection:
                    ``(A) In general.--The term nonprogram food means 
                food that is--
                            ``(i) sold in a participating school other 
                        than a reimbursable meal provided under this 
                        Act or the Child Nutrition Act of 1966 (42 
                        U.S.C. 1771 et seq.); and
                            ``(ii) purchased using funds from the 
                        nonprofit school food service account of the 
                        school food authority of the school.
                    ``(B) Inclusion.--The term nonprogram food includes 
                food that is sold in competition with a program 
                established under this Act or the Child Nutrition Act 
                of 1966 (42 U.S.C. 1771 et seq.).
            ``(2) Revenues.--
                    ``(A) In general.--The proportion of total school 
                food service revenue provided by the sale of nonprogram 
                foods to the total revenue of the school food service 
                account shall be equal to or greater than the 
                proportion of total food costs associated with 
                obtaining nonprogram foods to the total costs 
                associated with obtaining program and nonprogram foods 
                from the account.
                    ``(B) Accrual.--All revenue from the sale of 
                nonprogram foods shall accrue to the nonprofit school 
                food service account of a participating school food 
                authority.
            ``(3) Report.--Not later than 4 years after enactment of 
        this subsection, the Secretary shall submit to the Committee on 
        Education and Labor of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry of the Senate 
        a report describing the impact of implementation of this 
        subsection on financial accounting processes and procedures, 
        the nonprofit school food service account, and school food 
        service operations.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on July 1, 2011.

SEC. 303. REPORTING AND NOTIFICATION OF SCHOOL PERFORMANCE.

    Section 22 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769c) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Unified Accountability System.--
            ``(1) In general.--There shall be a unified system 
        prescribed and administered by the Secretary to ensure that 
        local food service authorities participating in the school 
        lunch program established under this Act and the school 
        breakfast program established by section 4 of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1773) comply with those Acts, 
        including compliance with--
                    ``(A) the nutritional requirements of section 9(f) 
                of this Act for school lunches; and
                    ``(B) as applicable, the nutritional requirements 
                for school breakfasts under section 4(e)(1) of the 
                Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).''; 
                and
            (2) in subsection (b)(1), by striking subparagraphs (A) and 
        (B) and inserting the following:
                    ``(A) require that local food service authorities 
                comply with the nutritional requirements described in 
                subparagraphs (A) and (B) of paragraph (1);
                    ``(B) to the maximum extent practicable, ensure 
                compliance through reasonable audits and supervisory 
                assistance reviews;
                    ``(C) in conducting audits and reviews for the 
                purpose of determining compliance with this Act, 
                including the nutritional requirements of section 
                9(f)--
                            ``(i) conduct audits and reviews during a 
                        3-year cycle or other period prescribed by the 
                        Secretary;
                            ``(ii) select schools for review in each 
                        local educational agency using criteria 
                        established by the Secretary;
                            ``(iii) report the final results of the 
                        reviews to the public in the State in an 
                        accessible, easily understood manner in 
                        accordance with guidelines promulgated by the 
                        Secretary; and
                            ``(iv) submit to the Secretary each year a 
                        report containing the results of the reviews in 
                        accordance with procedures developed by the 
                        Secretary; and
                    ``(D) when any local food service authority is 
                reviewed under this section, ensure that the final 
                results of the review by the State educational agency 
                are posted and otherwise made available to the public 
                on request in an accessible, easily understood manner 
                in accordance with guidelines promulgated by the 
                Secretary.''.

SEC. 304. COMPLIANCE AND ACCOUNTABILITY STUDY.

    (a) In General.--The Secretary of Agriculture shall conduct a study 
to--
            (1) assess the effectiveness and efficiency of 
        administrative review systems to ensure--
                    (A) each local educational agency participating in 
                the school lunch program established under the Richard 
                B. Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.) complies with the provisions of such Act, 
                including the provisions with respect to nutrition, 
                eligibility, meal counts, and claims for reimbursement;
                    (B) each local educational agency participating in 
                the school breakfast program established under section 
                4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 
                complies with the provisions of such Act, including the 
                provisions with respect to nutrition, eligibility, meal 
                counts, and claims for reimbursement; and
                    (C) each local educational agency described in 
                subparagraphs (A) and (B) is accountable for the 
                compliance described in such subparagraphs;
            (2) design and test alternative processes and procedures 
        that may improve the effectiveness and efficiency of the 
        administrative review systems described in paragraph (1), and 
        determine the optimal frequency for carrying out reviews under 
        such systems; and
            (3) identify any alternative processes and procedures for 
        establishing a more effective and efficient administrative 
        review system that--
                    (A) reflect the results of tests of alternative 
                processes and procedures conducted pursuant to 
                paragraph (2); and
                    (B) consider the practicality of implementing such 
                alternative processes and procedures, including the 
                cost and burden of implementation that would be imposed 
                on school food authorities, local educational agencies, 
                and State educational agencies.
    (b) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Secretary of Agriculture shall submit to the Committee 
on Education and Labor of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate, a 
report that describes the results and recommendations of the study 
conducted pursuant to subsection (a).
    (c) Regulations.--The Secretary of Agriculture may prescribe 
regulations as may be necessary to implement the processes or 
procedures identified pursuant to subsection (a)(3) for establishing an 
effective and efficient administrative review system.
    (d) Funding.--
            (1) In general.--Upon the date of the enactment of this 
        Act, out of any funds in the Treasury not otherwise 
        appropriated, the Secretary of the Treasury shall transfer to 
        the Secretary of Agriculture $3,000,000 to carry out this 
        section, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary of Agriculture 
        shall be entitled to receive, shall accept, and shall use to 
        carry out this section the funds transferred under paragraph 
        (1), without further appropriation.

SEC. 305. APPLICABILITY OF FOOD SAFETY PROGRAM ON ENTIRE SCHOOL CAMPUS.

    Section 9(h) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(h)) is amended--
            (1) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) post a report on the most recent inspection 
                conducted under subparagraph (A) in--
                            ``(i) a publicly visible location in the 
                        school foodservice area; and
                            ``(ii) a publicly accessible location on 
                        the Internet website of the local educational 
                        agency.'';
            (2) in paragraph (5)--
                    (A) by striking ``Each school authority'' and 
                inserting the following:
                    ``(A) In general.--Each school food authority''; 
                and
                    (B) by adding at the end the following:
                    ``(B) Applicability.--The requirements of the 
                school food safety program described in subparagraph 
                (A) shall apply to any facility or part of a facility 
                where food is stored, prepared, and served for the 
                purposes of the school nutrition programs under this 
                Act and the school breakfast program under section 4 of 
                the Child Nutrition Act of 1966 (42 U.S.C. 1773).''; 
                and
            (3) by adding at the end the following:
            ``(6) Training requirement.--
                    ``(A) In general.--Each school food authority 
                participating in a program under this Act shall ensure 
                that all school food service workers employed by the 
                authority shall--
                            ``(i) have access to appropriate training 
                        under a qualified training program, as 
                        described in subparagraph (B), on safe 
                        handling, preparation, and delivery of food to 
                        children participating in the school meal 
                        programs; and
                            ``(ii) comply with a performance standard 
                        for safe food handling, determined by the 
                        Secretary that is consistent with nationally 
                        recognized standards applicable to the 
                        preparation and delivery of meals served to 
                        children in a school environment.
                    ``(B) Qualified training program.--School 
                foodservice workers shall have access to comprehensive 
                food safety training programs that, at a minimum, 
                shall--
                            ``(i) be based on a process approach to 
                        Hazard Analysis Critical Control Point (HACCP) 
                        principles established by the Secretary; and
                            ``(ii) include training related to--
                                    ``(I) personal hygiene and 
                                pathogens, including characteristics of 
                                illness (including foodborne 
                                illnesses);
                                    ``(II) safe food service 
                                operations, including kitchen 
                                sanitation and equipment maintenance;
                                    ``(III) safe food handling, 
                                preparation, and delivery including 
                                storage, thawing, prepping, cooking, 
                                cooling and reheating practices for all 
                                forms of food, including fresh, frozen, 
                                and canned food; and
                                    ``(IV) other such topics determined 
                                by the Secretary.''.

SEC. 306. ENSURING SAFETY OF SCHOOL MEALS.

    The Richard B. Russell National School Lunch Act is amended by 
after section 28 (42 U.S.C. 1769i) the following:

``SEC. 29. ENSURING SAFETY OF SCHOOL MEALS.

    ``(a) Food and Nutrition Service.--Not later than 1 year after the 
date of enactment of the Improving Nutrition for America's Children 
Act, the Secretary, acting through the Administrator of the Food and 
Nutrition Service, shall--
            ``(1) in consultation with the Administrator of the 
        Agricultural Marketing Service and the Administrator of the 
        Farm Service Agency, develop guidelines to determine the 
        circumstances under which it is appropriate for the Secretary 
        to institute an administrative hold on suspect foods purchased 
        by the Secretary that are being used in school meal programs 
        under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 
        1771 et seq.);
            ``(2) work with States to explore ways for the States to 
        increase the timeliness of notification of food recalls to 
        schools and school food authorities;
            ``(3) improve the timeliness and completeness of direct 
        communication between the Food and Nutrition Service and States 
        about holds and recalls, such as through the commodity alert 
        system of the Food and Nutrition Service; and
            ``(4) establish a timeframe to improve the commodity hold 
        and recall procedures of the Department of Agriculture to 
        address the role of processors and determine the involvement of 
        distributors with processed products that may contain recalled 
        ingredients, to facilitate the provision of more timely and 
        complete information to schools.
    ``(b) Food Safety and Inspection Service.--Not later than 1 year 
after the date of enactment of the Improving Nutrition for America's 
Children Act the Secretary, acting through the Administrator of the 
Food Safety and Inspection Service, shall revise the procedures of the 
Food Safety and Inspection Service to ensure that schools are included 
in effectiveness checks.''.

SEC. 307. INFORMATION ON COMMODITY FOOD SUPPLIERS.

    Section 6 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1755) is amended by adding at the end the following:
    ``(f) Commodity Food Vendors.--The Secretary shall make available 
to State agencies, school food authorities, and the public on the 
website maintained by the Secretary--
            ``(1) a current listing of vendors that supply commodity 
        foods for use in the school nutrition programs under this Act 
        and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
            ``(2) information on the commodity food supplied by each 
        such vendor; and
            ``(3) any other information related to each such vendor, as 
        determined by the Secretary.''.

SEC. 308. PRIVACY PROTECTION.

    Section 9(d)(1) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(d)(1)) is amended--
            (1) in the first sentence, by inserting ``the last 4 digits 
        of'' before ``the social security account number''; and
            (2) by striking the second sentence.

SEC. 309. FINES FOR VIOLATING PROGRAM REQUIREMENTS.

    Section 22 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769c) is amended by adding at the end the following:
    ``(e) Fines for Violating Program Requirements.--
            ``(1) School food authorities and schools.--
                    ``(A) In general.--The Secretary shall establish 
                criteria by which the Secretary or a State agency may 
                impose a fine against any school food authority or 
                school administering a program authorized under this 
                Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 
                et seq.) if the Secretary or the State agency 
                determines that the school food authority or school 
                has--
                            ``(i) failed to correct severe 
                        mismanagement of the program;
                            ``(ii) disregarded a program requirement of 
                        which the school food authority or school had 
                        been informed; or
                            ``(iii) failed to correct repeated 
                        violations of program requirements.
                    ``(B) Limits.--
                            ``(i) In general.--In calculating the fine 
                        for a school food authority or school, the 
                        Secretary shall base the amount of the fine on 
                        the reimbursement earned by school food 
                        authority or school for the program in which 
                        the violation occurred.
                            ``(ii) Amount.--The amount under clause (i) 
                        shall not exceed--
                                    ``(I) 1 percent of the amount of 
                                meal reimbursements earned for the 
                                fiscal year for the first finding of 1 
                                or more program violations under 
                                subparagraph (A);
                                    ``(II) 5 percent of the amount of 
                                meal reimbursements earned for the 
                                fiscal year for the second finding of 1 
                                or more program violations under 
                                subparagraph (A); and
                                    ``(III) 10 percent of the amount of 
                                meal reimbursements earned for the 
                                fiscal year for the third or subsequent 
                                finding of 1 or more program violations 
                                under subparagraph (A).
            ``(2) State agencies.--
                    ``(A) In general.--The Secretary shall establish 
                criteria by which the Secretary may impose a fine 
                against any State agency administering a program 
                authorized under this Act or the Child Nutrition Act of 
                1966 (42 U.S.C. 1771 et seq.) if the Secretary 
                determines that the State agency has--
                            ``(i) failed to correct severe 
                        mismanagement of the program;
                            ``(ii) disregarded a program requirement of 
                        which the State had been informed; or
                            ``(iii) failed to correct repeated 
                        violations of program requirements.
                    ``(B) Limits.--In the case of a State agency, the 
                amount of a fine under subparagraph (A) shall not 
                exceed--
                            ``(i) 1 percent of funds made available 
                        under section 7(a) of the Child Nutrition Act 
                        of 1966 (42 U.S.C. 1776(a)) for State 
                        administrative expenses during a fiscal year 
                        for the first finding of 1 or more program 
                        violations under subparagraph (A);
                            ``(ii) 5 percent of funds made available 
                        under section 7(a) of the Child Nutrition Act 
                        of 1966 (42 U.S.C. 1776(a)) for State 
                        administrative expenses during a fiscal year 
                        for the second finding of 1 or more program 
                        violations under subparagraph (A); and
                            ``(iii) 10 percent of funds made available 
                        under section 7(a) of the Child Nutrition Act 
                        of 1966 (42 U.S.C. 1776(a)) for State 
                        administrative expenses during a fiscal year 
                        for the third or subsequent finding of 1 or 
                        more program violations under subparagraph (A).
            ``(3) Source of funding.--Funds to pay a fine imposed under 
        paragraph (1) or (2) shall be derived from non-Federal 
        sources.''.

SEC. 310. INDEPENDENT REVIEW OF APPLICATIONS.

    Section 22(b) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769c(b)) is amended by adding at the end the following:
            ``(6) Eligibility determination review for selected local 
        educational agencies.--
                    ``(A) In general.--A local educational agency that 
                has demonstrated a high level of, or a high risk for, 
                administrative error associated with certification, 
                verification, and other administrative processes, as 
                determined by the Secretary, shall ensure that the 
                initial eligibility determination for each application 
                is reviewed for accuracy prior to notifying a household 
                of the eligibility or ineligibility of the household 
                for free or reduced price meals.
                    ``(B) Timeliness.--The review of initial 
                eligibility determinations--
                            ``(i) shall be completed in a timely 
                        manner; and
                            ``(ii) shall not result in the delay of an 
                        eligibility determination for more than 10 
                        operating days after the date on which the 
                        application is submitted.
                    ``(C) Acceptable types of review.--Subject to 
                standards established by the Secretary, the system used 
                to review eligibility determinations for accuracy shall 
                be conducted by an individual or entity that did not 
                make the initial eligibility determination.
                    ``(D) Notification of household.--Once the review 
                of an eligibility determination has been completed 
                under this paragraph, the household shall be notified 
                immediately of the determination of eligibility or 
                ineligibility for free or reduced price meals.
                    ``(E) Reporting.--
                            ``(i) Local educational agencies.--In 
                        accordance with procedures established by the 
                        Secretary, each local educational agency 
                        required to review initial eligibility 
                        determinations shall submit to the relevant 
                        State agency a report describing the results of 
                        the reviews, including--
                                    ``(I) the number and percentage of 
                                reviewed applications for which the 
                                eligibility determination was changed 
                                and the type of change made; and
                                    ``(II) such other information as 
                                the Secretary determines to be 
                                necessary.
                            ``(ii) State agencies.--In accordance with 
                        procedures established by the Secretary, each 
                        State agency shall submit to the Secretary a 
                        report describing the results of the reviews of 
                        initial eligibility determinations, including--
                                    ``(I) the number and percentage of 
                                reviewed applications for which the 
                                eligibility determination was changed 
                                and the type of change made; and
                                    ``(II) such other information as 
                                the Secretary determines to be 
                                necessary.
                            ``(iii) Transparency.--The Secretary shall 
                        publish annually the results of the reviews of 
                        initial eligibility determinations by State, 
                        number, percentage, and type of error.''.

SEC. 311. PROGRAM EVALUATION.

    Section 28 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769i) is amended by adding at the end the following:
    ``(c) Cooperation With Program Research and Evaluation.--States, 
State educational agencies, local educational agencies, schools, 
institutions, facilities, and contractors participating in programs 
authorized under this Act and the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) shall cooperate with officials and contractors 
acting on behalf of the Secretary, in the conduct of evaluations and 
studies under those Acts.''.

                Subtitle B--Summer Food Service Program

SEC. 321. SUMMER FOOD SERVICE PROGRAM PERMANENT OPERATING AGREEMENTS.

    Section 13(b) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1761(b)) is amended by striking paragraph (3) and inserting 
the following:
            ``(3) Permanent operating agreements and budget for 
        administrative costs.--
                    ``(A) Permanent operating agreements.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), to participate in the program, a 
                        service institution that meets the conditions 
                        of eligibility described in this section and in 
                        regulations promulgated by the Secretary, shall 
                        be required to enter into a permanent agreement 
                        with the applicable State agency.
                            ``(ii) Amendments.--A permanent agreement 
                        described in clause (i) may be amended as 
                        necessary to ensure that the service 
                        institution is in compliance with all 
                        requirements established in this section or by 
                        the Secretary.
                            ``(iii) Termination.--A permanent agreement 
                        described in clause (i)--
                                    ``(I) may be terminated for 
                                convenience by the service institution 
                                and State agency that is a party to the 
                                permanent agreement; and
                                    ``(II) shall be terminated--
                                            ``(aa) for cause by the 
                                        applicable State agency in 
                                        accordance with subsection (q) 
                                        and with regulations 
                                        promulgated by the Secretary; 
                                        or
                                            ``(bb) on termination of 
                                        participation of the service 
                                        institution in the program.
                    ``(B) Budget for administrative costs.--
                            ``(i) In general.--When applying for 
                        participation in the program, and not less 
                        frequently than annually thereafter, each 
                        service institution shall submit a complete 
                        budget for administrative costs related to the 
                        program, which shall be subject to approval by 
                        the State.
                            ``(ii) Amount.--Payment to service 
                        institutions for administrative costs shall 
                        equal the levels determined by the Secretary 
                        pursuant to the study required in paragraph 
                        (4).''.

SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALIFICATION.

    Section 13 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1761) is amended--
            (1) by redesignating subsection (q) as subsection (r); and
            (2) by inserting after subsection (p) the following:
    ``(q) Termination and Disqualification of Participating 
Organizations.--
            ``(1) In general.--Each State agency shall follow the 
        procedures established by the Secretary for the termination of 
        participation of institutions under the program.
            ``(2) Fair hearing.--The procedures described in paragraph 
        (1) shall include provision for a fair hearing and prompt 
        determination for any service institution aggrieved by any 
        action of the State agency that affects--
                    ``(A) the participation of the service institution 
                in the program; or
                    ``(B) the claim of the service institution for 
                reimbursement under this section.
            ``(3) List of disqualified institutions and individuals.--
                    ``(A) In general.--The Secretary shall maintain a 
                list of service institutions and individuals that have 
                been terminated or otherwise disqualified from 
                participation in the program under the procedures 
                established pursuant to paragraph (1).
                    ``(B) Availability.--The Secretary shall make the 
                list available to States for use in approving or 
                renewing applications by service institutions for 
                participation in the program.''.

             Subtitle C--Child and Adult Care Food Program

SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PERMANENT OPERATING 
              AGREEMENTS.

    (a) Permanent Operating Agreements.--Section 17(d)(1) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) is 
amended by adding at the end the following:
                    ``(E) Permanent operating agreements.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), to participate in the child and 
                        adult care food program, an institution that 
                        meets the conditions of eligibility described 
                        in this subsection shall be required to enter 
                        into a permanent agreement with the applicable 
                        State agency.
                            ``(ii) Amendments.--A permanent agreement 
                        described in clause (i) may be amended as 
                        necessary to ensure that the institution is in 
                        compliance with all requirements established in 
                        this section or by the Secretary.
                            ``(iii) Termination.--A permanent agreement 
                        described in clause (i)--
                                    ``(I) may be terminated for 
                                convenience by the institution or State 
                                agency that is a party to the permanent 
                                agreement; and
                                    ``(II) shall be terminated--
                                            ``(aa) for cause by the 
                                        applicable State agency in 
                                        accordance with paragraph (5); 
                                        or
                                            ``(bb) on termination of 
                                        participation of the 
                                        institution in the child and 
                                        adult care food program.''.
    (b) Applications and Reviews.--Section 17(d) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1766(d)) is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Program applications.--
                    ``(A) In general.--The Secretary shall develop a 
                policy under which each institution providing child 
                care that participates in the program under this 
                section shall--
                            ``(i) submit to the State agency an initial 
                        application to participate in the program that 
                        meets all requirements established by the 
                        Secretary by regulation;
                            ``(ii) annually confirm to the State agency 
                        that the institution, and any facilities of the 
                        institution in which the program is operated by 
                        a sponsoring organization, is in compliance 
                        with subsection (a)(5); and
                            ``(iii) annually submit to the State agency 
                        any additional information necessary to confirm 
                        that the institution is in compliance with all 
                        other requirements to participate in the 
                        program, as established in this Act and by the 
                        Secretary by regulation.
                    ``(B) Required reviews of sponsored facilities.--
                            ``(i) In general.--The Secretary shall 
                        develop a policy under which each sponsoring 
                        organization participating in the program under 
                        this section shall conduct--
                                    ``(I) periodic unannounced site 
                                visits at not less than 3-year 
                                intervals to sponsored child and adult 
                                care centers and family or group day 
                                care homes to identify and prevent 
                                management deficiencies and fraud and 
                                abuse under the program; and
                                    ``(II) at least 1 scheduled site 
                                visit each year to sponsored child and 
                                adult care centers and family or group 
                                day care homes to identify and prevent 
                                management deficiencies and fraud and 
                                abuse under the program and to improve 
                                program operations.
                            ``(ii) Varied timing.--Sponsoring 
                        organizations shall vary the timing of 
                        unannounced reviews under clause (i)(I) in a 
                        manner that makes the reviews unpredictable to 
                        sponsored facilities.
                    ``(C) Required reviews of institutions.--The 
                Secretary shall develop a policy under which each State 
                agency shall conduct--
                            ``(i) at least 1 scheduled site visit at 
                        not less than 3-year intervals to each 
                        institution under the State agency 
                        participating in the program under this 
                        section--
                                    ``(I) to identify and prevent 
                                management deficiencies and fraud and 
                                abuse under the program; and
                                    ``(II) to improve program 
                                operations; and
                            ``(ii) more frequent reviews of any 
                        institution that--
                                    ``(I) sponsors a significant share 
                                of the facilities participating in the 
                                program;
                                    ``(II) conducts activities other 
                                than the program authorized under this 
                                section;
                                    ``(III) has serious management 
                                problems, as identified in a prior 
                                review, or is at risk of having serious 
                                management problems; or
                                    ``(IV) meets such other criteria as 
                                are defined by the Secretary.
                    ``(D) Detection and deterrence of erroneous 
                payments and false claims.--
                            ``(i) In general.--The Secretary may 
                        develop a policy to detect and deter, and 
                        recover erroneous payments to, and false claims 
                        submitted by, institutions, sponsored child and 
                        adult care centers, and family or group day 
                        care homes participating in the program under 
                        this section.
                            ``(ii) Block claims.--
                                    ``(I) Definition of block claim.--
                                In this clause, the term block claim 
                                has the meaning given the term in 
                                section 226.2 of title 7, Code of 
                                Federal Regulations (or successor 
                                regulations).
                                    ``(II) Program edit checks.--The 
                                Secretary may not require any State 
                                agency, sponsoring organization, or 
                                other institution to perform edit 
                                checks or on-site reviews relating to 
                                the detection of block claims by any 
                                child care facility.
                                    ``(III) Allowance.--Notwithstanding 
                                subclause (II), the Secretary may 
                                require any State agency, sponsoring 
                                organization, or other institution to 
                                collect, store, and transmit to the 
                                appropriate entity information 
                                necessary to develop any other policy 
                                developed under clause (i).''.
    (c) Agreements.--Section 17(j)(1) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766(j)(1)) is amended--
            (1) by striking ``may'' and inserting ``shall'';
            (2) by striking ``family or group day care'' the first 
        place it appears; and
            (3) by inserting ``or sponsored day care centers'' before 
        ``participating''.

SEC. 332. STATE LIABILITY FOR PAYMENTS TO AGGRIEVED CHILD CARE 
              INSTITUTIONS.

    Section 17(e) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1766(e)) is amended--
            (1) in paragraph (3), by striking ``(3) If a State'' and 
        inserting the following:
            ``(5) Secretarial hearing.--If a State''; and
            (2) by striking ``(e) Except as provided'' and all that 
        follows through ``(2) A State'' and inserting the following:
    ``(e) Hearings.--
            ``(1) In general.--Except as provided in paragraph (4), 
        each State agency shall provide, in accordance with regulations 
        promulgated by the Secretary, an opportunity for a fair hearing 
        and a prompt determination to any institution aggrieved by any 
        action of the State agency that affects--
                    ``(A) the participation of the institution in the 
                program authorized by this section; or
                    ``(B) the claim of the institution for 
                reimbursement under this section.
            ``(2) Reimbursement.--In accordance with paragraph (3), a 
        State agency that fails to meet timeframes for providing an 
        opportunity for a fair hearing and a prompt determination to 
        any institution under paragraph (1) in accordance with 
        regulations promulgated by the Secretary, shall pay, from non-
        Federal sources, all valid claims for reimbursement to the 
        institution and the facilities of the institution during the 
        period beginning on the day after the end of any regulatory 
        deadline for providing the opportunity and making the 
        determination and ending on the date on which a hearing 
        determination is made.
            ``(3) Notice to state agency.--The Secretary shall provide 
        written notice to a State agency at least 30 days prior to 
        imposing any liability for reimbursement under paragraph (2).
            ``(4) Federal audit determination.--A State''.

SEC. 333. APPLICATION SUBMISSION BY SPONSORED FAMILY OR GROUP DAY CARE 
              HOMES.

    Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(III)) is amended by 
adding at the end the following:
                                            ``(dd) Application 
                                        submission.--If a family or 
                                        group day care home elects to 
                                        be provided reimbursement 
                                        factors described in subclause 
                                        (II), the family or group day 
                                        care home may assist in the 
                                        transmission of necessary 
                                        household income information to 
                                        the family or group day care 
                                        home sponsoring organization in 
                                        accordance with the policy 
                                        described in item (ee).
                                            ``(ee) Policy.--The 
                                        Secretary shall develop a 
                                        policy under which a sponsored 
                                        family or group day care home 
                                        described in item (dd) may, 
                                        under terms and conditions 
                                        specified by the Secretary and 
                                        with the written consent of the 
                                        parents or guardians of a child 
                                        in a family or group day care 
                                        home participating in the 
                                        program, assist in the 
                                        transmission of the income 
                                        information of the family to 
                                        the family or group day care 
                                        home sponsoring 
                                        organization.''.

SEC. 334. ADMINISTRATIVE PAYMENTS TO SPONSORING ORGANIZATIONS.

    Section 17(f)(3)(B) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(f)(3)(B)) is amended to read as follows:
                    ``(B) Administrative reimbursements.--
                            ``(i) In general.--In addition to 
                        reimbursement provided under subparagraph (A), 
                        family or group day care home sponsoring 
                        organizations shall receive reimbursement for 
                        the administrative expenses in amounts not less 
                        than the sum of the product obtained by 
                        multiplying--
                                    ``(I) the number of family and 
                                group day care homes of the sponsoring 
                                organization submitting a claim for 
                                reimbursement in each month; by
                                    ``(II) the administrative 
                                reimbursement rate prescribed by the 
                                Secretary.
                            ``(ii) Administrative reimbursement rate.--
                        Effective July 1, 2011, the Secretary shall 
                        increase the administrative reimbursement rate 
                        prescribed by the Secretary under clause 
                        (i)(II) by $5 for each family and group day 
                        care home of the sponsoring organization 
                        submitting a claim for reimbursement.
                            ``(iii) Annual adjustment.--The 
                        reimbursement levels specified in clause (i) 
                        shall be adjusted July 1 of each year to 
                        reflect changes in the Consumer Price Index for 
                        All Urban Consumers published by the Bureau of 
                        Labor Statistics of the Department of Labor for 
                        all items for the most recent 12-month period 
                        for which data are available.
                            ``(iv) Carryover funds.--The Secretary 
                        shall develop procedures under which not more 
                        than 10 percent of the amount made available to 
                        sponsoring organizations for a fiscal year 
                        under this section for administrative expenses 
                        for a fiscal year may remain available to such 
                        organizations for obligation or expenditure for 
                        the succeeding fiscal year for such purpose.''.

SEC. 335. CHILD AND ADULT CARE FOOD PROGRAM AUDIT FUNDING.

    Section 17(i) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1766(i)) is amended by striking paragraph (2) and inserting 
the following:
            ``(2) Funding.--
                    ``(A) In general.--The Secretary shall make 
                available for each fiscal year to each State agency 
                administering the child and adult care food program, 
                for the purpose of conducting audits of participating 
                institutions, an amount of up to 1.5 percent of the 
                funds used by each State in the program under this 
                section, during the second preceding fiscal year.
                    ``(B) Additional funding.--
                            ``(i) In general.--Subject to clause (ii), 
                        for fiscal year 2016 and each fiscal year 
                        thereafter, the Secretary may increase the 
                        amount of funds made available to any State 
                        agency under subparagraph (A), if the State 
                        agency demonstrates that the State agency can 
                        effectively use the funds to improve program 
                        management under criteria established by the 
                        Secretary.
                            ``(ii) Limitation.--The total amount of 
                        funds made available to any State agency under 
                        this paragraph shall not exceed 2 percent of 
                        the funds used by each State agency in the 
                        program under this section, during the second 
                        preceding fiscal year.''.

SEC. 336. REDUCING PAPERWORK AND IMPROVING PROGRAM ADMINISTRATION.

    Section 17 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) is amended by adding at the end the following:
    ``(u) Reducing Paperwork and Improving Program Administration.--
            ``(1) Establishment.--The Secretary, in conjunction with 
        States and participating institutions, shall continue to 
        examine the feasibility of reducing unnecessary or duplicative 
        paperwork resulting from regulations and recordkeeping 
        requirements for State agencies, institutions, family and group 
        day care homes, and sponsored centers participating in the 
        program
            ``(2) Duties.--At a minimum, the examination shall 
        include--
                    ``(A) review and evaluation of the recommendations, 
                guidance, and regulatory priorities developed and 
                issued to comply with section 119(i) of the Child 
                Nutrition and WIC Reauthorization Act of 2004 (42 
                U.S.C. 1766 note; Public Law 108-265);
                    ``(B) examination of additional paperwork and 
                administrative requirements that have been established 
                since February 23, 2007, that could be reduced or 
                simplified; and
                    ``(C) examination of any other aspect regarding the 
                administration of the program, as determined by the 
                Secretary.
            ``(3) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Education and Labor of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry of the Senate a report that describes the actions 
        that have been taken to carry out this section, including--
                    ``(A) actions taken to address administrative and 
                paperwork burdens identified as a result of compliance 
                with section 119(i) of the Child Nutrition and WIC 
                Reauthorization Act of 2004 (42 U.S.C. 1766 note; 
                Public Law 108-265);
                    ``(B) administrative and paperwork burdens 
                identified as a result of compliance with section 
                119(i) of that Act for which no regulatory action or 
                policy guidance has been taken;
                    ``(C) additional steps that the Secretary is taking 
                or plans to take to address any administrative and 
                paperwork burdens identified under paragraph (2)(B) and 
                subparagraph (B), including--
                            ``(i) new or updated regulations, policy, 
                        guidance, or technical assistance; and
                            ``(ii) a timeframe for the completion of 
                        those steps; and
                    ``(D) recommendations to Congress for modifications 
                to existing statutory authorities needed to address 
                identified administrative and paperwork burdens.''.

Subtitle D--Special Supplemental Nutrition Program for Women, Infants, 
                              and Children

SEC. 351. SHARING OF MATERIALS WITH OTHER PROGRAMS.

    Section 17(e)(3) of the Child Nutrition Act (42 U.S.C. 1786(e)(3)) 
is amended by striking subparagraph (B) and inserting the following:
                    ``(B) Sharing of materials with other programs.--
                            ``(i) Commodity supplemental food 
                        program.--The Secretary may provide, in bulk 
                        quantity, nutrition education materials 
                        (including materials promoting breastfeeding) 
                        developed with funds made available for the 
                        program authorized under this section to State 
                        agencies administering the commodity 
                        supplemental food program established under 
                        section 5 of the Agriculture and Consumer 
                        Protection Act of 1973 (7 U.S.C. 612c note; 
                        Public Law 93-86) at no cost to that program.
                            ``(ii) Child and adult care food program.--
                        A State agency may allow the local agencies or 
                        clinics under the State agency to share 
                        nutrition educational materials with 
                        institutions participating in the child and 
                        adult care food program established under 
                        section 17 of the Richard B. Russell National 
                        School Lunch Act (42 U.S.C. 1766) at no cost to 
                        that program, if a written materials sharing 
                        agreement exists between the relevant 
                        agencies.''.

SEC. 352. WIC PROGRAM MANAGEMENT.

    (a) WIC Evaluation Funds.--Section 17(g)(5) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(g)(5)) is amended by striking 
``$5,000,000'' and inserting ``$15,000,000''.
    (b) WIC Rebate Payments.--Section 17(h)(8) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(h)(8)) is amended by adding at the end the 
following:
                    ``(K) Reporting.--Effective beginning October 1, 
                2011, each State agency shall report rebate payments 
                received from manufacturers in the month in which the 
                payments are received, rather than in the month in 
                which the payments were earned.''.
    (c) Cost Containment Measure.--Section 17(h) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(h)) is amended--
            (1) in paragraph (8)(A)(iv)(III), by striking ``Any'' and 
        inserting ``Except as provided in paragraph (9)(B)(i)(II), 
        any''; and
            (2) by striking paragraph (9) and inserting the following:
            ``(9) Cost containment measure.--
                    ``(A) Definition of cost containment measure.--In 
                this subsection, the term cost containment measure 
                means a competitive bidding, rebate, direct 
                distribution, or home delivery system implemented by a 
                State agency as described in the approved State plan of 
                operation and administration of the State agency.
                    ``(B) Solicitation and rebate billing 
                requirements.--Any State agency instituting a cost 
                containment measure for any authorized food, including 
                infant formula, shall--
                            ``(i) in the bid solicitation--
                                    ``(I) identify the composition of 
                                State alliances for the purposes of a 
                                cost containment measure; and
                                    ``(II) verify that no additional 
                                States shall be added to the State 
                                alliance between the date of the bid 
                                solicitation and the end of the 
                                contract;
                            ``(ii) have a system to ensure that rebate 
                        invoices under competitive bidding provide a 
                        reasonable estimate or an actual count of the 
                        number of units sold to participants in the 
                        program under this section;
                            ``(iii) open and read aloud all bids at a 
                        public proceeding on the day on which the bids 
                        are due; and
                            ``(iv) unless otherwise exempted by the 
                        Secretary, provide a minimum of 30 days between 
                        the publication of the solicitation and the 
                        date on which the bids are due.
                    ``(C) State alliances for authorized foods other 
                than infant formula.--Program requirements relating to 
                the size of State alliances under paragraph (8)(A)(iv) 
                shall apply to cost containment measures established 
                for any authorized food under this section.''.
    (d) Electronic Benefit Transfer.--Section 17(h) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by striking 
paragraph (12) and inserting the following:
            ``(12) Electronic benefit transfer.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Electronic benefit transfer.--The 
                        term electronic benefit transfer means a food 
                        delivery system that provides benefits using a 
                        card or other access device approved by the 
                        Secretary that permits electronic access to 
                        program benefits.
                            ``(ii) Program.--The term program means the 
                        special supplemental nutrition program 
                        established by this section.
                    ``(B) Requirements.--
                            ``(i) In general.--Not later than October 
                        1, 2020, each State agency shall be required to 
                        implement electronic benefit transfer systems 
                        throughout the State, unless the Secretary 
                        grants an exemption under subparagraph (C) for 
                        a State agency that is facing unusual barriers 
                        to implement an electronic benefit transfer 
                        system.
                            ``(ii) Responsibility.--The State agency 
                        shall be responsible for the coordination and 
                        management of the electronic benefit transfer 
                        system of the agency.
                    ``(C) Exemptions.--
                            ``(i) In general.--To be eligible for an 
                        exemption from the statewide implementation 
                        requirements of subparagraph (B)(i), a State 
                        agency shall demonstrate to the satisfaction of 
                        the Secretary 1 or more of the following:
                                    ``(I) There are unusual 
                                technological barriers to 
                                implementation.
                                    ``(II) Operational costs are not 
                                affordable within the nutrition 
                                services and administration grant of 
                                the State agency.
                                    ``(III) It is in the best interest 
                                of the program to grant the exemption.
                            ``(ii) Specific date.--A State agency 
                        requesting an exemption under clause (i) shall 
                        specify a date by which the State agency 
                        anticipates statewide implementation described 
                        in subparagraph (B)(i).
                    ``(D) Reporting.--
                            ``(i) In general.--Each State agency shall 
                        submit to the Secretary electronic benefit 
                        transfer project status reports to demonstrate 
                        the progress of the State toward statewide 
                        implementation.
                            ``(ii) Consultation.--If a State agency 
                        plans to incorporate additional programs in the 
                        electronic benefit transfer system of the 
                        State, the State agency shall consult with the 
                        State agency officials responsible for 
                        administering the programs prior to submitting 
                        the planning documents to the Secretary for 
                        approval.
                            ``(iii) Requirements.--At a minimum, a 
                        status report submitted under clause (i) shall 
                        contain--
                                    ``(I) an annual outline of the 
                                electronic benefit transfer 
                                implementation goals and objectives of 
                                the State;
                                    ``(II) appropriate updates in 
                                accordance with approval requirements 
                                for active electronic benefit transfer 
                                State agencies; and
                                    ``(III) such other information as 
                                the Secretary may require.
                    ``(E) Imposition of costs on vendors.--
                            ``(i) Cost prohibition.--Except as 
                        otherwise provided in this paragraph, the 
                        Secretary may not impose, or allow a State 
                        agency to impose, the costs of any equipment or 
                        system required for electronic benefit 
                        transfers on any authorized vendor in order to 
                        transact electronic benefit transfers if the 
                        vendor equipment or system is used solely to 
                        support the program.
                            ``(ii) Cost-sharing.--The Secretary shall 
                        establish criteria for cost-sharing by State 
                        agencies and vendors of costs associated with 
                        any equipment or system that is not solely 
                        dedicated to transacting electronic benefit 
                        transfers for the program.
                            ``(iii) Fees.--
                                    ``(I) In general.--A vendor that 
                                elects to accept electronic benefit 
                                transfers using multifunction equipment 
                                shall pay commercial transaction 
                                processing costs and fees imposed by a 
                                third-party processor that the vendor 
                                elects to use to connect to the 
                                electronic benefit transfer system of 
                                the State.
                                    ``(II) Interchange fees.--No 
                                interchange fees shall apply to 
                                electronic benefit transfer 
                                transactions under this paragraph.
                            ``(iv) Statewide operations.--After 
                        completion of statewide expansion of a system 
                        for transaction of electronic benefit 
                        transfers--
                                    ``(I) a State agency may not be 
                                required to incur ongoing maintenance 
                                costs for vendors using multifunction 
                                systems and equipment to support 
                                electronic benefit transfers; and
                                    ``(II) any retail store in the 
                                State that applies for authorization to 
                                become a program vendor shall be 
                                required to demonstrate the capability 
                                to accept program benefits 
                                electronically prior to authorization, 
                                unless the State agency determines that 
                                the vendor is necessary for participant 
                                access.
                    ``(F) Minimum lane coverage.--
                            ``(i) In general.--The Secretary shall 
                        establish minimum lane coverage guidelines for 
                        vendor equipment and systems used to support 
                        electronic benefit transfers.
                            ``(ii) Provision of equipment.--If a vendor 
                        does not elect to accept electronic benefit 
                        transfers using its own multifunction 
                        equipment, the State agency shall provide such 
                        equipment as is necessary to solely support the 
                        program to meet the established minimum lane 
                        coverage guidelines.
                    ``(G) Technical standards.--The Secretary shall--
                            ``(i) establish technical standards and 
                        operating rules for electronic benefit transfer 
                        systems; and
                            ``(ii) require each State agency, 
                        contractor, and authorized vendor participating 
                        in the program to demonstrate compliance with 
                        the technical standards and operating rules.''.
    (e) Universal Product Codes Database.--Section 17(h) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by striking 
paragraph (13) and inserting the following:
            ``(13) Universal product codes database.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of the Improving Nutrition for 
                America's Children Act, the Secretary shall establish a 
                national universal product code database to be used by 
                all State agencies in carrying out the requirements of 
                paragraph (12).
                    ``(B) Funding.--
                            ``(i) In general.--On October 1, 2010, and 
                        on each October 1 thereafter, out of any funds 
                        in the Treasury not otherwise appropriated, the 
                        Secretary of the Treasury shall transfer to the 
                        Secretary to carry out this paragraph 
                        $1,000,000, to remain available until expended.
                            ``(ii) Receipt and acceptance.--The 
                        Secretary shall be entitled to receive, shall 
                        accept, and shall use to carry out this 
                        paragraph the funds transferred under clause 
                        (i), without further appropriation.
                            ``(iii) Use of funds.--The Secretary shall 
                        use the funds provided under clause (i) for 
                        development, hosting, hardware and software 
                        configuration, and support of the database 
                        required under subparagraph (A).''.
    (f) Temporary Spending Authority.--Section 17(i) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended by adding at the 
end the following:
            ``(8) Temporary spending authority.--During each of fiscal 
        years 2012 and 2013, the Secretary may authorize a State agency 
        to expend more than the amount otherwise authorized under 
        paragraph (3)(C) for expenses incurred under this section for 
        supplemental foods during the preceding fiscal year, if the 
        Secretary determines that--
                    ``(A) there has been a significant reduction in 
                reported infant formula cost containment savings for 
                the preceding fiscal year due to the implementation of 
                subsection (h)(8)(K); and
                    ``(B) the reduction would affect the ability of the 
                State agency to serve all eligible participants.''.

                       Subtitle E--Miscellaneous

SEC. 361. FULL USE OF FEDERAL FUNDS.

    Section 12 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) (as amended by section 242) is further amended by striking 
subsection (b) and inserting the following:
    ``(b) Agreements.--
            ``(1) In general.--The Secretary shall incorporate, in the 
        agreement of the Secretary with the State agencies 
        administering programs authorized under this Act or the Child 
        Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the express 
        requirements with respect to the operation of the programs to 
        the extent applicable and such other provisions as in the 
        opinion of the Secretary are reasonably necessary or 
        appropriate to effectuate the purposes of this Act and the 
        Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
            ``(2) Expectations for use of funds.--Agreements described 
        in paragraph (1) shall include a provision that--
                    ``(A) supports full use of Federal funds provided 
                to State agencies for the administration of programs 
                authorized under this Act or the Child Nutrition Act of 
                1966 (42 U.S.C. 1771 et seq.); and
                    ``(B) excludes the Federal funds from State budget 
                restrictions or limitations including, at a minimum--
                            ``(i) hiring freezes;
                            ``(ii) work furloughs; and
                            ``(iii) travel restrictions.''.

SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.

    Section 12 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) (as amended by section 361) is further amended by adding 
at the end the following:
    ``(r) Disqualified Schools, Institutions, and Individuals.--Any 
school, institution, service institution, facility, or individual that 
has been terminated from any program authorized under this Act or the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and is on a list 
of disqualified institutions and individuals under section 13 or 
section 17(d)(5)(E) of this Act may not be approved to participate in 
or administer any program authorized under this Act or the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).''.

                        TITLE IV--MISCELLANEOUS

           Subtitle A--Reauthorization of Expiring Provisions

          PART 1--RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

SEC. 401. COMMODITY SUPPORT.

    Section 6(e)(1)(B) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ``September 30, 
2010'' and inserting ``September 30, 2020''.

SEC. 402. FOOD SAFETY AUDITS AND REPORTS BY STATES.

    Section 9(h) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(h)) is amended--
            (1) in paragraph (3), by striking ``2006 through 2010'' and 
        inserting ``2011 through 2015''; and
            (2) in paragraph (4), by striking ``2006 through 2010'' and 
        inserting ``2011 through 2015''.

SEC. 403. AUTHORIZATION OF THE SUMMER FOOD SERVICE PROGRAM FOR 
              CHILDREN.

    Subsection (r) of section 13 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1761) (as redesignated by section 322(1)) 
is amended by striking ``September 30, 2009'' and inserting ``September 
30, 2015''.

SEC. 404. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES.

    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended by striking subsection (j) (as redesignated by 
section 208(1)).

SEC. 405. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE MANAGEMENT 
              INSTITUTE.

    Section 21(e) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769b-1(e)) is amended--
            (1) by striking ``(e) Authorization of Appropriations'' and 
        all that follows through the end of paragraph (2)(A) and 
        inserting the following:
    ``(e) Food Service Management Institute.--
            ``(1) Funding.--
                    ``(A) In general.--In addition to any amounts 
                otherwise made available for fiscal year 2011, on 
                October 1, 2010, and each October 1 thereafter, out of 
                any funds in the Treasury not otherwise appropriated, 
                the Secretary of the Treasury shall transfer to the 
                Secretary to carry out subsection (a)(2) $5,000,000, to 
                remain available until expended.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out subsection (a)(2) the funds transferred under 
                subparagraph (A), without further appropriation.'';
            (2) by redesignating subparagraphs (B) and (C) as 
        paragraphs (2) and (3), respectively, and indenting 
        appropriately;
            (3) in paragraph (2) (as so redesignated), by striking 
        ``subparagraph (A)'' each place it appears and inserting 
        ``paragraph (1)''; and
            (4) in paragraph (3) (as so redesignated), by striking 
        ``subparagraphs (A) and (B)'' and inserting ``paragraphs (1) 
        and (2)''.

SEC. 406. FEDERAL ADMINISTRATIVE SUPPORT.

    Section 21(g)(1)(A)) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769b-1(g)(1)(A)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) on October 1, 2010, and each 
                        October 1 thereafter, $4,000,000.''.

SEC. 407. COMPLIANCE AND ACCOUNTABILITY.

    Section 22(d) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769c(d)) is amended by striking ``$6,000,000 for each of 
fiscal years 2004 through 2009'' and inserting ``$10,000,000 for each 
of fiscal years 2011 through 2015''.

SEC. 408. INFORMATION CLEARINGHOUSE.

    Section 26(d) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769g(d)) is amended in the first sentence by striking 
``$250,000 for each of fiscal years 2005 through 2009'' and inserting 
``$1,000,000 for each of fiscal years 2010 through 2015''.

                  PART 2--CHILD NUTRITION ACT OF 1966

SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT.

    Section 7(i)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 
1776(i)(4)) is amended by striking ``2005 through 2009'' and inserting 
``2010 through 2015''.

SEC. 422. STATE ADMINISTRATIVE EXPENSES.

    Section 7(j) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(j)) 
is amended by striking ``October 1, 2009'' and inserting ``October 1, 
2015''.

SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 
              AND CHILDREN.

    Section 17(g)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(g)(1)(A)) is amended by striking ``each of fiscal years 2004 
through 2009'' and inserting ``each of fiscal years 2010 through 
2015''.

SEC. 424. FARMERS MARKET NUTRITION PROGRAM.

    Section 17(m)(9) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(m)(9)) is amended by striking subparagraph (A) and inserting the 
following:
                    ``(A) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                subsection such sums as are necessary for each of 
                fiscal years 2010 through 2015.''.

                    Subtitle B--Technical Amendments

SEC. 441. TECHNICAL AMENDMENTS.

    (a) Richard B. Russell National School Lunch Act.--
            (1) Nutritional requirements.--Section 9(f) of the Richard 
        B. Russell National School Lunch Act (42 U.S.C. 1758(f)) is 
        amended--
                    (A) by striking ``(f)'' and all that follows 
                through the end of paragraph (1) and inserting the 
                following:
    ``(f) Nutritional Requirements.--
            ``(1) In general.--Schools that are participating in the 
        school lunch program or school breakfast program shall serve 
        lunches and breakfasts that--
                    ``(A) are consistent with the goals of the most 
                recent Dietary Guidelines for Americans published under 
                section 301 of the National Nutrition Monitoring and 
                Related Research Act of 1990 (7 U.S.C. 5341); and
                    ``(B) consider the nutrient needs of children who 
                may be at risk for inadequate food intake and food 
                insecurity.'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraphs (3) through (5) as 
                paragraphs (2) through (4), respectively.
            (2) Rounding rules for computation of adjustment.--Section 
        11(a)(3)(B) of the Richard B. Russell National School Lunch Act 
        (42 U.S.C. 1759a(a)(3)(B)) is amended by striking ``Rounding.--
        '' and all that follows through ``On July'' in subclause (II) 
        and inserting ``Rounding.--On July''.
            (3) Information and assistance concerning reimbursement 
        options.--Section 11 of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1759a) is amended by striking subsection 
        (f).
            (4) 1995 regulations to implement dietary guidelines.--
        Section 12 of the Richard B. Russell National School Lunch Act 
        (42 U.S.C. 1760) (as amended by section 362) is further amended 
        by striking subsection (k).
            (5) Summer food service program for children.--
                    (A) In general.--Section 13 of the Richard B. 
                Russell National School Lunch Act (42 U.S.C. 1761) is 
                amended by striking the section heading and all that 
                follows through the end of subsection (a)(1) and 
                inserting the following:

``SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

    ``(a) In General.--
            ``(1) Definitions.--In this section:
                    ``(A) Area in which poor economic conditions 
                exist.--
                            ``(i) In general.--Subject to clause (ii), 
                        the term area in which poor economic conditions 
                        exist, as the term relates to an area in which 
                        a program food service site is located, means--
                                    ``(I) the attendance area of a 
                                school in which at least 50 percent of 
                                the enrolled children have been 
                                determined eligible for free or reduced 
                                price school meals under this Act and 
                                the Child Nutrition Act of 1966 (42 
                                U.S.C. 1771 et seq.);
                                    ``(II) a geographic area, as 
                                defined by the Secretary based on the 
                                most recent census data available, in 
                                which at least 50 percent of the 
                                children residing in that area are 
                                eligible for free or reduced price 
                                school meals under this Act and the 
                                Child Nutrition Act of 1966 (42 U.S.C. 
                                1771 et seq.);
                                    ``(III) an area--
                                            ``(aa) for which the 
                                        program food service site 
                                        documents the eligibility of 
                                        enrolled children through the 
                                        collection of income 
                                        eligibility statements from the 
                                        families of enrolled children 
                                        or other means; and
                                            ``(bb) at least 50 percent 
                                        of the children enrolled at the 
                                        program food service site meet 
                                        the income standards for free 
                                        or reduced price school meals 
                                        under this Act and the Child 
                                        Nutrition Act of 1966 (42 
                                        U.S.C. 1771 et seq.);
                                    ``(IV) a geographic area, as 
                                defined by the Secretary based on 
                                information provided from a department 
                                of welfare or zoning commission, in 
                                which at least 50 percent of the 
                                children residing in that area are 
                                eligible for free or reduced price 
                                school meals under this Act and the 
                                Child Nutrition Act of 1966 (42 U.S.C. 
                                1771 et seq.); or
                                    ``(V) an area for which the program 
                                food service site demonstrates through 
                                other means approved by the Secretary 
                                that at least 50 percent of the 
                                children enrolled at the program food 
                                service site are eligible for free or 
                                reduced price school meals under this 
                                Act and the Child Nutrition Act of 1966 
                                (42 U.S.C. 1771 et seq.).
                            ``(ii) Duration of determination.--A 
                        determination that an area is an area in which 
                        poor economic conditions exist under clause (i) 
                        shall be in effect for--
                                    ``(I) in the case of an area 
                                described in clause (i)(I), 5 years;
                                    ``(II) in the case of an area 
                                described in clause (i)(II), until more 
                                recent census data are available;
                                    ``(III) in the case of an area 
                                described in clause (i)(III), 1 year; 
                                and
                                    ``(IV) in the case of an area 
                                described in subclause (IV) or (V) of 
                                clause (i), a period of time to be 
                                determined by the Secretary, but not 
                                less than 1 year.
                    ``(B) Children.--The term children means--
                            ``(i) individuals who are 18 years of age 
                        and under; and
                            ``(ii) individuals who are older than 18 
                        years of age who are--
                                    ``(I) determined by a State 
                                educational agency or a local public 
                                educational agency of a State, in 
                                accordance with regulations promulgated 
                                by the Secretary, to have a disability; 
                                and
                                    ``(II) participating in a public or 
                                nonprofit private school program 
                                established for individuals who have a 
                                disability.
                    ``(C) Program.--The term program means the summer 
                food service program for children authorized by this 
                section.
                    ``(D) Service institution.--The term service 
                institution means a public or private nonprofit school 
                food authority, local, municipal, or county government, 
                public or private nonprofit higher education 
                institution participating in the National Youth Sports 
                Program, or residential public or private nonprofit 
                summer camp, that develops special summer or school 
                vacation programs providing food service similar to 
                food service made available to children during the 
                school year under the school lunch program under this 
                Act or the school breakfast program under the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
                    ``(E) State.--The term `State' means--
                            ``(i) each of the several States of the 
                        United States;
                            ``(ii) the District of Columbia;
                            ``(iii) the Commonwealth of Puerto Rico;
                            ``(iv) Guam;
                            ``(v) American Samoa;
                            ``(vi) the Commonwealth of the Northern 
                        Mariana Islands; and
                            ``(vii) the United States Virgin 
                        Islands.''.
                    (B) Conforming amendments.--Section 13(a) of the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1761(a)) (as amended by section 113) is further 
                amended--
                            (i) in paragraph (2)--
                                    (I) by striking ``(2) To the 
                                maximum extent feasible,'' and 
                                inserting the following:
            ``(2) Program authorization.--
                    ``(A) In general.--The Secretary may carry out a 
                program to assist States, through grants-in-aid and 
                other means, to initiate and maintain nonprofit summer 
                food service programs for children in service 
                institutions.
                    ``(B) Preparation of food.--
                            ``(i) In general.--To the maximum extent 
                        feasible,''; and
                                    (II) by striking ``The Secretary 
                                shall'' and inserting the following:
                            ``(ii) Information and technical 
                        assistance.--The Secretary shall'';
                            (ii) in paragraph (3)--
                                    (I) by striking ``(3) Eligible 
                                service institutions'' and inserting 
                                the following:
            ``(3) Eligible service institutions.--Eligible service 
        institutions''; and
                                    (II) by indenting subparagraphs (A) 
                                through (D) appropriately;
                            (iii) in paragraph (4)--
                                    (I) by redesignating subparagraphs 
                                (A) through (D) as clauses (i) through 
                                (iv), respectively, and indenting 
                                appropriately;
                                    (II) by striking ``(4) The 
                                following'' and inserting the 
                                following:
            ``(4) Priority.--
                    ``(A) In general.--The following''; and
                                    (III) by striking ``The Secretary 
                                and the States'' and inserting the 
                                following:
                    ``(B) Rural areas.--The Secretary and the States'';
                            (iv) by striking ``(5) Camps'' and 
                        inserting the following:
            ``(5) Camps.--Camps''; and
                            (v) by striking ``(6) Service 
                        institutions'' and inserting the following:
            ``(6) Government institutions.--Service institutions''.
            (6) Report on impact of procedures to secure state school 
        input on commodity selection.--Section 14(d) of the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1762a(d)) is 
        amended by striking the matter that follows paragraph (5).
            (7) Rural area day care home pilot program.--Section 17 of 
        the Richard B. Russell National School Lunch Act (42 U.S.C. 
        1766) is amended by striking subsection (p).
            (8) Child and adult care food program training and 
        technical assistance.--Section 17(q) of the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1766(q)) is amended by 
        striking paragraph (3).
            (9) Pilot project for private nonprofit state agencies.--
        Section 18 of the Richard B. Russell National School Lunch Act 
        (42 U.S.C. 1769) is amended by striking subsection (a).
            (10) Meal counting and application pilot programs.--Section 
        18(c) of the Richard B. Russell National School Lunch Act (42 
        U.S.C. 1769(c)) is amended--
                    (A) by striking paragraphs (1) and (2); and
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (1) and (2), respectively.
            (11) Milk fortification pilot.--Section 18 of the Richard 
        B. Russell National School Lunch Act (42 U.S.C. 1769) is 
        amended by striking subsection (d).
            (12) Free breakfast pilot project.--Section 18 of the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 1769) 
        is amended by striking subsection (e).
            (13) Summer food service residential camp eligibility.--
        Section 18 of the Richard B. Russell National School Lunch Act 
        (42 U.S.C. 1769) is amended by striking subsection (f).
            (14) Fresh fruit and vegetable program.--Subsection (b) of 
        section 19 of the Richard B. Russell National School Lunch Act 
        (42 U.S.C. 1769a(b)) is amended to read as follows:
    ``(b) Program.--A school participating in the program--
            ``(1) shall make free fresh fruits and vegetables available 
        to students throughout the school day (or at such other times 
        as are considered appropriate by the Secretary) in 1 or more 
        areas designated by the school; and
            ``(2) may make free dried fruit available to students 
        throughout the school day (or at such other times as are 
        considered appropriate by the Secretary) in 1 or more areas 
        designated by the school only if such dried fruit--
                    ``(A) contains no added sugar; and
                    ``(B) meets any additional specifications, as 
                established by the Secretary.''.
            (15) Accommodation of the special dietary needs of 
        individuals with disabilities.--Section 27 of the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1769h) is 
        repealed.
    (b) Child Nutrition Act of 1966.--
            (1) State administrative expenses minimum levels for 2005 
        through 2007.--Section 7(a)(1) of the Child Nutrition Act of 
        1966 (42 U.S.C. 1776(a)(1)) is amended--
                    (A) in subparagraph (A), by striking ``Except as 
                provided in subparagraph (B), each fiscal year'' and 
                inserting ``Each fiscal year'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B).
            (2) Fruit and vegetable grants under the special 
        supplemental nutrition program for women, infants, and 
        children.--Section 17(f)(11) of the Child Nutrition Act of 1966 
        (42 U.S.C. 1786(f)(11)) is amended--
                    (A) by striking subparagraph (C); and
                    (B) by redesignating subparagraph (D) (as amended 
                by section 232) and subparagraph (E) as subparagraphs 
                (C) and (D), respectively.

SEC. 442. EQUIPMENT ASSISTANCE TECHNICAL CORRECTION.

    Notwithstanding any other provision of law, school food authorities 
that received a grant for equipment assistance under the grant program 
carried out under the heading ``Food and Nutrition Service Child 
Nutrition Programs'' in title I of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 119) shall be 
eligible to receive a grant under section 749(j) of the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2010 (Public Law 111-80; 123 Stat. 2134) to make 
equipment available to schools that did not previously receive 
equipment assistance under a grant under such heading (Public Law 111-
5; 123 Stat. 119).

SEC. 443. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

SEC. 444. EFFECTIVE DATE.

    Except as otherwise specifically provided in this Act or any of the 
amendments made by this Act, this Act and the amendments made by this 
Act take effect on October 1, 2010.
                                 <all>
```