II 

Calendar No. 363 

111TH CONGRESS 

2D SESSION S. 3307 

[Report No. 111–178] 

To reauthorize child nutrition programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2010 

Mrs. LINCOLN from the Committee on Agriculture, Nutrition, and Forestry 

reported the following original bill; which was read twice and placed on 

the calendar 

A BILL 

To reauthorize child nutrition programs, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Healthy, Hunger-Free Kids Act of 2010’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 


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TITLE I—A PATH TO END CHILDHOOD HUNGER 

Subtitle A—National School Lunch Program 

Sec. 101. Improving direct certification. 

Sec. 102. Categorical eligibility of foster children. 

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

Sec. 104. Eliminating individual applications through community eligibility. 

Subtitle B—Summer Food Service Program 

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

Sec. 112. Outreach to eligible families. 

Sec. 113. Summer food service support grants. 

Subtitle C—Child and Adult Care Food Program 

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

food program. 

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

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

and Children 

Sec. 131. Certification periods. 

Subtitle E—Miscellaneous 

Sec. 141. Childhood hunger research. 

Sec. 142. State childhood hunger challenge grants. 

Sec. 143. Review of local policies on meal charges and provision of alternate 

meals. 

TITLE II—REDUCING CHILDHOOD OBESITY AND IMPROVING THE 

DIETS OF CHILDREN 

Subtitle A—National School Lunch Program 

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

Sec. 202. Nutrition requirements for fluid milk. 

Sec. 203. Water. 

Sec. 204. Local school wellness policy implementation. 

Sec. 205. Equity in school lunch pricing. 

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

Sec. 207. Reporting and notification of school performance. 

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

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

Sec. 210. Organic food pilot program. 

Subtitle B—Child and Adult Care Food Program 

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

adult care food program. 

Sec. 222. Interagency coordination to promote health and wellness in child care 

licensing. 

Sec. 223. Study on nutrition and wellness quality of child care settings. 


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

Children 

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

Sec. 232. Review of available supplemental foods. 

Subtitle D—Miscellaneous 

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

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

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

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

healthy foods. 

TITLE III—IMPROVING THE MANAGEMENT AND INTEGRITY OF 

CHILD NUTRITION PROGRAMS 

Subtitle A—National School Lunch Program 

Sec. 301. Privacy protection. 

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

Sec. 303. Fines for violating program requirements. 

Sec. 304. Independent review of applications. 

Sec. 305. Program evaluation. 

Sec. 306. Professional standards for school food service. 

Sec. 307. Indirect costs. 

Sec. 308. Ensuring safety of school meals. 

Subtitle B—Summer Food Service Program 

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

Sec. 322. Summer food service program disqualification. 

Subtitle C—Child and Adult Care Food Program 

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

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

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

day care homes. 

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

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

Sec. 336. Reducing paperwork and improving program administration. 

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

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

and Children 

Sec. 351. Sharing of materials with other programs. 

Sec. 352. WIC program management. 

Sec. 353. Efficacy of foods eligible for use under the special supplemental nutrition program for women, infants, and children. 

Subtitle E—Miscellaneous 

Sec. 361. Full use of Federal funds. 


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

TITLE IV—MISCELLANEOUS 

Subtitle A—Reauthorization of Expiring Provisions 

PART I—RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 401. Commodity support. 

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

Sec. 403. Procurement training. 

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

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

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

Sec. 407. Federal administrative support. 

Sec. 408. Compliance and accountability. 

Sec. 409. Information clearinghouse. 

PART II—CHILD NUTRITION ACT OF 1966 

Sec. 421. Technology infrastructure improvement. 

Sec. 422. State administrative expenses. 

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

Sec. 424. Farmers market nutrition program. 

Subtitle B—Technical Amendments 

Sec. 441. Technical amendments. 

Sec. 442. Environmental quality incentives program. 

Sec. 443. Budgetary effects. 

Sec. 444. Effective date. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

4 TITLE I—A PATH TO END 

5 CHILDHOOD HUNGER 

6 Subtitle A—National School Lunch 

7 Program 

8 SEC. 101. IMPROVING DIRECT CERTIFICATION. 

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

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

11 1758(b)(4)) is amended— 


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1 (1) in the paragraph heading, by striking 

2 ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL NU3 TRITION ASSISTANCE PROGRAM’’; and 

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

5 ‘‘(E) PERFORMANCE AWARDS.— 

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

7 of the school years beginning July 1, 2011, 

8 July 1, 2012, and July 1, 2013, the Sec9 retary shall offer performance awards to 

10 States to encourage the States to ensure 

11 that all children eligible for direct certifi12 cation under this paragraph are certified in 

13 accordance with this paragraph. 

14 ‘‘(ii) REQUIREMENTS.—For each 

15 school year described in clause (i), the Sec16 retary shall— 

17 ‘‘(I) consider State data from the 

18 prior school year, including estimates 

19 contained in the report required under 

20 section 4301 of the Food, Conserva21 tion, and Energy Act of 2008 (42 

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

23 ‘‘(II) make performance awards 

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1 onstrate, as determined by the Sec2 retary— 

3 ‘‘(aa) outstanding perform4 ance; and 

5 ‘‘(bb) substantial improve6 ment. 

7 ‘‘(iii) USE OF FUNDS.—A State agen8 cy that receives a performance award 

9 under clause (i)— 

10 ‘‘(I) shall treat the funds as pro11 gram income; and 

12 ‘‘(II) may transfer the funds to 

13 school food authorities for use in car14 rying out the program. 

15 ‘‘(iv) FUNDING.— 

16 ‘‘(I) IN GENERAL.—On October 

17 1, 2011, and each subsequent October 

18 1 through October 1, 2013, out of any 

19 funds in the Treasury not otherwise 

20 appropriated, the Secretary of the 

21 Treasury shall transfer to the Sec22 retary— 

23 ‘‘(aa) $2,000,000 to carry 

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


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1 ‘‘(bb) $2,000,000 to carry 

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

3 ‘‘(II) RECEIPT AND ACCEPT4 ANCE.—The Secretary shall be enti5 tled to receive, shall accept, and shall 

6 use to carry out this clause the funds 

7 transferred under subclause (I), with8 out further appropriation. 

9 ‘‘(v) PAYMENTS NOT SUBJECT TO JU10 DICIAL REVIEW.—A determination by the 

11 Secretary whether, and in what amount, to 

12 make a performance award under this sub13 paragraph shall not be subject to adminis14 trative or judicial review.’’. 

15 (b) CONTINUOUS IMPROVEMENT PLANS.—Section 

16 9(b)(4) of the Richard B. Russell National School Lunch 

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

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

19 ‘‘(F) CONTINUOUS IMPROVEMENT

20 PLANS.— 

21 ‘‘(i) DEFINITION OF REQUIRED PER22 CENTAGE.—In this subparagraph, the term 

23 ‘required percentage’ means— 

24 ‘‘(I) for the school year beginning 

25 July 1, 2011, 80 percent; 


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1 ‘‘(II) for the school year begin2 ning July 1, 2012, 90 percent; and 

3 ‘‘(III) for the school year begin4 ning July 1, 2013, and each school 

5 year thereafter, 95 percent. 

6 ‘‘(ii) REQUIREMENTS.—Each school 

7 year, the Secretary shall— 

8 ‘‘(I) identify, using estimates 

9 contained in the report required under 

10 section 4301 of the Food, Conserva11 tion, and Energy Act of 2008 (42 

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

13 certify less than the required percent14 age of the total number of children in 

15 the State who are eligible for direct 

16 certification under this paragraph; 

17 ‘‘(II) require the States identified 

18 under subclause (I) to implement a 

19 continuous improvement plan to fully 

20 meet the requirements of this para21 graph, which shall include a plan to 

22 improve direct certification for the fol23 lowing school year; and 

24 ‘‘(III) assist the States identified 

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1 plement a continuous improvement 

2 plan in accordance with subclause 

3 (II). 

4 ‘‘(iii) FAILURE TO MEET PERFORM5 ANCE STANDARD.— 

6 ‘‘(I) IN GENERAL.—A State that 

7 is required to develop and implement 

8 a continuous improvement plan under 

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

11 to the Secretary, for the approval of 

12 the Secretary. 

13 ‘‘(II) REQUIREMENTS.—At a 

14 minimum, a continuous improvement 

15 plan under subclause (I) shall in16 clude— 

17 ‘‘(aa) specific measures that 

18 the State will use to identify 

19 more children who are eligible for 

20 direct certification, including im21 provements or modifications to 

22 technology, information systems, 

23 or databases; 


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1 ‘‘(bb) a timeline for the 

2 State to implement those meas3 ures; and 

4 ‘‘(cc) goals for the State to 

5 improve direct certification re6 sults.’’. 

7 (c) WITHOUT FURTHER APPLICATION.—Section 

8 9(b)(4) of the Richard B. Russell National School Lunch 

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

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

11 ‘‘(G) WITHOUT FURTHER APPLICATION.— 

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

13 the term ‘without further application’ 

14 means that no action is required by the 

15 household of the child. 

16 ‘‘(ii) CLARIFICATION.—A requirement 

17 that a household return a letter notifying 

18 the household of eligibility for direct cer19 tification or eligibility for free school meals 

20 does not meet the requirements of clause 

21 (i).’’. 


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1 SEC. 102. CATEGORICAL ELIGIBILITY OF FOSTER CHIL2 DREN. 

3 (a) DISCRETIONARY CERTIFICATION.—Section 

4 9(b)(5) of the Richard B. Russell National School Lunch 

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

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

7 the end; 

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

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

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

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

12 placement is the responsibility of an agency 

13 that administers a State plan under part B or 

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

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

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

17 with a caretaker household.’’. 

18 (b) CATEGORICAL ELIGIBILITY.—Section 

19 9(b)(12)(A) of the Richard B. Russell National School 

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

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

22 semicolon at the end; 

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

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

25 end and inserting ‘‘; or’’; and 

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


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

2 placement is the responsibility of an agen3 cy that administers a State plan under 

4 part B or E of title IV of the Social Secu5 rity Act (42 U.S.C. 621 et seq.); or 

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

7 placed with a caretaker household.’’. 

8 (c) DOCUMENTATION.—Section 9(d)(2) of the Rich9 ard B. Russell National School Lunch Act (42 U.S.C. 

10 1758(d)(2)) is amended— 

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

12 the end; 

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

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

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

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

17 to the appropriate local educational agency 

18 showing the status of the child as a foster child 

19 whose care and placement is the responsibility 

20 of an agency that administers a State plan 

21 under part B or E of title IV of the Social Se22 curity Act (42 U.S.C. 621 et seq.); or 

23 ‘‘(ii) documentation has been provided to 

24 the appropriate local educational agency show25 ing the status of the child as a foster child who 


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1 a court has placed with a caretaker house2 hold.’’. 

3 SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIV4 ING MEDICAID BENEFITS. 

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

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

7 is amended by adding at the end the following: 

8 ‘‘(15) DIRECT CERTIFICATION FOR CHILDREN

9 RECEIVING MEDICAID BENEFITS.— 

10 ‘‘(A) DEFINITIONS.—In this paragraph: 

11 ‘‘(i) ELIGIBLE CHILD.—The term ‘eli12 gible child’ means a child— 

13 ‘‘(I)(aa) who is eligible for and 

14 receiving medical assistance under the 

15 Medicaid program; and 

16 ‘‘(bb) who is a member of a fam17 ily with an income as measured by the 

18 Medicaid program before the applica19 tion of any expense, block, or other in20 come disregard, that does not exceed 

21 133 percent of the poverty line (as de22 fined in section 673(2) of the Commu23 nity Services Block Grant Act (42 

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

25 required by such section)) applicable 


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1 to a family of the size used for pur2 poses of determining eligibility for the 

3 Medicaid program; or 

4 ‘‘(II) who is a member of a 

5 household (as that term is defined in 

6 section 245.2 of title 7, Code of Fed7 eral Regulations (or successor regula8 tions) with a child described in sub9 clause (I). 

10 ‘‘(ii) MEDICAID PROGRAM.—The term 

11 ‘Medicaid program’ means the program of 

12 medical assistance established under title 

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

14 1396 et seq.). 

15 ‘‘(B) DEMONSTRATION PROJECT.— 

16 ‘‘(i) IN GENERAL.—The Secretary, 

17 acting through the Administrator of the 

18 Food and Nutrition Service and in co19 operation with selected State agencies, 

20 shall conduct a demonstration project in 

21 selected local educational agencies to deter22 mine whether direct certification of eligible 

23 children is an effective method of certifying 

24 children for free lunches and breakfasts 

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


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1 section 4(e)(1)(A) of the Child Nutrition 

2 Act of 1966 (42 U.S.C. 1773(e)(1)(A)). 

3 ‘‘(ii) SCOPE OF PROJECT.—The Sec4 retary shall carry out the demonstration 

5 project under this subparagraph— 

6 ‘‘(I) for the school year beginning 

7 July 1, 2012, in selected local edu8 cational agencies that collectively 

9 serve 2.5 percent of students certified 

10 for free and reduced price meals na11 tionwide, based on the most recent 

12 available data; 

13 ‘‘(II) for the school year begin14 ning July 1, 2013, in selected local 

15 educational agencies that collectively 

16 serve 5 percent of students certified 

17 for free and reduced price meals na18 tionwide, based on the most recent 

19 available data; and 

20 ‘‘(III) for the school year begin21 ning July 1, 2014, and each subse22 quent school year, in selected local 

23 educational agencies that collectively 

24 serve 10 percent of students certified 

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1 tionwide, based on the most recent 

2 available data. 

3 ‘‘(iii) PURPOSES OF THE PROJECT.— 

4 At a minimum, the purposes of the dem5 onstration project shall be— 

6 ‘‘(I) to determine the potential of 

7 direct certification with the Medicaid 

8 program to reach children who are eli9 gible for free meals but not certified 

10 to receive the meals; 

11 ‘‘(II) to determine the potential 

12 of direct certification with the Med13 icaid program to directly certify chil14 dren who are enrolled for free meals 

15 based on a household application; and 

16 ‘‘(III) to provide an estimate of 

17 the effect on Federal costs and on 

18 participation in the school lunch pro19 gram under this Act and the school 

20 breakfast program established by sec21 tion 4 of the Child Nutrition Act of 

22 1966 (42 U.S.C. 1773) of direct cer23 tification with the Medicaid program. 

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

25 school years of the demonstration project, 


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1 the Secretary shall estimate the cost of the 

2 direct certification of eligible children for 

3 free school meals through data derived 

4 from— 

5 ‘‘(I) the school meal programs 

6 authorized under this Act and the 

7 Child Nutrition Act of 1966 (42 

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

9 ‘‘(II) the Medicaid program; and 

10 ‘‘(III) interviews with a statis11 tically representative sample of house12 holds. 

13 ‘‘(C) AGREEMENT.— 

14 ‘‘(i) IN GENERAL.—Not later than 

15 July 1 of the first school year during 

16 which a State agency will participate in the 

17 demonstration project, the State agency 

18 shall enter into an agreement with the 1 or 

19 more State agencies conducting eligibility 

20 determinations for the Medicaid program. 

21 ‘‘(ii) WITHOUT FURTHER APPLICA22 TION.—Subject to paragraph (6), the 

23 agreement described in subparagraph (D) 

24 shall establish procedures under which an 

25 eligible child shall be certified for free 


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1 lunches under this Act and free breakfasts 

2 under section 4 of the Child Nutrition Act 

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

4 application (as defined in paragraph 

5 (4)(G)). 

6 ‘‘(D) CERTIFICATION.—For the school 

7 year beginning on July 1, 2012, and each sub8 sequent school year, subject to paragraph (6), 

9 the local educational agencies participating in 

10 the demonstration project shall certify an eligi11 ble child as eligible for free lunches under this 

12 Act and free breakfasts under the Child Nutri13 tion Act of 1966 (42 U.S.C. 1771 et seq.), 

14 without further application (as defined in para15 graph (4)(G)). 

16 ‘‘(E) SITE SELECTION.— 

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

18 participate in the demonstration project 

19 under this subsection, a State agency shall 

20 submit to the Secretary an application at 

21 such time, in such manner, and containing 

22 such information as the Secretary may re23 quire. 

24 ‘‘(ii) CONSIDERATIONS.—In selecting 

25 States and local educational agencies for 


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1 participation in the demonstration project, 

2 the Secretary may take into consideration 

3 such factors as the Secretary considers to 

4 be appropriate, which may include— 

5 ‘‘(I) the rate of direct certifi6 cation; 

7 ‘‘(II) the share of individuals who 

8 are eligible for benefits under the sup9 plemental nutrition assistance pro10 gram established under the Food and 

11 Nutrition Act of 2008 (7 U.S.C. 2011 

12 et seq.) who participate in the pro13 gram, as determined by the Secretary; 

14 ‘‘(III) the income eligibility limit 

15 for the Medicaid program; 

16 ‘‘(IV) the feasibility of matching 

17 data between local educational agen18 cies and the Medicaid program; 

19 ‘‘(V) the socioeconomic profile of 

20 the State or local educational agen21 cies; and 

22 ‘‘(VI) the willingness of the State 

23 and local educational agencies to com24 ply with the requirements of the dem25 onstration project. 


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

2 conducting the demonstration project under this 

3 paragraph, the Secretary shall have access to— 

4 ‘‘(i) educational and other records of 

5 State and local educational and other 

6 agencies and institutions receiving funding 

7 or providing benefits for 1 or more pro8 grams authorized under this Act or the 

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

10 1771 et seq.); and 

11 ‘‘(ii) income and program participa12 tion information from public agencies ad13 ministering the Medicaid program. 

14 ‘‘(G) REPORT TO CONGRESS.—Not later 

15 than October 1, 2014, the Secretary shall sub16 mit to the Committee on Education and Labor 

17 of the House of Representatives and the Com18 mittee on Agriculture, Nutrition, and Forestry 

19 of the Senate, a report that describes the re20 sults of the demonstration project required 

21 under this paragraph. 

22 ‘‘(H) FUNDING.— 

23 ‘‘(i) IN GENERAL.—On October 1, 

24 2010, out of any funds in the Treasury not 

25 otherwise appropriated, the Secretary of 


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1 the Treasury shall transfer to the Sec2 retary to carry out subparagraph (G) 

3 $5,000,000, to remain available until ex4 pended. 

5 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

6 The Secretary shall be entitled to receive, 

7 shall accept, and shall use to carry out 

8 subparagraph (G) the funds transferred 

9 under clause (i), without further appro10 priation.’’. 

11 (b) DOCUMENTATION.—Section 9(d)(2) of the Rich12 ard B. Russell National School Lunch Act (42 U.S.C. 

13 1758(d)(2)) (as amended by section 102(c)) is amended— 

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

15 the end; 

16 (2) in subparagraph (F)(ii), by striking the pe17 riod at the end and inserting ‘‘; or’’; and 

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

19 ‘‘(G) documentation has been provided to 

20 the appropriate local educational agency show21 ing the status of the child as an eligible child 

22 (as defined in subsection (b)(15)(A)).’’. 

23 (c) AGREEMENT FOR DIRECT CERTIFICATION AND

24 COOPERATION BY STATE MEDICAID AGENCIES.— 


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

2 Social Security Act (42 U.S.C. 1396a(a)(7)) is 

3 amended to read as follows: 

4 ‘‘(7) provide— 

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

6 disclosure of information concerning applicants 

7 and recipients to purposes directly connected 

8 with— 

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

10 and 

11 ‘‘(ii) the exchange of information nec12 essary to certify or verify the certification 

13 of eligibility of children for free or reduced 

14 price breakfasts under the Child Nutrition 

15 Act of 1966 and free or reduced price 

16 lunches under the Richard B. Russell Na17 tional School Lunch Act, in accordance 

18 with section 9(b) of that Act, using data 

19 standards and formats established by the 

20 State agency; and 

21 ‘‘(B) that, notwithstanding the Express 

22 Lane option under subsection (e)(13), the State 

23 may enter into an agreement with the State 

24 agency administering the school lunch program 

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1 tional School Lunch Act under which the State 

2 shall establish procedures to ensure that— 

3 ‘‘(i) a child receiving medical assist4 ance under the State plan under this title 

5 whose family income does not exceed 133 

6 percent of the poverty line (as defined in 

7 section 673(2) of the Community Services 

8 Block Grant Act, including any revision re9 quired by such section), as determined 

10 without regard to any expense, block, or 

11 other income disregard, applicable to a 

12 family of the size involved, may be certified 

13 as eligible for free lunches under the Rich14 ard B. Russell National School Lunch Act 

15 and free breakfasts under the Child Nutri16 tion Act of 1966 without further applica17 tion; and 

18 ‘‘(ii) the State agencies responsible for 

19 administering the State plan under this 

20 title, and for carrying out child nutrition 

21 programs (as defined in section 25(b) of 

22 the Richard B. Russell National School 

23 Lunch Act) cooperate in carrying out para24 graphs (3)(F) and (15) of section 9(b) of 

25 that Act;’’. 


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1 (2) EFFECTIVE DATE.— 

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

3 subparagraph (B), the amendments made by 

4 this subsection shall take effect on the date of 

5 enactment of this Act. 

6 (B) EXTENSION OF EFFECTIVE DATE FOR

7 STATE LAW AMENDMENT.—In the case of a 

8 State plan under title XIX of the Social Secu9 rity Act (42 U.S.C. 1396 et seq.) which the 

10 Secretary of Health and Human Services deter11 mines requires State legislation in order for the 

12 plan to meet the additional requirements im13 posed by the amendments made by this section, 

14 the State plan shall not be regarded as failing 

15 to comply with the requirements of the amend16 ments made by this section solely on the basis 

17 of its failure to meet such additional require18 ments before the first day of the first calendar 

19 quarter beginning after the close of the first 

20 regular session of the State legislature that be21 gins after the date of the enactment of this Act. 

22 For purposes of the previous sentence, in the 

23 case of a State that has a 2-year legislative ses24 sion, each year of the session is considered to 


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1 be a separate regular session of the State legis2 lature. 

3 (d) CONFORMING AMENDMENTS.—Section 444(b)(1) 

4 of the General Education Provisions Act (20 U.S.C. 

5 1232g(b)(1)) is amended— 

6 (1) in subparagraph (I), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (J)(ii), by striking the pe9 riod at the end and inserting ‘‘; and’’; 

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

11 ‘‘(K) the Secretary of Agriculture for the pur12 poses of conducting program monitoring, evalua13 tions, and performance measurements of State and 

14 local educational and other agencies and institutions 

15 receiving funding or providing benefits of 1 or more 

16 programs authorized under the Richard B. Russell 

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

18 or the Child Nutrition Act of 1966 (42 U.S.C. 1771 

19 et seq.) for which the results will be reported in an 

20 aggregate form that does not identify any indi21 vidual.’’. 

22 SEC. 104. ELIMINATING INDIVIDUAL APPLICATIONS 

23 THROUGH COMMUNITY ELIGIBILITY. 

24 (a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY

25 AREAS.— 


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

2 Richard B. Russell National School Lunch Act (42 

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

4 end the following: 

5 ‘‘(F) UNIVERSAL MEAL SERVICE IN HIGH

6 POVERTY AREAS.— 

7 ‘‘(i) DEFINITION OF IDENTIFIED STU8 DENTS.—The term ‘identified students’ 

9 means students certified based on docu10 mentation of benefit receipt or categorical 

11 eligibility as described in section 

12 245.6a(c)(2) of title 7, Code of Federal 

13 Regulations (or successor regulations). 

14 ‘‘(ii) ELECTION OF SPECIAL ASSIST15 ANCE PAYMENTS.— 

16 ‘‘(I) IN GENERAL.—A local edu17 cational agency may, for all schools in 

18 the district or on behalf of certain 

19 schools in the district, elect to receive 

20 special assistance payments under this 

21 subparagraph in lieu of special assist22 ance payments otherwise made avail23 able under this paragraph based on 

24 applications for free and reduced price 

25 lunches if— 


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1 ‘‘(aa) during a period of 4 

2 successive school years, the local 

3 educational agency elects to serve 

4 all children in the applicable 

5 schools free lunches and break6 fasts under the school lunch pro7 gram under this Act and the 

8 school breakfast program estab9 lished under section 4 of the 

10 Child Nutrition Act of 1966 (42 

11 U.S.C. 1773); 

12 ‘‘(bb) the local educational 

13 agency pays, from sources other 

14 than Federal funds, the costs of 

15 serving the lunches or breakfasts 

16 that are in excess of the value of 

17 assistance received under this Act 

18 and the Child Nutrition Act of 

19 1966 (42 U.S.C. 1771 et seq.); 

20 ‘‘(cc) the local educational 

21 agency is not a residential child 

22 care institution (as that term is 

23 used in section 210.2 of title 7, 

24 Code of Federal Regulations (or 

25 successor regulations)); and 


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1 ‘‘(dd) during the school year 

2 prior to the first year of the pe3 riod for which the local edu4 cational agency elects to receive 

5 special assistance payments 

6 under this subparagraph, the 

7 local educational agency or school 

8 had a percentage of enrolled stu9 dents who were identified stu10 dents that meets or exceeds the 

11 threshold described in clause 

12 (viii). 

13 ‘‘(II) ELECTION TO STOP RE14 CEIVING PAYMENTS.—A local edu15 cational agency may, for all schools in 

16 the district or on behalf of certain 

17 schools in the district, elect to stop re18 ceiving special assistance payments 

19 under this subparagraph for the fol20 lowing school year by notifying the 

21 State agency not later than June 30 

22 of the current school year of the in23 tention to stop receiving special assist24 ance payments under this subpara25 graph 


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1 ‘‘(iii) FIRST YEAR OF OPTION.— 

2 ‘‘(I) SPECIAL ASSISTANCE PAY3 MENT.—For each month of the first 

4 school year of the 4-year period dur5 ing which a school or local educational 

6 agency elects to receive payments 

7 under this subparagraph, special as8 sistance payments at the rate for free 

9 meals shall be made under this sub10 paragraph for a percentage of all re11 imbursable meals served in an amount 

12 equal to the product obtained by mul13 tiplying— 

14 ‘‘(aa) the multiplier de15 scribed in clause (vii); by 

16 ‘‘(bb) the percentage of 

17 identified students at the school 

18 or local educational agency as of 

19 April 1 of the prior school year, 

20 up to a maximum of 100 percent. 

21 ‘‘(II) PAYMENT FOR OTHER

22 MEALS.—The percentage of meals 

23 served that is not described in sub24 clause (I) shall be reimbursed at the 

25 rate provided under section 4. 


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1 ‘‘(iv) SECOND, THIRD, OR FOURTH

2 YEAR OF OPTION.— 

3 ‘‘(I) SPECIAL ASSISTANCE PAY4 MENT.—For each month of the sec5 ond, third, or fourth school year of 

6 the 4-year period during which a 

7 school or local educational agency 

8 elects to receive payments under this 

9 subparagraph, special assistance pay10 ments at the rate for free meals shall 

11 be made under this subparagraph for 

12 a percentage of all reimbursable meals 

13 served in an amount equal to the 

14 product obtained by multiplying— 

15 ‘‘(aa) the multiplier de16 scribed in clause (vii); by 

17 ‘‘(bb) the higher of the per18 centage of identified students at 

19 the school or local educational 

20 agency as of April 1 of the prior 

21 school year or the percentage of 

22 identified students at the school 

23 or local educational agency as of 

24 April 1 of the school year prior to 

25 the first year that the school or 


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1 local educational agency elected 

2 to receive special assistance pay3 ments under this subparagraph, 

4 up to a maximum of 100 percent. 

5 ‘‘(II) PAYMENT FOR OTHER

6 MEALS.—The percentage of meals 

7 served that is not described in sub8 clause (I) shall be reimbursed at the 

9 rate provided under section 4. 

10 ‘‘(v) GRACE YEAR.— 

11 ‘‘(I) IN GENERAL.—If, not later 

12 than April 1 of the fourth year of a 

13 4-year period described in clause 

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

15 agency has a percentage of enrolled 

16 students who are identified students 

17 that meets or exceeds a percentage 

18 that is 10 percentage points lower 

19 than the threshold described in clause 

20 (viii), the school or local educational 

21 agency may elect to receive special as22 sistance payments under subclause 

23 (II) for an additional grace year. 

24 ‘‘(II) SPECIAL ASSISTANCE PAY25 MENT.—For each month of a grace 


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1 year, special assistance payments at 

2 the rate for free meals shall be made 

3 under this subparagraph for a per4 centage of all reimbursable meals 

5 served in an amount equal to the 

6 product obtained by multiplying— 

7 ‘‘(aa) the multiplier de8 scribed in clause (vii); by 

9 ‘‘(bb) the percentage of 

10 identified students at the school 

11 or local educational agency as of 

12 April 1 of the prior school year, 

13 up to a maximum of 100 percent. 

14 ‘‘(III) PAYMENT FOR OTHER

15 MEALS.—The percentage of meals 

16 served that is not described in sub17 clause (II) shall be reimbursed at the 

18 rate provided under section 4. 

19 ‘‘(vi) APPLICATIONS.—A school or 

20 local educational agency that receives spe21 cial assistance payments under this sub22 paragraph may not be required to collect 

23 applications for free and reduced price 

24 lunches. 

25 ‘‘(vii) MULTIPLIER.— 


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1 ‘‘(I) PHASE-IN.—For each school 

2 year beginning on or before July 1, 

3 2013, the multiplier shall be 1.6. 

4 ‘‘(II) FULL IMPLEMENTATION.— 

5 For each school year beginning on or 

6 after July 1, 2014, the Secretary may 

7 use, as determined by the Secretary— 

8 ‘‘(aa) a multiplier between 

9 1.3 and 1.6; and 

10 ‘‘(bb) subject to item (aa), a 

11 different multiplier for different 

12 schools or local educational agen13 cies. 

14 ‘‘(viii) THRESHOLD.— 

15 ‘‘(I) PHASE-IN.—For each school 

16 year beginning on or before July 1, 

17 2013, the threshold shall be 40 per18 cent. 

19 ‘‘(II) FULL IMPLEMENTATION.— 

20 For each school year beginning on or 

21 after July 1, 2014, the Secretary may 

22 use a threshold that is less than 40 

23 percent. 

24 ‘‘(ix) PHASE-IN.— 


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1 ‘‘(I) IN GENERAL.—In selecting 

2 States for participation during the 

3 phase-in period, the Secretary shall 

4 select States with an adequate num5 ber and variety of schools and local 

6 educational agencies that could ben7 efit from the option under this sub8 paragraph, as determined by the Sec9 retary. 

10 ‘‘(II) LIMITATION.—The Sec11 retary may not approve additional 

12 schools and local educational agencies 

13 to receive special assistance payments 

14 under this subparagraph after the 

15 Secretary has approved schools and 

16 local educational agencies in— 

17 ‘‘(aa) for the school year be18 ginning on July 1, 2011, 3 

19 States; and 

20 ‘‘(bb) for each of the school 

21 years beginning July 1, 2012 and 

22 July 1, 2013, an additional 4 

23 States per school year. 

24 ‘‘(x) ELECTION OF OPTION.— 


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1 ‘‘(I) IN GENERAL.—For each 

2 school year beginning on or after July 

3 1, 2014, any local educational agency 

4 eligible to make the election described 

5 in clause (ii) for all schools in the dis6 trict or on behalf of certain schools in 

7 the district may elect to receive spe8 cial assistance payments under clause 

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

10 later than June 30 of the current 

11 school year, the local educational 

12 agency submits to the State agency 

13 the percentage of identified students 

14 at the school or local educational 

15 agency. 

16 ‘‘(II) STATE AGENCY NOTIFICA17 TION.—Not later than May 1 of each 

18 school year beginning on or after July 

19 1, 2011, each State agency with 

20 schools or local educational agencies 

21 that may be eligible to elect to receive 

22 special assistance payments under this 

23 subparagraph shall notify— 

24 ‘‘(aa) each local educational 

25 agency that meets or exceeds the 


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1 threshold described in clause 

2 (viii) that the local educational 

3 agency is eligible to elect to re4 ceive special assistance payments 

5 under clause (iii) for the next 4 

6 school years, of the blended reim7 bursement rate the local edu8 cational agency would receive 

9 under clause (iii), and of the pro10 cedures for the local educational 

11 agency to make the election; 

12 ‘‘(bb) each local educational 

13 agency that receives special as14 sistance payments under clause 

15 (iii) of the blended reimburse16 ment rate the local educational 

17 agency would receive under 

18 clause (iv); 

19 ‘‘(cc) each local educational 

20 agency in the fourth year of 

21 electing to receive special assist22 ance payments under this sub23 paragraph that meets or exceeds 

24 a percentage that is 10 percent25 age points lower than the threshVerDate Mar 15 2010 23:31 May 05, 2010 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3307.PCS S3307

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1 old described in clause (viii) and 

2 that receives special assistance 

3 payments under clause (iv), that 

4 the local educational agency may 

5 continue to receive such pay6 ments for the next school year, of 

7 the blended reimbursement rate 

8 the local educational agency 

9 would receive under clause (v), 

10 and of the procedures for the 

11 local educational agency to make 

12 the election; and 

13 ‘‘(dd) each local educational 

14 agency that meets or exceeds a 

15 percentage that is 10 percentage 

16 points lower than the threshold 

17 described in clause (viii) that the 

18 local educational agency may be 

19 eligible to elect to receive special 

20 assistance payments under clause 

21 (iii) if the threshold described in 

22 clause (viii) is met by April 1 of 

23 the school year or if the thresh24 old is met for a subsequent 

25 school year. 


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1 ‘‘(III) PUBLIC NOTIFICATION OF

2 LOCAL EDUCATIONAL AGENCIES.— 

3 Not later than May 1 of each school 

4 year beginning on or after July 1, 

5 2011, each State agency with 1 or 

6 more schools or local educational 

7 agencies eligible to elect to receive 

8 special assistance payments under 

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

12 agencies receiving notices under sub13 clause (II). 

14 ‘‘(IV) PUBLIC NOTIFICATION OF

15 SCHOOLS.—Not later than May 1 of 

16 each school year beginning on or after 

17 July 1, 2011, each local educational 

18 agency in a State with 1 or more 

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

21 (iii) shall submit to the State agency, 

22 and the State agency shall publish— 

23 ‘‘(aa) a list of the schools 

24 that meet or exceed the threshold 

25 described in clause (viii); 


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1 ‘‘(bb) a list of the schools 

2 that meet or exceed a percentage 

3 that is 10 percentage points 

4 lower than the threshold de5 scribed in clause (viii) and that 

6 are in the fourth year of receiv7 ing special assistance payments 

8 under clause (iv); and 

9 ‘‘(cc) a list of the schools 

10 that meet or exceed a percentage 

11 that is 10 percentage points 

12 lower than the threshold de13 scribed in clause (viii). 

14 ‘‘(xi) IMPLEMENTATION.— 

15 ‘‘(I) GUIDANCE.—Not later than 

16 90 days after the date of enactment of 

17 this subparagraph, the Secretary shall 

18 issue guidance to implement this sub19 paragraph. 

20 ‘‘(II) REGULATIONS.—Not later 

21 than December 31, 2013, the Sec22 retary shall promulgate regulations 

23 that establish procedures for State 

24 agencies, local educational agencies, 

25 and schools to meet the requirements 


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1 of this subparagraph, including exer2 cising the option described in this sub3 paragraph. 

4 ‘‘(III) PUBLICATION.—If the 

5 Secretary uses the authority provided 

6 in clause (vii)(II)(bb) to use a dif7 ferent multiplier for different schools 

8 or local educational agencies, for each 

9 school year beginning on or after July 

10 1, 2014, not later than April 1, 2014, 

11 the Secretary shall publish on the 

12 website of the Secretary a table that 

13 indicates— 

14 ‘‘(aa) each local educational 

15 agency that may elect to receive 

16 special assistance payments 

17 under clause (ii); 

18 ‘‘(bb) the blended reimburse19 ment rate that each local edu20 cational agency would receive; 

21 and 

22 ‘‘(cc) an explanation of the 

23 methodology used to calculate the 

24 multiplier or threshold for each 


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1 school or local educational agen2 cy. 

3 ‘‘(xii) REPORT.—Not later than De4 cember 31, 2013, the Secretary shall pub5 lish a report that describes— 

6 ‘‘(I) an estimate of the number 

7 of schools and local educational agen8 cies eligible to elect to receive special 

9 assistance payments under this sub10 paragraph that do not elect to receive 

11 the payments; 

12 ‘‘(II) for schools and local edu13 cational agencies described in sub14 clause (I)— 

15 ‘‘(aa) barriers to participa16 tion in the special assistance op17 tion under this subparagraph, as 

18 described by the nonparticipating 

19 schools and local educational 

20 agencies; and 

21 ‘‘(bb) changes to the special 

22 assistance option under this sub23 paragraph that would make eligi24 ble schools and local educational 

25 agencies more likely to elect to 


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1 receive special assistance pay2 ments; 

3 ‘‘(III) for schools and local edu4 cational agencies that elect to receive 

5 special assistance payments under this 

6 subparagraph— 

7 ‘‘(aa) the number of schools 

8 and local educational agencies; 

9 ‘‘(bb) an estimate of the per10 centage of identified students and 

11 the percentage of enrolled stu12 dents who were certified to re13 ceive free or reduced price meals 

14 in the school year prior to the 

15 election to receive special assist16 ance payments under this sub17 paragraph, and a description of 

18 how the ratio between those per19 centages compares to 1.6; 

20 ‘‘(cc) an estimate of the 

21 number and share of schools and 

22 local educational agencies in 

23 which more than 80 percent of 

24 students are certified for free or 

25 reduced price meals that elect to 


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1 receive special assistance pay2 ments under that clause; and 

3 ‘‘(dd) whether any of the 

4 schools or local educational agen5 cies stopped electing to receive 

6 special assistance payments 

7 under this subparagraph; 

8 ‘‘(IV) the impact of electing to 

9 receive special assistance payments 

10 under this subparagraph on— 

11 ‘‘(aa) program integrity; 

12 ‘‘(bb) whether a breakfast 

13 program is offered; 

14 ‘‘(cc) the type of breakfast 

15 program offered; 

16 ‘‘(dd) the nutritional quality 

17 of school meals; and 

18 ‘‘(ee) program participation; 

19 and 

20 ‘‘(V) the multiplier and thresh21 old, as described in clauses (vii) and 

22 (viii) respectively, that the Secretary 

23 will use for each school year beginning 

24 on or after July 1, 2014 and the raVerDate Mar 15 2010 23:31 May 05, 2010 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S3307.PCS S3307

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1 tionale for any change in the multi2 plier or threshold. 

3 ‘‘(xiii) FUNDING.— 

4 ‘‘(I) IN GENERAL.—On October 

5 1, 2010, out of any funds in the 

6 Treasury not otherwise appropriated, 

7 the Secretary of the Treasury shall 

8 transfer to the Secretary to carry out 

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

10 available until September 30, 2014. 

11 ‘‘(II) RECEIPT AND ACCEPT12 ANCE.—The Secretary shall be enti13 tled to receive, shall accept, and shall 

14 use to carry out clause (xii) the funds 

15 transferred under subclause (I), with16 out further appropriation.’’. 

17 (2) CONFORMING AMENDMENTS.—Section 

18 11(a)(1)(B) of the Richard B. Russell National 

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

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

21 (F)’’. 

22 (b) UNIVERSAL MEAL SERVICE THROUGH CENSUS

23 DATA.—Section 11 of the Richard B. Russell National 

24 School Lunch Act (42 U.S.C. 1759a) is amended by add25 ing at the end the following: 


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1 ‘‘(g) UNIVERSAL MEAL SERVICE THROUGH CENSUS

2 DATA.— 

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

4 practicable, the Secretary shall identify alternatives 

5 to— 

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

7 meals provided by school lunch programs under 

8 this Act and the school breakfast program es9 tablished by section 4 of the Child Nutrition 

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

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

12 basis for eligibility to receive free meals or re13 duced price meals under this Act. 

14 ‘‘(2) RECOMMENDATIONS.— 

15 ‘‘(A) IN GENERAL.—In identifying alter16 natives under paragraph (1), the Secretary 

17 shall consider the recommendations of the Com18 mittee on National Statistics of the National 

19 Academy of Sciences relating to use of the 

20 American Community Survey of the Bureau of 

21 the Census and other data sources. 

22 ‘‘(B) USE OF RECOMMENDATION.—Rec23 ommendations described in subparagraph (A) 

24 that provide accurate and effective means of 


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1 providing meal reimbursement consistent with 

2 the eligibility status of students may be— 

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

4 by school food authorities that agree— 

5 ‘‘(I) to serve all breakfasts and 

6 lunches to students at no cost in ac7 cordance with regulations issued by 

8 the Secretary; and 

9 ‘‘(II) to pay, from sources other 

10 than Federal funds, the costs of serv11 ing any lunches and breakfasts that 

12 are in excess of the value of assistance 

13 received under this Act or the Child 

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

15 1771 et seq.) with respect to the num16 ber of lunches and breakfasts served 

17 during the applicable period; or 

18 ‘‘(ii) further tested through dem19 onstration projects carried out by the Sec20 retary in accordance with subparagraph 

21 (C). 

22 ‘‘(C) DEMONSTRATION PROJECTS.— 

23 ‘‘(i) IN GENERAL.—For the purpose 

24 of carrying out demonstration projects de25 scribed in subparagraph (B), the Secretary 


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1 may waive any requirement of this Act re2 lating to— 

3 ‘‘(I) counting of meals provided 

4 by school lunch or breakfast pro5 grams; 

6 ‘‘(II) applications for eligibility 

7 for free or reduced priced meals; or 

8 ‘‘(III) required direct certifi9 cation under section 9(b)(4). 

10 ‘‘(ii) NUMBER OF PROJECTS.—The 

11 Secretary shall carry out demonstration 

12 projects under this paragraph in not more 

13 than 5 local educational agencies for each 

14 alternative model that is being tested. 

15 ‘‘(iii) LIMITATION.—A demonstration 

16 project carried out under this paragraph 

17 shall have a duration of not more than 3 

18 years. 

19 ‘‘(iv) EVALUATION.—The Secretary 

20 shall evaluate each demonstration project 

21 carried out under this paragraph in ac22 cordance with procedures established by 

23 the Secretary. 

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

25 evaluations under clause (iv), the Secretary 


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1 shall evaluate, using comparisons with 

2 local educational agencies with similar de3 mographic characteristics— 

4 ‘‘(I) the accuracy of the 1 or 

5 more methodologies adopted as com6 pared to the daily counting by cat7 egory of meals provided by school 

8 meal programs under this Act or the 

9 Child Nutrition Act of 1966 (42 

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

11 annual applications as the basis for 

12 eligibility to receive free or reduced 

13 price meals under those Acts; 

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

15 methodologies adopted on participa16 tion in programs under those Acts; 

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

18 methodologies adopted on administra19 tion of programs under those Acts; 

20 and 

21 ‘‘(IV) such other matters as the 

22 Secretary determines to be appro23 priate.’’. 


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1 Subtitle B—Summer Food Service 

2 Program 

3 SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC 

4 AND PRIVATE SPONSORS. 

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

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

7 striking paragraph (7) and inserting the following: 

8 ‘‘(7) PRIVATE NONPROFIT ORGANIZATIONS.— 

9 ‘‘(A) DEFINITION OF PRIVATE NONPROFIT

10 ORGANIZATION.—In this paragraph, the term 

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

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

15 sites under the sponsorship of the organi16 zation; 

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

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

22 this section; 

23 ‘‘(iv) is an organization described in 

24 section 501(c) of the Internal Revenue 


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1 Code of 1986 and exempt from taxation 

2 under 501(a) of that Code; and 

3 ‘‘(v) meets applicable State and local 

4 health, safety, and sanitation standards. 

5 ‘‘(B) ELIGIBILITY.—Private nonprofit or6 ganizations (other than organizations eligible 

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

8 program under the same terms and conditions 

9 as other service institutions.’’. 

10 SEC. 112. OUTREACH TO ELIGIBLE FAMILIES. 

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

12 School Lunch Act (42 U.S.C. 1761(a)) is amended by add13 ing at the end the following: 

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

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

16 require each State agency that administers the 

17 national school lunch program under this Act to 

18 ensure that, to the maximum extent practicable, 

19 school food authorities participating in the 

20 school lunch program under this Act cooperate 

21 with participating service institutions to dis22 tribute materials to inform families of— 

23 ‘‘(i) the availability and location of 

24 summer food service program meals; and 


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1 ‘‘(ii) the availability of reimbursable 

2 breakfasts served under the school break3 fast program established by section 4 of 

4 the Child Nutrition Act of 1966 (42 

5 U.S.C. 1773). 

6 ‘‘(B) INCLUSIONS.—Informational activi7 ties carried out under subparagraph (A) may 

8 include— 

9 ‘‘(i) the development or dissemination 

10 of printed materials, to be distributed to 

11 all school children or the families of school 

12 children prior to the end of the school 

13 year, that inform families of the avail14 ability and location of summer food service 

15 program meals; 

16 ‘‘(ii) the development or dissemination 

17 of materials, to be distributed using elec18 tronic means to all school children or the 

19 families of school children prior to the end 

20 of the school year, that inform families of 

21 the availability and location of summer 

22 food service program meals; and 

23 ‘‘(iii) such other activities as are ap24 proved by the applicable State agency to 

25 promote the availability and location of 


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1 summer food service program meals to 

2 school children and the families of school 

3 children. 

4 ‘‘(C) MULTIPLE STATE AGENCIES.—If the 

5 State agency administering the program under 

6 this section is not the same State agency that 

7 administers the school lunch program under 

8 this Act, the 2 State agencies shall work coop9 eratively to implement this paragraph.’’. 

10 SEC. 113. SUMMER FOOD SERVICE SUPPORT GRANTS. 

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

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

13 section 112) is amended by adding at the end the fol14 lowing: 

15 ‘‘(12) SUMMER FOOD SERVICE SUPPORT

16 GRANTS.— 

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

18 use funds made available to carry out this para19 graph to award grants on a competitive basis to 

20 State agencies to provide to eligible service in21 stitutions— 

22 ‘‘(i) technical assistance; 

23 ‘‘(ii) assistance with site improvement 

24 costs; or 


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1 ‘‘(iii) other innovative activities that 

2 improve and encourage sponsor retention. 

3 ‘‘(B) ELIGIBILITY.—To be eligible to re4 ceive a grant under this paragraph, a State 

5 agency shall submit an application to the Sec6 retary in such manner, at such time, and con7 taining such information as the Secretary may 

8 require. 

9 ‘‘(C) PRIORITY.—In making grants under 

10 this paragraph, the Secretary shall give priority 

11 to— 

12 ‘‘(i) applications from States with sig13 nificant low-income child populations; and 

14 ‘‘(ii) State plans that demonstrate in15 novative approaches to retain and support 

16 summer food service programs after the 

17 expiration of the start-up funding grants. 

18 ‘‘(D) USE OF FUNDS.—A State and eligi19 ble service institution may use funds made 

20 available under this paragraph to pay for such 

21 costs as the Secretary determines are necessary 

22 to establish and maintain summer food service 

23 programs. 

24 ‘‘(E) REALLOCATION.—The Secretary may 

25 reallocate any amounts made available to carry 


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1 out this paragraph that are not obligated or ex2 pended, as determined by the Secretary. 

3 ‘‘(F) AUTHORIZATION OF APPROPRIA4 TIONS.—There is authorized to be appropriated 

5 to carry out this paragraph $20,000,000 for the 

6 period of fiscal years 2011 through 2015.’’. 

7 Subtitle C—Child and Adult Care 

8 Food Program 

9 SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINA10 TIONS IN THE CHILD AND ADULT CARE FOOD 

11 PROGRAM. 

12 Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Rus13 sell National School Lunch Act (42 U.S.C. 

14 1766(f)(3)(A)(ii)(I)(bb)) is amended by striking ‘‘elemen15 tary’’. 

16 SEC. 122. EXPANSION OF AFTERSCHOOL MEALS FOR AT17 RISK CHILDREN. 

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

19 School Lunch Act (42 U.S.C. 1766(r)) is amended by 

20 striking paragraph (5) and inserting the following: 

21 ‘‘(5) LIMITATION.—An institution participating 

22 in the program under this subsection may not claim 

23 reimbursement for meals and snacks that are served 

24 under section 18(h) on the same day. 

25 ‘‘(6) HANDBOOK.— 


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1 ‘‘(A) IN GENERAL.—Not later than 180 

2 days after the date of enactment of the 

3 Healthy, Hunger-Free Kids Act of 2010, the 

4 Secretary shall— 

5 ‘‘(i) issue guidelines for afterschool 

6 meals for at-risk school children; and 

7 ‘‘(ii) publish a handbook reflecting 

8 those guidelines. 

9 ‘‘(B) REVIEW.—Each year after the 

10 issuance of guidelines under subparagraph (A), 

11 the Secretary shall— 

12 ‘‘(i) review the guidelines; and 

13 ‘‘(ii) issue a revised handbook reflect14 ing changes made to the guidelines.’’. 

15 Subtitle D—Special Supplemental 

16 Nutrition Program for Women, 

17 Infants, and Children 

18 SEC. 131. CERTIFICATION PERIODS. 

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

20 1966 (42 U.S.C. 1786(d)(3)(A)) is amended by adding at 

21 the end the following: 

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

23 to certify participant children for a period 

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

25 option provided under this clause ensures 


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1 that participant children receive required 

2 health and nutrition assessments.’’. 

3 Subtitle E—Miscellaneous 

4 SEC. 141. CHILDHOOD HUNGER RESEARCH. 

5 The Richard B. Russell National School Lunch Act 

6 is amended by inserting after section 22 (42 U.S.C. 

7 1769c) the following: 

8 ‘‘SEC. 23. CHILDHOOD HUNGER RESEARCH. 

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

10 CHILDHOOD HUNGER.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall con12 duct research on— 

13 ‘‘(A) the causes of childhood hunger and 

14 food insecurity; 

15 ‘‘(B) the characteristics of households with 

16 childhood hunger and food insecurity; and 

17 ‘‘(C) the consequences of childhood hunger 

18 and food insecurity. 

19 ‘‘(2) AUTHORITY.—In carrying out research 

20 under paragraph (1), the Secretary may— 

21 ‘‘(A) enter into competitively awarded con22 tracts or cooperative agreements; or 

23 ‘‘(B) provide grants to States or public or 

24 private agencies or organizations, as determined 

25 by the Secretary. 


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

2 a contract or cooperative agreement or receive a 

3 grant under this subsection, a State or public or pri4 vate agency or organization shall submit to the Sec5 retary an application at such time, in such manner, 

6 and containing such information as the Secretary 

7 shall require. 

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

9 design the research program to advance knowledge 

10 and understanding of information on the issues de11 scribed in paragraph (1), such as— 

12 ‘‘(A) economic, health, social, cultural, de13 mographic, and other factors that contribute to 

14 childhood hunger or food insecurity; 

15 ‘‘(B) the geographic distribution of child16 hood hunger and food insecurity; 

17 ‘‘(C) the extent to which— 

18 ‘‘(i) existing Federal assistance pro19 grams, including the Internal Revenue 

20 Code of 1986, reduce childhood hunger 

21 and food insecurity; and 

22 ‘‘(ii) childhood hunger and food inse23 curity persist due to— 

24 ‘‘(I) gaps in program coverage; 


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1 ‘‘(II) the inability of potential 

2 participants to access programs; or 

3 ‘‘(III) the insufficiency of pro4 gram benefits or services; 

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

6 childhood hunger and food insecurity; 

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

8 the Census Bureau measure of food insecurity 

9 underestimates childhood hunger and food inse10 curity because the Census Bureau excludes cer11 tain households, such as homeless, or other fac12 tors; 

13 ‘‘(F) the effects of childhood hunger on 

14 child development, well-being, and educational 

15 attainment; and 

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

17 determined by the Secretary. 

18 ‘‘(5) FUNDING.— 

19 ‘‘(A) IN GENERAL.—On October 1, 2012, 

20 out of any funds in the Treasury not otherwise 

21 appropriated, the Secretary of the Treasury 

22 shall transfer to the Secretary to carry out this 

23 subsection $10,000,000, to remain available 

24 until expended. 


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1 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

2 Secretary shall be entitled to receive, shall ac3 cept, and shall use to carry out this subsection 

4 the funds transferred under subparagraph (A), 

5 without further appropriation. 

6 ‘‘(b) DEMONSTRATION PROJECTS TO END CHILD7 HOOD HUNGER.— 

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

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

10 person under the age of 18. 

11 ‘‘(B) SUPPLEMENTAL NUTRITION ASSIST12 ANCE PROGRAM.—The term ‘supplemental nu13 trition assistance program’ means the supple14 mental nutrition assistance program established 

15 under the Food and Nutrition Act of 2008 (7 

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

17 ‘‘(2) PURPOSE.—Under such terms and condi18 tions as are established by the Secretary, the Sec19 retary shall carry out demonstration projects that 

20 test innovative strategies to end childhood hunger, 

21 including alternative models for service delivery and 

22 benefit levels that promote the reduction or elimi23 nation of childhood hunger and food insecurity. 


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1 ‘‘(3) PROJECTS.—Demonstration projects car2 ried out under this subsection may include projects 

3 that— 

4 ‘‘(A) enhance benefits provided under the 

5 supplemental nutrition assistance program for 

6 eligible households with children; 

7 ‘‘(B) enhance benefits or provide for inno8 vative program delivery models in the school 

9 meals, afterschool snack, and child and adult 

10 care food programs under this Act and the 

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

12 seq.); and 

13 ‘‘(C) target Federal, State, or local assist14 ance, including emergency housing or family 

15 preservation services, at households with chil16 dren who are experiencing hunger or food inse17 curity, to the extent permitted by the legal au18 thority establishing those assistance programs 

19 and services. 

20 ‘‘(4) GRANTS.— 

21 ‘‘(A) DEMONSTRATION PROJECTS.— 

22 ‘‘(i) IN GENERAL.—In carrying out 

23 this subsection, the Secretary may enter 

24 into competitively awarded contracts or co25 operative agreements with, or provide 


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1 grants to, public or private organizations 

2 or agencies (as determined by the Sec3 retary), for use in accordance with dem4 onstration projects that meet the purposes 

5 of this subsection. 

6 ‘‘(ii) REQUIREMENT.—At least 1 dem7 onstration project funded under this sub8 section shall be carried out on an Indian 

9 reservation in a rural area with a service 

10 population with a prevalence of diabetes 

11 that exceeds 15 percent, as determined by 

12 the Director of the Indian Health Service. 

13 ‘‘(B) APPLICATION.—To be eligible to re14 ceive a contract, cooperative agreement, or 

15 grant under this subsection, an organization or 

16 agency shall submit to the Secretary an applica17 tion at such time, in such manner, and con18 taining such information as the Secretary may 

19 require. 

20 ‘‘(C) SELECTION CRITERIA.—Demonstra21 tion projects shall be selected based on publicly 

22 disseminated criteria that may include— 

23 ‘‘(i) an identification of a low-income 

24 target group that reflects individuals expe25 riencing hunger or food insecurity; 


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1 ‘‘(ii) a commitment to a demonstra2 tion project that allows for a rigorous out3 come evaluation as described in paragraph 

4 (6); 

5 ‘‘(iii) a focus on innovative strategies 

6 to reduce the risk of childhood hunger or 

7 provide a significant improvement to the 

8 food security status of households with 

9 children; and 

10 ‘‘(iv) such other criteria as are deter11 mined by the Secretary. 

12 ‘‘(5) CONSULTATION.—In determining the 

13 range of projects and defining selection criteria 

14 under this subsection, the Secretary shall consult 

15 with— 

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

17 Services; 

18 ‘‘(B) the Secretary of Labor; and 

19 ‘‘(C) the Secretary of Housing and Urban 

20 Development. 

21 ‘‘(6) EVALUATION AND REPORTING.— 

22 ‘‘(A) INDEPENDENT EVALUATION.—The 

23 Secretary shall provide for an independent eval24 uation of each demonstration project carried 

25 out under this subsection that— 


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1 ‘‘(i) measures the impact of each dem2 onstration project on appropriate participa3 tion, food security, nutrition, and associ4 ated behavioral outcomes among partici5 pating households; and 

6 ‘‘(ii) uses rigorous experimental de7 signs and methodologies, particularly ran8 dom assignment or other methods that are 

9 capable of producing scientifically valid in10 formation regarding which activities are ef11 fective in reducing the prevalence or pre12 venting the incidence of food insecurity 

13 and hunger in the community, especially 

14 among children. 

15 ‘‘(B) REPORTING.—Not later than Decem16 ber 31, 2013 and each December 31 thereafter 

17 until the date on which the last evaluation 

18 under subparagraph (A) is completed, the Sec19 retary shall— 

20 ‘‘(i) submit to the Committee on Agri21 culture and the Committee on Education 

22 and Labor of the House of Representatives 

23 and the Committee on Agriculture, Nutri24 tion, and Forestry of the Senate a report 

25 that includes a description of— 


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1 ‘‘(I) the status of each dem2 onstration project; and 

3 ‘‘(II) the results of any evalua4 tions of the demonstration projects 

5 completed during the previous fiscal 

6 year; and 

7 ‘‘(ii) ensure that the evaluation results 

8 are shared broadly to inform policy mak9 ers, service providers, other partners, and 

10 the public in order to promote the wide use 

11 of successful strategies. 

12 ‘‘(7) FUNDING.— 

13 ‘‘(A) IN GENERAL.—On October 1, 2012, 

14 out of any funds in the Treasury not otherwise 

15 appropriated, the Secretary of the Treasury 

16 shall transfer to the Secretary to carry out this 

17 subsection $40,000,000, to remain available 

18 until September 30, 2017. 

19 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

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

22 the funds transferred under subparagraph (A), 

23 without further appropriation. 

24 ‘‘(C) USE OF FUNDS.— 


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1 ‘‘(i) IN GENERAL.—Funds made avail2 able under subparagraph (A) may be used 

3 to carry out this subsection, including to 

4 pay Federal costs associated with devel5 oping, soliciting, awarding, monitoring, 

6 evaluating, and disseminating the results 

7 of each demonstration project under this 

8 subsection. 

9 ‘‘(ii) INDIAN RESERVATIONS.—Of 

10 amounts made available under subpara11 graph (A), the Secretary shall use a por12 tion of the amounts to carry out research 

13 relating to hunger, obesity and type 2 dia14 betes on Indian reservations, including re15 search to determine the manner in which 

16 Federal nutrition programs can help to 

17 overcome those problems. 

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

19 after the date of enactment of this section, 

20 the Secretary shall submit to the Com21 mittee on Agriculture of the House of Rep22 resentatives and the Committee on Agri23 culture, Nutrition, and Forestry of the 

24 Senate a report that— 


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1 ‘‘(I) describes the manner in 

2 which Federal nutrition programs can 

3 help to overcome child hunger nutri4 tion problems on Indian reservations; 

5 and 

6 ‘‘(II) contains proposed adminis7 trative and legislative recommenda8 tions to strengthen and streamline all 

9 relevant Department of Agriculture 

10 nutrition programs to reduce child11 hood hunger, obesity, and type 2 dia12 betes on Indian reservations. 

13 ‘‘(D) LIMITATIONS.— 

14 ‘‘(i) DURATION.—No project may be 

15 funded under this subsection for more than 

16 5 years. 

17 ‘‘(ii) PROJECT REQUIREMENTS.—No 

18 project that makes use of, alters, or coordi19 nates with the supplemental nutrition as20 sistance program may be funded under 

21 this subsection unless the project is fully 

22 consistent with the project requirements 

23 described in section 17(b)(1)(B) of the 

24 Food and Nutrition Act of 2008 (7 U.S.C. 

25 2026(b)(1)(B)). 


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1 ‘‘(iii) HUNGER-FREE COMMUNITIES.— 

2 No project may be funded under this sub3 section that receives funding under section 

4 4405 of the Food, Conservation, and En5 ergy Act of 2008 (7 U.S.C. 7517). 

6 ‘‘(iv) OTHER BENEFITS.—Funds 

7 made available under this subsection may 

8 not be used for any project in a manner 

9 that is inconsistent with— 

10 ‘‘(I) this Act; 

11 ‘‘(II) the Child Nutrition Act of 

12 1966 (42 U.S.C. 1771 et seq.); 

13 ‘‘(III) the Food and Nutrition 

14 Act of 2008 (7 U.S.C. 2011 et seq.); 

15 or 

16 ‘‘(IV) the Emergency Food As17 sistance Act of 1983 (7 U.S.C. 7501 

18 et seq.).’’. 

19 SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE 

20 GRANTS. 

21 The Richard B. Russell National School Lunch Act 

22 (42 U.S.C. 1751 et seq.) is amended by inserting after 

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


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1 ‘‘SEC. 24. STATE CHILDHOOD HUNGER CHALLENGE 

2 GRANTS. 

3 ‘‘(a) DEFINITIONS.—In this section: 

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

5 under the age of 18. 

6 ‘‘(2) SUPPLEMENTAL NUTRITION ASSISTANCE

7 PROGRAM.—The term ‘supplemental nutrition assist8 ance program’ means the supplemental nutrition as9 sistance program established under the Food and 

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

11 ‘‘(b) PURPOSE.—Under such terms and conditions as 

12 are established by the Secretary, funds made available 

13 under this section may be used to competitively award 

14 grants to or enter into cooperative agreements with Gov15 ernors to carry out comprehensive and innovative strate16 gies to end childhood hunger, including alternative models 

17 for service delivery and benefit levels that promote the re18 duction or elimination of childhood hunger by 2015. 

19 ‘‘(c) PROJECTS.—State demonstration projects car20 ried out under this section may include projects that— 

21 ‘‘(1) enhance benefits provided under the sup22 plemental nutrition assistance program for eligible 

23 households with children; 

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

25 program delivery models in the school meals, after26 school snack, and child and adult care food proVerDate Mar 15 2010 23:31 May 05, 2010 Jkt 089200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S3307.PCS S3307

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1 grams under this Act and the Child Nutrition Act 

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

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

4 including emergency housing, family preservation 

5 services, child care, or temporary assistance at 

6 households with children who are experiencing hun7 ger or food insecurity, to the extent permitted by the 

8 legal authority establishing those assistance pro9 grams and services; 

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

11 participation in Federal nutrition assistance pro12 grams; and 

13 ‘‘(5) improve the coordination of Federal, State, 

14 and community resources and services aimed at pre15 venting food insecurity and hunger, including 

16 through the establishment and expansion of State 

17 food policy councils. 

18 ‘‘(d) GRANTS.— 

19 ‘‘(1) IN GENERAL.—In carrying out this sec20 tion, the Secretary may competitively award grants 

21 or enter into competitively awarded cooperative 

22 agreements with Governors for use in accordance 

23 with demonstration projects that meet the purposes 

24 of this section. 


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

2 grant or cooperative agreement under this section, a 

3 Governor shall submit to the Secretary an applica4 tion at such time, in such manner, and containing 

5 such information as the Secretary may require. 

6 ‘‘(3) SELECTION CRITERIA.—The Secretary 

7 shall evaluate proposals based on publicly dissemi8 nated criteria that may include— 

9 ‘‘(A) an identification of a low-income tar10 get group that reflects individuals experiencing 

11 hunger or food insecurity; 

12 ‘‘(B) a commitment to approaches that 

13 allow for a rigorous outcome evaluation as de14 scribed in subsection (f); 

15 ‘‘(C) a comprehensive and innovative strat16 egy to reduce the risk of childhood hunger or 

17 provide a significant improvement to the food 

18 security status of households with children; and 

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

20 by the Secretary. 

21 ‘‘(4) REQUIREMENTS.—Any project funded 

22 under this section shall provide for— 

23 ‘‘(A) a baseline assessment, and subse24 quent annual assessments, of the prevalence 

25 and severity of very low food security among 


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1 children in the State, based on a methodology 

2 prescribed by the Secretary; 

3 ‘‘(B) a collaborative planning process in4 cluding key stakeholders in the State that re5 sults in a comprehensive agenda to eliminate 

6 childhood hunger that is— 

7 ‘‘(i) described in a detailed project 

8 plan; and 

9 ‘‘(ii) provided to the Secretary for ap10 proval; 

11 ‘‘(C) an annual budget; 

12 ‘‘(D) specific performance goals, including 

13 the goal to sharply reduce or eliminate food in14 security among children in the State by 2015, 

15 as determined through a methodology pre16 scribed by the Secretary and carried out by the 

17 Governor; and 

18 ‘‘(E) an independent outcome evaluation of 

19 not less than 1 major strategy of the project 

20 that measures— 

21 ‘‘(i) the specific impact of the strategy 

22 on food insecurity among children in the 

23 State; and 


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1 ‘‘(ii) if applicable, the nutrition assist2 ance participation rate among children in 

3 the State. 

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

5 projects and defining selection criteria under this section, 

6 the Secretary shall consult with— 

7 ‘‘(1) the Secretary of Health and Human Serv8 ices; 

9 ‘‘(2) the Secretary of Labor; 

10 ‘‘(3) the Secretary of Education; and 

11 ‘‘(4) the Secretary of Housing and Urban De12 velopment. 

13 ‘‘(f) EVALUATION AND REPORTING.— 

14 ‘‘(1) GENERAL PERFORMANCE ASSESSMENT.— 

15 Each project authorized under this section shall re16 quire an independent assessment that— 

17 ‘‘(A) measures the impact of any activities 

18 carried out under the project on the level of 

19 food insecurity in the State that— 

20 ‘‘(i) focuses particularly on the level of 

21 food insecurity among children in the 

22 State; and 

23 ‘‘(ii) includes a preimplementation 

24 baseline and annual measurements taken 


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1 during the project of the level of food inse2 curity in the State; and 

3 ‘‘(B) is carried out using a methodology 

4 prescribed by the Secretary. 

5 ‘‘(2) INDEPENDENT EVALUATION.—Each 

6 project authorized under this section shall provide 

7 for an independent evaluation of not less than 1 

8 major strategy that— 

9 ‘‘(A) measures the impact of the strategy 

10 on appropriate participation, food security, nu11 trition, and associated behavioral outcomes 

12 among participating households; and 

13 ‘‘(B) uses rigorous experimental designs 

14 and methodologies, particularly random assign15 ment or other methods that are capable of pro16 ducing scientifically valid information regarding 

17 which activities are effective in reducing the 

18 prevalence or preventing the incidence of food 

19 insecurity and hunger in the community, espe20 cially among children. 

21 ‘‘(3) REPORTING.—Not later than December 

22 31, 2011 and each December 31 thereafter until the 

23 date on which the last evaluation under paragraph 

24 (1) is completed, the Secretary shall— 


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1 ‘‘(A) submit to the Committee on Agri2 culture and the Committee on Education and 

3 Labor of the House of Representatives and the 

4 Committee on Agriculture, Nutrition, and For5 estry of the Senate a report that includes a de6 scription of— 

7 ‘‘(i) the status of each State dem8 onstration project; and 

9 ‘‘(ii) the results of any evaluations of 

10 the demonstration projects completed dur11 ing the previous fiscal year; and 

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

13 shared broadly to inform policy makers, service 

14 providers, other partners, and the public in 

15 order to promote the wide use of successful 

16 strategies. 

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

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

19 appropriated to carry out this section such sums as 

20 are necessary for each of fiscal years 2011 through 

21 2014, to remain available until September 30, 2015. 

22 ‘‘(2) USE OF FUNDS.—Funds made available 

23 under paragraph (1) may be used to carry out this 

24 section, including to pay Federal costs associated 

25 with developing, soliciting, awarding, monitoring, 


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1 evaluating, and disseminating the results of each 

2 demonstration project under this section. 

3 ‘‘(3) LIMITATIONS.— 

4 ‘‘(A) DURATION.—No project may be 

5 funded under this section for more than 5 

6 years. 

7 ‘‘(B) PERFORMANCE BASIS.—Funds pro8 vided under this section shall be made available 

9 to each Governor on an annual basis, with the 

10 amount of funds provided for each year contin11 gent on the satisfactory implementation of the 

12 project plan and progress towards the perform13 ance goals defined in the project year plan. 

14 ‘‘(C) ALTERING NUTRITION ASSISTANCE

15 PROGRAM REQUIREMENTS.—No project that 

16 makes use of, alters, or coordinates with the 

17 supplemental nutrition assistance program may 

18 be funded under this section unless the project 

19 is fully consistent with the project requirements 

20 described in section 17(b)(1)(B) of the Food 

21 and Nutrition Act of 2008 (7 U.S.C. 

22 2026(b)(1)(B)). 

23 ‘‘(D) OTHER BENEFITS.—Funds made 

24 available under this section may not be used for 


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1 any project in a manner that is inconsistent 

2 with— 

3 ‘‘(i) this Act; 

4 ‘‘(ii) the Child Nutrition Act of 1966 

5 (42 U.S.C. 1771 et seq.); 

6 ‘‘(iii) the Food and Nutrition Act of 

7 2008 (7 U.S.C. 2011 et seq.); or 

8 ‘‘(iv) the Emergency Food Assistance 

9 Act of 1983 (7 U.S.C. 7501 et seq.).’’. 

10 SEC. 143. REVIEW OF LOCAL POLICIES ON MEAL CHARGES 

11 AND PROVISION OF ALTERNATE MEALS. 

12 (a) IN GENERAL.— 

13 (1) REVIEW.—The Secretary, in conjunction 

14 with States and participating local educational agen15 cies, shall examine the current policies and practices 

16 of States and local educational agencies regarding 

17 extending credit to children to pay the cost to the 

18 children of reimbursable school lunches and break19 fasts. 

20 (2) SCOPE.—The examination under paragraph 

21 (1) shall include the policies and practices in effect 

22 as of the date of enactment of this Act relating to 

23 providing to children who are without funds a meal 

24 other than the reimbursable meals. 


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1 (3) FEASIBILITY.—In carrying out the exam2 ination under paragraph (1), the Secretary shall— 

3 (A) prepare a report on the feasibility of 

4 establishing national standards for meal 

5 charges and the provision of alternate meals; 

6 and 

7 (B) provide recommendations for imple8 menting those standards. 

9 (b) FOLLOWUP ACTIONS.— 

10 (1) IN GENERAL.—Based on the findings and 

11 recommendations under subsection (a), the Sec12 retary may— 

13 (A) implement standards described in 

14 paragraph (3) of that subsection through regu15 lation; 

16 (B) test recommendations through dem17 onstration projects; or 

18 (C) study further the feasibility of rec19 ommendations. 

20 (2) FACTORS FOR CONSIDERATION.—In deter21 mining how best to implement recommendations de22 scribed in subsection (a)(3), the Secretary shall con23 sider such factors as— 

24 (A) the impact of overt identification on 

25 children; 


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1 (B) the manner in which the affected 

2 households will be provided with assistance in 

3 establishing eligibility for free or reduced price 

4 school meals; and 

5 (C) the potential financial impact on local 

6 educational agencies. 

7 TITLE II—REDUCING CHILD8 HOOD OBESITY AND IMPROV9 ING THE DIETS OF CHILDREN 

10 Subtitle A—National School Lunch 

11 Program 

12 SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE 

13 INCREASES FOR NEW MEAL PATTERNS. 

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

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

17 ‘‘(3) ADDITIONAL REIMBURSEMENT.— 

18 ‘‘(A) REGULATIONS.— 

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

21 18 months after the date of enactment of 

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

24 meal patterns and nutrition standards for 

25 the school lunch program authorized under 


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1 this Act and the school breakfast program 

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

4 on recommendations made by the Food 

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

7 Sciences. 

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

10 ‘‘(I) IN GENERAL.—Not later 

11 than 18 months after promulgation of 

12 the proposed regulations under clause 

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

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

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

20 lunch program authorized under this 

21 Act and the school breakfast program 

22 established by section 4 of the Child 

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

24 1773) are required to comply with the 

25 meal pattern and nutrition standards 


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1 established in the interim or final reg2 ulations. 

3 ‘‘(iii) REPORT TO CONGRESS.—Not 

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

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

8 clause (ii), the Secretary shall submit to 

9 the Committee on Education and Labor of 

10 the House of Representatives and the 

11 Committee on Agriculture, Nutrition, and 

12 Forestry of the Senate a quarterly report 

13 on progress made toward promulgation of 

14 the regulations described in this subpara15 graph. 

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

18 of the date of promulgation of the interim or 

19 final regulations described in subparagraph 

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

22 provide additional reimbursement for each 

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

25 ‘‘(C) ADDITIONAL REIMBURSEMENT.— 


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

2 in school food authorities determined to be 

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

7 lunch served. 

8 ‘‘(ii) DISBURSEMENT.—The State 

9 agency shall disburse funds made available 

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

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

16 school food authority shall be certified by the 

17 State to be in compliance with the interim or 

18 final regulations described in subparagraph 

19 (A)(ii). 

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

21 the later of the date described in subparagraph 

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

25 meal patterns or nutrition standards established 


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

3 lunch served described in this paragraph. 

4 ‘‘(F) ADMINISTRATIVE COSTS.— 

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

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

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

10 of this paragraph. 

11 ‘‘(ii) PROVISION OF FUNDS.—The 

12 Secretary shall provide funds described in 

13 clause (i) to States administering a school 

14 lunch program in a manner proportional to 

15 the administrative expense allocation of 

16 each State during the preceding fiscal 

17 year. 

18 ‘‘(iii) FUNDING.— 

19 ‘‘(I) IN GENERAL.—In the later 

20 of the fiscal year in which the interim 

21 or final regulations described in sub22 paragraph (A)(ii) are promulgated or 

23 the fiscal year in which this para24 graph is enacted, and in the subse25 quent fiscal year, the Secretary shall 


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

2 funds made available under section 3 

3 to make payments to States described 

4 in clause (i). 

5 ‘‘(II) RESERVATION.—In pro6 viding funds to States under clause 

7 (i), the Secretary may reserve not 

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

9 to support Federal administrative ac10 tivities to carry out this paragraph.’’. 

11 SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK. 

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

13 School Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended 

14 by striking clause (i) and inserting the following: 

15 ‘‘(i) shall offer students a variety of 

16 fluid milk. Such milk shall be consistent 

17 with the most recent Dietary Guidelines 

18 for Americans published under section 301 

19 of the National Nutrition Monitoring and 

20 Related Research Act of 1990 (7 U.S.C. 

21 5341);’’. 

22 SEC. 203. WATER. 

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

24 School Lunch Act (42 U.S.C. 1758(a)) is amended by add25 ing at the end the following: 


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

2 school lunch program under this Act shall make 

3 available to children free of charge, as nutritionally 

4 appropriate, potable water for consumption in the 

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

6 SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTA7 TION. 

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

9 School Lunch Act is amended by inserting after section 

10 9 (42 U.S.C. 1758) the following: 

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

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

13 participating in a program authorized by this Act or the 

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

15 establish a local school wellness policy for all schools under 

16 the jurisdiction of the local educational agency. 

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

18 regulations that provide the framework and guidelines for 

19 local educational agencies to establish local school wellness 

20 policies, including, at a minimum,— 

21 ‘‘(1) goals for nutrition education, physical ac22 tivity, and other school-based activities that promote 

23 student wellness; 

24 ‘‘(2) for all foods available on each school cam25 pus under the jurisdiction of the local educational 


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1 agency during the school day, nutrition guidelines 

2 that— 

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

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

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

6 and 

7 ‘‘(B) promote student health and reduce 

8 childhood obesity; 

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

10 agency permit parents, students, representatives of 

11 the school food authority, the school board, school 

12 administrators, and the general public to participate 

13 in the development and periodic review and update 

14 of the local school wellness policy; 

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

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

18 the content and implementation of the local school 

19 wellness policy; and 

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

21 agency— 

22 ‘‘(A) periodically measure and report on 

23 implementation of the local school wellness pol24 icy, including— 


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

2 the jurisdiction of the local educational 

3 agency are in compliance with the local 

4 school wellness policy; 

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

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

8 school wellness policies; and 

9 ‘‘(iii) a description of the progress 

10 made in attaining the goals of the local 

11 school wellness policy; and 

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

13 agency officials or school officials, as appro14 priate, to ensure that each school complies with 

15 the local school wellness policy. 

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

17 agency shall use the guidelines promulgated by the Sec18 retary under subsection (b) to determine specific policies 

19 appropriate for the schools under the jurisdiction of the 

20 local educational agency. 

21 ‘‘(d) TECHNICAL ASSISTANCE AND BEST PRAC22 TICES.— 

23 ‘‘(1) IN GENERAL.—The Secretary, in consulta24 tion with the Secretary of Education and the Sec25 retary of Health and Human Services, acting 


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1 through the Centers for Disease Control and Preven2 tion, shall provide, on request, information and tech3 nical assistance to local educational agencies, school 

4 food authorities, and State educational agencies for 

5 use in establishing healthy school nutrition environ6 ments that are intended to reduce childhood obesity 

7 and prevent chronic diet-related diseases. 

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

9 technical assistance that— 

10 ‘‘(A) includes resources and training on de11 signing, implementing, promoting, dissemi12 nating, and evaluating local school wellness 

13 policies and overcoming barriers to the adoption 

14 of local school wellness policies; 

15 ‘‘(B) includes model local school wellness 

16 policies and best practices recommended by 

17 Federal agencies, State agencies, and non18 governmental organizations; 

19 ‘‘(C) includes such other technical assist20 ance as is required to promote sound nutrition 

21 and establish healthy school nutrition environ22 ments; and 

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

24 and requirements of local educational agencies. 

25 ‘‘(3) STUDY AND REPORT.— 


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1 ‘‘(A) IN GENERAL.—Subject to the avail2 ability of appropriations, the Secretary, in con3 junction with the Director of the Centers for 

4 Disease Control and Prevention, shall prepare a 

5 report on the implementation, strength, and ef6 fectiveness of the local school wellness policies 

7 carried out in accordance with this section. 

8 ‘‘(B) STUDY OF LOCAL SCHOOL WELLNESS

9 POLICIES.—The study described in subpara10 graph (A) shall include—— 

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

12 weaknesses of local school wellness policies 

13 and how the policies compare with model 

14 local wellness policies recommended under 

15 paragraph (2)(B); and 

16 ‘‘(ii) an assessment of the impact of 

17 the local school wellness policies in ad18 dressing the requirements of subsection 

19 (b). 

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

21 2014, the Secretary shall submit to the Com22 mittee on Education and Labor of the House of 

23 Representatives and the Committee on Agri24 culture, Nutrition, and Forestry of the Senate 


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1 a report that describes the findings of the 

2 study. 

3 ‘‘(D) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appro5 priated to carry out this paragraph $3,000,000 

6 for fiscal year 2011, to remain available until 

7 expended.’’. 

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

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

10 Public Law 108–265) is repealed. 

11 SEC. 205. EQUITY IN SCHOOL LUNCH PRICING. 

12 Section 12 of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1760) is amended by adding at the 

14 end the following: 

15 ‘‘(p) PRICE FOR A PAID LUNCH.— 

16 ‘‘(1) DEFINITION OF PAID LUNCH.—In this 

17 subsection, the term ‘paid lunch’ means a reimburs18 able lunch served to students who are not certified 

19 to receive free or reduced price meals. 

20 ‘‘(2) REQUIREMENT.— 

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

22 beginning July 1, 2011, each school food au23 thority shall establish a price for paid lunches 

24 in accordance with this subsection. 

25 ‘‘(B) LOWER PRICE.— 


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1 ‘‘(i) IN GENERAL.—In the case of a 

2 school food authority that established a 

3 price for a paid lunch in the previous 

4 school year that was less than the dif5 ference between the total Federal reim6 bursement for a free lunch and the total 

7 Federal reimbursement for a paid lunch, 

8 the school food authority shall establish an 

9 average price for a paid lunch that is not 

10 less than the price charged in the previous 

11 school year, as adjusted by a percentage 

12 equal to the sum obtained by adding— 

13 ‘‘(I) 2 percent; and 

14 ‘‘(II) the percentage change in 

15 the Consumer Price Index for All 

16 Urban Consumers (food away from 

17 home index) used to increase the Fed18 eral reimbursement rate under section 

19 11 for the most recent school year for 

20 which data are available, as published 

21 in the Federal Register. 

22 ‘‘(ii) ROUNDING.—A school food au23 thority may round the adjusted price for a 

24 paid lunch under clause (i) down to the 

25 nearest 5 cents. 


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1 ‘‘(iii) MAXIMUM PRICE INCREASE.— 

2 The maximum annual price increase in the 

3 average price for a paid lunch for a school 

4 year required under this subparagraph 

5 shall not exceed 10 cents for any school 

6 food authority. 

7 ‘‘(C) EQUAL OR GREATER PRICE.— 

8 ‘‘(i) IN GENERAL.—In the case of a 

9 school food authority that established an 

10 average price for a paid lunch in the pre11 vious school year that was equal to or 

12 greater than the difference between the 

13 total Federal reimbursement for a free 

14 lunch and the total Federal reimbursement 

15 for a paid lunch, the school food authority 

16 shall establish an average price for a paid 

17 lunch that is not less than the difference 

18 between the total Federal reimbursement 

19 for a free lunch and the total Federal re20 imbursement for a paid lunch. 

21 ‘‘(ii) ROUNDING.—A school food au22 thority may round the adjusted price for a 

23 paid lunch under clause (i) down to the 

24 nearest 5 cents. 

25 ‘‘(3) EXCEPTIONS.— 


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1 ‘‘(A) REDUCTION IN PRICE.—A school food 

2 authority may reduce the average price of a 

3 paid lunch established under this subsection if 

4 the State agency ensures that funding from 

5 non-Federal sources (other than in-kind con6 tributions) is added to the nonprofit school food 

7 service account of the school food authority in 

8 an amount estimated to equal to at least the 

9 difference between— 

10 ‘‘(i) the average price required of the 

11 school food authority for the paid lunches 

12 under paragraph (2); and 

13 ‘‘(ii) the average price charged by the 

14 school food authority for the paid lunches. 

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

16 purposes of subparagraph (A), non-Federal 

17 sources does not include revenue from the sale 

18 of foods sold in competition with meals served 

19 under the school lunch program authorized 

20 under this Act or the school breakfast program 

21 established by section 4 of the Child Nutrition 

22 Act of 1966 (42 U.S.C. 1773). 

23 ‘‘(C) OTHER PROGRAMS.—This subsection 

24 shall not apply to lunches provided under sec25 tion 17 of this Act. 


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1 ‘‘(4) REGULATIONS.—The Secretary shall es2 tablish procedures to carry out this subsection, in3 cluding collecting and publishing the prices that 

4 school food authorities charge for paid meals on an 

5 annual basis and procedures that allow school food 

6 authorities to average the pricing of paid lunches at 

7 schools throughout the jurisdiction of the school food 

8 authority.’’. 

9 SEC. 206. REVENUE FROM NONPROGRAM FOODS SOLD IN 

10 SCHOOLS. 

11 Section 12 of the Richard B. Russell National School 

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

13 is amended by adding at the end the following: 

14 ‘‘(q) NONPROGRAM FOOD SALES.— 

15 ‘‘(1) DEFINITION OF NONPROGRAM FOOD.—In 

16 this subsection: 

17 ‘‘(A) IN GENERAL.—The term ‘nonpro18 gram food’ means food that is— 

19 ‘‘(i) sold in a participating school 

20 other than a reimbursable meal provided 

21 under this Act or the Child Nutrition Act 

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

23 ‘‘(ii) purchased using funds from the 

24 nonprofit school food service account of the 

25 school food authority of the school. 


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1 ‘‘(B) INCLUSION.—The term ‘nonprogram 

2 food’ includes food that is sold in competition 

3 with a program established under this Act or 

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

5 1771 et seq.). 

6 ‘‘(2) REVENUES.— 

7 ‘‘(A) IN GENERAL.—The proportion of 

8 total school food service revenue provided by the 

9 sale of nonprogram foods to the total revenue 

10 of the school food service account shall be equal 

11 to or greater than the proportion of total food 

12 costs associated with obtaining nonprogram 

13 foods to the total costs associated with obtain14 ing program and nonprogram foods from the 

15 account. 

16 ‘‘(B) ACCRUAL.—All revenue from the sale 

17 of nonprogram foods shall accrue to the non18 profit school food service account of a partici19 pating school food authority.’’ 

20 SEC. 207. REPORTING AND NOTIFICATION OF SCHOOL PER21 FORMANCE. 

22 Section 22 of the Richard B. Russell National School 

23 Lunch Act (42 U.S.C. 1769c) is amended— 

24 (1) by striking subsection (a) and inserting the 

25 following: 


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1 ‘‘(a) UNIFIED ACCOUNTABILITY SYSTEM.— 

2 ‘‘(1) IN GENERAL.—There shall be a unified 

3 system prescribed and administered by the Secretary 

4 to ensure that local food service authorities partici5 pating in the school lunch program established 

6 under this Act and the school breakfast program es7 tablished by section 4 of the Child Nutrition Act of 

8 1966 (42 U.S.C. 1773) comply with those Acts, in9 cluding compliance with— 

10 ‘‘(A) the nutritional requirements of sec11 tion 9(f) of this Act for school lunches; and 

12 ‘‘(B) as applicable, the nutritional require13 ments for school breakfasts under section 

14 4(e)(1) of the Child Nutrition Act of 1966 (42 

15 U.S.C. 1773(e)(1)).’’; and 

16 (2) in subsection (b)(1), by striking subpara17 graphs (A) and (B) and inserting the following: 

18 ‘‘(A) require that local food service au19 thorities comply with the nutritional require20 ments described in subparagraphs (A) and (B) 

21 of paragraph (1); 

22 ‘‘(B) to the maximum extent practicable, 

23 ensure compliance through reasonable audits 

24 and supervisory assistance reviews; 


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1 ‘‘(C) in conducting audits and reviews for 

2 the purpose of determining compliance with this 

3 Act, including the nutritional requirements of 

4 section 9(f)— 

5 ‘‘(i) conduct audits and reviews dur6 ing a 3-year cycle or other period pre7 scribed by the Secretary; 

8 ‘‘(ii) select schools for review in each 

9 local educational agency using criteria es10 tablished by the Secretary; 

11 ‘‘(iii) report the final results of the re12 views to the public in the State in an ac13 cessible, easily understood manner in ac14 cordance with guidelines promulgated by 

15 the Secretary; and 

16 ‘‘(iv) submit to the Secretary each 

17 year a report containing the results of the 

18 reviews in accordance with procedures de19 veloped by the Secretary; and 

20 ‘‘(D) when any local food service authority 

21 is reviewed under this section, ensure that the 

22 final results of the review by the State edu23 cational agency are posted and otherwise made 

24 available to the public on request in an accesVerDate Mar 15 2010 23:31 May 05, 2010 Jkt 089200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S3307.PCS S3307

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1 sible, easily understood manner in accordance 

2 with guidelines promulgated by the Secretary.’’. 

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

4 SCHOOL. 

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

6 U.S.C. 1779) is amended— 

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

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

9 the following: 

10 ‘‘SEC. 10. REGULATIONS. 

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

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

13 following: 

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

15 ‘‘(1) PROPOSED REGULATIONS.— 

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

17 ‘‘(i) establish science-based nutrition 

18 standards for foods sold in schools other 

19 than foods provided under this Act and the 

20 Richard B. Russell National School Lunch 

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

22 ‘‘(ii) not later than 1 year after the 

23 date of enactment of this paragraph, pro24 mulgate proposed regulations to carry out 

25 clause (i). 


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1 ‘‘(B) APPLICATION.—The nutrition stand2 ards shall apply to all foods sold— 

3 ‘‘(i) outside the school meal programs; 

4 ‘‘(ii) on the school campus; and 

5 ‘‘(iii) at any time during the school 

6 day. 

7 ‘‘(C) REQUIREMENTS.—In establishing nu8 trition standards under this paragraph, the Sec9 retary shall— 

10 ‘‘(i) establish standards that are con11 sistent with the most recent Dietary 

12 Guidelines for Americans published under 

13 section 301 of the National Nutrition Mon14 itoring and Related Research Act of 1990 

15 (7 U.S.C. 5341), including the food groups 

16 to encourage and nutrients of concern 

17 identified in the Dietary Guidelines; and 

18 ‘‘(ii) consider — 

19 ‘‘(I) authoritative scientific rec20 ommendations for nutrition standards; 

21 ‘‘(II) existing school nutrition 

22 standards, including voluntary stand23 ards for beverages and snack foods 

24 and State and local standards; 


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1 ‘‘(III) the practical application of 

2 the nutrition standards; and 

3 ‘‘(IV) special exemptions for 

4 school-sponsored fundraisers (other 

5 than fundraising through vending ma6 chines, school stores, snack bars, a la 

7 carte sales, and any other exclusions 

8 determined by the Secretary), if the 

9 fundraisers are approved by the school 

10 and are infrequent within the school. 

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

12 practicable after the date of publication by the 

13 Department of Agriculture and the Department 

14 of Health and Human Services of a new edition 

15 of the Dietary Guidelines for Americans under 

16 section 301 of the National Nutrition Moni17 toring and Related Research Act of 1990 (7 

18 U.S.C. 5341), the Secretary shall review and 

19 update as necessary the school nutrition stand20 ards and requirements established under this 

21 subsection. 

22 ‘‘(2) IMPLEMENTATION.— 

23 ‘‘(A) EFFECTIVE DATE.—The interim or 

24 final regulations under this subsection shall 

25 take effect at the beginning of the school year 


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1 that is not earlier than 1 year and not later 

2 than 2 years following the date on which the 

3 regulations are finalized. 

4 ‘‘(B) REPORTING.—The Secretary shall 

5 submit to the Committee on Agriculture, Nutri6 tion, and Forestry of the Senate and the Com7 mittee on Education and Labor of the House of 

8 Representatives a quarterly report that de9 scribes progress made toward promulgating 

10 final regulations under this subsection.’’. 

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

12 NUTRITION ENVIRONMENT. 

13 Section 9 of the Richard B. Russell National School 

14 Lunch Act (42 U.S.C. 1758) is amended by adding at the 

15 end the following: 

16 ‘‘(k) INFORMATION ON THE SCHOOL NUTRITION EN17 VIRONMENT.— 

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

19 ‘‘(A) establish requirements for local edu20 cational agencies participating in the school 

21 lunch program under this Act and the school 

22 breakfast program established by section 4 of 

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

24 1773) to report information about the school 

25 nutrition environment, for all schools under the 


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1 jurisdiction of the local educational agencies, to 

2 the Secretary and to the public in the State on 

3 a periodic basis; and 

4 ‘‘(B) provide training and technical assist5 ance to States and local educational agencies on 

6 the assessment and reporting of the school nu7 trition environment, including the use of any 

8 assessment materials developed by the Sec9 retary. 

10 ‘‘(2) REQUIREMENTS.—In establishing the re11 quirements for reporting on the school nutrition en12 vironment under paragraph (1), the Secretary 

13 shall— 

14 ‘‘(A) include information pertaining to food 

15 safety inspections, local wellness policies, meal 

16 program participation, the nutritional quality of 

17 program meals, and other information as deter18 mined by the Secretary; and 

19 ‘‘(B) ensure that information is made 

20 available to the public by local educational 

21 agencies in an accessible, easily understood 

22 manner in accordance with guidelines estab23 lished by the Secretary. 

24 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated to carry out 


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1 this subsection such sums as are necessary for each 

2 of fiscal years 2011 through 2015.’’. 

3 SEC. 210. ORGANIC FOOD PILOT PROGRAM. 

4 Section 18 of the Richard B. Russell National School 

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

6 end the following: 

7 ‘‘(j) ORGANIC FOOD PILOT PROGRAM.— 

8 ‘‘(1) PURPOSES.—The purposes of the organic 

9 food pilot program established under this subsection 

10 are— 

11 ‘‘(A) to improve the nutritional value of 

12 the school lunch program established under this 

13 Act; and 

14 ‘‘(B) to reduce the incidence of childhood 

15 obesity. 

16 ‘‘(2) ESTABLISHMENT.—The Secretary shall es17 tablish an organic food pilot program (referred to in 

18 this subsection as the ‘pilot program’) under which 

19 the Secretary shall provide grants on a competitive 

20 basis to school food authorities selected under para21 graph (4). 

22 ‘‘(3) USE OF FUNDS.— 

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

24 use funds provided under this section— 


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1 ‘‘(i) to enter into competitively award2 ed contracts or cooperative agreements 

3 with school food authorities selected under 

4 paragraph (4); or 

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

6 authority applicants selected under para7 graph (4). 

8 ‘‘(B) SCHOOL FOOD AUTHORITY USES OF

9 FUNDS.—A school food authority that receives 

10 a grant under this section shall use the grant 

11 funds to establish a pilot program that in12 creases the quantity of organic foods provided 

13 to schoolchildren under the school lunch pro14 gram established under this Act. 

15 ‘‘(4) APPLICATION.— 

16 ‘‘(A) IN GENERAL.—A school food author17 ity seeking a contract, grant, or cooperative 

18 agreement under this subsection shall submit to 

19 the Secretary an application in such form, con20 taining such information, and at such time as 

21 the Secretary shall prescribe. 

22 ‘‘(B) CRITERIA.—In selecting contract, 

23 grant, or cooperative agreement recipients, the 

24 Secretary shall consider— 


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1 ‘‘(i) the poverty line (as defined in 

2 section 673(2) of the Community Services 

3 Block Grant Act (42 U.S.C. 9902(2), in4 cluding any revision required by that sec5 tion)) applicable to a family of the size in6 volved of the households in the district 

7 served by the school food authority, giving 

8 preference to school food authority appli9 cants in which not less than 50 percent of 

10 the households in the district are at or 

11 below the Federal poverty line; 

12 ‘‘(ii) the commitment of each school 

13 food authority applicant— 

14 ‘‘(I) to improve the nutritional 

15 value of school meals; 

16 ‘‘(II) to carry out innovative pro17 grams that improve the health and 

18 wellness of schoolchildren; and 

19 ‘‘(III) to evaluate the outcome of 

20 the pilot program; and 

21 ‘‘(iii) any other criteria the Secretary 

22 determines to be appropriate. 

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to carry out 


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1 this subsection $10,000,000 for the period of fiscal 

2 years 2011 through 2015.’’. 

3 Subtitle B—Child and Adult Care 

4 Food Program 

5 SEC. 221. NUTRITION AND WELLNESS GOALS FOR MEALS 

6 SERVED THROUGH THE CHILD AND ADULT 

7 CARE FOOD PROGRAM. 

8 Section 17 of the Richard B. Russell National School 

9 Lunch Act (42 U.S.C. 1766) is amended— 

10 (1) in subsection (a), by striking ‘‘(a) GRANT

11 AUTHORITY’’ and all that follows through the end of 

12 paragraph (1) and inserting the following: 

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

14 INSTITUTION ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) PROGRAM PURPOSE.— 

17 ‘‘(i) FINDINGS.—Congress finds 

18 that— 

19 ‘‘(I) eating habits and other 

20 wellness-related behavior habits are 

21 established early in life; and 

22 ‘‘(II) good nutrition and wellness 

23 are important contributors to the 

24 overall health of young children and 

25 essential to cognitive development. 


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1 ‘‘(ii) PURPOSE.—The purpose of the 

2 program authorized by this section is to 

3 provide aid to child and adult care institu4 tions and family or group day care homes 

5 for the provision of nutritious foods that 

6 contribute to the wellness, healthy growth, 

7 and development of young children, and 

8 the health and wellness of older adults and 

9 chronically impaired disabled persons. 

10 ‘‘(B) GRANT AUTHORITY.—The Secretary 

11 may carry out a program to assist States 

12 through grants-in-aid and other means to ini13 tiate and maintain nonprofit food service pro14 grams for children in institutions providing 

15 child care.’’; 

16 (2) by striking subsection (g) and inserting the 

17 following: 

18 ‘‘(g) NUTRITIONAL REQUIREMENTS FOR MEALS AND

19 SNACKS SERVED IN INSTITUTIONS AND FAMILY OR

20 GROUP DAY CARE HOMES.— 

21 ‘‘(1) DEFINITION OF DIETARY GUIDELINES.— 

22 In this subsection, the term ‘Dietary Guidelines’ 

23 means the Dietary Guidelines for Americans pub24 lished under section 301 of the National Nutrition 


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1 Monitoring and Related Research Act of 1990 (7 

2 U.S.C. 5341). 

3 ‘‘(2) NUTRITIONAL REQUIREMENTS.— 

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

5 subparagraph (C), reimbursable meals and 

6 snacks served by institutions, family or group 

7 day care homes, and sponsored centers partici8 pating in the program under this section shall 

9 consist of a combination of foods that meet 

10 minimum nutritional requirements prescribed 

11 by the Secretary on the basis of tested nutri12 tional research. 

13 ‘‘(B) CONFORMITY WITH THE DIETARY

14 GUIDELINES AND AUTHORITATIVE SCIENCE.— 

15 ‘‘(i) IN GENERAL.—Not less fre16 quently than once every 10 years, the Sec17 retary shall review and, as appropriate, up18 date requirements for meals served under 

19 the program under this section to ensure 

20 that the meals— 

21 ‘‘(I) are consistent with the goals 

22 of the most recent Dietary Guidelines; 

23 and 

24 ‘‘(II) promote the health of the 

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1 thorized under this section, as indi2 cated by the most recent relevant nu3 trition science and appropriate au4 thoritative scientific agency and orga5 nization recommendations. 

6 ‘‘(ii) COST REVIEW.—The review re7 quired under clause (i) shall include a re8 view of the cost to child care centers and 

9 group or family day care homes resulting 

10 from updated requirements for meals and 

11 snacks served under the program under 

12 this section. 

13 ‘‘(iii) REGULATIONS.—Not later than 

14 18 months after the completion of the re15 view of the meal pattern under clause (i), 

16 the Secretary shall promulgate proposed 

17 regulations to update the meal patterns for 

18 meals and snacks served under the pro19 gram under this section. 

20 ‘‘(C) EXCEPTIONS.— 

21 ‘‘(i) SPECIAL DIETARY NEEDS.—The 

22 minimum nutritional requirements pre23 scribed under subparagraph (A) shall not 

24 prohibit institutions, family or group day 

25 care homes, and sponsored centers from 


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1 substituting foods to accommodate the 

2 medical or other special dietary needs of 

3 individual participants. 

4 ‘‘(ii) EXEMPT INSTITUTIONS.—The 

5 Secretary may elect to waive all or part of 

6 the requirements of this subsection for 

7 emergency shelters participating in the 

8 program under this section. 

9 ‘‘(3) MEAL SERVICE.—Institutions, family or 

10 group day care homes, and sponsored centers shall 

11 ensure that reimbursable meal service contributes to 

12 the development and socialization of enrolled chil13 dren by providing that food is not used as a punish14 ment or reward. 

15 ‘‘(4) FLUID MILK.— 

16 ‘‘(A) IN GENERAL.—If an institution, fam17 ily or group day care home, or sponsored center 

18 provides fluid milk as part of a reimbursable 

19 meal or supplement, the institution, family or 

20 group day care home, or sponsored center shall 

21 provide the milk in accordance with the most 

22 recent version of the Dietary Guidelines. 

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

24 children who cannot consume fluid milk due to 

25 medical or other special dietary needs other 


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1 than a disability, an institution, family or group 

2 day care home, or sponsored center may sub3 stitute for the fluid milk required in meals 

4 served, a nondairy beverage that— 

5 ‘‘(i) is nutritionally equivalent to fluid 

6 milk; and 

7 ‘‘(ii) meets nutritional standards es8 tablished by the Secretary, including, 

9 among other requirements established by 

10 the Secretary, fortification of calcium, pro11 tein, vitamin A, and vitamin D to levels 

12 found in cow’s milk. 

13 ‘‘(C) APPROVAL.— 

14 ‘‘(i) IN GENERAL.—A substitution au15 thorized under subparagraph (B) may be 

16 made— 

17 ‘‘(I) at the discretion of and on 

18 approval by the participating day care 

19 institution; and 

20 ‘‘(II) if the substitution is re21 quested by written statement of a 

22 medical authority, or by the parent or 

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1 tary need that restricts the diet of the 

2 child. 

3 ‘‘(ii) EXCEPTION.—An institution, 

4 family or group day care home, or spon5 sored center that elects to make a substi6 tution authorized under this paragraph 

7 shall not be required to provide beverages 

8 other than beverages the State has identi9 fied as acceptable substitutes. 

10 ‘‘(D) EXCESS EXPENSES BORNE BY INSTI11 TUTION.—A participating institution, family or 

12 group day care home, or sponsored center shall 

13 be responsible for any expenses that— 

14 ‘‘(i) are incurred by the institution, 

15 family or group day care home, or spon16 sored center to provide substitutions under 

17 this paragraph; and 

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

19 under reimbursements under this Act. 

20 ‘‘(5) NONDISCRIMINATION POLICY.—No phys21 ical segregation or other discrimination against any 

22 child shall be made because of the inability of the 

23 child to pay, nor shall there be any overt identifica24 tion of any such child by special tokens or tickets, 


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1 different meals or meal service, announced or pub2 lished lists of names, or other means. 

3 ‘‘(6) USE OF ABUNDANT AND DONATED

4 FOODS.—To the maximum extent practicable, each 

5 institution shall use in its food service foods that 

6 are— 

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

8 Secretary as being in abundance, either nation9 ally or in the food service area; or 

10 ‘‘(B) donated by the Secretary.’’; 

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

12 ‘‘(u) PROMOTING HEALTH AND WELLNESS IN CHILD

13 CARE.— 

14 ‘‘(1) PHYSICAL ACTIVITY AND ELECTRONIC

15 MEDIA USE.—The Secretary shall encourage partici16 pating child care centers and family or group day 

17 care homes— 

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

19 supervision of the participating child care cen20 ters and family or group day care homes daily 

21 opportunities for structured and unstructured 

22 age-appropriate physical activity; and 

23 ‘‘(B) to limit among children under the su24 pervision of the participating child care centers 


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1 and family or group day care homes the use of 

2 electronic media to an appropriate level. 

3 ‘‘(2) WATER CONSUMPTION.—Participating 

4 child care centers and family or group day care 

5 homes shall make available to children, as nutrition6 ally appropriate, potable water as an acceptable fluid 

7 for consumption throughout the day, including at 

8 meal times. 

9 ‘‘(3) TECHNICAL ASSISTANCE AND GUID10 ANCE.— 

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

12 provide technical assistance to institutions par13 ticipating in the program under this section to 

14 assist participating child care centers and fam15 ily or group day care homes in complying with 

16 the nutritional requirements and wellness rec17 ommendations prescribed by the Secretary in 

18 accordance with this subsection and subsection 

19 (g). 

20 ‘‘(B) GUIDANCE.—Not later than January 

21 1, 2012, the Secretary shall issue guidance to 

22 States and institutions to encourage partici23 pating child care centers and family or group 

24 day care homes serving meals and snacks under 

25 this section to— 


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1 ‘‘(i) include foods that are rec2 ommended for increased serving consump3 tion in amounts recommended by the most 

4 recent Dietary Guidelines for Americans 

5 published under section 301 of the Na6 tional Nutrition Monitoring and Related 

7 Research Act of 1990 (7 U.S.C. 5341), in8 cluding fresh, canned, dried, or frozen 

9 fruits and vegetables, whole grain prod10 ucts, lean meat products, and low-fat and 

11 non-fat dairy products; and 

12 ‘‘(ii) reduce sedentary activities and 

13 provide opportunities for regular physical 

14 activity in quantities recommended by the 

15 most recent Dietary Guidelines for Ameri16 cans described in clause (i). 

17 ‘‘(C) NUTRITION.—Technical assistance 

18 relating to the nutritional requirements of this 

19 subsection and subsection (g) shall include— 

20 ‘‘(i) nutrition education, including 

21 education that emphasizes the relationship 

22 between nutrition, physical activity, and 

23 health; 

24 ‘‘(ii) menu planning; 


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1 ‘‘(iii) interpretation of nutrition labels; 

2 and 

3 ‘‘(iv) food preparation and purchasing 

4 guidance to produce meals and snacks that 

5 are— 

6 ‘‘(I) consistent with the goals of 

7 the most recent Dietary Guidelines; 

8 and 

9 ‘‘(II) promote the health of the 

10 population served by the program 

11 under this section, as recommended 

12 by authoritative scientific organiza13 tions. 

14 ‘‘(D) PHYSICAL ACTIVITY.—Technical as15 sistance relating to the physical activity require16 ments of this subsection shall include— 

17 ‘‘(i) education on the importance of 

18 regular physical activity to overall health 

19 and well being; and 

20 ‘‘(ii) sharing of best practices for 

21 physical activity plans in child care centers 

22 and homes as recommended by authori23 tative scientific organizations. 


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

2 assistance relating to the electronic media use 

3 requirements of this subsection shall include— 

4 ‘‘(i) education on the benefits of lim5 iting exposure to electronic media by chil6 dren; and 

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

8 development of daily activity plans that 

9 limit use of electronic media. 

10 ‘‘(F) MINIMUM ASSISTANCE.—At a min11 imum, the technical assistance required under 

12 this paragraph shall include a handbook, devel13 oped by the Secretary in coordination with the 

14 Secretary for Health and Human Services, that 

15 includes recommendations, guidelines, and best 

16 practices for participating institutions and fam17 ily or group day care homes that are consistent 

18 with the nutrition, physical activity, and 

19 wellness requirements and recommendations of 

20 this subsection. 

21 ‘‘(G) ADDITIONAL ASSISTANCE.—In addi22 tion to the requirements of this paragraph, the 

23 Secretary shall develop and provide such appro24 priate training and education materials, guid25 ance, and technical assistance as the Secretary 


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1 considers to be necessary to comply with the 

2 nutritional and wellness requirements of this 

3 subsection and subsection (g). 

4 ‘‘(H) FUNDING.— 

5 ‘‘(i) IN GENERAL.—On October 1, 

6 2010, out of any funds in the Treasury not 

7 otherwise appropriated, the Secretary of 

8 the Treasury shall transfer to the Sec9 retary to provide technical assistance 

10 under this subsection $10,000,000, to re11 main available until expended. 

12 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

13 The Secretary shall be entitled to receive, 

14 shall accept, and shall use to carry out this 

15 subsection the funds transferred under 

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

17 SEC. 222. INTERAGENCY COORDINATION TO PROMOTE 

18 HEALTH AND WELLNESS IN CHILD CARE LI19 CENSING. 

20 The Secretary shall coordinate with the Secretary of 

21 Health and Human Services to encourage State licensing 

22 agencies to include nutrition and wellness standards with23 in State licensing standards that ensure, to the maximum 

24 extent practicable, that licensed child care centers and 

25 family or group day care homes— 


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1 (1) provide to all children under the supervision 

2 of the child care centers and family or group day 

3 care homes daily opportunities for age-appropriate 

4 physical activity; 

5 (2) limit among children under the supervision 

6 of the child care centers and family or group day 

7 care homes the use of electronic media and the 

8 quantity of time spent in sedentary activity to an ap9 propriate level; 

10 (3) serve meals and snacks that are consistent 

11 with the requirements of the child and adult care 

12 food program established under section 17 of the 

13 Richard B. Russell National School Lunch Act (42 

14 U.S.C. 1766); and 

15 (4) promote such other nutrition and wellness 

16 goals as the Secretaries determine to be necessary. 

17 SEC. 223. STUDY ON NUTRITION AND WELLNESS QUALITY 

18 OF CHILD CARE SETTINGS. 

19 (a) IN GENERAL.—Not less than 3 years after the 

20 date of enactment of this Act, the Secretary, in consulta21 tion with the Secretary of Health and Human Services, 

22 shall enter into a contract for the conduct of a nationally 

23 representative study of child care centers and family or 

24 group day care homes that includes an assessment of— 


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1 (1) the nutritional quality of all foods provided 

2 to children in child care settings as compared to the 

3 recommendations in most recent Dietary Guidelines 

4 for Americans published under section 301 of the 

5 National Nutrition Monitoring and Related Research 

6 Act of 1990 (7 U.S.C. 5341); 

7 (2) the quantity and type of opportunities for 

8 physical activity provided to children in child care 

9 settings; 

10 (3) the quantity of time spent by children in 

11 child care settings in sedentary activities; 

12 (4) an assessment of barriers and facilitators 

13 to— 

14 (A) providing foods to children in child 

15 care settings that meet the recommendations of 

16 the most recent Dietary Guidelines for Ameri17 cans published under section 301 of the Na18 tional Nutrition Monitoring and Related Re19 search Act of 1990 (7 U.S.C. 5341); 

20 (B) providing the appropriate quantity and 

21 type of opportunities of physical activity for 

22 children in child care settings; and 

23 (C) participation by child care centers and 

24 family or group day care homes in the child and 

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1 tion 17 of the Richard B. Russell National 

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

3 (5) such other assessment measures as the Sec4 retary may determine to be necessary. 

5 (b) REPORT TO CONGRESS.—The Secretary shall 

6 submit to Congress a report that includes a detailed de7 scription of the results of the study conducted under sub8 section (a). 

9 (c) FUNDING.— 

10 (1) IN GENERAL.—On October 1, 2010, out of 

11 any funds in the Treasury not otherwise appro12 priated, the Secretary of the Treasury shall transfer 

13 to the Secretary to carry out this section 

14 $5,000,000, to remain available until expended. 

15 (2) RECEIPT AND ACCEPTANCE.—The Sec16 retary shall be entitled to receive, shall accept, and 

17 shall use to carry out this section the funds trans18 ferred under paragraph (1), without further appro19 priation. 


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1 Subtitle C—Special Supplemental 

2 Nutrition Program for Women, 

3 Infants, and Children 

4 SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PRO5 GRAM. 

6 Section 17 of the Child Nutrition Act of 1966 (42 

7 U.S.C. 1786) is amended— 

8 (1) in subsection (a), in the second sentence, by 

9 striking ‘‘supplemental foods and nutrition education 

10 through any eligible local agency’’ and inserting 

11 ‘‘supplemental foods and nutrition education, includ12 ing breastfeeding promotion and support, through 

13 any eligible local agency’’; 

14 (2) in subsection (b)(4), by inserting 

15 ‘‘breastfeeding support and promotion,’’ after ‘‘nu16 trition education,’’; 

17 (3) in subsection (c)(1), in the first sentence, by 

18 striking ‘‘supplemental foods and nutrition education 

19 to’’ and inserting ‘‘supplemental foods, nutrition 

20 education, and breastfeeding support and promotion 

21 to’’; 

22 (4) in subsection (e)(2), in the second sentence, 

23 by inserting ‘‘, including breastfeeding support and 

24 education,’’ after ‘‘nutrition education’’; 


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1 (5) in subsection (f)(6)(B), in the first sen2 tence, by inserting ‘‘and breastfeeding’’ after ‘‘nutri3 tion education’’; 

4 (6) in subsection (h)— 

5 (A) in paragraph (4)— 

6 (i) by striking ‘‘(4) The Secretary’’ 

7 and all that follows through ‘‘(A) in con8 sultation’’ and inserting the following: 

9 ‘‘(4) REQUIREMENTS.— 

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

11 ‘‘(i) in consultation’’; 

12 (ii) by redesignating subparagraphs 

13 (B) through (F) as clauses (ii) through 

14 (vi), respectively, and indenting appro15 priately; 

16 (iii) in clause (v) (as so redesignated), 

17 by striking ‘‘and’’ at the end; 

18 (iv) in clause (vi) (as so redesignated), 

19 by striking ‘‘2010 initiative.’’ and inserting 

20 ‘‘initiative; and’’; and 

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

22 ‘‘(vii) annually compile and publish 

23 breastfeeding performance measurements 

24 based on program participant data on the 

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1 fants, including breastfeeding performance 

2 measurements for— 

3 ‘‘(I) each State agency; and 

4 ‘‘(II) each local agency; 

5 ‘‘(viii) in accordance with subpara6 graph (B), implement a program to recog7 nize exemplary breastfeeding support prac8 tices at local agencies or clinics partici9 pating in the special supplemental nutri10 tion program established under this sec11 tion; and 

12 ‘‘(ix) in accordance with subparagraph 

13 (C), implement a program to provide per14 formance bonuses to State agencies. 

15 ‘‘(B) EXEMPLARY BREASTFEEDING SUP16 PORT PRACTICES.— 

17 ‘‘(i) IN GENERAL.—In evaluating ex18 emplary practices under subparagraph 

19 (A)(viii), the Secretary shall consider— 

20 ‘‘(I) performance measurements 

21 of breastfeeding; 

22 ‘‘(II) the effectiveness of a peer 

23 counselor program; 

24 ‘‘(III) the extent to which the 

25 agency or clinic has partnered with 


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1 other entities to build a supportive 

2 breastfeeding environment for women 

3 participating in the program; and 

4 ‘‘(IV) such other criteria as the 

5 Secretary considers appropriate after 

6 consultation with State and local pro7 gram agencies. 

8 ‘‘(ii) AUTHORIZATION OF APPROPRIA9 TIONS.—There is authorized to be appro10 priated to carry out the activities described 

11 in clause (viii) of subparagraph (A) such 

12 sums as are necessary. 

13 ‘‘(C) PERFORMANCE BONUSES.— 

14 ‘‘(i) IN GENERAL.—Following the 

15 publication of breastfeeding performance 

16 measurements under subparagraph 

17 (A)(vii), the Secretary shall provide per18 formance bonus payments to not more 

19 than 15 State agencies that demonstrate, 

20 as compared to other State agencies par21 ticipating in the program— 

22 ‘‘(I) the highest proportion of 

23 breast-fed infants; or 

24 ‘‘(II) the greatest improvement in 

25 proportion of breast-fed infants. 


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1 ‘‘(ii) CONSIDERATION.—In providing 

2 performance bonus payments to State 

3 agencies under this subparagraph, the Sec4 retary shall consider the proportion of fully 

5 breast-fed infants in the States. 

6 ‘‘(iii) USE OF FUNDS.—A State agen7 cy that receives a performance bonus 

8 under clause (i)— 

9 ‘‘(I) shall treat the funds as pro10 gram income; and 

11 ‘‘(II) may transfer the funds to 

12 local agencies for use in carrying out 

13 the program. 

14 ‘‘(iv) IMPLEMENTATION.—The Sec15 retary shall provide the first performance 

16 bonuses not later than 1 year after the 

17 date of enactment of this clause and may 

18 subsequently revise the criteria for award19 ing performance bonuses; and’’; and 

20 (B) by striking paragraph (10) and insert21 ing the following: 

22 ‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGE23 MENT INFORMATION SYSTEMS, AND SPECIAL NUTRI24 TION EDUCATION.— 


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1 ‘‘(A) IN GENERAL.—For each of fiscal 

2 years 2010 through 2015, the Secretary shall 

3 use for the purposes specified in subparagraph 

4 (B) $134,000,000 (as adjusted annually for in5 flation by the same factor used to determine the 

6 national average per participant grant for nutri7 tion services and administration for the fiscal 

8 year under paragraph (1)(B)). 

9 ‘‘(B) PURPOSES.—Subject to subpara10 graph (C), of the amount made available under 

11 subparagraph (A) for a fiscal year— 

12 ‘‘(i) $14,000,000 shall be used for— 

13 ‘‘(I) infrastructure for the pro14 gram under this section; 

15 ‘‘(II) special projects to promote 

16 breastfeeding, including projects to 

17 assess the effectiveness of particular 

18 breastfeeding promotion strategies; 

19 and 

20 ‘‘(III) special State projects of 

21 regional or national significance to 

22 improve the services of the program; 

23 ‘‘(ii) $30,000,000 shall be used to es24 tablish, improve, or administer manage25 ment information systems for the program, 


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1 including changes necessary to meet new 

2 legislative or regulatory requirements of 

3 the program; and 

4 ‘‘(iii) $90,000,000 shall be used for 

5 special nutrition education (such as 

6 breastfeeding peer counselors and other re7 lated activities), of which not more than 

8 $10,000,000 of any funding provided in 

9 excess of $50,000,000 shall be used to 

10 make performance bonus payments under 

11 paragraph (4)(C). 

12 ‘‘(C) ADJUSTMENT.—Each of the amounts 

13 referred to in clauses (i), (ii), and (iii) of sub14 paragraph (B) shall be adjusted annually for 

15 inflation by the same factor used to determine 

16 the national average per participant grant for 

17 nutrition services and administration for the 

18 fiscal year under paragraph (1)(B). 

19 ‘‘(D) PROPORTIONAL DISTRIBUTION.—The 

20 Secretary shall distribute funds made available 

21 under subparagraph (A) in accordance with the 

22 proportional distribution described in subpara23 graphs (B) and (C).’’; and 

24 (7) in subsection (j), by striking ‘‘supplemental 

25 foods and nutrition education’’ each place it appears 


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1 in paragraphs (1) and (2) and inserting ‘‘supple2 mental foods, nutrition education, and breastfeeding 

3 support and promotion’’. 

4 SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS. 

5 Section 17(f)(11)(D) of the Child Nutrition Act of 

6 1966 (42 U.S.C. 1786(f)(11)(D)) is amended in the mat7 ter preceding clause (i) by inserting ‘‘but not less than 

8 every 10 years,’’ after ‘‘scientific knowledge,’’. 

9 Subtitle D—Miscellaneous 

10 SEC. 241. NUTRITION EDUCATION AND OBESITY PREVEN11 TION GRANT PROGRAM. 

12 (a) IN GENERAL.—The Food and Nutrition Act of 

13 2008 (7 U.S.C. 2011 et seq.) is amended by adding at 

14 the end the following: 

15 ‘‘SEC. 28. NUTRITION EDUCATION AND OBESITY PREVEN16 TION GRANT PROGRAM. 

17 ‘‘(a) DEFINITION OF ELIGIBLE INDIVIDUAL.—In this 

18 section, the term ‘eligible individual’ means an individual 

19 who is eligible to receive benefits under a nutrition edu20 cation and obesity prevention program under this section 

21 as a result of being— 

22 ‘‘(1) an individual eligible for benefits under— 

23 ‘‘(A) this Act; 


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1 ‘‘(B) sections 9(b)(1)(A) and 17(c)(4) of 

2 the Richard B Russell National School Lunch 

3 Act (42 U.S.C. 1758(b)(1)(A), 1766(c)(4)); or 

4 ‘‘(C) section 4(e)(1)(A) of the Child Nutri5 tion Act of 1966 (42 U.S.C. 1773(e)(1)(A)); 

6 ‘‘(2) an individual who resides in a community 

7 with a significant low-income population, as deter8 mined by the Secretary; or 

9 ‘‘(3) such other low-income individual as is de10 termined to be eligible by the Secretary. 

11 ‘‘(b) PROGRAMS.—Consistent with the terms and 

12 conditions of grants awarded under this section, State 

13 agencies may implement a nutrition education and obesity 

14 prevention program for eligible individuals that promotes 

15 healthy food choices consistent with the most recent Die16 tary Guidelines for Americans published under section 301 

17 of the National Nutrition Monitoring and Related Re18 search Act of 1990 (7 U.S.C. 5341). 

19 ‘‘(c) DELIVERY OF NUTRITION EDUCATION AND

20 OBESITY PREVENTION SERVICES.— 

21 ‘‘(1) IN GENERAL.—State agencies may deliver 

22 nutrition education and obesity prevention services 

23 under a program described in subsection (b)— 

24 ‘‘(A) directly to eligible individuals; or 


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1 ‘‘(B) through agreements with other State 

2 or local agencies or community organizations. 

3 ‘‘(2) NUTRITION EDUCATION STATE PLANS.— 

4 ‘‘(A) IN GENERAL.—A State agency that 

5 elects to provide nutrition education and obesity 

6 prevention services under this subsection shall 

7 submit to the Secretary for approval a nutrition 

8 education State plan. 

9 ‘‘(B) REQUIREMENTS.—Except as pro10 vided in subparagraph (C), a nutrition edu11 cation State plan shall— 

12 ‘‘(i) identify the uses of the funding 

13 for local projects; 

14 ‘‘(ii) ensure that the interventions are 

15 appropriate for eligible individuals who are 

16 members of low-income populations by rec17 ognizing the constrained resources, and the 

18 potential eligibility for Federal food assist19 ance programs, of members of those popu20 lations; and 

21 ‘‘(iii) conform to standards established 

22 by the Secretary through regulations, guid23 ance, or grant award documents. 

24 ‘‘(C) TRANSITION PERIOD.—During each 

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1 cation State plan under this section shall be 

2 consistent with the requirements of section 

3 11(f) (as that section existed on the day before 

4 the date of enactment of this section). 

5 ‘‘(3) USE OF FUNDS.— 

6 ‘‘(A) IN GENERAL.—A State agency may 

7 use funds provided under this section for any 

8 evidence-based allowable use of funds identified 

9 by the Administrator of the Food and Nutrition 

10 Service of the Department of Agriculture in 

11 consultation with the Director of the Centers 

12 for Disease Control and Prevention of the De13 partment of Health and Human Services, in14 cluding— 

15 ‘‘(i) individual and group-based nutri16 tion education, health promotion, and 

17 intervention strategies; 

18 ‘‘(ii) comprehensive, multilevel inter19 ventions at multiple complementary organi20 zational and institutional levels; and 

21 ‘‘(iii) community and public health ap22 proaches to improve nutrition. 

23 ‘‘(B) CONSULTATION.—In identifying al24 lowable uses of funds under subparagraph (A) 

25 and in seeking to strengthen delivery, oversight, 


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1 and evaluation of nutrition education, the Ad2 ministrator of the Food and Nutrition Service 

3 shall consult with the Director of the Centers 

4 for Disease Control and Prevention and outside 

5 stakeholders and experts, including— 

6 ‘‘(i) representatives of the academic 

7 and research communities; 

8 ‘‘(ii) nutrition education practitioners; 

9 ‘‘(iii) representatives of State and 

10 local governments; and 

11 ‘‘(iv) community organizations that 

12 serve low-income populations. 

13 ‘‘(4) NOTIFICATION.—To the maximum extent 

14 practicable, State agencies shall notify applicants, 

15 participants, and eligible individuals under this Act 

16 of the availability of nutrition education and obesity 

17 prevention services under this section in local com18 munities. 

19 ‘‘(5) COORDINATION.—Subject to the approval 

20 of the Secretary, projects carried out with funds re21 ceived under this section may be coordinated with 

22 other health promotion or nutrition improvement 

23 strategies, whether public or privately funded, if the 

24 projects carried out with funds received under this 


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1 section remain under the administrative control of 

2 the State agency. 

3 ‘‘(d) FUNDING.— 

4 ‘‘(1) IN GENERAL.—Of funds made available 

5 each fiscal year under section 18(a)(1), the Sec6 retary shall reserve for allocation to State agencies 

7 to carry out the nutrition education and obesity pre8 vention grant program under this section— 

9 ‘‘(A) for fiscal year 2011, $375,000,000; 

10 and 

11 ‘‘(B) for fiscal year 2012 and each subse12 quent fiscal year, the applicable amount during 

13 the preceding fiscal year, as adjusted to reflect 

14 any increases for the 12-month period ending 

15 the preceding June 30 in the Consumer Price 

16 Index for All Urban Consumers published by 

17 the Bureau of Labor Statistics of the Depart18 ment of Labor. 

19 ‘‘(2) ALLOCATION.— 

20 ‘‘(A) INITIAL ALLOCATION.—Of the funds 

21 set aside under paragraph (1), as determined 

22 by the Secretary— 

23 ‘‘(i) for each of fiscal years 2011 

24 through 2013, 100 percent shall be allo25 cated to State agencies based on the 


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1 amount of funding that the State received 

2 for carrying out section 11(f) (as that sec3 tion existed on the day before the date of 

4 enactment of this section) during fiscal 

5 year 2009; and 

6 ‘‘(ii) subject to a reallocation under 

7 subparagraph (B)— 

8 ‘‘(I) for fiscal year 2014— 

9 ‘‘(aa) 90 percent shall be al10 located to State agencies in ac11 cordance with clause (i); and 

12 ‘‘(bb) 10 percent shall be al13 located to State agencies based 

14 on the respective share of each 

15 State of the number of individ16 uals participating in the supple17 mental nutrition assistance pro18 gram during the 12-month period 

19 ending the preceding January 31; 

20 ‘‘(II) for fiscal year 2015— 

21 ‘‘(aa) 80 percent shall be al22 located to State agencies in ac23 cordance with clause (i); and 


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1 ‘‘(bb) 20 percent shall be al2 located in accordance with sub3 clause (I)(bb); 

4 ‘‘(III) for fiscal year 2016— 

5 ‘‘(aa) 70 percent shall be al6 located to State agencies in ac7 cordance with clause (i); and 

8 ‘‘(bb) 30 percent shall be al9 located in accordance with sub10 clause (I)(bb); 

11 ‘‘(IV) for fiscal year 2017— 

12 ‘‘(aa) 60 percent shall be al13 located to State agencies in ac14 cordance with clause (i); and 

15 ‘‘(bb) 40 percent shall be al16 located in accordance with sub17 clause (I)(bb); and 

18 ‘‘(V) for fiscal year 2018 and 

19 each fiscal year thereafter— 

20 ‘‘(aa) 50 percent shall be al21 located to State agencies in ac22 cordance with clause (i); and 

23 ‘‘(bb) 50 percent shall be al24 located in accordance with sub25 clause (I)(bb). 


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1 ‘‘(B) REALLOCATION.— 

2 ‘‘(i) IN GENERAL.—If the Secretary 

3 determines that a State agency will not ex4 pend all of the funds allocated to the State 

5 agency for a fiscal year under paragraph 

6 (1) or in the case of a State agency that 

7 elects not to receive the entire amount of 

8 funds allocated to the State agency for a 

9 fiscal year, the Secretary shall reallocate 

10 the unexpended funds to other States dur11 ing the fiscal year or the subsequent fiscal 

12 year (as determined by the Secretary) that 

13 have approved State plans under which the 

14 State agencies may expend the reallocated 

15 funds. 

16 ‘‘(ii) EFFECT OF ADDITIONAL

17 FUNDS.— 

18 ‘‘(I) FUNDS RECEIVED.—Any re19 allocated funds received by a State 

20 agency under clause (i) for a fiscal 

21 year shall be considered to be part of 

22 the fiscal year 2009 base allocation of 

23 funds to the State agency for that fis24 cal year for purposes of determining 


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1 allocation under subparagraph (A) for 

2 the subsequent fiscal year. 

3 ‘‘(II) FUNDS SURRENDERED.— 

4 Any funds surrendered by a State 

5 agency under clause (i) shall not be 

6 considered to be part of the fiscal year 

7 2009 base allocation of funds to a 

8 State agency for that fiscal year for 

9 purposes of determining allocation 

10 under subparagraph (A) for the sub11 sequent fiscal year. 

12 ‘‘(3) LIMITATION ON FEDERAL FINANCIAL PAR13 TICIPATION.— 

14 ‘‘(A) IN GENERAL.—Grants awarded under 

15 this section shall be the only source of Federal 

16 financial participation under this Act in nutri17 tion education and obesity prevention. 

18 ‘‘(B) EXCLUSION.—Any costs of nutrition 

19 education and obesity prevention in excess of 

20 the grants authorized under this section shall 

21 not be eligible for reimbursement under section 

22 16(a). 

23 ‘‘(e) IMPLEMENTATION.—Not later than January 1, 

24 2012, the Secretary shall publish in the Federal Register 


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1 a description of the requirements for the receipt of a grant 

2 under this section.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 4(a) of the Food and Nutrition Act 

5 of 2008 (7 U.S.C. 2013(a)) is amended in the first 

6 sentence by striking ‘‘and, through an approved 

7 State plan, nutrition education’’. 

8 (2) Section 11 of the Food and Nutrition Act 

9 of 2008 (7 U.S.C. 2020) is amended by striking 

10 subsection (f). 

11 SEC. 242. PROCUREMENT AND PROCESSING OF FOOD SERV12 ICE PRODUCTS AND COMMODITIES. 

13 Section 9(a)(4) of the Richard B. Russell National 

14 School Lunch Act (42 U.S.C. 1758(a)(4)) is amended by 

15 adding at the end the following: 

16 ‘‘(C) PROCUREMENT AND PROCESSING OF

17 FOOD SERVICE PRODUCTS AND COMMOD18 ITIES.—The Secretary shall— 

19 ‘‘(i) identify, develop, and disseminate 

20 to State departments of agriculture and 

21 education, school food authorities, local 

22 educational agencies, and local processing 

23 entities, model product specifications and 

24 practices for foods offered in school nutri25 tion programs under this Act and the 


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

2 1771 et seq.) to ensure that the foods re3 flect the most recent Dietary Guidelines 

4 for Americans published under section 301 

5 of the National Nutrition Monitoring and 

6 Related Research Act of 1990 (7 U.S.C. 

7 5341); 

8 ‘‘(ii) not later than 1 year after the 

9 date of enactment of this subparagraph— 

10 ‘‘(I) carry out a study to analyze 

11 the quantity and quality of nutritional 

12 information available to school food 

13 authorities about food service prod14 ucts and commodities; and 

15 ‘‘(II) submit to Congress a report 

16 on the results of the study that con17 tains such legislative recommendations 

18 as the Secretary considers necessary 

19 to ensure that school food authorities 

20 have access to the nutritional informa21 tion needed for menu planning and 

22 compliance assessments; and 

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1 grams under this Act and the Child Nutri2 tion Act of 1966 (42 U.S.C. 1771 et seq.), 

3 purchase the widest variety of healthful 

4 foods that reflect the most recent Dietary 

5 Guidelines for Americans.’’. 

6 SEC. 243. ACCESS TO LOCAL FOODS: FARM TO SCHOOL 

7 PROGRAM. 

8 Section 18 of the Richard B. Russell National School 

9 Lunch Act (42 U.S.C. 1769) is amended— 

10 (1) by redesignating subsections (h) and (i) and 

11 subsection (j) (as added by section 210) as sub12 sections (i) through (k), respectively; 

13 (2) in subsection (g), by striking ‘‘(g) ACCESS

14 TO LOCAL FOODS AND SCHOOL GARDENS.—’’ and 

15 all that follows through ‘‘(3) PILOT PROGRAM FOR

16 HIGH-POVERTY SCHOOLS.—’’ and inserting the fol17 lowing: 

18 ‘‘(g) ACCESS TO LOCAL FOODS: FARM TO SCHOOL

19 PROGRAM.— 

20 ‘‘(1) DEFINITION OF ELIGIBLE SCHOOL.—In 

21 this subsection, the term ‘eligible school’ means a 

22 school or institution that participates in a program 

23 under this Act or the school breakfast program es24 tablished under section 4 of the Child Nutrition Act 

25 of 1966 (42 U.S.C. 1773). 


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1 ‘‘(2) PROGRAM.—The Secretary shall carry out 

2 a program to assist eligible schools, State and local 

3 agencies, Indian tribal organizations, agricultural 

4 producers or groups of agricultural producers, and 

5 nonprofit entities through grants and technical as6 sistance to implement farm to school programs that 

7 improve access to local foods in eligible schools. 

8 ‘‘(3) GRANTS.— 

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

10 award competitive grants under this subsection 

11 to be used for— 

12 ‘‘(i) training; 

13 ‘‘(ii) supporting operations; 

14 ‘‘(iii) planning; 

15 ‘‘(iv) purchasing equipment; 

16 ‘‘(v) developing school gardens; 

17 ‘‘(vi) developing partnerships; and 

18 ‘‘(vii) implementing farm to school 

19 programs. 

20 ‘‘(B) REGIONAL BALANCE.—In making 

21 awards under this subsection, the Secretary 

22 shall, to the maximum extent practicable, en23 sure— 

24 ‘‘(i) geographical diversity; and 


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1 ‘‘(ii) equitable treatment of urban, 

2 rural, and tribal communities. 

3 ‘‘(C) MAXIMUM AMOUNT.—The total 

4 amount provided to a grant recipient under this 

5 subsection shall not exceed $100,000. 

6 ‘‘(4) FEDERAL SHARE.— 

7 ‘‘(A) IN GENERAL.—The Federal share of 

8 costs for a project funded through a grant 

9 awarded under this subsection shall not exceed 

10 75 percent of the total cost of the project. 

11 ‘‘(B) FEDERAL MATCHING.—As a condi12 tion of receiving a grant under this subsection, 

13 a grant recipient shall provide matching sup14 port in the form of cash or in-kind contribu15 tions, including facilities, equipment, or services 

16 provided by State and local governments, non17 profit organizations, and private sources. 

18 ‘‘(5) CRITERIA FOR SELECTION.—To the max19 imum extent practicable, in providing assistance 

20 under this subsection, the Secretary shall give the 

21 highest priority to funding projects that, as deter22 mined by the Secretary— 

23 ‘‘(A) make local food products available on 

24 the menu of the eligible school; 


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1 ‘‘(B) serve a high proportion of children 

2 who are eligible for free or reduced price 

3 lunches; 

4 ‘‘(C) incorporate experiential nutrition edu5 cation activities in curriculum planning that en6 courage the participation of school children in 

7 farm and garden-based agricultural education 

8 activities; 

9 ‘‘(D) demonstrate collaboration between el10 igible schools, nongovernmental and community11 based organizations, agricultural producer 

12 groups, and other community partners; 

13 ‘‘(E) include adequate and participatory 

14 evaluation plans; 

15 ‘‘(F) demonstrate the potential for long16 term program sustainability; and 

17 ‘‘(G) meet any other criteria that the Sec18 retary determines appropriate. 

19 ‘‘(6) EVALUATION.—As a condition of receiving 

20 a grant under this subsection, each grant recipient 

21 shall agree to cooperate in an evaluation by the Sec22 retary of the program carried out using grant funds. 

23 ‘‘(7) TECHNICAL ASSISTANCE.—The Secretary 

24 shall provide technical assistance and information to 


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1 assist eligible schools, State and local agencies, In2 dian tribal organizations, and nonprofit entities— 

3 ‘‘(A) to facilitate the coordination and 

4 sharing of information and resources in the De5 partment that may be applicable to the farm to 

6 school program; 

7 ‘‘(B) to collect and share information on 

8 best practices; and 

9 ‘‘(C) to disseminate research and data on 

10 existing farm to school programs and the poten11 tial for programs in underserved areas. 

12 ‘‘(8) FUNDING.— 

13 ‘‘(A) IN GENERAL.—On October 1, 2012, 

14 and each October 1 thereafter, out of any funds 

15 in the Treasury not otherwise appropriated, the 

16 Secretary of the Treasury shall transfer to the 

17 Secretary to carry out this subsection 

18 $5,000,000, to remain available until expended. 

19 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

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

22 the funds transferred under subparagraph (A), 

23 without further appropriation. 

24 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In 

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1 graph (8), there are authorized to be appropriated to 

2 carry out this subsection such sums as are necessary 

3 for each of fiscal years 2011 through 2015. 

4 ‘‘(h) PILOT PROGRAM FOR HIGH-POVERTY

5 SCHOOLS.— 

6 ‘‘(1) IN GENERAL.—’’; and 

7 (3) in subsection (h) (as redesignated by para8 graph (2))— 

9 (A) in subparagraph (F) of paragraph (1) 

10 (as so redesignated), by striking ‘‘in accordance 

11 with paragraph (1)(H)’’ and inserting ‘‘carried 

12 out by the Secretary’’; and 

13 (B) by redesignating paragraph (4) as 

14 paragraph (2). 

15 SEC. 244. RESEARCH ON STRATEGIES TO PROMOTE THE SE16 LECTION AND CONSUMPTION OF HEALTHY 

17 FOODS. 

18 (a) IN GENERAL.—The Secretary, in consultation 

19 with the Secretary of Health and Human Services, shall 

20 establish a research, demonstration, and technical assist21 ance program to promote healthy eating and reduce the 

22 prevalence of obesity, among all population groups but es23 pecially among children, by applying the principles and in24 sights of behavioral economics research in schools, child 

25 care programs, and other settings. 


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1 (b) PRIORITIES.—The Secretary shall— 

2 (1) identify and assess the impacts of specific 

3 presentation, placement, and other strategies for 

4 structuring choices on selection and consumption of 

5 healthful foods in a variety of settings, consistent 

6 with the most recent version of the Dietary Guide7 lines for Americans published under section 301 of 

8 the National Nutrition Monitoring and Related Re9 search Act of 1990 (7 U.S.C. 5341); 

10 (2) demonstrate and rigorously evaluate behav11 ioral economics-related interventions that hold prom12 ise to improve diets and promote health, including 

13 through demonstration projects that may include 

14 evaluation of the use of portion size, labeling, con15 venience, and other strategies to encourage healthy 

16 choices; and 

17 (3) encourage adoption of the most effective 

18 strategies through outreach and technical assistance. 

19 (c) AUTHORITY.—In carrying out the program under 

20 subsection (a), the Secretary may— 

21 (1) enter into competitively awarded contracts 

22 or cooperative agreements; or 

23 (2) provide grants to States or public or private 

24 agencies or organizations, as determined by the Sec25 retary. 


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1 (d) APPLICATION.—To be eligible to enter into a con2 tract or cooperative agreement or receive a grant under 

3 this section, a State or public or private agency or organi4 zation shall submit to the Secretary an application at such 

5 time, in such manner, and containing such information as 

6 the Secretary may require. 

7 (e) COORDINATION.—The solicitation and evaluation 

8 of contracts, cooperative agreements, and grant proposals 

9 considered under this section shall be coordinated with the 

10 Food and Nutrition Service as appropriate to ensure that 

11 funded projects are consistent with the operations of Fed12 erally supported nutrition assistance programs and related 

13 laws (including regulations). 

14 (f) ANNUAL REPORTS.—Not later than 90 days after 

15 the end of each fiscal year, the Secretary shall submit to 

16 the Committee on Agriculture of the House of Representa17 tives and the Committee on Agriculture, Nutrition, and 

18 Forestry of the Senate a report that includes a description 

19 of— 

20 (1) the policies, priorities, and operations of the 

21 program carried out by the Secretary under this sec22 tion during the fiscal year; 

23 (2) the results of any evaluations completed 

24 during the fiscal year; and 


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1 (3) the efforts undertaken to disseminate suc2 cessful practices through outreach and technical as3 sistance. 

4 (g) AUTHORIZATION OF APPROPRIATIONS.— 

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

6 appropriated to carry out this section such sums as 

7 are necessary for each of fiscal years 2011 through 

8 2015. 

9 (2) USE OF FUNDS.—The Secretary may use 

10 up to 5 percent of the funds made available under 

11 paragraph (1) for Federal administrative expenses 

12 incurred in carrying out this section. 

13 TITLE III—IMPROVING THE MAN14 AGEMENT AND INTEGRITY OF 

15 CHILD NUTRITION PRO16 GRAMS 

17 Subtitle A—National School Lunch 

18 Program 

19 SEC. 301. PRIVACY PROTECTION. 

20 Section 9(d)(1) of the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1758(d)(1)) is amended— 

22 (1) in the first sentence, by inserting ‘‘the last 

23 4 digits of’’ before ‘‘the social security account num24 ber’’; and 

25 (2) by striking the second sentence. 


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1 SEC. 302. APPLICABILITY OF FOOD SAFETY PROGRAM ON 

2 ENTIRE SCHOOL CAMPUS. 

3 Section 9(h)(5) of the Richard B. Russell National 

4 School Lunch Act (42 U.S.C. 1758(h)(5)) is amended— 

5 (1) by striking ‘‘Each school food’’ and insert6 ing the following: 

7 ‘‘(A) IN GENERAL.—Each school food’’; 

8 and 

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

10 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

11 shall apply to any facility or part of a facility 

12 in which food is stored, prepared, or served for 

13 the purposes of the school nutrition programs 

14 under this Act or section 4 of the Child Nutri15 tion Act of 1966 (42 U.S.C. 1773).’’. 

16 SEC. 303. FINES FOR VIOLATING PROGRAM REQUIRE17 MENTS. 

18 Section 22 of the Richard B. Russell National School 

19 Lunch Act (42 U.S.C. 1769c) is amended by adding at 

20 the end the following: 

21 ‘‘(e) FINES FOR VIOLATING PROGRAM REQUIRE22 MENTS.— 

23 ‘‘(1) SCHOOL FOOD AUTHORITIES AND

24 SCHOOLS.— 

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

26 establish criteria by which the Secretary or a 


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1 State agency may impose a fine against any 

2 school food authority or school administering a 

3 program authorized under this Act or the Child 

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

5 if the Secretary or the State agency determines 

6 that the school food authority or school has— 

7 ‘‘(i) failed to correct severe mis8 management of the program; 

9 ‘‘(ii) disregarded a program require10 ment of which the school food authority or 

11 school had been informed; or 

12 ‘‘(iii) failed to correct repeated viola13 tions of program requirements. 

14 ‘‘(B) LIMITS.— 

15 ‘‘(i) IN GENERAL.—In calculating the 

16 fine for a school food authority or school, 

17 the Secretary shall base the amount of the 

18 fine on the reimbursement earned by 

19 school food authority or school for the pro20 gram in which the violation occurred. 

21 ‘‘(ii) AMOUNT.—The amount under 

22 clause (i) shall not exceed— 

23 ‘‘(I) 1 percent of the amount of 

24 meal reimbursements earned for the 

25 fiscal year for the first finding of 1 or 


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1 more program violations under sub2 paragraph (A); 

3 ‘‘(II) 5 percent of the amount of 

4 meal reimbursements earned for the 

5 fiscal year for the second finding of 1 

6 or more program violations under sub7 paragraph (A); and 

8 ‘‘(III) 10 percent of the amount 

9 of meal reimbursements earned for 

10 the fiscal year for the third or subse11 quent finding of 1 or more program 

12 violations under subparagraph (A). 

13 ‘‘(2) STATE AGENCIES.— 

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

15 establish criteria by which the Secretary may 

16 impose a fine against any State agency admin17 istering a program authorized under this Act or 

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

19 1771 et seq.) if the Secretary determines that 

20 the State agency has— 

21 ‘‘(i) failed to correct severe mis22 management of the program; 

23 ‘‘(ii) disregarded a program require24 ment of which the State had been in25 formed; or 


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1 ‘‘(iii) failed to correct repeated viola2 tions of program requirements. 

3 ‘‘(B) LIMITS.—In the case of a State agen4 cy, the amount of a fine under subparagraph 

5 (A) shall not exceed— 

6 ‘‘(i) 1 percent of funds made available 

7 under section 7(a) of the Child Nutrition 

8 Act of 1966 (42 U.S.C. 1776(a)) for State 

9 administrative expenses during a fiscal 

10 year for the first finding of 1 or more pro11 gram violations under subparagraph (A); 

12 ‘‘(ii) 5 percent of funds made avail13 able under section 7(a) of the Child Nutri14 tion Act of 1966 (42 U.S.C. 1776(a)) for 

15 State administrative expenses during a fis16 cal year for the second finding of 1 or 

17 more program violations under subpara18 graph (A); and 

19 ‘‘(iii) 10 percent of funds made avail20 able under section 7(a) of the Child Nutri21 tion Act of 1966 (42 U.S.C. 1776(a)) for 

22 State administrative expenses during a fis23 cal year for the third or subsequent finding 

24 of 1 or more program violations under sub25 paragraph (A). 


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1 ‘‘(3) SOURCE OF FUNDING.—Funds to pay a 

2 fine imposed under paragraph (1) or (2) shall be de3 rived from non-Federal sources.’’. 

4 SEC. 304. INDEPENDENT REVIEW OF APPLICATIONS. 

5 Section 22(b) of the Richard B. Russell National 

6 School Lunch Act (42 U.S.C. 1769c(b)) is amended by 

7 adding at the end the following: 

8 ‘‘(6) ELIGIBILITY DETERMINATION REVIEW FOR

9 SELECTED LOCAL EDUCATIONAL AGENCIES.— 

10 ‘‘(A) IN GENERAL.—A local educational 

11 agency that has demonstrated a high level of, or 

12 a high risk for, administrative error associated 

13 with certification, verification, and other admin14 istrative processes, as determined by the Sec15 retary, shall ensure that the initial eligibility de16 termination for each application is reviewed for 

17 accuracy prior to notifying a household of the 

18 eligibility or ineligibility of the household for 

19 free or reduced price meals. 

20 ‘‘(B) TIMELINESS.—The review of initial 

21 eligibility determinations— 

22 ‘‘(i) shall be completed in a timely 

23 manner; and 

24 ‘‘(ii) shall not result in the delay of an 

25 eligibility determination for more than 10 


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1 operating days after the date on which the 

2 application is submitted. 

3 ‘‘(C) ACCEPTABLE TYPES OF REVIEW.— 

4 Subject to standards established by the Sec5 retary, the system used to review eligibility de6 terminations for accuracy shall be conducted by 

7 an individual or entity that did not make the 

8 initial eligibility determination. 

9 ‘‘(D) NOTIFICATION OF HOUSEHOLD.— 

10 Once the review of an eligibility determination 

11 has been completed under this paragraph, the 

12 household shall be notified immediately of the 

13 determination of eligibility or ineligibility for 

14 free or reduced price meals. 

15 ‘‘(E) REPORTING.— 

16 ‘‘(i) LOCAL EDUCATIONAL AGEN17 CIES.—In accordance with procedures es18 tablished by the Secretary, each local edu19 cational agency required to review initial 

20 eligibility determinations shall submit to 

21 the relevant State agency a report describ22 ing the results of the reviews, including— 

23 ‘‘(I) the number and percentage 

24 of reviewed applications for which the 


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1 eligibility determination was changed 

2 and the type of change made; and 

3 ‘‘(II) such other information as 

4 the Secretary determines to be nec5 essary. 

6 ‘‘(ii) STATE AGENCIES.—In accord7 ance with procedures established by the 

8 Secretary, each State agency shall submit 

9 to the Secretary a report describing the re10 sults of the reviews of initial eligibility de11 terminations, including— 

12 ‘‘(I) the number and percentage 

13 of reviewed applications for which the 

14 eligibility determination was changed 

15 and the type of change made; and 

16 ‘‘(II) such other information as 

17 the Secretary determines to be nec18 essary. 

19 ‘‘(iii) TRANSPARENCY.—The Sec20 retary shall publish annually the results of 

21 the reviews of initial eligibility determina22 tions by State, number, percentage, and 

23 type of error.’’. 


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1 SEC. 305. PROGRAM EVALUATION. 

2 Section 28 of the Richard B. Russell National School 

3 Lunch Act (42 U.S.C. 1769i) is amended by adding at 

4 the end the following: 

5 ‘‘(c) COOPERATION WITH PROGRAM RESEARCH AND

6 EVALUATION.—States, State educational agencies, local 

7 educational agencies, schools, institutions, facilities, and 

8 contractors participating in programs authorized under 

9 this Act and the Child Nutrition Act of 1966 (42 U.S.C. 

10 1771 et seq.) shall cooperate with officials and contractors 

11 acting on behalf of the Secretary, in the conduct of evalua12 tions and studies under those Acts.’’. 

13 SEC. 306. PROFESSIONAL STANDARDS FOR SCHOOL FOOD 

14 SERVICE. 

15 Section 7 of the Child Nutrition Act of 1966 (42 

16 U.S.C. 1776) is amended by striking subsection (g) and 

17 inserting the following: 

18 ‘‘(g) PROFESSIONAL STANDARDS FOR SCHOOL FOOD

19 SERVICE.— 

20 ‘‘(1) CRITERIA FOR SCHOOL FOOD SERVICE

21 AND STATE AGENCY DIRECTORS.— 

22 ‘‘(A) SCHOOL FOOD SERVICE DIREC23 TORS.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 shall establish a program of required edu26 cation, training, and certification for all 


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1 school food service directors responsible for 

2 the management of a school food author3 ity. 

4 ‘‘(ii) REQUIREMENTS.—The program 

5 shall include— 

6 ‘‘(I) minimum educational re7 quirements necessary to successfully 

8 manage the school lunch program es9 tablished under the Richard B. Rus10 sell National School Lunch Act (42 

11 U.S.C. 1751 et seq.) and the school 

12 breakfast program established by sec13 tion 4 of this Act; 

14 ‘‘(II) minimum program training 

15 and certification criteria for school 

16 food service directors; and 

17 ‘‘(III) minimum periodic training 

18 criteria to maintain school food serv19 ice director certification. 

20 ‘‘(B) SCHOOL NUTRITION STATE AGENCY

21 DIRECTORS.—The Secretary shall establish cri22 teria and standards for States to use in the se23 lection of State agency directors with responsi24 bility for the school lunch program established 

25 under the Richard B. Russell National School 


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

2 school breakfast program established by section 

3 4 of this Act. 

4 ‘‘(C) TRAINING PROGRAM PARTNERSHIP.— 

5 The Secretary may provide financial and other 

6 assistance to 1 or more professional food service 

7 management organizations— 

8 ‘‘(i) to establish and manage the pro9 gram under this paragraph; and 

10 ‘‘(ii) to develop voluntary training and 

11 certification programs for other school food 

12 service workers. 

13 ‘‘(D) REQUIRED DATE OF COMPLIANCE.— 

14 ‘‘(i) SCHOOL FOOD SERVICE DIREC15 TORS.—The Secretary shall establish a 

16 date by which all school food service direc17 tors whose local educational agencies are 

18 participating in the school lunch program 

19 established under the Richard B. Russell 

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

21 1751 et seq.) and the school breakfast pro22 gram established by section 4 of this Act 

23 shall be required to comply with the edu24 cation, training, and certification criteria 


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1 established in accordance with subpara2 graph (A). 

3 ‘‘(ii) SCHOOL NUTRITION STATE

4 AGENCY DIRECTORS.—The Secretary shall 

5 establish a date by which all State agencies 

6 shall be required to comply with criteria 

7 and standards established in accordance 

8 with subparagraph (B) for the selection of 

9 State agency directors with responsibility 

10 for the school lunch program established 

11 under the Richard B. Russell National 

12 School Lunch Act (42 U.S.C. 1751 et seq.) 

13 and the school breakfast program estab14 lished by section 4 of this Act. 

15 ‘‘(2) TRAINING AND CERTIFICATION OF FOOD

16 SERVICE PERSONNEL.— 

17 ‘‘(A) TRAINING FOR INDIVIDUALS CON18 DUCTING OR OVERSEEING ADMINISTRATIVE

19 PROCEDURES.— 

20 ‘‘(i) IN GENERAL.—At least annually, 

21 each State shall provide training in admin22 istrative practices (including training in 

23 application, certification, verification, meal 

24 counting, and meal claiming procedures) to 

25 local educational agency and school food 


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1 authority personnel and other appropriate 

2 personnel. 

3 ‘‘(ii) FEDERAL ROLE.—The Secretary 

4 shall— 

5 ‘‘(I) provide training and tech6 nical assistance described in clause (i) 

7 to the State; or 

8 ‘‘(II) at the option of the Sec9 retary, directly provide training and 

10 technical assistance described in 

11 clause (i). 

12 ‘‘(iii) REQUIRED PARTICIPATION.—In 

13 accordance with procedures established by 

14 the Secretary, each local educational agen15 cy or school food authority shall ensure 

16 that an individual conducting or overseeing 

17 administrative procedures described in 

18 clause (i) receives training at least annu19 ally, unless determined otherwise by the 

20 Secretary. 

21 ‘‘(B) TRAINING AND CERTIFICATION OF

22 ALL LOCAL FOOD SERVICE PERSONNEL.— 

23 ‘‘(i) IN GENERAL.—The Secretary 

24 shall provide training designed to im25 prove— 


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1 ‘‘(I) the accuracy of approvals for 

2 free and reduced price meals; and 

3 ‘‘(II) the identification of reim4 bursable meals at the point of service. 

5 ‘‘(ii) CERTIFICATION OF LOCAL PER6 SONNEL.—In accordance with criteria es7 tablished by the Secretary, local food serv8 ice personnel shall complete annual train9 ing and receive annual certification— 

10 ‘‘(I) to ensure program compli11 ance and integrity; and 

12 ‘‘(II) to demonstrate competence 

13 in the training provided under clause 

14 (i). 

15 ‘‘(iii) TRAINING MODULES.—A train16 ing program carried out under this sub17 paragraph shall include training modules 

18 on— 

19 ‘‘(I) nutrition; 

20 ‘‘(II) health and food safety 

21 standards and methodologies; and 

22 ‘‘(III) any other appropriate top23 ics, as determined by the Secretary. 

24 ‘‘(3) FUNDING.— 


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1 ‘‘(A) IN GENERAL.—Out of any funds in 

2 the Treasury not otherwise appropriated, the 

3 Secretary of the Treasury shall transfer to the 

4 Secretary to carry out this subsection, to re5 main available until expended— 

6 ‘‘(i) on October 1, 2010, $5,000,000; 

7 and 

8 ‘‘(ii) on each October 1 thereafter, 

9 $1,000,000. 

10 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

11 Secretary shall be entitled to receive, shall ac12 cept, and shall use to carry out this subsection 

13 the funds transferred under subparagraph (A), 

14 without further appropriation.’’. 

15 SEC. 307. INDIRECT COSTS. 

16 (a) GUIDANCE ON INDIRECT COSTS RULES.—Not 

17 later than 180 days after the date of enactment of this 

18 Act, the Secretary shall issue guidance to school food au19 thorities participating in the school lunch program estab20 lished under the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1751 et seq.) and the school break22 fast program established by section 4 of the Child Nutri23 tion Act of 1966 (42 U.S.C. 1773) covering program rules 

24 pertaining to indirect costs, including allowable indirect 


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1 costs that may be charged to the nonprofit school food 

2 service account. 

3 (b) INDIRECT COST STUDY.—The Secretary shall— 

4 (1) conduct a study to assess the extent to 

5 which school food authorities participating in the 

6 school lunch program established under the Richard 

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

8 1751 et seq.) and the school breakfast program es9 tablished by section 4 of the Child Nutrition Act of 

10 1966 (42 U.S.C. 1773) pay indirect costs, including 

11 assessments of— 

12 (A) the allocation of indirect costs to, and 

13 the methodologies used to establish indirect cost 

14 rates for, school food authorities participating 

15 in the school lunch program established under 

16 the Richard B. Russell National School Lunch 

17 Act (42 U.S.C. 1751 et seq.) and the school 

18 breakfast program established by section 4 of 

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

20 1773); 

21 (B) the impact of indirect costs charged to 

22 the nonprofit school food service account; 

23 (C) the types and amounts of indirect costs 

24 charged and recovered by school districts; 


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1 (D) whether the indirect costs charged or 

2 recovered are consistent with requirements for 

3 the allocation of indirect costs and school food 

4 service operations; and 

5 (E) the types and amounts of indirect 

6 costs that could be charged or recovered under 

7 requirements for the allocation of indirect costs 

8 and school food service operations but are not 

9 charged or recovered; and 

10 (2) after completing the study required under 

11 paragraph (1), issue additional guidance relating to 

12 the types of costs that are reasonable and necessary 

13 to provide meals under the Richard B. Russell Na14 tional School Lunch Act (42 U.S.C. 1751 et seq.) 

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

16 1771 et seq.). 

17 (c) REGULATIONS.—After conducting the study 

18 under subsection (b)(1) and identifying costs under sub19 section (b)(2), the Secretary may promulgate regulations 

20 to address— 

21 (1) any identified deficiencies in the allocation 

22 of indirect costs; and 

23 (2) the authority of school food authorities to 

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1 retary as reasonable and necessary under subsection 

2 (b)(2). 

3 (d) REPORT.—Not later than October 1, 2013, the 

4 Secretary shall submit to the Committee on Education and 

5 Labor of the House of Representatives and the Committee 

6 on Agriculture, Nutrition, and Forestry of the Senate a 

7 report that describes the results of the study under sub8 section (b). 

9 (e) FUNDING.— 

10 (1) IN GENERAL.—On October 1, 2010, out of 

11 any funds in the Treasury not otherwise appro12 priated, the Secretary of the Treasury shall transfer 

13 to the Secretary to carry out this section 

14 $2,000,000, to remain available until expended. 

15 (2) RECEIPT AND ACCEPTANCE.—The Sec16 retary shall be entitled to receive, shall accept, and 

17 shall use to carry out this section the funds trans18 ferred under paragraph (1), without further appro19 priation. 

20 SEC. 308. ENSURING SAFETY OF SCHOOL MEALS. 

21 The Richard B. Russell National School Lunch Act 

22 is amended by after section 28 (42 U.S.C. 1769i) the fol23 lowing: 


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1 ‘‘SEC. 29. ENSURING SAFETY OF SCHOOL MEALS. 

2 ‘‘(a) FOOD AND NUTRITION SERVICE.—Not later 

3 than 1 year after the date of enactment of the Healthy, 

4 Hunger-Free Kids Act of 2010, the Secretary, acting 

5 through the Administrator of the Food and Nutrition 

6 Service, shall— 

7 ‘‘(1) in consultation with the Administrator of 

8 the Agricultural Marketing Service and the Adminis9 trator of the Farm Service Agency, develop guide10 lines to determine the circumstances under which it 

11 is appropriate for the Secretary to institute an ad12 ministrative hold on suspect foods purchased by the 

13 Secretary that are being used in school meal pro14 grams under this Act and the Child Nutrition Act 

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

16 ‘‘(2) work with States to explore ways for the 

17 States to increase the timeliness of notification of 

18 food recalls to schools and school food authorities; 

19 ‘‘(3) improve the timeliness and completeness of 

20 direct communication between the Food and Nutri21 tion Service and States about holds and recalls, such 

22 as through the commodity alert system of the Food 

23 and Nutrition Service; and 

24 ‘‘(4) establish a timeframe to improve the com25 modity hold and recall procedures of the Department 

26 of Agriculture to address the role of processors and 


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1 determine the involvement of distributors with proc2 essed products that may contain recalled ingredients, 

3 to facilitate the provision of more timely and com4 plete information to schools. 

5 ‘‘(b) FOOD SAFETY AND INSPECTION SERVICE.—Not 

6 later than 1 year after the date of enactment of the 

7 Healthy, Hunger-Free Kids Act of 2010, the Secretary, 

8 acting through the Administrator of the Food Safety and 

9 Inspection Service, shall revise the procedures of the Food 

10 Safety and Inspection Service to ensure that schools are 

11 included in effectiveness checks.’’. 

12 Subtitle B—Summer Food Service 

13 Program 

14 SEC. 321. SUMMER FOOD SERVICE PROGRAM PERMANENT 

15 OPERATING AGREEMENTS. 

16 Section 13(b) of the Richard B. Russell National 

17 School Lunch Act (42 U.S.C. 1761(b)) is amended by 

18 striking paragraph (3) and inserting the following: 

19 ‘‘(3) PERMANENT OPERATING AGREEMENTS

20 AND BUDGET FOR ADMINISTRATIVE COSTS.— 

21 ‘‘(A) PERMANENT OPERATING AGREE22 MENTS.— 

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

24 (ii) and (iii), to participate in the program, 

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1 tions of eligibility described in this section 

2 and in regulations promulgated by the Sec3 retary, shall be required to enter into a 

4 permanent agreement with the applicable 

5 State agency. 

6 ‘‘(ii) AMENDMENTS.—A permanent 

7 agreement described in clause (i) may be 

8 amended as necessary to ensure that the 

9 service institution is in compliance with all 

10 requirements established in this section or 

11 by the Secretary. 

12 ‘‘(iii) TERMINATION.—A permanent 

13 agreement described in clause (i)— 

14 ‘‘(I) may be terminated for con15 venience by the service institution and 

16 State agency that is a party to the 

17 permanent agreement; and 

18 ‘‘(II) shall be terminated— 

19 ‘‘(aa) for cause by the appli20 cable State agency in accordance 

21 with subsection (q) and with reg22 ulations promulgated by the Sec23 retary; or 


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1 ‘‘(bb) on termination of par2 ticipation of the service institu3 tion in the program. 

4 ‘‘(B) BUDGET FOR ADMINISTRATIVE

5 COSTS.— 

6 ‘‘(i) IN GENERAL.—When applying for 

7 participation in the program, and not less 

8 frequently than annually thereafter, each 

9 service institution shall submit a complete 

10 budget for administrative costs related to 

11 the program, which shall be subject to ap12 proval by the State. 

13 ‘‘(ii) AMOUNT.—Payment to service 

14 institutions for administrative costs shall 

15 equal the levels determined by the Sec16 retary pursuant to the study required in 

17 paragraph (4).’’. 

18 SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALI19 FICATION. 

20 Section 13 of the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1761) is amended— 

22 (1) by redesignating subsection (q) as sub23 section (r); and 

24 (2) by inserting after subsection (p) the fol25 lowing: 


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1 ‘‘(q) TERMINATION AND DISQUALIFICATION OF PAR2 TICIPATING ORGANIZATIONS.— 

3 ‘‘(1) IN GENERAL.—Each State agency shall 

4 follow the procedures established by the Secretary 

5 for the termination of participation of institutions 

6 under the program. 

7 ‘‘(2) FAIR HEARING.—The procedures described 

8 in paragraph (1) shall include provision for a fair 

9 hearing and prompt determination for any service 

10 institution aggrieved by any action of the State 

11 agency that affects— 

12 ‘‘(A) the participation of the service insti13 tution in the program; or 

14 ‘‘(B) the claim of the service institution for 

15 reimbursement under this section. 

16 ‘‘(3) LIST OF DISQUALIFIED INSTITUTIONS AND

17 INDIVIDUALS.— 

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

19 maintain a list of service institutions and indi20 viduals that have been terminated or otherwise 

21 disqualified from participation in the program 

22 under the procedures established pursuant to 

23 paragraph (1). 

24 ‘‘(B) AVAILABILITY.—The Secretary shall 

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1 proving or renewing applications by service in2 stitutions for participation in the program.’’. 

3 Subtitle C—Child and Adult Care 

4 Food Program 

5 SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PER6 MANENT OPERATING AGREEMENTS. 

7 (a) PERMANENT OPERATING AGREEMENTS.—Sec8 tion 17(d)(1) of the Richard B. Russell National School 

9 Lunch Act (42 U.S.C. 1766(d)(1)) is amended by adding 

10 at the end the following: 

11 ‘‘(E) PERMANENT OPERATING AGREE12 MENTS.— 

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

14 (ii) and (iii), to participate in the child and 

15 adult care food program, an institution 

16 that meets the conditions of eligibility de17 scribed in this subsection shall be required 

18 to enter into a permanent agreement with 

19 the applicable State agency. 

20 ‘‘(ii) AMENDMENTS.—A permanent 

21 agreement described in clause (i) may be 

22 amended as necessary to ensure that the 

23 institution is in compliance with all re24 quirements established in this section or by 

25 the Secretary. 


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1 ‘‘(iii) TERMINATION.—A permanent 

2 agreement described in clause (i)— 

3 ‘‘(I) may be terminated for con4 venience by the institution or State 

5 agency that is a party to the perma6 nent agreement; and 

7 ‘‘(II) shall be terminated— 

8 ‘‘(aa) for cause by the appli9 cable State agency in accordance 

10 with paragraph (5); or 

11 ‘‘(bb) on termination of par12 ticipation of the institution in the 

13 child and adult care food pro14 gram.’’. 

15 (b) APPLICATIONS AND REVIEWS.—Section 17(d) of 

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

17 U.S.C. 1766(d)) is amended by striking paragraph (2) and 

18 inserting the following: 

19 ‘‘(2) PROGRAM APPLICATIONS.— 

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

21 develop a policy under which each institution 

22 providing child care that participates in the 

23 program under this section shall— 

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1 gram that meets all requirements estab2 lished by the Secretary by regulation; 

3 ‘‘(ii) annually confirm to the State 

4 agency that the institution, and any facili5 ties of the institution in which the program 

6 is operated by a sponsoring organization, is 

7 in compliance with subsection (a)(5); and 

8 ‘‘(iii) annually submit to the State 

9 agency any additional information nec10 essary to confirm that the institution is in 

11 compliance with all other requirements to 

12 participate in the program, as established 

13 in this Act and by the Secretary by regula14 tion. 

15 ‘‘(B) REQUIRED REVIEWS OF SPONSORED

16 FACILITIES.— 

17 ‘‘(i) IN GENERAL.—The Secretary 

18 shall develop a policy under which each 

19 sponsoring organization participating in 

20 the program under this section shall con21 duct— 

22 ‘‘(I) periodic unannounced site 

23 visits at not less than 3-year intervals 

24 to sponsored child and adult care cen25 ters and family or group day care 


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1 homes to identify and prevent man2 agement deficiencies and fraud and 

3 abuse under the program; and 

4 ‘‘(II) at least 1 scheduled site 

5 visit each year to sponsored child and 

6 adult care centers and family or group 

7 day care homes to identify and pre8 vent management deficiencies and 

9 fraud and abuse under the program 

10 and to improve program operations. 

11 ‘‘(ii) VARIED TIMING.—Sponsoring or12 ganizations shall vary the timing of unan13 nounced reviews under clause (i)(I) in a 

14 manner that makes the reviews unpredict15 able to sponsored facilities. 

16 ‘‘(C) REQUIRED REVIEWS OF INSTITU17 TIONS.—The Secretary shall develop a policy 

18 under which each State agency shall conduct— 

19 ‘‘(i) at least 1 scheduled site visit at 

20 not less than 3-year intervals to each insti21 tution under the State agency participating 

22 in the program under this section— 

23 ‘‘(I) to identify and prevent man24 agement deficiencies and fraud and 

25 abuse under the program; and 


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1 ‘‘(II) to improve program oper2 ations; and 

3 ‘‘(ii) more frequent reviews of any in4 stitution that— 

5 ‘‘(I) sponsors a significant share 

6 of the facilities participating in the 

7 program; 

8 ‘‘(II) conducts activities other 

9 than the program authorized under 

10 this section; 

11 ‘‘(III) has serious management 

12 problems, as identified in a prior re13 view, or is at risk of having serious 

14 management problems; or 

15 ‘‘(IV) meets such other criteria 

16 as are defined by the Secretary. 

17 ‘‘(D) DETECTION AND DETERRENCE OF

18 ERRONEOUS PAYMENTS AND FALSE CLAIMS.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 may develop a policy to detect and deter, 

21 and recover erroneous payments to, and 

22 false claims submitted by, institutions, 

23 sponsored child and adult care centers, and 

24 family or group day care homes partici25 pating in the program under this section. 


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1 ‘‘(ii) BLOCK CLAIMS.— 

2 ‘‘(I) DEFINITION OF BLOCK

3 CLAIM.—In this clause, the term 

4 ‘block claim’ has the meaning given 

5 the term in section 226.2 of title 7, 

6 Code of Federal Regulations (or suc7 cessor regulations). 

8 ‘‘(II) PROGRAM EDIT CHECKS.— 

9 The Secretary may not require any 

10 State agency, sponsoring organization, 

11 or other institution to perform edit 

12 checks or on-site reviews relating to 

13 the detection of block claims by any 

14 child care facility. 

15 ‘‘(III) ALLOWANCE.—Notwith16 standing subclause (II), the Secretary 

17 may require any State agency, spon18 soring organization, or other institu19 tion to collect, store, and transmit to 

20 the appropriate entity information 

21 necessary to develop any other policy 

22 developed under clause (i).’’. 

23 (c) AGREEMENTS.—Section 17(j)(1) of the Richard 

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

25 1766(j)(1)) is amended— 


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1 (1) by striking ‘‘may’’ and inserting ‘‘shall’’; 

2 (2) by striking ‘‘family or group day care’’ the 

3 first place it appears; and 

4 (3) by inserting ‘‘or sponsored day care cen5 ters’’ before ‘‘participating’’. 

6 SEC. 332. STATE LIABILITY FOR PAYMENTS TO AGGRIEVED 

7 CHILD CARE INSTITUTIONS. 

8 Section 17(e) of the Richard B. Russell National 

9 School Lunch Act (42 U.S.C. 1766(e)) is amended— 

10 (1) in paragraph (3), by striking ‘‘(3) If a 

11 State’’ and inserting the following: 

12 ‘‘(5) SECRETARIAL HEARING.—If a State’’; and 

13 (2) by striking ‘‘(e) Except as provided’’ and all 

14 that follows through ‘‘(2) A State’’ and inserting the 

15 following: 

16 ‘‘(e) HEARINGS.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (4), each State agency shall provide, in ac19 cordance with regulations promulgated by the Sec20 retary, an opportunity for a fair hearing and a 

21 prompt determination to any institution aggrieved 

22 by any action of the State agency that affects— 

23 ‘‘(A) the participation of the institution in 

24 the program authorized by this section; or 


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1 ‘‘(B) the claim of the institution for reim2 bursement under this section. 

3 ‘‘(2) REIMBURSEMENT.—In accordance with 

4 paragraph (3), a State agency that fails to meet 

5 timeframes for providing an opportunity for a fair 

6 hearing and a prompt determination to any institu7 tion under paragraph (1) in accordance with regula8 tions promulgated by the Secretary, shall pay, from 

9 non-Federal sources, all valid claims for reimburse10 ment to the institution and the facilities of the insti11 tution during the period beginning on the day after 

12 the end of any regulatory deadline for providing the 

13 opportunity and making the determination and end14 ing on the date on which a hearing determination is 

15 made. 

16 ‘‘(3) NOTICE TO STATE AGENCY.—The Sec17 retary shall provide written notice to a State agency 

18 at least 30 days prior to imposing any liability for 

19 reimbursement under paragraph (2). 

20 ‘‘(4) FEDERAL AUDIT DETERMINATION.—A 

21 State’’. 


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1 SEC. 333. TRANSMISSION OF INCOME INFORMATION BY 

2 SPONSORED FAMILY OR GROUP DAY CARE 

3 HOMES. 

4 Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell 

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

6 1766(f)(3)(A)(iii)(III)) is amended by adding at the end 

7 the following: 

8 ‘‘(dd) TRANSMISSION OF IN9 COME INFORMATION BY SPON10 SORED FAMILY OR GROUP DAY

11 CARE HOMES.—If a family or 

12 group day care home elects to be 

13 provided reimbursement factors 

14 described in subclause (II), the 

15 family or group day care home 

16 may assist in the transmission of 

17 necessary household income in18 formation to the family or group 

19 day care home sponsoring organi20 zation in accordance with the pol21 icy described in item (ee) . 

22 ‘‘(ee) POLICY.—The Sec23 retary shall develop a policy 

24 under which a sponsored family 

25 or group day care home described 

26 in item (dd) may, under terms 


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1 and conditions specified by the 

2 Secretary and with the written 

3 consent of the parents or guard4 ians of a child in a family or 

5 group day care home partici6 pating in the program, assist in 

7 the transmission of the income 

8 information of the family to the 

9 family or group day care home 

10 sponsoring organization.’’. 

11 SEC. 334. SIMPLIFYING AND ENHANCING ADMINISTRATIVE 

12 PAYMENTS TO SPONSORING ORGANIZATIONS. 

13 Section 17(f)(3) of the Richard B. Russell National 

14 School Lunch Act (42 U.S.C. 1766(f)(3)) is amended by 

15 striking subparagraph (B) and inserting the following: 

16 ‘‘(B) ADMINISTRATIVE FUNDS.— 

17 ‘‘(i) IN GENERAL.—In addition to re18 imbursement factors described in subpara19 graph (A), a family or group day care 

20 home sponsoring organization shall receive 

21 reimbursement for the administrative ex22 penses of the sponsoring organization in an 

23 amount that is not less than the product 

24 obtained each month by multiplying— 


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1 ‘‘(I) the number of family and 

2 group day care homes of the spon3 soring organization submitting a claim 

4 for reimbursement during the month; 

5 by 

6 ‘‘(II) the appropriate administra7 tive rate determined by the Secretary. 

8 ‘‘(ii) ANNUAL ADJUSTMENT.—The ad9 ministrative reimbursement levels specified 

10 in clause (i) shall be adjusted July 1 of 

11 each year to reflect changes in the Con12 sumer Price Index for All Urban Con13 sumers published by the Bureau of Labor 

14 Statistics of the Department of Labor for 

15 the most recent 12-month period for which 

16 such data are available. 

17 ‘‘(iii) CARRYOVER FUNDS.—The Sec18 retary shall develop procedures under 

19 which not more than 10 percent of the 

20 amount made available to sponsoring orga21 nizations under this section for administra22 tive expenses for a fiscal year may remain 

23 available for obligation or expenditure in 

24 the succeeding fiscal year. 


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1 ‘‘(iv) RETURN TO SECRETARY.—Any 

2 amounts appropriated that are not obli3 gated or expended during a fiscal year and 

4 are not carried over for the succeeding fis5 cal year under clause (iii) shall be returned 

6 to the Secretary.’’. 

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

8 FUNDING. 

9 Section 17(i) of the Richard B. Russell National 

10 School Lunch Act (42 U.S.C. 1766(i)) is amended by 

11 striking paragraph (2) and inserting the following: 

12 ‘‘(2) FUNDING.— 

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

14 make available for each fiscal year to each 

15 State agency administering the child and adult 

16 care food program, for the purpose of con17 ducting audits of participating institutions, an 

18 amount of up to 1.5 percent of the funds used 

19 by each State in the program under this sec20 tion, during the second preceding fiscal year. 

21 ‘‘(B) ADDITIONAL FUNDING.— 

22 ‘‘(i) IN GENERAL.—Subject to clause 

23 (ii), for fiscal year 2016 and each fiscal 

24 year thereafter, the Secretary may increase 

25 the amount of funds made available to any 


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1 State agency under subparagraph (A), if 

2 the State agency demonstrates that the 

3 State agency can effectively use the funds 

4 to improve program management under 

5 criteria established by the Secretary. 

6 ‘‘(ii) LIMITATION.—The total amount 

7 of funds made available to any State agen8 cy under this paragraph shall not exceed 2 

9 percent of the funds used by each State 

10 agency in the program under this section, 

11 during the second preceding fiscal year.’’. 

12 SEC. 336. REDUCING PAPERWORK AND IMPROVING PRO13 GRAM ADMINISTRATION. 

14 (a) DEFINITION OF PROGRAM.—In this section, the 

15 term ‘‘program’’ means the child and adult care food pro16 gram established under section 17 of the Richard B. Rus17 sell National School Lunch Act (42 U.S.C. 1766). 

18 (b) ESTABLISHMENT.—The Secretary, in conjunction 

19 with States and participating institutions, shall continue 

20 to examine the feasibility of reducing unnecessary or du21 plicative paperwork resulting from regulations and record22 keeping requirements for State agencies, institutions, fam23 ily and group day care homes, and sponsored centers par24 ticipating in the program. 


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1 (c) DUTIES.—At a minimum, the examination shall 

2 include— 

3 (1) review and evaluation of the recommenda4 tions, guidance, and regulatory priorities developed 

5 and issued to comply with section 119(i) of the Child 

6 Nutrition and WIC Reauthorization Act of 2004 (42 

7 U.S.C. 1766 note; Public Law 108–265); and 

8 (2) examination of additional paperwork and 

9 administrative requirements that have been estab10 lished since February 23, 2007, that could be re11 duced or simplified. 

12 (d) ADDITIONAL DUTIES.—The Secretary, in con13 junction with States and institutions participating in the 

14 program, may also examine any aspect of administration 

15 of the program. 

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

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

18 Congress a report that describes the actions that have 

19 been taken to carry out this section, including— 

20 (1) actions taken to address administrative and 

21 paperwork burdens identified as a result of compli22 ance with section 119(i) of the Child Nutrition and 

23 WIC Reauthorization Act of 2004 (42 U.S.C. 1766 

24 note; Public Law 108–265); 


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1 (2) administrative and paperwork burdens iden2 tified as a result of compliance with section 119(i) 

3 of that Act for which no regulatory action or policy 

4 guidance has been taken; 

5 (3) additional steps that the Secretary is taking 

6 or plans to take to address any administrative and 

7 paperwork burdens identified under subsection (c)(2) 

8 and paragraph (2), including— 

9 (A) new or updated regulations, policy, 

10 guidance, or technical assistance; and 

11 (B) a timeframe for the completion of 

12 those steps; and 

13 (4) recommendations to Congress for modifica14 tions to existing statutory authorities needed to ad15 dress identified administrative and paperwork bur16 dens. 

17 SEC. 337. STUDY RELATING TO THE CHILD AND ADULT 

18 CARE FOOD PROGRAM. 

19 (a) STUDY.—The Secretary, acting through the Ad20 ministrator of the Food and Nutrition Service, shall carry 

21 out a study of States participating in an afterschool sup22 per program under the child and adult care food program 

23 established under section 17 of the Richard B. Russell Na24 tional School Lunch Act (42 U.S.C. 1766). 


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

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

3 Congress, and made available on the website of the Food 

4 and Nutrition Service, a report that describes— 

5 (1) the results of the study; 

6 (2) best practices of States in soliciting spon7 sors for an afterschool supper program described in 

8 subsection (a); and 

9 (3) any Federal or State laws or requirements 

10 that may be a barrier to participation in the pro11 gram. 

12 Subtitle D—Special Supplemental 

13 Nutrition Program for Women, 

14 Infants, and Children 

15 SEC. 351. SHARING OF MATERIALS WITH OTHER PRO16 GRAMS. 

17 Section 17(e)(3) of the Child Nutrition Act (42 

18 U.S.C. 1786(e)(3)) is amended by striking subparagraph 

19 (B) and inserting the following: 

20 ‘‘(B) SHARING OF MATERIALS WITH

21 OTHER PROGRAMS.— 

22 ‘‘(i) COMMODITY SUPPLEMENTAL

23 FOOD PROGRAM.—The Secretary may pro24 vide, in bulk quantity, nutrition education 

25 materials (including materials promoting 


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1 breastfeeding) developed with funds made 

2 available for the program authorized under 

3 this section to State agencies administering 

4 the commodity supplemental food program 

5 established under section 5 of the Agri6 culture and Consumer Protection Act of 

7 1973 (7 U.S.C. 612c note; Public Law 93– 

8 86) at no cost to that program. 

9 ‘‘(ii) CHILD AND ADULT CARE FOOD

10 PROGRAM.—A State agency may allow the 

11 local agencies or clinics under the State 

12 agency to share nutrition educational ma13 terials with institutions participating in the 

14 child and adult care food program estab15 lished under section 17 of the Richard B. 

16 Russell National School Lunch Act (42 

17 U.S.C. 1766) at no cost to that program, 

18 if a written materials sharing agreement 

19 exists between the relevant agencies.’’. 

20 SEC. 352. WIC PROGRAM MANAGEMENT. 

21 (a) WIC EVALUATION FUNDS.—Section 17(g)(5) of 

22 the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)) 

23 is amended by striking ‘‘$5,000,000’’ and inserting 

24 ‘‘$15,000,000’’. 


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1 (b) WIC REBATE PAYMENTS.—Section 17(h)(8) of 

2 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)) 

3 is amended by adding at the end the following: 

4 ‘‘(K) REPORTING.—Effective beginning 

5 October 1, 2011, each State agency shall report 

6 rebate payments received from manufacturers 

7 in the month in which the payments are re8 ceived, rather than in the month in which the 

9 payments were earned.’’. 

10 (c) COST CONTAINMENT MEASURE.—Section 17(h) 

11 of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) 

12 is amended— 

13 (1) in paragraph (8)(A)(iv)(III), by striking 

14 ‘‘Any’’ and inserting ‘‘Except as provided in para15 graph (9)(B)(i)(II), any’’; and 

16 (2) by striking paragraph (9) and inserting the 

17 following: 

18 ‘‘(9) COST CONTAINMENT MEASURE.— 

19 ‘‘(A) DEFINITION OF COST CONTAINMENT

20 MEASURE.—In this subsection, the term ‘cost 

21 containment measure’ means a competitive bid22 ding, rebate, direct distribution, or home deliv23 ery system implemented by a State agency as 

24 described in the approved State plan of oper25 ation and administration of the State agency. 


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1 ‘‘(B) SOLICITATION AND REBATE BILLING

2 REQUIREMENTS.—Any State agency instituting 

3 a cost containment measure for any authorized 

4 food, including infant formula, shall— 

5 ‘‘(i) in the bid solicitation— 

6 ‘‘(I) identify the composition of 

7 State alliances for the purposes of a 

8 cost containment measure; and 

9 ‘‘(II) verify that no additional 

10 States shall be added to the State alli11 ance between the date of the bid solic12 itation and the end of the contract; 

13 ‘‘(ii) have a system to ensure that re14 bate invoices under competitive bidding 

15 provide a reasonable estimate or an actual 

16 count of the number of units sold to par17 ticipants in the program under this sec18 tion; 

19 ‘‘(iii) open and read aloud all bids at 

20 a public proceeding on the day on which 

21 the bids are due; and 

22 ‘‘(iv) unless otherwise exempted by 

23 the Secretary, provide a minimum of 30 

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1 tation and the date on which the bids are 

2 due. 

3 ‘‘(C) STATE ALLIANCES FOR AUTHORIZED

4 FOODS OTHER THAN INFANT FORMULA.—Pro5 gram requirements relating to the size of State 

6 alliances under paragraph (8)(A)(iv) shall apply 

7 to cost containment measures established for 

8 any authorized food under this section.’’. 

9 (d) ELECTRONIC BENEFIT TRANSFER.—Section 

10 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 

11 1786(h)) is amended by striking paragraph (12) and in12 serting the following: 

13 ‘‘(12) ELECTRONIC BENEFIT TRANSFER.— 

14 ‘‘(A) DEFINITIONS.—In this paragraph: 

15 ‘‘(i) ELECTRONIC BENEFIT TRANS16 FER.—The term ‘electronic benefit trans17 fer’ means a food delivery system that pro18 vides benefits using a card or other access 

19 device approved by the Secretary that per20 mits electronic access to program benefits. 

21 ‘‘(ii) PROGRAM.—The term ‘program’ 

22 means the special supplemental nutrition 

23 program established by this section. 

24 ‘‘(B) REQUIREMENTS.— 


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1 ‘‘(i) IN GENERAL.—Not later than Oc2 tober 1, 2020, each State agency shall be 

3 required to implement electronic benefit 

4 transfer systems throughout the State, un5 less the Secretary grants an exemption 

6 under subparagraph (C) for a State agency 

7 that is facing unusual barriers to imple8 ment an electronic benefit transfer system. 

9 ‘‘(ii) RESPONSIBILITY.—The State 

10 agency shall be responsible for the coordi11 nation and management of the electronic 

12 benefit transfer system of the agency. 

13 ‘‘(C) EXEMPTIONS.— 

14 ‘‘(i) IN GENERAL.—To be eligible for 

15 an exemption from the statewide imple16 mentation requirements of subparagraph 

17 (B)(i), a State agency shall demonstrate to 

18 the satisfaction of the Secretary 1 or more 

19 of the following: 

20 ‘‘(I) There are unusual techno21 logical barriers to implementation. 

22 ‘‘(II) Operational costs are not 

23 affordable within the nutrition serv24 ices and administration grant of the 

25 State agency. 


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1 ‘‘(III) It is in the best interest of 

2 the program to grant the exemption. 

3 ‘‘(ii) SPECIFIC DATE.—A State agency 

4 requesting an exemption under clause (i) 

5 shall specify a date by which the State 

6 agency anticipates statewide implementa7 tion described in subparagraph (B)(i). 

8 ‘‘(D) REPORTING.— 

9 ‘‘(i) IN GENERAL.—Each State agency 

10 shall submit to the Secretary electronic 

11 benefit transfer project status reports to 

12 demonstrate the progress of the State to13 ward statewide implementation. 

14 ‘‘(ii) CONSULTATION.—If a State 

15 agency plans to incorporate additional pro16 grams in the electronic benefit transfer 

17 system of the State, the State agency shall 

18 consult with the State agency officials re19 sponsible for administering the programs 

20 prior to submitting the planning docu21 ments to the Secretary for approval. 

22 ‘‘(iii) REQUIREMENTS.—At a min23 imum, a status report submitted under 

24 clause (i) shall contain— 


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1 ‘‘(I) an annual outline of the 

2 electronic benefit transfer implemen3 tation goals and objectives of the 

4 State; 

5 ‘‘(II) appropriate updates in ac6 cordance with approval requirements 

7 for active electronic benefit transfer 

8 State agencies; and 

9 ‘‘(III) such other information as 

10 the Secretary may require. 

11 ‘‘(E) IMPOSITION OF COSTS ON VEN12 DORS.— 

13 ‘‘(i) COST PROHIBITION.—Except as 

14 otherwise provided in this paragraph, the 

15 Secretary may not impose, or allow a State 

16 agency to impose, the costs of any equip17 ment or system required for electronic ben18 efit transfers on any authorized vendor in 

19 order to transact electronic benefit trans20 fers if the vendor equipment or system is 

21 used solely to support the program. 

22 ‘‘(ii) COST-SHARING.—The Secretary 

23 shall establish criteria for cost-sharing by 

24 State agencies and vendors of costs associ25 ated with any equipment or system that is 


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1 not solely dedicated to transacting elec2 tronic benefit transfers for the program. 

3 ‘‘(iii) FEES.— 

4 ‘‘(I) IN GENERAL.—A vendor 

5 that elects to accept electronic benefit 

6 transfers using multifunction equip7 ment shall pay commercial transaction 

8 processing costs and fees imposed by 

9 a third-party processor that the ven10 dor elects to use to connect to the 

11 electronic benefit transfer system of 

12 the State. 

13 ‘‘(II) INTERCHANGE FEES.—No 

14 interchange fees shall apply to elec15 tronic benefit transfer transactions 

16 under this paragraph. 

17 ‘‘(iv) STATEWIDE OPERATIONS.— 

18 After completion of statewide expansion of 

19 a system for transaction of electronic ben20 efit transfers— 

21 ‘‘(I) a State agency may not be 

22 required to incur ongoing mainte23 nance costs for vendors using multi24 function systems and equipment to 


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1 support electronic benefit transfers; 

2 and 

3 ‘‘(II) any retail store in the State 

4 that applies for authorization to be5 come a program vendor shall be re6 quired to demonstrate the capability 

7 to accept program benefits electroni8 cally prior to authorization, unless the 

9 State agency determines that the ven10 dor is necessary for participant ac11 cess. 

12 ‘‘(F) MINIMUM LANE COVERAGE.— 

13 ‘‘(i) IN GENERAL.—The Secretary 

14 shall establish minimum lane coverage 

15 guidelines for vendor equipment and sys16 tems used to support electronic benefit 

17 transfers. 

18 ‘‘(ii) PROVISION OF EQUIPMENT.—If 

19 a vendor does not elect to accept electronic 

20 benefit transfers using its own multi21 function equipment, the State agency shall 

22 provide such equipment as is necessary to 

23 solely support the program to meet the es24 tablished minimum lane coverage guide25 lines. 


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1 ‘‘(G) TECHNICAL STANDARDS.—The Sec2 retary shall— 

3 ‘‘(i) establish technical standards and 

4 operating rules for electronic benefit trans5 fer systems; and 

6 ‘‘(ii) require each State agency, con7 tractor, and authorized vendor partici8 pating in the program to demonstrate com9 pliance with the technical standards and 

10 operating rules.’’. 

11 (e) UNIVERSAL PRODUCT CODES DATABASE.—Sec12 tion 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 

13 1786(h)) is amended by striking paragraph (13) and in14 serting the following: 

15 ‘‘(13) UNIVERSAL PRODUCT CODES DATA16 BASE.— 

17 ‘‘(A) IN GENERAL.—Not later than 2 years 

18 after the date of enactment of the Healthy, 

19 Hunger-Free Kids Act of 2010, the Secretary 

20 shall establish a national universal product code 

21 database to be used by all State agencies in 

22 carrying out the requirements of paragraph 

23 (12). 

24 ‘‘(B) FUNDING.— 


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1 ‘‘(i) IN GENERAL.—On October 1, 

2 2010, and on each October 1 thereafter, 

3 out of any funds in the Treasury not oth4 erwise appropriated, the Secretary of the 

5 Treasury shall transfer to the Secretary to 

6 carry out this paragraph $1,000,000, to 

7 remain available until expended. 

8 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

9 The Secretary shall be entitled to receive, 

10 shall accept, and shall use to carry out this 

11 paragraph the funds transferred under 

12 clause (i), without further appropriation. 

13 ‘‘(iii) USE OF FUNDS.—The Secretary 

14 shall use the funds provided under clause 

15 (i) for development, hosting, hardware and 

16 software configuration, and support of the 

17 database required under subparagraph 

18 (A).’’. 

19 (f) TEMPORARY SPENDING AUTHORITY.—Section 

20 17(i) of the Child Nutrition Act of 1966 (42 U.S.C. 

21 1786(i)) is amended by adding at the end the following: 

22 ‘‘(8) TEMPORARY SPENDING AUTHORITY.— 

23 During each of fiscal years 2012 and 2013, the Sec24 retary may authorize a State agency to expend more 

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1 graph (3)(C) for expenses incurred under this sec2 tion for supplemental foods during the preceding fis3 cal year, if the Secretary determines that— 

4 ‘‘(A) there has been a significant reduction 

5 in reported infant formula cost containment 

6 savings for the preceding fiscal year due to the 

7 implementation of subsection (h)(8)(K); and 

8 ‘‘(B) the reduction would affect the ability 

9 of the State agency to serve all eligible partici10 pants.’’. 

11 SEC. 353. EFFICACY OF FOODS ELIGIBLE FOR USE UNDER 

12 THE SPECIAL SUPPLEMENTAL NUTRITION 

13 PROGRAM FOR WOMEN, INFANTS, AND CHIL14 DREN. 

15 Section 17(f)(11) of the Child Nutrition Act of 1966 

16 (42 U.S.C. 1786(f)(11)) is amended by adding at the end 

17 the following: 

18 ‘‘(E) EFFICACY OF FOODS.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 may disallow any food product from avail21 ability for use in the program under this 

22 section, or require that a food product be 

23 made available for use in the program 

24 under this section, based on the determina25 tion of the Secretary of the benefits of the 


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1 ingredients of the product relative to the 

2 cost of the product in the retail market. 

3 ‘‘(ii) FRAMEWORK.—The Secretary 

4 shall develop a framework— 

5 ‘‘(I) to evaluate the efficacy of 

6 ingredients added to or proposed to be 

7 added to foods available under the 

8 program under this section; and 

9 ‘‘(II) to determine whether the 

10 purchase of products containing those 

11 ingredients through the program is 

12 likely to yield appreciable benefits to 

13 participants in the program with re14 spect to health, nutrition, behavior, or 

15 cognitive or physiological development 

16 relative to the cost of the food product 

17 in the retail market.’’. 

18 Subtitle E—Miscellaneous 

19 SEC. 361. FULL USE OF FEDERAL FUNDS. 

20 Section 12 of the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1760) is amended by striking sub22 section (b) and inserting the following: 

23 ‘‘(b) AGREEMENTS.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall incor25 porate, in the agreement of the Secretary with the 


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1 State agencies administering programs authorized 

2 under this Act or the Child Nutrition Act of 1966 

3 (42 U.S.C. 1771 et seq.), the express requirements 

4 with respect to the operation of the programs to the 

5 extent applicable and such other provisions as in the 

6 opinion of the Secretary are reasonably necessary or 

7 appropriate to effectuate the purposes of this Act 

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

9 1771 et seq.). 

10 ‘‘(2) EXPECTATIONS FOR USE OF FUNDS.— 

11 Agreements described in paragraph (1) shall include 

12 a provision that— 

13 ‘‘(A) supports full use of Federal funds 

14 provided to State agencies for the administra15 tion of programs authorized under this Act or 

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

17 1771 et seq.); and 

18 ‘‘(B) excludes the Federal funds from 

19 State budget restrictions or limitations includ20 ing, at a minimum— 

21 ‘‘(i) hiring freezes; 

22 ‘‘(ii) work furloughs; and 

23 ‘‘(iii) travel restrictions.’’. 


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1 SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND IN2 DIVIDUALS. 

3 Section 12 of the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1760) (as amended by section 206) 

5 is amended by adding at the end the following: 

6 ‘‘(r) DISQUALIFIED SCHOOLS, INSTITUTIONS, AND

7 INDIVIDUALS.—Any school, institution, service institution, 

8 facility, or individual that has been terminated from any 

9 program authorized under this Act or the Child Nutrition 

10 Act of 1966 (42 U.S.C. 1771 et seq.) and is on a list of 

11 disqualified institutions and individuals under section 13 

12 or section 17(d)(5)(E) of this Act may not be approved 

13 to participate in or administer any program authorized 

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

15 U.S.C. 1771 et seq.).’’. 

16 TITLE IV—MISCELLANEOUS 

17 Subtitle A—Reauthorization of 

18 Expiring Provisions 

19 PART I—RICHARD B. RUSSELL NATIONAL 

20 SCHOOL LUNCH ACT 

21 SEC. 401. COMMODITY SUPPORT. 

22 Section 6(e)(1)(B) of the Richard B. Russell National 

23 School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended 

24 by striking ‘‘September 30, 2010’’ and inserting ‘‘Sep25 tember 30, 2020’’. 


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

2 Section 9(h) of the Richard B. Russell National 

3 School Lunch Act (42 U.S.C. 1758(h)) is amended— 

4 (1) in paragraph (3), by striking ‘‘2006 

5 through 2010’’ and inserting ‘‘2011 through 2015’’; 

6 and 

7 (2) in paragraph (4), by striking ‘‘2006 

8 through 2010’’ and inserting ‘‘2011 through 2015’’. 

9 SEC. 403. PROCUREMENT TRAINING. 

10 Section 12(m)(4) of the Richard B. Russell National 

11 School Lunch Act (42 U.S.C. 1760(m)(4)) is amended by 

12 striking ‘‘2005 through 2009’’ and inserting ‘‘2010 

13 through 2015’’. 

14 SEC. 404. AUTHORIZATION OF THE SUMMER FOOD SERVICE 

15 PROGRAM FOR CHILDREN. 

16 Subsection (r) of section 13 of the Richard B. Russell 

17 National School Lunch Act (42 U.S.C. 1761) (as redesig18 nated by section 322(1)) is amended by striking ‘‘Sep19 tember 30, 2009’’ and inserting ‘‘September 30, 2015’’. 

20 SEC. 405. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES. 

21 Subsection (i)(5) of section 18 of the Richard B. Rus22 sell National School Lunch Act (42 U.S.C. 1769) (as re23 designated by section 243(1)) is amended by striking 

24 ‘‘2005 through 2010’’ and inserting ‘‘2011 through 

25 2015’’. 


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1 SEC. 406. TRAINING, TECHNICAL ASSISTANCE, AND FOOD 

2 SERVICE MANAGEMENT INSTITUTE. 

3 Section 21(e) of the Richard B. Russell National 

4 School Lunch Act (42 U.S.C. 1769b-1(e)) is amended— 

5 (1) by striking ‘‘(e) AUTHORIZATION OF AP6 PROPRIATIONS’’ and all that follows through the end 

7 of paragraph (2)(A) and inserting the following: 

8 ‘‘(e) FOOD SERVICE MANAGEMENT INSTITUTE.— 

9 ‘‘(1) FUNDING.— 

10 ‘‘(A) IN GENERAL.—In addition to any 

11 amounts otherwise made available for fiscal 

12 year 2011, on October 1, 2010, and each Octo13 ber 1 thereafter, out of any funds in the Treas14 ury not otherwise appropriated, the Secretary of 

15 the Treasury shall transfer to the Secretary to 

16 carry out subsection (a)(2) $5,000,000, to re17 main available until expended. 

18 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

19 Secretary shall be entitled to receive, shall ac20 cept, and shall use to carry out subsection 

21 (a)(2) the funds transferred under subpara22 graph (A), without further appropriation.’’; 

23 (2) by redesignating subparagraphs (B) and 

24 (C) as paragraphs (2) and (3), respectively, and in25 denting appropriately; 


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1 (3) in paragraph (2) (as so redesignated), by 

2 striking ‘‘subparagraph (A)’’ each place it appears 

3 and inserting ‘‘paragraph (1)’’; and 

4 (4) in paragraph (3) (as so redesignated), by 

5 striking ‘‘subparagraphs (A) and (B)’’ and inserting 

6 ‘‘paragraphs (1) and (2)’’. 

7 SEC. 407. FEDERAL ADMINISTRATIVE SUPPORT. 

8 Section 21(g)(1)(A)) of the Richard B. Russell Na9 tional School Lunch Act (42 U.S.C. 1769b-1(g)(1)(A)) is 

10 amended— 

11 (1) in clause (i), by striking ‘‘and’’ at the end; 

12 (2) in clause(ii), by striking the period at the 

13 end and inserting ‘‘; and’’ 

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

15 ‘‘(iii) on October 1, 2010, and every 

16 October 1 thereafter, $4,000,000.’’. 

17 SEC. 408. COMPLIANCE AND ACCOUNTABILITY. 

18 Section 22(d) of the Richard B. Russell National 

19 School Lunch Act (42 U.S.C. 1769c(d)) is amended by 

20 striking ‘‘$6,000,000 for each of fiscal years 2004 through 

21 2009’’ and inserting ‘‘$10,000,000 for each of fiscal years 

22 2011 through 2015’’. 

23 SEC. 409. INFORMATION CLEARINGHOUSE. 

24 Section 26(d) of the Richard B. Russell National 

25 School Lunch Act (42 U.S.C. 1769g(d)) is amended in 


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1 the first sentence by striking ‘‘2005 through 2010’’ and 

2 inserting ‘‘2010 through 2015’’. 

3 PART II—CHILD NUTRITION ACT OF 1966 

4 SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT. 

5 Section 7(i)(4) of the Child Nutrition Act of 1966 

6 (42 U.S.C. 1776(i)(4)) is amended by striking ‘‘2005 

7 through 2009’’ and inserting ‘‘2010 through 2015’’. 

8 SEC. 422. STATE ADMINISTRATIVE EXPENSES. 

9 Section 7(j) of the Child Nutrition Act of 1966 (42 

10 U.S.C. 1776(j)) is amended by striking ‘‘October 1, 2009’’ 

11 and inserting ‘‘October 1, 2015’’. 

12 SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 

13 FOR WOMEN, INFANTS, AND CHILDREN. 

14 Section 17(g)(1)(A) of the Child Nutrition Act of 

15 1966 (42 U.S.C. 1786(g)(1)(A)) is amended by striking 

16 ‘‘each of fiscal years 2004 through 2009’’ and inserting 

17 ‘‘each of fiscal years 2010 through 2015’’. 

18 SEC. 424. FARMERS MARKET NUTRITION PROGRAM. 

19 Section 17(m)(9) of the Child Nutrition Act of 1966 

20 (42 U.S.C. 1786(m)(9)) is amended by striking subpara21 graph (A) and inserting the following: 

22 ‘‘(A) AUTHORIZATION OF APPROPRIA23 TIONS.—There are authorized to be appro24 priated to carry out this subsection such sums 


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1 as are necessary for each of fiscal years 2010 

2 through 2015.’’. 

3 Subtitle B—Technical Amendments 

4 SEC. 441. TECHNICAL AMENDMENTS. 

5 (a) RICHARD B. RUSSELL NATIONAL SCHOOL

6 LUNCH ACT.— 

7 (1) NUTRITIONAL REQUIREMENTS.—Section 

8 9(f) of the Richard B. Russell National School 

9 Lunch Act (42 U.S.C. 1758(f)) is amended— 

10 (A) by striking ‘‘(f)’’ and all that follows 

11 through the end of paragraph (1) and inserting 

12 the following: 

13 ‘‘(f) NUTRITIONAL REQUIREMENTS.— 

14 ‘‘(1) IN GENERAL.—Schools that are partici15 pating in the school lunch program or school break16 fast program shall serve lunches and breakfasts 

17 that— 

18 ‘‘(A) are consistent with the goals of the 

19 most recent Dietary Guidelines for Americans 

20 published under section 301 of the National 

21 Nutrition Monitoring and Related Research Act 

22 of 1990 (7 U.S.C. 5341); and 

23 ‘‘(B) consider the nutrient needs of chil24 dren who may be at risk for inadequate food in25 take and food insecurity.’’; 


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1 (B) by striking paragraph (2); and 

2 (C) by redesignating paragraphs (3) 

3 through (5) as paragraphs (2) through (4), re4 spectively. 

5 (2) ROUNDING RULES FOR COMPUTATION OF

6 ADJUSTMENT.—Section 11(a)(3)(B) of the Richard 

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

8 1759a(a)(3)(B)) is amended by striking ‘‘ROUND9 ING.—’’ and all that follows through ‘‘On July’’ in 

10 subclause (II) and inserting ‘‘ROUNDING.—On 

11 July’’. 

12 (3) INFORMATION AND ASSISTANCE CON13 CERNING REIMBURSEMENT OPTIONS.—Section 11 of 

14 the Richard B. Russell National School Lunch Act 

15 (42 U.S.C. 1759a) is amended by striking subsection 

16 (f). 

17 (4) 1995 REGULATIONS TO IMPLEMENT DIE18 TARY GUIDELINES.—Section 12 of the Richard B. 

19 Russell National School Lunch Act (42 U.S.C. 

20 1760) is amended by striking subsection (k). 

21 (5) SUMMER FOOD SERVICE PROGRAM FOR

22 CHILDREN.— 

23 (A) IN GENERAL.—Section 13 of the Rich24 ard B. Russell National School Lunch Act (42 

25 U.S.C. 1761) is amended by striking the section 


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1 heading and all that follows through the end of 

2 subsection (a)(1) and inserting the following: 

3 ‘‘SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHIL4 DREN. 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) DEFINITIONS.—In this section: 

7 ‘‘(A) AREA IN WHICH POOR ECONOMIC

8 CONDITIONS EXIST.— 

9 ‘‘(i) IN GENERAL.—Subject to clause 

10 (ii), the term ‘area in which poor economic 

11 conditions exist’, as the term relates to an 

12 area in which a program food service site 

13 is located, means— 

14 ‘‘(I) the attendance area of a 

15 school in which at least 50 percent of 

16 the enrolled children have been deter17 mined eligible for free or reduced 

18 price school meals under this Act and 

19 the Child Nutrition Act of 1966 (42 

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

21 ‘‘(II) a geographic area, as de22 fined by the Secretary based on the 

23 most recent census data available, in 

24 which at least 50 percent of the chil25 dren residing in that area are eligible 


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1 for free or reduced price school meals 

2 under this Act and the Child Nutri3 tion Act of 1966 (42 U.S.C. 1771 et 

4 seq.); 

5 ‘‘(III) an area— 

6 ‘‘(aa) for which the program 

7 food service site documents the 

8 eligibility of enrolled children 

9 through the collection of income 

10 eligibility statements from the 

11 families of enrolled children or 

12 other means; and 

13 ‘‘(bb) at least 50 percent of 

14 the children enrolled at the pro15 gram food service site meet the 

16 income standards for free or re17 duced price school meals under 

18 this Act and the Child Nutrition 

19 Act of 1966 (42 U.S.C. 1771 et 

20 seq.); 

21 ‘‘(IV) a geographic area, as de22 fined by the Secretary based on infor23 mation provided from a department of 

24 welfare or zoning commission, in 

25 which at least 50 percent of the chilVerDate Mar 15 2010 23:31 May 05, 2010 Jkt 089200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\S3307.PCS S3307

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1 dren residing in that area are eligible 

2 for free or reduced price school meals 

3 under this Act and the Child Nutri4 tion Act of 1966 (42 U.S.C. 1771 et 

5 seq.); or 

6 ‘‘(V) an area for which the pro7 gram food service site demonstrates 

8 through other means approved by the 

9 Secretary that at least 50 percent of 

10 the children enrolled at the program 

11 food service site are eligible for free or 

12 reduced price school meals under this 

13 Act and the Child Nutrition Act of 

14 1966 (42 U.S.C. 1771 et seq.). 

15 ‘‘(ii) DURATION OF DETERMINA16 TION.—A determination that an area is an 

17 ‘area in which poor economic conditions 

18 exist’ under clause (i) shall be in effect 

19 for— 

20 ‘‘(I) in the case of an area de21 scribed in clause (i)(I), 5 years; 

22 ‘‘(II) in the case of an area de23 scribed in clause (i)(II), until more re24 cent census data are available; 


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1 ‘‘(III) in the case of an area de2 scribed in clause (i)(III), 1 year; and 

3 ‘‘(IV) in the case of an area de4 scribed in subclause (IV) or (V) of 

5 clause (i), a period of time to be de6 termined by the Secretary, but not 

7 less than 1 year. 

8 ‘‘(B) CHILDREN.—The term ‘children’ 

9 means— 

10 ‘‘(i) individuals who are 18 years of 

11 age and under; and 

12 ‘‘(ii) individuals who are older than 18 

13 years of age who are— 

14 ‘‘(I) determined by a State edu15 cational agency or a local public edu16 cational agency of a State, in accord17 ance with regulations promulgated by 

18 the Secretary, to have a disability, 

19 and 

20 ‘‘(II) participating in a public or 

21 nonprofit private school program es22 tablished for individuals who have a 

23 disability. 


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1 ‘‘(C) PROGRAM.—The term ‘program’ 

2 means the summer food service program for 

3 children authorized by this section. 

4 ‘‘(D) SERVICE INSTITUTION.—The term 

5 ‘service institution’ means a public or private 

6 nonprofit school food authority, local, munic7 ipal, or county government, public or private 

8 nonprofit higher education institution partici9 pating in the National Youth Sports Program, 

10 or residential public or private nonprofit sum11 mer camp, that develops special summer or 

12 school vacation programs providing food service 

13 similar to food service made available to chil14 dren during the school year under the school 

15 lunch program under this Act or the school 

16 breakfast program under the Child Nutrition 

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

18 ‘‘(E) STATE.—The term ‘State’ means— 

19 ‘‘(i) each of the several States of the 

20 United States; 

21 ‘‘(ii) the District of Columbia; 

22 ‘‘(iii) the Commonwealth of Puerto 

23 Rico; 

24 ‘‘(iv) Guam; 

25 ‘‘(v) American Samoa; 


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1 ‘‘(vi) the Commonwealth of the North2 ern Mariana Islands; and 

3 ‘‘(vii) the United States Virgin Is4 lands.’’. 

5 (B) CONFORMING AMENDMENTS.—Section 

6 13(a) of the Richard B. Russell National School 

7 Lunch Act (42 U.S.C. 1761(a)) is amended— 

8 (i) in paragraph (2)— 

9 (I) by striking ‘‘(2) To the max10 imum extent feasible,’’ and inserting 

11 the following: 

12 ‘‘(2) PROGRAM AUTHORIZATION.— 

13 ‘‘(A) IN GENERAL.—The Secretary may 

14 carry out a program to assist States, through 

15 grants-in-aid and other means, to initiate and 

16 maintain nonprofit summer food service pro17 grams for children in service institutions. 

18 ‘‘(B) PREPARATION OF FOOD.— 

19 ‘‘(i) IN GENERAL.—To the maximum 

20 extent feasible,’’; and 

21 (II) by striking ‘‘The Secretary 

22 shall’’ and inserting the following: 

23 ‘‘(ii) INFORMATION AND TECHNICAL

24 ASSISTANCE.—The Secretary shall’’; 

25 (ii) in paragraph (3)— 


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1 (I) by striking ‘‘(3) Eligible serv2 ice institutions’’ and inserting the fol3 lowing: 

4 ‘‘(3) ELIGIBLE SERVICE INSTITUTIONS.—Eligi5 ble service institutions’’; and 

6 (II) by indenting subparagraphs 

7 (A) through (D) appropriately; 

8 (iii) in paragraph (4)— 

9 (I) by redesignating subpara10 graphs (A) through (D) as clauses (i) 

11 through (iv), respectively, and indent12 ing appropriately; 

13 (II) by striking ‘‘(4) The fol14 lowing’’ and inserting the following: 

15 ‘‘(4) PRIORITY.— 

16 ‘‘(A) IN GENERAL.—The following’’; and 

17 (III) by striking ‘‘The Secretary 

18 and the States’’ and inserting the fol19 lowing: 

20 ‘‘(B) RURAL AREAS.—The Secretary and 

21 the States’’; 

22 (iv) by striking ‘‘(5) Camps’’ and in23 serting the following: 

24 ‘‘(5) CAMPS.—Camps’’; and 


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1 (v) by striking ‘‘(6) Service institu2 tions’’ and inserting the following: 

3 ‘‘(6) GOVERNMENT INSTITUTIONS.—Service in4 stitutions’’. 

5 (6) REPORT ON IMPACT OF PROCEDURES TO

6 SECURE STATE SCHOOL INPUT ON COMMODITY SE7 LECTION.—Section 14(d) of the Richard B. Russell 

8 National School Lunch Act (42 U.S.C. 1762a(d)) is 

9 amended by striking the matter that follows para10 graph (5). 

11 (7) RURAL AREA DAY CARE HOME PILOT PRO12 GRAM.—Section 17 of the Richard B. Russell Na13 tional School Lunch Act (42 U.S.C. 1766) is amend14 ed by striking subsection (p). 

15 (8) CHILD AND ADULT CARE FOOD PROGRAM

16 TRAINING AND TECHNICAL ASSISTANCE.—Section 

17 17(q) of the Richard B. Russell National School 

18 Lunch Act (42 U.S.C. 1766(q)) is amended by strik19 ing paragraph (3). 

20 (9) PILOT PROJECT FOR PRIVATE NONPROFIT

21 STATE AGENCIES.—Section 18 of the Richard B. 

22 Russell National School Lunch Act (42 U.S.C. 

23 1769) is amended by striking subsection (a). 

24 (10) MEAL COUNTING AND APPLICATION PILOT

25 PROGRAMS.—Section 18(c) of the Richard B. Russell 


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1 National School Lunch Act (42 U.S.C. 1769(c)) is 

2 amended— 

3 (A) by striking paragraphs (1) and (2); 

4 and 

5 (B) by redesignating paragraphs (3) and 

6 (4) as paragraphs (1) and (2), respectively. 

7 (11) MILK FORTIFICATION PILOT.—Section 18 

8 of the Richard B. Russell National School Lunch 

9 Act (42 U.S.C. 1769) is amended by striking sub10 section (d). 

11 (12) FREE BREAKFAST PILOT PROJECT.—Sec12 tion 18 of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1769) is amended by striking 

14 subsection (e). 

15 (13) SUMMER FOOD SERVICE RESIDENTIAL

16 CAMP ELIGIBILITY.—Section 18 of the Richard B. 

17 Russell National School Lunch Act (42 U.S.C. 

18 1769) is amended by striking subsection (f). 

19 (14) ACCOMMODATION OF THE SPECIAL DIE20 TARY NEEDS OF INDIVIDUALS WITH DISABILITIES.— 

21 Section 27 of the Richard B. Russell National 

22 School Lunch Act (42 U.S.C. 1769h) is repealed. 

23 (b) CHILD NUTRITION ACT OF 1966.— 

24 (1) STATE ADMINISTRATIVE EXPENSES MIN25 IMUM LEVELS FOR 2005 THROUGH 2007.—Section 


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1 7(a)(1) of the Child Nutrition Act of 1966 (42 

2 U.S.C. 1776(a)(1)) is amended— 

3 (A) in subparagraph (A), by striking ‘‘Ex4 cept as provided in subparagraph (B), each fis5 cal year’’ and inserting ‘‘Each fiscal year’’; 

6 (B) by striking subparagraph (B); and 

7 (C) by redesignating subparagraph (C) as 

8 subparagraph (B). 

9 (2) FRUIT AND VEGETABLE GRANTS UNDER

10 THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

11 FOR WOMEN, INFANTS, AND CHILDREN.—Section 

12 17(f)(11) of the Child Nutrition Act of 1966 (42 

13 U.S.C. 1786(f)(11)) is amended— 

14 (A) by striking subparagraph (C); and 

15 (B) by redesignating subparagraph (D) 

16 and subparagraph (E) (as added by section 

17 353) as subparagraphs (C) and (D), respec18 tively. 

19 SEC. 442. ENVIRONMENTAL QUALITY INCENTIVES PRO20 GRAM. 

21 Section 1241(a)(6) of the Food Security Act of 1985 

22 (16 U.S.C. 3841(a)(6)) is amended— 

23 (1) in subparagraph (D), by striking 

24 ‘‘$1,588,000,000’’ and inserting ‘‘$1,447,000,000’’; 

25 and 


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1 (2) in subparagraph (E), by striking 

2 ‘‘$1,750,000,000’’ and inserting ‘‘$1,447,000,000’’. 

3 SEC. 443. BUDGETARY EFFECTS. 

4 The budgetary effects of this Act, for the purpose of 

5 complying with the Statutory Pay-As-You-Go-Act of 2010, 

6 shall be determined by reference to the latest statement 

7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the Senate Budget Committee, pro10 vided that such statement has been submitted prior to the 

11 vote on passage. 

12 SEC. 444. EFFECTIVE DATE. 

13 Except as otherwise specifically provided in this Act 

14 or any of the amendments made by this Act, this Act and 

15 the amendments made by this Act take effect on October 

16 1, 2010. 


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Calendar No. 363 

111TH CONGRESS 

2D SESSION S. 3307 

[Report No. 111–178] 

A BILL 

To reauthorize child nutrition programs, and for 

other purposes. 

MAY 5, 2010 

Read twice and placed on the calendar 


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