I 

111TH CONGRESS 

2D SESSION S. 3307 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 9, 2010 

Referred to the Committee on Education and Labor and in addition to the 

Committee on the Budget, for a period to be subsequently determined by 

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

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—A PATH TO END CHILDHOOD HUNGER 

Subtitle A—National School Lunch Program 

Sec. 101. Improving direct certification. 

Sec. 102. Categorical eligibility of foster children. 

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

Sec. 104. Eliminating individual applications through community eligibility. 

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

Subtitle B—Summer Food Service Program 

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

Sec. 112. Outreach to eligible families. 

Sec. 113. Summer food service support grants. 

Subtitle C—Child and Adult Care Food Program 

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

food program. 

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

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

and Children 

Sec. 131. Certification periods. 

Subtitle E—Miscellaneous 

Sec. 141. Childhood hunger research. 

Sec. 142. State childhood hunger challenge grants. 

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

meals. 

TITLE II—REDUCING CHILDHOOD OBESITY AND IMPROVING THE 

DIETS OF CHILDREN 

Subtitle A—National School Lunch Program 

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

Sec. 202. Nutrition requirements for fluid milk. 

Sec. 203. Water. 

Sec. 204. Local school wellness policy implementation. 

Sec. 205. Equity in school lunch pricing. 


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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. 

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. 


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Sec. 336. Reducing paperwork and improving program administration. 

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

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

and Children 

Sec. 351. Sharing of materials with other programs. 

Sec. 352. WIC program management. 

Subtitle E—Miscellaneous 

Sec. 361. Full use of Federal funds. 

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

TITLE IV—MISCELLANEOUS 

Subtitle A—Reauthorization of Expiring Provisions 

PART I—RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 401. Commodity support. 

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

Sec. 403. Procurement training. 

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

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

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

Sec. 407. Federal administrative support. 

Sec. 408. Compliance and accountability. 

Sec. 409. Information clearinghouse. 

PART II—CHILD NUTRITION ACT OF 1966 

Sec. 421. Technology infrastructure improvement. 

Sec. 422. State administrative expenses. 

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

Sec. 424. Farmers market nutrition program. 

Subtitle B—Technical Amendments 

Sec. 441. Technical amendments. 

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

Sec. 443. Equipment assistance technical correction. 

Sec. 444. Budgetary effects. 

Sec. 445. Effective date. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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


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1 TITLE I—A PATH TO END 

2 CHILDHOOD HUNGER 

3 Subtitle A—National School Lunch 

4 Program 

5 SEC. 101. IMPROVING DIRECT CERTIFICATION. 

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

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

8 1758(b)(4)) is amended— 

9 (1) in the paragraph heading, by striking 

10 ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL NU11 TRITION ASSISTANCE PROGRAM’’; and 

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

13 ‘‘(E) PERFORMANCE AWARDS.— 

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

15 of the school years beginning July 1, 2011, 

16 July 1, 2012, and July 1, 2013, the Sec17 retary shall offer performance awards to 

18 States to encourage the States to ensure 

19 that all children eligible for direct certifi20 cation under this paragraph are certified in 

21 accordance with this paragraph. 

22 ‘‘(ii) REQUIREMENTS.—For each 

23 school year described in clause (i), the Sec24 retary shall— 


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1 ‘‘(I) consider State data from the 

2 prior school year, including estimates 

3 contained in the report required under 

4 section 4301 of the Food, Conserva5 tion, and Energy Act of 2008 (42 

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

7 ‘‘(II) make performance awards 

8 to not more than 15 States that dem9 onstrate, as determined by the Sec10 retary— 

11 ‘‘(aa) outstanding perform12 ance; and 

13 ‘‘(bb) substantial improve14 ment. 

15 ‘‘(iii) USE OF FUNDS.—A State agen16 cy that receives a performance award 

17 under clause (i)— 

18 ‘‘(I) shall treat the funds as pro19 gram income; and 

20 ‘‘(II) may transfer the funds to 

21 school food authorities for use in car22 rying out the program. 

23 ‘‘(iv) FUNDING.— 

24 ‘‘(I) IN GENERAL.—On October 

25 1, 2011, and each subsequent October 


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1 1 through October 1, 2013, out of any 

2 funds in the Treasury not otherwise 

3 appropriated, the Secretary of the 

4 Treasury shall transfer to the Sec5 retary— 

6 ‘‘(aa) $2,000,000 to carry 

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

8 ‘‘(bb) $2,000,000 to carry 

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

10 ‘‘(II) RECEIPT AND ACCEPT11 ANCE.—The Secretary shall be enti12 tled to receive, shall accept, and shall 

13 use to carry out this clause the funds 

14 transferred under subclause (I), with15 out further appropriation. 

16 ‘‘(v) PAYMENTS NOT SUBJECT TO JU17 DICIAL REVIEW.—A determination by the 

18 Secretary whether, and in what amount, to 

19 make a performance award under this sub20 paragraph shall not be subject to adminis21 trative or judicial review.’’. 

22 (b) CONTINUOUS IMPROVEMENT PLANS.—Section 

23 9(b)(4) of the Richard B. Russell National School Lunch 

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

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


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1 ‘‘(F) CONTINUOUS IMPROVEMENT

2 PLANS.— 

3 ‘‘(i) DEFINITION OF REQUIRED PER4 CENTAGE.—In this subparagraph, the term 

5 ‘required percentage’ means— 

6 ‘‘(I) for the school year beginning 

7 July 1, 2011, 80 percent; 

8 ‘‘(II) for the school year begin9 ning July 1, 2012, 90 percent; and 

10 ‘‘(III) for the school year begin11 ning July 1, 2013, and each school 

12 year thereafter, 95 percent. 

13 ‘‘(ii) REQUIREMENTS.—Each school 

14 year, the Secretary shall— 

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

16 prior year, including estimates con17 tained in the report required under 

18 section 4301 of the Food, Conserva19 tion, and Energy Act of 2008 (42 

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

21 certify less than the required percent22 age of the total number of children in 

23 the State who are eligible for direct 

24 certification under this paragraph; 


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1 ‘‘(II) require the States identified 

2 under subclause (I) to implement a 

3 continuous improvement plan to fully 

4 meet the requirements of this para5 graph, which shall include a plan to 

6 improve direct certification for the fol7 lowing school year; and 

8 ‘‘(III) assist the States identified 

9 under subclause (I) to develop and im10 plement a continuous improvement 

11 plan in accordance with subclause 

12 (II). 

13 ‘‘(iii) FAILURE TO MEET PERFORM14 ANCE STANDARD.— 

15 ‘‘(I) IN GENERAL.—A State that 

16 is required to develop and implement 

17 a continuous improvement plan under 

18 clause (ii)(II) shall be required to sub19 mit the continuous improvement plan 

20 to the Secretary, for the approval of 

21 the Secretary. 

22 ‘‘(II) REQUIREMENTS.—At a 

23 minimum, a continuous improvement 

24 plan under subclause (I) shall in25 clude— 


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1 ‘‘(aa) specific measures that 

2 the State will use to identify 

3 more children who are eligible for 

4 direct certification, including im5 provements or modifications to 

6 technology, information systems, 

7 or databases; 

8 ‘‘(bb) a timeline for the 

9 State to implement those meas10 ures; and 

11 ‘‘(cc) goals for the State to 

12 improve direct certification re13 sults.’’. 

14 (c) WITHOUT FURTHER APPLICATION.—Section 

15 9(b)(4) of the Richard B. Russell National School Lunch 

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

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

18 ‘‘(G) WITHOUT FURTHER APPLICATION.— 

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

20 the term ‘without further application’ 

21 means that no action is required by the 

22 household of the child. 

23 ‘‘(ii) CLARIFICATION.—A requirement 

24 that a household return a letter notifying 

25 the household of eligibility for direct cerVerDate Mar 15 2010 21:03 Aug 10, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3307.RFH S3307

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1 tification or eligibility for free school meals 

2 does not meet the requirements of clause 

3 (i).’’. 

4 SEC. 102. CATEGORICAL ELIGIBILITY OF FOSTER CHIL5 DREN. 

6 (a) DISCRETIONARY CERTIFICATION.—Section 

7 9(b)(5) of the Richard B. Russell National School Lunch 

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

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

10 the end; 

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

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

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

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

15 placement is the responsibility of an agency 

16 that administers a State plan under part B or 

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

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

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

20 with a caretaker household.’’. 

21 (b) CATEGORICAL ELIGIBILITY.—Section 

22 9(b)(12)(A) of the Richard B. Russell National School 

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

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

25 semicolon at the end; 


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

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

3 end and inserting ‘‘; or’’; and 

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

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

6 placement is the responsibility of an agen7 cy that administers a State plan under 

8 part B or E of title IV of the Social Secu9 rity Act (42 U.S.C. 621 et seq.); or 

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

11 placed with a caretaker household.’’. 

12 (c) DOCUMENTATION.—Section 9(d)(2) of the Rich13 ard B. Russell National School Lunch Act (42 U.S.C. 

14 1758(d)(2)) is amended— 

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

16 the end; 

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

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

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

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

21 to the appropriate local educational agency 

22 showing the status of the child as a foster child 

23 whose care and placement is the responsibility 

24 of an agency that administers a State plan 


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1 under part B or E of title IV of the Social Se2 curity Act (42 U.S.C. 621 et seq.); or 

3 ‘‘(ii) documentation has been provided to 

4 the appropriate local educational agency show5 ing the status of the child as a foster child who 

6 a court has placed with a caretaker house7 hold.’’. 

8 SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIV9 ING MEDICAID BENEFITS. 

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

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

12 is amended by adding at the end the following: 

13 ‘‘(15) DIRECT CERTIFICATION FOR CHILDREN

14 RECEIVING MEDICAID BENEFITS.— 

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

16 ‘‘(i) ELIGIBLE CHILD.—The term ‘eli17 gible child’ means a child— 

18 ‘‘(I)(aa) who is eligible for and 

19 receiving medical assistance under the 

20 Medicaid program; and 

21 ‘‘(bb) who is a member of a fam22 ily with an income as measured by the 

23 Medicaid program before the applica24 tion of any expense, block, or other in25 come disregard, that does not exceed 


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1 133 percent of the poverty line (as de2 fined in section 673(2) of the Commu3 nity Services Block Grant Act (42 

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

5 required by such section)) applicable 

6 to a family of the size used for pur7 poses of determining eligibility for the 

8 Medicaid program; or 

9 ‘‘(II) who is a member of a 

10 household (as that term is defined in 

11 section 245.2 of title 7, Code of Fed12 eral Regulations (or successor regula13 tions) with a child described in sub14 clause (I). 

15 ‘‘(ii) MEDICAID PROGRAM.—The term 

16 ‘Medicaid program’ means the program of 

17 medical assistance established under title 

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

19 1396 et seq.). 

20 ‘‘(B) DEMONSTRATION PROJECT.— 

21 ‘‘(i) IN GENERAL.—The Secretary, 

22 acting through the Administrator of the 

23 Food and Nutrition Service and in co24 operation with selected State agencies, 

25 shall conduct a demonstration project in 


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1 selected local educational agencies to deter2 mine whether direct certification of eligible 

3 children is an effective method of certifying 

4 children for free lunches and breakfasts 

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

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

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

8 ‘‘(ii) SCOPE OF PROJECT.—The Sec9 retary shall carry out the demonstration 

10 project under this subparagraph— 

11 ‘‘(I) for the school year beginning 

12 July 1, 2012, in selected local edu13 cational agencies that collectively 

14 serve 2.5 percent of students certified 

15 for free and reduced price meals na16 tionwide, based on the most recent 

17 available data; 

18 ‘‘(II) for the school year begin19 ning July 1, 2013, in selected local 

20 educational agencies that collectively 

21 serve 5 percent of students certified 

22 for free and reduced price meals na23 tionwide, based on the most recent 

24 available data; and 


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1 ‘‘(III) for the school year begin2 ning July 1, 2014, and each subse3 quent school year, in selected local 

4 educational agencies that collectively 

5 serve 10 percent of students certified 

6 for free and reduced price meals na7 tionwide, based on the most recent 

8 available data. 

9 ‘‘(iii) PURPOSES OF THE PROJECT.— 

10 At a minimum, the purposes of the dem11 onstration project shall be— 

12 ‘‘(I) to determine the potential of 

13 direct certification with the Medicaid 

14 program to reach children who are eli15 gible for free meals but not certified 

16 to receive the meals; 

17 ‘‘(II) to determine the potential 

18 of direct certification with the Med19 icaid program to directly certify chil20 dren who are enrolled for free meals 

21 based on a household application; and 

22 ‘‘(III) to provide an estimate of 

23 the effect on Federal costs and on 

24 participation in the school lunch pro25 gram under this Act and the school 


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1 breakfast program established by sec2 tion 4 of the Child Nutrition Act of 

3 1966 (42 U.S.C. 1773) of direct cer4 tification with the Medicaid program. 

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

6 school years of the demonstration project, 

7 the Secretary shall estimate the cost of the 

8 direct certification of eligible children for 

9 free school meals through data derived 

10 from— 

11 ‘‘(I) the school meal programs 

12 authorized under this Act and the 

13 Child Nutrition Act of 1966 (42 

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

15 ‘‘(II) the Medicaid program; and 

16 ‘‘(III) interviews with a statis17 tically representative sample of house18 holds. 

19 ‘‘(C) AGREEMENT.— 

20 ‘‘(i) IN GENERAL.—Not later than 

21 July 1 of the first school year during 

22 which a State agency will participate in the 

23 demonstration project, the State agency 

24 shall enter into an agreement with the 1 or 


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1 more State agencies conducting eligibility 

2 determinations for the Medicaid program. 

3 ‘‘(ii) WITHOUT FURTHER APPLICA4 TION.—Subject to paragraph (6), the 

5 agreement described in subparagraph (D) 

6 shall establish procedures under which an 

7 eligible child shall be certified for free 

8 lunches under this Act and free breakfasts 

9 under section 4 of the Child Nutrition Act 

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

11 application (as defined in paragraph 

12 (4)(G)). 

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

14 year beginning on July 1, 2012, and each sub15 sequent school year, subject to paragraph (6), 

16 the local educational agencies participating in 

17 the demonstration project shall certify an eligi18 ble child as eligible for free lunches under this 

19 Act and free breakfasts under the Child Nutri20 tion Act of 1966 (42 U.S.C. 1771 et seq.), 

21 without further application (as defined in para22 graph (4)(G)). 

23 ‘‘(E) SITE SELECTION.— 

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

25 participate in the demonstration project 


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1 under this subsection, a State agency shall 

2 submit to the Secretary an application at 

3 such time, in such manner, and containing 

4 such information as the Secretary may re5 quire. 

6 ‘‘(ii) CONSIDERATIONS.—In selecting 

7 States and local educational agencies for 

8 participation in the demonstration project, 

9 the Secretary may take into consideration 

10 such factors as the Secretary considers to 

11 be appropriate, which may include— 

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

14 ‘‘(II) the share of individuals who 

15 are eligible for benefits under the sup16 plemental nutrition assistance pro17 gram established under the Food and 

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

19 et seq.) who participate in the pro20 gram, as determined by the Secretary; 

21 ‘‘(III) the income eligibility limit 

22 for the Medicaid program; 

23 ‘‘(IV) the feasibility of matching 

24 data between local educational agen25 cies and the Medicaid program; 


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1 ‘‘(V) the socioeconomic profile of 

2 the State or local educational agen3 cies; and 

4 ‘‘(VI) the willingness of the State 

5 and local educational agencies to com6 ply with the requirements of the dem7 onstration project. 

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

9 conducting the demonstration project under this 

10 paragraph, the Secretary shall have access to— 

11 ‘‘(i) educational and other records of 

12 State and local educational and other 

13 agencies and institutions receiving funding 

14 or providing benefits for 1 or more pro15 grams authorized under this Act or the 

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

17 1771 et seq.); and 

18 ‘‘(ii) income and program participa19 tion information from public agencies ad20 ministering the Medicaid program. 

21 ‘‘(G) REPORT TO CONGRESS.— 

22 ‘‘(i) IN GENERAL.—Not later than Oc23 tober 1, 2014, the Secretary shall submit 

24 to the Committee on Education and Labor 

25 of the House of Representatives and the 


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1 Committee on Agriculture, Nutrition, and 

2 Forestry of the Senate, an interim report 

3 that describes the results of the dem4 onstration project required under this 

5 paragraph. 

6 ‘‘(ii) FINAL REPORT.—Not later than 

7 October 1, 2015, the Secretary shall sub8 mit a final report to the committees de9 scribed in clause (i). 

10 ‘‘(H) FUNDING.— 

11 ‘‘(i) IN GENERAL.—On October 1, 

12 2010, out of any funds in the Treasury not 

13 otherwise appropriated, the Secretary of 

14 the Treasury shall transfer to the Sec15 retary to carry out subparagraph (G) 

16 $5,000,000, to remain available until ex17 pended. 

18 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

19 The Secretary shall be entitled to receive, 

20 shall accept, and shall use to carry out 

21 subparagraph (G) the funds transferred 

22 under clause (i), without further appro23 priation.’’. 


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1 (b) DOCUMENTATION.—Section 9(d)(2) of the Rich2 ard B. Russell National School Lunch Act (42 U.S.C. 

3 1758(d)(2)) (as amended by section 102(c)) is amended— 

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

5 the end; 

6 (2) in subparagraph (F)(ii), by striking the pe7 riod at the end and inserting ‘‘; or’’; and 

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

9 ‘‘(G) documentation has been provided to 

10 the appropriate local educational agency show11 ing the status of the child as an eligible child 

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

13 (c) AGREEMENT FOR DIRECT CERTIFICATION AND

14 COOPERATION BY STATE MEDICAID AGENCIES.— 

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

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

17 amended to read as follows: 

18 ‘‘(7) provide— 

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

20 disclosure of information concerning applicants 

21 and recipients to purposes directly connected 

22 with— 

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

24 and 


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1 ‘‘(ii) the exchange of information nec2 essary to certify or verify the certification 

3 of eligibility of children for free or reduced 

4 price breakfasts under the Child Nutrition 

5 Act of 1966 and free or reduced price 

6 lunches under the Richard B. Russell Na7 tional School Lunch Act, in accordance 

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

9 standards and formats established by the 

10 State agency; and 

11 ‘‘(B) that, notwithstanding the Express 

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

13 may enter into an agreement with the State 

14 agency administering the school lunch program 

15 established under the Richard B. Russell Na16 tional School Lunch Act under which the State 

17 shall establish procedures to ensure that— 

18 ‘‘(i) a child receiving medical assist19 ance under the State plan under this title 

20 whose family income does not exceed 133 

21 percent of the poverty line (as defined in 

22 section 673(2) of the Community Services 

23 Block Grant Act, including any revision re24 quired by such section), as determined 

25 without regard to any expense, block, or 


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1 other income disregard, applicable to a 

2 family of the size involved, may be certified 

3 as eligible for free lunches under the Rich4 ard B. Russell National School Lunch Act 

5 and free breakfasts under the Child Nutri6 tion Act of 1966 without further applica7 tion; and 

8 ‘‘(ii) the State agencies responsible for 

9 administering the State plan under this 

10 title, and for carrying out the school lunch 

11 program established under the Richard B. 

12 Russell National School Lunch Act (42 

13 U.S.C. 1751 et seq.) or the school break14 fast program established by section 4 of 

15 the Child Nutrition Act of 1966 (42 

16 U.S.C. 1773), cooperate in carrying out 

17 paragraphs (3)(F) and (15) of section 9(b) 

18 of that Act;’’. 

19 (2) EFFECTIVE DATE.— 

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

21 subparagraph (B), the amendments made by 

22 this subsection shall take effect on the date of 

23 enactment of this Act. 

24 (B) EXTENSION OF EFFECTIVE DATE FOR

25 STATE LAW AMENDMENT.—In the case of a 


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1 State plan under title XIX of the Social Secu2 rity Act (42 U.S.C. 1396 et seq.) which the 

3 Secretary of Health and Human Services deter4 mines requires State legislation in order for the 

5 plan to meet the additional requirements im6 posed by the amendments made by this section, 

7 the State plan shall not be regarded as failing 

8 to comply with the requirements of the amend9 ments made by this section solely on the basis 

10 of its failure to meet such additional require11 ments before the first day of the first calendar 

12 quarter beginning after the close of the first 

13 regular session of the State legislature that be14 gins after the date of the enactment of this Act. 

15 For purposes of the previous sentence, in the 

16 case of a State that has a 2-year legislative ses17 sion, each year of the session is considered to 

18 be a separate regular session of the State legis19 lature. 

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

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

22 1232g(b)(1)) is amended— 

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

24 the end; 


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1 (2) in subparagraph (J)(ii), by striking the pe2 riod at the end and inserting ‘‘; and’’; 

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

4 ‘‘(K) the Secretary of Agriculture, or authorized 

5 representative from the Food and Nutrition Service 

6 or contractors acting on behalf of the Food and Nu7 trition Service, for the purposes of conducting pro8 gram monitoring, evaluations, and performance 

9 measurements of State and local educational and 

10 other agencies and institutions receiving funding or 

11 providing benefits of 1 or more programs authorized 

12 under the Richard B. Russell National School Lunch 

13 Act (42 U.S.C. 1751 et seq.) or the Child Nutrition 

14 Act of 1966 (42 U.S.C. 1771 et seq.) for which the 

15 results will be reported in an aggregate form that 

16 does not identify any individual, on the conditions 

17 that— 

18 ‘‘(i) any data collected under this subpara19 graph shall be protected in a manner that will 

20 not permit the personal identification of stu21 dents and their parents by other than the au22 thorized representatives of the Secretary; and 

23 ‘‘(ii) any personally identifiable data shall 

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1 ed for program monitoring, evaluations, and 

2 performance measurements.’’. 

3 SEC. 104. ELIMINATING INDIVIDUAL APPLICATIONS 

4 THROUGH COMMUNITY ELIGIBILITY. 

5 (a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY

6 AREAS.— 

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

8 Richard B. Russell National School Lunch Act (42 

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

10 end the following: 

11 ‘‘(F) UNIVERSAL MEAL SERVICE IN HIGH

12 POVERTY AREAS.— 

13 ‘‘(i) DEFINITION OF IDENTIFIED STU14 DENTS.—The term ‘identified students’ 

15 means students certified based on docu16 mentation of benefit receipt or categorical 

17 eligibility as described in section 

18 245.6a(c)(2) of title 7, Code of Federal 

19 Regulations (or successor regulations). 

20 ‘‘(ii) ELECTION OF SPECIAL ASSIST21 ANCE PAYMENTS.— 

22 ‘‘(I) IN GENERAL.—A local edu23 cational agency may, for all schools in 

24 the district or on behalf of certain 

25 schools in the district, elect to receive 


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1 special assistance payments under this 

2 subparagraph in lieu of special assist3 ance payments otherwise made avail4 able under this paragraph based on 

5 applications for free and reduced price 

6 lunches if— 

7 ‘‘(aa) during a period of 4 

8 successive school years, the local 

9 educational agency elects to serve 

10 all children in the applicable 

11 schools free lunches and break12 fasts under the school lunch pro13 gram under this Act and the 

14 school breakfast program estab15 lished under section 4 of the 

16 Child Nutrition Act of 1966 (42 

17 U.S.C. 1773); 

18 ‘‘(bb) the local educational 

19 agency pays, from sources other 

20 than Federal funds, the costs of 

21 serving the lunches or breakfasts 

22 that are in excess of the value of 

23 assistance received under this Act 

24 and the Child Nutrition Act of 

25 1966 (42 U.S.C. 1771 et seq.); 


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1 ‘‘(cc) the local educational 

2 agency is not a residential child 

3 care institution (as that term is 

4 used in section 210.2 of title 7, 

5 Code of Federal Regulations (or 

6 successor regulations)); and 

7 ‘‘(dd) during the school year 

8 prior to the first year of the pe9 riod for which the local edu10 cational agency elects to receive 

11 special assistance payments 

12 under this subparagraph, the 

13 local educational agency or school 

14 had a percentage of enrolled stu15 dents who were identified stu16 dents that meets or exceeds the 

17 threshold described in clause 

18 (viii). 

19 ‘‘(II) ELECTION TO STOP RE20 CEIVING PAYMENTS.—A local edu21 cational agency may, for all schools in 

22 the district or on behalf of certain 

23 schools in the district, elect to stop re24 ceiving special assistance payments 

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1 lowing school year by notifying the 

2 State agency not later than June 30 

3 of the current school year of the in4 tention to stop receiving special assist5 ance payments under this subpara6 graph. 

7 ‘‘(iii) FIRST YEAR OF OPTION.— 

8 ‘‘(I) SPECIAL ASSISTANCE PAY9 MENT.—For each month of the first 

10 school year of the 4-year period dur11 ing which a school or local educational 

12 agency elects to receive payments 

13 under this subparagraph, special as14 sistance payments at the rate for free 

15 meals shall be made under this sub16 paragraph for a percentage of all re17 imbursable meals served in an amount 

18 equal to the product obtained by mul19 tiplying— 

20 ‘‘(aa) the multiplier de21 scribed in clause (vii); by 

22 ‘‘(bb) the percentage of 

23 identified students at the school 

24 or local educational agency as of 


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1 April 1 of the prior school year, 

2 up to a maximum of 100 percent. 

3 ‘‘(II) PAYMENT FOR OTHER

4 MEALS.—The percentage of meals 

5 served that is not described in sub6 clause (I) shall be reimbursed at the 

7 rate provided under section 4. 

8 ‘‘(iv) SECOND, THIRD, OR FOURTH

9 YEAR OF OPTION.— 

10 ‘‘(I) SPECIAL ASSISTANCE PAY11 MENT.—For each month of the sec12 ond, third, or fourth school year of 

13 the 4-year period during which a 

14 school or local educational agency 

15 elects to receive payments under this 

16 subparagraph, special assistance pay17 ments at the rate for free meals shall 

18 be made under this subparagraph for 

19 a percentage of all reimbursable meals 

20 served in an amount equal to the 

21 product obtained by multiplying— 

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

24 ‘‘(bb) the higher of the per25 centage of identified students at 


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1 the school or local educational 

2 agency as of April 1 of the prior 

3 school year or the percentage of 

4 identified students at the school 

5 or local educational agency as of 

6 April 1 of the school year prior to 

7 the first year that the school or 

8 local educational agency elected 

9 to receive special assistance pay10 ments under this subparagraph, 

11 up to a maximum of 100 percent. 

12 ‘‘(II) PAYMENT FOR OTHER

13 MEALS.—The percentage of meals 

14 served that is not described in sub15 clause (I) shall be reimbursed at the 

16 rate provided under section 4. 

17 ‘‘(v) GRACE YEAR.— 

18 ‘‘(I) IN GENERAL.—If, not later 

19 than April 1 of the fourth year of a 

20 4-year period described in clause 

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

22 agency has a percentage of enrolled 

23 students who are identified students 

24 that meets or exceeds a percentage 

25 that is 10 percentage points lower 


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1 than the threshold described in clause 

2 (viii), the school or local educational 

3 agency may elect to receive special as4 sistance payments under subclause 

5 (II) for an additional grace year. 

6 ‘‘(II) SPECIAL ASSISTANCE PAY7 MENT.—For each month of a grace 

8 year, special assistance payments at 

9 the rate for free meals shall be made 

10 under this subparagraph for a per11 centage of all reimbursable meals 

12 served in an amount equal to the 

13 product obtained by multiplying— 

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 ‘‘(III) PAYMENT FOR OTHER

22 MEALS.—The percentage of meals 

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

25 rate provided under section 4. 


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1 ‘‘(vi) APPLICATIONS.—A school or 

2 local educational agency that receives spe3 cial assistance payments under this sub4 paragraph may not be required to collect 

5 applications for free and reduced price 

6 lunches. 

7 ‘‘(vii) MULTIPLIER.— 

8 ‘‘(I) PHASE-IN.—For each school 

9 year beginning on or before July 1, 

10 2013, the multiplier shall be 1.6. 

11 ‘‘(II) FULL IMPLEMENTATION.— 

12 For each school year beginning on or 

13 after July 1, 2014, the Secretary may 

14 use, as determined by the Secretary— 

15 ‘‘(aa) a multiplier between 

16 1.3 and 1.6; and 

17 ‘‘(bb) subject to item (aa), a 

18 different multiplier for different 

19 schools or local educational agen20 cies. 

21 ‘‘(viii) THRESHOLD.— 

22 ‘‘(I) PHASE-IN.—For each school 

23 year beginning on or before July 1, 

24 2013, the threshold shall be 40 per25 cent. 


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1 ‘‘(II) FULL IMPLEMENTATION.— 

2 For each school year beginning on or 

3 after July 1, 2014, the Secretary may 

4 use a threshold that is less than 40 

5 percent. 

6 ‘‘(ix) PHASE-IN.— 

7 ‘‘(I) IN GENERAL.—In selecting 

8 States for participation during the 

9 phase-in period, the Secretary shall 

10 select States with an adequate num11 ber and variety of schools and local 

12 educational agencies that could ben13 efit from the option under this sub14 paragraph, as determined by the Sec15 retary. 

16 ‘‘(II) LIMITATION.—The Sec17 retary may not approve additional 

18 schools and local educational agencies 

19 to receive special assistance payments 

20 under this subparagraph after the 

21 Secretary has approved schools and 

22 local educational agencies in— 

23 ‘‘(aa) for the school year be24 ginning on July 1, 2011, 3 

25 States; and 


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1 ‘‘(bb) for each of the school 

2 years beginning July 1, 2012 and 

3 July 1, 2013, an additional 4 

4 States per school year. 

5 ‘‘(x) ELECTION OF OPTION.— 

6 ‘‘(I) IN GENERAL.—For each 

7 school year beginning on or after July 

8 1, 2014, any local educational agency 

9 eligible to make the election described 

10 in clause (ii) for all schools in the dis11 trict or on behalf of certain schools in 

12 the district may elect to receive spe13 cial assistance payments under clause 

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

15 later than June 30 of the current 

16 school year, the local educational 

17 agency submits to the State agency 

18 the percentage of identified students 

19 at the school or local educational 

20 agency. 

21 ‘‘(II) STATE AGENCY NOTIFICA22 TION.—Not later than May 1 of each 

23 school year beginning on or after July 

24 1, 2011, each State agency with 

25 schools or local educational agencies 


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1 that may be eligible to elect to receive 

2 special assistance payments under this 

3 subparagraph shall notify— 

4 ‘‘(aa) each local educational 

5 agency that meets or exceeds the 

6 threshold described in clause 

7 (viii) that the local educational 

8 agency is eligible to elect to re9 ceive special assistance payments 

10 under clause (iii) for the next 4 

11 school years, of the blended reim12 bursement rate the local edu13 cational agency would receive 

14 under clause (iii), and of the pro15 cedures for the local educational 

16 agency to make the election; 

17 ‘‘(bb) each local educational 

18 agency that receives special as19 sistance payments under clause 

20 (iii) of the blended reimburse21 ment rate the local educational 

22 agency would receive under 

23 clause (iv); 

24 ‘‘(cc) each local educational 

25 agency in the fourth year of 


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1 electing to receive special assist2 ance payments under this sub3 paragraph that meets or exceeds 

4 a percentage that is 10 percent5 age points lower than the thresh6 old described in clause (viii) and 

7 that receives special assistance 

8 payments under clause (iv), that 

9 the local educational agency may 

10 continue to receive such pay11 ments for the next school year, of 

12 the blended reimbursement rate 

13 the local educational agency 

14 would receive under clause (v), 

15 and of the procedures for the 

16 local educational agency to make 

17 the election; and 

18 ‘‘(dd) each local educational 

19 agency that meets or exceeds a 

20 percentage that is 10 percentage 

21 points lower than the threshold 

22 described in clause (viii) that the 

23 local educational agency may be 

24 eligible to elect to receive special 

25 assistance payments under clause 


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1 (iii) if the threshold described in 

2 clause (viii) is met by April 1 of 

3 the school year or if the thresh4 old is met for a subsequent 

5 school year. 

6 ‘‘(III) PUBLIC NOTIFICATION OF

7 LOCAL EDUCATIONAL AGENCIES.— 

8 Not later than May 1 of each school 

9 year beginning on or after July 1, 

10 2011, each State agency with 1 or 

11 more schools or local educational 

12 agencies eligible to elect to receive 

13 special assistance payments under 

14 clause (iii) shall submit to the Sec15 retary, and the Secretary shall pub16 lish, lists of the local educational 

17 agencies receiving notices under sub18 clause (II). 

19 ‘‘(IV) PUBLIC NOTIFICATION OF

20 SCHOOLS.—Not later than May 1 of 

21 each school year beginning on or after 

22 July 1, 2011, each local educational 

23 agency in a State with 1 or more 

24 schools eligible to elect to receive spe25 cial assistance payments under clause 


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1 (iii) shall submit to the State agency, 

2 and the State agency shall publish— 

3 ‘‘(aa) a list of the schools 

4 that meet or exceed the threshold 

5 described in clause (viii); 

6 ‘‘(bb) a list of the schools 

7 that meet or exceed a percentage 

8 that is 10 percentage points 

9 lower than the threshold de10 scribed in clause (viii) and that 

11 are in the fourth year of receiv12 ing special assistance payments 

13 under clause (iv); and 

14 ‘‘(cc) a list of the schools 

15 that meet or exceed a percentage 

16 that is 10 percentage points 

17 lower than the threshold de18 scribed in clause (viii). 

19 ‘‘(xi) IMPLEMENTATION.— 

20 ‘‘(I) GUIDANCE.—Not later than 

21 90 days after the date of enactment of 

22 this subparagraph, the Secretary shall 

23 issue guidance to implement this sub24 paragraph. 


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1 ‘‘(II) REGULATIONS.—Not later 

2 than December 31, 2013, the Sec3 retary shall promulgate regulations 

4 that establish procedures for State 

5 agencies, local educational agencies, 

6 and schools to meet the requirements 

7 of this subparagraph, including exer8 cising the option described in this sub9 paragraph. 

10 ‘‘(III) PUBLICATION.—If the 

11 Secretary uses the authority provided 

12 in clause (vii)(II)(bb) to use a dif13 ferent multiplier for different schools 

14 or local educational agencies, for each 

15 school year beginning on or after July 

16 1, 2014, not later than April 1, 2014, 

17 the Secretary shall publish on the 

18 website of the Secretary a table that 

19 indicates— 

20 ‘‘(aa) each local educational 

21 agency that may elect to receive 

22 special assistance payments 

23 under clause (ii); 

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1 cational agency would receive; 

2 and 

3 ‘‘(cc) an explanation of the 

4 methodology used to calculate the 

5 multiplier or threshold for each 

6 school or local educational agen7 cy. 

8 ‘‘(xii) REPORT.—Not later than De9 cember 31, 2013, the Secretary shall pub10 lish a report that describes— 

11 ‘‘(I) an estimate of the number 

12 of schools and local educational agen13 cies eligible to elect to receive special 

14 assistance payments under this sub15 paragraph that do not elect to receive 

16 the payments; 

17 ‘‘(II) for schools and local edu18 cational agencies described in sub19 clause (I)— 

20 ‘‘(aa) barriers to participa21 tion in the special assistance op22 tion under this subparagraph, as 

23 described by the nonparticipating 

24 schools and local educational 

25 agencies; and 


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1 ‘‘(bb) changes to the special 

2 assistance option under this sub3 paragraph that would make eligi4 ble schools and local educational 

5 agencies more likely to elect to 

6 receive special assistance pay7 ments; 

8 ‘‘(III) for schools and local edu9 cational agencies that elect to receive 

10 special assistance payments under this 

11 subparagraph— 

12 ‘‘(aa) the number of schools 

13 and local educational agencies; 

14 ‘‘(bb) an estimate of the per15 centage of identified students and 

16 the percentage of enrolled stu17 dents who were certified to re18 ceive free or reduced price meals 

19 in the school year prior to the 

20 election to receive special assist21 ance payments under this sub22 paragraph, and a description of 

23 how the ratio between those per24 centages compares to 1.6; 


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1 ‘‘(cc) an estimate of the 

2 number and share of schools and 

3 local educational agencies in 

4 which more than 80 percent of 

5 students are certified for free or 

6 reduced price meals that elect to 

7 receive special assistance pay8 ments under that clause; and 

9 ‘‘(dd) whether any of the 

10 schools or local educational agen11 cies stopped electing to receive 

12 special assistance payments 

13 under this subparagraph; 

14 ‘‘(IV) the impact of electing to 

15 receive special assistance payments 

16 under this subparagraph on— 

17 ‘‘(aa) program integrity; 

18 ‘‘(bb) whether a breakfast 

19 program is offered; 

20 ‘‘(cc) the type of breakfast 

21 program offered; 

22 ‘‘(dd) the nutritional quality 

23 of school meals; and 

24 ‘‘(ee) program participation; 

25 and 


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1 ‘‘(V) the multiplier and thresh2 old, as described in clauses (vii) and 

3 (viii) respectively, that the Secretary 

4 will use for each school year beginning 

5 on or after July 1, 2014 and the ra6 tionale for any change in the multi7 plier or threshold. 

8 ‘‘(xiii) FUNDING.— 

9 ‘‘(I) IN GENERAL.—On October 

10 1, 2010, out of any funds in the 

11 Treasury not otherwise appropriated, 

12 the Secretary of the Treasury shall 

13 transfer to the Secretary to carry out 

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

15 available until September 30, 2014. 

16 ‘‘(II) RECEIPT AND ACCEPT17 ANCE.—The Secretary shall be enti18 tled to receive, shall accept, and shall 

19 use to carry out clause (xii) the funds 

20 transferred under subclause (I), with21 out further appropriation.’’. 

22 (2) CONFORMING AMENDMENTS.—Section 

23 11(a)(1)(B) of the Richard B. Russell National 

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


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

2 (F)’’. 

3 (b) UNIVERSAL MEAL SERVICE THROUGH CENSUS

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

5 School Lunch Act (42 U.S.C. 1759a) is amended by add6 ing at the end the following: 

7 ‘‘(g) UNIVERSAL MEAL SERVICE THROUGH CENSUS

8 DATA.— 

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

10 practicable, the Secretary shall identify alternatives 

11 to— 

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

13 meals provided by school lunch programs under 

14 this Act and the school breakfast program es15 tablished by section 4 of the Child Nutrition 

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

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

18 basis for eligibility to receive free meals or re19 duced price meals under this Act. 

20 ‘‘(2) RECOMMENDATIONS.— 

21 ‘‘(A) CONSIDERATIONS.— 

22 ‘‘(i) IN GENERAL.—In identifying al23 ternatives under paragraph (1), the Sec24 retary shall consider the recommendations 

25 of the Committee on National Statistics of 


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1 the National Academy of Sciences relating 

2 to use of the American Community Survey 

3 of the Bureau of the Census and other 

4 data sources. 

5 ‘‘(ii) SOCIOECONOMIC SURVEY.—The 

6 Secretary shall consider use of a periodic 

7 socioeconomic survey of households of chil8 dren attending school in the school food 

9 authority in not more than 3 school food 

10 authorities participating in the school 

11 lunch program under this Act. 

12 ‘‘(iii) SURVEY PARAMETERS.—The 

13 Secretary shall establish requirements for 

14 the use of a socioeconomic survey under 

15 clause (ii), which shall— 

16 ‘‘(I) include criteria for survey 

17 design, sample frame validity, min18 imum level of statistical precision, 

19 minimum survey response rates, fre20 quency of data collection, and other 

21 criteria as determined by the Sec22 retary; 

23 ‘‘(II) be consistent with the 

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1 tical Surveys, as published by the Of2 fice of Management and Budget; 

3 ‘‘(III) be consistent with stand4 ards and requirements that ensure 

5 proper use of Federal funds; and 

6 ‘‘(IV) specify that the socio7 economic survey be conducted at least 

8 once every 4 years. 

9 ‘‘(B) USE OF ALTERNATIVES.—Alter10 natives described in subparagraph (A) that pro11 vide accurate and effective means of providing 

12 meal reimbursement consistent with the eligi13 bility status of students may be— 

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

15 by school food authorities that agree— 

16 ‘‘(I) to serve all breakfasts and 

17 lunches to students at no cost in ac18 cordance with regulations issued by 

19 the Secretary; and 

20 ‘‘(II) to pay, from sources other 

21 than Federal funds, the costs of serv22 ing any lunches and breakfasts that 

23 are in excess of the value of assistance 

24 received under this Act or the Child 

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


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1 1771 et seq.) with respect to the num2 ber of lunches and breakfasts served 

3 during the applicable period; or 

4 ‘‘(ii) further tested through dem5 onstration projects carried out by the Sec6 retary in accordance with subparagraph 

7 (C). 

8 ‘‘(C) DEMONSTRATION PROJECTS.— 

9 ‘‘(i) IN GENERAL.—For the purpose 

10 of carrying out demonstration projects de11 scribed in subparagraph (B), the Secretary 

12 may waive any requirement of this Act re13 lating to— 

14 ‘‘(I) counting of meals provided 

15 by school lunch or breakfast pro16 grams; 

17 ‘‘(II) applications for eligibility 

18 for free or reduced priced meals; or 

19 ‘‘(III) required direct certifi20 cation under section 9(b)(4). 

21 ‘‘(ii) NUMBER OF PROJECTS.—The 

22 Secretary shall carry out demonstration 

23 projects under this paragraph in not more 

24 than 5 local educational agencies for each 

25 alternative model that is being tested. 


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1 ‘‘(iii) LIMITATION.—A demonstration 

2 project carried out under this paragraph 

3 shall have a duration of not more than 3 

4 years. 

5 ‘‘(iv) EVALUATION.—The Secretary 

6 shall evaluate each demonstration project 

7 carried out under this paragraph in ac8 cordance with procedures established by 

9 the Secretary. 

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

11 evaluations under clause (iv), the Secretary 

12 shall evaluate, using comparisons with 

13 local educational agencies with similar de14 mographic characteristics— 

15 ‘‘(I) the accuracy of the 1 or 

16 more methodologies adopted as com17 pared to the daily counting by cat18 egory of meals provided by school 

19 meal programs under this Act or the 

20 Child Nutrition Act of 1966 (42 

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

22 annual applications as the basis for 

23 eligibility to receive free or reduced 

24 price meals under those Acts; 


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1 ‘‘(II) the effect of the 1 or more 

2 methodologies adopted on participa3 tion in programs under those Acts; 

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

5 methodologies adopted on administra6 tion of programs under those Acts; 

7 and 

8 ‘‘(IV) such other matters as the 

9 Secretary determines to be appro10 priate.’’. 

11 SEC. 105. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST 

12 PROGRAMS. 

13 The Child Nutrition Act of 1966 (42 U.S.C. 1771 

14 et seq.) is amended by adding at the end the following: 

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

16 PROGRAMS. 

17 ‘‘(a) DEFINITION OF QUALIFYING SCHOOL.—In this 

18 section, the term ‘qualifying school’ means a school in se19 vere need, as described in section 4(d)(1). 

20 ‘‘(b) ESTABLISHMENT.—Subject to the availability of 

21 appropriations provided in advance in an appropriations 

22 Act specifically for the purpose of carrying out this sec23 tion, the Secretary shall establish a program under which 

24 the Secretary shall provide grants, on a competitive basis, 

25 to State educational agencies for the purpose of providing 


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1 subgrants to local educational agencies for qualifying 

2 schools to establish, maintain, or expand the school break3 fast program in accordance with this section. 

4 ‘‘(c) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

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

6 grant under this section, a State educational agency 

7 shall submit to the Secretary an application at such 

8 time, in such manner, and containing such informa9 tion as the Secretary may require. 

10 ‘‘(2) ADMINISTRATION.—In carrying out this 

11 section, the Secretary shall— 

12 ‘‘(A) develop an appropriate competitive 

13 application process; and 

14 ‘‘(B) make information available to State 

15 educational agencies concerning the availability 

16 of funds under this section. 

17 ‘‘(3) ALLOCATION.—The amount of grants pro18 vided by the Secretary to State educational agencies 

19 for a fiscal year under this section shall not exceed 

20 the lesser of— 

21 ‘‘(A) the product obtained by multi22 plying— 

23 ‘‘(i) the number of qualifying schools 

24 receiving subgrants or other benefits under 

25 subsection (d) for the fiscal year; and 


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1 ‘‘(ii) the maximum amount of a 

2 subgrant provided to a qualifying school 

3 under subsection (d)(4)(B); or 

4 ‘‘(B) $2,000,000. 

5 ‘‘(d) SUBGRANTS TO QUALIFYING SCHOOLS.— 

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

7 receiving a grant under this section shall use funds 

8 made available under the grant to award subgrants 

9 to local educational agencies for a qualifying school 

10 or groups of qualifying schools to carry out activities 

11 in accordance with this section. 

12 ‘‘(2) PRIORITY.—In awarding subgrants under 

13 this subsection, a State educational agency shall give 

14 priority to local educational agencies with qualifying 

15 schools in which at least 75 percent of the students 

16 are eligible for free or reduced price school lunches 

17 under the school lunch program established under 

18 the Richard B. Russell National School Lunch Act 

19 (42 U.S.C. 1751 et seq.). 

20 ‘‘(3) STATE AND DISTRICT TRAINING AND

21 TECHNICAL SUPPORT.—A local educational agency 

22 or State educational agency may allocate a portion 

23 of each subgrant to provide training and technical 

24 assistance to the staff of qualifying schools to carry 

25 out the purposes of this section. 


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1 ‘‘(4) AMOUNT; TERM.— 

2 ‘‘(A) IN GENERAL.—Except as otherwise 

3 provided in this paragraph, a subgrant provided 

4 by a State educational agency to a local edu5 cational agency or qualifying school under this 

6 section shall be in such amount, and shall be 

7 provided for such term, as the State educational 

8 agency determines appropriate. 

9 ‘‘(B) MAXIMUM AMOUNT.—The amount of 

10 a subgrant provided by a State educational 

11 agency to a local educational agency for a quali12 fying school or a group of qualifying schools 

13 under this subsection shall not exceed $10,000 

14 for each school year. 

15 ‘‘(C) MAXIMUM GRANT TERM.—A local 

16 educational agency or State educational agency 

17 shall not provide subgrants to a qualifying 

18 school under this subsection for more than 2 

19 fiscal years. 

20 ‘‘(e) BEST PRACTICES.— 

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

22 under this section, the Secretary shall make avail23 able to State educational agencies information re24 garding the most effective mechanisms by which to 


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1 increase school breakfast participation among eligi2 ble children at qualifying schools. 

3 ‘‘(2) PREFERENCE.—In awarding subgrants 

4 under this section, a State educational agency shall 

5 give preference to local educational agencies for 

6 qualifying schools or groups of qualifying schools 

7 that have adopted, or provide assurances that the 

8 subgrant funds will be used to adopt, the most effec9 tive mechanisms identified by the Secretary under 

10 paragraph (1). 

11 ‘‘(f) USE OF FUNDS.— 

12 ‘‘(1) IN GENERAL.—A qualifying school may 

13 use a grant provided under this section— 

14 ‘‘(A) to establish, promote, or expand a 

15 school breakfast program of the qualifying 

16 school under this section, which shall include a 

17 nutritional education component; 

18 ‘‘(B) to extend the period during which 

19 school breakfast is available at the qualifying 

20 school; 

21 ‘‘(C) to provide school breakfast to stu22 dents of the qualifying school during the school 

23 day; or 

24 ‘‘(D) for other appropriate purposes, as de25 termined by the Secretary. 


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1 ‘‘(2) REQUIREMENT.—Each activity of a quali2 fying school under this subsection shall be carried 

3 out in accordance with applicable nutritional guide4 lines and regulations issued by the Secretary. 

5 ‘‘(g) MAINTENANCE OF EFFORT.—Grants made 

6 available under this section shall not diminish or otherwise 

7 affect the expenditure of funds from State and local 

8 sources for the maintenance of the school breakfast pro9 gram. 

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

11 the end of a school year during which subgrants are 

12 awarded under this section, the Secretary shall submit to 

13 Congress a report describing the activities of the quali14 fying schools awarded subgrants. 

15 ‘‘(i) EVALUATION.—Not later than 180 days before 

16 the end of a grant term under this section, a local edu17 cational agency that receives a subgrant under this section 

18 shall— 

19 ‘‘(1) evaluate whether electing to provide uni20 versal free breakfasts under the school breakfast 

21 program in accordance with Provision 2 as estab22 lished under subsections (b) through (k) of section 

23 245.9 of title 7, Code of Federal Regulations (or 

24 successor regulations), would be cost-effective for the 


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1 qualified schools based on estimated administrative 

2 savings and economies of scale; and 

3 ‘‘(2) submit the results of the evaluation to the 

4 State educational agency. 

5 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 such sums as are necessary for each of fiscal years 2010 

8 through 2015.’’. 

9 Subtitle B—Summer Food Service 

10 Program 

11 SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC 

12 AND PRIVATE SPONSORS. 

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

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

15 striking paragraph (7) and inserting the following: 

16 ‘‘(7) PRIVATE NONPROFIT ORGANIZATIONS.— 

17 ‘‘(A) DEFINITION OF PRIVATE NONPROFIT

18 ORGANIZATION.—In this paragraph, the term 

19 ‘private nonprofit organization’ means an orga20 nization that— 

21 ‘‘(i) exercises full control and author22 ity over the operation of the program at all 

23 sites under the sponsorship of the organi24 zation; 


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1 ‘‘(ii) provides ongoing year-round ac2 tivities for children or families; 

3 ‘‘(iii) demonstrates that the organiza4 tion has adequate management and the fis5 cal capacity to operate a program under 

6 this section; 

7 ‘‘(iv) is an organization described in 

8 section 501(c) of the Internal Revenue 

9 Code of 1986 and exempt from taxation 

10 under 501(a) of that Code; and 

11 ‘‘(v) meets applicable State and local 

12 health, safety, and sanitation standards. 

13 ‘‘(B) ELIGIBILITY.—Private nonprofit or14 ganizations (other than organizations eligible 

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

16 program under the same terms and conditions 

17 as other service institutions.’’. 

18 SEC. 112. OUTREACH TO ELIGIBLE FAMILIES. 

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

20 School Lunch Act (42 U.S.C. 1761(a)) is amended by add21 ing at the end the following: 

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

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

24 require each State agency that administers the 

25 national school lunch program under this Act to 


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1 ensure that, to the maximum extent practicable, 

2 school food authorities participating in the 

3 school lunch program under this Act cooperate 

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

6 ‘‘(i) the availability and location of 

7 summer food service program meals; and 

8 ‘‘(ii) the availability of reimbursable 

9 breakfasts served under the school break10 fast program established by section 4 of 

11 the Child Nutrition Act of 1966 (42 

12 U.S.C. 1773). 

13 ‘‘(B) INCLUSIONS.—Informational activi14 ties carried out under subparagraph (A) may 

15 include— 

16 ‘‘(i) the development or dissemination 

17 of printed materials, to be distributed to 

18 all school children or the families of school 

19 children prior to the end of the school 

20 year, that inform families of the avail21 ability and location of summer food service 

22 program meals; 

23 ‘‘(ii) the development or dissemination 

24 of materials, to be distributed using elec25 tronic means to all school children or the 


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1 families of school children prior to the end 

2 of the school year, that inform families of 

3 the availability and location of summer 

4 food service program meals; and 

5 ‘‘(iii) such other activities as are ap6 proved by the applicable State agency to 

7 promote the availability and location of 

8 summer food service program meals to 

9 school children and the families of school 

10 children. 

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

12 State agency administering the program under 

13 this section is not the same State agency that 

14 administers the school lunch program under 

15 this Act, the 2 State agencies shall work coop16 eratively to implement this paragraph.’’. 

17 SEC. 113. SUMMER FOOD SERVICE SUPPORT GRANTS. 

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

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

20 section 112) is amended by adding at the end the fol21 lowing: 

22 ‘‘(12) SUMMER FOOD SERVICE SUPPORT

23 GRANTS.— 

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

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1 graph to award grants on a competitive basis to 

2 State agencies to provide to eligible service in3 stitutions— 

4 ‘‘(i) technical assistance; 

5 ‘‘(ii) assistance with site improvement 

6 costs; or 

7 ‘‘(iii) other innovative activities that 

8 improve and encourage sponsor retention. 

9 ‘‘(B) ELIGIBILITY.—To be eligible to re10 ceive a grant under this paragraph, a State 

11 agency shall submit an application to the Sec12 retary in such manner, at such time, and con13 taining such information as the Secretary may 

14 require. 

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

16 this paragraph, the Secretary shall give priority 

17 to— 

18 ‘‘(i) applications from States with sig19 nificant low-income child populations; and 

20 ‘‘(ii) State plans that demonstrate in21 novative approaches to retain and support 

22 summer food service programs after the 

23 expiration of the start-up funding grants. 

24 ‘‘(D) USE OF FUNDS.—A State and eligi25 ble service institution may use funds made 


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1 available under this paragraph to pay for such 

2 costs as the Secretary determines are necessary 

3 to establish and maintain summer food service 

4 programs. 

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

6 reallocate any amounts made available to carry 

7 out this paragraph that are not obligated or ex8 pended, as determined by the Secretary. 

9 ‘‘(F) AUTHORIZATION OF APPROPRIA10 TIONS.—There is authorized to be appropriated 

11 to carry out this paragraph $20,000,000 for fis12 cal years 2011 through 2015.’’. 

13 Subtitle C—Child and Adult Care 

14 Food Program 

15 SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINA16 TIONS IN THE CHILD AND ADULT CARE FOOD 

17 PROGRAM. 

18 Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Rus19 sell National School Lunch Act (42 U.S.C. 

20 1766(f)(3)(A)(ii)(I)(bb)) is amended by striking ‘‘elemen21 tary’’. 


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1 SEC. 122. EXPANSION OF AFTERSCHOOL MEALS FOR AT2 RISK CHILDREN. 

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

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

5 striking paragraph (5) and inserting the following: 

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

7 in the program under this subsection may not claim 

8 reimbursement for meals and snacks that are served 

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

10 ‘‘(6) HANDBOOK.— 

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

12 days after the date of enactment of the 

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

14 Secretary shall— 

15 ‘‘(i) issue guidelines for afterschool 

16 meals for at-risk school children; and 

17 ‘‘(ii) publish a handbook reflecting 

18 those guidelines. 

19 ‘‘(B) REVIEW.—Each year after the 

20 issuance of guidelines under subparagraph (A), 

21 the Secretary shall— 

22 ‘‘(i) review the guidelines; and 

23 ‘‘(ii) issue a revised handbook reflect24 ing changes made to the guidelines.’’. 


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1 Subtitle D—Special Supplemental 

2 Nutrition Program for Women, 

3 Infants, and Children 

4 SEC. 131. CERTIFICATION PERIODS. 

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

6 1966 (42 U.S.C. 1786(d)(3)(A)) is amended by adding at 

7 the end the following: 

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

9 to certify participant children for a period 

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

11 option provided under this clause ensures 

12 that participant children receive required 

13 health and nutrition assessments.’’. 

14 Subtitle E—Miscellaneous 

15 SEC. 141. CHILDHOOD HUNGER RESEARCH. 

16 The Richard B. Russell National School Lunch Act 

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

18 1769c) the following: 

19 ‘‘SEC. 23. CHILDHOOD HUNGER RESEARCH. 

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

21 CHILDHOOD HUNGER.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall con23 duct research on— 

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

25 food insecurity; 


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1 ‘‘(B) the characteristics of households with 

2 childhood hunger and food insecurity; and 

3 ‘‘(C) the consequences of childhood hunger 

4 and food insecurity. 

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

6 under paragraph (1), the Secretary may— 

7 ‘‘(A) enter into competitively awarded con8 tracts or cooperative agreements; or 

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

10 private agencies or organizations, as determined 

11 by the Secretary. 

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

13 a contract or cooperative agreement or receive a 

14 grant under this subsection, a State or public or pri15 vate agency or organization shall submit to the Sec16 retary an application at such time, in such manner, 

17 and containing such information as the Secretary 

18 shall require. 

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

20 design the research program to advance knowledge 

21 and understanding of information on the issues de22 scribed in paragraph (1), such as— 

23 ‘‘(A) economic, health, social, cultural, de24 mographic, and other factors that contribute to 

25 childhood hunger or food insecurity; 


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1 ‘‘(B) the geographic distribution of child2 hood hunger and food insecurity; 

3 ‘‘(C) the extent to which— 

4 ‘‘(i) existing Federal assistance pro5 grams, including the Internal Revenue 

6 Code of 1986, reduce childhood hunger 

7 and food insecurity; and 

8 ‘‘(ii) childhood hunger and food inse9 curity persist due to— 

10 ‘‘(I) gaps in program coverage; 

11 ‘‘(II) the inability of potential 

12 participants to access programs; or 

13 ‘‘(III) the insufficiency of pro14 gram benefits or services; 

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

16 childhood hunger and food insecurity; 

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

18 the Census Bureau measure of food insecurity 

19 underestimates childhood hunger and food inse20 curity because the Census Bureau excludes cer21 tain households, such as homeless, or other fac22 tors; 

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

24 child development, well-being, and educational 

25 attainment; and 


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

2 determined by the Secretary. 

3 ‘‘(5) FUNDING.— 

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

5 out of any funds in the Treasury not otherwise 

6 appropriated, the Secretary of the Treasury 

7 shall transfer to the Secretary to carry out this 

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

9 until expended. 

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 ‘‘(b) DEMONSTRATION PROJECTS TO END CHILD16 HOOD HUNGER.— 

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

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

19 person under the age of 18. 

20 ‘‘(B) SUPPLEMENTAL NUTRITION ASSIST21 ANCE PROGRAM.—The term ‘supplemental nu22 trition assistance program’ means the supple23 mental nutrition assistance program established 

24 under the Food and Nutrition Act of 2008 (7 

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


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1 ‘‘(2) PURPOSE.—Under such terms and condi2 tions as are established by the Secretary, the Sec3 retary shall carry out demonstration projects that 

4 test innovative strategies to end childhood hunger, 

5 including alternative models for service delivery and 

6 benefit levels that promote the reduction or elimi7 nation of childhood hunger and food insecurity. 

8 ‘‘(3) PROJECTS.—Demonstration projects car9 ried out under this subsection may include projects 

10 that— 

11 ‘‘(A) enhance benefits provided under the 

12 supplemental nutrition assistance program for 

13 eligible households with children; 

14 ‘‘(B) enhance benefits or provide for inno15 vative program delivery models in the school 

16 meals, afterschool snack, and child and adult 

17 care food programs under this Act and the 

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

19 seq.); and 

20 ‘‘(C) target Federal, State, or local assist21 ance, including emergency housing or family 

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1 thority establishing those assistance programs 

2 and services. 

3 ‘‘(4) GRANTS.— 

4 ‘‘(A) DEMONSTRATION PROJECTS.— 

5 ‘‘(i) IN GENERAL.—In carrying out 

6 this subsection, the Secretary may enter 

7 into competitively awarded contracts or co8 operative agreements with, or provide 

9 grants to, public or private organizations 

10 or agencies (as determined by the Sec11 retary), for use in accordance with dem12 onstration projects that meet the purposes 

13 of this subsection. 

14 ‘‘(ii) REQUIREMENT.—At least 1 dem15 onstration project funded under this sub16 section shall be carried out on an Indian 

17 reservation in a rural area with a service 

18 population with a prevalence of diabetes 

19 that exceeds 15 percent, as determined by 

20 the Director of the Indian Health Service. 

21 ‘‘(B) APPLICATION.—To be eligible to re22 ceive a contract, cooperative agreement, or 

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1 taining such information as the Secretary may 

2 require. 

3 ‘‘(C) SELECTION CRITERIA.—Demonstra4 tion projects shall be selected based on publicly 

5 disseminated criteria that may include— 

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

7 target group that reflects individuals expe8 riencing hunger or food insecurity; 

9 ‘‘(ii) a commitment to a demonstra10 tion project that allows for a rigorous out11 come evaluation as described in paragraph 

12 (6); 

13 ‘‘(iii) a focus on innovative strategies 

14 to reduce the risk of childhood hunger or 

15 provide a significant improvement to the 

16 food security status of households with 

17 children; and 

18 ‘‘(iv) such other criteria as are deter19 mined by the Secretary. 

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

21 range of projects and defining selection criteria 

22 under this subsection, the Secretary shall consult 

23 with— 

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

25 Services; 


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1 ‘‘(B) the Secretary of Labor; and 

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

3 Development. 

4 ‘‘(6) EVALUATION AND REPORTING.— 

5 ‘‘(A) INDEPENDENT EVALUATION.—The 

6 Secretary shall provide for an independent eval7 uation of each demonstration project carried 

8 out under this subsection that— 

9 ‘‘(i) measures the impact of each dem10 onstration project on appropriate participa11 tion, food security, nutrition, and associ12 ated behavioral outcomes among partici13 pating households; and 

14 ‘‘(ii) uses rigorous experimental de15 signs and methodologies, particularly ran16 dom assignment or other methods that are 

17 capable of producing scientifically valid in18 formation regarding which activities are ef19 fective in reducing the prevalence or pre20 venting the incidence of food insecurity 

21 and hunger in the community, especially 

22 among children. 

23 ‘‘(B) REPORTING.—Not later than Decem24 ber 31, 2013 and each December 31 thereafter 

25 until the date on which the last evaluation 


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1 under subparagraph (A) is completed, the Sec2 retary shall— 

3 ‘‘(i) submit to the Committee on Agri4 culture and the Committee on Education 

5 and Labor of the House of Representatives 

6 and the Committee on Agriculture, Nutri7 tion, and Forestry of the Senate a report 

8 that includes a description of— 

9 ‘‘(I) the status of each dem10 onstration project; and 

11 ‘‘(II) the results of any evalua12 tions of the demonstration projects 

13 completed during the previous fiscal 

14 year; and 

15 ‘‘(ii) ensure that the evaluation results 

16 are shared broadly to inform policy mak17 ers, service providers, other partners, and 

18 the public in order to promote the wide use 

19 of successful strategies. 

20 ‘‘(7) FUNDING.— 

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

22 out of any funds in the Treasury not otherwise 

23 appropriated, the Secretary of the Treasury 

24 shall transfer to the Secretary to carry out this 


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

2 until September 30, 2017. 

3 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

4 Secretary shall be entitled to receive, shall ac5 cept, and shall use to carry out this subsection 

6 the funds transferred under subparagraph (A), 

7 without further appropriation. 

8 ‘‘(C) USE OF FUNDS.— 

9 ‘‘(i) IN GENERAL.—Funds made avail10 able under subparagraph (A) may be used 

11 to carry out this subsection, including to 

12 pay Federal costs associated with devel13 oping, soliciting, awarding, monitoring, 

14 evaluating, and disseminating the results 

15 of each demonstration project under this 

16 subsection. 

17 ‘‘(ii) INDIAN RESERVATIONS.—Of 

18 amounts made available under subpara19 graph (A), the Secretary shall use a por20 tion of the amounts to carry out research 

21 relating to hunger, obesity and type 2 dia22 betes on Indian reservations, including re23 search to determine the manner in which 

24 Federal nutrition programs can help to 

25 overcome those problems. 


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

2 after the date of enactment of this section, 

3 the Secretary shall submit to the Com4 mittee on Agriculture of the House of Rep5 resentatives and the Committee on Agri6 culture, Nutrition, and Forestry of the 

7 Senate a report that— 

8 ‘‘(I) describes the manner in 

9 which Federal nutrition programs can 

10 help to overcome child hunger nutri11 tion problems on Indian reservations; 

12 and 

13 ‘‘(II) contains proposed adminis14 trative and legislative recommenda15 tions to strengthen and streamline all 

16 relevant Department of Agriculture 

17 nutrition programs to reduce child18 hood hunger, obesity, and type 2 dia19 betes on Indian reservations. 

20 ‘‘(D) LIMITATIONS.— 

21 ‘‘(i) DURATION.—No project may be 

22 funded under this subsection for more than 

23 5 years. 

24 ‘‘(ii) PROJECT REQUIREMENTS.—No 

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1 nates with the supplemental nutrition as2 sistance program may be funded under 

3 this subsection unless the project is fully 

4 consistent with the project requirements 

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

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

7 2026(b)(1)(B)). 

8 ‘‘(iii) HUNGER-FREE COMMUNITIES.— 

9 No project may be funded under this sub10 section that receives funding under section 

11 4405 of the Food, Conservation, and En12 ergy Act of 2008 (7 U.S.C. 7517). 

13 ‘‘(iv) OTHER BENEFITS.—Funds 

14 made available under this subsection may 

15 not be used for any project in a manner 

16 that is inconsistent with— 

17 ‘‘(I) this Act; 

18 ‘‘(II) the Child Nutrition Act of 

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

20 ‘‘(III) the Food and Nutrition 

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

22 or 

23 ‘‘(IV) the Emergency Food As24 sistance Act of 1983 (7 U.S.C. 7501 

25 et seq.).’’. 


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1 SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE 

2 GRANTS. 

3 The Richard B. Russell National School Lunch Act 

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

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

6 ‘‘SEC. 24. STATE CHILDHOOD HUNGER CHALLENGE 

7 GRANTS. 

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

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

10 under the age of 18. 

11 ‘‘(2) SUPPLEMENTAL NUTRITION ASSISTANCE

12 PROGRAM.—The term ‘supplemental nutrition assist13 ance program’ means the supplemental nutrition as14 sistance program established under the Food and 

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

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

17 are established by the Secretary, funds made available 

18 under this section may be used to competitively award 

19 grants to or enter into cooperative agreements with Gov20 ernors to carry out comprehensive and innovative strate21 gies to end childhood hunger, including alternative models 

22 for service delivery and benefit levels that promote the re23 duction or elimination of childhood hunger by 2015. 

24 ‘‘(c) PROJECTS.—State demonstration projects car25 ried out under this section may include projects that— 


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1 ‘‘(1) enhance benefits provided under the sup2 plemental nutrition assistance program for eligible 

3 households with children; 

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

5 program delivery models in the school meals, after6 school snack, and child and adult care food pro7 grams under this Act and the Child Nutrition Act 

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

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

10 including emergency housing, family preservation 

11 services, child care, or temporary assistance at 

12 households with children who are experiencing hun13 ger or food insecurity, to the extent permitted by the 

14 legal authority establishing those assistance pro15 grams and services; 

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

17 participation in Federal nutrition assistance pro18 grams; and 

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

20 and community resources and services aimed at pre21 venting food insecurity and hunger, including 

22 through the establishment and expansion of State 

23 food policy councils. 

24 ‘‘(d) GRANTS.— 


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1 ‘‘(1) IN GENERAL.—In carrying out this sec2 tion, the Secretary may competitively award grants 

3 or enter into competitively awarded cooperative 

4 agreements with Governors for use in accordance 

5 with demonstration projects that meet the purposes 

6 of this section. 

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

8 grant or cooperative agreement under this section, a 

9 Governor shall submit to the Secretary an applica10 tion at such time, in such manner, and containing 

11 such information as the Secretary may require. 

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

13 shall evaluate proposals based on publicly dissemi14 nated criteria that may include— 

15 ‘‘(A) an identification of a low-income tar16 get group that reflects individuals experiencing 

17 hunger or food insecurity; 

18 ‘‘(B) a commitment to approaches that 

19 allow for a rigorous outcome evaluation as de20 scribed in subsection (f); 

21 ‘‘(C) a comprehensive and innovative strat22 egy to reduce the risk of childhood hunger or 

23 provide a significant improvement to the food 

24 security status of households with children; and 


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

2 by the Secretary. 

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

4 under this section shall provide for— 

5 ‘‘(A) a baseline assessment, and subse6 quent annual assessments, of the prevalence 

7 and severity of very low food security among 

8 children in the State, based on a methodology 

9 prescribed by the Secretary; 

10 ‘‘(B) a collaborative planning process in11 cluding key stakeholders in the State that re12 sults in a comprehensive agenda to eliminate 

13 childhood hunger that is— 

14 ‘‘(i) described in a detailed project 

15 plan; and 

16 ‘‘(ii) provided to the Secretary for ap17 proval; 

18 ‘‘(C) an annual budget; 

19 ‘‘(D) specific performance goals, including 

20 the goal to sharply reduce or eliminate food in21 security among children in the State by 2015, 

22 as determined through a methodology pre23 scribed by the Secretary and carried out by the 

24 Governor; and 


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1 ‘‘(E) an independent outcome evaluation of 

2 not less than 1 major strategy of the project 

3 that measures— 

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

5 on food insecurity among children in the 

6 State; and 

7 ‘‘(ii) if applicable, the nutrition assist8 ance participation rate among children in 

9 the State. 

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

11 projects and defining selection criteria under this section, 

12 the Secretary shall consult with— 

13 ‘‘(1) the Secretary of Health and Human Serv14 ices; 

15 ‘‘(2) the Secretary of Labor; 

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

17 ‘‘(4) the Secretary of Housing and Urban De18 velopment. 

19 ‘‘(f) EVALUATION AND REPORTING.— 

20 ‘‘(1) GENERAL PERFORMANCE ASSESSMENT.— 

21 Each project authorized under this section shall re22 quire an independent assessment that— 

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

24 carried out under the project on the level of 

25 food insecurity in the State that— 


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

2 food insecurity among children in the 

3 State; and 

4 ‘‘(ii) includes a preimplementation 

5 baseline and annual measurements taken 

6 during the project of the level of food inse7 curity in the State; and 

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

9 prescribed by the Secretary. 

10 ‘‘(2) INDEPENDENT EVALUATION.—Each 

11 project authorized under this section shall provide 

12 for an independent evaluation of not less than 1 

13 major strategy that— 

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

15 on appropriate participation, food security, nu16 trition, and associated behavioral outcomes 

17 among participating households; and 

18 ‘‘(B) uses rigorous experimental designs 

19 and methodologies, particularly random assign20 ment or other methods that are capable of pro21 ducing scientifically valid information regarding 

22 which activities are effective in reducing the 

23 prevalence or preventing the incidence of food 

24 insecurity and hunger in the community, espe25 cially among children. 


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

2 31, 2011 and each December 31 thereafter until the 

3 date on which the last evaluation under paragraph 

4 (1) is completed, the Secretary shall— 

5 ‘‘(A) submit to the Committee on Agri6 culture and the Committee on Education and 

7 Labor of the House of Representatives and the 

8 Committee on Agriculture, Nutrition, and For9 estry of the Senate a report that includes a de10 scription of— 

11 ‘‘(i) the status of each State dem12 onstration project; and 

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

14 the demonstration projects completed dur15 ing the previous fiscal year; and 

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

17 shared broadly to inform policy makers, service 

18 providers, other partners, and the public in 

19 order to promote the wide use of successful 

20 strategies. 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

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

23 appropriated to carry out this section such sums as 

24 are necessary for each of fiscal years 2011 through 

25 2014, to remain available until expended. 


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

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

3 section, including to pay Federal costs associated 

4 with developing, soliciting, awarding, monitoring, 

5 evaluating, and disseminating the results of each 

6 demonstration project under this section. 

7 ‘‘(3) LIMITATIONS.— 

8 ‘‘(A) DURATION.—No project may be 

9 funded under this section for more than 5 

10 years. 

11 ‘‘(B) PERFORMANCE BASIS.—Funds pro12 vided under this section shall be made available 

13 to each Governor on an annual basis, with the 

14 amount of funds provided for each year contin15 gent on the satisfactory implementation of the 

16 project plan and progress towards the perform17 ance goals defined in the project year plan. 

18 ‘‘(C) ALTERING NUTRITION ASSISTANCE

19 PROGRAM REQUIREMENTS.—No project that 

20 makes use of, alters, or coordinates with the 

21 supplemental nutrition assistance program may 

22 be funded under this section unless the project 

23 is fully consistent with the project requirements 

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


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

2 2026(b)(1)(B)). 

3 ‘‘(D) OTHER BENEFITS.—Funds made 

4 available under this section may not be used for 

5 any project in a manner that is inconsistent 

6 with— 

7 ‘‘(i) this Act; 

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

9 (42 U.S.C. 1771 et seq.); 

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

11 2008 (7 U.S.C. 2011 et seq.); or 

12 ‘‘(iv) the Emergency Food Assistance 

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

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

15 AND PROVISION OF ALTERNATE MEALS. 

16 (a) IN GENERAL.— 

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

18 with States and participating local educational agen19 cies, shall examine the current policies and practices 

20 of States and local educational agencies regarding 

21 extending credit to children to pay the cost to the 

22 children of reimbursable school lunches and break23 fasts. 

24 (2) SCOPE.—The examination under paragraph 

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


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

2 providing to children who are without funds a meal 

3 other than the reimbursable meals. 

4 (3) FEASIBILITY.—In carrying out the exam5 ination under paragraph (1), the Secretary shall— 

6 (A) prepare a report on the feasibility of 

7 establishing national standards for meal 

8 charges and the provision of alternate meals; 

9 and 

10 (B) provide recommendations for imple11 menting those standards. 

12 (b) FOLLOWUP ACTIONS.— 

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

14 recommendations under subsection (a), the Sec15 retary may— 

16 (A) implement standards described in 

17 paragraph (3) of that subsection through regu18 lation; 

19 (B) test recommendations through dem20 onstration projects; or 

21 (C) study further the feasibility of rec22 ommendations. 

23 (2) FACTORS FOR CONSIDERATION.—In deter24 mining how best to implement recommendations deVerDate Mar 15 2010 21:03 Aug 10, 2010 Jkt 089200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S3307.RFH S3307

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1 scribed in subsection (a)(3), the Secretary shall con2 sider such factors as— 

3 (A) the impact of overt identification on 

4 children; 

5 (B) the manner in which the affected 

6 households will be provided with assistance in 

7 establishing eligibility for free or reduced price 

8 school meals; and 

9 (C) the potential financial impact on local 

10 educational agencies. 

11 TITLE II—REDUCING CHILD12 HOOD OBESITY AND IMPROV13 ING THE DIETS OF CHILDREN 

14 Subtitle A—National School Lunch 

15 Program 

16 SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE 

17 INCREASES FOR NEW MEAL PATTERNS. 

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

19 School Lunch Act (42 U.S.C. 1753(b)) is amended by add20 ing at the end the following: 

21 ‘‘(3) ADDITIONAL REIMBURSEMENT.— 

22 ‘‘(A) REGULATIONS.— 

23 ‘‘(i) PROPOSED REGULATIONS.—Not24 withstanding section 9(f), not later than 

25 18 months after the date of enactment of 


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1 this paragraph, the Secretary shall promul2 gate proposed regulations to update the 

3 meal patterns and nutrition standards for 

4 the school lunch program authorized under 

5 this Act and the school breakfast program 

6 established by section 4 of the Child Nutri7 tion Act of 1966 (42 U.S.C. 1773) based 

8 on recommendations made by the Food 

9 and Nutrition Board of the National Re10 search Council of the National Academy of 

11 Sciences. 

12 ‘‘(ii) INTERIM OR FINAL REGULA13 TIONS.— 

14 ‘‘(I) IN GENERAL.—Not later 

15 than 18 months after promulgation of 

16 the proposed regulations under clause 

17 (i), the Secretary shall promulgate in18 terim or final regulations. 

19 ‘‘(II) DATE OF REQUIRED COM20 PLIANCE.—The Secretary shall estab21 lish in the interim or final regulations 

22 a date by which all school food au23 thorities participating in the school 

24 lunch program authorized under this 

25 Act and the school breakfast program 


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1 established by section 4 of the Child 

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

3 1773) are required to comply with the 

4 meal pattern and nutrition standards 

5 established in the interim or final reg6 ulations. 

7 ‘‘(iii) REPORT TO CONGRESS.—Not 

8 later than 90 days after the date of enact9 ment of this paragraph, and each 90 days 

10 thereafter until the Secretary has promul11 gated interim or final regulations under 

12 clause (ii), the Secretary shall submit to 

13 the Committee on Education and Labor of 

14 the House of Representatives and the 

15 Committee on Agriculture, Nutrition, and 

16 Forestry of the Senate a quarterly report 

17 on progress made toward promulgation of 

18 the regulations described in this subpara19 graph. 

20 ‘‘(B) PERFORMANCE-BASED REIMBURSE21 MENT RATE INCREASE.—Beginning on the later 

22 of the date of promulgation of the implementing 

23 regulations described in subparagraph (A)(ii), 

24 the date of enactment of this paragraph, or Oc25 tober 1, 2012, the Secretary shall provide addiVerDate Mar 15 2010 21:03 Aug 10, 2010 Jkt 089200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S3307.RFH S3307

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1 tional reimbursement for each lunch served in 

2 school food authorities determined to be eligible 

3 under subparagraph (D). 

4 ‘‘(C) ADDITIONAL REIMBURSEMENT.— 

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

6 in school food authorities determined to be 

7 eligible under subparagraph (D) shall re8 ceive an additional 6 cents, adjusted in ac9 cordance with section 11(a)(3), to the na10 tional lunch average payment for each 

11 lunch served. 

12 ‘‘(ii) DISBURSEMENT.—The State 

13 agency shall disburse funds made available 

14 under this paragraph to school food au15 thorities eligible to receive additional reim16 bursement. 

17 ‘‘(D) ELIGIBLE SCHOOL FOOD AUTHOR18 ITY.—To be eligible to receive an additional re19 imbursement described in this paragraph, a 

20 school food authority shall be certified by the 

21 State to be in compliance with the interim or 

22 final regulations described in subparagraph 

23 (A)(ii). 

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

25 the later of the date described in subparagraph 


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1 (A)(ii)(II), the date of enactment of this para2 graph, or October 1, 2012, school food authori3 ties found to be out of compliance with the 

4 meal patterns or nutrition standards established 

5 by the implementing regulations shall not re6 ceive the additional reimbursement for each 

7 lunch served described in this paragraph. 

8 ‘‘(F) ADMINISTRATIVE COSTS.— 

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

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

11 funds available to States for State activi12 ties related to training, technical assist13 ance, certification, and oversight activities 

14 of this paragraph. 

15 ‘‘(ii) PROVISION OF FUNDS.—The 

16 Secretary shall provide funds described in 

17 clause (i) to States administering a school 

18 lunch program in a manner proportional to 

19 the administrative expense allocation of 

20 each State during the preceding fiscal 

21 year. 

22 ‘‘(iii) FUNDING.— 

23 ‘‘(I) IN GENERAL.—In the later 

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1 paragraph (A)(ii) are promulgated or 

2 the fiscal year in which this para3 graph is enacted, and in the subse4 quent fiscal year, the Secretary shall 

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

6 funds made available under section 3 

7 to make payments to States described 

8 in clause (i). 

9 ‘‘(II) RESERVATION.—In pro10 viding funds to States under clause 

11 (i), the Secretary may reserve not 

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

13 to support Federal administrative ac14 tivities to carry out this paragraph.’’. 

15 SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK. 

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

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

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

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

20 fluid milk. Such milk shall be consistent 

21 with the most recent Dietary Guidelines 

22 for Americans published under section 301 

23 of the National Nutrition Monitoring and 

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

25 5341);’’. 


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1 SEC. 203. WATER. 

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

3 School Lunch Act (42 U.S.C. 1758(a)) is amended by add4 ing at the end the following: 

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

6 school lunch program under this Act shall make 

7 available to children free of charge, as nutritionally 

8 appropriate, potable water for consumption in the 

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

10 SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTA11 TION. 

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

13 School Lunch Act is amended by inserting after section 

14 9 (42 U.S.C. 1758) the following: 

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

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

17 participating in a program authorized by this Act or the 

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

19 establish a local school wellness policy for all schools under 

20 the jurisdiction of the local educational agency. 

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

22 regulations that provide the framework and guidelines for 

23 local educational agencies to establish local school wellness 

24 policies, including, at a minimum,— 


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1 ‘‘(1) goals for nutrition promotion and edu2 cation, physical activity, and other school-based ac3 tivities that promote student wellness; 

4 ‘‘(2) for all foods available on each school cam5 pus under the jurisdiction of the local educational 

6 agency during the school day, nutrition guidelines 

7 that— 

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

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

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

11 and 

12 ‘‘(B) promote student health and reduce 

13 childhood obesity; 

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

15 agency permit parents, students, representatives of 

16 the school food authority, teachers of physical edu17 cation, school health professionals, the school board, 

18 school administrators, and the general public to par19 ticipate in the development, implementation, and 

20 periodic review and update of the local school 

21 wellness policy; 

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

23 agency inform and update the public (including par24 ents, students, and others in the community) about 


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1 the content and implementation of the local school 

2 wellness policy; and 

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

4 agency— 

5 ‘‘(A) periodically measure and make avail6 able to the public an assessment on the imple7 mentation of the local school wellness policy, in8 cluding— 

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

10 the jurisdiction of the local educational 

11 agency are in compliance with the local 

12 school wellness policy; 

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

14 school wellness policy of the local edu15 cational agency compares to model local 

16 school wellness policies; and 

17 ‘‘(iii) a description of the progress 

18 made in attaining the goals of the local 

19 school wellness policy; and 

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

21 agency officials or school officials, as appro22 priate, to ensure that each school complies with 

23 the local school wellness policy. 

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

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1 retary under subsection (b) to determine specific policies 

2 appropriate for the schools under the jurisdiction of the 

3 local educational agency. 

4 ‘‘(d) TECHNICAL ASSISTANCE AND BEST PRAC5 TICES.— 

6 ‘‘(1) IN GENERAL.—The Secretary, in consulta7 tion with the Secretary of Education and the Sec8 retary of Health and Human Services, acting 

9 through the Centers for Disease Control and Preven10 tion, shall provide information and technical assist11 ance to local educational agencies, school food au12 thorities, and State educational agencies for use in 

13 establishing healthy school environments that are in14 tended to promote student health and wellness. 

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

16 technical assistance that— 

17 ‘‘(A) includes resources and training on de18 signing, implementing, promoting, dissemi19 nating, and evaluating local school wellness 

20 policies and overcoming barriers to the adoption 

21 of local school wellness policies; 

22 ‘‘(B) includes model local school wellness 

23 policies and best practices recommended by 

24 Federal agencies, State agencies, and non25 governmental organizations; 


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1 ‘‘(C) includes such other technical assist2 ance as is required to promote sound nutrition 

3 and establish healthy school nutrition environ4 ments; and 

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

6 and requirements of local educational agencies. 

7 ‘‘(3) STUDY AND REPORT.— 

8 ‘‘(A) IN GENERAL.—Subject to the avail9 ability of appropriations, the Secretary, in con10 junction with the Director of the Centers for 

11 Disease Control and Prevention, shall prepare a 

12 report on the implementation, strength, and ef13 fectiveness of the local school wellness policies 

14 carried out in accordance with this section. 

15 ‘‘(B) STUDY OF LOCAL SCHOOL WELLNESS

16 POLICIES.—The study described in subpara17 graph (A) shall include—— 

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

19 weaknesses of local school wellness policies 

20 and how the policies compare with model 

21 local wellness policies recommended under 

22 paragraph (2)(B); and 

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

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1 dressing the requirements of subsection 

2 (b). 

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

4 2014, the Secretary shall submit to the Com5 mittee on Education and Labor of the House of 

6 Representatives and the Committee on Agri7 culture, Nutrition, and Forestry of the Senate 

8 a report that describes the findings of the 

9 study. 

10 ‘‘(D) AUTHORIZATION OF APPROPRIA11 TIONS.—There are authorized to be appro12 priated to carry out this paragraph $3,000,000 

13 for fiscal year 2011, to remain available until 

14 expended.’’. 

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

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

17 Public Law 108–265) is repealed. 

18 SEC. 205. EQUITY IN SCHOOL LUNCH PRICING. 

19 Section 12 of the Richard B. Russell National School 

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

21 end the following: 

22 ‘‘(p) PRICE FOR A PAID LUNCH.— 

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

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1 able lunch served to students who are not certified 

2 to receive free or reduced price meals. 

3 ‘‘(2) REQUIREMENT.— 

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

5 beginning July 1, 2011, each school food au6 thority shall establish a price for paid lunches 

7 in accordance with this subsection. 

8 ‘‘(B) LOWER PRICE.— 

9 ‘‘(i) IN GENERAL.—In the case of a 

10 school food authority that established a 

11 price for a paid lunch in the previous 

12 school year that was less than the dif13 ference between the total Federal reim14 bursement for a free lunch and the total 

15 Federal reimbursement for a paid lunch, 

16 the school food authority shall establish an 

17 average price for a paid lunch that is not 

18 less than the price charged in the previous 

19 school year, as adjusted by a percentage 

20 equal to the sum obtained by adding— 

21 ‘‘(I) 2 percent; and 

22 ‘‘(II) the percentage change in 

23 the Consumer Price Index for All 

24 Urban Consumers (food away from 

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1 eral reimbursement rate under section 

2 11 for the most recent school year for 

3 which data are available, as published 

4 in the Federal Register. 

5 ‘‘(ii) ROUNDING.—A school food au6 thority may round the adjusted price for a 

7 paid lunch under clause (i) down to the 

8 nearest 5 cents. 

9 ‘‘(iii) MAXIMUM REQUIRED PRICE IN10 CREASE.— 

11 ‘‘(I) IN GENERAL.—The max12 imum annual average price increase 

13 required to meet the requirements of 

14 this subparagraph shall not exceed 10 

15 cents for any school food authority. 

16 ‘‘(II) DISCRETIONARY IN17 CREASE.—A school food authority 

18 may increase the average price for a 

19 paid lunch for a school year by more 

20 than 10 cents. 

21 ‘‘(C) EQUAL OR GREATER PRICE.— 

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

23 school food authority that established an 

24 average price for a paid lunch in the pre25 vious school year that was equal to or 


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1 greater than the difference between the 

2 total Federal reimbursement for a free 

3 lunch and the total Federal reimbursement 

4 for a paid lunch, the school food authority 

5 shall establish an average price for a paid 

6 lunch that is not less than the difference 

7 between the total Federal reimbursement 

8 for a free lunch and the total Federal re9 imbursement for a paid lunch. 

10 ‘‘(ii) ROUNDING.—A school food au11 thority may round the adjusted price for a 

12 paid lunch under clause (i) down to the 

13 nearest 5 cents. 

14 ‘‘(3) EXCEPTIONS.— 

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

16 authority may reduce the average price of a 

17 paid lunch established under this subsection if 

18 the State agency ensures that funding from 

19 non-Federal sources (other than in-kind con20 tributions) is added to the nonprofit school food 

21 service account of the school food authority in 

22 an amount estimated to be equal to at least the 

23 difference between— 


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

2 school food authority for the paid lunches 

3 under paragraph (2); and 

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

5 school food authority for the paid lunches. 

6 ‘‘(B) NON-FEDERAL SOURCES.—For the 

7 purposes of subparagraph (A), non-Federal 

8 sources does not include revenue from the sale 

9 of foods sold in competition with meals served 

10 under the school lunch program authorized 

11 under this Act or the school breakfast program 

12 established by section 4 of the Child Nutrition 

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

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

15 shall not apply to lunches provided under sec16 tion 17 of this Act. 

17 ‘‘(4) REGULATIONS.—The Secretary shall es18 tablish procedures to carry out this subsection, in19 cluding collecting and publishing the prices that 

20 school food authorities charge for paid meals on an 

21 annual basis and procedures that allow school food 

22 authorities to average the pricing of paid lunches at 

23 schools throughout the jurisdiction of the school food 

24 authority.’’. 


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1 SEC. 206. REVENUE FROM NONPROGRAM FOODS SOLD IN 

2 SCHOOLS. 

3 Section 12 of the Richard B. Russell National School 

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

5 is amended by adding at the end the following: 

6 ‘‘(q) NONPROGRAM FOOD SALES.— 

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

8 this subsection: 

9 ‘‘(A) IN GENERAL.—The term ‘nonpro10 gram food’ means food that is— 

11 ‘‘(i) sold in a participating school 

12 other than a reimbursable meal provided 

13 under this Act or the Child Nutrition Act 

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

15 ‘‘(ii) purchased using funds from the 

16 nonprofit school food service account of the 

17 school food authority of the school. 

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

19 food’ includes food that is sold in competition 

20 with a program established under this Act or 

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

22 1771 et seq.). 

23 ‘‘(2) REVENUES.— 

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

25 total school food service revenue provided by the 

26 sale of nonprogram foods to the total revenue 


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1 of the school food service account shall be equal 

2 to or greater than the proportion of total food 

3 costs associated with obtaining nonprogram 

4 foods to the total costs associated with obtain5 ing program and nonprogram foods from the 

6 account. 

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

8 of nonprogram foods shall accrue to the non9 profit school food service account of a partici10 pating school food authority. 

11 ‘‘(C) EFFECTIVE DATE.—This subsection 

12 shall be effective beginning on July 1, 2011.’’. 

13 SEC. 207. REPORTING AND NOTIFICATION OF SCHOOL PER14 FORMANCE. 

15 Section 22 of the Richard B. Russell National School 

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

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

18 following: 

19 ‘‘(a) UNIFIED ACCOUNTABILITY SYSTEM.— 

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

21 system prescribed and administered by the Secretary 

22 to ensure that local food service authorities partici23 pating in the school lunch program established 

24 under this Act and the school breakfast program es25 tablished by section 4 of the Child Nutrition Act of 


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1 1966 (42 U.S.C. 1773) comply with those Acts, in2 cluding compliance with— 

3 ‘‘(A) the nutritional requirements of sec4 tion 9(f) of this Act for school lunches; and 

5 ‘‘(B) as applicable, the nutritional require6 ments for school breakfasts under section 

7 4(e)(1) of the Child Nutrition Act of 1966 (42 

8 U.S.C. 1773(e)(1)).’’; and 

9 (2) in subsection (b)(1), by striking subpara10 graphs (A) and (B) and inserting the following: 

11 ‘‘(A) require that local food service au12 thorities comply with the nutritional require13 ments described in subparagraphs (A) and (B) 

14 of paragraph (1); 

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

16 ensure compliance through reasonable audits 

17 and supervisory assistance reviews; 

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

19 the purpose of determining compliance with this 

20 Act, including the nutritional requirements of 

21 section 9(f)— 

22 ‘‘(i) conduct audits and reviews dur23 ing a 3-year cycle or other period pre24 scribed by the Secretary; 


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

2 local educational agency using criteria es3 tablished by the Secretary; 

4 ‘‘(iii) report the final results of the re5 views to the public in the State in an ac6 cessible, easily understood manner in ac7 cordance with guidelines promulgated by 

8 the Secretary; and 

9 ‘‘(iv) submit to the Secretary each 

10 year a report containing the results of the 

11 reviews in accordance with procedures de12 veloped by the Secretary; and 

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

14 is reviewed under this section, ensure that the 

15 final results of the review by the State edu16 cational agency are posted and otherwise made 

17 available to the public on request in an acces18 sible, easily understood manner in accordance 

19 with guidelines promulgated by the Secretary.’’. 

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

21 SCHOOL. 

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

23 U.S.C. 1779) is amended— 


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

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

3 the following: 

4 ‘‘SEC. 10. REGULATIONS. 

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

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

7 following: 

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

9 ‘‘(1) PROPOSED REGULATIONS.— 

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

11 ‘‘(i) establish science-based nutrition 

12 standards for foods sold in schools other 

13 than foods provided under this Act and the 

14 Richard B. Russell National School Lunch 

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

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

17 date of enactment of this paragraph, pro18 mulgate proposed regulations to carry out 

19 clause (i). 

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

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

23 ‘‘(ii) on the school campus; and 

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

25 day. 


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1 ‘‘(C) REQUIREMENTS.—In establishing nu2 trition standards under this paragraph, the Sec3 retary shall— 

4 ‘‘(i) establish standards that are con5 sistent with the most recent Dietary 

6 Guidelines for Americans published under 

7 section 301 of the National Nutrition Mon8 itoring and Related Research Act of 1990 

9 (7 U.S.C. 5341), including the food groups 

10 to encourage and nutrients of concern 

11 identified in the Dietary Guidelines; and 

12 ‘‘(ii) consider— 

13 ‘‘(I) authoritative scientific rec14 ommendations for nutrition standards; 

15 ‘‘(II) existing school nutrition 

16 standards, including voluntary stand17 ards for beverages and snack foods 

18 and State and local standards; 

19 ‘‘(III) the practical application of 

20 the nutrition standards; and 

21 ‘‘(IV) special exemptions for 

22 school-sponsored fundraisers (other 

23 than fundraising through vending ma24 chines, school stores, snack bars, a la 

25 carte sales, and any other exclusions 


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1 determined by the Secretary), if the 

2 fundraisers are approved by the school 

3 and are infrequent within the school. 

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

5 practicable after the date of publication by the 

6 Department of Agriculture and the Department 

7 of Health and Human Services of a new edition 

8 of the Dietary Guidelines for Americans under 

9 section 301 of the National Nutrition Moni10 toring and Related Research Act of 1990 (7 

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

12 update as necessary the school nutrition stand13 ards and requirements established under this 

14 subsection. 

15 ‘‘(2) IMPLEMENTATION.— 

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

17 final regulations under this subsection shall 

18 take effect at the beginning of the school year 

19 that is not earlier than 1 year and not later 

20 than 2 years following the date on which the 

21 regulations are finalized. 

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

23 submit to the Committee on Agriculture, Nutri24 tion, and Forestry of the Senate and the Com25 mittee on Education and Labor of the House of 


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1 Representatives a quarterly report that de2 scribes progress made toward promulgating 

3 final regulations under this subsection.’’. 

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

5 NUTRITION ENVIRONMENT. 

6 Section 9 of the Richard B. Russell National School 

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

8 end the following: 

9 ‘‘(k) INFORMATION ON THE SCHOOL NUTRITION EN10 VIRONMENT.— 

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

12 ‘‘(A) establish requirements for local edu13 cational agencies participating in the school 

14 lunch program under this Act and the school 

15 breakfast program established by section 4 of 

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

17 1773) to report information about the school 

18 nutrition environment, for all schools under the 

19 jurisdiction of the local educational agencies, to 

20 the Secretary and to the public in the State on 

21 a periodic basis; and 

22 ‘‘(B) provide training and technical assist23 ance to States and local educational agencies on 

24 the assessment and reporting of the school nu25 trition environment, including the use of any 


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1 assessment materials developed by the Sec2 retary. 

3 ‘‘(2) REQUIREMENTS.—In establishing the re4 quirements for reporting on the school nutrition en5 vironment under paragraph (1), the Secretary 

6 shall— 

7 ‘‘(A) include information pertaining to food 

8 safety inspections, local wellness policies, meal 

9 program participation, the nutritional quality of 

10 program meals, and other information as deter11 mined by the Secretary; and 

12 ‘‘(B) ensure that information is made 

13 available to the public by local educational 

14 agencies in an accessible, easily understood 

15 manner in accordance with guidelines estab16 lished by the Secretary. 

17 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated to carry out 

19 this subsection such sums as are necessary for each 

20 of fiscal years 2011 through 2015.’’. 

21 SEC. 210. ORGANIC FOOD PILOT PROGRAM. 

22 Section 18 of the Richard B. Russell National School 

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

24 end the following: 

25 ‘‘(j) ORGANIC FOOD PILOT PROGRAM.— 


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1 ‘‘(1) ESTABLISHMENT.—The Secretary shall es2 tablish an organic food pilot program (referred to in 

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

4 the Secretary shall provide grants on a competitive 

5 basis to school food authorities selected under para6 graph (3). 

7 ‘‘(2) USE OF FUNDS.— 

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

9 use funds provided under this section— 

10 ‘‘(i) to enter into competitively award11 ed contracts or cooperative agreements 

12 with school food authorities selected under 

13 paragraph (3); or 

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

15 authority applicants selected under para16 graph (3). 

17 ‘‘(B) SCHOOL FOOD AUTHORITY USES OF

18 FUNDS.—A school food authority that receives 

19 a grant under this section shall use the grant 

20 funds to establish a pilot program that in21 creases the quantity of organic foods provided 

22 to schoolchildren under the school lunch pro23 gram established under this Act. 

24 ‘‘(3) APPLICATION.— 


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1 ‘‘(A) IN GENERAL.—A school food author2 ity seeking a contract, grant, or cooperative 

3 agreement under this subsection shall submit to 

4 the Secretary an application in such form, con5 taining such information, and at such time as 

6 the Secretary shall prescribe. 

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

8 grant, or cooperative agreement recipients, the 

9 Secretary shall consider— 

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

11 section 673(2) of the Community Services 

12 Block Grant Act (42 U.S.C. 9902(2), in13 cluding any revision required by that sec14 tion)) applicable to a family of the size in15 volved of the households in the district 

16 served by the school food authority, giving 

17 preference to school food authority appli18 cants in which not less than 50 percent of 

19 the households in the district are at or 

20 below the Federal poverty line; 

21 ‘‘(ii) the commitment of each school 

22 food authority applicant— 

23 ‘‘(I) to improve the nutritional 

24 value of school meals; 


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1 ‘‘(II) to carry out innovative pro2 grams that improve the health and 

3 wellness of schoolchildren; and 

4 ‘‘(III) to evaluate the outcome of 

5 the pilot program; and 

6 ‘‘(iii) any other criteria the Secretary 

7 determines to be appropriate. 

8 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to carry out 

10 this subsection $10,000,000 for fiscal years 2011 

11 through 2015.’’. 

12 Subtitle B—Child and Adult Care 

13 Food Program 

14 SEC. 221. NUTRITION AND WELLNESS GOALS FOR MEALS 

15 SERVED THROUGH THE CHILD AND ADULT 

16 CARE FOOD PROGRAM. 

17 Section 17 of the Richard B. Russell National School 

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

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

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

21 paragraph (1) and inserting the following: 

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

23 INSTITUTION ELIGIBILITY.— 

24 ‘‘(1) IN GENERAL.— 

25 ‘‘(A) PROGRAM PURPOSE.— 


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1 ‘‘(i) FINDINGS.—Congress finds 

2 that— 

3 ‘‘(I) eating habits and other 

4 wellness-related behavior habits are 

5 established early in life; and 

6 ‘‘(II) good nutrition and wellness 

7 are important contributors to the 

8 overall health of young children and 

9 essential to cognitive development. 

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

11 program authorized by this section is to 

12 provide aid to child and adult care institu13 tions and family or group day care homes 

14 for the provision of nutritious foods that 

15 contribute to the wellness, healthy growth, 

16 and development of young children, and 

17 the health and wellness of older adults and 

18 chronically impaired disabled persons. 

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

20 may carry out a program to assist States 

21 through grants-in-aid and other means to ini22 tiate and maintain nonprofit food service pro23 grams for children in institutions providing 

24 child care.’’; 


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

2 following: 

3 ‘‘(g) NUTRITIONAL REQUIREMENTS FOR MEALS AND

4 SNACKS SERVED IN INSTITUTIONS AND FAMILY OR

5 GROUP DAY CARE HOMES.— 

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

7 In this subsection, the term ‘Dietary Guidelines’ 

8 means the Dietary Guidelines for Americans pub9 lished under section 301 of the National Nutrition 

10 Monitoring and Related Research Act of 1990 (7 

11 U.S.C. 5341). 

12 ‘‘(2) NUTRITIONAL REQUIREMENTS.— 

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

14 subparagraph (C), reimbursable meals and 

15 snacks served by institutions, family or group 

16 day care homes, and sponsored centers partici17 pating in the program under this section shall 

18 consist of a combination of foods that meet 

19 minimum nutritional requirements prescribed 

20 by the Secretary on the basis of tested nutri21 tional research. 

22 ‘‘(B) CONFORMITY WITH THE DIETARY

23 GUIDELINES AND AUTHORITATIVE SCIENCE.— 

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1 retary shall review and, as appropriate, up2 date requirements for meals served under 

3 the program under this section to ensure 

4 that the meals— 

5 ‘‘(I) are consistent with the goals 

6 of the most recent Dietary Guidelines; 

7 and 

8 ‘‘(II) promote the health of the 

9 population served by the program au10 thorized under this section, as indi11 cated by the most recent relevant nu12 trition science and appropriate au13 thoritative scientific agency and orga14 nization recommendations. 

15 ‘‘(ii) COST REVIEW.—The review re16 quired under clause (i) shall include a re17 view of the cost to child care centers and 

18 group or family day care homes resulting 

19 from updated requirements for meals and 

20 snacks served under the program under 

21 this section. 

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

23 18 months after the completion of the re24 view of the meal pattern under clause (i), 

25 the Secretary shall promulgate proposed 


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1 regulations to update the meal patterns for 

2 meals and snacks served under the pro3 gram under this section. 

4 ‘‘(C) EXCEPTIONS.— 

5 ‘‘(i) SPECIAL DIETARY NEEDS.—The 

6 minimum nutritional requirements pre7 scribed under subparagraph (A) shall not 

8 prohibit institutions, family or group day 

9 care homes, and sponsored centers from 

10 substituting foods to accommodate the 

11 medical or other special dietary needs of 

12 individual participants. 

13 ‘‘(ii) EXEMPT INSTITUTIONS.—The 

14 Secretary may elect to waive all or part of 

15 the requirements of this subsection for 

16 emergency shelters participating in the 

17 program under this section. 

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

19 group day care homes, and sponsored centers shall 

20 ensure that reimbursable meal service contributes to 

21 the development and socialization of enrolled chil22 dren by providing that food is not used as a punish23 ment or reward. 

24 ‘‘(4) FLUID MILK.— 


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1 ‘‘(A) IN GENERAL.—If an institution, fam2 ily or group day care home, or sponsored center 

3 provides fluid milk as part of a reimbursable 

4 meal or supplement, the institution, family or 

5 group day care home, or sponsored center shall 

6 provide the milk in accordance with the most 

7 recent version of the Dietary Guidelines. 

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

9 children who cannot consume fluid milk due to 

10 medical or other special dietary needs other 

11 than a disability, an institution, family or group 

12 day care home, or sponsored center may sub13 stitute for the fluid milk required in meals 

14 served, a nondairy beverage that— 

15 ‘‘(i) is nutritionally equivalent to fluid 

16 milk; and 

17 ‘‘(ii) meets nutritional standards es18 tablished by the Secretary, including, 

19 among other requirements established by 

20 the Secretary, fortification of calcium, pro21 tein, vitamin A, and vitamin D to levels 

22 found in cow’s milk. 

23 ‘‘(C) APPROVAL.— 


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1 ‘‘(i) IN GENERAL.—A substitution au2 thorized under subparagraph (B) may be 

3 made— 

4 ‘‘(I) at the discretion of and on 

5 approval by the participating day care 

6 institution; and 

7 ‘‘(II) if the substitution is re8 quested by written statement of a 

9 medical authority, or by the parent or 

10 legal guardian of the child, that iden11 tifies the medical or other special die12 tary need that restricts the diet of the 

13 child. 

14 ‘‘(ii) EXCEPTION.—An institution, 

15 family or group day care home, or spon16 sored center that elects to make a substi17 tution authorized under this paragraph 

18 shall not be required to provide beverages 

19 other than beverages the State has identi20 fied as acceptable substitutes. 

21 ‘‘(D) EXCESS EXPENSES BORNE BY INSTI22 TUTION.—A participating institution, family or 

23 group day care home, or sponsored center shall 

24 be responsible for any expenses that— 


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

2 family or group day care home, or spon3 sored center to provide substitutions under 

4 this paragraph; and 

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

6 under reimbursements under this Act. 

7 ‘‘(5) NONDISCRIMINATION POLICY.—No phys8 ical segregation or other discrimination against any 

9 person shall be made because of the inability of the 

10 person to pay, nor shall there be any overt identi11 fication of any such person by special tokens or tick12 ets, different meals or meal service, announced or 

13 published lists of names, or other means. 

14 ‘‘(6) USE OF ABUNDANT AND DONATED

15 FOODS.—To the maximum extent practicable, each 

16 institution shall use in its food service foods that 

17 are— 

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

19 Secretary as being in abundance, either nation20 ally or in the food service area; or 

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

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

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

24 CARE.— 


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1 ‘‘(1) PHYSICAL ACTIVITY AND ELECTRONIC

2 MEDIA USE.—The Secretary shall encourage partici3 pating child care centers and family or group day 

4 care homes— 

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

6 supervision of the participating child care cen7 ters and family or group day care homes daily 

8 opportunities for structured and unstructured 

9 age-appropriate physical activity; and 

10 ‘‘(B) to limit among children under the su11 pervision of the participating child care centers 

12 and family or group day care homes the use of 

13 electronic media to an appropriate level. 

14 ‘‘(2) WATER CONSUMPTION.—Participating 

15 child care centers and family or group day care 

16 homes shall make available to children, as nutrition17 ally appropriate, potable water as an acceptable fluid 

18 for consumption throughout the day, including at 

19 meal times. 

20 ‘‘(3) TECHNICAL ASSISTANCE AND GUID21 ANCE.— 

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

23 provide technical assistance to institutions par24 ticipating in the program under this section to 

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1 ily or group day care homes in complying with 

2 the nutritional requirements and wellness rec3 ommendations prescribed by the Secretary in 

4 accordance with this subsection and subsection 

5 (g). 

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

7 1, 2012, the Secretary shall issue guidance to 

8 States and institutions to encourage partici9 pating child care centers and family or group 

10 day care homes serving meals and snacks under 

11 this section to— 

12 ‘‘(i) include foods that are rec13 ommended for increased serving consump14 tion in amounts recommended by the most 

15 recent Dietary Guidelines for Americans 

16 published under section 301 of the Na17 tional Nutrition Monitoring and Related 

18 Research Act of 1990 (7 U.S.C. 5341), in19 cluding fresh, canned, dried, or frozen 

20 fruits and vegetables, whole grain prod21 ucts, lean meat products, and low-fat and 

22 non-fat dairy products; and 

23 ‘‘(ii) reduce sedentary activities and 

24 provide opportunities for regular physical 

25 activity in quantities recommended by the 


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1 most recent Dietary Guidelines for Ameri2 cans described in clause (i). 

3 ‘‘(C) NUTRITION.—Technical assistance 

4 relating to the nutritional requirements of this 

5 subsection and subsection (g) shall include— 

6 ‘‘(i) nutrition education, including 

7 education that emphasizes the relationship 

8 between nutrition, physical activity, and 

9 health; 

10 ‘‘(ii) menu planning; 

11 ‘‘(iii) interpretation of nutrition labels; 

12 and 

13 ‘‘(iv) food preparation and purchasing 

14 guidance to produce meals and snacks that 

15 are— 

16 ‘‘(I) consistent with the goals of 

17 the most recent Dietary Guidelines; 

18 and 

19 ‘‘(II) promote the health of the 

20 population served by the program 

21 under this section, as recommended 

22 by authoritative scientific organiza23 tions. 


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1 ‘‘(D) PHYSICAL ACTIVITY.—Technical as2 sistance relating to the physical activity require3 ments of this subsection shall include— 

4 ‘‘(i) education on the importance of 

5 regular physical activity to overall health 

6 and well being; and 

7 ‘‘(ii) sharing of best practices for 

8 physical activity plans in child care centers 

9 and homes as recommended by authori10 tative scientific organizations. 

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

12 assistance relating to the electronic media use 

13 requirements of this subsection shall include— 

14 ‘‘(i) education on the benefits of lim15 iting exposure to electronic media by chil16 dren; and 

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

18 development of daily activity plans that 

19 limit use of electronic media. 

20 ‘‘(F) MINIMUM ASSISTANCE.—At a min21 imum, the technical assistance required under 

22 this paragraph shall include a handbook, devel23 oped by the Secretary in coordination with the 

24 Secretary for Health and Human Services, that 

25 includes recommendations, guidelines, and best 


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1 practices for participating institutions and fam2 ily or group day care homes that are consistent 

3 with the nutrition, physical activity, and 

4 wellness requirements and recommendations of 

5 this subsection. 

6 ‘‘(G) ADDITIONAL ASSISTANCE.—In addi7 tion to the requirements of this paragraph, the 

8 Secretary shall develop and provide such appro9 priate training and education materials, guid10 ance, and technical assistance as the Secretary 

11 considers to be necessary to comply with the 

12 nutritional and wellness requirements of this 

13 subsection and subsection (g). 

14 ‘‘(H) FUNDING.— 

15 ‘‘(i) IN GENERAL.—On October 1, 

16 2010, out of any funds in the Treasury not 

17 otherwise appropriated, the Secretary of 

18 the Treasury shall transfer to the Sec19 retary to provide technical assistance 

20 under this subsection $10,000,000, to re21 main available until expended. 

22 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

23 The Secretary shall be entitled to receive, 

24 shall accept, and shall use to carry out this 


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1 subsection the funds transferred under 

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

3 SEC. 222. INTERAGENCY COORDINATION TO PROMOTE 

4 HEALTH AND WELLNESS IN CHILD CARE LI5 CENSING. 

6 The Secretary shall coordinate with the Secretary of 

7 Health and Human Services to encourage State licensing 

8 agencies to include nutrition and wellness standards with9 in State licensing standards that ensure, to the maximum 

10 extent practicable, that licensed child care centers and 

11 family or group day care homes— 

12 (1) provide to all children under the supervision 

13 of the child care centers and family or group day 

14 care homes daily opportunities for age-appropriate 

15 physical activity; 

16 (2) limit among children under the supervision 

17 of the child care centers and family or group day 

18 care homes the use of electronic media and the 

19 quantity of time spent in sedentary activity to an ap20 propriate level; 

21 (3) serve meals and snacks that are consistent 

22 with the requirements of the child and adult care 

23 food program established under section 17 of the 

24 Richard B. Russell National School Lunch Act (42 

25 U.S.C. 1766); and 


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1 (4) promote such other nutrition and wellness 

2 goals as the Secretaries determine to be necessary. 

3 SEC. 223. STUDY ON NUTRITION AND WELLNESS QUALITY 

4 OF CHILD CARE SETTINGS. 

5 (a) IN GENERAL.—Not less than 3 years after the 

6 date of enactment of this Act, the Secretary, in consulta7 tion with the Secretary of Health and Human Services, 

8 shall enter into a contract for the conduct of a nationally 

9 representative study of child care centers and family or 

10 group day care homes that includes an assessment of— 

11 (1) the nutritional quality of all foods provided 

12 to children in child care settings as compared to the 

13 recommendations in most recent Dietary Guidelines 

14 for Americans published under section 301 of the 

15 National Nutrition Monitoring and Related Research 

16 Act of 1990 (7 U.S.C. 5341); 

17 (2) the quantity and type of opportunities for 

18 physical activity provided to children in child care 

19 settings; 

20 (3) the quantity of time spent by children in 

21 child care settings in sedentary activities; 

22 (4) an assessment of barriers and facilitators 

23 to— 

24 (A) providing foods to children in child 

25 care settings that meet the recommendations of 


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1 the most recent Dietary Guidelines for Ameri2 cans published under section 301 of the Na3 tional Nutrition Monitoring and Related Re4 search Act of 1990 (7 U.S.C. 5341); 

5 (B) providing the appropriate quantity and 

6 type of opportunities of physical activity for 

7 children in child care settings; and 

8 (C) participation by child care centers and 

9 family or group day care homes in the child and 

10 adult care food program established under sec11 tion 17 of the Richard B. Russell National 

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

13 (5) such other assessment measures as the Sec14 retary may determine to be necessary. 

15 (b) REPORT TO CONGRESS.—The Secretary shall 

16 submit to Congress a report that includes a detailed de17 scription of the results of the study conducted under sub18 section (a). 

19 (c) FUNDING.— 

20 (1) IN GENERAL.—On October 1, 2010, out of 

21 any funds in the Treasury not otherwise appro22 priated, the Secretary of the Treasury shall transfer 

23 to the Secretary to carry out this section 

24 $5,000,000, to remain available until expended. 


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1 (2) RECEIPT AND ACCEPTANCE.—The Sec2 retary shall be entitled to receive, shall accept, and 

3 shall use to carry out this section the funds trans4 ferred under paragraph (1), without further appro5 priation. 

6 Subtitle C—Special Supplemental 

7 Nutrition Program for Women, 

8 Infants, and Children 

9 SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PRO10 GRAM. 

11 Section 17 of the Child Nutrition Act of 1966 (42 

12 U.S.C. 1786) is amended— 

13 (1) in subsection (a), in the second sentence, by 

14 striking ‘‘supplemental foods and nutrition education 

15 through any eligible local agency’’ and inserting 

16 ‘‘supplemental foods and nutrition education, includ17 ing breastfeeding promotion and support, through 

18 any eligible local agency’’; 

19 (2) in subsection (b)(4), by inserting 

20 ‘‘breastfeeding support and promotion,’’ after ‘‘nu21 trition education,’’; 

22 (3) in subsection (c)(1), in the first sentence, by 

23 striking ‘‘supplemental foods and nutrition education 

24 to’’ and inserting ‘‘supplemental foods, nutrition 


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1 education, and breastfeeding support and promotion 

2 to’’; 

3 (4) in subsection (e)(2), in the second sentence, 

4 by inserting ‘‘, including breastfeeding support and 

5 education,’’ after ‘‘nutrition education’’; 

6 (5) in subsection (f)(6)(B), in the first sen7 tence, by inserting ‘‘and breastfeeding’’ after ‘‘nutri8 tion education’’; 

9 (6) in subsection (h)— 

10 (A) in paragraph (4)— 

11 (i) by striking ‘‘(4) The Secretary’’ 

12 and all that follows through ‘‘(A) in con13 sultation’’ and inserting the following: 

14 ‘‘(4) REQUIREMENTS.— 

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

16 ‘‘(i) in consultation’’; 

17 (ii) by redesignating subparagraphs 

18 (B) through (F) as clauses (ii) through 

19 (vi), respectively, and indenting appro20 priately; 

21 (iii) in clause (v) (as so redesignated), 

22 by striking ‘‘and’’ at the end; 

23 (iv) in clause (vi) (as so redesignated), 

24 by striking ‘‘2010 initiative.’’ and inserting 

25 ‘‘initiative; and’’; and 


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1 (v) by adding at the end the following: 

2 ‘‘(vii) annually compile and publish 

3 breastfeeding performance measurements 

4 based on program participant data on the 

5 number of partially and fully breast-fed in6 fants, including breastfeeding performance 

7 measurements for— 

8 ‘‘(I) each State agency; and 

9 ‘‘(II) each local agency; 

10 ‘‘(viii) in accordance with subpara11 graph (B), implement a program to recog12 nize exemplary breastfeeding support prac13 tices at local agencies or clinics partici14 pating in the special supplemental nutri15 tion program established under this sec16 tion; and 

17 ‘‘(ix) in accordance with subparagraph 

18 (C), implement a program to provide per19 formance bonuses to State agencies. 

20 ‘‘(B) EXEMPLARY BREASTFEEDING SUP21 PORT PRACTICES.— 

22 ‘‘(i) IN GENERAL.—In evaluating ex23 emplary practices under subparagraph 

24 (A)(viii), the Secretary shall consider— 


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1 ‘‘(I) performance measurements 

2 of breastfeeding; 

3 ‘‘(II) the effectiveness of a peer 

4 counselor program; 

5 ‘‘(III) the extent to which the 

6 agency or clinic has partnered with 

7 other entities to build a supportive 

8 breastfeeding environment for women 

9 participating in the program; and 

10 ‘‘(IV) such other criteria as the 

11 Secretary considers appropriate after 

12 consultation with State and local pro13 gram agencies. 

14 ‘‘(ii) AUTHORIZATION OF APPROPRIA15 TIONS.—There is authorized to be appro16 priated to carry out the activities described 

17 in clause (viii) of subparagraph (A) such 

18 sums as are necessary. 

19 ‘‘(C) PERFORMANCE BONUSES.— 

20 ‘‘(i) IN GENERAL.—Following the 

21 publication of breastfeeding performance 

22 measurements under subparagraph 

23 (A)(vii), the Secretary shall provide per24 formance bonus payments to not more 

25 than 15 State agencies that demonstrate, 


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1 as compared to other State agencies par2 ticipating in the program— 

3 ‘‘(I) the highest proportion of 

4 breast-fed infants; or 

5 ‘‘(II) the greatest improvement in 

6 proportion of breast-fed infants. 

7 ‘‘(ii) CONSIDERATION.—In providing 

8 performance bonus payments to State 

9 agencies under this subparagraph, the Sec10 retary shall consider the proportion of fully 

11 breast-fed infants in the States. 

12 ‘‘(iii) USE OF FUNDS.—A State agen13 cy that receives a performance bonus 

14 under clause (i)— 

15 ‘‘(I) shall treat the funds as pro16 gram income; and 

17 ‘‘(II) may transfer the funds to 

18 local agencies for use in carrying out 

19 the program. 

20 ‘‘(iv) IMPLEMENTATION.—The Sec21 retary shall provide the first performance 

22 bonuses not later than 1 year after the 

23 date of enactment of this clause and may 

24 subsequently revise the criteria for award25 ing performance bonuses; and’’; and 


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1 (B) by striking paragraph (10) and insert2 ing the following: 

3 ‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGE4 MENT INFORMATION SYSTEMS, AND SPECIAL NUTRI5 TION EDUCATION.— 

6 ‘‘(A) IN GENERAL.—For each of fiscal 

7 years 2010 through 2015, the Secretary shall 

8 use for the purposes specified in subparagraph 

9 (B) $139,000,000 (as adjusted annually for in10 flation by the same factor used to determine the 

11 national average per participant grant for nutri12 tion services and administration for the fiscal 

13 year under paragraph (1)(B)). 

14 ‘‘(B) PURPOSES.—Subject to subpara15 graph (C), of the amount made available under 

16 subparagraph (A) for a fiscal year— 

17 ‘‘(i) $14,000,000 shall be used for— 

18 ‘‘(I) infrastructure for the pro19 gram under this section; 

20 ‘‘(II) special projects to promote 

21 breastfeeding, including projects to 

22 assess the effectiveness of particular 

23 breastfeeding promotion strategies; 

24 and 


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1 ‘‘(III) special State projects of 

2 regional or national significance to 

3 improve the services of the program; 

4 ‘‘(ii) $35,000,000 shall be used to es5 tablish, improve, or administer manage6 ment information systems for the program, 

7 including changes necessary to meet new 

8 legislative or regulatory requirements of 

9 the program, of which up to $5,000,000 

10 may be used for Federal administrative 

11 costs; and 

12 ‘‘(iii) $90,000,000 shall be used for 

13 special nutrition education (such as 

14 breastfeeding peer counselors and other re15 lated activities), of which not more than 

16 $10,000,000 of any funding provided in 

17 excess of $50,000,000 shall be used to 

18 make performance bonus payments under 

19 paragraph (4)(C). 

20 ‘‘(C) ADJUSTMENT.—Each of the amounts 

21 referred to in clauses (i), (ii), and (iii) of sub22 paragraph (B) shall be adjusted annually for 

23 inflation by the same factor used to determine 

24 the national average per participant grant for 


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1 nutrition services and administration for the 

2 fiscal year under paragraph (1)(B). 

3 ‘‘(D) PROPORTIONAL DISTRIBUTION.—The 

4 Secretary shall distribute funds made available 

5 under subparagraph (A) in accordance with the 

6 proportional distribution described in subpara7 graphs (B) and (C).’’; and 

8 (7) in subsection (j), by striking ‘‘supplemental 

9 foods and nutrition education’’ each place it appears 

10 in paragraphs (1) and (2) and inserting ‘‘supple11 mental foods, nutrition education, and breastfeeding 

12 support and promotion’’. 

13 SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS. 

14 Section 17(f)(11)(D) of the Child Nutrition Act of 

15 1966 (42 U.S.C. 1786(f)(11)(D)) is amended in the mat16 ter preceding clause (i) by inserting ‘‘but not less than 

17 every 10 years,’’ after ‘‘scientific knowledge,’’. 

18 Subtitle D—Miscellaneous 

19 SEC. 241. NUTRITION EDUCATION AND OBESITY PREVEN20 TION GRANT PROGRAM. 

21 (a) IN GENERAL.—The Food and Nutrition Act of 

22 2008 (7 U.S.C. 2011 et seq.) is amended by adding at 

23 the end the following: 


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1 ‘‘SEC. 28. NUTRITION EDUCATION AND OBESITY PREVEN2 TION GRANT PROGRAM. 

3 ‘‘(a) DEFINITION OF ELIGIBLE INDIVIDUAL.—In this 

4 section, the term ‘eligible individual’ means an individual 

5 who is eligible to receive benefits under a nutrition edu6 cation and obesity prevention program under this section 

7 as a result of being— 

8 ‘‘(1) an individual eligible for benefits under— 

9 ‘‘(A) this Act; 

10 ‘‘(B) sections 9(b)(1)(A) and 17(c)(4) of 

11 the Richard B Russell National School Lunch 

12 Act (42 U.S.C. 1758(b)(1)(A), 1766(c)(4)); or 

13 ‘‘(C) section 4(e)(1)(A) of the Child Nutri14 tion Act of 1966 (42 U.S.C. 1773(e)(1)(A)); 

15 ‘‘(2) an individual who resides in a community 

16 with a significant low-income population, as deter17 mined by the Secretary; or 

18 ‘‘(3) such other low-income individual as is de19 termined to be eligible by the Secretary. 

20 ‘‘(b) PROGRAMS.—Consistent with the terms and 

21 conditions of grants awarded under this section, State 

22 agencies may implement a nutrition education and obesity 

23 prevention program for eligible individuals that promotes 

24 healthy food choices consistent with the most recent Die25 tary Guidelines for Americans published under section 301 


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1 of the National Nutrition Monitoring and Related Re2 search Act of 1990 (7 U.S.C. 5341). 

3 ‘‘(c) DELIVERY OF NUTRITION EDUCATION AND

4 OBESITY PREVENTION SERVICES.— 

5 ‘‘(1) IN GENERAL.—State agencies may deliver 

6 nutrition education and obesity prevention services 

7 under a program described in subsection (b)— 

8 ‘‘(A) directly to eligible individuals; or 

9 ‘‘(B) through agreements with other State 

10 or local agencies or community organizations. 

11 ‘‘(2) NUTRITION EDUCATION STATE PLANS.— 

12 ‘‘(A) IN GENERAL.—A State agency that 

13 elects to provide nutrition education and obesity 

14 prevention services under this subsection shall 

15 submit to the Secretary for approval a nutrition 

16 education State plan. 

17 ‘‘(B) REQUIREMENTS.—Except as pro18 vided in subparagraph (C), a nutrition edu19 cation State plan shall— 

20 ‘‘(i) identify the uses of the funding 

21 for local projects; 

22 ‘‘(ii) ensure that the interventions are 

23 appropriate for eligible individuals who are 

24 members of low-income populations by rec25 ognizing the constrained resources, and the 


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1 potential eligibility for Federal food assist2 ance programs, of members of those popu3 lations; and 

4 ‘‘(iii) conform to standards established 

5 by the Secretary through regulations, guid6 ance, or grant award documents. 

7 ‘‘(C) TRANSITION PERIOD.—During each 

8 of fiscal years 2011 and 2012, a nutrition edu9 cation State plan under this section shall be 

10 consistent with the requirements of section 

11 11(f) (as that section, other than paragraph 

12 (3)(C), existed on the day before the date of en13 actment of this section). 

14 ‘‘(3) USE OF FUNDS.— 

15 ‘‘(A) IN GENERAL.—A State agency may 

16 use funds provided under this section for any 

17 evidence-based allowable use of funds identified 

18 by the Administrator of the Food and Nutrition 

19 Service of the Department of Agriculture in 

20 consultation with the Director of the Centers 

21 for Disease Control and Prevention of the De22 partment of Health and Human Services, in23 cluding— 


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1 ‘‘(i) individual and group-based nutri2 tion education, health promotion, and 

3 intervention strategies; 

4 ‘‘(ii) comprehensive, multilevel inter5 ventions at multiple complementary organi6 zational and institutional levels; and 

7 ‘‘(iii) community and public health ap8 proaches to improve nutrition. 

9 ‘‘(B) CONSULTATION.—In identifying al10 lowable uses of funds under subparagraph (A) 

11 and in seeking to strengthen delivery, oversight, 

12 and evaluation of nutrition education, the Ad13 ministrator of the Food and Nutrition Service 

14 shall consult with the Director of the Centers 

15 for Disease Control and Prevention and outside 

16 stakeholders and experts, including— 

17 ‘‘(i) representatives of the academic 

18 and research communities; 

19 ‘‘(ii) nutrition education practitioners; 

20 ‘‘(iii) representatives of State and 

21 local governments; and 

22 ‘‘(iv) community organizations that 

23 serve low-income populations. 

24 ‘‘(4) NOTIFICATION.—To the maximum extent 

25 practicable, State agencies shall notify applicants, 


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1 participants, and eligible individuals under this Act 

2 of the availability of nutrition education and obesity 

3 prevention services under this section in local com4 munities. 

5 ‘‘(5) COORDINATION.—Subject to the approval 

6 of the Secretary, projects carried out with funds re7 ceived under this section may be coordinated with 

8 other health promotion or nutrition improvement 

9 strategies, whether public or privately funded, if the 

10 projects carried out with funds received under this 

11 section remain under the administrative control of 

12 the State agency. 

13 ‘‘(d) FUNDING.— 

14 ‘‘(1) IN GENERAL.—Of funds made available 

15 each fiscal year under section 18(a)(1), the Sec16 retary shall reserve for allocation to State agencies 

17 to carry out the nutrition education and obesity pre18 vention grant program under this section, to remain 

19 available for obligation for a period of 2 fiscal 

20 years— 

21 ‘‘(A) for fiscal year 2011, $375,000,000; 

22 and 

23 ‘‘(B) for fiscal year 2012 and each subse24 quent fiscal year, the applicable amount during 

25 the preceding fiscal year, as adjusted to reflect 


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1 any increases for the 12-month period ending 

2 the preceding June 30 in the Consumer Price 

3 Index for All Urban Consumers published by 

4 the Bureau of Labor Statistics of the Depart5 ment of Labor. 

6 ‘‘(2) ALLOCATION.— 

7 ‘‘(A) INITIAL ALLOCATION.—Of the funds 

8 set aside under paragraph (1), as determined 

9 by the Secretary— 

10 ‘‘(i) for each of fiscal years 2011 

11 through 2013, 100 percent shall be allo12 cated to State agencies in direct proportion 

13 to the amount of funding that the State 

14 received for carrying out section 11(f) (as 

15 that section existed on the day before the 

16 date of enactment of this section) during 

17 fiscal year 2009, as reported to the Sec18 retary as of February 2010; and 

19 ‘‘(ii) subject to a reallocation under 

20 subparagraph (B)— 

21 ‘‘(I) for fiscal year 2014— 

22 ‘‘(aa) 90 percent shall be al23 located to State agencies in ac24 cordance with clause (i); and 


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1 ‘‘(bb) 10 percent shall be al2 located to State agencies based 

3 on the respective share of each 

4 State of the number of individ5 uals participating in the supple6 mental nutrition assistance pro7 gram during the 12-month period 

8 ending the preceding January 31; 

9 ‘‘(II) for fiscal year 2015— 

10 ‘‘(aa) 80 percent shall be al11 located to State agencies in ac12 cordance with clause (i); and 

13 ‘‘(bb) 20 percent shall be al14 located in accordance with sub15 clause (I)(bb); 

16 ‘‘(III) for fiscal year 2016— 

17 ‘‘(aa) 70 percent shall be al18 located to State agencies in ac19 cordance with clause (i); and 

20 ‘‘(bb) 30 percent shall be al21 located in accordance with sub22 clause (I)(bb); 

23 ‘‘(IV) for fiscal year 2017— 


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1 ‘‘(aa) 60 percent shall be al2 located to State agencies in ac3 cordance with clause (i); and 

4 ‘‘(bb) 40 percent shall be al5 located in accordance with sub6 clause (I)(bb); and 

7 ‘‘(V) for fiscal year 2018 and 

8 each fiscal year thereafter— 

9 ‘‘(aa) 50 percent shall be al10 located to State agencies in ac11 cordance with clause (i); and 

12 ‘‘(bb) 50 percent shall be al13 located in accordance with sub14 clause (I)(bb). 

15 ‘‘(B) REALLOCATION.— 

16 ‘‘(i) IN GENERAL.—If the Secretary 

17 determines that a State agency will not ex18 pend all of the funds allocated to the State 

19 agency for a fiscal year under paragraph 

20 (1) or in the case of a State agency that 

21 elects not to receive the entire amount of 

22 funds allocated to the State agency for a 

23 fiscal year, the Secretary shall reallocate 

24 the unexpended funds to other States dur25 ing the fiscal year or the subsequent fiscal 


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1 year (as determined by the Secretary) that 

2 have approved State plans under which the 

3 State agencies may expend the reallocated 

4 funds. 

5 ‘‘(ii) EFFECT OF ADDITIONAL

6 FUNDS.— 

7 ‘‘(I) FUNDS RECEIVED.—Any re8 allocated funds received by a State 

9 agency under clause (i) for a fiscal 

10 year shall be considered to be part of 

11 the fiscal year 2009 base allocation of 

12 funds to the State agency for that fis13 cal year for purposes of determining 

14 allocation under subparagraph (A) for 

15 the subsequent fiscal year. 

16 ‘‘(II) FUNDS SURRENDERED.— 

17 Any funds surrendered by a State 

18 agency under clause (i) shall not be 

19 considered to be part of the fiscal year 

20 2009 base allocation of funds to a 

21 State agency for that fiscal year for 

22 purposes of determining allocation 

23 under subparagraph (A) for the sub24 sequent fiscal year. 


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1 ‘‘(3) LIMITATION ON FEDERAL FINANCIAL PAR2 TICIPATION.— 

3 ‘‘(A) IN GENERAL.—Grants awarded under 

4 this section shall be the only source of Federal 

5 financial participation under this Act in nutri6 tion education and obesity prevention. 

7 ‘‘(B) EXCLUSION.—Any costs of nutrition 

8 education and obesity prevention in excess of 

9 the grants authorized under this section shall 

10 not be eligible for reimbursement under section 

11 16(a). 

12 ‘‘(e) IMPLEMENTATION.—Not later than January 1, 

13 2012, the Secretary shall publish in the Federal Register 

14 a description of the requirements for the receipt of a grant 

15 under this section.’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 4(a) of the Food and Nutrition Act 

18 of 2008 (7 U.S.C. 2013(a)) is amended in the first 

19 sentence by striking ‘‘and, through an approved 

20 State plan, nutrition education’’. 

21 (2) Section 11 of the Food and Nutrition Act 

22 of 2008 (7 U.S.C. 2020) is amended by striking 

23 subsection (f). 


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1 SEC. 242. PROCUREMENT AND PROCESSING OF FOOD SERV2 ICE PRODUCTS AND COMMODITIES. 

3 Section 9(a)(4) of the Richard B. Russell National 

4 School Lunch Act (42 U.S.C. 1758(a)(4)) is amended by 

5 adding at the end the following: 

6 ‘‘(C) PROCUREMENT AND PROCESSING OF

7 FOOD SERVICE PRODUCTS AND COMMOD8 ITIES.—The Secretary shall— 

9 ‘‘(i) identify, develop, and disseminate 

10 to State departments of agriculture and 

11 education, school food authorities, local 

12 educational agencies, and local processing 

13 entities, model product specifications and 

14 practices for foods offered in school nutri15 tion programs under this Act and the 

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

17 1771 et seq.) to ensure that the foods re18 flect the most recent Dietary Guidelines 

19 for Americans published under section 301 

20 of the National Nutrition Monitoring and 

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

22 5341); 

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

24 date of enactment of this subparagraph— 

25 ‘‘(I) carry out a study to analyze 

26 the quantity and quality of nutritional 


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1 information available to school food 

2 authorities about food service prod3 ucts and commodities; and 

4 ‘‘(II) submit to Congress a report 

5 on the results of the study that con6 tains such legislative recommendations 

7 as the Secretary considers necessary 

8 to ensure that school food authorities 

9 have access to the nutritional informa10 tion needed for menu planning and 

11 compliance assessments; and 

12 ‘‘(iii) to the maximum extent prac13 ticable, in purchasing and processing com14 modities for use in school nutrition pro15 grams under this Act and the Child Nutri16 tion Act of 1966 (42 U.S.C. 1771 et seq.), 

17 purchase the widest variety of healthful 

18 foods that reflect the most recent Dietary 

19 Guidelines for Americans.’’. 

20 SEC. 243. ACCESS TO LOCAL FOODS: FARM TO SCHOOL 

21 PROGRAM. 

22 Section 18 of the Richard B. Russell National School 

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


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1 (1) by redesignating subsections (h) and (i) and 

2 subsection (j) (as added by section 210) as sub3 sections (i) through (k), respectively; 

4 (2) in subsection (g), by striking ‘‘(g) ACCESS

5 TO LOCAL FOODS AND SCHOOL GARDENS.—’’ and 

6 all that follows through ‘‘(3) PILOT PROGRAM FOR

7 HIGH-POVERTY SCHOOLS.—’’ and inserting the fol8 lowing: 

9 ‘‘(g) ACCESS TO LOCAL FOODS: FARM TO SCHOOL

10 PROGRAM.— 

11 ‘‘(1) DEFINITION OF ELIGIBLE SCHOOL.—In 

12 this subsection, the term ‘eligible school’ means a 

13 school or institution that participates in a program 

14 under this Act or the school breakfast program es15 tablished under section 4 of the Child Nutrition Act 

16 of 1966 (42 U.S.C. 1773). 

17 ‘‘(2) PROGRAM.—The Secretary shall carry out 

18 a program to assist eligible schools, State and local 

19 agencies, Indian tribal organizations, agricultural 

20 producers or groups of agricultural producers, and 

21 nonprofit entities through grants and technical as22 sistance to implement farm to school programs that 

23 improve access to local foods in eligible schools. 

24 ‘‘(3) GRANTS.— 


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

2 award competitive grants under this subsection 

3 to be used for— 

4 ‘‘(i) training; 

5 ‘‘(ii) supporting operations; 

6 ‘‘(iii) planning; 

7 ‘‘(iv) purchasing equipment; 

8 ‘‘(v) developing school gardens; 

9 ‘‘(vi) developing partnerships; and 

10 ‘‘(vii) implementing farm to school 

11 programs. 

12 ‘‘(B) REGIONAL BALANCE.—In making 

13 awards under this subsection, the Secretary 

14 shall, to the maximum extent practicable, en15 sure— 

16 ‘‘(i) geographical diversity; and 

17 ‘‘(ii) equitable treatment of urban, 

18 rural, and tribal communities. 

19 ‘‘(C) MAXIMUM AMOUNT.—The total 

20 amount provided to a grant recipient under this 

21 subsection shall not exceed $100,000. 

22 ‘‘(4) FEDERAL SHARE.— 

23 ‘‘(A) IN GENERAL.—The Federal share of 

24 costs for a project funded through a grant 


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1 awarded under this subsection shall not exceed 

2 75 percent of the total cost of the project. 

3 ‘‘(B) FEDERAL MATCHING.—As a condi4 tion of receiving a grant under this subsection, 

5 a grant recipient shall provide matching sup6 port in the form of cash or in-kind contribu7 tions, including facilities, equipment, or services 

8 provided by State and local governments, non9 profit organizations, and private sources. 

10 ‘‘(5) CRITERIA FOR SELECTION.—To the max11 imum extent practicable, in providing assistance 

12 under this subsection, the Secretary shall give the 

13 highest priority to funding projects that, as deter14 mined by the Secretary— 

15 ‘‘(A) make local food products available on 

16 the menu of the eligible school; 

17 ‘‘(B) serve a high proportion of children 

18 who are eligible for free or reduced price 

19 lunches; 

20 ‘‘(C) incorporate experiential nutrition edu21 cation activities in curriculum planning that en22 courage the participation of school children in 

23 farm and garden-based agricultural education 

24 activities; 


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1 ‘‘(D) demonstrate collaboration between el2 igible schools, nongovernmental and community3 based organizations, agricultural producer 

4 groups, and other community partners; 

5 ‘‘(E) include adequate and participatory 

6 evaluation plans; 

7 ‘‘(F) demonstrate the potential for long8 term program sustainability; and 

9 ‘‘(G) meet any other criteria that the Sec10 retary determines appropriate. 

11 ‘‘(6) EVALUATION.—As a condition of receiving 

12 a grant under this subsection, each grant recipient 

13 shall agree to cooperate in an evaluation by the Sec14 retary of the program carried out using grant funds. 

15 ‘‘(7) TECHNICAL ASSISTANCE.—The Secretary 

16 shall provide technical assistance and information to 

17 assist eligible schools, State and local agencies, In18 dian tribal organizations, and nonprofit entities— 

19 ‘‘(A) to facilitate the coordination and 

20 sharing of information and resources in the De21 partment that may be applicable to the farm to 

22 school program; 

23 ‘‘(B) to collect and share information on 

24 best practices; and 


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1 ‘‘(C) to disseminate research and data on 

2 existing farm to school programs and the poten3 tial for programs in underserved areas. 

4 ‘‘(8) FUNDING.— 

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

6 and each October 1 thereafter, out of any funds 

7 in the Treasury not otherwise appropriated, the 

8 Secretary of the Treasury shall transfer to the 

9 Secretary to carry out this subsection 

10 $5,000,000, to remain available until expended. 

11 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

12 Secretary shall be entitled to receive, shall ac13 cept, and shall use to carry out this subsection 

14 the funds transferred under subparagraph (A), 

15 without further appropriation. 

16 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In 

17 addition to the amounts made available under para18 graph (8), there are authorized to be appropriated to 

19 carry out this subsection such sums as are necessary 

20 for each of fiscal years 2011 through 2015. 

21 ‘‘(h) PILOT PROGRAM FOR HIGH-POVERTY

22 SCHOOLS.— 

23 ‘‘(1) IN GENERAL.—’’; and 

24 (3) in subsection (h) (as redesignated by para25 graph (2))— 


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1 (A) in subparagraph (F) of paragraph (1) 

2 (as so redesignated), by striking ‘‘in accordance 

3 with paragraph (1)(H)’’ and inserting ‘‘carried 

4 out by the Secretary’’; 

5 (B) by redesignating paragraph (4) as 

6 paragraph (2); and 

7 (C) in paragraph (2) (as so redesignated), 

8 by striking ‘‘2009’’ and inserting ‘‘2015’’. 

9 SEC. 244. RESEARCH ON STRATEGIES TO PROMOTE THE SE10 LECTION AND CONSUMPTION OF HEALTHY 

11 FOODS. 

12 (a) IN GENERAL.—The Secretary, in consultation 

13 with the Secretary of Health and Human Services, shall 

14 establish a research, demonstration, and technical assist15 ance program to promote healthy eating and reduce the 

16 prevalence of obesity, among all population groups but es17 pecially among children, by applying the principles and in18 sights of behavioral economics research in schools, child 

19 care programs, and other settings. 

20 (b) PRIORITIES.—The Secretary shall— 

21 (1) identify and assess the impacts of specific 

22 presentation, placement, and other strategies for 

23 structuring choices on selection and consumption of 

24 healthful foods in a variety of settings, consistent 

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1 lines for Americans published under section 301 of 

2 the National Nutrition Monitoring and Related Re3 search Act of 1990 (7 U.S.C. 5341); 

4 (2) demonstrate and rigorously evaluate behav5 ioral economics-related interventions that hold prom6 ise to improve diets and promote health, including 

7 through demonstration projects that may include 

8 evaluation of the use of portion size, labeling, con9 venience, and other strategies to encourage healthy 

10 choices; and 

11 (3) encourage adoption of the most effective 

12 strategies through outreach and technical assistance. 

13 (c) AUTHORITY.—In carrying out the program under 

14 subsection (a), the Secretary may— 

15 (1) enter into competitively awarded contracts 

16 or cooperative agreements; or 

17 (2) provide grants to States or public or private 

18 agencies or organizations, as determined by the Sec19 retary. 

20 (d) APPLICATION.—To be eligible to enter into a con21 tract or cooperative agreement or receive a grant under 

22 this section, a State or public or private agency or organi23 zation shall submit to the Secretary an application at such 

24 time, in such manner, and containing such information as 

25 the Secretary may require. 


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1 (e) COORDINATION.—The solicitation and evaluation 

2 of contracts, cooperative agreements, and grant proposals 

3 considered under this section shall be coordinated with the 

4 Food and Nutrition Service as appropriate to ensure that 

5 funded projects are consistent with the operations of Fed6 erally supported nutrition assistance programs and related 

7 laws (including regulations). 

8 (f) ANNUAL REPORTS.—Not later than 90 days after 

9 the end of each fiscal year, the Secretary shall submit to 

10 the Committee on Agriculture of the House of Representa11 tives and the Committee on Agriculture, Nutrition, and 

12 Forestry of the Senate a report that includes a description 

13 of— 

14 (1) the policies, priorities, and operations of the 

15 program carried out by the Secretary under this sec16 tion during the fiscal year; 

17 (2) the results of any evaluations completed 

18 during the fiscal year; and 

19 (3) the efforts undertaken to disseminate suc20 cessful practices through outreach and technical as21 sistance. 

22 (g) AUTHORIZATION OF APPROPRIATIONS.— 

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

24 appropriated to carry out this section such sums as 


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1 are necessary for each of fiscal years 2011 through 

2 2015. 

3 (2) USE OF FUNDS.—The Secretary may use 

4 up to 5 percent of the funds made available under 

5 paragraph (1) for Federal administrative expenses 

6 incurred in carrying out this section. 

7 TITLE III—IMPROVING THE MAN8 AGEMENT AND INTEGRITY OF 

9 CHILD NUTRITION PRO10 GRAMS 

11 Subtitle A—National School Lunch 

12 Program 

13 SEC. 301. PRIVACY PROTECTION. 

14 Section 9(d)(1) of the Richard B. Russell National 

15 School Lunch Act (42 U.S.C. 1758(d)(1)) is amended— 

16 (1) in the first sentence, by inserting ‘‘the last 

17 4 digits of’’ before ‘‘the social security account num18 ber’’; and 

19 (2) by striking the second sentence. 

20 SEC. 302. APPLICABILITY OF FOOD SAFETY PROGRAM ON 

21 ENTIRE SCHOOL CAMPUS. 

22 Section 9(h)(5) of the Richard B. Russell National 

23 School Lunch Act (42 U.S.C. 1758(h)(5)) is amended— 

24 (1) by striking ‘‘Each school food’’ and insert25 ing the following: 


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1 ‘‘(A) IN GENERAL.—Each school food’’; 

2 and 

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

4 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

5 shall apply to any facility or part of a facility 

6 in which food is stored, prepared, or served for 

7 the purposes of the school nutrition programs 

8 under this Act or section 4 of the Child Nutri9 tion Act of 1966 (42 U.S.C. 1773).’’. 

10 SEC. 303. FINES FOR VIOLATING PROGRAM REQUIRE11 MENTS. 

12 Section 22 of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1769c) is amended by adding at 

14 the end the following: 

15 ‘‘(e) FINES FOR VIOLATING PROGRAM REQUIRE16 MENTS.— 

17 ‘‘(1) SCHOOL FOOD AUTHORITIES AND

18 SCHOOLS.— 

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

20 establish criteria by which the Secretary or a 

21 State agency may impose a fine against any 

22 school food authority or school administering a 

23 program authorized under this Act or the Child 

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


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1 if the Secretary or the State agency determines 

2 that the school food authority or school has— 

3 ‘‘(i) failed to correct severe mis4 management of the program; 

5 ‘‘(ii) disregarded a program require6 ment of which the school food authority or 

7 school had been informed; or 

8 ‘‘(iii) failed to correct repeated viola9 tions of program requirements. 

10 ‘‘(B) LIMITS.— 

11 ‘‘(i) IN GENERAL.—In calculating the 

12 fine for a school food authority or school, 

13 the Secretary shall base the amount of the 

14 fine on the reimbursement earned by 

15 school food authority or school for the pro16 gram in which the violation occurred. 

17 ‘‘(ii) AMOUNT.—The amount under 

18 clause (i) shall not exceed— 

19 ‘‘(I) 1 percent of the amount of 

20 meal reimbursements earned for the 

21 fiscal year for the first finding of 1 or 

22 more program violations under sub23 paragraph (A); 

24 ‘‘(II) 5 percent of the amount of 

25 meal reimbursements earned for the 


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1 fiscal year for the second finding of 1 

2 or more program violations under sub3 paragraph (A); and 

4 ‘‘(III) 10 percent of the amount 

5 of meal reimbursements earned for 

6 the fiscal year for the third or subse7 quent finding of 1 or more program 

8 violations under subparagraph (A). 

9 ‘‘(2) STATE AGENCIES.— 

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

11 establish criteria by which the Secretary may 

12 impose a fine against any State agency admin13 istering a program authorized under this Act or 

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

15 1771 et seq.) if the Secretary determines that 

16 the State agency has— 

17 ‘‘(i) failed to correct severe mis18 management of the program; 

19 ‘‘(ii) disregarded a program require20 ment of which the State had been in21 formed; or 

22 ‘‘(iii) failed to correct repeated viola23 tions of program requirements. 


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1 ‘‘(B) LIMITS.—In the case of a State agen2 cy, the amount of a fine under subparagraph 

3 (A) shall not exceed— 

4 ‘‘(i) 1 percent of funds made available 

5 under section 7(a) of the Child Nutrition 

6 Act of 1966 (42 U.S.C. 1776(a)) for State 

7 administrative expenses during a fiscal 

8 year for the first finding of 1 or more pro9 gram violations under subparagraph (A); 

10 ‘‘(ii) 5 percent of funds made avail11 able under section 7(a) of the Child Nutri12 tion Act of 1966 (42 U.S.C. 1776(a)) for 

13 State administrative expenses during a fis14 cal year for the second finding of 1 or 

15 more program violations under subpara16 graph (A); and 

17 ‘‘(iii) 10 percent of funds made avail18 able under section 7(a) of the Child Nutri19 tion Act of 1966 (42 U.S.C. 1776(a)) for 

20 State administrative expenses during a fis21 cal year for the third or subsequent finding 

22 of 1 or more program violations under sub23 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.—In addi16 tion to the topics described in clause (i), a 

17 training program carried out under this 

18 subparagraph shall include training mod19 ules on— 

20 ‘‘(I) nutrition; 

21 ‘‘(II) health and food safety 

22 standards and methodologies; and 

23 ‘‘(III) any other appropriate top24 ics, as determined by the Secretary. 

25 ‘‘(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 SEC. 335. CHILD AND ADULT CARE FOOD PROGRAM AUDIT 

2 FUNDING. 

3 Section 17(i) of the Richard B. Russell National 

4 School Lunch Act (42 U.S.C. 1766(i)) is amended by 

5 striking paragraph (2) and inserting the following: 

6 ‘‘(2) FUNDING.— 

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

8 make available for each fiscal year to each 

9 State agency administering the child and adult 

10 care food program, for the purpose of con11 ducting audits of participating institutions, an 

12 amount of up to 1.5 percent of the funds used 

13 by each State in the program under this sec14 tion, during the second preceding fiscal year. 

15 ‘‘(B) ADDITIONAL FUNDING.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), for fiscal year 2016 and each fiscal 

18 year thereafter, the Secretary may increase 

19 the amount of funds made available to any 

20 State agency under subparagraph (A), if 

21 the State agency demonstrates that the 

22 State agency can effectively use the funds 

23 to improve program management under 

24 criteria established by the Secretary. 

25 ‘‘(ii) LIMITATION.—The total amount 

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1 cy under this paragraph shall not exceed 2 

2 percent of the funds used by each State 

3 agency in the program under this section, 

4 during the second preceding fiscal year.’’. 

5 SEC. 336. REDUCING PAPERWORK AND IMPROVING PRO6 GRAM ADMINISTRATION. 

7 (a) DEFINITION OF PROGRAM.—In this section, the 

8 term ‘‘program’’ means the child and adult care food pro9 gram established under section 17 of the Richard B. Rus10 sell National School Lunch Act (42 U.S.C. 1766). 

11 (b) ESTABLISHMENT.—The Secretary, in conjunction 

12 with States and participating institutions, shall continue 

13 to examine the feasibility of reducing unnecessary or du14 plicative paperwork resulting from regulations and record15 keeping requirements for State agencies, institutions, fam16 ily and group day care homes, and sponsored centers par17 ticipating in the program. 

18 (c) DUTIES.—At a minimum, the examination shall 

19 include— 

20 (1) review and evaluation of the recommenda21 tions, guidance, and regulatory priorities developed 

22 and issued to comply with section 119(i) of the Child 

23 Nutrition and WIC Reauthorization Act of 2004 (42 

24 U.S.C. 1766 note; Public Law 108–265); and 


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1 (2) examination of additional paperwork and 

2 administrative requirements that have been estab3 lished since February 23, 2007, that could be re4 duced or simplified. 

5 (d) ADDITIONAL DUTIES.—The Secretary, in con6 junction with States and institutions participating in the 

7 program, may also examine any aspect of administration 

8 of the program. 

9 (e) REPORT.—Not later than 4 years after the date 

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

11 Congress a report that describes the actions that have 

12 been taken to carry out this section, including— 

13 (1) actions taken to address administrative and 

14 paperwork burdens identified as a result of compli15 ance with section 119(i) of the Child Nutrition and 

16 WIC Reauthorization Act of 2004 (42 U.S.C. 1766 

17 note; Public Law 108–265); 

18 (2) administrative and paperwork burdens iden19 tified as a result of compliance with section 119(i) 

20 of that Act for which no regulatory action or policy 

21 guidance has been taken; 

22 (3) additional steps that the Secretary is taking 

23 or plans to take to address any administrative and 

24 paperwork burdens identified under subsection (c)(2) 

25 and paragraph (2), including— 


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1 (A) new or updated regulations, policy, 

2 guidance, or technical assistance; and 

3 (B) a timeframe for the completion of 

4 those steps; and 

5 (4) recommendations to Congress for modifica6 tions to existing statutory authorities needed to ad7 dress identified administrative and paperwork bur8 dens. 

9 SEC. 337. STUDY RELATING TO THE CHILD AND ADULT 

10 CARE FOOD PROGRAM. 

11 (a) STUDY.—The Secretary, acting through the Ad12 ministrator of the Food and Nutrition Service, shall carry 

13 out a study of States participating in an afterschool sup14 per program under the child and adult care food program 

15 established under section 17(r) of the Richard B. Russell 

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

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

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

19 Congress, and make available on the website of the Food 

20 and Nutrition Service, a report that describes— 

21 (1) best practices of States in soliciting spon22 sors for an afterschool supper program described in 

23 subsection (a); and 


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1 (2) any Federal or State laws or requirements 

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

4 Subtitle D—Special Supplemental 

5 Nutrition Program for Women, 

6 Infants, and Children 

7 SEC. 351. SHARING OF MATERIALS WITH OTHER PRO8 GRAMS. 

9 Section 17(e)(3) of the Child Nutrition Act (42 

10 U.S.C. 1786(e)(3)) is amended by striking subparagraph 

11 (B) and inserting the following: 

12 ‘‘(B) SHARING OF MATERIALS WITH

13 OTHER PROGRAMS.— 

14 ‘‘(i) COMMODITY SUPPLEMENTAL

15 FOOD PROGRAM.—The Secretary may pro16 vide, in bulk quantity, nutrition education 

17 materials (including materials promoting 

18 breastfeeding) developed with funds made 

19 available for the program authorized under 

20 this section to State agencies administering 

21 the commodity supplemental food program 

22 established under section 5 of the Agri23 culture and Consumer Protection Act of 

24 1973 (7 U.S.C. 612c note; Public Law 93– 

25 86) at no cost to that program. 


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1 ‘‘(ii) CHILD AND ADULT CARE FOOD

2 PROGRAM.—A State agency may allow the 

3 local agencies or clinics under the State 

4 agency to share nutrition educational ma5 terials with institutions participating in the 

6 child and adult care food program estab7 lished under section 17 of the Richard B. 

8 Russell National School Lunch Act (42 

9 U.S.C. 1766) at no cost to that program, 

10 if a written materials sharing agreement 

11 exists between the relevant agencies.’’. 

12 SEC. 352. WIC PROGRAM MANAGEMENT. 

13 (a) WIC EVALUATION FUNDS.—Section 17(g)(5) of 

14 the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)) 

15 is amended by striking ‘‘$5,000,000’’ and inserting 

16 ‘‘$15,000,000’’. 

17 (b) WIC REBATE PAYMENTS.—Section 17(h)(8) of 

18 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)) 

19 is amended by adding at the end the following: 

20 ‘‘(K) REPORTING.—Effective beginning 

21 October 1, 2011, each State agency shall report 

22 rebate payments received from manufacturers 

23 in the month in which the payments are re24 ceived, rather than in the month in which the 

25 payments were earned.’’. 


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1 (c) COST CONTAINMENT MEASURE.—Section 17(h) 

2 of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) 

3 is amended— 

4 (1) in paragraph (8)(A)(iv)(III), by striking 

5 ‘‘Any’’ and inserting ‘‘Except as provided in para6 graph (9)(B)(i)(II), any’’; and 

7 (2) by striking paragraph (9) and inserting the 

8 following: 

9 ‘‘(9) COST CONTAINMENT MEASURE.— 

10 ‘‘(A) DEFINITION OF COST CONTAINMENT

11 MEASURE.—In this subsection, the term ‘cost 

12 containment measure’ means a competitive bid13 ding, rebate, direct distribution, or home deliv14 ery system implemented by a State agency as 

15 described in the approved State plan of oper16 ation and administration of the State agency. 

17 ‘‘(B) SOLICITATION AND REBATE BILLING

18 REQUIREMENTS.—Any State agency instituting 

19 a cost containment measure for any authorized 

20 food, including infant formula, shall— 

21 ‘‘(i) in the bid solicitation— 

22 ‘‘(I) identify the composition of 

23 State alliances for the purposes of a 

24 cost containment measure; and 


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1 ‘‘(II) verify that no additional 

2 States shall be added to the State alli3 ance between the date of the bid solic4 itation and the end of the contract; 

5 ‘‘(ii) have a system to ensure that re6 bate invoices under competitive bidding 

7 provide a reasonable estimate or an actual 

8 count of the number of units sold to par9 ticipants in the program under this sec10 tion; 

11 ‘‘(iii) open and read aloud all bids at 

12 a public proceeding on the day on which 

13 the bids are due; and 

14 ‘‘(iv) unless otherwise exempted by 

15 the Secretary, provide a minimum of 30 

16 days between the publication of the solici17 tation and the date on which the bids are 

18 due. 

19 ‘‘(C) STATE ALLIANCES FOR AUTHORIZED

20 FOODS OTHER THAN INFANT FORMULA.—Pro21 gram requirements relating to the size of State 

22 alliances under paragraph (8)(A)(iv) shall apply 

23 to cost containment measures established for 

24 any authorized food under this section.’’. 


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1 (d) ELECTRONIC BENEFIT TRANSFER.—Section 

2 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 

3 1786(h)) is amended by striking paragraph (12) and in4 serting the following: 

5 ‘‘(12) ELECTRONIC BENEFIT TRANSFER.— 

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

7 ‘‘(i) ELECTRONIC BENEFIT TRANS8 FER.—The term ‘electronic benefit trans9 fer’ means a food delivery system that pro10 vides benefits using a card or other access 

11 device approved by the Secretary that per12 mits electronic access to program benefits. 

13 ‘‘(ii) PROGRAM.—The term ‘program’ 

14 means the special supplemental nutrition 

15 program established by this section. 

16 ‘‘(B) REQUIREMENTS.— 

17 ‘‘(i) IN GENERAL.—Not later than Oc18 tober 1, 2020, each State agency shall be 

19 required to implement electronic benefit 

20 transfer systems throughout the State, un21 less the Secretary grants an exemption 

22 under subparagraph (C) for a State agency 

23 that is facing unusual barriers to imple24 ment an electronic benefit transfer system. 


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1 ‘‘(ii) RESPONSIBILITY.—The State 

2 agency shall be responsible for the coordi3 nation and management of the electronic 

4 benefit transfer system of the agency. 

5 ‘‘(C) EXEMPTIONS.— 

6 ‘‘(i) IN GENERAL.—To be eligible for 

7 an exemption from the statewide imple8 mentation requirements of subparagraph 

9 (B)(i), a State agency shall demonstrate to 

10 the satisfaction of the Secretary 1 or more 

11 of the following: 

12 ‘‘(I) There are unusual techno13 logical barriers to implementation. 

14 ‘‘(II) Operational costs are not 

15 affordable within the nutrition serv16 ices and administration grant of the 

17 State agency. 

18 ‘‘(III) It is in the best interest of 

19 the program to grant the exemption. 

20 ‘‘(ii) SPECIFIC DATE.—A State agency 

21 requesting an exemption under clause (i) 

22 shall specify a date by which the State 

23 agency anticipates statewide implementa24 tion described in subparagraph (B)(i). 

25 ‘‘(D) REPORTING.— 


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1 ‘‘(i) IN GENERAL.—Each State agency 

2 shall submit to the Secretary electronic 

3 benefit transfer project status reports to 

4 demonstrate the progress of the State to5 ward statewide implementation. 

6 ‘‘(ii) CONSULTATION.—If a State 

7 agency plans to incorporate additional pro8 grams in the electronic benefit transfer 

9 system of the State, the State agency shall 

10 consult with the State agency officials re11 sponsible for administering the programs 

12 prior to submitting the planning docu13 ments to the Secretary for approval. 

14 ‘‘(iii) REQUIREMENTS.—At a min15 imum, a status report submitted under 

16 clause (i) shall contain— 

17 ‘‘(I) an annual outline of the 

18 electronic benefit transfer implemen19 tation goals and objectives of the 

20 State; 

21 ‘‘(II) appropriate updates in ac22 cordance with approval requirements 

23 for active electronic benefit transfer 

24 State agencies; and 


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1 ‘‘(III) such other information as 

2 the Secretary may require. 

3 ‘‘(E) IMPOSITION OF COSTS ON VEN4 DORS.— 

5 ‘‘(i) COST PROHIBITION.—Except as 

6 otherwise provided in this paragraph, the 

7 Secretary may not impose, or allow a State 

8 agency to impose, the costs of any equip9 ment or system required for electronic ben10 efit transfers on any authorized vendor in 

11 order to transact electronic benefit trans12 fers if the vendor equipment or system is 

13 used solely to support the program. 

14 ‘‘(ii) COST-SHARING.—The Secretary 

15 shall establish criteria for cost-sharing by 

16 State agencies and vendors of costs associ17 ated with any equipment or system that is 

18 not solely dedicated to transacting elec19 tronic benefit transfers for the program. 

20 ‘‘(iii) FEES.— 

21 ‘‘(I) IN GENERAL.—A vendor 

22 that elects to accept electronic benefit 

23 transfers using multifunction equip24 ment shall pay commercial transaction 

25 processing costs and fees imposed by 


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1 a third-party processor that the ven2 dor elects to use to connect to the 

3 electronic benefit transfer system of 

4 the State. 

5 ‘‘(II) INTERCHANGE FEES.—No 

6 interchange fees shall apply to elec7 tronic benefit transfer transactions 

8 under this paragraph. 

9 ‘‘(iv) STATEWIDE OPERATIONS.— 

10 After completion of statewide expansion of 

11 a system for transaction of electronic ben12 efit transfers— 

13 ‘‘(I) a State agency may not be 

14 required to incur ongoing mainte15 nance costs for vendors using multi16 function systems and equipment to 

17 support electronic benefit transfers; 

18 and 

19 ‘‘(II) any retail store in the State 

20 that applies for authorization to be21 come a program vendor shall be re22 quired to demonstrate the capability 

23 to accept program benefits electroni24 cally prior to authorization, unless the 

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1 dor is necessary for participant ac2 cess. 

3 ‘‘(F) MINIMUM LANE COVERAGE.— 

4 ‘‘(i) IN GENERAL.—The Secretary 

5 shall establish minimum lane coverage 

6 guidelines for vendor equipment and sys7 tems used to support electronic benefit 

8 transfers. 

9 ‘‘(ii) PROVISION OF EQUIPMENT.—If 

10 a vendor does not elect to accept electronic 

11 benefit transfers using its own multi12 function equipment, the State agency shall 

13 provide such equipment as is necessary to 

14 solely support the program to meet the es15 tablished minimum lane coverage guide16 lines. 

17 ‘‘(G) TECHNICAL STANDARDS.—The Sec18 retary shall— 

19 ‘‘(i) establish technical standards and 

20 operating rules for electronic benefit trans21 fer systems; and 

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1 pliance with the technical standards and 

2 operating rules.’’. 

3 (e) UNIVERSAL PRODUCT CODES DATABASE.—Sec4 tion 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 

5 1786(h)) is amended by striking paragraph (13) and in6 serting the following: 

7 ‘‘(13) UNIVERSAL PRODUCT CODES DATA8 BASE.— 

9 ‘‘(A) IN GENERAL.—Not later than 2 years 

10 after the date of enactment of the Healthy, 

11 Hunger-Free Kids Act of 2010, the Secretary 

12 shall establish a national universal product code 

13 database to be used by all State agencies in 

14 carrying out the requirements of paragraph 

15 (12). 

16 ‘‘(B) FUNDING.— 

17 ‘‘(i) IN GENERAL.—On October 1, 

18 2010, and on each October 1 thereafter, 

19 out of any funds in the Treasury not oth20 erwise appropriated, the Secretary of the 

21 Treasury shall transfer to the Secretary to 

22 carry out this paragraph $1,000,000, to 

23 remain available until expended. 

24 ‘‘(ii) RECEIPT AND ACCEPTANCE.— 

25 The Secretary shall be entitled to receive, 


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1 shall accept, and shall use to carry out this 

2 paragraph the funds transferred under 

3 clause (i), without further appropriation. 

4 ‘‘(iii) USE OF FUNDS.—The Secretary 

5 shall use the funds provided under clause 

6 (i) for development, hosting, hardware and 

7 software configuration, and support of the 

8 database required under subparagraph 

9 (A).’’. 

10 (f) TEMPORARY SPENDING AUTHORITY.—Section 

11 17(i) of the Child Nutrition Act of 1966 (42 U.S.C. 

12 1786(i)) is amended by adding at the end the following: 

13 ‘‘(8) TEMPORARY SPENDING AUTHORITY.— 

14 During each of fiscal years 2012 and 2013, the Sec15 retary may authorize a State agency to expend more 

16 than the amount otherwise authorized under para17 graph (3)(C) for expenses incurred under this sec18 tion for supplemental foods during the preceding fis19 cal year, if the Secretary determines that— 

20 ‘‘(A) there has been a significant reduction 

21 in reported infant formula cost containment 

22 savings for the preceding fiscal year due to the 

23 implementation of subsection (h)(8)(K); and 


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1 ‘‘(B) the reduction would affect the ability 

2 of the State agency to serve all eligible partici3 pants.’’. 

4 Subtitle E—Miscellaneous 

5 SEC. 361. FULL USE OF FEDERAL FUNDS. 

6 Section 12 of the Richard B. Russell National School 

7 Lunch Act (42 U.S.C. 1760) is amended by striking sub8 section (b) and inserting the following: 

9 ‘‘(b) AGREEMENTS.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall incor11 porate, in the agreement of the Secretary with the 

12 State agencies administering programs authorized 

13 under this Act or the Child Nutrition Act of 1966 

14 (42 U.S.C. 1771 et seq.), the express requirements 

15 with respect to the operation of the programs to the 

16 extent applicable and such other provisions as in the 

17 opinion of the Secretary are reasonably necessary or 

18 appropriate to effectuate the purposes of this Act 

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

20 1771 et seq.). 

21 ‘‘(2) EXPECTATIONS FOR USE OF FUNDS.— 

22 Agreements described in paragraph (1) shall include 

23 a provision that— 

24 ‘‘(A) supports full use of Federal funds 

25 provided to State agencies for the administraVerDate Mar 15 2010 21:03 Aug 10, 2010 Jkt 089200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S3307.RFH S3307

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1 tion of programs authorized under this Act or 

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

3 1771 et seq.); and 

4 ‘‘(B) excludes the Federal funds from 

5 State budget restrictions or limitations includ6 ing, at a minimum— 

7 ‘‘(i) hiring freezes; 

8 ‘‘(ii) work furloughs; and 

9 ‘‘(iii) travel restrictions.’’. 

10 SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND IN11 DIVIDUALS. 

12 Section 12 of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1760) (as amended by section 206) 

14 is amended by adding at the end the following: 

15 ‘‘(r) DISQUALIFIED SCHOOLS, INSTITUTIONS, AND

16 INDIVIDUALS.—Any school, institution, service institution, 

17 facility, or individual that has been terminated from any 

18 program authorized under this Act or the Child Nutrition 

19 Act of 1966 (42 U.S.C. 1771 et seq.) and is on a list of 

20 disqualified institutions and individuals under section 13 

21 or section 17(d)(5)(E) of this Act may not be approved 

22 to participate in or administer any program authorized 

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

24 U.S.C. 1771 et seq.).’’. 


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1 TITLE IV—MISCELLANEOUS 

2 Subtitle A—Reauthorization of 

3 Expiring Provisions 

4 PART I—RICHARD B. RUSSELL NATIONAL 

5 SCHOOL LUNCH ACT 

6 SEC. 401. COMMODITY SUPPORT. 

7 Section 6(e)(1)(B) of the Richard B. Russell National 

8 School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended 

9 by striking ‘‘September 30, 2010’’ and inserting ‘‘Sep10 tember 30, 2020’’. 

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

12 Section 9(h) of the Richard B. Russell National 

13 School Lunch Act (42 U.S.C. 1758(h)) is amended— 

14 (1) in paragraph (3), by striking ‘‘2006 

15 through 2010’’ and inserting ‘‘2011 through 2015’’; 

16 and 

17 (2) in paragraph (4), by striking ‘‘2006 

18 through 2010’’ and inserting ‘‘2011 through 2015’’. 

19 SEC. 403. PROCUREMENT TRAINING. 

20 Section 12(m)(4) of the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1760(m)(4)) is amended by 

22 striking ‘‘2005 through 2009’’ and inserting ‘‘2010 

23 through 2015’’. 


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1 SEC. 404. AUTHORIZATION OF THE SUMMER FOOD SERVICE 

2 PROGRAM FOR CHILDREN. 

3 Subsection (r) of section 13 of the Richard B. Russell 

4 National School Lunch Act (42 U.S.C. 1761) (as redesig5 nated by section 322(1)) is amended by striking ‘‘Sep6 tember 30, 2009’’ and inserting ‘‘September 30, 2015’’. 

7 SEC. 405. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES. 

8 Subsection (i)(5) of section 18 of the Richard B. Rus9 sell National School Lunch Act (42 U.S.C. 1769) (as re10 designated by section 243(1)) is amended by striking 

11 ‘‘2005 through 2010’’ and inserting ‘‘2011 through 

12 2015’’. 

13 SEC. 406. TRAINING, TECHNICAL ASSISTANCE, AND FOOD 

14 SERVICE MANAGEMENT INSTITUTE. 

15 Section 21(e) of the Richard B. Russell National 

16 School Lunch Act (42 U.S.C. 1769b–1(e)) is amended— 

17 (1) by striking ‘‘(e) AUTHORIZATION OF AP18 PROPRIATIONS’’ and all that follows through the end 

19 of paragraph (2)(A) and inserting the following: 

20 ‘‘(e) FOOD SERVICE MANAGEMENT INSTITUTE.— 

21 ‘‘(1) FUNDING.— 

22 ‘‘(A) IN GENERAL.—In addition to any 

23 amounts otherwise made available for fiscal 

24 year 2011, on October 1, 2010, and each Octo25 ber 1 thereafter, out of any funds in the Treas26 ury not otherwise appropriated, the Secretary of 


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1 the Treasury shall transfer to the Secretary to 

2 carry out subsection (a)(2) $5,000,000, to re3 main available until expended. 

4 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

5 Secretary shall be entitled to receive, shall ac6 cept, and shall use to carry out subsection 

7 (a)(2) the funds transferred under subpara8 graph (A), without further appropriation.’’; 

9 (2) by redesignating subparagraphs (B) and 

10 (C) as paragraphs (2) and (3), respectively, and in11 denting appropriately; 

12 (3) in paragraph (2) (as so redesignated), by 

13 striking ‘‘subparagraph (A)’’ each place it appears 

14 and inserting ‘‘paragraph (1)’’; and 

15 (4) in paragraph (3) (as so redesignated), by 

16 striking ‘‘subparagraphs (A) and (B)’’ and inserting 

17 ‘‘paragraphs (1) and (2)’’. 

18 SEC. 407. FEDERAL ADMINISTRATIVE SUPPORT. 

19 Section 21(g)(1)(A)) of the Richard B. Russell Na20 tional School Lunch Act (42 U.S.C. 1769b–1(g)(1)(A)) is 

21 amended— 

22 (1) in clause (i), by striking ‘‘and’’ at the end; 

23 (2) in clause(ii), by striking the period at the 

24 end and inserting ‘‘; and’’ 

25 (3) and by adding at the end the following: 


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1 ‘‘(iii) on October 1, 2010, and every 

2 October 1 thereafter, $4,000,000.’’. 

3 SEC. 408. COMPLIANCE AND ACCOUNTABILITY. 

4 Section 22(d) of the Richard B. Russell National 

5 School Lunch Act (42 U.S.C. 1769c(d)) is amended by 

6 striking ‘‘$6,000,000 for each of fiscal years 2004 through 

7 2009’’ and inserting ‘‘$10,000,000 for each of fiscal years 

8 2011 through 2015’’. 

9 SEC. 409. INFORMATION CLEARINGHOUSE. 

10 Section 26(d) of the Richard B. Russell National 

11 School Lunch Act (42 U.S.C. 1769g(d)) is amended in 

12 the first sentence by striking ‘‘2005 through 2010’’ and 

13 inserting ‘‘2010 through 2015’’. 

14 PART II—CHILD NUTRITION ACT OF 1966 

15 SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT. 

16 Section 7(i)(4) of the Child Nutrition Act of 1966 

17 (42 U.S.C. 1776(i)(4)) is amended by striking ‘‘2005 

18 through 2009’’ and inserting ‘‘2010 through 2015’’. 

19 SEC. 422. STATE ADMINISTRATIVE EXPENSES. 

20 Section 7(j) of the Child Nutrition Act of 1966 (42 

21 U.S.C. 1776(j)) is amended by striking ‘‘October 1, 2009’’ 

22 and inserting ‘‘October 1, 2015’’. 


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1 SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 

2 FOR WOMEN, INFANTS, AND CHILDREN. 

3 Section 17(g)(1)(A) of the Child Nutrition Act of 

4 1966 (42 U.S.C. 1786(g)(1)(A)) is amended by striking 

5 ‘‘each of fiscal years 2004 through 2009’’ and inserting 

6 ‘‘each of fiscal years 2010 through 2015’’. 

7 SEC. 424. FARMERS MARKET NUTRITION PROGRAM. 

8 Section 17(m)(9) of the Child Nutrition Act of 1966 

9 (42 U.S.C. 1786(m)(9)) is amended by striking subpara10 graph (A) and inserting the following: 

11 ‘‘(A) AUTHORIZATION OF APPROPRIA12 TIONS.—There are authorized to be appro13 priated to carry out this subsection such sums 

14 as are necessary for each of fiscal years 2010 

15 through 2015.’’. 

16 Subtitle B—Technical Amendments 

17 SEC. 441. TECHNICAL AMENDMENTS. 

18 (a) RICHARD B. RUSSELL NATIONAL SCHOOL

19 LUNCH ACT.— 

20 (1) NUTRITIONAL REQUIREMENTS.—Section 

21 9(f) of the Richard B. Russell National School 

22 Lunch Act (42 U.S.C. 1758(f)) is amended— 

23 (A) by striking ‘‘(f)’’ and all that follows 

24 through the end of paragraph (1) and inserting 

25 the following: 

26 ‘‘(f) NUTRITIONAL REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—Schools that are partici2 pating in the school lunch program or school break3 fast program shall serve lunches and breakfasts 

4 that— 

5 ‘‘(A) are consistent with the goals of the 

6 most recent Dietary Guidelines for Americans 

7 published under section 301 of the National 

8 Nutrition Monitoring and Related Research Act 

9 of 1990 (7 U.S.C. 5341); and 

10 ‘‘(B) consider the nutrient needs of chil11 dren who may be at risk for inadequate food in12 take and food insecurity.’’; 

13 (B) by striking paragraph (2); and 

14 (C) by redesignating paragraphs (3) 

15 through (5) as paragraphs (2) through (4), re16 spectively. 

17 (2) ROUNDING RULES FOR COMPUTATION OF

18 ADJUSTMENT.—Section 11(a)(3)(B) of the Richard 

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

20 1759a(a)(3)(B)) is amended by striking ‘‘ROUND21 ING.—’’ and all that follows through ‘‘On July’’ in 

22 subclause (II) and inserting ‘‘ROUNDING.—On 

23 July’’. 

24 (3) INFORMATION AND ASSISTANCE CON25 CERNING REIMBURSEMENT OPTIONS.—Section 11 of 


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1 the Richard B. Russell National School Lunch Act 

2 (42 U.S.C. 1759a) is amended by striking subsection 

3 (f). 

4 (4) 1995 REGULATIONS TO IMPLEMENT DIE5 TARY GUIDELINES.—Section 12 of the Richard B. 

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

7 1760) is amended by striking subsection (k). 

8 (5) SUMMER FOOD SERVICE PROGRAM FOR

9 CHILDREN.— 

10 (A) IN GENERAL.—Section 13 of the Rich11 ard B. Russell National School Lunch Act (42 

12 U.S.C. 1761) is amended by striking the section 

13 heading and all that follows through the end of 

14 subsection (a)(1) and inserting the following: 

15 ‘‘SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHIL16 DREN. 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) DEFINITIONS.—In this section: 

19 ‘‘(A) AREA IN WHICH POOR ECONOMIC

20 CONDITIONS EXIST.— 

21 ‘‘(i) IN GENERAL.—Subject to clause 

22 (ii), the term ‘area in which poor economic 

23 conditions exist’, as the term relates to an 

24 area in which a program food service site 

25 is located, means— 


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1 ‘‘(I) the attendance area of a 

2 school in which at least 50 percent of 

3 the enrolled children have been deter4 mined eligible for free or reduced 

5 price school meals under this Act and 

6 the Child Nutrition Act of 1966 (42 

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

8 ‘‘(II) a geographic area, as de9 fined by the Secretary based on the 

10 most recent census data available, in 

11 which at least 50 percent of the chil12 dren residing in that area are eligible 

13 for free or reduced price school meals 

14 under this Act and the Child Nutri15 tion Act of 1966 (42 U.S.C. 1771 et 

16 seq.); 

17 ‘‘(III) an area— 

18 ‘‘(aa) for which the program 

19 food service site documents the 

20 eligibility of enrolled children 

21 through the collection of income 

22 eligibility statements from the 

23 families of enrolled children or 

24 other means; and 


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1 ‘‘(bb) at least 50 percent of 

2 the children enrolled at the pro3 gram food service site meet the 

4 income standards for free or re5 duced price school meals under 

6 this Act and the Child Nutrition 

7 Act of 1966 (42 U.S.C. 1771 et 

8 seq.); 

9 ‘‘(IV) a geographic area, as de10 fined by the Secretary based on infor11 mation provided from a department of 

12 welfare or zoning commission, in 

13 which at least 50 percent of the chil14 dren residing in that area are eligible 

15 for free or reduced price school meals 

16 under this Act and the Child Nutri17 tion Act of 1966 (42 U.S.C. 1771 et 

18 seq.); or 

19 ‘‘(V) an area for which the pro20 gram food service site demonstrates 

21 through other means approved by the 

22 Secretary that at least 50 percent of 

23 the children enrolled at the program 

24 food service site are eligible for free or 

25 reduced price school meals under this 


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1 Act and the Child Nutrition Act of 

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

3 ‘‘(ii) DURATION OF DETERMINA4 TION.—A determination that an area is an 

5 ‘area in which poor economic conditions 

6 exist’ under clause (i) shall be in effect 

7 for— 

8 ‘‘(I) in the case of an area de9 scribed in clause (i)(I), 5 years; 

10 ‘‘(II) in the case of an area de11 scribed in clause (i)(II), until more re12 cent census data are available; 

13 ‘‘(III) in the case of an area de14 scribed in clause (i)(III), 1 year; and 

15 ‘‘(IV) in the case of an area de16 scribed in subclause (IV) or (V) of 

17 clause (i), a period of time to be de18 termined by the Secretary, but not 

19 less than 1 year. 

20 ‘‘(B) CHILDREN.—The term ‘children’ 

21 means— 

22 ‘‘(i) individuals who are 18 years of 

23 age and under; and 

24 ‘‘(ii) individuals who are older than 18 

25 years of age who are— 


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1 ‘‘(I) determined by a State edu2 cational agency or a local public edu3 cational agency of a State, in accord4 ance with regulations promulgated by 

5 the Secretary, to have a disability, 

6 and 

7 ‘‘(II) participating in a public or 

8 nonprofit private school program es9 tablished for individuals who have a 

10 disability. 

11 ‘‘(C) PROGRAM.—The term ‘program’ 

12 means the summer food service program for 

13 children authorized by this section. 

14 ‘‘(D) SERVICE INSTITUTION.—The term 

15 ‘service institution’ means a public or private 

16 nonprofit school food authority, local, munic17 ipal, or county government, public or private 

18 nonprofit higher education institution partici19 pating in the National Youth Sports Program, 

20 or residential public or private nonprofit sum21 mer camp, that develops special summer or 

22 school vacation programs providing food service 

23 similar to food service made available to chil24 dren during the school year under the school 

25 lunch program under this Act or the school 


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1 breakfast program under the Child Nutrition 

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

3 ‘‘(E) STATE.—The term ‘State’ means— 

4 ‘‘(i) each of the several States of the 

5 United States; 

6 ‘‘(ii) the District of Columbia; 

7 ‘‘(iii) the Commonwealth of Puerto 

8 Rico; 

9 ‘‘(iv) Guam; 

10 ‘‘(v) American Samoa; 

11 ‘‘(vi) the Commonwealth of the North12 ern Mariana Islands; and 

13 ‘‘(vii) the United States Virgin Is14 lands.’’. 

15 (B) CONFORMING AMENDMENTS.—Section 

16 13(a) of the Richard B. Russell National School 

17 Lunch Act (42 U.S.C. 1761(a)) is amended— 

18 (i) in paragraph (2)— 

19 (I) by striking ‘‘(2) To the max20 imum extent feasible,’’ and inserting 

21 the following: 

22 ‘‘(2) PROGRAM AUTHORIZATION.— 

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

24 carry out a program to assist States, through 

25 grants-in-aid and other means, to initiate and 


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1 maintain nonprofit summer food service pro2 grams for children in service institutions. 

3 ‘‘(B) PREPARATION OF FOOD.— 

4 ‘‘(i) IN GENERAL.—To the maximum 

5 extent feasible,’’; and 

6 (II) by striking ‘‘The Secretary 

7 shall’’ and inserting the following: 

8 ‘‘(ii) INFORMATION AND TECHNICAL

9 ASSISTANCE.—The Secretary shall’’; 

10 (ii) in paragraph (3)— 

11 (I) by striking ‘‘(3) Eligible serv12 ice institutions’’ and inserting the fol13 lowing: 

14 ‘‘(3) ELIGIBLE SERVICE INSTITUTIONS.—Eligi15 ble service institutions’’; and 

16 (II) by indenting subparagraphs 

17 (A) through (D) appropriately; 

18 (iii) in paragraph (4)— 

19 (I) by redesignating subpara20 graphs (A) through (D) as clauses (i) 

21 through (iv), respectively, and indent22 ing appropriately; 

23 (II) by striking ‘‘(4) The fol24 lowing’’ and inserting the following: 

25 ‘‘(4) PRIORITY.— 


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1 ‘‘(A) IN GENERAL.—The following’’; and 

2 (III) by striking ‘‘The Secretary 

3 and the States’’ and inserting the fol4 lowing: 

5 ‘‘(B) RURAL AREAS.—The Secretary and 

6 the States’’; 

7 (iv) by striking ‘‘(5) Camps’’ and in8 serting the following: 

9 ‘‘(5) CAMPS.—Camps’’; and 

10 (v) by striking ‘‘(6) Service institu11 tions’’ and inserting the following: 

12 ‘‘(6) GOVERNMENT INSTITUTIONS.—Service in13 stitutions’’. 

14 (6) REPORT ON IMPACT OF PROCEDURES TO

15 SECURE STATE SCHOOL INPUT ON COMMODITY SE16 LECTION.—Section 14(d) of the Richard B. Russell 

17 National School Lunch Act (42 U.S.C. 1762a(d)) is 

18 amended by striking the matter that follows para19 graph (5). 

20 (7) RURAL AREA DAY CARE HOME PILOT PRO21 GRAM.—Section 17 of the Richard B. Russell Na22 tional School Lunch Act (42 U.S.C. 1766) is amend23 ed by striking subsection (p). 

24 (8) CHILD AND ADULT CARE FOOD PROGRAM

25 TRAINING AND TECHNICAL ASSISTANCE.—Section 


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1 17(q) of the Richard B. Russell National School 

2 Lunch Act (42 U.S.C. 1766(q)) is amended by strik3 ing paragraph (3). 

4 (9) PILOT PROJECT FOR PRIVATE NONPROFIT

5 STATE AGENCIES.—Section 18 of the Richard B. 

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

7 1769) is amended by striking subsection (a). 

8 (10) MEAL COUNTING AND APPLICATION PILOT

9 PROGRAMS.—Section 18(c) of the Richard B. Russell 

10 National School Lunch Act (42 U.S.C. 1769(c)) is 

11 amended— 

12 (A) by striking paragraphs (1) and (2); 

13 (B) by redesignating paragraphs (3) and 

14 (4) as paragraphs (1) and (2), respectively; and 

15 (C) in paragraph (1) (as so redesignated), 

16 by striking ‘‘In addition to the pilot projects de17 scribed in this subsection, the Secretary may 

18 conduct other’’ and inserting ‘‘The Secretary 

19 may conduct’’. 

20 (11) MILK FORTIFICATION PILOT.—Section 18 

21 of the Richard B. Russell National School Lunch 

22 Act (42 U.S.C. 1769) is amended by striking sub23 section (d). 

24 (12) FREE BREAKFAST PILOT PROJECT.—Sec25 tion 18 of the Richard B. Russell National School 


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1 Lunch Act (42 U.S.C. 1769) is amended by striking 

2 subsection (e). 

3 (13) SUMMER FOOD SERVICE RESIDENTIAL

4 CAMP ELIGIBILITY.—Section 18 of the Richard B. 

5 Russell National School Lunch Act (42 U.S.C. 

6 1769) is amended by striking subsection (f). 

7 (14) ACCOMMODATION OF THE SPECIAL DIE8 TARY NEEDS OF INDIVIDUALS WITH DISABILITIES.— 

9 Section 27 of the Richard B. Russell National 

10 School Lunch Act (42 U.S.C. 1769h) is repealed. 

11 (b) CHILD NUTRITION ACT OF 1966.— 

12 (1) STATE ADMINISTRATIVE EXPENSES MIN13 IMUM LEVELS FOR 2005 THROUGH 2007.—Section 

14 7(a)(1) of the Child Nutrition Act of 1966 (42 

15 U.S.C. 1776(a)(1)) is amended— 

16 (A) in subparagraph (A), by striking ‘‘Ex17 cept as provided in subparagraph (B), each fis18 cal year’’ and inserting ‘‘Each fiscal year’’; 

19 (B) by striking subparagraph (B); and 

20 (C) by redesignating subparagraph (C) as 

21 subparagraph (B). 

22 (2) FRUIT AND VEGETABLE GRANTS UNDER

23 THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

24 FOR WOMEN, INFANTS, AND CHILDREN.—Section 


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1 17(f)(11) of the Child Nutrition Act of 1966 (42 

2 U.S.C. 1786(f)(11)) is amended— 

3 (A) by striking subparagraph (C); and 

4 (B) by redesignating subparagraph (D) as 

5 subparagraph (C). 

6 SEC. 442. USE OF UNSPENT FUTURE FUNDS FROM THE 

7 AMERICAN RECOVERY AND REINVESTMENT 

8 ACT OF 2009. 

9 Section 101(a) of division A of the American Recov10 ery and Reinvestment Act of 2009 (Public Law 111–5; 

11 123 Stat. 120) is amended— 

12 (1) in paragraph (1), by inserting before the pe13 riod at the end ‘‘, if the value of the benefits and 

14 block grants would be greater under that calculation 

15 than in the absence of this subsection’’; and 

16 (2) by striking paragraph (2) and inserting the 

17 following: 

18 ‘‘(2) TERMINATION.—The authority provided by 

19 this subsection shall terminate after October 31, 

20 2013.’’. 

21 SEC. 443. EQUIPMENT ASSISTANCE TECHNICAL CORREC22 TION. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, school food authorities that received a grant 

25 for equipment assistance under the grant program carried 


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1 out under the heading ‘‘FOOD AND NUTRITION 

2 SERVICE CHILD NUTRITION PROGRAMS’’ in title 

3 I of division A of the American Recovery and Reinvest4 ment Act of 2009 (Public Law 111–5; 123 Stat. 119) shall 

5 be eligible to receive a grant under section 749(j) of the 

6 Agriculture, Rural Development, Food and Drug Adminis7 tration, and Related Agencies Appropriations Act, 2010 

8 (Public Law 111–80; 123 Stat. 2134). 

9 (b) USE OF GRANT.—A school food authority receiv10 ing a grant for equipment assistance described in sub11 section (a) may use the grant only to make equipment 

12 available to schools that did not previously receive equip13 ment from a grant under the American Recovery and Re14 investment Act of 2009 (Public Law 111–5; 123 Stat. 

15 115). 

16 SEC. 444. BUDGETARY EFFECTS. 

17 The budgetary effects of this Act, for the purpose of 

18 complying with the Statutory Pay-As-You-Go-Act of 2010, 

19 shall be determined by reference to the latest statement 

20 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

21 Act, submitted for printing in the Congressional Record 

22 by the Chairman of the Senate Budget Committee, pro23 vided that such statement has been submitted prior to the 

24 vote on passage. 


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1 SEC. 445. EFFECTIVE DATE. 

2 Except as otherwise specifically provided in this Act 

3 or any of the amendments made by this Act, this Act and 

4 the amendments made by this Act take effect on October 

5 1, 2010. 

Passed the Senate August 5, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 


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