246 
‘‘(ii) individuals who are older than 18 
years of age who are— 
‘‘(I) determined by a State edu-
cational agency or a local public edu-
cational agency of a State, in accord-
ance with regulations promulgated by 
the Secretary, to have a disability; 
and 
‘‘(II) participating in a public or 
nonprofit private school program es-
tablished for individuals who have a 
disability. 
‘‘(C) 
PROGRAM.—The 
term 
program 
means the summer food service program for 
children authorized by this section. 
‘‘(D) SERVICE
INSTITUTION.—The term 
service institution means a public or private 
nonprofit school food authority, local, munic-
ipal, or county government, public or private 
nonprofit higher education institution partici-
pating in the National Youth Sports Program, 
or residential public or private nonprofit sum-
mer camp, that develops special summer or 
school vacation programs providing food service 
similar to food service made available to chil-
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247 
dren during the school year under the school 
lunch program under this Act or the school 
breakfast program under the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.). 
‘‘(E) STATE.—The term ‘State’ means— 
‘‘(i) each of the several States of the 
United States; 
‘‘(ii) the District of Columbia; 
‘‘(iii) the Commonwealth of Puerto 
Rico; 
‘‘(iv) Guam; 
‘‘(v) American Samoa; 
‘‘(vi) the Commonwealth of the North-
ern Mariana Islands; and 
‘‘(vii) the United States Virgin Is-
lands.’’. 
(B) CONFORMING AMENDMENTS.—Section 
13(a) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1761(a)) (as amended by 
section 113) is further amended— 
(i) in paragraph (2)— 
(I) by striking ‘‘(2) To the max-
imum extent feasible,’’ and inserting 
the following: 
‘‘(2) PROGRAM AUTHORIZATION.— 
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248 
‘‘(A) IN
GENERAL.—The Secretary may 
carry out a program to assist States, through 
grants-in-aid and other means, to initiate and 
maintain nonprofit summer food service pro-
grams for children in service institutions. 
‘‘(B) PREPARATION OF FOOD.— 
‘‘(i) IN GENERAL.—To the maximum 
extent feasible,’’; and 
(II) by striking ‘‘The Secretary 
shall’’ and inserting the following: 
‘‘(ii) INFORMATION
AND
TECHNICAL 
ASSISTANCE.—The Secretary shall’’; 
(ii) in paragraph (3)— 
(I) by striking ‘‘(3) Eligible serv-
ice institutions’’ and inserting the fol-
lowing: 
‘‘(3) ELIGIBLE SERVICE INSTITUTIONS.—Eligi-
ble service institutions’’; and 
(II) by indenting subparagraphs 
(A) through (D) appropriately; 
(iii) in paragraph (4)— 
(I) by redesignating subpara-
graphs (A) through (D) as clauses (i) 
through (iv), respectively, and indent-
ing appropriately; 
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249 
(II) by striking ‘‘(4) The fol-
lowing’’ and inserting the following: 
‘‘(4) PRIORITY.— 
‘‘(A) IN GENERAL.—The following’’; and 
(III) by striking ‘‘The Secretary 
and the States’’ and inserting the fol-
lowing: 
‘‘(B) RURAL AREAS.—The Secretary and 
the States’’; 
(iv) by striking ‘‘(5) Camps’’ and in-
serting the following: 
‘‘(5) CAMPS.—Camps’’; and 
(v) by striking ‘‘(6) Service institu-
tions’’ and inserting the following: 
‘‘(6) GOVERNMENT INSTITUTIONS.—Service in-
stitutions’’. 
(6) REPORT ON IMPACT OF PROCEDURES TO 
SECURE STATE SCHOOL INPUT ON COMMODITY SE-
LECTION.—Section 14(d) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1762a(d)) is 
amended by striking the matter that follows para-
graph (5). 
(7) RURAL AREA DAY CARE HOME PILOT PRO-
GRAM.—Section 17 of the Richard B. Russell Na-
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250 
tional School Lunch Act (42 U.S.C. 1766) is amend-
ed by striking subsection (p). 
(8) CHILD AND ADULT CARE FOOD PROGRAM 
TRAINING
AND
TECHNICAL
ASSISTANCE.—Section 
17(q) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1766(q)) is amended by strik-
ing paragraph (3). 
(9) PILOT PROJECT FOR PRIVATE NONPROFIT 
STATE
AGENCIES.—Section 18 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1769) is amended by striking subsection (a). 
(10) MEAL COUNTING AND APPLICATION PILOT 
PROGRAMS.—Section 18(c) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1769(c)) is 
amended— 
(A) by striking paragraphs (1) and (2); 
and 
(B) by redesignating paragraphs (3) and 
(4) as paragraphs (1) and (2), respectively. 
(11) MILK FORTIFICATION PILOT.—Section 18 
of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769) is amended by striking sub-
section (d). 
(12) FREE BREAKFAST PILOT PROJECT.—Sec-
tion 18 of the Richard B. Russell National School 
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251 
Lunch Act (42 U.S.C. 1769) is amended by striking 
subsection (e). 
(13) SUMMER
FOOD
SERVICE
RESIDENTIAL 
CAMP ELIGIBILITY.—Section 18 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1769) is amended by striking subsection (f). 
(14) FRESH
FRUIT
AND
VEGETABLE
PRO-
GRAM.—Subsection (b) of section 19 of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1769a(b)) is amended to read as follows: 
‘‘(b) PROGRAM.—A school participating in the pro-
gram— 
‘‘(1) shall make free fresh fruits and vegetables 
available to students throughout the school day (or 
at such other times as are considered appropriate by 
the Secretary) in 1 or more areas designated by the 
school; and 
‘‘(2) may make free dried fruit available to stu-
dents throughout the school day (or at such other 
times as are considered appropriate by the Sec-
retary) in 1 or more areas designated by the school 
only if such dried fruit— 
‘‘(A) contains no added sugar; and 
‘‘(B) meets any additional specifications, 
as established by the Secretary.’’. 
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252 
(15) ACCOMMODATION OF THE SPECIAL DIE-
TARY NEEDS OF INDIVIDUALS WITH DISABILITIES.— 
Section 27 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769h) is repealed. 
(b) CHILD NUTRITION ACT OF 1966.— 
(1) STATE
ADMINISTRATIVE
EXPENSES
MIN-
IMUM
LEVELS
FOR
2005
THROUGH
2007.—Section 
7(a)(1) of the Child Nutrition Act of 1966 (42 
U.S.C. 1776(a)(1)) is amended— 
(A) in subparagraph (A), by striking ‘‘Ex-
cept as provided in subparagraph (B), each fis-
cal year’’ and inserting ‘‘Each fiscal year’’; 
(B) by striking subparagraph (B); and 
(C) by redesignating subparagraph (C) as 
subparagraph (B). 
(2) FRUIT
AND
VEGETABLE
GRANTS
UNDER 
THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 
FOR
WOMEN, INFANTS, AND
CHILDREN.—Section 
17(f)(11) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(f)(11)) is amended— 
(A) by striking subparagraph (C); and 
(B) by redesignating subparagraph (D) (as 
amended by section 232) and subparagraph (E) 
as subparagraphs (C) and (D), respectively. 
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253 
SEC. 442. EQUIPMENT ASSISTANCE TECHNICAL CORREC-
TION. 
Notwithstanding any other provision of law, school 
food authorities that received a grant for equipment as-
sistance under the grant program carried out under the 
heading ‘‘Food and Nutrition Service Child Nutrition Pro-
grams’’ in title I of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111–5; 123 
Stat. 119) shall be eligible to receive a grant under section 
749(j) of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropria-
tions Act, 2010 (Public Law 111–80; 123 Stat. 2134) to 
make equipment available to schools that did not pre-
viously receive equipment assistance under a grant under 
such heading (Public Law 111–5; 123 Stat. 119). 
SEC. 443. BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the Senate Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
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SEC. 444. EFFECTIVE DATE. 
Except as otherwise specifically provided in this Act 
or any of the amendments made by this Act, this Act and 
the amendments made by this Act take effect on October 
1, 2010. 
Æ 
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