gible institution for the distribution of nutri-
tious foods to at-risk school children, includ-
ing— 
‘‘(i) methods of food service delivery 
to at-risk school children; 
‘‘(ii) assurances that children receiv-
ing foods under the project will not be pub-
licly separated or overtly identified; 
‘‘(iii) lists of the types of food to be 
provided under the project and provisions 
to ensure food quality and safety; 
‘‘(iv) information on the number of 
at-risk school children to be served and the 
per-child cost of providing the children 
with food; and 
‘‘(v) such other information as the 
Secretary determines to be necessary to as-
sist the Secretary in evaluating projects 
that receive commodities under this sub-
section. 
‘‘(3) PRIORITY.—In selecting applications under 
this subsection, the Secretary shall give priority to 
eligible institutions that— 
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‘‘(A) have on-going programs and experi-
ence serving populations with significant pro-
portions of at-risk school children; 
‘‘(B) have a good record of experience in 
food delivery and food safety systems; 
‘‘(C) maintain high quality control, ac-
countability, and recordkeeping standards; 
‘‘(D) 
provide 
children 
with 
readily 
consumable food of high nutrient content and 
quality; 
‘‘(E) demonstrate cost efficiencies and the 
potential for obtaining supplemental funding 
from non-Federal sources to carry out projects; 
and 
‘‘(F) demonstrate the ability to continue 
projects for the full approved term of the pilot 
project period. 
‘‘(4) GUIDELINES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
issue guidelines containing the criteria for 
projects to receive commodities under this sec-
tion. 
‘‘(B) INCLUSIONS.—The guidelines shall, 
to the maximum extent practicable within the 
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funds available and applications submitted, take 
into account— 
‘‘(i) geographical variations in project 
locations to include qualifying projects in 
rural, urban, and suburban areas with high 
proportions of families with at-risk school 
children; 
‘‘(ii) different types of projects that 
offer nutritious foods on weekends and 
during school holidays to at-risk school 
children; and 
‘‘(iii) institutional capacity to collect, 
maintain, and provide statistically valid in-
formation necessary for the Secretary— 
‘‘(I) to analyze and evaluate the 
results of the pilot project; and 
‘‘(II) to make recommendations 
to Congress. 
‘‘(5) EVALUATION.— 
‘‘(A) INTERIM
EVALUATION.—Not later 
than November 30, 2013, the Secretary shall 
complete an interim evaluation of the pilot pro-
gram carried out under this subsection. 
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‘‘(B) FINAL REPORT.—Not later than De-
cember 31, 2015, the Secretary shall submit to 
Congress a final report that contains— 
‘‘(i) an evaluation of the pilot pro-
gram carried out under this subsection; 
and 
‘‘(ii) any recommendations of the Sec-
retary for legislative action. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) AT-RISK SCHOOL CHILD.—The term 
‘at-risk school child’ has the meaning given the 
term in section 17(r)(1). 
‘‘(B) ELIGIBLE INSTITUTION.— 
‘‘(i) IN GENERAL.—The term ‘eligible 
institution’ means a public or private non-
profit institution that is determined by the 
Secretary to be able to meet safe food stor-
age, handling, and delivery standards es-
tablished by the Secretary. 
‘‘(ii) INCLUSIONS.—The term ‘eligible 
institution’ includes— 
‘‘(I) an elementary or secondary 
school or school food service authority; 
‘‘(II) a food bank or food pantry; 
‘‘(III) a homeless shelter; and 
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‘‘(IV) such other type of emer-
gency feeding agency as is approved 
by the Secretary. 
‘‘(7) FUNDING.—There are authorized to be ap-
propriated such sums as may be necessary to carry 
out this subsection for each of fiscal years 2011 
through 2015.’’. 
TITLE II—IMPROVING 
NUTRITION QUALITY 
Subtitle A—School Nutrition 
Programs 
SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE 
INCREASES FOR NEW MEAL PATTERNS. 
Section 4(b) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1753(b)) is amended by add-
ing at the end the following: 
‘‘(3) ADDITIONAL REIMBURSEMENT.— 
‘‘(A) REGULATIONS.— 
‘‘(i) PROPOSED REGULATIONS.—Not-
withstanding section 9(f), not later than 
18 months after the date of enactment of 
this paragraph, the Secretary shall promul-
gate proposed regulations to update the 
meal patterns and nutrition standards for 
the school lunch program authorized under 
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this Act and the school breakfast program 
established by section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773) based 
on recommendations made by the Food 
and Nutrition Board of the National Re-
search Council of the National Academy of 
Sciences. 
‘‘(ii) INTERIM
OR
FINAL
REGULA-
TIONS.— 
‘‘(I) IN
GENERAL.—Not later 
than 18 months after promulgation of 
the proposed regulations under clause 
(i), the Secretary shall promulgate in-
terim or final regulations. 
‘‘(II) DATE OF REQUIRED COM-
PLIANCE.—The Secretary shall estab-
lish in the interim or final regulations 
a date by which all school food au-
thorities participating in the school 
lunch program authorized under this 
Act and the school breakfast program 
established by section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 
1773) are required to comply with the 
meal pattern and nutrition standards 
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established in the interim or final reg-
ulations. 
‘‘(iii) REPORT
TO
CONGRESS.—Not 
later than 90 days after the date of enact-
ment of this paragraph, and each 90 days 
thereafter until the Secretary has promul-
gated interim or final regulations under 
clause (ii), the Secretary shall submit to 
the Committee on Education and Labor of 
the House of Representatives and the 
Committee on Agriculture, Nutrition, and 
Forestry of the Senate a quarterly report 
on progress made toward promulgation of 
the regulations described in this subpara-
graph. 
‘‘(B) PERFORMANCE-BASED
REIMBURSE-
MENT RATE INCREASE.—Beginning on the later 
of the date of promulgation of the interim or 
final regulations described in subparagraph 
(A)(ii), the date of enactment of this para-
graph, or October 1, 2012, the Secretary shall 
provide additional reimbursement for each 
lunch served in school food authorities deter-
mined to be eligible under subparagraph (D). 
‘‘(C) ADDITIONAL REIMBURSEMENT.— 
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100 
‘‘(i) IN GENERAL.—Each lunch served 
in school food authorities determined to be 
eligible under subparagraph (D) shall re-
ceive an additional 6 cents, adjusted in ac-
cordance with section 11(a)(3), to the na-
tional lunch average payment for each 
lunch served. 
‘‘(ii) 
DISBURSEMENT.—The 
State 
agency shall disburse funds made available 
under this paragraph to school food au-
thorities eligible to receive additional reim-
bursement. 
‘‘(D) ELIGIBLE
SCHOOL
FOOD
AUTHOR-
ITY.—To be eligible to receive an additional re-
imbursement described in this paragraph, a 
school food authority shall be certified by the 
State to be in compliance with the interim or 
final regulations described in subparagraph 
(A)(ii). 
‘‘(E) FAILURE TO COMPLY.—Beginning on 
the later of the date described in subparagraph 
(A)(ii)(II), the date of enactment of this para-
graph, or October 1, 2012, school food authori-
ties found to be out of compliance with the 
meal patterns or nutrition standards established 
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101 
by the interim or final regulations shall not re-
ceive the additional reimbursement for each 
lunch served described in this paragraph. 
‘‘(F) ADMINISTRATIVE COSTS.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), the Secretary shall make 
funds available to States for State activi-
ties related to training, technical assist-
ance, certification, and oversight activities 
of this paragraph. 
‘‘(ii) PROVISION
OF
FUNDS.—The 
Secretary shall provide funds described in 
clause (i) to States administering a school 
lunch program in a manner proportional 
with each State’s administrative expense 
allocation under section 7(a)(2) of the 
Child Nutrition Act of 1966 (42 U.S.C. 
1776(a)(2)). 
‘‘(iii) FUNDING.— 
‘‘(I) IN GENERAL.—In the later 
of the fiscal year in which the interim 
or final regulations described in sub-
paragraph (A)(ii) are promulgated or 
the fiscal year in which this para-
graph is enacted, and in the subse-
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102 
quent fiscal year, the Secretary shall 
use not more than $50,000,000 of 
funds made available under section 3 
to make payments to States described 
in clause (i). 
‘‘(II) 
RESERVATION.—In 
pro-
viding funds to States under clause 
(i), the Secretary may reserve not 
more than $3,000,000 per fiscal year 
to support Federal administrative ac-
tivities to carry out this paragraph.’’. 
SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK. 
(a) Section 9(a)(2)(A) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1758(a)(2)(A)) is 
amended by amending clause (i) to read as follows: 
‘‘(i) subject to standards established 
by the Secretary, shall offer students a va-
riety of fluid milk, which shall be con-
sistent with the most recent Dietary 
Guidelines for Americans published under 
section 301 of the National Nutrition Mon-
itoring and Related Research Act of 1990 
(7 U.S.C. 5341);’’. 
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103 
(b) Section 9(a)(2)(B) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1758(a)(2)(B)) is 
amended by amending clause (ii) to read as follows: 
‘‘(ii) NOTICE.—The substitutions may 
be made if the school notifies the State 
agency that the school is implementing a 
variation allowed under this subparagraph, 
and if the substitution is requested by a 
medical authority or by a student’s parent 
or legal guardian, except that the school 
shall not be required to provide beverages 
other than beverages the school has identi-
fied as acceptable substitutes.’’. 
SEC. 203. WATER. 
Section 9(a) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(a)) is amended by add-
ing at the end the following: 
‘‘(5) WATER.—Schools participating in the 
school lunch program under this Act shall make 
available to children free of charge, as nutritionally 
appropriate, potable water for consumption in the 
place where meals are served during meal service.’’. 
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104 
SEC. 204. NUTRITION STANDARDS FOR ALL FOODS SOLD IN 
SCHOOL. 
Section 10 of the Child Nutrition Act of 1966 (42 
U.S.C. 1779) is amended— 
(1) by striking the section heading and all that 
follows through ‘‘(a) The Secretary’’ and inserting 
the following: 
‘‘SEC. 10. REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) NATIONAL SCHOOL NUTRITION STANDARDS.— 
‘‘(1) REGULATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish science-based nutrition standards for 
foods sold in schools other than foods provided 
under this Act and the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et 
seq.). 
‘‘(B) APPLICATION.—The nutrition stand-
ards shall apply to all foods sold— 
‘‘(i) outside the school meal programs 
under this Act and the Richard B. Russell 
National School Lunch Act (42 U.S.C. 
1751 et seq.); 
‘‘(ii) on the school campus; and 
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105 
‘‘(iii) at any time during the extended 
school day, including the official school day 
and the time before and after the official 
school day when events or activities are 
primarily under the control of the school or 
a third party on behalf of the school, ex-
cept for school-sponsored events or activi-
ties before and after the official school day 
where parents and adults are a significant 
proportion of the participants or the audi-
ence. 
‘‘(C) REQUIREMENTS.—In establishing nu-
trition standards under this paragraph, the Sec-
retary shall— 
‘‘(i) establish standards that are con-
sistent with the goals of the most recent 
Dietary Guidelines for Americans pub-
lished under section 301 of the National 
Nutrition Monitoring and Related Re-
search Act of 1990 (7 U.S.C. 5341) (in 
this subsection referred to as the ‘Dietary 
Guidelines’), including the provisions re-
lated to food groups to encourage and nu-
trients of concern; and 
‘‘(ii) consider— 
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106 
‘‘(I) authoritative scientific rec-
ommendations for nutrition standards; 
‘‘(II) existing school nutrition 
standards, including voluntary stand-
ards for beverages and snack foods, 
and State and local standards; 
‘‘(III) the practical application of 
the nutrition standards; and 
‘‘(IV) 
special 
exemptions 
for 
school-sponsored fundraisers (other 
than fundraising through vending ma-
chines, school stores, snack bars, a la 
carte sales, and any other exclusions 
determined by the Secretary), if the 
fundraisers are approved by the school 
and— 
‘‘(aa) are infrequent within 
the school during the official 
school day; or 
‘‘(bb) occur at any time out-
side of the official school day. 
‘‘(D) UPDATING STANDARDS.—As soon as 
practicable after the date of publication by the 
Department of Agriculture and the Department 
of Health and Human Services of a new edition 
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107 
of the Dietary Guidelines, the Secretary shall 
review and update as necessary the school nu-
trition standards and requirements established 
under this subsection. 
‘‘(2) IMPLEMENTATION.— 
‘‘(A) PROPOSED REGULATIONS.—Not later 
than 18 months after the date of enactment of 
this paragraph, the Secretary shall promulgate 
proposed regulations to carry out paragraph 
(1). 
‘‘(B) EFFECTIVE
DATE.—Not later than 
18 months after promulgating proposed regula-
tions, the Secretary shall promulgate interim 
final regulations or final regulations to carry 
out paragraph (1) that shall take effect at the 
beginning of the school year that is not earlier 
than 1 year and not later than 2 years fol-
lowing the date on which the interim final regu-
lations or final regulations, as applicable, are 
published in the Federal Register. 
‘‘(C) REPORTING.—The Secretary shall 
submit to the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate and the Com-
mittee on Education and Labor of the House of 
Representatives a quarterly report that de-
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108 
scribes progress made toward promulgating 
final regulations under this subsection.’’. 
SEC. 205. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTA-
TION. 
(a) IN GENERAL.—The Richard B. Russell National 
School Lunch Act is amended by inserting after section 
9 (42 U.S.C. 1758) the following: 
‘‘SEC. 9A. LOCAL SCHOOL WELLNESS POLICY. 
‘‘(a) IN GENERAL.—Each local educational agency 
participating in a program authorized by this Act or the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall 
establish a local school wellness policy for all schools under 
the jurisdiction of the local educational agency. 
‘‘(b) GUIDELINES.—The Secretary shall promulgate 
regulations that provide the framework and guidelines for 
local educational agencies to establish local school wellness 
policies, including, at a minimum— 
‘‘(1) goals for nutrition promotion and edu-
cation, physical activity and education, and other 
school-based 
activities 
that 
promote 
student 
wellness; 
‘‘(2) nutrition guidelines for all foods available 
on each school campus under the jurisdiction of the 
local educational agency during the school day 
that— 
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109 
‘‘(A) are consistent with sections 9 and 17 
of this Act, and sections 4 and 10 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773, 1779); 
and 
‘‘(B) promote student health and wellness; 
‘‘(3) a requirement that the local educational 
agency designate a standing local wellness policy 
committee comprised of parents, students, represent-
atives of the school food authority, teachers of phys-
ical education, school health professionals, the school 
board, school administrators, and the general public 
to participate in the development, implementation, 
and periodic review and update of the local school 
wellness policy; 
‘‘(4) a requirement that the local educational 
agency inform and update the public (including par-
ents, students, and others in the community) about 
the content and progress on the implementation of 
the local school wellness policy; and 
‘‘(5) a requirement that the local educational 
agency— 
‘‘(A) periodically measure and make avail-
able to the public an assessment on the imple-
mentation of the local school wellness policy, in-
cluding— 
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110 
‘‘(i) the extent to which schools under 
the jurisdiction of the local educational 
agency are in compliance with the local 
school wellness policy; 
‘‘(ii) the extent to which the local 
school wellness policy of the local edu-
cational agency compares to model local 
school wellness policies; 
‘‘(iii) a description of the progress 
made in attaining the goals of the local 
school wellness policy; and 
‘‘(iv) any proposed changes to the 
local wellness policy based on the periodic 
assessment under this paragraph; and 
‘‘(B) designate 1 or more local educational 
agency officials or school officials, as appro-
priate, to ensure that each school complies with 
the local school wellness policy. 
‘‘(c) LOCAL DISCRETION.—The local educational 
agency shall use the guidelines promulgated by the Sec-
retary under subsection (b) to determine specific policies 
appropriate for the schools under the jurisdiction of the 
local educational agency. 
‘‘(d) TECHNICAL ASSISTANCE
AND BEST PRAC-
TICES.— 
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111 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Education and the Sec-
retary of Health and Human Services, acting 
through the Centers for Disease Control and Preven-
tion, shall provide information and technical assist-
ance to local educational agencies, school food au-
thorities, and State educational agencies for use in 
establishing healthy school environments that are in-
tended to promote student health and wellness. 
‘‘(2) CONTENT.—The Secretary shall provide 
technical assistance that— 
‘‘(A) includes resources and training on de-
signing, 
promoting, 
implementing, 
dissemi-
nating, and evaluating local school wellness 
policies and overcoming barriers to the adoption 
of local school wellness policies; 
‘‘(B) includes model local school wellness 
policies and best practices recommended by 
Federal agencies, State agencies, and non-
governmental organizations; 
‘‘(C) includes such other technical assist-
ance as is required to promote sound nutrition 
and establish healthy school environments; and 
‘‘(D) is consistent with the specific needs 
and requirements of local educational agencies. 
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112 
‘‘(3) FUNDING.— 
‘‘(A) IN GENERAL.—On October 1, 2010, 
and on each October 1 thereafter through Octo-
ber 1, 2014, out of any funds in the Treasury 
not otherwise appropriated, the Secretary of the 
Treasury shall transfer to the Secretary to 
carry out this subsection $500,000, to remain 
available until expended. 
‘‘(B) RECEIPT
AND
ACCEPTANCE.—The 
Secretary shall be entitled to receive, shall ac-
cept, and shall use to carry out this paragraph 
the funds transferred under subparagraph (A), 
without further appropriation. 
‘‘(e) REPORT.— 
‘‘(1) IN GENERAL.—Subject to the availability 
of appropriations, the Secretary, in conjunction with 
the Secretary of Education and the Secretary of 
Health and Human Services (acting through Direc-
tor of the Centers for Disease Control and Preven-
tion), shall prepare a report on the implementation, 
strength, and effectiveness of the local school 
wellness policies carried out in accordance with this 
section. 
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113 
‘‘(2) REPORT
ON
LOCAL
SCHOOL
WELLNESS 
POLICIES.—The study described in paragraph (1) 
shall include— 
‘‘(A) an analysis of the strength and weak-
nesses of local school wellness policies and how 
the policies compare with model local wellness 
policies 
recommended 
under 
subsection 
(d)(2)(B); and 
‘‘(B) an assessment of the impact of the 
local school wellness policies in addressing the 
requirements of subsection (b). 
‘‘(3) REPORT.—Not later than January 1, 
2014, the Secretary shall submit to the Committee 
on Agriculture, Nutrition, and Forestry of the Sen-
ate and the Committee on Education and Labor of 
the House of Representatives, a report that de-
scribes the findings of the study. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $3,000,000 for fiscal year 2011, to 
remain available until expended.’’. 
(b) REPEAL.—Section 204 of the Child Nutrition and 
WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; 
Public Law 108–265) is repealed. 
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114 
SEC. 206. INFORMATION ON THE SCHOOL WELLNESS ENVI-
RONMENT. 
Section 9 of the Richard B. Russell School Lunch Act 
(42 U.S.C. 1758) is amended by adding at the end the 
following: 
‘‘(k) INFORMATION ON THE SCHOOL WELLNESS EN-
VIRONMENT.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Education and the Sec-
retary of Health and Human Services, shall estab-
lish requirements for local educational agencies and 
States participating in the lunch program under this 
Act to report, on a periodic basis, to the Secretary 
and the general public, information about the school 
wellness environment with respect to all schools 
under the jurisdiction of such agencies and States. 
‘‘(2) REQUIREMENTS.—In establishing report-
ing requirements under paragraph (1), the Secretary 
shall require each local educational agency described 
in such paragraph to report on— 
‘‘(A) information pertaining to the school 
nutrition programs, including food safety in-
spections, local wellness policies, meal program 
participation, the nutritional quality of program 
meals, nutrition education, and other informa-
tion as determined by the Secretary; and 
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115 
‘‘(B) information pertaining to physical ac-
tivity and education, including— 
‘‘(i) whether all elementary school and 
secondary school students enrolled in the 
schools under the jurisdiction of such agen-
cy meet age-appropriate physical education 
recommendations, consistent with— 
‘‘(I) national guidelines estab-
lished by the Centers for Disease Con-
trol and Prevention of the Depart-
ment of Health and Human Services; 
or 
‘‘(II) the requirements of the 
State in which the schools are located; 
‘‘(ii) a description of the amount of 
time that such students are required to 
spend in physical education, disaggregated 
by grade level, including information on 
criteria— 
‘‘(I) for granting students a 
waiver or exemption; or 
‘‘(II) allowing a substitution for 
the requirement; and 
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‘‘(iii) any such other information re-
lated to physical activity and education as 
determined by the Secretary. 
‘‘(3) REPORTING.— 
‘‘(A) LOCAL
EDUCATIONAL
AGENCY.— 
Each local educational agency described in 
paragraph (1) shall report to the applicable 
State and general public, the information de-
scribed in paragraphs (1) and (2), in accord-
ance with the requirements established by the 
Secretary under paragraph (4). 
‘‘(B) STATE.—Each State receiving infor-
mation under subparagraph (A) shall report 
such information to the Secretary, in accord-
ance with the requirements described in para-
graph (4). 
‘‘(C) 
PUBLIC
ACCESS.—The 
Secretary 
shall make publicly available the information re-
ceived from each State under subparagraph 
(B). 
‘‘(4) REQUIREMENTS.—The Secretary shall es-
tablish requirements for reporting under subpara-
graphs (A) and (B) of paragraph (3) that— 
‘‘(A) ensure that the information described 
in paragraph (2) is reported in such way that 
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prevents unnecessary or duplicative reporting 
by a local educational agency or State; and 
‘‘(B) require any information reported to 
the general public under paragraph (3)(A) to be 
reported in an accessible, plain-language man-
ner. 
‘‘(5) TECHNICAL ASSISTANCE.—The Secretary 
shall provide technical assistance to States and local 
educational agencies on meeting the requirements of 
this subsection.’’. 
SEC. 207. STATE NUTRITION AND WELLNESS PROMOTION. 
Section 5 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1754) is amended to read as fol-
lows: 
‘‘SEC. 5. NUTRITION AND WELLNESS PROMOTION. 
‘‘(a) IN GENERAL.—On October 1, 2010, and each 
October 1 thereafter, the Secretary shall make payments 
for each fiscal year to each State agency administering 
the lunch program under this Act, in accordance with sub-
section (b)(1), to promote nutrition and wellness in food 
service programs under this Act and the school breakfast 
program established under section 4 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773). 
‘‘(b) STATE NUTRITION PROMOTION FUNDING.— 
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‘‘(1) IN GENERAL.—The Secretary shall provide 
each State agency described in subsection (a) a pay-
ment for each fiscal year in an amount equal to 1⁄2 
cent per lunch reimbursed through the lunch pro-
gram under this Act during the second preceding fis-
cal year in the State, to carry out the nutrition and 
wellness promotion activities described in paragraph 
(2). 
‘‘(2) USES
OF
FUNDS.—In accordance with 
guidance provided by the Secretary, a State agency 
shall use funds received under paragraph (1) to 
carry out activities that— 
‘‘(A) support nutrition education and nu-
trition promotion, including through materials 
provided by the Secretary; 
‘‘(B) provide technical assistance and guid-
ance to— 
‘‘(i) support compliance with the nu-
tritional requirements for— 
‘‘(I) the school lunch program 
under this Act; 
‘‘(II) the school breakfast pro-
gram under section 4 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1773); 
and 
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‘‘(III) foods sold outside of the 
school lunch program and school 
breakfast program in accordance with 
section 10 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1779); 
‘‘(ii) encourage healthy eating by chil-
dren consistent with the most recent Die-
tary Guidelines for Americans published 
under section 301 of the National Nutri-
tion Monitoring and Related Research Act 
of 1990 (7 U.S.C. 5341); 
‘‘(iii) promote student participation in 
the school lunch program and the school 
breakfast program; 
‘‘(iv) promote age-appropriate oppor-
tunities for children to be physically active; 
and 
‘‘(v) support the development, imple-
mentation, 
and 
assessment 
of 
local 
wellness policies established under section 
9(a); and 
‘‘(C) provide subgrants to local educational 
agencies to support activities described under 
this paragraph based on guidance provided by 
the Secretary; 
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‘‘(D) facilitate coordination and informa-
tion sharing across Federal child nutrition pro-
grams in the State; 
‘‘(E) coordinate with any team nutrition 
network activities conducted under section 19 of 
the Child Nutrition Act of 1966 (42 U.S.C. 
1788); and 
‘‘(F) such other purposes as determined by 
the Secretary. 
‘‘(3) DOCUMENTATION.—A State agency receiv-
ing funds under this section shall maintain docu-
mentation of the nutrition and wellness promotion 
activities carried out under this section. 
‘‘(c) REALLOCATION.—The Secretary may reallocate 
to carry out this section, any amount made available to 
carry out this section that are not obligated or expended, 
as determined by the Secretary. 
‘‘(d) REPORT.—Not later than October 1, 2014, the 
Secretary shall submit to the Committee on Education and 
Labor of the House of Representative and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate a 
report describing and assessing the school nutrition and 
wellness promotion activities and initiatives carried out 
under this section. 
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‘‘(e) FUNDING.—There are authorized to be appro-
priated, and there are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the Secretary 
to carry out this section, such sums as may be necessary 
for fiscal year 2011 and each succeeding fiscal year.’’. 
SEC. 208. ACCESS TO LOCAL FOODS: FARM TO SCHOOL. 
Section 18 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769) is amended— 
(1) by redesignating subsections (h) through (j) 
as subsections (j) through (l), respectively; 
(2) in subsection (g), by striking ‘‘(g) ACCESS 
TO LOCAL FOODS AND SCHOOL GARDENS.—’’ and 
all that follows through ‘‘(3) PILOT PROGRAM FOR 
HIGH-POVERTY SCHOOLS.—’’ and inserting the fol-
lowing: 
‘‘(g) ACCESS TO LOCAL FOODS: FARM TO SCHOOL 
PROGRAM.— 
‘‘(1) DEFINITION
OF
ELIGIBLE
ENTITY.—In 
this subsection, the term ‘eligible entity’ means— 
‘‘(A) school or institution that participates 
in a program under this Act or the school 
breakfast program established under section 4 
of the Child Nutrition Act of 1966 (42 U.S.C. 
1773); 
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‘‘(B) a nonprofit entity that is exempt 
from tax under section 501(c)(3) of the Inter-
nal Revenue Code of 1986; 
‘‘(C) an Indian tribal organization; and 
‘‘(D) an agricultural producers or a group 
of agricultural producers. 
‘‘(2) FARM TO SCHOOL GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide assistance to eligible entities through 
competitive grants and technical assistance to 
implement programs that improve access to 
local foods in eligible schools. 
‘‘(B) FARM
TO
SCHOOL
ACTIVITIES.—A 
grant awarded under this subsection may be 
used for farm to school activities, including— 
‘‘(i) the planning, design, and estab-
lishment of farm to school programs by 
linking school and institutional food service 
providers, distributors, and agricultural 
producers or groups of agricultural pro-
ducers for sustainable farm to school pro-
grams; 
‘‘(ii) the planning, implementation, 
and maintenance of school gardens; 
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‘‘(iii) the acquisition of appropriate 
equipment as determined by the Secretary; 
‘‘(iv) the provision of training and 
education necessary for the planning, im-
plementation, and maintenance of farm to 
school activities; and 
‘‘(v) other activities as determined by 
the Secretary. 
‘‘(3) ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
award grants, on a competitive basis, to eligible 
entities for farm to school activities described 
under paragraph (2). 
‘‘(B) GRANT AMOUNT.—A grant awarded 
under this subsection may not exceed $100,000. 
‘‘(C) FEDERAL SHARE.— 
‘‘(i) IN GENERAL.—The Federal share 
of costs for farm to school activities funded 
through a grant awarded under this sub-
section shall not exceed 75 percent of the 
total cost of the activities. 
‘‘(ii) FEDERAL MATCHING.—As a con-
dition of receiving a grant under this sub-
section, a grant recipient shall provide sup-
port that is not less than 25 percent of the 
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total cost of a farm to school activities 
funded by the grant in the form of cash or 
in-kind contributions, including facilities, 
equipment, or services provided by State 
and local governments, nonprofit organiza-
tions, and private sources. 
‘‘(D) GRANT DURATION.—A grant under 
this subsection shall be awarded for a period 
not to exceed 2 years. 
‘‘(E) REGIONAL
BALANCE.—In making 
awards under this subsection, the Secretary 
shall, to the maximum extent practicable, en-
sure— 
‘‘(i) geographical diversity; and 
‘‘(ii) proportional distribution among 
urban, rural, and tribal communities. 
‘‘(F) PEER REVIEW OF APPLICATIONS.— 
The Secretary shall form review panels con-
sisting of representatives from related public 
and private agencies or organizations, as deter-
mined by the Secretary, to evaluate applications 
based on criteria for selection described under 
paragraph (4). 
‘‘(4) CRITERIA FOR SELECTION.—To the max-
imum extent practicable, in providing assistance 
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under this subsection, the Secretary shall give the 
highest priority to funding farm to school activities 
that, as determined by the Secretary— 
‘‘(A) make local food products from small 
and medium-sized farms available on the school 
menu for the lunch program under this Act or 
the breakfast program under section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773); 
‘‘(B) serve a high proportion of children 
who are certified as eligible for free or reduced 
price lunches; 
‘‘(C) incorporate experiential nutrition edu-
cation activities in curriculum planning that en-
courage the participation of school children in 
farm and garden-based agricultural education 
activities; 
‘‘(D) demonstrate collaboration among eli-
gible entities; 
‘‘(E) include adequate and participatory 
evaluation plans; 
‘‘(F) demonstrate the potential for long- 
term program sustainability; 
‘‘(G) promote the nutritional health of chil-
dren by making available foods consistent with 
the goals of the most recent Dietary Guidelines 
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126 
for Americans published under section 301 of 
the National Nutrition Monitoring and Related 
Research Act of 1990 (7 U.S.C. 5341); and 
‘‘(H) meet any other criteria that the Sec-
retary determines appropriate. 
‘‘(5) EVALUATION.—As a condition of receiving 
a grant under this subsection, each grant recipient 
shall agree to cooperate in an evaluation by the Sec-
retary of the program carried out using grant funds. 
‘‘(6) TECHNICAL ASSISTANCE.—The Secretary 
shall provide technical assistance and information to 
assist eligible schools, State and local agencies, In-
dian tribal organizations, and nonprofit entities— 
‘‘(A) to facilitate the coordination and 
sharing of information and resources in the De-
partment that may be applicable to the farm to 
school program; 
‘‘(B) to collect and share information on 
best practices; and 
‘‘(C) to disseminate research and data on 
existing farm to school programs and the poten-
tial for programs in underserved areas. 
‘‘(7) REPORTING.—No later than 4 years after 
enactment of this section, the Secretary shall submit 
to the Committee on Education and Labor of the 
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House of Representatives and the Committee on Ag-
riculture, Nutrition, and Forestry of the Senate a 
report describing the farm to school projects funded 
under this section and the results of the evaluation 
conducted under paragraph (6). 
‘‘(8) FUNDING.— 
‘‘(A) IN GENERAL.—On October 1, 2010, 
through October 1, 2014, out of any funds in 
the Treasury not otherwise appropriated, the 
Secretary of the Treasury shall transfer to the 
Secretary 
to 
carry 
out 
this 
subsection 
$10,000,000, to remain available until ex-
pended. 
‘‘(B) RECEIPT
AND
ACCEPTANCE.—The 
Secretary shall be entitled to receive, shall ac-
cept, and shall use to carry out this subsection 
the funds transferred under subparagraph (A), 
without further appropriation. 
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to the amounts made available under para-
graph (8), there are authorized to be appropriated to 
carry out this subsection such sums as are necessary 
for each of fiscal years 2011 through 2015. 
‘‘(h) 
PILOT
PROGRAM
FOR
HIGH-POVERTY 
SCHOOLS.— 
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‘‘(1) IN GENERAL.—’’; 
(3) in subsection (h) (as redesignated by para-
graph (2))— 
(A) in subparagraph (F) of paragraph (1) 
(as so redesignated), by striking ‘‘in accordance 
with paragraph (1)(H)’’ and inserting ‘‘carried 
out by the Secretary’’; and 
(B) by redesignating paragraph (4) as 
paragraph (2); and 
(4) by inserting after subsection (h), the fol-
lowing: 
‘‘(i) INFORMATION EXCHANGE.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of the enactment of this paragraph, 
the Secretary shall provide the information described 
in paragraph (2) to assist schools, institutions, and 
other farm-to-school stakeholders in increasing stu-
dents’ access to local foods through farm-to-school 
activities, which shall be— 
‘‘(A) publicly accessible through the Inter-
net; and 
‘‘(B) updated as appropriate to ensure the 
information is current. 
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‘‘(2) CONTENT.—The information provided by 
the Secretary under paragraph (1) shall, at a min-
imum, include— 
‘‘(A) an inventory of all the farm-to-school 
projects funded under subsection (g); 
‘‘(B) an inventory of existing farm-to- 
school activities, including the activities de-
scribed in subsection (g), in the United States; 
and 
‘‘(C) best practices of farm-to-school activi-
ties in schools and institutions participating in 
programs under this Act, as determined by the 
Secretary. 
‘‘(3) FUNDING.— 
‘‘(A) IN GENERAL.—Out of funds in the 
Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the Sec-
retary to carry out this subsection— 
‘‘(i) on October 1, 2010, $200,000; 
and 
‘‘(ii) on October 1, 2011, October 1, 
2012, and October 1, 2013, $100,000. 
‘‘(B) RECEIPT
AND
ACCEPTANCE.—The 
Secretary shall be entitled to receive, shall ac-
cept, and shall use to carry out this subsection 
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the funds transferred under subparagraph (A), 
without further appropriation.’’. 
Subtitle B—Child and Adult Care 
Food Program 
SEC. 221. NUTRITION AND WELLNESS GOALS FOR MEALS 
SERVED THROUGH THE CHILD AND ADULT 
CARE FOOD PROGRAM. 
Section 17 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1766) is amended— 
(1) in subsection (a), by striking ‘‘(a) GRANT 
AUTHORITY’’ and all that follows through the end of 
paragraph (1) and inserting the following: 
‘‘(a) PROGRAM PURPOSE, GRANT AUTHORITY AND 
INSTITUTION ELIGIBILITY.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PROGRAM PURPOSE.—The purpose of 
the program authorized by this section is to 
provide aid to child and adult care institutions 
for the provision of nutritious foods that con-
tribute to the wellness, healthy growth, and de-
velopment of young children, and the health 
and wellness of older adults and chronically im-
paired disabled persons. 
‘‘(B) GRANT AUTHORITY.—The Secretary 
shall carry out a program to assist States 
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through grants-in-aid and other means to ini-
tiate and maintain nonprofit food service pro-
grams for children in institutions providing 
child care.’’; 
(2) by striking subsection (g) and inserting the 
following: 
‘‘(g) NUTRITIONAL REQUIREMENTS FOR MEALS AND 
SUPPLEMENTS SERVED IN INSTITUTIONS AND FAMILY OR 
GROUP DAY CARE HOMES.— 
‘‘(1) DEFINITION OF DIETARY GUIDELINES.— 
In this subsection, the term Dietary Guidelines 
means the Dietary Guidelines for Americans pub-
lished under section 301 of the National Nutrition 
Monitoring and Related Research Act of 1990 (7 
U.S.C. 5341). 
‘‘(2) NUTRITIONAL REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (C), reimbursable meals and sup-
plements served by institutions, family or group 
day care homes, and sponsored centers partici-
pating in the program under this section shall 
consist of a combination of foods that meet nu-
tritional requirements prescribed by the Sec-
retary on the basis of tested nutritional re-
search. 
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‘‘(B) CONFORMITY
WITH
THE
DIETARY 
GUIDELINES AND AUTHORITATIVE SCIENCE.— 
‘‘(i) IN
GENERAL.—Not less fre-
quently than once every 10 years, the Sec-
retary shall review and, as appropriate, up-
date nutritional requirements for meals 
and supplements served under the program 
under this section to ensure that the meals 
and supplements— 
‘‘(I) are consistent with the goals 
of the most recent Dietary Guidelines; 
and 
‘‘(II) promote the health of the 
population served by the program au-
thorized under this section, as indi-
cated by appropriate authoritative sci-
entific agency and organization rec-
ommendations. 
‘‘(ii) COST REVIEW.—The review re-
quired under clause (i) shall include a re-
view of the cost to institutions, family or 
group day care homes, and sponsored cen-
ters, resulting from updated requirements 
for meals and supplements served under 
the program under this section. 
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‘‘(iii) REGULATIONS.— 
‘‘(I) PROPOSED RULE.—Not later 
than 18 months after the completion 
of the review of the nutritional re-
quirements under clause (i), the Sec-
retary shall promulgate proposed reg-
ulations to update the nutritional re-
quirements for meals and supplements 
served under the program under this 
section. 
‘‘(II) 
CONSIDERATION.—The 
Secretary shall demonstrate consider-
ation for the financial and administra-
tive impact to institutions, family or 
group day care homes, and sponsored 
centers resulting from any proposed 
changes to the nutritional require-
ments for meals and supplements in 
the regulations described under sub-
clause (I). 
‘‘(C) EXCEPTIONS.— 
‘‘(i) SPECIAL DIETARY NEEDS.—The 
minimum nutritional requirements pre-
scribed under subparagraph (A) shall not 
prohibit institutions, family or group day 
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care homes, and sponsored centers from 
substituting foods to accommodate the 
medical or other special dietary needs of 
individual participants. 
‘‘(ii) EXEMPT
INSTITUTIONS.—The 
Secretary may elect to waive all or part of 
the requirements of this subsection for 
emergency shelters participating in the 
program under this section. 
‘‘(3) MEAL
SERVICE.—Institutions, family or 
group day care homes, and sponsored centers shall 
ensure that reimbursable meal service is not used as 
a punishment or reward. 
‘‘(4) FLUID MILK.— 
‘‘(A) IN GENERAL.—If an institution, fam-
ily or group day care home, or sponsored center 
provides fluid milk as part of a reimbursable 
meal or supplement, the institution, family or 
group day care home, or sponsored center shall 
provide the milk in accordance with the most 
recent version of the Dietary Guidelines and ap-
propriate authoritative scientific recommenda-
tions for young children. 
‘‘(B) MILK SUBSTITUTES.—In the case of 
children who cannot consume fluid milk due to 
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135 
medical or other special dietary needs other 
than a disability, an institution, family or group 
day care home, or sponsored center may sub-
stitute for the fluid milk required in meals 
served, a nondairy beverage that— 
‘‘(i) is nutritionally equivalent to fluid 
milk; and 
‘‘(ii) meets nutritional standards es-
tablished by the Secretary, including, 
among other requirements established by 
the Secretary, fortification of calcium, pro-
tein, vitamin A, and vitamin D to levels 
found in cow’s milk. 
‘‘(C) APPROVAL.— 
‘‘(i) IN GENERAL.—A substitution au-
thorized under subparagraph (B) may be 
made— 
‘‘(I) at the discretion of and on 
approval by the participating institu-
tion, family or group day care home, 
or sponsored center; and 
‘‘(II) if the substitution is re-
quested by a medical authority, or by 
the parent or legal guardian of the 
child. 
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‘‘(ii) 
EXCEPTION.—An 
institution, 
family or group day care home, or spon-
sored center that elects to make a substi-
tution authorized under this paragraph 
shall not provide beverages other than bev-
erages the State has identified as accept-
able substitutes. 
‘‘(D) EXCESS EXPENSES BORNE BY INSTI-
TUTION.—A participating institution, family or 
group day care home, or sponsored center shall 
be responsible for any expenses that— 
‘‘(i) are incurred by the institution, 
family or group day care home, or spon-
sored center to provide substitutions under 
this paragraph; and 
‘‘(ii) are in excess of expenses covered 
under reimbursements under this Act. 
‘‘(5) NONDISCRIMINATION
POLICY.—No phys-
ical segregation or other discrimination against any 
person shall be made because of the inability of the 
person to pay, nor shall there be any overt identi-
fication of any such person by special tokens or tick-
ets, different meals or meal service, announced or 
published lists of names, or other means. 
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‘‘(6) USE
OF
ABUNDANT
AND
DONATED 
FOODS.—To the maximum extent practicable, each 
institution shall use in its food service foods that 
are— 
‘‘(A) designated from time to time by the 
Secretary as being in abundance, either nation-
ally or in the food service area; or 
‘‘(B) donated by the Secretary; 
‘‘(7) WATER.—Participating institutions, family 
or group day care homes, and sponsored centers 
shall make available to persons, free of charge and 
as nutritionally appropriate, potable water through-
out the day, including at meal times.’’; and 
(3) by adding at the end the following: 
‘‘(u) PROMOTING HEALTH AND WELLNESS IN CHILD 
CARE.— 
‘‘(1) IN GENERAL.—The Secretary shall assist 
participating institutions, family or group day care 
homes, and sponsored centers through technical as-
sistance, guidance, and competitive grants for the 
purpose of promoting the health and nutrition of 
children in child care settings. 
‘‘(2) TECHNICAL ASSISTANCE, GUIDANCE, AND 
RECOGNITION.— 
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‘‘(A) NUTRITION.—The Secretary shall 
provide technical assistance and guidance to in-
stitutions, family or group day care homes, and 
sponsored centers, participating in the program 
under this section to support compliance with 
the nutrition requirements described in sub-
section (g), which shall include technical assist-
ance and guidance with respect to— 
‘‘(i) menu planning; 
‘‘(ii) interpretation of nutrition infor-
mation; and 
‘‘(iii) food preparation and purchasing 
guidance to produce meals and supple-
ments that— 
‘‘(I) are consistent with the goals 
of the most recent Dietary Guidelines 
for Americans published under section 
301 of the National Nutrition Moni-
toring and Related Research Act of 
1990 (7 U.S.C. 5341) (in this sub-
section referred to as the ‘Dietary 
Guidelines’); and 
‘‘(II) promote the health of the 
population served by the program 
under this section, as recommended 
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by authoritative scientific organiza-
tions; and 
‘‘(iv) other activities related to compli-
ance with the nutrition requirements under 
subsection (g), as determined by the Sec-
retary. 
‘‘(B) WELLNESS
PROMOTION.—Not later 
than January 1, 2012, in consultation with the 
Secretary of Health and Human Services, the 
Secretary shall provide technical assistance and 
guidance to assist State agencies and institu-
tions, family and group day care homes, and 
sponsored centers, participating in the program 
under this section to— 
‘‘(i) promote access to foods that are 
recommended for consumption by the most 
recent Dietary Guidelines; 
‘‘(ii) encourage opportunities for age- 
appropriate physical activity and physical 
development in quantities and at levels rec-
ommended by the most recent Dietary 
Guidelines and the Secretary of Health 
and Human Services with— 
‘‘(I) information on the impor-
tance of regular age-appropriate phys-
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140 
ical activity for health and well-being 
based on authoritative scientific rec-
ommendations; and 
‘‘(II) best practices for the imple-
mentation of such recommendations 
for physical activity in child care set-
tings; 
‘‘(iii) encourage adherence to age-ap-
propriate electronic media use by children 
based 
on 
authoritative 
scientific 
rec-
ommendation with— 
‘‘(I) information on the impor-
tance of age-appropriate use, includ-
ing limitations, of electronic media; 
and 
‘‘(II) best practices for imple-
mentation of such recommendations in 
child care settings; 
‘‘(iv) encourage the engagement of 
parents in nutrition and wellness initiatives 
for children; and 
‘‘(v) promote other nutrition and 
wellness initiatives, as determined by the 
Secretary. 
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‘‘(C) RECOGNITION.—The Secretary, in 
consultation with the Secretary of Health and 
Human Services, shall establish a program to 
recognize State agencies, institutions, family or 
group day care homes, and sponsored centers 
participating in the program under this section 
that demonstrate a comprehensive and innova-
tive approach to promoting nutrition and 
wellness in child care settings by— 
‘‘(i) providing healthful and develop-
mentally appropriate meals and supple-
ments consistent with the nutrition re-
quirements of the program under this sec-
tion; 
‘‘(ii) providing regular opportunities 
for developmentally appropriate physical 
activity; 
‘‘(iii) adhering to developmentally ap-
propriate guidelines for use of electronic 
media; 
‘‘(iv) engaging parents in nutrition 
and wellness initiatives for children; and 
‘‘(v) other nutrition and wellness ini-
tiatives, as determined by the Secretary. 
‘‘(D) FUNDING.— 
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‘‘(i) IN
GENERAL.—On October 1, 
2010, out of any funds in the Treasury not 
otherwise appropriated, the Secretary of 
the Treasury shall transfer to the Sec-
retary 
to 
carry 
out 
this 
paragraph 
$10,000,000, to remain available until ex-
pended. 
‘‘(ii) RECEIPT
AND
ACCEPTANCE.— 
The Secretary shall be entitled to receive, 
shall accept, and shall use to carry out this 
subsection the funds transferred under 
clause (i), without further appropriation. 
‘‘(3) COMPETITIVE GRANTS.— 
‘‘(A) GRANTS TO STATE AGENCIES.—From 
the funds made available under subparagraph 
(G), the Secretary shall award grants, on a 
competitive basis, to State agencies partici-
pating in the program under this section for the 
purpose of promoting health and nutrition in 
child care settings. 
‘‘(B) 
PRIORITY.—In 
awarding 
grants 
under this paragraph, the Secretary shall give 
priority to State agencies administering projects 
under the program that carry out each of the 
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authorized uses of funds described in subpara-
graph (C)(ii). 
‘‘(C) USES OF FUNDS.— 
‘‘(i) REQUIRED USES.—A State agen-
cy receiving a grant under this paragraph 
shall use not less than 50 percent of such 
grant funds to award subgrants to institu-
tions, including sponsoring organizations, 
for the purpose of carrying out the activi-
ties described in clause (ii). 
‘‘(ii) AUTHORIZED USES.—In addition 
to such other activities as the Secretary de-
termines to be appropriate, State agencies 
and institutions may use funds received 
under this paragraph for activities that— 
‘‘(I) promote nutrition and phys-
ical activity in child care settings that 
reflect the recommendations of— 
‘‘(aa) 
the 
most 
recent 
version of the Dietary Guidelines 
for Americans published under 
section 301 of the National Nu-
trition Monitoring and Related 
Research Act of 1990 (7 U.S.C. 
5341); and 
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‘‘(bb) authoritative scientific 
recommendations; 
‘‘(II) provide technical assistance 
and training to sponsors and pro-
viders of child care centers and family 
or group day care homes in imple-
menting State or local initiatives de-
signed to improve the health and nu-
trition of children in child care set-
tings; 
‘‘(III) perform outreach cam-
paigns on the State or local level that 
are designed to increase access to the 
program in underserved areas and 
populations, including subsidized child 
care providers; and 
‘‘(IV) make innovative use of 
technology to provide training and 
education to promote the nutrition, 
physical activity, and health of chil-
dren. 
‘‘(D) APPLICATION.—To be eligible to re-
ceive a grant under this paragraph, a State 
agency shall submit an application to the Sec-
retary at such time, in such manner, and con-
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taining such information as the Secretary may 
require, which shall include— 
‘‘(i) a plan to promote child care set-
tings that encourage healthful behaviors, 
including improvements to the quality of 
meals and supplements provided in institu-
tions, family or group day care homes, and 
sponsored centers; and 
‘‘(ii) a description of— 
‘‘(I) the procedures by which the 
State agency will use the grant to 
award subgrants to institutions; and 
‘‘(II) the criteria that the State 
agency will use in awarding such sub-
grants. 
‘‘(E) REPORTING.—Any State agency re-
ceiving a grant under this paragraph shall sub-
mit a report to the Secretary at such time, in 
such manner, and containing such information 
as the Secretary may require that, at a min-
imum, shall include— 
‘‘(i) a description of the activities sup-
ported with funds under this paragraph; 
‘‘(ii) the progress of implementing the 
activities; and 
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‘‘(iii) the outcome of the activities. 
‘‘(F) BEST
PRACTICES.—The Secretary 
shall provide to State agencies and institutions 
best practices for implementing effective nutri-
tion and wellness initiatives, including best 
practices for implementing the activities sup-
ported with funds under this paragraph. 
‘‘(G) FUNDING.— 
‘‘(i) IN
GENERAL.—On October 1, 
2010, out of any funds in the Treasury not 
otherwise appropriated, the Secretary of 
the Treasury shall transfer to the Sec-
retary 
to 
carry 
out 
this 
paragraph 
$25,000,000 to remain available until ex-
pended to carry out this paragraph to re-
main available until expended. 
‘‘(ii) RECEIPT
AND
ACCEPTANCE.— 
The Secretary shall be entitled to receive, 
shall accept, and shall use to carry out this 
paragraph the funds transferred under 
clause (i) without further appropriation. 
‘‘(4) ADDITIONAL
INFORMATION.—The Sec-
retary, in consultation with the Secretary of Health 
and Human Services, shall make available informa-
tion to State agencies and institutions, family and 
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group day care homes, and sponsored centers par-
ticipating in the program under this section on com-
mon food-related choking hazards and avoiding food 
choking by young children.’’. 
SEC. 222. STUDY ON NUTRITION AND WELLNESS QUALITY 
OF CHILD CARE SETTINGS. 
(a) IN GENERAL.—Not less than 3 years after the 
date of enactment of this Act, the Secretary, in consulta-
tion with the Secretary of Health and Human Services, 
shall enter into a contract for the conduct of a nationally 
representative study of child care centers and family or 
group day care homes that includes an assessment of— 
(1) the nutritional quality of all foods provided 
to children in child care settings as compared to the 
recommendations in the most recent Dietary Guide-
lines for Americans published under section 301 of 
the National Nutrition Monitoring and Related Re-
search Act of 1990 (7 U.S.C. 5341); 
(2) the quantity and type of opportunities for 
physical activity provided to children in child care 
settings; 
(3) the quantity of time spent by children in 
child care settings in sedentary activities; 
(4) an assessment of barriers and facilitators 
to— 
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(A) providing foods to children in child 
care settings that meet the recommendations of 
the most recent Dietary Guidelines for Ameri-
cans published under section 301 of the Na-
tional Nutrition Monitoring and Related Re-
search Act of 1990 (7 U.S.C. 5341); 
(B) providing the appropriate quantity and 
type of opportunities of physical activity for 
children in child care settings; and 
(C) participation by institutions, family or 
group day care homes, and sponsored centers 
under the child and adult care food program es-
tablished under section 17 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1766); and 
(5) such other assessment measures as the Sec-
retary may determine to be necessary. 
(b) REPORT
TO CONGRESS.—The Secretary shall 
submit to the Committee on Education and Labor of the 
House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate, a report 
that includes a detailed description of the results of the 
study conducted under subsection (a). 
(c) FUNDING.— 
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(1) IN GENERAL.—On October 1, 2010, out of 
any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall transfer 
to 
the 
Secretary 
to 
carry 
out 
this 
section 
$5,000,000, to remain available until expended. 
(2) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept, and 
shall use to carry out this section the funds trans-
ferred under paragraph (1), without further appro-
priation. 
Subtitle C—Special Supplemental 
Nutrition Program for Women, 
Infants, and Children 
SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PRO-
GRAM. 
Section 17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786) is amended— 
(1) in subsection (a), in the second sentence, by 
striking ‘‘supplemental foods and nutrition education 
through any eligible local agency’’ and inserting 
‘‘supplemental foods and nutrition education, includ-
ing breastfeeding promotion and support, through 
any eligible local agency’’; 
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(2) 
in 
subsection 
(b)(4), 
by 
inserting 
‘‘breastfeeding support and promotion,’’ after ‘‘nu-
trition education,’’; 
(3) in subsection (c)(1), in the first sentence, by 
striking ‘‘supplemental foods and nutrition education 
to’’ and inserting ‘‘supplemental foods, nutrition 
education, and breastfeeding support and promotion 
to’’; 
(4) in subsection (e)(2), in the second sentence, 
by inserting ‘‘, including breastfeeding support and 
education,’’ after ‘‘nutrition education’’; 
(5) in subsection (f)(6)(B), in the first sen-
tence, by inserting ‘‘and breastfeeding’’ after ‘‘nutri-
tion education’’; 
(6) in subsection (h)— 
(A) in paragraph (4)— 
(i) by striking ‘‘(4) The Secretary’’ 
and all that follows through ‘‘(A) in con-
sultation’’ and inserting the following: 
‘‘(4) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) in consultation’’; 
(ii) by redesignating subparagraphs 
(B) through (F) as clauses (ii) through 
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(vi), respectively, and indenting appro-
priately; 
(iii) in clause (v) (as so redesignated), 
by striking ‘‘and’’ at the end; 
(iv) in clause (vi) (as so redesignated), 
by striking ‘‘2010 initiative.’’ and inserting 
‘‘initiative; and’’; and 
(v) by adding at the end the following: 
‘‘(vii) annually compile and publish 
breastfeeding performance measurements 
based on program participant data on the 
number of partially and fully breast-fed in-
fants, including breastfeeding performance 
measurements for— 
‘‘(I) each State agency; and 
‘‘(II) each local agency; 
‘‘(viii) in accordance with subpara-
graph (B), implement a program to recog-
nize exemplary breastfeeding support prac-
tices at local agencies or clinics partici-
pating in the special supplemental nutri-
tion program established under this sec-
tion; and 
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‘‘(ix) in accordance with subparagraph 
(C), implement a program to provide per-
formance bonuses to State agencies. 
‘‘(B) EXEMPLARY
BREASTFEEDING
SUP-
PORT PRACTICES.— 
‘‘(i) IN GENERAL.—In evaluating ex-
emplary practices under subparagraph 
(A)(viii), the Secretary shall consider— 
‘‘(I) performance measurements 
of breastfeeding; 
‘‘(II) the effectiveness of a peer 
counselor program; 
‘‘(III) the extent to which the 
agency or clinic has partnered with 
other entities to build a supportive 
breastfeeding environment for women 
participating in the program; and 
‘‘(IV) such other criteria as the 
Secretary considers appropriate after 
consultation with State and local pro-
gram agencies. 
‘‘(ii) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to carry out the activities described 
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in clause (viii) of subparagraph (A) such 
sums as are necessary. 
‘‘(C) PERFORMANCE BONUSES.— 
‘‘(i) IN
GENERAL.—Following the 
publication of breastfeeding performance 
measurements 
under 
subparagraph 
(A)(vii), the Secretary shall provide per-
formance bonus payments to not more 
than 20 State agencies that demonstrate, 
as compared to other State agencies par-
ticipating in the program— 
‘‘(I) the highest proportion of 
breast-fed infants; or 
‘‘(II) the greatest improvement in 
proportion of breast-fed infants. 
‘‘(ii) CONSIDERATION.—In providing 
performance bonus payments to State 
agencies under this subparagraph, the Sec-
retary shall consider the proportion of fully 
breast-fed infants in the States. 
‘‘(iii) USE OF FUNDS.—A State agen-
cy that receives a performance bonus 
under clause (i)— 
‘‘(I) shall treat the funds as pro-
gram income; and 
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‘‘(II) may transfer the funds to 
local agencies for use in carrying out 
the program. 
‘‘(iv) IMPLEMENTATION.—The Sec-
retary shall provide the first performance 
bonuses not later than 1 year after the 
date of enactment of this clause and may 
subsequently revise the criteria for award-
ing performance bonuses; and’’; and 
(B) by striking paragraph (10) and insert-
ing the following: 
‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGE-
MENT INFORMATION SYSTEMS, AND SPECIAL NUTRI-
TION EDUCATION.— 
‘‘(A) IN
GENERAL.—For each of fiscal 
years 2010 through 2015, the Secretary shall 
use for the purposes specified in subparagraph 
(B) $139,000,000 (as adjusted annually for in-
flation by the same factor used to determine the 
national average per participant grant for nutri-
tion services and administration for the fiscal 
year under paragraph (1)(B)). 
‘‘(B) PURPOSES.—Subject to subpara-
graph (C), of the amount made available under 
subparagraph (A) for a fiscal year— 
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‘‘(i) $14,000,000 shall be used for— 
‘‘(I) infrastructure for the pro-
gram under this section; 
‘‘(II) special projects to promote 
breastfeeding, including projects to 
assess the effectiveness of particular 
breastfeeding 
promotion 
strategies; 
and 
‘‘(III) special State projects of 
regional or national significance to 
improve the services of the program; 
‘‘(ii) $35,000,000 shall be used to es-
tablish, improve, or administer manage-
ment information systems for the program, 
including changes necessary to meet new 
legislative or regulatory requirements of 
the program, of which up to $5,000,000 
may be used for Federal administrative 
costs for this section; and 
‘‘(iii) $90,000,000 shall be used for 
special 
nutrition 
education 
(such 
as 
breastfeeding peer counselors and other re-
lated activities), of which not more than 
$10,000,000 of any funding provided in 
excess of $50,000,000 shall be used to 
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make performance bonus payments under 
paragraph (4)(C). 
‘‘(C) ADJUSTMENT.—Each of the amounts 
referred to in clauses (i), (ii), and (iii) of sub-
paragraph (B) shall be adjusted annually for 
inflation by the same factor used to determine 
the national average per participant grant for 
nutrition services and administration for the 
fiscal year under paragraph (1)(B). 
‘‘(D) PROPORTIONAL DISTRIBUTION.—The 
Secretary shall distribute funds made available 
under subparagraph (A) in accordance with the 
proportional distribution described in subpara-
graphs (B) and (C).’’; and 
(7) in subsection (j), by striking ‘‘supplemental 
foods and nutrition education’’ each place it appears 
in paragraphs (1) and (2) and inserting ‘‘supple-
mental foods, nutrition education, and breastfeeding 
support and promotion’’. 
SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS. 
Section 17(f)(11)(D) of the Child Nutrition Act of 
1966 (42 U.S.C. 1786(f)(11)(D)) is amended in the mat-
ter preceding clause (i) by inserting ‘‘but not less than 
every 10 years,’’ after ‘‘scientific knowledge,’’. 
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Subtitle D—Miscellaneous 
SEC. 242. PROCUREMENT TECHNICAL ASSISTANCE AND 
GUIDANCE. 
Subsection (m) of section 12 of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1760(m)) is 
amended to read as follows: 
‘‘(m) PROCUREMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
technical assistance, guidance, and training to State 
agencies, local educational agencies, and school food 
authorities for the procurement of goods and serv-
ices for programs under this Act and the Child Nu-
trition Act of 1966 (42 U.S.C. 1771 et seq.) (other 
than section 17 of that Act (42 U.S.C. 1786)). 
‘‘(2) BUY AMERICAN TRAINING.—Activities car-
ried out under paragraph (1) shall include technical 
assistance and training to ensure compliance with 
subsection (n). 
‘‘(3) FOOD PROCUREMENT.— 
‘‘(A) SURVEY OF FOOD PRODUCT INFOR-
MATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall assess the availability and quality of 
food product information available to 
school food authorities for foods most com-
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monly offered in the school nutrition pro-
grams under this Act and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.), 
including commodity foods, commercial 
foods, and foods procured directly from a 
farm. 
‘‘(ii) SCOPE.—The scope of the as-
sessment should survey what type of food 
product information school food authorities 
have access to including— 
‘‘(I) nutritional information; 
‘‘(II) information on the food 
safety standards that a food product 
has met throughout production and 
processing; and 
‘‘(III) any other food product in-
formation as determined by the Sec-
retary. 
‘‘(iii) 
PROCUREMENT
SPECIFICA-
TIONS.—As part of the survey under this 
subparagraph, the Secretary shall collect 
best practices and models for food product 
specifications, including nutrition and food 
safety specifications, for foods (by type) 
used in the school nutrition programs. 
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‘‘(iv) REPORT.—Not later than 2 year 
after the date of the enactment of the Im-
proving Nutrition for America’s Children 
Act, the Secretary shall submit to the 
Committee on Education and Labor of the 
House of Representatives and the Com-
mittee on Agriculture, Nutrition and For-
estry of the Senate a report on the results 
of the assessment and include such legisla-
tive recommendations as the Secretary con-
siders necessary to ensure that school food 
authorities have access to food product in-
formation needed for compliance with the 
requirements for the school nutrition pro-
grams under this Act and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.). 
‘‘(B) MODEL
PROCUREMENT
SPECIFICA-
TIONS.—Not later than 1 year after the comple-
tion of the survey under subparagraph (A), the 
Secretary shall make available to State agencies 
and school food authorities model product speci-
fications for foods most commonly offered in 
school nutrition programs under this Act and 
the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.) that— 
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‘‘(i) reflect the goals of the most re-
cent Dietary Guidelines for Americans 
published under section 301 of the Na-
tional Nutrition Monitoring and Related 
Research Act of 1990 (7 U.S.C. 5341); 
‘‘(ii) encourage the use of foods rec-
ommended by the most recent Dietary 
Guidelines for Americans, including fruits, 
vegetables, fat-free and reduced fat dairy 
products, and whole grains; 
‘‘(iii) reflect best practices for safe 
production, handling, and processing of 
foods as determined by the Secretary; and 
‘‘(iv) any other specifications as deter-
mined by the Secretary. 
‘‘(4) FOODSERVICE
MANAGEMENT
PROCURE-
MENT.—Activities carried out under paragraph (1) 
shall include model contract specifications and prac-
tices for procuring school food services for the provi-
sion of meals in compliance with the requirements 
for administering the school nutrition programs 
under this Act and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.). 
‘‘(5) FUNDING.— 
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‘‘(A) MANDATORY FUNDING.—On October 
1, 2010, out of any moneys in the Treasury not 
otherwise appropriated, the Secretary of the 
Treasury shall provide to the Secretary to carry 
out this subsection $4,000,000 to remain avail-
able until expended. The Secretary shall be en-
titled to receive the funds and shall accept the 
funds, without further appropriation. 
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to the amounts made avail-
able under subparagraph (A), there are author-
ized to be appropriated to carry out this sub-
section such sums as are necessary for each of 
fiscal years 2011 through 2015.’’. 
SEC. 
243. 
RESEARCH 
ON 
STRATEGIES 
TO 
PROMOTE 
HEALTHY EATING. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of Health and Human Services and the 
Secretary of Education, shall establish a research, dem-
onstration, and technical assistance program to promote 
healthy eating and prevent and reduce the prevalence of 
obesity by applying the principles and insights of behav-
ioral economics research in schools, child care programs, 
and other settings. 
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(b) PRIORITIES.—In carry out the program under 
subsection (a), the Secretary shall— 
(1) identify and assess the impacts of specific 
presentation, placement, and other strategies for 
structuring choices on selection and consumption of 
healthful foods in a variety of settings, consistent 
with the most recent version of the Dietary Guide-
lines for Americans published under section 301 of 
the National Nutrition Monitoring and Related Re-
search Act of 1990 (7 U.S.C. 5341); 
(2) demonstrate and rigorously evaluate behav-
ioral economics-related interventions that hold prom-
ise to improve diets and promote health, including 
through demonstration projects that may include 
evaluation of the use of portion size, labeling, con-
venience, and other strategies to encourage healthy 
choices; and 
(3) encourage adoption of the most effective 
strategies through outreach and technical assistance. 
(c) AUTHORITY.—In carrying out the program under 
subsection (a), the Secretary may— 
(1) enter into competitively awarded contracts 
or cooperative agreements; or 
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(2) provide grants to States or public or private 
agencies or organizations, as determined by the Sec-
retary. 
(d) APPLICATION.—To be eligible to enter into a con-
tract or cooperative agreement or receive a grant under 
this section, a State or public or private agency or organi-
zation shall submit to the Secretary an application at such 
time, in such manner, and containing such information as 
the Secretary may require. 
(e) COORDINATION.—The solicitation and evaluation 
of contracts, cooperative agreements, and grant proposals 
considered under this section shall be coordinated with the 
Food and Nutrition Service as appropriate to ensure that 
funded projects are consistent with the operations of Fed-
erally supported nutrition assistance programs and related 
laws (including regulations). 
(f) ANNUAL REPORTS.—Not later than 90 days after 
the end of each fiscal year, the Secretary shall submit to 
the Committee on Education and Labor of the House of 
Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report that includes 
a description of— 
(1) the policies, priorities, and activities of the 
program carried out by the Secretary under this sec-
tion during the fiscal year; 
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(2) the results of any evaluations completed 
during the fiscal year; and 
(3) the efforts undertaken to disseminate suc-
cessful practices through outreach and technical as-
sistance. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this section such sums as 
are necessary for each of fiscal years 2011 through 
2015. 
(2) USE OF FUNDS.—The Secretary may use 
up to 5 percent of the funds made available under 
paragraph (1) for Federal administrative expenses 
incurred in carrying out this section. 
SEC. 244. FOOD MARKETING STUDY. 
(a) STUDY AND REPORT ON FOOD MARKETING.— 
From the amounts appropriated under subsection (f), the 
Secretary, in consultation with the Secretary of Education 
and the Secretary of Health and Human Services, shall 
conduct a study on the extent and types of marketing of 
foods and beverages in elementary and secondary schools. 
In carrying out the study, the Secretary shall collaborate 
with, and include information from, the Division of Ado-
lescent and School Health of the Centers for Disease Con-
trol and Prevention. 
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(b) ASSESSMENT OF NUTRITION.—The study con-
ducted under subsection (a) shall assess the nutritional 
quality of the types of foods and beverages marketed in 
schools. 
(c) ASSESSMENT OF MEDIA.—The study conducted 
subsection (a) shall assess all media through which foods 
and beverages are marketed to children in elementary and 
secondary schools, including— 
(1) brand and product logos, names, or infor-
mation on educational materials, book covers, school 
supplies, posters, vending machine exteriors, score-
boards, displays, signs, equipment, buses, buildings, 
and other school property; 
(2) educational and other incentive programs; 
(3) label redemption programs; 
(4) in-school television, radio, and print publica-
tions; 
(5) free samples and coupons; 
(6) branded fundraising activities; 
(7) taste-testing and other market research ac-
tivities; and 
(8) incidental exposure to food and beverage 
marketing through computer use, including com-
puter banner and wallpaper ads, or podcasts in 
schools. 
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(d) EXAMINATION OF REGULATORY MECHANISMS.— 
The study conducted subsection (a) shall also examine 
mechanisms regulating marketing in elementary and sec-
ondary schools, including— 
(1) Federal, State, and local policies; 
(2) contracts; and 
(3) sales incentives. 
(e) REPORT.—Not later than 1 year after the comple-
tion of the study conducted under subsection (a), the Sec-
retary shall submit to Congress a report on the results 
of the study required by subsection (a). 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $1,000,000 to carry out 
this section. 
SEC. 245. NATIONAL SCHOOL LUNCH PROGRAM EQUIP-
MENT ASSISTANCE GRANTS. 
(a) IN GENERAL.—From the funds made available 
under subsection (e), the Secretary shall make payments 
to State educational agencies to award grants to school 
food authorities for the purchase of equipment for schools 
under the jurisdiction of such authorities. 
(b) ALLOCATION AND REALLOCATION.— 
(1) ALLOCATION.—Payments under subsection 
(a) shall be allocated to State educational agencies 
in a manner proportional with each agency’s admin-
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istrative expense allocation under section 7(a)(2) of 
the Child Nutrition Act of 1966 (42 U.S.C. 
1776(a)(2)). 
(2) REALLOCATION.—If a State educational 
agency does not accept or use the amounts made 
available under its allocation in accordance with this 
section, the Secretary shall reallocate such amounts 
to other State educational agencies, as the Secretary 
determines necessary. 
(c) GRANTS TO SCHOOL FOOD AUTHORITIES.— 
(1) IN
GENERAL.—Not later than 180 days 
after receiving an allocation under subsection (a), a 
State educational agency shall award grants, on a 
competitive basis, to school food authorities. 
(2) APPLICATION.—To qualify to receive a 
grant under this section, a school food authority 
shall— 
(A) submit an application to a State edu-
cational agency at such time, in such manner, 
and containing such information as the State 
educational agency may require; or 
(B) have submitted an application to re-
ceive equipment assistance under the grant pro-
gram carried out under— 
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(i) the heading ‘‘Food and Nutrition 
Service Child Nutrition Programs’’ in title 
I of division A of the American Recovery 
and Reinvestment Act of 2009 (Public 
Law 111–5); or 
(ii) section 748(j) of the Agriculture, 
Rural Development, Food and Drug ad-
ministration, and Related Agencies Appro-
priations Act, 2010 (Public Law 111–80; 
123 Stat. 2134). 
(3) PRIORITY.—In awarding grants to school 
food authorities, a State shall give priority to school 
food authorities whose application demonstrate that 
in providing equipment assistance to schools with 
funds received under this section, such authorities 
will give priority to schools— 
(A) in which not less than 50 percent of 
the enrolled students are eligible for free or re-
duced price meals under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et 
seq.); and 
(B) that did not benefit from equipment 
assistance under the grant program carried out 
under— 
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(i) the heading ‘‘Food and Nutrition 
Service Child Nutrition Programs’’ in title 
I of division A of the American Recovery 
and Reinvestment Act of 2009 (Public 
Law 111–5; 123 Stat. 119); or 
(ii) section 748(j) of the Agriculture, 
Rural Development, Food and Drug ad-
ministration, and Related Agencies Appro-
priations Act, 2010 (Public Law 111–80; 
123 Stat. 2134). 
(4) USES OF FUNDS.—Under the terms and 
conditions established by the Secretary, a school 
food authority receiving a grant under this section 
shall use such funds to purchase equipment for 
schools under the jurisdiction of the school food au-
thority— 
(A) to improve the quality of food served 
under the school nutrition programs established 
under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
seq.), consistent with the goals of the most re-
cent Dietary Guidelines for Americans pub-
lished under section 301 of the National Nutri-
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tion Monitoring and Related Research Act of 
1990 (7 U.S.C. 5341); 
(B) to improve the safety of food served 
under the school meal programs; 
(C) to improve the overall energy efficiency 
of school foodservice operations; or 
(D) for other purposes as established by 
the Secretary. 
(d) ADMINISTRATIVE COSTS.—A State educational 
agency receiving an allocation under this section may not 
use more than 5 percent of such allocation for administra-
tive costs associated with awarding grants to eligible 
school food authorities in accordance with this section. 
(e) FUNDING.—There are authorized to be appro-
priated to carry out this section such sums as may be nec-
essary for each of fiscal years 2011 through 2015. 
SEC. 246. GREEN CAFETERIAS PILOT PROGRAM. 
(a) ESTABLISHMENT OF THE PROGRAM.—From the 
amounts appropriated to carry out this section under sub-
section (e), the Secretary of Agriculture, in consultation 
with the Administrator of the Environmental Protection 
Agency, shall establish the green cafeterias pilot program 
in accordance with this section to provide competitive 
grants to school food authorities to create green cafeterias 
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in the elementary schools and secondary schools under the 
jurisdiction of such school food authorities. 
(b) APPLICATIONS.—In order to receive a grant 
under this section, a school food authority shall submit 
an application at such time, in such manner, and accom-
panied by such information as the Secretary may require, 
including— 
(1) a description of the schools in which the en-
vironmental improvements described in subsection 
(c)(2) will be made using the grant funds; 
(2) a draft work plan for making the environ-
mental improvements, including a description of the 
uses of funds; 
(3) an assessment of the expected environ-
mental, economic, and educational benefits of the 
environmental improvements; 
(4) a cost estimate of the proposed uses of 
funds; and 
(5) the proposed use of private financing for 
such environmental improvements. 
(c) ALLOWABLE USES.— 
(1) IN GENERAL.—A school food authority re-
ceiving a grant under this section shall use the grant 
to carry out at least 2 of the allowable uses de-
scribed in paragraph (2) in the cafeterias of elemen-
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tary schools and secondary schools within the juris-
diction of the authority. 
(2) ALLOWABLE USES.—The allowable uses de-
scribed in this paragraph are as follows: 
(A) Procurement of environmentally-pref-
erable products, such as recycled content, en-
ergy efficient, or biobased products. 
(B) Recycling activities, such as— 
(i) fat, oil, and grease recycling; 
(ii) collection, separation, and proc-
essing of post-consumer waste; or 
(iii) composting. 
(C) Purchasing energy or water efficient 
appliances and products that meet Energy Star, 
WaterSense guidelines, or the equivalent where 
these labels do not exist. 
(d) EVALUATION.—Not later than 1 after the date 
of enactment this section, the Secretary shall evaluate the 
pilot program conducted under this section to assess— 
(1) the types of activities carried out by school 
food authorities receiving grants under this section; 
(2) the immediate cost or savings, including any 
projected costs or savings, of the green cafeteria ef-
forts carried out by such school food authorities; 
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(3) the environmental benefits associated with 
the green cafeteria efforts; and 
(4) any other factors and outcomes associated 
with carrying out the green cafeteria efforts, as de-
termined by the Secretary. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 
2011 through 2015. 
(f) DEFINITIONS.—In this section: 
(1) 
ELEMENTARY
SCHOOL; 
SECONDARY 
SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meanings given such term 
in section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
(2) 
ENVIRONMENTALLY-PREFERABLE.—The 
term ‘‘environmentally-preferable’’ means products 
or services that have a lesser or reduced effect on 
human health and the environment as compared to 
competing products or services that serve the same 
purpose. The product or service comparison may 
consider raw materials acquisition, production, man-
ufacturing, packaging, distribution, reuse, mainte-
nance, or disposal. 
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SEC. 247. PARTNERSHIPS FOR WELLNESS GRANTS. 
(a) IN GENERAL.—From the amounts appropriated 
under subsection (i), the Secretary of Agriculture shall 
award grants to eligible entities, on a competitive basis, 
for projects that leverage community resources and sup-
port student access to physical activity, nutrition edu-
cation, and nutritious foods during the regular school cal-
endar. 
(b) APPLICATION.— 
(1) IN GENERAL.—Each eligible entity that de-
sires to receive a grant under this section shall sub-
mit an application to the Secretary at such time, in 
such manner, and containing such information as 
the Secretary may reasonably require, including— 
(A) a community-involvement plan de-
scribed in paragraph (2); 
(B) a description of the partners of the eli-
gible entity that will be involved in the imple-
mentation of the community-involvement plan; 
(C) a description of the roles that will be 
played by each partner of the eligible entity in 
the implementation of the community-involve-
ment plan, including a description of the serv-
ices that will be provided by each partner of the 
eligible entity; and 
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(D) a description of how funds received 
under this section will be integrated with other 
Federal, State, and local funds to maximize 
services and opportunities for students, their 
families, and the community to be served by the 
eligible entity, including a description of how 
funds received under this section will be distrib-
uted and utilized. 
(2) COMMUNITY INVOLVEMENT PLAN.— 
(A) IN GENERAL.—To be eligible to receive 
a grant under this section, an eligible entity 
shall develop a plan for leveraging resources, 
services, and opportunities available within the 
community to be served by the eligible entity in 
order to increase, during the regular school cal-
endar, student access to physical activity, and 
nutrition education, and nutritious foods. 
(B) REQUIREMENTS.—The community-in-
volvement plan shall include— 
(i) a needs assessment based on 
guidelines established by the Secretary 
that describes the need for access to phys-
ical activity, nutrition education, and nutri-
tious foods, during the regular school cal-
endar, of students served by the local edu-
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cational agency that is partner of the eligi-
ble entity; 
(ii) a description of the potential re-
sources, services, and opportunities avail-
able within the community to be served by 
the eligible entity, or available near the 
community, that the students, the families 
of such students, and individuals in the 
community may be able to access to meet 
the needs identified under clause (i); 
(iii) a description of the role of each 
of the partners of the eligible entity in pro-
viding services described in subsection (c) 
to the students and families of the stu-
dents; 
(iv) a strategy for linking students 
and the parents and families of the stu-
dents with the opportunities for services 
available through the eligible entity; and 
(v) a strategy for evaluating the im-
pact of services that will be provided to 
students and their families through the eli-
gible entity, including— 
(I) a description of the resources, 
supports, and opportunities that will 
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be leveraged from the community to 
provide such services; 
(II) a description of how progress 
in increasing student access to phys-
ical activity, nutrition education, and 
nutritious food will be measured; and 
(III) a description of how the im-
pact of increasing student access to 
physical activity, nutrition education, 
and nutritious food will be measured. 
(c) USES OF FUNDS.—An eligible entity receiving a 
grant under this section shall use the funds to carry out 
1 or more of the following services: 
(1) Increasing, during the regular school cal-
endar, student access to physical activity, including 
through short bouts of physical activity in the class-
room and structured physical activities that are 
taught and led by trained adults during recess. 
(2) Increasing, during the regular school cal-
endar, student access to nutrition education, includ-
ing nutrition education provided through the com-
munity by local nutritionists, or other health care 
providers. 
(3) Increasing, during the regular school cal-
endar, student access to nutritious foods, including 
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through food demonstrations with local chefs and 
restaurants. 
(d) MATCHING REQUIREMENT.—To be eligible to re-
ceive a grant under this section, an eligible entity shall 
agree to provide non-Federal contributions in an amount 
equal to not less than 50 percent of the amount of Federal 
funds provided under a grant under this section. 
(e) DURATION.—A grant under this section shall be 
awarded for a period of not more than 3 years. 
(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available under this section shall be used to supplement, 
and not supplant, any other Federal, State, or local funds 
that would otherwise be available to carry out the services 
assisted under this section. 
(g) REPORTING.—Each eligible entity that receives a 
grant under this section shall, on an annual basis during 
each year of the grant period, report to the Secretary on— 
(1) the number and type of, and the roles 
played by, partners of the eligible entity involved in 
the development and implementation of the entity’s 
community-involvement plan described in subsection 
(b)(2); 
(2) the services coordinated or provided under 
the community-involvement plan; and 
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(3) a description of the degree to which the eli-
gible entity has made progress in increasing student 
access to physical activity, nutrition education, and 
nutritious foods as a result of the services provided 
under the community-development plan. 
(h) DEFINITIONS.—For purposes of this section: 
(1) 
CHILD-AND-YOUTH-SERVING
ORGANIZA-
TION.—The term ‘‘child-and-youth-serving organiza-
tion’’ means a public or private organization with a 
primary focus on providing to children and youth, 
youth development programs, or health, fitness, edu-
cation, child welfare, psychological, parenting, or 
recreation services. 
(2) COMMUNITY-BASED
ORGANIZATION.—The 
term ‘‘community-based organization’’ means a pub-
lic or private nonprofit organization of demonstrated 
effectiveness that— 
(A) is representative of a community or 
significant segments of a community; and 
(B) provides nutrition, nutrition education, 
or physical fitness services, or other related 
services to individuals in the community. 
(3) DURING
THE
REGULAR
SCHOOL
CAL-
ENDAR.—The phrase ‘‘during the regular school cal-
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endar’’ refers to a period during the regular school 
calendar during school hours. 
(4) ELIGIBLE ENTITY.— 
(A) IN GENERAL.—The term ‘‘eligible enti-
ty’’ means a local educational agency partici-
pating in the lunch program under the Richard 
B. Russell National and the breakfast program 
under section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.) that has estab-
lished a partnership with 1 or more entities de-
scribed in subparagraph (B). 
(B) ENTITIES.—The entities described in 
this subparagraph are as follows: 
(i) A community-based organization. 
(ii) A child-and-youth-serving organi-
zation or agency. 
(iii) An institution of higher edu-
cation. 
(iv) A hospital or health care provider. 
(v) Other business or community part-
ner. 
(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002). 
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(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 
2011 through 2015. 
TITLE III—IMPROVING THE MAN-
AGEMENT AND INTEGRITY OF 
CHILD 
NUTRITION 
PRO-
GRAMS 
Subtitle A—National School Lunch 
Program 
SEC. 301. INDIRECT COSTS. 
(a) GUIDANCE ON INDIRECT COSTS RULES.—Not 
later than 180 days after the date of enactment of this 
Act, the Secretary shall issue guidance to school food au-
thorities participating in the school lunch program estab-
lished under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) and the school break-
fast program established by section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773) covering program rules 
pertaining to allowable costs that may be charged to the 
nonprofit school food service accounts, including indirect 
costs and direct costs. 
(b) INDIRECT AND DIRECT COSTS STUDY.—The Sec-
retary shall— 
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(1) conduct a study to assess the extent to 
which school food authorities participating in the 
school lunch program established under the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.) and the school breakfast program es-
tablished by section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773) pay indirect and direct costs, 
including assessments of— 
(A) the allocation of indirect and directs 
costs to such school food authorities; 
(B) the methodologies used to establish in-
direct cost rates for such school food authori-
ties); 
(C) the types and amounts of indirect costs 
charged and recovered by school districts; 
(D) the impact of indirect costs charged to 
the nonprofit school food service account of 
such school food authorities; 
(E) whether the indirect and direct costs 
charged or recovered are consistent with re-
quirements for the allocation of costs and 
school food service operations; and 
(F) the types and amounts of indirect and 
direct costs that could be charged or recovered 
under requirements for the allocation of costs 
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and school food service operations but are not 
charged or recovered; and 
(2) after completing the study required under 
paragraph (1), issue additional guidance relating to 
the types of costs that are reasonable and necessary 
to provide meals under the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.) 
and the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.). 
(c) REGULATIONS.—After conducting the study 
under subsection (b)(1) and identifying costs under sub-
section (b)(2), the Secretary may promulgate regulations 
to address— 
(1) any identified deficiencies in the allocation 
of indirect and direct costs charged to school food 
authorities participating in the lunch program under 
the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.) and the breakfast program 
under the Child Nutrition Act of 1966 (42 U.S.C. 
1773); and 
(2) the authority of school food authorities to 
reimburse only those costs identified by the Sec-
retary as reasonable and necessary under subsection 
(b)(2). 
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(d) REPORT.—Not later than October 1, 2013, the 
Secretary shall submit to the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate a 
report that describes the results of the study under sub-
section (b). 
(e) FUNDING.— 
(1) IN GENERAL.—On October 1, 2010, out of 
any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall transfer 
to 
the 
Secretary 
to 
carry 
out 
this 
section 
$2,000,000, to remain available until expended. 
(2) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept, and 
shall use to carry out this section the funds trans-
ferred under paragraph (1), without further appro-
priation. 
(f) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on July 1, 2011. 
SEC. 302. REVENUE FROM NONPROGRAM FOODS SOLD IN 
SCHOOLS. 
(a) AMENDMENT.—Section 12 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1760) (as 
amended by section 242) is amended by adding at the end 
the following: 
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‘‘(q) NONPROGRAM FOOD SALES.— 
‘‘(1) DEFINITION OF NONPROGRAM FOOD.—In 
this subsection: 
‘‘(A) IN GENERAL.—The term nonprogram 
food means food that is— 
‘‘(i) sold in a participating school 
other than a reimbursable meal provided 
under this Act or the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.); and 
‘‘(ii) purchased using funds from the 
nonprofit school food service account of the 
school food authority of the school. 
‘‘(B) INCLUSION.—The term nonprogram 
food includes food that is sold in competition 
with a program established under this Act or 
the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.). 
‘‘(2) REVENUES.— 
‘‘(A) IN
GENERAL.—The proportion of 
total school food service revenue provided by the 
sale of nonprogram foods to the total revenue 
of the school food service account shall be equal 
to or greater than the proportion of total food 
costs associated with obtaining nonprogram 
foods to the total costs associated with obtain-
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ing program and nonprogram foods from the 
account. 
‘‘(B) ACCRUAL.—All revenue from the sale 
of nonprogram foods shall accrue to the non-
profit school food service account of a partici-
pating school food authority. 
‘‘(3) REPORT.—Not later than 4 years after en-
actment of this subsection, the Secretary shall sub-
mit to the Committee on Education and Labor of 
the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a 
report describing the impact of implementation of 
this subsection on financial accounting processes and 
procedures, the nonprofit school food service ac-
count, and school food service operations.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on July 1, 2011. 
SEC. 303. REPORTING AND NOTIFICATION OF SCHOOL PER-
FORMANCE. 
Section 22 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769c) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) UNIFIED ACCOUNTABILITY SYSTEM.— 
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‘‘(1) IN GENERAL.—There shall be a unified 
system prescribed and administered by the Secretary 
to ensure that local food service authorities partici-
pating in the school lunch program established 
under this Act and the school breakfast program es-
tablished by section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773) comply with those Acts, in-
cluding compliance with— 
‘‘(A) the nutritional requirements of sec-
tion 9(f) of this Act for school lunches; and 
‘‘(B) as applicable, the nutritional require-
ments for school breakfasts under section 
4(e)(1) of the Child Nutrition Act of 1966 (42 
U.S.C. 1773(e)(1)).’’; and 
(2) in subsection (b)(1), by striking subpara-
graphs (A) and (B) and inserting the following: 
‘‘(A) require that local food service au-
thorities comply with the nutritional require-
ments described in subparagraphs (A) and (B) 
of paragraph (1); 
‘‘(B) to the maximum extent practicable, 
ensure compliance through reasonable audits 
and supervisory assistance reviews; 
‘‘(C) in conducting audits and reviews for 
the purpose of determining compliance with this 
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Act, including the nutritional requirements of 
section 9(f)— 
‘‘(i) conduct audits and reviews dur-
ing a 3-year cycle or other period pre-
scribed by the Secretary; 
‘‘(ii) select schools for review in each 
local educational agency using criteria es-
tablished by the Secretary; 
‘‘(iii) report the final results of the re-
views to the public in the State in an ac-
cessible, easily understood manner in ac-
cordance with guidelines promulgated by 
the Secretary; and 
‘‘(iv) submit to the Secretary each 
year a report containing the results of the 
reviews in accordance with procedures de-
veloped by the Secretary; and 
‘‘(D) when any local food service authority 
is reviewed under this section, ensure that the 
final results of the review by the State edu-
cational agency are posted and otherwise made 
available to the public on request in an acces-
sible, easily understood manner in accordance 
with guidelines promulgated by the Secretary.’’. 
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SEC. 304. COMPLIANCE AND ACCOUNTABILITY STUDY. 
(a) IN GENERAL.—The Secretary of Agriculture shall 
conduct a study to— 
(1) assess the effectiveness and efficiency of ad-
ministrative review systems to ensure— 
(A) each local educational agency partici-
pating in the school lunch program established 
under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) complies 
with the provisions of such Act, including the 
provisions with respect to nutrition, eligibility, 
meal counts, and claims for reimbursement; 
(B) each local educational agency partici-
pating in the school breakfast program estab-
lished under section 4 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773) complies with the 
provisions of such Act, including the provisions 
with respect to nutrition, eligibility, meal 
counts, and claims for reimbursement; and 
(C) each local educational agency described 
in subparagraphs (A) and (B) is accountable 
for the compliance described in such subpara-
graphs; 
(2) design and test alternative processes and 
procedures that may improve the effectiveness and 
efficiency of the administrative review systems de-
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190 
scribed in paragraph (1), and determine the optimal 
frequency for carrying out reviews under such sys-
tems; and 
(3) identify any alternative processes and proce-
dures for establishing a more effective and efficient 
administrative review system that— 
(A) reflect the results of tests of alter-
native processes and procedures conducted pur-
suant to paragraph (2); and 
(B) consider the practicality of imple-
menting such alternative processes and proce-
dures, including the cost and burden of imple-
mentation that would be imposed on school food 
authorities, local educational agencies, and 
State educational agencies. 
(b) REPORT.—Not later than 3 years after the date 
of the enactment of this Act, the Secretary of Agriculture 
shall submit to the Committee on Education and Labor 
of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate, a re-
port that describes the results and recommendations of the 
study conducted pursuant to subsection (a). 
(c) REGULATIONS.—The Secretary of Agriculture 
may prescribe regulations as may be necessary to imple-
ment the processes or procedures identified pursuant to 
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subsection (a)(3) for establishing an effective and efficient 
administrative review system. 
(d) FUNDING.— 
(1) IN GENERAL.—Upon the date of the enact-
ment of this Act, out of any funds in the Treasury 
not otherwise appropriated, the Secretary of the 
Treasury shall transfer to the Secretary of Agri-
culture $3,000,000 to carry out this section, to re-
main available until expended. 
(2) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary of Agriculture shall be entitled to receive, 
shall accept, and shall use to carry out this section 
the funds transferred under paragraph (1), without 
further appropriation. 
SEC. 305. APPLICABILITY OF FOOD SAFETY PROGRAM ON 
ENTIRE SCHOOL CAMPUS. 
Section 9(h) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(h)) is amended— 
(1) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) post a report on the most recent in-
spection conducted under subparagraph (A) 
in— 
‘‘(i) a publicly visible location in the 
school foodservice area; and 
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‘‘(ii) a publicly accessible location on 
the Internet website of the local edu-
cational agency.’’; 
(2) in paragraph (5)— 
(A) by striking ‘‘Each school authority’’ 
and inserting the following: 
‘‘(A) IN GENERAL.—Each school food au-
thority’’; and 
(B) by adding at the end the following: 
‘‘(B) APPLICABILITY.—The requirements 
of the school food safety program described in 
subparagraph (A) shall apply to any facility or 
part of a facility where food is stored, prepared, 
and served for the purposes of the school nutri-
tion programs under this Act and the school 
breakfast program under section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773).’’; and 
(3) by adding at the end the following: 
‘‘(6) TRAINING REQUIREMENT.— 
‘‘(A) IN GENERAL.—Each school food au-
thority participating in a program under this 
Act shall ensure that all school food service 
workers employed by the authority shall— 
‘‘(i) have access to appropriate train-
ing under a qualified training program, as 
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described in subparagraph (B), on safe 
handling, preparation, and delivery of food 
to children participating in the school meal 
programs; and 
‘‘(ii) comply with a performance 
standard for safe food handling, deter-
mined by the Secretary that is consistent 
with nationally recognized standards appli-
cable to the preparation and delivery of 
meals served to children in a school envi-
ronment. 
‘‘(B) QUALIFIED
TRAINING
PROGRAM.— 
School foodservice workers shall have access to 
comprehensive food safety training programs 
that, at a minimum, shall— 
‘‘(i) be based on a process approach to 
Hazard Analysis Critical Control Point 
(HACCP) principles established by the 
Secretary; and 
‘‘(ii) include training related to— 
‘‘(I) personal hygiene and patho-
gens, including characteristics of ill-
ness (including foodborne illnesses); 
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‘‘(II) safe food service operations, 
including 
kitchen 
sanitation 
and 
equipment maintenance; 
‘‘(III) safe food handling, prepa-
ration, and delivery including storage, 
thawing, prepping, cooking, cooling 
and reheating practices for all forms 
of food, including fresh, frozen, and 
canned food; and 
‘‘(IV) other such topics deter-
mined by the Secretary.’’. 
SEC. 306. ENSURING SAFETY OF SCHOOL MEALS. 
The Richard B. Russell National School Lunch Act 
is amended by after section 28 (42 U.S.C. 1769i) the fol-
lowing: 
‘‘SEC. 29. ENSURING SAFETY OF SCHOOL MEALS. 
‘‘(a) FOOD
AND NUTRITION SERVICE.—Not later 
than 1 year after the date of enactment of the Improving 
Nutrition for America’s Children Act, the Secretary, act-
ing through the Administrator of the Food and Nutrition 
Service, shall— 
‘‘(1) in consultation with the Administrator of 
the Agricultural Marketing Service and the Adminis-
trator of the Farm Service Agency, develop guide-
lines to determine the circumstances under which it 
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is appropriate for the Secretary to institute an ad-
ministrative hold on suspect foods purchased by the 
Secretary that are being used in school meal pro-
grams under this Act and the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.); 
‘‘(2) work with States to explore ways for the 
States to increase the timeliness of notification of 
food recalls to schools and school food authorities; 
‘‘(3) improve the timeliness and completeness of 
direct communication between the Food and Nutri-
tion Service and States about holds and recalls, such 
as through the commodity alert system of the Food 
and Nutrition Service; and 
‘‘(4) establish a timeframe to improve the com-
modity hold and recall procedures of the Department 
of Agriculture to address the role of processors and 
determine the involvement of distributors with proc-
essed products that may contain recalled ingredients, 
to facilitate the provision of more timely and com-
plete information to schools. 
‘‘(b) FOOD SAFETY AND INSPECTION SERVICE.—Not 
later than 1 year after the date of enactment of the Im-
proving Nutrition for America’s Children Act the Sec-
retary, acting through the Administrator of the Food 
Safety and Inspection Service, shall revise the procedures 
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196 
of the Food Safety and Inspection Service to ensure that 
schools are included in effectiveness checks.’’. 
SEC. 307. INFORMATION ON COMMODITY FOOD SUPPLIERS. 
Section 6 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1755) is amended by adding at the 
end the following: 
‘‘(f) COMMODITY FOOD VENDORS.—The Secretary 
shall make available to State agencies, school food authori-
ties, and the public on the website maintained by the Sec-
retary— 
‘‘(1) a current listing of vendors that supply 
commodity foods for use in the school nutrition pro-
grams under this Act and the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.); 
‘‘(2) information on the commodity food sup-
plied by each such vendor; and 
‘‘(3) any other information related to each such 
vendor, as determined by the Secretary.’’. 
SEC. 308. PRIVACY PROTECTION. 
Section 9(d)(1) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(d)(1)) is amended— 
(1) in the first sentence, by inserting ‘‘the last 
4 digits of’’ before ‘‘the social security account num-
ber’’; and 
(2) by striking the second sentence. 
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197 
SEC. 309. FINES FOR VIOLATING PROGRAM REQUIRE-
MENTS. 
Section 22 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769c) is amended by adding at 
the end the following: 
‘‘(e) FINES
FOR VIOLATING PROGRAM REQUIRE-
MENTS.— 
‘‘(1) 
SCHOOL
FOOD
AUTHORITIES
AND 
SCHOOLS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish criteria by which the Secretary or a 
State agency may impose a fine against any 
school food authority or school administering a 
program authorized under this Act or the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
if the Secretary or the State agency determines 
that the school food authority or school has— 
‘‘(i) failed to correct severe mis-
management of the program; 
‘‘(ii) disregarded a program require-
ment of which the school food authority or 
school had been informed; or 
‘‘(iii) failed to correct repeated viola-
tions of program requirements. 
‘‘(B) LIMITS.— 
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‘‘(i) IN GENERAL.—In calculating the 
fine for a school food authority or school, 
the Secretary shall base the amount of the 
fine on the reimbursement earned by 
school food authority or school for the pro-
gram in which the violation occurred. 
‘‘(ii) AMOUNT.—The amount under 
clause (i) shall not exceed— 
‘‘(I) 1 percent of the amount of 
meal reimbursements earned for the 
fiscal year for the first finding of 1 or 
more program violations under sub-
paragraph (A); 
‘‘(II) 5 percent of the amount of 
meal reimbursements earned for the 
fiscal year for the second finding of 1 
or more program violations under sub-
paragraph (A); and 
‘‘(III) 10 percent of the amount 
of meal reimbursements earned for 
the fiscal year for the third or subse-
quent finding of 1 or more program 
violations under subparagraph (A). 
‘‘(2) STATE AGENCIES.— 
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‘‘(A) IN
GENERAL.—The Secretary shall 
establish criteria by which the Secretary may 
impose a fine against any State agency admin-
istering a program authorized under this Act or 
the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.) if the Secretary determines that 
the State agency has— 
‘‘(i) failed to correct severe mis-
management of the program; 
‘‘(ii) disregarded a program require-
ment of which the State had been in-
formed; or 
‘‘(iii) failed to correct repeated viola-
tions of program requirements. 
‘‘(B) LIMITS.—In the case of a State agen-
cy, the amount of a fine under subparagraph 
(A) shall not exceed— 
‘‘(i) 1 percent of funds made available 
under section 7(a) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1776(a)) for State 
administrative expenses during a fiscal 
year for the first finding of 1 or more pro-
gram violations under subparagraph (A); 
‘‘(ii) 5 percent of funds made avail-
able under section 7(a) of the Child Nutri-
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‘‘(ii) AMOUNT.—Payment to service 
institutions for administrative costs shall 
equal the levels determined by the Sec-
retary pursuant to the study required in 
paragraph (4).’’. 
SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALI-
FICATION. 
Section 13 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1761) is amended— 
(1) by redesignating subsection (q) as sub-
section (r); and 
(2) by inserting after subsection (p) the fol-
lowing: 
‘‘(q) TERMINATION AND DISQUALIFICATION OF PAR-
TICIPATING ORGANIZATIONS.— 
‘‘(1) IN
GENERAL.—Each State agency shall 
follow the procedures established by the Secretary 
for the termination of participation of institutions 
under the program. 
‘‘(2) FAIR HEARING.—The procedures described 
in paragraph (1) shall include provision for a fair 
hearing and prompt determination for any service 
institution aggrieved by any action of the State 
agency that affects— 
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