Healthy, Hunger-Free Kids Act of 2010
PL 111-296 (S.3307), enacted 12/13/2010

124 STAT. 3183 
PUBLIC LAW 111–296—DEC. 13, 2010 
Public Law 111–296 
111th Congress 
An Act 
To reauthorize child nutrition programs, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Healthy, 
Hunger-Free Kids Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definition of Secretary. 
TITLE I—A PATH TO END CHILDHOOD HUNGER 
Subtitle A—National School Lunch Program 
Sec. 101. Improving direct certification. 
Sec. 102. Categorical eligibility of foster children. 
Sec. 103. Direct certification for children receiving Medicaid benefits. 
Sec. 104. Eliminating individual applications through community eligibility. 
Sec. 105. Grants for expansion of school breakfast programs. 
Subtitle B—Summer Food Service Program 
Sec. 111. Alignment of eligibility rules for public and private sponsors. 
Sec. 112. Outreach to eligible families. 
Sec. 113. Summer food service support grants. 
Subtitle C—Child and Adult Care Food Program 
Sec. 121. Simplifying area eligibility determinations in the child and adult care 
food program. 
Sec. 122. Expansion of afterschool meals for at-risk children. 
Subtitle D—Special Supplemental Nutrition Program for Women, Infants, and 
Children 
Sec. 131. Certification periods. 
Subtitle E—Miscellaneous 
Sec. 141. Childhood hunger research. 
Sec. 142. State childhood hunger challenge grants. 
Sec. 143. Review of local policies on meal charges and provision of alternate meals. 
TITLE II—REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS 
OF CHILDREN 
Subtitle A—National School Lunch Program 
Sec. 201. Performance-based reimbursement rate increases for new meal patterns. 
Sec. 202. Nutrition requirements for fluid milk. 
Sec. 203. Water. 
Sec. 204. Local school wellness policy implementation. 
Sec. 205. Equity in school lunch pricing. 
Sec. 206. Revenue from nonprogram foods sold in schools. 
42 USC 1751 
note. 
Healthy, Hunger- 
Free Kids Act of 
2010. 
Dec. 13, 2010 
[S. 3307] 
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124 STAT. 3184 
PUBLIC LAW 111–296—DEC. 13, 2010 
Sec. 207. Reporting and notification of school performance. 
Sec. 208. Nutrition standards for all foods sold in school. 
Sec. 209. Information for the public on the school nutrition environment. 
Sec. 210. Organic food pilot program. 
Subtitle B—Child and Adult Care Food Program 
Sec. 221. Nutrition and wellness goals for meals served through the child and adult 
care food program. 
Sec. 222. Interagency coordination to promote health and wellness in child care li-
censing. 
Sec. 223. Study on nutrition and wellness quality of child care settings. 
Subtitle C—Special Supplemental Nutrition Program for Women, Infants, and 
Children 
Sec. 231. Support for breastfeeding in the WIC Program. 
Sec. 232. Review of available supplemental foods. 
Subtitle D—Miscellaneous 
Sec. 241. Nutrition education and obesity prevention grant program. 
Sec. 242. Procurement and processing of food service products and commodities. 
Sec. 243. Access to Local Foods: Farm to School Program. 
Sec. 244. Research on strategies to promote the selection and consumption of 
healthy foods. 
TITLE III—IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD 
NUTRITION PROGRAMS 
Subtitle A—National School Lunch Program 
Sec. 301. Privacy protection. 
Sec. 302. Applicability of food safety program on entire school campus. 
Sec. 303. Fines for violating program requirements. 
Sec. 304. Independent review of applications. 
Sec. 305. Program evaluation. 
Sec. 306. Professional standards for school food service. 
Sec. 307. Indirect costs. 
Sec. 308. Ensuring safety of school meals. 
Subtitle B—Summer Food Service Program 
Sec. 321. Summer food service program permanent operating agreements. 
Sec. 322. Summer food service program disqualification. 
Subtitle C—Child and Adult Care Food Program 
Sec. 331. Renewal of application materials and permanent operating agreements. 
Sec. 332. State liability for payments to aggrieved child care institutions. 
Sec. 333. Transmission of income information by sponsored family or group day 
care homes. 
Sec. 334. Simplifying and enhancing administrative payments to sponsoring organi-
zations. 
Sec. 335. Child and adult care food program audit funding. 
Sec. 336. Reducing paperwork and improving program administration. 
Sec. 337. Study relating to the child and adult care food program. 
Subtitle D—Special Supplemental Nutrition Program for Women, Infants, and 
Children 
Sec. 351. Sharing of materials with other programs. 
Sec. 352. WIC program management. 
Subtitle E—Miscellaneous 
Sec. 361. Full use of Federal funds. 
Sec. 362. Disqualified schools, institutions, and individuals. 
TITLE IV—MISCELLANEOUS 
Subtitle A—Reauthorization of Expiring Provisions 
PART I—RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT 
Sec. 401. Commodity support. 
Sec. 402. Food safety audits and reports by States. 
Sec. 403. Procurement training. 
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124 STAT. 3185 
PUBLIC LAW 111–296—DEC. 13, 2010 
Sec. 404. Authorization of the summer food service program for children. 
Sec. 405. Year-round services for eligible entities. 
Sec. 406. Training, technical assistance, and food service management institute. 
Sec. 407. Federal administrative support. 
Sec. 408. Compliance and accountability. 
Sec. 409. Information clearinghouse. 
PART II—CHILD NUTRITION ACT OF 1966 
Sec. 421. Technology infrastructure improvement. 
Sec. 422. State administrative expenses. 
Sec. 423. Special supplemental nutrition program for women, infants, and children. 
Sec. 424. Farmers market nutrition program. 
Subtitle B—Technical Amendments 
Sec. 441. Technical amendments. 
Sec. 442. Use of unspent future funds from the American Recovery and Reinvest-
ment Act of 2009. 
Sec. 443. Equipment assistance technical correction. 
Sec. 444. Budgetary effects. 
Sec. 445. Effective date. 
SEC. 2. DEFINITION OF SECRETARY. 
In this Act, the term ‘‘Secretary’’ means the Secretary of Agri-
culture. 
TITLE I—A PATH TO END CHILDHOOD 
HUNGER 
Subtitle A—National School Lunch 
Program 
SEC. 101. IMPROVING DIRECT CERTIFICATION. 
(a) PERFORMANCE AWARDS.—Section 9(b)(4) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) is 
amended— 
(1) in the paragraph heading, by striking ‘‘FOOD STAMP’’ 
and inserting ‘‘SUPPLEMENTAL
NUTRITION
ASSISTANCE
PRO-
GRAM’’; and 
(2) by adding at the end the following: 
‘‘(E) PERFORMANCE AWARDS.— 
‘‘(i) IN GENERAL.—Effective for each of the school 
years beginning July 1, 2011, July 1, 2012, and July 
1, 2013, the Secretary shall offer performance awards 
to States to encourage the States to ensure that all 
children eligible for direct certification under this para-
graph are certified in accordance with this paragraph. 
‘‘(ii) 
REQUIREMENTS.—For 
each 
school 
year 
described in clause (i), the Secretary shall— 
‘‘(I) consider State data from the prior school 
year, including estimates contained in the report 
required under section 4301 of the Food, Conserva-
tion, and Energy Act of 2008 (42 U.S.C. 1758a); 
and 
‘‘(II) make performance awards to not more 
than 15 States that demonstrate, as determined 
by the Secretary— 
‘‘(aa) outstanding performance; and 
‘‘(bb) substantial improvement. 
‘‘(iii) USE OF FUNDS.—A State agency that receives 
a performance award under clause (i)— 
Effective dates. 
7 USC 3179 note. 
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124 STAT. 3186 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(I) shall treat the funds as program income; 
and 
‘‘(II) may transfer the funds to school food 
authorities for use in carrying out the program. 
‘‘(iv) FUNDING.— 
‘‘(I) IN
GENERAL.—On October 1, 2011, and 
each subsequent October 1 through October 1, 
2013, out of any funds in the Treasury not other-
wise appropriated, the Secretary of the Treasury 
shall transfer to the Secretary— 
‘‘(aa) $2,000,000 to carry out clause 
(ii)(II)(aa); and 
‘‘(bb) $2,000,000 to carry out clause 
(ii)(II)(bb). 
‘‘(II) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept, 
and shall use to carry out this clause the funds 
transferred under subclause (I), without further 
appropriation. 
‘‘(v) PAYMENTS NOT SUBJECT TO JUDICIAL REVIEW.— 
A determination by the Secretary whether, and in what 
amount, to make a performance award under this 
subparagraph shall not be subject to administrative 
or judicial review.’’. 
(b) CONTINUOUS IMPROVEMENT PLANS.—Section 9(b)(4) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) 
(as amended by subsection (a)) is amended by adding at the end 
the following: 
‘‘(F) CONTINUOUS IMPROVEMENT PLANS.— 
‘‘(i) DEFINITION OF REQUIRED PERCENTAGE.—In this 
subparagraph, the term ‘required percentage’ means— 
‘‘(I) for the school year beginning July 1, 2011, 
80 percent; 
‘‘(II) for the school year beginning July 1, 2012, 
90 percent; and 
‘‘(III) for the school year beginning July 1, 
2013, and each school year thereafter, 95 percent. 
‘‘(ii) REQUIREMENTS.—Each school year, the Sec-
retary shall— 
‘‘(I) identify, using data from the prior year, 
including estimates contained in the report 
required under section 4301 of the Food, Conserva-
tion, and Energy Act of 2008 (42 U.S.C. 1758a), 
States that directly certify less than the required 
percentage of the total number of children in the 
State who are eligible for direct certification under 
this paragraph; 
‘‘(II) require the States identified under sub-
clause (I) to implement a continuous improvement 
plan to fully meet the requirements of this para-
graph, which shall include a plan to improve direct 
certification for the following school year; and 
‘‘(III) assist the States identified under sub-
clause (I) to develop and implement a continuous 
improvement plan in accordance with subclause 
(II). 
‘‘(iii) FAILURE TO MEET PERFORMANCE STANDARD.— 
Effective dates. 
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124 STAT. 3187 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(I) IN GENERAL.—A State that is required to 
develop and implement a continuous improvement 
plan under clause (ii)(II) shall be required to 
submit the continuous improvement plan to the 
Secretary, for the approval of the Secretary. 
‘‘(II) 
REQUIREMENTS.—At 
a 
minimum, 
a 
continuous improvement plan under subclause (I) 
shall include— 
‘‘(aa) specific measures that the State will 
use to identify more children who are eligible 
for direct certification, including improve-
ments or modifications to technology, informa-
tion systems, or databases; 
‘‘(bb) a timeline for the State to implement 
those measures; and 
‘‘(cc) goals for the State to improve direct 
certification results.’’. 
(c) WITHOUT FURTHER APPLICATION.—Section 9(b)(4) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) 
(as amended by subsection (b)) is amended by adding at the end 
the following: 
‘‘(G) WITHOUT FURTHER APPLICATION.— 
‘‘(i) IN
GENERAL.—In this paragraph, the term 
‘without further application’ means that no action is 
required by the household of the child. 
‘‘(ii) CLARIFICATION.—A requirement that a house-
hold return a letter notifying the household of eligi-
bility for direct certification or eligibility for free school 
meals does not meet the requirements of clause (i).’’. 
SEC. 102. CATEGORICAL ELIGIBILITY OF FOSTER CHILDREN. 
(a) DISCRETIONARY
CERTIFICATION.—Section 9(b)(5) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) 
is amended— 
(1) in subparagraph (C), by striking ‘‘or’’ at the end; 
(2) in subparagraph (D), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(E)(i) a foster child whose care and placement is the 
responsibility of an agency that administers a State plan 
under part B or E of title IV of the Social Security Act 
(42 U.S.C. 621 et seq.); or 
‘‘(ii) a foster child who a court has placed with a 
caretaker household.’’. 
(b) CATEGORICAL
ELIGIBILITY.—Section 9(b)(12)(A) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1758(b)(12)(A)) is amended— 
(1) in clause (iv), by adding ‘‘)’’ before the semicolon at 
the end; 
(2) in clause (v), by striking ‘‘or’’ at the end; 
(3) in clause (vi), by striking the period at the end and 
inserting ‘‘; or’’; and 
(4) by adding at the end the following: 
‘‘(vii)(I) a foster child whose care and placement 
is the responsibility of an agency that administers 
a State plan under part B or E of title IV of the 
Social Security Act (42 U.S.C. 621 et seq.); or 
Definition. 
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124 STAT. 3188 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(II) a foster child who a court has placed with 
a caretaker household.’’. 
(c) DOCUMENTATION.—Section 9(d)(2) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended— 
(1) in subparagraph (D), by striking ‘‘or’’ at the end; 
(2) in subparagraph (E), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(F)(i) documentation has been provided to the appro-
priate local educational agency showing the status of the 
child as a foster child whose care and placement is the 
responsibility of an agency that administers a State plan 
under part B or E of title IV of the Social Security Act 
(42 U.S.C. 621 et seq.); or 
‘‘(ii) documentation has been provided to the appro-
priate local educational agency showing the status of the 
child as a foster child who a court has placed with a 
caretaker household.’’. 
SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIVING MED-
ICAID BENEFITS. 
(a) IN GENERAL.—Section 9(b) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding 
at the end the following: 
‘‘(15) DIRECT CERTIFICATION FOR CHILDREN RECEIVING MED-
ICAID BENEFITS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) ELIGIBLE
CHILD.—The term ‘eligible child’ 
means a child— 
‘‘(I)(aa) who is eligible for and receiving med-
ical assistance under the Medicaid program; and 
‘‘(bb) who is a member of a family with an 
income as measured by the Medicaid program 
before the application of any expense, block, or 
other income disregard, that does not exceed 133 
percent of the poverty line (as defined in section 
673(2) of the Community Services Block Grant 
Act (42 U.S.C. 9902(2), including any revision 
required by such section)) applicable to a family 
of the size used for purposes of determining eligi-
bility for the Medicaid program; or 
‘‘(II) who is a member of a household (as that 
term is defined in section 245.2 of title 7, Code 
of Federal Regulations (or successor regulations) 
with a child described in subclause (I). 
‘‘(ii) MEDICAID PROGRAM.—The term ‘Medicaid pro-
gram’ means the program of medical assistance estab-
lished under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.). 
‘‘(B) DEMONSTRATION PROJECT.— 
‘‘(i) IN GENERAL.—The Secretary, acting through 
the Administrator of the Food and Nutrition Service 
and in cooperation with selected State agencies, shall 
conduct a demonstration project in selected local edu-
cational agencies to determine whether direct certifi-
cation of eligible children is an effective method of 
certifying children for free lunches and breakfasts 
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124 STAT. 3189 
PUBLIC LAW 111–296—DEC. 13, 2010 
under section 9(b)(1)(A) of this Act and section 
4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1773(e)(1)(A)). 
‘‘(ii) SCOPE OF PROJECT.—The Secretary shall carry 
out the demonstration project under this subpara-
graph— 
‘‘(I) for the school year beginning July 1, 2012, 
in selected local educational agencies that collec-
tively serve 2.5 percent of students certified for 
free and reduced price meals nationwide, based 
on the most recent available data; 
‘‘(II) for the school year beginning July 1, 2013, 
in selected local educational agencies that collec-
tively serve 5 percent of students certified for free 
and reduced price meals nationwide, based on the 
most recent available data; and 
‘‘(III) for the school year beginning July 1, 
2014, and each subsequent school year, in selected 
local educational agencies that collectively serve 
10 percent of students certified for free and 
reduced price meals nationwide, based on the most 
recent available data. 
‘‘(iii) PURPOSES OF THE PROJECT.—At a minimum, 
the purposes of the demonstration project shall be— 
‘‘(I) to determine the potential of direct certifi-
cation with the Medicaid program to reach children 
who are eligible for free meals but not certified 
to receive the meals; 
‘‘(II) to determine the potential of direct certifi-
cation with the Medicaid program to directly cer-
tify children who are enrolled for free meals based 
on a household application; and 
‘‘(III) to provide an estimate of the effect on 
Federal costs and on participation in the school 
lunch program under this Act and the school 
breakfast program established by section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773) of 
direct certification with the Medicaid program. 
‘‘(iv) COST ESTIMATE.—For each of 2 school years 
of the demonstration project, the Secretary shall esti-
mate the cost of the direct certification of eligible chil-
dren for free school meals through data derived from— 
‘‘(I) the school meal programs authorized 
under this Act and the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.); 
‘‘(II) the Medicaid program; and 
‘‘(III) interviews with a statistically represent-
ative sample of households. 
‘‘(C) AGREEMENT.— 
‘‘(i) IN GENERAL.—Not later than July 1 of the 
first school year during which a State agency will 
participate in the demonstration project, the State 
agency shall enter into an agreement with the 1 or 
more State agencies conducting eligibility determina-
tions for the Medicaid program. 
Deadline. 
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124 STAT. 3190 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(ii) WITHOUT FURTHER APPLICATION.—Subject to 
paragraph (6), the agreement described in subpara-
graph (D) shall establish procedures under which an 
eligible child shall be certified for free lunches under 
this Act and free breakfasts under section 4 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1773), without 
further application (as defined in paragraph (4)(G)). 
‘‘(D) CERTIFICATION.—For the school year beginning 
on July 1, 2012, and each subsequent school year, subject 
to paragraph (6), the local educational agencies partici-
pating in the demonstration project shall certify an eligible 
child as eligible for free lunches under this Act and free 
breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.), without further application (as defined in 
paragraph (4)(G)). 
‘‘(E) SITE SELECTION.— 
‘‘(i) IN GENERAL.—To be eligible to participate in 
the demonstration project under this subsection, a 
State agency shall submit to the Secretary an applica-
tion at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘(ii) CONSIDERATIONS.—In selecting States and 
local educational agencies for participation in the dem-
onstration project, the Secretary may take into consid-
eration such factors as the Secretary considers to be 
appropriate, which may include— 
‘‘(I) the rate of direct certification; 
‘‘(II) the share of individuals who are eligible 
for benefits under the supplemental nutrition 
assistance program established under the Food 
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) 
who participate in the program, as determined 
by the Secretary; 
‘‘(III) the income eligibility limit for the Med-
icaid program; 
‘‘(IV) the feasibility of matching data between 
local educational agencies and the Medicaid pro-
gram; 
‘‘(V) the socioeconomic profile of the State or 
local educational agencies; and 
‘‘(VI) the willingness of the State and local 
educational agencies to comply with the require-
ments of the demonstration project. 
‘‘(F) ACCESS TO DATA.—For purposes of conducting the 
demonstration project under this paragraph, the Secretary 
shall have access to— 
‘‘(i) educational and other records of State and 
local educational and other agencies and institutions 
receiving funding or providing benefits for 1 or more 
programs authorized under this Act or the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.); and 
‘‘(ii) income and program participation information 
from public agencies administering the Medicaid pro-
gram. 
‘‘(G) REPORT TO CONGRESS.— 
Effective date. 
Procedures. 
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124 STAT. 3191 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(i) IN GENERAL.—Not later than October 1, 2014, 
the Secretary shall submit to the Committee on Edu-
cation and Labor of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry 
of the Senate, an interim report that describes the 
results of the demonstration project required under 
this paragraph. 
‘‘(ii) FINAL
REPORT.—Not later than October 1, 
2015, the Secretary shall submit a final report to the 
committees described in clause (i). 
‘‘(H) 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 subparagraph (G) $5,000,000, to 
remain available until expended. 
‘‘(ii) RECEIPT
AND
ACCEPTANCE.—The Secretary 
shall be entitled to receive, shall accept, and shall 
use to carry out subparagraph (G) the funds trans-
ferred under clause (i), without further appropriation.’’. 
(b) DOCUMENTATION.—Section 9(d)(2) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(d)(2)) (as amended 
by section 102(c)) is amended— 
(1) in subparagraph (E), by striking ‘‘or’’ at the end; 
(2) in subparagraph (F)(ii), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(G) documentation has been provided to the appro-
priate local educational agency showing the status of the 
child as an eligible child (as defined in subsection 
(b)(15)(A)).’’. 
(c) AGREEMENT FOR DIRECT CERTIFICATION AND COOPERATION 
BY STATE MEDICAID AGENCIES.— 
(1) IN GENERAL.—Section 1902(a)(7) of the Social Security 
Act (42 U.S.C. 1396a(a)(7)) is amended to read as follows: 
‘‘(7) provide— 
‘‘(A) safeguards which restrict the use or disclosure 
of information concerning applicants and recipients to pur-
poses directly connected with— 
‘‘(i) the administration of the plan; and 
‘‘(ii) the exchange of information necessary to cer-
tify or verify the certification of eligibility of children 
for free or reduced price breakfasts under the Child 
Nutrition Act of 1966 and free or reduced price lunches 
under the Richard B. Russell National School Lunch 
Act, in accordance with section 9(b) of that Act, using 
data standards and formats established by the State 
agency; and 
‘‘(B) that, notwithstanding the Express Lane option 
under subsection (e)(13), the State may enter into an agree-
ment with the State agency administering the school lunch 
program established under the Richard B. Russell National 
School Lunch Act under which the State shall establish 
procedures to ensure that— 
‘‘(i) a child receiving medical assistance under the 
State plan under this title whose family income does 
not exceed 133 percent of the poverty line (as defined 
Effective date. 
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124 STAT. 3192 
PUBLIC LAW 111–296—DEC. 13, 2010 
in section 673(2) of the Community Services Block 
Grant Act, including any revision required by such 
section), as determined without regard to any expense, 
block, or other income disregard, applicable to a family 
of the size involved, may be certified as eligible for 
free lunches under the Richard B. Russell National 
School Lunch Act and free breakfasts under the Child 
Nutrition Act of 1966 without further application; and 
‘‘(ii) the State agencies responsible for admin-
istering the State plan under this title, and for carrying 
out the school lunch program established under the 
Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) or the school breakfast program 
established by section 4 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1773), cooperate in carrying out 
paragraphs (3)(F) and (15) of section 9(b) of that Act;’’. 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the amendments made by this subsection shall take 
effect on the date of enactment of this Act. 
(B) EXTENSION
OF
EFFECTIVE
DATE
FOR
STATE
LAW 
AMENDMENT.—In the case of a State plan under title XIX 
of the Social Security Act (42 U.S.C. 1396 et seq.) which 
the Secretary of Health and Human Services determines 
requires State legislation in order for the plan to meet 
the additional requirements imposed by the amendments 
made by this section, the State plan shall not be regarded 
as failing to comply with the requirements of the amend-
ments made by this section solely on the basis of its failure 
to meet such additional requirements before the first day 
of the first calendar quarter beginning after the close of 
the first regular session of the State legislature that begins 
after the date of the enactment of this Act. For purposes 
of the previous sentence, in the case of a State that has 
a 2-year legislative session, each year of the session is 
considered to be a separate regular session of the State 
legislature. 
(d) CONFORMING AMENDMENTS.—Section 444(b)(1) of the Gen-
eral Education Provisions Act (20 U.S.C. 1232g(b)(1)) is amended— 
(1) in subparagraph (I), by striking ‘‘and’’ at the end; 
(2) in subparagraph (J)(ii), by striking the period at the 
end and inserting ‘‘; and’’; 
(3) by adding at the end the following: 
‘‘(K) the Secretary of Agriculture, or authorized representa-
tive from the Food and Nutrition Service or contractors acting 
on behalf of the Food and Nutrition Service, for the purposes 
of conducting program monitoring, evaluations, and perform-
ance measurements of State and local educational and other 
agencies and institutions receiving funding or providing benefits 
of 1 or more programs authorized under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) or the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) for which 
the results will be reported in an aggregate form that does 
not identify any individual, on the conditions that— 
‘‘(i) any data collected under this subparagraph shall 
be protected in a manner that will not permit the personal 
Confidentiality. 
42 USC 1396a 
note. 
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124 STAT. 3193 
PUBLIC LAW 111–296—DEC. 13, 2010 
identification of students and their parents by other than 
the authorized representatives of the Secretary; and 
‘‘(ii) any personally identifiable data shall be destroyed 
when the data are no longer needed for program moni-
toring, evaluations, and performance measurements.’’. 
SEC. 
104. 
ELIMINATING 
INDIVIDUAL 
APPLICATIONS 
THROUGH 
COMMUNITY ELIGIBILITY. 
(a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS.— 
(1) ELIGIBILITY.—Section 11(a)(1) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended 
by adding at the end the following: 
‘‘(F) UNIVERSAL
MEAL
SERVICE
IN
HIGH
POVERTY 
AREAS.— 
‘‘(i) DEFINITION
OF
IDENTIFIED
STUDENTS.—The 
term ‘identified students’ means students certified 
based on documentation of benefit receipt or categorical 
eligibility as described in section 245.6a(c)(2) of title 
7, Code of Federal Regulations (or successor regula-
tions). 
‘‘(ii) ELECTION OF SPECIAL ASSISTANCE PAYMENTS.— 
‘‘(I) IN GENERAL.—A local educational agency 
may, for all schools in the district or on behalf 
of certain schools in the district, elect to receive 
special assistance payments under this subpara-
graph in lieu of special assistance payments other-
wise made available under this paragraph based 
on applications for free and reduced price lunches 
if— 
‘‘(aa) during a period of 4 successive school 
years, the local educational agency elects to 
serve all children in the applicable schools 
free lunches and breakfasts under the school 
lunch program under this Act and the school 
breakfast program established under section 
4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773); 
‘‘(bb) the local educational agency pays, 
from sources other than Federal funds, the 
costs of serving the lunches or breakfasts that 
are in excess of the value of assistance received 
under this Act and the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.); 
‘‘(cc) the local educational agency is not 
a residential child care institution (as that 
term is used in section 210.2 of title 7, Code 
of Federal Regulations (or successor regula-
tions)); and 
‘‘(dd) during the school year prior to the 
first year of the period for which the local 
educational agency elects to receive special 
assistance payments under this subparagraph, 
the local educational agency or school had a 
percentage of enrolled students who were 
identified students that meets or exceeds the 
threshold described in clause (viii). 
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124 STAT. 3194 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(II) ELECTION
TO
STOP
RECEIVING
PAY-
MENTS.—A local educational agency may, for all 
schools in the district or on behalf of certain 
schools in the district, elect to stop receiving spe-
cial assistance payments under this subparagraph 
for the following school year by notifying the State 
agency not later than June 30 of the current school 
year of the intention to stop receiving special 
assistance payments under this subparagraph. 
‘‘(iii) FIRST YEAR OF OPTION.— 
‘‘(I) SPECIAL ASSISTANCE PAYMENT.—For each 
month of the first school year of the 4-year period 
during which a school or local educational agency 
elects to receive payments under this subpara-
graph, special assistance payments at the rate for 
free meals shall be made under this subparagraph 
for a percentage of all reimbursable meals served 
in an amount equal to the product obtained by 
multiplying— 
‘‘(aa) the multiplier described in clause 
(vii); by 
‘‘(bb) the percentage of identified students 
at the school or local educational agency as 
of April 1 of the prior school year, up to a 
maximum of 100 percent. 
‘‘(II) 
PAYMENT
FOR
OTHER
MEALS.—The 
percentage of meals served that is not described 
in subclause (I) shall be reimbursed at the rate 
provided under section 4. 
‘‘(iv) SECOND, THIRD, OR FOURTH YEAR OF OPTION.— 
‘‘(I) SPECIAL ASSISTANCE PAYMENT.—For each 
month of the second, third, or fourth school year 
of the 4-year period during which a school or local 
educational agency elects to receive payments 
under this subparagraph, special assistance pay-
ments at the rate for free meals shall be made 
under this subparagraph for a percentage of all 
reimbursable meals served in an amount equal 
to the product obtained by multiplying— 
‘‘(aa) the multiplier described in clause 
(vii); by 
‘‘(bb) the higher of the percentage of 
identified students at the school or local edu-
cational agency as of April 1 of the prior school 
year or the percentage of identified students 
at the school or local educational agency as 
of April 1 of the school year prior to the first 
year that the school or local educational 
agency elected to receive special assistance 
payments under this subparagraph, up to a 
maximum of 100 percent. 
‘‘(II) 
PAYMENT
FOR
OTHER
MEALS.—The 
percentage of meals served that is not described 
in subclause (I) shall be reimbursed at the rate 
provided under section 4. 
‘‘(v) GRACE YEAR.— 
Notification. 
Deadline. 
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124 STAT. 3195 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(I) IN GENERAL.—If, not later than April 1 
of the fourth year of a 4-year period described 
in clause (ii)(I), a school or local educational agency 
has a percentage of enrolled students who are 
identified students that meets or exceeds a 
percentage that is 10 percentage points lower than 
the threshold described in clause (viii), the school 
or local educational agency may elect to receive 
special assistance payments under subclause (II) 
for an additional grace year. 
‘‘(II) SPECIAL ASSISTANCE PAYMENT.—For each 
month of a grace year, special assistance payments 
at the rate for free meals shall be made under 
this subparagraph for a percentage of all reimburs-
able meals served in an amount equal to the 
product obtained by multiplying— 
‘‘(aa) the multiplier described in clause 
(vii); by 
‘‘(bb) the percentage of identified students 
at the school or local educational agency as 
of April 1 of the prior school year, up to a 
maximum of 100 percent. 
‘‘(III) 
PAYMENT
FOR
OTHER
MEALS.—The 
percentage of meals served that is not described 
in subclause (II) shall be reimbursed at the rate 
provided under section 4. 
‘‘(vi) APPLICATIONS.—A school or local educational 
agency that receives special assistance payments under 
this subparagraph may not be required to collect 
applications for free and reduced price lunches. 
‘‘(vii) MULTIPLIER.— 
‘‘(I) PHASE-IN.—For each school year beginning 
on or before July 1, 2013, the multiplier shall 
be 1.6. 
‘‘(II) FULL IMPLEMENTATION.—For each school 
year beginning on or after July 1, 2014, the Sec-
retary may use, as determined by the Secretary— 
‘‘(aa) a multiplier between 1.3 and 1.6; 
and 
‘‘(bb) subject to item (aa), a different mul-
tiplier for different schools or local educational 
agencies. 
‘‘(viii) THRESHOLD.— 
‘‘(I) PHASE-IN.—For each school year beginning 
on or before July 1, 2013, the threshold shall be 
40 percent. 
‘‘(II) FULL IMPLEMENTATION.—For each school 
year beginning on or after July 1, 2014, the Sec-
retary may use a threshold that is less than 40 
percent. 
‘‘(ix) PHASE-IN.— 
‘‘(I) IN
GENERAL.—In selecting States for 
participation during the phase-in period, the Sec-
retary shall select States with an adequate number 
and variety of schools and local educational agen-
cies that could benefit from the option under this 
subparagraph, as determined by the Secretary. 
Deadline. 
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124 STAT. 3196 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(II) LIMITATION.—The Secretary may not 
approve additional schools and local educational 
agencies to receive special assistance payments 
under this subparagraph after the Secretary has 
approved schools and local educational agencies 
in— 
‘‘(aa) for the school year beginning on July 
1, 2011, 3 States; and 
‘‘(bb) for each of the school years beginning 
July 1, 2012 and July 1, 2013, an additional 
4 States per school year. 
‘‘(x) ELECTION OF OPTION.— 
‘‘(I) IN GENERAL.—For each school year begin-
ning on or after July 1, 2014, any local educational 
agency eligible to make the election described in 
clause (ii) for all schools in the district or on behalf 
of certain schools in the district may elect to 
receive special assistance payments under clause 
(iii) for the next school year if, not later than 
June 30 of the current school year, the local edu-
cational agency submits to the State agency the 
percentage of identified students at the school or 
local educational agency. 
‘‘(II) STATE AGENCY NOTIFICATION.—Not later 
than May 1 of each school year beginning on or 
after July 1, 2011, each State agency with schools 
or local educational agencies that may be eligible 
to elect to receive special assistance payments 
under this subparagraph shall notify— 
‘‘(aa) each local educational agency that 
meets or exceeds the threshold described in 
clause (viii) that the local educational agency 
is eligible to elect to receive special assistance 
payments under clause (iii) for the next 4 
school years, of the blended reimbursement 
rate the local educational agency would receive 
under clause (iii), and of the procedures for 
the local educational agency to make the elec-
tion; 
‘‘(bb) each local educational agency that 
receives special assistance payments under 
clause (iii) of the blended reimbursement rate 
the local educational agency would receive 
under clause (iv); 
‘‘(cc) each local educational agency in the 
fourth year of electing to receive special assist-
ance payments under this subparagraph that 
meets or exceeds a percentage that is 10 
percentage points lower than the threshold 
described in clause (viii) and that receives spe-
cial assistance payments under clause (iv), 
that the local educational agency may continue 
to receive such payments for the next school 
year, of the blended reimbursement rate the 
local educational agency would receive under 
clause (v), and of the procedures for the local 
educational agency to make the election; and 
Deadline. 
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124 STAT. 3197 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(dd) each local educational agency that 
meets or exceeds a percentage that is 10 
percentage points lower than the threshold 
described in clause (viii) that the local edu-
cational agency may be eligible to elect to 
receive special assistance payments under 
clause (iii) if the threshold described in clause 
(viii) is met by April 1 of the school year 
or if the threshold is met for a subsequent 
school year. 
‘‘(III) PUBLIC
NOTIFICATION
OF
LOCAL
EDU-
CATIONAL AGENCIES.—Not later than May 1 of each 
school year beginning on or after July 1, 2011, 
each State agency with 1 or more schools or local 
educational agencies eligible to elect to receive spe-
cial assistance payments under clause (iii) shall 
submit to the Secretary, and the Secretary shall 
publish, lists of the local educational agencies 
receiving notices under subclause (II). 
‘‘(IV) PUBLIC NOTIFICATION OF SCHOOLS.—Not 
later than May 1 of each school year beginning 
on or after July 1, 2011, each local educational 
agency in a State with 1 or more schools eligible 
to elect to receive special assistance payments 
under clause (iii) shall submit to the State agency, 
and the State agency shall publish— 
‘‘(aa) a list of the schools that meet or 
exceed the threshold described in clause (viii); 
‘‘(bb) a list of the schools that meet or 
exceed a percentage that is 10 percentage 
points lower than the threshold described in 
clause (viii) and that are in the fourth year 
of receiving special assistance payments under 
clause (iv); and 
‘‘(cc) a list of the schools that meet or 
exceed a percentage that is 10 percentage 
points lower than the threshold described in 
clause (viii). 
‘‘(xi) IMPLEMENTATION.— 
‘‘(I) GUIDANCE.—Not later than 90 days after 
the date of enactment of this subparagraph, the 
Secretary shall issue guidance to implement this 
subparagraph. 
‘‘(II) REGULATIONS.—Not later than December 
31, 2013, the Secretary shall promulgate regula-
tions that establish procedures for State agencies, 
local educational agencies, and schools to meet 
the requirements of this subparagraph, including 
exercising the option described in this subpara-
graph. 
‘‘(III) PUBLICATION.—If the Secretary uses the 
authority provided in clause (vii)(II)(bb) to use a 
different multiplier for different schools or local 
educational agencies, for each school year begin-
ning on or after July 1, 2014, not later than April 
1, 2014, the Secretary shall publish on the website 
of the Secretary a table that indicates— 
Deadline. 
Web site. 
Deadline. 
Deadline. 
Deadline. 
Publication. 
Lists. 
Deadline. 
Publication. 
Lists. 
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124 STAT. 3198 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(aa) each local educational agency that 
may elect to receive special assistance pay-
ments under clause (ii); 
‘‘(bb) the blended reimbursement rate that 
each local educational agency would receive; 
and 
‘‘(cc) an explanation of the methodology 
used to calculate the multiplier or threshold 
for each school or local educational agency. 
‘‘(xii) REPORT.—Not later than December 31, 2013, 
the Secretary shall publish a report that describes— 
‘‘(I) an estimate of the number of schools and 
local educational agencies eligible to elect to 
receive special assistance payments under this 
subparagraph that do not elect to receive the pay-
ments; 
‘‘(II) for schools and local educational agencies 
described in subclause (I)— 
‘‘(aa) barriers to participation in the spe-
cial assistance option under this subpara-
graph, as described by the nonparticipating 
schools and local educational agencies; and 
‘‘(bb) changes to the special assistance 
option under this subparagraph that would 
make eligible schools and local educational 
agencies more likely to elect to receive special 
assistance payments; 
‘‘(III) for schools and local educational agencies 
that elect to receive special assistance payments 
under this subparagraph— 
‘‘(aa) the number of schools and local edu-
cational agencies; 
‘‘(bb) an estimate of the percentage of 
identified students and the percentage of 
enrolled students who were certified to receive 
free or reduced price meals in the school year 
prior to the election to receive special assist-
ance payments under this subparagraph, and 
a description of how the ratio between those 
percentages compares to 1.6; 
‘‘(cc) an estimate of the number and share 
of schools and local educational agencies in 
which more than 80 percent of students are 
certified for free or reduced price meals that 
elect to receive special assistance payments 
under that clause; and 
‘‘(dd) whether any of the schools or local 
educational 
agencies 
stopped 
electing 
to 
receive special assistance payments under this 
subparagraph; 
‘‘(IV) the impact of electing to receive special 
assistance payments under this subparagraph on— 
‘‘(aa) program integrity; 
‘‘(bb) whether a breakfast program is 
offered; 
‘‘(cc) the type of breakfast program offered; 
Publication. 
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124 STAT. 3199 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(dd) the nutritional quality of school 
meals; and 
‘‘(ee) program participation; and 
‘‘(V) the multiplier and threshold, as described 
in clauses (vii) and (viii) respectively, that the 
Secretary will use for each school year beginning 
on or after July 1, 2014 and the rationale for 
any change in the multiplier or threshold. 
‘‘(xiii) FUNDING.— 
‘‘(I) IN GENERAL.—On October 1, 2010, out of 
any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall 
transfer to the Secretary to carry out clause (xii) 
$5,000,000, to remain available until September 
30, 2014. 
‘‘(II) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept, 
and shall use to carry out clause (xii) the funds 
transferred under subclause (I), without further 
appropriation.’’. 
(2) CONFORMING AMENDMENTS.—Section 11(a)(1)(B) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1759a(a)(1)(B)) is amended by striking ‘‘or (E)’’ and inserting 
‘‘(E), or (F)’’. 
(b) UNIVERSAL MEAL SERVICE THROUGH CENSUS DATA.—Section 
11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 
1759a) is amended by adding at the end the following: 
‘‘(g) UNIVERSAL MEAL SERVICE THROUGH CENSUS DATA.— 
‘‘(1) IN GENERAL.—To the maximum extent practicable, the 
Secretary shall identify alternatives to— 
‘‘(A) the daily counting by category of meals provided 
by school lunch programs under this Act and the school 
breakfast program established by section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773); and 
‘‘(B) the use of annual applications as the basis for 
eligibility to receive free meals or reduced price meals 
under this Act. 
‘‘(2) RECOMMENDATIONS.— 
‘‘(A) CONSIDERATIONS.— 
‘‘(i) IN GENERAL.—In identifying alternatives under 
paragraph (1), the Secretary shall consider the rec-
ommendations of the Committee on National Statistics 
of the National Academy of Sciences relating to use 
of the American Community Survey of the Bureau 
of the Census and other data sources. 
‘‘(ii) SOCIOECONOMIC SURVEY.—The Secretary shall 
consider use of a periodic socioeconomic survey of 
households of children attending school in the school 
food authority in not more than 3 school food authori-
ties participating in the school lunch program under 
this Act. 
‘‘(iii) SURVEY
PARAMETERS.—The Secretary shall 
establish requirements for the use of a socioeconomic 
survey under clause (ii), which shall— 
‘‘(I) include criteria for survey design, sample 
frame validity, minimum level of statistical preci-
sion, minimum survey response rates, frequency 
Effective date. 
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124 STAT. 3200 
PUBLIC LAW 111–296—DEC. 13, 2010 
of data collection, and other criteria as determined 
by the Secretary; 
‘‘(II) be consistent with the Standards and 
Guidelines for Statistical Surveys, as published 
by the Office of Management and Budget; 
‘‘(III) be consistent with standards and 
requirements that ensure proper use of Federal 
funds; and 
‘‘(IV) specify that the socioeconomic survey be 
conducted at least once every 4 years. 
‘‘(B) USE OF ALTERNATIVES.—Alternatives described in 
subparagraph (A) that provide accurate and effective means 
of providing meal reimbursement consistent with the eligi-
bility status of students may be— 
‘‘(i) implemented for use in schools or by school 
food authorities that agree— 
‘‘(I) to serve all breakfasts and lunches to stu-
dents at no cost in accordance with regulations 
issued by the Secretary; and 
‘‘(II) to pay, from sources other than Federal 
funds, the costs of serving any lunches and break-
fasts that are in excess of the value of assistance 
received under this Act or the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.) with respect 
to the number of lunches and breakfasts served 
during the applicable period; or 
‘‘(ii) further tested through demonstration projects 
carried out by the Secretary in accordance with 
subparagraph (C). 
‘‘(C) DEMONSTRATION PROJECTS.— 
‘‘(i) IN GENERAL.—For the purpose of carrying out 
demonstration projects described in subparagraph (B), 
the Secretary may waive any requirement of this Act 
relating to— 
‘‘(I) counting of meals provided by school lunch 
or breakfast programs; 
‘‘(II) applications for eligibility for free or 
reduced priced meals; or 
‘‘(III) required direct certification under section 
9(b)(4). 
‘‘(ii) NUMBER OF PROJECTS.—The Secretary shall 
carry out demonstration projects under this paragraph 
in not more than 5 local educational agencies for each 
alternative model that is being tested. 
‘‘(iii) LIMITATION.—A demonstration project carried 
out under this paragraph shall have a duration of 
not more than 3 years. 
‘‘(iv) EVALUATION.—The Secretary shall evaluate 
each demonstration project carried out under this para-
graph in accordance with procedures established by 
the Secretary. 
‘‘(v) REQUIREMENT.—In carrying out evaluations 
under clause (iv), the Secretary shall evaluate, using 
comparisons with local educational agencies with 
similar demographic characteristics— 
‘‘(I) the accuracy of the 1 or more methodolo-
gies adopted as compared to the daily counting 
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124 STAT. 3201 
PUBLIC LAW 111–296—DEC. 13, 2010 
by category of meals provided by school meal pro-
grams under this Act or the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.) and the use of 
annual applications as the basis for eligibility to 
receive free or reduced price meals under those 
Acts; 
‘‘(II) the effect of the 1 or more methodologies 
adopted on participation in programs under those 
Acts; 
‘‘(III) the effect of the 1 or more methodologies 
adopted on administration of programs under those 
Acts; and 
‘‘(IV) such other matters as the Secretary 
determines to be appropriate.’’. 
SEC. 105. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PRO-
GRAMS. 
The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 23. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PRO-
GRAMS. 
‘‘(a) DEFINITION OF QUALIFYING SCHOOL.—In this section, the 
term ‘qualifying school’ means a school in severe need, as described 
in section 4(d)(1). 
‘‘(b) ESTABLISHMENT.—Subject to the availability of appropria-
tions provided in advance in an appropriations Act specifically 
for the purpose of carrying out this section, the Secretary shall 
establish a program under which the Secretary shall provide grants, 
on a competitive basis, to State educational agencies for the purpose 
of providing subgrants to local educational agencies for qualifying 
schools to establish, maintain, or expand the school breakfast pro-
gram in accordance with this section. 
‘‘(c) GRANTS TO STATE EDUCATIONAL AGENCIES.— 
‘‘(1) APPLICATION.—To be eligible to receive a grant under 
this section, a State educational agency shall submit to the 
Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require. 
‘‘(2) ADMINISTRATION.—In carrying out this section, the Sec-
retary shall— 
‘‘(A) develop an appropriate competitive application 
process; and 
‘‘(B) make information available to State educational 
agencies concerning the availability of funds under this 
section. 
‘‘(3) ALLOCATION.—The amount of grants provided by the 
Secretary to State educational agencies for a fiscal year under 
this section shall not exceed the lesser of— 
‘‘(A) the product obtained by multiplying— 
‘‘(i) the number of qualifying schools receiving sub-
grants or other benefits under subsection (d) for the 
fiscal year; and 
‘‘(ii) the maximum amount of a subgrant provided 
to a qualifying school under subsection (d)(4)(B); or 
‘‘(B) $2,000,000. 
‘‘(d) SUBGRANTS TO QUALIFYING SCHOOLS.— 
‘‘(1) IN
GENERAL.—A State educational agency receiving 
a grant under this section shall use funds made available 
42 USC 1793. 
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124 STAT. 3202 
PUBLIC LAW 111–296—DEC. 13, 2010 
under the grant to award subgrants to local educational agen-
cies for a qualifying school or groups of qualifying schools 
to carry out activities in accordance with this section. 
‘‘(2) PRIORITY.—In awarding subgrants under this sub-
section, a State educational agency shall give priority to local 
educational agencies with qualifying schools in which at least 
75 percent of the students are eligible for free or reduced 
price school lunches under the school lunch program established 
under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.). 
‘‘(3) STATE AND DISTRICT TRAINING AND TECHNICAL SUP-
PORT.—A local educational agency or State educational agency 
may allocate a portion of each subgrant to provide training 
and technical assistance to the staff of qualifying schools to 
carry out the purposes of this section. 
‘‘(4) AMOUNT; TERM.— 
‘‘(A) IN
GENERAL.—Except as otherwise provided in 
this paragraph, a subgrant provided by a State educational 
agency to a local educational agency or qualifying school 
under this section shall be in such amount, and shall 
be provided for such term, as the State educational agency 
determines appropriate. 
‘‘(B) MAXIMUM AMOUNT.—The amount of a subgrant 
provided by a State educational agency to a local edu-
cational agency for a qualifying school or a group of quali-
fying schools under this subsection shall not exceed $10,000 
for each school year. 
‘‘(C) MAXIMUM
GRANT
TERM.—A local educational 
agency or State educational agency shall not provide sub-
grants to a qualifying school under this subsection for 
more than 2 fiscal years. 
‘‘(e) BEST PRACTICES.— 
‘‘(1) IN
GENERAL.—Prior to awarding grants under this 
section, the Secretary shall make available to State educational 
agencies information regarding the most effective mechanisms 
by which to increase school breakfast participation among 
eligible children at qualifying schools. 
‘‘(2) PREFERENCE.—In awarding subgrants under this sec-
tion, a State educational agency shall give preference to local 
educational agencies for qualifying schools or groups of quali-
fying schools that have adopted, or provide assurances that 
the subgrant funds will be used to adopt, the most effective 
mechanisms identified by the Secretary under paragraph (1). 
‘‘(f) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—A qualifying school may use a grant 
provided under this section— 
‘‘(A) to establish, promote, or expand a school breakfast 
program of the qualifying school under this section, which 
shall include a nutritional education component; 
‘‘(B) to extend the period during which school breakfast 
is available at the qualifying school; 
‘‘(C) to provide school breakfast to students of the 
qualifying school during the school day; or 
‘‘(D) for other appropriate purposes, as determined by 
the Secretary. 
‘‘(2) REQUIREMENT.—Each activity of a qualifying school 
under this subsection shall be carried out in accordance with 
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124 STAT. 3203 
PUBLIC LAW 111–296—DEC. 13, 2010 
applicable nutritional guidelines and regulations issued by the 
Secretary. 
‘‘(g) MAINTENANCE OF EFFORT.—Grants made available under 
this section shall not diminish or otherwise affect the expenditure 
of funds from State and local sources for the maintenance of the 
school breakfast program. 
‘‘(h) REPORTS.—Not later than 18 months following the end 
of a school year during which subgrants are awarded under this 
section, the Secretary shall submit to Congress a report describing 
the activities of the qualifying schools awarded subgrants. 
‘‘(i) EVALUATION.—Not later than 180 days before the end of 
a grant term under this section, a local educational agency that 
receives a subgrant under this section shall— 
‘‘(1) evaluate whether electing to provide universal free 
breakfasts under the school breakfast program in accordance 
with Provision 2 as established under subsections (b) through 
(k) of section 245.9 of title 7, Code of Federal Regulations 
(or successor regulations), would be cost-effective for the quali-
fied schools based on estimated administrative savings and 
economies of scale; and 
‘‘(2) submit the results of the evaluation to the State edu-
cational agency. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as are 
necessary for each of fiscal years 2010 through 2015.’’. 
Subtitle B—Summer Food Service Program 
SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC AND PRI-
VATE SPONSORS. 
Section 13(a) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1761(a)) is amended by striking paragraph (7) and 
inserting the following: 
‘‘(7) PRIVATE NONPROFIT ORGANIZATIONS.— 
‘‘(A) DEFINITION
OF
PRIVATE
NONPROFIT
ORGANIZA-
TION.—In this paragraph, the term ‘private nonprofit 
organization’ means an organization that— 
‘‘(i) exercises full control and authority over the 
operation of the program at all sites under the sponsor-
ship of the organization; 
‘‘(ii) provides ongoing year-round activities for chil-
dren or families; 
‘‘(iii) demonstrates that the organization has ade-
quate management and the fiscal capacity to operate 
a program under this section; 
‘‘(iv) is an organization described in section 501(c) 
of the Internal Revenue Code of 1986 and exempt 
from taxation under 501(a) of that Code; and 
‘‘(v) meets applicable State and local health, safety, 
and sanitation standards. 
‘‘(B) 
ELIGIBILITY.—Private 
nonprofit 
organizations 
(other than organizations eligible under paragraph (1)) 
shall be eligible for the program under the same terms 
and conditions as other service institutions.’’. 
Deadline. 
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124 STAT. 3204 
PUBLIC LAW 111–296—DEC. 13, 2010 
SEC. 112. OUTREACH TO ELIGIBLE FAMILIES. 
Section 13(a) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1761(a)) is amended by adding at the end the 
following: 
‘‘(11) OUTREACH TO ELIGIBLE FAMILIES.— 
‘‘(A) IN GENERAL.—The Secretary shall require each 
State agency that administers the national school lunch 
program under this Act to ensure that, to the maximum 
extent practicable, school food authorities participating in 
the school lunch program under this Act cooperate with 
participating service institutions to distribute materials to 
inform families of— 
‘‘(i) the availability and location of summer food 
service program meals; and 
‘‘(ii) the availability of reimbursable breakfasts 
served under the school breakfast program established 
by section 4 of the Child Nutrition Act of 1966 (42 
U.S.C. 1773). 
‘‘(B) INCLUSIONS.—Informational activities carried out 
under subparagraph (A) may include— 
‘‘(i) the development or dissemination of printed 
materials, to be distributed to all school children or 
the families of school children prior to the end of the 
school year, that inform families of the availability 
and location of summer food service program meals; 
‘‘(ii) the development or dissemination of materials, 
to be distributed using electronic means to all school 
children or the families of school children prior to 
the end of the school year, that inform families of 
the availability and location of summer food service 
program meals; and 
‘‘(iii) such other activities as are approved by the 
applicable State agency to promote the availability and 
location of summer food service program meals to 
school children and the families of school children. 
‘‘(C) MULTIPLE STATE AGENCIES.—If the State agency 
administering the program under this section is not the 
same State agency that administers the school lunch pro-
gram under this Act, the 2 State agencies shall work 
cooperatively to implement this paragraph.’’. 
SEC. 113. SUMMER FOOD SERVICE SUPPORT GRANTS. 
Section 13(a) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1761(a)) (as amended by section 112) is amended 
by adding at the end the following: 
‘‘(12) SUMMER FOOD SERVICE SUPPORT GRANTS.— 
‘‘(A) IN GENERAL.—The Secretary shall use funds made 
available to carry out this paragraph to award grants on 
a competitive basis to State agencies to provide to eligible 
service institutions— 
‘‘(i) technical assistance; 
‘‘(ii) assistance with site improvement costs; or 
‘‘(iii) other innovative activities that improve and 
encourage sponsor retention. 
‘‘(B) ELIGIBILITY.—To be eligible to receive a grant 
under this paragraph, a State agency shall submit an 
application to the Secretary in such manner, at such time, 
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124 STAT. 3205 
PUBLIC LAW 111–296—DEC. 13, 2010 
and containing such information as the Secretary may 
require. 
‘‘(C) PRIORITY.—In making grants under this para-
graph, the Secretary shall give priority to— 
‘‘(i) applications from States with significant low- 
income child populations; and 
‘‘(ii) State plans that demonstrate innovative 
approaches to retain and support summer food service 
programs after the expiration of the start-up funding 
grants. 
‘‘(D) USE
OF
FUNDS.—A State and eligible service 
institution may use funds made available under this para-
graph to pay for such costs as the Secretary determines 
are necessary to establish and maintain summer food 
service programs. 
‘‘(E) REALLOCATION.—The Secretary may reallocate any 
amounts made available to carry out this paragraph that 
are not obligated or expended, as determined by the Sec-
retary. 
‘‘(F) AUTHORIZATION
OF
APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this paragraph 
$20,000,000 for fiscal years 2011 through 2015.’’. 
Subtitle C—Child and Adult Care Food 
Program 
SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINATIONS IN THE 
CHILD AND ADULT CARE FOOD PROGRAM. 
Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)(bb)) is amended 
by striking ‘‘elementary’’. 
SEC. 122. EXPANSION OF AFTERSCHOOL MEALS FOR AT-RISK CHIL-
DREN. 
Section 17(r) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(r)) is amended by striking paragraph (5) and 
inserting the following: 
‘‘(5) LIMITATION.—An institution participating in the pro-
gram under this subsection may not claim reimbursement for 
meals and snacks that are served under section 18(h) on the 
same day. 
‘‘(6) HANDBOOK.— 
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of the Healthy, Hunger-Free Kids Act 
of 2010, the Secretary shall— 
‘‘(i) issue guidelines for afterschool meals for at- 
risk school children; and 
‘‘(ii) publish a handbook reflecting those guidelines. 
‘‘(B) REVIEW.—Each year after the issuance of guide-
lines under subparagraph (A), the Secretary shall— 
‘‘(i) review the guidelines; and 
‘‘(ii) issue a revised handbook reflecting changes 
made to the guidelines.’’. 
Deadline. 
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124 STAT. 3206 
PUBLIC LAW 111–296—DEC. 13, 2010 
Subtitle D—Special Supplemental Nutri-
tion Program for Women, Infants, and 
Children 
SEC. 131. CERTIFICATION PERIODS. 
Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(d)(3)(A)) is amended by adding at the end the following: 
‘‘(iii) CHILDREN.—A State may elect to certify 
participant children for a period of up to 1 year, if 
the State electing the option provided under this clause 
ensures that participant children receive required 
health and nutrition assessments.’’. 
Subtitle E—Miscellaneous 
SEC. 141. CHILDHOOD HUNGER RESEARCH. 
The Richard B. Russell National School Lunch Act is amended 
by inserting after section 22 (42 U.S.C. 1769c) the following: 
‘‘SEC. 23. CHILDHOOD HUNGER RESEARCH. 
‘‘(a) RESEARCH ON CAUSES AND CONSEQUENCES OF CHILDHOOD 
HUNGER.— 
‘‘(1) IN GENERAL.—The Secretary shall conduct research 
on— 
‘‘(A) the causes of childhood hunger and food insecurity; 
‘‘(B) the characteristics of households with childhood 
hunger and food insecurity; and 
‘‘(C) the consequences of childhood hunger and food 
insecurity. 
‘‘(2) AUTHORITY.—In carrying out research under paragraph 
(1), the Secretary may— 
‘‘(A) enter into competitively awarded contracts or 
cooperative agreements; or 
‘‘(B) provide grants to States or public or private agen-
cies or organizations, as determined by the Secretary. 
‘‘(3) APPLICATION.—To be eligible to enter into a contract 
or cooperative agreement or receive a grant under this sub-
section, a State or public or private agency or organization 
shall submit to the Secretary an application at such time, 
in such manner, and containing such information as the Sec-
retary shall require. 
‘‘(4) AREAS OF INQUIRY.—The Secretary shall design the 
research program to advance knowledge and understanding 
of information on the issues described in paragraph (1), such 
as— 
‘‘(A) economic, health, social, cultural, demographic, 
and other factors that contribute to childhood hunger or 
food insecurity; 
‘‘(B) the geographic distribution of childhood hunger 
and food insecurity; 
‘‘(C) the extent to which— 
‘‘(i) existing Federal assistance programs, including 
the Internal Revenue Code of 1986, reduce childhood 
hunger and food insecurity; and 
42 USC 1769d. 
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124 STAT. 3207 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(ii) childhood hunger and food insecurity persist 
due to— 
‘‘(I) gaps in program coverage; 
‘‘(II) the inability of potential participants to 
access programs; or 
‘‘(III) the insufficiency of program benefits or 
services; 
‘‘(D) the public health and medical costs of childhood 
hunger and food insecurity; 
‘‘(E) an estimate of the degree to which the Census 
Bureau measure of food insecurity underestimates child-
hood hunger and food insecurity because the Census 
Bureau excludes certain households, such as homeless, or 
other factors; 
‘‘(F) the effects of childhood hunger on child develop-
ment, well-being, and educational attainment; and 
‘‘(G) such other critical outcomes as are determined 
by the Secretary. 
‘‘(5) FUNDING.— 
‘‘(A) IN
GENERAL.—On October 1, 2012, out of any 
funds in the Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the Secretary to 
carry out this subsection $10,000,000, to remain available 
until expended. 
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 
be entitled to receive, shall accept, and shall use to carry 
out this subsection the funds transferred under subpara-
graph (A), without further appropriation. 
‘‘(b) DEMONSTRATION PROJECTS TO END CHILDHOOD HUNGER.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CHILD.—The term ‘child’ means a person under 
the age of 18. 
‘‘(B) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 
The term ‘supplemental nutrition assistance program’ 
means the supplemental nutrition assistance program 
established under the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.). 
‘‘(2) PURPOSE.—Under such terms and conditions as are 
established by the Secretary, the Secretary shall carry out 
demonstration projects that test innovative strategies to end 
childhood hunger, including alternative models for service 
delivery and benefit levels that promote the reduction or elimi-
nation of childhood hunger and food insecurity. 
‘‘(3) PROJECTS.—Demonstration projects carried out under 
this subsection may include projects that— 
‘‘(A) enhance benefits provided under the supplemental 
nutrition assistance program for eligible households with 
children; 
‘‘(B) enhance benefits or provide for innovative program 
delivery models in the school meals, afterschool snack, 
and child and adult care food programs under this Act 
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
seq.); and 
‘‘(C) target Federal, State, or local assistance, including 
emergency housing or family preservation services, at 
households with children who are experiencing hunger or 
food insecurity, to the extent permitted by the legal 
Effective date. 
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124 STAT. 3208 
PUBLIC LAW 111–296—DEC. 13, 2010 
authority establishing those assistance programs and serv-
ices. 
‘‘(4) GRANTS.— 
‘‘(A) DEMONSTRATION PROJECTS.— 
‘‘(i) IN GENERAL.—In carrying out this subsection, 
the Secretary may enter into competitively awarded 
contracts or cooperative agreements with, or provide 
grants to, public or private organizations or agencies 
(as determined by the Secretary), for use in accordance 
with demonstration projects that meet the purposes 
of this subsection. 
‘‘(ii) REQUIREMENT.—At least 1 demonstration 
project funded under this subsection shall be carried 
out on an Indian reservation in a rural area with 
a service population with a prevalence of diabetes that 
exceeds 15 percent, as determined by the Director of 
the Indian Health Service. 
‘‘(B) APPLICATION.—To be eligible to receive a contract, 
cooperative agreement, or grant under this subsection, an 
organization or agency shall submit to the Secretary an 
application at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘(C) SELECTION
CRITERIA.—Demonstration projects 
shall be selected based on publicly disseminated criteria 
that may include— 
‘‘(i) an identification of a low-income target group 
that reflects individuals experiencing hunger or food 
insecurity; 
‘‘(ii) a commitment to a demonstration project that 
allows for a rigorous outcome evaluation as described 
in paragraph (6); 
‘‘(iii) a focus on innovative strategies to reduce 
the risk of childhood hunger or provide a significant 
improvement to the food security status of households 
with children; and 
‘‘(iv) such other criteria as are determined by the 
Secretary. 
‘‘(5) CONSULTATION.—In determining the range of projects 
and defining selection criteria under this subsection, the Sec-
retary shall consult with— 
‘‘(A) the Secretary of Health and Human Services; 
‘‘(B) the Secretary of Labor; and 
‘‘(C) the Secretary of Housing and Urban Development. 
‘‘(6) EVALUATION AND REPORTING.— 
‘‘(A) INDEPENDENT EVALUATION.—The Secretary shall 
provide for an independent evaluation of each demonstra-
tion project carried out under this subsection that— 
‘‘(i) measures the impact of each demonstration 
project on appropriate participation, food security, 
nutrition, and associated behavioral outcomes among 
participating households; and 
‘‘(ii) uses rigorous experimental designs and meth-
odologies, particularly random assignment or other 
methods that are capable of producing scientifically 
valid information regarding which activities are effec-
tive in reducing the prevalence or preventing the 
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124 STAT. 3209 
PUBLIC LAW 111–296—DEC. 13, 2010 
incidence of food insecurity and hunger in the commu-
nity, especially among children. 
‘‘(B) REPORTING.—Not later than December 31, 2013 
and each December 31 thereafter until the date on which 
the last evaluation under subparagraph (A) is completed, 
the Secretary shall— 
‘‘(i) submit to the Committee on Agriculture and 
the Committee on Education and Labor of the House 
of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report that 
includes a description of— 
‘‘(I) the status of each demonstration project; 
and 
‘‘(II) the results of any evaluations of the dem-
onstration projects completed during the previous 
fiscal year; and 
‘‘(ii) ensure that the evaluation results are shared 
broadly to inform policy makers, service providers, 
other partners, and the public in order to promote 
the wide use of successful strategies. 
‘‘(7) FUNDING.— 
‘‘(A) IN
GENERAL.—On October 1, 2012, out of any 
funds in the Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the Secretary to 
carry out this subsection $40,000,000, to remain available 
until September 30, 2017. 
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 
be entitled to receive, shall accept, and shall use to carry 
out this subsection the funds transferred under subpara-
graph (A), without further appropriation. 
‘‘(C) USE OF FUNDS.— 
‘‘(i) IN
GENERAL.—Funds made available under 
subparagraph (A) may be used to carry out this sub-
section, including to pay Federal costs associated with 
developing, soliciting, awarding, monitoring, evalu-
ating, and disseminating the results of each demonstra-
tion project under this subsection. 
‘‘(ii) INDIAN
RESERVATIONS.—Of amounts made 
available under subparagraph (A), the Secretary shall 
use a portion of the amounts to carry out research 
relating to hunger, obesity and type 2 diabetes on 
Indian reservations, including research to determine 
the manner in which Federal nutrition programs can 
help to overcome those problems. 
‘‘(iii) REPORT.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall 
submit to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report that— 
‘‘(I) describes the manner in which Federal 
nutrition programs can help to overcome child 
hunger nutrition problems on Indian reservations; 
and 
‘‘(II) contains proposed administrative and 
legislative recommendations to strengthen and 
streamline all relevant Department of Agriculture 
Effective date. 
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124 STAT. 3210 
PUBLIC LAW 111–296—DEC. 13, 2010 
nutrition programs to reduce childhood hunger, 
obesity, and type 2 diabetes on Indian reservations. 
‘‘(D) LIMITATIONS.— 
‘‘(i) DURATION.—No project may be funded under 
this subsection for more than 5 years. 
‘‘(ii) PROJECT
REQUIREMENTS.—No project that 
makes use of, alters, or coordinates with the supple-
mental nutrition assistance program may be funded 
under this subsection unless the project is fully con-
sistent with the project requirements described in sec-
tion 17(b)(1)(B) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2026(b)(1)(B)). 
‘‘(iii) HUNGER-FREE COMMUNITIES.—No project may 
be funded under this subsection that receives funding 
under section 4405 of the Food, Conservation, and 
Energy Act of 2008 (7 U.S.C. 7517). 
‘‘(iv) OTHER
BENEFITS.—Funds made available 
under this subsection may not be used for any project 
in a manner that is inconsistent with— 
‘‘(I) this Act; 
‘‘(II) the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.); 
‘‘(III) the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.); or 
‘‘(IV) the Emergency Food Assistance Act of 
1983 (7 U.S.C. 7501 et seq.).’’. 
SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE GRANTS. 
The Richard B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.) is amended by inserting after section 23 (as added 
by section 141) the following: 
‘‘SEC. 24. STATE CHILDHOOD HUNGER CHALLENGE GRANTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHILD.—The term ‘child’ means a person under the 
age of 18. 
‘‘(2) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—The 
term ‘supplemental nutrition assistance program’ means the 
supplemental nutrition assistance program established under 
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). 
‘‘(b) PURPOSE.—Under such terms and conditions as are estab-
lished by the Secretary, funds made available under this section 
may be used to competitively award grants to or enter into coopera-
tive agreements with Governors to carry out comprehensive and 
innovative strategies to end childhood hunger, including alternative 
models for service delivery and benefit levels that promote the 
reduction or elimination of childhood hunger by 2015. 
‘‘(c) PROJECTS.—State demonstration projects carried out under 
this section may include projects that— 
‘‘(1) enhance benefits provided under the supplemental 
nutrition assistance program for eligible households with chil-
dren; 
‘‘(2) enhance benefits or provide for innovative program 
delivery models in the school meals, afterschool snack, and 
child and adult care food programs under this Act and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); 
‘‘(3) target Federal, State, or local assistance, including 
emergency housing, family preservation services, child care, 
42 USC 1769e. 
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124 STAT. 3211 
PUBLIC LAW 111–296—DEC. 13, 2010 
or temporary assistance at households with children who are 
experiencing hunger or food insecurity, to the extent permitted 
by the legal authority establishing those assistance programs 
and services; 
‘‘(4) enhance outreach to increase access and participation 
in Federal nutrition assistance programs; and 
‘‘(5) improve the coordination of Federal, State, and commu-
nity resources and services aimed at preventing food insecurity 
and hunger, including through the establishment and expansion 
of State food policy councils. 
‘‘(d) GRANTS.— 
‘‘(1) IN GENERAL.—In carrying out this section, the Sec-
retary may competitively award grants or enter into competi-
tively awarded cooperative agreements with Governors for use 
in accordance with demonstration projects that meet the pur-
poses of this section. 
‘‘(2) APPLICATION.—To be eligible to receive a grant or 
cooperative agreement under this section, a Governor shall 
submit to the Secretary an application at such time, in such 
manner, and containing such information as the Secretary may 
require. 
‘‘(3) SELECTION
CRITERIA.—The Secretary shall evaluate 
proposals based on publicly disseminated criteria that may 
include— 
‘‘(A) an identification of a low-income target group 
that reflects individuals experiencing hunger or food insecu-
rity; 
‘‘(B) a commitment to approaches that allow for a rig-
orous outcome evaluation as described in subsection (f); 
‘‘(C) a comprehensive and innovative strategy to reduce 
the risk of childhood hunger or provide a significant 
improvement to the food security status of households with 
children; and 
‘‘(D) such other criteria as are determined by the Sec-
retary. 
‘‘(4) REQUIREMENTS.—Any project funded under this section 
shall provide for— 
‘‘(A) a baseline assessment, and subsequent annual 
assessments, of the prevalence and severity of very low 
food security among children in the State, based on a 
methodology prescribed by the Secretary; 
‘‘(B) a collaborative planning process including key 
stakeholders in the State that results in a comprehensive 
agenda to eliminate childhood hunger that is— 
‘‘(i) described in a detailed project plan; and 
‘‘(ii) provided to the Secretary for approval; 
‘‘(C) an annual budget; 
‘‘(D) specific performance goals, including the goal to 
sharply reduce or eliminate food insecurity among children 
in the State by 2015, as determined through a methodology 
prescribed by the Secretary and carried out by the Gov-
ernor; and 
‘‘(E) an independent outcome evaluation of not less 
than 1 major strategy of the project that measures— 
‘‘(i) the specific impact of the strategy on food 
insecurity among children in the State; and 
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124 STAT. 3212 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(ii) if applicable, the nutrition assistance partici-
pation rate among children in the State. 
‘‘(e) CONSULTATION.—In determining the range of projects and 
defining selection criteria under this section, the Secretary shall 
consult with— 
‘‘(1) the Secretary of Health and Human Services; 
‘‘(2) the Secretary of Labor; 
‘‘(3) the Secretary of Education; and 
‘‘(4) the Secretary of Housing and Urban Development. 
‘‘(f) EVALUATION AND REPORTING.— 
‘‘(1) GENERAL
PERFORMANCE
ASSESSMENT.—Each project 
authorized under this section shall require an independent 
assessment that— 
‘‘(A) measures the impact of any activities carried out 
under the project on the level of food insecurity in the 
State that— 
‘‘(i) focuses particularly on the level of food insecu-
rity among children in the State; and 
‘‘(ii) includes a preimplementation baseline and 
annual measurements taken during the project of the 
level of food insecurity in the State; and 
‘‘(B) is carried out using a methodology prescribed by 
the Secretary. 
‘‘(2) INDEPENDENT EVALUATION.—Each project authorized 
under this section shall provide for an independent evaluation 
of not less than 1 major strategy that— 
‘‘(A) measures the impact of the strategy on appropriate 
participation, food security, nutrition, and associated 
behavioral outcomes among participating households; and 
‘‘(B) uses rigorous experimental designs and methodolo-
gies, particularly random assignment or other methods that 
are capable of producing scientifically valid information 
regarding which activities are effective in reducing the 
prevalence or preventing the incidence of food insecurity 
and hunger in the community, especially among children. 
‘‘(3) REPORTING.—Not later than December 31, 2011 and 
each December 31 thereafter until the date on which the last 
evaluation under paragraph (1) is completed, the Secretary 
shall— 
‘‘(A) submit to the Committee on Agriculture and the 
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a report that includes a descrip-
tion of— 
‘‘(i) the status of each State demonstration project; 
and 
‘‘(ii) the results of any evaluations of the dem-
onstration projects completed during the previous fiscal 
year; and 
‘‘(B) ensure that the evaluation results are shared 
broadly to inform policy makers, service providers, other 
partners, and the public in order to promote the wide 
use of successful strategies. 
‘‘(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 
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124 STAT. 3213 
PUBLIC LAW 111–296—DEC. 13, 2010 
of fiscal years 2011 through 2014, to remain available until 
expended. 
‘‘(2) USE OF FUNDS.—Funds made available under para-
graph (1) may be used to carry out this section, including 
to pay Federal costs associated with developing, soliciting, 
awarding, monitoring, evaluating, and disseminating the 
results of each demonstration project under this section. 
‘‘(3) LIMITATIONS.— 
‘‘(A) DURATION.—No project may be funded under this 
section for more than 5 years. 
‘‘(B) PERFORMANCE BASIS.—Funds provided under this 
section shall be made available to each Governor on an 
annual basis, with the amount of funds provided for each 
year contingent on the satisfactory implementation of the 
project plan and progress towards the performance goals 
defined in the project year plan. 
‘‘(C) 
ALTERING
NUTRITION
ASSISTANCE
PROGRAM 
REQUIREMENTS.—No project that makes use of, alters, or 
coordinates with the supplemental nutrition assistance pro-
gram may be funded under this section unless the project 
is fully consistent with the project requirements described 
in section 17(b)(1)(B) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2026(b)(1)(B)). 
‘‘(D) OTHER BENEFITS.—Funds made available under 
this section may not be used for any project in a manner 
that is inconsistent with— 
‘‘(i) this Act; 
‘‘(ii) the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.); 
‘‘(iii) the Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.); or 
‘‘(iv) the Emergency Food Assistance Act of 1983 
(7 U.S.C. 7501 et seq.).’’. 
SEC. 143. REVIEW OF LOCAL POLICIES ON MEAL CHARGES AND PROVI-
SION OF ALTERNATE MEALS. 
(a) IN GENERAL.— 
(1) REVIEW.—The Secretary, in conjunction with States 
and participating local educational agencies, shall examine the 
current policies and practices of States and local educational 
agencies regarding extending credit to children to pay the cost 
to the children of reimbursable school lunches and breakfasts. 
(2) SCOPE.—The examination under paragraph (1) shall 
include the policies and practices in effect as of the date of 
enactment of this Act relating to providing to children who 
are without funds a meal other than the reimbursable meals. 
(3) FEASIBILITY.—In carrying out the examination under 
paragraph (1), the Secretary shall— 
(A) prepare a report on the feasibility of establishing 
national standards for meal charges and the provision of 
alternate meals; and 
(B) provide recommendations for implementing those 
standards. 
(b) FOLLOWUP ACTIONS.— 
(1) IN GENERAL.—Based on the findings and recommenda-
tions under subsection (a), the Secretary may— 
Recommenda- 
tions. 
Reports. 
42 USC 1758 
note. 
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124 STAT. 3214 
PUBLIC LAW 111–296—DEC. 13, 2010 
(A) implement standards described in paragraph (3) 
of that subsection through regulation; 
(B) test recommendations through demonstration 
projects; or 
(C) study further the feasibility of recommendations. 
(2) FACTORS FOR CONSIDERATION.—In determining how best 
to implement recommendations described in subsection (a)(3), 
the Secretary shall consider such factors as— 
(A) the impact of overt identification on children; 
(B) the manner in which the affected households will 
be provided with assistance in establishing eligibility for 
free or reduced price school meals; and 
(C) the potential financial impact on local educational 
agencies. 
TITLE II—REDUCING CHILDHOOD OBE-
SITY AND IMPROVING THE DIETS OF 
CHILDREN 
Subtitle A—National School Lunch 
Program 
SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE INCREASES 
FOR NEW MEAL PATTERNS. 
Section 4(b) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1753(b)) is amended by adding at the end the 
following: 
‘‘(3) ADDITIONAL REIMBURSEMENT.— 
‘‘(A) REGULATIONS.— 
‘‘(i) 
PROPOSED
REGULATIONS.—Notwithstanding 
section 9(f), not later than 18 months after the date 
of enactment of this paragraph, the Secretary shall 
promulgate proposed regulations to update the meal 
patterns and nutrition standards for the school lunch 
program authorized under this Act and the school 
breakfast program established by section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773) based on rec-
ommendations made by the Food and Nutrition Board 
of the National Research Council of the National 
Academy of Sciences. 
‘‘(ii) INTERIM OR FINAL REGULATIONS.— 
‘‘(I) IN GENERAL.—Not later than 18 months 
after promulgation of the proposed regulations 
under clause (i), the Secretary shall promulgate 
interim or final regulations. 
‘‘(II) DATE
OF
REQUIRED
COMPLIANCE.—The 
Secretary shall establish in the interim or final 
regulations a date by which all school food authori-
ties 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 
Deadlines. 
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124 STAT. 3215 
PUBLIC LAW 111–296—DEC. 13, 2010 
standards established in the interim or final regu-
lations. 
‘‘(iii) REPORT
TO
CONGRESS.—Not later than 90 
days after the date of enactment of this paragraph, 
and each 90 days thereafter until the Secretary has 
promulgated interim or final regulations under clause 
(ii), the Secretary shall submit to the Committee on 
Education and Labor of the House of Representatives 
and the Committee on Agriculture, Nutrition, and For-
estry of the Senate a quarterly report on progress 
made toward promulgation of the regulations described 
in this subparagraph. 
‘‘(B) 
PERFORMANCE-BASED
REIMBURSEMENT
RATE 
INCREASE.—Beginning on the later of the date of promulga-
tion of the implementing regulations described in subpara-
graph (A)(ii), the date of enactment of this paragraph, 
or October 1, 2012, the Secretary shall provide additional 
reimbursement for each lunch served in school food authori-
ties determined to be eligible under subparagraph (D). 
‘‘(C) ADDITIONAL REIMBURSEMENT.— 
‘‘(i) IN GENERAL.—Each lunch served in school food 
authorities determined to be eligible under subpara-
graph (D) shall receive an additional 6 cents, adjusted 
in accordance with section 11(a)(3), to the national 
lunch average payment for each lunch served. 
‘‘(ii) DISBURSEMENT.—The State agency shall dis-
burse funds made available under this paragraph to 
school food authorities eligible to receive additional 
reimbursement. 
‘‘(D) ELIGIBLE SCHOOL FOOD AUTHORITY.—To be eligible 
to receive an additional reimbursement described in this 
paragraph, a school food authority shall be certified by 
the State to be in compliance with the interim or final 
regulations described in subparagraph (A)(ii). 
‘‘(E) FAILURE TO COMPLY.—Beginning on the later of 
the date described in subparagraph (A)(ii)(II), the date 
of enactment of this paragraph, or October 1, 2012, school 
food authorities found to be out of compliance with the 
meal patterns or nutrition standards established by the 
implementing regulations shall not receive the additional 
reimbursement for each lunch served described in this 
paragraph. 
‘‘(F) ADMINISTRATIVE COSTS.— 
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), 
the Secretary shall make funds available to States 
for State activities related to training, technical assist-
ance, certification, and oversight activities of this para-
graph. 
‘‘(ii) PROVISION
OF
FUNDS.—The Secretary shall 
provide funds described in clause (i) to States admin-
istering a school lunch program in a manner propor-
tional to the administrative expense allocation of each 
State during the preceding fiscal year. 
‘‘(iii) FUNDING.— 
‘‘(I) IN
GENERAL.—In the later of the fiscal 
year in which the implementing regulations 
described in subparagraph (A)(ii) are promulgated 
Effective date. 
Effective date. 
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124 STAT. 3216 
PUBLIC LAW 111–296—DEC. 13, 2010 
or the fiscal year in which this paragraph is 
enacted, and in the subsequent fiscal year, the 
Secretary shall use not more than $50,000,000 of 
funds made available under section 3 to make 
payments to States described in clause (i). 
‘‘(II) RESERVATION.—In providing funds to 
States under clause (i), the Secretary may reserve 
not more than $3,000,000 per fiscal year to support 
Federal administrative activities to carry out this 
paragraph.’’. 
SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK. 
Section 9(a)(2)(A) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended by striking clause 
(i) and inserting the following: 
‘‘(i) shall offer students a variety of fluid milk. 
Such milk shall be consistent with the most recent 
Dietary Guidelines for Americans published under sec-
tion 301 of the National Nutrition Monitoring and 
Related Research Act of 1990 (7 U.S.C. 5341);’’. 
SEC. 203. WATER. 
Section 9(a) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(a)) is amended by adding at the end the 
following: 
‘‘(5) WATER.—Schools participating in the school lunch pro-
gram under this Act shall make available to children free 
of charge, as nutritionally appropriate, potable water for 
consumption in the place where meals are served during meal 
service.’’. 
SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTATION. 
(a) IN GENERAL.—The Richard B. Russell National School 
Lunch Act is amended by inserting after section 9 (42 U.S.C. 
1758) the following: 
‘‘SEC. 9A. LOCAL SCHOOL WELLNESS POLICY. 
‘‘(a) IN GENERAL.—Each local educational agency participating 
in a program authorized by this Act or the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school 
wellness policy for all schools under the jurisdiction of the local 
educational agency. 
‘‘(b) GUIDELINES.—The Secretary shall promulgate regulations 
that provide the framework and guidelines for local educational 
agencies to establish local school wellness policies, including, at 
a minimum,— 
‘‘(1) goals for nutrition promotion and education, physical 
activity, and other school-based activities that promote student 
wellness; 
‘‘(2) for all foods available on each school campus under 
the jurisdiction of the local educational agency during the school 
day, nutrition guidelines that— 
‘‘(A) are consistent with sections 9 and 17 of this Act, 
and sections 4 and 10 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773, 1779); and 
‘‘(B) promote student health and reduce childhood obe-
sity; 
Regulations. 
42 USC 1758b. 
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124 STAT. 3217 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(3) a requirement that the local educational agency permit 
parents, students, representatives of the school food authority, 
teachers of physical education, school health professionals, the 
school board, school administrators, and the general public 
to participate in the development, implementation, and periodic 
review and update of the local school wellness policy; 
‘‘(4) a requirement that the local educational agency inform 
and update the public (including parents, students, and others 
in the community) about the content and implementation of 
the local school wellness policy; and 
‘‘(5) a requirement that the local educational agency— 
‘‘(A) periodically measure and make available to the 
public an assessment on the implementation of the local 
school wellness policy, including— 
‘‘(i) the extent to which schools under the jurisdic-
tion of the local educational agency are in compliance 
with the local school wellness policy; 
‘‘(ii) the extent to which the local school wellness 
policy of the local educational agency compares to 
model local school wellness policies; and 
‘‘(iii) a description of the progress made in 
attaining the goals of the local school wellness policy; 
and 
‘‘(B) designate 1 or more local educational agency offi-
cials or school officials, as appropriate, to ensure that each 
school complies with the local school wellness policy. 
‘‘(c) LOCAL DISCRETION.—The local educational agency shall 
use the guidelines promulgated by the Secretary under subsection 
(b) to determine specific policies appropriate for the schools under 
the jurisdiction of the local educational agency. 
‘‘(d) TECHNICAL ASSISTANCE AND BEST PRACTICES.— 
‘‘(1) IN GENERAL.—The Secretary, in consultation with the 
Secretary of Education and the Secretary of Health and Human 
Services, acting through the Centers for Disease Control and 
Prevention, shall provide information and technical assistance 
to local educational agencies, school food authorities, and State 
educational agencies for use in establishing healthy school 
environments that are intended to promote student health and 
wellness. 
‘‘(2) CONTENT.—The Secretary shall provide technical 
assistance that— 
‘‘(A) includes resources and training on designing, 
implementing, promoting, disseminating, and evaluating 
local school wellness policies and overcoming barriers to 
the adoption of local school wellness policies; 
‘‘(B) includes model local school wellness policies and 
best practices recommended by Federal agencies, State 
agencies, and nongovernmental organizations; 
‘‘(C) includes such other technical assistance as is 
required to promote sound nutrition and establish healthy 
school nutrition environments; and 
‘‘(D) is consistent with the specific needs and require-
ments of local educational agencies. 
‘‘(3) STUDY AND REPORT.— 
‘‘(A) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary, in conjunction with the Director 
of the Centers for Disease Control and Prevention, shall 
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124 STAT. 3218 
PUBLIC LAW 111–296—DEC. 13, 2010 
prepare a report on the implementation, strength, and 
effectiveness of the local school wellness policies carried 
out in accordance with this section. 
‘‘(B) STUDY OF LOCAL SCHOOL WELLNESS POLICIES.— 
The study described in subparagraph (A) shall include—— 
‘‘(i) an analysis of the strength and weaknesses 
of local school wellness policies and how the policies 
compare with model local wellness policies rec-
ommended under paragraph (2)(B); and 
‘‘(ii) an assessment of the impact of the local school 
wellness policies in addressing the requirements of 
subsection (b). 
‘‘(C) REPORT.—Not later than January 1, 2014, the 
Secretary shall submit to the Committee on Education 
and Labor of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Senate 
a report that describes the findings of the study. 
‘‘(D) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this paragraph 
$3,000,000 for fiscal year 2011, to remain available until 
expended.’’. 
(b) REPEAL.—Section 204 of the Child Nutrition and WIC 
Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 
108–265) is repealed. 
SEC. 205. EQUITY IN SCHOOL LUNCH PRICING. 
Section 12 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1760) is amended by adding at the end the following: 
‘‘(p) PRICE FOR A PAID LUNCH.— 
‘‘(1) DEFINITION OF PAID LUNCH.—In this subsection, the 
term ‘paid lunch’ means a reimbursable lunch served to stu-
dents who are not certified to receive free or reduced price 
meals. 
‘‘(2) REQUIREMENT.— 
‘‘(A) IN GENERAL.—For each school year beginning July 
1, 2011, each school food authority shall establish a price 
for paid lunches in accordance with this subsection. 
‘‘(B) LOWER PRICE.— 
‘‘(i) IN
GENERAL.—In the case of a school food 
authority that established a price for a paid lunch 
in the previous school year that was less than the 
difference between the total Federal reimbursement 
for a free lunch and the total Federal reimbursement 
for a paid lunch, the school food authority shall estab-
lish an average price for a paid lunch that is not 
less than the price charged in the previous school 
year, as adjusted by a percentage equal to the sum 
obtained by adding— 
‘‘(I) 2 percent; and 
‘‘(II) the percentage change in the Consumer 
Price Index for All Urban Consumers (food away 
from home index) used to increase the Federal 
reimbursement rate under section 11 for the most 
recent school year for which data are available, 
as published in the Federal Register. 
Effective date. 
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124 STAT. 3219 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(ii) ROUNDING.—A school food authority may 
round the adjusted price for a paid lunch under clause 
(i) down to the nearest 5 cents. 
‘‘(iii) MAXIMUM REQUIRED PRICE INCREASE.— 
‘‘(I) IN GENERAL.—The maximum annual aver-
age price increase required to meet the require-
ments of this subparagraph shall not exceed 10 
cents for any school food authority. 
‘‘(II) DISCRETIONARY INCREASE.—A school food 
authority may increase the average price for a 
paid lunch for a school year by more than 10 
cents. 
‘‘(C) EQUAL OR GREATER PRICE.— 
‘‘(i) IN
GENERAL.—In the case of a school food 
authority that established an average price for a paid 
lunch in the previous school year that was equal to 
or greater than the difference between the total Federal 
reimbursement for a free lunch and the total Federal 
reimbursement for a paid lunch, the school food 
authority shall establish an average price for a paid 
lunch that is not less than the difference between 
the total Federal reimbursement for a free lunch and 
the total Federal reimbursement for a paid lunch. 
‘‘(ii) ROUNDING.—A school food authority may 
round the adjusted price for a paid lunch under clause 
(i) down to the nearest 5 cents. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) REDUCTION IN PRICE.—A school food authority may 
reduce the average price of a paid lunch established under 
this subsection if the State agency ensures that funding 
from non-Federal sources (other than in-kind contributions) 
is added to the nonprofit school food service account of 
the school food authority in an amount estimated to be 
equal to at least the difference between— 
‘‘(i) the average price required of the school food 
authority for the paid lunches under paragraph (2); 
and 
‘‘(ii) the average price charged by the school food 
authority for the paid lunches. 
‘‘(B) NON-FEDERAL
SOURCES.—For the purposes of 
subparagraph (A), non-Federal sources does not include 
revenue from the sale of foods sold in competition with 
meals served under the school lunch program authorized 
under this Act or the school breakfast program established 
by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773). 
‘‘(C) OTHER
PROGRAMS.—This subsection shall not 
apply to lunches provided under section 17 of this Act. 
‘‘(4) REGULATIONS.—The Secretary shall establish proce-
dures to carry out this subsection, including collecting and 
publishing the prices that school food authorities charge for 
paid meals on an annual basis and procedures that allow school 
food authorities to average the pricing of paid lunches at schools 
throughout the jurisdiction of the school food authority.’’. 
Procedures. 
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124 STAT. 3220 
PUBLIC LAW 111–296—DEC. 13, 2010 
SEC. 206. REVENUE FROM NONPROGRAM FOODS SOLD IN SCHOOLS. 
Section 12 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1760) (as amended by section 205) is amended 
by adding at the end the following: 
‘‘(q) NONPROGRAM FOOD SALES.— 
‘‘(1) DEFINITION OF NONPROGRAM FOOD.—In this subsection: 
‘‘(A) IN GENERAL.—The term ‘nonprogram food’ means 
food that is— 
‘‘(i) sold in a participating school other than a 
reimbursable meal provided under this Act or the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and 
‘‘(ii) purchased using funds from the nonprofit 
school food service account of the school food authority 
of the school. 
‘‘(B) INCLUSION.—The term ‘nonprogram food’ includes 
food that is sold in competition with a program established 
under this Act or the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.). 
‘‘(2) REVENUES.— 
‘‘(A) IN GENERAL.—The proportion of total school food 
service revenue provided by the sale of nonprogram foods 
to the total revenue of the school food service account 
shall be equal to or greater than the proportion of total 
food costs associated with obtaining nonprogram foods to 
the total costs associated with obtaining program and non-
program foods from the account. 
‘‘(B) ACCRUAL.—All revenue from the sale of nonpro-
gram foods shall accrue to the nonprofit school food service 
account of a participating school food authority. 
‘‘(C) EFFECTIVE DATE.—This subsection shall be effec-
tive beginning on July 1, 2011.’’. 
SEC. 207. REPORTING AND NOTIFICATION OF SCHOOL PERFORMANCE. 
Section 22 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769c) is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) UNIFIED ACCOUNTABILITY SYSTEM.— 
‘‘(1) IN GENERAL.—There shall be a unified system pre-
scribed and administered by the Secretary to ensure that local 
food service authorities participating in the school lunch pro-
gram established under this Act and the school breakfast pro-
gram established by section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773) comply with those Acts, including compli-
ance with— 
‘‘(A) the nutritional requirements of section 9(f) of this 
Act for school lunches; and 
‘‘(B) as applicable, the nutritional requirements for 
school breakfasts under section 4(e)(1) of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773(e)(1)).’’; and 
(2) in subsection (b)(1), by striking subparagraphs (A) and 
(B) and inserting the following: 
‘‘(A) require that local food service authorities comply 
with the nutritional requirements described in subpara-
graphs (A) and (B) of paragraph (1); 
‘‘(B) to the maximum extent practicable, ensure compli-
ance through reasonable audits and supervisory assistance 
reviews; 
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124 STAT. 3221 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(C) in conducting audits and reviews for the purpose 
of determining compliance with this Act, including the 
nutritional requirements of section 9(f)— 
‘‘(i) conduct audits and reviews during a 3-year 
cycle or other period prescribed by the Secretary; 
‘‘(ii) select schools for review in each local edu-
cational agency using criteria established by the Sec-
retary; 
‘‘(iii) report the final results of the reviews to the 
public in the State in an accessible, easily understood 
manner in accordance with guidelines promulgated by 
the Secretary; and 
‘‘(iv) submit to the Secretary each year a report 
containing the results of the reviews in accordance 
with procedures developed by the Secretary; and 
‘‘(D) when any local food service authority is reviewed 
under this section, ensure that the final results of the 
review by the State educational agency are posted and 
otherwise made available to the public on request in an 
accessible, easily understood manner in accordance with 
guidelines promulgated by the Secretary.’’. 
SEC. 208. 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) PROPOSED REGULATIONS.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) establish science-based nutrition standards for 
foods sold in schools other than foods provided under 
this Act and the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.); and 
‘‘(ii) not later than 1 year after the date of enact-
ment of this paragraph, promulgate proposed regula-
tions to carry out clause (i). 
‘‘(B) APPLICATION.—The nutrition standards shall apply 
to all foods sold— 
‘‘(i) outside the school meal programs; 
‘‘(ii) on the school campus; and 
‘‘(iii) at any time during the school day. 
‘‘(C) REQUIREMENTS.—In establishing nutrition stand-
ards under this paragraph, the Secretary shall— 
‘‘(i) establish standards that are consistent with 
the most recent 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), including the food groups to encourage and 
nutrients of concern identified in the Dietary Guide-
lines; and 
‘‘(ii) consider— 
‘‘(I) authoritative scientific recommendations 
for nutrition standards; 
Deadline. 
Reports. 
Reports. 
Audits. 
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124 STAT. 3222 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(II) 
existing 
school 
nutrition 
standards, 
including voluntary standards for beverages and 
snack foods and State and local standards; 
‘‘(III) the practical application of the nutrition 
standards; and 
‘‘(IV) special exemptions for school-sponsored 
fundraisers 
(other 
than 
fundraising 
through 
vending machines, school stores, snack bars, a la 
carte sales, and any other exclusions determined 
by the Secretary), if the fundraisers are approved 
by the school and are infrequent within the school. 
‘‘(D) UPDATING
STANDARDS.—As soon as practicable 
after the date of publication by the Department of Agri-
culture and the Department of Health and Human Services 
of a new edition of the Dietary Guidelines for Americans 
under section 301 of the National Nutrition Monitoring 
and Related Research Act of 1990 (7 U.S.C. 5341), the 
Secretary shall review and update as necessary the school 
nutrition standards and requirements established under 
this subsection. 
‘‘(2) IMPLEMENTATION.— 
‘‘(A) EFFECTIVE DATE.—The interim or final regulations 
under this subsection shall take effect at the beginning 
of the school year that is not earlier than 1 year and 
not later than 2 years following the date on which the 
regulations are finalized. 
‘‘(B) REPORTING.—The Secretary shall submit to the 
Committee on Agriculture, Nutrition, and Forestry of the 
Senate and the Committee on Education and Labor of 
the House of Representatives a quarterly report that 
describes progress made toward promulgating final regula-
tions under this subsection.’’. 
SEC. 209. INFORMATION FOR THE PUBLIC ON THE SCHOOL NUTRITION 
ENVIRONMENT. 
Section 9 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758) is amended by adding at the end the following: 
‘‘(k) INFORMATION ON THE SCHOOL NUTRITION ENVIRONMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) establish requirements for local educational agen-
cies participating in the school lunch program under this 
Act and the school breakfast program established by section 
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 
to report information about the school nutrition environ-
ment, for all schools under the jurisdiction of the local 
educational agencies, to the Secretary and to the public 
in the State on a periodic basis; and 
‘‘(B) provide training and technical assistance to States 
and local educational agencies on the assessment and 
reporting of the school nutrition environment, including 
the use of any assessment materials developed by the Sec-
retary. 
‘‘(2) REQUIREMENTS.—In establishing the requirements for 
reporting on the school nutrition environment under paragraph 
(1), the Secretary shall— 
Requirements. 
Regulations. 
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124 STAT. 3223 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(A) include information pertaining to food safety 
inspections, local wellness policies, meal program participa-
tion, the nutritional quality of program meals, and other 
information as determined by the Secretary; and 
‘‘(B) ensure that information is made available to the 
public by local educational agencies in an accessible, easily 
understood manner in accordance with guidelines estab-
lished by the Secretary. 
‘‘(3) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated to carry out this subsection such 
sums as are necessary for each of fiscal years 2011 through 
2015.’’. 
SEC. 210. ORGANIC FOOD PILOT PROGRAM. 
Section 18 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769) is amended by adding at the end the following: 
‘‘(j) ORGANIC FOOD PILOT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall establish an 
organic food pilot program (referred to in this subsection as 
the ‘pilot program’) under which the Secretary shall provide 
grants on a competitive basis to school food authorities selected 
under paragraph (3). 
‘‘(2) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—The Secretary shall use funds pro-
vided under this section— 
‘‘(i) to enter into competitively awarded contracts 
or cooperative agreements with school food authorities 
selected under paragraph (3); or 
‘‘(ii) to make grants to school food authority 
applicants selected under paragraph (3). 
‘‘(B) SCHOOL
FOOD
AUTHORITY
USES
OF
FUNDS.—A 
school food authority that receives a grant under this sec-
tion shall use the grant funds to establish a pilot program 
that increases the quantity of organic foods provided to 
schoolchildren under the school lunch program established 
under this Act. 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—A school food authority seeking a 
contract, grant, or cooperative agreement under this sub-
section shall submit to the Secretary an application in 
such form, containing such information, and at such time 
as the Secretary shall prescribe. 
‘‘(B) CRITERIA.—In selecting contract, grant, or coopera-
tive agreement recipients, the Secretary shall consider— 
‘‘(i) the poverty line (as defined in section 673(2) 
of the Community Services Block Grant Act (42 U.S.C. 
9902(2), including any revision required by that sec-
tion)) applicable to a family of the size involved of 
the households in the district served by the school 
food authority, giving preference to school food 
authority applicants in which not less than 50 percent 
of the households in the district are at or below the 
Federal poverty line; 
‘‘(ii) the commitment of each school food authority 
applicant— 
‘‘(I) to improve the nutritional value of school 
meals; 
Public 
information. 
Guidelines. 
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124 STAT. 3224 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(II) to carry out innovative programs that 
improve the health and wellness of schoolchildren; 
and 
‘‘(III) to evaluate the outcome of the pilot pro-
gram; and 
‘‘(iii) any other criteria the Secretary determines 
to be appropriate. 
‘‘(4) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated to carry out this subsection 
$10,000,000 for fiscal years 2011 through 2015.’’. 
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.— 
‘‘(i) FINDINGS.—Congress finds that— 
‘‘(I) eating habits and other wellness-related 
behavior habits are established early in life; and 
‘‘(II) good nutrition and wellness are important 
contributors to the overall health of young children 
and essential to cognitive development. 
‘‘(ii) PURPOSE.—The purpose of the program 
authorized by this section is to provide aid to child 
and adult care institutions and family or group day 
care homes for the provision of nutritious foods that 
contribute to the wellness, healthy growth, and 
development of young children, and the health and 
wellness of older adults and chronically impaired dis-
abled persons. 
‘‘(B) GRANT AUTHORITY.—The Secretary may carry out 
a program to assist States through grants-in-aid and other 
means to initiate 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 SNACKS 
SERVED
IN
INSTITUTIONS
AND
FAMILY
OR
GROUP
DAY
CARE 
HOMES.— 
‘‘(1) DEFINITION
OF
DIETARY
GUIDELINES.—In this sub-
section, the term ‘Dietary Guidelines’ means the Dietary Guide-
lines for Americans published under section 301 of the National 
Nutrition Monitoring and Related Research Act of 1990 (7 
U.S.C. 5341). 
‘‘(2) NUTRITIONAL REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(C), reimbursable meals and snacks served by institutions, 
family or group day care homes, and sponsored centers 
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124 STAT. 3225 
PUBLIC LAW 111–296—DEC. 13, 2010 
participating in the program under this section shall consist 
of a combination of foods that meet minimum nutritional 
requirements prescribed by the Secretary on the basis of 
tested nutritional research. 
‘‘(B) CONFORMITY WITH THE DIETARY GUIDELINES AND 
AUTHORITATIVE SCIENCE.— 
‘‘(i) IN GENERAL.—Not less frequently than once 
every 10 years, the Secretary shall review and, as 
appropriate, update requirements for meals served 
under the program under this section to ensure that 
the meals— 
‘‘(I) are consistent with the goals of the most 
recent Dietary Guidelines; and 
‘‘(II) promote the health of the population 
served by the program authorized under this sec-
tion, as indicated by the most recent relevant 
nutrition science and appropriate authoritative sci-
entific agency and organization recommendations. 
‘‘(ii) COST
REVIEW.—The review required under 
clause (i) shall include a review of the cost to child 
care centers and group or family day care homes 
resulting from updated requirements for meals and 
snacks served under the program under this section. 
‘‘(iii) REGULATIONS.—Not later than 18 months 
after the completion of the review of the meal pattern 
under clause (i), the Secretary shall promulgate pro-
posed regulations to update the meal patterns for 
meals and snacks served under the program under 
this section. 
‘‘(C) EXCEPTIONS.— 
‘‘(i) SPECIAL DIETARY NEEDS.—The minimum nutri-
tional requirements prescribed under subparagraph (A) 
shall not prohibit institutions, family or group day 
care homes, and sponsored centers from substituting 
foods to accommodate the medical or other special 
dietary needs of individual participants. 
‘‘(ii) EXEMPT
INSTITUTIONS.—The Secretary may 
elect to waive all or part of the requirements of this 
subsection for emergency shelters participating in the 
program under this section. 
‘‘(3) MEAL SERVICE.—Institutions, family or group day care 
homes, and sponsored centers shall ensure that reimbursable 
meal service contributes to the development and socialization 
of enrolled children by providing that food is not used as a 
punishment or reward. 
‘‘(4) FLUID MILK.— 
‘‘(A) IN GENERAL.—If an institution, family or group 
day care home, or sponsored center provides fluid milk 
as part of a reimbursable meal or supplement, the institu-
tion, family or group day care home, or sponsored center 
shall provide the milk in accordance with the most recent 
version of the Dietary Guidelines. 
‘‘(B) MILK SUBSTITUTES.—In the case of children who 
cannot consume fluid milk due to medical or other special 
dietary needs other than a disability, an institution, family 
or group day care home, or sponsored center may substitute 
Waiver authority. 
Deadline. 
Deadline. 
Review. 
Requirements. 
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124 STAT. 3226 
PUBLIC LAW 111–296—DEC. 13, 2010 
for the fluid milk required in meals served, a nondairy 
beverage that— 
‘‘(i) is nutritionally equivalent to fluid milk; and 
‘‘(ii) meets nutritional standards established by the 
Secretary, including, among other requirements estab-
lished by the Secretary, fortification of calcium, protein, 
vitamin A, and vitamin D to levels found in cow’s 
milk. 
‘‘(C) APPROVAL.— 
‘‘(i) IN GENERAL.—A substitution authorized under 
subparagraph (B) may be made— 
‘‘(I) at the discretion of and on approval by 
the participating day care institution; and 
‘‘(II) if the substitution is requested by written 
statement of a medical authority, or by the parent 
or legal guardian of the child, that identifies the 
medical or other special dietary need that restricts 
the diet of the child. 
‘‘(ii) EXCEPTION.—An institution, family or group 
day care home, or sponsored center that elects to make 
a substitution authorized under this paragraph shall 
not be required to provide beverages other than bev-
erages the State has identified as acceptable sub-
stitutes. 
‘‘(D) EXCESS
EXPENSES
BORNE
BY
INSTITUTION.—A 
participating institution, family or group day care home, 
or sponsored center shall be responsible for any expenses 
that— 
‘‘(i) are incurred by the institution, family or group 
day care home, or sponsored center to provide substi-
tutions under this paragraph; and 
‘‘(ii) are in excess of expenses covered under 
reimbursements under this Act. 
‘‘(5) NONDISCRIMINATION POLICY.—No physical segregation 
or other discrimination against any person shall be made 
because of the inability of the person to pay, nor shall there 
be any overt identification of any such person by special tokens 
or tickets, different meals or meal service, announced or pub-
lished lists of names, or other means. 
‘‘(6) USE OF ABUNDANT AND DONATED FOODS.—To the max-
imum extent practicable, each institution shall use in its food 
service foods that are— 
‘‘(A) designated from time to time by the Secretary 
as being in abundance, either nationally or in the food 
service area; or 
‘‘(B) donated by the Secretary.’’; 
(3) by adding at the end the following: 
‘‘(u) PROMOTING HEALTH AND WELLNESS IN CHILD CARE.— 
‘‘(1) PHYSICAL ACTIVITY AND ELECTRONIC MEDIA USE.—The 
Secretary shall encourage participating child care centers and 
family or group day care homes— 
‘‘(A) to provide to all children under the supervision 
of the participating child care centers and family or group 
day care homes daily opportunities for structured and 
unstructured age-appropriate physical activity; and 
‘‘(B) to limit among children under the supervision 
of the participating child care centers and family or group 
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124 STAT. 3227 
PUBLIC LAW 111–296—DEC. 13, 2010 
day care homes the use of electronic media to an appro-
priate level. 
‘‘(2) WATER CONSUMPTION.—Participating child care centers 
and family or group day care homes shall make available 
to children, as nutritionally appropriate, potable water as an 
acceptable fluid for consumption throughout the day, including 
at meal times. 
‘‘(3) TECHNICAL ASSISTANCE AND GUIDANCE.— 
‘‘(A) IN GENERAL.—The Secretary shall provide tech-
nical assistance to institutions participating in the program 
under this section to assist participating child care centers 
and family or group day care homes in complying with 
the nutritional requirements and wellness recommenda-
tions prescribed by the Secretary in accordance with this 
subsection and subsection (g). 
‘‘(B) GUIDANCE.—Not later than January 1, 2012, the 
Secretary shall issue guidance to States and institutions 
to encourage participating child care centers and family 
or group day care homes serving meals and snacks under 
this section to— 
‘‘(i) include foods that are recommended for 
increased 
serving 
consumption 
in 
amounts 
rec-
ommended by the most recent Dietary Guidelines for 
Americans published under section 301 of the National 
Nutrition Monitoring and Related Research Act of 1990 
(7 U.S.C. 5341), including fresh, canned, dried, or 
frozen fruits and vegetables, whole grain products, lean 
meat products, and low-fat and non-fat dairy products; 
and 
‘‘(ii) reduce sedentary activities and provide 
opportunities for regular physical activity in quantities 
recommended by the most recent Dietary Guidelines 
for Americans described in clause (i). 
‘‘(C) NUTRITION.—Technical assistance relating to the 
nutritional requirements of this subsection and subsection 
(g) shall include— 
‘‘(i) nutrition education, including education that 
emphasizes the relationship between nutrition, phys-
ical activity, and health; 
‘‘(ii) menu planning; 
‘‘(iii) interpretation of nutrition labels; and 
‘‘(iv) food preparation and purchasing guidance to 
produce meals and snacks that are— 
‘‘(I) consistent with the goals of the most recent 
Dietary Guidelines; and 
‘‘(II) promote the health of the population 
served by the program under this section, as rec-
ommended by authoritative scientific organiza-
tions. 
‘‘(D) PHYSICAL ACTIVITY.—Technical assistance relating 
to the physical activity requirements of this subsection 
shall include— 
‘‘(i) education on the importance of regular physical 
activity to overall health and well being; and 
‘‘(ii) sharing of best practices for physical activity 
plans in child care centers and homes as recommended 
by authoritative scientific organizations. 
Deadline. 
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124 STAT. 3228 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(E) ELECTRONIC
MEDIA
USE.—Technical assistance 
relating to the electronic media use requirements of this 
subsection shall include— 
‘‘(i) education on the benefits of limiting exposure 
to electronic media by children; and 
‘‘(ii) sharing of best practices for the development 
of daily activity plans that limit use of electronic media. 
‘‘(F) MINIMUM ASSISTANCE.—At a minimum, the tech-
nical assistance required under this paragraph shall 
include a handbook, developed by the Secretary in coordina-
tion with the Secretary for Health and Human Services, 
that includes recommendations, guidelines, and best prac-
tices for participating institutions and family or group day 
care homes that are consistent with the nutrition, physical 
activity, and wellness requirements and recommendations 
of this subsection. 
‘‘(G) ADDITIONAL
ASSISTANCE.—In addition to the 
requirements of this paragraph, the Secretary shall develop 
and provide such appropriate training and education mate-
rials, guidance, and technical assistance as the Secretary 
considers to be necessary to comply with the nutritional 
and wellness requirements of this subsection and sub-
section (g). 
‘‘(H) 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 provide technical assistance under this sub-
section 
$10,000,000, 
to 
remain 
available 
until 
expended. 
‘‘(ii) RECEIPT
AND
ACCEPTANCE.—The Secretary 
shall be entitled to receive, shall accept, and shall 
use to carry out this subsection the funds transferred 
under clause (i), without further appropriation.’’. 
SEC. 222. INTERAGENCY COORDINATION TO PROMOTE HEALTH AND 
WELLNESS IN CHILD CARE LICENSING. 
The Secretary shall coordinate with the Secretary of Health 
and Human Services to encourage State licensing agencies to 
include nutrition and wellness standards within State licensing 
standards that ensure, to the maximum extent practicable, that 
licensed child care centers and family or group day care homes— 
(1) provide to all children under the supervision of the 
child care centers and family or group day care homes daily 
opportunities for age-appropriate physical activity; 
(2) limit among children under the supervision of the child 
care centers and family or group day care homes the use 
of electronic media and the quantity of time spent in sedentary 
activity to an appropriate level; 
(3) serve meals and snacks that are consistent with the 
requirements of the child and adult care food program estab-
lished under section 17 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766); and 
(4) promote such other nutrition and wellness goals as 
the Secretaries determine to be necessary. 
42 USC 1766 
note. 
Effective date. 
Handbook. 
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124 STAT. 3229 
PUBLIC LAW 111–296—DEC. 13, 2010 
SEC. 223. STUDY ON NUTRITION AND WELLNESS QUALITY OF CHILD 
CARE SETTINGS. 
(a) IN GENERAL.—Not less than 3 years after the date of enact-
ment of this Act, the Secretary, in consultation with the Secretary 
of Health and Human Services, shall enter into a contract for 
the conduct of a nationally representative study of child care centers 
and family or group day care homes that includes an assessment 
of— 
(1) the nutritional quality of all foods provided to children 
in child care settings as compared to the recommendations 
in most recent Dietary Guidelines for Americans published 
under section 301 of the National Nutrition Monitoring and 
Related Research Act of 1990 (7 U.S.C. 5341); 
(2) the quantity and type of opportunities for physical 
activity provided to children in child care settings; 
(3) the quantity of time spent by children in child care 
settings in sedentary activities; 
(4) an assessment of barriers and facilitators to— 
(A) providing foods to children in child care settings 
that meet the recommendations of the most recent Dietary 
Guidelines for Americans published under section 301 of 
the National Nutrition Monitoring and Related Research 
Act of 1990 (7 U.S.C. 5341); 
(B) providing the appropriate quantity and type of 
opportunities of physical activity for children in child care 
settings; and 
(C) participation by child care centers and family or 
group day care homes in the child and adult care food 
program established under section 17 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1766); and 
(5) such other assessment measures as the Secretary may 
determine to be necessary. 
(b) REPORT TO CONGRESS.—The Secretary shall submit to Con-
gress a report that includes a detailed description of the results 
of the study conducted under subsection (a). 
(c) FUNDING.— 
(1) IN GENERAL.—On October 1, 2010, out of any funds 
in the Treasury not otherwise appropriated, the Secretary of 
the Treasury shall transfer to the Secretary to carry out this 
section $5,000,000, to remain available until expended. 
(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be enti-
tled to receive, shall accept, and shall use to carry out this 
section the funds transferred under paragraph (1), without 
further appropriation. 
Subtitle C—Special Supplemental Nutri-
tion Program for Women, Infants, and 
Children 
SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PROGRAM. 
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) 
is amended— 
(1) in subsection (a), in the second sentence, by striking 
‘‘supplemental foods and nutrition education through any 
eligible local agency’’ and inserting ‘‘supplemental foods and 
Effective date. 
Deadline. 
Contracts. 
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124 STAT. 3230 
PUBLIC LAW 111–296—DEC. 13, 2010 
nutrition education, including breastfeeding promotion and sup-
port, through any eligible local agency’’; 
(2) in subsection (b)(4), by inserting ‘‘breastfeeding support 
and promotion,’’ after ‘‘nutrition education,’’; 
(3) in subsection (c)(1), in the first sentence, by striking 
‘‘supplemental foods and nutrition education to’’ and inserting 
‘‘supplemental foods, nutrition education, and breastfeeding 
support and promotion to’’; 
(4) in subsection (e)(2), in the second sentence, by inserting 
‘‘, including breastfeeding support and education,’’ after ‘‘nutri-
tion education’’; 
(5) in subsection (f)(6)(B), in the first sentence, by inserting 
‘‘and breastfeeding’’ after ‘‘nutrition education’’; 
(6) in subsection (h)— 
(A) in paragraph (4)— 
(i) by striking ‘‘(4) The Secretary’’ and all that 
follows through ‘‘(A) in consultation’’ and inserting the 
following: 
‘‘(4) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) in consultation’’; 
(ii) by redesignating subparagraphs (B) through 
(F) as clauses (ii) through (vi), respectively, and 
indenting appropriately; 
(iii) in clause (v) (as so redesignated), by striking 
‘‘and’’ at the end; 
(iv) in clause (vi) (as so redesignated), by striking 
‘‘2010 initiative.’’ and inserting ‘‘initiative; and’’; and 
(v) by adding at the end the following: 
‘‘(vii) annually compile and publish breastfeeding 
performance measurements based on program partici-
pant data on the number of partially and fully breast- 
fed 
infants, 
including 
breastfeeding 
performance 
measurements for— 
‘‘(I) each State agency; and 
‘‘(II) each local agency; 
‘‘(viii) in accordance with subparagraph (B), imple-
ment a program to recognize exemplary breastfeeding 
support practices at local agencies or clinics partici-
pating in the special supplemental nutrition program 
established under this section; and 
‘‘(ix) in accordance with subparagraph (C), imple-
ment a program to provide performance bonuses to 
State agencies. 
‘‘(B) EXEMPLARY BREASTFEEDING SUPPORT PRACTICES.— 
‘‘(i) IN GENERAL.—In evaluating exemplary prac-
tices under subparagraph (A)(viii), the Secretary shall 
consider— 
‘‘(I) 
performance 
measurements 
of 
breastfeeding; 
‘‘(II) the effectiveness of a peer counselor pro-
gram; 
‘‘(III) the extent to which the agency or clinic 
has partnered with other entities to build a sup-
portive breastfeeding environment for women 
participating in the program; and 
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124 STAT. 3231 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(IV) such other criteria as the Secretary con-
siders appropriate after consultation with State 
and local program agencies. 
‘‘(ii) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the activities 
described in clause (viii) of subparagraph (A) such sums 
as are necessary. 
‘‘(C) PERFORMANCE BONUSES.— 
‘‘(i) IN
GENERAL.—Following the publication of 
breastfeeding 
performance 
measurements 
under 
subparagraph (A)(vii), the Secretary shall provide 
performance bonus payments to not more than 15 State 
agencies that demonstrate, as compared to other State 
agencies participating in the program— 
‘‘(I) the highest proportion of breast-fed 
infants; or 
‘‘(II) the greatest improvement in proportion 
of breast-fed infants. 
‘‘(ii) CONSIDERATION.—In providing performance 
bonus payments to State agencies under this subpara-
graph, the Secretary shall consider the proportion of 
fully breast-fed infants in the States. 
‘‘(iii) USE OF FUNDS.—A State agency that receives 
a performance bonus under clause (i)— 
‘‘(I) shall treat the funds as program income; 
and 
‘‘(II) may transfer the funds to local agencies 
for use in carrying out the program. 
‘‘(iv) IMPLEMENTATION.—The Secretary shall pro-
vide the first performance bonuses not later than 1 
year after the date of enactment of this clause and 
may subsequently revise the criteria for awarding 
performance bonuses; and’’; and 
(B) by striking paragraph (10) and inserting the fol-
lowing: 
‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGEMENT INFORMA-
TION SYSTEMS, AND SPECIAL NUTRITION EDUCATION.— 
‘‘(A) IN
GENERAL.—For each of fiscal years 2010 
through 2015, the Secretary shall use for the purposes 
specified in subparagraph (B) $139,000,000 (as adjusted 
annually for inflation by the same factor used to determine 
the national average per participant grant for nutrition 
services and administration for the fiscal year under para-
graph (1)(B)). 
‘‘(B) PURPOSES.—Subject to subparagraph (C), of the 
amount made available under subparagraph (A) for a fiscal 
year— 
‘‘(i) $14,000,000 shall be used for— 
‘‘(I) infrastructure for the program under this 
section; 
‘‘(II) special projects to promote breastfeeding, 
including projects to assess the effectiveness of 
particular breastfeeding promotion strategies; and 
‘‘(III) special State projects of regional or 
national significance to improve the services of 
the program; 
Deadline. 
Payments. 
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124 STAT. 3232 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(ii) $35,000,000 shall be used to establish, 
improve, or administer management information sys-
tems 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; and 
‘‘(iii) $90,000,000 shall be used for special nutrition 
education (such as breastfeeding peer counselors and 
other related activities), of which not more than 
$10,000,000 of any funding provided in excess of 
$50,000,000 shall be used to make performance bonus 
payments under paragraph (4)(C). 
‘‘(C) ADJUSTMENT.—Each of the amounts referred to 
in clauses (i), (ii), and (iii) of subparagraph (B) shall be 
adjusted annually for inflation by the same factor used 
to determine the national average per participant grant 
for nutrition services and administration for the fiscal year 
under paragraph (1)(B). 
‘‘(D) 
PROPORTIONAL
DISTRIBUTION.—The 
Secretary 
shall distribute funds made available under subparagraph 
(A) in accordance with the proportional distribution 
described in subparagraphs (B) and (C).’’; and 
(7) in subsection (j), by striking ‘‘supplemental foods and 
nutrition education’’ each place it appears in paragraphs (1) 
and (2) and inserting ‘‘supplemental foods, nutrition education, 
and breastfeeding support and promotion’’. 
SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS. 
Section 17(f)(11)(D) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(f)(11)(D)) is amended in the matter preceding clause 
(i) by inserting ‘‘but not less than every 10 years,’’ after ‘‘scientific 
knowledge,’’. 
Subtitle D—Miscellaneous 
SEC. 241. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT 
PROGRAM. 
(a) IN GENERAL.—The Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.) is amended by adding at the end the following: 
‘‘SEC. 28. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT 
PROGRAM. 
‘‘(a) DEFINITION OF ELIGIBLE INDIVIDUAL.—In this section, the 
term ‘eligible individual’ means an individual who is eligible to 
receive benefits under a nutrition education and obesity prevention 
program under this section as a result of being— 
‘‘(1) an individual eligible for benefits under— 
‘‘(A) this Act; 
‘‘(B) sections 9(b)(1)(A) and 17(c)(4) of the Richard B 
Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A), 
1766(c)(4)); or 
‘‘(C) section 4(e)(1)(A) of the Child Nutrition Act of 
1966 (42 U.S.C. 1773(e)(1)(A)); 
‘‘(2) an individual who resides in a community with a 
significant low-income population, as determined by the Sec-
retary; or 
7 USC 2036a. 
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124 STAT. 3233 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(3) such other low-income individual as is determined 
to be eligible by the Secretary. 
‘‘(b) PROGRAMS.—Consistent with the terms and conditions of 
grants awarded under this section, State agencies may implement 
a nutrition education and obesity prevention program for eligible 
individuals that promotes healthy food choices consistent with the 
most recent Dietary Guidelines for Americans published under sec-
tion 301 of the National Nutrition Monitoring and Related Research 
Act of 1990 (7 U.S.C. 5341). 
‘‘(c) DELIVERY OF NUTRITION EDUCATION AND OBESITY PREVEN-
TION SERVICES.— 
‘‘(1) IN GENERAL.—State agencies may deliver nutrition edu-
cation and obesity prevention services under a program 
described in subsection (b)— 
‘‘(A) directly to eligible individuals; or 
‘‘(B) through agreements with other State or local agen-
cies or community organizations. 
‘‘(2) NUTRITION EDUCATION STATE PLANS.— 
‘‘(A) IN GENERAL.—A State agency that elects to provide 
nutrition education and obesity prevention services under 
this subsection shall submit to the Secretary for approval 
a nutrition education State plan. 
‘‘(B) REQUIREMENTS.—Except as provided in subpara-
graph (C), a nutrition education State plan shall— 
‘‘(i) identify the uses of the funding for local 
projects; 
‘‘(ii) ensure that the interventions are appropriate 
for eligible individuals who are members of low-income 
populations by recognizing the constrained resources, 
and the potential eligibility for Federal food assistance 
programs, of members of those populations; and 
‘‘(iii) conform to standards established by the Sec-
retary through regulations, guidance, or grant award 
documents. 
‘‘(C) TRANSITION PERIOD.—During each of fiscal years 
2011 and 2012, a nutrition education State plan under 
this section shall be consistent with the requirements of 
section 11(f) (as that section, other than paragraph (3)(C), 
existed on the day before the date of enactment of this 
section). 
‘‘(3) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—A State agency may use funds pro-
vided under this section for any evidence-based allowable 
use of funds identified by the Administrator of the Food 
and Nutrition Service of the Department of Agriculture 
in consultation with the Director of the Centers for Disease 
Control and Prevention of the Department of Health and 
Human Services, including— 
‘‘(i) individual and group-based nutrition edu-
cation, health promotion, and intervention strategies; 
‘‘(ii) comprehensive, multilevel interventions at 
multiple complementary organizational and institu-
tional levels; and 
‘‘(iii) community and public health approaches to 
improve nutrition. 
‘‘(B) CONSULTATION.—In identifying allowable uses of 
funds under subparagraph (A) and in seeking to strengthen 
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124 STAT. 3234 
PUBLIC LAW 111–296—DEC. 13, 2010 
delivery, oversight, and evaluation of nutrition education, 
the Administrator of the Food and Nutrition Service shall 
consult with the Director of the Centers for Disease Control 
and Prevention and outside stakeholders and experts, 
including— 
‘‘(i) representatives of the academic and research 
communities; 
‘‘(ii) nutrition education practitioners; 
‘‘(iii) representatives of State and local govern-
ments; and 
‘‘(iv) community organizations that serve low- 
income populations. 
‘‘(4) NOTIFICATION.—To the maximum extent practicable, 
State agencies shall notify applicants, participants, and eligible 
individuals under this Act of the availability of nutrition edu-
cation and obesity prevention services under this section in 
local communities. 
‘‘(5) COORDINATION.—Subject to the approval of the Sec-
retary, projects carried out with funds received under this 
section may be coordinated with other health promotion or 
nutrition improvement strategies, whether public or privately 
funded, if the projects carried out with funds received under 
this section remain under the administrative control of the 
State agency. 
‘‘(d) FUNDING.— 
‘‘(1) IN GENERAL.—Of funds made available each fiscal year 
under section 18(a)(1), the Secretary shall reserve for allocation 
to State agencies to carry out the nutrition education and 
obesity prevention grant program under this section, to remain 
available for obligation for a period of 2 fiscal years— 
‘‘(A) for fiscal year 2011, $375,000,000; and 
‘‘(B) for fiscal year 2012 and each subsequent fiscal 
year, the applicable amount during the preceding fiscal 
year, as adjusted to reflect any increases for the 12-month 
period ending the preceding June 30 in the Consumer 
Price Index for All Urban Consumers published by the 
Bureau of Labor Statistics of the Department of Labor. 
‘‘(2) ALLOCATION.— 
‘‘(A) INITIAL ALLOCATION.—Of the funds set aside under 
paragraph (1), as determined by the Secretary— 
‘‘(i) for each of fiscal years 2011 through 2013, 
100 percent shall be allocated to State agencies in 
direct proportion to the amount of funding that the 
State received for carrying out section 11(f) (as that 
section existed on the day before the date of enactment 
of this section) during fiscal year 2009, as reported 
to the Secretary as of February 2010; and 
‘‘(ii) subject to a reallocation under subparagraph 
(B)— 
‘‘(I) for fiscal year 2014— 
‘‘(aa) 90 percent shall be allocated to State 
agencies in accordance with clause (i); and 
‘‘(bb) 10 percent shall be allocated to State 
agencies based on the respective share of each 
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124 STAT. 3235 
PUBLIC LAW 111–296—DEC. 13, 2010 
State of the number of individuals partici-
pating in the supplemental nutrition assist-
ance program during the 12-month period 
ending the preceding January 31; 
‘‘(II) for fiscal year 2015— 
‘‘(aa) 80 percent shall be allocated to State 
agencies in accordance with clause (i); and 
‘‘(bb) 20 percent shall be allocated in 
accordance with subclause (I)(bb); 
‘‘(III) for fiscal year 2016— 
‘‘(aa) 70 percent shall be allocated to State 
agencies in accordance with clause (i); and 
‘‘(bb) 30 percent shall be allocated in 
accordance with subclause (I)(bb); 
‘‘(IV) for fiscal year 2017— 
‘‘(aa) 60 percent shall be allocated to State 
agencies in accordance with clause (i); and 
‘‘(bb) 40 percent shall be allocated in 
accordance with subclause (I)(bb); and 
‘‘(V) for fiscal year 2018 and each fiscal year 
thereafter— 
‘‘(aa) 50 percent shall be allocated to State 
agencies in accordance with clause (i); and 
‘‘(bb) 50 percent shall be allocated in 
accordance with subclause (I)(bb). 
‘‘(B) REALLOCATION.— 
‘‘(i) IN GENERAL.—If the Secretary determines that 
a State agency will not expend all of the funds allocated 
to the State agency for a fiscal year under paragraph 
(1) or in the case of a State agency that elects not 
to receive the entire amount of funds allocated to the 
State agency for a fiscal year, the Secretary shall 
reallocate the unexpended funds to other States during 
the fiscal year or the subsequent fiscal year (as deter-
mined by the Secretary) that have approved State 
plans under which the State agencies may expend 
the reallocated funds. 
‘‘(ii) EFFECT OF ADDITIONAL FUNDS.— 
‘‘(I) FUNDS RECEIVED.—Any reallocated funds 
received by a State agency under clause (i) for 
a fiscal year shall be considered to be part of 
the fiscal year 2009 base allocation of funds to 
the State agency for that fiscal year for purposes 
of determining allocation under subparagraph (A) 
for the subsequent fiscal year. 
‘‘(II) FUNDS SURRENDERED.—Any funds surren-
dered by a State agency under clause (i) shall 
not be considered to be part of the fiscal year 
2009 base allocation of funds to a State agency 
for that fiscal year for purposes of determining 
allocation under subparagraph (A) for the subse-
quent fiscal year. 
‘‘(3) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION.— 
‘‘(A) IN GENERAL.—Grants awarded under this section 
shall be the only source of Federal financial participation 
under this Act in nutrition education and obesity preven-
tion. 
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124 STAT. 3236 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(B) EXCLUSION.—Any costs of nutrition education and 
obesity prevention in excess of the grants authorized under 
this section shall not be eligible for reimbursement under 
section 16(a). 
‘‘(e) IMPLEMENTATION.—Not later than January 1, 2012, the 
Secretary shall publish in the Federal Register a description of 
the requirements for the receipt of a grant under this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 4(a) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2013(a)) is amended in the first sentence by striking 
‘‘and, through an approved State plan, nutrition education’’. 
(2) Section 11 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2020) is amended by striking subsection (f). 
SEC. 242. PROCUREMENT AND PROCESSING OF FOOD SERVICE PROD-
UCTS AND COMMODITIES. 
Section 9(a)(4) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(a)(4)) is amended by adding at the end the 
following: 
‘‘(C) PROCUREMENT AND PROCESSING OF FOOD SERVICE 
PRODUCTS AND COMMODITIES.—The Secretary shall— 
‘‘(i) identify, develop, and disseminate to State 
departments of agriculture and education, school food 
authorities, local educational agencies, and local proc-
essing entities, model product specifications and prac-
tices for foods offered in school nutrition programs 
under this Act and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.) to ensure that the foods reflect 
the most recent 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); 
‘‘(ii) not later than 1 year after the date of enact-
ment of this subparagraph— 
‘‘(I) carry out a study to analyze the quantity 
and quality of nutritional information available 
to school food authorities about food service prod-
ucts and commodities; and 
‘‘(II) submit to Congress a report on the results 
of the study that contains such legislative rec-
ommendations as the Secretary considers nec-
essary to ensure that school food authorities have 
access to the nutritional information needed for 
menu planning and compliance assessments; and 
‘‘(iii) to the maximum extent practicable, in pur-
chasing and processing commodities for use in school 
nutrition programs under this Act and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.), purchase 
the widest variety of healthful foods that reflect the 
most recent Dietary Guidelines for Americans.’’. 
SEC. 243. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM. 
Section 18 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769) is amended— 
(1) by redesignating subsections (h) and (i) and subsection 
(j) (as added by section 210) as subsections (i) through (k), 
respectively; 
Reports. 
Deadline. 
Deadline. 
Federal Register, 
publication. 
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124 STAT. 3237 
PUBLIC LAW 111–296—DEC. 13, 2010 
(2) in subsection (g), by striking ‘‘(g) ACCESS TO LOCAL 
FOODS AND SCHOOL GARDENS.—’’ and all that follows through 
‘‘(3) PILOT
PROGRAM
FOR
HIGH-POVERTY
SCHOOLS.—’’ and 
inserting the following: 
‘‘(g) ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.— 
‘‘(1) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection, 
the term ‘eligible school’ 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). 
‘‘(2) PROGRAM.—The Secretary shall carry out a program 
to assist eligible schools, State and local agencies, Indian tribal 
organizations, agricultural producers or groups of agricultural 
producers, and nonprofit entities through grants and technical 
assistance to implement farm to school programs that improve 
access to local foods in eligible schools. 
‘‘(3) GRANTS.— 
‘‘(A) IN GENERAL.—The Secretary shall award competi-
tive grants under this subsection to be used for— 
‘‘(i) training; 
‘‘(ii) supporting operations; 
‘‘(iii) planning; 
‘‘(iv) purchasing equipment; 
‘‘(v) developing school gardens; 
‘‘(vi) developing partnerships; and 
‘‘(vii) implementing farm to school programs. 
‘‘(B) REGIONAL
BALANCE.—In making awards under 
this subsection, the Secretary shall, to the maximum extent 
practicable, ensure— 
‘‘(i) geographical diversity; and 
‘‘(ii) equitable treatment of urban, rural, and tribal 
communities. 
‘‘(C) MAXIMUM AMOUNT.—The total amount provided 
to a grant recipient under this subsection shall not exceed 
$100,000. 
‘‘(4) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Federal share of costs for a 
project funded through a grant awarded under this sub-
section shall not exceed 75 percent of the total cost of 
the project. 
‘‘(B) FEDERAL MATCHING.—As a condition of receiving 
a grant under this subsection, a grant recipient shall pro-
vide matching support in the form of cash or in-kind con-
tributions, including facilities, equipment, or services pro-
vided by State and local governments, nonprofit organiza-
tions, and private sources. 
‘‘(5) CRITERIA FOR SELECTION.—To the maximum extent 
practicable, in providing assistance under this subsection, the 
Secretary shall give the highest priority to funding projects 
that, as determined by the Secretary— 
‘‘(A) make local food products available on the menu 
of the eligible school; 
‘‘(B) serve a high proportion of children who are eligible 
for free or reduced price lunches; 
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124 STAT. 3238 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(C) incorporate experiential nutrition education activi-
ties in curriculum planning that encourage the participa-
tion of school children in farm and garden-based agricul-
tural education activities; 
‘‘(D) demonstrate collaboration between eligible schools, 
nongovernmental and community-based organizations, 
agricultural producer groups, and other community part-
ners; 
‘‘(E) include adequate and participatory evaluation 
plans; 
‘‘(F) demonstrate the potential for long-term program 
sustainability; and 
‘‘(G) meet any other criteria that the Secretary deter-
mines appropriate. 
‘‘(6) EVALUATION.—As a condition of receiving a grant under 
this subsection, each grant recipient shall agree to cooperate 
in an evaluation by the Secretary of the program carried out 
using grant funds. 
‘‘(7) TECHNICAL ASSISTANCE.—The Secretary shall provide 
technical assistance and information to assist eligible schools, 
State and local agencies, Indian tribal organizations, and non-
profit entities— 
‘‘(A) to facilitate the coordination and sharing of 
information and resources in the Department that may 
be applicable to the farm to school program; 
‘‘(B) to collect and share information on best practices; 
and 
‘‘(C) to disseminate research and data on existing farm 
to school programs and the potential for programs in under-
served areas. 
‘‘(8) FUNDING.— 
‘‘(A) IN
GENERAL.—On October 1, 2012, and each 
October 1 thereafter, out of any funds in the Treasury 
not otherwise appropriated, the Secretary of the Treasury 
shall transfer to the Secretary to carry out this subsection 
$5,000,000, to remain available until expended. 
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 
be entitled to receive, shall accept, and shall use to carry 
out this subsection the funds transferred under subpara-
graph (A), without further appropriation. 
‘‘(9) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to 
the amounts made available under paragraph (8), there are 
authorized to be appropriated to carry out this subsection such 
sums as are necessary for each of fiscal years 2011 through 
2015. 
‘‘(h) PILOT PROGRAM FOR HIGH-POVERTY SCHOOLS.— 
‘‘(1) IN GENERAL.—’’; and 
(3) in subsection (h) (as redesignated by paragraph (2))— 
(A) in subparagraph (F) of paragraph (1) (as so redesig-
nated), by striking ‘‘in accordance with paragraph (1)(H)’’ 
and inserting ‘‘carried out by the Secretary’’; 
(B) by redesignating paragraph (4) as paragraph (2); 
and 
(C) in paragraph (2) (as so redesignated), by striking 
‘‘2009’’ and inserting ‘‘2015’’. 
Effective dates. 
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124 STAT. 3239 
PUBLIC LAW 111–296—DEC. 13, 2010 
SEC. 244. RESEARCH ON STRATEGIES TO PROMOTE THE SELECTION 
AND CONSUMPTION OF HEALTHY FOODS. 
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of Health and Human Services, shall establish a research, 
demonstration, and technical assistance program to promote healthy 
eating and reduce the prevalence of obesity, among all population 
groups but especially among children, by applying the principles 
and insights of behavioral economics research in schools, child 
care programs, and other settings. 
(b) PRIORITIES.—The Secretary shall— 
(1) identify and assess the impacts of specific presentation, 
placement, and other strategies for structuring choices on selec-
tion 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 Research Act of 1990 (7 
U.S.C. 5341); 
(2) 
demonstrate 
and 
rigorously 
evaluate 
behavioral 
economics-related interventions that hold promise to improve 
diets and promote health, including through demonstration 
projects that may include evaluation of the use of portion 
size, labeling, convenience, and other strategies to encourage 
healthy choices; and 
(3) encourage adoption of the most effective strategies 
through outreach and technical assistance. 
(c) AUTHORITY.—In carrying out the program under subsection 
(a), the Secretary may— 
(1) enter into competitively awarded contracts or coopera-
tive agreements; or 
(2) provide grants to States or public or private agencies 
or organizations, as determined by the Secretary. 
(d) APPLICATION.—To be eligible to enter into a contract or 
cooperative agreement or receive a grant under this section, a 
State or public or private agency or organization shall submit 
to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may require. 
(e) COORDINATION.—The solicitation and evaluation of con-
tracts, cooperative agreements, and grant proposals considered 
under this section shall be coordinated with the Food and Nutrition 
Service as appropriate to ensure that funded projects are consistent 
with the operations of Federally supported nutrition assistance 
programs and related laws (including regulations). 
(f) ANNUAL REPORTS.—Not later than 90 days after the end 
of each fiscal year, the Secretary shall submit to the Committee 
on Agriculture of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate a report 
that includes a description of— 
(1) the policies, priorities, and operations of the program 
carried out by the Secretary under this section during the 
fiscal year; 
(2) the results of any evaluations completed during the 
fiscal year; and 
(3) the efforts undertaken to disseminate successful prac-
tices through outreach and technical assistance. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
7 USC 3179. 
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124 STAT. 3240 
PUBLIC LAW 111–296—DEC. 13, 2010 
(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. 
TITLE III—IMPROVING THE MANAGE-
MENT AND INTEGRITY OF CHILD NU-
TRITION PROGRAMS 
Subtitle A—National School Lunch 
Program 
SEC. 301. PRIVACY PROTECTION. 
Section 9(d)(1) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(d)(1)) is amended— 
(1) in the first sentence, by inserting ‘‘the last 4 digits 
of’’ before ‘‘the social security account number’’; and 
(2) by striking the second sentence. 
SEC. 302. APPLICABILITY OF FOOD SAFETY PROGRAM ON ENTIRE 
SCHOOL CAMPUS. 
Section 9(h)(5) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(h)(5)) is amended— 
(1) by striking ‘‘Each school food’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—Each school food’’; and 
(2) by adding at the end the following: 
‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply to 
any facility or part of a facility in which food is stored, 
prepared, or served for the purposes of the school nutrition 
programs under this Act or section 4 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773).’’. 
SEC. 303. FINES FOR VIOLATING PROGRAM REQUIREMENTS. 
Section 22 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769c) is amended by adding at the end the following: 
‘‘(e) FINES FOR VIOLATING PROGRAM REQUIREMENTS.— 
‘‘(1) SCHOOL FOOD AUTHORITIES AND SCHOOLS.— 
‘‘(A) IN GENERAL.—The Secretary shall establish cri-
teria by which the Secretary or a State agency may impose 
a fine against any school food authority or school admin-
istering a program authorized under this Act or the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Sec-
retary or the State agency determines that the school food 
authority or school has— 
‘‘(i) failed to correct severe mismanagement of the 
program; 
‘‘(ii) disregarded a program requirement of which 
the school food authority or school had been informed; 
or 
‘‘(iii) failed to correct repeated violations of pro-
gram requirements. 
‘‘(B) LIMITS.— 
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124 STAT. 3241 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(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 reimburse-
ments earned for the fiscal year for the first finding 
of 1 or more program violations under subpara-
graph (A); 
‘‘(II) 5 percent of the amount of meal 
reimbursements earned for the fiscal year for the 
second finding of 1 or more program violations 
under subparagraph (A); and 
‘‘(III) 10 percent of the amount of meal 
reimbursements earned for the fiscal year for the 
third or subsequent finding of 1 or more program 
violations under subparagraph (A). 
‘‘(2) STATE AGENCIES.— 
‘‘(A) IN GENERAL.—The Secretary shall establish cri-
teria by which the Secretary may impose a fine against 
any State agency administering a program authorized 
under this Act or the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) if the Secretary determines that the 
State agency has— 
‘‘(i) failed to correct severe mismanagement of the 
program; 
‘‘(ii) disregarded a program requirement of which 
the State had been informed; or 
‘‘(iii) failed to correct repeated violations of pro-
gram requirements. 
‘‘(B) LIMITS.—In the case of a State agency, the amount 
of a fine under subparagraph (A) shall not exceed— 
‘‘(i) 1 percent of funds made available under section 
7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 
1776(a)) for State administrative expenses during a 
fiscal year for the first finding of 1 or more program 
violations under subparagraph (A); 
‘‘(ii) 5 percent of funds made available under sec-
tion 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 
1776(a)) for State administrative expenses during a 
fiscal year for the second finding of 1 or more program 
violations under subparagraph (A); and 
‘‘(iii) 10 percent of funds made available under 
section 7(a) of the Child Nutrition Act of 1966 (42 
U.S.C. 1776(a)) for State administrative expenses 
during a fiscal year for the third or subsequent finding 
of 1 or more program violations under subparagraph 
(A). 
‘‘(3) SOURCE OF FUNDING.—Funds to pay a fine imposed 
under paragraph (1) or (2) shall be derived from non-Federal 
sources.’’. 
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124 STAT. 3242 
PUBLIC LAW 111–296—DEC. 13, 2010 
SEC. 304. INDEPENDENT REVIEW OF APPLICATIONS. 
Section 22(b) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769c(b)) is amended by adding at the end the 
following: 
‘‘(6) ELIGIBILITY
DETERMINATION
REVIEW
FOR
SELECTED 
LOCAL EDUCATIONAL AGENCIES.— 
‘‘(A) IN GENERAL.—A local educational agency that has 
demonstrated a high level of, or a high risk for, administra-
tive error associated with certification, verification, and 
other administrative processes, as determined by the Sec-
retary, shall ensure that the initial eligibility determination 
for each application is reviewed for accuracy prior to noti-
fying a household of the eligibility or ineligibility of the 
household for free or reduced price meals. 
‘‘(B) TIMELINESS.—The review of initial eligibility deter-
minations— 
‘‘(i) shall be completed in a timely manner; and 
‘‘(ii) shall not result in the delay of an eligibility 
determination for more than 10 operating days after 
the date on which the application is submitted. 
‘‘(C) ACCEPTABLE TYPES OF REVIEW.—Subject to stand-
ards established by the Secretary, the system used to 
review eligibility determinations for accuracy shall be con-
ducted by an individual or entity that did not make the 
initial eligibility determination. 
‘‘(D) NOTIFICATION OF HOUSEHOLD.—Once the review 
of an eligibility determination has been completed under 
this paragraph, the household shall be notified immediately 
of the determination of eligibility or ineligibility for free 
or reduced price meals. 
‘‘(E) REPORTING.— 
‘‘(i) LOCAL EDUCATIONAL AGENCIES.—In accordance 
with procedures established by the Secretary, each 
local educational agency required to review initial eligi-
bility determinations shall submit to the relevant State 
agency a report describing the results of the reviews, 
including— 
‘‘(I) the number and percentage of reviewed 
applications for which the eligibility determination 
was changed and the type of change made; and 
‘‘(II) such other information as the Secretary 
determines to be necessary. 
‘‘(ii) STATE AGENCIES.—In accordance with proce-
dures established by the Secretary, each State agency 
shall submit to the Secretary a report describing the 
results of the reviews of initial eligibility determina-
tions, including— 
‘‘(I) the number and percentage of reviewed 
applications for which the eligibility determination 
was changed and the type of change made; and 
‘‘(II) such other information as the Secretary 
determines to be necessary. 
‘‘(iii) TRANSPARENCY.—The Secretary shall publish 
annually the results of the reviews of initial eligibility 
determinations by State, number, percentage, and type 
of error.’’. 
Publication. 
Procedures. 
Procedures. 
Standards. 
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124 STAT. 3243 
PUBLIC LAW 111–296—DEC. 13, 2010 
SEC. 305. PROGRAM EVALUATION. 
Section 28 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769i) is amended by adding at the end the following: 
‘‘(c) COOPERATION WITH PROGRAM RESEARCH
AND EVALUA-
TION.—States, State educational agencies, local educational agen-
cies, schools, institutions, facilities, and contractors participating 
in programs authorized under this Act and the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.) shall cooperate with officials 
and contractors acting on behalf of the Secretary, in the conduct 
of evaluations and studies under those Acts.’’. 
SEC. 306. PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE. 
Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) 
is amended by striking subsection (g) and inserting the following: 
‘‘(g) PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.— 
‘‘(1) CRITERIA FOR SCHOOL FOOD SERVICE AND STATE AGENCY 
DIRECTORS.— 
‘‘(A) SCHOOL FOOD SERVICE DIRECTORS.— 
‘‘(i) IN GENERAL.—The Secretary shall establish a 
program of required education, training, and certifi-
cation for all school food service directors responsible 
for the management of a school food authority. 
‘‘(ii) REQUIREMENTS.—The program shall include— 
‘‘(I) minimum educational requirements nec-
essary to successfully manage the school lunch 
program established under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) 
and the school breakfast program established by 
section 4 of this Act; 
‘‘(II) minimum program training and certifi-
cation criteria for school food service directors; and 
‘‘(III) minimum periodic training criteria to 
maintain school food service director certification. 
‘‘(B) SCHOOL NUTRITION STATE AGENCY DIRECTORS.— 
The Secretary shall establish criteria and standards for 
States to use in the selection of State agency directors 
with responsibility for the school lunch program established 
under the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.) and the school breakfast program 
established by section 4 of this Act. 
‘‘(C) TRAINING PROGRAM PARTNERSHIP.—The Secretary 
may provide financial and other assistance to 1 or more 
professional food service management organizations— 
‘‘(i) to establish and manage the program under 
this paragraph; and 
‘‘(ii) to develop voluntary training and certification 
programs for other school food service workers. 
‘‘(D) REQUIRED DATE OF COMPLIANCE.— 
‘‘(i) SCHOOL FOOD SERVICE DIRECTORS.—The Sec-
retary shall establish a date by which all school food 
service directors whose local educational agencies are 
participating in the school lunch program established 
under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.) and the school breakfast 
program established by section 4 of this Act shall be 
required to comply with the education, training, and 
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124 STAT. 3244 
PUBLIC LAW 111–296—DEC. 13, 2010 
certification criteria established in accordance with 
subparagraph (A). 
‘‘(ii) SCHOOL
NUTRITION
STATE
AGENCY
DIREC-
TORS.—The Secretary shall establish a date by which 
all State agencies shall be required to comply with 
criteria and standards established in accordance with 
subparagraph (B) for the selection of State agency 
directors with responsibility for the school lunch pro-
gram established under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) 
and the school breakfast program established by sec-
tion 4 of this Act. 
‘‘(2) TRAINING AND CERTIFICATION OF FOOD SERVICE PER-
SONNEL.— 
‘‘(A) TRAINING FOR INDIVIDUALS CONDUCTING OR OVER-
SEEING ADMINISTRATIVE PROCEDURES.— 
‘‘(i) IN GENERAL.—At least annually, each State 
shall provide training in administrative practices 
(including 
training 
in 
application, 
certification, 
verification, meal counting, and meal claiming proce-
dures) to local educational agency and school food 
authority personnel and other appropriate personnel. 
‘‘(ii) FEDERAL ROLE.—The Secretary shall— 
‘‘(I) provide training and technical assistance 
described in clause (i) to the State; or 
‘‘(II) at the option of the Secretary, directly 
provide training and technical assistance described 
in clause (i). 
‘‘(iii) REQUIRED
PARTICIPATION.—In accordance 
with procedures established by the Secretary, each 
local educational agency or school food authority shall 
ensure that an individual conducting or overseeing 
administrative procedures described in clause (i) 
receives training at least annually, unless determined 
otherwise by the Secretary. 
‘‘(B) TRAINING AND CERTIFICATION OF ALL LOCAL FOOD 
SERVICE PERSONNEL.— 
‘‘(i) IN
GENERAL.—The Secretary shall provide 
training designed to improve— 
‘‘(I) the accuracy of approvals for free and 
reduced price meals; and 
‘‘(II) the identification of reimbursable meals 
at the point of service. 
‘‘(ii) CERTIFICATION
OF
LOCAL
PERSONNEL.—In 
accordance with criteria established by the Secretary, 
local food service personnel shall complete annual 
training and receive annual certification— 
‘‘(I) to ensure program compliance and integ-
rity; and 
‘‘(II) to demonstrate competence in the training 
provided under clause (i). 
‘‘(iii) TRAINING MODULES.—In addition to the topics 
described in clause (i), a training program carried out 
under this subparagraph shall include training mod-
ules on— 
‘‘(I) nutrition; 
Procedures. 
Deadline. 
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124 STAT. 3245 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(II) health and food safety standards and 
methodologies; and 
‘‘(III) any other appropriate topics, as deter-
mined by the Secretary. 
‘‘(3) FUNDING.— 
‘‘(A) IN GENERAL.—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, 
to remain available until expended— 
‘‘(i) on October 1, 2010, $5,000,000; and 
‘‘(ii) on each October 1 thereafter, $1,000,000. 
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 
be entitled to receive, shall accept, and shall use to carry 
out this subsection the funds transferred under subpara-
graph (A), without further appropriation.’’. 
SEC. 307. INDIRECT COSTS. 
(a) GUIDANCE ON INDIRECT COSTS RULES.—Not later than 180 
days after the date of enactment of this Act, the Secretary shall 
issue guidance to school food authorities participating in the school 
lunch program established under the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast 
program established by section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773) covering program rules pertaining to indirect 
costs, including allowable indirect costs that may be charged to 
the nonprofit school food service account. 
(b) INDIRECT COST STUDY.—The Secretary shall— 
(1) conduct a study to assess the extent to which school 
food authorities 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 breakfast program 
established by section 4 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773) pay indirect costs, including assessments of— 
(A) the allocation of indirect costs to, and the meth-
odologies used to establish indirect cost rates for, school 
food authorities participating in the school lunch program 
established under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast 
program established by section 4 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773); 
(B) the impact of indirect costs charged to the nonprofit 
school food service account; 
(C) the types and amounts of indirect costs charged 
and recovered by school districts; 
(D) whether the indirect costs charged or recovered 
are consistent with requirements for the allocation of 
indirect costs and school food service operations; and 
(E) the types and amounts of indirect costs that could 
be charged or recovered under requirements for the alloca-
tion of indirect costs and school food service operations 
but are not charged or recovered; and 
(2) after completing the study required under paragraph 
(1), issue additional guidance relating to the types of costs 
that are reasonable and necessary to provide meals under the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 
et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 
et seq.). 
Deadline. 
42 USC 1751 
note. 
Effective dates. 
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124 STAT. 3246 
PUBLIC LAW 111–296—DEC. 13, 2010 
(c) REGULATIONS.—After conducting the study under subsection 
(b)(1) and identifying costs under subsection (b)(2), the Secretary 
may promulgate regulations to address— 
(1) any identified deficiencies in the allocation of indirect 
costs; and 
(2) the authority of school food authorities to reimburse 
only those costs identified by the Secretary as reasonable and 
necessary under subsection (b)(2). 
(d) REPORT.—Not later than October 1, 2013, the Secretary 
shall submit to the Committee on Education and Labor of the 
House of Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report that describes the results 
of the study under subsection (b). 
(e) FUNDING.— 
(1) IN GENERAL.—On October 1, 2010, out of any funds 
in the Treasury not otherwise appropriated, the Secretary of 
the Treasury shall transfer to the Secretary to carry out this 
section $2,000,000, to remain available until expended. 
(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be enti-
tled to receive, shall accept, and shall use to carry out this 
section the funds transferred under paragraph (1), without 
further appropriation. 
SEC. 308. ENSURING SAFETY OF SCHOOL MEALS. 
The Richard B. Russell National School Lunch Act is amended 
by after section 28 (42 U.S.C. 1769i) the following: 
‘‘SEC. 29. ENSURING SAFETY OF SCHOOL MEALS. 
‘‘(a) FOOD AND NUTRITION SERVICE.—Not later than 1 year 
after the date of enactment of the Healthy, Hunger-Free Kids 
Act of 2010, the Secretary, acting through the Administrator of 
the Food and Nutrition Service, shall— 
‘‘(1) in consultation with the Administrator of the Agricul-
tural Marketing Service and the Administrator of the Farm 
Service Agency, develop guidelines to determine the cir-
cumstances under which it is appropriate for the Secretary 
to institute an administrative hold on suspect foods purchased 
by the Secretary that are being used in school meal programs 
under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.); 
‘‘(2) work with States to explore ways for the States to 
increase the timeliness of notification of food recalls to schools 
and school food authorities; 
‘‘(3) improve the timeliness and completeness of direct 
communication between the Food and Nutrition Service and 
States about holds and recalls, such as through the commodity 
alert system of the Food and Nutrition Service; and 
‘‘(4) establish a timeframe to improve the commodity hold 
and recall procedures of the Department of Agriculture to 
address the role of processors and determine the involvement 
of distributors with processed products that may contain 
recalled ingredients, to facilitate the provision of more timely 
and complete information to schools. 
‘‘(b) FOOD SAFETY AND INSPECTION SERVICE.—Not later than 
1 year after the date of enactment of the Healthy, Hunger-Free 
Kids Act of 2010, the Secretary, acting through the Administrator 
Guidelines. 
Deadlines. 
42 USC 1769j. 
Effective date. 
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124 STAT. 3247 
PUBLIC LAW 111–296—DEC. 13, 2010 
of the Food Safety and Inspection Service, shall revise the proce-
dures of the Food Safety and Inspection Service to ensure that 
schools are included in effectiveness checks.’’. 
Subtitle B—Summer Food Service Program 
SEC. 321. SUMMER FOOD SERVICE PROGRAM PERMANENT OPERATING 
AGREEMENTS. 
Section 13(b) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1761(b)) is amended by striking paragraph (3) and 
inserting the following: 
‘‘(3) PERMANENT OPERATING AGREEMENTS AND BUDGET FOR 
ADMINISTRATIVE COSTS.— 
‘‘(A) PERMANENT OPERATING AGREEMENTS.— 
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), 
to participate in the program, a service institution 
that meets the conditions of eligibility described in 
this section and in regulations promulgated by the 
Secretary, shall be required to enter into a permanent 
agreement with the applicable State agency. 
‘‘(ii) 
AMENDMENTS.—A 
permanent 
agreement 
described in clause (i) may be amended as necessary 
to ensure that the service institution is in compliance 
with all requirements established in this section or 
by the Secretary. 
‘‘(iii) 
TERMINATION.—A 
permanent 
agreement 
described in clause (i)— 
‘‘(I) may be terminated for convenience by the 
service institution and State agency that is a party 
to the permanent agreement; and 
‘‘(II) shall be terminated— 
‘‘(aa) for cause by the applicable State 
agency in accordance with subsection (q) and 
with regulations promulgated by the Sec-
retary; or 
‘‘(bb) on termination of participation of the 
service institution in the program. 
‘‘(B) BUDGET FOR ADMINISTRATIVE COSTS.— 
‘‘(i) IN GENERAL.—When applying for participation 
in the program, and not less frequently than annually 
thereafter, each service institution shall submit a com-
plete budget for administrative costs related to the 
program, which shall be subject to approval by the 
State. 
‘‘(ii) AMOUNT.—Payment to service institutions for 
administrative costs shall equal the levels determined 
by the Secretary pursuant to the study required in 
paragraph (4).’’. 
SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALIFICATION. 
Section 13 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1761) is amended— 
(1) by redesignating subsection (q) as subsection (r); and 
(2) by inserting after subsection (p) the following: 
‘‘(q) TERMINATION
AND DISQUALIFICATION
OF PARTICIPATING 
ORGANIZATIONS.— 
Regulations. 
Regulations. 
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124 STAT. 3248 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(1) IN GENERAL.—Each State agency shall follow the proce-
dures 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 deter-
mination for any service institution aggrieved by any action 
of the State agency that affects— 
‘‘(A) the participation of the service institution in the 
program; or 
‘‘(B) the claim of the service institution for reimburse-
ment under this section. 
‘‘(3) LIST OF DISQUALIFIED INSTITUTIONS AND INDIVIDUALS.— 
‘‘(A) IN GENERAL.—The Secretary shall maintain a list 
of service institutions and individuals that have been termi-
nated or otherwise disqualified from participation in the 
program under the procedures established pursuant to 
paragraph (1). 
‘‘(B) AVAILABILITY.—The Secretary shall make the list 
available to States for use in approving or renewing 
applications by service institutions for participation in the 
program.’’. 
Subtitle C—Child and Adult Care Food 
Program 
SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PERMANENT 
OPERATING AGREEMENTS. 
(a) PERMANENT OPERATING AGREEMENTS.—Section 17(d)(1) of 
the Richard B. Russell National School Lunch Act (42 U.S.C. 
1766(d)(1)) is amended by adding at the end the following: 
‘‘(E) PERMANENT OPERATING AGREEMENTS.— 
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), 
to participate in the child and adult care food program, 
an institution that meets the conditions of eligibility 
described in this subsection shall be required to enter 
into a permanent agreement with the applicable State 
agency. 
‘‘(ii) 
AMENDMENTS.—A 
permanent 
agreement 
described in clause (i) may be amended as necessary 
to ensure that the institution is in compliance with 
all requirements established in this section or by the 
Secretary. 
‘‘(iii) 
TERMINATION.—A 
permanent 
agreement 
described in clause (i)— 
‘‘(I) may be terminated for convenience by the 
institution or State agency that is a party to the 
permanent agreement; and 
‘‘(II) shall be terminated— 
‘‘(aa) for cause by the applicable State 
agency in accordance with paragraph (5); or 
‘‘(bb) on termination of participation of the 
institution in the child and adult care food 
program.’’. 
(b) APPLICATIONS AND REVIEWS.—Section 17(d) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1766(d)) is 
amended by striking paragraph (2) and inserting the following: 
Procedures. 
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124 STAT. 3249 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(2) PROGRAM APPLICATIONS.— 
‘‘(A) IN GENERAL.—The Secretary shall develop a policy 
under which each institution providing child care that 
participates in the program under this section shall— 
‘‘(i) submit to the State agency an initial applica-
tion to participate in the program that meets all 
requirements established by the Secretary by regula-
tion; 
‘‘(ii) annually confirm to the State agency that 
the institution, and any facilities of the institution 
in which the program is operated by a sponsoring 
organization, is in compliance with subsection (a)(5); 
and 
‘‘(iii) annually submit to the State agency any addi-
tional information necessary to confirm that the 
institution is in compliance with all other requirements 
to participate in the program, as established in this 
Act and by the Secretary by regulation. 
‘‘(B) REQUIRED REVIEWS OF SPONSORED FACILITIES.— 
‘‘(i) IN GENERAL.—The Secretary shall develop a 
policy under which each sponsoring organization 
participating in the program under this section shall 
conduct— 
‘‘(I) periodic unannounced site visits at not 
less than 3-year intervals to sponsored child and 
adult care centers and family or group day care 
homes to identify and prevent management defi-
ciencies and fraud and abuse under the program; 
and 
‘‘(II) at least 1 scheduled site visit each year 
to sponsored child and adult care centers and 
family or group day care homes to identify and 
prevent management deficiencies and fraud and 
abuse under the program and to improve program 
operations. 
‘‘(ii) VARIED
TIMING.—Sponsoring organizations 
shall vary the timing of unannounced reviews under 
clause (i)(I) in a manner that makes the reviews 
unpredictable to sponsored facilities. 
‘‘(C) REQUIRED REVIEWS OF INSTITUTIONS.—The Sec-
retary shall develop a policy under which each State agency 
shall conduct— 
‘‘(i) at least 1 scheduled site visit at not less than 
3-year intervals to each institution under the State 
agency participating in the program under this sec-
tion— 
‘‘(I) to identify and prevent management defi-
ciencies and fraud and abuse under the program; 
and 
‘‘(II) to improve program operations; and 
‘‘(ii) more frequent reviews of any institution 
that— 
‘‘(I) sponsors a significant share of the facilities 
participating in the program; 
‘‘(II) conducts activities other than the pro-
gram authorized under this section; 
Deadline. 
Deadlines. 
Regulations. 
Deadlines. 
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124 STAT. 3250 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(III) has serious management problems, as 
identified in a prior review, or is at risk of having 
serious management problems; or 
‘‘(IV) meets such other criteria as are defined 
by the Secretary. 
‘‘(D) DETECTION AND DETERRENCE OF ERRONEOUS PAY-
MENTS AND FALSE CLAIMS.— 
‘‘(i) IN GENERAL.—The Secretary may develop a 
policy to detect and deter, and recover erroneous pay-
ments to, and false claims submitted by, institutions, 
sponsored child and adult care centers, and family 
or group day care homes participating in the program 
under this section. 
‘‘(ii) BLOCK CLAIMS.— 
‘‘(I) DEFINITION
OF
BLOCK
CLAIM.—In this 
clause, the term ‘block claim’ has the meaning 
given the term in section 226.2 of title 7, Code 
of Federal Regulations (or successor regulations). 
‘‘(II) PROGRAM EDIT CHECKS.—The Secretary 
may not require any State agency, sponsoring 
organization, or other institution to perform edit 
checks or on-site reviews relating to the detection 
of block claims by any child care facility. 
‘‘(III) 
ALLOWANCE.—Notwithstanding 
sub-
clause (II), the Secretary may require any State 
agency, sponsoring organization, or other institu-
tion to collect, store, and transmit to the appro-
priate entity information necessary to develop any 
other policy developed under clause (i).’’. 
(c) AGREEMENTS.—Section 17(j)(1) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766(j)(1)) is amended— 
(1) by striking ‘‘may’’ and inserting ‘‘shall’’; 
(2) by striking ‘‘family or group day care’’ the first place 
it appears; and 
(3) by inserting ‘‘or sponsored day care centers’’ before 
‘‘participating’’. 
SEC. 332. STATE LIABILITY FOR PAYMENTS TO AGGRIEVED CHILD 
CARE INSTITUTIONS. 
Section 17(e) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(e)) is amended— 
(1) in paragraph (3), by striking ‘‘(3) If a State’’ and 
inserting the following: 
‘‘(5) SECRETARIAL HEARING.—If a State’’; and 
(2) by striking ‘‘(e) Except as provided’’ and all that follows 
through ‘‘(2) A State’’ and inserting the following: 
‘‘(e) HEARINGS.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (4), 
each State agency shall provide, in accordance with regulations 
promulgated by the Secretary, an opportunity for a fair hearing 
and a prompt determination to any institution aggrieved by 
any action of the State agency that affects— 
‘‘(A) the participation of the institution in the program 
authorized by this section; or 
‘‘(B) the claim of the institution for reimbursement 
under this section. 
Regulations. 
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124 STAT. 3251 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(2) REIMBURSEMENT.—In accordance with paragraph (3), 
a State agency that fails to meet timeframes for providing 
an opportunity for a fair hearing and a prompt determination 
to any institution under paragraph (1) in accordance with regu-
lations promulgated by the Secretary, shall pay, from non- 
Federal sources, all valid claims for reimbursement to the 
institution and the facilities of the institution during the period 
beginning on the day after the end of any regulatory deadline 
for providing the opportunity and making the determination 
and ending on the date on which a hearing determination 
is made. 
‘‘(3) NOTICE TO STATE AGENCY.—The Secretary shall provide 
written notice to a State agency at least 30 days prior to 
imposing any liability for reimbursement under paragraph (2). 
‘‘(4) FEDERAL AUDIT DETERMINATION.—A State’’. 
SEC. 333. TRANSMISSION OF INCOME INFORMATION BY SPONSORED 
FAMILY OR GROUP DAY CARE HOMES. 
Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(III)) is amended by 
adding at the end the following: 
‘‘(dd) TRANSMISSION OF INCOME INFORMA-
TION
BY
SPONSORED
FAMILY
OR
GROUP
DAY 
CARE HOMES.—If a family or group day care 
home elects to be provided reimbursement fac-
tors described in subclause (II), the family or 
group day care home may assist in the trans-
mission 
of 
necessary 
household 
income 
information to the family or group day care 
home sponsoring organization in accordance 
with the policy described in item (ee). 
‘‘(ee) POLICY.—The Secretary shall develop 
a policy under which a sponsored family or 
group day care home described in item (dd) 
may, under terms and conditions specified by 
the Secretary and with the written consent 
of the parents or guardians of a child in a 
family or group day care home participating 
in the program, assist in the transmission of 
the income information of the family to the 
family or group day care home sponsoring 
organization.’’. 
SEC. 334. SIMPLIFYING AND ENHANCING ADMINISTRATIVE PAYMENTS 
TO SPONSORING ORGANIZATIONS. 
Section 17(f)(3) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(f)(3)) is amended by striking subparagraph 
(B) and inserting the following: 
‘‘(B) ADMINISTRATIVE FUNDS.— 
‘‘(i) IN GENERAL.—In addition to reimbursement 
factors described in subparagraph (A), a family or 
group day care home sponsoring organization shall 
receive reimbursement for the administrative expenses 
of the sponsoring organization in an amount that is 
not less than the product obtained each month by 
multiplying— 
Deadline. 
Regulations. 
Time period. 
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124 STAT. 3252 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(I) the number of family and group day care 
homes of the sponsoring organization submitting 
a claim for reimbursement during the month; by 
‘‘(II) the appropriate administrative rate deter-
mined by the Secretary. 
‘‘(ii) ANNUAL
ADJUSTMENT.—The administrative 
reimbursement levels specified in clause (i) shall be 
adjusted July 1 of each year to reflect changes in 
the Consumer Price Index for All Urban Consumers 
published by the Bureau of Labor Statistics of the 
Department of Labor for the most recent 12-month 
period for which such data are available. 
‘‘(iii) CARRYOVER
FUNDS.—The Secretary shall 
develop procedures under which not more than 10 per-
cent of the amount made available to sponsoring 
organizations under this section for administrative 
expenses for a fiscal year may remain available for 
obligation or expenditure in the succeeding fiscal 
year.’’. 
SEC. 335. CHILD AND ADULT CARE FOOD PROGRAM AUDIT FUNDING. 
Section 17(i) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(i)) is amended by striking paragraph (2) and 
inserting the following: 
‘‘(2) FUNDING.— 
‘‘(A) IN GENERAL.—The Secretary shall make available 
for each fiscal year to each State agency administering 
the child and adult care food program, for the purpose 
of conducting audits of participating institutions, an 
amount of up to 1.5 percent of the funds used by each 
State in the program under this section, during the second 
preceding fiscal year. 
‘‘(B) ADDITIONAL FUNDING.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), for fiscal 
year 2016 and each fiscal year thereafter, the Secretary 
may increase the amount of funds made available to 
any State agency under subparagraph (A), if the State 
agency demonstrates that the State agency can effec-
tively use the funds to improve program management 
under criteria established by the Secretary. 
‘‘(ii) LIMITATION.—The total amount of funds made 
available to any State agency under this paragraph 
shall not exceed 2 percent of the funds used by each 
State agency in the program under this section, during 
the second preceding fiscal year.’’. 
SEC. 
336. 
REDUCING 
PAPERWORK 
AND 
IMPROVING 
PROGRAM 
ADMINISTRATION. 
(a) DEFINITION OF PROGRAM.—In this section, the term ‘‘pro-
gram’’ means the child and adult care food program established 
under section 17 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766). 
(b) ESTABLISHMENT.—The Secretary, in conjunction with States 
and participating institutions, shall continue to examine the feasi-
bility of reducing unnecessary or duplicative paperwork resulting 
from regulations and recordkeeping requirements for State agencies, 
institutions, family and group day care homes, and sponsored cen-
ters participating in the program. 
42 USC 1766 
note. 
Procedures. 
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124 STAT. 3253 
PUBLIC LAW 111–296—DEC. 13, 2010 
(c) DUTIES.—At a minimum, the examination shall include— 
(1) review and evaluation of the recommendations, guid-
ance, and regulatory priorities developed and issued to comply 
with section 119(i) of the Child Nutrition and WIC Reauthoriza-
tion Act of 2004 (42 U.S.C. 1766 note; Public Law 108–265); 
and 
(2) examination of additional paperwork and administrative 
requirements that have been established since February 23, 
2007, that could be reduced or simplified. 
(d) ADDITIONAL DUTIES.—The Secretary, in conjunction with 
States and institutions participating in the program, may also 
examine any aspect of administration of the program. 
(e) REPORT.—Not later than 4 years after the date of enactment 
of this Act, the Secretary shall submit to Congress a report that 
describes the actions that have been taken to carry out this section, 
including— 
(1) actions taken to address administrative and paperwork 
burdens identified as a result of compliance with section 119(i) 
of the Child Nutrition and WIC Reauthorization Act of 2004 
(42 U.S.C. 1766 note; Public Law 108–265); 
(2) administrative and paperwork burdens identified as 
a result of compliance with section 119(i) of that Act for which 
no regulatory action or policy guidance has been taken; 
(3) additional steps that the Secretary is taking or plans 
to take to address any administrative and paperwork burdens 
identified under subsection (c)(2) and paragraph (2), including— 
(A) new or updated regulations, policy, guidance, or 
technical assistance; and 
(B) a timeframe for the completion of those steps; 
and 
(4) recommendations to Congress for modifications to 
existing statutory authorities needed to address identified 
administrative and paperwork burdens. 
SEC. 337. STUDY RELATING TO THE CHILD AND ADULT CARE FOOD 
PROGRAM. 
(a) STUDY.—The Secretary, acting through the Administrator 
of the Food and Nutrition Service, shall carry out a study of States 
participating in an afterschool supper program under the child 
and adult care food program established under section 17(r) of 
the Richard B. Russell National School Lunch Act (42 U.S.C. 
1766(r)). 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to Congress, and make 
available on the website of the Food and Nutrition Service, a 
report that describes— 
(1) best practices of States in soliciting sponsors for an 
afterschool supper program described in subsection (a); and 
(2) any Federal or State laws or requirements that may 
be a barrier to participation in the program. 
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124 STAT. 3254 
PUBLIC LAW 111–296—DEC. 13, 2010 
Subtitle D—Special Supplemental Nutri-
tion Program for Women, Infants, and 
Children 
SEC. 351. SHARING OF MATERIALS WITH OTHER PROGRAMS. 
Section 17(e)(3) of the Child Nutrition Act (42 U.S.C. 1786(e)(3)) 
is amended by striking subparagraph (B) and inserting the fol-
lowing: 
‘‘(B) SHARING OF MATERIALS WITH OTHER PROGRAMS.— 
‘‘(i) COMMODITY SUPPLEMENTAL FOOD PROGRAM.— 
The Secretary may provide, in bulk quantity, nutrition 
education materials (including materials promoting 
breastfeeding) developed with funds made available 
for the program authorized under this section to State 
agencies administering the commodity supplemental 
food program established under section 5 of the Agri-
culture and Consumer Protection Act of 1973 (7 U.S.C. 
612c note; Public Law 93–86) at no cost to that pro-
gram. 
‘‘(ii) CHILD AND ADULT CARE FOOD PROGRAM.—A 
State agency may allow the local agencies or clinics 
under the State agency to share nutrition educational 
materials with institutions participating in the child 
and adult care food program established under section 
17 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766) at no cost to that program, if 
a written materials sharing agreement exists between 
the relevant agencies.’’. 
SEC. 352. WIC PROGRAM MANAGEMENT. 
(a) WIC EVALUATION FUNDS.—Section 17(g)(5) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)) is amended by striking 
‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’. 
(b) WIC REBATE PAYMENTS.—Section 17(h)(8) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)) is amended by adding 
at the end the following: 
‘‘(K) REPORTING.—Effective beginning October 1, 2011, 
each State agency shall report rebate payments received 
from manufacturers in the month in which the payments 
are received, rather than in the month in which the pay-
ments were earned.’’. 
(c) COST CONTAINMENT MEASURE.—Section 17(h) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended— 
(1) in paragraph (8)(A)(iv)(III), by striking ‘‘Any’’ and 
inserting ‘‘Except as provided in paragraph (9)(B)(i)(II), any’’; 
and 
(2) by striking paragraph (9) and inserting the following: 
‘‘(9) COST CONTAINMENT MEASURE.— 
‘‘(A) DEFINITION OF COST CONTAINMENT MEASURE.—In 
this subsection, the term ‘cost containment measure’ means 
a competitive bidding, rebate, direct distribution, or home 
delivery system implemented by a State agency as 
described in the approved State plan of operation and 
administration of the State agency. 
Effective date. 
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124 STAT. 3255 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(B) SOLICITATION
AND
REBATE
BILLING
REQUIRE-
MENTS.—Any State agency instituting a cost containment 
measure for any authorized food, including infant formula, 
shall— 
‘‘(i) in the bid solicitation— 
‘‘(I) identify the composition of State alliances 
for the purposes of a cost containment measure; 
and 
‘‘(II) verify that no additional States shall be 
added to the State alliance between the date of 
the bid solicitation and the end of the contract; 
‘‘(ii) have a system to ensure that rebate invoices 
under competitive bidding provide a reasonable esti-
mate or an actual count of the number of units sold 
to participants in the program under this section; 
‘‘(iii) open and read aloud all bids at a public 
proceeding on the day on which the bids are due; 
and 
‘‘(iv) unless otherwise exempted by the Secretary, 
provide a minimum of 30 days between the publication 
of the solicitation and the date on which the bids 
are due. 
‘‘(C) STATE ALLIANCES FOR AUTHORIZED FOODS OTHER 
THAN
INFANT
FORMULA.—Program requirements relating 
to the size of State alliances under paragraph (8)(A)(iv) 
shall apply to cost containment measures established for 
any authorized food under this section.’’. 
(d) ELECTRONIC BENEFIT TRANSFER.—Section 17(h) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by striking 
paragraph (12) and inserting the following: 
‘‘(12) ELECTRONIC BENEFIT TRANSFER.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) ELECTRONIC
BENEFIT
TRANSFER.—The term 
‘electronic benefit transfer’ means a food delivery 
system that provides benefits using a card or other 
access device approved by the Secretary that permits 
electronic access to program benefits. 
‘‘(ii) PROGRAM.—The term ‘program’ means the spe-
cial supplemental nutrition program established by 
this section. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) IN GENERAL.—Not later than October 1, 2020, 
each State agency shall be required to implement elec-
tronic benefit transfer systems throughout the State, 
unless the Secretary grants an exemption under 
subparagraph (C) for a State agency that is facing 
unusual barriers to implement an electronic benefit 
transfer system. 
‘‘(ii) RESPONSIBILITY.—The State agency shall be 
responsible for the coordination and management of 
the electronic benefit transfer system of the agency. 
‘‘(C) EXEMPTIONS.— 
‘‘(i) IN GENERAL.—To be eligible for an exemption 
from the statewide implementation requirements of 
subparagraph (B)(i), a State agency shall demonstrate 
to the satisfaction of the Secretary 1 or more of the 
following: 
Deadline. 
Applicability. 
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124 STAT. 3256 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(I) There are unusual technological barriers 
to implementation. 
‘‘(II) Operational costs are not affordable 
within the nutrition services and administration 
grant of the State agency. 
‘‘(III) It is in the best interest of the program 
to grant the exemption. 
‘‘(ii) SPECIFIC DATE.—A State agency requesting 
an exemption under clause (i) shall specify a date 
by which the State agency anticipates statewide 
implementation described in subparagraph (B)(i). 
‘‘(D) REPORTING.— 
‘‘(i) IN GENERAL.—Each State agency shall submit 
to the Secretary electronic benefit transfer project 
status reports to demonstrate the progress of the State 
toward statewide implementation. 
‘‘(ii) CONSULTATION.—If a State agency plans to 
incorporate additional programs in the electronic ben-
efit transfer system of the State, the State agency 
shall consult with the State agency officials responsible 
for administering the programs prior to submitting 
the planning documents to the Secretary for approval. 
‘‘(iii) REQUIREMENTS.—At a minimum, a status 
report submitted under clause (i) shall contain— 
‘‘(I) an annual outline of the electronic benefit 
transfer implementation goals and objectives of 
the State; 
‘‘(II) appropriate updates in accordance with 
approval requirements for active electronic benefit 
transfer State agencies; and 
‘‘(III) such other information as the Secretary 
may require. 
‘‘(E) IMPOSITION OF COSTS ON VENDORS.— 
‘‘(i) COST PROHIBITION.—Except as otherwise pro-
vided in this paragraph, the Secretary may not impose, 
or allow a State agency to impose, the costs of any 
equipment or system required for electronic benefit 
transfers on any authorized vendor in order to transact 
electronic benefit transfers if the vendor equipment 
or system is used solely to support the program. 
‘‘(ii) COST-SHARING.—The Secretary shall establish 
criteria for cost-sharing by State agencies and vendors 
of costs associated with any equipment or system that 
is not solely dedicated to transacting electronic benefit 
transfers for the program. 
‘‘(iii) FEES.— 
‘‘(I) IN
GENERAL.—A vendor that elects to 
accept electronic benefit transfers using multi-
function equipment shall pay commercial trans-
action processing costs and fees imposed by a third- 
party processor that the vendor elects to use to 
connect to the electronic benefit transfer system 
of the State. 
‘‘(II) INTERCHANGE FEES.—No interchange fees 
shall apply to electronic benefit transfer trans-
actions under this paragraph. 
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124 STAT. 3257 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(iv) STATEWIDE OPERATIONS.—After completion of 
statewide expansion of a system for transaction of elec-
tronic benefit transfers— 
‘‘(I) a State agency may not be required to 
incur ongoing maintenance costs for vendors using 
multifunction systems and equipment to support 
electronic benefit transfers; and 
‘‘(II) any retail store in the State that applies 
for authorization to become a program vendor shall 
be required to demonstrate the capability to accept 
program benefits electronically prior to authoriza-
tion, unless the State agency determines that the 
vendor is necessary for participant access. 
‘‘(F) MINIMUM LANE COVERAGE.— 
‘‘(i) IN
GENERAL.—The Secretary shall establish 
minimum lane coverage guidelines for vendor equip-
ment and systems used to support electronic benefit 
transfers. 
‘‘(ii) PROVISION OF EQUIPMENT.—If a vendor does 
not elect to accept electronic benefit transfers using 
its own multifunction equipment, the State agency 
shall provide such equipment as is necessary to solely 
support the program to meet the established minimum 
lane coverage guidelines. 
‘‘(G) TECHNICAL STANDARDS.—The Secretary shall— 
‘‘(i) establish technical standards and operating 
rules for electronic benefit transfer systems; and 
‘‘(ii) require each State agency, contractor, and 
authorized vendor participating in the program to dem-
onstrate compliance with the technical standards and 
operating rules.’’. 
(e) UNIVERSAL PRODUCT CODES DATABASE.—Section 17(h) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended 
by striking paragraph (13) and inserting the following: 
‘‘(13) UNIVERSAL PRODUCT CODES DATABASE.— 
‘‘(A) IN GENERAL.—Not later than 2 years after the 
date of enactment of the Healthy, Hunger-Free Kids Act 
of 2010, the Secretary shall establish a national universal 
product code database to be used by all State agencies 
in carrying out the requirements of paragraph (12). 
‘‘(B) FUNDING.— 
‘‘(i) IN GENERAL.—On October 1, 2010, and on each 
October 1 thereafter, out of any funds in the Treasury 
not otherwise appropriated, the Secretary of the 
Treasury shall transfer to the Secretary to carry out 
this paragraph $1,000,000, to remain available until 
expended. 
‘‘(ii) RECEIPT
AND
ACCEPTANCE.—The Secretary 
shall be entitled to receive, shall accept, and shall 
use to carry out this paragraph the funds transferred 
under clause (i), without further appropriation. 
‘‘(iii) USE OF FUNDS.—The Secretary shall use the 
funds provided under clause (i) for development, 
hosting, hardware and software configuration, and sup-
port of the database required under subparagraph 
(A).’’. 
Effective dates. 
Deadline. 
Guidelines. 
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124 STAT. 3258 
PUBLIC LAW 111–296—DEC. 13, 2010 
(f) TEMPORARY SPENDING AUTHORITY.—Section 17(i) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended by 
adding at the end the following: 
‘‘(8) TEMPORARY
SPENDING
AUTHORITY.—During each of 
fiscal years 2012 and 2013, the Secretary may authorize a 
State agency to expend more than the amount otherwise author-
ized under paragraph (3)(C) for expenses incurred under this 
section for supplemental foods during the preceding fiscal year, 
if the Secretary determines that— 
‘‘(A) there has been a significant reduction in reported 
infant formula cost containment savings for the preceding 
fiscal year due to the implementation of subsection 
(h)(8)(K); and 
‘‘(B) the reduction would affect the ability of the State 
agency to serve all eligible participants.’’. 
Subtitle E—Miscellaneous 
SEC. 361. FULL USE OF FEDERAL FUNDS. 
Section 12 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1760) is amended by striking subsection (b) and 
inserting the following: 
‘‘(b) AGREEMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall incorporate, in the 
agreement of the Secretary with the State agencies admin-
istering programs authorized under this Act or the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.), the express require-
ments with respect to the operation of the programs to the 
extent applicable and such other provisions as in the opinion 
of the Secretary are reasonably necessary or appropriate to 
effectuate the purposes of this Act and the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.). 
‘‘(2) EXPECTATIONS
FOR
USE
OF
FUNDS.—Agreements 
described in paragraph (1) shall include a provision that— 
‘‘(A) supports full use of Federal funds provided to 
State agencies for the administration of programs author-
ized under this Act or the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.); and 
‘‘(B) excludes the Federal funds from State budget 
restrictions or limitations including, at a minimum— 
‘‘(i) hiring freezes; 
‘‘(ii) work furloughs; and 
‘‘(iii) travel restrictions.’’. 
SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS. 
Section 12 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1760) (as amended by section 206) is amended 
by adding at the end the following: 
‘‘(r) DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.— 
Any school, institution, service institution, facility, or individual 
that has been terminated from any program authorized under this 
Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
and is on a list of disqualified institutions and individuals under 
section 13 or section 17(d)(5)(E) of this Act may not be approved 
to participate in or administer any program authorized under this 
Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).’’. 
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124 STAT. 3259 
PUBLIC LAW 111–296—DEC. 13, 2010 
TITLE IV—MISCELLANEOUS 
Subtitle A—Reauthorization of Expiring 
Provisions 
PART I—RICHARD B. RUSSELL NATIONAL 
SCHOOL LUNCH ACT 
SEC. 401. COMMODITY SUPPORT. 
Section 6(e)(1)(B) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ‘‘Sep-
tember 30, 2010’’ and inserting ‘‘September 30, 2020’’. 
SEC. 402. FOOD SAFETY AUDITS AND REPORTS BY STATES. 
Section 9(h) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(h)) is amended— 
(1) in paragraph (3), by striking ‘‘2006 through 2010’’ and 
inserting ‘‘2011 through 2015’’; and 
(2) in paragraph (4), by striking ‘‘2006 through 2010’’ and 
inserting ‘‘2011 through 2015’’. 
SEC. 403. PROCUREMENT TRAINING. 
Section 12(m)(4) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1760(m)(4)) is amended by striking ‘‘2005 
through 2009’’ and inserting ‘‘2010 through 2015’’. 
SEC. 404. AUTHORIZATION OF THE SUMMER FOOD SERVICE PROGRAM 
FOR CHILDREN. 
Subsection (r) of section 13 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1761) (as redesignated by section 
322(1)) is amended by striking ‘‘September 30, 2009’’ and inserting 
‘‘September 30, 2015’’. 
SEC. 405. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES. 
Subsection (i)(5) of section 18 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769) (as redesignated by section 
243(1)) is amended by striking ‘‘2005 through 2010’’ and inserting 
‘‘2011 through 2015’’. 
SEC. 406. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE 
MANAGEMENT INSTITUTE. 
Section 21(e) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769b–1(e)) is amended— 
(1) by striking ‘‘(e) AUTHORIZATION OF APPROPRIATIONS’’ 
and all that follows through the end of paragraph (2)(A) and 
inserting the following: 
‘‘(e) FOOD SERVICE MANAGEMENT INSTITUTE.— 
‘‘(1) FUNDING.— 
‘‘(A) IN GENERAL.—In addition to any amounts other-
wise made available for fiscal year 2011, on October 1, 
2010, and each October 1 thereafter, out of any funds 
in the Treasury not otherwise appropriated, the Secretary 
of the Treasury shall transfer to the Secretary to carry 
out subsection (a)(2) $5,000,000, to remain available until 
expended. 
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124 STAT. 3260 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall 
be entitled to receive, shall accept, and shall use to carry 
out subsection (a)(2) the funds transferred under subpara-
graph (A), without further appropriation.’’; 
(2) by redesignating subparagraphs (B) and (C) as para-
graphs (2) and (3), respectively, and indenting appropriately; 
(3) in paragraph (2) (as so redesignated), by striking 
‘‘subparagraph (A)’’ each place it appears and inserting ‘‘para-
graph (1)’’; and 
(4) in paragraph (3) (as so redesignated), by striking ‘‘sub-
paragraphs (A) and (B)’’ and inserting ‘‘paragraphs (1) and 
(2)’’. 
SEC. 407. FEDERAL ADMINISTRATIVE SUPPORT. 
Section 21(g)(1)(A)) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769b–1(g)(1)(A)) is amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) in clause(ii), by striking the period at the end and 
inserting ‘‘; and’’ 
(3) and by adding at the end the following: 
‘‘(iii) on October 1, 2010, and every October 1 there-
after, $4,000,000.’’. 
SEC. 408. COMPLIANCE AND ACCOUNTABILITY. 
Section 22(d) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769c(d)) is amended by striking ‘‘$6,000,000 for 
each of fiscal years 2004 through 2009’’ and inserting ‘‘$10,000,000 
for each of fiscal years 2011 through 2015’’. 
SEC. 409. INFORMATION CLEARINGHOUSE. 
Section 26(d) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking 
‘‘2005 through 2010’’ and inserting ‘‘2010 through 2015’’. 
PART II—CHILD NUTRITION ACT OF 1966 
SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT. 
Section 7(i)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 
1776(i)(4)) is amended by striking ‘‘2005 through 2009’’ and 
inserting ‘‘2010 through 2015’’. 
SEC. 422. STATE ADMINISTRATIVE EXPENSES. 
Section 7(j) of the Child Nutrition Act of 1966 (42 U.S.C. 
1776(j)) is amended by striking ‘‘October 1, 2009’’ and inserting 
‘‘October 1, 2015’’. 
SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 
WOMEN, INFANTS, AND CHILDREN. 
Section 17(g)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(g)(1)(A)) is amended by striking ‘‘each of fiscal years 2004 
through 2009’’ and inserting ‘‘each of fiscal years 2010 through 
2015’’. 
SEC. 424. FARMERS MARKET NUTRITION PROGRAM. 
Section 17(m)(9) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(m)(9)) is amended by striking subparagraph (A) and inserting 
the following: 
‘‘(A) AUTHORIZATION
OF
APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this subsection 
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124 STAT. 3261 
PUBLIC LAW 111–296—DEC. 13, 2010 
such sums as are necessary for each of fiscal years 2010 
through 2015.’’. 
Subtitle B—Technical Amendments 
SEC. 441. TECHNICAL AMENDMENTS. 
(a) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.— 
(1) NUTRITIONAL
REQUIREMENTS.—Section 9(f) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1758(f)) is amended— 
(A) by striking ‘‘(f)’’ and all that follows through the 
end of paragraph (1) and inserting the following: 
‘‘(f) NUTRITIONAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Schools that are participating in the 
school lunch program or school breakfast program shall serve 
lunches and breakfasts that— 
‘‘(A) are consistent with the goals of the most recent 
Dietary Guidelines for Americans published under section 
301 of the National Nutrition Monitoring and Related 
Research Act of 1990 (7 U.S.C. 5341); and 
‘‘(B) consider the nutrient needs of children who may 
be at risk for inadequate food intake and food insecurity.’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraphs (3) through (5) as 
paragraphs (2) through (4), respectively. 
(2) ROUNDING RULES FOR COMPUTATION OF ADJUSTMENT.— 
Section 11(a)(3)(B) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended by striking 
‘‘ROUNDING.—’’ and all that follows through ‘‘On July’’ in sub-
clause (II) and inserting ‘‘ROUNDING.—On July’’. 
(3) INFORMATION AND ASSISTANCE CONCERNING REIMBURSE-
MENT OPTIONS.—Section 11 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1759a) is amended by striking 
subsection (f). 
(4) 1995 REGULATIONS
TO
IMPLEMENT
DIETARY
GUIDE-
LINES.—Section 12 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1760) is amended by striking subsection 
(k). 
(5) SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.— 
(A) IN GENERAL.—Section 13 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1761) is amended 
by striking the section heading and all that follows through 
the end of subsection (a)(1) and inserting the following: 
‘‘SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. 
‘‘(a) IN GENERAL.— 
‘‘(1) DEFINITIONS.—In this section: 
‘‘(A) AREA
IN
WHICH
POOR
ECONOMIC
CONDITIONS 
EXIST.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), the term 
‘area in which poor economic conditions exist’, as the 
term relates to an area in which a program food service 
site is located, means— 
‘‘(I) the attendance area of a school in which 
at least 50 percent of the enrolled children have 
been determined eligible for free or reduced price 
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124 STAT. 3262 
PUBLIC LAW 111–296—DEC. 13, 2010 
school meals under this Act and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.); 
‘‘(II) a geographic area, as defined by the Sec-
retary based on the most recent census data avail-
able, in which at least 50 percent of the children 
residing in that area are eligible for free or reduced 
price school meals under this Act and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); 
‘‘(III) an area— 
‘‘(aa) for which the program food service 
site documents the eligibility of enrolled chil-
dren through the collection of income eligi-
bility statements from the families of enrolled 
children or other means; and 
‘‘(bb) at least 50 percent of the children 
enrolled at the program food service site meet 
the income standards for free or reduced price 
school meals under this Act and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); 
‘‘(IV) a geographic area, as defined by the Sec-
retary based on information provided from a 
department of welfare or zoning commission, in 
which at least 50 percent of the children residing 
in that area are eligible for free or reduced price 
school meals under this Act and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.); or 
‘‘(V) an area for which the program food service 
site demonstrates through other means approved 
by the Secretary that at least 50 percent of the 
children enrolled at the program food service site 
are eligible for free or reduced price school meals 
under this Act and the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.). 
‘‘(ii) DURATION OF DETERMINATION.—A determina-
tion that an area is an ‘area in which poor economic 
conditions exist’ under clause (i) shall be in effect for— 
‘‘(I) in the case of an area described in clause 
(i)(I), 5 years; 
‘‘(II) in the case of an area described in clause 
(i)(II), until more recent census data are available; 
‘‘(III) in the case of an area described in clause 
(i)(III), 1 year; and 
‘‘(IV) in the case of an area described in sub-
clause (IV) or (V) of clause (i), a period of time 
to be determined by the Secretary, but not less 
than 1 year. 
‘‘(B) CHILDREN.—The term ‘children’ means— 
‘‘(i) individuals who are 18 years of age and under; 
and 
‘‘(ii) individuals who are older than 18 years of 
age who are— 
‘‘(I) determined by a State educational agency 
or a local public educational agency of a State, 
in accordance with regulations promulgated by the 
Secretary, to have a disability, and 
Regulations. 
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124 STAT. 3263 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(II) participating in a public or nonprofit pri-
vate school program established for individuals 
who have a disability. 
‘‘(C) PROGRAM.—The term ‘program’ means the summer 
food service program for children authorized by this section. 
‘‘(D) SERVICE INSTITUTION.—The term ‘service institu-
tion’ means a public or private nonprofit school food 
authority, local, municipal, or county government, public 
or private nonprofit higher education institution partici-
pating in the National Youth Sports Program, or residential 
public or private nonprofit summer camp, that develops 
special summer or school vacation programs providing food 
service similar to food service made available to children 
during the school year under the school lunch program 
under this Act or the school breakfast program under the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). 
‘‘(E) STATE.—The term ‘State’ means— 
‘‘(i) each of the several States of the United States; 
‘‘(ii) the District of Columbia; 
‘‘(iii) the Commonwealth of Puerto Rico; 
‘‘(iv) Guam; 
‘‘(v) American Samoa; 
‘‘(vi) the Commonwealth of the Northern Mariana 
Islands; and 
‘‘(vii) the United States Virgin Islands.’’. 
(B) CONFORMING AMENDMENTS.—Section 13(a) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1761(a)) is amended— 
(i) in paragraph (2)— 
(I) by striking ‘‘(2) To the maximum extent 
feasible,’’ and inserting the following: 
‘‘(2) PROGRAM AUTHORIZATION.— 
‘‘(A) IN GENERAL.—The Secretary may carry out a pro-
gram to assist States, through grants-in-aid and other 
means, to initiate and maintain nonprofit summer food 
service programs for children in service institutions. 
‘‘(B) PREPARATION OF FOOD.— 
‘‘(i) IN
GENERAL.—To the maximum extent fea-
sible,’’; and 
(II) by striking ‘‘The Secretary shall’’ and 
inserting the following: 
‘‘(ii) INFORMATION AND TECHNICAL ASSISTANCE.— 
The Secretary shall’’; 
(ii) in paragraph (3)— 
(I) by striking ‘‘(3) Eligible service institutions’’ 
and inserting the following: 
‘‘(3) ELIGIBLE
SERVICE
INSTITUTIONS.—Eligible service 
institutions’’; and 
(II) by indenting subparagraphs (A) through 
(D) appropriately; 
(iii) in paragraph (4)— 
(I) 
by 
redesignating 
subparagraphs 
(A) 
through (D) as clauses (i) through (iv), respectively, 
and indenting appropriately; 
(II) by striking ‘‘(4) The following’’ and 
inserting the following: 
‘‘(4) PRIORITY.— 
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124 STAT. 3264 
PUBLIC LAW 111–296—DEC. 13, 2010 
‘‘(A) IN GENERAL.—The following’’; and 
(III) by striking ‘‘The Secretary and the States’’ 
and inserting the following: 
‘‘(B) RURAL
AREAS.—The Secretary and the States’’; 
(iv) by striking ‘‘(5) Camps’’ and inserting the fol-
lowing: 
‘‘(5) CAMPS.—Camps’’; and 
(v) by striking ‘‘(6) Service institutions’’ and 
inserting the following: 
‘‘(6) GOVERNMENT INSTITUTIONS.—Service institutions’’. 
(6) REPORT ON IMPACT OF PROCEDURES TO SECURE STATE 
SCHOOL INPUT ON COMMODITY SELECTION.—Section 14(d) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1762a(d)) is amended by striking the matter that follows para-
graph (5). 
(7) RURAL AREA DAY CARE HOME PILOT PROGRAM.—Section 
17 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1766) is amended by striking subsection (p). 
(8) CHILD AND ADULT CARE FOOD PROGRAM TRAINING AND 
TECHNICAL ASSISTANCE.—Section 17(q) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766(q)) is amended 
by striking paragraph (3). 
(9) PILOT PROJECT FOR PRIVATE NONPROFIT STATE AGEN-
CIES.—Section 18 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769) is amended by striking subsection 
(a). 
(10) MEAL COUNTING AND APPLICATION PILOT PROGRAMS.— 
Section 18(c) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769(c)) is amended— 
(A) by striking paragraphs (1) and (2); 
(B) by redesignating paragraphs (3) and (4) as para-
graphs (1) and (2), respectively; and 
(C) in paragraph (1) (as so redesignated), by striking 
‘‘In addition to the pilot projects described in this sub-
section, the Secretary may conduct other’’ and inserting 
‘‘The Secretary may conduct’’. 
(11) MILK FORTIFICATION PILOT.—Section 18 of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1769) is 
amended by striking subsection (d). 
(12) FREE BREAKFAST PILOT PROJECT.—Section 18 of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1769) 
is amended by striking subsection (e). 
(13) SUMMER
FOOD
SERVICE
RESIDENTIAL
CAMP
ELIGI-
BILITY.—Section 18 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769) is amended by striking subsection 
(f). 
(14) ACCOMMODATION OF THE SPECIAL DIETARY NEEDS OF 
INDIVIDUALS WITH DISABILITIES.—Section 27 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1769h) is 
repealed. 
(b) CHILD NUTRITION ACT OF 1966.— 
(1) STATE ADMINISTRATIVE EXPENSES MINIMUM LEVELS FOR 
2005 THROUGH 2007.—Section 7(a)(1) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1776(a)(1)) is amended— 
(A) in subparagraph (A), by striking ‘‘Except as pro-
vided in subparagraph (B), each fiscal year’’ and inserting 
‘‘Each fiscal year’’; 
Repeal. 
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124 STAT. 3265 
PUBLIC LAW 111–296—DEC. 13, 2010 
(B) by striking subparagraph (B); and 
(C) by redesignating subparagraph (C) as subpara-
graph (B). 
(2) FRUIT
AND
VEGETABLE
GRANTS
UNDER
THE
SPECIAL 
SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND 
CHILDREN.—Section 17(f)(11) of the Child Nutrition Act of 1966 
(42 U.S.C. 1786(f)(11)) is amended— 
(A) by striking subparagraph (C); and 
(B) by redesignating subparagraph (D) as subpara-
graph (C). 
SEC. 442. USE OF UNSPENT FUTURE FUNDS FROM THE AMERICAN 
RECOVERY AND REINVESTMENT ACT OF 2009. 
Section 101(a) of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 120) is 
amended— 
(1) in paragraph (1), by inserting before the period at 
the end ‘‘, if the value of the benefits and block grants would 
be greater under that calculation than in the absence of this 
subsection’’; and 
(2) by striking paragraph (2) and inserting the following: 
‘‘(2) TERMINATION.—The authority provided by this sub-
section shall terminate after October 31, 2013.’’. 
SEC. 443. EQUIPMENT ASSISTANCE TECHNICAL CORRECTION. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
school food authorities that received a grant for equipment assist-
ance under the grant program carried out under the heading ‘‘FOOD 
AND NUTRITION SERVICE CHILD NUTRITION PROGRAMS’’ 
in title I of division A of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111–5; 123 Stat. 119) shall be eligible 
to receive a grant under section 749(j) of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2010 (Public Law 111–80; 123 Stat. 2134). 
(b) USE OF GRANT.—A school food authority receiving a grant 
for equipment assistance described in subsection (a) may use the 
grant only to make equipment available to schools that did not 
previously receive equipment from a grant under the American 
Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 
Stat. 115). 
SEC. 444. BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the 
Congressional Record by the Chairman of the Senate Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
Grants. 
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124 STAT. 3266 
PUBLIC LAW 111–296—DEC. 13, 2010 
LEGISLATIVE HISTORY—S. 3307: 
SENATE REPORTS: No. 111–178 (Comm. on Agriculture, Nutrition, and Forestry). 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Aug. 5, considered and passed Senate. 
Dec. 1, 2, considered and passed House. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010): 
Dec. 13, Presidential remarks. 
SEC. 445. EFFECTIVE DATE. 
Except as otherwise specifically provided in this Act or any 
of the amendments made by this Act, this Act and the amendments 
made by this Act take effect on October 1, 2010. 
Approved December 13, 2010. 
42 USC 1751 
note. 
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