Version	Word Count	Changes From Previous Version	Percent Change
Placed on Calendar Senate	34,731	n/a	n/a
Engrossed in Senate	36,498	95	9%
Referred in House	36,098	5	0%
Enrolled Bill	34,746	19 Show Changes Hide Changes	0%

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S 3307 RFH

111th CONGRESS

2d Session

S. 3307

IN.3307CommentsClose CommentsPermalink

AT THE HOUSE OF REPRESENTATIVES

August 9, 2010

Referred to the Committee on Education and Labor and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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AN ACT

SECOND SESSIONCommentsClose CommentsPermalink

CommentsClose CommentsPermalink

To reauthorize child nutrition programs, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink

(a) Short Title- This Act may be cited as the ‘Healthy, Hunger-Free Kids Act of 2010’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definition of Secretary.CommentsClose CommentsPermalink

TITLE I--A PATH TO END CHILDHOOD HUNGER

Subtitle A--National School Lunch Program

Sec. 101. Improving direct certification.CommentsClose CommentsPermalink





Sec. 102. Categorical eligibility of foster children.CommentsClose CommentsPermalink





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





Sec. 104. Eliminating individual applications through community eligibility.CommentsClose CommentsPermalink





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

Subtitle B--Summer Food Service Program

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





Sec. 112. Outreach to eligible families.CommentsClose CommentsPermalink





Sec. 113. Summer food service support grants.CommentsClose CommentsPermalink

Subtitle C--Child and Adult Care Food Program

Sec. 121. Simplifying area eligibility determinations in the child and adult care food program.CommentsClose CommentsPermalink





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

Subtitle D--Special Supplemental Nutrition Program for Women, Infants, and Children

Sec. 131. Certification periods.CommentsClose CommentsPermalink

Subtitle E--Miscellaneous

Sec. 141. Childhood hunger research.CommentsClose CommentsPermalink





Sec. 142. State childhood hunger challenge grants.CommentsClose CommentsPermalink





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

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.CommentsClose CommentsPermalink





Sec. 202. Nutrition requirements for fluid milk.CommentsClose CommentsPermalink





Sec. 203. Water.CommentsClose CommentsPermalink





Sec. 204. Local school wellness policy implementation.CommentsClose CommentsPermalink





Sec. 205. Equity in school lunch pricing.CommentsClose CommentsPermalink





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





Sec. 207. Reporting and notification of school performance.CommentsClose CommentsPermalink





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





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





Sec. 210. Organic food pilot program.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





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





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

Subtitle C--Special Supplemental Nutrition Program for Women, Infants, and Children

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





Sec. 232. Review of available supplemental foods.CommentsClose CommentsPermalink

Subtitle D--Miscellaneous

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





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





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





Sec. 244. Research on strategies to promote the selection and consumption of healthy foods.CommentsClose CommentsPermalink

TITLE III--IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION PROGRAMS

Subtitle A--National School Lunch Program

Sec. 301. Privacy protection.CommentsClose CommentsPermalink





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





Sec. 303. Fines for violating program requirements.CommentsClose CommentsPermalink





Sec. 304. Independent review of applications.CommentsClose CommentsPermalink





Sec. 305. Program evaluation.CommentsClose CommentsPermalink





Sec. 306. Professional standards for school food service.CommentsClose CommentsPermalink





Sec. 307. Indirect costs.CommentsClose CommentsPermalink





Sec. 308. Ensuring safety of school meals.CommentsClose CommentsPermalink

Subtitle B--Summer Food Service Program

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





Sec. 322. Summer food service program disqualification.CommentsClose CommentsPermalink

Subtitle C--Child and Adult Care Food Program

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





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





Sec. 333. Transmission of income information by sponsored family or group day care homes.CommentsClose CommentsPermalink





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





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





Sec. 336. Reducing paperwork and improving program administration.CommentsClose CommentsPermalink





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

Subtitle D--Special Supplemental Nutrition Program for Women, Infants, and Children

Sec. 351. Sharing of materials with other programs.CommentsClose CommentsPermalink





Sec. 352. WIC program management.CommentsClose CommentsPermalink

Subtitle E--Miscellaneous

Sec. 361. Full use of Federal funds.CommentsClose CommentsPermalink





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

TITLE IV--MISCELLANEOUS

Subtitle A--Reauthorization of Expiring Provisions

PART I--Richard B. Russell National School Lunch Act

Sec. 401. Commodity support.CommentsClose CommentsPermalink





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





Sec. 403. Procurement training.CommentsClose CommentsPermalink





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





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





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





Sec. 407. Federal administrative support.CommentsClose CommentsPermalink





Sec. 408. Compliance and accountability.CommentsClose CommentsPermalink





Sec. 409. Information clearinghouse.CommentsClose CommentsPermalink

PART II--Child Nutrition Act of 1966

Sec. 421. Technology infrastructure improvement.CommentsClose CommentsPermalink





Sec. 422. State administrative expenses.CommentsClose CommentsPermalink





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





Sec. 424. Farmers market nutrition program.CommentsClose CommentsPermalink

Subtitle B--Technical Amendments

Sec. 441. Technical amendments.CommentsClose CommentsPermalink





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





Sec. 443. Equipment assistance technical correction.CommentsClose CommentsPermalink





Sec. 444. Budgetary effects.CommentsClose CommentsPermalink





Sec. 445. Effective date.CommentsClose CommentsPermalink

SEC. 2. DEFINITION OF SECRETARY.CommentsClose CommentsPermalink

In this Act, the term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink

TITLE I--A PATH TO END CHILDHOOD HUNGERCommentsClose CommentsPermalink

Subtitle A--National School Lunch ProgramCommentsClose CommentsPermalink

SEC. 101. IMPROVING DIRECT CERTIFICATION.CommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink





(1) in the paragraph heading, by striking ‘FOOD STAMP’ and inserting ‘SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) PERFORMANCE AWARDS-CommentsClose CommentsPermalink





‘(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 paragraph are certified in accordance with this paragraph.CommentsClose CommentsPermalink





‘(ii) REQUIREMENTS- For each school year described in clause (i), the Secretary shall--CommentsClose CommentsPermalink





‘(I) consider State data from the prior school year, including estimates contained in the report required under section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a); andCommentsClose CommentsPermalink





‘(II) make performance awards to not more than 15 States that demonstrate, as determined by the Secretary--CommentsClose CommentsPermalink

‘(aa) outstanding performance; andCommentsClose CommentsPermalink

‘(bb) substantial improvement.CommentsClose CommentsPermalink

‘(iii) USE OF FUNDS- A State agency that receives a performance award under clause (i)--CommentsClose CommentsPermalink





‘(I) shall treat the funds as program income; andCommentsClose CommentsPermalink





‘(II) may transfer the funds to school food authorities for use in carrying out the program.CommentsClose CommentsPermalink





‘(iv) FUNDING-CommentsClose CommentsPermalink





‘(I) IN GENERAL- On October 1, 2011, and each subsequent October 1 through October 1, 2013, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary--CommentsClose CommentsPermalink

‘(aa) $2,000,000 to carry out clause (ii)(II)(aa); andCommentsClose CommentsPermalink

‘(bb) $2,000,000 to carry out clause (ii)(II)(bb).CommentsClose CommentsPermalink

‘(II) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under subclause (I), without further appropriation.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(F) CONTINUOUS IMPROVEMENT PLANS-CommentsClose CommentsPermalink





‘(i) DEFINITION OF REQUIRED PERCENTAGE- In this subparagraph, the term ‘required percentage’ means--CommentsClose CommentsPermalink





‘(I) for the school year beginning July 1, 2011, 80 percent;CommentsClose CommentsPermalink





‘(II) for the school year beginning July 1, 2012, 90 percent; andCommentsClose CommentsPermalink





‘(III) for the school year beginning July 1, 2013, and each school year thereafter, 95 percent.CommentsClose CommentsPermalink





‘(ii) REQUIREMENTS- Each school year, the Secretary shall--CommentsClose CommentsPermalink





‘(I) identify, using data from the prior year, including estimates contained in the report required under section 4301 of the Food, Conservation, 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;CommentsClose CommentsPermalink





‘(II) require the States identified under subclause (I) to implement a continuous improvement plan to fully meet the requirements of this paragraph, which shall include a plan to improve direct certification for the following school year; andCommentsClose CommentsPermalink





‘(III) assist the States identified under subclause (I) to develop and implement a continuous improvement plan in accordance with subclause (II).CommentsClose CommentsPermalink





‘(iii) FAILURE TO MEET PERFORMANCE STANDARD-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(II) REQUIREMENTS- At a minimum, a continuous improvement plan under subclause (I) shall include--CommentsClose CommentsPermalink

‘(aa) specific measures that the State will use to identify more children who are eligible for direct certification, including improvements or modifications to technology, information systems, or databases;CommentsClose CommentsPermalink

‘(bb) a timeline for the State to implement those measures; andCommentsClose CommentsPermalink

‘(cc) goals for the State to improve direct certification results.’.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





‘(G) WITHOUT FURTHER APPLICATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In this paragraph, the term ‘without further application’ means that no action is required by the household of the child.CommentsClose CommentsPermalink





‘(ii) CLARIFICATION- A requirement that a household return a letter notifying the household of eligibility for direct certification or eligibility for free school meals does not meet the requirements of clause (i).’.CommentsClose CommentsPermalink

SEC. 102. CATEGORICAL ELIGIBILITY OF FOSTER CHILDREN.CommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink





(1) in subparagraph (C), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (D), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





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





‘(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.); orCommentsClose CommentsPermalink





‘(ii) a foster child who a court has placed with a caretaker household.’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) in clause (iv), by adding ‘)’ before the semicolon at the end;CommentsClose CommentsPermalink





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





(3) in clause (vi), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





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





‘(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.); orCommentsClose CommentsPermalink





‘(II) a foster child who a court has placed with a caretaker household.’.CommentsClose CommentsPermalink





(c) Documentation- Section 9(d)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (D), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (E), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





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





‘(F)(i) documentation has been provided to the appropriate 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.); orCommentsClose CommentsPermalink





‘(ii) documentation has been provided to the appropriate local educational agency showing the status of the child as a foster child who a court has placed with a caretaker household.’.CommentsClose CommentsPermalink

SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID BENEFITS.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





‘(15) DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID BENEFITS-CommentsClose CommentsPermalink





‘(A) DEFINITIONS- In this paragraph:CommentsClose CommentsPermalink





‘(i) ELIGIBLE CHILD- The term ‘eligible child’ means a child--CommentsClose CommentsPermalink





‘(I)(aa) who is eligible for and receiving medical assistance under the Medicaid program; andCommentsClose CommentsPermalink





‘(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 eligibility for the Medicaid program; orCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(ii) MEDICAID PROGRAM- The term ‘Medicaid program’ means the program of medical assistance established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).CommentsClose CommentsPermalink





‘(B) DEMONSTRATION PROJECT-CommentsClose CommentsPermalink





‘(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 educational agencies to determine whether direct certification of eligible children is an effective method of certifying children for free lunches and breakfasts 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)).CommentsClose CommentsPermalink





‘(ii) SCOPE OF PROJECT- The Secretary shall carry out the demonstration project under this subparagraph--CommentsClose CommentsPermalink





‘(I) for the school year beginning July 1, 2012, in selected local educational agencies that collectively serve 2.5 percent of students certified for free and reduced price meals nationwide, based on the most recent available data;CommentsClose CommentsPermalink





‘(II) for the school year beginning July 1, 2013, in selected local educational agencies that collectively serve 5 percent of students certified for free and reduced price meals nationwide, based on the most recent available data; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) PURPOSES OF THE PROJECT- At a minimum, the purposes of the demonstration project shall be--CommentsClose CommentsPermalink





‘(I) to determine the potential of direct certification with the Medicaid program to reach children who are eligible for free meals but not certified to receive the meals;CommentsClose CommentsPermalink





‘(II) to determine the potential of direct certification with the Medicaid program to directly certify children who are enrolled for free meals based on a household application; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iv) COST ESTIMATE- For each of 2 school years of the demonstration project, the Secretary shall estimate the cost of the direct certification of eligible children for free school meals through data derived from--CommentsClose CommentsPermalink





‘(I) the school meal programs authorized under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);CommentsClose CommentsPermalink





‘(II) the Medicaid program; andCommentsClose CommentsPermalink





‘(III) interviews with a statistically representative sample of households.CommentsClose CommentsPermalink





‘(C) AGREEMENT-CommentsClose CommentsPermalink





‘(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 determinations for the Medicaid program.CommentsClose CommentsPermalink





‘(ii) WITHOUT FURTHER APPLICATION- Subject to paragraph (6), the agreement described in subparagraph (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)).CommentsClose CommentsPermalink





‘(D) CERTIFICATION- For the school year beginning on July 1, 2012, and each subsequent school year, subject to paragraph (6), the local educational agencies participating 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)).CommentsClose CommentsPermalink





‘(E) SITE SELECTION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- To be eligible to participate in the demonstration project under this subsection, a State agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink





‘(ii) CONSIDERATIONS- In selecting States and local educational agencies for participation in the demonstration project, the Secretary may take into consideration such factors as the Secretary considers to be appropriate, which may include--CommentsClose CommentsPermalink





‘(I) the rate of direct certification;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(III) the income eligibility limit for the Medicaid program;CommentsClose CommentsPermalink





‘(IV) the feasibility of matching data between local educational agencies and the Medicaid program;CommentsClose CommentsPermalink





‘(V) the socioeconomic profile of the State or local educational agencies; andCommentsClose CommentsPermalink





‘(VI) the willingness of the State and local educational agencies to comply with the requirements of the demonstration project.CommentsClose CommentsPermalink





‘(F) ACCESS TO DATA- For purposes of conducting the demonstration project under this paragraph, the Secretary shall have access to--CommentsClose CommentsPermalink





‘(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 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); andCommentsClose CommentsPermalink





‘(ii) income and program participation information from public agencies administering the Medicaid program.CommentsClose CommentsPermalink





‘(G) REPORT TO CONGRESS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than October 1, 2014, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, an interim report that describes the results of the demonstration project required under this paragraph.CommentsClose CommentsPermalink





‘(ii) FINAL REPORT- Not later than October 1, 2015, the Secretary shall submit a final report to the committees described in clause (i).CommentsClose CommentsPermalink





‘(H) FUNDING-CommentsClose CommentsPermalink





‘(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 Secretary to carry out subparagraph (G) $5,000,000, to remain available until expended.CommentsClose CommentsPermalink





‘(ii) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out subparagraph (G) the funds transferred under clause (i), without further appropriation.’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) in subparagraph (E), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (F)(ii), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





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





‘(G) documentation has been provided to the appropriate local educational agency showing the status of the child as an eligible child (as defined in subsection (b)(15)(A)).’.CommentsClose CommentsPermalink





(c) Agreement for Direct Certification and Cooperation by State Medicaid Agencies-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(7) provide--CommentsClose CommentsPermalink





‘(A) safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with--CommentsClose CommentsPermalink





‘(i) the administration of the plan; andCommentsClose CommentsPermalink





‘(ii) the exchange of information necessary to certify 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; andCommentsClose CommentsPermalink





‘(B) that, notwithstanding the Express Lane option under subsection (e)(13), the State may enter into an agreement 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--CommentsClose CommentsPermalink





‘(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 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; andCommentsClose CommentsPermalink





‘(ii) the State agencies responsible for administering 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;’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 amendments 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.CommentsClose CommentsPermalink





(d) Conforming Amendments- Section 444(b)(1) of the General Education Provisions Act (20 U.S.C. 1232g(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (I), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (J)(ii), by striking the period at the end and inserting ‘; and’;CommentsClose CommentsPermalink





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





‘(K) the Secretary of Agriculture, or authorized representative 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 performance 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--CommentsClose CommentsPermalink





‘(i) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; andCommentsClose CommentsPermalink





‘(ii) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements.’.CommentsClose CommentsPermalink

SEC. 104. ELIMINATING INDIVIDUAL APPLICATIONS THROUGH COMMUNITY ELIGIBILITY.CommentsClose CommentsPermalink

(a) Universal Meal Service in High Poverty Areas-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(F) UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS-CommentsClose CommentsPermalink





‘(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 regulations).CommentsClose CommentsPermalink





‘(ii) ELECTION OF SPECIAL ASSISTANCE PAYMENTS-CommentsClose CommentsPermalink





‘(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 subparagraph in lieu of special assistance payments otherwise made available under this paragraph based on applications for free and reduced price lunches if--CommentsClose CommentsPermalink

‘(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);CommentsClose CommentsPermalink

‘(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.);CommentsClose CommentsPermalink

‘(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 regulations)); andCommentsClose CommentsPermalink

‘(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).CommentsClose CommentsPermalink

‘(II) ELECTION TO STOP RECEIVING PAYMENTS- A local educational agency may, for all schools in the district or on behalf of certain schools in the district, elect to stop receiving special 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.CommentsClose CommentsPermalink





‘(iii) FIRST YEAR OF OPTION-CommentsClose CommentsPermalink





‘(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 subparagraph, 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--CommentsClose CommentsPermalink

‘(aa) the multiplier described in clause (vii); byCommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink





‘(iv) SECOND, THIRD, OR FOURTH YEAR OF OPTION-CommentsClose CommentsPermalink





‘(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 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--CommentsClose CommentsPermalink

‘(aa) the multiplier described in clause (vii); byCommentsClose CommentsPermalink

‘(bb) the higher of the percentage of identified students at the school or local educational 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.CommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink





‘(v) GRACE YEAR-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 reimbursable meals served in an amount equal to the product obtained by multiplying--CommentsClose CommentsPermalink

‘(aa) the multiplier described in clause (vii); byCommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(vii) MULTIPLIER-CommentsClose CommentsPermalink





‘(I) PHASE-IN- For each school year beginning on or before July 1, 2013, the multiplier shall be 1.6.CommentsClose CommentsPermalink





‘(II) FULL IMPLEMENTATION- For each school year beginning on or after July 1, 2014, the Secretary may use, as determined by the Secretary--CommentsClose CommentsPermalink

‘(aa) a multiplier between 1.3 and 1.6; andCommentsClose CommentsPermalink

‘(bb) subject to item (aa), a different multiplier for different schools or local educational agencies.CommentsClose CommentsPermalink

‘(viii) THRESHOLD-CommentsClose CommentsPermalink





‘(I) PHASE-IN- For each school year beginning on or before July 1, 2013, the threshold shall be 40 percent.CommentsClose CommentsPermalink





‘(II) FULL IMPLEMENTATION- For each school year beginning on or after July 1, 2014, the Secretary may use a threshold that is less than 40 percent.CommentsClose CommentsPermalink





‘(ix) PHASE-IN-CommentsClose CommentsPermalink





‘(I) IN GENERAL- In selecting States for participation during the phase-in period, the Secretary shall select States with an adequate number and variety of schools and local educational agencies that could benefit from the option under this subparagraph, as determined by the Secretary.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink

‘(aa) for the school year beginning on July 1, 2011, 3 States; andCommentsClose CommentsPermalink

‘(bb) for each of the school years beginning July 1, 2012 and July 1, 2013, an additional 4 States per school year.CommentsClose CommentsPermalink

‘(x) ELECTION OF OPTION-CommentsClose CommentsPermalink





‘(I) IN GENERAL- For each school year beginning 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 educational agency submits to the State agency the percentage of identified students at the school or local educational agency.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink

‘(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 election;CommentsClose CommentsPermalink

‘(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);CommentsClose CommentsPermalink

‘(cc) each local educational agency in the fourth year of electing to receive special assistance 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 special 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; andCommentsClose CommentsPermalink

‘(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 educational 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.CommentsClose CommentsPermalink

‘(III) PUBLIC NOTIFICATION OF LOCAL EDUCATIONAL 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 special 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).CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink

‘(aa) a list of the schools that meet or exceed the threshold described in clause (viii);CommentsClose CommentsPermalink

‘(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); andCommentsClose CommentsPermalink

‘(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).CommentsClose CommentsPermalink

‘(xi) IMPLEMENTATION-CommentsClose CommentsPermalink





‘(I) GUIDANCE- Not later than 90 days after the date of enactment of this subparagraph, the Secretary shall issue guidance to implement this subparagraph.CommentsClose CommentsPermalink





‘(II) REGULATIONS- Not later than December 31, 2013, the Secretary shall promulgate regulations 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 subparagraph.CommentsClose CommentsPermalink





‘(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 beginning 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--CommentsClose CommentsPermalink

‘(aa) each local educational agency that may elect to receive special assistance payments under clause (ii);CommentsClose CommentsPermalink

‘(bb) the blended reimbursement rate that each local educational agency would receive; andCommentsClose CommentsPermalink

‘(cc) an explanation of the methodology used to calculate the multiplier or threshold for each school or local educational agency.CommentsClose CommentsPermalink

‘(xii) REPORT- Not later than December 31, 2013, the Secretary shall publish a report that describes--CommentsClose CommentsPermalink





‘(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 payments;CommentsClose CommentsPermalink





‘(II) for schools and local educational agencies described in subclause (I)--CommentsClose CommentsPermalink

‘(aa) barriers to participation in the special assistance option under this subparagraph, as described by the nonparticipating schools and local educational agencies; andCommentsClose CommentsPermalink

‘(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;CommentsClose CommentsPermalink

‘(III) for schools and local educational agencies that elect to receive special assistance payments under this subparagraph--CommentsClose CommentsPermalink

‘(aa) the number of schools and local educational agencies;CommentsClose CommentsPermalink

‘(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 assistance payments under this subparagraph, and a description of how the ratio between those percentages compares to 1.6;CommentsClose CommentsPermalink

‘(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; andCommentsClose CommentsPermalink

‘(dd) whether any of the schools or local educational agencies stopped electing to receive special assistance payments under this subparagraph;CommentsClose CommentsPermalink

‘(IV) the impact of electing to receive special assistance payments under this subparagraph on--CommentsClose CommentsPermalink

‘(aa) program integrity;CommentsClose CommentsPermalink

‘(bb) whether a breakfast program is offered;CommentsClose CommentsPermalink

‘(cc) the type of breakfast program offered;CommentsClose CommentsPermalink

‘(dd) the nutritional quality of school meals; andCommentsClose CommentsPermalink

‘(ee) program participation; andCommentsClose CommentsPermalink

‘(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.CommentsClose CommentsPermalink





‘(xiii) FUNDING-CommentsClose CommentsPermalink





‘(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 Secretary to carry out clause (xii) $5,000,000, to remain available until September 30, 2014.CommentsClose CommentsPermalink





‘(II) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out clause (xii) the funds transferred under subclause (I), without further appropriation.’.CommentsClose CommentsPermalink





(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)’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(g) Universal Meal Service Through Census Data-CommentsClose CommentsPermalink





‘(1) IN GENERAL- To the maximum extent practicable, the Secretary shall identify alternatives to--CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(B) the use of annual applications as the basis for eligibility to receive free meals or reduced price meals under this Act.CommentsClose CommentsPermalink





‘(2) RECOMMENDATIONS-CommentsClose CommentsPermalink





‘(A) CONSIDERATIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In identifying alternatives under paragraph (1), the Secretary shall consider the recommendations 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.CommentsClose CommentsPermalink





‘(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 authorities participating in the school lunch program under this Act.CommentsClose CommentsPermalink





‘(iii) SURVEY PARAMETERS- The Secretary shall establish requirements for the use of a socioeconomic survey under clause (ii), which shall--CommentsClose CommentsPermalink





‘(I) include criteria for survey design, sample frame validity, minimum level of statistical precision, minimum survey response rates, frequency of data collection, and other criteria as determined by the Secretary;CommentsClose CommentsPermalink





‘(II) be consistent with the Standards and Guidelines for Statistical Surveys, as published by the Office of Management and Budget;CommentsClose CommentsPermalink





‘(III) be consistent with standards and requirements that ensure proper use of Federal funds; andCommentsClose CommentsPermalink





‘(IV) specify that the socioeconomic survey be conducted at least once every 4 years.CommentsClose CommentsPermalink





‘(B) USE OF ALTERNATIVES- Alternatives described in subparagraph (A) that provide accurate and effective means of providing meal reimbursement consistent with the eligibility status of students may be--CommentsClose CommentsPermalink





‘(i) implemented for use in schools or by school food authorities that agree--CommentsClose CommentsPermalink





‘(I) to serve all breakfasts and lunches to students at no cost in accordance with regulations issued by the Secretary; andCommentsClose CommentsPermalink





‘(II) to pay, from sources other than Federal funds, the costs of serving any lunches and breakfasts 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; orCommentsClose CommentsPermalink





‘(ii) further tested through demonstration projects carried out by the Secretary in accordance with subparagraph (C).CommentsClose CommentsPermalink





‘(C) DEMONSTRATION PROJECTS-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) counting of meals provided by school lunch or breakfast programs;CommentsClose CommentsPermalink





‘(II) applications for eligibility for free or reduced priced meals; orCommentsClose CommentsPermalink





‘(III) required direct certification under section 9(b)(4).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) LIMITATION- A demonstration project carried out under this paragraph shall have a duration of not more than 3 years.CommentsClose CommentsPermalink





‘(iv) EVALUATION- The Secretary shall evaluate each demonstration project carried out under this paragraph in accordance with procedures established by the Secretary.CommentsClose CommentsPermalink





‘(v) REQUIREMENT- In carrying out evaluations under clause (iv), the Secretary shall evaluate, using comparisons with local educational agencies with similar demographic characteristics--CommentsClose CommentsPermalink





‘(I) the accuracy of the 1 or more methodologies adopted as compared to the daily counting by category of meals provided by school meal programs 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;CommentsClose CommentsPermalink





‘(II) the effect of the 1 or more methodologies adopted on participation in programs under those Acts;CommentsClose CommentsPermalink





‘(III) the effect of the 1 or more methodologies adopted on administration of programs under those Acts; andCommentsClose CommentsPermalink





‘(IV) such other matters as the Secretary determines to be appropriate.’.CommentsClose CommentsPermalink

SEC. 105. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS.CommentsClose CommentsPermalink

The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘SEC. 23. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(b) Establishment- Subject to the availability of appropriations 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 program in accordance with this section.CommentsClose CommentsPermalink





‘(c) Grants to State Educational Agencies-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) ADMINISTRATION- In carrying out this section, the Secretary shall--CommentsClose CommentsPermalink





‘(A) develop an appropriate competitive application process; andCommentsClose CommentsPermalink





‘(B) make information available to State educational agencies concerning the availability of funds under this section.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the product obtained by multiplying--CommentsClose CommentsPermalink





‘(i) the number of qualifying schools receiving subgrants or other benefits under subsection (d) for the fiscal year; andCommentsClose CommentsPermalink





‘(ii) the maximum amount of a subgrant provided to a qualifying school under subsection (d)(4)(B); orCommentsClose CommentsPermalink





‘(B) $2,000,000.CommentsClose CommentsPermalink





‘(d) Subgrants to Qualifying Schools-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A State educational agency receiving a grant under this section shall use funds made available under the grant to award subgrants to local educational agencies for a qualifying school or groups of qualifying schools to carry out activities in accordance with this section.CommentsClose CommentsPermalink





‘(2) PRIORITY- In awarding subgrants under this subsection, 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.).CommentsClose CommentsPermalink





‘(3) STATE AND DISTRICT TRAINING AND TECHNICAL SUPPORT- 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.CommentsClose CommentsPermalink





‘(4) AMOUNT; TERM-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) MAXIMUM AMOUNT- The amount of a subgrant provided by a State educational agency to a local educational agency for a qualifying school or a group of qualifying schools under this subsection shall not exceed $10,000 for each school year.CommentsClose CommentsPermalink





‘(C) MAXIMUM GRANT TERM- A local educational agency or State educational agency shall not provide subgrants to a qualifying school under this subsection for more than 2 fiscal years.CommentsClose CommentsPermalink





‘(e) Best Practices-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) PREFERENCE- In awarding subgrants under this section, a State educational agency shall give preference to local educational agencies for qualifying schools or groups of qualifying 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).CommentsClose CommentsPermalink





‘(f) Use of Funds-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A qualifying school may use a grant provided under this section--CommentsClose CommentsPermalink





‘(A) to establish, promote, or expand a school breakfast program of the qualifying school under this section, which shall include a nutritional education component;CommentsClose CommentsPermalink





‘(B) to extend the period during which school breakfast is available at the qualifying school;CommentsClose CommentsPermalink





‘(C) to provide school breakfast to students of the qualifying school during the school day; orCommentsClose CommentsPermalink





‘(D) for other appropriate purposes, as determined by the Secretary.CommentsClose CommentsPermalink





‘(2) REQUIREMENT- Each activity of a qualifying school under this subsection shall be carried out in accordance with applicable nutritional guidelines and regulations issued by the Secretary.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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 qualified schools based on estimated administrative savings and economies of scale; andCommentsClose CommentsPermalink





‘(2) submit the results of the evaluation to the State educational agency.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

Subtitle B--Summer Food Service ProgramCommentsClose CommentsPermalink

SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC AND PRIVATE SPONSORS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(7) PRIVATE NONPROFIT ORGANIZATIONS-CommentsClose CommentsPermalink





‘(A) DEFINITION OF PRIVATE NONPROFIT ORGANIZATION- In this paragraph, the term ‘private nonprofit organization’ means an organization that--CommentsClose CommentsPermalink





‘(i) exercises full control and authority over the operation of the program at all sites under the sponsorship of the organization;CommentsClose CommentsPermalink





‘(ii) provides ongoing year-round activities for children or families;CommentsClose CommentsPermalink





‘(iii) demonstrates that the organization has adequate management and the fiscal capacity to operate a program under this section;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(v) meets applicable State and local health, safety, and sanitation standards.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 112. OUTREACH TO ELIGIBLE FAMILIES.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(11) OUTREACH TO ELIGIBLE FAMILIES-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) the availability and location of summer food service program meals; andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) INCLUSIONS- Informational activities carried out under subparagraph (A) may include--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 program under this Act, the 2 State agencies shall work cooperatively to implement this paragraph.’.CommentsClose CommentsPermalink

SEC. 113. SUMMER FOOD SERVICE SUPPORT GRANTS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(12) SUMMER FOOD SERVICE SUPPORT GRANTS-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) technical assistance;CommentsClose CommentsPermalink





‘(ii) assistance with site improvement costs; orCommentsClose CommentsPermalink





‘(iii) other innovative activities that improve and encourage sponsor retention.CommentsClose CommentsPermalink





‘(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, and containing such information as the Secretary may require.CommentsClose CommentsPermalink





‘(C) PRIORITY- In making grants under this paragraph, the Secretary shall give priority to--CommentsClose CommentsPermalink





‘(i) applications from States with significant low-income child populations; andCommentsClose CommentsPermalink





‘(ii) State plans that demonstrate innovative approaches to retain and support summer food service programs after the expiration of the start-up funding grants.CommentsClose CommentsPermalink





‘(D) USE OF FUNDS- A State and eligible service institution may use funds made available under this paragraph to pay for such costs as the Secretary determines are necessary to establish and maintain summer food service programs.CommentsClose CommentsPermalink





‘(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 Secretary.CommentsClose CommentsPermalink





‘(F) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this paragraph $20,000,000 for fiscal years 2011 through 2015.’.CommentsClose CommentsPermalink

Subtitle C--Child and Adult Care Food ProgramCommentsClose CommentsPermalink

SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINATIONS IN THE CHILD AND ADULT CARE FOOD PROGRAM.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 122. EXPANSION OF AFTERSCHOOL MEALS FOR AT-RISK CHILDREN.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(5) LIMITATION- An institution participating in the program under this subsection may not claim reimbursement for meals and snacks that are served under section 18(h) on the same day.CommentsClose CommentsPermalink





‘(6) HANDBOOK-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) issue guidelines for afterschool meals for at-risk school children; andCommentsClose CommentsPermalink





‘(ii) publish a handbook reflecting those guidelines.CommentsClose CommentsPermalink





‘(B) REVIEW- Each year after the issuance of guidelines under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink





‘(i) review the guidelines; andCommentsClose CommentsPermalink





‘(ii) issue a revised handbook reflecting changes made to the guidelines.’.CommentsClose CommentsPermalink

Subtitle D--Special Supplemental Nutrition Program for Women, Infants, and ChildrenCommentsClose CommentsPermalink

SEC. 131. CERTIFICATION PERIODS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

Subtitle E--MiscellaneousCommentsClose CommentsPermalink

SEC. 141. CHILDHOOD HUNGER RESEARCH.CommentsClose CommentsPermalink

The Richard B. Russell National School Lunch Act is amended by inserting after section 22 (42 U.S.C. 1769c) the following:CommentsClose CommentsPermalink





‘SEC. 23. CHILDHOOD HUNGER RESEARCH.CommentsClose CommentsPermalink





‘(a) Research on Causes and Consequences of Childhood Hunger-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall conduct research on--CommentsClose CommentsPermalink





‘(A) the causes of childhood hunger and food insecurity;CommentsClose CommentsPermalink





‘(B) the characteristics of households with childhood hunger and food insecurity; andCommentsClose CommentsPermalink





‘(C) the consequences of childhood hunger and food insecurity.CommentsClose CommentsPermalink





‘(2) AUTHORITY- In carrying out research under paragraph (1), the Secretary may--CommentsClose CommentsPermalink





‘(A) enter into competitively awarded contracts or cooperative agreements; orCommentsClose CommentsPermalink





‘(B) provide grants to States or public or private agencies or organizations, as determined by the Secretary.CommentsClose CommentsPermalink





‘(3) APPLICATION- To be eligible to enter into a contract or cooperative agreement or receive a grant under this subsection, 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 shall require.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) economic, health, social, cultural, demographic, and other factors that contribute to childhood hunger or food insecurity;CommentsClose CommentsPermalink





‘(B) the geographic distribution of childhood hunger and food insecurity;CommentsClose CommentsPermalink





‘(C) the extent to which--CommentsClose CommentsPermalink





‘(i) existing Federal assistance programs, including the Internal Revenue Code of 1986, reduce childhood hunger and food insecurity; andCommentsClose CommentsPermalink





‘(ii) childhood hunger and food insecurity persist due to--CommentsClose CommentsPermalink





‘(I) gaps in program coverage;CommentsClose CommentsPermalink





‘(II) the inability of potential participants to access programs; orCommentsClose CommentsPermalink





‘(III) the insufficiency of program benefits or services;CommentsClose CommentsPermalink





‘(D) the public health and medical costs of childhood hunger and food insecurity;CommentsClose CommentsPermalink





‘(E) an estimate of the degree to which the Census Bureau measure of food insecurity underestimates childhood hunger and food insecurity because the Census Bureau excludes certain households, such as homeless, or other factors;CommentsClose CommentsPermalink





‘(F) the effects of childhood hunger on child development, well-being, and educational attainment; andCommentsClose CommentsPermalink





‘(G) such other critical outcomes as are determined by the Secretary.CommentsClose CommentsPermalink





‘(5) FUNDING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- On October 1, 2012, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $10,000,000, to remain available until expended.CommentsClose CommentsPermalink





‘(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 subparagraph (A), without further appropriation.CommentsClose CommentsPermalink





‘(b) Demonstration Projects To End Childhood Hunger-CommentsClose CommentsPermalink





‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





‘(A) CHILD- The term ‘child’ means a person under the age of 18.CommentsClose CommentsPermalink





‘(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.).CommentsClose CommentsPermalink





‘(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 elimination of childhood hunger and food insecurity.CommentsClose CommentsPermalink





‘(3) PROJECTS- Demonstration projects carried out under this subsection may include projects that--CommentsClose CommentsPermalink





‘(A) enhance benefits provided under the supplemental nutrition assistance program for eligible households with children;CommentsClose CommentsPermalink





‘(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.); andCommentsClose CommentsPermalink





‘(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 authority establishing those assistance programs and services.CommentsClose CommentsPermalink





‘(4) GRANTS-CommentsClose CommentsPermalink





‘(A) DEMONSTRATION PROJECTS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) SELECTION CRITERIA- Demonstration projects shall be selected based on publicly disseminated criteria that may include--CommentsClose CommentsPermalink





‘(i) an identification of a low-income target group that reflects individuals experiencing hunger or food insecurity;CommentsClose CommentsPermalink





‘(ii) a commitment to a demonstration project that allows for a rigorous outcome evaluation as described in paragraph (6);CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iv) such other criteria as are determined by the Secretary.CommentsClose CommentsPermalink





‘(5) CONSULTATION- In determining the range of projects and defining selection criteria under this subsection, the Secretary shall consult with--CommentsClose CommentsPermalink





‘(A) the Secretary of Health and Human Services;CommentsClose CommentsPermalink





‘(B) the Secretary of Labor; andCommentsClose CommentsPermalink





‘(C) the Secretary of Housing and Urban Development.CommentsClose CommentsPermalink





‘(6) EVALUATION AND REPORTING-CommentsClose CommentsPermalink





‘(A) INDEPENDENT EVALUATION- The Secretary shall provide for an independent evaluation of each demonstration project carried out under this subsection that--CommentsClose CommentsPermalink





‘(i) measures the impact of each demonstration project on appropriate participation, food security, nutrition, and associated behavioral outcomes among participating households; andCommentsClose CommentsPermalink





‘(ii) uses rigorous experimental designs and methodologies, 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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) the status of each demonstration project; andCommentsClose CommentsPermalink





‘(II) the results of any evaluations of the demonstration projects completed during the previous fiscal year; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(7) FUNDING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- On October 1, 2012, 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 $40,000,000, to remain available until September 30, 2017.CommentsClose CommentsPermalink





‘(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 subparagraph (A), without further appropriation.CommentsClose CommentsPermalink





‘(C) USE OF FUNDS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Funds made available under subparagraph (A) may be used to carry out this subsection, including to pay Federal costs associated with developing, soliciting, awarding, monitoring, evaluating, and disseminating the results of each demonstration project under this subsection.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) describes the manner in which Federal nutrition programs can help to overcome child hunger nutrition problems on Indian reservations; andCommentsClose CommentsPermalink





‘(II) contains proposed administrative and legislative recommendations to strengthen and streamline all relevant Department of Agriculture nutrition programs to reduce childhood hunger, obesity, and type 2 diabetes on Indian reservations.CommentsClose CommentsPermalink





‘(D) LIMITATIONS-CommentsClose CommentsPermalink





‘(i) DURATION- No project may be funded under this subsection for more than 5 years.CommentsClose CommentsPermalink





‘(ii) PROJECT REQUIREMENTS- No project that makes use of, alters, or coordinates with the supplemental nutrition assistance program may be funded under this subsection 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)).CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(iv) OTHER BENEFITS- Funds made available under this subsection may not be used for any project in a manner that is inconsistent with--CommentsClose CommentsPermalink





‘(I) this Act;CommentsClose CommentsPermalink





‘(II) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);CommentsClose CommentsPermalink





‘(III) the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); orCommentsClose CommentsPermalink





‘(IV) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.).’.CommentsClose CommentsPermalink

SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘SEC. 24. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.CommentsClose CommentsPermalink





‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) CHILD- The term ‘child’ means a person under the age of 18.CommentsClose CommentsPermalink





‘(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.).CommentsClose CommentsPermalink





‘(b) Purpose- Under such terms and conditions as are established by the Secretary, funds made available under this section may be used to competitively award grants to or enter into cooperative 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.CommentsClose CommentsPermalink





‘(c) Projects- State demonstration projects carried out under this section may include projects that--CommentsClose CommentsPermalink





‘(1) enhance benefits provided under the supplemental nutrition assistance program for eligible households with children;CommentsClose CommentsPermalink





‘(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.);CommentsClose CommentsPermalink





‘(3) target Federal, State, or local assistance, including emergency housing, family preservation services, child care, 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;CommentsClose CommentsPermalink





‘(4) enhance outreach to increase access and participation in Federal nutrition assistance programs; andCommentsClose CommentsPermalink





‘(5) improve the coordination of Federal, State, and community resources and services aimed at preventing food insecurity and hunger, including through the establishment and expansion of State food policy councils.CommentsClose CommentsPermalink





‘(d) Grants-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In carrying out this section, the Secretary may competitively award grants or enter into competitively awarded cooperative agreements with Governors for use in accordance with demonstration projects that meet the purposes of this section.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) SELECTION CRITERIA- The Secretary shall evaluate proposals based on publicly disseminated criteria that may include--CommentsClose CommentsPermalink





‘(A) an identification of a low-income target group that reflects individuals experiencing hunger or food insecurity;CommentsClose CommentsPermalink





‘(B) a commitment to approaches that allow for a rigorous outcome evaluation as described in subsection (f);CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(D) such other criteria as are determined by the Secretary.CommentsClose CommentsPermalink





‘(4) REQUIREMENTS- Any project funded under this section shall provide for--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) a collaborative planning process including key stakeholders in the State that results in a comprehensive agenda to eliminate childhood hunger that is--CommentsClose CommentsPermalink





‘(i) described in a detailed project plan; andCommentsClose CommentsPermalink





‘(ii) provided to the Secretary for approval;CommentsClose CommentsPermalink





‘(C) an annual budget;CommentsClose CommentsPermalink





‘(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 Governor; andCommentsClose CommentsPermalink





‘(E) an independent outcome evaluation of not less than 1 major strategy of the project that measures--CommentsClose CommentsPermalink





‘(i) the specific impact of the strategy on food insecurity among children in the State; andCommentsClose CommentsPermalink





‘(ii) if applicable, the nutrition assistance participation rate among children in the State.CommentsClose CommentsPermalink





‘(e) Consultation- In determining the range of projects and defining selection criteria under this section, the Secretary shall consult with--CommentsClose CommentsPermalink





‘(1) the Secretary of Health and Human Services;CommentsClose CommentsPermalink





‘(2) the Secretary of Labor;CommentsClose CommentsPermalink





‘(3) the Secretary of Education; andCommentsClose CommentsPermalink





‘(4) the Secretary of Housing and Urban Development.CommentsClose CommentsPermalink





‘(f) Evaluation and Reporting-CommentsClose CommentsPermalink





‘(1) GENERAL PERFORMANCE ASSESSMENT- Each project authorized under this section shall require an independent assessment that--CommentsClose CommentsPermalink





‘(A) measures the impact of any activities carried out under the project on the level of food insecurity in the State that--CommentsClose CommentsPermalink





‘(i) focuses particularly on the level of food insecurity among children in the State; andCommentsClose CommentsPermalink





‘(ii) includes a preimplementation baseline and annual measurements taken during the project of the level of food insecurity in the State; andCommentsClose CommentsPermalink





‘(B) is carried out using a methodology prescribed by the Secretary.CommentsClose CommentsPermalink





‘(2) INDEPENDENT EVALUATION- Each project authorized under this section shall provide for an independent evaluation of not less than 1 major strategy that--CommentsClose CommentsPermalink





‘(A) measures the impact of the strategy on appropriate participation, food security, nutrition, and associated behavioral outcomes among participating households; andCommentsClose CommentsPermalink





‘(B) uses rigorous experimental designs and methodologies, 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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) 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--CommentsClose CommentsPermalink





‘(i) the status of each State demonstration project; andCommentsClose CommentsPermalink





‘(ii) the results of any evaluations of the demonstration projects completed during the previous fiscal year; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(g) Authorization of Appropriations-CommentsClose CommentsPermalink





‘(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 2014, to remain available until expended.CommentsClose CommentsPermalink





‘(2) USE OF FUNDS- Funds made available under paragraph (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.CommentsClose CommentsPermalink





‘(3) LIMITATIONS-CommentsClose CommentsPermalink





‘(A) DURATION- No project may be funded under this section for more than 5 years.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) ALTERING NUTRITION ASSISTANCE PROGRAM REQUIREMENTS- No project that makes use of, alters, or coordinates with the supplemental nutrition assistance program 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)).CommentsClose CommentsPermalink





‘(D) OTHER BENEFITS- Funds made available under this section may not be used for any project in a manner that is inconsistent with--CommentsClose CommentsPermalink





‘(i) this Act;CommentsClose CommentsPermalink





‘(ii) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);CommentsClose CommentsPermalink





‘(iii) the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); orCommentsClose CommentsPermalink





‘(iv) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.).’.CommentsClose CommentsPermalink

SEC. 143. REVIEW OF LOCAL POLICIES ON MEAL CHARGES AND PROVISION OF ALTERNATE MEALS.CommentsClose CommentsPermalink

(a) In General-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) FEASIBILITY- In carrying out the examination under paragraph (1), the Secretary shall--CommentsClose CommentsPermalink





(A) prepare a report on the feasibility of establishing national standards for meal charges and the provision of alternate meals; andCommentsClose CommentsPermalink





(B) provide recommendations for implementing those standards.CommentsClose CommentsPermalink





(b) Followup Actions-CommentsClose CommentsPermalink





(1) IN GENERAL- Based on the findings and recommendations under subsection (a), the Secretary may--CommentsClose CommentsPermalink





(A) implement standards described in paragraph (3) of that subsection through regulation;CommentsClose CommentsPermalink





(B) test recommendations through demonstration projects; orCommentsClose CommentsPermalink





(C) study further the feasibility of recommendations.CommentsClose CommentsPermalink





(2) FACTORS FOR CONSIDERATION- In determining how best to implement recommendations described in subsection (a)(3), the Secretary shall consider such factors as--CommentsClose CommentsPermalink





(A) the impact of overt identification on children;CommentsClose CommentsPermalink





(B) the manner in which the affected households will be provided with assistance in establishing eligibility for free or reduced price school meals; andCommentsClose CommentsPermalink





(C) the potential financial impact on local educational agencies.CommentsClose CommentsPermalink

TITLE II--REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS OF CHILDRENCommentsClose CommentsPermalink

Subtitle A--National School Lunch ProgramCommentsClose CommentsPermalink

SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE INCREASES FOR NEW MEAL PATTERNS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(3) ADDITIONAL REIMBURSEMENT-CommentsClose CommentsPermalink





‘(A) REGULATIONS-CommentsClose CommentsPermalink





‘(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 recommendations made by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences.CommentsClose CommentsPermalink





‘(ii) INTERIM OR FINAL REGULATIONS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(II) DATE OF REQUIRED COMPLIANCE- The Secretary shall establish in the interim or final regulations a date by which all school food authorities participating in the school lunch program authorized under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) are required to comply with the meal pattern and nutrition standards established in the interim or final regulations.CommentsClose CommentsPermalink





‘(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 Forestry of the Senate a quarterly report on progress made toward promulgation of the regulations described in this subparagraph.CommentsClose CommentsPermalink





‘(B) PERFORMANCE-BASED REIMBURSEMENT RATE INCREASE- Beginning on the later of the date of promulgation of the implementing regulations described in subparagraph (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 authorities determined to be eligible under subparagraph (D).CommentsClose CommentsPermalink





‘(C) ADDITIONAL REIMBURSEMENT-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Each lunch served in school food authorities determined to be eligible under subparagraph (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.CommentsClose CommentsPermalink





‘(ii) DISBURSEMENT- The State agency shall disburse funds made available under this paragraph to school food authorities eligible to receive additional reimbursement.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(F) ADMINISTRATIVE COSTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subject to clauses (ii) and (iii), the Secretary shall make funds available to States for State activities related to training, technical assistance, certification, and oversight activities of this paragraph.CommentsClose CommentsPermalink





‘(ii) PROVISION OF FUNDS- The Secretary shall provide funds described in clause (i) to States administering a school lunch program in a manner proportional to the administrative expense allocation of each State during the preceding fiscal year.CommentsClose CommentsPermalink





‘(iii) FUNDING-CommentsClose CommentsPermalink





‘(I) IN GENERAL- In the later of the fiscal year in which the implementing regulations described in subparagraph (A)(ii) are promulgated 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).CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(i) shall offer students a variety of fluid milk. Such milk shall be consistent with 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);’.CommentsClose CommentsPermalink

SEC. 203. WATER.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(5) WATER- Schools participating in the school lunch program under this Act shall make available to children free of charge, as nutritionally appropriate, potable water for consumption in the place where meals are served during meal service.’.CommentsClose CommentsPermalink

SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTATION.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





‘SEC. 9A. LOCAL SCHOOL WELLNESS POLICY.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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,--CommentsClose CommentsPermalink





‘(1) goals for nutrition promotion and education, physical activity, and other school-based activities that promote student wellness;CommentsClose CommentsPermalink





‘(2) for all foods available on each school campus under the jurisdiction of the local educational agency during the school day, nutrition guidelines that--CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(B) promote student health and reduce childhood obesity;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(5) a requirement that the local educational agency--CommentsClose CommentsPermalink





‘(A) periodically measure and make available to the public an assessment on the implementation of the local school wellness policy, including--CommentsClose CommentsPermalink





‘(i) the extent to which schools under the jurisdiction of the local educational agency are in compliance with the local school wellness policy;CommentsClose CommentsPermalink





‘(ii) the extent to which the local school wellness policy of the local educational agency compares to model local school wellness policies; andCommentsClose CommentsPermalink





‘(iii) a description of the progress made in attaining the goals of the local school wellness policy; andCommentsClose CommentsPermalink





‘(B) designate 1 or more local educational agency officials or school officials, as appropriate, to ensure that each school complies with the local school wellness policy.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Technical Assistance and Best Practices-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) CONTENT- The Secretary shall provide technical assistance that--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) includes model local school wellness policies and best practices recommended by Federal agencies, State agencies, and nongovernmental organizations;CommentsClose CommentsPermalink





‘(C) includes such other technical assistance as is required to promote sound nutrition and establish healthy school nutrition environments; andCommentsClose CommentsPermalink





‘(D) is consistent with the specific needs and requirements of local educational agencies.CommentsClose CommentsPermalink





‘(3) STUDY AND REPORT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to the availability of appropriations, the Secretary, in conjunction with the Director of the Centers for Disease Control and Prevention, shall prepare a report on the implementation, strength, and effectiveness of the local school wellness policies carried out in accordance with this section.CommentsClose CommentsPermalink





‘(B) STUDY OF LOCAL SCHOOL WELLNESS POLICIES- The study described in subparagraph (A) shall include----CommentsClose CommentsPermalink





‘(i) an analysis of the strength and weaknesses of local school wellness policies and how the policies compare with model local wellness policies recommended under paragraph (2)(B); andCommentsClose CommentsPermalink





‘(ii) an assessment of the impact of the local school wellness policies in addressing the requirements of subsection (b).CommentsClose CommentsPermalink





‘(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 Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the findings of the study.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 205. EQUITY IN SCHOOL LUNCH PRICING.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(p) Price for a Paid Lunch-CommentsClose CommentsPermalink





‘(1) DEFINITION OF PAID LUNCH- In this subsection, the term ‘paid lunch’ means a reimbursable lunch served to students who are not certified to receive free or reduced price meals.CommentsClose CommentsPermalink





‘(2) REQUIREMENT-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) LOWER PRICE-CommentsClose CommentsPermalink





‘(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 establish 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--CommentsClose CommentsPermalink





‘(I) 2 percent; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) ROUNDING- A school food authority may round the adjusted price for a paid lunch under clause (i) down to the nearest 5 cents.CommentsClose CommentsPermalink





‘(iii) MAXIMUM REQUIRED PRICE INCREASE-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The maximum annual average price increase required to meet the requirements of this subparagraph shall not exceed 10 cents for any school food authority.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) EQUAL OR GREATER PRICE-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) ROUNDING- A school food authority may round the adjusted price for a paid lunch under clause (i) down to the nearest 5 cents.CommentsClose CommentsPermalink





‘(3) EXCEPTIONS-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) the average price required of the school food authority for the paid lunches under paragraph (2); andCommentsClose CommentsPermalink





‘(ii) the average price charged by the school food authority for the paid lunches.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(C) OTHER PROGRAMS- This subsection shall not apply to lunches provided under section 17 of this Act.CommentsClose CommentsPermalink





‘(4) REGULATIONS- The Secretary shall establish procedures 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.’.CommentsClose CommentsPermalink

SEC. 206. REVENUE FROM NONPROGRAM FOODS SOLD IN SCHOOLS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(q) Nonprogram Food Sales-CommentsClose CommentsPermalink





‘(1) DEFINITION OF NONPROGRAM FOOD- In this subsection:CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘nonprogram food’ means food that is--CommentsClose CommentsPermalink





‘(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.); andCommentsClose CommentsPermalink





‘(ii) purchased using funds from the nonprofit school food service account of the school food authority of the school.CommentsClose CommentsPermalink





‘(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.).CommentsClose CommentsPermalink





‘(2) REVENUES-CommentsClose CommentsPermalink





‘(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 nonprogram foods from the account.CommentsClose CommentsPermalink





‘(B) ACCRUAL- All revenue from the sale of nonprogram foods shall accrue to the nonprofit school food service account of a participating school food authority.CommentsClose CommentsPermalink





‘(C) EFFECTIVE DATE- This subsection shall be effective beginning on July 1, 2011.’.CommentsClose CommentsPermalink

SEC. 207. REPORTING AND NOTIFICATION OF SCHOOL PERFORMANCE.CommentsClose CommentsPermalink

Section 22 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769c) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) Unified Accountability System-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There shall be a unified system prescribed and administered by the Secretary to ensure that local food service authorities participating in the school lunch program established under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) comply with those Acts, including compliance with--CommentsClose CommentsPermalink





‘(A) the nutritional requirements of section 9(f) of this Act for school lunches; andCommentsClose CommentsPermalink





‘(B) as applicable, the nutritional requirements for school breakfasts under section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).’; andCommentsClose CommentsPermalink





(2) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following:CommentsClose CommentsPermalink





‘(A) require that local food service authorities comply with the nutritional requirements described in subparagraphs (A) and (B) of paragraph (1);CommentsClose CommentsPermalink





‘(B) to the maximum extent practicable, ensure compliance through reasonable audits and supervisory assistance reviews;CommentsClose CommentsPermalink





‘(C) in conducting audits and reviews for the purpose of determining compliance with this Act, including the nutritional requirements of section 9(f)--CommentsClose CommentsPermalink





‘(i) conduct audits and reviews during a 3-year cycle or other period prescribed by the Secretary;CommentsClose CommentsPermalink





‘(ii) select schools for review in each local educational agency using criteria established by the Secretary;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iv) submit to the Secretary each year a report containing the results of the reviews in accordance with procedures developed by the Secretary; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 208. NUTRITION STANDARDS FOR ALL FOODS SOLD IN SCHOOL.CommentsClose CommentsPermalink

Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is amended--CommentsClose CommentsPermalink





(1) by striking the section heading and all that follows through ‘(a) The Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘SEC. 10. REGULATIONS.CommentsClose CommentsPermalink





‘(a) In General- The Secretary’; andCommentsClose CommentsPermalink





(2) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) National School Nutrition Standards-CommentsClose CommentsPermalink





‘(1) PROPOSED REGULATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





‘(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.); andCommentsClose CommentsPermalink





‘(ii) not later than 1 year after the date of enactment of this paragraph, promulgate proposed regulations to carry out clause (i).CommentsClose CommentsPermalink





‘(B) APPLICATION- The nutrition standards shall apply to all foods sold--CommentsClose CommentsPermalink





‘(i) outside the school meal programs;CommentsClose CommentsPermalink





‘(ii) on the school campus; andCommentsClose CommentsPermalink





‘(iii) at any time during the school day.CommentsClose CommentsPermalink





‘(C) REQUIREMENTS- In establishing nutrition standards under this paragraph, the Secretary shall--CommentsClose CommentsPermalink





‘(i) establish standards that are consistent with 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 the food groups to encourage and nutrients of concern identified in the Dietary Guidelines; andCommentsClose CommentsPermalink





‘(ii) consider--CommentsClose CommentsPermalink





‘(I) authoritative scientific recommendations for nutrition standards;CommentsClose CommentsPermalink





‘(II) existing school nutrition standards, including voluntary standards for beverages and snack foods and State and local standards;CommentsClose CommentsPermalink





‘(III) the practical application of the nutrition standards; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(D) UPDATING STANDARDS- As soon as practicable after the date of publication by the Department of Agriculture and the Department of Health and Human Services of a new edition 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.CommentsClose CommentsPermalink





‘(2) IMPLEMENTATION-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 regulations under this subsection.’.CommentsClose CommentsPermalink

SEC. 209. INFORMATION FOR THE PUBLIC ON THE SCHOOL NUTRITION ENVIRONMENT.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(k) Information on the School Nutrition Environment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





‘(A) establish requirements for local educational agencies 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 environment, 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; andCommentsClose CommentsPermalink





‘(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 Secretary.CommentsClose CommentsPermalink





‘(2) REQUIREMENTS- In establishing the requirements for reporting on the school nutrition environment under paragraph (1), the Secretary shall--CommentsClose CommentsPermalink





‘(A) include information pertaining to food safety inspections, local wellness policies, meal program participation, the nutritional quality of program meals, and other information as determined by the Secretary; andCommentsClose CommentsPermalink





‘(B) ensure that information is made available to the public by local educational agencies in an accessible, easily understood manner in accordance with guidelines established by the Secretary.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 210. ORGANIC FOOD PILOT PROGRAM.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(j) Organic Food Pilot Program-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) USE OF FUNDS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall use funds provided under this section--CommentsClose CommentsPermalink





‘(i) to enter into competitively awarded contracts or cooperative agreements with school food authorities selected under paragraph (3); orCommentsClose CommentsPermalink





‘(ii) to make grants to school food authority applicants selected under paragraph (3).CommentsClose CommentsPermalink





‘(B) SCHOOL FOOD AUTHORITY USES OF FUNDS- A school food authority that receives a grant under this section 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.CommentsClose CommentsPermalink





‘(3) APPLICATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A school food authority seeking a contract, grant, or cooperative agreement under this subsection shall submit to the Secretary an application in such form, containing such information, and at such time as the Secretary shall prescribe.CommentsClose CommentsPermalink





‘(B) CRITERIA- In selecting contract, grant, or cooperative agreement recipients, the Secretary shall consider--CommentsClose CommentsPermalink





‘(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 section)) 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;CommentsClose CommentsPermalink





‘(ii) the commitment of each school food authority applicant--CommentsClose CommentsPermalink





‘(I) to improve the nutritional value of school meals;CommentsClose CommentsPermalink





‘(II) to carry out innovative programs that improve the health and wellness of schoolchildren; andCommentsClose CommentsPermalink





‘(III) to evaluate the outcome of the pilot program; andCommentsClose CommentsPermalink





‘(iii) any other criteria the Secretary determines to be appropriate.CommentsClose CommentsPermalink





‘(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection $10,000,000 for fiscal years 2011 through 2015.’.CommentsClose CommentsPermalink

Subtitle B--Child and Adult Care Food ProgramCommentsClose CommentsPermalink

SEC. 221. NUTRITION AND WELLNESS GOALS FOR MEALS SERVED THROUGH THE CHILD AND ADULT CARE FOOD PROGRAM.CommentsClose CommentsPermalink

Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘(a) Grant Authority’ and all that follows through the end of paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(a) Program Purpose, Grant Authority and Institution Eligibility-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) PROGRAM PURPOSE-CommentsClose CommentsPermalink





‘(i) FINDINGS- Congress finds that--CommentsClose CommentsPermalink





‘(I) eating habits and other wellness-related behavior habits are established early in life; andCommentsClose CommentsPermalink





‘(II) good nutrition and wellness are important contributors to the overall health of young children and essential to cognitive development.CommentsClose CommentsPermalink





‘(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 disabled persons.CommentsClose CommentsPermalink





‘(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 programs for children in institutions providing child care.’;CommentsClose CommentsPermalink





(2) by striking subsection (g) and inserting the following:CommentsClose CommentsPermalink





‘(g) Nutritional Requirements for Meals and Snacks Served in Institutions and Family or Group Day Care Homes-CommentsClose CommentsPermalink





‘(1) DEFINITION OF DIETARY GUIDELINES- In this subsection, the term ‘Dietary Guidelines’ means the Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).CommentsClose CommentsPermalink





‘(2) NUTRITIONAL REQUIREMENTS-CommentsClose CommentsPermalink





‘(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 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.CommentsClose CommentsPermalink





‘(B) CONFORMITY WITH THE DIETARY GUIDELINES AND AUTHORITATIVE SCIENCE-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) are consistent with the goals of the most recent Dietary Guidelines; andCommentsClose CommentsPermalink





‘(II) promote the health of the population served by the program authorized under this section, as indicated by the most recent relevant nutrition science and appropriate authoritative scientific agency and organization recommendations.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) REGULATIONS- Not later than 18 months after the completion of the review of the meal pattern under clause (i), the Secretary shall promulgate proposed regulations to update the meal patterns for meals and snacks served under the program under this section.CommentsClose CommentsPermalink





‘(C) EXCEPTIONS-CommentsClose CommentsPermalink





‘(i) SPECIAL DIETARY NEEDS- The minimum nutritional 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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(4) FLUID MILK-CommentsClose CommentsPermalink





‘(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 institution, family or group day care home, or sponsored center shall provide the milk in accordance with the most recent version of the Dietary Guidelines.CommentsClose CommentsPermalink





‘(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 for the fluid milk required in meals served, a nondairy beverage that--CommentsClose CommentsPermalink





‘(i) is nutritionally equivalent to fluid milk; andCommentsClose CommentsPermalink





‘(ii) meets nutritional standards established by the Secretary, including, among other requirements established by the Secretary, fortification of calcium, protein, vitamin A, and vitamin D to levels found in cow’s milk.CommentsClose CommentsPermalink





‘(C) APPROVAL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- A substitution authorized under subparagraph (B) may be made--CommentsClose CommentsPermalink





‘(I) at the discretion of and on approval by the participating day care institution; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 beverages the State has identified as acceptable substitutes.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) are incurred by the institution, family or group day care home, or sponsored center to provide substitutions under this paragraph; andCommentsClose CommentsPermalink





‘(ii) are in excess of expenses covered under reimbursements under this Act.CommentsClose CommentsPermalink





‘(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 published lists of names, or other means.CommentsClose CommentsPermalink





‘(6) USE OF ABUNDANT AND DONATED FOODS- To the maximum extent practicable, each institution shall use in its food service foods that are--CommentsClose CommentsPermalink





‘(A) designated from time to time by the Secretary as being in abundance, either nationally or in the food service area; orCommentsClose CommentsPermalink





‘(B) donated by the Secretary.’;CommentsClose CommentsPermalink





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





‘(u) Promoting Health and Wellness in Child Care-CommentsClose CommentsPermalink





‘(1) PHYSICAL ACTIVITY AND ELECTRONIC MEDIA USE- The Secretary shall encourage participating child care centers and family or group day care homes--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(B) to limit among children under the supervision of the participating child care centers and family or group day care homes the use of electronic media to an appropriate level.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) TECHNICAL ASSISTANCE AND GUIDANCE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall provide technical 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 recommendations prescribed by the Secretary in accordance with this subsection and subsection (g).CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) include foods that are recommended for increased serving consumption in amounts recommended 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; andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(C) NUTRITION- Technical assistance relating to the nutritional requirements of this subsection and subsection (g) shall include--CommentsClose CommentsPermalink





‘(i) nutrition education, including education that emphasizes the relationship between nutrition, physical activity, and health;CommentsClose CommentsPermalink





‘(ii) menu planning;CommentsClose CommentsPermalink





‘(iii) interpretation of nutrition labels; andCommentsClose CommentsPermalink





‘(iv) food preparation and purchasing guidance to produce meals and snacks that are--CommentsClose CommentsPermalink





‘(I) consistent with the goals of the most recent Dietary Guidelines; andCommentsClose CommentsPermalink





‘(II) promote the health of the population served by the program under this section, as recommended by authoritative scientific organizations.CommentsClose CommentsPermalink





‘(D) PHYSICAL ACTIVITY- Technical assistance relating to the physical activity requirements of this subsection shall include--CommentsClose CommentsPermalink





‘(i) education on the importance of regular physical activity to overall health and well being; andCommentsClose CommentsPermalink





‘(ii) sharing of best practices for physical activity plans in child care centers and homes as recommended by authoritative scientific organizations.CommentsClose CommentsPermalink





‘(E) ELECTRONIC MEDIA USE- Technical assistance relating to the electronic media use requirements of this subsection shall include--CommentsClose CommentsPermalink





‘(i) education on the benefits of limiting exposure to electronic media by children; andCommentsClose CommentsPermalink





‘(ii) sharing of best practices for the development of daily activity plans that limit use of electronic media.CommentsClose CommentsPermalink





‘(F) MINIMUM ASSISTANCE- At a minimum, the technical assistance required under this paragraph shall include a handbook, developed by the Secretary in coordination with the Secretary for Health and Human Services, that includes recommendations, guidelines, and best practices 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.CommentsClose CommentsPermalink





‘(G) ADDITIONAL ASSISTANCE- In addition to the requirements of this paragraph, the Secretary shall develop and provide such appropriate training and education materials, guidance, and technical assistance as the Secretary considers to be necessary to comply with the nutritional and wellness requirements of this subsection and subsection (g).CommentsClose CommentsPermalink





‘(H) FUNDING-CommentsClose CommentsPermalink





‘(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 Secretary to provide technical assistance under this subsection $10,000,000, to remain available until expended.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 222. INTERAGENCY COORDINATION TO PROMOTE HEALTH AND WELLNESS IN CHILD CARE LICENSING.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) serve meals and snacks that are consistent with the requirements of 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); andCommentsClose CommentsPermalink





(4) promote such other nutrition and wellness goals as the Secretaries determine to be necessary.CommentsClose CommentsPermalink

SEC. 223. STUDY ON NUTRITION AND WELLNESS QUALITY OF CHILD CARE SETTINGS.CommentsClose CommentsPermalink

(a) In General- Not less than 3 years after the date of enactment 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--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(2) the quantity and type of opportunities for physical activity provided to children in child care settings;CommentsClose CommentsPermalink





(3) the quantity of time spent by children in child care settings in sedentary activities;CommentsClose CommentsPermalink





(4) an assessment of barriers and facilitators to--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(B) providing the appropriate quantity and type of opportunities of physical activity for children in child care settings; andCommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(5) such other assessment measures as the Secretary may determine to be necessary.CommentsClose CommentsPermalink





(b) Report to Congress- The Secretary shall submit to Congress a report that includes a detailed description of the results of the study conducted under subsection (a).CommentsClose CommentsPermalink





(c) Funding-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.CommentsClose CommentsPermalink

Subtitle C--Special Supplemental Nutrition Program for Women, Infants, and ChildrenCommentsClose CommentsPermalink

SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PROGRAM.CommentsClose CommentsPermalink

Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), in the second sentence, by striking ‘supplemental foods and nutrition education through any eligible local agency’ and inserting ‘supplemental foods and nutrition education, including breastfeeding promotion and support, through any eligible local agency’;CommentsClose CommentsPermalink





(2) in subsection (b)(4), by inserting ‘breastfeeding support and promotion,’ after ‘nutrition education,’;CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(4) in subsection (e)(2), in the second sentence, by inserting ‘, including breastfeeding support and education,’ after ‘nutrition education’;CommentsClose CommentsPermalink





(5) in subsection (f)(6)(B), in the first sentence, by inserting ‘and breastfeeding’ after ‘nutrition education’;CommentsClose CommentsPermalink





(6) in subsection (h)--CommentsClose CommentsPermalink





(A) in paragraph (4)--CommentsClose CommentsPermalink





(i) by striking ‘(4) The Secretary’ and all that follows through ‘(A) in consultation’ and inserting the following:CommentsClose CommentsPermalink





‘(4) REQUIREMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





‘(i) in consultation’;CommentsClose CommentsPermalink





(ii) by redesignating subparagraphs (B) through (F) as clauses (ii) through (vi), respectively, and indenting appropriately;CommentsClose CommentsPermalink





(iii) in clause (v) (as so redesignated), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(iv) in clause (vi) (as so redesignated), by striking ‘2010 initiative.’ and inserting ‘initiative; and’; andCommentsClose CommentsPermalink





(v) by adding at the end the following:CommentsClose CommentsPermalink





‘(vii) annually compile and publish breastfeeding performance measurements based on program participant data on the number of partially and fully breast-fed infants, including breastfeeding performance measurements for--CommentsClose CommentsPermalink





‘(I) each State agency; andCommentsClose CommentsPermalink





‘(II) each local agency;CommentsClose CommentsPermalink





‘(viii) in accordance with subparagraph (B), implement a program to recognize exemplary breastfeeding support practices at local agencies or clinics participating in the special supplemental nutrition program established under this section; andCommentsClose CommentsPermalink





‘(ix) in accordance with subparagraph (C), implement a program to provide performance bonuses to State agencies.CommentsClose CommentsPermalink





‘(B) EXEMPLARY BREASTFEEDING SUPPORT PRACTICES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In evaluating exemplary practices under subparagraph (A)(viii), the Secretary shall consider--CommentsClose CommentsPermalink





‘(I) performance measurements of breastfeeding;CommentsClose CommentsPermalink





‘(II) the effectiveness of a peer counselor program;CommentsClose CommentsPermalink





‘(III) the extent to which the agency or clinic has partnered with other entities to build a supportive breastfeeding environment for women participating in the program; andCommentsClose CommentsPermalink





‘(IV) such other criteria as the Secretary considers appropriate after consultation with State and local program agencies.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) PERFORMANCE BONUSES-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) the highest proportion of breast-fed infants; orCommentsClose CommentsPermalink





‘(II) the greatest improvement in proportion of breast-fed infants.CommentsClose CommentsPermalink





‘(ii) CONSIDERATION- In providing performance bonus payments to State agencies under this subparagraph, the Secretary shall consider the proportion of fully breast-fed infants in the States.CommentsClose CommentsPermalink





‘(iii) USE OF FUNDS- A State agency that receives a performance bonus under clause (i)--CommentsClose CommentsPermalink





‘(I) shall treat the funds as program income; andCommentsClose CommentsPermalink





‘(II) may transfer the funds to local agencies for use in carrying out the program.CommentsClose CommentsPermalink





‘(iv) IMPLEMENTATION- The Secretary shall provide the first performance bonuses not later than 1 year after the date of enactment of this clause and may subsequently revise the criteria for awarding performance bonuses; and’; andCommentsClose CommentsPermalink





(B) by striking paragraph (10) and inserting the following:CommentsClose CommentsPermalink





‘(10) FUNDS FOR INFRASTRUCTURE, MANAGEMENT INFORMATION SYSTEMS, AND SPECIAL NUTRITION EDUCATION-CommentsClose CommentsPermalink





‘(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 paragraph (1)(B)).CommentsClose CommentsPermalink





‘(B) PURPOSES- Subject to subparagraph (C), of the amount made available under subparagraph (A) for a fiscal year--CommentsClose CommentsPermalink





‘(i) $14,000,000 shall be used for--CommentsClose CommentsPermalink





‘(I) infrastructure for the program under this section;CommentsClose CommentsPermalink





‘(II) special projects to promote breastfeeding, including projects to assess the effectiveness of particular breastfeeding promotion strategies; andCommentsClose CommentsPermalink





‘(III) special State projects of regional or national significance to improve the services of the program;CommentsClose CommentsPermalink





‘(ii) $35,000,000 shall be used to establish, improve, or administer management information systems for the program, including changes necessary to meet new legislative or regulatory requirements of the program, of which up to $5,000,000 may be used for Federal administrative costs; andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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).’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink

SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS.CommentsClose CommentsPermalink

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,’.CommentsClose CommentsPermalink

Subtitle D--MiscellaneousCommentsClose CommentsPermalink

SEC. 241. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT PROGRAM.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





‘SEC. 28. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT PROGRAM.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) an individual eligible for benefits under--CommentsClose CommentsPermalink





‘(A) this Act;CommentsClose CommentsPermalink





‘(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)); orCommentsClose CommentsPermalink





‘(C) section 4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)(A));CommentsClose CommentsPermalink





‘(2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; orCommentsClose CommentsPermalink





‘(3) such other low-income individual as is determined to be eligible by the Secretary.CommentsClose CommentsPermalink





‘(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 section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).CommentsClose CommentsPermalink





‘(c) Delivery of Nutrition Education and Obesity Prevention Services-CommentsClose CommentsPermalink





‘(1) IN GENERAL- State agencies may deliver nutrition education and obesity prevention services under a program described in subsection (b)--CommentsClose CommentsPermalink





‘(A) directly to eligible individuals; orCommentsClose CommentsPermalink





‘(B) through agreements with other State or local agencies or community organizations.CommentsClose CommentsPermalink





‘(2) NUTRITION EDUCATION STATE PLANS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- Except as provided in subparagraph (C), a nutrition education State plan shall--CommentsClose CommentsPermalink





‘(i) identify the uses of the funding for local projects;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iii) conform to standards established by the Secretary through regulations, guidance, or grant award documents.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(3) USE OF FUNDS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A State agency may use funds provided 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--CommentsClose CommentsPermalink





‘(i) individual and group-based nutrition education, health promotion, and intervention strategies;CommentsClose CommentsPermalink





‘(ii) comprehensive, multilevel interventions at multiple complementary organizational and institutional levels; andCommentsClose CommentsPermalink





‘(iii) community and public health approaches to improve nutrition.CommentsClose CommentsPermalink





‘(B) CONSULTATION- In identifying allowable uses of funds under subparagraph (A) and in seeking to strengthen 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--CommentsClose CommentsPermalink





‘(i) representatives of the academic and research communities;CommentsClose CommentsPermalink





‘(ii) nutrition education practitioners;CommentsClose CommentsPermalink





‘(iii) representatives of State and local governments; andCommentsClose CommentsPermalink





‘(iv) community organizations that serve low-income populations.CommentsClose CommentsPermalink





‘(4) NOTIFICATION- To the maximum extent practicable, State agencies shall notify applicants, participants, and eligible individuals under this Act of the availability of nutrition education and obesity prevention services under this section in local communities.CommentsClose CommentsPermalink





‘(5) COORDINATION- Subject to the approval of the Secretary, 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.CommentsClose CommentsPermalink





‘(d) Funding-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) for fiscal year 2011, $375,000,000; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) ALLOCATION-CommentsClose CommentsPermalink





‘(A) INITIAL ALLOCATION- Of the funds set aside under paragraph (1), as determined by the Secretary--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(ii) subject to a reallocation under subparagraph (B)--CommentsClose CommentsPermalink





‘(I) for fiscal year 2014--CommentsClose CommentsPermalink

‘(aa) 90 percent shall be allocated to State agencies in accordance with clause (i); andCommentsClose CommentsPermalink

‘(bb) 10 percent shall be allocated to State agencies based on the respective share of each State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period ending the preceding January 31;CommentsClose CommentsPermalink

‘(II) for fiscal year 2015--CommentsClose CommentsPermalink

‘(aa) 80 percent shall be allocated to State agencies in accordance with clause (i); andCommentsClose CommentsPermalink

‘(bb) 20 percent shall be allocated in accordance with subclause (I)(bb);CommentsClose CommentsPermalink

‘(III) for fiscal year 2016--CommentsClose CommentsPermalink

‘(aa) 70 percent shall be allocated to State agencies in accordance with clause (i); andCommentsClose CommentsPermalink

‘(bb) 30 percent shall be allocated in accordance with subclause (I)(bb);CommentsClose CommentsPermalink

‘(IV) for fiscal year 2017--CommentsClose CommentsPermalink

‘(aa) 60 percent shall be allocated to State agencies in accordance with clause (i); andCommentsClose CommentsPermalink

‘(bb) 40 percent shall be allocated in accordance with subclause (I)(bb); andCommentsClose CommentsPermalink

‘(V) for fiscal year 2018 and each fiscal year thereafter--CommentsClose CommentsPermalink

‘(aa) 50 percent shall be allocated to State agencies in accordance with clause (i); andCommentsClose CommentsPermalink

‘(bb) 50 percent shall be allocated in accordance with subclause (I)(bb).CommentsClose CommentsPermalink

‘(B) REALLOCATION-CommentsClose CommentsPermalink





‘(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 determined by the Secretary) that have approved State plans under which the State agencies may expend the reallocated funds.CommentsClose CommentsPermalink





‘(ii) EFFECT OF ADDITIONAL FUNDS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(II) FUNDS SURRENDERED- Any funds surrendered 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 subsequent fiscal year.CommentsClose CommentsPermalink





‘(3) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION-CommentsClose CommentsPermalink





‘(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 prevention.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(2) Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by striking subsection (f).CommentsClose CommentsPermalink

SEC. 242. PROCUREMENT AND PROCESSING OF FOOD SERVICE PRODUCTS AND COMMODITIES.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(C) PROCUREMENT AND PROCESSING OF FOOD SERVICE PRODUCTS AND COMMODITIES- The Secretary shall--CommentsClose CommentsPermalink





‘(i) identify, develop, and disseminate to State departments of agriculture and education, school food authorities, local educational agencies, and local processing entities, model product specifications and practices 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 published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);CommentsClose CommentsPermalink





‘(ii) not later than 1 year after the date of enactment of this subparagraph--CommentsClose CommentsPermalink





‘(I) carry out a study to analyze the quantity and quality of nutritional information available to school food authorities about food service products and commodities; andCommentsClose CommentsPermalink





‘(II) submit to Congress a report on the results of the study that contains such legislative recommendations as the Secretary considers necessary to ensure that school food authorities have access to the nutritional information needed for menu planning and compliance assessments; andCommentsClose CommentsPermalink





‘(iii) to the maximum extent practicable, in purchasing and processing commodities for use in school nutrition programs under this Act and the Child Nutrition 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.’.CommentsClose CommentsPermalink

SEC. 243. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.CommentsClose CommentsPermalink

Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (h) and (i) and subsection (j) (as added by section 210) as subsections (i) through (k), respectively;CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(g) Access to Local Foods: Farm to School Program-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) GRANTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall award competitive grants under this subsection to be used for--CommentsClose CommentsPermalink





‘(i) training;CommentsClose CommentsPermalink





‘(ii) supporting operations;CommentsClose CommentsPermalink





‘(iii) planning;CommentsClose CommentsPermalink





‘(iv) purchasing equipment;CommentsClose CommentsPermalink





‘(v) developing school gardens;CommentsClose CommentsPermalink





‘(vi) developing partnerships; andCommentsClose CommentsPermalink





‘(vii) implementing farm to school programs.CommentsClose CommentsPermalink





‘(B) REGIONAL BALANCE- In making awards under this subsection, the Secretary shall, to the maximum extent practicable, ensure--CommentsClose CommentsPermalink





‘(i) geographical diversity; andCommentsClose CommentsPermalink





‘(ii) equitable treatment of urban, rural, and tribal communities.CommentsClose CommentsPermalink





‘(C) MAXIMUM AMOUNT- The total amount provided to a grant recipient under this subsection shall not exceed $100,000.CommentsClose CommentsPermalink





‘(4) FEDERAL SHARE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Federal share of costs for a project funded through a grant awarded under this subsection shall not exceed 75 percent of the total cost of the project.CommentsClose CommentsPermalink





‘(B) FEDERAL MATCHING- As a condition of receiving a grant under this subsection, a grant recipient shall provide matching support in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) make local food products available on the menu of the eligible school;CommentsClose CommentsPermalink





‘(B) serve a high proportion of children who are eligible for free or reduced price lunches;CommentsClose CommentsPermalink





‘(C) incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm and garden-based agricultural education activities;CommentsClose CommentsPermalink





‘(D) demonstrate collaboration between eligible schools, nongovernmental and community-based organizations, agricultural producer groups, and other community partners;CommentsClose CommentsPermalink





‘(E) include adequate and participatory evaluation plans;CommentsClose CommentsPermalink





‘(F) demonstrate the potential for long-term program sustainability; andCommentsClose CommentsPermalink





‘(G) meet any other criteria that the Secretary determines appropriate.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(7) TECHNICAL ASSISTANCE- The Secretary shall provide technical assistance and information to assist eligible schools, State and local agencies, Indian tribal organizations, and nonprofit entities--CommentsClose CommentsPermalink





‘(A) to facilitate the coordination and sharing of information and resources in the Department that may be applicable to the farm to school program;CommentsClose CommentsPermalink





‘(B) to collect and share information on best practices; andCommentsClose CommentsPermalink





‘(C) to disseminate research and data on existing farm to school programs and the potential for programs in underserved areas.CommentsClose CommentsPermalink





‘(8) FUNDING-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 subparagraph (A), without further appropriation.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(h) Pilot Program for High-Poverty Schools-CommentsClose CommentsPermalink





‘(1) IN GENERAL- ’; andCommentsClose CommentsPermalink





(3) in subsection (h) (as redesignated by paragraph (2))--CommentsClose CommentsPermalink





(A) in subparagraph (F) of paragraph (1) (as so redesignated), by striking ‘in accordance with paragraph (1)(H)’ and inserting ‘carried out by the Secretary’;CommentsClose CommentsPermalink





(B) by redesignating paragraph (4) as paragraph (2); andCommentsClose CommentsPermalink





(C) in paragraph (2) (as so redesignated), by striking ‘2009’ and inserting ‘2015’.CommentsClose CommentsPermalink

SEC. 244. RESEARCH ON STRATEGIES TO PROMOTE THE SELECTION AND CONSUMPTION OF HEALTHY FOODS.CommentsClose CommentsPermalink

(a) In General- The Secretary, in consultation with the Secretary 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.CommentsClose CommentsPermalink





(b) Priorities- The Secretary shall--CommentsClose CommentsPermalink





(1) identify and assess the impacts of specific presentation, placement, and other strategies for structuring choices on selection and consumption of healthful foods in a variety of settings, consistent with the most recent version of the Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(3) encourage adoption of the most effective strategies through outreach and technical assistance.CommentsClose CommentsPermalink





(c) Authority- In carrying out the program under subsection (a), the Secretary may--CommentsClose CommentsPermalink





(1) enter into competitively awarded contracts or cooperative agreements; orCommentsClose CommentsPermalink





(2) provide grants to States or public or private agencies or organizations, as determined by the Secretary.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Coordination- The solicitation and evaluation of contracts, cooperative agreements, and grant proposals considered under this section shall be coordinated with the Food and Nutrition Service as appropriate to ensure that funded projects are consistent with the operations of Federally supported nutrition assistance programs and related laws (including regulations).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the policies, priorities, and operations of the program carried out by the Secretary under this section during the fiscal year;CommentsClose CommentsPermalink





(2) the results of any evaluations completed during the fiscal year; andCommentsClose CommentsPermalink





(3) the efforts undertaken to disseminate successful practices through outreach and technical assistance.CommentsClose CommentsPermalink





(g) Authorization of Appropriations-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

TITLE III--IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION PROGRAMSCommentsClose CommentsPermalink

Subtitle A--National School Lunch ProgramCommentsClose CommentsPermalink

SEC. 301. PRIVACY PROTECTION.CommentsClose CommentsPermalink

Section 9(d)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(d)(1)) is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by inserting ‘the last 4 digits of’ before ‘the social security account number’; andCommentsClose CommentsPermalink





(2) by striking the second sentence.CommentsClose CommentsPermalink

SEC. 302. APPLICABILITY OF FOOD SAFETY PROGRAM ON ENTIRE SCHOOL CAMPUS.CommentsClose CommentsPermalink

Section 9(h)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(5)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Each school food’ and inserting the following:CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each school food’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink

SEC. 303. FINES FOR VIOLATING PROGRAM REQUIREMENTS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(e) Fines for Violating Program Requirements-CommentsClose CommentsPermalink





‘(1) SCHOOL FOOD AUTHORITIES AND SCHOOLS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall establish criteria by which the Secretary or a State agency may impose a fine against any school food authority or school administering a program authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Secretary or the State agency determines that the school food authority or school has--CommentsClose CommentsPermalink





‘(i) failed to correct severe mismanagement of the program;CommentsClose CommentsPermalink





‘(ii) disregarded a program requirement of which the school food authority or school had been informed; orCommentsClose CommentsPermalink





‘(iii) failed to correct repeated violations of program requirements.CommentsClose CommentsPermalink





‘(B) LIMITS-CommentsClose CommentsPermalink





‘(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 program in which the violation occurred.CommentsClose CommentsPermalink





‘(ii) AMOUNT- The amount under clause (i) shall not exceed--CommentsClose CommentsPermalink





‘(I) 1 percent of the amount of meal reimbursements earned for the fiscal year for the first finding of 1 or more program violations under subparagraph (A);CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) STATE AGENCIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall establish criteria 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--CommentsClose CommentsPermalink





‘(i) failed to correct severe mismanagement of the program;CommentsClose CommentsPermalink





‘(ii) disregarded a program requirement of which the State had been informed; orCommentsClose CommentsPermalink





‘(iii) failed to correct repeated violations of program requirements.CommentsClose CommentsPermalink





‘(B) LIMITS- In the case of a State agency, the amount of a fine under subparagraph (A) shall not exceed--CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(ii) 5 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 second finding of 1 or more program violations under subparagraph (A); andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(3) SOURCE OF FUNDING- Funds to pay a fine imposed under paragraph (1) or (2) shall be derived from non-Federal sources.’.CommentsClose CommentsPermalink

SEC. 304. INDEPENDENT REVIEW OF APPLICATIONS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(6) ELIGIBILITY DETERMINATION REVIEW FOR SELECTED LOCAL EDUCATIONAL AGENCIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A local educational agency that has demonstrated a high level of, or a high risk for, administrative error associated with certification, verification, and other administrative processes, as determined by the Secretary, shall ensure that the initial eligibility determination for each application is reviewed for accuracy prior to notifying a household of the eligibility or ineligibility of the household for free or reduced price meals.CommentsClose CommentsPermalink





‘(B) TIMELINESS- The review of initial eligibility determinations--CommentsClose CommentsPermalink





‘(i) shall be completed in a timely manner; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) ACCEPTABLE TYPES OF REVIEW- Subject to standards established by the Secretary, the system used to review eligibility determinations for accuracy shall be conducted by an individual or entity that did not make the initial eligibility determination.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(E) REPORTING-CommentsClose CommentsPermalink





‘(i) LOCAL EDUCATIONAL AGENCIES- In accordance with procedures established by the Secretary, each local educational agency required to review initial eligibility determinations shall submit to the relevant State agency a report describing the results of the reviews, including--CommentsClose CommentsPermalink





‘(I) the number and percentage of reviewed applications for which the eligibility determination was changed and the type of change made; andCommentsClose CommentsPermalink





‘(II) such other information as the Secretary determines to be necessary.CommentsClose CommentsPermalink





‘(ii) STATE AGENCIES- In accordance with procedures established by the Secretary, each State agency shall submit to the Secretary a report describing the results of the reviews of initial eligibility determinations, including--CommentsClose CommentsPermalink





‘(I) the number and percentage of reviewed applications for which the eligibility determination was changed and the type of change made; andCommentsClose CommentsPermalink





‘(II) such other information as the Secretary determines to be necessary.CommentsClose CommentsPermalink





‘(iii) TRANSPARENCY- The Secretary shall publish annually the results of the reviews of initial eligibility determinations by State, number, percentage, and type of error.’.CommentsClose CommentsPermalink

SEC. 305. PROGRAM EVALUATION.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(c) Cooperation With Program Research and Evaluation- States, State educational agencies, local educational agencies, 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.’.CommentsClose CommentsPermalink

SEC. 306. PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.CommentsClose CommentsPermalink

Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended by striking subsection (g) and inserting the following:CommentsClose CommentsPermalink





‘(g) Professional Standards for School Food Service-CommentsClose CommentsPermalink





‘(1) CRITERIA FOR SCHOOL FOOD SERVICE AND STATE AGENCY DIRECTORS-CommentsClose CommentsPermalink





‘(A) SCHOOL FOOD SERVICE DIRECTORS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall establish a program of required education, training, and certification for all school food service directors responsible for the management of a school food authority.CommentsClose CommentsPermalink





‘(ii) REQUIREMENTS- The program shall include--CommentsClose CommentsPermalink





‘(I) minimum educational requirements necessary 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;CommentsClose CommentsPermalink





‘(II) minimum program training and certification criteria for school food service directors; andCommentsClose CommentsPermalink





‘(III) minimum periodic training criteria to maintain school food service director certification.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) TRAINING PROGRAM PARTNERSHIP- The Secretary may provide financial and other assistance to 1 or more professional food service management organizations--CommentsClose CommentsPermalink





‘(i) to establish and manage the program under this paragraph; andCommentsClose CommentsPermalink





‘(ii) to develop voluntary training and certification programs for other school food service workers.CommentsClose CommentsPermalink





‘(D) REQUIRED DATE OF COMPLIANCE-CommentsClose CommentsPermalink





‘(i) SCHOOL FOOD SERVICE DIRECTORS- The Secretary 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 certification criteria established in accordance with subparagraph (A).CommentsClose CommentsPermalink





‘(ii) SCHOOL NUTRITION STATE AGENCY DIRECTORS- 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 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.CommentsClose CommentsPermalink





‘(2) TRAINING AND CERTIFICATION OF FOOD SERVICE PERSONNEL-CommentsClose CommentsPermalink





‘(A) TRAINING FOR INDIVIDUALS CONDUCTING OR OVERSEEING ADMINISTRATIVE PROCEDURES-CommentsClose CommentsPermalink





‘(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 procedures) to local educational agency and school food authority personnel and other appropriate personnel.CommentsClose CommentsPermalink





‘(ii) FEDERAL ROLE- The Secretary shall--CommentsClose CommentsPermalink





‘(I) provide training and technical assistance described in clause (i) to the State; orCommentsClose CommentsPermalink





‘(II) at the option of the Secretary, directly provide training and technical assistance described in clause (i).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) TRAINING AND CERTIFICATION OF ALL LOCAL FOOD SERVICE PERSONNEL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall provide training designed to improve--CommentsClose CommentsPermalink





‘(I) the accuracy of approvals for free and reduced price meals; andCommentsClose CommentsPermalink





‘(II) the identification of reimbursable meals at the point of service.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) to ensure program compliance and integrity; andCommentsClose CommentsPermalink





‘(II) to demonstrate competence in the training provided under clause (i).CommentsClose CommentsPermalink





‘(iii) TRAINING MODULES- In addition to the topics described in clause (i), a training program carried out under this subparagraph shall include training modules on--CommentsClose CommentsPermalink





‘(I) nutrition;CommentsClose CommentsPermalink





‘(II) health and food safety standards and methodologies; andCommentsClose CommentsPermalink





‘(III) any other appropriate topics, as determined by the Secretary.CommentsClose CommentsPermalink





‘(3) FUNDING-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) on October 1, 2010, $5,000,000; andCommentsClose CommentsPermalink





‘(ii) on each October 1 thereafter, $1,000,000.CommentsClose CommentsPermalink





‘(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 subparagraph (A), without further appropriation.’.CommentsClose CommentsPermalink

SEC. 307. INDIRECT COSTS.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Indirect Cost Study- The Secretary shall--CommentsClose CommentsPermalink





(1) conduct a study to assess the extent to which school food authorities participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) pay indirect costs, including assessments of--CommentsClose CommentsPermalink





(A) the allocation of indirect costs to, and the methodologies 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);CommentsClose CommentsPermalink





(B) the impact of indirect costs charged to the nonprofit school food service account;CommentsClose CommentsPermalink





(C) the types and amounts of indirect costs charged and recovered by school districts;CommentsClose CommentsPermalink





(D) whether the indirect costs charged or recovered are consistent with requirements for the allocation of indirect costs and school food service operations; andCommentsClose CommentsPermalink





(E) the types and amounts of indirect costs that could be charged or recovered under requirements for the allocation of indirect costs and school food service operations but are not charged or recovered; andCommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(c) Regulations- After conducting the study under subsection (b)(1) and identifying costs under subsection (b)(2), the Secretary may promulgate regulations to address--CommentsClose CommentsPermalink





(1) any identified deficiencies in the allocation of indirect costs; andCommentsClose CommentsPermalink





(2) the authority of school food authorities to reimburse only those costs identified by the Secretary as reasonable and necessary under subsection (b)(2).CommentsClose CommentsPermalink





(d) Report- Not later than October 1, 2013, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study under subsection (b).CommentsClose CommentsPermalink





(e) Funding-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.CommentsClose CommentsPermalink

SEC. 308. ENSURING SAFETY OF SCHOOL MEALS.CommentsClose CommentsPermalink

The Richard B. Russell National School Lunch Act is amended by after section 28 (42 U.S.C. 1769i) the following:CommentsClose CommentsPermalink





‘SEC. 29. ENSURING SAFETY OF SCHOOL MEALS.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) in consultation with the Administrator of the Agricultural Marketing Service and the Administrator of the Farm Service Agency, develop guidelines to determine the circumstances 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.);CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and Inspection Service to ensure that schools are included in effectiveness checks.’.CommentsClose CommentsPermalink

Subtitle B--Summer Food Service ProgramCommentsClose CommentsPermalink

SEC. 321. SUMMER FOOD SERVICE PROGRAM PERMANENT OPERATING AGREEMENTS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(3) PERMANENT OPERATING AGREEMENTS AND BUDGET FOR ADMINISTRATIVE COSTS-CommentsClose CommentsPermalink





‘(A) PERMANENT OPERATING AGREEMENTS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) TERMINATION- A permanent agreement described in clause (i)--CommentsClose CommentsPermalink





‘(I) may be terminated for convenience by the service institution and State agency that is a party to the permanent agreement; andCommentsClose CommentsPermalink





‘(II) shall be terminated--CommentsClose CommentsPermalink

‘(aa) for cause by the applicable State agency in accordance with subsection (q) and with regulations promulgated by the Secretary; orCommentsClose CommentsPermalink

‘(bb) on termination of participation of the service institution in the program.CommentsClose CommentsPermalink

‘(B) BUDGET FOR ADMINISTRATIVE COSTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- When applying for participation in the program, and not less frequently than annually thereafter, each service institution shall submit a complete budget for administrative costs related to the program, which shall be subject to approval by the State.CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink

SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALIFICATION.CommentsClose CommentsPermalink

Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (q) as subsection (r); andCommentsClose CommentsPermalink





(2) by inserting after subsection (p) the following:CommentsClose CommentsPermalink





‘(q) Termination and Disqualification of Participating Organizations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State agency shall follow the procedures established by the Secretary for the termination of participation of institutions under the program.CommentsClose CommentsPermalink





‘(2) FAIR HEARING- The procedures described in paragraph (1) shall include provision for a fair hearing and prompt determination for any service institution aggrieved by any action of the State agency that affects--CommentsClose CommentsPermalink





‘(A) the participation of the service institution in the program; orCommentsClose CommentsPermalink





‘(B) the claim of the service institution for reimbursement under this section.CommentsClose CommentsPermalink





‘(3) LIST OF DISQUALIFIED INSTITUTIONS AND INDIVIDUALS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall maintain a list of service institutions and individuals that have been terminated or otherwise disqualified from participation in the program under the procedures established pursuant to paragraph (1).CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

Subtitle C--Child and Adult Care Food ProgramCommentsClose CommentsPermalink

SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PERMANENT OPERATING AGREEMENTS.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





‘(E) PERMANENT OPERATING AGREEMENTS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) TERMINATION- A permanent agreement described in clause (i)--CommentsClose CommentsPermalink





‘(I) may be terminated for convenience by the institution or State agency that is a party to the permanent agreement; andCommentsClose CommentsPermalink





‘(II) shall be terminated--CommentsClose CommentsPermalink

‘(aa) for cause by the applicable State agency in accordance with paragraph (5); orCommentsClose CommentsPermalink

‘(bb) on termination of participation of the institution in the child and adult care food program.’.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





‘(2) PROGRAM APPLICATIONS-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) submit to the State agency an initial application to participate in the program that meets all requirements established by the Secretary by regulation;CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(iii) annually submit to the State agency any additional 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.CommentsClose CommentsPermalink





‘(B) REQUIRED REVIEWS OF SPONSORED FACILITIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall develop a policy under which each sponsoring organization participating in the program under this section shall conduct--CommentsClose CommentsPermalink





‘(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 deficiencies and fraud and abuse under the program; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) REQUIRED REVIEWS OF INSTITUTIONS- The Secretary shall develop a policy under which each State agency shall conduct--CommentsClose CommentsPermalink





‘(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 section--CommentsClose CommentsPermalink





‘(I) to identify and prevent management deficiencies and fraud and abuse under the program; andCommentsClose CommentsPermalink





‘(II) to improve program operations; andCommentsClose CommentsPermalink





‘(ii) more frequent reviews of any institution that--CommentsClose CommentsPermalink





‘(I) sponsors a significant share of the facilities participating in the program;CommentsClose CommentsPermalink





‘(II) conducts activities other than the program authorized under this section;CommentsClose CommentsPermalink





‘(III) has serious management problems, as identified in a prior review, or is at risk of having serious management problems; orCommentsClose CommentsPermalink





‘(IV) meets such other criteria as are defined by the Secretary.CommentsClose CommentsPermalink





‘(D) DETECTION AND DETERRENCE OF ERRONEOUS PAYMENTS AND FALSE CLAIMS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary may develop a policy to detect and deter, and recover erroneous payments 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.CommentsClose CommentsPermalink





‘(ii) BLOCK CLAIMS-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(III) ALLOWANCE- Notwithstanding subclause (II), the Secretary may require any State agency, sponsoring organization, or other institution to collect, store, and transmit to the appropriate entity information necessary to develop any other policy developed under clause (i).’.CommentsClose CommentsPermalink





(c) Agreements- Section 17(j)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(j)(1)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘may’ and inserting ‘shall’;CommentsClose CommentsPermalink





(2) by striking ‘family or group day care’ the first place it appears; andCommentsClose CommentsPermalink





(3) by inserting ‘or sponsored day care centers’ before ‘participating’.CommentsClose CommentsPermalink

SEC. 332. STATE LIABILITY FOR PAYMENTS TO AGGRIEVED CHILD CARE INSTITUTIONS.CommentsClose CommentsPermalink

Section 17(e) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(e)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking ‘(3) If a State’ and inserting the following:CommentsClose CommentsPermalink





‘(5) SECRETARIAL HEARING- If a State’; andCommentsClose CommentsPermalink





(2) by striking ‘(e) Except as provided’ and all that follows through ‘(2) A State’ and inserting the following:CommentsClose CommentsPermalink





‘(e) Hearings-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the participation of the institution in the program authorized by this section; orCommentsClose CommentsPermalink





‘(B) the claim of the institution for reimbursement under this section.CommentsClose CommentsPermalink





‘(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 regulations 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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(4) FEDERAL AUDIT DETERMINATION- A State’.CommentsClose CommentsPermalink

SEC. 333. TRANSMISSION OF INCOME INFORMATION BY SPONSORED FAMILY OR GROUP DAY CARE HOMES.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘(dd) TRANSMISSION OF INCOME INFORMATION BY SPONSORED FAMILY OR GROUP DAY CARE HOMES- If a family or group day care home elects to be provided reimbursement factors described in subclause (II), the family or group day care home may assist in the transmission of necessary household income information to the family or group day care home sponsoring organization in accordance with the policy described in item (ee).CommentsClose CommentsPermalink

‘(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.’.CommentsClose CommentsPermalink

SEC. 334. SIMPLIFYING AND ENHANCING ADMINISTRATIVE PAYMENTS TO SPONSORING ORGANIZATIONS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(B) ADMINISTRATIVE FUNDS-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) the number of family and group day care homes of the sponsoring organization submitting a claim for reimbursement during the month; byCommentsClose CommentsPermalink





‘(II) the appropriate administrative rate determined by the Secretary.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) CARRYOVER FUNDS- The Secretary shall develop procedures under which not more than 10 percent 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.’.CommentsClose CommentsPermalink

SEC. 335. CHILD AND ADULT CARE FOOD PROGRAM AUDIT FUNDING.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(2) FUNDING-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) ADDITIONAL FUNDING-CommentsClose CommentsPermalink





‘(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 effectively use the funds to improve program management under criteria established by the Secretary.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 336. REDUCING PAPERWORK AND IMPROVING PROGRAM ADMINISTRATION.CommentsClose CommentsPermalink

(a) Definition of Program- In this section, the term ‘program’ 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).CommentsClose CommentsPermalink





(b) Establishment- The Secretary, in conjunction with States and participating institutions, shall continue to examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements for State agencies, institutions, family and group day care homes, and sponsored centers participating in the program.CommentsClose CommentsPermalink





(c) Duties- At a minimum, the examination shall include--CommentsClose CommentsPermalink





(1) review and evaluation of the recommendations, guidance, and regulatory priorities developed and issued to comply with section 119(i) of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1766 note; Public Law 108-265); andCommentsClose CommentsPermalink





(2) examination of additional paperwork and administrative requirements that have been established since February 23, 2007, that could be reduced or simplified.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) new or updated regulations, policy, guidance, or technical assistance; andCommentsClose CommentsPermalink





(B) a timeframe for the completion of those steps; andCommentsClose CommentsPermalink





(4) recommendations to Congress for modifications to existing statutory authorities needed to address identified administrative and paperwork burdens.CommentsClose CommentsPermalink

SEC. 337. STUDY RELATING TO THE CHILD AND ADULT CARE FOOD PROGRAM.CommentsClose CommentsPermalink

(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)).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) best practices of States in soliciting sponsors for an afterschool supper program described in subsection (a); andCommentsClose CommentsPermalink





(2) any Federal or State laws or requirements that may be a barrier to participation in the program.CommentsClose CommentsPermalink

Subtitle D--Special Supplemental Nutrition Program for Women, Infants, and ChildrenCommentsClose CommentsPermalink

SEC. 351. SHARING OF MATERIALS WITH OTHER PROGRAMS.CommentsClose CommentsPermalink

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 following:CommentsClose CommentsPermalink





‘(B) SHARING OF MATERIALS WITH OTHER PROGRAMS-CommentsClose CommentsPermalink





‘(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 Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) at no cost to that program.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 352. WIC PROGRAM MANAGEMENT.CommentsClose CommentsPermalink

(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’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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 payments were earned.’.CommentsClose CommentsPermalink





(c) Cost Containment Measure- Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (8)(A)(iv)(III), by striking ‘Any’ and inserting ‘Except as provided in paragraph (9)(B)(i)(II), any’; andCommentsClose CommentsPermalink





(2) by striking paragraph (9) and inserting the following:CommentsClose CommentsPermalink





‘(9) COST CONTAINMENT MEASURE-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) SOLICITATION AND REBATE BILLING REQUIREMENTS- Any State agency instituting a cost containment measure for any authorized food, including infant formula, shall--CommentsClose CommentsPermalink





‘(i) in the bid solicitation--CommentsClose CommentsPermalink





‘(I) identify the composition of State alliances for the purposes of a cost containment measure; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(ii) have a system to ensure that rebate invoices under competitive bidding provide a reasonable estimate or an actual count of the number of units sold to participants in the program under this section;CommentsClose CommentsPermalink





‘(iii) open and read aloud all bids at a public proceeding on the day on which the bids are due; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(12) ELECTRONIC BENEFIT TRANSFER-CommentsClose CommentsPermalink





‘(A) DEFINITIONS- In this paragraph:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) PROGRAM- The term ‘program’ means the special supplemental nutrition program established by this section.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than October 1, 2020, each State agency shall be required to implement electronic 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.CommentsClose CommentsPermalink





‘(ii) RESPONSIBILITY- The State agency shall be responsible for the coordination and management of the electronic benefit transfer system of the agency.CommentsClose CommentsPermalink





‘(C) EXEMPTIONS-CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(I) There are unusual technological barriers to implementation.CommentsClose CommentsPermalink





‘(II) Operational costs are not affordable within the nutrition services and administration grant of the State agency.CommentsClose CommentsPermalink





‘(III) It is in the best interest of the program to grant the exemption.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(D) REPORTING-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) CONSULTATION- If a State agency plans to incorporate additional programs in the electronic benefit 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.CommentsClose CommentsPermalink





‘(iii) REQUIREMENTS- At a minimum, a status report submitted under clause (i) shall contain--CommentsClose CommentsPermalink





‘(I) an annual outline of the electronic benefit transfer implementation goals and objectives of the State;CommentsClose CommentsPermalink





‘(II) appropriate updates in accordance with approval requirements for active electronic benefit transfer State agencies; andCommentsClose CommentsPermalink





‘(III) such other information as the Secretary may require.CommentsClose CommentsPermalink





‘(E) IMPOSITION OF COSTS ON VENDORS-CommentsClose CommentsPermalink





‘(i) COST PROHIBITION- Except as otherwise provided 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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) FEES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- A vendor that elects to accept electronic benefit transfers using multifunction equipment shall pay commercial transaction 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.CommentsClose CommentsPermalink





‘(II) INTERCHANGE FEES- No interchange fees shall apply to electronic benefit transfer transactions under this paragraph.CommentsClose CommentsPermalink





‘(iv) STATEWIDE OPERATIONS- After completion of statewide expansion of a system for transaction of electronic benefit transfers--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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 authorization, unless the State agency determines that the vendor is necessary for participant access.CommentsClose CommentsPermalink





‘(F) MINIMUM LANE COVERAGE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall establish minimum lane coverage guidelines for vendor equipment and systems used to support electronic benefit transfers.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(G) TECHNICAL STANDARDS- The Secretary shall--CommentsClose CommentsPermalink





‘(i) establish technical standards and operating rules for electronic benefit transfer systems; andCommentsClose CommentsPermalink





‘(ii) require each State agency, contractor, and authorized vendor participating in the program to demonstrate compliance with the technical standards and operating rules.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(13) UNIVERSAL PRODUCT CODES DATABASE-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) FUNDING-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) USE OF FUNDS- The Secretary shall use the funds provided under clause (i) for development, hosting, hardware and software configuration, and support of the database required under subparagraph (A).’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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 authorized under paragraph (3)(C) for expenses incurred under this section for supplemental foods during the preceding fiscal year, if the Secretary determines that--CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(B) the reduction would affect the ability of the State agency to serve all eligible participants.’.CommentsClose CommentsPermalink

Subtitle E--MiscellaneousCommentsClose CommentsPermalink

SEC. 361. FULL USE OF FEDERAL FUNDS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(b) Agreements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall incorporate, in the agreement of the Secretary with the State agencies administering programs authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the express requirements 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.).CommentsClose CommentsPermalink





‘(2) EXPECTATIONS FOR USE OF FUNDS- Agreements described in paragraph (1) shall include a provision that--CommentsClose CommentsPermalink





‘(A) supports full use of Federal funds provided to State agencies for the administration of programs authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); andCommentsClose CommentsPermalink





‘(B) excludes the Federal funds from State budget restrictions or limitations including, at a minimum--CommentsClose CommentsPermalink





‘(i) hiring freezes;CommentsClose CommentsPermalink





‘(ii) work furloughs; andCommentsClose CommentsPermalink





‘(iii) travel restrictions.’.CommentsClose CommentsPermalink

SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(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.).’.CommentsClose CommentsPermalink

TITLE IV--MISCELLANEOUSCommentsClose CommentsPermalink

Subtitle A--Reauthorization of Expiring ProvisionsCommentsClose CommentsPermalink

PART I--RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

SEC. 401. COMMODITY SUPPORT.CommentsClose CommentsPermalink

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 ‘September 30, 2010’ and inserting ‘September 30, 2020’.CommentsClose CommentsPermalink

SEC. 402. FOOD SAFETY AUDITS AND REPORTS BY STATES.CommentsClose CommentsPermalink

Section 9(h) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking ‘2006 through 2010’ and inserting ‘2011 through 2015’; andCommentsClose CommentsPermalink





(2) in paragraph (4), by striking ‘2006 through 2010’ and inserting ‘2011 through 2015’.CommentsClose CommentsPermalink

SEC. 403. PROCUREMENT TRAINING.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 404. AUTHORIZATION OF THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 405. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 406. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE MANAGEMENT INSTITUTE.CommentsClose CommentsPermalink

Section 21(e) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(e)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(e) Authorization of Appropriations’ and all that follows through the end of paragraph (2)(A) and inserting the following:CommentsClose CommentsPermalink





‘(e) Food Service Management Institute-CommentsClose CommentsPermalink





‘(1) FUNDING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In addition to any amounts otherwise 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.CommentsClose CommentsPermalink





‘(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 subparagraph (A), without further appropriation.’;CommentsClose CommentsPermalink





(2) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and indenting appropriately;CommentsClose CommentsPermalink





(3) in paragraph (2) (as so redesignated), by striking ‘subparagraph (A)’ each place it appears and inserting ‘paragraph (1)’; andCommentsClose CommentsPermalink





(4) in paragraph (3) (as so redesignated), by striking ‘subparagraphs (A) and (B)’ and inserting ‘paragraphs (1) and (2)’.CommentsClose CommentsPermalink

SEC. 407. FEDERAL ADMINISTRATIVE SUPPORT.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in clause(ii), by striking the period at the end and inserting ‘; and’CommentsClose CommentsPermalink





(3) and by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) on October 1, 2010, and every October 1 thereafter, $4,000,000.’.CommentsClose CommentsPermalink

SEC. 408. COMPLIANCE AND ACCOUNTABILITY.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 409. INFORMATION CLEARINGHOUSE.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

PART II--CHILD NUTRITION ACT OF 1966

SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 422. STATE ADMINISTRATIVE EXPENSES.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 424. FARMERS MARKET NUTRITION PROGRAM.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(A) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2010 through 2015.’.CommentsClose CommentsPermalink

Subtitle B--Technical AmendmentsCommentsClose CommentsPermalink

SEC. 441. TECHNICAL AMENDMENTS.CommentsClose CommentsPermalink

(a) Richard B. Russell National School Lunch Act-CommentsClose CommentsPermalink





(1) NUTRITIONAL REQUIREMENTS- Section 9(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘(f)’ and all that follows through the end of paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(f) Nutritional Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Schools that are participating in the school lunch program or school breakfast program shall serve lunches and breakfasts that--CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(B) consider the nutrient needs of children who may be at risk for inadequate food intake and food insecurity.’;CommentsClose CommentsPermalink





(B) by striking paragraph (2); andCommentsClose CommentsPermalink





(C) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.CommentsClose CommentsPermalink





(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 subclause (II) and inserting ‘ROUNDING- On July’.CommentsClose CommentsPermalink





(3) INFORMATION AND ASSISTANCE CONCERNING REIMBURSEMENT OPTIONS- Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended by striking subsection (f).CommentsClose CommentsPermalink





(4) 1995 REGULATIONS TO IMPLEMENT DIETARY GUIDELINES- Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by striking subsection (k).CommentsClose CommentsPermalink





(5) SUMMER FOOD SERVICE PROGRAM FOR CHILDREN-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.CommentsClose CommentsPermalink





‘(a) In General-CommentsClose CommentsPermalink





‘(1) DEFINITIONS- In this section:CommentsClose CommentsPermalink





‘(A) AREA IN WHICH POOR ECONOMIC CONDITIONS EXIST-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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 school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);CommentsClose CommentsPermalink





‘(II) a geographic area, as defined by the Secretary based on the most recent census data available, 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.);CommentsClose CommentsPermalink





‘(III) an area--CommentsClose CommentsPermalink

‘(aa) for which the program food service site documents the eligibility of enrolled children through the collection of income eligibility statements from the families of enrolled children or other means; andCommentsClose CommentsPermalink

‘(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.);CommentsClose CommentsPermalink

‘(IV) a geographic area, as defined by the Secretary 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 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); orCommentsClose CommentsPermalink





‘(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.).CommentsClose CommentsPermalink





‘(ii) DURATION OF DETERMINATION- A determination that an area is an ‘area in which poor economic conditions exist’ under clause (i) shall be in effect for--CommentsClose CommentsPermalink





‘(I) in the case of an area described in clause (i)(I), 5 years;CommentsClose CommentsPermalink





‘(II) in the case of an area described in clause (i)(II), until more recent census data are available;CommentsClose CommentsPermalink





‘(III) in the case of an area described in clause (i)(III), 1 year; andCommentsClose CommentsPermalink





‘(IV) in the case of an area described in subclause (IV) or (V) of clause (i), a period of time to be determined by the Secretary, but not less than 1 year.CommentsClose CommentsPermalink





‘(B) CHILDREN- The term ‘children’ means--CommentsClose CommentsPermalink





‘(i) individuals who are 18 years of age and under; andCommentsClose CommentsPermalink





‘(ii) individuals who are older than 18 years of age who are--CommentsClose CommentsPermalink





‘(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, andCommentsClose CommentsPermalink





‘(II) participating in a public or nonprofit private school program established for individuals who have a disability.CommentsClose CommentsPermalink





‘(C) PROGRAM- The term ‘program’ means the summer food service program for children authorized by this section.CommentsClose CommentsPermalink





‘(D) SERVICE INSTITUTION- The term ‘service institution’ means a public or private nonprofit school food authority, local, municipal, or county government, public or private nonprofit higher education institution participating 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.).CommentsClose CommentsPermalink





‘(E) STATE- The term ‘State’ means--CommentsClose CommentsPermalink





‘(i) each of the several States of the United States;CommentsClose CommentsPermalink





‘(ii) the District of Columbia;CommentsClose CommentsPermalink





‘(iii) the Commonwealth of Puerto Rico;CommentsClose CommentsPermalink





‘(iv) Guam;CommentsClose CommentsPermalink





‘(v) American Samoa;CommentsClose CommentsPermalink





‘(vi) the Commonwealth of the Northern Mariana Islands; andCommentsClose CommentsPermalink





‘(vii) the United States Virgin Islands.’.CommentsClose CommentsPermalink





(B) CONFORMING AMENDMENTS- Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended--CommentsClose CommentsPermalink





(i) in paragraph (2)--CommentsClose CommentsPermalink





(I) by striking ‘(2) To the maximum extent feasible,’ and inserting the following:CommentsClose CommentsPermalink





‘(2) PROGRAM AUTHORIZATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary may carry out a program to assist States, through grants-in-aid and other means, to initiate and maintain nonprofit summer food service programs for children in service institutions.CommentsClose CommentsPermalink





‘(B) PREPARATION OF FOOD-CommentsClose CommentsPermalink





‘(i) IN GENERAL- To the maximum extent feasible,’; andCommentsClose CommentsPermalink





(II) by striking ‘The Secretary shall’ and inserting the following:CommentsClose CommentsPermalink





‘(ii) INFORMATION AND TECHNICAL ASSISTANCE- The Secretary shall’;CommentsClose CommentsPermalink





(ii) in paragraph (3)--CommentsClose CommentsPermalink





(I) by striking ‘(3) Eligible service institutions’ and inserting the following:CommentsClose CommentsPermalink





‘(3) ELIGIBLE SERVICE INSTITUTIONS- Eligible service institutions’; andCommentsClose CommentsPermalink





(II) by indenting subparagraphs (A) through (D) appropriately;CommentsClose CommentsPermalink





(iii) in paragraph (4)--CommentsClose CommentsPermalink





(I) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately;CommentsClose CommentsPermalink





(II) by striking ‘(4) The following’ and inserting the following:CommentsClose CommentsPermalink





‘(4) PRIORITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The following’; andCommentsClose CommentsPermalink





(III) by striking ‘The Secretary and the States’ and inserting the following:CommentsClose CommentsPermalink





‘(B) RURAL AREAS- The Secretary and the States’;CommentsClose CommentsPermalink





(iv) by striking ‘(5) Camps’ and inserting the following:CommentsClose CommentsPermalink





‘(5) CAMPS- Camps’; andCommentsClose CommentsPermalink





(v) by striking ‘(6) Service institutions’ and inserting the following:CommentsClose CommentsPermalink





‘(6) GOVERNMENT INSTITUTIONS- Service institutions’.CommentsClose CommentsPermalink





(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 paragraph (5).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(9) PILOT PROJECT FOR PRIVATE NONPROFIT STATE AGENCIES- Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (a).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) by striking paragraphs (1) and (2);CommentsClose CommentsPermalink





(B) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; andCommentsClose CommentsPermalink





(C) in paragraph (1) (as so redesignated), by striking ‘In addition to the pilot projects described in this subsection, the Secretary may conduct other’ and inserting ‘The Secretary may conduct’.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(13) SUMMER FOOD SERVICE RESIDENTIAL CAMP ELIGIBILITY- Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (f).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Child Nutrition Act of 1966-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘Except as provided in subparagraph (B), each fiscal year’ and inserting ‘Each fiscal year’;CommentsClose CommentsPermalink





(B) by striking subparagraph (B); andCommentsClose CommentsPermalink





(C) by redesignating subparagraph (C) as subparagraph (B).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) by striking subparagraph (C); andCommentsClose CommentsPermalink





(B) by redesignating subparagraph (D) as subparagraph (C).CommentsClose CommentsPermalink

SEC. 442. USE OF UNSPENT FUTURE FUNDS FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.CommentsClose CommentsPermalink

Section 101(a) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 120) is amended--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(2) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) TERMINATION- The authority provided by this subsection shall terminate after October 31, 2013.’.CommentsClose CommentsPermalink

SEC. 443. EQUIPMENT ASSISTANCE TECHNICAL CORRECTION.CommentsClose CommentsPermalink

(a) In General- Notwithstanding any other provision of law, school food authorities that received a grant for equipment assistance 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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 444. BUDGETARY EFFECTS.CommentsClose CommentsPermalink

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink

SEC. 445. EFFECTIVE DATE.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Passed the Senate August 5, 2010.

Attest:

NANCY ERICKSON,

Secretary Speaker of the House of Representatives. CommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink