Appendix A - The Healthy Hunger Free Kids Act of 2010 (Section 306)

APPENDIX A- The Healthy Hunger Free Kids Act of 2010 (Section 306 )

PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3183

Public Law 111–296
111th Congress
An Act
To reauthorize child nutrition programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Healthy,
Hunger-Free Kids Act of 2010’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:

Dec. 13, 2010
[S. 3307]
Healthy, HungerFree Kids Act of
2010.
42 USC 1751
note.

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I—A PATH TO END CHILDHOOD HUNGER
Subtitle A—National School Lunch Program
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.

Improving direct certification.
Categorical eligibility of foster children.
Direct certification for children receiving Medicaid benefits.
Eliminating individual applications through community eligibility.
Grants for expansion of school breakfast programs.

Subtitle B—Summer Food Service Program
Sec. 111. Alignment of eligibility rules for public and private sponsors.
Sec. 112. Outreach to eligible families.
Sec. 113. Summer food service support grants.
Subtitle C—Child and Adult Care Food Program
Sec. 121. Simplifying area eligibility determinations in the child and adult care
food program.
Sec. 122. Expansion of afterschool meals for at-risk children.
Subtitle D—Special Supplemental Nutrition Program for Women, Infants, and
Children
Sec. 131. Certification periods.
Subtitle E—Miscellaneous
Sec. 141. Childhood hunger research.
Sec. 142. State childhood hunger challenge grants.
Sec. 143. Review of local policies on meal charges and provision of alternate meals.

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TITLE II—REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS
OF CHILDREN
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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201.
202.
203.
204.
205.
206.

Subtitle A—National School Lunch Program
Performance-based reimbursement rate increases for new meal patterns.
Nutrition requirements for fluid milk.
Water.
Local school wellness policy implementation.
Equity in school lunch pricing.
Revenue from nonprogram foods sold in schools.

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124 STAT. 3184

PUBLIC LAW 111–296—DEC. 13, 2010

Sec.
Sec.
Sec.
Sec.

207.
208.
209.
210.

Reporting and notification of school performance.
Nutrition standards for all foods sold in school.
Information for the public on the school nutrition environment.
Organic food pilot program.

Subtitle B—Child and Adult Care Food Program
Sec. 221. Nutrition and wellness goals for meals served through the child and adult
care food program.
Sec. 222. Interagency coordination to promote health and wellness in child care licensing.
Sec. 223. Study on nutrition and wellness quality of child care settings.
Subtitle C—Special Supplemental Nutrition Program for Women, Infants, and
Children
Sec. 231. Support for breastfeeding in the WIC Program.
Sec. 232. Review of available supplemental foods.
Sec.
Sec.
Sec.
Sec.

241.
242.
243.
244.

Subtitle D—Miscellaneous
Nutrition education and obesity prevention grant program.
Procurement and processing of food service products and commodities.
Access to Local Foods: Farm to School Program.
Research on strategies to promote the selection and consumption of
healthy foods.

TITLE III—IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD
NUTRITION PROGRAMS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.
307.
308.

Subtitle A—National School Lunch Program
Privacy protection.
Applicability of food safety program on entire school campus.
Fines for violating program requirements.
Independent review of applications.
Program evaluation.
Professional standards for school food service.
Indirect costs.
Ensuring safety of school meals.

Subtitle B—Summer Food Service Program
Sec. 321. Summer food service program permanent operating agreements.
Sec. 322. Summer food service program disqualification.
Subtitle C—Child and Adult Care Food Program
Sec. 331. Renewal of application materials and permanent operating agreements.
Sec. 332. State liability for payments to aggrieved child care institutions.
Sec. 333. Transmission of income information by sponsored family or group day
care homes.
Sec. 334. Simplifying and enhancing administrative payments to sponsoring organizations.
Sec. 335. Child and adult care food program audit funding.
Sec. 336. Reducing paperwork and improving program administration.
Sec. 337. Study relating to the child and adult care food program.
Subtitle D—Special Supplemental Nutrition Program for Women, Infants, and
Children
Sec. 351. Sharing of materials with other programs.
Sec. 352. WIC program management.
Subtitle E—Miscellaneous
Sec. 361. Full use of Federal funds.
Sec. 362. Disqualified schools, institutions, and individuals.
TITLE IV—MISCELLANEOUS

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Subtitle A—Reauthorization of Expiring Provisions
PART I—RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 401. Commodity support.
Sec. 402. Food safety audits and reports by States.
Sec. 403. Procurement training.

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3243

SEC. 305. PROGRAM EVALUATION.

Section 28 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769i) is amended by adding at the end the following:
‘‘(c) COOPERATION WITH PROGRAM RESEARCH AND 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.’’.

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SEC. 306. PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.

Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776)
is amended by striking subsection (g) and inserting the following:
‘‘(g) PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.—
‘‘(1) CRITERIA FOR SCHOOL FOOD SERVICE AND STATE AGENCY
DIRECTORS.—
‘‘(A) SCHOOL FOOD SERVICE DIRECTORS.—
‘‘(i) IN GENERAL.—The Secretary shall establish a
program of required education, training, and certification for all school food service directors responsible
for the management of a school food authority.
‘‘(ii) REQUIREMENTS.—The program shall include—
‘‘(I) minimum educational requirements 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;
‘‘(II) minimum program training and certification criteria for school food service directors; and
‘‘(III) minimum periodic training criteria to
maintain school food service director certification.
‘‘(B) SCHOOL NUTRITION STATE AGENCY DIRECTORS.—
The Secretary shall establish criteria and standards for
States to use in the selection of State agency directors
with responsibility for the school lunch program established
under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.) and the school breakfast program
established by section 4 of this Act.
‘‘(C) TRAINING PROGRAM PARTNERSHIP.—The Secretary
may provide financial and other assistance to 1 or more
professional food service management organizations—
‘‘(i) to establish and manage the program under
this paragraph; and
‘‘(ii) to develop voluntary training and certification
programs for other school food service workers.
‘‘(D) REQUIRED DATE OF COMPLIANCE.—
‘‘(i) SCHOOL FOOD SERVICE DIRECTORS.—The 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

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124 STAT. 3244

certification criteria established in accordance with
subparagraph (A).
‘‘(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.
‘‘(2) TRAINING AND CERTIFICATION OF FOOD SERVICE PERSONNEL.—
‘‘(A) TRAINING FOR INDIVIDUALS CONDUCTING OR OVERSEEING ADMINISTRATIVE PROCEDURES.—
‘‘(i) IN GENERAL.—At least annually, each State
shall provide training in administrative practices
(including training in application, certification,
verification, meal counting, and meal claiming procedures) to local educational agency and school food
authority personnel and other appropriate personnel.
‘‘(ii) FEDERAL ROLE.—The Secretary shall—
‘‘(I) provide training and technical assistance
described in clause (i) to the State; or
‘‘(II) at the option of the Secretary, directly
provide training and technical assistance described
in clause (i).
‘‘(iii) REQUIRED PARTICIPATION.—In accordance
with procedures established by the Secretary, each
local educational agency or school food authority shall
ensure that an individual conducting or overseeing
administrative procedures described in clause (i)
receives training at least annually, unless determined
otherwise by the Secretary.
‘‘(B) TRAINING AND CERTIFICATION OF ALL LOCAL FOOD
SERVICE PERSONNEL.—
‘‘(i) IN GENERAL.—The Secretary shall provide
training designed to improve—
‘‘(I) the accuracy of approvals for free and
reduced price meals; and
‘‘(II) the identification of reimbursable meals
at the point of service.
‘‘(ii) CERTIFICATION OF LOCAL PERSONNEL.—In
accordance with criteria established by the Secretary,
local food service personnel shall complete annual
training and receive annual certification—
‘‘(I) to ensure program compliance and integrity; and
‘‘(II) to demonstrate competence in the training
provided under clause (i).
‘‘(iii) TRAINING MODULES.—In addition to the topics
described in clause (i), a training program carried out
under this subparagraph shall include training modules on—
‘‘(I) nutrition;

Deadline.

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Procedures.

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3245

‘‘(II) health and food safety standards and
methodologies; and
‘‘(III) any other appropriate topics, as determined by the Secretary.
‘‘(3) FUNDING.—
‘‘(A) IN GENERAL.—Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this subsection,
to remain available until expended—
‘‘(i) on October 1, 2010, $5,000,000; and
‘‘(ii) on each October 1 thereafter, $1,000,000.
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this subsection the funds transferred under subparagraph (A), without further appropriation.’’.

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SEC. 307. INDIRECT COSTS.

(a) GUIDANCE ON INDIRECT COSTS RULES.—Not later than 180
days after the date of enactment of this Act, the Secretary shall
issue guidance to school food authorities participating in the school
lunch program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast
program established by section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) covering program rules pertaining to indirect
costs, including allowable indirect costs that may be charged to
the nonprofit school food service account.
(b) INDIRECT COST STUDY.—The Secretary shall—
(1) conduct a study to assess the extent to which school
food authorities participating in the school lunch program 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—
(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);
(B) the impact of indirect costs charged to the nonprofit
school food service account;
(C) the types and amounts of indirect costs charged
and recovered by school districts;
(D) whether the indirect costs charged or recovered
are consistent with requirements for the allocation of
indirect costs and school food service operations; and
(E) the types and amounts of indirect costs that could
be charged or recovered under requirements for the allocation of indirect costs and school food service operations
but are not charged or recovered; and
(2) after completing the study required under paragraph
(1), issue additional guidance relating to the types of costs
that are reasonable and necessary to provide meals under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).

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Effective dates.

42 USC 1751
note.
Deadline.

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