Attachment H Healthy, Hunger Free Kids Act PUBLIC LAW 111-296 - DEC. 13, 2010

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. 3185

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

404.
405.
406.
407.
408.
409.

Authorization of the summer food service program for children.
Year-round services for eligible entities.
Training, technical assistance, and food service management institute.
Federal administrative support.
Compliance and accountability.
Information clearinghouse.

Sec.
Sec.
Sec.
Sec.

421.
422.
423.
424.

PART II—CHILD NUTRITION ACT OF 1966
Technology infrastructure improvement.
State administrative expenses.
Special supplemental nutrition program for women, infants, and children.
Farmers market nutrition program.

Subtitle B—Technical Amendments
Sec. 441. Technical amendments.
Sec. 442. Use of unspent future funds from the American Recovery and Reinvestment Act of 2009.
Sec. 443. Equipment assistance technical correction.
Sec. 444. Budgetary effects.
Sec. 445. Effective date.
7 USC 3179 note.

SEC. 2. DEFINITION OF SECRETARY.

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

TITLE I—A PATH TO END CHILDHOOD
HUNGER
Subtitle A—National School Lunch
Program

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SEC. 101. IMPROVING DIRECT CERTIFICATION.

(a) PERFORMANCE AWARDS.—Section 9(b)(4) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) is
amended—
(1) in the paragraph heading, by striking ‘‘FOOD STAMP’’
and inserting ‘‘SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM’’; and
(2) by adding at the end the following:
‘‘(E) PERFORMANCE AWARDS.—
‘‘(i) IN GENERAL.—Effective for each of the school
years beginning July 1, 2011, July 1, 2012, and July
1, 2013, the Secretary shall offer performance awards
to States to encourage the States to ensure that all
children eligible for direct certification under this paragraph are certified in accordance with this paragraph.
‘‘(ii) REQUIREMENTS.—For each school year
described in clause (i), the Secretary shall—
‘‘(I) consider State data from the prior school
year, including estimates contained in the report
required under section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a);
and
‘‘(II) make performance awards to not more
than 15 States that demonstrate, as determined
by the Secretary—
‘‘(aa) outstanding performance; and
‘‘(bb) substantial improvement.
‘‘(iii) USE OF FUNDS.—A State agency that receives
a performance award under clause (i)—

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124 STAT. 3186

PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(I) shall treat the funds as program income;
and

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‘‘(II) may transfer the funds to school food
authorities for use in carrying out the program.
‘‘(iv) FUNDING.—
‘‘(I) IN GENERAL.—On October 1, 2011, and
each subsequent October 1 through October 1,
2013, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary—
‘‘(aa) $2,000,000 to carry out clause
(ii)(II)(aa); and
‘‘(bb) $2,000,000 to carry out clause
(ii)(II)(bb).
‘‘(II) RECEIPT AND ACCEPTANCE.—The 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.
‘‘(v) PAYMENTS NOT SUBJECT TO JUDICIAL REVIEW.—
A determination by the Secretary whether, and in what
amount, to make a performance award under this
subparagraph shall not be subject to administrative
or judicial review.’’.
(b) CONTINUOUS IMPROVEMENT PLANS.—Section 9(b)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4))
(as amended by subsection (a)) is amended by adding at the end
the following:
‘‘(F) CONTINUOUS IMPROVEMENT PLANS.—
‘‘(i) DEFINITION OF REQUIRED PERCENTAGE.—In this
subparagraph, the term ‘required percentage’ means—
‘‘(I) for the school year beginning July 1, 2011,
80 percent;
‘‘(II) for the school year beginning July 1, 2012,
90 percent; and
‘‘(III) for the school year beginning July 1,
2013, and each school year thereafter, 95 percent.
‘‘(ii) REQUIREMENTS.—Each school year, the Secretary shall—
‘‘(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;
‘‘(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; and
‘‘(III) assist the States identified under subclause (I) to develop and implement a continuous
improvement plan in accordance with subclause
(II).
‘‘(iii) FAILURE TO MEET PERFORMANCE STANDARD.—

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3187

‘‘(I) IN GENERAL.—A State that is required to
develop and implement a continuous improvement
plan under clause (ii)(II) shall be required to
submit the continuous improvement plan to the
Secretary, for the approval of the Secretary.
‘‘(II) REQUIREMENTS.—At a minimum, a
continuous improvement plan under subclause (I)
shall include—
‘‘(aa) specific measures that the State will
use to identify more children who are eligible
for direct certification, including improvements or modifications to technology, information systems, or databases;
‘‘(bb) a timeline for the State to implement
those measures; and
‘‘(cc) goals for the State to improve direct
certification results.’’.
(c) WITHOUT FURTHER APPLICATION.—Section 9(b)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4))
(as amended by subsection (b)) is amended by adding at the end
the following:
‘‘(G) WITHOUT FURTHER APPLICATION.—
‘‘(i) IN GENERAL.—In this paragraph, the term
‘without further application’ means that no action is
required by the household of the child.
‘‘(ii) CLARIFICATION.—A requirement that a 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).’’.

Definition.

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SEC. 102. CATEGORICAL ELIGIBILITY OF FOSTER CHILDREN.

(a) DISCRETIONARY CERTIFICATION.—Section 9(b)(5) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5))
is amended—
(1) in subparagraph (C), by striking ‘‘or’’ at the end;
(2) in subparagraph (D), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(E)(i) a foster child whose care and placement is the
responsibility of an agency that administers a State plan
under part B or E of title IV of the Social Security Act
(42 U.S.C. 621 et seq.); or
‘‘(ii) a foster child who a court has placed with a
caretaker household.’’.
(b) CATEGORICAL ELIGIBILITY.—Section 9(b)(12)(A) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)(12)(A)) is amended—
(1) in clause (iv), by adding ‘‘)’’ before the semicolon at
the end;
(2) in clause (v), by striking ‘‘or’’ at the end;
(3) in clause (vi), by striking the period at the end and
inserting ‘‘; or’’; and
(4) by adding at the end the following:
‘‘(vii)(I) a foster child whose care and placement
is the responsibility of an agency that administers
a State plan under part B or E of title IV of the
Social Security Act (42 U.S.C. 621 et seq.); or

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124 STAT. 3188

PUBLIC LAW 111–296—DEC. 13, 2010

‘‘(II) a foster child who a court has placed with
a caretaker household.’’.
(c) DOCUMENTATION.—Section 9(d)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended—
(1) in subparagraph (D), by striking ‘‘or’’ at the end;
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(F)(i) documentation has been provided to the 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.); or
‘‘(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.’’.

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

(a) IN GENERAL.—Section 9(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding
at the end the following:
‘‘(15) DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID BENEFITS.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) ELIGIBLE CHILD.—The term ‘eligible child’
means a child—
‘‘(I)(aa) who is eligible for and receiving medical assistance under the Medicaid program; and
‘‘(bb) who is a member of a family with an
income as measured by the Medicaid program
before the application of any expense, block, or
other income disregard, that does not exceed 133
percent of the poverty line (as defined in section
673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2), including any revision
required by such section)) applicable to a family
of the size used for purposes of determining eligibility for the Medicaid program; or
‘‘(II) who is a member of a household (as that
term is defined in section 245.2 of title 7, Code
of Federal Regulations (or successor regulations)
with a child described in subclause (I).
‘‘(ii) MEDICAID PROGRAM.—The term ‘Medicaid program’ means the program of medical assistance established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
‘‘(B) DEMONSTRATION PROJECT.—
‘‘(i) IN GENERAL.—The Secretary, acting through
the Administrator of the Food and Nutrition Service
and in cooperation with selected State agencies, shall
conduct a demonstration project in selected local educational agencies to determine whether direct certification of eligible children is an effective method of
certifying children for free lunches and breakfasts

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3189

under section 9(b)(1)(A) of this Act and section
4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)(A)).
‘‘(ii) SCOPE OF PROJECT.—The Secretary shall carry
out the demonstration project under this subparagraph—
‘‘(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;
‘‘(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; and
‘‘(III) for the school year beginning July 1,
2014, and each subsequent school year, in selected
local educational agencies that collectively serve
10 percent of students certified for free and
reduced price meals nationwide, based on the most
recent available data.
‘‘(iii) PURPOSES OF THE PROJECT.—At a minimum,
the purposes of the demonstration project shall be—
‘‘(I) to determine the potential of direct certification with the Medicaid program to reach children
who are eligible for free meals but not certified
to receive the meals;
‘‘(II) to determine the potential of direct certification with the Medicaid program to directly certify children who are enrolled for free meals based
on a household application; and
‘‘(III) to provide an estimate of the effect on
Federal costs and on participation in the school
lunch program under this Act and the school
breakfast program established by section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773) of
direct certification with the Medicaid program.
‘‘(iv) COST ESTIMATE.—For each of 2 school years
of the demonstration project, the Secretary shall estimate the cost of the direct certification of eligible children for free school meals through data derived from—
‘‘(I) the school meal programs authorized
under this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
‘‘(II) the Medicaid program; and
‘‘(III) interviews with a statistically representative sample of households.
‘‘(C) AGREEMENT.—
‘‘(i) IN GENERAL.—Not later than July 1 of the
first school year during which a State agency will
participate in the demonstration project, the State
agency shall enter into an agreement with the 1 or
more State agencies conducting eligibility determinations for the Medicaid program.

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124 STAT. 3190
Procedures.

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‘‘(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)).
‘‘(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)).
‘‘(E) SITE SELECTION.—
‘‘(i) IN GENERAL.—To be eligible to participate in
the demonstration project under this subsection, a
State agency shall submit to the Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
‘‘(ii) CONSIDERATIONS.—In selecting States and
local educational agencies for participation in the demonstration project, the Secretary may take into consideration such factors as the Secretary considers to be
appropriate, which may include—
‘‘(I) the rate of direct certification;
‘‘(II) the share of individuals who are eligible
for benefits under the supplemental nutrition
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
who participate in the program, as determined
by the Secretary;
‘‘(III) the income eligibility limit for the Medicaid program;
‘‘(IV) the feasibility of matching data between
local educational agencies and the Medicaid program;
‘‘(V) the socioeconomic profile of the State or
local educational agencies; and
‘‘(VI) the willingness of the State and local
educational agencies to comply with the requirements of the demonstration project.
‘‘(F) ACCESS TO DATA.—For purposes of conducting the
demonstration project under this paragraph, the Secretary
shall have access to—
‘‘(i) educational and other records of State and
local educational and other agencies and institutions
receiving funding or providing benefits for 1 or more
programs authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
‘‘(ii) income and program participation information
from public agencies administering the Medicaid program.
‘‘(G) REPORT TO CONGRESS.—

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124 STAT. 3191

‘‘(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.
‘‘(ii) FINAL REPORT.—Not later than October 1,
2015, the Secretary shall submit a final report to the
committees described in clause (i).
‘‘(H) FUNDING.—
‘‘(i) IN GENERAL.—On October 1, 2010, out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary to carry out subparagraph (G) $5,000,000, to
remain available until expended.
‘‘(ii) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out subparagraph (G) the funds transferred under clause (i), without further appropriation.’’.
(b) DOCUMENTATION.—Section 9(d)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(d)(2)) (as amended
by section 102(c)) is amended—
(1) in subparagraph (E), by striking ‘‘or’’ at the end;
(2) in subparagraph (F)(ii), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(G) documentation has been provided to the appropriate local educational agency showing the status of the
child as an eligible child (as defined in subsection
(b)(15)(A)).’’.
(c) AGREEMENT FOR DIRECT CERTIFICATION AND COOPERATION
BY STATE MEDICAID AGENCIES.—
(1) IN GENERAL.—Section 1902(a)(7) of the Social Security
Act (42 U.S.C. 1396a(a)(7)) is amended to read as follows:
‘‘(7) provide—
‘‘(A) safeguards which restrict the use or disclosure
of information concerning applicants and recipients to purposes directly connected with—
‘‘(i) the administration of the plan; and
‘‘(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; and
‘‘(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—
‘‘(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

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124 STAT. 3192

42 USC 1396a
note.

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PUBLIC LAW 111–296—DEC. 13, 2010

in section 673(2) of the Community Services Block
Grant Act, including any revision required by such
section), as determined without regard to any expense,
block, or other income disregard, applicable to a family
of the size involved, may be certified as eligible for
free lunches under the Richard B. Russell National
School Lunch Act and free breakfasts under the Child
Nutrition Act of 1966 without further application; and
‘‘(ii) the State agencies responsible for 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;’’.
(2) EFFECTIVE DATE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the amendments made by this subsection shall take
effect on the date of enactment of this Act.
(B) EXTENSION OF EFFECTIVE DATE FOR STATE LAW
AMENDMENT.—In the case of a State plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) which
the Secretary of Health and Human Services determines
requires State legislation in order for the plan to meet
the additional requirements imposed by the amendments
made by this section, the State plan shall not be regarded
as failing to comply with the requirements of the 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.
(d) CONFORMING AMENDMENTS.—Section 444(b)(1) of the General Education Provisions Act (20 U.S.C. 1232g(b)(1)) is amended—
(1) in subparagraph (I), by striking ‘‘and’’ at the end;
(2) in subparagraph (J)(ii), by striking the period at the
end and inserting ‘‘; and’’;
(3) by adding at the end the following:
‘‘(K) the Secretary of Agriculture, or authorized 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—
‘‘(i) any data collected under this subparagraph shall
be protected in a manner that will not permit the personal

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3193

identification of students and their parents by other than
the authorized representatives of the Secretary; and
‘‘(ii) any personally identifiable data shall be destroyed
when the data are no longer needed for program monitoring, evaluations, and performance measurements.’’.

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SEC.

104.

ELIMINATING INDIVIDUAL
COMMUNITY ELIGIBILITY.

APPLICATIONS

THROUGH

(a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS.—
(1) ELIGIBILITY.—Section 11(a)(1) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended
by adding at the end the following:
‘‘(F) UNIVERSAL MEAL SERVICE IN HIGH POVERTY
AREAS.—
‘‘(i) DEFINITION OF IDENTIFIED STUDENTS.—The
term ‘identified students’ means students certified
based on documentation of benefit receipt or categorical
eligibility as described in section 245.6a(c)(2) of title
7, Code of Federal Regulations (or successor regulations).
‘‘(ii) ELECTION OF SPECIAL ASSISTANCE PAYMENTS.—
‘‘(I) IN GENERAL.—A local educational agency
may, for all schools in the district or on behalf
of certain schools in the district, elect to receive
special assistance payments under this subparagraph in lieu of special assistance payments otherwise made available under this paragraph based
on applications for free and reduced price lunches
if—
‘‘(aa) during a period of 4 successive school
years, the local educational agency elects to
serve all children in the applicable schools
free lunches and breakfasts under the school
lunch program under this Act and the school
breakfast program established under section
4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773);
‘‘(bb) the local educational agency pays,
from sources other than Federal funds, the
costs of serving the lunches or breakfasts that
are in excess of the value of assistance received
under this Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.);
‘‘(cc) the local educational agency is not
a residential child care institution (as that
term is used in section 210.2 of title 7, Code
of Federal Regulations (or successor regulations)); and
‘‘(dd) during the school year prior to the
first year of the period for which the local
educational agency elects to receive special
assistance payments under this subparagraph,
the local educational agency or school had a
percentage of enrolled students who were
identified students that meets or exceeds the
threshold described in clause (viii).

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PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(II)

ELECTION TO STOP RECEIVING PAYlocal 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.
‘‘(iii) FIRST YEAR OF OPTION.—
‘‘(I) SPECIAL ASSISTANCE PAYMENT.—For each
month of the first school year of the 4-year period
during which a school or local educational agency
elects to receive payments under this 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—
‘‘(aa) the multiplier described in clause
(vii); by
‘‘(bb) the percentage of identified students
at the school or local educational agency as
of April 1 of the prior school year, up to a
maximum of 100 percent.
‘‘(II) PAYMENT FOR OTHER MEALS.—The
percentage of meals served that is not described
in subclause (I) shall be reimbursed at the rate
provided under section 4.
‘‘(iv) SECOND, THIRD, OR FOURTH YEAR OF OPTION.—
‘‘(I) SPECIAL ASSISTANCE PAYMENT.—For each
month of the second, third, or fourth school year
of the 4-year period during which a school or local
educational agency elects to receive payments
under this subparagraph, special assistance payments at the rate for free meals shall be made
under this subparagraph for a percentage of all
reimbursable meals served in an amount equal
to the product obtained by multiplying—
‘‘(aa) the multiplier described in clause
(vii); by
‘‘(bb) the 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.
‘‘(II) PAYMENT FOR OTHER MEALS.—The
percentage of meals served that is not described
in subclause (I) shall be reimbursed at the rate
provided under section 4.
‘‘(v) GRACE YEAR.—
MENTS.—A

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124 STAT. 3195

‘‘(I) IN GENERAL.—If, not later than April 1
of the fourth year of a 4-year period described
in clause (ii)(I), a school or local educational agency
has a percentage of enrolled students who are
identified students that meets or exceeds a
percentage that is 10 percentage points lower than
the threshold described in clause (viii), the school
or local educational agency may elect to receive
special assistance payments under subclause (II)
for an additional grace year.
‘‘(II) SPECIAL ASSISTANCE PAYMENT.—For each
month of a grace year, special assistance payments
at the rate for free meals shall be made under
this subparagraph for a percentage of all reimbursable meals served in an amount equal to the
product obtained by multiplying—
‘‘(aa) the multiplier described in clause
(vii); by
‘‘(bb) the percentage of identified students
at the school or local educational agency as
of April 1 of the prior school year, up to a
maximum of 100 percent.
‘‘(III) PAYMENT FOR OTHER MEALS.—The
percentage of meals served that is not described
in subclause (II) shall be reimbursed at the rate
provided under section 4.
‘‘(vi) APPLICATIONS.—A school or local educational
agency that receives special assistance payments under
this subparagraph may not be required to collect
applications for free and reduced price lunches.
‘‘(vii) MULTIPLIER.—
‘‘(I) PHASE-IN.—For each school year beginning
on or before July 1, 2013, the multiplier shall
be 1.6.
‘‘(II) FULL IMPLEMENTATION.—For each school
year beginning on or after July 1, 2014, the Secretary may use, as determined by the Secretary—
‘‘(aa) a multiplier between 1.3 and 1.6;
and
‘‘(bb) subject to item (aa), a different multiplier for different schools or local educational
agencies.
‘‘(viii) THRESHOLD.—
‘‘(I) PHASE-IN.—For each school year beginning
on or before July 1, 2013, the threshold shall be
40 percent.
‘‘(II) FULL IMPLEMENTATION.—For each school
year beginning on or after July 1, 2014, the Secretary may use a threshold that is less than 40
percent.
‘‘(ix) PHASE-IN.—
‘‘(I) IN GENERAL.—In selecting States for
participation during the phase-in period, the 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.

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124 STAT. 3196

PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(II) LIMITATION.—The Secretary may not
approve additional schools and local educational
agencies to receive special assistance payments
under this subparagraph after the Secretary has
approved schools and local educational agencies
in—
‘‘(aa) for the school year beginning on July
1, 2011, 3 States; and
‘‘(bb) for each of the school years beginning
July 1, 2012 and July 1, 2013, an additional
4 States per school year.
‘‘(x) ELECTION OF OPTION.—
‘‘(I) IN GENERAL.—For each school year 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.
‘‘(II) STATE AGENCY NOTIFICATION.—Not later
than May 1 of each school year beginning on or
after July 1, 2011, each State agency with schools
or local educational agencies that may be eligible
to elect to receive special assistance payments
under this subparagraph shall notify—
‘‘(aa) each local educational agency that
meets or exceeds the threshold described in
clause (viii) that the local educational agency
is eligible to elect to receive special assistance
payments under clause (iii) for the next 4
school years, of the blended reimbursement
rate the local educational agency would receive
under clause (iii), and of the procedures for
the local educational agency to make the election;
‘‘(bb) each local educational agency that
receives special assistance payments under
clause (iii) of the blended reimbursement rate
the local educational agency would receive
under clause (iv);
‘‘(cc) each local educational agency in the
fourth year of electing to receive special 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; and

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124 STAT. 3197

‘‘(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.
‘‘(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).
‘‘(IV) PUBLIC NOTIFICATION OF SCHOOLS.—Not
later than May 1 of each school year beginning
on or after July 1, 2011, each local educational
agency in a State with 1 or more schools eligible
to elect to receive special assistance payments
under clause (iii) shall submit to the State agency,
and the State agency shall publish—
‘‘(aa) a list of the schools that meet or
exceed the threshold described in clause (viii);
‘‘(bb) a list of the schools that meet or
exceed a percentage that is 10 percentage
points lower than the threshold described in
clause (viii) and that are in the fourth year
of receiving special assistance payments under
clause (iv); and
‘‘(cc) a list of the schools that meet or
exceed a percentage that is 10 percentage
points lower than the threshold described in
clause (viii).
‘‘(xi) IMPLEMENTATION.—
‘‘(I) GUIDANCE.—Not later than 90 days after
the date of enactment of this subparagraph, the
Secretary shall issue guidance to implement this
subparagraph.
‘‘(II) REGULATIONS.—Not later than December
31, 2013, the Secretary shall promulgate 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.
‘‘(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—

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124 STAT. 3198

PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(aa) each local educational agency that
may elect to receive special assistance payments under clause (ii);
‘‘(bb) the blended reimbursement rate that
each local educational agency would receive;
and
‘‘(cc) an explanation of the methodology
used to calculate the multiplier or threshold
for each school or local educational agency.
‘‘(xii) REPORT.—Not later than December 31, 2013,
the Secretary shall publish a report that describes—
‘‘(I) an estimate of the number of schools and
local educational agencies eligible to elect to
receive special assistance payments under this
subparagraph that do not elect to receive the payments;
‘‘(II) for schools and local educational agencies
described in subclause (I)—
‘‘(aa) barriers to participation in the special assistance option under this subparagraph, as described by the nonparticipating
schools and local educational agencies; and
‘‘(bb) changes to the special assistance
option under this subparagraph that would
make eligible schools and local educational
agencies more likely to elect to receive special
assistance payments;
‘‘(III) for schools and local educational agencies
that elect to receive special assistance payments
under this subparagraph—
‘‘(aa) the number of schools and local educational agencies;
‘‘(bb) an estimate of the percentage of
identified students and the percentage of
enrolled students who were certified to receive
free or reduced price meals in the school year
prior to the election to receive special assistance payments under this subparagraph, and
a description of how the ratio between those
percentages compares to 1.6;
‘‘(cc) an estimate of the number and share
of schools and local educational agencies in
which more than 80 percent of students are
certified for free or reduced price meals that
elect to receive special assistance payments
under that clause; and
‘‘(dd) whether any of the schools or local
educational agencies stopped electing to
receive special assistance payments under this
subparagraph;
‘‘(IV) the impact of electing to receive special
assistance payments under this subparagraph on—
‘‘(aa) program integrity;
‘‘(bb) whether a breakfast program is
offered;
‘‘(cc) the type of breakfast program offered;

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3199

‘‘(dd) the nutritional quality of school
meals; and
‘‘(ee) program participation; and
‘‘(V) the multiplier and threshold, as described
in clauses (vii) and (viii) respectively, that the
Secretary will use for each school year beginning
on or after July 1, 2014 and the rationale for
any change in the multiplier or threshold.
‘‘(xiii) FUNDING.—
‘‘(I) IN GENERAL.—On October 1, 2010, out of
any funds in the Treasury not otherwise 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.
‘‘(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.’’.
(2) CONFORMING AMENDMENTS.—Section 11(a)(1)(B) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)(B)) is amended by striking ‘‘or (E)’’ and inserting
‘‘(E), or (F)’’.
(b) UNIVERSAL MEAL SERVICE THROUGH CENSUS DATA.—Section
11 of the Richard B. Russell National School Lunch Act (42 U.S.C.
1759a) is amended by adding at the end the following:
‘‘(g) UNIVERSAL MEAL SERVICE THROUGH CENSUS DATA.—
‘‘(1) IN GENERAL.—To the maximum extent practicable, the
Secretary shall identify alternatives to—
‘‘(A) the daily counting by category of meals provided
by school lunch programs under this Act and the school
breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773); and
‘‘(B) the use of annual applications as the basis for
eligibility to receive free meals or reduced price meals
under this Act.
‘‘(2) RECOMMENDATIONS.—
‘‘(A) CONSIDERATIONS.—
‘‘(i) IN GENERAL.—In identifying alternatives under
paragraph (1), the Secretary shall consider the 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.
‘‘(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.
‘‘(iii) SURVEY PARAMETERS.—The Secretary shall
establish requirements for the use of a socioeconomic
survey under clause (ii), which shall—
‘‘(I) include criteria for survey design, sample
frame validity, minimum level of statistical precision, minimum survey response rates, frequency

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124 STAT. 3200

PUBLIC LAW 111–296—DEC. 13, 2010
of data collection, and other criteria as determined
by the Secretary;
‘‘(II) be consistent with the Standards and
Guidelines for Statistical Surveys, as published
by the Office of Management and Budget;
‘‘(III) be consistent with standards and
requirements that ensure proper use of Federal
funds; and
‘‘(IV) specify that the socioeconomic survey be
conducted at least once every 4 years.
‘‘(B) USE OF ALTERNATIVES.—Alternatives described in
subparagraph (A) that provide accurate and effective means
of providing meal reimbursement consistent with the eligibility status of students may be—
‘‘(i) implemented for use in schools or by school
food authorities that agree—
‘‘(I) to serve all breakfasts and lunches to students at no cost in accordance with regulations
issued by the Secretary; and
‘‘(II) to pay, from sources other than Federal
funds, the costs of serving any lunches and 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; or
‘‘(ii) further tested through demonstration projects
carried out by the Secretary in accordance with
subparagraph (C).
‘‘(C) DEMONSTRATION PROJECTS.—
‘‘(i) IN GENERAL.—For the purpose of carrying out
demonstration projects described in subparagraph (B),
the Secretary may waive any requirement of this Act
relating to—
‘‘(I) counting of meals provided by school lunch
or breakfast programs;
‘‘(II) applications for eligibility for free or
reduced priced meals; or
‘‘(III) required direct certification under section
9(b)(4).
‘‘(ii) NUMBER OF PROJECTS.—The Secretary shall
carry out demonstration projects under this paragraph
in not more than 5 local educational agencies for each
alternative model that is being tested.
‘‘(iii) LIMITATION.—A demonstration project carried
out under this paragraph shall have a duration of
not more than 3 years.
‘‘(iv) EVALUATION.—The Secretary shall evaluate
each demonstration project carried out under this paragraph in accordance with procedures established by
the Secretary.
‘‘(v) REQUIREMENT.—In carrying out evaluations
under clause (iv), the Secretary shall evaluate, using
comparisons with local educational agencies with
similar demographic characteristics—
‘‘(I) the accuracy of the 1 or more methodologies adopted as compared to the daily counting

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124 STAT. 3201

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;
‘‘(II) the effect of the 1 or more methodologies
adopted on participation in programs under those
Acts;
‘‘(III) the effect of the 1 or more methodologies
adopted on administration of programs under those
Acts; and
‘‘(IV) such other matters as the Secretary
determines to be appropriate.’’.
SEC. 105. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS.

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

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

42 USC 1793.

‘‘(a) DEFINITION OF QUALIFYING SCHOOL.—In this section, the
term ‘qualifying school’ means a school in severe need, as described
in section 4(d)(1).
‘‘(b) ESTABLISHMENT.—Subject to the availability of 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.
‘‘(c) GRANTS TO STATE EDUCATIONAL AGENCIES.—
‘‘(1) APPLICATION.—To be eligible to receive a grant under
this section, a State educational agency shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(2) ADMINISTRATION.—In carrying out this section, the Secretary shall—
‘‘(A) develop an appropriate competitive application
process; and
‘‘(B) make information available to State educational
agencies concerning the availability of funds under this
section.
‘‘(3) ALLOCATION.—The amount of grants provided by the
Secretary to State educational agencies for a fiscal year under
this section shall not exceed the lesser of—
‘‘(A) the product obtained by multiplying—
‘‘(i) the number of qualifying schools receiving subgrants or other benefits under subsection (d) for the
fiscal year; and
‘‘(ii) the maximum amount of a subgrant provided
to a qualifying school under subsection (d)(4)(B); or
‘‘(B) $2,000,000.
‘‘(d) SUBGRANTS TO QUALIFYING SCHOOLS.—
‘‘(1) IN GENERAL.—A State educational agency receiving
a grant under this section shall use funds made available

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PUBLIC LAW 111–296—DEC. 13, 2010
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.
‘‘(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.).
‘‘(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.
‘‘(4) AMOUNT; TERM.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
this paragraph, a subgrant provided by a State educational
agency to a local educational agency or qualifying school
under this section shall be in such amount, and shall
be provided for such term, as the State educational agency
determines appropriate.
‘‘(B) MAXIMUM AMOUNT.—The amount of a subgrant
provided by a State educational agency to a local educational agency for a qualifying school or a group of qualifying schools under this subsection shall not exceed $10,000
for each school year.
‘‘(C) MAXIMUM GRANT TERM.—A local educational
agency or State educational agency shall not provide subgrants to a qualifying school under this subsection for
more than 2 fiscal years.
‘‘(e) BEST PRACTICES.—
‘‘(1) IN GENERAL.—Prior to awarding grants under this
section, the Secretary shall make available to State educational
agencies information regarding the most effective mechanisms
by which to increase school breakfast participation among
eligible children at qualifying schools.
‘‘(2) PREFERENCE.—In awarding subgrants under this 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).
‘‘(f) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A qualifying school may use a grant
provided under this section—
‘‘(A) to establish, promote, or expand a school breakfast
program of the qualifying school under this section, which
shall include a nutritional education component;
‘‘(B) to extend the period during which school breakfast
is available at the qualifying school;
‘‘(C) to provide school breakfast to students of the
qualifying school during the school day; or
‘‘(D) for other appropriate purposes, as determined by
the Secretary.
‘‘(2) REQUIREMENT.—Each activity of a qualifying school
under this subsection shall be carried out in accordance with

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124 STAT. 3203

applicable nutritional guidelines and regulations issued by the
Secretary.
‘‘(g) MAINTENANCE OF EFFORT.—Grants made available under
this section shall not diminish or otherwise affect the expenditure
of funds from State and local sources for the maintenance of the
school breakfast program.
‘‘(h) REPORTS.—Not later than 18 months following the end
of a school year during which subgrants are awarded under this
section, the Secretary shall submit to Congress a report describing
the activities of the qualifying schools awarded subgrants.
‘‘(i) EVALUATION.—Not later than 180 days before the end of
a grant term under this section, a local educational agency that
receives a subgrant under this section shall—
‘‘(1) evaluate whether electing to provide universal free
breakfasts under the school breakfast program in accordance
with Provision 2 as established under subsections (b) through
(k) of section 245.9 of title 7, Code of Federal Regulations
(or successor regulations), would be cost-effective for the qualified schools based on estimated administrative savings and
economies of scale; and
‘‘(2) submit the results of the evaluation to the State educational agency.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as are
necessary for each of fiscal years 2010 through 2015.’’.

Deadline.

Subtitle B—Summer Food Service Program

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

Section 13(a) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761(a)) is amended by striking paragraph (7) and
inserting the following:
‘‘(7) PRIVATE NONPROFIT ORGANIZATIONS.—
‘‘(A) DEFINITION OF PRIVATE NONPROFIT ORGANIZATION.—In this paragraph, the term ‘private nonprofit
organization’ means an organization that—
‘‘(i) exercises full control and authority over the
operation of the program at all sites under the sponsorship of the organization;
‘‘(ii) provides ongoing year-round activities for children or families;
‘‘(iii) demonstrates that the organization has adequate management and the fiscal capacity to operate
a program under this section;
‘‘(iv) is an organization described in section 501(c)
of the Internal Revenue Code of 1986 and exempt
from taxation under 501(a) of that Code; and
‘‘(v) meets applicable State and local health, safety,
and sanitation standards.
‘‘(B) ELIGIBILITY.—Private nonprofit organizations
(other than organizations eligible under paragraph (1))
shall be eligible for the program under the same terms
and conditions as other service institutions.’’.

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PUBLIC LAW 111–296—DEC. 13, 2010

SEC. 112. OUTREACH TO ELIGIBLE FAMILIES.

Section 13(a) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761(a)) is amended by adding at the end the
following:
‘‘(11) OUTREACH TO ELIGIBLE FAMILIES.—
‘‘(A) IN GENERAL.—The Secretary shall require each
State agency that administers the national school lunch
program under this Act to ensure that, to the maximum
extent practicable, school food authorities participating in
the school lunch program under this Act cooperate with
participating service institutions to distribute materials to
inform families of—
‘‘(i) the availability and location of summer food
service program meals; and
‘‘(ii) the availability of reimbursable breakfasts
served under the school breakfast program established
by section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773).
‘‘(B) INCLUSIONS.—Informational activities carried out
under subparagraph (A) may include—
‘‘(i) the development or dissemination of printed
materials, to be distributed to all school children or
the families of school children prior to the end of the
school year, that inform families of the availability
and location of summer food service program meals;
‘‘(ii) the development or dissemination of materials,
to be distributed using electronic means to all school
children or the families of school children prior to
the end of the school year, that inform families of
the availability and location of summer food service
program meals; and
‘‘(iii) such other activities as are approved by the
applicable State agency to promote the availability and
location of summer food service program meals to
school children and the families of school children.
‘‘(C) MULTIPLE STATE AGENCIES.—If the State agency
administering the program under this section is not the
same State agency that administers the school lunch program under this Act, the 2 State agencies shall work
cooperatively to implement this paragraph.’’.

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SEC. 113. SUMMER FOOD SERVICE SUPPORT GRANTS.

Section 13(a) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761(a)) (as amended by section 112) is amended
by adding at the end the following:
‘‘(12) SUMMER FOOD SERVICE SUPPORT GRANTS.—
‘‘(A) IN GENERAL.—The Secretary shall use funds made
available to carry out this paragraph to award grants on
a competitive basis to State agencies to provide to eligible
service institutions—
‘‘(i) technical assistance;
‘‘(ii) assistance with site improvement costs; or
‘‘(iii) other innovative activities that improve and
encourage sponsor retention.
‘‘(B) ELIGIBILITY.—To be eligible to receive a grant
under this paragraph, a State agency shall submit an
application to the Secretary in such manner, at such time,

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3205

and containing such information as the Secretary may
require.
‘‘(C) PRIORITY.—In making grants under this paragraph, the Secretary shall give priority to—
‘‘(i) applications from States with significant lowincome child populations; and
‘‘(ii) State plans that demonstrate innovative
approaches to retain and support summer food service
programs after the expiration of the start-up funding
grants.
‘‘(D) USE OF FUNDS.—A State and eligible service
institution may use funds made available under this paragraph to pay for such costs as the Secretary determines
are necessary to establish and maintain summer food
service programs.
‘‘(E) REALLOCATION.—The Secretary may reallocate any
amounts made available to carry out this paragraph that
are not obligated or expended, as determined by the Secretary.
‘‘(F) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this paragraph
$20,000,000 for fiscal years 2011 through 2015.’’.

Subtitle C—Child and Adult Care Food
Program
SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINATIONS IN THE
CHILD AND ADULT CARE FOOD PROGRAM.

Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)(bb)) is amended
by striking ‘‘elementary’’.

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

Section 17(r) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(r)) is amended by striking paragraph (5) and
inserting the following:
‘‘(5) LIMITATION.—An institution participating in the program under this subsection may not claim reimbursement for
meals and snacks that are served under section 18(h) on the
same day.
‘‘(6) HANDBOOK.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of the Healthy, Hunger-Free Kids Act
of 2010, the Secretary shall—
‘‘(i) issue guidelines for afterschool meals for atrisk school children; and
‘‘(ii) publish a handbook reflecting those guidelines.
‘‘(B) REVIEW.—Each year after the issuance of guidelines under subparagraph (A), the Secretary shall—
‘‘(i) review the guidelines; and
‘‘(ii) issue a revised handbook reflecting changes
made to the guidelines.’’.

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PUBLIC LAW 111–296—DEC. 13, 2010

Subtitle D—Special Supplemental Nutrition Program for Women, Infants, and
Children
SEC. 131. CERTIFICATION PERIODS.

Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(3)(A)) is amended by adding at the end the following:
‘‘(iii) CHILDREN.—A State may elect to certify
participant children for a period of up to 1 year, if
the State electing the option provided under this clause
ensures that participant children receive required
health and nutrition assessments.’’.

Subtitle E—Miscellaneous
SEC. 141. CHILDHOOD HUNGER RESEARCH.

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

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42 USC 1769d.

‘‘SEC. 23. CHILDHOOD HUNGER RESEARCH.

‘‘(a) RESEARCH ON CAUSES AND CONSEQUENCES OF CHILDHOOD
HUNGER.—
‘‘(1) IN GENERAL.—The Secretary shall conduct research
on—
‘‘(A) the causes of childhood hunger and food insecurity;
‘‘(B) the characteristics of households with childhood
hunger and food insecurity; and
‘‘(C) the consequences of childhood hunger and food
insecurity.
‘‘(2) AUTHORITY.—In carrying out research under paragraph
(1), the Secretary may—
‘‘(A) enter into competitively awarded contracts or
cooperative agreements; or
‘‘(B) provide grants to States or public or private agencies or organizations, as determined by the Secretary.
‘‘(3) APPLICATION.—To be eligible to enter into a contract
or cooperative agreement or receive a grant under this 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.
‘‘(4) AREAS OF INQUIRY.—The Secretary shall design the
research program to advance knowledge and understanding
of information on the issues described in paragraph (1), such
as—
‘‘(A) economic, health, social, cultural, demographic,
and other factors that contribute to childhood hunger or
food insecurity;
‘‘(B) the geographic distribution of childhood hunger
and food insecurity;
‘‘(C) the extent to which—
‘‘(i) existing Federal assistance programs, including
the Internal Revenue Code of 1986, reduce childhood
hunger and food insecurity; and

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124 STAT. 3207

‘‘(ii) childhood hunger and food insecurity persist
due to—
‘‘(I) gaps in program coverage;
‘‘(II) the inability of potential participants to
access programs; or
‘‘(III) the insufficiency of program benefits or
services;
‘‘(D) the public health and medical costs of childhood
hunger and food insecurity;
‘‘(E) an estimate of the degree to which the Census
Bureau measure of food insecurity underestimates childhood hunger and food insecurity because the Census
Bureau excludes certain households, such as homeless, or
other factors;
‘‘(F) the effects of childhood hunger on child development, well-being, and educational attainment; and
‘‘(G) such other critical outcomes as are determined
by the Secretary.
‘‘(5) FUNDING.—
‘‘(A) IN GENERAL.—On October 1, 2012, out of any
funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to
carry out this subsection $10,000,000, to remain available
until expended.
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this subsection the funds transferred under subparagraph (A), without further appropriation.
‘‘(b) DEMONSTRATION PROJECTS TO END CHILDHOOD HUNGER.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CHILD.—The term ‘child’ means a person under
the age of 18.
‘‘(B) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—
The term ‘supplemental nutrition assistance program’
means the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.).
‘‘(2) PURPOSE.—Under such terms and conditions as are
established by the Secretary, the Secretary shall carry out
demonstration projects that test innovative strategies to end
childhood hunger, including alternative models for service
delivery and benefit levels that promote the reduction or elimination of childhood hunger and food insecurity.
‘‘(3) PROJECTS.—Demonstration projects carried out under
this subsection may include projects that—
‘‘(A) enhance benefits provided under the supplemental
nutrition assistance program for eligible households with
children;
‘‘(B) enhance benefits or provide for innovative program
delivery models in the school meals, afterschool snack,
and child and adult care food programs under this Act
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.); and
‘‘(C) target Federal, State, or local assistance, including
emergency housing or family preservation services, at
households with children who are experiencing hunger or
food insecurity, to the extent permitted by the legal

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124 STAT. 3208

PUBLIC LAW 111–296—DEC. 13, 2010
authority establishing those assistance programs and services.
‘‘(4) GRANTS.—
‘‘(A) DEMONSTRATION PROJECTS.—
‘‘(i) IN GENERAL.—In carrying out this subsection,
the Secretary may enter into competitively awarded
contracts or cooperative agreements with, or provide
grants to, public or private organizations or agencies
(as determined by the Secretary), for use in accordance
with demonstration projects that meet the purposes
of this subsection.
‘‘(ii) REQUIREMENT.—At least 1 demonstration
project funded under this subsection shall be carried
out on an Indian reservation in a rural area with
a service population with a prevalence of diabetes that
exceeds 15 percent, as determined by the Director of
the Indian Health Service.
‘‘(B) APPLICATION.—To be eligible to receive a contract,
cooperative agreement, or grant under this subsection, an
organization or agency shall submit to the Secretary an
application at such time, in such manner, and containing
such information as the Secretary may require.
‘‘(C) SELECTION CRITERIA.—Demonstration projects
shall be selected based on publicly disseminated criteria
that may include—
‘‘(i) an identification of a low-income target group
that reflects individuals experiencing hunger or food
insecurity;
‘‘(ii) a commitment to a demonstration project that
allows for a rigorous outcome evaluation as described
in paragraph (6);
‘‘(iii) a focus on innovative strategies to reduce
the risk of childhood hunger or provide a significant
improvement to the food security status of households
with children; and
‘‘(iv) such other criteria as are determined by the
Secretary.
‘‘(5) CONSULTATION.—In determining the range of projects
and defining selection criteria under this subsection, the Secretary shall consult with—
‘‘(A) the Secretary of Health and Human Services;
‘‘(B) the Secretary of Labor; and
‘‘(C) the Secretary of Housing and Urban Development.
‘‘(6) EVALUATION AND REPORTING.—
‘‘(A) INDEPENDENT EVALUATION.—The Secretary shall
provide for an independent evaluation of each demonstration project carried out under this subsection that—
‘‘(i) measures the impact of each demonstration
project on appropriate participation, food security,
nutrition, and associated behavioral outcomes among
participating households; and
‘‘(ii) uses rigorous experimental designs and 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

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124 STAT. 3209

incidence of food insecurity and hunger in the community, especially among children.
‘‘(B) REPORTING.—Not later than December 31, 2013
and each December 31 thereafter until the date on which
the last evaluation under subparagraph (A) is completed,
the Secretary shall—
‘‘(i) submit to the Committee on Agriculture and
the Committee on Education and Labor of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
includes a description of—
‘‘(I) the status of each demonstration project;
and
‘‘(II) the results of any evaluations of the demonstration projects completed during the previous
fiscal year; and
‘‘(ii) ensure that the evaluation results are shared
broadly to inform policy makers, service providers,
other partners, and the public in order to promote
the wide use of successful strategies.
‘‘(7) FUNDING.—
‘‘(A) IN GENERAL.—On October 1, 2012, out of any
funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to
carry out this subsection $40,000,000, to remain available
until September 30, 2017.
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this subsection the funds transferred under subparagraph (A), without further appropriation.
‘‘(C) USE OF FUNDS.—
‘‘(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.
‘‘(ii) INDIAN RESERVATIONS.—Of amounts made
available under subparagraph (A), the Secretary shall
use a portion of the amounts to carry out research
relating to hunger, obesity and type 2 diabetes on
Indian reservations, including research to determine
the manner in which Federal nutrition programs can
help to overcome those problems.
‘‘(iii) REPORT.—Not later than 1 year after the
date of enactment of this section, the Secretary shall
submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that—
‘‘(I) describes the manner in which Federal
nutrition programs can help to overcome child
hunger nutrition problems on Indian reservations;
and
‘‘(II) contains proposed administrative and
legislative recommendations to strengthen and
streamline all relevant Department of Agriculture

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124 STAT. 3210

PUBLIC LAW 111–296—DEC. 13, 2010
nutrition programs to reduce childhood hunger,
obesity, and type 2 diabetes on Indian reservations.
‘‘(D) LIMITATIONS.—
‘‘(i) DURATION.—No project may be funded under
this subsection for more than 5 years.
‘‘(ii) PROJECT REQUIREMENTS.—No project that
makes use of, alters, or coordinates with the 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)).
‘‘(iii) HUNGER-FREE COMMUNITIES.—No project may
be funded under this subsection that receives funding
under section 4405 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 7517).
‘‘(iv) OTHER BENEFITS.—Funds made available
under this subsection may not be used for any project
in a manner that is inconsistent with—
‘‘(I) this Act;
‘‘(II) the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
‘‘(III) the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.); or
‘‘(IV) the Emergency Food Assistance Act of
1983 (7 U.S.C. 7501 et seq.).’’.

SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.

The Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) is amended by inserting after section 23 (as added
by section 141) the following:

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42 USC 1769e.

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

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CHILD.—The term ‘child’ means a person under the
age of 18.
‘‘(2) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—The
term ‘supplemental nutrition assistance program’ means the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
‘‘(b) PURPOSE.—Under such terms and conditions as are 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.
‘‘(c) PROJECTS.—State demonstration projects carried out under
this section may include projects that—
‘‘(1) enhance benefits provided under the supplemental
nutrition assistance program for eligible households with children;
‘‘(2) enhance benefits or provide for innovative program
delivery models in the school meals, afterschool snack, and
child and adult care food programs under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
‘‘(3) target Federal, State, or local assistance, including
emergency housing, family preservation services, child care,

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124 STAT. 3211

or temporary assistance at households with children who are
experiencing hunger or food insecurity, to the extent permitted
by the legal authority establishing those assistance programs
and services;
‘‘(4) enhance outreach to increase access and participation
in Federal nutrition assistance programs; and
‘‘(5) improve the coordination of Federal, State, and community resources and services aimed at preventing food insecurity
and hunger, including through the establishment and expansion
of State food policy councils.
‘‘(d) GRANTS.—
‘‘(1) IN GENERAL.—In carrying out this section, the 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.
‘‘(2) APPLICATION.—To be eligible to receive a grant or
cooperative agreement under this section, a Governor shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
‘‘(3) SELECTION CRITERIA.—The Secretary shall evaluate
proposals based on publicly disseminated criteria that may
include—
‘‘(A) an identification of a low-income target group
that reflects individuals experiencing hunger or food insecurity;
‘‘(B) a commitment to approaches that allow for a rigorous outcome evaluation as described in subsection (f);
‘‘(C) a comprehensive and innovative strategy to reduce
the risk of childhood hunger or provide a significant
improvement to the food security status of households with
children; and
‘‘(D) such other criteria as are determined by the Secretary.
‘‘(4) REQUIREMENTS.—Any project funded under this section
shall provide for—
‘‘(A) a baseline assessment, and subsequent annual
assessments, of the prevalence and severity of very low
food security among children in the State, based on a
methodology prescribed by the Secretary;
‘‘(B) a collaborative planning process including key
stakeholders in the State that results in a comprehensive
agenda to eliminate childhood hunger that is—
‘‘(i) described in a detailed project plan; and
‘‘(ii) provided to the Secretary for approval;
‘‘(C) an annual budget;
‘‘(D) specific performance goals, including the goal to
sharply reduce or eliminate food insecurity among children
in the State by 2015, as determined through a methodology
prescribed by the Secretary and carried out by the Governor; and
‘‘(E) an independent outcome evaluation of not less
than 1 major strategy of the project that measures—
‘‘(i) the specific impact of the strategy on food
insecurity among children in the State; and

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PUBLIC LAW 111–296—DEC. 13, 2010

‘‘(ii) if applicable, the nutrition assistance participation rate among children in the State.
‘‘(e) CONSULTATION.—In determining the range of projects and
defining selection criteria under this section, the Secretary shall
consult with—
‘‘(1) the Secretary of Health and Human Services;
‘‘(2) the Secretary of Labor;
‘‘(3) the Secretary of Education; and
‘‘(4) the Secretary of Housing and Urban Development.
‘‘(f) EVALUATION AND REPORTING.—
‘‘(1) GENERAL PERFORMANCE ASSESSMENT.—Each project
authorized under this section shall require an independent
assessment that—
‘‘(A) measures the impact of any activities carried out
under the project on the level of food insecurity in the
State that—
‘‘(i) focuses particularly on the level of food insecurity among children in the State; and
‘‘(ii) includes a preimplementation baseline and
annual measurements taken during the project of the
level of food insecurity in the State; and
‘‘(B) is carried out using a methodology prescribed by
the Secretary.
‘‘(2) INDEPENDENT EVALUATION.—Each project authorized
under this section shall provide for an independent evaluation
of not less than 1 major strategy that—
‘‘(A) measures the impact of the strategy on appropriate
participation, food security, nutrition, and associated
behavioral outcomes among participating households; and
‘‘(B) uses rigorous experimental designs and 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.
‘‘(3) REPORTING.—Not later than December 31, 2011 and
each December 31 thereafter until the date on which the last
evaluation under paragraph (1) is completed, the Secretary
shall—
‘‘(A) submit to the Committee on Agriculture and the
Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that includes a description of—
‘‘(i) the status of each State demonstration project;
and
‘‘(ii) the results of any evaluations of the demonstration projects completed during the previous fiscal
year; and
‘‘(B) ensure that the evaluation results are shared
broadly to inform policy makers, service providers, other
partners, and the public in order to promote the wide
use of successful strategies.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section such sums as are necessary for each

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3213

of fiscal years 2011 through 2014, to remain available until
expended.
‘‘(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.
‘‘(3) LIMITATIONS.—
‘‘(A) DURATION.—No project may be funded under this
section for more than 5 years.
‘‘(B) PERFORMANCE BASIS.—Funds provided under this
section shall be made available to each Governor on an
annual basis, with the amount of funds provided for each
year contingent on the satisfactory implementation of the
project plan and progress towards the performance goals
defined in the project year plan.
‘‘(C) ALTERING NUTRITION ASSISTANCE PROGRAM
REQUIREMENTS.—No project that makes use of, alters, or
coordinates with the supplemental nutrition assistance 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)).
‘‘(D) OTHER BENEFITS.—Funds made available under
this section may not be used for any project in a manner
that is inconsistent with—
‘‘(i) this Act;
‘‘(ii) the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
‘‘(iii) the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.); or
‘‘(iv) the Emergency Food Assistance Act of 1983
(7 U.S.C. 7501 et seq.).’’.

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

(a) IN GENERAL.—
(1) REVIEW.—The Secretary, in conjunction with States
and participating local educational agencies, shall examine the
current policies and practices of States and local educational
agencies regarding extending credit to children to pay the cost
to the children of reimbursable school lunches and breakfasts.
(2) SCOPE.—The examination under paragraph (1) shall
include the policies and practices in effect as of the date of
enactment of this Act relating to providing to children who
are without funds a meal other than the reimbursable meals.
(3) FEASIBILITY.—In carrying out the examination under
paragraph (1), the Secretary shall—
(A) prepare a report on the feasibility of establishing
national standards for meal charges and the provision of
alternate meals; and
(B) provide recommendations for implementing those
standards.
(b) FOLLOWUP ACTIONS.—
(1) IN GENERAL.—Based on the findings and recommendations under subsection (a), the Secretary may—

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PUBLIC LAW 111–296—DEC. 13, 2010
(A) implement standards described in paragraph (3)
of that subsection through regulation;
(B) test recommendations through demonstration
projects; or
(C) study further the feasibility of recommendations.
(2) FACTORS FOR CONSIDERATION.—In determining how best
to implement recommendations described in subsection (a)(3),
the Secretary shall consider such factors as—
(A) the impact of overt identification on children;
(B) the manner in which the affected households will
be provided with assistance in establishing eligibility for
free or reduced price school meals; and
(C) the potential financial impact on local educational
agencies.

TITLE II—REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS OF
CHILDREN
Subtitle A—National School Lunch
Program
SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE INCREASES
FOR NEW MEAL PATTERNS.

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Section 4(b) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1753(b)) is amended by adding at the end the
following:
‘‘(3) ADDITIONAL REIMBURSEMENT.—
‘‘(A) REGULATIONS.—
‘‘(i) PROPOSED REGULATIONS.—Notwithstanding
section 9(f), not later than 18 months after the date
of enactment of this paragraph, the Secretary shall
promulgate proposed regulations to update the meal
patterns and nutrition standards for the school lunch
program authorized under this Act and the school
breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) based on recommendations made by the Food and Nutrition Board
of the National Research Council of the National
Academy of Sciences.
‘‘(ii) INTERIM OR FINAL REGULATIONS.—
‘‘(I) IN GENERAL.—Not later than 18 months
after promulgation of the proposed regulations
under clause (i), the Secretary shall promulgate
interim or final regulations.
‘‘(II) DATE OF REQUIRED COMPLIANCE.—The
Secretary shall establish in the interim or final
regulations a date by which all school food 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

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124 STAT. 3215

standards established in the interim or final regulations.
‘‘(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.
‘‘(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).
‘‘(C) ADDITIONAL REIMBURSEMENT.—
‘‘(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.
‘‘(ii) DISBURSEMENT.—The State agency shall disburse funds made available under this paragraph to
school food authorities eligible to receive additional
reimbursement.
‘‘(D) ELIGIBLE SCHOOL FOOD AUTHORITY.—To be eligible
to receive an additional reimbursement described in this
paragraph, a school food authority shall be certified by
the State to be in compliance with the interim or final
regulations described in subparagraph (A)(ii).
‘‘(E) FAILURE TO COMPLY.—Beginning on the later of
the date described in subparagraph (A)(ii)(II), the date
of enactment of this paragraph, or October 1, 2012, school
food authorities found to be out of compliance with the
meal patterns or nutrition standards established by the
implementing regulations shall not receive the additional
reimbursement for each lunch served described in this
paragraph.
‘‘(F) ADMINISTRATIVE COSTS.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii),
the Secretary shall make funds available to States
for State activities related to training, technical assistance, certification, and oversight activities of this paragraph.
‘‘(ii) PROVISION OF FUNDS.—The Secretary shall
provide funds described in clause (i) to States administering a school lunch program in a manner proportional to the administrative expense allocation of each
State during the preceding fiscal year.
‘‘(iii) FUNDING.—
‘‘(I) IN GENERAL.—In the later of the fiscal
year in which the implementing regulations
described in subparagraph (A)(ii) are promulgated

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PUBLIC LAW 111–296—DEC. 13, 2010
or the fiscal year in which this paragraph is
enacted, and in the subsequent fiscal year, the
Secretary shall use not more than $50,000,000 of
funds made available under section 3 to make
payments to States described in clause (i).
‘‘(II) RESERVATION.—In providing funds to
States under clause (i), the Secretary may reserve
not more than $3,000,000 per fiscal year to support
Federal administrative activities to carry out this
paragraph.’’.

SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK.

Section 9(a)(2)(A) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended by striking clause
(i) and inserting the following:
‘‘(i) shall offer students a variety of fluid milk.
Such milk shall be consistent with the most recent
Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341);’’.
SEC. 203. WATER.

Section 9(a) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(a)) is amended by adding at the end the
following:
‘‘(5) WATER.—Schools participating in the school lunch 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.’’.
SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTATION.

(a) IN GENERAL.—The Richard B. Russell National School
Lunch Act is amended by inserting after section 9 (42 U.S.C.
1758) the following:
42 USC 1758b.

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

‘‘(a) IN GENERAL.—Each local educational agency participating
in a program authorized by this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school
wellness policy for all schools under the jurisdiction of the local
educational agency.
‘‘(b) GUIDELINES.—The Secretary shall promulgate regulations
that provide the framework and guidelines for local educational
agencies to establish local school wellness policies, including, at
a minimum,—
‘‘(1) goals for nutrition promotion and education, physical
activity, and other school-based activities that promote student
wellness;
‘‘(2) for all foods available on each school campus under
the jurisdiction of the local educational agency during the school
day, nutrition guidelines that—
‘‘(A) are consistent with sections 9 and 17 of this Act,
and sections 4 and 10 of the Child Nutrition Act of 1966
(42 U.S.C. 1773, 1779); and
‘‘(B) promote student health and reduce childhood obesity;

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124 STAT. 3217

‘‘(3) a requirement that the local educational agency permit
parents, students, representatives of the school food authority,
teachers of physical education, school health professionals, the
school board, school administrators, and the general public
to participate in the development, implementation, and periodic
review and update of the local school wellness policy;
‘‘(4) a requirement that the local educational agency inform
and update the public (including parents, students, and others
in the community) about the content and implementation of
the local school wellness policy; and
‘‘(5) a requirement that the local educational agency—
‘‘(A) periodically measure and make available to the
public an assessment on the implementation of the local
school wellness policy, including—
‘‘(i) the extent to which schools under the jurisdiction of the local educational agency are in compliance
with the local school wellness policy;
‘‘(ii) the extent to which the local school wellness
policy of the local educational agency compares to
model local school wellness policies; and
‘‘(iii) a description of the progress made in
attaining the goals of the local school wellness policy;
and
‘‘(B) designate 1 or more local educational agency officials or school officials, as appropriate, to ensure that each
school complies with the local school wellness policy.
‘‘(c) LOCAL DISCRETION.—The local educational agency shall
use the guidelines promulgated by the Secretary under subsection
(b) to determine specific policies appropriate for the schools under
the jurisdiction of the local educational agency.
‘‘(d) TECHNICAL ASSISTANCE AND BEST PRACTICES.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Education and the Secretary of Health and Human
Services, acting through the Centers for Disease Control and
Prevention, shall provide information and technical assistance
to local educational agencies, school food authorities, and State
educational agencies for use in establishing healthy school
environments that are intended to promote student health and
wellness.
‘‘(2) CONTENT.—The Secretary shall provide technical
assistance that—
‘‘(A) includes resources and training on designing,
implementing, promoting, disseminating, and evaluating
local school wellness policies and overcoming barriers to
the adoption of local school wellness policies;
‘‘(B) includes model local school wellness policies and
best practices recommended by Federal agencies, State
agencies, and nongovernmental organizations;
‘‘(C) includes such other technical assistance as is
required to promote sound nutrition and establish healthy
school nutrition environments; and
‘‘(D) is consistent with the specific needs and requirements of local educational agencies.
‘‘(3) STUDY AND REPORT.—
‘‘(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

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PUBLIC LAW 111–296—DEC. 13, 2010

prepare a report on the implementation, strength, and
effectiveness of the local school wellness policies carried
out in accordance with this section.
‘‘(B) STUDY OF LOCAL SCHOOL WELLNESS POLICIES.—
The study described in subparagraph (A) shall include——
‘‘(i) an analysis of the strength and weaknesses
of local school wellness policies and how the policies
compare with model local wellness policies recommended under paragraph (2)(B); and
‘‘(ii) an assessment of the impact of the local school
wellness policies in addressing the requirements of
subsection (b).
‘‘(C) REPORT.—Not later than January 1, 2014, the
Secretary shall submit to the Committee on Education
and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that describes the findings of the study.
‘‘(D) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this paragraph
$3,000,000 for fiscal year 2011, to remain available until
expended.’’.
(b) REPEAL.—Section 204 of the Child Nutrition and WIC
Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law
108–265) is repealed.
SEC. 205. EQUITY IN SCHOOL LUNCH PRICING.

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Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) is amended by adding at the end the following:
‘‘(p) PRICE FOR A PAID LUNCH.—
‘‘(1) DEFINITION OF PAID LUNCH.—In this subsection, the
term ‘paid lunch’ means a reimbursable lunch served to students who are not certified to receive free or reduced price
meals.
‘‘(2) REQUIREMENT.—
‘‘(A) IN GENERAL.—For each school year beginning July
1, 2011, each school food authority shall establish a price
for paid lunches in accordance with this subsection.
‘‘(B) LOWER PRICE.—
‘‘(i) IN GENERAL.—In the case of a school food
authority that established a price for a paid lunch
in the previous school year that was less than the
difference between the total Federal reimbursement
for a free lunch and the total Federal reimbursement
for a paid lunch, the school food authority shall 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—
‘‘(I) 2 percent; and
‘‘(II) the percentage change in the Consumer
Price Index for All Urban Consumers (food away
from home index) used to increase the Federal
reimbursement rate under section 11 for the most
recent school year for which data are available,
as published in the Federal Register.

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124 STAT. 3219

‘‘(ii) ROUNDING.—A school food authority may
round the adjusted price for a paid lunch under clause
(i) down to the nearest 5 cents.
‘‘(iii) MAXIMUM REQUIRED PRICE INCREASE.—
‘‘(I) IN GENERAL.—The maximum annual average price increase required to meet the requirements of this subparagraph shall not exceed 10
cents for any school food authority.
‘‘(II) DISCRETIONARY INCREASE.—A school food
authority may increase the average price for a
paid lunch for a school year by more than 10
cents.
‘‘(C) EQUAL OR GREATER PRICE.—
‘‘(i) IN GENERAL.—In the case of a school food
authority that established an average price for a paid
lunch in the previous school year that was equal to
or greater than the difference between the total Federal
reimbursement for a free lunch and the total Federal
reimbursement for a paid lunch, the school food
authority shall establish an average price for a paid
lunch that is not less than the difference between
the total Federal reimbursement for a free lunch and
the total Federal reimbursement for a paid lunch.
‘‘(ii) ROUNDING.—A school food authority may
round the adjusted price for a paid lunch under clause
(i) down to the nearest 5 cents.
‘‘(3) EXCEPTIONS.—
‘‘(A) REDUCTION IN PRICE.—A school food authority may
reduce the average price of a paid lunch established under
this subsection if the State agency ensures that funding
from non-Federal sources (other than in-kind contributions)
is added to the nonprofit school food service account of
the school food authority in an amount estimated to be
equal to at least the difference between—
‘‘(i) the average price required of the school food
authority for the paid lunches under paragraph (2);
and
‘‘(ii) the average price charged by the school food
authority for the paid lunches.
‘‘(B) NON-FEDERAL SOURCES.—For the purposes of
subparagraph (A), non-Federal sources does not include
revenue from the sale of foods sold in competition with
meals served under the school lunch program authorized
under this Act or the school breakfast program established
by section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
‘‘(C) OTHER PROGRAMS.—This subsection shall not
apply to lunches provided under section 17 of this Act.
‘‘(4) REGULATIONS.—The Secretary shall establish 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.’’.

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PUBLIC LAW 111–296—DEC. 13, 2010

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

Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) (as amended by section 205) is amended
by adding at the end the following:
‘‘(q) NONPROGRAM FOOD SALES.—
‘‘(1) DEFINITION OF NONPROGRAM FOOD.—In this subsection:
‘‘(A) IN GENERAL.—The term ‘nonprogram food’ means
food that is—
‘‘(i) sold in a participating school other than a
reimbursable meal provided under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
‘‘(ii) purchased using funds from the nonprofit
school food service account of the school food authority
of the school.
‘‘(B) INCLUSION.—The term ‘nonprogram food’ includes
food that is sold in competition with a program established
under this Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
‘‘(2) REVENUES.—
‘‘(A) IN GENERAL.—The proportion of total school food
service revenue provided by the sale of nonprogram foods
to the total revenue of the school food service account
shall be equal to or greater than the proportion of total
food costs associated with obtaining nonprogram foods to
the total costs associated with obtaining program and nonprogram foods from the account.
‘‘(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.
‘‘(C) EFFECTIVE DATE.—This subsection shall be effective beginning on July 1, 2011.’’.

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SEC. 207. REPORTING AND NOTIFICATION OF SCHOOL PERFORMANCE.

Section 22 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769c) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) UNIFIED ACCOUNTABILITY SYSTEM.—
‘‘(1) IN GENERAL.—There shall be a unified system 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—
‘‘(A) the nutritional requirements of section 9(f) of this
Act for school lunches; and
‘‘(B) as applicable, the nutritional requirements for
school breakfasts under section 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).’’; and
(2) in subsection (b)(1), by striking subparagraphs (A) and
(B) and inserting the following:
‘‘(A) require that local food service authorities comply
with the nutritional requirements described in subparagraphs (A) and (B) of paragraph (1);
‘‘(B) to the maximum extent practicable, ensure compliance through reasonable audits and supervisory assistance
reviews;

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‘‘(C) in conducting audits and reviews for the purpose
of determining compliance with this Act, including the
nutritional requirements of section 9(f)—
‘‘(i) conduct audits and reviews during a 3-year
cycle or other period prescribed by the Secretary;
‘‘(ii) select schools for review in each local educational agency using criteria established by the Secretary;
‘‘(iii) report the final results of the reviews to the
public in the State in an accessible, easily understood
manner in accordance with guidelines promulgated by
the Secretary; and
‘‘(iv) submit to the Secretary each year a report
containing the results of the reviews in accordance
with procedures developed by the Secretary; and
‘‘(D) when any local food service authority is reviewed
under this section, ensure that the final results of the
review by the State educational agency are posted and
otherwise made available to the public on request in an
accessible, easily understood manner in accordance with
guidelines promulgated by the Secretary.’’.

Audits.

Reports.

Reports.

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

Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779)
is amended—
(1) by striking the section heading and all that follows
through ‘‘(a) The Secretary’’ and inserting the following:

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‘‘SEC. 10. REGULATIONS.

‘‘(a) IN GENERAL.—The Secretary’’; and
(2) by striking subsection (b) and inserting the following:
‘‘(b) NATIONAL SCHOOL NUTRITION STANDARDS.—
‘‘(1) PROPOSED REGULATIONS.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) establish science-based nutrition standards for
foods sold in schools other than foods provided under
this Act and the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.); and
‘‘(ii) not later than 1 year after the date of enactment of this paragraph, promulgate proposed regulations to carry out clause (i).
‘‘(B) APPLICATION.—The nutrition standards shall apply
to all foods sold—
‘‘(i) outside the school meal programs;
‘‘(ii) on the school campus; and
‘‘(iii) at any time during the school day.
‘‘(C) REQUIREMENTS.—In establishing nutrition standards under this paragraph, the Secretary shall—
‘‘(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; and
‘‘(ii) consider—
‘‘(I) authoritative scientific recommendations
for nutrition standards;

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PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(II) existing school nutrition standards,
including voluntary standards for beverages and
snack foods and State and local standards;
‘‘(III) the practical application of the nutrition
standards; and
‘‘(IV) special exemptions for school-sponsored
fundraisers (other than fundraising through
vending machines, school stores, snack bars, a la
carte sales, and any other exclusions determined
by the Secretary), if the fundraisers are approved
by the school and are infrequent within the school.
‘‘(D) UPDATING STANDARDS.—As soon as practicable
after the date of publication by the Department of 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.
‘‘(2) IMPLEMENTATION.—
‘‘(A) EFFECTIVE DATE.—The interim or final regulations
under this subsection shall take effect at the beginning
of the school year that is not earlier than 1 year and
not later than 2 years following the date on which the
regulations are finalized.
‘‘(B) REPORTING.—The Secretary shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Education and Labor of
the House of Representatives a quarterly report that
describes progress made toward promulgating final regulations under this subsection.’’.

Regulations.

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

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Section 9 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758) is amended by adding at the end the following:
‘‘(k) INFORMATION ON THE SCHOOL NUTRITION ENVIRONMENT.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) establish requirements for local educational 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; and
‘‘(B) provide training and technical assistance to States
and local educational agencies on the assessment and
reporting of the school nutrition environment, including
the use of any assessment materials developed by the Secretary.
‘‘(2) REQUIREMENTS.—In establishing the requirements for
reporting on the school nutrition environment under paragraph
(1), the Secretary shall—

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‘‘(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; and
‘‘(B) ensure that information is made available to the
public by local educational agencies in an accessible, easily
understood manner in accordance with guidelines established by the Secretary.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2011 through
2015.’’.

Public
information.
Guidelines.

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SEC. 210. ORGANIC FOOD PILOT PROGRAM.

Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) is amended by adding at the end the following:
‘‘(j) ORGANIC FOOD PILOT PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish an
organic food pilot program (referred to in this subsection as
the ‘pilot program’) under which the Secretary shall provide
grants on a competitive basis to school food authorities selected
under paragraph (3).
‘‘(2) USE OF FUNDS.—
‘‘(A) IN GENERAL.—The Secretary shall use funds provided under this section—
‘‘(i) to enter into competitively awarded contracts
or cooperative agreements with school food authorities
selected under paragraph (3); or
‘‘(ii) to make grants to school food authority
applicants selected under paragraph (3).
‘‘(B) SCHOOL FOOD AUTHORITY USES OF FUNDS.—A
school food authority that receives a grant under this 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.
‘‘(3) APPLICATION.—
‘‘(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.
‘‘(B) CRITERIA.—In selecting contract, grant, or cooperative agreement recipients, the Secretary shall consider—
‘‘(i) the poverty line (as defined in section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2), including any revision required by that 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;
‘‘(ii) the commitment of each school food authority
applicant—
‘‘(I) to improve the nutritional value of school
meals;

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124 STAT. 3224

PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(II) to carry out innovative programs that
improve the health and wellness of schoolchildren;
and
‘‘(III) to evaluate the outcome of the pilot program; and
‘‘(iii) any other criteria the Secretary determines
to be appropriate.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this subsection
$10,000,000 for fiscal years 2011 through 2015.’’.

Subtitle B—Child and Adult Care Food
Program

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

Section 17 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766) is amended—
(1) in subsection (a), by striking ‘‘(a) GRANT AUTHORITY’’
and all that follows through the end of paragraph (1) and
inserting the following:
‘‘(a) PROGRAM PURPOSE, GRANT AUTHORITY AND INSTITUTION
ELIGIBILITY.—
‘‘(1) IN GENERAL.—
‘‘(A) PROGRAM PURPOSE.—
‘‘(i) FINDINGS.—Congress finds that—
‘‘(I) eating habits and other wellness-related
behavior habits are established early in life; and
‘‘(II) good nutrition and wellness are important
contributors to the overall health of young children
and essential to cognitive development.
‘‘(ii) PURPOSE.—The purpose of the program
authorized by this section is to provide aid to child
and adult care institutions and family or group day
care homes for the provision of nutritious foods that
contribute to the wellness, healthy growth, and
development of young children, and the health and
wellness of older adults and chronically impaired disabled persons.
‘‘(B) GRANT AUTHORITY.—The Secretary may carry out
a program to assist States through grants-in-aid and other
means to initiate and maintain nonprofit food service programs for children in institutions providing child care.’’;
(2) by striking subsection (g) and inserting the following:
‘‘(g) NUTRITIONAL REQUIREMENTS FOR MEALS AND SNACKS
SERVED IN INSTITUTIONS AND FAMILY OR GROUP DAY CARE
HOMES.—
‘‘(1) DEFINITION OF DIETARY GUIDELINES.—In this 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).
‘‘(2) NUTRITIONAL REQUIREMENTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(C), reimbursable meals and snacks served by institutions,
family or group day care homes, and sponsored centers

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124 STAT. 3225

participating in the program under this section shall consist
of a combination of foods that meet minimum nutritional
requirements prescribed by the Secretary on the basis of
tested nutritional research.
‘‘(B) CONFORMITY WITH THE DIETARY GUIDELINES AND
AUTHORITATIVE SCIENCE.—
‘‘(i) IN GENERAL.—Not less frequently than once
every 10 years, the Secretary shall review and, as
appropriate, update requirements for meals served
under the program under this section to ensure that
the meals—
‘‘(I) are consistent with the goals of the most
recent Dietary Guidelines; and
‘‘(II) promote the health of the population
served by the program authorized under this section, as indicated by the most recent relevant
nutrition science and appropriate authoritative scientific agency and organization recommendations.
‘‘(ii) COST REVIEW.—The review required under
clause (i) shall include a review of the cost to child
care centers and group or family day care homes
resulting from updated requirements for meals and
snacks served under the program under this section.
‘‘(iii) REGULATIONS.—Not later than 18 months
after the completion of the review of the meal pattern
under clause (i), the Secretary shall promulgate proposed regulations to update the meal patterns for
meals and snacks served under the program under
this section.
‘‘(C) EXCEPTIONS.—
‘‘(i) SPECIAL DIETARY NEEDS.—The minimum 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.
‘‘(ii) EXEMPT INSTITUTIONS.—The Secretary may
elect to waive all or part of the requirements of this
subsection for emergency shelters participating in the
program under this section.
‘‘(3) MEAL SERVICE.—Institutions, family or group day care
homes, and sponsored centers shall ensure that reimbursable
meal service contributes to the development and socialization
of enrolled children by providing that food is not used as a
punishment or reward.
‘‘(4) FLUID MILK.—
‘‘(A) IN GENERAL.—If an institution, family or group
day care home, or sponsored center provides fluid milk
as part of a reimbursable meal or supplement, the 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.
‘‘(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

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PUBLIC LAW 111–296—DEC. 13, 2010
for the fluid milk required in meals served, a nondairy
beverage that—
‘‘(i) is nutritionally equivalent to fluid milk; and
‘‘(ii) meets nutritional standards established by the
Secretary, including, among other requirements established by the Secretary, fortification of calcium, protein,
vitamin A, and vitamin D to levels found in cow’s
milk.
‘‘(C) APPROVAL.—
‘‘(i) IN GENERAL.—A substitution authorized under
subparagraph (B) may be made—
‘‘(I) at the discretion of and on approval by
the participating day care institution; and
‘‘(II) if the substitution is requested by written
statement of a medical authority, or by the parent
or legal guardian of the child, that identifies the
medical or other special dietary need that restricts
the diet of the child.
‘‘(ii) EXCEPTION.—An institution, family or group
day care home, or sponsored center that elects to make
a substitution authorized under this paragraph shall
not be required to provide beverages other than beverages the State has identified as acceptable substitutes.
‘‘(D) EXCESS EXPENSES BORNE BY INSTITUTION.—A
participating institution, family or group day care home,
or sponsored center shall be responsible for any expenses
that—
‘‘(i) are incurred by the institution, family or group
day care home, or sponsored center to provide substitutions under this paragraph; and
‘‘(ii) are in excess of expenses covered under
reimbursements under this Act.
‘‘(5) NONDISCRIMINATION POLICY.—No physical segregation
or other discrimination against any person shall be made
because of the inability of the person to pay, nor shall there
be any overt identification of any such person by special tokens
or tickets, different meals or meal service, announced or published lists of names, or other means.
‘‘(6) USE OF ABUNDANT AND DONATED FOODS.—To the maximum extent practicable, each institution shall use in its food
service foods that are—
‘‘(A) designated from time to time by the Secretary
as being in abundance, either nationally or in the food
service area; or
‘‘(B) donated by the Secretary.’’;
(3) by adding at the end the following:
‘‘(u) PROMOTING HEALTH AND WELLNESS IN CHILD CARE.—
‘‘(1) PHYSICAL ACTIVITY AND ELECTRONIC MEDIA USE.—The
Secretary shall encourage participating child care centers and
family or group day care homes—
‘‘(A) to provide to all children under the supervision
of the participating child care centers and family or group
day care homes daily opportunities for structured and
unstructured age-appropriate physical activity; and
‘‘(B) to limit among children under the supervision
of the participating child care centers and family or group

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124 STAT. 3227

day care homes the use of electronic media to an appropriate level.
‘‘(2) WATER CONSUMPTION.—Participating child care centers
and family or group day care homes shall make available
to children, as nutritionally appropriate, potable water as an
acceptable fluid for consumption throughout the day, including
at meal times.
‘‘(3) TECHNICAL ASSISTANCE AND GUIDANCE.—
‘‘(A) IN GENERAL.—The Secretary shall provide 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).
‘‘(B) GUIDANCE.—Not later than January 1, 2012, the
Secretary shall issue guidance to States and institutions
to encourage participating child care centers and family
or group day care homes serving meals and snacks under
this section to—
‘‘(i) include foods that are recommended for
increased serving consumption in amounts 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;
and
‘‘(ii) reduce sedentary activities and provide
opportunities for regular physical activity in quantities
recommended by the most recent Dietary Guidelines
for Americans described in clause (i).
‘‘(C) NUTRITION.—Technical assistance relating to the
nutritional requirements of this subsection and subsection
(g) shall include—
‘‘(i) nutrition education, including education that
emphasizes the relationship between nutrition, physical activity, and health;
‘‘(ii) menu planning;
‘‘(iii) interpretation of nutrition labels; and
‘‘(iv) food preparation and purchasing guidance to
produce meals and snacks that are—
‘‘(I) consistent with the goals of the most recent
Dietary Guidelines; and
‘‘(II) promote the health of the population
served by the program under this section, as recommended by authoritative scientific organizations.
‘‘(D) PHYSICAL ACTIVITY.—Technical assistance relating
to the physical activity requirements of this subsection
shall include—
‘‘(i) education on the importance of regular physical
activity to overall health and well being; and
‘‘(ii) sharing of best practices for physical activity
plans in child care centers and homes as recommended
by authoritative scientific organizations.

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124 STAT. 3228

‘‘(E) ELECTRONIC MEDIA USE.—Technical assistance
relating to the electronic media use requirements of this
subsection shall include—
‘‘(i) education on the benefits of limiting exposure
to electronic media by children; and
‘‘(ii) sharing of best practices for the development
of daily activity plans that limit use of electronic media.
‘‘(F) MINIMUM ASSISTANCE.—At a minimum, the 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.
‘‘(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).
‘‘(H) FUNDING.—
‘‘(i) IN GENERAL.—On October 1, 2010, out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary to provide technical assistance under this subsection $10,000,000, to remain available until
expended.
‘‘(ii) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out this subsection the funds transferred
under clause (i), without further appropriation.’’.

Handbook.

Effective date.

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42 USC 1766
note.

PUBLIC LAW 111–296—DEC. 13, 2010

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

The Secretary shall coordinate with the Secretary of Health
and Human Services to encourage State licensing agencies to
include nutrition and wellness standards within State licensing
standards that ensure, to the maximum extent practicable, that
licensed child care centers and family or group day care homes—
(1) provide to all children under the supervision of the
child care centers and family or group day care homes daily
opportunities for age-appropriate physical activity;
(2) limit among children under the supervision of the child
care centers and family or group day care homes the use
of electronic media and the quantity of time spent in sedentary
activity to an appropriate level;
(3) serve meals and snacks that are consistent with the
requirements of the child and adult care food program established under section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766); and
(4) promote such other nutrition and wellness goals as
the Secretaries determine to be necessary.

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3229

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

(a) IN GENERAL.—Not less than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary
of Health and Human Services, shall enter into a contract for
the conduct of a nationally representative study of child care centers
and family or group day care homes that includes an assessment
of—
(1) the nutritional quality of all foods provided to children
in child care settings as compared to the recommendations
in most recent Dietary Guidelines for Americans published
under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341);
(2) the quantity and type of opportunities for physical
activity provided to children in child care settings;
(3) the quantity of time spent by children in child care
settings in sedentary activities;
(4) an assessment of barriers and facilitators to—
(A) providing foods to children in child care settings
that meet the recommendations of the most recent Dietary
Guidelines for Americans published under section 301 of
the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341);
(B) providing the appropriate quantity and type of
opportunities of physical activity for children in child care
settings; and
(C) participation by child care centers and family or
group day care homes in the child and adult care food
program established under section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766); and
(5) such other assessment measures as the Secretary may
determine to be necessary.
(b) REPORT TO CONGRESS.—The Secretary shall submit to Congress a report that includes a detailed description of the results
of the study conducted under subsection (a).
(c) FUNDING.—
(1) IN GENERAL.—On October 1, 2010, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $5,000,000, to remain available until expended.
(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this
section the funds transferred under paragraph (1), without
further appropriation.

Deadline.
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Effective date.

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

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

Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786)
is amended—
(1) in subsection (a), in the second sentence, by striking
‘‘supplemental foods and nutrition education through any
eligible local agency’’ and inserting ‘‘supplemental foods and

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124 STAT. 3230

PUBLIC LAW 111–296—DEC. 13, 2010
nutrition education, including breastfeeding promotion and support, through any eligible local agency’’;
(2) in subsection (b)(4), by inserting ‘‘breastfeeding support
and promotion,’’ after ‘‘nutrition education,’’;
(3) in subsection (c)(1), in the first sentence, by striking
‘‘supplemental foods and nutrition education to’’ and inserting
‘‘supplemental foods, nutrition education, and breastfeeding
support and promotion to’’;
(4) in subsection (e)(2), in the second sentence, by inserting
‘‘, including breastfeeding support and education,’’ after ‘‘nutrition education’’;
(5) in subsection (f)(6)(B), in the first sentence, by inserting
‘‘and breastfeeding’’ after ‘‘nutrition education’’;
(6) in subsection (h)—
(A) in paragraph (4)—
(i) by striking ‘‘(4) The Secretary’’ and all that
follows through ‘‘(A) in consultation’’ and inserting the
following:
‘‘(4) REQUIREMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) in consultation’’;
(ii) by redesignating subparagraphs (B) through
(F) as clauses (ii) through (vi), respectively, and
indenting appropriately;
(iii) in clause (v) (as so redesignated), by striking
‘‘and’’ at the end;
(iv) in clause (vi) (as so redesignated), by striking
‘‘2010 initiative.’’ and inserting ‘‘initiative; and’’; and
(v) by adding at the end the following:
‘‘(vii) annually compile and publish breastfeeding
performance measurements based on program participant data on the number of partially and fully breastfed infants, including breastfeeding performance
measurements for—
‘‘(I) each State agency; and
‘‘(II) each local agency;
‘‘(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; and
‘‘(ix) in accordance with subparagraph (C), implement a program to provide performance bonuses to
State agencies.
‘‘(B) EXEMPLARY BREASTFEEDING SUPPORT PRACTICES.—
‘‘(i) IN GENERAL.—In evaluating exemplary practices under subparagraph (A)(viii), the Secretary shall
consider—
‘‘(I)
performance
measurements
of
breastfeeding;
‘‘(II) the effectiveness of a peer counselor program;
‘‘(III) the extent to which the agency or clinic
has partnered with other entities to build a supportive breastfeeding environment for women
participating in the program; and

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124 STAT. 3231

‘‘(IV) such other criteria as the Secretary considers appropriate after consultation with State
and local program agencies.
‘‘(ii) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out the activities
described in clause (viii) of subparagraph (A) such sums
as are necessary.
‘‘(C) PERFORMANCE BONUSES.—
‘‘(i) IN GENERAL.—Following the publication of
breastfeeding performance measurements under
subparagraph (A)(vii), the Secretary shall provide
performance bonus payments to not more than 15 State
agencies that demonstrate, as compared to other State
agencies participating in the program—
‘‘(I) the highest proportion of breast-fed
infants; or
‘‘(II) the greatest improvement in proportion
of breast-fed infants.
‘‘(ii) CONSIDERATION.—In providing performance
bonus payments to State agencies under this subparagraph, the Secretary shall consider the proportion of
fully breast-fed infants in the States.
‘‘(iii) USE OF FUNDS.—A State agency that receives
a performance bonus under clause (i)—
‘‘(I) shall treat the funds as program income;
and
‘‘(II) may transfer the funds to local agencies
for use in carrying out the program.
‘‘(iv) IMPLEMENTATION.—The Secretary shall 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’’; and
(B) by striking paragraph (10) and inserting the following:
‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGEMENT INFORMATION SYSTEMS, AND SPECIAL NUTRITION EDUCATION.—
‘‘(A) IN GENERAL.—For each of fiscal years 2010
through 2015, the Secretary shall use for the purposes
specified in subparagraph (B) $139,000,000 (as adjusted
annually for inflation by the same factor used to determine
the national average per participant grant for nutrition
services and administration for the fiscal year under paragraph (1)(B)).
‘‘(B) PURPOSES.—Subject to subparagraph (C), of the
amount made available under subparagraph (A) for a fiscal
year—
‘‘(i) $14,000,000 shall be used for—
‘‘(I) infrastructure for the program under this
section;
‘‘(II) special projects to promote breastfeeding,
including projects to assess the effectiveness of
particular breastfeeding promotion strategies; and
‘‘(III) special State projects of regional or
national significance to improve the services of
the program;

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PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(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; and
‘‘(iii) $90,000,000 shall be used for special nutrition
education (such as breastfeeding peer counselors and
other related activities), of which not more than
$10,000,000 of any funding provided in excess of
$50,000,000 shall be used to make performance bonus
payments under paragraph (4)(C).
‘‘(C) ADJUSTMENT.—Each of the amounts referred to
in clauses (i), (ii), and (iii) of subparagraph (B) shall be
adjusted annually for inflation by the same factor used
to determine the national average per participant grant
for nutrition services and administration for the fiscal year
under paragraph (1)(B).
‘‘(D) PROPORTIONAL DISTRIBUTION.—The Secretary
shall distribute funds made available under subparagraph
(A) in accordance with the proportional distribution
described in subparagraphs (B) and (C).’’; and
(7) in subsection (j), by striking ‘‘supplemental foods and
nutrition education’’ each place it appears in paragraphs (1)
and (2) and inserting ‘‘supplemental foods, nutrition education,
and breastfeeding support and promotion’’.

SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS.

Section 17(f)(11)(D) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(f)(11)(D)) is amended in the matter preceding clause
(i) by inserting ‘‘but not less than every 10 years,’’ after ‘‘scientific
knowledge,’’.

Subtitle D—Miscellaneous
SEC. 241. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT
PROGRAM.

(a) IN GENERAL.—The Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.) is amended by adding at the end the following:

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7 USC 2036a.

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

‘‘(a) DEFINITION OF ELIGIBLE INDIVIDUAL.—In this section, the
term ‘eligible individual’ means an individual who is eligible to
receive benefits under a nutrition education and obesity prevention
program under this section as a result of being—
‘‘(1) an individual eligible for benefits under—
‘‘(A) this Act;
‘‘(B) sections 9(b)(1)(A) and 17(c)(4) of the Richard B
Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A),
1766(c)(4)); or
‘‘(C) section 4(e)(1)(A) of the Child Nutrition Act of
1966 (42 U.S.C. 1773(e)(1)(A));
‘‘(2) an individual who resides in a community with a
significant low-income population, as determined by the Secretary; or

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124 STAT. 3233

‘‘(3) such other low-income individual as is determined
to be eligible by the Secretary.
‘‘(b) PROGRAMS.—Consistent with the terms and conditions of
grants awarded under this section, State agencies may implement
a nutrition education and obesity prevention program for eligible
individuals that promotes healthy food choices consistent with the
most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341).
‘‘(c) DELIVERY OF NUTRITION EDUCATION AND OBESITY PREVENTION SERVICES.—
‘‘(1) IN GENERAL.—State agencies may deliver nutrition education and obesity prevention services under a program
described in subsection (b)—
‘‘(A) directly to eligible individuals; or
‘‘(B) through agreements with other State or local agencies or community organizations.
‘‘(2) NUTRITION EDUCATION STATE PLANS.—
‘‘(A) IN GENERAL.—A State agency that elects to provide
nutrition education and obesity prevention services under
this subsection shall submit to the Secretary for approval
a nutrition education State plan.
‘‘(B) REQUIREMENTS.—Except as provided in subparagraph (C), a nutrition education State plan shall—
‘‘(i) identify the uses of the funding for local
projects;
‘‘(ii) ensure that the interventions are appropriate
for eligible individuals who are members of low-income
populations by recognizing the constrained resources,
and the potential eligibility for Federal food assistance
programs, of members of those populations; and
‘‘(iii) conform to standards established by the Secretary through regulations, guidance, or grant award
documents.
‘‘(C) TRANSITION PERIOD.—During each of fiscal years
2011 and 2012, a nutrition education State plan under
this section shall be consistent with the requirements of
section 11(f) (as that section, other than paragraph (3)(C),
existed on the day before the date of enactment of this
section).
‘‘(3) USE OF FUNDS.—
‘‘(A) IN GENERAL.—A State agency may use funds 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—
‘‘(i) individual and group-based nutrition education, health promotion, and intervention strategies;
‘‘(ii) comprehensive, multilevel interventions at
multiple complementary organizational and institutional levels; and
‘‘(iii) community and public health approaches to
improve nutrition.
‘‘(B) CONSULTATION.—In identifying allowable uses of
funds under subparagraph (A) and in seeking to strengthen

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124 STAT. 3234

PUBLIC LAW 111–296—DEC. 13, 2010
delivery, oversight, and evaluation of nutrition education,
the Administrator of the Food and Nutrition Service shall
consult with the Director of the Centers for Disease Control
and Prevention and outside stakeholders and experts,
including—
‘‘(i) representatives of the academic and research
communities;
‘‘(ii) nutrition education practitioners;
‘‘(iii) representatives of State and local governments; and
‘‘(iv) community organizations that serve lowincome populations.
‘‘(4) NOTIFICATION.—To the maximum extent practicable,
State agencies shall notify applicants, participants, and eligible
individuals under this Act of the availability of nutrition education and obesity prevention services under this section in
local communities.
‘‘(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.
‘‘(d) FUNDING.—
‘‘(1) IN GENERAL.—Of funds made available each fiscal year
under section 18(a)(1), the Secretary shall reserve for allocation
to State agencies to carry out the nutrition education and
obesity prevention grant program under this section, to remain
available for obligation for a period of 2 fiscal years—
‘‘(A) for fiscal year 2011, $375,000,000; and
‘‘(B) for fiscal year 2012 and each subsequent fiscal
year, the applicable amount during the preceding fiscal
year, as adjusted to reflect any increases for the 12-month
period ending the preceding June 30 in the Consumer
Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.
‘‘(2) ALLOCATION.—
‘‘(A) INITIAL ALLOCATION.—Of the funds set aside under
paragraph (1), as determined by the Secretary—
‘‘(i) for each of fiscal years 2011 through 2013,
100 percent shall be allocated to State agencies in
direct proportion to the amount of funding that the
State received for carrying out section 11(f) (as that
section existed on the day before the date of enactment
of this section) during fiscal year 2009, as reported
to the Secretary as of February 2010; and
‘‘(ii) subject to a reallocation under subparagraph
(B)—
‘‘(I) for fiscal year 2014—
‘‘(aa) 90 percent shall be allocated to State
agencies in accordance with clause (i); and
‘‘(bb) 10 percent shall be allocated to State
agencies based on the respective share of each

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3235

State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period
ending the preceding January 31;
‘‘(II) for fiscal year 2015—
‘‘(aa) 80 percent shall be allocated to State
agencies in accordance with clause (i); and
‘‘(bb) 20 percent shall be allocated in
accordance with subclause (I)(bb);
‘‘(III) for fiscal year 2016—
‘‘(aa) 70 percent shall be allocated to State
agencies in accordance with clause (i); and
‘‘(bb) 30 percent shall be allocated in
accordance with subclause (I)(bb);
‘‘(IV) for fiscal year 2017—
‘‘(aa) 60 percent shall be allocated to State
agencies in accordance with clause (i); and
‘‘(bb) 40 percent shall be allocated in
accordance with subclause (I)(bb); and
‘‘(V) for fiscal year 2018 and each fiscal year
thereafter—
‘‘(aa) 50 percent shall be allocated to State
agencies in accordance with clause (i); and
‘‘(bb) 50 percent shall be allocated in
accordance with subclause (I)(bb).
‘‘(B) REALLOCATION.—
‘‘(i) IN GENERAL.—If the Secretary determines that
a State agency will not expend all of the funds allocated
to the State agency for a fiscal year under paragraph
(1) or in the case of a State agency that elects not
to receive the entire amount of funds allocated to the
State agency for a fiscal year, the Secretary shall
reallocate the unexpended funds to other States during
the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State
plans under which the State agencies may expend
the reallocated funds.
‘‘(ii) EFFECT OF ADDITIONAL FUNDS.—
‘‘(I) FUNDS RECEIVED.—Any reallocated funds
received by a State agency under clause (i) for
a fiscal year shall be considered to be part of
the fiscal year 2009 base allocation of funds to
the State agency for that fiscal year for purposes
of determining allocation under subparagraph (A)
for the subsequent fiscal year.
‘‘(II) FUNDS SURRENDERED.—Any funds 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.
‘‘(3) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION.—
‘‘(A) IN GENERAL.—Grants awarded under this section
shall be the only source of Federal financial participation
under this Act in nutrition education and obesity prevention.

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124 STAT. 3236

Deadline.
Federal Register,
publication.

PUBLIC LAW 111–296—DEC. 13, 2010

‘‘(B) EXCLUSION.—Any costs of nutrition education and
obesity prevention in excess of the grants authorized under
this section shall not be eligible for reimbursement under
section 16(a).
‘‘(e) IMPLEMENTATION.—Not later than January 1, 2012, the
Secretary shall publish in the Federal Register a description of
the requirements for the receipt of a grant under this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 4(a) of the Food and Nutrition Act of 2008
(7 U.S.C. 2013(a)) is amended in the first sentence by striking
‘‘and, through an approved State plan, nutrition education’’.
(2) Section 11 of the Food and Nutrition Act of 2008 (7
U.S.C. 2020) is amended by striking subsection (f).
SEC. 242. PROCUREMENT AND PROCESSING OF FOOD SERVICE PRODUCTS AND COMMODITIES.

Deadline.

Reports.

Section 9(a)(4) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(a)(4)) is amended by adding at the end the
following:
‘‘(C) PROCUREMENT AND PROCESSING OF FOOD SERVICE
PRODUCTS AND COMMODITIES.—The Secretary shall—
‘‘(i) identify, develop, and disseminate to State
departments of agriculture and education, school food
authorities, local educational agencies, and local 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);
‘‘(ii) not later than 1 year after the date of enactment of this subparagraph—
‘‘(I) carry out a study to analyze the quantity
and quality of nutritional information available
to school food authorities about food service products and commodities; and
‘‘(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; and
‘‘(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.’’.

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

Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) is amended—
(1) by redesignating subsections (h) and (i) and subsection
(j) (as added by section 210) as subsections (i) through (k),
respectively;

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3237

(2) in subsection (g), by striking ‘‘(g) ACCESS TO LOCAL
FOODS AND SCHOOL GARDENS.—’’ and all that follows through
‘‘(3) PILOT PROGRAM FOR HIGH-POVERTY SCHOOLS.—’’ and
inserting the following:
‘‘(g) ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.—
‘‘(1) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection,
the term ‘eligible school’ means a school or institution that
participates in a program under this Act or the school breakfast
program established under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
‘‘(2) PROGRAM.—The Secretary shall carry out a program
to assist eligible schools, State and local agencies, Indian tribal
organizations, agricultural producers or groups of agricultural
producers, and nonprofit entities through grants and technical
assistance to implement farm to school programs that improve
access to local foods in eligible schools.
‘‘(3) GRANTS.—
‘‘(A) IN GENERAL.—The Secretary shall award competitive grants under this subsection to be used for—
‘‘(i) training;
‘‘(ii) supporting operations;
‘‘(iii) planning;
‘‘(iv) purchasing equipment;
‘‘(v) developing school gardens;
‘‘(vi) developing partnerships; and
‘‘(vii) implementing farm to school programs.
‘‘(B) REGIONAL BALANCE.—In making awards under
this subsection, the Secretary shall, to the maximum extent
practicable, ensure—
‘‘(i) geographical diversity; and
‘‘(ii) equitable treatment of urban, rural, and tribal
communities.
‘‘(C) MAXIMUM AMOUNT.—The total amount provided
to a grant recipient under this subsection shall not exceed
$100,000.
‘‘(4) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—The Federal share of costs for a
project funded through a grant awarded under this subsection shall not exceed 75 percent of the total cost of
the project.
‘‘(B) FEDERAL MATCHING.—As a condition of receiving
a grant under this subsection, a grant recipient shall 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.
‘‘(5) CRITERIA FOR SELECTION.—To the maximum extent
practicable, in providing assistance under this subsection, the
Secretary shall give the highest priority to funding projects
that, as determined by the Secretary—
‘‘(A) make local food products available on the menu
of the eligible school;
‘‘(B) serve a high proportion of children who are eligible
for free or reduced price lunches;

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Effective dates.

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PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(C) incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm and garden-based agricultural education activities;
‘‘(D) demonstrate collaboration between eligible schools,
nongovernmental and community-based organizations,
agricultural producer groups, and other community partners;
‘‘(E) include adequate and participatory evaluation
plans;
‘‘(F) demonstrate the potential for long-term program
sustainability; and
‘‘(G) meet any other criteria that the Secretary determines appropriate.
‘‘(6) EVALUATION.—As a condition of receiving a grant under
this subsection, each grant recipient shall agree to cooperate
in an evaluation by the Secretary of the program carried out
using grant funds.
‘‘(7) TECHNICAL ASSISTANCE.—The Secretary shall provide
technical assistance and information to assist eligible schools,
State and local agencies, Indian tribal organizations, and nonprofit entities—
‘‘(A) to facilitate the coordination and sharing of
information and resources in the Department that may
be applicable to the farm to school program;
‘‘(B) to collect and share information on best practices;
and
‘‘(C) to disseminate research and data on existing farm
to school programs and the potential for programs in underserved areas.
‘‘(8) FUNDING.—
‘‘(A) IN GENERAL.—On October 1, 2012, and each
October 1 thereafter, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this subsection
$5,000,000, to remain available until expended.
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this subsection the funds transferred under subparagraph (A), without further appropriation.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In addition to
the amounts made available under paragraph (8), there are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2011 through
2015.
‘‘(h) PILOT PROGRAM FOR HIGH-POVERTY SCHOOLS.—
‘‘(1) IN GENERAL.—’’; and
(3) in subsection (h) (as redesignated by paragraph (2))—
(A) in subparagraph (F) of paragraph (1) (as so redesignated), by striking ‘‘in accordance with paragraph (1)(H)’’
and inserting ‘‘carried out by the Secretary’’;
(B) by redesignating paragraph (4) as paragraph (2);
and
(C) in paragraph (2) (as so redesignated), by striking
‘‘2009’’ and inserting ‘‘2015’’.

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3239

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

7 USC 3179.

(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.
(b) PRIORITIES.—The Secretary shall—
(1) identify and assess the impacts of specific presentation,
placement, and other strategies for structuring choices on selection and consumption of healthful foods in a variety of settings,
consistent with the most recent version of the Dietary Guidelines for Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341);
(2) demonstrate and rigorously evaluate behavioral
economics-related interventions that hold promise to improve
diets and promote health, including through demonstration
projects that may include evaluation of the use of portion
size, labeling, convenience, and other strategies to encourage
healthy choices; and
(3) encourage adoption of the most effective strategies
through outreach and technical assistance.
(c) AUTHORITY.—In carrying out the program under subsection
(a), the Secretary may—
(1) enter into competitively awarded contracts or cooperative agreements; or
(2) provide grants to States or public or private agencies
or organizations, as determined by the Secretary.
(d) APPLICATION.—To be eligible to enter into a contract or
cooperative agreement or receive a grant under this section, a
State or public or private agency or organization shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(e) COORDINATION.—The solicitation and evaluation of 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).
(f) ANNUAL REPORTS.—Not later than 90 days after the end
of each fiscal year, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that includes a description of—
(1) the policies, priorities, and operations of the program
carried out by the Secretary under this section during the
fiscal year;
(2) the results of any evaluations completed during the
fiscal year; and
(3) the efforts undertaken to disseminate successful practices through outreach and technical assistance.
(g) AUTHORIZATION OF APPROPRIATIONS.—

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124 STAT. 3240

PUBLIC LAW 111–296—DEC. 13, 2010
(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section such sums as are necessary for each
of fiscal years 2011 through 2015.
(2) USE OF FUNDS.—The Secretary may use up to 5 percent
of the funds made available under paragraph (1) for Federal
administrative expenses incurred in carrying out this section.

TITLE III—IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION PROGRAMS
Subtitle A—National School Lunch
Program
SEC. 301. PRIVACY PROTECTION.

Section 9(d)(1) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(d)(1)) is amended—
(1) in the first sentence, by inserting ‘‘the last 4 digits
of’’ before ‘‘the social security account number’’; and
(2) by striking the second sentence.
SEC. 302. APPLICABILITY OF FOOD SAFETY PROGRAM ON ENTIRE
SCHOOL CAMPUS.

Section 9(h)(5) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)(5)) is amended—
(1) by striking ‘‘Each school food’’ and inserting the following:
‘‘(A) IN GENERAL.—Each school food’’; and
(2) by adding at the end the following:
‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply to
any facility or part of a facility in which food is stored,
prepared, or served for the purposes of the school nutrition
programs under this Act or section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).’’.

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SEC. 303. FINES FOR VIOLATING PROGRAM REQUIREMENTS.

Section 22 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769c) is amended by adding at the end the following:
‘‘(e) FINES FOR VIOLATING PROGRAM REQUIREMENTS.—
‘‘(1) SCHOOL FOOD AUTHORITIES AND SCHOOLS.—
‘‘(A) IN GENERAL.—The Secretary shall establish criteria by which the Secretary or a State agency may impose
a fine against any school food authority or school administering a program authorized under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the Secretary or the State agency determines that the school food
authority or school has—
‘‘(i) failed to correct severe mismanagement of the
program;
‘‘(ii) disregarded a program requirement of which
the school food authority or school had been informed;
or
‘‘(iii) failed to correct repeated violations of program requirements.
‘‘(B) LIMITS.—

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124 STAT. 3241

‘‘(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.
‘‘(ii) AMOUNT.—The amount under clause (i) shall
not exceed—
‘‘(I) 1 percent of the amount of meal reimbursements earned for the fiscal year for the first finding
of 1 or more program violations under subparagraph (A);
‘‘(II) 5 percent of the amount of meal
reimbursements earned for the fiscal year for the
second finding of 1 or more program violations
under subparagraph (A); and
‘‘(III) 10 percent of the amount of meal
reimbursements earned for the fiscal year for the
third or subsequent finding of 1 or more program
violations under subparagraph (A).
‘‘(2) STATE AGENCIES.—
‘‘(A) IN GENERAL.—The Secretary shall establish 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—
‘‘(i) failed to correct severe mismanagement of the
program;
‘‘(ii) disregarded a program requirement of which
the State had been informed; or
‘‘(iii) failed to correct repeated violations of program requirements.
‘‘(B) LIMITS.—In the case of a State agency, the amount
of a fine under subparagraph (A) shall not exceed—
‘‘(i) 1 percent of funds made available under section
7(a) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(a)) for State administrative expenses during a
fiscal year for the first finding of 1 or more program
violations under subparagraph (A);
‘‘(ii) 5 percent of funds made available under 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); and
‘‘(iii) 10 percent of funds made available under
section 7(a) of the Child Nutrition Act of 1966 (42
U.S.C. 1776(a)) for State administrative expenses
during a fiscal year for the third or subsequent finding
of 1 or more program violations under subparagraph
(A).
‘‘(3) SOURCE OF FUNDING.—Funds to pay a fine imposed
under paragraph (1) or (2) shall be derived from non-Federal
sources.’’.

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PUBLIC LAW 111–296—DEC. 13, 2010

SEC. 304. INDEPENDENT REVIEW OF APPLICATIONS.

Standards.

Procedures.

Procedures.

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Section 22(b) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769c(b)) is amended by adding at the end the
following:
‘‘(6) ELIGIBILITY DETERMINATION REVIEW FOR SELECTED
LOCAL EDUCATIONAL AGENCIES.—
‘‘(A) IN GENERAL.—A local educational agency that has
demonstrated a high level of, or a high risk for, 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.
‘‘(B) TIMELINESS.—The review of initial eligibility determinations—
‘‘(i) shall be completed in a timely manner; and
‘‘(ii) shall not result in the delay of an eligibility
determination for more than 10 operating days after
the date on which the application is submitted.
‘‘(C) ACCEPTABLE TYPES OF REVIEW.—Subject to 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.
‘‘(D) NOTIFICATION OF HOUSEHOLD.—Once the review
of an eligibility determination has been completed under
this paragraph, the household shall be notified immediately
of the determination of eligibility or ineligibility for free
or reduced price meals.
‘‘(E) REPORTING.—
‘‘(i) LOCAL EDUCATIONAL AGENCIES.—In accordance
with procedures established by the Secretary, each
local educational agency required to review initial eligibility determinations shall submit to the relevant State
agency a report describing the results of the reviews,
including—
‘‘(I) the number and percentage of reviewed
applications for which the eligibility determination
was changed and the type of change made; and
‘‘(II) such other information as the Secretary
determines to be necessary.
‘‘(ii) STATE AGENCIES.—In accordance with 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—
‘‘(I) the number and percentage of reviewed
applications for which the eligibility determination
was changed and the type of change made; and
‘‘(II) such other information as the Secretary
determines to be necessary.
‘‘(iii) TRANSPARENCY.—The Secretary shall publish
annually the results of the reviews of initial eligibility
determinations by State, number, percentage, and type
of error.’’.

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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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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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‘‘(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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42 USC 1751
note.
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(c) REGULATIONS.—After conducting the study under subsection
(b)(1) and identifying costs under subsection (b)(2), the Secretary
may promulgate regulations to address—
(1) any identified deficiencies in the allocation of indirect
costs; and
(2) the authority of school food authorities to reimburse
only those costs identified by the Secretary as reasonable and
necessary under subsection (b)(2).
(d) REPORT.—Not later than October 1, 2013, the Secretary
shall submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results
of the study under subsection (b).
(e) FUNDING.—
(1) IN GENERAL.—On October 1, 2010, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary to carry out this
section $2,000,000, to remain available until expended.
(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this
section the funds transferred under paragraph (1), without
further appropriation.
SEC. 308. ENSURING SAFETY OF SCHOOL MEALS.

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

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

‘‘(a) FOOD AND NUTRITION SERVICE.—Not later than 1 year
after the date of enactment of the Healthy, Hunger-Free Kids
Act of 2010, the Secretary, acting through the Administrator of
the Food and Nutrition Service, shall—
‘‘(1) in consultation with the Administrator of the 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.);
‘‘(2) work with States to explore ways for the States to
increase the timeliness of notification of food recalls to schools
and school food authorities;
‘‘(3) improve the timeliness and completeness of direct
communication between the Food and Nutrition Service and
States about holds and recalls, such as through the commodity
alert system of the Food and Nutrition Service; and
‘‘(4) establish a timeframe to improve the commodity hold
and recall procedures of the Department of Agriculture to
address the role of processors and determine the involvement
of distributors with processed products that may contain
recalled ingredients, to facilitate the provision of more timely
and complete information to schools.
‘‘(b) FOOD SAFETY AND INSPECTION SERVICE.—Not later than
1 year after the date of enactment of the Healthy, Hunger-Free
Kids Act of 2010, the Secretary, acting through the Administrator

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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.’’.

Subtitle B—Summer Food Service Program
SEC. 321. SUMMER FOOD SERVICE PROGRAM PERMANENT OPERATING
AGREEMENTS.

Section 13(b) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761(b)) is amended by striking paragraph (3) and
inserting the following:
‘‘(3) PERMANENT OPERATING AGREEMENTS AND BUDGET FOR
ADMINISTRATIVE COSTS.—
‘‘(A) PERMANENT OPERATING AGREEMENTS.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii),
to participate in the program, a service institution
that meets the conditions of eligibility described in
this section and in regulations promulgated by the
Secretary, shall be required to enter into a permanent
agreement with the applicable State agency.
‘‘(ii) AMENDMENTS.—A permanent agreement
described in clause (i) may be amended as necessary
to ensure that the service institution is in compliance
with all requirements established in this section or
by the Secretary.
‘‘(iii) TERMINATION.—A permanent agreement
described in clause (i)—
‘‘(I) may be terminated for convenience by the
service institution and State agency that is a party
to the permanent agreement; and
‘‘(II) shall be terminated—
‘‘(aa) for cause by the applicable State
agency in accordance with subsection (q) and
with regulations promulgated by the Secretary; or
‘‘(bb) on termination of participation of the
service institution in the program.
‘‘(B) BUDGET FOR ADMINISTRATIVE COSTS.—
‘‘(i) IN GENERAL.—When applying for participation
in the program, and not less frequently than annually
thereafter, each service institution shall submit a complete budget for administrative costs related to the
program, which shall be subject to approval by the
State.
‘‘(ii) AMOUNT.—Payment to service institutions for
administrative costs shall equal the levels determined
by the Secretary pursuant to the study required in
paragraph (4).’’.

Regulations.

Regulations.

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SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALIFICATION.

Section 13 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761) is amended—
(1) by redesignating subsection (q) as subsection (r); and
(2) by inserting after subsection (p) the following:
‘‘(q) TERMINATION AND DISQUALIFICATION OF PARTICIPATING
ORGANIZATIONS.—

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PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(1) IN GENERAL.—Each State agency shall follow the procedures established by the Secretary for the termination of
participation of institutions under the program.
‘‘(2) FAIR HEARING.—The procedures described in paragraph
(1) shall include provision for a fair hearing and prompt determination for any service institution aggrieved by any action
of the State agency that affects—
‘‘(A) the participation of the service institution in the
program; or
‘‘(B) the claim of the service institution for reimbursement under this section.
‘‘(3) LIST OF DISQUALIFIED INSTITUTIONS AND INDIVIDUALS.—
‘‘(A) IN GENERAL.—The Secretary shall maintain a list
of service institutions and individuals that have been terminated or otherwise disqualified from participation in the
program under the procedures established pursuant to
paragraph (1).
‘‘(B) AVAILABILITY.—The Secretary shall make the list
available to States for use in approving or renewing
applications by service institutions for participation in the
program.’’.

Procedures.

Subtitle C—Child and Adult Care Food
Program

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

(a) PERMANENT OPERATING AGREEMENTS.—Section 17(d)(1) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(d)(1)) is amended by adding at the end the following:
‘‘(E) PERMANENT OPERATING AGREEMENTS.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii),
to participate in the child and adult care food program,
an institution that meets the conditions of eligibility
described in this subsection shall be required to enter
into a permanent agreement with the applicable State
agency.
‘‘(ii) AMENDMENTS.—A permanent agreement
described in clause (i) may be amended as necessary
to ensure that the institution is in compliance with
all requirements established in this section or by the
Secretary.
‘‘(iii) TERMINATION.—A permanent agreement
described in clause (i)—
‘‘(I) may be terminated for convenience by the
institution or State agency that is a party to the
permanent agreement; and
‘‘(II) shall be terminated—
‘‘(aa) for cause by the applicable State
agency in accordance with paragraph (5); or
‘‘(bb) on termination of participation of the
institution in the child and adult care food
program.’’.
(b) APPLICATIONS AND REVIEWS.—Section 17(d) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1766(d)) is
amended by striking paragraph (2) and inserting the following:

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124 STAT. 3249

‘‘(2) PROGRAM APPLICATIONS.—
‘‘(A) IN GENERAL.—The Secretary shall develop a policy
under which each institution providing child care that
participates in the program under this section shall—
‘‘(i) submit to the State agency an initial application to participate in the program that meets all
requirements established by the Secretary by regulation;
‘‘(ii) annually confirm to the State agency that
the institution, and any facilities of the institution
in which the program is operated by a sponsoring
organization, is in compliance with subsection (a)(5);
and
‘‘(iii) annually submit to the State agency any 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.
‘‘(B) REQUIRED REVIEWS OF SPONSORED FACILITIES.—
‘‘(i) IN GENERAL.—The Secretary shall develop a
policy under which each sponsoring organization
participating in the program under this section shall
conduct—
‘‘(I) periodic unannounced site visits at not
less than 3-year intervals to sponsored child and
adult care centers and family or group day care
homes to identify and prevent management deficiencies and fraud and abuse under the program;
and
‘‘(II) at least 1 scheduled site visit each year
to sponsored child and adult care centers and
family or group day care homes to identify and
prevent management deficiencies and fraud and
abuse under the program and to improve program
operations.
‘‘(ii) VARIED TIMING.—Sponsoring organizations
shall vary the timing of unannounced reviews under
clause (i)(I) in a manner that makes the reviews
unpredictable to sponsored facilities.
‘‘(C) REQUIRED REVIEWS OF INSTITUTIONS.—The Secretary shall develop a policy under which each State agency
shall conduct—
‘‘(i) at least 1 scheduled site visit at not less than
3-year intervals to each institution under the State
agency participating in the program under this section—
‘‘(I) to identify and prevent management deficiencies and fraud and abuse under the program;
and
‘‘(II) to improve program operations; and
‘‘(ii) more frequent reviews of any institution
that—
‘‘(I) sponsors a significant share of the facilities
participating in the program;
‘‘(II) conducts activities other than the program authorized under this section;

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Deadlines.

Deadlines.

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‘‘(III) has serious management problems, as
identified in a prior review, or is at risk of having
serious management problems; or
‘‘(IV) meets such other criteria as are defined
by the Secretary.
‘‘(D) DETECTION AND DETERRENCE OF ERRONEOUS PAYMENTS AND FALSE CLAIMS.—
‘‘(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.
‘‘(ii) BLOCK CLAIMS.—
‘‘(I) DEFINITION OF BLOCK CLAIM.—In this
clause, the term ‘block claim’ has the meaning
given the term in section 226.2 of title 7, Code
of Federal Regulations (or successor regulations).
‘‘(II) PROGRAM EDIT CHECKS.—The Secretary
may not require any State agency, sponsoring
organization, or other institution to perform edit
checks or on-site reviews relating to the detection
of block claims by any child care facility.
‘‘(III) ALLOWANCE.—Notwithstanding 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).’’.
(c) AGREEMENTS.—Section 17(j)(1) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(j)(1)) is amended—
(1) by striking ‘‘may’’ and inserting ‘‘shall’’;
(2) by striking ‘‘family or group day care’’ the first place
it appears; and
(3) by inserting ‘‘or sponsored day care centers’’ before
‘‘participating’’.
SEC. 332. STATE LIABILITY FOR PAYMENTS TO AGGRIEVED CHILD
CARE INSTITUTIONS.

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Regulations.

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Section 17(e) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(e)) is amended—
(1) in paragraph (3), by striking ‘‘(3) If a State’’ and
inserting the following:
‘‘(5) SECRETARIAL HEARING.—If a State’’; and
(2) by striking ‘‘(e) Except as provided’’ and all that follows
through ‘‘(2) A State’’ and inserting the following:
‘‘(e) HEARINGS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (4),
each State agency shall provide, in accordance with regulations
promulgated by the Secretary, an opportunity for a fair hearing
and a prompt determination to any institution aggrieved by
any action of the State agency that affects—
‘‘(A) the participation of the institution in the program
authorized by this section; or
‘‘(B) the claim of the institution for reimbursement
under this section.

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‘‘(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 nonFederal sources, all valid claims for reimbursement to the
institution and the facilities of the institution during the period
beginning on the day after the end of any regulatory deadline
for providing the opportunity and making the determination
and ending on the date on which a hearing determination
is made.
‘‘(3) NOTICE TO STATE AGENCY.—The Secretary shall provide
written notice to a State agency at least 30 days prior to
imposing any liability for reimbursement under paragraph (2).
‘‘(4) FEDERAL AUDIT DETERMINATION.—A State’’.

Regulations.
Time period.

Deadline.

SEC. 333. TRANSMISSION OF INCOME INFORMATION BY SPONSORED
FAMILY OR GROUP DAY CARE HOMES.

Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(III)) is amended by
adding at the end the following:
‘‘(dd) TRANSMISSION OF INCOME 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).
‘‘(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.’’.

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SEC. 334. SIMPLIFYING AND ENHANCING ADMINISTRATIVE PAYMENTS
TO SPONSORING ORGANIZATIONS.

Section 17(f)(3) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(3)) is amended by striking subparagraph
(B) and inserting the following:
‘‘(B) ADMINISTRATIVE FUNDS.—
‘‘(i) IN GENERAL.—In addition to reimbursement
factors described in subparagraph (A), a family or
group day care home sponsoring organization shall
receive reimbursement for the administrative expenses
of the sponsoring organization in an amount that is
not less than the product obtained each month by
multiplying—

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‘‘(I) the number of family and group day care
homes of the sponsoring organization submitting
a claim for reimbursement during the month; by
‘‘(II) the appropriate administrative rate determined by the Secretary.
‘‘(ii) ANNUAL ADJUSTMENT.—The administrative
reimbursement levels specified in clause (i) shall be
adjusted July 1 of each year to reflect changes in
the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor for the most recent 12-month
period for which such data are available.
‘‘(iii) CARRYOVER FUNDS.—The Secretary shall
develop procedures under which not more than 10 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.’’.

Procedures.

SEC. 335. CHILD AND ADULT CARE FOOD PROGRAM AUDIT FUNDING.

Section 17(i) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(i)) is amended by striking paragraph (2) and
inserting the following:
‘‘(2) FUNDING.—
‘‘(A) IN GENERAL.—The Secretary shall make available
for each fiscal year to each State agency administering
the child and adult care food program, for the purpose
of conducting audits of participating institutions, an
amount of up to 1.5 percent of the funds used by each
State in the program under this section, during the second
preceding fiscal year.
‘‘(B) ADDITIONAL FUNDING.—
‘‘(i) IN GENERAL.—Subject to clause (ii), for fiscal
year 2016 and each fiscal year thereafter, the Secretary
may increase the amount of funds made available to
any State agency under subparagraph (A), if the State
agency demonstrates that the State agency can effectively use the funds to improve program management
under criteria established by the Secretary.
‘‘(ii) LIMITATION.—The total amount of funds made
available to any State agency under this paragraph
shall not exceed 2 percent of the funds used by each
State agency in the program under this section, during
the second preceding fiscal year.’’.

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42 USC 1766
note.

SEC.

336.

REDUCING PAPERWORK
ADMINISTRATION.

AND

IMPROVING

PROGRAM

(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).
(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.

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(c) DUTIES.—At a minimum, the examination shall include—
(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);
and
(2) examination of additional paperwork and administrative
requirements that have been established since February 23,
2007, that could be reduced or simplified.
(d) ADDITIONAL DUTIES.—The Secretary, in conjunction with
States and institutions participating in the program, may also
examine any aspect of administration of the program.
(e) REPORT.—Not later than 4 years after the date of enactment
of this Act, the Secretary shall submit to Congress a report that
describes the actions that have been taken to carry out this section,
including—
(1) actions taken to address administrative and paperwork
burdens identified as a result of compliance with section 119(i)
of the Child Nutrition and WIC Reauthorization Act of 2004
(42 U.S.C. 1766 note; Public Law 108–265);
(2) administrative and paperwork burdens identified as
a result of compliance with section 119(i) of that Act for which
no regulatory action or policy guidance has been taken;
(3) additional steps that the Secretary is taking or plans
to take to address any administrative and paperwork burdens
identified under subsection (c)(2) and paragraph (2), including—
(A) new or updated regulations, policy, guidance, or
technical assistance; and
(B) a timeframe for the completion of those steps;
and
(4) recommendations to Congress for modifications to
existing statutory authorities needed to address identified
administrative and paperwork burdens.
SEC. 337. STUDY RELATING TO THE CHILD AND ADULT CARE FOOD
PROGRAM.

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(a) STUDY.—The Secretary, acting through the Administrator
of the Food and Nutrition Service, shall carry out a study of States
participating in an afterschool supper program under the child
and adult care food program established under section 17(r) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(r)).
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to Congress, and make
available on the website of the Food and Nutrition Service, a
report that describes—
(1) best practices of States in soliciting sponsors for an
afterschool supper program described in subsection (a); and
(2) any Federal or State laws or requirements that may
be a barrier to participation in the program.

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Subtitle D—Special Supplemental Nutrition Program for Women, Infants, and
Children
SEC. 351. SHARING OF MATERIALS WITH OTHER PROGRAMS.

Section 17(e)(3) of the Child Nutrition Act (42 U.S.C. 1786(e)(3))
is amended by striking subparagraph (B) and inserting the following:
‘‘(B) SHARING OF MATERIALS WITH OTHER PROGRAMS.—
‘‘(i) COMMODITY SUPPLEMENTAL FOOD PROGRAM.—
The Secretary may provide, in bulk quantity, nutrition
education materials (including materials promoting
breastfeeding) developed with funds made available
for the program authorized under this section to State
agencies administering the commodity supplemental
food program established under section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C.
612c note; Public Law 93–86) at no cost to that program.
‘‘(ii) CHILD AND ADULT CARE FOOD PROGRAM.—A
State agency may allow the local agencies or clinics
under the State agency to share nutrition educational
materials with institutions participating in the child
and adult care food program established under section
17 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766) at no cost to that program, if
a written materials sharing agreement exists between
the relevant agencies.’’.
SEC. 352. WIC PROGRAM MANAGEMENT.

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(a) WIC EVALUATION FUNDS.—Section 17(g)(5) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)) is amended by striking
‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’.
(b) WIC REBATE PAYMENTS.—Section 17(h)(8) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)) is amended by adding
at the end the following:
‘‘(K) REPORTING.—Effective beginning October 1, 2011,
each State agency shall report rebate payments received
from manufacturers in the month in which the payments
are received, rather than in the month in which the payments were earned.’’.
(c) COST CONTAINMENT MEASURE.—Section 17(h) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended—
(1) in paragraph (8)(A)(iv)(III), by striking ‘‘Any’’ and
inserting ‘‘Except as provided in paragraph (9)(B)(i)(II), any’’;
and
(2) by striking paragraph (9) and inserting the following:
‘‘(9) COST CONTAINMENT MEASURE.—
‘‘(A) DEFINITION OF COST CONTAINMENT MEASURE.—In
this subsection, the term ‘cost containment measure’ means
a competitive bidding, rebate, direct distribution, or home
delivery system implemented by a State agency as
described in the approved State plan of operation and
administration of the State agency.

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124 STAT. 3255

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‘‘(B) SOLICITATION AND REBATE
MENTS.—Any State agency instituting

BILLING REQUIREa cost containment
measure for any authorized food, including infant formula,
shall—
‘‘(i) in the bid solicitation—
‘‘(I) identify the composition of State alliances
for the purposes of a cost containment measure;
and
‘‘(II) verify that no additional States shall be
added to the State alliance between the date of
the bid solicitation and the end of the contract;
‘‘(ii) have a system to ensure that rebate invoices
under competitive bidding provide a reasonable estimate or an actual count of the number of units sold
to participants in the program under this section;
‘‘(iii) open and read aloud all bids at a public
proceeding on the day on which the bids are due;
and
‘‘(iv) unless otherwise exempted by the Secretary,
provide a minimum of 30 days between the publication
of the solicitation and the date on which the bids
are due.
‘‘(C) STATE ALLIANCES FOR AUTHORIZED FOODS OTHER
THAN INFANT FORMULA.—Program requirements relating
to the size of State alliances under paragraph (8)(A)(iv)
shall apply to cost containment measures established for
any authorized food under this section.’’.
(d) ELECTRONIC BENEFIT TRANSFER.—Section 17(h) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by striking
paragraph (12) and inserting the following:
‘‘(12) ELECTRONIC BENEFIT TRANSFER.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) ELECTRONIC BENEFIT TRANSFER.—The term
‘electronic benefit transfer’ means a food delivery
system that provides benefits using a card or other
access device approved by the Secretary that permits
electronic access to program benefits.
‘‘(ii) PROGRAM.—The term ‘program’ means the special supplemental nutrition program established by
this section.
‘‘(B) REQUIREMENTS.—
‘‘(i) IN GENERAL.—Not later than October 1, 2020,
each State agency shall be required to implement 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.
‘‘(ii) RESPONSIBILITY.—The State agency shall be
responsible for the coordination and management of
the electronic benefit transfer system of the agency.
‘‘(C) EXEMPTIONS.—
‘‘(i) IN GENERAL.—To be eligible for an exemption
from the statewide implementation requirements of
subparagraph (B)(i), a State agency shall demonstrate
to the satisfaction of the Secretary 1 or more of the
following:

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PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(I) There are unusual technological barriers
to implementation.
‘‘(II) Operational costs are not affordable
within the nutrition services and administration
grant of the State agency.
‘‘(III) It is in the best interest of the program
to grant the exemption.
‘‘(ii) SPECIFIC DATE.—A State agency requesting
an exemption under clause (i) shall specify a date
by which the State agency anticipates statewide
implementation described in subparagraph (B)(i).
‘‘(D) REPORTING.—
‘‘(i) IN GENERAL.—Each State agency shall submit
to the Secretary electronic benefit transfer project
status reports to demonstrate the progress of the State
toward statewide implementation.
‘‘(ii) CONSULTATION.—If a State agency plans to
incorporate additional programs in the electronic 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.
‘‘(iii) REQUIREMENTS.—At a minimum, a status
report submitted under clause (i) shall contain—
‘‘(I) an annual outline of the electronic benefit
transfer implementation goals and objectives of
the State;
‘‘(II) appropriate updates in accordance with
approval requirements for active electronic benefit
transfer State agencies; and
‘‘(III) such other information as the Secretary
may require.
‘‘(E) IMPOSITION OF COSTS ON VENDORS.—
‘‘(i) COST PROHIBITION.—Except as otherwise 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.
‘‘(ii) COST-SHARING.—The Secretary shall establish
criteria for cost-sharing by State agencies and vendors
of costs associated with any equipment or system that
is not solely dedicated to transacting electronic benefit
transfers for the program.
‘‘(iii) FEES.—
‘‘(I) IN GENERAL.—A vendor that elects to
accept electronic benefit transfers using multifunction equipment shall pay commercial transaction processing costs and fees imposed by a thirdparty processor that the vendor elects to use to
connect to the electronic benefit transfer system
of the State.
‘‘(II) INTERCHANGE FEES.—No interchange fees
shall apply to electronic benefit transfer transactions under this paragraph.

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124 STAT. 3257

‘‘(iv) STATEWIDE OPERATIONS.—After completion of
statewide expansion of a system for transaction of electronic benefit transfers—
‘‘(I) a State agency may not be required to
incur ongoing maintenance costs for vendors using
multifunction systems and equipment to support
electronic benefit transfers; and
‘‘(II) any retail store in the State that applies
for authorization to become a program vendor shall
be required to demonstrate the capability to accept
program benefits electronically prior to authorization, unless the State agency determines that the
vendor is necessary for participant access.
‘‘(F) MINIMUM LANE COVERAGE.—
‘‘(i) IN GENERAL.—The Secretary shall establish
minimum lane coverage guidelines for vendor equipment and systems used to support electronic benefit
transfers.
‘‘(ii) PROVISION OF EQUIPMENT.—If a vendor does
not elect to accept electronic benefit transfers using
its own multifunction equipment, the State agency
shall provide such equipment as is necessary to solely
support the program to meet the established minimum
lane coverage guidelines.
‘‘(G) TECHNICAL STANDARDS.—The Secretary shall—
‘‘(i) establish technical standards and operating
rules for electronic benefit transfer systems; and
‘‘(ii) require each State agency, contractor, and
authorized vendor participating in the program to demonstrate compliance with the technical standards and
operating rules.’’.
(e) UNIVERSAL PRODUCT CODES DATABASE.—Section 17(h) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended
by striking paragraph (13) and inserting the following:
‘‘(13) UNIVERSAL PRODUCT CODES DATABASE.—
‘‘(A) IN GENERAL.—Not later than 2 years after the
date of enactment of the Healthy, Hunger-Free Kids Act
of 2010, the Secretary shall establish a national universal
product code database to be used by all State agencies
in carrying out the requirements of paragraph (12).
‘‘(B) FUNDING.—
‘‘(i) IN GENERAL.—On October 1, 2010, and on each
October 1 thereafter, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out
this paragraph $1,000,000, to remain available until
expended.
‘‘(ii) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out this paragraph the funds transferred
under clause (i), without further appropriation.
‘‘(iii) USE OF FUNDS.—The Secretary shall use the
funds provided under clause (i) for development,
hosting, hardware and software configuration, and support of the database required under subparagraph
(A).’’.

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PUBLIC LAW 111–296—DEC. 13, 2010

(f) TEMPORARY SPENDING AUTHORITY.—Section 17(i) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended by
adding at the end the following:
‘‘(8) TEMPORARY SPENDING AUTHORITY.—During each of
fiscal years 2012 and 2013, the Secretary may authorize a
State agency to expend more than the amount otherwise authorized under paragraph (3)(C) for expenses incurred under this
section for supplemental foods during the preceding fiscal year,
if the Secretary determines that—
‘‘(A) there has been a significant reduction in reported
infant formula cost containment savings for the preceding
fiscal year due to the implementation of subsection
(h)(8)(K); and
‘‘(B) the reduction would affect the ability of the State
agency to serve all eligible participants.’’.

Subtitle E—Miscellaneous
SEC. 361. FULL USE OF FEDERAL FUNDS.

Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) is amended by striking subsection (b) and
inserting the following:
‘‘(b) AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall incorporate, in the
agreement of the Secretary with the State agencies 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.).
‘‘(2) EXPECTATIONS FOR USE OF FUNDS.—Agreements
described in paragraph (1) shall include a provision that—
‘‘(A) supports full use of Federal funds provided to
State agencies for the administration of programs authorized under this Act or the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.); and
‘‘(B) excludes the Federal funds from State budget
restrictions or limitations including, at a minimum—
‘‘(i) hiring freezes;
‘‘(ii) work furloughs; and
‘‘(iii) travel restrictions.’’.

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SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.

Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) (as amended by section 206) is amended
by adding at the end the following:
‘‘(r) DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.—
Any school, institution, service institution, facility, or individual
that has been terminated from any program authorized under this
Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
and is on a list of disqualified institutions and individuals under
section 13 or section 17(d)(5)(E) of this Act may not be approved
to participate in or administer any program authorized under this
Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).’’.

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124 STAT. 3259

TITLE IV—MISCELLANEOUS
Subtitle A—Reauthorization of Expiring
Provisions
PART I—RICHARD B. RUSSELL NATIONAL
SCHOOL LUNCH ACT
SEC. 401. COMMODITY SUPPORT.

Section 6(e)(1)(B) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2020’’.
SEC. 402. FOOD SAFETY AUDITS AND REPORTS BY STATES.

Section 9(h) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)) is amended—
(1) in paragraph (3), by striking ‘‘2006 through 2010’’ and
inserting ‘‘2011 through 2015’’; and
(2) in paragraph (4), by striking ‘‘2006 through 2010’’ and
inserting ‘‘2011 through 2015’’.
SEC. 403. PROCUREMENT TRAINING.

Section 12(m)(4) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760(m)(4)) is amended by striking ‘‘2005
through 2009’’ and inserting ‘‘2010 through 2015’’.
SEC. 404. AUTHORIZATION OF THE SUMMER FOOD SERVICE PROGRAM
FOR CHILDREN.

Subsection (r) of section 13 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761) (as redesignated by section
322(1)) is amended by striking ‘‘September 30, 2009’’ and inserting
‘‘September 30, 2015’’.
SEC. 405. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES.

Subsection (i)(5) of section 18 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769) (as redesignated by section
243(1)) is amended by striking ‘‘2005 through 2010’’ and inserting
‘‘2011 through 2015’’.

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SEC. 406. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE
MANAGEMENT INSTITUTE.

Section 21(e) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769b–1(e)) is amended—
(1) by striking ‘‘(e) AUTHORIZATION OF APPROPRIATIONS’’
and all that follows through the end of paragraph (2)(A) and
inserting the following:
‘‘(e) FOOD SERVICE MANAGEMENT INSTITUTE.—
‘‘(1) FUNDING.—
‘‘(A) IN GENERAL.—In addition to any amounts 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.

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PUBLIC LAW 111–296—DEC. 13, 2010
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out subsection (a)(2) the funds transferred under subparagraph (A), without further appropriation.’’;
(2) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and indenting appropriately;
(3) in paragraph (2) (as so redesignated), by striking
‘‘subparagraph (A)’’ each place it appears and inserting ‘‘paragraph (1)’’; and
(4) in paragraph (3) (as so redesignated), by striking ‘‘subparagraphs (A) and (B)’’ and inserting ‘‘paragraphs (1) and
(2)’’.

SEC. 407. FEDERAL ADMINISTRATIVE SUPPORT.

Section 21(g)(1)(A)) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769b–1(g)(1)(A)) is amended—
(1) in clause (i), by striking ‘‘and’’ at the end;
(2) in clause(ii), by striking the period at the end and
inserting ‘‘; and’’
(3) and by adding at the end the following:
‘‘(iii) on October 1, 2010, and every October 1 thereafter, $4,000,000.’’.
SEC. 408. COMPLIANCE AND ACCOUNTABILITY.

Section 22(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769c(d)) is amended by striking ‘‘$6,000,000 for
each of fiscal years 2004 through 2009’’ and inserting ‘‘$10,000,000
for each of fiscal years 2011 through 2015’’.
SEC. 409. INFORMATION CLEARINGHOUSE.

Section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking
‘‘2005 through 2010’’ and inserting ‘‘2010 through 2015’’.

PART II—CHILD NUTRITION ACT OF 1966
SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT.

Section 7(i)(4) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(i)(4)) is amended by striking ‘‘2005 through 2009’’ and
inserting ‘‘2010 through 2015’’.
SEC. 422. STATE ADMINISTRATIVE EXPENSES.

Section 7(j) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(j)) is amended by striking ‘‘October 1, 2009’’ and inserting
‘‘October 1, 2015’’.
SEC.

423.

SPECIAL SUPPLEMENTAL NUTRITION
WOMEN, INFANTS, AND CHILDREN.

PROGRAM

FOR

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’’.

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SEC. 424. FARMERS MARKET NUTRITION PROGRAM.

Section 17(m)(9) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(m)(9)) is amended by striking subparagraph (A) and inserting
the following:
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this subsection

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124 STAT. 3261

such sums as are necessary for each of fiscal years 2010
through 2015.’’.

Subtitle B—Technical Amendments
SEC. 441. TECHNICAL AMENDMENTS.

(a) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.—
(1) NUTRITIONAL REQUIREMENTS.—Section 9(f) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1758(f)) is amended—
(A) by striking ‘‘(f)’’ and all that follows through the
end of paragraph (1) and inserting the following:
‘‘(f) NUTRITIONAL REQUIREMENTS.—
‘‘(1) IN GENERAL.—Schools that are participating in the
school lunch program or school breakfast program shall serve
lunches and breakfasts that—
‘‘(A) are consistent with the goals of the most recent
Dietary Guidelines for Americans published under section
301 of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341); and
‘‘(B) consider the nutrient needs of children who may
be at risk for inadequate food intake and food insecurity.’’;
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively.
(2) ROUNDING RULES FOR COMPUTATION OF ADJUSTMENT.—
Section 11(a)(3)(B) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended by striking
‘‘ROUNDING.—’’ and all that follows through ‘‘On July’’ in subclause (II) and inserting ‘‘ROUNDING.—On July’’.
(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).
(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).
(5) SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.—
(A) IN GENERAL.—Section 13 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761) is amended
by striking the section heading and all that follows through
the end of subsection (a)(1) and inserting the following:

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‘‘SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

‘‘(a) IN GENERAL.—
‘‘(1) DEFINITIONS.—In this section:
‘‘(A) AREA IN WHICH POOR ECONOMIC CONDITIONS
EXIST.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the term
‘area in which poor economic conditions exist’, as the
term relates to an area in which a program food service
site is located, means—
‘‘(I) the attendance area of a school in which
at least 50 percent of the enrolled children have
been determined eligible for free or reduced price

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PUBLIC LAW 111–296—DEC. 13, 2010
school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
‘‘(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.);
‘‘(III) an area—
‘‘(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; and
‘‘(bb) at least 50 percent of the children
enrolled at the program food service site meet
the income standards for free or reduced price
school meals under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
‘‘(IV) a geographic area, as defined by the 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.); or
‘‘(V) an area for which the program food service
site demonstrates through other means approved
by the Secretary that at least 50 percent of the
children enrolled at the program food service site
are eligible for free or reduced price school meals
under this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
‘‘(ii) DURATION OF DETERMINATION.—A determination that an area is an ‘area in which poor economic
conditions exist’ under clause (i) shall be in effect for—
‘‘(I) in the case of an area described in clause
(i)(I), 5 years;
‘‘(II) in the case of an area described in clause
(i)(II), until more recent census data are available;
‘‘(III) in the case of an area described in clause
(i)(III), 1 year; and
‘‘(IV) in the case of an area described in subclause (IV) or (V) of clause (i), a period of time
to be determined by the Secretary, but not less
than 1 year.
‘‘(B) CHILDREN.—The term ‘children’ means—
‘‘(i) individuals who are 18 years of age and under;
and
‘‘(ii) individuals who are older than 18 years of
age who are—
‘‘(I) determined by a State educational agency
or a local public educational agency of a State,
in accordance with regulations promulgated by the
Secretary, to have a disability, and

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‘‘(II) participating in a public or nonprofit private school program established for individuals
who have a disability.
‘‘(C) PROGRAM.—The term ‘program’ means the summer
food service program for children authorized by this section.
‘‘(D) SERVICE INSTITUTION.—The term ‘service 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.).
‘‘(E) STATE.—The term ‘State’ means—
‘‘(i) each of the several States of the United States;
‘‘(ii) the District of Columbia;
‘‘(iii) the Commonwealth of Puerto Rico;
‘‘(iv) Guam;
‘‘(v) American Samoa;
‘‘(vi) the Commonwealth of the Northern Mariana
Islands; and
‘‘(vii) the United States Virgin Islands.’’.
(B) CONFORMING AMENDMENTS.—Section 13(a) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1761(a)) is amended—
(i) in paragraph (2)—
(I) by striking ‘‘(2) To the maximum extent
feasible,’’ and inserting the following:
‘‘(2) PROGRAM AUTHORIZATION.—
‘‘(A) IN GENERAL.—The Secretary may carry out a 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.
‘‘(B) PREPARATION OF FOOD.—
‘‘(i) IN GENERAL.—To the maximum extent feasible,’’; and
(II) by striking ‘‘The Secretary shall’’ and
inserting the following:
‘‘(ii) INFORMATION AND TECHNICAL ASSISTANCE.—
The Secretary shall’’;
(ii) in paragraph (3)—
(I) by striking ‘‘(3) Eligible service institutions’’
and inserting the following:
‘‘(3) ELIGIBLE SERVICE INSTITUTIONS.—Eligible service
institutions’’; and
(II) by indenting subparagraphs (A) through
(D) appropriately;
(iii) in paragraph (4)—
(I) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), respectively,
and indenting appropriately;
(II) by striking ‘‘(4) The following’’ and
inserting the following:
‘‘(4) PRIORITY.—

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124 STAT. 3264

‘‘(A) IN GENERAL.—The following’’; and
(III) by striking ‘‘The Secretary and the States’’
and inserting the following:
‘‘(B) RURAL AREAS.—The Secretary and the States’’;
(iv) by striking ‘‘(5) Camps’’ and inserting the following:
‘‘(5) CAMPS.—Camps’’; and
(v) by striking ‘‘(6) Service institutions’’ and
inserting the following:
‘‘(6) GOVERNMENT INSTITUTIONS.—Service institutions’’.
(6) REPORT ON IMPACT OF PROCEDURES TO SECURE STATE
SCHOOL INPUT ON COMMODITY SELECTION.—Section 14(d) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1762a(d)) is amended by striking the matter that follows paragraph (5).
(7) RURAL AREA DAY CARE HOME PILOT PROGRAM.—Section
17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766) is amended by striking subsection (p).
(8) CHILD AND ADULT CARE FOOD PROGRAM TRAINING AND
TECHNICAL ASSISTANCE.—Section 17(q) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(q)) is amended
by striking paragraph (3).
(9) PILOT PROJECT FOR PRIVATE NONPROFIT STATE AGENCIES.—Section 18 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769) is amended by striking subsection
(a).
(10) MEAL COUNTING AND APPLICATION PILOT PROGRAMS.—
Section 18(c) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769(c)) is amended—
(A) by striking paragraphs (1) and (2);
(B) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; and
(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’’.
(11) MILK FORTIFICATION PILOT.—Section 18 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1769) is
amended by striking subsection (d).
(12) FREE BREAKFAST PILOT PROJECT.—Section 18 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769)
is amended by striking subsection (e).
(13) SUMMER FOOD SERVICE RESIDENTIAL CAMP ELIGIBILITY.—Section 18 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769) is amended by striking subsection
(f).
(14) ACCOMMODATION OF THE SPECIAL DIETARY NEEDS OF
INDIVIDUALS WITH DISABILITIES.—Section 27 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769h) is
repealed.
(b) CHILD NUTRITION ACT OF 1966.—
(1) STATE ADMINISTRATIVE EXPENSES MINIMUM LEVELS FOR
2005 THROUGH 2007.—Section 7(a)(1) of the Child Nutrition Act
of 1966 (42 U.S.C. 1776(a)(1)) is amended—
(A) in subparagraph (A), by striking ‘‘Except as provided in subparagraph (B), each fiscal year’’ and inserting
‘‘Each fiscal year’’;

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Repeal.

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3265

(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B).
(2) FRUIT AND VEGETABLE GRANTS UNDER THE SPECIAL
SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN.—Section 17(f)(11) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(f)(11)) is amended—
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as subparagraph (C).
SEC. 442. USE OF UNSPENT FUTURE FUNDS FROM THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009.

Section 101(a) of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 120) is
amended—
(1) in paragraph (1), by inserting before the period at
the end ‘‘, if the value of the benefits and block grants would
be greater under that calculation than in the absence of this
subsection’’; and
(2) by striking paragraph (2) and inserting the following:
‘‘(2) TERMINATION.—The authority provided by this subsection shall terminate after October 31, 2013.’’.
SEC. 443. EQUIPMENT ASSISTANCE TECHNICAL CORRECTION.

Grants.

(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).
(b) USE OF GRANT.—A school food authority receiving a grant
for equipment assistance described in subsection (a) may use the
grant only to make equipment available to schools that did not
previously receive equipment from a grant under the American
Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123
Stat. 115).
SEC. 444. BUDGETARY EFFECTS.

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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.

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124 STAT. 3266
42 USC 1751
note.

PUBLIC LAW 111–296—DEC. 13, 2010

SEC. 445. EFFECTIVE DATE.

Except as otherwise specifically provided in this Act or any
of the amendments made by this Act, this Act and the amendments
made by this Act take effect on October 1, 2010.

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Approved December 13, 2010.

LEGISLATIVE HISTORY—S. 3307:
SENATE REPORTS: No. 111–178 (Comm. on Agriculture, Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 156 (2010):
Aug. 5, considered and passed Senate.
Dec. 1, 2, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
Dec. 13, Presidential remarks.

Æ

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