Improving Nutrition for America's Children Act - Amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to revise the school lunch and breakfast programs, the summer food service program, the child and adult care food program (CACFP), and the special supplemental nutrition program for women, infants, and children (WIC program).
Reauthorizes appropriations for such programs through FY2015.
Includes among such revisions: (1) encouraging the direct certification of children who receive other public assistance as eligible for free meals under the school lunch and breakfast programs; (2) establishing new mechanisms by which schools or local educational agencies (LEAs) with very high proportions of low-income children can receive federal reimbursement for free or reduced price meals under such programs without collecting individual paper applications from households; (3) establishing a program awarding competitive grants to states and, through them, competitive subgrants to LEAs to establish or expand the school breakfast program at low-income schools; (4) expanding the access of low-income rural areas to the summer food service program; (5) requiring updates to meal patterns and nutrition standards for the school lunch and breakfast programs based on recommendations made by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences (NAS); (6) requiring the establishment of science-based nutrition standards for all foods sold in schools outside the school lunch and breakfast programs; (7) requiring LEAs participating in the school lunch and breakfast programs to establish local school wellness policies for their schools that include goals for nutrition promotion and education, physical activity and education, and other school-based activities that promote student wellness; (8) requiring reimbursable meals and snacks provided under the CACFP to meet the most recent Dietary Guidelines for Americans and certain authoritative scientific recommendations; (9) encouraging WIC program participants to breastfeed; and (10) requiring WIC electronic benefit transfer (EBT) systems to be implemented nationwide by October 1, 2020.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5504 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5504
To reauthorize child nutrition programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 10, 2010
Mr. George Miller of California (for himself, Mrs. McCarthy of New
York, Mr. Platts, Mr. Polis of Colorado, Mr. Courtney, Ms. Chu, Mr.
Loebsack, Mr. McGovern, Mr. Sestak, Ms. Titus, Mr. Holt, Mr. Tonko, Ms.
Fudge, Mr. Wu, Mr. Hinojosa, Mrs. Capps, Mr. Pierluisi, Mr. Sablan, Mr.
Kildee, Mrs. Davis of California, Mr. Payne, Mr. Grijalva, Mr.
Kucinich, Mr. Andrews, Mr. Hare, Ms. Clarke, Ms. Hirono, Mr. Bishop of
New York, Ms. Shea-Porter, Ms. Woolsey, and Mr. Scott of Virginia)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committee on the Budget,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
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 ``Improving
Nutrition for America's Children Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--A PATH TO END CHILDHOOD HUNGER
Subtitle A--National School Lunch Program
Sec. 101. Categorical eligibility of foster children.
Sec. 102. Improving direct certification.
Sec. 103. Direct certification for children receiving medicaid
benefits.
Sec. 104. Eliminating individual applications through community
eligibility.
Sec. 105. Year-round school based meal service.
Sec. 106. School Breakfast Expansion Grants.
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 Program year-round option.
Sec. 114. Rural Access to Summer Food Service Program.
Subtitle C--Child and Adult Care Food Program
Sec. 121. Simplifying area eligibility determinations in the child and
adult care food program.
Sec. 122. Child and Adult Care Food Program Reimbursement.
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. Policies and Practices to Prevent Overt Identification.
Sec. 144. Study relating to the child and adult care food program.
Sec. 145. Weekends and holidays without hunger.
TITLE II--IMPROVING NUTRITION QUALITY
Subtitle A--School Nutrition Programs
Sec. 201. Performance-based reimbursement rate increases for new meal
patterns.
Sec. 202. Nutrition requirements for fluid milk.
Sec. 203. Water.
Sec. 204. Nutrition standards for all foods sold in school.
Sec. 205. Local school wellness policy implementation.
Sec. 206. Information on the school wellness environment.
Sec. 207. State Nutrition and wellness promotion.
Sec. 208. Access to local foods: farm to school.
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. Study on nutrition and wellness quality of child care
settings.
Subtitle C--Special Supplemental Nutrition Program for Women, Infants,
and Children
Sec. 231. Support for breastfeeding in the WIC program.
Sec. 232. Review of available supplemental foods.
Subtitle D--Miscellaneous
Sec. 242. Procurement technical assistance and guidance.
Sec. 243. Research on strategies to promote healthy eating.
Sec. 244. Food Marketing Study.
Sec. 245. National School Lunch Program Equipment Assistance Grants.
Sec. 246. Green cafeterias pilot program.
Sec. 247. Partnerships for Wellness Grants.
TITLE III--IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION
PROGRAMS
Subtitle A--National School Lunch Program
Sec. 301. Indirect costs.
Sec. 302. Revenue from nonprogram foods sold in schools.
Sec. 303. Reporting and notification of school performance.
Sec. 304. Compliance and accountability study.
Sec. 305. Applicability of food safety program on entire school campus.
Sec. 306. Ensuring safety of school meals.
Sec. 307. Information on commodity food suppliers.
Sec. 308. Privacy protection.
Sec. 309. Fines for violating program requirements.
Sec. 310. Independent review of applications.
Sec. 311. Program evaluation.
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. Application submission by sponsored family or group day care
homes.
Sec. 334. Administrative payments to sponsoring organizations.
Sec. 335. Child and adult care food program audit funding.
Sec. 336. Reducing paperwork and improving program administration.
Subtitle D--Special Supplemental Nutrition Program for Women, Infants,
and Children
Sec. 351. Sharing of materials with other programs.
Sec. 352. WIC program management.
Subtitle E--Miscellaneous
Sec. 361. Full use of Federal funds.
Sec. 362. Disqualified schools, institutions, and individuals.
TITLE IV--MISCELLANEOUS
Subtitle A--Reauthorization of Expiring Provisions
Part 1--Richard B. Russell National School Lunch Act
Sec. 401. Commodity support.
Sec. 402. Food safety audits and reports by States.
Sec. 403. Authorization of the summer food service program for
children.
Sec. 404. Year-round services for eligible entities.
Sec. 405. Training, technical assistance, and food service management
institute.
Sec. 406. Federal administrative support.
Sec. 407. Compliance and accountability.
Sec. 408. Information clearinghouse.
Part 2--Child Nutrition Act of 1966
Sec. 421. Technology infrastructure improvement.
Sec. 422. State administrative expenses.
Sec. 423. Special supplemental nutrition program for women, infants,
and children.
Sec. 424. Farmers market nutrition program.
Subtitle B--Technical Amendments
Sec. 441. Technical amendments.
Sec. 442. Equipment assistance technical correction.
Sec. 443. Budgetary effects.
Sec. 444. Effective date.
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
SEC. 101. 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
``(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.''.
SEC. 102. 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 the
Secretary determines demonstrate
either--
``(aa) outstanding
performance; or
``(bb) substantial
improvement.
``(iii) Use of funds.--A State that
receives a performance award under clause (i)--
``(I) shall treat the funds as
program income to support State
activities with respect to the school
lunch program and school breakfast
program; and
``(II) shall allocate a portion of
the funds to local educational agencies
for use in carrying out the school
lunch program under this Act and school
breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), with priority for such
agencies that demonstrate the highest
improvement in directly certifying
eligible children under this paragraph.
``(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 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)), 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
described in clause (iii)(II) 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) Continuous improvement plans.--
``(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 described
in this subclause 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 to become in compliance
with the required percentage
under clause (i).''.
(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).''.
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) Implementation.--
``(i) In general.--For the school year
beginning on July 1, 2011, and each subsequent
school year, subject to paragraph (6), the
Secretary shall carry out a program under which
local educational agencies in States selected
pursuant to clause (ii), or electing under
clause (iii), to participate in the program may
directly certify eligible children under this
paragraph 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)).
``(ii) Selected states.--The Secretary
shall select--
``(I) for the school year beginning
July 1, 2011, up to 2 States that may
directly certify eligible children
under this paragraph;
``(II) for the school year
beginning July 1, 2013, up to 5 States
that may directly certify eligible
children under this paragraph;
``(III) for the school year
beginning July 1, 2015, up to 10 States
that may directly certify eligible
children under this paragraph;
``(IV) for the school year
beginning July 1, 2017, up to 15 States
that may directly certify eligible
children under this paragraph; and
``(V) for the school year beginning
July 1, 2018, up to 25 States that may
directly certify eligible children
under this paragraph.
``(iii) State option.--For the school year
beginning July 1, 2019, and each subsequent
school year, any State may elect to directly
certify eligible children under this paragraph.
``(B) State selection.--
``(i) In general.--To be eligible to
directly certify eligible children under this
paragraph, a State 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
under subparagraph (A)(ii), the Secretary may
take into consideration such factors as the
Secretary considers to be appropriate, which
may include--
``(I) the rate of direct
certification in such State;
``(II) the State's 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 feasibility of matching
data between local educational agencies
and the Medicaid program in such State;
and
``(IV) the socioeconomic profile of
the State or local educational agencies
in such State.
``(C) Agreement.--
``(i) In general.--Not later than July 1 of
the first school year during which a State will
directly certify eligible children under this
paragraph, a State shall enter into an
agreement with the State agency conducting
eligibility determinations for the Medicaid
program.
``(ii) Without further application.--
Subject to paragraph (6), the agreement
described in clause (i) 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) Access to data.--For purposes of carrying out
the program under this paragraph, the Secretary shall
have access to income and program participation
information from public agencies administering the
Medicaid program.
``(E) Report to congress.--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, a report that describes implementation
of the direct certification option under this
paragraph.
``(F) 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.).
``(G) Funding.--
``(i) In general.--On October 1, 2010, out
of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out
subparagraph (E) $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 subparagraph
(E) 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
101(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)(F)).''.
SEC. 104. ELIMINATING INDIVIDUAL APPLICATIONS THROUGH COMMUNITY
ELIGIBILITY.
(a) Universal Meal Service in High Poverty Areas.--
(1) Eligibility.--Section 11(a)(1) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is
amended by adding at the end the following:
``(F) Universal meal service in high poverty
areas.--
``(i) Definition of identified students.--
For purposes of this subparagraph, the term
`identified students' means students certified
as eligible for free or reduced price lunch
under this Act 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 agency or on behalf of certain
schools in the agency, 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).
``(II) Election to stop receiving
payments.--A local educational agency
may, for all schools in the agency or
on behalf of certain schools in the
agency, 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) Other federal programs.--A
local educational agency that elects to
receive special payments under this
subparagraph for all schools in the
agency or on behalf of certain schools
in the agency, such agency may use the
data described in clause (iv) or (v),
as applicable, to make eligibility or
allocation determinations for the
purposes of other Federal programs that
utilize free and reduced price lunch
data for eligibility determinations,
including the program providing
discounts to schools under section
254(h) of the Communications Act of
1934.
``(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.--
``(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, for a local educational
agency that makes the election
described in clause (ii), on behalf of
all schools in the agency or on behalf
of certain schools in the agency, for a
new period of 4 years, in consideration
of the finding of the report required
under clause (xii), the Secretary may
use--
``(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.
``(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
agency or on behalf of certain schools
in the agency 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 does not meet
the threshold described in
clause (viii) but 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
``(dd) each local
educational agency that does
not meet the threshold
described in clause (viii) but
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 do not meet the
threshold described in clause
(viii) but 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 do not meet the
threshold described in clause
(viii) but 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--
``(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 and
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--
``(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;
``(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
plans to 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 Socioeconomic 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 Socioeconomic 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) Alternative methods.--
``(A) In general.--Alternatives under paragraph (1)
shall--
``(i) 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; and
``(ii) include a method based on a periodic
socioeconomic survey of households of children
attending school in a school food authority
that meets the requirements of subparagraph
(E).
``(B) Use of alternative methods.--At the
discretion of the Secretary, alternative methods
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 at no charge to students 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
may--
``(I) carry out the demonstration
projects using data from the American
Community Survey described in
subparagraph (A)(i) in not more than 5
local educational agencies; and
``(II) carry out the demonstration
projects using socioeconomic survey
data in not more than 3 local
educational agencies.
``(iii) Limitation.--A demonstration
project carried out under this paragraph shall
have a duration of not more than 3 years.
``(iv) Evaluation.--Not later than 4 years
after implementing a demonstration project
under this paragraph, the Secretary, using
comparisons with local educational agencies
with similar demographic characteristics, shall
evaluate each demonstration project carried out
under this paragraph, which shall include an
evaluation of--
``(I) the accuracy of the 1 or more
methodologies adopted as compared to
the daily counting by category of meals
provided by school meal programs under
this Act or the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) and the
use of annual applications as the basis
for eligibility to receive free or
reduced price meals under those Acts;
``(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.
``(v) Report.--Not later than 90 days after
the completion of the evaluation under clause
(iv), 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
such evaluation.
``(D) Implementation priority.--The Secretary shall
give priority consideration for the implementation of a
socioeconomic survey method described in subparagraph
(A)(ii) by a local educational agency that uses data
from a socioeconomic survey as an alternative to daily
counting and claiming on or after the date of enactment
of this paragraph.
``(E) Socioeconomic survey parameters.--The
Secretary shall establish requirements for, and
approve, any alternative method that is implemented, or
tested through a demonstration project under this
paragraph, using socioeconomic survey data which, at a
minimum, shall--
``(i) be based on a socioeconomic survey,
using generally accepted statistical methods,
that is designed, developed, and implemented
using funds from non-Federal sources;
``(ii) be consistent with the Office of
Management and Budget Standards and Guidelines
for Statistical Surveys;
``(iii) ensure that the survey is drawn
from a complete, comprehensive, and accurate
list of households of students enrolled in the
schools to which the results will be applied;
``(iv) include a scientifically rigorous
implementation plan to achieve an overall
response rate of at least 80 percent and an
item response rate of at least 70 percent for
any item in the survey used to determine free
and reduced price eligibility of students
enrolled in the schools to which the results
will be applied;
``(v) provide a plan for an alternative
method of counting and claiming reimbursable
meals if the socioeconomic survey fails to meet
the minimum requirements established by the
Secretary; and
``(vi) reflect any additional criteria as
established by the Secretary.''.
SEC. 105. YEAR-ROUND SCHOOL BASED MEAL SERVICE.
(a) Amendment.--The Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.) is amended by inserting after 17A the
following:
``SEC. 17B. YEAR-ROUND SCHOOL BASED MEAL SERVICE.
``(a) In General.--The Secretary shall carry out a program to
assist 5 States through grants-in-aid and other means, awarded on a
competitive basis, to provide meals and supplements (in this section
referred to as an `out-of-school meal service') to eligible children
participating in out-of-school programs sponsored by eligible
elementary and secondary schools.
``(b) Priority Consideration.--In awarding assistance to States
under subsection (a), the Secretary shall give priority consideration
to States that--
``(1) demonstrate administrative and operational capacity
to oversee, based on criteria established by the Secretary, an
out-of-school meal service;
``(2) demonstrate support for out-of-school programs;
``(3) provide a plan for outreach and implementation to
reach children eligible for free or reduced price school meals
under this Act or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), including children of households at risk of food
insecurity, as determined by the Secretary; and
``(4) meet such other such considerations as determined by
the Secretary.
``(c) Meal Limits.--The number of meals provided to an eligible
child under this section may not exceed 1 meal and 1 supplement per
day.
``(d) Reimbursement.--
``(1) At-risk children.--A meal or supplement provided
under this section to an eligible child at a site that is
located in an area in which poor economic conditions exist
shall be--
``(A) in the case of a meal, reimbursed at the rate
at which free meals are reimbursed under section 4 and
11 of this Act or section 4(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1773(b)), as adjusted pursuant
to section 11(a)(3) of this Act;
``(B) in the case of a supplement, reimbursed at
the rate at which free supplements are reimbursed under
section 17(c)(3), as adjusted pursuant to section
11(a)(3); and
``(C) served without charge.
``(2) Other children.--A meal or supplement provided under
this section to an eligible child at a site that is not
described in paragraph (1) shall be--
``(A) in the case of a meal, reimbursed at the rate
at which free meals are reimbursed under section 4 and
11 of this Act or section 4(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1773(b)), as adjusted pursuant
to section 11(a)(3) of this Act; and
``(B) in the case of a supplement, reimbursed at
the rate in which free supplements are reimbursed under
section 17(c)(3), as adjusted pursuant to section
11(a)(3).
``(e) Reimbursement Limitation.--An eligible elementary or
secondary school may not claim reimbursement for the same meals served
under this section, section 17A, section 13(a)(11), or section 17(r) on
the same day.
``(f) Operational Requirements.--The Secretary shall establish
requirements governing the operation of the out-of-school meal service
authorized under this section to ensure that the meal service is
operated in conformance with applicable operational and oversight
requirements.
``(g) Report.--Not later than 4 years after the date of the
enactment of this section, 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--
``(1) the participation in the out-of-school meal service
authorized under this section;
``(2) the monitoring and oversight requirements governing
the operation of the meal service;
``(3) the financial and administrative impact to eligible
elementary and secondary schools participating in the meal
service; and
``(4) any recommendations by the Secretary concerning the
operation and administration of the meal service under this
section.
``(h) Definitions.--For purposes of this section:
``(1) Area in which poor economic conditions exist.--The
term `area in which poor economic conditions exist' has the
meaning given the term `areas in which poor economic conditions
exist', except that the term shall be applied by substituting
`out-of-school-program authorized under section 17B' for
`program'.
``(2) Eligible child.--The term `eligible child' means a
school child who is not more than 18 years of age, except that
such age limitation shall not apply to a child described in
section 12(d)(1)(A).
``(3) Eligible elementary and secondary school.--The term
`eligible elementary and secondary school' means a school
that--
``(A) operates school lunch programs under this
Act; and
``(B) sponsors out-of-school programs at sites that
provide an educational or enrichment purpose during--
``(i) the extended-school day, week, or
school year; or
``(ii) non-school hours or periods when
school is not in session.
``(4) Out-of-school program.--The term `out-of-school
program' means a program provided for eligible children--
``(A) during non-school hours or periods when
school is not in session, such as before or after
school;
``(B) during any period that is an extension of the
school day, school week, or school year; and
``(C) on weekends, holidays, and during school
breaks and vacations.''.
(b) Conforming Amendment.--
(1) Meal supplements for children in afterschool care.--
Section 17A(c) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766a(c)) is amended by adding at the end the
following:
``(3) Limitation.--An eligible elementary or secondary
school may not claim reimbursement for the same meals served
under this section, section 17B, section 13(a)(11), or section
17(r) on the same day.''.
(2) Program for at-risk school children.--Section 17(r)(4)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(r)(D)) is amended by adding at the end the following:
``(D) Reimbursement limitation.--An institution may
not claim reimbursement for the same meals served under
this subsection, section 17A, section 17B, or section
13(a)(11) on the same day.''.
SEC. 106. SCHOOL BREAKFAST EXPANSION GRANTS.
Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is
amended by adding at the end the following:
``(f) Grants for Expansion of School Breakfast Programs.--
``(1) Establishment.--
``(A) In general.--The Secretary shall establish a
program to award grants, on a competitive basis, to
State educational agencies for the purpose of providing
subgrants to local educational agencies for qualifying
schools or groups of qualifying schools to establish or
expand the school breakfast program at the qualifying
schools.
``(B) Administration.--In carrying out this
subsection, the Secretary shall--
``(i) develop an appropriate competitive
application process; and
``(ii) make information available to State
educational agencies concerning the
availability of funds under this subsection.
``(C) Best practices.--
``(i) In general.--Prior to awarding grants
under this subsection, the Secretary shall make
available to State educational agencies and
local educational agencies information
regarding the most effective mechanisms by
which to increase school breakfast
participation among eligible children at
qualifying schools.
``(ii) Requirement.--In awarding subgrants
under paragraph (3), a State educational agency
may award such subgrants only 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
clause (i).
``(D) Low-income school outreach and priority.--
``(i) Outreach to low-income schools.--
Prior to awarding subgrants under paragraph
(3), a State educational agency shall inform
the local educational agencies within the State
with qualifying schools that have the highest
proportion of students certified as eligible
for free and reduced price meals, as compared
to other qualifying schools in other local
educational agencies within the State, of the
eligibility of such agencies for subgrants
provided under this subsection.
``(ii) Priority.--In awarding subgrants
under paragraph (3), 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.).
``(2) Grants to state educational agencies.--To be eligible
to receive a grant under this subsection, 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.
``(3) Subgrants to local educational agencies.--
``(A) In general.--A State educational agency that
receives a grant under this subsection--
``(i) shall use the grant funds to provide
subgrants to local educational agencies for
qualifying schools or groups of qualifying
schools; and
``(ii) may reserve not more than 5 percent
of the grant funds for administration and
oversight of the subgrants awarded under this
paragraph.
``(B) Uses of funds.--A local educational agency
may use subgrant funds received under this subsection--
``(i) to provide training and technical
assistance to the staff of qualifying schools;
``(ii) to provide promotional materials to
students enrolled in qualifying schools and the
families of such students to encourage
participation in the school breakfast program;
``(iii) to purchase equipment needed to
provide breakfast service outside the cafeteria
at qualifying schools;
``(iv) for additional local educational
agency supervisory personnel to assist with
implementation or expansion of the school
breakfast program at qualifying schools; or
``(v) other effective mechanisms identified
by the Secretary under paragraph (1)(C)(i).
``(C) Maximum amount.--The amount of a subgrant
provided under this subsection by a State educational
agency to a local educational agency for qualifying
schools or a group of qualifying schools shall not
exceed $10,000 for each school year.
``(D) Maximum grant term.--A State educational
agency shall not provide subgrants under this
subsection to a local educational agency for qualifying
schools or groups of qualifying schools for more than 2
years.
``(4) Definition of qualifying school.--For purposes of
this section, the term `qualifying school' means a school in
severe need, as described in subsection (d)(1).
``(5) Funding.--
``(A) 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 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.''.
Subtitle B--Summer Food Service Program
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) has Federal tax exempt status as
described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation
under 501(a) of that Code;
``(v) meets applicable State and local
health, safety, and sanitation standards; and
``(vi) meets any operational requirements
established by the State agency with respect to
the maximum number of total sites and maximum
number of children being served at any one
site.
``(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.''.
SEC. 112. OUTREACH TO ELIGIBLE FAMILIES.
Section 13(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1761(a)) (as amended by section 111) is further amended by
adding at the end the following:
``(11) Outreach to eligible families.--
``(A) In general.--The Secretary shall provide
funds to each State agency that administers the
national school lunch program under this Act to require
each such State agency 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 served under
this section; and
``(ii) the availability of reimbursable
breakfasts served under the school breakfast
program established under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
``(B) Form.--The materials described in
subparagraph (A) shall be in a form and, to the maximum
extent practicable, language easily understandable by
families receiving such materials.
``(C) Information distribution.--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.
``(D) 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.''.
SEC. 113. SUMMER FOOD SERVICE PROGRAM YEAR-ROUND OPTION.
Section 13(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1761(a)) (as amended by section 112) is further amended by
adding at the end the following--
``(11) Summer food service program year-round option.--
``(A) In general.--From the amounts appropriated
under subparagraph (I), the Secretary is authorized to
carry out a program to provide, on a competitive basis,
not more than 10 States with reimbursements for meals
and supplements served, under the year-round option of
the program under this section as authorized under this
paragraph, by service institutions that are described
in paragraph (6) (excluding public schools) and private
nonprofit organizations described in paragraph (7).
``(B) Assistance requirement.--In providing
assistance under this paragraph, the Secretary shall
award assistance under this section to a State that has
carried out year-round services under section 18(h) (as
in effect on the day before the date of the enactment
of the Improving Nutrition for America's Children Act).
``(C) Priority consideration.--In providing
assistance under this paragraph, the Secretary shall
give priority consideration to States that--
``(i) demonstrate administrative and
operational capacity to oversee an effective
year-round program option under this paragraph
based on criteria established by the Secretary;
``(ii) provide a plan for outreach and
implementation to reach children eligible for
free or reduced price meals under this Act or
the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), including children of households at
risk of food insecurity, as determined by the
Secretary;
``(iii) demonstrate support for afterschool
and summer programming; and
``(iv) meet other such considerations as
determined by the Secretary.
``(D) Participation criteria.--A service
institution may participate in the year-round program
option under this paragraph if the institution provides
meals or supplements under a program that--
``(i) operates at a site during the regular
school calendar--
``(I) during before- or after-
school hours;
``(II) on weekends; or
``(III) during school holidays and
vacations; and
``(ii) is located in an area in which poor
economic conditions exist.
``(E) Enrichment programming.--The Secretary shall
encourage service institutions participating in the
program option under this paragraph to provide
enrichment or educational programming with meal
service.
``(F) Terms and conditions.--
``(i) Administrative requirements.--Except
as otherwise provided in this paragraph,
service institutions shall be eligible for the
year-round program option under this paragraph
under the same terms and conditions for
participating in the program under this
section.
``(ii) Meal limits.--In addition to being
eligible for reimbursement for meals described
in subsection (b)(2) served during each day of
operation during the periods described in
subsection (c)(1), service institutions
participating in the year-round program option
under this paragraph may be reimbursed for up
to 1 meal and 1 supplement per child served
during each day of operation during the regular
school calendar.
``(iii) Reimbursement.--
``(I) In general.--A service
institution participating in the year-
round program option under this
paragraph shall be reimbursed
consistent with subsection (b)(1). All
meals and supplements served under the
program option under this paragraph
shall be served without charge.
``(II) Limitation.--A service
institution may not claim reimbursement
for the same meals served under this
paragraph, section 17A, section 17B, or
section 17(r) on the same day.
``(III) Eligible children.--
Reimbursement may be provided under
this paragraph only for the same meals
and supplements served to children who
are not more than 18 years of age,
except that the age limitation provided
by this subclause shall not apply to a
child described in section 12(d)(1)(A).
``(G) Operational requirements.--The Secretary
shall establish applicable monitoring and oversight
requirements governing the year-round program option
under this paragraph to ensure appropriate compliance
and accountability requirements for meal service
provided under the program option under this paragraph.
``(H) Report.--Not later than 4 years after the
date of the enactment of this paragraph, 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--
``(i) the impact of this paragraph on
participation in the program option under this
section during the summer months and during the
regular school year;
``(ii) the monitoring and oversight
requirements governing the operation of the
program option under this paragraph;
``(iii) the financial and administrative
impact to service institutions participating in
the program option under this paragraph; and
``(iv) any recommendations by the Secretary
concerning the operation and administration of
the program option under this paragraph.
``(I) Funding.--There are authorized to be
appropriated, and there are appropriated, out of any
money in the Treasury not otherwise appropriated, for
the Secretary to carry out this section, such sums as
may be necessary for each of fiscal years 2011 through
2015.''.
SEC. 114. RURAL ACCESS TO SUMMER FOOD SERVICE PROGRAM.
Section 13(a)(9) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761(a)(9)) is amended--
(1) in the header, by striking ``Exemption'' and inserting
``Applicability to rural areas'';
(2) in subparagraph (A), by striking ``For each of calendar
years 2005 and 2006 in rural areas of the State of
Pennsylvania'' and inserting ``In rural areas of a State'';
(3) in subparagraph (B)(iii), by striking ``2008'' and
inserting ``2014''; and
(4) by striking clause (iv).
Subtitle C--Child and Adult Care Food Program
SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINATIONS IN THE CHILD AND
ADULT CARE FOOD PROGRAM.
Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)(bb)) is amended by
striking ``elementary''.
SEC. 122. CHILD AND ADULT CARE FOOD PROGRAM REIMBURSEMENT.
Section 17(f)(2)(B) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766 (f)(2)(B)) is amended to read as follows:
``(B) Reimbursement.--
``(i) In general.--No reimbursement may be
made to any institution under this paragraph,
or to any family or group day care home
sponsoring organization under paragraph (3) of
this subsection--
``(I) for more than 2 meals and 1
supplement per day per child; and
``(II) for children who are
maintained in child care for 8 hours or
more per day, for 1 additional meal or
supplement for each such child per day.
``(ii) Limitations.--The reimbursement
under clause (i)(II) shall be provided, on a
competitive basis, to not more than 5 States
for disbursement to the institutions or
sponsoring organizations described in clause
(i) that are located in such States. In
providing such reimbursement, the Secretary
shall give priority consideration to States
that--
``(I) demonstrate administrative
and operational capacity to oversee the
additional meal service under this
subparagraph based on criteria
established by the Secretary;
``(II) provide a plan for outreach
and implementation to reach children
who are maintained in child care for 8
or more hours per day; and
``(III) meet such other
considerations as determined by the
Secretary.
``(iii) Operational requirements.--The
Secretary shall establish requirements to
ensure that meal services are operated in
conformance with applicable operational and
oversight requirements determined by the
Secretary.
``(iv) Reporting.--Not later than 4 years
after the date of the enactment of this
subparagraph, the Secretary shall submit to the
Committee on Education and Labor of the House
of Representatives and the Committee on
Agriculture, Nutrition, and Forestry, a report
that describes--
``(I) the impact of the additional
meal service option under this
subparagraph on participation in the
program under this section;
``(II) the monitoring and oversight
requirements for administering an
additional meal service for children in
care for more than 8 hours per day;
``(III) the financial and
administrative impact to service
institutions participating in the
program under this section; and
``(IV) any additional information
or legislative recommendations, as
determined by the Secretary.''.
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 (42 U.S.C. 1751 et
seq.) is amended by inserting after section 22 the following:
``SEC. 23. CHILDHOOD HUNGER RESEARCH.
``(a) Research on Causes and Consequences of Childhood Hunger.--The
Secretary shall conduct a research program on--
``(1) the causes of childhood hunger and food insecurity;
``(2) the characteristics of households with childhood
hunger and food insecurity; and
``(3) the consequences of childhood hunger and food
insecurity.
``(b) Authority.--In carrying out research under subsection (a),
the Secretary may--
``(1) enter into competitively awarded contracts or
cooperative agreements with eligible entities; or
``(2) provide grants to eligible entities.
``(c) Eligible Entity Defined.--For purposes of this section, the
term `eligible entity' means a--
``(1) State;
``(2) institution of higher education; or
``(3) public or private agency or organization, 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, an
eligible entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
shall require.
``(e) Areas of Inquiry.--The Secretary shall design the research
program to advance knowledge and understanding on the issues described
in subsection (a), which may include--
``(1) economic, health, social, cultural, demographic, and
other factors that contribute to childhood hunger or food
insecurity;
``(2) the geographic distribution of childhood hunger and
food insecurity;
``(3) the extent to which--
``(A) existing Federal assistance programs,
including the Internal Revenue Code of 1986, reduce
childhood hunger and food insecurity; and
``(B) 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;
``(4) the public health and medical costs of childhood
hunger and food insecurity;
``(5) an estimate of the degree to which the measure of
food insecurity based on the Current Population Survey
conducted by the Census Bureau underestimates childhood hunger
and food insecurity; and
``(6) the effects of childhood hunger on child development,
well-being, educational attainment, and such other critical
outcomes as are determined by the Secretary.
``(f) Funding.--
``(1) 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
section $10,000,000, 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. 142. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) is further amended by inserting after section 23 (as added by
section 141) the following:
``SEC. 24. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.
``(a) In General.--From the amounts appropriated under subsection
(k), the Secretary may competitively award grants, or enter into
competitively awarded cooperative agreements with, the Governors of
States to carry out comprehensive and innovative demonstration projects
to end childhood hunger, including projects that establish public-
private partnerships and alternative models for service delivery that
promote the reduction or elimination of childhood hunger by 2015.
``(b) Grant Size.--In determining the size of a grant to award to a
Governor of a State under this section, the Secretary shall consider--
``(1) the proportion of children in the State certified as
eligible for free and reduced price meals under this Act; and
``(2) the rates of food insecurity, hunger, or poverty in
the State, as determined by the Secretary.
``(c) Application.--To be eligible to receive a grant or
cooperative agreement under this section, a Governor of a State shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Projects.--A Governor of a State receiving funds under this
section shall use such funds to carry out a demonstration project based
on a comprehensive and innovative strategy to end childhood hunger,
including a project that--
``(1) enhances benefits or provides for innovative program
delivery models in the Federal child nutrition programs,
including school meal programs, afterschool or out-of-school
meal service programs, summer feeding programs, weekend feeding
programs, child and adult care food programs, and the Special
Supplemental Nutrition Program for Women, Infants, and Children
established under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.).
``(2) increase access and participation in Federal child
nutrition programs; and
``(3) improve the coordination of Federal, State, and
community resources and services aimed at eliminating childhood
food insecurity and hunger, including Federal child nutrition
programs, other Federal, State, or local assistance programs
and services, and private or nonprofit assistance efforts.
``(e) Selection Criteria.--
``(1) In general.--The Secretary, in consultation with the
Secretaries listed in paragraph (2), shall determine the range
of projects to be funded under this section and evaluate
applications submitted under subsection (c) based on publicly
disseminated criteria that may include--
``(A) a description of the target population,
including children certified as eligible for free or
reduced price meals under this Act or section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
that are at risk of experiencing hunger or food
insecurity;
``(B) a commitment to approaches that use rigorous
methodologies for implementation and evaluation, as
described in subsection (g);
``(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;
``(D) as part of the comprehensive and innovative
strategy, a consideration of approaches to improve the
nutritional status of children eligible for free and
reduced price meals under this Act or section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
``(E) a partnership among public and private
stakeholders that demonstrates a commitment to
collaborate toward ending childhood hunger through a
coordinated plan;
``(F) a preference for projects with a 25 percent
non-Federal match that may be provided in cash or
fairly evaluated in-kind contributions, including
facilities, equipment, services, or staffing from a
State government, a local government, or a private
source; and
``(G) such other criteria as are determined by the
Secretary.
``(2) Consultation.--The Secretary shall consult with--
``(A) the Secretary of Health and Human Services;
``(B) the Secretary of Labor;
``(C) the Secretary of Education; and
``(D) the Secretary of Housing and Urban
Development.
``(f) Requirements.--A Governor of a State receiving funding under
this section to carry out a demonstration project shall provide for--
``(1) a collaboration among key stakeholders in the State,
such as representatives from business, nonprofits, faith- and
community-based organizations, institutions of higher
education, the philanthropic sector, and public agencies that
oversee Federal child nutrition programs, education, housing,
public health, and other social service programs;
``(2) a collaborative planning process that results in a
comprehensive agenda to eliminate childhood hunger that is--
``(A) described in a detailed project plan; and
``(B) provided to the Secretary for approval;
``(3) an annual budget;
``(4) 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
``(5) an independent evaluation described in subsection
(g).
``(g) Evaluation.--Each Governor of a State carrying out a project
with funds under this section shall carry out an independent evaluation
that measures and evaluates the impact of any activities carried out
under the project on the rate of childhood food insecurity in the State
that--
``(1) includes a preimplementation baseline and annual
measurements taken during the project of the level of food
insecurity in the State;
``(2) is carried out using a scientifically valid
methodology prescribed by the Secretary, including random
assignment or other methods that are capable of producing
scientifically valid information, to determine which activities
are effective in reducing the prevalence or preventing the
incidence of food insecurity and hunger in the community,
especially among children; and
``(3) evaluates the impact of the project on appropriate
participation, food security, nutrition, and associated
behavioral outcomes among participating children.
``(h) Reporting.--Not later than December 31, 2011, and each
December 31 thereafter until the date on which the last evaluation
under subsection (g) of a project funded under this section is
completed, the Secretary shall--
``(1) 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 includes a
description of--
``(A) the status of each demonstration project
carried out with funds under this section; and
``(B) the results of any evaluations of the
demonstration projects completed during the previous
fiscal year; and
``(2) 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.
``(i) Limitations.--
``(1) Duration.--No project may be funded under this
section for more than 5 years.
``(2) Number of project.--No Governor of a State may
receive funds under this section to carry out more than 1
project.
``(3) Performance basis.--Funds provided under this section
shall be made available to a Governor of a State for each year
of the grant or contract awarded to such Governor of a State.
The amount of funds provided for each year shall be contingent
on the satisfactory implementation of the project plan
submitted under subsection (f)(2) and progress towards the
performance goals defined in the plan.
``(4) Other benefits.--Funds made available under this
section may not be used for any project in a manner that is
inconsistent with--
``(A) the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
``(B) the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.); or
``(C) the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501 et seq.).
``(j) Definitions.--In this section:
``(1) Child.--The term `child' means a person under the age
of 18.
``(2) Eligible entity.--The term `eligible entity' means a
public or private agency or organization, as determined by the
Secretary.
``(3) Governor of a state.--The term `Governor of a State'
means--
``(A) a Governor of a State; or
``(B) an eligible entity approved by a Governor of
a State.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 to carry out this section for fiscal years
2011 through 2015, to remain available until September 30, 2015.''.
SEC. 143. POLICIES AND PRACTICES TO PREVENT OVERT IDENTIFICATION.
Section 9(b)(10) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(b)(10)) is amended to read as follows:
``(10) Prohibition of overt identification.--
``(A) In general.--A school participating in the
school lunch program under this Act shall not--
``(i) physically segregate, or otherwise
discriminate against, any child eligible for a
free or reduced price meal under this Act or
section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773); or
``(ii) overtly identify any child by
special tokens or tickets, announced or
published list of names, or by other means, as
determined by the Secretary.
``(B) Availability of reimbursable meals for
eligible children.--
``(i) In general.--Consistent with the
provisions of this paragraph, each local
educational agency shall notify parents and
guardians in writing of the policies with
respect to providing meals under this Act or
section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773) to children--
``(I) who do not have sufficient
funds to purchase a paid or reduced
price meal; or
``(II) who are members of
households that have an outstanding
debt owed to the local educational
agency for a reimbursable meal.
``(ii) Free meals.--All children who are
certified as eligible for free meals shall be
offered the reimbursable meal that is made
available by the child's school on any day,
regardless of any unpaid fees.
``(iii) Reduced price meals.--All children
who are certified as eligible for reduced price
meals shall be offered the reimbursable meal
that is made available by the child's school on
any day, if a child pays the reduced price meal
charge for that day, regardless of any unpaid
fees.
``(iv) Paid meals.--All children who are
not eligible for free or reduced price meals
shall be offered the reimbursable meal that is
made available by the child's school on any
day, if a child pays the paid meal charge for
that day, regardless of any unpaid fees.
``(v) Households in arrears.--For a child
from a household that has outstanding debt owed
to a local educational agency for a
reimbursable meal, the local educational
agency--
``(I) shall promptly notify the
parent or guardian of such household of
the amount of the debt and how to
rectify the debt, and conduct follow-up
communication with the parent or
guardian as necessary to carry out such
notification;
``(II) shall attempt to directly
certify, under paragraph (4) and (5),
the child;
``(III) if direct certification
pursuant to subclause (II) is not
practicable or successful and such
household does not have an approved
household application on file with the
agency, shall provide a household
application and related materials to
such household; and
``(IV) may attempt to collect
unpaid reimbursable meal fees from such
household.
``(C) Study on current practices.--
``(i) In general.--The Secretary shall
assess policies and practices at the State,
local educational agency, and school food
authority level in effect as of the date of
enactment of the Improving Nutrition for
America's Children Act, which may impact the
overt identification of eligible children,
including policies and procedures--
``(I) to attempt to directly
certify as eligible for free meals,
children from households that have an
outstanding debt owed to the local
educational agency for a reimbursable
meal;
``(II) to collect payment from
children for a reimbursable meal,
including children from households that
have an outstanding debt owed to the
local educational agency for such meal;
``(III) to extend credit to
children for the cost of purchasing a
reimbursable meal if a child has
insufficient funds to pay for such
meal;
``(IV) to provide children that
have insufficient funds with an
alternative meal other than the
reimbursable meal offered;
``(V) that may directly impact a
child with insufficient funds in a
manner unassociated with school meal
service, such as withholding
educational opportunities; and
``(VI) that may directly or
indirectly result in the overt
identification of students eligible for
reimbursable meals, as determined by
the Secretary.
``(ii) Report.--Not later than October 1,
2012, 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--
``(I) findings of the assessment
under clause (i); and
``(II) recommendations for national
standards for meal payment and food
service policies and practices to
ensure that children eligible for free
or reduced price lunch or breakfast are
certified expeditiously throughout the
school year and are not overtly
identified, with considerations for
feasibility, content, and
implementation.
``(D) Guidance.--After submitting the report under
subparagraph (C), the Secretary shall develop and
provide guidance in the form of best practices
consistent with this paragraph to States, school food
authorities, and local educational agencies with regard
to meal payment and food service policies and practices
to ensure eligible children have access to free and
reduced price meals and are not overtly identified.
``(E) Further action.--The Secretary may--
``(i) test through demonstration projects
the recommendations from the report submitted
under subparagraph (C)(ii); or
``(ii) implement national standards through
regulations, which shall consider--
``(I) the results of any
demonstration projects under clause
(i);
``(II) the impact of overt
identification on children;
``(III) the manner in which
eligible children will be provided with
assistance in becoming certified for
free or reduced school meals; and
``(IV) the potential financial and
administrative impact on school food
authorities and local educational
agencies.''.
SEC. 144. STUDY RELATING TO THE CHILD AND ADULT CARE FOOD PROGRAM.
(a) Study.--The Secretary, acting through the Administrator of the
Food and Nutrition Service, shall carry out a study of States
participating in an afterschool at-risk meal service 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).
(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 Web site of the Food and Nutrition Service, a report that
describes--
(1) the results of the study;
(2) best practices of States in soliciting sponsors for an
afterschool at-risk meal service program described in
subsection (a); and
(3) any Federal or State laws or requirements that may be a
barrier to participation in the program.
SEC. 145. WEEKENDS AND HOLIDAYS WITHOUT HUNGER.
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) Weekends and Holidays Without Hunger.--
``(1) Establishment.--From the amounts appropriated under
paragraph (7), the Secretary shall carry out a pilot program
under which the Secretary shall provide commodities to eligible
institutions to carry out projects to provide nutritious food
to at-risk school children on weekends and during extended
school holidays during the school year.
``(2) Eligibility.--
``(A) In general.--To be eligible to receive
commodities under this subsection, an eligible
institution shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may determine.
``(B) Plan.--An application under subparagraph (A)
shall include the plan of the eligible institution for
the distribution of nutritious foods to at-risk school
children, including--
``(i) methods of food service delivery to
at-risk school children;
``(ii) assurances that children receiving
foods under the project will not be publicly
separated or overtly identified;
``(iii) lists of the types of food to be
provided under the project and provisions to
ensure food quality and safety;
``(iv) information on the number of at-risk
school children to be served and the per-child
cost of providing the children with food; and
``(v) such other information as the
Secretary determines to be necessary to assist
the Secretary in evaluating projects that
receive commodities under this subsection.
``(3) Priority.--In selecting applications under this
subsection, the Secretary shall give priority to eligible
institutions that--
``(A) have on-going programs and experience serving
populations with significant proportions of at-risk
school children;
``(B) have a good record of experience in food
delivery and food safety systems;
``(C) maintain high quality control,
accountability, and recordkeeping standards;
``(D) provide children with readily consumable food
of high nutrient content and quality;
``(E) demonstrate cost efficiencies and the
potential for obtaining supplemental funding from non-
Federal sources to carry out projects; and
``(F) demonstrate the ability to continue projects
for the full approved term of the pilot project period.
``(4) Guidelines.--
``(A) In general.--The Secretary shall issue
guidelines containing the criteria for projects to
receive commodities under this section.
``(B) Inclusions.--The guidelines shall, to the
maximum extent practicable within the funds available
and applications submitted, take into account--
``(i) geographical variations in project
locations to include qualifying projects in
rural, urban, and suburban areas with high
proportions of families with at-risk school
children;
``(ii) different types of projects that
offer nutritious foods on weekends and during
school holidays to at-risk school children; and
``(iii) institutional capacity to collect,
maintain, and provide statistically valid
information necessary for the Secretary--
``(I) to analyze and evaluate the
results of the pilot project; and
``(II) to make recommendations to
Congress.
``(5) Evaluation.--
``(A) Interim evaluation.--Not later than November
30, 2013, the Secretary shall complete an interim
evaluation of the pilot program carried out under this
subsection.
``(B) Final report.--Not later than December 31,
2015, the Secretary shall submit to Congress a final
report that contains--
``(i) an evaluation of the pilot program
carried out under this subsection; and
``(ii) any recommendations of the Secretary
for legislative action.
``(6) Definitions.--In this subsection:
``(A) At-risk school child.--The term `at-risk
school child' has the meaning given the term in section
17(r)(1).
``(B) Eligible institution.--
``(i) In general.--The term `eligible
institution' means a public or private
nonprofit institution that is determined by the
Secretary to be able to meet safe food storage,
handling, and delivery standards established by
the Secretary.
``(ii) Inclusions.--The term `eligible
institution' includes--
``(I) an elementary or secondary
school or school food service
authority;
``(II) a food bank or food pantry;
``(III) a homeless shelter; and
``(IV) such other type of emergency
feeding agency as is approved by the
Secretary.
``(7) Funding.--There are authorized to be appropriated
such sums as may be necessary to carry out this subsection for
each of fiscal years 2011 through 2015.''.
TITLE II--IMPROVING NUTRITION QUALITY
Subtitle A--School Nutrition Programs
SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE INCREASES FOR NEW MEAL
PATTERNS.
Section 4(b) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1753(b)) is amended by 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 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 interim or final 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 interim or final
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 with each State's
administrative expense allocation under section
7(a)(2) of the Child Nutrition Act of 1966 (42
U.S.C. 1776(a)(2)).
``(iii) Funding.--
``(I) In general.--In the later of
the fiscal year in which the interim or
final regulations described in
subparagraph (A)(ii) are promulgated or
the fiscal year in which this paragraph
is enacted, and in the subsequent
fiscal year, the Secretary shall use
not more than $50,000,000 of funds made
available under section 3 to make
payments to States described in clause
(i).
``(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.
(a) 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 amending clause (i)
to read as follows:
``(i) subject to standards established by
the Secretary, shall offer students a variety
of fluid milk, which 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);''.
(b) Section 9(a)(2)(B) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(a)(2)(B)) is amended by amending clause (ii)
to read as follows:
``(ii) Notice.--The substitutions may be
made if the school notifies the State agency
that the school is implementing a variation
allowed under this subparagraph, and if the
substitution is requested by a medical
authority or by a student's parent or legal
guardian, except that the school shall not be
required to provide beverages other than
beverages the school has identified as
acceptable substitutes.''.
SEC. 203. WATER.
Section 9(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(a)) is amended by 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. NUTRITION STANDARDS FOR ALL FOODS SOLD IN SCHOOL.
Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is
amended--
(1) by striking the section heading and all that follows
through ``(a) The Secretary'' and inserting the following:
``SEC. 10. REGULATIONS.
``(a) In General.--The Secretary''; and
(2) by striking subsection (b) and inserting the following:
``(b) National School Nutrition Standards.--
``(1) Regulations.--
``(A) In general.--The Secretary shall establish
science-based nutrition standards for foods sold in
schools other than foods provided under this Act and
the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
``(B) Application.--The nutrition standards shall
apply to all foods sold--
``(i) outside the school meal programs
under this Act and the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.);
``(ii) on the school campus; and
``(iii) at any time during the extended
school day, including the official school day
and the time before and after the official
school day when events or activities are
primarily under the control of the school or a
third party on behalf of the school, except for
school-sponsored events or activities before
and after the official school day where parents
and adults are a significant proportion of the
participants or the audience.
``(C) Requirements.--In establishing nutrition
standards under this paragraph, the Secretary shall--
``(i) establish standards that 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) (in this subsection referred to as
the `Dietary Guidelines'), including the
provisions related to food groups to encourage
and nutrients of concern; and
``(ii) consider--
``(I) authoritative scientific
recommendations for nutrition
standards;
``(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--
``(aa) are infrequent
within the school during the
official school day; or
``(bb) occur at any time
outside of the official school
day.
``(D) Updating standards.--As soon as practicable
after the date of publication by the Department of
Agriculture and the Department of Health and Human
Services of a new edition of the Dietary Guidelines,
the Secretary shall review and update as necessary the
school nutrition standards and requirements established
under this subsection.
``(2) Implementation.--
``(A) Proposed regulations.--Not later than 18
months after the date of enactment of this paragraph,
the Secretary shall promulgate proposed regulations to
carry out paragraph (1).
``(B) Effective date.--Not later than 18 months
after promulgating proposed regulations, the Secretary
shall promulgate interim final regulations or final
regulations to carry out paragraph (1) that shall take
effect at the beginning of the school year that is not
earlier than 1 year and not later than 2 years
following the date on which the interim final
regulations or final regulations, as applicable, are
published in the Federal Register.
``(C) 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.''.
SEC. 205. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTATION.
(a) In General.--The Richard B. Russell National School Lunch Act
is amended by inserting after section 9 (42 U.S.C. 1758) the following:
``SEC. 9A. LOCAL SCHOOL WELLNESS POLICY.
``(a) In General.--Each local educational agency participating in a
program authorized by this Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) shall establish a local school wellness policy for
all schools under the jurisdiction of the local educational agency.
``(b) Guidelines.--The Secretary shall promulgate regulations that
provide the framework and guidelines for local educational agencies to
establish local school wellness policies, including, at a minimum--
``(1) goals for nutrition promotion and education, physical
activity and education, and other school-based activities that
promote student wellness;
``(2) nutrition guidelines for all foods available on each
school campus under the jurisdiction of the local educational
agency during the school day that--
``(A) are consistent with sections 9 and 17 of this
Act, and sections 4 and 10 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773, 1779); and
``(B) promote student health and wellness;
``(3) a requirement that the local educational agency
designate a standing local wellness policy committee comprised
of parents, students, 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 progress on the
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;
``(iii) a description of the progress made
in attaining the goals of the local school
wellness policy; and
``(iv) any proposed changes to the local
wellness policy based on the periodic
assessment under this paragraph; and
``(B) designate 1 or more local educational agency
officials or school officials, as 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,
promoting, implementing, 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 environments; and
``(D) is consistent with the specific needs and
requirements of local educational agencies.
``(3) Funding.--
``(A) In general.--On October 1, 2010, and on each
October 1 thereafter through October 1, 2014, out of
any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the
Secretary to carry out this subsection $500,000, 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 paragraph the funds transferred under
subparagraph (A), without further appropriation.
``(e) Report.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary, in conjunction with the
Secretary of Education and the Secretary of Health and Human
Services (acting through Director of the Centers for Disease
Control and Prevention), shall prepare a report on the
implementation, strength, and effectiveness of the local school
wellness policies carried out in accordance with this section.
``(2) Report on local school wellness policies.--The study
described in paragraph (1) shall include--
``(A) an analysis of the strength and weaknesses of
local school wellness policies and how the policies
compare with model local wellness policies recommended
under subsection (d)(2)(B); and
``(B) an assessment of the impact of the local
school wellness policies in addressing the requirements
of subsection (b).
``(3) Report.--Not later than January 1, 2014, the
Secretary shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Education and Labor of the House of Representatives, a report
that describes the findings of the study.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$3,000,000 for fiscal year 2011, to remain available until
expended.''.
(b) Repeal.--Section 204 of the Child Nutrition and WIC
Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108-265)
is repealed.
SEC. 206. INFORMATION ON THE SCHOOL WELLNESS ENVIRONMENT.
Section 9 of the Richard B. Russell School Lunch Act (42 U.S.C.
1758) is amended by adding at the end the following:
``(k) Information on the School Wellness Environment.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Education and the Secretary of Health and Human
Services, shall establish requirements for local educational
agencies and States participating in the lunch program under
this Act to report, on a periodic basis, to the Secretary and
the general public, information about the school wellness
environment with respect to all schools under the jurisdiction
of such agencies and States.
``(2) Requirements.--In establishing reporting requirements
under paragraph (1), the Secretary shall require each local
educational agency described in such paragraph to report on--
``(A) information pertaining to the school
nutrition programs, including food safety inspections,
local wellness policies, meal program participation,
the nutritional quality of program meals, nutrition
education, and other information as determined by the
Secretary; and
``(B) information pertaining to physical activity
and education, including--
``(i) whether all elementary school and
secondary school students enrolled in the
schools under the jurisdiction of such agency
meet age-appropriate physical education
recommendations, consistent with--
``(I) national guidelines
established by the Centers for Disease
Control and Prevention of the
Department of Health and Human
Services; or
``(II) the requirements of the
State in which the schools are located;
``(ii) a description of the amount of time
that such students are required to spend in
physical education, disaggregated by grade
level, including information on criteria--
``(I) for granting students a
waiver or exemption; or
``(II) allowing a substitution for
the requirement; and
``(iii) any such other information related
to physical activity and education as
determined by the Secretary.
``(3) Reporting.--
``(A) Local educational agency.--Each local
educational agency described in paragraph (1) shall
report to the applicable State and general public, the
information described in paragraphs (1) and (2), in
accordance with the requirements established by the
Secretary under paragraph (4).
``(B) State.--Each State receiving information
under subparagraph (A) shall report such information to
the Secretary, in accordance with the requirements
described in paragraph (4).
``(C) Public access.--The Secretary shall make
publicly available the information received from each
State under subparagraph (B).
``(4) Requirements.--The Secretary shall establish
requirements for reporting under subparagraphs (A) and (B) of
paragraph (3) that--
``(A) ensure that the information described in
paragraph (2) is reported in such way that prevents
unnecessary or duplicative reporting by a local
educational agency or State; and
``(B) require any information reported to the
general public under paragraph (3)(A) to be reported in
an accessible, plain-language manner.
``(5) Technical assistance.--The Secretary shall provide
technical assistance to States and local educational agencies
on meeting the requirements of this subsection.''.
SEC. 207. STATE NUTRITION AND WELLNESS PROMOTION.
Section 5 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1754) is amended to read as follows:
``SEC. 5. NUTRITION AND WELLNESS PROMOTION.
``(a) In General.--On October 1, 2010, and each October 1
thereafter, the Secretary shall make payments for each fiscal year to
each State agency administering the lunch program under this Act, in
accordance with subsection (b)(1), to promote nutrition and wellness in
food service programs under this Act and the school breakfast program
established under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773).
``(b) State Nutrition Promotion Funding.--
``(1) In general.--The Secretary shall provide each State
agency described in subsection (a) a payment for each fiscal
year in an amount equal to \1/2\ cent per lunch reimbursed
through the lunch program under this Act during the second
preceding fiscal year in the State, to carry out the nutrition
and wellness promotion activities described in paragraph (2).
``(2) Uses of funds.--In accordance with guidance provided
by the Secretary, a State agency shall use funds received under
paragraph (1) to carry out activities that--
``(A) support nutrition education and nutrition
promotion, including through materials provided by the
Secretary;
``(B) provide technical assistance and guidance
to--
``(i) support compliance with the
nutritional requirements for--
``(I) the school lunch program
under this Act;
``(II) the school breakfast program
under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773); and
``(III) foods sold outside of the
school lunch program and school
breakfast program in accordance with
section 10 of the Child Nutrition Act
of 1966 (42 U.S.C. 1779);
``(ii) encourage healthy eating by children
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);
``(iii) promote student participation in
the school lunch program and the school
breakfast program;
``(iv) promote age-appropriate
opportunities for children to be physically
active; and
``(v) support the development,
implementation, and assessment of local
wellness policies established under section
9(a); and
``(C) provide subgrants to local educational
agencies to support activities described under this
paragraph based on guidance provided by the Secretary;
``(D) facilitate coordination and information
sharing across Federal child nutrition programs in the
State;
``(E) coordinate with any team nutrition network
activities conducted under section 19 of the Child
Nutrition Act of 1966 (42 U.S.C. 1788); and
``(F) such other purposes as determined by the
Secretary.
``(3) Documentation.--A State agency receiving funds under
this section shall maintain documentation of the nutrition and
wellness promotion activities carried out under this section.
``(c) Reallocation.--The Secretary may reallocate to carry out this
section, any amount made available to carry out this section that are
not obligated or expended, as determined by the Secretary.
``(d) Report.--Not later than October 1, 2014, the Secretary shall
submit to the Committee on Education and Labor of the House of
Representative and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing and assessing the school
nutrition and wellness promotion activities and initiatives carried out
under this section.
``(e) Funding.--There are authorized to be appropriated, and there
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Secretary to carry out this section, such sums as
may be necessary for fiscal year 2011 and each succeeding fiscal
year.''.
SEC. 208. ACCESS TO LOCAL FOODS: FARM TO SCHOOL.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended--
(1) by redesignating subsections (h) through (j) as
subsections (j) through (l), respectively;
(2) in subsection (g), by striking ``(g) Access to Local
Foods and School Gardens.--'' and all that follows through
``(3) Pilot program for high-poverty schools.--'' and inserting
the following:
``(g) Access to Local Foods: Farm to School Program.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) school or institution that participates in a
program under this Act or the school breakfast program
established under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773);
``(B) a nonprofit entity that is exempt from tax
under section 501(c)(3) of the Internal Revenue Code of
1986;
``(C) an Indian tribal organization; and
``(D) an agricultural producers or a group of
agricultural producers.
``(2) Farm to school grants.--
``(A) In general.--The Secretary shall provide
assistance to eligible entities through competitive
grants and technical assistance to implement programs
that improve access to local foods in eligible schools.
``(B) Farm to school activities.--A grant awarded
under this subsection may be used for farm to school
activities, including--
``(i) the planning, design, and
establishment of farm to school programs by
linking school and institutional food service
providers, distributors, and agricultural
producers or groups of agricultural producers
for sustainable farm to school programs;
``(ii) the planning, implementation, and
maintenance of school gardens;
``(iii) the acquisition of appropriate
equipment as determined by the Secretary;
``(iv) the provision of training and
education necessary for the planning,
implementation, and maintenance of farm to
school activities; and
``(v) other activities as determined by the
Secretary.
``(3) Administration.--
``(A) In general.--The Secretary shall award
grants, on a competitive basis, to eligible entities
for farm to school activities described under paragraph
(2).
``(B) Grant amount.--A grant awarded under this
subsection may not exceed $100,000.
``(C) Federal share.--
``(i) In general.--The Federal share of
costs for farm to school activities funded
through a grant awarded under this subsection
shall not exceed 75 percent of the total cost
of the activities.
``(ii) Federal matching.--As a condition of
receiving a grant under this subsection, a
grant recipient shall provide support that is
not less than 25 percent of the total cost of a
farm to school activities funded by the grant
in the form of cash or in-kind contributions,
including facilities, equipment, or services
provided by State and local governments,
nonprofit organizations, and private sources.
``(D) Grant duration.--A grant under this
subsection shall be awarded for a period not to exceed
2 years.
``(E) Regional balance.--In making awards under
this subsection, the Secretary shall, to the maximum
extent practicable, ensure--
``(i) geographical diversity; and
``(ii) proportional distribution among
urban, rural, and tribal communities.
``(F) Peer review of applications.--The Secretary
shall form review panels consisting of representatives
from related public and private agencies or
organizations, as determined by the Secretary, to
evaluate applications based on criteria for selection
described under paragraph (4).
``(4) Criteria for selection.--To the maximum extent
practicable, in providing assistance under this subsection, the
Secretary shall give the highest priority to funding farm to
school activities that, as determined by the Secretary--
``(A) make local food products from small and
medium-sized farms available on the school menu for the
lunch program under this Act or the breakfast program
under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773);
``(B) serve a high proportion of children who are
certified as eligible for free or reduced price
lunches;
``(C) incorporate experiential nutrition education
activities in curriculum planning that encourage the
participation of school children in farm and garden-
based agricultural education activities;
``(D) demonstrate collaboration among eligible
entities;
``(E) include adequate and participatory evaluation
plans;
``(F) demonstrate the potential for long-term
program sustainability;
``(G) promote the nutritional health of children by
making available foods 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
``(H) meet any other criteria that the Secretary
determines appropriate.
``(5) Evaluation.--As a condition of receiving a grant
under this subsection, each grant recipient shall agree to
cooperate in an evaluation by the Secretary of the program
carried out using grant funds.
``(6) Technical assistance.--The Secretary shall provide
technical assistance and information to assist eligible
schools, State and local agencies, 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.
``(7) Reporting.--No later than 4 years after enactment of
this section, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
a report describing the farm to school projects funded under
this section and the results of the evaluation conducted under
paragraph (6).
``(8) Funding.--
``(A) In general.--On October 1, 2010, through
October 1, 2014, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this
subsection $10,000,000, to remain available until
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.--'';
(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''; and
(B) by redesignating paragraph (4) as paragraph
(2); and
(4) by inserting after subsection (h), the following:
``(i) Information Exchange.--
``(1) In general.--Not later than 2 years after the date of
the enactment of this paragraph, the Secretary shall provide
the information described in paragraph (2) to assist schools,
institutions, and other farm-to-school stakeholders in
increasing students' access to local foods through farm-to-
school activities, which shall be--
``(A) publicly accessible through the Internet; and
``(B) updated as appropriate to ensure the
information is current.
``(2) Content.--The information provided by the Secretary
under paragraph (1) shall, at a minimum, include--
``(A) an inventory of all the farm-to-school
projects funded under subsection (g);
``(B) an inventory of existing farm-to-school
activities, including the activities described in
subsection (g), in the United States; and
``(C) best practices of farm-to-school activities
in schools and institutions participating in programs
under this Act, as determined by the Secretary.
``(3) Funding.--
``(A) In general.--Out of funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this
subsection--
``(i) on October 1, 2010, $200,000; and
``(ii) on October 1, 2011, October 1, 2012,
and October 1, 2013, $100,000.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.''.
Subtitle B--Child and Adult Care Food Program
SEC. 221. NUTRITION AND WELLNESS GOALS FOR MEALS SERVED THROUGH THE
CHILD AND ADULT CARE FOOD PROGRAM.
Section 17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766) is amended--
(1) in subsection (a), by striking ``(a) Grant Authority''
and all that follows through the end of paragraph (1) and
inserting the following:
``(a) Program Purpose, Grant Authority and Institution
Eligibility.--
``(1) In general.--
``(A) Program purpose.--The purpose of the program
authorized by this section is to provide aid to child
and adult care institutions for the provision of
nutritious foods that 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 shall 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 Supplements Served in
Institutions and Family or Group Day Care Homes.--
``(1) Definition of dietary guidelines.--In this
subsection, the term Dietary Guidelines means the Dietary
Guidelines for Americans 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 supplements
served by institutions, family or group day care homes,
and sponsored centers participating in the program
under this section shall consist of a combination of
foods that meet 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 nutritional
requirements for meals and supplements served
under the program under this section to ensure
that the meals and supplements--
``(I) are consistent with the goals
of the most recent Dietary Guidelines;
and
``(II) promote the health of the
population served by the program
authorized under this section, as
indicated by appropriate authoritative
scientific agency and organization
recommendations.
``(ii) Cost review.--The review required
under clause (i) shall include a review of the
cost to institutions, family or group day care
homes, and sponsored centers, resulting from
updated requirements for meals and supplements
served under the program under this section.
``(iii) Regulations.--
``(I) Proposed rule.--Not later
than 18 months after the completion of
the review of the nutritional
requirements under clause (i), the
Secretary shall promulgate proposed
regulations to update the nutritional
requirements for meals and supplements
served under the program under this
section.
``(II) Consideration.--The
Secretary shall demonstrate
consideration for the financial and
administrative impact to institutions,
family or group day care homes, and
sponsored centers resulting from any
proposed changes to the nutritional
requirements for meals and supplements
in the regulations described under
subclause (I).
``(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 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
and appropriate authoritative scientific
recommendations for young children.
``(B) Milk substitutes.--In the case of children
who cannot consume fluid milk due to medical or other
special dietary needs other than a disability, an
institution, family or group day care home, or
sponsored center may substitute for the fluid milk
required in meals served, a nondairy beverage that--
``(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
institution, family or group day care
home, or sponsored center; and
``(II) if the substitution is
requested by a medical authority, or by
the parent or legal guardian 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 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;
``(7) Water.--Participating institutions, family or group
day care homes, and sponsored centers shall make available to
persons, free of charge and as nutritionally appropriate,
potable water throughout the day, including at meal times.'';
and
(3) by adding at the end the following:
``(u) Promoting Health and Wellness in Child Care.--
``(1) In general.--The Secretary shall assist participating
institutions, family or group day care homes, and sponsored
centers through technical assistance, guidance, and competitive
grants for the purpose of promoting the health and nutrition of
children in child care settings.
``(2) Technical assistance, guidance, and recognition.--
``(A) Nutrition.--The Secretary shall provide
technical assistance and guidance to institutions,
family or group day care homes, and sponsored centers,
participating in the program under this section to
support compliance with the nutrition requirements
described in subsection (g), which shall include
technical assistance and guidance with respect to--
``(i) menu planning;
``(ii) interpretation of nutrition
information; and
``(iii) food preparation and purchasing
guidance to produce meals and supplements
that--
``(I) 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) (in this
subsection referred to as the `Dietary
Guidelines'); and
``(II) promote the health of the
population served by the program under
this section, as recommended by
authoritative scientific organizations;
and
``(iv) other activities related to
compliance with the nutrition requirements
under subsection (g), as determined by the
Secretary.
``(B) Wellness promotion.--Not later than January
1, 2012, in consultation with the Secretary of Health
and Human Services, the Secretary shall provide
technical assistance and guidance to assist State
agencies and institutions, family and group day care
homes, and sponsored centers, participating in the
program under this section to--
``(i) promote access to foods that are
recommended for consumption by the most recent
Dietary Guidelines;
``(ii) encourage opportunities for age-
appropriate physical activity and physical
development in quantities and at levels
recommended by the most recent Dietary
Guidelines and the Secretary of Health and
Human Services with--
``(I) information on the importance
of regular age-appropriate physical
activity for health and well-being
based on authoritative scientific
recommendations; and
``(II) best practices for the
implementation of such recommendations
for physical activity in child care
settings;
``(iii) encourage adherence to age-
appropriate electronic media use by children
based on authoritative scientific
recommendation with--
``(I) information on the importance
of age-appropriate use, including
limitations, of electronic media; and
``(II) best practices for
implementation of such recommendations
in child care settings;
``(iv) encourage the engagement of parents
in nutrition and wellness initiatives for
children; and
``(v) promote other nutrition and wellness
initiatives, as determined by the Secretary.
``(C) Recognition.--The Secretary, in consultation
with the Secretary of Health and Human Services, shall
establish a program to recognize State agencies,
institutions, family or group day care homes, and
sponsored centers participating in the program under
this section that demonstrate a comprehensive and
innovative approach to promoting nutrition and wellness
in child care settings by--
``(i) providing healthful and
developmentally appropriate meals and
supplements consistent with the nutrition
requirements of the program under this section;
``(ii) providing regular opportunities for
developmentally appropriate physical activity;
``(iii) adhering to developmentally
appropriate guidelines for use of electronic
media;
``(iv) engaging parents in nutrition and
wellness initiatives for children; and
``(v) other nutrition and wellness
initiatives, as determined by the Secretary.
``(D) 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
this paragraph $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.
``(3) Competitive grants.--
``(A) Grants to state agencies.--From the funds
made available under subparagraph (G), the Secretary
shall award grants, on a competitive basis, to State
agencies participating in the program under this
section for the purpose of promoting health and
nutrition in child care settings.
``(B) Priority.--In awarding grants under this
paragraph, the Secretary shall give priority to State
agencies administering projects under the program that
carry out each of the authorized uses of funds
described in subparagraph (C)(ii).
``(C) Uses of funds.--
``(i) Required uses.--A State agency
receiving a grant under this paragraph shall
use not less than 50 percent of such grant
funds to award subgrants to institutions,
including sponsoring organizations, for the
purpose of carrying out the activities
described in clause (ii).
``(ii) Authorized uses.--In addition to
such other activities as the Secretary
determines to be appropriate, State agencies
and institutions may use funds received under
this paragraph for activities that--
``(I) promote nutrition and
physical activity in child care
settings that reflect the
recommendations of--
``(aa) the most recent
version of the Dietary
Guidelines for Americans
published under section 301 of
the National Nutrition
Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341);
and
``(bb) authoritative
scientific recommendations;
``(II) provide technical assistance
and training to sponsors and providers
of child care centers and family or
group day care homes in implementing
State or local initiatives designed to
improve the health and nutrition of
children in child care settings;
``(III) perform outreach campaigns
on the State or local level that are
designed to increase access to the
program in underserved areas and
populations, including subsidized child
care providers; and
``(IV) make innovative use of
technology to provide training and
education to promote the nutrition,
physical activity, and health of
children.
``(D) Application.--To be eligible to receive a
grant under this paragraph, a State agency shall submit
an application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require, which shall include--
``(i) a plan to promote child care settings
that encourage healthful behaviors, including
improvements to the quality of meals and
supplements provided in institutions, family or
group day care homes, and sponsored centers;
and
``(ii) a description of--
``(I) the procedures by which the
State agency will use the grant to
award subgrants to institutions; and
``(II) the criteria that the State
agency will use in awarding such
subgrants.
``(E) Reporting.--Any State agency receiving a
grant under this paragraph shall submit a report to the
Secretary at such time, in such manner, and containing
such information as the Secretary may require that, at
a minimum, shall include--
``(i) a description of the activities
supported with funds under this paragraph;
``(ii) the progress of implementing the
activities; and
``(iii) the outcome of the activities.
``(F) Best practices.--The Secretary shall provide
to State agencies and institutions best practices for
implementing effective nutrition and wellness
initiatives, including best practices for implementing
the activities supported with funds under this
paragraph.
``(G) Funding.--
``(i) In general.--On October 1, 2010, out
of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out
this paragraph $25,000,000 to remain available
until expended to carry out this paragraph 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.
``(4) Additional information.--The Secretary, in
consultation with the Secretary of Health and Human Services,
shall make available information to State agencies and
institutions, family and group day care homes, and sponsored
centers participating in the program under this section on
common food-related choking hazards and avoiding food choking
by young children.''.
SEC. 222. STUDY ON NUTRITION AND WELLNESS QUALITY OF CHILD CARE
SETTINGS.
(a) In General.--Not less than 3 years after the date of enactment
of this Act, the Secretary, in 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 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);
(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 institutions, family or group
day care homes, and sponsored centers under 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 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 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.
Subtitle C--Special Supplemental Nutrition Program for Women, Infants,
and Children
SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PROGRAM.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is
amended--
(1) in subsection (a), in the second sentence, by striking
``supplemental foods and nutrition education through any
eligible local agency'' and inserting ``supplemental foods and
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 breast-fed 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
``(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 20 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;
``(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 for this section; 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. 242. PROCUREMENT TECHNICAL ASSISTANCE AND GUIDANCE.
Subsection (m) of section 12 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(m)) is amended to read as follows:
``(m) Procurement.--
``(1) In general.--The Secretary shall provide technical
assistance, guidance, and training to State agencies, local
educational agencies, and school food authorities for the
procurement of goods and services for programs under this Act
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
(other than section 17 of that Act (42 U.S.C. 1786)).
``(2) Buy american training.--Activities carried out under
paragraph (1) shall include technical assistance and training
to ensure compliance with subsection (n).
``(3) Food procurement.--
``(A) Survey of food product information.--
``(i) In general.--The Secretary shall
assess the availability and quality of food
product information available to school food
authorities for foods most commonly offered in
the school nutrition programs under this Act
and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), including commodity foods,
commercial foods, and foods procured directly
from a farm.
``(ii) Scope.--The scope of the assessment
should survey what type of food product
information school food authorities have access
to including--
``(I) nutritional information;
``(II) information on the food
safety standards that a food product
has met throughout production and
processing; and
``(III) any other food product
information as determined by the
Secretary.
``(iii) Procurement specifications.--As
part of the survey under this subparagraph, the
Secretary shall collect best practices and
models for food product specifications,
including nutrition and food safety
specifications, for foods (by type) used in the
school nutrition programs.
``(iv) Report.--Not later than 2 year after
the date of the enactment of the Improving
Nutrition for America's Children Act, 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 on the results of the
assessment and include such legislative
recommendations as the Secretary considers
necessary to ensure that school food
authorities have access to food product
information needed for compliance with the
requirements for the school nutrition programs
under this Act and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
``(B) Model procurement specifications.--Not later
than 1 year after the completion of the survey under
subparagraph (A), the Secretary shall make available to
State agencies and school food authorities model
product specifications for foods most commonly offered
in school nutrition programs under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
that--
``(i) reflect 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);
``(ii) encourage the use of foods
recommended by the most recent Dietary
Guidelines for Americans, including fruits,
vegetables, fat-free and reduced fat dairy
products, and whole grains;
``(iii) reflect best practices for safe
production, handling, and processing of foods
as determined by the Secretary; and
``(iv) any other specifications as
determined by the Secretary.
``(4) Foodservice management procurement.--Activities
carried out under paragraph (1) shall include model contract
specifications and practices for procuring school food services
for the provision of meals in compliance with the requirements
for administering the school nutrition programs under this Act
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
``(5) Funding.--
``(A) Mandatory funding.--On October 1, 2010, out
of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall
provide to the Secretary to carry out this subsection
$4,000,000 to remain available until expended. The
Secretary shall be entitled to receive the funds and
shall accept the funds, without further appropriation.
``(B) Authorization of appropriations.--In addition
to the amounts made available under subparagraph (A),
there are authorized to be appropriated to carry out
this subsection such sums as are necessary for each of
fiscal years 2011 through 2015.''.
SEC. 243. RESEARCH ON STRATEGIES TO PROMOTE HEALTHY EATING.
(a) In General.--The Secretary, in consultation with the Secretary
of Health and Human Services and the Secretary of Education, shall
establish a research, demonstration, and technical assistance program
to promote healthy eating and prevent and reduce the prevalence of
obesity by applying the principles and insights of behavioral economics
research in schools, child care programs, and other settings.
(b) Priorities.--In carry out the program under subsection (a), the
Secretary shall--
(1) identify and assess the impacts of specific
presentation, placement, and other strategies for structuring
choices on selection and consumption of healthful foods in a
variety of settings, consistent with the most recent version of
the Dietary 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 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--
(1) the policies, priorities, and activities 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.--
(1) In general.--There are authorized to be appropriated to
carry out this section such sums as are necessary for each of
fiscal years 2011 through 2015.
(2) Use of funds.--The Secretary may use up to 5 percent of
the funds made available under paragraph (1) for Federal
administrative expenses incurred in carrying out this section.
SEC. 244. FOOD MARKETING STUDY.
(a) Study and Report on Food Marketing.--From the amounts
appropriated under subsection (f), the Secretary, in consultation with
the Secretary of Education and the Secretary of Health and Human
Services, shall conduct a study on the extent and types of marketing of
foods and beverages in elementary and secondary schools. In carrying
out the study, the Secretary shall collaborate with, and include
information from, the Division of Adolescent and School Health of the
Centers for Disease Control and Prevention.
(b) Assessment of Nutrition.--The study conducted under subsection
(a) shall assess the nutritional quality of the types of foods and
beverages marketed in schools.
(c) Assessment of Media.--The study conducted subsection (a) shall
assess all media through which foods and beverages are marketed to
children in elementary and secondary schools, including--
(1) brand and product logos, names, or information on
educational materials, book covers, school supplies, posters,
vending machine exteriors, scoreboards, displays, signs,
equipment, buses, buildings, and other school property;
(2) educational and other incentive programs;
(3) label redemption programs;
(4) in-school television, radio, and print publications;
(5) free samples and coupons;
(6) branded fundraising activities;
(7) taste-testing and other market research activities; and
(8) incidental exposure to food and beverage marketing
through computer use, including computer banner and wallpaper
ads, or podcasts in schools.
(d) Examination of Regulatory Mechanisms.--The study conducted
subsection (a) shall also examine mechanisms regulating marketing in
elementary and secondary schools, including--
(1) Federal, State, and local policies;
(2) contracts; and
(3) sales incentives.
(e) Report.--Not later than 1 year after the completion of the
study conducted under subsection (a), the Secretary shall submit to
Congress a report on the results of the study required by subsection
(a).
(f) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 to carry out this section.
SEC. 245. NATIONAL SCHOOL LUNCH PROGRAM EQUIPMENT ASSISTANCE GRANTS.
(a) In General.--From the funds made available under subsection
(e), the Secretary shall make payments to State educational agencies to
award grants to school food authorities for the purchase of equipment
for schools under the jurisdiction of such authorities.
(b) Allocation and Reallocation.--
(1) Allocation.--Payments under subsection (a) shall be
allocated to State educational agencies in a manner
proportional with each agency's administrative expense
allocation under section 7(a)(2) of the Child Nutrition Act of
1966 (42 U.S.C. 1776(a)(2)).
(2) Reallocation.--If a State educational agency does not
accept or use the amounts made available under its allocation
in accordance with this section, the Secretary shall reallocate
such amounts to other State educational agencies, as the
Secretary determines necessary.
(c) Grants to School Food Authorities.--
(1) In general.--Not later than 180 days after receiving an
allocation under subsection (a), a State educational agency
shall award grants, on a competitive basis, to school food
authorities.
(2) Application.--To qualify to receive a grant under this
section, a school food authority shall--
(A) submit an application to a State educational
agency at such time, in such manner, and containing
such information as the State educational agency may
require; or
(B) have submitted an application to receive
equipment assistance under the grant program carried
out under--
(i) the heading ``Food and Nutrition
Service Child Nutrition Programs'' in title I
of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5); or
(ii) section 748(j) of the Agriculture,
Rural Development, Food and Drug
administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111-80;
123 Stat. 2134).
(3) Priority.--In awarding grants to school food
authorities, a State shall give priority to school food
authorities whose application demonstrate that in providing
equipment assistance to schools with funds received under this
section, such authorities will give priority to schools--
(A) in which not less than 50 percent of the
enrolled students are eligible for free or reduced
price meals under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.); and
(B) that did not benefit from equipment assistance
under the grant program carried out under--
(i) the heading ``Food and Nutrition
Service Child Nutrition Programs'' in title I
of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123
Stat. 119); or
(ii) section 748(j) of the Agriculture,
Rural Development, Food and Drug
administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111-80;
123 Stat. 2134).
(4) Uses of funds.--Under the terms and conditions
established by the Secretary, a school food authority receiving
a grant under this section shall use such funds to purchase
equipment for schools under the jurisdiction of the school food
authority--
(A) to improve the quality of food served under the
school nutrition programs established under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), consistent with the goals of the most
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) to improve the safety of food served under the
school meal programs;
(C) to improve the overall energy efficiency of
school foodservice operations; or
(D) for other purposes as established by the
Secretary.
(d) Administrative Costs.--A State educational agency receiving an
allocation under this section may not use more than 5 percent of such
allocation for administrative costs associated with awarding grants to
eligible school food authorities in accordance with this section.
(e) Funding.--There are authorized to be appropriated to carry out
this section such sums as may be necessary for each of fiscal years
2011 through 2015.
SEC. 246. GREEN CAFETERIAS PILOT PROGRAM.
(a) Establishment of the Program.--From the amounts appropriated to
carry out this section under subsection (e), the Secretary of
Agriculture, in consultation with the Administrator of the
Environmental Protection Agency, shall establish the green cafeterias
pilot program in accordance with this section to provide competitive
grants to school food authorities to create green cafeterias in the
elementary schools and secondary schools under the jurisdiction of such
school food authorities.
(b) Applications.--In order to receive a grant under this section,
a school food authority shall submit an application at such time, in
such manner, and accompanied by such information as the Secretary may
require, including--
(1) a description of the schools in which the environmental
improvements described in subsection (c)(2) will be made using
the grant funds;
(2) a draft work plan for making the environmental
improvements, including a description of the uses of funds;
(3) an assessment of the expected environmental, economic,
and educational benefits of the environmental improvements;
(4) a cost estimate of the proposed uses of funds; and
(5) the proposed use of private financing for such
environmental improvements.
(c) Allowable Uses.--
(1) In general.--A school food authority receiving a grant
under this section shall use the grant to carry out at least 2
of the allowable uses described in paragraph (2) in the
cafeterias of elementary schools and secondary schools within
the jurisdiction of the authority.
(2) Allowable uses.--The allowable uses described in this
paragraph are as follows:
(A) Procurement of environmentally-preferable
products, such as recycled content, energy efficient,
or biobased products.
(B) Recycling activities, such as--
(i) fat, oil, and grease recycling;
(ii) collection, separation, and processing
of post-consumer waste; or
(iii) composting.
(C) Purchasing energy or water efficient appliances
and products that meet Energy Star, WaterSense
guidelines, or the equivalent where these labels do not
exist.
(d) Evaluation.--Not later than 1 after the date of enactment this
section, the Secretary shall evaluate the pilot program conducted under
this section to assess--
(1) the types of activities carried out by school food
authorities receiving grants under this section;
(2) the immediate cost or savings, including any projected
costs or savings, of the green cafeteria efforts carried out by
such school food authorities;
(3) the environmental benefits associated with the green
cafeteria efforts; and
(4) any other factors and outcomes associated with carrying
out the green cafeteria efforts, as determined by the
Secretary.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2011 through 2015.
(f) Definitions.--In this section:
(1) Elementary school; secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given such term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Environmentally-preferable.--The term
``environmentally-preferable'' means products or services that
have a lesser or reduced effect on human health and the
environment as compared to competing products or services that
serve the same purpose. The product or service comparison may
consider raw materials acquisition, production, manufacturing,
packaging, distribution, reuse, maintenance, or disposal.
SEC. 247. PARTNERSHIPS FOR WELLNESS GRANTS.
(a) In General.--From the amounts appropriated under subsection
(i), the Secretary of Agriculture shall award grants to eligible
entities, on a competitive basis, for projects that leverage community
resources and support student access to physical activity, nutrition
education, and nutritious foods during the regular school calendar.
(b) Application.--
(1) In general.--Each eligible entity that desires to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require,
including--
(A) a community-involvement plan described in
paragraph (2);
(B) a description of the partners of the eligible
entity that will be involved in the implementation of
the community-involvement plan;
(C) a description of the roles that will be played
by each partner of the eligible entity in the
implementation of the community-involvement plan,
including a description of the services that will be
provided by each partner of the eligible entity; and
(D) a description of how funds received under this
section will be integrated with other Federal, State,
and local funds to maximize services and opportunities
for students, their families, and the community to be
served by the eligible entity, including a description
of how funds received under this section will be
distributed and utilized.
(2) Community involvement plan.--
(A) In general.--To be eligible to receive a grant
under this section, an eligible entity shall develop a
plan for leveraging resources, services, and
opportunities available within the community to be
served by the eligible entity in order to increase,
during the regular school calendar, student access to
physical activity, and nutrition education, and
nutritious foods.
(B) Requirements.--The community-involvement plan
shall include--
(i) a needs assessment based on guidelines
established by the Secretary that describes the
need for access to physical activity, nutrition
education, and nutritious foods, during the
regular school calendar, of students served by
the local educational agency that is partner of
the eligible entity;
(ii) a description of the potential
resources, services, and opportunities
available within the community to be served by
the eligible entity, or available near the
community, that the students, the families of
such students, and individuals in the community
may be able to access to meet the needs
identified under clause (i);
(iii) a description of the role of each of
the partners of the eligible entity in
providing services described in subsection (c)
to the students and families of the students;
(iv) a strategy for linking students and
the parents and families of the students with
the opportunities for services available
through the eligible entity; and
(v) a strategy for evaluating the impact of
services that will be provided to students and
their families through the eligible entity,
including--
(I) a description of the resources,
supports, and opportunities that will
be leveraged from the community to
provide such services;
(II) a description of how progress
in increasing student access to
physical activity, nutrition education,
and nutritious food will be measured;
and
(III) a description of how the
impact of increasing student access to
physical activity, nutrition education,
and nutritious food will be measured.
(c) Uses of Funds.--An eligible entity receiving a grant under this
section shall use the funds to carry out 1 or more of the following
services:
(1) Increasing, during the regular school calendar, student
access to physical activity, including through short bouts of
physical activity in the classroom and structured physical
activities that are taught and led by trained adults during
recess.
(2) Increasing, during the regular school calendar, student
access to nutrition education, including nutrition education
provided through the community by local nutritionists, or other
health care providers.
(3) Increasing, during the regular school calendar, student
access to nutritious foods, including through food
demonstrations with local chefs and restaurants.
(d) Matching Requirement.--To be eligible to receive a grant under
this section, an eligible entity shall agree to provide non-Federal
contributions in an amount equal to not less than 50 percent of the
amount of Federal funds provided under a grant under this section.
(e) Duration.--A grant under this section shall be awarded for a
period of not more than 3 years.
(f) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, any other
Federal, State, or local funds that would otherwise be available to
carry out the services assisted under this section.
(g) Reporting.--Each eligible entity that receives a grant under
this section shall, on an annual basis during each year of the grant
period, report to the Secretary on--
(1) the number and type of, and the roles played by,
partners of the eligible entity involved in the development and
implementation of the entity's community-involvement plan
described in subsection (b)(2);
(2) the services coordinated or provided under the
community-involvement plan; and
(3) a description of the degree to which the eligible
entity has made progress in increasing student access to
physical activity, nutrition education, and nutritious foods as
a result of the services provided under the community-
development plan.
(h) Definitions.--For purposes of this section:
(1) Child-and-youth-serving organization.--The term
``child-and-youth-serving organization'' means a public or
private organization with a primary focus on providing to
children and youth, youth development programs, or health,
fitness, education, child welfare, psychological, parenting, or
recreation services.
(2) Community-based organization.--The term ``community-
based organization'' means a public or private nonprofit
organization of demonstrated effectiveness that--
(A) is representative of a community or significant
segments of a community; and
(B) provides nutrition, nutrition education, or
physical fitness services, or other related services to
individuals in the community.
(3) During the regular school calendar.--The phrase
``during the regular school calendar'' refers to a period
during the regular school calendar during school hours.
(4) Eligible entity.--
(A) In general.--The term ``eligible entity'' means
a local educational agency participating in the lunch
program under the Richard B. Russell National and the
breakfast program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that has
established a partnership with 1 or more entities
described in subparagraph (B).
(B) Entities.--The entities described in this
subparagraph are as follows:
(i) A community-based organization.
(ii) A child-and-youth-serving organization
or agency.
(iii) An institution of higher education.
(iv) A hospital or health care provider.
(v) Other business or community partner.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2011 through 2015.
TITLE III--IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION
PROGRAMS
Subtitle A--National School Lunch Program
SEC. 301. INDIRECT COSTS.
(a) Guidance on Indirect Costs Rules.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall issue
guidance to school food 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 allowable costs that may be
charged to the nonprofit school food service accounts, including
indirect costs and direct costs.
(b) Indirect and Direct Costs Study.--The 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 and direct costs, including
assessments of--
(A) the allocation of indirect and directs costs to
such school food authorities;
(B) the methodologies used to establish indirect
cost rates for such school food authorities);
(C) the types and amounts of indirect costs charged
and recovered by school districts;
(D) the impact of indirect costs charged to the
nonprofit school food service account of such school
food authorities;
(E) whether the indirect and direct costs charged
or recovered are consistent with requirements for the
allocation of costs and school food service operations;
and
(F) the types and amounts of indirect and direct
costs that could be charged or recovered under
requirements for the allocation of costs 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.).
(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 and direct costs charged to school food authorities
participating in the lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the
breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1773); and
(2) the authority of school food authorities to reimburse
only those costs identified by the 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.
(f) Effective Date.--The amendment made by subsection (a) shall
take effect on July 1, 2011.
SEC. 302. REVENUE FROM NONPROGRAM FOODS SOLD IN SCHOOLS.
(a) Amendment.--Section 12 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760) (as amended by section 242) is
amended by adding at the end the following:
``(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.
``(3) Report.--Not later than 4 years after enactment of
this subsection, 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 describing the impact of implementation of this
subsection on financial accounting processes and procedures,
the nonprofit school food service account, and school food
service operations.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on July 1, 2011.
SEC. 303. REPORTING AND NOTIFICATION OF SCHOOL 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;
``(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.''.
SEC. 304. COMPLIANCE AND ACCOUNTABILITY STUDY.
(a) In General.--The Secretary of Agriculture shall conduct a study
to--
(1) assess the effectiveness and efficiency of
administrative review systems to ensure--
(A) each local educational agency participating in
the school lunch program established under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) complies with the provisions of such Act,
including the provisions with respect to nutrition,
eligibility, meal counts, and claims for reimbursement;
(B) each local educational agency participating in
the school breakfast program established under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
complies with the provisions of such Act, including the
provisions with respect to nutrition, eligibility, meal
counts, and claims for reimbursement; and
(C) each local educational agency described in
subparagraphs (A) and (B) is accountable for the
compliance described in such subparagraphs;
(2) design and test alternative processes and procedures
that may improve the effectiveness and efficiency of the
administrative review systems described in paragraph (1), and
determine the optimal frequency for carrying out reviews under
such systems; and
(3) identify any alternative processes and procedures for
establishing a more effective and efficient administrative
review system that--
(A) reflect the results of tests of alternative
processes and procedures conducted pursuant to
paragraph (2); and
(B) consider the practicality of implementing such
alternative processes and procedures, including the
cost and burden of implementation that would be imposed
on school food authorities, local educational agencies,
and State educational agencies.
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary of Agriculture shall submit to the Committee
on Education and Labor of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, a
report that describes the results and recommendations of the study
conducted pursuant to subsection (a).
(c) Regulations.--The Secretary of Agriculture may prescribe
regulations as may be necessary to implement the processes or
procedures identified pursuant to subsection (a)(3) for establishing an
effective and efficient administrative review system.
(d) Funding.--
(1) In general.--Upon the date of the enactment of this
Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary of Agriculture $3,000,000 to carry out this
section, to remain available until expended.
(2) Receipt and acceptance.--The Secretary of Agriculture
shall be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under paragraph
(1), without further appropriation.
SEC. 305. APPLICABILITY OF FOOD SAFETY PROGRAM ON ENTIRE SCHOOL CAMPUS.
Section 9(h) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(h)) is amended--
(1) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) post a report on the most recent inspection
conducted under subparagraph (A) in--
``(i) a publicly visible location in the
school foodservice area; and
``(ii) a publicly accessible location on
the Internet website of the local educational
agency.'';
(2) in paragraph (5)--
(A) by striking ``Each school authority'' and
inserting the following:
``(A) In general.--Each school food authority'';
and
(B) by adding at the end the following:
``(B) Applicability.--The requirements of the
school food safety program described in subparagraph
(A) shall apply to any facility or part of a facility
where food is stored, prepared, and served for the
purposes of the school nutrition programs under this
Act and the school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).'';
and
(3) by adding at the end the following:
``(6) Training requirement.--
``(A) In general.--Each school food authority
participating in a program under this Act shall ensure
that all school food service workers employed by the
authority shall--
``(i) have access to appropriate training
under a qualified training program, as
described in subparagraph (B), on safe
handling, preparation, and delivery of food to
children participating in the school meal
programs; and
``(ii) comply with a performance standard
for safe food handling, determined by the
Secretary that is consistent with nationally
recognized standards applicable to the
preparation and delivery of meals served to
children in a school environment.
``(B) Qualified training program.--School
foodservice workers shall have access to comprehensive
food safety training programs that, at a minimum,
shall--
``(i) be based on a process approach to
Hazard Analysis Critical Control Point (HACCP)
principles established by the Secretary; and
``(ii) include training related to--
``(I) personal hygiene and
pathogens, including characteristics of
illness (including foodborne
illnesses);
``(II) safe food service
operations, including kitchen
sanitation and equipment maintenance;
``(III) safe food handling,
preparation, and delivery including
storage, thawing, prepping, cooking,
cooling and reheating practices for all
forms of food, including fresh, frozen,
and canned food; and
``(IV) other such topics determined
by the Secretary.''.
SEC. 306. ENSURING SAFETY OF SCHOOL MEALS.
The Richard B. Russell National School Lunch Act is amended by
after section 28 (42 U.S.C. 1769i) the following:
``SEC. 29. ENSURING SAFETY OF SCHOOL MEALS.
``(a) Food and Nutrition Service.--Not later than 1 year after the
date of enactment of the Improving Nutrition for America's Children
Act, 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 Improving Nutrition for America's
Children Act the Secretary, acting through the Administrator of the
Food Safety and Inspection Service, shall revise the procedures of the
Food Safety and Inspection Service to ensure that schools are included
in effectiveness checks.''.
SEC. 307. INFORMATION ON COMMODITY FOOD SUPPLIERS.
Section 6 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1755) is amended by adding at the end the following:
``(f) Commodity Food Vendors.--The Secretary shall make available
to State agencies, school food authorities, and the public on the
website maintained by the Secretary--
``(1) a current listing of vendors that supply commodity
foods for use in the school nutrition programs under this Act
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
``(2) information on the commodity food supplied by each
such vendor; and
``(3) any other information related to each such vendor, as
determined by the Secretary.''.
SEC. 308. PRIVACY PROTECTION.
Section 9(d)(1) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(d)(1)) is amended--
(1) in the first sentence, by inserting ``the last 4 digits
of'' before ``the social security account number''; and
(2) by striking the second sentence.
SEC. 309. 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.--
``(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.''.
SEC. 310. INDEPENDENT REVIEW OF APPLICATIONS.
Section 22(b) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769c(b)) is amended by adding at the end the following:
``(6) Eligibility determination review for selected local
educational agencies.--
``(A) In general.--A local educational agency that
has demonstrated a high level of, or a high risk for,
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.''.
SEC. 311. 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.''.
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).''.
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.--
``(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.''.
Subtitle C--Child and Adult Care Food Program
SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PERMANENT OPERATING
AGREEMENTS.
(a) Permanent Operating Agreements.--Section 17(d)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) is
amended by adding at the end the following:
``(E) Permanent operating agreements.--
``(i) In general.--Subject to clauses (ii)
and (iii), to participate in the child and
adult care food program, an institution that
meets the conditions of eligibility described
in this subsection shall be required to enter
into a permanent agreement with the applicable
State agency.
``(ii) Amendments.--A permanent agreement
described in clause (i) may be amended as
necessary to ensure that the institution is in
compliance with all requirements established in
this section or by the Secretary.
``(iii) Termination.--A permanent agreement
described in clause (i)--
``(I) may be terminated for
convenience by the institution or State
agency that is a party to the permanent
agreement; and
``(II) shall be terminated--
``(aa) for cause by the
applicable State agency in
accordance with paragraph (5);
or
``(bb) on termination of
participation of the
institution in the child and
adult care food program.''.
(b) Applications and Reviews.--Section 17(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766(d)) is amended by
striking paragraph (2) and inserting the following:
``(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;
``(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.
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.
``(2) Reimbursement.--In accordance with paragraph (3), a
State agency that fails to meet timeframes for providing an
opportunity for a fair hearing and a prompt determination to
any institution under paragraph (1) in accordance with
regulations promulgated by the Secretary, shall pay, from non-
Federal sources, all valid claims for reimbursement to the
institution and the facilities of the institution during the
period beginning on the day after the end of any regulatory
deadline for providing the opportunity and making the
determination and ending on the date on which a hearing
determination is made.
``(3) Notice to state agency.--The Secretary shall provide
written notice to a State agency at least 30 days prior to
imposing any liability for reimbursement under paragraph (2).
``(4) Federal audit determination.--A State''.
SEC. 333. APPLICATION SUBMISSION 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) Application
submission.--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.''.
SEC. 334. ADMINISTRATIVE PAYMENTS TO SPONSORING ORGANIZATIONS.
Section 17(f)(3)(B) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(3)(B)) is amended to read as follows:
``(B) Administrative reimbursements.--
``(i) In general.--In addition to
reimbursement provided under subparagraph (A),
family or group day care home sponsoring
organizations shall receive reimbursement for
the administrative expenses in amounts not less
than the sum of the product obtained by
multiplying--
``(I) the number of family and
group day care homes of the sponsoring
organization submitting a claim for
reimbursement in each month; by
``(II) the administrative
reimbursement rate prescribed by the
Secretary.
``(ii) Administrative reimbursement rate.--
Effective July 1, 2011, the Secretary shall
increase the administrative reimbursement rate
prescribed by the Secretary under clause
(i)(II) by $5 for each family and group day
care home of the sponsoring organization
submitting a claim for reimbursement.
``(iii) Annual adjustment.--The
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
all items for the most recent 12-month period
for which data are available.
``(iv) Carryover funds.--The Secretary
shall develop procedures under which not more
than 10 percent of the amount made available to
sponsoring organizations for a fiscal year
under this section for administrative expenses
for a fiscal year may remain available to such
organizations for obligation or expenditure for
the succeeding fiscal year for such purpose.''.
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.''.
SEC. 336. REDUCING PAPERWORK AND IMPROVING PROGRAM ADMINISTRATION.
Section 17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) is amended by adding at the end the following:
``(u) Reducing Paperwork and Improving Program Administration.--
``(1) 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
``(2) Duties.--At a minimum, the examination shall
include--
``(A) 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);
``(B) examination of additional paperwork and
administrative requirements that have been established
since February 23, 2007, that could be reduced or
simplified; and
``(C) examination of any other aspect regarding the
administration of the program, as determined by the
Secretary.
``(3) Report.--Not later than 4 years after the date of
enactment of this Act, 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 actions
that have been taken to carry out this section, including--
``(A) 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);
``(B) 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;
``(C) additional steps that the Secretary is taking
or plans to take to address any administrative and
paperwork burdens identified under paragraph (2)(B) and
subparagraph (B), including--
``(i) new or updated regulations, policy,
guidance, or technical assistance; and
``(ii) a timeframe for the completion of
those steps; and
``(D) recommendations to Congress for modifications
to existing statutory authorities needed to address
identified administrative and paperwork burdens.''.
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.
(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.
``(B) Solicitation and rebate billing
requirements.--Any State agency instituting a cost
containment measure for any authorized food, including
infant formula, shall--
``(i) in the bid solicitation--
``(I) identify the composition of
State alliances for the purposes of a
cost containment measure; and
``(II) verify that no additional
States shall be added to the State
alliance between the date of the bid
solicitation and the end of the
contract;
``(ii) have a system to ensure that rebate
invoices under competitive bidding provide a
reasonable 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:
``(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
third-party processor that the vendor
elects to use to connect to the
electronic benefit transfer system of
the State.
``(II) Interchange fees.--No
interchange fees shall apply to
electronic benefit transfer
transactions under this paragraph.
``(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 Improving Nutrition for
America's Children Act, 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).''.
(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) (as amended by section 242) is further 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.''.
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 361) is further 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.).''.
TITLE IV--MISCELLANEOUS
Subtitle A--Reauthorization of Expiring Provisions
PART 1--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. 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. 404. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by striking subsection (j) (as redesignated by
section 208(1)).
SEC. 405. 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.
``(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. 406. 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''; and
(3) by adding at the end the following:
``(iii) on October 1, 2010, and each
October 1 thereafter, $4,000,000.''.
SEC. 407. 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. 408. 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
``$250,000 for each of fiscal years 2005 through 2009'' and inserting
``$1,000,000 for each of fiscal years 2010 through 2015''.
PART 2--CHILD NUTRITION ACT OF 1966
SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT.
Section 7(i)(4) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(i)(4)) is amended by striking ``2005 through 2009'' and inserting
``2010 through 2015''.
SEC. 422. STATE ADMINISTRATIVE EXPENSES.
Section 7(j) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(j))
is amended by striking ``October 1, 2009'' and inserting ``October 1,
2015''.
SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN.
Section 17(g)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(g)(1)(A)) is amended by striking ``each of fiscal years 2004
through 2009'' and inserting ``each of fiscal years 2010 through
2015''.
SEC. 424. FARMERS MARKET NUTRITION PROGRAM.
Section 17(m)(9) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(m)(9)) is amended by striking subparagraph (A) and inserting the
following:
``(A) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection 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) (as amended by section 362) is further amended
by striking subsection (k).
(5) Summer food service program for children.--
(A) In general.--Section 13 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1761) is
amended by striking the section heading and all that
follows through the end of subsection (a)(1) and
inserting the following:
``SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
``(a) In General.--
``(1) Definitions.--In this section:
``(A) Area in which poor economic conditions
exist.--
``(i) In general.--Subject to clause (ii),
the term area in which poor economic conditions
exist, as the term relates to an area in which
a program food service site is located, means--
``(I) the attendance area of a
school in which at least 50 percent of
the enrolled children have been
determined eligible for free or reduced
price 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
``(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)) (as amended by section 113) is further
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.--
``(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); and
(B) by redesignating paragraphs (3) and (4) as
paragraphs (1) and (2), respectively.
(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) Fresh fruit and vegetable program.--Subsection (b) of
section 19 of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769a(b)) is amended to read as follows:
``(b) Program.--A school participating in the program--
``(1) shall make free fresh fruits and vegetables available
to students throughout the school day (or at such other times
as are considered appropriate by the Secretary) in 1 or more
areas designated by the school; and
``(2) may make free dried fruit available to students
throughout the school day (or at such other times as are
considered appropriate by the Secretary) in 1 or more areas
designated by the school only if such dried fruit--
``(A) contains no added sugar; and
``(B) meets any additional specifications, as
established by the Secretary.''.
(15) 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'';
(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 amended
by section 232) and subparagraph (E) as subparagraphs
(C) and (D), respectively.
SEC. 442. EQUIPMENT ASSISTANCE TECHNICAL CORRECTION.
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) to make
equipment available to schools that did not previously receive
equipment assistance under a grant under such heading (Public Law 111-
5; 123 Stat. 119).
SEC. 443. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 444. 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.
<all>
Introduced in House
Introduced in House
Referred to House Education and Labor
Referred to the Committee on Education and Labor, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Budget
Committee Hearings Held.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 32 - 13.
Referred to the Subcommittee on Healthy Families and Communities.
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