Text of H.R. 5504 (111th): Improving Nutrition for America’s Children Act (Introduced version)

111th CONGRESS

2d Session

H. R. 5504

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.

(a)

This Act may be cited as the Improving Nutrition for America’s Children Act.

(b)

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.

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

101.

(a)

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)

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)

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.

102.

(a)

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)

(i)

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)

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)

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)

(I)

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)

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)

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)

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)

(i)

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)

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)

(I)

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)

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)

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)

(i)

In this paragraph, the term without further application means that no action is required by the household of the child.

(ii)

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).

103.

(a)

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)

(A)

(i)

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)

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)

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)

(i)

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)

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)

(i)

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)

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)

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)

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)

In this paragraph:

(i)

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)

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)

(i)

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)

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)

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)).

104.

(a)

(1)

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)

(i)

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)

(I)

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)

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)

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)

(I)

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)

The percentage of meals served that is not described in subclause (I) shall be reimbursed at the rate provided under section 4.

(iv)

(I)

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)

The percentage of meals served that is not described in subclause (I) shall be reimbursed at the rate provided under section 4.

(v)

(I)

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)

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)

The percentage of meals served that is not described in subclause (II) shall be reimbursed at the rate provided under section 4.

(vi)

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)

(I)

For each school year beginning on or before July 1, 2013, the multiplier shall be 1.6.

(II)

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)

(I)

For each school year beginning on or before July 1, 2013, the threshold shall be 40 percent.

(II)

For each school year beginning on or after July 1, 2014, the Secretary may use a threshold that is less than 40 percent.

(ix)

(I)

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)

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)

(I)

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)

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)

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)

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)

(I)

Not later than 90 days after the date of enactment of this subparagraph, the Secretary shall issue guidance to implement this subparagraph.

(II)

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)

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)

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)

(I)

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)

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)

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)

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)

(1)

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)

(A)

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)

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)

(i)

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)

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)

A demonstration project carried out under this paragraph shall have a duration of not more than 3 years.

(iv)

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)

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)

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)

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.

105.

(a)

The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting after 17A the following:

17B.

(a)

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)

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)

The number of meals provided to an eligible child under this section may not exceed 1 meal and 1 supplement per day.

(d)

(1)

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)

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)

(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)

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)

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)

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)

For purposes of this section:

(1)

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)

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)

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)

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)

(1)

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)

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)

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)

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.

106.

Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is amended by adding at the end the following:

(f)

(1)

(A)

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)

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)

(i)

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)

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)

(i)

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)

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)

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)

(A)

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)

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)

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)

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)

For purposes of this section, the term qualifying school means a school in severe need, as described in subsection (d)(1).

(5)

(A)

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)

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.

111.

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)

(A)

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)

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.

112.

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)

(A)

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)

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)

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)

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.

113.

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)

(A)

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)

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)

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)

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)

The Secretary shall encourage service institutions participating in the program option under this paragraph to provide enrichment or educational programming with meal service.

(F)

(i)

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)

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)

(I)

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)

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)

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)

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)

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)

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.

114.

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).

121.

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.

122.

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)

(i)

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)

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)

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)

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.

131.

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)

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.

141.

The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting after section 22 the following:

23.

(a)

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)

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)

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)

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)

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)

(1)

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)

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.

142.

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:

24.

(a)

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)

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)

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)

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)

(1)

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)

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)

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)

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)

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)

(1)

No project may be funded under this section for more than 5 years.

(2)

No Governor of a State may receive funds under this section to carry out more than 1 project.

(3)

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)

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)

In this section:

(1)

The term child means a person under the age of 18.

(2)

The term eligible entity means a public or private agency or organization, as determined by the Secretary.

(3)

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)

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.

143.

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)

(A)

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)

(i)

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)

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)

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)

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)

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)

(i)

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)

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)

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)

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.

144.

(a)

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)

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.

145.

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)

(1)

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)

(A)

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)

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)

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)

(A)

The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this section.

(B)

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)

(A)

Not later than November 30, 2013, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection.

(B)

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)

In this subsection:

(A)

The term at-risk school child has the meaning given the term in section 17(r)(1).

(B)

(i)

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)

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)

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.

201.

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)

(A)

(i)

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)

(I)

Not later than 18 months after promulgation of the proposed regulations under clause (i), the Secretary shall promulgate interim or final regulations.

(II)

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)

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)

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)

(i)

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)

The State agency shall disburse funds made available under this paragraph to school food authorities eligible to receive additional reimbursement.

(D)

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)

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)

(i)

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)

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)

(I)

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)

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.

202.

(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)

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.

203.

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)

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.

204.

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:

10.

(a)

The Secretary

; and

(2)

by striking subsection (b) and inserting the following:

(b)

(1)

(A)

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)

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)

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)

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)

(A)

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)

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)

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.

205.

(a)

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

9A.

(a)

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)

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)

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)

(1)

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)

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)

(A)

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)

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)

(1)

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)

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)

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)

There are authorized to be appropriated to carry out this subsection $3,000,000 for fiscal year 2011, to remain available until expended.

(b)

Section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108–265) is repealed.

206.

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)

(1)

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)

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)

(A)

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)

Each State receiving information under subparagraph (A) shall report such information to the Secretary, in accordance with the requirements described in paragraph (4).

(C)

The Secretary shall make publicly available the information received from each State under subparagraph (B).

(4)

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)

The Secretary shall provide technical assistance to States and local educational agencies on meeting the requirements of this subsection.

207.

Section 5 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1754) is amended to read as follows:

(a)

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)

(1)

The Secretary shall provide each State agency described in subsection (a) a payment for each fiscal year in an amount equal to ½ 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)

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)

A State agency receiving funds under this section shall maintain documentation of the nutrition and wellness promotion activities carried out under this section.

(c)

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)

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)

208.

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)

(1)

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)

(A)

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)

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)

(A)

The Secretary shall award grants, on a competitive basis, to eligible entities for farm to school activities described under paragraph (2).

(B)

A grant awarded under this subsection may not exceed $100,000.

(C)

(i)

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)

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)

A grant under this subsection shall be awarded for a period not to exceed 2 years.

(E)

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)

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)

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)

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)

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)

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)

(A)

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)

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)

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)

(1)

;

(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)

(1)

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)

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)

(A)

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)

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.

221.

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)

(1)

(A)

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)

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)

(1)

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)

(A)

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)

(i)

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)

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)

(I)

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)

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)

(i)

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)

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)

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)

(A)

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)

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)

(i)

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)

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)

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)

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)

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)

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)

(1)

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)

(A)

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)

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)

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)

(i)

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)

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)

(A)

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)

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)

(i)

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)

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)

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)

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)

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)

(i)

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)

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)

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.

222.

(a)

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)

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)

(1)

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)

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.

231.

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)

(A)

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)

(i)

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)

There is authorized to be appropriated to carry out the activities described in clause (viii) of subparagraph (A) such sums as are necessary.

(C)

(i)

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)

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)

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)

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)

(A)

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)

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)

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)

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.

232.

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,.

242.

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)

(1)

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)

Activities carried out under paragraph (1) shall include technical assistance and training to ensure compliance with subsection (n).

(3)

(A)

(i)

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)

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)

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)

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)

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)

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)

(A)

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)

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.

243.

(a)

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)

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)

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)

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)

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)

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)

(1)

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)

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.

244.

(a)

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)

The study conducted under subsection (a) shall assess the nutritional quality of the types of foods and beverages marketed in schools.

(c)

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)

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)

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)

There are authorized to be appropriated $1,000,000 to carry out this section.

245.

(a)

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)

(1)

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)

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)

(1)

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)

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)

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)

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)

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)

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.

246.

(a)

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)

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)

(1)

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)

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)

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)

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)

In this section:

(1)

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)

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.

247.

(a)

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)

(1)

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)

(A)

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)

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)

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)

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)

A grant under this section shall be awarded for a period of not more than 3 years.

(f)

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)

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)

For purposes of this section:

(1)

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)

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)

The phrase during the regular school calendar refers to a period during the regular school calendar during school hours.

(4)

(A)

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)

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)

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)

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.

III

301.

(a)

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)

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)

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)

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)

(1)

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)

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)

The amendment made by subsection (a) shall take effect on July 1, 2011.

302.

(a)

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)

(1)

In this subsection:

(A)

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)

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)

(A)

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)

All revenue from the sale of nonprogram foods shall accrue to the nonprofit school food service account of a participating school food authority.

(3)

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)

The amendment made by subsection (a) shall take effect on July 1, 2011.

303.

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)

(1)

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.

304.

(a)

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)

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)

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)

(1)

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)

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.

305.

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)

Each school food authority

; and

(B)

by adding at the end the following:

(B)

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)

(A)

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)

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.

306.

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

29.

(a)

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)

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.

307.

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)

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.

308.

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.

309.

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)

(1)

(A)

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)

(i)

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)

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)

(A)

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)

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)

Funds to pay a fine imposed under paragraph (1) or (2) shall be derived from non-Federal sources.

310.

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)

(A)

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)

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)

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)

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)

(i)

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)

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)

The Secretary shall publish annually the results of the reviews of initial eligibility determinations by State, number, percentage, and type of error.

311.

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)

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.

321.

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)

(A)

(i)

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)

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)

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)

(i)

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)

Payment to service institutions for administrative costs shall equal the levels determined by the Secretary pursuant to the study required in paragraph (4).

322.

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)

(1)

Each State agency shall follow the procedures established by the Secretary for the termination of participation of institutions under the program.

(2)

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)

(A)

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)

The Secretary shall make the list available to States for use in approving or renewing applications by service institutions for participation in the program.

331.

(a)

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)

(i)

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)

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)

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)

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)

(A)

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)

(i)

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)

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)

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)

(i)

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)

(I)

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)

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)

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)

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.

332.

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)

If a State

; and

(2)

by striking (e) Except as provided and all that follows through (2) A State and inserting the following:

(e)

(1)

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)

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)

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)

A State

333.

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)

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)

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.

334.

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)

(i)

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)

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)

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)

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.

335.

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)

(A)

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)

(i)

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)

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.

336.

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)

(1)

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)

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)

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.

351.

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)

(i)

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)

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.

352.

(a)

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)

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)

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)

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)

(A)

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)

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)

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)

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)

(A)

In this paragraph:

(i)

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)

The term program means the special supplemental nutrition program established by this section.

(B)

(i)

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)

The State agency shall be responsible for the coordination and management of the electronic benefit transfer system of the agency.

(C)

(i)

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)

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)

(i)

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)

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)

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)

(i)

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)

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)

(I)

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)

No interchange fees shall apply to electronic benefit transfer transactions under this paragraph.

(iv)

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)

(i)

The Secretary shall establish minimum lane coverage guidelines for vendor equipment and systems used to support electronic benefit transfers.

(ii)

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)

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)

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)

(A)

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)

(i)

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)

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)

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)

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)

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.

361.

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)

(1)

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)

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.

362.

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)

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.).

401.

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.

402.

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.

403.

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.

404.

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)).

405.

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)

(1)

(A)

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)

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).

406.

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.

407.

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.

408.

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.

421.

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.

422.

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.

423.

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.

424.

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)

There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2010 through 2015.

441.

(a)

(1)

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)

(1)

Schools that are participating in the school lunch program or school breakfast program shall serve lunches and breakfasts that—

(A)

(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)

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)

Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended by striking subsection (f).

(4)

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)

(A)

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:

13.

(a)

(1)

In this section:

(A)

(i)

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)

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)

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)

The term program means the summer food service program for children authorized by this section.

(D)

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)

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)

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)

(A)

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)

(i)

To the maximum extent feasible,

; and

(II)

by striking The Secretary shall and inserting the following:

(ii)

The Secretary shall

;

(ii)

in paragraph (3)—

(I)

by striking (3) Eligible service institutions and inserting the following:

(3)

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)

(A)

The following

; and

(III)

by striking The Secretary and the States and inserting the following:

(B)

The Secretary and the States

;

(iv)

by striking (5) Camps and inserting the following:

(5)

Camps

; and

(v)

by striking (6) Service institutions and inserting the following:

(6)

Service institutions

(6)

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)

Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended by striking subsection (p).

(8)

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)

Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (a).

(10)

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)

Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (d).

(12)

Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (e).

(13)

Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (f).

(14)

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)

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)

Section 27 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769h) is repealed.

(b)

(1)

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)

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.

442.

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).

443.

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.

444.

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.

H.R. 5504 (111^th): Improving Nutrition for America’s Children Act

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