[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3307 Enrolled Bill (ENR)]

        S.3307

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
    To reauthorize child nutrition programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Healthy, Hunger-
Free Kids Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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. Improving direct certification.
Sec. 102. Categorical eligibility of foster children.
Sec. 103. Direct certification for children receiving Medicaid benefits.
Sec. 104. Eliminating individual applications through community 
          eligibility.
Sec. 105. Grants for expansion of school breakfast programs.

                 Subtitle B--Summer Food Service Program

Sec. 111. Alignment of eligibility rules for public and private 
          sponsors.
Sec. 112. Outreach to eligible families.
Sec. 113. Summer food service support grants.

              Subtitle C--Child and Adult Care Food Program

Sec. 121. Simplifying area eligibility determinations in the child and 
          adult care food program.
Sec. 122. Expansion of afterschool meals for at-risk children.

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

Sec. 131. Certification periods.

                        Subtitle E--Miscellaneous

Sec. 141. Childhood hunger research.
Sec. 142. State childhood hunger challenge grants.
Sec. 143. Review of local policies on meal charges and provision of 
          alternate meals.

TITLE II--REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS OF CHILDREN

                Subtitle A--National School Lunch Program

Sec. 201. Performance-based reimbursement rate increases for new meal 
          patterns.
Sec. 202. Nutrition requirements for fluid milk.
Sec. 203. Water.
Sec. 204. Local school wellness policy implementation.
Sec. 205. Equity in school lunch pricing.
Sec. 206. Revenue from nonprogram foods sold in schools.
Sec. 207. Reporting and notification of school performance.
Sec. 208. Nutrition standards for all foods sold in school.
Sec. 209. Information for the public on the school nutrition 
          environment.
Sec. 210. Organic food pilot program.

              Subtitle B--Child and Adult Care Food Program

Sec. 221. Nutrition and wellness goals for meals served through the 
          child and adult care food program.
Sec. 222. Interagency coordination to promote health and wellness in 
          child care licensing.
Sec. 223. Study on nutrition and wellness quality of child care 
          settings.

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

Sec. 231. Support for breastfeeding in the WIC Program.
Sec. 232. Review of available supplemental foods.

                        Subtitle D--Miscellaneous

Sec. 241. Nutrition education and obesity prevention grant program.
Sec. 242. Procurement and processing of food service products and 
          commodities.
Sec. 243. Access to Local Foods: Farm to School Program.
Sec. 244. Research on strategies to promote the selection and 
          consumption of healthy foods.

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

                Subtitle A--National School Lunch Program

Sec. 301. Privacy protection.
Sec. 302. Applicability of food safety program on entire school campus.
Sec. 303. Fines for violating program requirements.
Sec. 304. Independent review of applications.
Sec. 305. Program evaluation.
Sec. 306. Professional standards for school food service.
Sec. 307. Indirect costs.
Sec. 308. Ensuring safety of school meals.

                 Subtitle B--Summer Food Service Program

Sec. 321. Summer food service program permanent operating agreements.
Sec. 322. Summer food service program disqualification.

              Subtitle C--Child and Adult Care Food Program

Sec. 331. Renewal of application materials and permanent operating 
          agreements.
Sec. 332. State liability for payments to aggrieved child care 
          institutions.
Sec. 333. Transmission of income information by sponsored family or 
          group day care homes.
Sec. 334. Simplifying and enhancing administrative payments to 
          sponsoring organizations.
Sec. 335. Child and adult care food program audit funding.
Sec. 336. Reducing paperwork and improving program administration.
Sec. 337. Study relating to the child and adult care food program.

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

Sec. 351. Sharing of materials with other programs.
Sec. 352. WIC program management.

                        Subtitle E--Miscellaneous

Sec. 361. Full use of Federal funds.
Sec. 362. Disqualified schools, institutions, and individuals.

                         TITLE IV--MISCELLANEOUS

           Subtitle A--Reauthorization of Expiring Provisions

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

Sec. 401. Commodity support.
Sec. 402. Food safety audits and reports by States.
Sec. 403. Procurement training.
Sec. 404. Authorization of the summer food service program for children.
Sec. 405. Year-round services for eligible entities.
Sec. 406. Training, technical assistance, and food service management 
          institute.
Sec. 407. Federal administrative support.
Sec. 408. Compliance and accountability.
Sec. 409. Information clearinghouse.

                  PART II--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. Use of unspent future funds from the American Recovery and 
          Reinvestment Act of 2009.
Sec. 443. Equipment assistance technical correction.
Sec. 444. Budgetary effects.
Sec. 445. Effective date.
SEC. 2. DEFINITION OF SECRETARY.
    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture.

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

    SEC. 101. IMPROVING DIRECT CERTIFICATION.
    (a) Performance Awards.--Section 9(b)(4) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(b)(4)) is amended--
        (1) in the paragraph heading, by striking ``food stamp'' and 
    inserting ``supplemental nutrition assistance program''; and
        (2) by adding at the end the following:
            ``(E) Performance awards.--
                ``(i) In general.--Effective for each of the school 
            years beginning July 1, 2011, July 1, 2012, and July 1, 
            2013, the Secretary shall offer performance awards to 
            States to encourage the States to ensure that all children 
            eligible for direct certification under this paragraph are 
            certified in accordance with this paragraph.
                ``(ii) Requirements.--For each school year described in 
            clause (i), the Secretary shall--

                    ``(I) consider State data from the prior school 
                year, including estimates contained in the report 
                required under section 4301 of the Food, Conservation, 
                and Energy Act of 2008 (42 U.S.C. 1758a); and
                    ``(II) make performance awards to not more than 15 
                States that demonstrate, as determined by the 
                Secretary--

                        ``(aa) outstanding performance; and
                        ``(bb) substantial improvement.
                ``(iii) Use of funds.--A State agency that receives a 
            performance award under clause (i)--

                    ``(I) shall treat the funds as program income; and
                    ``(II) may transfer the funds to school food 
                authorities for use in carrying out the program.

                ``(iv) Funding.--

                    ``(I) In general.--On October 1, 2011, and each 
                subsequent October 1 through October 1, 2013, out of 
                any funds in the Treasury not otherwise appropriated, 
                the Secretary of the Treasury shall transfer to the 
                Secretary--

                        ``(aa) $2,000,000 to carry out clause 
                    (ii)(II)(aa); and
                        ``(bb) $2,000,000 to carry out clause 
                    (ii)(II)(bb).

                    ``(II) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this clause the funds transferred under 
                subclause (I), without further appropriation.

                ``(v) Payments not subject to judicial review.--A 
            determination by the Secretary whether, and in what amount, 
            to make a performance award under this subparagraph shall 
            not be subject to administrative or judicial review.''.
    (b) Continuous Improvement Plans.--Section 9(b)(4) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended 
by subsection (a)) is amended by adding at the end the following:
            ``(F) Continuous improvement plans.--
                ``(i) Definition of required percentage.--In this 
            subparagraph, the term `required percentage' means--

                    ``(I) for the school year beginning July 1, 2011, 
                80 percent;
                    ``(II) for the school year beginning July 1, 2012, 
                90 percent; and
                    ``(III) for the school year beginning July 1, 2013, 
                and each school year thereafter, 95 percent.

                ``(ii) Requirements.--Each school year, the Secretary 
            shall--

                    ``(I) identify, using data from the prior year, 
                including estimates contained in the report required 
                under section 4301 of the Food, Conservation, and 
                Energy Act of 2008 (42 U.S.C. 1758a), States that 
                directly certify less than the required percentage of 
                the total number of children in the State who are 
                eligible for direct certification under this paragraph;
                    ``(II) require the States identified under 
                subclause (I) to implement a continuous improvement 
                plan to fully meet the requirements of this paragraph, 
                which shall include a plan to improve direct 
                certification for the following school year; and
                    ``(III) assist the States identified under 
                subclause (I) to develop and implement a continuous 
                improvement plan in accordance with subclause (II).

                ``(iii) Failure to meet performance standard.--

                    ``(I) In general.--A State that is required to 
                develop and implement a continuous improvement plan 
                under clause (ii)(II) shall be required to submit the 
                continuous improvement plan to the Secretary, for the 
                approval of the Secretary.
                    ``(II) Requirements.--At a minimum, a continuous 
                improvement plan under subclause (I) shall include--

                        ``(aa) specific measures that the State will 
                    use to identify more children who are eligible for 
                    direct certification, including improvements or 
                    modifications to technology, information systems, 
                    or databases;
                        ``(bb) a timeline for the State to implement 
                    those measures; and
                        ``(cc) goals for the State to improve direct 
                    certification results.''.
    (c) Without Further Application.--Section 9(b)(4) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by 
subsection (b)) is amended by adding at the end the following:
            ``(G) Without further application.--
                ``(i) In general.--In this paragraph, the term `without 
            further application' means that no action is required by 
            the household of the child.
                ``(ii) Clarification.--A requirement that a household 
            return a letter notifying the household of eligibility for 
            direct certification or eligibility for free school meals 
            does not meet the requirements of clause (i).''.
    SEC. 102. CATEGORICAL ELIGIBILITY OF FOSTER CHILDREN.
    (a) Discretionary Certification.--Section 9(b)(5) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended--
        (1) in subparagraph (C), by striking ``or'' at the end;
        (2) in subparagraph (D), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
            ``(E)(i) a foster child whose care and placement is the 
        responsibility of an agency that administers a State plan under 
        part B or E of title IV of the Social Security Act (42 U.S.C. 
        621 et seq.); or
            ``(ii) a foster child who a court has placed with a 
        caretaker household.''.
    (b) Categorical Eligibility.--Section 9(b)(12)(A) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)) is 
amended--
        (1) in clause (iv), by adding ``)'' before the semicolon at the 
    end;
        (2) in clause (v), by striking ``or'' at the end;
        (3) in clause (vi), by striking the period at the end and 
    inserting ``; or''; and
        (4) by adding at the end the following:
                ``(vii)(I) a foster child whose care and placement is 
            the responsibility of an agency that administers a State 
            plan under part B or E of title IV of the Social Security 
            Act (42 U.S.C. 621 et seq.); or
                ``(II) a foster child who a court has placed with a 
            caretaker household.''.
    (c) Documentation.--Section 9(d)(2) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended--
        (1) in subparagraph (D), by striking ``or'' at the end;
        (2) in subparagraph (E), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
            ``(F)(i) documentation has been provided to the appropriate 
        local educational agency showing the status of the child as a 
        foster child whose care and placement is the responsibility of 
        an agency that administers a State plan under part B or E of 
        title IV of the Social Security Act (42 U.S.C. 621 et seq.); or
            ``(ii) documentation has been provided to the appropriate 
        local educational agency showing the status of the child as a 
        foster child who a court has placed with a caretaker 
        household.''.
    SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID 
      BENEFITS.
    (a) In General.--Section 9(b) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end 
the following:
        ``(15) Direct certification for children receiving medicaid 
    benefits.--
            ``(A) Definitions.--In this paragraph:
                ``(i) Eligible child.--The term `eligible child' means 
            a child--

                    ``(I)(aa) who is eligible for and receiving medical 
                assistance under the Medicaid program; and
                    ``(bb) who is a member of a family with an income 
                as measured by the Medicaid program before the 
                application of any expense, block, or other income 
                disregard, that does not exceed 133 percent of the 
                poverty line (as defined in section 673(2) of the 
                Community Services Block Grant Act (42 U.S.C. 9902(2), 
                including any revision required by such section)) 
                applicable to a family of the size used for purposes of 
                determining eligibility for the Medicaid program; or
                    ``(II) who is a member of a household (as that term 
                is defined in section 245.2 of title 7, Code of Federal 
                Regulations (or successor regulations) with a child 
                described in subclause (I).

                ``(ii) Medicaid program.--The term `Medicaid program' 
            means the program of medical assistance established under 
            title XIX of the Social Security Act (42 U.S.C. 1396 et 
            seq.).
            ``(B) Demonstration project.--
                ``(i) In general.--The Secretary, acting through the 
            Administrator of the Food and Nutrition Service and in 
            cooperation with selected State agencies, shall conduct a 
            demonstration project in selected local educational 
            agencies to determine whether direct certification of 
            eligible children is an effective method of certifying 
            children for free lunches and breakfasts under section 
            9(b)(1)(A) of this Act and section 4(e)(1)(A) of the Child 
            Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)(A)).
                ``(ii) Scope of project.--The Secretary shall carry out 
            the demonstration project under this subparagraph--

                    ``(I) for the school year beginning July 1, 2012, 
                in selected local educational agencies that 
                collectively serve 2.5 percent of students certified 
                for free and reduced price meals nationwide, based on 
                the most recent available data;
                    ``(II) for the school year beginning July 1, 2013, 
                in selected local educational agencies that 
                collectively serve 5 percent of students certified for 
                free and reduced price meals nationwide, based on the 
                most recent available data; and
                    ``(III) for the school year beginning July 1, 2014, 
                and each subsequent school year, in selected local 
                educational agencies that collectively serve 10 percent 
                of students certified for free and reduced price meals 
                nationwide, based on the most recent available data.

                ``(iii) Purposes of the project.--At a minimum, the 
            purposes of the demonstration project shall be--

                    ``(I) to determine the potential of direct 
                certification with the Medicaid program to reach 
                children who are eligible for free meals but not 
                certified to receive the meals;
                    ``(II) to determine the potential of direct 
                certification with the Medicaid program to directly 
                certify children who are enrolled for free meals based 
                on a household application; and
                    ``(III) to provide an estimate of the effect on 
                Federal costs and on participation in the school lunch 
                program under this Act and the school breakfast program 
                established by section 4 of the Child Nutrition Act of 
                1966 (42 U.S.C. 1773) of direct certification with the 
                Medicaid program.

                ``(iv) Cost estimate.--For each of 2 school years of 
            the demonstration project, the Secretary shall estimate the 
            cost of the direct certification of eligible children for 
            free school meals through data derived from--

                    ``(I) the school meal programs authorized under 
                this Act and the Child Nutrition Act of 1966 (42 U.S.C. 
                1771 et seq.);
                    ``(II) the Medicaid program; and
                    ``(III) interviews with a statistically 
                representative sample of households.

            ``(C) Agreement.--
                ``(i) In general.--Not later than July 1 of the first 
            school year during which a State agency will participate in 
            the demonstration project, the State agency shall enter 
            into an agreement with the 1 or more State agencies 
            conducting eligibility determinations for the Medicaid 
            program.
                ``(ii) Without further application.--Subject to 
            paragraph (6), the agreement described in subparagraph (D) 
            shall establish procedures under which an eligible child 
            shall be certified for free lunches under this Act and free 
            breakfasts under section 4 of the Child Nutrition Act of 
            1966 (42 U.S.C. 1773), without further application (as 
            defined in paragraph (4)(G)).
            ``(D) Certification.--For the school year beginning on July 
        1, 2012, and each subsequent school year, subject to paragraph 
        (6), the local educational agencies participating in the 
        demonstration project shall certify an eligible child as 
        eligible for free lunches under this Act and free breakfasts 
        under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
        without further application (as defined in paragraph (4)(G)).
            ``(E) Site selection.--
                ``(i) In general.--To be eligible to participate in the 
            demonstration project under this subsection, a State agency 
            shall submit to the Secretary an application at such time, 
            in such manner, and containing such information as the 
            Secretary may require.
                ``(ii) Considerations.--In selecting States and local 
            educational agencies for participation in the demonstration 
            project, the Secretary may take into consideration such 
            factors as the Secretary considers to be appropriate, which 
            may include--

                    ``(I) the rate of direct certification;
                    ``(II) the share of individuals who are eligible 
                for benefits under the supplemental nutrition 
                assistance program established under the Food and 
                Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) who 
                participate in the program, as determined by the 
                Secretary;
                    ``(III) the income eligibility limit for the 
                Medicaid program;
                    ``(IV) the feasibility of matching data between 
                local educational agencies and the Medicaid program;
                    ``(V) the socioeconomic profile of the State or 
                local educational agencies; and
                    ``(VI) the willingness of the State and local 
                educational agencies to comply with the requirements of 
                the demonstration project.

            ``(F) Access to data.--For purposes of conducting the 
        demonstration project under this paragraph, the Secretary shall 
        have access to--
                ``(i) educational and other records of State and local 
            educational and other agencies and institutions receiving 
            funding or providing benefits for 1 or more programs 
            authorized under this Act or the Child Nutrition Act of 
            1966 (42 U.S.C. 1771 et seq.); and
                ``(ii) income and program participation information 
            from public agencies administering the Medicaid program.
            ``(G) Report to congress.--
                ``(i) In general.--Not later than October 1, 2014, the 
            Secretary shall submit to the Committee on Education and 
            Labor of the House of Representatives and the Committee on 
            Agriculture, Nutrition, and Forestry of the Senate, an 
            interim report that describes the results of the 
            demonstration project required under this paragraph.
                ``(ii) Final report.--Not later than October 1, 2015, 
            the Secretary shall submit a final report to the committees 
            described in clause (i).
            ``(H) Funding.--
                ``(i) In general.--On October 1, 2010, out of any funds 
            in the Treasury not otherwise appropriated, the Secretary 
            of the Treasury shall transfer to the Secretary to carry 
            out subparagraph (G) $5,000,000, to remain available until 
            expended.
                ``(ii) Receipt and acceptance.--The Secretary shall be 
            entitled to receive, shall accept, and shall use to carry 
            out subparagraph (G) the funds transferred under clause 
            (i), without further appropriation.''.
    (b) Documentation.--Section 9(d)(2) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(d)(2)) (as amended by section 
102(c)) is amended--
        (1) in subparagraph (E), by striking ``or'' at the end;
        (2) in subparagraph (F)(ii), by striking the period at the end 
    and inserting ``; or''; and
        (3) by adding at the end the following:
            ``(G) documentation has been provided to the appropriate 
        local educational agency showing the status of the child as an 
        eligible child (as defined in subsection (b)(15)(A)).''.
    (c) Agreement for Direct Certification and Cooperation by State 
Medicaid Agencies.--
        (1) In general.--Section 1902(a)(7) of the Social Security Act 
    (42 U.S.C. 1396a(a)(7)) is amended to read as follows:
        ``(7) provide--
            ``(A) safeguards which restrict the use or disclosure of 
        information concerning applicants and recipients to purposes 
        directly connected with--
                ``(i) the administration of the plan; and
                ``(ii) the exchange of information necessary to certify 
            or verify the certification of eligibility of children for 
            free or reduced price breakfasts under the Child Nutrition 
            Act of 1966 and free or reduced price lunches under the 
            Richard B. Russell National School Lunch Act, in accordance 
            with section 9(b) of that Act, using data standards and 
            formats established by the State agency; and
            ``(B) that, notwithstanding the Express Lane option under 
        subsection (e)(13), the State may enter into an agreement with 
        the State agency administering the school lunch program 
        established under the Richard B. Russell National School Lunch 
        Act under which the State shall establish procedures to ensure 
        that--
                ``(i) a child receiving medical assistance under the 
            State plan under this title whose family income does not 
            exceed 133 percent of the poverty line (as defined in 
            section 673(2) of the Community Services Block Grant Act, 
            including any revision required by such section), as 
            determined without regard to any expense, block, or other 
            income disregard, applicable to a family of the size 
            involved, may be certified as eligible for free lunches 
            under the Richard B. Russell National School Lunch Act and 
            free breakfasts under the Child Nutrition Act of 1966 
            without further application; and
                ``(ii) the State agencies responsible for administering 
            the State plan under this title, and for carrying out the 
            school lunch program established under the Richard B. 
            Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
            or the school breakfast program established by section 4 of 
            the Child Nutrition Act of 1966 (42 U.S.C. 1773), cooperate 
            in carrying out paragraphs (3)(F) and (15) of section 9(b) 
            of that Act;''.
        (2) Effective date.--
            (A) In general.--Except as provided in subparagraph (B), 
        the amendments made by this subsection shall take effect on the 
        date of enactment of this Act.
            (B) Extension of effective date for state law amendment.--
        In the case of a State plan under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.) which the Secretary of 
        Health and Human Services determines requires State legislation 
        in order for the plan to meet the additional requirements 
        imposed by the amendments made by this section, the State plan 
        shall not be regarded as failing to comply with the 
        requirements of the amendments made by this section solely on 
        the basis of its failure to meet such additional requirements 
        before the first day of the first calendar quarter beginning 
        after the close of the first regular session of the State 
        legislature that begins after the date of the enactment of this 
        Act. For purposes of the previous sentence, in the case of a 
        State that has a 2-year legislative session, each year of the 
        session is considered to be a separate regular session of the 
        State legislature.
    (d) Conforming Amendments.--Section 444(b)(1) of the General 
Education Provisions Act (20 U.S.C. 1232g(b)(1)) is amended--
        (1) in subparagraph (I), by striking ``and'' at the end;
        (2) in subparagraph (J)(ii), by striking the period at the end 
    and inserting ``; and'';
        (3) by adding at the end the following:
        ``(K) the Secretary of Agriculture, or authorized 
    representative from the Food and Nutrition Service or contractors 
    acting on behalf of the Food and Nutrition Service, for the 
    purposes of conducting program monitoring, evaluations, and 
    performance measurements of State and local educational and other 
    agencies and institutions receiving funding or providing benefits 
    of 1 or more programs authorized under the Richard B. Russell 
    National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child 
    Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) for which the 
    results will be reported in an aggregate form that does not 
    identify any individual, on the conditions that--
            ``(i) any data collected under this subparagraph shall be 
        protected in a manner that will not permit the personal 
        identification of students and their parents by other than the 
        authorized representatives of the Secretary; and
            ``(ii) any personally identifiable data shall be destroyed 
        when the data are no longer needed for program monitoring, 
        evaluations, and performance measurements.''.
    SEC. 104. ELIMINATING INDIVIDUAL APPLICATIONS THROUGH COMMUNITY 
      ELIGIBILITY.
    (a) Universal Meal Service in High Poverty Areas.--
        (1) Eligibility.--Section 11(a)(1) of the Richard B. Russell 
    National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by 
    adding at the end the following:
            ``(F) Universal meal service in high poverty areas.--
                ``(i) Definition of identified students.--The term 
            `identified students' means students certified based on 
            documentation of benefit receipt or categorical eligibility 
            as described in section 245.6a(c)(2) of title 7, Code of 
            Federal Regulations (or successor regulations).
                ``(ii) Election of special assistance payments.--

                    ``(I) In general.--A local educational agency may, 
                for all schools in the district or on behalf of certain 
                schools in the district, elect to receive special 
                assistance payments under this subparagraph in lieu of 
                special assistance payments otherwise made available 
                under this paragraph based on applications for free and 
                reduced price lunches if--

                        ``(aa) during a period of 4 successive school 
                    years, the local educational agency elects to serve 
                    all children in the applicable schools free lunches 
                    and breakfasts under the school lunch program under 
                    this Act and the school breakfast program 
                    established under section 4 of the Child Nutrition 
                    Act of 1966 (42 U.S.C. 1773);
                        ``(bb) the local educational agency pays, from 
                    sources other than Federal funds, the costs of 
                    serving the lunches or breakfasts that are in 
                    excess of the value of assistance received under 
                    this Act and the Child Nutrition Act of 1966 (42 
                    U.S.C. 1771 et seq.);
                        ``(cc) the local educational agency is not a 
                    residential child care institution (as that term is 
                    used in section 210.2 of title 7, Code of Federal 
                    Regulations (or successor regulations)); and
                        ``(dd) during the school year prior to the 
                    first year of the period for which the local 
                    educational agency elects to receive special 
                    assistance payments under this subparagraph, the 
                    local educational agency or school had a percentage 
                    of enrolled students who were identified students 
                    that meets or exceeds the threshold described in 
                    clause (viii).

                    ``(II) Election to stop receiving payments.--A 
                local educational agency may, for all schools in the 
                district or on behalf of certain schools in the 
                district, elect to stop receiving special assistance 
                payments under this subparagraph for the following 
                school year by notifying the State agency not later 
                than June 30 of the current school year of the 
                intention to stop receiving special assistance payments 
                under this subparagraph.

                ``(iii) First year of option.--

                    ``(I) Special assistance payment.--For each month 
                of the first school year of the 4-year period during 
                which a school or local educational agency elects to 
                receive payments under this subparagraph, special 
                assistance payments at the rate for free meals shall be 
                made under this subparagraph for a percentage of all 
                reimbursable meals served in an amount equal to the 
                product obtained by multiplying--

                        ``(aa) the multiplier described in clause 
                    (vii); by
                        ``(bb) the percentage of identified students at 
                    the school or local educational agency as of April 
                    1 of the prior school year, up to a maximum of 100 
                    percent.

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

                ``(iv) Second, third, or fourth year of option.--

                    ``(I) Special assistance payment.--For each month 
                of the second, third, or fourth school year of the 4-
                year period during which a school or local educational 
                agency elects to receive payments under this 
                subparagraph, special assistance payments at the rate 
                for free meals shall be made under this subparagraph 
                for a percentage of all reimbursable meals served in an 
                amount equal to the product obtained by multiplying--

                        ``(aa) the multiplier described in clause 
                    (vii); by
                        ``(bb) the higher of the percentage of 
                    identified students at the school or local 
                    educational agency as of April 1 of the prior 
                    school year or the percentage of identified 
                    students at the school or local educational agency 
                    as of April 1 of the school year prior to the first 
                    year that the school or local educational agency 
                    elected to receive special assistance payments 
                    under this subparagraph, up to a maximum of 100 
                    percent.

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

                ``(v) Grace year.--

                    ``(I) In general.--If, not later than April 1 of 
                the fourth year of a 4-year period described in clause 
                (ii)(I), a school or local educational agency has a 
                percentage of enrolled students who are identified 
                students that meets or exceeds a percentage that is 10 
                percentage points lower than the threshold described in 
                clause (viii), the school or local educational agency 
                may elect to receive special assistance payments under 
                subclause (II) for an additional grace year.
                    ``(II) Special assistance payment.--For each month 
                of a grace year, special assistance payments at the 
                rate for free meals shall be made under this 
                subparagraph for a percentage of all reimbursable meals 
                served in an amount equal to the product obtained by 
                multiplying--

                        ``(aa) the multiplier described in clause 
                    (vii); by
                        ``(bb) the percentage of identified students at 
                    the school or local educational agency as of April 
                    1 of the prior school year, up to a maximum of 100 
                    percent.

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

                ``(vi) Applications.--A school or local educational 
            agency that receives special assistance payments under this 
            subparagraph may not be required to collect applications 
            for free and reduced price lunches.
                ``(vii) Multiplier.--

                    ``(I) Phase-in.--For each school year beginning on 
                or before July 1, 2013, the multiplier shall be 1.6.
                    ``(II) Full implementation.--For each school year 
                beginning on or after July 1, 2014, the Secretary may 
                use, as determined by the Secretary--

                        ``(aa) a multiplier between 1.3 and 1.6; and
                        ``(bb) subject to item (aa), a different 
                    multiplier for different schools or local 
                    educational agencies.
                ``(viii) Threshold.--

                    ``(I) Phase-in.--For each school year beginning on 
                or before July 1, 2013, the threshold shall be 40 
                percent.
                    ``(II) Full implementation.--For each school year 
                beginning on or after July 1, 2014, the Secretary may 
                use a threshold that is less than 40 percent.

                ``(ix) Phase-in.--

                    ``(I) In general.--In selecting States for 
                participation during the phase-in period, the Secretary 
                shall select States with an adequate number and variety 
                of schools and local educational agencies that could 
                benefit from the option under this subparagraph, as 
                determined by the Secretary.
                    ``(II) Limitation.--The Secretary may not approve 
                additional schools and local educational agencies to 
                receive special assistance payments under this 
                subparagraph after the Secretary has approved schools 
                and local educational agencies in--

                        ``(aa) for the school year beginning on July 1, 
                    2011, 3 States; and
                        ``(bb) for each of the school years beginning 
                    July 1, 2012 and July 1, 2013, an additional 4 
                    States per school year.
                ``(x) Election of option.--

                    ``(I) In general.--For each school year beginning 
                on or after July 1, 2014, any local educational agency 
                eligible to make the election described in clause (ii) 
                for all schools in the district or on behalf of certain 
                schools in the district may elect to receive special 
                assistance payments under clause (iii) for the next 
                school year if, not later than June 30 of the current 
                school year, the local educational agency submits to 
                the State agency the percentage of identified students 
                at the school or local educational agency.
                    ``(II) State agency notification.--Not later than 
                May 1 of each school year beginning on or after July 1, 
                2011, each State agency with schools or local 
                educational agencies that may be eligible to elect to 
                receive special assistance payments under this 
                subparagraph shall notify--

                        ``(aa) each local educational agency that meets 
                    or exceeds the threshold described in clause (viii) 
                    that the local educational agency is eligible to 
                    elect to receive special assistance payments under 
                    clause (iii) for the next 4 school years, of the 
                    blended reimbursement rate the local educational 
                    agency would receive under clause (iii), and of the 
                    procedures for the local educational agency to make 
                    the election;
                        ``(bb) each local educational agency that 
                    receives special assistance payments under clause 
                    (iii) of the blended reimbursement rate the local 
                    educational agency would receive under clause (iv);
                        ``(cc) each local educational agency in the 
                    fourth year of electing to receive special 
                    assistance payments under this subparagraph that 
                    meets or exceeds a percentage that is 10 percentage 
                    points lower than the threshold described in clause 
                    (viii) and that receives special assistance 
                    payments under clause (iv), that the local 
                    educational agency may continue to receive such 
                    payments for the next school year, of the blended 
                    reimbursement rate the local educational agency 
                    would receive under clause (v), and of the 
                    procedures for the local educational agency to make 
                    the election; and
                        ``(dd) each local educational agency that meets 
                    or exceeds a percentage that is 10 percentage 
                    points lower than the threshold described in clause 
                    (viii) that the local educational agency may be 
                    eligible to elect to receive special assistance 
                    payments under clause (iii) if the threshold 
                    described in clause (viii) is met by April 1 of the 
                    school year or if the threshold is met for a 
                    subsequent school year.

                    ``(III) Public notification of local educational 
                agencies.--Not later than May 1 of each school year 
                beginning on or after July 1, 2011, each State agency 
                with 1 or more schools or local educational agencies 
                eligible to elect to receive special assistance 
                payments under clause (iii) shall submit to the 
                Secretary, and the Secretary shall publish, lists of 
                the local educational agencies receiving notices under 
                subclause (II).
                    ``(IV) Public notification of schools.--Not later 
                than May 1 of each school year beginning on or after 
                July 1, 2011, each local educational agency in a State 
                with 1 or more schools eligible to elect to receive 
                special assistance payments under clause (iii) shall 
                submit to the State agency, and the State agency shall 
                publish--

                        ``(aa) a list of the schools that meet or 
                    exceed the threshold described in clause (viii);
                        ``(bb) a list of the schools that meet or 
                    exceed a percentage that is 10 percentage points 
                    lower than the threshold described in clause (viii) 
                    and that are in the fourth year of receiving 
                    special assistance payments under clause (iv); and
                        ``(cc) a list of the schools that meet or 
                    exceed a percentage that is 10 percentage points 
                    lower than the threshold described in clause 
                    (viii).
                ``(xi) Implementation.--

                    ``(I) Guidance.--Not later than 90 days after the 
                date of enactment of this subparagraph, the Secretary 
                shall issue guidance to implement this subparagraph.
                    ``(II) Regulations.--Not later than December 31, 
                2013, the Secretary shall promulgate regulations that 
                establish procedures for State agencies, local 
                educational agencies, and schools to meet the 
                requirements of this subparagraph, including exercising 
                the option described in this subparagraph.
                    ``(III) Publication.--If the Secretary uses the 
                authority provided in clause (vii)(II)(bb) to use a 
                different multiplier for different schools or local 
                educational agencies, for each school year beginning on 
                or after July 1, 2014, not later than April 1, 2014, 
                the Secretary shall publish on the website of the 
                Secretary a table that indicates--

                        ``(aa) each local educational agency that may 
                    elect to receive special assistance payments under 
                    clause (ii);
                        ``(bb) the blended reimbursement rate that each 
                    local educational agency would receive; and
                        ``(cc) an explanation of the methodology used 
                    to calculate the multiplier or threshold for each 
                    school or local educational agency.
                ``(xii) Report.--Not later than December 31, 2013, the 
            Secretary shall publish a report that describes--

                    ``(I) an estimate of the number of schools and 
                local educational agencies eligible to elect to receive 
                special assistance payments under this subparagraph 
                that do not elect to receive the payments;
                    ``(II) for schools and local educational agencies 
                described in subclause (I)--

                        ``(aa) barriers to participation in the special 
                    assistance option under this subparagraph, as 
                    described by the nonparticipating schools and local 
                    educational agencies; and
                        ``(bb) changes to the special assistance option 
                    under this subparagraph that would make eligible 
                    schools and local educational agencies more likely 
                    to elect to receive special assistance payments;

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

                        ``(aa) the number of schools and local 
                    educational agencies;
                        ``(bb) an estimate of the percentage of 
                    identified students and the percentage of enrolled 
                    students who were certified to receive free or 
                    reduced price meals in the school year prior to the 
                    election to receive special assistance payments 
                    under this subparagraph, and a description of how 
                    the ratio between those percentages compares to 
                    1.6;
                        ``(cc) an estimate of the number and share of 
                    schools and local educational agencies in which 
                    more than 80 percent of students are certified for 
                    free or reduced price meals that elect to receive 
                    special assistance payments under that clause; and
                        ``(dd) whether any of the schools or local 
                    educational agencies stopped electing to receive 
                    special assistance payments under this 
                    subparagraph;

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

                        ``(aa) program integrity;
                        ``(bb) whether a breakfast program is offered;
                        ``(cc) the type of breakfast program offered;
                        ``(dd) the nutritional quality of school meals; 
                    and
                        ``(ee) program participation; and

                    ``(V) the multiplier and threshold, as described in 
                clauses (vii) and (viii) respectively, that the 
                Secretary will use for each school year beginning on or 
                after July 1, 2014 and the rationale for any change in 
                the multiplier or threshold.

                ``(xiii) Funding.--

                    ``(I) In general.--On October 1, 2010, out of any 
                funds in the Treasury not otherwise appropriated, the 
                Secretary of the Treasury shall transfer to the 
                Secretary to carry out clause (xii) $5,000,000, to 
                remain available until September 30, 2014.
                    ``(II) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out clause (xii) the funds transferred under 
                subclause (I), without further appropriation.''.

        (2) Conforming amendments.--Section 11(a)(1)(B) of the Richard 
    B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(B)) is 
    amended by striking ``or (E)'' and inserting ``(E), or (F)''.
    (b) Universal Meal Service Through Census Data.--Section 11 of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is 
amended by adding at the end the following:
    ``(g) Universal Meal Service Through Census Data.--
        ``(1) In general.--To the maximum extent practicable, the 
    Secretary shall identify alternatives to--
            ``(A) the daily counting by category of meals provided by 
        school lunch programs under this Act and the school breakfast 
        program established by section 4 of the Child Nutrition Act of 
        1966 (42 U.S.C. 1773); and
            ``(B) the use of annual applications as the basis for 
        eligibility to receive free meals or reduced price meals under 
        this Act.
        ``(2) Recommendations.--
            ``(A) Considerations.--
                ``(i) In general.--In identifying alternatives under 
            paragraph (1), the Secretary shall consider the 
            recommendations of the Committee on National Statistics of 
            the National Academy of Sciences relating to use of the 
            American Community Survey of the Bureau of the Census and 
            other data sources.
                ``(ii) Socioeconomic survey.--The Secretary shall 
            consider use of a periodic socioeconomic survey of 
            households of children attending school in the school food 
            authority in not more than 3 school food authorities 
            participating in the school lunch program under this Act.
                ``(iii) Survey parameters.--The Secretary shall 
            establish requirements for the use of a socioeconomic 
            survey under clause (ii), which shall--

                    ``(I) include criteria for survey design, sample 
                frame validity, minimum level of statistical precision, 
                minimum survey response rates, frequency of data 
                collection, and other criteria as determined by the 
                Secretary;
                    ``(II) be consistent with the Standards and 
                Guidelines for Statistical Surveys, as published by the 
                Office of Management and Budget;
                    ``(III) be consistent with standards and 
                requirements that ensure proper use of Federal funds; 
                and
                    ``(IV) specify that the socioeconomic survey be 
                conducted at least once every 4 years.

            ``(B) Use of alternatives.--Alternatives described in 
        subparagraph (A) that provide accurate and effective means of 
        providing meal reimbursement consistent with the eligibility 
        status of students may be--
                ``(i) implemented for use in schools or by school food 
            authorities that agree--

                    ``(I) to serve all breakfasts and lunches to 
                students at no cost in accordance with regulations 
                issued by the Secretary; and
                    ``(II) to pay, from sources other than Federal 
                funds, the costs of serving any lunches and breakfasts 
                that are in excess of the value of assistance received 
                under this Act or the Child Nutrition Act of 1966 (42 
                U.S.C. 1771 et seq.) with respect to the number of 
                lunches and breakfasts served during the applicable 
                period; or

                ``(ii) further tested through demonstration projects 
            carried out by the Secretary in accordance with 
            subparagraph (C).
            ``(C) Demonstration projects.--
                ``(i) In general.--For the purpose of carrying out 
            demonstration projects described in subparagraph (B), the 
            Secretary may waive any requirement of this Act relating 
            to--

                    ``(I) counting of meals provided by school lunch or 
                breakfast programs;
                    ``(II) applications for eligibility for free or 
                reduced priced meals; or
                    ``(III) required direct certification under section 
                9(b)(4).

                ``(ii) Number of projects.--The Secretary shall carry 
            out demonstration projects under this paragraph in not more 
            than 5 local educational agencies for each alternative 
            model that is being tested.
                ``(iii) Limitation.--A demonstration project carried 
            out under this paragraph shall have a duration of not more 
            than 3 years.
                ``(iv) Evaluation.--The Secretary shall evaluate each 
            demonstration project carried out under this paragraph in 
            accordance with procedures established by the Secretary.
                ``(v) Requirement.--In carrying out evaluations under 
            clause (iv), the Secretary shall evaluate, using 
            comparisons with local educational agencies with similar 
            demographic characteristics--

                    ``(I) the accuracy of the 1 or more methodologies 
                adopted as compared to the daily counting by category 
                of meals provided by school meal programs under this 
                Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 
                et seq.) and the use of annual applications as the 
                basis for eligibility to receive free or reduced price 
                meals under those Acts;
                    ``(II) the effect of the 1 or more methodologies 
                adopted on participation in programs under those Acts;
                    ``(III) the effect of the 1 or more methodologies 
                adopted on administration of programs under those Acts; 
                and
                    ``(IV) such other matters as the Secretary 
                determines to be appropriate.''.

    SEC. 105. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS.
    The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended 
by adding at the end the following:
  ``SEC. 23. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS.
    ``(a) Definition of Qualifying School.--In this section, the term 
`qualifying school' means a school in severe need, as described in 
section 4(d)(1).
    ``(b) Establishment.--Subject to the availability of appropriations 
provided in advance in an appropriations Act specifically for the 
purpose of carrying out this section, the Secretary shall establish a 
program under which the Secretary shall provide grants, on a 
competitive basis, to State educational agencies for the purpose of 
providing subgrants to local educational agencies for qualifying 
schools to establish, maintain, or expand the school breakfast program 
in accordance with this section.
    ``(c) Grants to State Educational Agencies.--
        ``(1) Application.--To be eligible to receive a grant under 
    this section, a State educational agency shall submit to the 
    Secretary an application at such time, in such manner, and 
    containing such information as the Secretary may require.
        ``(2) Administration.--In carrying out this section, the 
    Secretary shall--
            ``(A) develop an appropriate competitive application 
        process; and
            ``(B) make information available to State educational 
        agencies concerning the availability of funds under this 
        section.
        ``(3) Allocation.--The amount of grants provided by the 
    Secretary to State educational agencies for a fiscal year under 
    this section shall not exceed the lesser of--
            ``(A) the product obtained by multiplying--
                ``(i) the number of qualifying schools receiving 
            subgrants or other benefits under subsection (d) for the 
            fiscal year; and
                ``(ii) the maximum amount of a subgrant provided to a 
            qualifying school under subsection (d)(4)(B); or
            ``(B) $2,000,000.
    ``(d) Subgrants to Qualifying Schools.--
        ``(1) In general.--A State educational agency receiving a grant 
    under this section shall use funds made available under the grant 
    to award subgrants to local educational agencies for a qualifying 
    school or groups of qualifying schools to carry out activities in 
    accordance with this section.
        ``(2) Priority.--In awarding subgrants under this subsection, a 
    State educational agency shall give priority to local educational 
    agencies with qualifying schools in which at least 75 percent of 
    the students are eligible for free or reduced price school lunches 
    under the school lunch program established under the Richard B. 
    Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
        ``(3) State and district training and technical support.--A 
    local educational agency or State educational agency may allocate a 
    portion of each subgrant to provide training and technical 
    assistance to the staff of qualifying schools to carry out the 
    purposes of this section.
        ``(4) Amount; term.--
            ``(A) In general.--Except as otherwise provided in this 
        paragraph, a subgrant provided by a State educational agency to 
        a local educational agency or qualifying school under this 
        section shall be in such amount, and shall be provided for such 
        term, as the State educational agency determines appropriate.
            ``(B) Maximum amount.--The amount of a subgrant provided by 
        a State educational agency to a local educational agency for a 
        qualifying school or a group of qualifying schools under this 
        subsection shall not exceed $10,000 for each school year.
            ``(C) Maximum grant term.--A local educational agency or 
        State educational agency shall not provide subgrants to a 
        qualifying school under this subsection for more than 2 fiscal 
        years.
    ``(e) Best Practices.--
        ``(1) In general.--Prior to awarding grants under this section, 
    the Secretary shall make available to State educational agencies 
    information regarding the most effective mechanisms by which to 
    increase school breakfast participation among eligible children at 
    qualifying schools.
        ``(2) Preference.--In awarding subgrants under this section, a 
    State educational agency shall give preference to local educational 
    agencies for qualifying schools or groups of qualifying schools 
    that have adopted, or provide assurances that the subgrant funds 
    will be used to adopt, the most effective mechanisms identified by 
    the Secretary under paragraph (1).
    ``(f) Use of Funds.--
        ``(1) In general.--A qualifying school may use a grant provided 
    under this section--
            ``(A) to establish, promote, or expand a school breakfast 
        program of the qualifying school under this section, which 
        shall include a nutritional education component;
            ``(B) to extend the period during which school breakfast is 
        available at the qualifying school;
            ``(C) to provide school breakfast to students of the 
        qualifying school during the school day; or
            ``(D) for other appropriate purposes, as determined by the 
        Secretary.
        ``(2) Requirement.--Each activity of a qualifying school under 
    this subsection shall be carried out in accordance with applicable 
    nutritional guidelines and regulations issued by the Secretary.
    ``(g) Maintenance of Effort.--Grants made available under this 
section shall not diminish or otherwise affect the expenditure of funds 
from State and local sources for the maintenance of the school 
breakfast program.
    ``(h) Reports.--Not later than 18 months following the end of a 
school year during which subgrants are awarded under this section, the 
Secretary shall submit to Congress a report describing the activities 
of the qualifying schools awarded subgrants.
    ``(i) Evaluation.--Not later than 180 days before the end of a 
grant term under this section, a local educational agency that receives 
a subgrant under this section shall--
        ``(1) evaluate whether electing to provide universal free 
    breakfasts under the school breakfast program in accordance with 
    Provision 2 as established under subsections (b) through (k) of 
    section 245.9 of title 7, Code of Federal Regulations (or successor 
    regulations), would be cost-effective for the qualified schools 
    based on estimated administrative savings and economies of scale; 
    and
        ``(2) submit the results of the evaluation to the State 
    educational agency.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2010 through 2015.''.

                Subtitle B--Summer Food Service Program

    SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC AND PRIVATE 
      SPONSORS.
    Section 13(a) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1761(a)) is amended by striking paragraph (7) and inserting 
the following:
        ``(7) Private nonprofit organizations.--
            ``(A) Definition of private nonprofit organization.--In 
        this paragraph, the term `private nonprofit organization' means 
        an organization that--
                ``(i) exercises full control and authority over the 
            operation of the program at all sites under the sponsorship 
            of the organization;
                ``(ii) provides ongoing year-round activities for 
            children or families;
                ``(iii) demonstrates that the organization has adequate 
            management and the fiscal capacity to operate a program 
            under this section;
                ``(iv) is an organization described in section 501(c) 
            of the Internal Revenue Code of 1986 and exempt from 
            taxation under 501(a) of that Code; and
                ``(v) meets applicable State and local health, safety, 
            and sanitation standards.
            ``(B) Eligibility.--Private nonprofit organizations (other 
        than organizations eligible under paragraph (1)) shall be 
        eligible for the program under the same terms and conditions as 
        other service institutions.''.
    SEC. 112. OUTREACH TO ELIGIBLE FAMILIES.
    Section 13(a) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1761(a)) is amended by adding at the end the following:
        ``(11) Outreach to eligible families.--
            ``(A) In general.--The Secretary shall require each State 
        agency that administers the national school lunch program under 
        this Act to ensure that, to the maximum extent practicable, 
        school food authorities participating in the school lunch 
        program under this Act cooperate with participating service 
        institutions to distribute materials to inform families of--
                ``(i) the availability and location of summer food 
            service program meals; and
                ``(ii) the availability of reimbursable breakfasts 
            served under the school breakfast program established by 
            section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
            1773).
            ``(B) Inclusions.--Informational activities carried out 
        under subparagraph (A) may include--
                ``(i) the development or dissemination of printed 
            materials, to be distributed to all school children or the 
            families of school children prior to the end of the school 
            year, that inform families of the availability and location 
            of summer food service program meals;
                ``(ii) the development or dissemination of materials, 
            to be distributed using electronic means to all school 
            children or the families of school children prior to the 
            end of the school year, that inform families of the 
            availability and location of summer food service program 
            meals; and
                ``(iii) such other activities as are approved by the 
            applicable State agency to promote the availability and 
            location of summer food service program meals to school 
            children and the families of school children.
            ``(C) Multiple state agencies.--If the State agency 
        administering the program under this section is not the same 
        State agency that administers the school lunch program under 
        this Act, the 2 State agencies shall work cooperatively to 
        implement this paragraph.''.
    SEC. 113. SUMMER FOOD SERVICE SUPPORT GRANTS.
    Section 13(a) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1761(a)) (as amended by section 112) is amended by adding at 
the end the following:
        ``(12) Summer food service support grants.--
            ``(A) In general.--The Secretary shall use funds made 
        available to carry out this paragraph to award grants on a 
        competitive basis to State agencies to provide to eligible 
        service institutions--
                ``(i) technical assistance;
                ``(ii) assistance with site improvement costs; or
                ``(iii) other innovative activities that improve and 
            encourage sponsor retention.
            ``(B) Eligibility.--To be eligible to receive a grant under 
        this paragraph, a State agency shall submit an application to 
        the Secretary in such manner, at such time, and containing such 
        information as the Secretary may require.
            ``(C) Priority.--In making grants under this paragraph, the 
        Secretary shall give priority to--
                ``(i) applications from States with significant low-
            income child populations; and
                ``(ii) State plans that demonstrate innovative 
            approaches to retain and support summer food service 
            programs after the expiration of the start-up funding 
            grants.
            ``(D) Use of funds.--A State and eligible service 
        institution may use funds made available under this paragraph 
        to pay for such costs as the Secretary determines are necessary 
        to establish and maintain summer food service programs.
            ``(E) Reallocation.--The Secretary may reallocate any 
        amounts made available to carry out this paragraph that are not 
        obligated or expended, as determined by the Secretary.
            ``(F) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this paragraph $20,000,000 for 
        fiscal years 2011 through 2015.''.

             Subtitle C--Child and Adult Care Food Program

    SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINATIONS IN THE CHILD 
      AND ADULT CARE FOOD PROGRAM.
    Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)(bb)) is amended by 
striking ``elementary''.
    SEC. 122. EXPANSION OF AFTERSCHOOL MEALS FOR AT-RISK CHILDREN.
    Section 17(r) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1766(r)) is amended by striking paragraph (5) and inserting 
the following:
        ``(5) Limitation.--An institution participating in the program 
    under this subsection may not claim reimbursement for meals and 
    snacks that are served under section 18(h) on the same day.
        ``(6) Handbook.--
            ``(A) In general.--Not later than 180 days after the date 
        of enactment of the Healthy, Hunger-Free Kids Act of 2010, the 
        Secretary shall--
                ``(i) issue guidelines for afterschool meals for at-
            risk school children; and
                ``(ii) publish a handbook reflecting those guidelines.
            ``(B) Review.--Each year after the issuance of guidelines 
        under subparagraph (A), the Secretary shall--
                ``(i) review the guidelines; and
                ``(ii) issue a revised handbook reflecting changes made 
            to the guidelines.''.

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

    SEC. 131. CERTIFICATION PERIODS.
    Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(d)(3)(A)) is amended by adding at the end the following:
                ``(iii) Children.--A State may elect to certify 
            participant children for a period of up to 1 year, if the 
            State electing the option provided under this clause 
            ensures that participant children receive required health 
            and nutrition assessments.''.

                       Subtitle E--Miscellaneous

    SEC. 141. CHILDHOOD HUNGER RESEARCH.
    The Richard B. Russell National School Lunch Act is amended by 
inserting after section 22 (42 U.S.C. 1769c) the following:
  ``SEC. 23. CHILDHOOD HUNGER RESEARCH.
    ``(a) Research on Causes and Consequences of Childhood Hunger.--
        ``(1) In general.--The Secretary shall conduct research on--
            ``(A) the causes of childhood hunger and food insecurity;
            ``(B) the characteristics of households with childhood 
        hunger and food insecurity; and
            ``(C) the consequences of childhood hunger and food 
        insecurity.
        ``(2) Authority.--In carrying out research under paragraph (1), 
    the Secretary may--
            ``(A) enter into competitively awarded contracts or 
        cooperative agreements; or
            ``(B) provide grants to States or public or private 
        agencies or organizations, as determined by the Secretary.
        ``(3) Application.--To be eligible to enter into a contract or 
    cooperative agreement or receive a grant under this subsection, a 
    State or public or private agency or organization shall submit to 
    the Secretary an application at such time, in such manner, and 
    containing such information as the Secretary shall require.
        ``(4) Areas of inquiry.--The Secretary shall design the 
    research program to advance knowledge and understanding of 
    information on the issues described in paragraph (1), such as--
            ``(A) economic, health, social, cultural, demographic, and 
        other factors that contribute to childhood hunger or food 
        insecurity;
            ``(B) the geographic distribution of childhood hunger and 
        food insecurity;
            ``(C) the extent to which--
                ``(i) existing Federal assistance programs, including 
            the Internal Revenue Code of 1986, reduce childhood hunger 
            and food insecurity; and
                ``(ii) childhood hunger and food insecurity persist due 
            to--

                    ``(I) gaps in program coverage;
                    ``(II) the inability of potential participants to 
                access programs; or
                    ``(III) the insufficiency of program benefits or 
                services;

            ``(D) the public health and medical costs of childhood 
        hunger and food insecurity;
            ``(E) an estimate of the degree to which the Census Bureau 
        measure of food insecurity underestimates childhood hunger and 
        food insecurity because the Census Bureau excludes certain 
        households, such as homeless, or other factors;
            ``(F) the effects of childhood hunger on child development, 
        well-being, and educational attainment; and
            ``(G) such other critical outcomes as are determined by the 
        Secretary.
        ``(5) Funding.--
            ``(A) In general.--On October 1, 2012, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        subsection $10,000,000, to remain available until expended.
            ``(B) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this subsection the funds transferred under subparagraph (A), 
        without further appropriation.
    ``(b) Demonstration Projects To End Childhood Hunger.--
        ``(1) Definitions.--In this subsection:
            ``(A) Child.--The term `child' means a person under the age 
        of 18.
            ``(B) Supplemental nutrition assistance program.--The term 
        `supplemental nutrition assistance program' means the 
        supplemental nutrition assistance program established under the 
        Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
        ``(2) Purpose.--Under such terms and conditions as are 
    established by the Secretary, the Secretary shall carry out 
    demonstration projects that test innovative strategies to end 
    childhood hunger, including alternative models for service delivery 
    and benefit levels that promote the reduction or elimination of 
    childhood hunger and food insecurity.
        ``(3) Projects.--Demonstration projects carried out under this 
    subsection may include projects that--
            ``(A) enhance benefits provided under the supplemental 
        nutrition assistance program for eligible households with 
        children;
            ``(B) enhance benefits or provide for innovative program 
        delivery models in the school meals, afterschool snack, and 
        child and adult care food programs under this Act and the Child 
        Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
            ``(C) target Federal, State, or local assistance, including 
        emergency housing or family preservation services, at 
        households with children who are experiencing hunger or food 
        insecurity, to the extent permitted by the legal authority 
        establishing those assistance programs and services.
        ``(4) Grants.--
            ``(A) Demonstration projects.--
                ``(i) In general.--In carrying out this subsection, the 
            Secretary may enter into competitively awarded contracts or 
            cooperative agreements with, or provide grants to, public 
            or private organizations or agencies (as determined by the 
            Secretary), for use in accordance with demonstration 
            projects that meet the purposes of this subsection.
                ``(ii) Requirement.--At least 1 demonstration project 
            funded under this subsection shall be carried out on an 
            Indian reservation in a rural area with a service 
            population with a prevalence of diabetes that exceeds 15 
            percent, as determined by the Director of the Indian Health 
            Service.
            ``(B) Application.--To be eligible to receive a contract, 
        cooperative agreement, or grant under this subsection, an 
        organization or agency shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(C) Selection criteria.--Demonstration projects shall be 
        selected based on publicly disseminated criteria that may 
        include--
                ``(i) an identification of a low-income target group 
            that reflects individuals experiencing hunger or food 
            insecurity;
                ``(ii) a commitment to a demonstration project that 
            allows for a rigorous outcome evaluation as described in 
            paragraph (6);
                ``(iii) a focus on innovative strategies to reduce the 
            risk of childhood hunger or provide a significant 
            improvement to the food security status of households with 
            children; and
                ``(iv) such other criteria as are determined by the 
            Secretary.
        ``(5) Consultation.--In determining the range of projects and 
    defining selection criteria under this subsection, the Secretary 
    shall consult with--
            ``(A) the Secretary of Health and Human Services;
            ``(B) the Secretary of Labor; and
            ``(C) the Secretary of Housing and Urban Development.
        ``(6) Evaluation and reporting.--
            ``(A) Independent evaluation.--The Secretary shall provide 
        for an independent evaluation of each demonstration project 
        carried out under this subsection that--
                ``(i) measures the impact of each demonstration project 
            on appropriate participation, food security, nutrition, and 
            associated behavioral outcomes among participating 
            households; and
                ``(ii) uses rigorous experimental designs and 
            methodologies, particularly random assignment or other 
            methods that are capable of producing scientifically valid 
            information regarding which activities are effective in 
            reducing the prevalence or preventing the incidence of food 
            insecurity and hunger in the community, especially among 
            children.
            ``(B) Reporting.--Not later than December 31, 2013 and each 
        December 31 thereafter until the date on which the last 
        evaluation under subparagraph (A) is completed, the Secretary 
        shall--
                ``(i) submit to the Committee on Agriculture and the 
            Committee on Education and Labor of the House of 
            Representatives and the Committee on Agriculture, 
            Nutrition, and Forestry of the Senate a report that 
            includes a description of--

                    ``(I) the status of each demonstration project; and
                    ``(II) the results of any evaluations of the 
                demonstration projects completed during the previous 
                fiscal year; and

                ``(ii) ensure that the evaluation results are shared 
            broadly to inform policy makers, service providers, other 
            partners, and the public in order to promote the wide use 
            of successful strategies.
        ``(7) Funding.--
            ``(A) In general.--On October 1, 2012, out of any funds in 
        the Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        subsection $40,000,000, to remain available until September 30, 
        2017.
            ``(B) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this subsection the funds transferred under subparagraph (A), 
        without further appropriation.
            ``(C) Use of funds.--
                ``(i) In general.--Funds made available under 
            subparagraph (A) may be used to carry out this subsection, 
            including to pay Federal costs associated with developing, 
            soliciting, awarding, monitoring, evaluating, and 
            disseminating the results of each demonstration project 
            under this subsection.
                ``(ii) Indian reservations.--Of amounts made available 
            under subparagraph (A), the Secretary shall use a portion 
            of the amounts to carry out research relating to hunger, 
            obesity and type 2 diabetes on Indian reservations, 
            including research to determine the manner in which Federal 
            nutrition programs can help to overcome those problems.
                ``(iii) Report.--Not later than 1 year after the date 
            of enactment of this section, the Secretary shall submit to 
            the Committee on Agriculture of the House of 
            Representatives and the Committee on Agriculture, 
            Nutrition, and Forestry of the Senate a report that--

                    ``(I) describes the manner in which Federal 
                nutrition programs can help to overcome child hunger 
                nutrition problems on Indian reservations; and
                    ``(II) contains proposed administrative and 
                legislative recommendations to strengthen and 
                streamline all relevant Department of Agriculture 
                nutrition programs to reduce childhood hunger, obesity, 
                and type 2 diabetes on Indian reservations.

            ``(D) Limitations.--
                ``(i) Duration.--No project may be funded under this 
            subsection for more than 5 years.
                ``(ii) Project requirements.--No project that makes use 
            of, alters, or coordinates with the supplemental nutrition 
            assistance program may be funded under this subsection 
            unless the project is fully consistent with the project 
            requirements described in section 17(b)(1)(B) of the Food 
            and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)).
                ``(iii) Hunger-free communities.--No project may be 
            funded under this subsection that receives funding under 
            section 4405 of the Food, Conservation, and Energy Act of 
            2008 (7 U.S.C. 7517).
                ``(iv) Other benefits.--Funds made available under this 
            subsection may not be used for any project in a manner that 
            is inconsistent with--

                    ``(I) this Act;
                    ``(II) the Child Nutrition Act of 1966 (42 U.S.C. 
                1771 et seq.);
                    ``(III) the Food and Nutrition Act of 2008 (7 
                U.S.C. 2011 et seq.); or
                    ``(IV) the Emergency Food Assistance Act of 1983 (7 
                U.S.C. 7501 et seq.).''.

    SEC. 142. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.
    The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 
seq.) is amended by inserting after section 23 (as added by section 
141) the following:
  ``SEC. 24. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.
    ``(a) Definitions.--In this section:
        ``(1) Child.--The term `child' means a person under the age of 
    18.
        ``(2) Supplemental nutrition assistance program.--The term 
    `supplemental nutrition assistance program' means the supplemental 
    nutrition assistance program established under the Food and 
    Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
    ``(b) Purpose.--Under such terms and conditions as are established 
by the Secretary, funds made available under this section may be used 
to competitively award grants to or enter into cooperative agreements 
with Governors to carry out comprehensive and innovative strategies to 
end childhood hunger, including alternative models for service delivery 
and benefit levels that promote the reduction or elimination of 
childhood hunger by 2015.
    ``(c) Projects.--State demonstration projects carried out under 
this section may include projects that--
        ``(1) enhance benefits provided under the supplemental 
    nutrition assistance program for eligible households with children;
        ``(2) enhance benefits or provide for innovative program 
    delivery models in the school meals, afterschool snack, and child 
    and adult care food programs under this Act and the Child Nutrition 
    Act of 1966 (42 U.S.C. 1771 et seq.);
        ``(3) target Federal, State, or local assistance, including 
    emergency housing, family preservation services, child care, or 
    temporary assistance at households with children who are 
    experiencing hunger or food insecurity, to the extent permitted by 
    the legal authority establishing those assistance programs and 
    services;
        ``(4) enhance outreach to increase access and participation in 
    Federal nutrition assistance programs; and
        ``(5) improve the coordination of Federal, State, and community 
    resources and services aimed at preventing food insecurity and 
    hunger, including through the establishment and expansion of State 
    food policy councils.
    ``(d) Grants.--
        ``(1) In general.--In carrying out this section, the Secretary 
    may competitively award grants or enter into competitively awarded 
    cooperative agreements with Governors for use in accordance with 
    demonstration projects that meet the purposes of this section.
        ``(2) Application.--To be eligible to receive a grant or 
    cooperative agreement under this section, a Governor shall submit 
    to the Secretary an application at such time, in such manner, and 
    containing such information as the Secretary may require.
        ``(3) Selection criteria.--The Secretary shall evaluate 
    proposals based on publicly disseminated criteria that may 
    include--
            ``(A) an identification of a low-income target group that 
        reflects individuals experiencing hunger or food insecurity;
            ``(B) a commitment to approaches that allow for a rigorous 
        outcome evaluation as described in subsection (f);
            ``(C) a comprehensive and innovative strategy to reduce the 
        risk of childhood hunger or provide a significant improvement 
        to the food security status of households with children; and
            ``(D) such other criteria as are determined by the 
        Secretary.
        ``(4) Requirements.--Any project funded under this section 
    shall provide for--
            ``(A) a baseline assessment, and subsequent annual 
        assessments, of the prevalence and severity of very low food 
        security among children in the State, based on a methodology 
        prescribed by the Secretary;
            ``(B) a collaborative planning process including key 
        stakeholders in the State that results in a comprehensive 
        agenda to eliminate childhood hunger that is--
                ``(i) described in a detailed project plan; and
                ``(ii) provided to the Secretary for approval;
            ``(C) an annual budget;
            ``(D) specific performance goals, including the goal to 
        sharply reduce or eliminate food insecurity among children in 
        the State by 2015, as determined through a methodology 
        prescribed by the Secretary and carried out by the Governor; 
        and
            ``(E) an independent outcome evaluation of not less than 1 
        major strategy of the project that measures--
                ``(i) the specific impact of the strategy on food 
            insecurity among children in the State; and
                ``(ii) if applicable, the nutrition assistance 
            participation rate among children in the State.
    ``(e) Consultation.--In determining the range of projects and 
defining selection criteria under this section, the Secretary shall 
consult with--
        ``(1) the Secretary of Health and Human Services;
        ``(2) the Secretary of Labor;
        ``(3) the Secretary of Education; and
        ``(4) the Secretary of Housing and Urban Development.
    ``(f) Evaluation and Reporting.--
        ``(1) General performance assessment.--Each project authorized 
    under this section shall require an independent assessment that--
            ``(A) measures the impact of any activities carried out 
        under the project on the level of food insecurity in the State 
        that--
                ``(i) focuses particularly on the level of food 
            insecurity among children in the State; and
                ``(ii) includes a preimplementation baseline and annual 
            measurements taken during the project of the level of food 
            insecurity in the State; and
            ``(B) is carried out using a methodology prescribed by the 
        Secretary.
        ``(2) Independent evaluation.--Each project authorized under 
    this section shall provide for an independent evaluation of not 
    less than 1 major strategy that--
            ``(A) measures the impact of the strategy on appropriate 
        participation, food security, nutrition, and associated 
        behavioral outcomes among participating households; and
            ``(B) uses rigorous experimental designs and methodologies, 
        particularly random assignment or other methods that are 
        capable of producing scientifically valid information regarding 
        which activities are effective in reducing the prevalence or 
        preventing the incidence of food insecurity and hunger in the 
        community, especially among children.
        ``(3) Reporting.--Not later than December 31, 2011 and each 
    December 31 thereafter until the date on which the last evaluation 
    under paragraph (1) is completed, the Secretary shall--
            ``(A) submit to the Committee on Agriculture and the 
        Committee on Education and Labor of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry of the Senate a report that includes a description 
        of--
                ``(i) the status of each State demonstration project; 
            and
                ``(ii) the results of any evaluations of the 
            demonstration projects completed during the previous fiscal 
            year; and
            ``(B) ensure that the evaluation results are shared broadly 
        to inform policy makers, service providers, other partners, and 
        the public in order to promote the wide use of successful 
        strategies.
    ``(g) Authorization of Appropriations.--
        ``(1) In general.--There are authorized to be appropriated to 
    carry out this section such sums as are necessary for each of 
    fiscal years 2011 through 2014, to remain available until expended.
        ``(2) Use of funds.--Funds made available under paragraph (1) 
    may be used to carry out this section, including to pay Federal 
    costs associated with developing, soliciting, awarding, monitoring, 
    evaluating, and disseminating the results of each demonstration 
    project under this section.
        ``(3) Limitations.--
            ``(A) Duration.--No project may be funded under this 
        section for more than 5 years.
            ``(B) Performance basis.--Funds provided under this section 
        shall be made available to each Governor on an annual basis, 
        with the amount of funds provided for each year contingent on 
        the satisfactory implementation of the project plan and 
        progress towards the performance goals defined in the project 
        year plan.
            ``(C) Altering nutrition assistance program requirements.--
        No project that makes use of, alters, or coordinates with the 
        supplemental nutrition assistance program may be funded under 
        this section unless the project is fully consistent with the 
        project requirements described in section 17(b)(1)(B) of the 
        Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)).
            ``(D) Other benefits.--Funds made available under this 
        section may not be used for any project in a manner that is 
        inconsistent with--
                ``(i) this Act;
                ``(ii) the Child Nutrition Act of 1966 (42 U.S.C. 1771 
            et seq.);
                ``(iii) the Food and Nutrition Act of 2008 (7 U.S.C. 
            2011 et seq.); or
                ``(iv) the Emergency Food Assistance Act of 1983 (7 
            U.S.C. 7501 et seq.).''.
    SEC. 143. REVIEW OF LOCAL POLICIES ON MEAL CHARGES AND PROVISION OF 
      ALTERNATE MEALS.
    (a) In General.--
        (1) Review.--The Secretary, in conjunction with States and 
    participating local educational agencies, shall examine the current 
    policies and practices of States and local educational agencies 
    regarding extending credit to children to pay the cost to the 
    children of reimbursable school lunches and breakfasts.
        (2) Scope.--The examination under paragraph (1) shall include 
    the policies and practices in effect as of the date of enactment of 
    this Act relating to providing to children who are without funds a 
    meal other than the reimbursable meals.
        (3) Feasibility.--In carrying out the examination under 
    paragraph (1), the Secretary shall--
            (A) prepare a report on the feasibility of establishing 
        national standards for meal charges and the provision of 
        alternate meals; and
            (B) provide recommendations for implementing those 
        standards.
    (b) Followup Actions.--
        (1) In general.--Based on the findings and recommendations 
    under subsection (a), the Secretary may--
            (A) implement standards described in paragraph (3) of that 
        subsection through regulation;
            (B) test recommendations through demonstration projects; or
            (C) study further the feasibility of recommendations.
        (2) Factors for consideration.--In determining how best to 
    implement recommendations described in subsection (a)(3), the 
    Secretary shall consider such factors as--
            (A) the impact of overt identification on children;
            (B) the manner in which the affected households will be 
        provided with assistance in establishing eligibility for free 
        or reduced price school meals; and
            (C) the potential financial impact on local educational 
        agencies.

    TITLE II--REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS OF 
                                CHILDREN
               Subtitle A--National School Lunch Program

    SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE INCREASES FOR NEW 
      MEAL PATTERNS.
    Section 4(b) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1753(b)) is amended by adding at the end the following:
        ``(3) Additional reimbursement.--
            ``(A) Regulations.--
                ``(i) Proposed regulations.--Notwithstanding section 
            9(f), not later than 18 months after the date of enactment 
            of this paragraph, the Secretary shall promulgate proposed 
            regulations to update the meal patterns and nutrition 
            standards for the school lunch program authorized under 
            this Act and the school breakfast program established by 
            section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
            1773) based on recommendations made by the Food and 
            Nutrition Board of the National Research Council of the 
            National Academy of Sciences.
                ``(ii) Interim or final regulations.--

                    ``(I) In general.--Not later than 18 months after 
                promulgation of the proposed regulations under clause 
                (i), the Secretary shall promulgate interim or final 
                regulations.
                    ``(II) Date of required compliance.--The Secretary 
                shall establish in the interim or final regulations a 
                date by which all school food authorities participating 
                in the school lunch program authorized under this Act 
                and the school breakfast program established by section 
                4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 
                are required to comply with the meal pattern and 
                nutrition standards established in the interim or final 
                regulations.

                ``(iii) Report to congress.--Not later than 90 days 
            after the date of enactment of this paragraph, and each 90 
            days thereafter until the Secretary has promulgated interim 
            or final regulations under clause (ii), the Secretary shall 
            submit to the Committee on Education and Labor of the House 
            of Representatives and the Committee on Agriculture, 
            Nutrition, and Forestry of the Senate a quarterly report on 
            progress made toward promulgation of the regulations 
            described in this subparagraph.
            ``(B) Performance-based reimbursement rate increase.--
        Beginning on the later of the date of promulgation of the 
        implementing regulations described in subparagraph (A)(ii), the 
        date of enactment of this paragraph, or October 1, 2012, the 
        Secretary shall provide additional reimbursement for each lunch 
        served in school food authorities determined to be eligible 
        under subparagraph (D).
            ``(C) Additional reimbursement.--
                ``(i) In general.--Each lunch served in school food 
            authorities determined to be eligible under subparagraph 
            (D) shall receive an additional 6 cents, adjusted in 
            accordance with section 11(a)(3), to the national lunch 
            average payment for each lunch served.
                ``(ii) Disbursement.--The State agency shall disburse 
            funds made available under this paragraph to school food 
            authorities eligible to receive additional reimbursement.
            ``(D) Eligible school food authority.--To be eligible to 
        receive an additional reimbursement described in this 
        paragraph, a school food authority shall be certified by the 
        State to be in compliance with the interim or final regulations 
        described in subparagraph (A)(ii).
            ``(E) Failure to comply.--Beginning on the later of the 
        date described in subparagraph (A)(ii)(II), the date of 
        enactment of this paragraph, or October 1, 2012, school food 
        authorities found to be out of compliance with the meal 
        patterns or nutrition standards established by the implementing 
        regulations shall not receive the additional reimbursement for 
        each lunch served described in this paragraph.
            ``(F) Administrative costs.--
                ``(i) In general.--Subject to clauses (ii) and (iii), 
            the Secretary shall make funds available to States for 
            State activities related to training, technical assistance, 
            certification, and oversight activities of this paragraph.
                ``(ii) Provision of funds.--The Secretary shall provide 
            funds described in clause (i) to States administering a 
            school lunch program in a manner proportional to the 
            administrative expense allocation of each State during the 
            preceding fiscal year.
                ``(iii) Funding.--

                    ``(I) In general.--In the later of the fiscal year 
                in which the implementing regulations described in 
                subparagraph (A)(ii) are promulgated or the fiscal year 
                in which this paragraph is enacted, and in the 
                subsequent fiscal year, the Secretary shall use not 
                more than $50,000,000 of funds made available under 
                section 3 to make payments to States described in 
                clause (i).
                    ``(II) Reservation.--In providing funds to States 
                under clause (i), the Secretary may reserve not more 
                than $3,000,000 per fiscal year to support Federal 
                administrative activities to carry out this 
                paragraph.''.

    SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK.
    Section 9(a)(2)(A) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(a)(2)(A)) is amended by striking clause (i) and 
inserting the following:
                ``(i) shall offer students a variety of fluid milk. 
            Such milk shall be consistent with the most recent Dietary 
            Guidelines for Americans published under section 301 of the 
            National Nutrition Monitoring and Related Research Act of 
            1990 (7 U.S.C. 5341);''.
    SEC. 203. WATER.
    Section 9(a) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(a)) is amended by adding at the end the following:
        ``(5) Water.--Schools participating in the school lunch program 
    under this Act shall make available to children free of charge, as 
    nutritionally appropriate, potable water for consumption in the 
    place where meals are served during meal service.''.
    SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTATION.
    (a) In General.--The Richard B. Russell National School Lunch Act 
is amended by inserting after section 9 (42 U.S.C. 1758) the following:
  ``SEC. 9A. LOCAL SCHOOL WELLNESS POLICY.
    ``(a) In General.--Each local educational agency participating in a 
program authorized by this Act or the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) shall establish a local school wellness policy for 
all schools under the jurisdiction of the local educational agency.
    ``(b) Guidelines.--The Secretary shall promulgate regulations that 
provide the framework and guidelines for local educational agencies to 
establish local school wellness policies, including, at a minimum,--
        ``(1) goals for nutrition promotion and education, physical 
    activity, and other school-based activities that promote student 
    wellness;
        ``(2) for all foods available on each school campus under the 
    jurisdiction of the local educational agency during the school day, 
    nutrition guidelines that--
            ``(A) are consistent with sections 9 and 17 of this Act, 
        and sections 4 and 10 of the Child Nutrition Act of 1966 (42 
        U.S.C. 1773, 1779); and
            ``(B) promote student health and reduce childhood obesity;
        ``(3) a requirement that the local educational agency permit 
    parents, students, representatives of the school food authority, 
    teachers of physical education, school health professionals, the 
    school board, school administrators, and the general public to 
    participate in the development, implementation, and periodic review 
    and update of the local school wellness policy;
        ``(4) a requirement that the local educational agency inform 
    and update the public (including parents, students, and others in 
    the community) about the content and implementation of the local 
    school wellness policy; and
        ``(5) a requirement that the local educational agency--
            ``(A) periodically measure and make available to the public 
        an assessment on the implementation of the local school 
        wellness policy, including--
                ``(i) the extent to which schools under the 
            jurisdiction of the local educational agency are in 
            compliance with the local school wellness policy;
                ``(ii) the extent to which the local school wellness 
            policy of the local educational agency compares to model 
            local school wellness policies; and
                ``(iii) a description of the progress made in attaining 
            the goals of the local school wellness policy; and
            ``(B) designate 1 or more local educational agency 
        officials or school officials, as appropriate, to ensure that 
        each school complies with the local school wellness policy.
    ``(c) Local Discretion.--The local educational agency shall use the 
guidelines promulgated by the Secretary under subsection (b) to 
determine specific policies appropriate for the schools under the 
jurisdiction of the local educational agency.
    ``(d) Technical Assistance and Best Practices.--
        ``(1) In general.--The Secretary, in consultation with the 
    Secretary of Education and the Secretary of Health and Human 
    Services, acting through the Centers for Disease Control and 
    Prevention, shall provide information and technical assistance to 
    local educational agencies, school food authorities, and State 
    educational agencies for use in establishing healthy school 
    environments that are intended to promote student health and 
    wellness.
        ``(2) Content.--The Secretary shall provide technical 
    assistance that--
            ``(A) includes resources and training on designing, 
        implementing, promoting, disseminating, and evaluating local 
        school wellness policies and overcoming barriers to the 
        adoption of local school wellness policies;
            ``(B) includes model local school wellness policies and 
        best practices recommended by Federal agencies, State agencies, 
        and nongovernmental organizations;
            ``(C) includes such other technical assistance as is 
        required to promote sound nutrition and establish healthy 
        school nutrition environments; and
            ``(D) is consistent with the specific needs and 
        requirements of local educational agencies.
        ``(3) Study and report.--
            ``(A) In general.--Subject to the availability of 
        appropriations, the Secretary, in conjunction with the Director 
        of the Centers for Disease Control and Prevention, shall 
        prepare a report on the implementation, strength, and 
        effectiveness of the local school wellness policies carried out 
        in accordance with this section.
            ``(B) Study of local school wellness policies.--The study 
        described in subparagraph (A) shall include----
                ``(i) an analysis of the strength and weaknesses of 
            local school wellness policies and how the policies compare 
            with model local wellness policies recommended under 
            paragraph (2)(B); and
                ``(ii) an assessment of the impact of the local school 
            wellness policies in addressing the requirements of 
            subsection (b).
            ``(C) Report.--Not later than January 1, 2014, the 
        Secretary shall submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate a report 
        that describes the findings of the study.
            ``(D) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this paragraph 
        $3,000,000 for fiscal year 2011, to remain available until 
        expended.''.
    (b) Repeal.--Section 204 of the Child Nutrition and WIC 
Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108-265) 
is repealed.
    SEC. 205. EQUITY IN SCHOOL LUNCH PRICING.
    Section 12 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) is amended by adding at the end the following:
    ``(p) Price for a Paid Lunch.--
        ``(1) Definition of paid lunch.--In this subsection, the term 
    `paid lunch' means a reimbursable lunch served to students who are 
    not certified to receive free or reduced price meals.
        ``(2) Requirement.--
            ``(A) In general.--For each school year beginning July 1, 
        2011, each school food authority shall establish a price for 
        paid lunches in accordance with this subsection.
            ``(B) Lower price.--
                ``(i) In general.--In the case of a school food 
            authority that established a price for a paid lunch in the 
            previous school year that was less than the difference 
            between the total Federal reimbursement for a free lunch 
            and the total Federal reimbursement for a paid lunch, the 
            school food authority shall establish an average price for 
            a paid lunch that is not less than the price charged in the 
            previous school year, as adjusted by a percentage equal to 
            the sum obtained by adding--

                    ``(I) 2 percent; and
                    ``(II) the percentage change in the Consumer Price 
                Index for All Urban Consumers (food away from home 
                index) used to increase the Federal reimbursement rate 
                under section 11 for the most recent school year for 
                which data are available, as published in the Federal 
                Register.

                ``(ii) Rounding.--A school food authority may round the 
            adjusted price for a paid lunch under clause (i) down to 
            the nearest 5 cents.
                ``(iii) Maximum required price increase.--

                    ``(I) In general.--The maximum annual average price 
                increase required to meet the requirements of this 
                subparagraph shall not exceed 10 cents for any school 
                food authority.
                    ``(II) Discretionary increase.--A school food 
                authority may increase the average price for a paid 
                lunch for a school year by more than 10 cents.

            ``(C) Equal or greater price.--
                ``(i) In general.--In the case of a school food 
            authority that established an average price for a paid 
            lunch in the previous school year that was equal to or 
            greater than the difference between the total Federal 
            reimbursement for a free lunch and the total Federal 
            reimbursement for a paid lunch, the school food authority 
            shall establish an average price for a paid lunch that is 
            not less than the difference between the total Federal 
            reimbursement for a free lunch and the total Federal 
            reimbursement for a paid lunch.
                ``(ii) Rounding.--A school food authority may round the 
            adjusted price for a paid lunch under clause (i) down to 
            the nearest 5 cents.
        ``(3) Exceptions.--
            ``(A) Reduction in price.--A school food authority may 
        reduce the average price of a paid lunch established under this 
        subsection if the State agency ensures that funding from non-
        Federal sources (other than in-kind contributions) is added to 
        the nonprofit school food service account of the school food 
        authority in an amount estimated to be equal to at least the 
        difference between--
                ``(i) the average price required of the school food 
            authority for the paid lunches under paragraph (2); and
                ``(ii) the average price charged by the school food 
            authority for the paid lunches.
            ``(B) Non-federal sources.--For the purposes of 
        subparagraph (A), non-Federal sources does not include revenue 
        from the sale of foods sold in competition with meals served 
        under the school lunch program authorized under this Act or the 
        school breakfast program established by section 4 of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1773).
            ``(C) Other programs.--This subsection shall not apply to 
        lunches provided under section 17 of this Act.
        ``(4) Regulations.--The Secretary shall establish procedures to 
    carry out this subsection, including collecting and publishing the 
    prices that school food authorities charge for paid meals on an 
    annual basis and procedures that allow school food authorities to 
    average the pricing of paid lunches at schools throughout the 
    jurisdiction of the school food authority.''.
    SEC. 206. REVENUE FROM NONPROGRAM FOODS SOLD IN SCHOOLS.
    Section 12 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) (as amended by section 205) is amended by adding at the 
end the following:
    ``(q) Nonprogram Food Sales.--
        ``(1) Definition of nonprogram food.--In this subsection:
            ``(A) In general.--The term `nonprogram food' means food 
        that is--
                ``(i) sold in a participating school other than a 
            reimbursable meal provided under this Act or the Child 
            Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and
                ``(ii) purchased using funds from the nonprofit school 
            food service account of the school food authority of the 
            school.
            ``(B) Inclusion.--The term `nonprogram food' includes food 
        that is sold in competition with a program established under 
        this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
        seq.).
        ``(2) Revenues.--
            ``(A) In general.--The proportion of total school food 
        service revenue provided by the sale of nonprogram foods to the 
        total revenue of the school food service account shall be equal 
        to or greater than the proportion of total food costs 
        associated with obtaining nonprogram foods to the total costs 
        associated with obtaining program and nonprogram foods from the 
        account.
            ``(B) Accrual.--All revenue from the sale of nonprogram 
        foods shall accrue to the nonprofit school food service account 
        of a participating school food authority.
            ``(C) Effective date.--This subsection shall be effective 
        beginning on July 1, 2011.''.
    SEC. 207. REPORTING AND NOTIFICATION OF SCHOOL PERFORMANCE.
    Section 22 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769c) is amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) Unified Accountability System.--
        ``(1) In general.--There shall be a unified system prescribed 
    and administered by the Secretary to ensure that local food service 
    authorities participating in the school lunch program established 
    under this Act and the school breakfast program established by 
    section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 
    comply with those Acts, including compliance with--
            ``(A) the nutritional requirements of section 9(f) of this 
        Act for school lunches; and
            ``(B) as applicable, the nutritional requirements for 
        school breakfasts under section 4(e)(1) of the Child Nutrition 
        Act of 1966 (42 U.S.C. 1773(e)(1)).''; and
        (2) in subsection (b)(1), by striking subparagraphs (A) and (B) 
    and inserting the following:
            ``(A) require that local food service authorities comply 
        with the nutritional requirements described in subparagraphs 
        (A) and (B) of paragraph (1);
            ``(B) to the maximum extent practicable, ensure compliance 
        through reasonable audits and supervisory assistance reviews;
            ``(C) in conducting audits and reviews for the purpose of 
        determining compliance with this Act, including the nutritional 
        requirements of section 9(f)--
                ``(i) conduct audits and reviews during a 3-year cycle 
            or other period prescribed by the Secretary;
                ``(ii) select schools for review in each local 
            educational agency using criteria established by the 
            Secretary;
                ``(iii) report the final results of the reviews to the 
            public in the State in an accessible, easily understood 
            manner in accordance with guidelines promulgated by the 
            Secretary; and
                ``(iv) submit to the Secretary each year a report 
            containing the results of the reviews in accordance with 
            procedures developed by the Secretary; and
            ``(D) when any local food service authority is reviewed 
        under this section, ensure that the final results of the review 
        by the State educational agency are posted and otherwise made 
        available to the public on request in an accessible, easily 
        understood manner in accordance with guidelines promulgated by 
        the Secretary.''.
    SEC. 208. NUTRITION STANDARDS FOR ALL FOODS SOLD IN SCHOOL.
    Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is 
amended--
        (1) by striking the section heading and all that follows 
    through ``(a) The Secretary'' and inserting the following:
  ``SEC. 10. REGULATIONS.
    ``(a) In General.--The Secretary''; and
        (2) by striking subsection (b) and inserting the following:
    ``(b) National School Nutrition Standards.--
        ``(1) Proposed regulations.--
            ``(A) In general.--The Secretary shall--
                ``(i) establish science-based nutrition standards for 
            foods sold in schools other than foods provided under this 
            Act and the Richard B. Russell National School Lunch Act 
            (42 U.S.C. 1751 et seq.); and
                ``(ii) not later than 1 year after the date of 
            enactment of this paragraph, promulgate proposed 
            regulations to carry out clause (i).
            ``(B) Application.--The nutrition standards shall apply to 
        all foods sold--
                ``(i) outside the school meal programs;
                ``(ii) on the school campus; and
                ``(iii) at any time during the school day.
            ``(C) Requirements.--In establishing nutrition standards 
        under this paragraph, the Secretary shall--
                ``(i) establish standards that are consistent with the 
            most recent Dietary Guidelines for Americans published 
            under section 301 of the National Nutrition Monitoring and 
            Related Research Act of 1990 (7 U.S.C. 5341), including the 
            food groups to encourage and nutrients of concern 
            identified in the Dietary Guidelines; and
                ``(ii) consider--

                    ``(I) authoritative scientific recommendations for 
                nutrition standards;
                    ``(II) existing school nutrition standards, 
                including voluntary standards for beverages and snack 
                foods and State and local standards;
                    ``(III) the practical application of the nutrition 
                standards; and
                    ``(IV) special exemptions for school-sponsored 
                fundraisers (other than fundraising through vending 
                machines, school stores, snack bars, a la carte sales, 
                and any other exclusions determined by the Secretary), 
                if the fundraisers are approved by the school and are 
                infrequent within the school.

            ``(D) Updating standards.--As soon as practicable after the 
        date of publication by the Department of Agriculture and the 
        Department of Health and Human Services of a new edition of the 
        Dietary Guidelines for Americans under section 301 of the 
        National Nutrition Monitoring and Related Research Act of 1990 
        (7 U.S.C. 5341), the Secretary shall review and update as 
        necessary the school nutrition standards and requirements 
        established under this subsection.
        ``(2) Implementation.--
            ``(A) Effective date.--The interim or final regulations 
        under this subsection shall take effect at the beginning of the 
        school year that is not earlier than 1 year and not later than 
        2 years following the date on which the regulations are 
        finalized.
            ``(B) Reporting.--The Secretary shall submit to the 
        Committee on Agriculture, Nutrition, and Forestry of the Senate 
        and the Committee on Education and Labor of the House of 
        Representatives a quarterly report that describes progress made 
        toward promulgating final regulations under this subsection.''.
    SEC. 209. INFORMATION FOR THE PUBLIC ON THE SCHOOL NUTRITION 
      ENVIRONMENT.
    Section 9 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1758) is amended by adding at the end the following:
    ``(k) Information on the School Nutrition Environment.--
        ``(1) In general.--The Secretary shall--
            ``(A) establish requirements for local educational agencies 
        participating in the school lunch program under this Act and 
        the school breakfast program established by section 4 of the 
        Child Nutrition Act of 1966 (42 U.S.C. 1773) to report 
        information about the school nutrition environment, for all 
        schools under the jurisdiction of the local educational 
        agencies, to the Secretary and to the public in the State on a 
        periodic basis; and
            ``(B) provide training and technical assistance to States 
        and local educational agencies on the assessment and reporting 
        of the school nutrition environment, including the use of any 
        assessment materials developed by the Secretary.
        ``(2) Requirements.--In establishing the requirements for 
    reporting on the school nutrition environment under paragraph (1), 
    the Secretary shall--
            ``(A) include information pertaining to food safety 
        inspections, local wellness policies, meal program 
        participation, the nutritional quality of program meals, and 
        other information as determined by the Secretary; and
            ``(B) ensure that information is made available to the 
        public by local educational agencies in an accessible, easily 
        understood manner in accordance with guidelines established by 
        the Secretary.
        ``(3) Authorization of appropriations.--There are authorized to 
    be appropriated to carry out this subsection such sums as are 
    necessary for each of fiscal years 2011 through 2015.''.
    SEC. 210. ORGANIC FOOD PILOT PROGRAM.
    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended by adding at the end the following:
    ``(j) Organic Food Pilot Program.--
        ``(1) Establishment.--The Secretary shall establish an organic 
    food pilot program (referred to in this subsection as the `pilot 
    program') under which the Secretary shall provide grants on a 
    competitive basis to school food authorities selected under 
    paragraph (3).
        ``(2) Use of funds.--
            ``(A) In general.--The Secretary shall use funds provided 
        under this section--
                ``(i) to enter into competitively awarded contracts or 
            cooperative agreements with school food authorities 
            selected under paragraph (3); or
                ``(ii) to make grants to school food authority 
            applicants selected under paragraph (3).
            ``(B) School food authority uses of funds.--A school food 
        authority that receives a grant under this section shall use 
        the grant funds to establish a pilot program that increases the 
        quantity of organic foods provided to schoolchildren under the 
        school lunch program established under this Act.
        ``(3) Application.--
            ``(A) In general.--A school food authority seeking a 
        contract, grant, or cooperative agreement under this subsection 
        shall submit to the Secretary an application in such form, 
        containing such information, and at such time as the Secretary 
        shall prescribe.
            ``(B) Criteria.--In selecting contract, grant, or 
        cooperative agreement recipients, the Secretary shall 
        consider--
                ``(i) the poverty line (as defined in section 673(2) of 
            the Community Services Block Grant Act (42 U.S.C. 9902(2), 
            including any revision required by that section)) 
            applicable to a family of the size involved of the 
            households in the district served by the school food 
            authority, giving preference to school food authority 
            applicants in which not less than 50 percent of the 
            households in the district are at or below the Federal 
            poverty line;
                ``(ii) the commitment of each school food authority 
            applicant--

                    ``(I) to improve the nutritional value of school 
                meals;
                    ``(II) to carry out innovative programs that 
                improve the health and wellness of schoolchildren; and
                    ``(III) to evaluate the outcome of the pilot 
                program; and

                ``(iii) any other criteria the Secretary determines to 
            be appropriate.
        ``(4) Authorization of appropriations.--There are authorized to 
    be appropriated to carry out this subsection $10,000,000 for fiscal 
    years 2011 through 2015.''.

             Subtitle B--Child and Adult Care Food Program

    SEC. 221. NUTRITION AND WELLNESS GOALS FOR MEALS SERVED THROUGH THE 
      CHILD AND ADULT CARE FOOD PROGRAM.
    Section 17 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1766) is amended--
        (1) in subsection (a), by striking ``(a) Grant Authority'' and 
    all that follows through the end of paragraph (1) and inserting the 
    following:
    ``(a) Program Purpose, Grant Authority and Institution 
Eligibility.--
        ``(1) In general.--
            ``(A) Program purpose.--
                ``(i) Findings.--Congress finds that--

                    ``(I) eating habits and other wellness-related 
                behavior habits are established early in life; and
                    ``(II) good nutrition and wellness are important 
                contributors to the overall health of young children 
                and essential to cognitive development.

                ``(ii) Purpose.--The purpose of the program authorized 
            by this section is to provide aid to child and adult care 
            institutions and family or group day care homes for the 
            provision of nutritious foods that contribute to the 
            wellness, healthy growth, and development of young 
            children, and the health and wellness of older adults and 
            chronically impaired disabled persons.
            ``(B) Grant authority.--The Secretary may carry out a 
        program to assist States through grants-in-aid and other means 
        to initiate and maintain nonprofit food service programs for 
        children in institutions providing child care.'';
        (2) by striking subsection (g) and inserting the following:
    ``(g) Nutritional Requirements for Meals and Snacks Served in 
Institutions and Family or Group Day Care Homes.--
        ``(1) Definition of dietary guidelines.--In this subsection, 
    the term `Dietary Guidelines' means the Dietary Guidelines for 
    Americans published under section 301 of the National Nutrition 
    Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).
        ``(2) Nutritional requirements.--
            ``(A) In general.--Except as provided in subparagraph (C), 
        reimbursable meals and snacks served by institutions, family or 
        group day care homes, and sponsored centers participating in 
        the program under this section shall consist of a combination 
        of foods that meet minimum nutritional requirements prescribed 
        by the Secretary on the basis of tested nutritional research.
            ``(B) Conformity with the dietary guidelines and 
        authoritative science.--
                ``(i) In general.--Not less frequently than once every 
            10 years, the Secretary shall review and, as appropriate, 
            update requirements for meals served under the program 
            under this section to ensure that the meals--

                    ``(I) are consistent with the goals of the most 
                recent Dietary Guidelines; and
                    ``(II) promote the health of the population served 
                by the program authorized under this section, as 
                indicated by the most recent relevant nutrition science 
                and appropriate authoritative scientific agency and 
                organization recommendations.

                ``(ii) Cost review.--The review required under clause 
            (i) shall include a review of the cost to child care 
            centers and group or family day care homes resulting from 
            updated requirements for meals and snacks served under the 
            program under this section.
                ``(iii) Regulations.--Not later than 18 months after 
            the completion of the review of the meal pattern under 
            clause (i), the Secretary shall promulgate proposed 
            regulations to update the meal patterns for meals and 
            snacks served under the program under this section.
            ``(C) Exceptions.--
                ``(i) Special dietary needs.--The minimum nutritional 
            requirements prescribed under subparagraph (A) shall not 
            prohibit institutions, family or group day care homes, and 
            sponsored centers from substituting foods to accommodate 
            the medical or other special dietary needs of individual 
            participants.
                ``(ii) Exempt institutions.--The Secretary may elect to 
            waive all or part of the requirements of this subsection 
            for emergency shelters participating in the program under 
            this section.
        ``(3) Meal service.--Institutions, family or group day care 
    homes, and sponsored centers shall ensure that reimbursable meal 
    service contributes to the development and socialization of 
    enrolled children by providing that food is not used as a 
    punishment or reward.
        ``(4) Fluid milk.--
            ``(A) In general.--If an institution, family or group day 
        care home, or sponsored center provides fluid milk as part of a 
        reimbursable meal or supplement, the institution, family or 
        group day care home, or sponsored center shall provide the milk 
        in accordance with the most recent version of the Dietary 
        Guidelines.
            ``(B) Milk substitutes.--In the case of children who cannot 
        consume fluid milk due to medical or other special dietary 
        needs other than a disability, an institution, family or group 
        day care home, or sponsored center may substitute for the fluid 
        milk required in meals served, a nondairy beverage that--
                ``(i) is nutritionally equivalent to fluid milk; and
                ``(ii) meets nutritional standards established by the 
            Secretary, including, among other requirements established 
            by the Secretary, fortification of calcium, protein, 
            vitamin A, and vitamin D to levels found in cow's milk.
            ``(C) Approval.--
                ``(i) In general.--A substitution authorized under 
            subparagraph (B) may be made--

                    ``(I) at the discretion of and on approval by the 
                participating day care institution; and
                    ``(II) if the substitution is requested by written 
                statement of a medical authority, or by the parent or 
                legal guardian of the child, that identifies the 
                medical or other special dietary need that restricts 
                the diet of the child.

                ``(ii) Exception.--An institution, family or group day 
            care home, or sponsored center that elects to make a 
            substitution authorized under this paragraph shall not be 
            required to provide beverages other than beverages the 
            State has identified as acceptable substitutes.
            ``(D) Excess expenses borne by institution.--A 
        participating institution, family or group day care home, or 
        sponsored center shall be responsible for any expenses that--
                ``(i) are incurred by the institution, family or group 
            day care home, or sponsored center to provide substitutions 
            under this paragraph; and
                ``(ii) are in excess of expenses covered under 
            reimbursements under this Act.
        ``(5) Nondiscrimination policy.--No physical segregation or 
    other discrimination against any person shall be made because of 
    the inability of the person to pay, nor shall there be any overt 
    identification of any such person by special tokens or tickets, 
    different meals or meal service, announced or published lists of 
    names, or other means.
        ``(6) Use of abundant and donated foods.--To the maximum extent 
    practicable, each institution shall use in its food service foods 
    that are--
            ``(A) designated from time to time by the Secretary as 
        being in abundance, either nationally or in the food service 
        area; or
            ``(B) donated by the Secretary.'';
        (3) by adding at the end the following:
    ``(u) Promoting Health and Wellness in Child Care.--
        ``(1) Physical activity and electronic media use.--The 
    Secretary shall encourage participating child care centers and 
    family or group day care homes--
            ``(A) to provide to all children under the supervision of 
        the participating child care centers and family or group day 
        care homes daily opportunities for structured and unstructured 
        age-appropriate physical activity; and
            ``(B) to limit among children under the supervision of the 
        participating child care centers and family or group day care 
        homes the use of electronic media to an appropriate level.
        ``(2) Water consumption.--Participating child care centers and 
    family or group day care homes shall make available to children, as 
    nutritionally appropriate, potable water as an acceptable fluid for 
    consumption throughout the day, including at meal times.
        ``(3) Technical assistance and guidance.--
            ``(A) In general.--The Secretary shall provide technical 
        assistance to institutions participating in the program under 
        this section to assist participating child care centers and 
        family or group day care homes in complying with the 
        nutritional requirements and wellness recommendations 
        prescribed by the Secretary in accordance with this subsection 
        and subsection (g).
            ``(B) Guidance.--Not later than January 1, 2012, the 
        Secretary shall issue guidance to States and institutions to 
        encourage participating child care centers and family or group 
        day care homes serving meals and snacks under this section to--
                ``(i) include foods that are recommended for increased 
            serving consumption in amounts recommended by the most 
            recent Dietary Guidelines for Americans published under 
            section 301 of the National Nutrition Monitoring and 
            Related Research Act of 1990 (7 U.S.C. 5341), including 
            fresh, canned, dried, or frozen fruits and vegetables, 
            whole grain products, lean meat products, and low-fat and 
            non-fat dairy products; and
                ``(ii) reduce sedentary activities and provide 
            opportunities for regular physical activity in quantities 
            recommended by the most recent Dietary Guidelines for 
            Americans described in clause (i).
            ``(C) Nutrition.--Technical assistance relating to the 
        nutritional requirements of this subsection and subsection (g) 
        shall include--
                ``(i) nutrition education, including education that 
            emphasizes the relationship between nutrition, physical 
            activity, and health;
                ``(ii) menu planning;
                ``(iii) interpretation of nutrition labels; and
                ``(iv) food preparation and purchasing guidance to 
            produce meals and snacks that are--

                    ``(I) consistent with the goals of the most recent 
                Dietary Guidelines; and
                    ``(II) promote the health of the population served 
                by the program under this section, as recommended by 
                authoritative scientific organizations.

            ``(D) Physical activity.--Technical assistance relating to 
        the physical activity requirements of this subsection shall 
        include--
                ``(i) education on the importance of regular physical 
            activity to overall health and well being; and
                ``(ii) sharing of best practices for physical activity 
            plans in child care centers and homes as recommended by 
            authoritative scientific organizations.
            ``(E) Electronic media use.--Technical assistance relating 
        to the electronic media use requirements of this subsection 
        shall include--
                ``(i) education on the benefits of limiting exposure to 
            electronic media by children; and
                ``(ii) sharing of best practices for the development of 
            daily activity plans that limit use of electronic media.
            ``(F) Minimum assistance.--At a minimum, the technical 
        assistance required under this paragraph shall include a 
        handbook, developed by the Secretary in coordination with the 
        Secretary for Health and Human Services, that includes 
        recommendations, guidelines, and best practices for 
        participating institutions and family or group day care homes 
        that are consistent with the nutrition, physical activity, and 
        wellness requirements and recommendations of this subsection.
            ``(G) Additional assistance.--In addition to the 
        requirements of this paragraph, the Secretary shall develop and 
        provide such appropriate training and education materials, 
        guidance, and technical assistance as the Secretary considers 
        to be necessary to comply with the nutritional and wellness 
        requirements of this subsection and subsection (g).
            ``(H) Funding.--
                ``(i) In general.--On October 1, 2010, out of any funds 
            in the Treasury not otherwise appropriated, the Secretary 
            of the Treasury shall transfer to the Secretary to provide 
            technical assistance under this subsection $10,000,000, to 
            remain available until expended.
                ``(ii) Receipt and acceptance.--The Secretary shall be 
            entitled to receive, shall accept, and shall use to carry 
            out this subsection the funds transferred under clause (i), 
            without further appropriation.''.
    SEC. 222. INTERAGENCY COORDINATION TO PROMOTE HEALTH AND WELLNESS 
      IN CHILD CARE LICENSING.
    The Secretary shall coordinate with the Secretary of Health and 
Human Services to encourage State licensing agencies to include 
nutrition and wellness standards within State licensing standards that 
ensure, to the maximum extent practicable, that licensed child care 
centers and family or group day care homes--
        (1) provide to all children under the supervision of the child 
    care centers and family or group day care homes daily opportunities 
    for age-appropriate physical activity;
        (2) limit among children under the supervision of the child 
    care centers and family or group day care homes the use of 
    electronic media and the quantity of time spent in sedentary 
    activity to an appropriate level;
        (3) serve meals and snacks that are consistent with the 
    requirements of the child and adult care food program established 
    under section 17 of the Richard B. Russell National School Lunch 
    Act (42 U.S.C. 1766); and
        (4) promote such other nutrition and wellness goals as the 
    Secretaries determine to be necessary.
    SEC. 223. STUDY ON NUTRITION AND WELLNESS QUALITY OF CHILD CARE 
      SETTINGS.
    (a) In General.--Not less than 3 years after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Health and Human Services, shall enter into a contract for the conduct 
of a nationally representative study of child care centers and family 
or group day care homes that includes an assessment of--
        (1) the nutritional quality of all foods provided to children 
    in child care settings as compared to the recommendations in most 
    recent Dietary Guidelines for Americans published under section 301 
    of the National Nutrition Monitoring and Related Research Act of 
    1990 (7 U.S.C. 5341);
        (2) the quantity and type of opportunities for physical 
    activity provided to children in child care settings;
        (3) the quantity of time spent by children in child care 
    settings in sedentary activities;
        (4) an assessment of barriers and facilitators to--
            (A) providing foods to children in child care settings that 
        meet the recommendations of the most recent Dietary Guidelines 
        for Americans published under section 301 of the National 
        Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 
        5341);
            (B) providing the appropriate quantity and type of 
        opportunities of physical activity for children in child care 
        settings; and
            (C) participation by child care centers and family or group 
        day care homes in the child and adult care food program 
        established under section 17 of the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1766); and
        (5) such other assessment measures as the Secretary may 
    determine to be necessary.
    (b) Report to Congress.--The Secretary shall submit to Congress a 
report that includes a detailed description of the results of the study 
conducted under subsection (a).
    (c) Funding.--
        (1) In general.--On October 1, 2010, out of any funds in the 
    Treasury not otherwise appropriated, the Secretary of the Treasury 
    shall transfer to the Secretary to carry out this section 
    $5,000,000, to remain available until expended.
        (2) Receipt and acceptance.--The Secretary shall be entitled to 
    receive, shall accept, and shall use to carry out this section the 
    funds transferred under paragraph (1), without further 
    appropriation.

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

    SEC. 231. SUPPORT FOR BREASTFEEDING IN THE WIC PROGRAM.
    Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is 
amended--
        (1) in subsection (a), in the second sentence, by striking 
    ``supplemental foods and nutrition education through any eligible 
    local agency'' and inserting ``supplemental foods and nutrition 
    education, including breastfeeding promotion and support, through 
    any eligible local agency'';
        (2) in subsection (b)(4), by inserting ``breastfeeding support 
    and promotion,'' after ``nutrition education,'';
        (3) in subsection (c)(1), in the first sentence, by striking 
    ``supplemental foods and nutrition education to'' and inserting 
    ``supplemental foods, nutrition education, and breastfeeding 
    support and promotion to'';
        (4) in subsection (e)(2), in the second sentence, by inserting 
    ``, including breastfeeding support and education,'' after 
    ``nutrition education'';
        (5) in subsection (f)(6)(B), in the first sentence, by 
    inserting ``and breastfeeding'' after ``nutrition education'';
        (6) in subsection (h)--
            (A) in paragraph (4)--
                (i) by striking ``(4) The Secretary'' and all that 
            follows through ``(A) in consultation'' and inserting the 
            following:
        ``(4) Requirements.--
            ``(A) In general.--The Secretary shall--
                ``(i) in consultation'';
                (ii) by redesignating subparagraphs (B) through (F) as 
            clauses (ii) through (vi), respectively, and indenting 
            appropriately;
                (iii) in clause (v) (as so redesignated), by striking 
            ``and'' at the end;
                (iv) in clause (vi) (as so redesignated), by striking 
            ``2010 initiative.'' and inserting ``initiative; and''; and
                (v) by adding at the end the following:
                ``(vii) annually compile and publish breastfeeding 
            performance measurements based on program participant data 
            on the number of partially and fully breast-fed infants, 
            including breastfeeding performance measurements for--

                    ``(I) each State agency; and
                    ``(II) each local agency;

                ``(viii) in accordance with subparagraph (B), implement 
            a program to recognize exemplary breastfeeding support 
            practices at local agencies or clinics participating in the 
            special supplemental nutrition program established under 
            this section; and
                ``(ix) in accordance with subparagraph (C), implement a 
            program to provide performance bonuses to State agencies.
            ``(B) Exemplary breastfeeding support practices.--
                ``(i) In general.--In evaluating exemplary practices 
            under subparagraph (A)(viii), the Secretary shall 
            consider--

                    ``(I) performance measurements of breastfeeding;
                    ``(II) the effectiveness of a peer counselor 
                program;
                    ``(III) the extent to which the agency or clinic 
                has partnered with other entities to build a supportive 
                breastfeeding environment for women participating in 
                the program; and
                    ``(IV) such other criteria as the Secretary 
                considers appropriate after consultation with State and 
                local program agencies.

                ``(ii) Authorization of appropriations.--There is 
            authorized to be appropriated to carry out the activities 
            described in clause (viii) of subparagraph (A) such sums as 
            are necessary.
            ``(C) Performance bonuses.--
                ``(i) In general.--Following the publication of 
            breastfeeding performance measurements under subparagraph 
            (A)(vii), the Secretary shall provide performance bonus 
            payments to not more than 15 State agencies that 
            demonstrate, as compared to other State agencies 
            participating in the program--

                    ``(I) the highest proportion of breast-fed infants; 
                or
                    ``(II) the greatest improvement in proportion of 
                breast-fed infants.

                ``(ii) Consideration.--In providing performance bonus 
            payments to State agencies under this subparagraph, the 
            Secretary shall consider the proportion of fully breast-fed 
            infants in the States.
                ``(iii) Use of funds.--A State agency that receives a 
            performance bonus under clause (i)--

                    ``(I) shall treat the funds as program income; and
                    ``(II) may transfer the funds to local agencies for 
                use in carrying out the program.

                ``(iv) Implementation.--The Secretary shall provide the 
            first performance bonuses not later than 1 year after the 
            date of enactment of this clause and may subsequently 
            revise the criteria for awarding performance bonuses; 
            and''; and
            (B) by striking paragraph (10) and inserting the following:
        ``(10) Funds for infrastructure, management information 
    systems, and special nutrition education.--
            ``(A) In general.--For each of fiscal years 2010 through 
        2015, the Secretary shall use for the purposes specified in 
        subparagraph (B) $139,000,000 (as adjusted annually for 
        inflation by the same factor used to determine the national 
        average per participant grant for nutrition services and 
        administration for the fiscal year under paragraph (1)(B)).
            ``(B) Purposes.--Subject to subparagraph (C), of the amount 
        made available under subparagraph (A) for a fiscal year--
                ``(i) $14,000,000 shall be used for--

                    ``(I) infrastructure for the program under this 
                section;
                    ``(II) special projects to promote breastfeeding, 
                including projects to assess the effectiveness of 
                particular breastfeeding promotion strategies; and
                    ``(III) special State projects of regional or 
                national significance to improve the services of the 
                program;

                ``(ii) $35,000,000 shall be used to establish, improve, 
            or administer management information systems for the 
            program, including changes necessary to meet new 
            legislative or regulatory requirements of the program, of 
            which up to $5,000,000 may be used for Federal 
            administrative costs; and
                ``(iii) $90,000,000 shall be used for special nutrition 
            education (such as breastfeeding peer counselors and other 
            related activities), of which not more than $10,000,000 of 
            any funding provided in excess of $50,000,000 shall be used 
            to make performance bonus payments under paragraph (4)(C).
            ``(C) Adjustment.--Each of the amounts referred to in 
        clauses (i), (ii), and (iii) of subparagraph (B) shall be 
        adjusted annually for inflation by the same factor used to 
        determine the national average per participant grant for 
        nutrition services and administration for the fiscal year under 
        paragraph (1)(B).
            ``(D) Proportional distribution.--The Secretary shall 
        distribute funds made available under subparagraph (A) in 
        accordance with the proportional distribution described in 
        subparagraphs (B) and (C).''; and
        (7) in subsection (j), by striking ``supplemental foods and 
    nutrition education'' each place it appears in paragraphs (1) and 
    (2) and inserting ``supplemental foods, nutrition education, and 
    breastfeeding support and promotion''.
    SEC. 232. REVIEW OF AVAILABLE SUPPLEMENTAL FOODS.
    Section 17(f)(11)(D) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(f)(11)(D)) is amended in the matter preceding clause (i) by 
inserting ``but not less than every 10 years,'' after ``scientific 
knowledge,''.

                       Subtitle D--Miscellaneous

    SEC. 241. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT PROGRAM.
    (a) In General.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011 
et seq.) is amended by adding at the end the following:
  ``SEC. 28. NUTRITION EDUCATION AND OBESITY PREVENTION GRANT PROGRAM.
    ``(a) Definition of Eligible Individual.--In this section, the term 
`eligible individual' means an individual who is eligible to receive 
benefits under a nutrition education and obesity prevention program 
under this section as a result of being--
        ``(1) an individual eligible for benefits under--
            ``(A) this Act;
            ``(B) sections 9(b)(1)(A) and 17(c)(4) of the Richard B 
        Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A), 
        1766(c)(4)); or
            ``(C) section 4(e)(1)(A) of the Child Nutrition Act of 1966 
        (42 U.S.C. 1773(e)(1)(A));
        ``(2) an individual who resides in a community with a 
    significant low-income population, as determined by the Secretary; 
    or
        ``(3) such other low-income individual as is determined to be 
    eligible by the Secretary.
    ``(b) Programs.--Consistent with the terms and conditions of grants 
awarded under this section, State agencies may implement a nutrition 
education and obesity prevention program for eligible individuals that 
promotes healthy food choices consistent with the most recent Dietary 
Guidelines for Americans published under section 301 of the National 
Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).
    ``(c) Delivery of Nutrition Education and Obesity Prevention 
Services.--
        ``(1) In general.--State agencies may deliver nutrition 
    education and obesity prevention services under a program described 
    in subsection (b)--
            ``(A) directly to eligible individuals; or
            ``(B) through agreements with other State or local agencies 
        or community organizations.
        ``(2) Nutrition education state plans.--
            ``(A) In general.--A State agency that elects to provide 
        nutrition education and obesity prevention services under this 
        subsection shall submit to the Secretary for approval a 
        nutrition education State plan.
            ``(B) Requirements.--Except as provided in subparagraph 
        (C), a nutrition education State plan shall--
                ``(i) identify the uses of the funding for local 
            projects;
                ``(ii) ensure that the interventions are appropriate 
            for eligible individuals who are members of low-income 
            populations by recognizing the constrained resources, and 
            the potential eligibility for Federal food assistance 
            programs, of members of those populations; and
                ``(iii) conform to standards established by the 
            Secretary through regulations, guidance, or grant award 
            documents.
            ``(C) Transition period.--During each of fiscal years 2011 
        and 2012, a nutrition education State plan under this section 
        shall be consistent with the requirements of section 11(f) (as 
        that section, other than paragraph (3)(C), existed on the day 
        before the date of enactment of this section).
        ``(3) Use of funds.--
            ``(A) In general.--A State agency may use funds provided 
        under this section for any evidence-based allowable use of 
        funds identified by the Administrator of the Food and Nutrition 
        Service of the Department of Agriculture in consultation with 
        the Director of the Centers for Disease Control and Prevention 
        of the Department of Health and Human Services, including--
                ``(i) individual and group-based nutrition education, 
            health promotion, and intervention strategies;
                ``(ii) comprehensive, multilevel interventions at 
            multiple complementary organizational and institutional 
            levels; and
                ``(iii) community and public health approaches to 
            improve nutrition.
            ``(B) Consultation.--In identifying allowable uses of funds 
        under subparagraph (A) and in seeking to strengthen delivery, 
        oversight, and evaluation of nutrition education, the 
        Administrator of the Food and Nutrition Service shall consult 
        with the Director of the Centers for Disease Control and 
        Prevention and outside stakeholders and experts, including--
                ``(i) representatives of the academic and research 
            communities;
                ``(ii) nutrition education practitioners;
                ``(iii) representatives of State and local governments; 
            and
                ``(iv) community organizations that serve low-income 
            populations.
        ``(4) Notification.--To the maximum extent practicable, State 
    agencies shall notify applicants, participants, and eligible 
    individuals under this Act of the availability of nutrition 
    education and obesity prevention services under this section in 
    local communities.
        ``(5) Coordination.--Subject to the approval of the Secretary, 
    projects carried out with funds received under this section may be 
    coordinated with other health promotion or nutrition improvement 
    strategies, whether public or privately funded, if the projects 
    carried out with funds received under this section remain under the 
    administrative control of the State agency.
    ``(d) Funding.--
        ``(1) In general.--Of funds made available each fiscal year 
    under section 18(a)(1), the Secretary shall reserve for allocation 
    to State agencies to carry out the nutrition education and obesity 
    prevention grant program under this section, to remain available 
    for obligation for a period of 2 fiscal years--
            ``(A) for fiscal year 2011, $375,000,000; and
            ``(B) for fiscal year 2012 and each subsequent fiscal year, 
        the applicable amount during the preceding fiscal year, as 
        adjusted to reflect any increases for the 12-month period 
        ending the preceding June 30 in the Consumer Price Index for 
        All Urban Consumers published by the Bureau of Labor Statistics 
        of the Department of Labor.
        ``(2) Allocation.--
            ``(A) Initial allocation.--Of the funds set aside under 
        paragraph (1), as determined by the Secretary--
                ``(i) for each of fiscal years 2011 through 2013, 100 
            percent shall be allocated to State agencies in direct 
            proportion to the amount of funding that the State received 
            for carrying out section 11(f) (as that section existed on 
            the day before the date of enactment of this section) 
            during fiscal year 2009, as reported to the Secretary as of 
            February 2010; and
                ``(ii) subject to a reallocation under subparagraph 
            (B)--

                    ``(I) for fiscal year 2014--

                        ``(aa) 90 percent shall be allocated to State 
                    agencies in accordance with clause (i); and
                        ``(bb) 10 percent shall be allocated to State 
                    agencies based on the respective share of each 
                    State of the number of individuals participating in 
                    the supplemental nutrition assistance program 
                    during the 12-month period ending the preceding 
                    January 31;

                    ``(II) for fiscal year 2015--

                        ``(aa) 80 percent shall be allocated to State 
                    agencies in accordance with clause (i); and
                        ``(bb) 20 percent shall be allocated in 
                    accordance with subclause (I)(bb);

                    ``(III) for fiscal year 2016--

                        ``(aa) 70 percent shall be allocated to State 
                    agencies in accordance with clause (i); and
                        ``(bb) 30 percent shall be allocated in 
                    accordance with subclause (I)(bb);

                    ``(IV) for fiscal year 2017--

                        ``(aa) 60 percent shall be allocated to State 
                    agencies in accordance with clause (i); and
                        ``(bb) 40 percent shall be allocated in 
                    accordance with subclause (I)(bb); and

                    ``(V) for fiscal year 2018 and each fiscal year 
                thereafter--

                        ``(aa) 50 percent shall be allocated to State 
                    agencies in accordance with clause (i); and
                        ``(bb) 50 percent shall be allocated in 
                    accordance with subclause (I)(bb).
            ``(B) Reallocation.--
                ``(i) In general.--If the Secretary determines that a 
            State agency will not expend all of the funds allocated to 
            the State agency for a fiscal year under paragraph (1) or 
            in the case of a State agency that elects not to receive 
            the entire amount of funds allocated to the State agency 
            for a fiscal year, the Secretary shall reallocate the 
            unexpended funds to other States during the fiscal year or 
            the subsequent fiscal year (as determined by the Secretary) 
            that have approved State plans under which the State 
            agencies may expend the reallocated funds.
                ``(ii) Effect of additional funds.--

                    ``(I) Funds received.--Any reallocated funds 
                received by a State agency under clause (i) for a 
                fiscal year shall be considered to be part of the 
                fiscal year 2009 base allocation of funds to the State 
                agency for that fiscal year for purposes of determining 
                allocation under subparagraph (A) for the subsequent 
                fiscal year.
                    ``(II) Funds surrendered.--Any funds surrendered by 
                a State agency under clause (i) shall not be considered 
                to be part of the fiscal year 2009 base allocation of 
                funds to a State agency for that fiscal year for 
                purposes of determining allocation under subparagraph 
                (A) for the subsequent fiscal year.

        ``(3) Limitation on federal financial participation.--
            ``(A) In general.--Grants awarded under this section shall 
        be the only source of Federal financial participation under 
        this Act in nutrition education and obesity prevention.
            ``(B) Exclusion.--Any costs of nutrition education and 
        obesity prevention in excess of the grants authorized under 
        this section shall not be eligible for reimbursement under 
        section 16(a).
    ``(e) Implementation.--Not later than January 1, 2012, the 
Secretary shall publish in the Federal Register a description of the 
requirements for the receipt of a grant under this section.''.
    (b) Conforming Amendments.--
        (1) Section 4(a) of the Food and Nutrition Act of 2008 (7 
    U.S.C. 2013(a)) is amended in the first sentence by striking ``and, 
    through an approved State plan, nutrition education''.
        (2) Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 
    2020) is amended by striking subsection (f).
    SEC. 242. PROCUREMENT AND PROCESSING OF FOOD SERVICE PRODUCTS AND 
      COMMODITIES.
    Section 9(a)(4) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(a)(4)) is amended by adding at the end the following:
            ``(C) Procurement and processing of food service products 
        and commodities.--The Secretary shall--
                ``(i) identify, develop, and disseminate to State 
            departments of agriculture and education, school food 
            authorities, local educational agencies, and local 
            processing entities, model product specifications and 
            practices for foods offered in school nutrition programs 
            under this Act and the Child Nutrition Act of 1966 (42 
            U.S.C. 1771 et seq.) to ensure that the foods reflect the 
            most recent Dietary Guidelines for Americans published 
            under section 301 of the National Nutrition Monitoring and 
            Related Research Act of 1990 (7 U.S.C. 5341);
                ``(ii) not later than 1 year after the date of 
            enactment of this subparagraph--

                    ``(I) carry out a study to analyze the quantity and 
                quality of nutritional information available to school 
                food authorities about food service products and 
                commodities; and
                    ``(II) submit to Congress a report on the results 
                of the study that contains such legislative 
                recommendations as the Secretary considers necessary to 
                ensure that school food authorities have access to the 
                nutritional information needed for menu planning and 
                compliance assessments; and

                ``(iii) to the maximum extent practicable, in 
            purchasing and processing commodities for use in school 
            nutrition programs under this Act and the Child Nutrition 
            Act of 1966 (42 U.S.C. 1771 et seq.), purchase the widest 
            variety of healthful foods that reflect the most recent 
            Dietary Guidelines for Americans.''.
    SEC. 243. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.
    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended--
        (1) by redesignating subsections (h) and (i) and subsection (j) 
    (as added by section 210) as subsections (i) through (k), 
    respectively;
        (2) in subsection (g), by striking ``(g) Access to Local Foods 
    and School Gardens.--'' and all that follows through ``(3) Pilot 
    program for high-poverty schools.--'' and inserting the following:
    ``(g) Access to Local Foods: Farm to School Program.--
        ``(1) Definition of eligible school.--In this subsection, the 
    term `eligible school' means a school or institution that 
    participates in a program under this Act or the school breakfast 
    program established under section 4 of the Child Nutrition Act of 
    1966 (42 U.S.C. 1773).
        ``(2) Program.--The Secretary shall carry out a program to 
    assist eligible schools, State and local agencies, Indian tribal 
    organizations, agricultural producers or groups of agricultural 
    producers, and nonprofit entities through grants and technical 
    assistance to implement farm to school programs that improve access 
    to local foods in eligible schools.
        ``(3) Grants.--
            ``(A) In general.--The Secretary shall award competitive 
        grants under this subsection to be used for--
                ``(i) training;
                ``(ii) supporting operations;
                ``(iii) planning;
                ``(iv) purchasing equipment;
                ``(v) developing school gardens;
                ``(vi) developing partnerships; and
                ``(vii) implementing farm to school programs.
            ``(B) Regional balance.--In making awards under this 
        subsection, the Secretary shall, to the maximum extent 
        practicable, ensure--
                ``(i) geographical diversity; and
                ``(ii) equitable treatment of urban, rural, and tribal 
            communities.
            ``(C) Maximum amount.--The total amount provided to a grant 
        recipient under this subsection shall not exceed $100,000.
        ``(4) Federal share.--
            ``(A) In general.--The Federal share of costs for a project 
        funded through a grant awarded under this subsection shall not 
        exceed 75 percent of the total cost of the project.
            ``(B) Federal matching.--As a condition of receiving a 
        grant under this subsection, a grant recipient shall provide 
        matching support in the form of cash or in-kind contributions, 
        including facilities, equipment, or services provided by State 
        and local governments, nonprofit organizations, and private 
        sources.
        ``(5) Criteria for selection.--To the maximum extent 
    practicable, in providing assistance under this subsection, the 
    Secretary shall give the highest priority to funding projects that, 
    as determined by the Secretary--
            ``(A) make local food products available on the menu of the 
        eligible school;
            ``(B) serve a high proportion of children who are eligible 
        for free or reduced price lunches;
            ``(C) incorporate experiential nutrition education 
        activities in curriculum planning that encourage the 
        participation of school children in farm and garden-based 
        agricultural education activities;
            ``(D) demonstrate collaboration between eligible schools, 
        nongovernmental and community-based organizations, agricultural 
        producer groups, and other community partners;
            ``(E) include adequate and participatory evaluation plans;
            ``(F) demonstrate the potential for long-term program 
        sustainability; and
            ``(G) meet any other criteria that the Secretary determines 
        appropriate.
        ``(6) Evaluation.--As a condition of receiving a grant under 
    this subsection, each grant recipient shall agree to cooperate in 
    an evaluation by the Secretary of the program carried out using 
    grant funds.
        ``(7) Technical assistance.--The Secretary shall provide 
    technical assistance and information to assist eligible schools, 
    State and local agencies, Indian tribal organizations, and 
    nonprofit entities--
            ``(A) to facilitate the coordination and sharing of 
        information and resources in the Department that may be 
        applicable to the farm to school program;
            ``(B) to collect and share information on best practices; 
        and
            ``(C) to disseminate research and data on existing farm to 
        school programs and the potential for programs in underserved 
        areas.
        ``(8) Funding.--
            ``(A) In general.--On October 1, 2012, and each October 1 
        thereafter, out of any funds in the Treasury not otherwise 
        appropriated, the Secretary of the Treasury shall transfer to 
        the Secretary to carry out this subsection $5,000,000, to 
        remain available until expended.
            ``(B) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this subsection the funds transferred under subparagraph (A), 
        without further appropriation.
        ``(9) Authorization of appropriations.--In addition to the 
    amounts made available under paragraph (8), there are authorized to 
    be appropriated to carry out this subsection such sums as are 
    necessary for each of fiscal years 2011 through 2015.
    ``(h) Pilot Program for High-Poverty Schools.--
        ``(1) In general.--''; and
        (3) in subsection (h) (as redesignated by paragraph (2))--
            (A) in subparagraph (F) of paragraph (1) (as so 
        redesignated), by striking ``in accordance with paragraph 
        (1)(H)'' and inserting ``carried out by the Secretary'';
            (B) by redesignating paragraph (4) as paragraph (2); and
            (C) in paragraph (2) (as so redesignated), by striking 
        ``2009'' and inserting ``2015''.
    SEC. 244. RESEARCH ON STRATEGIES TO PROMOTE THE SELECTION AND 
      CONSUMPTION OF HEALTHY FOODS.
    (a) In General.--The Secretary, in consultation with the Secretary 
of Health and Human Services, shall establish a research, 
demonstration, and technical assistance program to promote healthy 
eating and reduce the prevalence of obesity, among all population 
groups but especially among children, by applying the principles and 
insights of behavioral economics research in schools, child care 
programs, and other settings.
    (b) Priorities.--The Secretary shall--
        (1) identify and assess the impacts of specific presentation, 
    placement, and other strategies for structuring choices on 
    selection and consumption of healthful foods in a variety of 
    settings, consistent with the most recent version of the Dietary 
    Guidelines for Americans published under section 301 of the 
    National Nutrition Monitoring and Related Research Act of 1990 (7 
    U.S.C. 5341);
        (2) demonstrate and rigorously evaluate behavioral economics-
    related interventions that hold promise to improve diets and 
    promote health, including through demonstration projects that may 
    include evaluation of the use of portion size, labeling, 
    convenience, and other strategies to encourage healthy choices; and
        (3) encourage adoption of the most effective strategies through 
    outreach and technical assistance.
    (c) Authority.--In carrying out the program under subsection (a), 
the Secretary may--
        (1) enter into competitively awarded contracts or cooperative 
    agreements; or
        (2) provide grants to States or public or private agencies or 
    organizations, as determined by the Secretary.
    (d) Application.--To be eligible to enter into a contract or 
cooperative agreement or receive a grant under this section, a State or 
public or private agency or organization shall submit to the Secretary 
an application at such time, in such manner, and containing such 
information as the Secretary may require.
    (e) Coordination.--The solicitation and evaluation of contracts, 
cooperative agreements, and grant proposals considered under this 
section shall be coordinated with the Food and Nutrition Service as 
appropriate to ensure that funded projects are consistent with the 
operations of Federally supported nutrition assistance programs and 
related laws (including regulations).
    (f) Annual Reports.--Not later than 90 days after the end of each 
fiscal year, the Secretary shall submit to the Committee on Agriculture 
of the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report that includes a 
description of--
        (1) the policies, priorities, and operations of the program 
    carried out by the Secretary under this section during the fiscal 
    year;
        (2) the results of any evaluations completed during the fiscal 
    year; and
        (3) the efforts undertaken to disseminate successful practices 
    through outreach and technical assistance.
    (g) Authorization of Appropriations.--
        (1) In general.--There are authorized to be appropriated to 
    carry out this section such sums as are necessary for each of 
    fiscal years 2011 through 2015.
        (2) Use of funds.--The Secretary may use up to 5 percent of the 
    funds made available under paragraph (1) for Federal administrative 
    expenses incurred in carrying out this section.

 TITLE III--IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD NUTRITION 
                                PROGRAMS
               Subtitle A--National School Lunch Program

    SEC. 301. PRIVACY PROTECTION.
    Section 9(d)(1) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(d)(1)) is amended--
        (1) in the first sentence, by inserting ``the last 4 digits 
    of'' before ``the social security account number''; and
        (2) by striking the second sentence.
    SEC. 302. APPLICABILITY OF FOOD SAFETY PROGRAM ON ENTIRE SCHOOL 
      CAMPUS.
    Section 9(h)(5) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(h)(5)) is amended--
        (1) by striking ``Each school food'' and inserting the 
    following:
            ``(A) In general.--Each school food''; and
        (2) by adding at the end the following:
            ``(B) Applicability.--Subparagraph (A) shall apply to any 
        facility or part of a facility in which food is stored, 
        prepared, or served for the purposes of the school nutrition 
        programs under this Act or section 4 of the Child Nutrition Act 
        of 1966 (42 U.S.C. 1773).''.
    SEC. 303. FINES FOR VIOLATING PROGRAM REQUIREMENTS.
    Section 22 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769c) is amended by adding at the end the following:
    ``(e) Fines for Violating Program Requirements.--
        ``(1) School food authorities and schools.--
            ``(A) In general.--The Secretary shall establish criteria 
        by which the Secretary or a State agency may impose a fine 
        against any school food authority or school administering a 
        program authorized under this Act or the Child Nutrition Act of 
        1966 (42 U.S.C. 1771 et seq.) if the Secretary or the State 
        agency determines that the school food authority or school 
        has--
                ``(i) failed to correct severe mismanagement of the 
            program;
                ``(ii) disregarded a program requirement of which the 
            school food authority or school had been informed; or
                ``(iii) failed to correct repeated violations of 
            program requirements.
            ``(B) Limits.--
                ``(i) In general.--In calculating the fine for a school 
            food authority or school, the Secretary shall base the 
            amount of the fine on the reimbursement earned by school 
            food authority or school for the program in which the 
            violation occurred.
                ``(ii) Amount.--The amount under clause (i) shall not 
            exceed--

                    ``(I) 1 percent of the amount of meal 
                reimbursements earned for the fiscal year for the first 
                finding of 1 or more program violations under 
                subparagraph (A);
                    ``(II) 5 percent of the amount of meal 
                reimbursements earned for the fiscal year for the 
                second finding of 1 or more program violations under 
                subparagraph (A); and
                    ``(III) 10 percent of the amount of meal 
                reimbursements earned for the fiscal year for the third 
                or subsequent finding of 1 or more program violations 
                under subparagraph (A).

        ``(2) State agencies.--
            ``(A) In general.--The Secretary shall establish criteria 
        by which the Secretary may impose a fine against any State 
        agency administering a program authorized under this Act or the 
        Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) if the 
        Secretary determines that the State agency has--
                ``(i) failed to correct severe mismanagement of the 
            program;
                ``(ii) disregarded a program requirement of which the 
            State had been informed; or
                ``(iii) failed to correct repeated violations of 
            program requirements.
            ``(B) Limits.--In the case of a State agency, the amount of 
        a fine under subparagraph (A) shall not exceed--
                ``(i) 1 percent of funds made available under section 
            7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) 
            for State administrative expenses during a fiscal year for 
            the first finding of 1 or more program violations under 
            subparagraph (A);
                ``(ii) 5 percent of funds made available under section 
            7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)) 
            for State administrative expenses during a fiscal year for 
            the second finding of 1 or more program violations under 
            subparagraph (A); and
                ``(iii) 10 percent of funds made available under 
            section 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 
            1776(a)) for State administrative expenses during a fiscal 
            year for the third or subsequent finding of 1 or more 
            program violations under subparagraph (A).
        ``(3) Source of funding.--Funds to pay a fine imposed under 
    paragraph (1) or (2) shall be derived from non-Federal sources.''.
    SEC. 304. INDEPENDENT REVIEW OF APPLICATIONS.
    Section 22(b) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769c(b)) is amended by adding at the end the following:
        ``(6) Eligibility determination review for selected local 
    educational agencies.--
            ``(A) In general.--A local educational agency that has 
        demonstrated a high level of, or a high risk for, 
        administrative error associated with certification, 
        verification, and other administrative processes, as determined 
        by the Secretary, shall ensure that the initial eligibility 
        determination for each application is reviewed for accuracy 
        prior to notifying a household of the eligibility or 
        ineligibility of the household for free or reduced price meals.
            ``(B) Timeliness.--The review of initial eligibility 
        determinations--
                ``(i) shall be completed in a timely manner; and
                ``(ii) shall not result in the delay of an eligibility 
            determination for more than 10 operating days after the 
            date on which the application is submitted.
            ``(C) Acceptable types of review.--Subject to standards 
        established by the Secretary, the system used to review 
        eligibility determinations for accuracy shall be conducted by 
        an individual or entity that did not make the initial 
        eligibility determination.
            ``(D) Notification of household.--Once the review of an 
        eligibility determination has been completed under this 
        paragraph, the household shall be notified immediately of the 
        determination of eligibility or ineligibility for free or 
        reduced price meals.
            ``(E) Reporting.--
                ``(i) Local educational agencies.--In accordance with 
            procedures established by the Secretary, each local 
            educational agency required to review initial eligibility 
            determinations shall submit to the relevant State agency a 
            report describing the results of the reviews, including--

                    ``(I) the number and percentage of reviewed 
                applications for which the eligibility determination 
                was changed and the type of change made; and
                    ``(II) such other information as the Secretary 
                determines to be necessary.

                ``(ii) State agencies.--In accordance with procedures 
            established by the Secretary, each State agency shall 
            submit to the Secretary a report describing the results of 
            the reviews of initial eligibility determinations, 
            including--

                    ``(I) the number and percentage of reviewed 
                applications for which the eligibility determination 
                was changed and the type of change made; and
                    ``(II) such other information as the Secretary 
                determines to be necessary.

                ``(iii) Transparency.--The Secretary shall publish 
            annually the results of the reviews of initial eligibility 
            determinations by State, number, percentage, and type of 
            error.''.
    SEC. 305. PROGRAM EVALUATION.
    Section 28 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769i) is amended by adding at the end the following:
    ``(c) Cooperation With Program Research and Evaluation.--States, 
State educational agencies, local educational agencies, schools, 
institutions, facilities, and contractors participating in programs 
authorized under this Act and the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) shall cooperate with officials and contractors 
acting on behalf of the Secretary, in the conduct of evaluations and 
studies under those Acts.''.
    SEC. 306. PROFESSIONAL STANDARDS FOR SCHOOL FOOD SERVICE.
    Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is 
amended by striking subsection (g) and inserting the following:
    ``(g) Professional Standards for School Food Service.--
        ``(1) Criteria for school food service and state agency 
    directors.--
            ``(A) School food service directors.--
                ``(i) In general.--The Secretary shall establish a 
            program of required education, training, and certification 
            for all school food service directors responsible for the 
            management of a school food authority.
                ``(ii) Requirements.--The program shall include--

                    ``(I) minimum educational requirements necessary to 
                successfully manage the school lunch program 
                established under the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.) and the 
                school breakfast program established by section 4 of 
                this Act;
                    ``(II) minimum program training and certification 
                criteria for school food service directors; and
                    ``(III) minimum periodic training criteria to 
                maintain school food service director certification.

            ``(B) School nutrition state agency directors.--The 
        Secretary shall establish criteria and standards for States to 
        use in the selection of State agency directors with 
        responsibility for the school lunch program established under 
        the Richard B. Russell National School Lunch Act (42 U.S.C. 
        1751 et seq.) and the school breakfast program established by 
        section 4 of this Act.
            ``(C) Training program partnership.--The Secretary may 
        provide financial and other assistance to 1 or more 
        professional food service management organizations--
                ``(i) to establish and manage the program under this 
            paragraph; and
                ``(ii) to develop voluntary training and certification 
            programs for other school food service workers.
            ``(D) Required date of compliance.--
                ``(i) School food service directors.--The Secretary 
            shall establish a date by which all school food service 
            directors whose local educational agencies are 
            participating in the school lunch program established under 
            the Richard B. Russell National School Lunch Act (42 U.S.C. 
            1751 et seq.) and the school breakfast program established 
            by section 4 of this Act shall be required to comply with 
            the education, training, and certification criteria 
            established in accordance with subparagraph (A).
                ``(ii) School nutrition state agency directors.--The 
            Secretary shall establish a date by which all State 
            agencies shall be required to comply with criteria and 
            standards established in accordance with subparagraph (B) 
            for the selection of State agency directors with 
            responsibility for the school lunch program established 
            under the Richard B. Russell National School Lunch Act (42 
            U.S.C. 1751 et seq.) and the school breakfast program 
            established by section 4 of this Act.
        ``(2) Training and certification of food service personnel.--
            ``(A) Training for individuals conducting or overseeing 
        administrative procedures.--
                ``(i) In general.--At least annually, each State shall 
            provide training in administrative practices (including 
            training in application, certification, verification, meal 
            counting, and meal claiming procedures) to local 
            educational agency and school food authority personnel and 
            other appropriate personnel.
                ``(ii) Federal role.--The Secretary shall--

                    ``(I) provide training and technical assistance 
                described in clause (i) to the State; or
                    ``(II) at the option of the Secretary, directly 
                provide training and technical assistance described in 
                clause (i).

                ``(iii) Required participation.--In accordance with 
            procedures established by the Secretary, each local 
            educational agency or school food authority shall ensure 
            that an individual conducting or overseeing administrative 
            procedures described in clause (i) receives training at 
            least annually, unless determined otherwise by the 
            Secretary.
            ``(B) Training and certification of all local food service 
        personnel.--
                ``(i) In general.--The Secretary shall provide training 
            designed to improve--

                    ``(I) the accuracy of approvals for free and 
                reduced price meals; and
                    ``(II) the identification of reimbursable meals at 
                the point of service.

                ``(ii) Certification of local personnel.--In accordance 
            with criteria established by the Secretary, local food 
            service personnel shall complete annual training and 
            receive annual certification--

                    ``(I) to ensure program compliance and integrity; 
                and
                    ``(II) to demonstrate competence in the training 
                provided under clause (i).

                ``(iii) Training modules.--In addition to the topics 
            described in clause (i), a training program carried out 
            under this subparagraph shall include training modules on--

                    ``(I) nutrition;
                    ``(II) health and food safety standards and 
                methodologies; and
                    ``(III) any other appropriate topics, as determined 
                by the Secretary.

        ``(3) Funding.--
            ``(A) In general.--Out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary to carry out this subsection, to 
        remain available until expended--
                ``(i) on October 1, 2010, $5,000,000; and
                ``(ii) on each October 1 thereafter, $1,000,000.
            ``(B) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        this subsection the funds transferred under subparagraph (A), 
        without further appropriation.''.
    SEC. 307. INDIRECT COSTS.
    (a) Guidance on Indirect Costs Rules.--Not later than 180 days 
after the date of enactment of this Act, the Secretary shall issue 
guidance to school food authorities participating in the school lunch 
program established under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.) and the school breakfast program 
established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773) covering program rules pertaining to indirect costs, including 
allowable indirect costs that may be charged to the nonprofit school 
food service account.
    (b) Indirect Cost Study.--The Secretary shall--
        (1) conduct a study to assess the extent to which school food 
    authorities participating in the school lunch program established 
    under the Richard B. Russell National School Lunch Act (42 U.S.C. 
    1751 et seq.) and the school breakfast program established by 
    section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) pay 
    indirect costs, including assessments of--
            (A) the allocation of indirect costs to, and the 
        methodologies used to establish indirect cost rates for, school 
        food authorities participating in the school lunch program 
        established under the Richard B. Russell National School Lunch 
        Act (42 U.S.C. 1751 et seq.) and the school breakfast program 
        established by section 4 of the Child Nutrition Act of 1966 (42 
        U.S.C. 1773);
            (B) the impact of indirect costs charged to the nonprofit 
        school food service account;
            (C) the types and amounts of indirect costs charged and 
        recovered by school districts;
            (D) whether the indirect costs charged or recovered are 
        consistent with requirements for the allocation of indirect 
        costs and school food service operations; and
            (E) the types and amounts of indirect costs that could be 
        charged or recovered under requirements for the allocation of 
        indirect costs and school food service operations but are not 
        charged or recovered; and
        (2) after completing the study required under paragraph (1), 
    issue additional guidance relating to the types of costs that are 
    reasonable and necessary to provide meals under the Richard B. 
    Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the 
    Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
    (c) Regulations.--After conducting the study under subsection 
(b)(1) and identifying costs under subsection (b)(2), the Secretary may 
promulgate regulations to address--
        (1) any identified deficiencies in the allocation of indirect 
    costs; and
        (2) the authority of school food authorities to reimburse only 
    those costs identified by the Secretary as reasonable and necessary 
    under subsection (b)(2).
    (d) Report.--Not later than October 1, 2013, the Secretary shall 
submit to the Committee on Education and Labor of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report that describes the results of the study 
under subsection (b).
    (e) Funding.--
        (1) In general.--On October 1, 2010, out of any funds in the 
    Treasury not otherwise appropriated, the Secretary of the Treasury 
    shall transfer to the Secretary to carry out this section 
    $2,000,000, to remain available until expended.
        (2) Receipt and acceptance.--The Secretary shall be entitled to 
    receive, shall accept, and shall use to carry out this section the 
    funds transferred under paragraph (1), without further 
    appropriation.
    SEC. 308. ENSURING SAFETY OF SCHOOL MEALS.
    The Richard B. Russell National School Lunch Act is amended by 
after section 28 (42 U.S.C. 1769i) the following:
  ``SEC. 29. ENSURING SAFETY OF SCHOOL MEALS.
    ``(a) Food and Nutrition Service.--Not later than 1 year after the 
date of enactment of the Healthy, Hunger-Free Kids Act of 2010, the 
Secretary, acting through the Administrator of the Food and Nutrition 
Service, shall--
        ``(1) in consultation with the Administrator of the 
    Agricultural Marketing Service and the Administrator of the Farm 
    Service Agency, develop guidelines to determine the circumstances 
    under which it is appropriate for the Secretary to institute an 
    administrative hold on suspect foods purchased by the Secretary 
    that are being used in school meal programs under this Act and the 
    Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
        ``(2) work with States to explore ways for the States to 
    increase the timeliness of notification of food recalls to schools 
    and school food authorities;
        ``(3) improve the timeliness and completeness of direct 
    communication between the Food and Nutrition Service and States 
    about holds and recalls, such as through the commodity alert system 
    of the Food and Nutrition Service; and
        ``(4) establish a timeframe to improve the commodity hold and 
    recall procedures of the Department of Agriculture to address the 
    role of processors and determine the involvement of distributors 
    with processed products that may contain recalled ingredients, to 
    facilitate the provision of more timely and complete information to 
    schools.
    ``(b) Food Safety and Inspection Service.--Not later than 1 year 
after the date of enactment of the Healthy, Hunger-Free Kids Act of 
2010, the Secretary, acting through the Administrator of the Food 
Safety and Inspection Service, shall revise the procedures of the Food 
Safety and Inspection Service to ensure that schools are included in 
effectiveness checks.''.

                Subtitle B--Summer Food Service Program

    SEC. 321. SUMMER FOOD SERVICE PROGRAM PERMANENT OPERATING 
      AGREEMENTS.
    Section 13(b) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1761(b)) is amended by striking paragraph (3) and inserting 
the following:
        ``(3) Permanent operating agreements and budget for 
    administrative costs.--
            ``(A) Permanent operating agreements.--
                ``(i) In general.--Subject to clauses (ii) and (iii), 
            to participate in the program, a service institution that 
            meets the conditions of eligibility described in this 
            section and in regulations promulgated by the Secretary, 
            shall be required to enter into a permanent agreement with 
            the applicable State agency.
                ``(ii) Amendments.--A permanent agreement described in 
            clause (i) may be amended as necessary to ensure that the 
            service institution is in compliance with all requirements 
            established in this section or by the Secretary.
                ``(iii) Termination.--A permanent agreement described 
            in clause (i)--

                    ``(I) may be terminated for convenience by the 
                service institution and State agency that is a party to 
                the permanent agreement; and
                    ``(II) shall be terminated--

                        ``(aa) for cause by the applicable State agency 
                    in accordance with subsection (q) and with 
                    regulations promulgated by the Secretary; or
                        ``(bb) on termination of participation of the 
                    service institution in the program.
            ``(B) Budget for administrative costs.--
                ``(i) In general.--When applying for participation in 
            the program, and not less frequently than annually 
            thereafter, each service institution shall submit a 
            complete budget for administrative costs related to the 
            program, which shall be subject to approval by the State.
                ``(ii) Amount.--Payment to service institutions for 
            administrative costs shall equal the levels determined by 
            the Secretary pursuant to the study required in paragraph 
            (4).''.
    SEC. 322. SUMMER FOOD SERVICE PROGRAM DISQUALIFICATION.
    Section 13 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1761) is amended--
        (1) by redesignating subsection (q) as subsection (r); and
        (2) by inserting after subsection (p) the following:
    ``(q) Termination and Disqualification of Participating 
Organizations.--
        ``(1) In general.--Each State agency shall follow the 
    procedures established by the Secretary for the termination of 
    participation of institutions under the program.
        ``(2) Fair hearing.--The procedures described in paragraph (1) 
    shall include provision for a fair hearing and prompt determination 
    for any service institution aggrieved by any action of the State 
    agency that affects--
            ``(A) the participation of the service institution in the 
        program; or
            ``(B) the claim of the service institution for 
        reimbursement under this section.
        ``(3) List of disqualified institutions and individuals.--
            ``(A) In general.--The Secretary shall maintain a list of 
        service institutions and individuals that have been terminated 
        or otherwise disqualified from participation in the program 
        under the procedures established pursuant to paragraph (1).
            ``(B) Availability.--The Secretary shall make the list 
        available to States for use in approving or renewing 
        applications by service institutions for participation in the 
        program.''.

             Subtitle C--Child and Adult Care Food Program

    SEC. 331. RENEWAL OF APPLICATION MATERIALS AND PERMANENT OPERATING 
      AGREEMENTS.
    (a) Permanent Operating Agreements.--Section 17(d)(1) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) is 
amended by adding at the end the following:
            ``(E) Permanent operating agreements.--
                ``(i) In general.--Subject to clauses (ii) and (iii), 
            to participate in the child and adult care food program, an 
            institution that meets the conditions of eligibility 
            described in this subsection shall be required to enter 
            into a permanent agreement with the applicable State 
            agency.
                ``(ii) Amendments.--A permanent agreement described in 
            clause (i) may be amended as necessary to ensure that the 
            institution is in compliance with all requirements 
            established in this section or by the Secretary.
                ``(iii) Termination.--A permanent agreement described 
            in clause (i)--

                    ``(I) may be terminated for convenience by the 
                institution or State agency that is a party to the 
                permanent agreement; and
                    ``(II) shall be terminated--

                        ``(aa) for cause by the applicable State agency 
                    in accordance with paragraph (5); or
                        ``(bb) on termination of participation of the 
                    institution in the child and adult care food 
                    program.''.
    (b) Applications and Reviews.--Section 17(d) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1766(d)) is amended by 
striking paragraph (2) and inserting the following:
        ``(2) Program applications.--
            ``(A) In general.--The Secretary shall develop a policy 
        under which each institution providing child care that 
        participates in the program under this section shall--
                ``(i) submit to the State agency an initial application 
            to participate in the program that meets all requirements 
            established by the Secretary by regulation;
                ``(ii) annually confirm to the State agency that the 
            institution, and any facilities of the institution in which 
            the program is operated by a sponsoring organization, is in 
            compliance with subsection (a)(5); and
                ``(iii) annually submit to the State agency any 
            additional information necessary to confirm that the 
            institution is in compliance with all other requirements to 
            participate in the program, as established in this Act and 
            by the Secretary by regulation.
            ``(B) Required reviews of sponsored facilities.--
                ``(i) In general.--The Secretary shall develop a policy 
            under which each sponsoring organization participating in 
            the program under this section shall conduct--

                    ``(I) periodic unannounced site visits at not less 
                than 3-year intervals to sponsored child and adult care 
                centers and family or group day care homes to identify 
                and prevent management deficiencies and fraud and abuse 
                under the program; and
                    ``(II) at least 1 scheduled site visit each year to 
                sponsored child and adult care centers and family or 
                group day care homes to identify and prevent management 
                deficiencies and fraud and abuse under the program and 
                to improve program operations.

                ``(ii) Varied timing.--Sponsoring organizations shall 
            vary the timing of unannounced reviews under clause (i)(I) 
            in a manner that makes the reviews unpredictable to 
            sponsored facilities.
            ``(C) Required reviews of institutions.--The Secretary 
        shall develop a policy under which each State agency shall 
        conduct--
                ``(i) at least 1 scheduled site visit at not less than 
            3-year intervals to each institution under the State agency 
            participating in the program under this section--

                    ``(I) to identify and prevent management 
                deficiencies and fraud and abuse under the program; and
                    ``(II) to improve program operations; and

                ``(ii) more frequent reviews of any institution that--

                    ``(I) sponsors a significant share of the 
                facilities participating in the program;
                    ``(II) conducts activities other than the program 
                authorized under this section;
                    ``(III) has serious management problems, as 
                identified in a prior review, or is at risk of having 
                serious management problems; or
                    ``(IV) meets such other criteria as are defined by 
                the Secretary.

            ``(D) Detection and deterrence of erroneous payments and 
        false claims.--
                ``(i) In general.--The Secretary may develop a policy 
            to detect and deter, and recover erroneous payments to, and 
            false claims submitted by, institutions, sponsored child 
            and adult care centers, and family or group day care homes 
            participating in the program under this section.
                ``(ii) Block claims.--

                    ``(I) Definition of block claim.--In this clause, 
                the term `block claim' has the meaning given the term 
                in section 226.2 of title 7, Code of Federal 
                Regulations (or successor regulations).
                    ``(II) Program edit checks.--The Secretary may not 
                require any State agency, sponsoring organization, or 
                other institution to perform edit checks or on-site 
                reviews relating to the detection of block claims by 
                any child care facility.
                    ``(III) Allowance.--Notwithstanding subclause (II), 
                the Secretary may require any State agency, sponsoring 
                organization, or other institution to collect, store, 
                and transmit to the appropriate entity information 
                necessary to develop any other policy developed under 
                clause (i).''.

    (c) Agreements.--Section 17(j)(1) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766(j)(1)) is amended--
        (1) by striking ``may'' and inserting ``shall'';
        (2) by striking ``family or group day care'' the first place it 
    appears; and
        (3) by inserting ``or sponsored day care centers'' before 
    ``participating''.
    SEC. 332. STATE LIABILITY FOR PAYMENTS TO AGGRIEVED CHILD CARE 
      INSTITUTIONS.
    Section 17(e) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1766(e)) is amended--
        (1) in paragraph (3), by striking ``(3) If a State'' and 
    inserting the following:
        ``(5) Secretarial hearing.--If a State''; and
        (2) by striking ``(e) Except as provided'' and all that follows 
    through ``(2) A State'' and inserting the following:
    ``(e) Hearings.--
        ``(1) In general.--Except as provided in paragraph (4), each 
    State agency shall provide, in accordance with regulations 
    promulgated by the Secretary, an opportunity for a fair hearing and 
    a prompt determination to any institution aggrieved by any action 
    of the State agency that affects--
            ``(A) the participation of the institution in the program 
        authorized by this section; or
            ``(B) the claim of the institution for reimbursement under 
        this section.
        ``(2) Reimbursement.--In accordance with paragraph (3), a State 
    agency that fails to meet timeframes for providing an opportunity 
    for a fair hearing and a prompt determination to any institution 
    under paragraph (1) in accordance with regulations promulgated by 
    the Secretary, shall pay, from non-Federal sources, all valid 
    claims for reimbursement to the institution and the facilities of 
    the institution during the period beginning on the day after the 
    end of any regulatory deadline for providing the opportunity and 
    making the determination and ending on the date on which a hearing 
    determination is made.
        ``(3) Notice to state agency.--The Secretary shall provide 
    written notice to a State agency at least 30 days prior to imposing 
    any liability for reimbursement under paragraph (2).
        ``(4) Federal audit determination.--A State''.
    SEC. 333. TRANSMISSION OF INCOME INFORMATION BY SPONSORED FAMILY OR 
      GROUP DAY CARE HOMES.
    Section 17(f)(3)(A)(iii)(III) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(III)) is amended by 
adding at the end the following:
                        ``(dd) Transmission of income information by 
                    sponsored family or group day care homes.--If a 
                    family or group day care home elects to be provided 
                    reimbursement factors described in subclause (II), 
                    the family or group day care home may assist in the 
                    transmission of necessary household income 
                    information to the family or group day care home 
                    sponsoring organization in accordance with the 
                    policy described in item (ee).
                        ``(ee) Policy.--The Secretary shall develop a 
                    policy under which a sponsored family or group day 
                    care home described in item (dd) may, under terms 
                    and conditions specified by the Secretary and with 
                    the written consent of the parents or guardians of 
                    a child in a family or group day care home 
                    participating in the program, assist in the 
                    transmission of the income information of the 
                    family to the family or group day care home 
                    sponsoring organization.''.
    SEC. 334. SIMPLIFYING AND ENHANCING ADMINISTRATIVE PAYMENTS TO 
      SPONSORING ORGANIZATIONS.
    Section 17(f)(3) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766(f)(3)) is amended by striking subparagraph (B) and 
inserting the following:
            ``(B) Administrative funds.--
                ``(i) In general.--In addition to reimbursement factors 
            described in subparagraph (A), a family or group day care 
            home sponsoring organization shall receive reimbursement 
            for the administrative expenses of the sponsoring 
            organization in an amount that is not less than the product 
            obtained each month by multiplying--

                    ``(I) the number of family and group day care homes 
                of the sponsoring organization submitting a claim for 
                reimbursement during the month; by
                    ``(II) the appropriate administrative rate 
                determined by the Secretary.

                ``(ii) Annual adjustment.--The administrative 
            reimbursement levels specified in clause (i) shall be 
            adjusted July 1 of each year to reflect changes in the 
            Consumer Price Index for All Urban Consumers published by 
            the Bureau of Labor Statistics of the Department of Labor 
            for the most recent 12-month period for which such data are 
            available.
                ``(iii) Carryover funds.--The Secretary shall develop 
            procedures under which not more than 10 percent of the 
            amount made available to sponsoring organizations under 
            this section for administrative expenses for a fiscal year 
            may remain available for obligation or expenditure in the 
            succeeding fiscal year.''.
    SEC. 335. CHILD AND ADULT CARE FOOD PROGRAM AUDIT FUNDING.
    Section 17(i) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1766(i)) is amended by striking paragraph (2) and inserting 
the following:
        ``(2) Funding.--
            ``(A) In general.--The Secretary shall make available for 
        each fiscal year to each State agency administering the child 
        and adult care food program, for the purpose of conducting 
        audits of participating institutions, an amount of up to 1.5 
        percent of the funds used by each State in the program under 
        this section, during the second preceding fiscal year.
            ``(B) Additional funding.--
                ``(i) In general.--Subject to clause (ii), for fiscal 
            year 2016 and each fiscal year thereafter, the Secretary 
            may increase the amount of funds made available to any 
            State agency under subparagraph (A), if the State agency 
            demonstrates that the State agency can effectively use the 
            funds to improve program management under criteria 
            established by the Secretary.
                ``(ii) Limitation.--The total amount of funds made 
            available to any State agency under this paragraph shall 
            not exceed 2 percent of the funds used by each State agency 
            in the program under this section, during the second 
            preceding fiscal year.''.
    SEC. 336. REDUCING PAPERWORK AND IMPROVING PROGRAM ADMINISTRATION.
    (a) Definition of Program.--In this section, the term ``program'' 
means the child and adult care food program established under section 
17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 
1766).
    (b) Establishment.--The Secretary, in conjunction with States and 
participating institutions, shall continue to examine the feasibility 
of reducing unnecessary or duplicative paperwork resulting from 
regulations and recordkeeping requirements for State agencies, 
institutions, family and group day care homes, and sponsored centers 
participating in the program.
    (c) Duties.--At a minimum, the examination shall include--
        (1) review and evaluation of the recommendations, guidance, and 
    regulatory priorities developed and issued to comply with section 
    119(i) of the Child Nutrition and WIC Reauthorization Act of 2004 
    (42 U.S.C. 1766 note; Public Law 108-265); and
        (2) examination of additional paperwork and administrative 
    requirements that have been established since February 23, 2007, 
    that could be reduced or simplified.
    (d) Additional Duties.--The Secretary, in conjunction with States 
and institutions participating in the program, may also examine any 
aspect of administration of the program.
    (e) Report.--Not later than 4 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report that 
describes the actions that have been taken to carry out this section, 
including--
        (1) actions taken to address administrative and paperwork 
    burdens identified as a result of compliance with section 119(i) of 
    the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 
    1766 note; Public Law 108-265);
        (2) administrative and paperwork burdens identified as a result 
    of compliance with section 119(i) of that Act for which no 
    regulatory action or policy guidance has been taken;
        (3) additional steps that the Secretary is taking or plans to 
    take to address any administrative and paperwork burdens identified 
    under subsection (c)(2) and paragraph (2), including--
            (A) new or updated regulations, policy, guidance, or 
        technical assistance; and
            (B) a timeframe for the completion of those steps; and
        (4) recommendations to Congress for modifications to existing 
    statutory authorities needed to address identified administrative 
    and paperwork burdens.
    SEC. 337. STUDY RELATING TO THE CHILD AND ADULT CARE FOOD PROGRAM.
    (a) Study.--The Secretary, acting through the Administrator of the 
Food and Nutrition Service, shall carry out a study of States 
participating in an afterschool supper program under the child and 
adult care food program established under section 17(r) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1766(r)).
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress, and make available on 
the website of the Food and Nutrition Service, a report that 
describes--
        (1) best practices of States in soliciting sponsors for an 
    afterschool supper program described in subsection (a); and
        (2) any Federal or State laws or requirements that may be a 
    barrier to participation in the program.

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

    SEC. 351. SHARING OF MATERIALS WITH OTHER PROGRAMS.
    Section 17(e)(3) of the Child Nutrition Act (42 U.S.C. 1786(e)(3)) 
is amended by striking subparagraph (B) and inserting the following:
            ``(B) Sharing of materials with other programs.--
                ``(i) Commodity supplemental food program.--The 
            Secretary may provide, in bulk quantity, nutrition 
            education materials (including materials promoting 
            breastfeeding) developed with funds made available for the 
            program authorized under this section to State agencies 
            administering the commodity supplemental food program 
            established under section 5 of the Agriculture and Consumer 
            Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-
            86) at no cost to that program.
                ``(ii) Child and adult care food program.--A State 
            agency may allow the local agencies or clinics under the 
            State agency to share nutrition educational materials with 
            institutions participating in the child and adult care food 
            program established under section 17 of the Richard B. 
            Russell National School Lunch Act (42 U.S.C. 1766) at no 
            cost to that program, if a written materials sharing 
            agreement exists between the relevant agencies.''.
    SEC. 352. WIC PROGRAM MANAGEMENT.
    (a) WIC Evaluation Funds.--Section 17(g)(5) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(g)(5)) is amended by striking 
``$5,000,000'' and inserting ``$15,000,000''.
    (b) WIC Rebate Payments.--Section 17(h)(8) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(h)(8)) is amended by adding at the end the 
following:
            ``(K) Reporting.--Effective beginning October 1, 2011, each 
        State agency shall report rebate payments received from 
        manufacturers in the month in which the payments are received, 
        rather than in the month in which the payments were earned.''.
    (c) Cost Containment Measure.--Section 17(h) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(h)) is amended--
        (1) in paragraph (8)(A)(iv)(III), by striking ``Any'' and 
    inserting ``Except as provided in paragraph (9)(B)(i)(II), any''; 
    and
        (2) by striking paragraph (9) and inserting the following:
        ``(9) Cost containment measure.--
            ``(A) Definition of cost containment measure.--In this 
        subsection, the term `cost containment measure' means a 
        competitive bidding, rebate, direct distribution, or home 
        delivery system implemented by a State agency as described in 
        the approved State plan of operation and administration of the 
        State agency.
            ``(B) Solicitation and rebate billing requirements.--Any 
        State agency instituting a cost containment measure for any 
        authorized food, including infant formula, shall--
                ``(i) in the bid solicitation--

                    ``(I) identify the composition of State alliances 
                for the purposes of a cost containment measure; and
                    ``(II) verify that no additional States shall be 
                added to the State alliance between the date of the bid 
                solicitation and the end of the contract;

                ``(ii) have a system to ensure that rebate invoices 
            under competitive bidding provide a reasonable estimate or 
            an actual count of the number of units sold to participants 
            in the program under this section;
                ``(iii) open and read aloud all bids at a public 
            proceeding on the day on which the bids are due; and
                ``(iv) unless otherwise exempted by the Secretary, 
            provide a minimum of 30 days between the publication of the 
            solicitation and the date on which the bids are due.
            ``(C) State alliances for authorized foods other than 
        infant formula.--Program requirements relating to the size of 
        State alliances under paragraph (8)(A)(iv) shall apply to cost 
        containment measures established for any authorized food under 
        this section.''.
    (d) Electronic Benefit Transfer.--Section 17(h) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by striking 
paragraph (12) and inserting the following:
        ``(12) Electronic benefit transfer.--
            ``(A) Definitions.--In this paragraph:
                ``(i) Electronic benefit transfer.--The term 
            `electronic benefit transfer' means a food delivery system 
            that provides benefits using a card or other access device 
            approved by the Secretary that permits electronic access to 
            program benefits.
                ``(ii) Program.--The term `program' means the special 
            supplemental nutrition program established by this section.
            ``(B) Requirements.--
                ``(i) In general.--Not later than October 1, 2020, each 
            State agency shall be required to implement electronic 
            benefit transfer systems throughout the State, unless the 
            Secretary grants an exemption under subparagraph (C) for a 
            State agency that is facing unusual barriers to implement 
            an electronic benefit transfer system.
                ``(ii) Responsibility.--The State agency shall be 
            responsible for the coordination and management of the 
            electronic benefit transfer system of the agency.
            ``(C) Exemptions.--
                ``(i) In general.--To be eligible for an exemption from 
            the statewide implementation requirements of subparagraph 
            (B)(i), a State agency shall demonstrate to the 
            satisfaction of the Secretary 1 or more of the following:

                    ``(I) There are unusual technological barriers to 
                implementation.
                    ``(II) Operational costs are not affordable within 
                the nutrition services and administration grant of the 
                State agency.
                    ``(III) It is in the best interest of the program 
                to grant the exemption.

                ``(ii) Specific date.--A State agency requesting an 
            exemption under clause (i) shall specify a date by which 
            the State agency anticipates statewide implementation 
            described in subparagraph (B)(i).
            ``(D) Reporting.--
                ``(i) In general.--Each State agency shall submit to 
            the Secretary electronic benefit transfer project status 
            reports to demonstrate the progress of the State toward 
            statewide implementation.
                ``(ii) Consultation.--If a State agency plans to 
            incorporate additional programs in the electronic benefit 
            transfer system of the State, the State agency shall 
            consult with the State agency officials responsible for 
            administering the programs prior to submitting the planning 
            documents to the Secretary for approval.
                ``(iii) Requirements.--At a minimum, a status report 
            submitted under clause (i) shall contain--

                    ``(I) an annual outline of the electronic benefit 
                transfer implementation goals and objectives of the 
                State;
                    ``(II) appropriate updates in accordance with 
                approval requirements for active electronic benefit 
                transfer State agencies; and
                    ``(III) such other information as the Secretary may 
                require.

            ``(E) Imposition of costs on vendors.--
                ``(i) Cost prohibition.--Except as otherwise provided 
            in this paragraph, the Secretary may not impose, or allow a 
            State agency to impose, the costs of any equipment or 
            system required for electronic benefit transfers on any 
            authorized vendor in order to transact electronic benefit 
            transfers if the vendor equipment or system is used solely 
            to support the program.
                ``(ii) Cost-sharing.--The Secretary shall establish 
            criteria for cost-sharing by State agencies and vendors of 
            costs associated with any equipment or system that is not 
            solely dedicated to transacting electronic benefit 
            transfers for the program.
                ``(iii) Fees.--

                    ``(I) In general.--A vendor that elects to accept 
                electronic benefit transfers using multifunction 
                equipment shall pay commercial transaction processing 
                costs and fees imposed by a third-party processor that 
                the vendor elects to use to connect to the electronic 
                benefit transfer system of the State.
                    ``(II) Interchange fees.--No interchange fees shall 
                apply to electronic benefit transfer transactions under 
                this paragraph.

                ``(iv) Statewide operations.--After completion of 
            statewide expansion of a system for transaction of 
            electronic benefit transfers--

                    ``(I) a State agency may not be required to incur 
                ongoing maintenance costs for vendors using 
                multifunction systems and equipment to support 
                electronic benefit transfers; and
                    ``(II) any retail store in the State that applies 
                for authorization to become a program vendor shall be 
                required to demonstrate the capability to accept 
                program benefits electronically prior to authorization, 
                unless the State agency determines that the vendor is 
                necessary for participant access.

            ``(F) Minimum lane coverage.--
                ``(i) In general.--The Secretary shall establish 
            minimum lane coverage guidelines for vendor equipment and 
            systems used to support electronic benefit transfers.
                ``(ii) Provision of equipment.--If a vendor does not 
            elect to accept electronic benefit transfers using its own 
            multifunction equipment, the State agency shall provide 
            such equipment as is necessary to solely support the 
            program to meet the established minimum lane coverage 
            guidelines.
            ``(G) Technical standards.--The Secretary shall--
                ``(i) establish technical standards and operating rules 
            for electronic benefit transfer systems; and
                ``(ii) require each State agency, contractor, and 
            authorized vendor participating in the program to 
            demonstrate compliance with the technical standards and 
            operating rules.''.
    (e) Universal Product Codes Database.--Section 17(h) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by striking 
paragraph (13) and inserting the following:
        ``(13) Universal product codes database.--
            ``(A) In general.--Not later than 2 years after the date of 
        enactment of the Healthy, Hunger-Free Kids Act of 2010, the 
        Secretary shall establish a national universal product code 
        database to be used by all State agencies in carrying out the 
        requirements of paragraph (12).
            ``(B) Funding.--
                ``(i) In general.--On October 1, 2010, and on each 
            October 1 thereafter, out of any funds in the Treasury not 
            otherwise appropriated, the Secretary of the Treasury shall 
            transfer to the Secretary to carry out this paragraph 
            $1,000,000, to remain available until expended.
                ``(ii) Receipt and acceptance.--The Secretary shall be 
            entitled to receive, shall accept, and shall use to carry 
            out this paragraph the funds transferred under clause (i), 
            without further appropriation.
                ``(iii) Use of funds.--The Secretary shall use the 
            funds provided under clause (i) for development, hosting, 
            hardware and software configuration, and support of the 
            database required under subparagraph (A).''.
    (f) Temporary Spending Authority.--Section 17(i) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended by adding at the 
end the following:
        ``(8) Temporary spending authority.--During each of fiscal 
    years 2012 and 2013, the Secretary may authorize a State agency to 
    expend more than the amount otherwise authorized under paragraph 
    (3)(C) for expenses incurred under this section for supplemental 
    foods during the preceding fiscal year, if the Secretary determines 
    that--
            ``(A) there has been a significant reduction in reported 
        infant formula cost containment savings for the preceding 
        fiscal year due to the implementation of subsection (h)(8)(K); 
        and
            ``(B) the reduction would affect the ability of the State 
        agency to serve all eligible participants.''.

                       Subtitle E--Miscellaneous

    SEC. 361. FULL USE OF FEDERAL FUNDS.
    Section 12 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Agreements.--
        ``(1) In general.--The Secretary shall incorporate, in the 
    agreement of the Secretary with the State agencies administering 
    programs authorized under this Act or the Child Nutrition Act of 
    1966 (42 U.S.C. 1771 et seq.), the express requirements with 
    respect to the operation of the programs to the extent applicable 
    and such other provisions as in the opinion of the Secretary are 
    reasonably necessary or appropriate to effectuate the purposes of 
    this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
    seq.).
        ``(2) Expectations for use of funds.--Agreements described in 
    paragraph (1) shall include a provision that--
            ``(A) supports full use of Federal funds provided to State 
        agencies for the administration of programs authorized under 
        this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
        seq.); and
            ``(B) excludes the Federal funds from State budget 
        restrictions or limitations including, at a minimum--
                ``(i) hiring freezes;
                ``(ii) work furloughs; and
                ``(iii) travel restrictions.''.
    SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.
    Section 12 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) (as amended by section 206) is amended by adding at the 
end the following:
    ``(r) Disqualified Schools, Institutions, and Individuals.--Any 
school, institution, service institution, facility, or individual that 
has been terminated from any program authorized under this Act or the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and is on a list 
of disqualified institutions and individuals under section 13 or 
section 17(d)(5)(E) of this Act may not be approved to participate in 
or administer any program authorized under this Act or the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).''.

                        TITLE IV--MISCELLANEOUS
           Subtitle A--Reauthorization of Expiring Provisions

          PART I--RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

    SEC. 401. COMMODITY SUPPORT.
    Section 6(e)(1)(B) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking ``September 30, 
2010'' and inserting ``September 30, 2020''.
    SEC. 402. FOOD SAFETY AUDITS AND REPORTS BY STATES.
    Section 9(h) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(h)) is amended--
        (1) in paragraph (3), by striking ``2006 through 2010'' and 
    inserting ``2011 through 2015''; and
        (2) in paragraph (4), by striking ``2006 through 2010'' and 
    inserting ``2011 through 2015''.
    SEC. 403. PROCUREMENT TRAINING.
    Section 12(m)(4) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1760(m)(4)) is amended by striking ``2005 through 2009'' 
and inserting ``2010 through 2015''.
    SEC. 404. AUTHORIZATION OF THE SUMMER FOOD SERVICE PROGRAM FOR 
      CHILDREN.
    Subsection (r) of section 13 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1761) (as redesignated by section 322(1)) 
is amended by striking ``September 30, 2009'' and inserting ``September 
30, 2015''.
    SEC. 405. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES.
    Subsection (i)(5) of section 18 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769) (as redesignated by section 243(1)) 
is amended by striking ``2005 through 2010'' and inserting ``2011 
through 2015''.
    SEC. 406. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE 
      MANAGEMENT INSTITUTE.
    Section 21(e) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769b-1(e)) is amended--
        (1) by striking ``(e) Authorization of Appropriations'' and all 
    that follows through the end of paragraph (2)(A) and inserting the 
    following:
    ``(e) Food Service Management Institute.--
        ``(1) Funding.--
            ``(A) In general.--In addition to any amounts otherwise 
        made available for fiscal year 2011, on October 1, 2010, and 
        each October 1 thereafter, out of any funds in the Treasury not 
        otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary to carry out subsection (a)(2) 
        $5,000,000, to remain available until expended.
            ``(B) Receipt and acceptance.--The Secretary shall be 
        entitled to receive, shall accept, and shall use to carry out 
        subsection (a)(2) the funds transferred under subparagraph (A), 
        without further appropriation.'';
        (2) by redesignating subparagraphs (B) and (C) as paragraphs 
    (2) and (3), respectively, and indenting appropriately;
        (3) in paragraph (2) (as so redesignated), by striking 
    ``subparagraph (A)'' each place it appears and inserting 
    ``paragraph (1)''; and
        (4) in paragraph (3) (as so redesignated), by striking 
    ``subparagraphs (A) and (B)'' and inserting ``paragraphs (1) and 
    (2)''.
    SEC. 407. FEDERAL ADMINISTRATIVE SUPPORT.
    Section 21(g)(1)(A)) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769b-1(g)(1)(A)) is amended--
        (1) in clause (i), by striking ``and'' at the end;
        (2) in clause(ii), by striking the period at the end and 
    inserting ``; and''
        (3) and by adding at the end the following:
                ``(iii) on October 1, 2010, and every October 1 
            thereafter, $4,000,000.''.
    SEC. 408. COMPLIANCE AND ACCOUNTABILITY.
    Section 22(d) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769c(d)) is amended by striking ``$6,000,000 for each of 
fiscal years 2004 through 2009'' and inserting ``$10,000,000 for each 
of fiscal years 2011 through 2015''.
    SEC. 409. INFORMATION CLEARINGHOUSE.
    Section 26(d) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769g(d)) is amended in the first sentence by striking 
``2005 through 2010'' and inserting ``2010 through 2015''.

                  PART II--CHILD NUTRITION ACT OF 1966

    SEC. 421. TECHNOLOGY INFRASTRUCTURE IMPROVEMENT.
    Section 7(i)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 
1776(i)(4)) is amended by striking ``2005 through 2009'' and inserting 
``2010 through 2015''.
    SEC. 422. STATE ADMINISTRATIVE EXPENSES.
    Section 7(j) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(j)) 
is amended by striking ``October 1, 2009'' and inserting ``October 1, 
2015''.
    SEC. 423. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, 
      INFANTS, AND CHILDREN.
    Section 17(g)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(g)(1)(A)) is amended by striking ``each of fiscal years 2004 
through 2009'' and inserting ``each of fiscal years 2010 through 
2015''.
    SEC. 424. FARMERS MARKET NUTRITION PROGRAM.
    Section 17(m)(9) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(m)(9)) is amended by striking subparagraph (A) and inserting the 
following:
            ``(A) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 2010 through 
        2015.''.

                    Subtitle B--Technical Amendments

    SEC. 441. TECHNICAL AMENDMENTS.
    (a) Richard B. Russell National School Lunch Act.--
        (1) Nutritional requirements.--Section 9(f) of the Richard B. 
    Russell National School Lunch Act (42 U.S.C. 1758(f)) is amended--
            (A) by striking ``(f)'' and all that follows through the 
        end of paragraph (1) and inserting the following:
    ``(f) Nutritional Requirements.--
        ``(1) In general.--Schools that are participating in the school 
    lunch program or school breakfast program shall serve lunches and 
    breakfasts that--
            ``(A) are consistent with the goals of the most recent 
        Dietary Guidelines for Americans published under section 301 of 
        the National Nutrition Monitoring and Related Research Act of 
        1990 (7 U.S.C. 5341); and
            ``(B) consider the nutrient needs of children who may be at 
        risk for inadequate food intake and food insecurity.'';
            (B) by striking paragraph (2); and
            (C) by redesignating paragraphs (3) through (5) as 
        paragraphs (2) through (4), respectively.
        (2) Rounding rules for computation of adjustment.--Section 
    11(a)(3)(B) of the Richard B. Russell National School Lunch Act (42 
    U.S.C. 1759a(a)(3)(B)) is amended by striking ``Rounding.--'' and 
    all that follows through ``On July'' in subclause (II) and 
    inserting ``Rounding.--On July''.
        (3) Information and assistance concerning reimbursement 
    options.--Section 11 of the Richard B. Russell National School 
    Lunch Act (42 U.S.C. 1759a) is amended by striking subsection (f).
        (4) 1995 regulations to implement dietary guidelines.--Section 
    12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 
    1760) is amended by striking subsection (k).
        (5) Summer food service program for children.--
            (A) In general.--Section 13 of the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1761) is amended by 
        striking the section heading and all that follows through the 
        end of subsection (a)(1) and inserting the following:
  ``SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
    ``(a) In General.--
        ``(1) Definitions.--In this section:
            ``(A) Area in which poor economic conditions exist.--
                ``(i) In general.--Subject to clause (ii), the term 
            `area in which poor economic conditions exist', as the term 
            relates to an area in which a program food service site is 
            located, means--

                    ``(I) the attendance area of a school in which at 
                least 50 percent of the enrolled children have been 
                determined eligible for free or reduced price school 
                meals under this Act and the Child Nutrition Act of 
                1966 (42 U.S.C. 1771 et seq.);
                    ``(II) a geographic area, as defined by the 
                Secretary based on the most recent census data 
                available, in which at least 50 percent of the children 
                residing in that area are eligible for free or reduced 
                price school meals under this Act and the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
                    ``(III) an area--

                        ``(aa) for which the program food service site 
                    documents the eligibility of enrolled children 
                    through the collection of income eligibility 
                    statements from the families of enrolled children 
                    or other means; and
                        ``(bb) at least 50 percent of the children 
                    enrolled at the program food service site meet the 
                    income standards for free or reduced price school 
                    meals under this Act and the Child Nutrition Act of 
                    1966 (42 U.S.C. 1771 et seq.);

                    ``(IV) a geographic area, as defined by the 
                Secretary based on information provided from a 
                department of welfare or zoning commission, in which at 
                least 50 percent of the children residing in that area 
                are eligible for free or reduced price school meals 
                under this Act and the Child Nutrition Act of 1966 (42 
                U.S.C. 1771 et seq.); or
                    ``(V) an area for which the program food service 
                site demonstrates through other means approved by the 
                Secretary that at least 50 percent of the children 
                enrolled at the program food service site are eligible 
                for free or reduced price school meals under this Act 
                and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
                seq.).

                ``(ii) Duration of determination.--A determination that 
            an area is an `area in which poor economic conditions 
            exist' under clause (i) shall be in effect for--

                    ``(I) in the case of an area described in clause 
                (i)(I), 5 years;
                    ``(II) in the case of an area described in clause 
                (i)(II), until more recent census data are available;
                    ``(III) in the case of an area described in clause 
                (i)(III), 1 year; and
                    ``(IV) in the case of an area described in 
                subclause (IV) or (V) of clause (i), a period of time 
                to be determined by the Secretary, but not less than 1 
                year.

            ``(B) Children.--The term `children' means--
                ``(i) individuals who are 18 years of age and under; 
            and
                ``(ii) individuals who are older than 18 years of age 
            who are--

                    ``(I) determined by a State educational agency or a 
                local public educational agency of a State, in 
                accordance with regulations promulgated by the 
                Secretary, to have a disability, and
                    ``(II) participating in a public or nonprofit 
                private school program established for individuals who 
                have a disability.

            ``(C) Program.--The term `program' means the summer food 
        service program for children authorized by this section.
            ``(D) Service institution.--The term `service institution' 
        means a public or private nonprofit school food authority, 
        local, municipal, or county government, public or private 
        nonprofit higher education institution participating in the 
        National Youth Sports Program, or residential public or private 
        nonprofit summer camp, that develops special summer or school 
        vacation programs providing food service similar to food 
        service made available to children during the school year under 
        the school lunch program under this Act or the school breakfast 
        program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 
        et seq.).
            ``(E) State.--The term `State' means--
                ``(i) each of the several States of the United States;
                ``(ii) the District of Columbia;
                ``(iii) the Commonwealth of Puerto Rico;
                ``(iv) Guam;
                ``(v) American Samoa;
                ``(vi) the Commonwealth of the Northern Mariana 
            Islands; and
                ``(vii) the United States Virgin Islands.''.
            (B) Conforming amendments.--Section 13(a) of the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1761(a)) is 
        amended--
                (i) in paragraph (2)--

                    (I) by striking ``(2) To the maximum extent 
                feasible,'' and inserting the following:

        ``(2) Program authorization.--
            ``(A) In general.--The Secretary may carry out a program to 
        assist States, through grants-in-aid and other means, to 
        initiate and maintain nonprofit summer food service programs 
        for children in service institutions.
            ``(B) Preparation of food.--
                ``(i) In general.--To the maximum extent feasible,''; 
            and

                    (II) by striking ``The Secretary shall'' and 
                inserting the following:

                ``(ii) Information and technical assistance.--The 
            Secretary shall'';
                (ii) in paragraph (3)--

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

        ``(3) Eligible service institutions.--Eligible service 
    institutions''; and

                    (II) by indenting subparagraphs (A) through (D) 
                appropriately;

                (iii) in paragraph (4)--

                    (I) by redesignating subparagraphs (A) through (D) 
                as clauses (i) through (iv), respectively, and 
                indenting appropriately;
                    (II) by striking ``(4) The following'' and 
                inserting the following:

        ``(4) Priority.--
            ``(A) In general.--The following''; and

                    (III) by striking ``The Secretary and the States'' 
                and inserting the following:

            ``(B) Rural areas.--The Secretary and the States'';
                (iv) by striking ``(5) Camps'' and inserting the 
            following:
        ``(5) Camps.--Camps''; and
                (v) by striking ``(6) Service institutions'' and 
            inserting the following:
        ``(6) Government institutions.--Service institutions''.
        (6) Report on impact of procedures to secure state school input 
    on commodity selection.--Section 14(d) of the Richard B. Russell 
    National School Lunch Act (42 U.S.C. 1762a(d)) is amended by 
    striking the matter that follows paragraph (5).
        (7) Rural area day care home pilot program.--Section 17 of the 
    Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is 
    amended by striking subsection (p).
        (8) Child and adult care food program training and technical 
    assistance.--Section 17(q) of the Richard B. Russell National 
    School Lunch Act (42 U.S.C. 1766(q)) is amended by striking 
    paragraph (3).
        (9) Pilot project for private nonprofit state agencies.--
    Section 18 of the Richard B. Russell National School Lunch Act (42 
    U.S.C. 1769) is amended by striking subsection (a).
        (10) Meal counting and application pilot programs.--Section 
    18(c) of the Richard B. Russell National School Lunch Act (42 
    U.S.C. 1769(c)) is amended--
            (A) by striking paragraphs (1) and (2);
            (B) by redesignating paragraphs (3) and (4) as paragraphs 
        (1) and (2), respectively; and
            (C) in paragraph (1) (as so redesignated), by striking ``In 
        addition to the pilot projects described in this subsection, 
        the Secretary may conduct other'' and inserting ``The Secretary 
        may conduct''.
        (11) Milk fortification pilot.--Section 18 of the Richard B. 
    Russell National School Lunch Act (42 U.S.C. 1769) is amended by 
    striking subsection (d).
        (12) Free breakfast pilot project.--Section 18 of the Richard 
    B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by 
    striking subsection (e).
        (13) Summer food service residential camp eligibility.--Section 
    18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 
    1769) is amended by striking subsection (f).
        (14) Accommodation of the special dietary needs of individuals 
    with disabilities.--Section 27 of the Richard B. Russell National 
    School Lunch Act (42 U.S.C. 1769h) is repealed.
    (b) Child Nutrition Act of 1966.--
        (1) State administrative expenses minimum levels for 2005 
    through 2007.--Section 7(a)(1) of the Child Nutrition Act of 1966 
    (42 U.S.C. 1776(a)(1)) is amended--
            (A) in subparagraph (A), by striking ``Except as provided 
        in subparagraph (B), each fiscal year'' and inserting ``Each 
        fiscal year'';
            (B) by striking subparagraph (B); and
            (C) by redesignating subparagraph (C) as subparagraph (B).
        (2) Fruit and vegetable grants under the special supplemental 
    nutrition program for women, infants, and children.--Section 
    17(f)(11) of the Child Nutrition Act of 1966 (42 U.S.C. 
    1786(f)(11)) is amended--
            (A) by striking subparagraph (C); and
            (B) by redesignating subparagraph (D) as subparagraph (C).
    SEC. 442. USE OF UNSPENT FUTURE FUNDS FROM THE AMERICAN RECOVERY 
      AND REINVESTMENT ACT OF 2009.
    Section 101(a) of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 120) is amended--
        (1) in paragraph (1), by inserting before the period at the end 
    ``, if the value of the benefits and block grants would be greater 
    under that calculation than in the absence of this subsection''; 
    and
        (2) by striking paragraph (2) and inserting the following:
        ``(2) Termination.--The authority provided by this subsection 
    shall terminate after October 31, 2013.''.
    SEC. 443. EQUIPMENT ASSISTANCE TECHNICAL CORRECTION.
    (a) In General.--Notwithstanding any other provision of law, school 
food authorities that received a grant for equipment assistance under 
the grant program carried out under the heading ``FOOD AND NUTRITION 
SERVICE CHILD NUTRITION PROGRAMS'' in title I of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 
Stat. 119) shall be eligible to receive a grant under section 749(j) of 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2010 (Public Law 111-80; 123 Stat. 
2134).
    (b) Use of Grant.--A school food authority receiving a grant for 
equipment assistance described in subsection (a) may use the grant only 
to make equipment available to schools that did not previously receive 
equipment from a grant under the American Recovery and Reinvestment Act 
of 2009 (Public Law 111-5; 123 Stat. 115).
    SEC. 444. BUDGETARY EFFECTS.
    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
    SEC. 445. EFFECTIVE DATE.
    Except as otherwise specifically provided in this Act or any of the 
amendments made by this Act, this Act and the amendments made by this 
Act take effect on October 1, 2010.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.