HEALTHY, HUNGER-FREE KIDS ACT OF 2010
Public Law 111–296, as amended
HEALTHY, HUNGER-FREE KIDS ACT OF 2010
296
111–296
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Healthy, Hunger-Free Kids Act of 2010
10332
111
2010-12-13
HEALTHY, HUNGER-FREE KIDS ACT OF 2010
[Public Law 111–296; Enacted Dec. 13, 2010]
[As Amended Through P.L. 111–296, Effective Dec. 13, 2010]
[Currency: This publication is a compilation of the text of Public Law 111–296. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

TABLE OF CONTENTS1
^1
This table of contents is not part of the Act but is included for user convenience.
TITLE I—
A PATH TO END CHILDHOOD HUNGER
Subtitle E—
Miscellaneous
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 B—
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 D—
Miscellaneous
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. 307.
Indirect costs.
Subtitle C—
Child and Adult Care Food Program
Sec. 336.
Reducing paperwork and improving program administration.
Sec. 337.
Study relating to the child and adult care food program.
TITLE IV—
MISCELLANEOUS
Subtitle B—
Technical Amendments
Sec. 443.
Equipment assistance technical correction.
Sec. 444.
Budgetary effects.
Sec. 445.
Effective date.
TITLE I—

A PATH TO END CHILDHOOD HUNGER
* * * * * * *
Subtitle E—

Miscellaneous
* * * * * * *
SEC. 143.
[42 U.S.C. 1758 note]

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 B—

Child and Adult Care Food Program
* * * * * * *
SEC. 222.
[42 U.S.C. 1766 note]

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 D—

Miscellaneous
* * * * * * *
SEC. 244.
[7 U.S.C. 3179]

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. 307.
[42 U.S.C. 1751 note]

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.
* * * * * * *
Subtitle C—

Child and Adult Care Food Program
* * * * * * *
SEC. 336.
[42 U.S.C. 1766 note]

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.
* * * * * * *
TITLE IV—

MISCELLANEOUS
* * * * * * *
Subtitle B—

Technical Amendments
* * * * * * *
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.
[42 U.S.C. 1751 note]

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.