    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-296
    111th Congress

    An Act

    To reauthorize child nutrition programs, and for other
    purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This Act may be cited
    as the ``Healthy, Hunger-Free Kids Act of 2010''.

    (b) Table of Contents.--The table of contents for this Act is as
    follows:

    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.

    [[Page 3184]]

    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.

    [[Page 3185]]

    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)--

    [[Page 3186]]

    ``(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.--

    [[Page 3187]]

    ``(I) In general.--A State that is
    required to develop and implement a
    continuous improvement plan under clause
    (ii)(II) shall be required to submit the
    continuous improvement plan to the
    Secretary, for the approval of the
    Secretary.
    ``(II) Requirements.--At a minimum,
    a continuous improvement plan under
    subclause (I) shall include--
    ``(aa) specific measures
    that the State will use to
    identify more children who are
    eligible for direct
    certification, including
    improvements or modifications to
    technology, information systems,
    or databases;
    ``(bb) a timeline for the
    State to implement those
    measures; and
    ``(cc) goals for the State
    to improve direct certification
    results.''.

    (c) Without Further Application.--Section 9(b)(4) of the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by
    subsection (b)) is amended by adding at the end the following:
    ``(G) Without further application.--
    ``(i) <>  In general.--In
    this paragraph, the term `without further
    application' means that no action is required by
    the household of the child.
    ``(ii) Clarification.--A requirement that a
    household return a letter notifying the household
    of eligibility for direct certification or
    eligibility for free school meals does not meet
    the requirements of clause (i).''.
    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

    [[Page 3188]]

    ``(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

    [[Page 3189]]

    under section 9(b)(1)(A) of this Act and section
    4(e)(1)(A) of the Child Nutrition Act of 1966 (42
    U.S.C. 1773(e)(1)(A)).
    ``(ii) Scope of project.--The Secretary shall
    carry out the demonstration project under this
    subparagraph--
    ``(I) for the school year beginning
    July 1, 2012, in selected local
    educational agencies that collectively
    serve 2.5 percent of students certified
    for free and reduced price meals
    nationwide, based on the most recent
    available data;
    ``(II) for the school year beginning
    July 1, 2013, in selected local
    educational agencies that collectively
    serve 5 percent of students certified
    for free and reduced price meals
    nationwide, based on the most recent
    available data; and
    ``(III) for the school year
    beginning July 1, 2014, and each
    subsequent school year, in selected
    local educational agencies that
    collectively serve 10 percent of
    students certified for free and reduced
    price meals nationwide, based on the
    most recent available data.
    ``(iii) Purposes of the project.--At a
    minimum, the purposes of the demonstration project
    shall be--
    ``(I) to determine the potential of
    direct certification with the Medicaid
    program to reach children who are
    eligible for free meals but not
    certified to receive the meals;
    ``(II) to determine the potential of
    direct certification with the Medicaid
    program to directly certify children who
    are enrolled for free meals based on a
    household application; and
    ``(III) to provide an estimate of
    the effect on Federal costs and on
    participation in the school lunch
    program under this Act and the school
    breakfast program established by section
    4 of the Child Nutrition Act of 1966 (42
    U.S.C. 1773) of direct certification
    with the Medicaid program.
    ``(iv) Cost estimate.--For each of 2 school
    years of the demonstration project, the Secretary
    shall estimate the cost of the direct
    certification of eligible children for free school
    meals through data derived from--
    ``(I) the school meal programs
    authorized under this Act and the Child
    Nutrition Act of 1966 (42 U.S.C. 1771 et
    seq.);
    ``(II) the Medicaid program; and
    ``(III) interviews with a
    statistically representative sample of
    households.
    ``(C) Agreement.--
    ``(i) <>  In general.--Not
    later than July 1 of the first school year during
    which a State agency will participate in the
    demonstration project, the State agency shall
    enter into an agreement with the 1 or more State
    agencies conducting eligibility determinations for
    the Medicaid program.

    [[Page 3190]]

    ``(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.--

    [[Page 3191]]

    ``(i) In general.--Not later than October 1,
    2014, the Secretary shall submit to the Committee
    on Education and Labor of the House of
    Representatives and the Committee on Agriculture,
    Nutrition, and Forestry of the Senate, an interim
    report that describes the results of the
    demonstration project required under this
    paragraph.
    ``(ii) Final report.--Not later than October
    1, 2015, the Secretary shall submit a final report
    to the committees described in clause (i).
    ``(H) Funding.--
    ``(i) <>  In general.--
    On October 1, 2010, out of any funds in the
    Treasury not otherwise appropriated, the Secretary
    of the Treasury shall transfer to the Secretary to
    carry out subparagraph (G) $5,000,000, to remain
    available until expended.
    ``(ii) Receipt and acceptance.--The Secretary
    shall be entitled to receive, shall accept, and
    shall use to carry out subparagraph (G) the funds
    transferred under clause (i), without further
    appropriation.''.

    (b) Documentation.--Section 9(d)(2) of the Richard B. Russell
    National School Lunch Act (42 U.S.C. 1758(d)(2)) (as amended by section
    102(c)) is amended--
    (1) in subparagraph (E), by striking ``or'' at the end;
    (2) in subparagraph (F)(ii), by striking the period at the
    end and inserting ``; or''; and
    (3) by adding at the end the following:
    ``(G) documentation has been provided to the
    appropriate local educational agency showing the status
    of the child as an eligible child (as defined in
    subsection (b)(15)(A)).''.

    (c) Agreement for Direct Certification and Cooperation by State
    Medicaid Agencies.--
    (1) In general.--Section 1902(a)(7) of the Social Security
    Act (42 U.S.C. 1396a(a)(7)) is amended to read as follows:
    ``(7) provide--
    ``(A) safeguards which restrict the use or
    disclosure of information concerning applicants and
    recipients to purposes directly connected with--
    ``(i) the administration of the plan; and
    ``(ii) the exchange of information necessary
    to certify or verify the certification of
    eligibility of children for free or reduced price
    breakfasts under the Child Nutrition Act of 1966
    and free or reduced price lunches under the
    Richard B. Russell National School Lunch Act, in
    accordance with section 9(b) of that Act, using
    data standards and formats established by the
    State agency; and
    ``(B) that, notwithstanding the Express Lane option
    under subsection (e)(13), the State may enter into an
    agreement with the State agency administering the school
    lunch program established under the Richard B. Russell
    National School Lunch Act under which the State shall
    establish procedures to ensure that--
    ``(i) a child receiving medical assistance
    under the State plan under this title whose family
    income does not exceed 133 percent of the poverty
    line (as defined

    [[Page 3192]]

    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

    [[Page 3193]]

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

    [[Page 3194]]

    ``(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.--

    [[Page 3195]]

    ``(I) <>  In
    general.--If, not later than April 1 of
    the fourth year of a 4-year period
    described in clause (ii)(I), a school or
    local educational agency has a
    percentage of enrolled students who are
    identified students that meets or
    exceeds a percentage that is 10
    percentage points lower than the
    threshold described in clause (viii),
    the school or local educational agency
    may elect to receive special assistance
    payments under subclause (II) for an
    additional grace year.
    ``(II) Special assistance payment.--
    For each month of a grace year, special
    assistance payments at the rate for free
    meals shall be made under this
    subparagraph for a percentage of all
    reimbursable meals served in an amount
    equal to the product obtained by
    multiplying--
    ``(aa) the multiplier
    described in clause (vii); by
    ``(bb) the percentage of
    identified students at the
    school or local educational
    agency as of April 1 of the
    prior school year, up to a
    maximum of 100 percent.
    ``(III) Payment for other meals.--
    The percentage of meals served that is
    not described in subclause (II) shall be
    reimbursed at the rate provided under
    section 4.
    ``(vi) Applications.--A school or local
    educational agency that receives special
    assistance payments under this subparagraph may
    not be required to collect applications for free
    and reduced price lunches.
    ``(vii) Multiplier.--
    ``(I) Phase-in.--For each school
    year beginning on or before July 1,
    2013, the multiplier shall be 1.6.
    ``(II) Full implementation.--For
    each school year beginning on or after
    July 1, 2014, the Secretary may use, as
    determined by the Secretary--
    ``(aa) a multiplier between
    1.3 and 1.6; and
    ``(bb) subject to item (aa),
    a different multiplier for
    different schools or local
    educational agencies.
    ``(viii) Threshold.--
    ``(I) Phase-in.--For each school
    year beginning on or before July 1,
    2013, the threshold shall be 40 percent.
    ``(II) Full implementation.--For
    each school year beginning on or after
    July 1, 2014, the Secretary may use a
    threshold that is less than 40 percent.
    ``(ix) Phase-in.--
    ``(I) In general.--In selecting
    States for participation during the
    phase-in period, the Secretary shall
    select States with an adequate number
    and variety of schools and local
    educational agencies that could benefit
    from the option under this subparagraph,
    as determined by the Secretary.

    [[Page 3196]]

    ``(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

    [[Page 3197]]

    ``(dd) each local
    educational agency that meets or
    exceeds a percentage that is 10
    percentage points lower than the
    threshold described in clause
    (viii) that the local
    educational agency may be
    eligible to elect to receive
    special assistance payments
    under clause (iii) if the
    threshold described in clause
    (viii) is met by April 1 of the
    school year or if the threshold
    is met for a subsequent school
    year.
    ``(III) Public notification of local
    educational agencies.--
    Not <>  later than May 1 of each school year
    beginning on or after July 1, 2011, each
    State agency with 1 or more schools or
    local educational agencies eligible to
    elect to receive special assistance
    payments under clause (iii) shall submit
    to the Secretary, and the Secretary
    shall publish, lists of the local
    educational agencies receiving notices
    under subclause (II).

    ``(IV) <>  Public notification of schools.--
    Not later than May 1 of each school year
    beginning on or after July 1, 2011, each
    local educational agency in a State with
    1 or more schools eligible to elect to
    receive special assistance payments
    under clause (iii) shall submit to the
    State agency, and the State agency shall
    publish--
    ``(aa) a list of the schools
    that meet or exceed the
    threshold described in clause
    (viii);
    ``(bb) a list of the schools
    that meet or exceed a percentage
    that is 10 percentage points
    lower than the threshold
    described in clause (viii) and
    that are in the fourth year of
    receiving special assistance
    payments under clause (iv); and
    ``(cc) a list of the schools
    that meet or exceed a percentage
    that is 10 percentage points
    lower than the threshold
    described in clause (viii).
    ``(xi) Implementation.--
    ``(I) <>
    Guidance.--Not later than 90 days after
    the date of enactment of this
    subparagraph, the Secretary shall issue
    guidance to implement this subparagraph.
    ``(II) <>
    Regulations.--Not later than December
    31, 2013, the Secretary shall promulgate
    regulations that establish procedures
    for State agencies, local educational
    agencies, and schools to meet the
    requirements of this subparagraph,
    including exercising the option
    described in this subparagraph.
    ``(III) <>  Publication.--If the Secretary
    uses the authority provided in clause
    (vii)(II)(bb) to use a different
    multiplier for different schools or
    local educational agencies, for each
    school year beginning on or after July
    1, 2014, not later than April 1, 2014,
    the Secretary shall publish on the
    website of the Secretary a table that
    indicates--

    [[Page 3198]]

    ``(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;

    [[Page 3199]]

    ``(dd) the nutritional
    quality of school meals; and
    ``(ee) program
    participation; and
    ``(V) the multiplier and threshold,
    as described in clauses (vii) and (viii)
    respectively, that the Secretary will
    use for each school year beginning on or
    after July 1, 2014 and the rationale for
    any change in the multiplier or
    threshold.
    ``(xiii) Funding.--
    ``(I) <>  In
    general.--On October 1, 2010, out of any
    funds in the Treasury not otherwise
    appropriated, the Secretary of the
    Treasury shall transfer to the Secretary
    to carry out clause (xii) $5,000,000, to
    remain available until September 30,
    2014.
    ``(II) Receipt and acceptance.--The
    Secretary shall be entitled to receive,
    shall accept, and shall use to carry out
    clause (xii) the funds transferred under
    subclause (I), without further
    appropriation.''.
    (2) Conforming amendments.--Section 11(a)(1)(B) of the
    Richard B. Russell National School Lunch Act (42 U.S.C.
    1759a(a)(1)(B)) is amended by striking ``or (E)'' and inserting
    ``(E), or (F)''.

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

    [[Page 3200]]

    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

    [[Page 3201]]

    by category of meals provided by school
    meal programs under this Act or the
    Child Nutrition Act of 1966 (42 U.S.C.
    1771 et seq.) and the use of annual
    applications as the basis for
    eligibility to receive free or reduced
    price meals under those Acts;
    ``(II) the effect of the 1 or more
    methodologies adopted on participation
    in programs under those Acts;
    ``(III) the effect of the 1 or more
    methodologies adopted on administration
    of programs under those Acts; and
    ``(IV) such other matters as the
    Secretary determines to be
    appropriate.''.
    SEC. 105. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS.

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

    [[Page 3202]]

    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

    [[Page 3203]]

    applicable nutritional guidelines and regulations issued by the
    Secretary.

    ``(g) Maintenance of Effort.--Grants made available under this
    section shall not diminish or otherwise affect the expenditure of funds
    from State and local sources for the maintenance of the school breakfast
    program.
    ``(h) Reports.--Not later than 18 months following the end of a
    school year during which subgrants are awarded under this section, the
    Secretary shall submit to Congress a report describing the activities of
    the qualifying schools awarded subgrants.
    ``(i) <>  Evaluation.--Not later than 180 days
    before the end of a grant term under this section, a local educational
    agency that receives a subgrant under this section shall--
    ``(1) evaluate whether electing to provide universal free
    breakfasts under the school breakfast program in accordance with
    Provision 2 as established under subsections (b) through (k) of
    section 245.9 of title 7, Code of Federal Regulations (or
    successor regulations), would be cost-effective for the
    qualified schools based on estimated administrative savings and
    economies of scale; and
    ``(2) submit the results of the evaluation to the State
    educational agency.

    ``(j) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section such sums as are necessary for
    each of fiscal years 2010 through 2015.''.

    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.''.

    [[Page 3204]]

    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,

    [[Page 3205]]

    and containing such information as the Secretary may
    require.
    ``(C) Priority.--In making grants under this
    paragraph, the Secretary shall give priority to--
    ``(i) applications from States with
    significant 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.''.

    [[Page 3206]]

    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

    [[Page 3207]]

    ``(ii) childhood hunger and food insecurity
    persist due to--
    ``(I) gaps in program coverage;
    ``(II) the inability of potential
    participants to access programs; or
    ``(III) the insufficiency of program
    benefits or services;
    ``(D) the public health and medical costs of
    childhood hunger and food insecurity;
    ``(E) an estimate of the degree to which the Census
    Bureau measure of food insecurity underestimates
    childhood hunger and food insecurity because the Census
    Bureau excludes certain households, such as homeless, or
    other factors;
    ``(F) the effects of childhood hunger on child
    development, well-being, and educational attainment; and
    ``(G) such other critical outcomes as are determined
    by the Secretary.
    ``(5) Funding.--
    ``(A) <>  In general.--On
    October 1, 2012, out of any funds in the Treasury not
    otherwise appropriated, the Secretary of the Treasury
    shall transfer to the Secretary to carry out this
    subsection $10,000,000, to remain available until
    expended.
    ``(B) Receipt and acceptance.--The Secretary shall
    be entitled to receive, shall accept, and shall use to
    carry out this subsection the funds transferred under
    subparagraph (A), without further appropriation.

    ``(b) Demonstration Projects To End Childhood Hunger.--
    ``(1) Definitions.--In this subsection:
    ``(A) Child.--The term `child' means a person under
    the age of 18.
    ``(B) Supplemental nutrition assistance program.--
    The term `supplemental nutrition assistance program'
    means the supplemental nutrition assistance program
    established under the Food and Nutrition Act of 2008 (7
    U.S.C. 2011 et seq.).
    ``(2) Purpose.--Under such terms and conditions as are
    established by the Secretary, the Secretary shall carry out
    demonstration projects that test innovative strategies to end
    childhood hunger, including alternative models for service
    delivery and benefit levels that promote the reduction or
    elimination of childhood hunger and food insecurity.
    ``(3) Projects.--Demonstration projects carried out under
    this subsection may include projects that--
    ``(A) enhance benefits provided under the
    supplemental nutrition assistance program for eligible
    households with children;
    ``(B) enhance benefits or provide for innovative
    program delivery models in the school meals, afterschool
    snack, and child and adult care food programs under this
    Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771
    et seq.); and
    ``(C) target Federal, State, or local assistance,
    including emergency housing or family preservation
    services, at households with children who are
    experiencing hunger or food insecurity, to the extent
    permitted by the legal

    [[Page 3208]]

    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

    [[Page 3209]]

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

    [[Page 3210]]

    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,

    [[Page 3211]]

    or temporary assistance at households with children who are
    experiencing hunger or food insecurity, to the extent permitted
    by the legal authority establishing those assistance programs
    and services;
    ``(4) enhance outreach to increase access and participation
    in Federal nutrition assistance programs; and
    ``(5) improve the coordination of Federal, State, and
    community resources and services aimed at preventing food
    insecurity and hunger, including through the establishment and
    expansion of State food policy councils.

    ``(d) Grants.--
    ``(1) In general.--In carrying out this section, the
    Secretary may competitively award grants or enter into
    competitively awarded cooperative agreements with Governors for
    use in accordance with demonstration projects that meet the
    purposes of this section.
    ``(2) Application.--To be eligible to receive a grant or
    cooperative agreement under this section, a Governor shall
    submit to the Secretary an application at such time, in such
    manner, and containing such information as the Secretary may
    require.
    ``(3) Selection criteria.--The Secretary shall evaluate
    proposals based on publicly disseminated criteria that may
    include--
    ``(A) an identification of a low-income target group
    that reflects individuals experiencing hunger or food
    insecurity;
    ``(B) a commitment to approaches that allow for a
    rigorous outcome evaluation as described in subsection
    (f);
    ``(C) a comprehensive and innovative strategy to
    reduce the risk of childhood hunger or provide a
    significant improvement to the food security status of
    households with children; and
    ``(D) such other criteria as are determined by the
    Secretary.
    ``(4) Requirements.--Any project funded under this section
    shall provide for--
    ``(A) a baseline assessment, and subsequent annual
    assessments, of the prevalence and severity of very low
    food security among children in the State, based on a
    methodology prescribed by the Secretary;
    ``(B) a collaborative planning process including key
    stakeholders in the State that results in a
    comprehensive agenda to eliminate childhood hunger that
    is--
    ``(i) described in a detailed project plan;
    and
    ``(ii) provided to the Secretary for approval;
    ``(C) an annual budget;
    ``(D) specific performance goals, including the goal
    to sharply reduce or eliminate food insecurity among
    children in the State by 2015, as determined through a
    methodology prescribed by the Secretary and carried out
    by the Governor; and
    ``(E) an independent outcome evaluation of not less
    than 1 major strategy of the project that measures--
    ``(i) the specific impact of the strategy on
    food insecurity among children in the State; and

    [[Page 3212]]

    ``(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

    [[Page 3213]]

    of fiscal years 2011 through 2014, to remain available until
    expended.
    ``(2) Use of funds.--Funds made available under paragraph
    (1) may be used to carry out this section, including to pay
    Federal costs associated with developing, soliciting, awarding,
    monitoring, evaluating, and disseminating the results of each
    demonstration project under this section.
    ``(3) Limitations.--
    ``(A) Duration.--No project may be funded under this
    section for more than 5 years.
    ``(B) Performance basis.--Funds provided under this
    section shall be made available to each Governor on an
    annual basis, with the amount of funds provided for each
    year contingent on the satisfactory implementation of
    the project plan and progress towards the performance
    goals defined in the project year plan.
    ``(C) Altering nutrition assistance program
    requirements.--No project that makes use of, alters, or
    coordinates with the supplemental nutrition assistance
    program may be funded under this section unless the
    project is fully consistent with the project
    requirements described in section 17(b)(1)(B) of the
    Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)).
    ``(D) Other benefits.--Funds made available under
    this section may not be used for any project in a manner
    that is inconsistent with--
    ``(i) this Act;
    ``(ii) the Child Nutrition Act of 1966 (42
    U.S.C. 1771 et seq.);
    ``(iii) the Food and Nutrition Act of 2008 (7
    U.S.C. 2011 et seq.); or
    ``(iv) the Emergency Food Assistance Act of
    1983 (7 U.S.C. 7501 et seq.).''.
    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--

    [[Page 3214]]

    (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

    [[Page 3215]]

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

    [[Page 3216]]

    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;

    [[Page 3217]]

    ``(3) a requirement that the local educational agency permit
    parents, students, representatives of the school food authority,
    teachers of physical education, school health professionals, the
    school board, school administrators, and the general public to
    participate in the development, implementation, and periodic
    review and update of the local school wellness policy;
    ``(4) a requirement that the local educational agency inform
    and update the public (including parents, students, and others
    in the community) about the content and implementation of the
    local school wellness policy; and
    ``(5) a requirement that the local educational agency--
    ``(A) periodically measure and make available to the
    public an assessment on the implementation of the local
    school wellness policy, including--
    ``(i) the extent to which schools under the
    jurisdiction of the local educational agency are
    in compliance with the local school wellness
    policy;
    ``(ii) the extent to which the local school
    wellness policy of the local educational agency
    compares to model local school wellness policies;
    and
    ``(iii) a description of the progress made in
    attaining the goals of the local school wellness
    policy; and
    ``(B) designate 1 or more local educational agency
    officials or school officials, as appropriate, to ensure
    that each school complies with the local school wellness
    policy.

    ``(c) Local Discretion.--The local educational agency shall use the
    guidelines promulgated by the Secretary under subsection (b) to
    determine specific policies appropriate for the schools under the
    jurisdiction of the local educational agency.
    ``(d) Technical Assistance and Best Practices.--
    ``(1) In general.--The Secretary, in consultation with the
    Secretary of Education and the Secretary of Health and Human
    Services, acting through the Centers for Disease Control and
    Prevention, shall provide information and technical assistance
    to local educational agencies, school food authorities, and
    State educational agencies for use in establishing healthy
    school environments that are intended to promote student health
    and wellness.
    ``(2) Content.--The Secretary shall provide technical
    assistance that--
    ``(A) includes resources and training on designing,
    implementing, promoting, disseminating, and evaluating
    local school wellness policies and overcoming barriers
    to the adoption of local school wellness policies;
    ``(B) includes model local school wellness policies
    and best practices recommended by Federal agencies,
    State agencies, and nongovernmental organizations;
    ``(C) includes such other technical assistance as is
    required to promote sound nutrition and establish
    healthy school nutrition environments; and
    ``(D) is consistent with the specific needs and
    requirements of local educational agencies.
    ``(3) Study and report.--
    ``(A) In general.--Subject to the availability of
    appropriations, the Secretary, in conjunction with the
    Director of the Centers for Disease Control and
    Prevention, shall

    [[Page 3218]]

    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.

    [[Page 3219]]

    ``(ii) Rounding.--A school food authority may
    round the adjusted price for a paid lunch under
    clause (i) down to the nearest 5 cents.
    ``(iii) Maximum required price increase.--
    ``(I) In general.--The maximum
    annual average price increase required
    to meet the requirements of this
    subparagraph shall not exceed 10 cents
    for any school food authority.
    ``(II) Discretionary increase.--A
    school food authority may increase the
    average price for a paid lunch for a
    school year by more than 10 cents.
    ``(C) Equal or greater price.--
    ``(i) In general.--In the case of a school
    food authority that established an average price
    for a paid lunch in the previous school year that
    was equal to or greater than the difference
    between the total Federal reimbursement for a free
    lunch and the total Federal reimbursement for a
    paid lunch, the school food authority shall
    establish an average price for a paid lunch that
    is not less than the difference between the total
    Federal reimbursement for a free lunch and the
    total Federal reimbursement for a paid lunch.
    ``(ii) Rounding.--A school food authority may
    round the adjusted price for a paid lunch under
    clause (i) down to the nearest 5 cents.
    ``(3) Exceptions.--
    ``(A) Reduction in price.--A school food authority
    may reduce the average price of a paid lunch established
    under this subsection if the State agency ensures that
    funding from non-Federal sources (other than in-kind
    contributions) is added to the nonprofit school food
    service account of the school food authority in an
    amount estimated to be equal to at least the difference
    between--
    ``(i) the average price required of the school
    food authority for the paid lunches under
    paragraph (2); and
    ``(ii) the average price charged by the school
    food authority for the paid lunches.
    ``(B) Non-federal sources.--For the purposes of
    subparagraph (A), non-Federal sources does not include
    revenue from the sale of foods sold in competition with
    meals served under the school lunch program authorized
    under this Act or the school breakfast program
    established by section 4 of the Child Nutrition Act of
    1966 (42 U.S.C. 1773).
    ``(C) Other programs.--This subsection shall not
    apply to lunches provided under section 17 of this Act.
    ``(4) <>  Regulations.--The Secretary
    shall establish procedures to carry out this subsection,
    including collecting and publishing the prices that school food
    authorities charge for paid meals on an annual basis and
    procedures that allow school food authorities to average the
    pricing of paid lunches at schools throughout the jurisdiction
    of the school food authority.''.

    [[Page 3220]]

    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;

    [[Page 3221]]

    ``(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;

    [[Page 3222]]

    ``(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--

    [[Page 3223]]

    ``(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;

    [[Page 3224]]

    ``(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

    [[Page 3225]]

    participating in the program under this section shall
    consist of a combination of foods that meet minimum
    nutritional requirements prescribed by the Secretary on
    the basis of tested nutritional research.
    ``(B) Conformity with the dietary guidelines and
    authoritative science.--

    ``(i) <>
    In general.--Not less frequently than once every
    10 years, the Secretary shall review and, as
    appropriate, update requirements for meals served
    under the program under this section to ensure
    that the meals--
    ``(I) are consistent with the goals
    of the most recent Dietary Guidelines;
    and
    ``(II) promote the health of the
    population served by the program
    authorized under this section, as
    indicated by the most recent relevant
    nutrition science and appropriate
    authoritative scientific agency and
    organization recommendations.
    ``(ii) Cost review.--The review required under
    clause (i) shall include a review of the cost to
    child care centers and group or family day care
    homes resulting from updated requirements for
    meals and snacks served under the program under
    this section.
    ``(iii) <>  Regulations.--Not
    later than 18 months after the completion of the
    review of the meal pattern under clause (i), the
    Secretary shall promulgate proposed regulations to
    update the meal patterns for meals and snacks
    served under the program under this section.
    ``(C) Exceptions.--
    ``(i) Special dietary needs.--The minimum
    nutritional requirements prescribed under
    subparagraph (A) shall not prohibit institutions,
    family or group day care homes, and sponsored
    centers from substituting foods to accommodate the
    medical or other special dietary needs of
    individual participants.
    ``(ii) <>  Exempt
    institutions.--The Secretary may elect to waive
    all or part of the requirements of this subsection
    for emergency shelters participating in the
    program under this section.
    ``(3) Meal service.--Institutions, family or group day care
    homes, and sponsored centers shall ensure that reimbursable meal
    service contributes to the development and socialization of
    enrolled children by providing that food is not used as a
    punishment or reward.
    ``(4) Fluid milk.--
    ``(A) In general.--If an institution, family or
    group day care home, or sponsored center provides fluid
    milk as part of a reimbursable meal or supplement, the
    institution, family or group day care home, or sponsored
    center shall provide the milk in accordance with the
    most recent version of the Dietary Guidelines.
    ``(B) Milk substitutes.--In the case of children who
    cannot consume fluid milk due to medical or other
    special dietary needs other than a disability, an
    institution, family or group day care home, or sponsored
    center may substitute

    [[Page 3226]]

    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

    [[Page 3227]]

    day care homes the use of electronic media to an
    appropriate level.
    ``(2) Water consumption.--Participating child care centers
    and family or group day care homes shall make available to
    children, as nutritionally appropriate, potable water as an
    acceptable fluid for consumption throughout the day, including
    at meal times.
    ``(3) Technical assistance and guidance.--
    ``(A) In general.--The Secretary shall provide
    technical assistance to institutions participating in
    the program under this section to assist participating
    child care centers and family or group day care homes in
    complying with the nutritional requirements and wellness
    recommendations prescribed by the Secretary in
    accordance with this subsection and subsection (g).
    ``(B) <>  Guidance.--Not later than
    January 1, 2012, the Secretary shall issue guidance to
    States and institutions to encourage participating child
    care centers and family or group day care homes serving
    meals and snacks under this section to--
    ``(i) include foods that are recommended for
    increased serving consumption in amounts
    recommended by the most recent Dietary Guidelines
    for Americans published under section 301 of the
    National Nutrition Monitoring and Related Research
    Act of 1990 (7 U.S.C. 5341), including fresh,
    canned, dried, or frozen fruits and vegetables,
    whole grain products, lean meat products, and low-
    fat and non-fat dairy products; and
    ``(ii) reduce sedentary activities and provide
    opportunities for regular physical activity in
    quantities recommended by the most recent Dietary
    Guidelines for Americans described in clause (i).
    ``(C) Nutrition.--Technical assistance relating to
    the nutritional requirements of this subsection and
    subsection (g) shall include--
    ``(i) nutrition education, including education
    that emphasizes the relationship between
    nutrition, physical activity, and health;
    ``(ii) menu planning;
    ``(iii) interpretation of nutrition labels;
    and
    ``(iv) food preparation and purchasing
    guidance to produce meals and snacks that are--
    ``(I) consistent with the goals of
    the most recent Dietary Guidelines; and
    ``(II) promote the health of the
    population served by the program under
    this section, as recommended by
    authoritative scientific organizations.
    ``(D) Physical activity.--Technical assistance
    relating to the physical activity requirements of this
    subsection shall include--
    ``(i) education on the importance of regular
    physical activity to overall health and well
    being; and
    ``(ii) sharing of best practices for physical
    activity plans in child care centers and homes as
    recommended by authoritative scientific
    organizations.

    [[Page 3228]]

    ``(E) Electronic media use.--Technical assistance
    relating to the electronic media use requirements of
    this subsection shall include--
    ``(i) education on the benefits of limiting
    exposure to electronic media by children; and
    ``(ii) sharing of best practices for the
    development of daily activity plans that limit use
    of electronic media.
    ``(F) <>  Minimum assistance.--At a
    minimum, the technical assistance required under this
    paragraph shall include a handbook, developed by the
    Secretary in coordination with the Secretary for Health
    and Human Services, that includes recommendations,
    guidelines, and best practices for participating
    institutions and family or group day care homes that are
    consistent with the nutrition, physical activity, and
    wellness requirements and recommendations of this
    subsection.
    ``(G) Additional assistance.--In addition to the
    requirements of this paragraph, the Secretary shall
    develop and provide such appropriate training and
    education materials, guidance, and technical assistance
    as the Secretary considers to be necessary to comply
    with the nutritional and wellness requirements of this
    subsection and subsection (g).
    ``(H) Funding.--
    ``(i) <>  In general.--
    On October 1, 2010, out of any funds in the
    Treasury not otherwise appropriated, the Secretary
    of the Treasury shall transfer to the Secretary to
    provide technical assistance under this subsection
    $10,000,000, to remain available until expended.
    ``(ii) Receipt and acceptance.--The Secretary
    shall be entitled to receive, shall accept, and
    shall use to carry out this subsection the funds
    transferred under clause (i), without further
    appropriation.''.
    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.

    [[Page 3229]]

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

    (a) <>  In General.--Not less than 3
    years after the date of enactment of this Act, the Secretary, in
    consultation with the Secretary of Health and Human Services, shall
    enter into a contract for the conduct of a nationally representative
    study of child care centers and family or group day care homes that
    includes an assessment of--
    (1) the nutritional quality of all foods provided to
    children in child care settings as compared to the
    recommendations in most recent Dietary Guidelines for Americans
    published under section 301 of the National Nutrition Monitoring
    and Related Research Act of 1990 (7 U.S.C. 5341);
    (2) the quantity and type of opportunities for physical
    activity provided to children in child care settings;
    (3) the quantity of time spent by children in child care
    settings in sedentary activities;
    (4) an assessment of barriers and facilitators to--
    (A) providing foods to children in child care
    settings that meet the recommendations of the most
    recent Dietary Guidelines for Americans published under
    section 301 of the National Nutrition Monitoring and
    Related Research Act of 1990 (7 U.S.C. 5341);
    (B) providing the appropriate quantity and type of
    opportunities of physical activity for children in child
    care settings; and
    (C) participation by child care centers and family
    or group day care homes in the child and adult care food
    program established under section 17 of the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1766); and
    (5) such other assessment measures as the Secretary may
    determine to be necessary.

    (b) Report to Congress.--The Secretary shall submit to Congress a
    report that includes a detailed description of the results of the study
    conducted under subsection (a).
    (c) Funding.--
    (1) <>  In general.--On October 1,
    2010, out of any funds in the Treasury not otherwise
    appropriated, the Secretary of the Treasury shall transfer to
    the Secretary to carry out this section $5,000,000, to remain
    available until expended.
    (2) Receipt and acceptance.--The Secretary shall be entitled
    to receive, shall accept, and shall use to carry out this
    section the funds transferred under paragraph (1), without
    further appropriation.

    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

    [[Page 3230]]

    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

    [[Page 3231]]

    ``(IV) such other criteria as the
    Secretary considers appropriate after
    consultation with State and local
    program agencies.
    ``(ii) Authorization of appropriations.--There
    is authorized to be appropriated to carry out the
    activities described in clause (viii) of
    subparagraph (A) such sums as are necessary.
    ``(C) <>  Performance bonuses.--
    ``(i) In general.--Following the publication
    of breastfeeding performance measurements under
    subparagraph (A)(vii), the Secretary shall provide
    performance bonus payments to not more than 15
    State agencies that demonstrate, as compared to
    other State agencies participating in the
    program--
    ``(I) the highest proportion of
    breast-fed infants; or
    ``(II) the greatest improvement in
    proportion of breast-fed infants.
    ``(ii) Consideration.--In providing
    performance bonus payments to State agencies under
    this subparagraph, the Secretary shall consider
    the proportion of fully breast-fed infants in the
    States.
    ``(iii) Use of funds.--A State agency that
    receives a performance bonus under clause (i)--
    ``(I) shall treat the funds as
    program income; and
    ``(II) may transfer the funds to
    local agencies for use in carrying out
    the program.
    ``(iv) <>  Implementation.--
    The Secretary shall provide the first performance
    bonuses not later than 1 year after the date of
    enactment of this clause and may subsequently
    revise the criteria for awarding performance
    bonuses; and''; and
    (B) by striking paragraph (10) and inserting the
    following:
    ``(10) Funds for infrastructure, management information
    systems, and special nutrition education.--
    ``(A) In general.--For each of fiscal years 2010
    through 2015, the Secretary shall use for the purposes
    specified in subparagraph (B) $139,000,000 (as adjusted
    annually for inflation by the same factor used to
    determine the national average per participant grant for
    nutrition services and administration for the fiscal
    year under paragraph (1)(B)).
    ``(B) Purposes.--Subject to subparagraph (C), of the
    amount made available under subparagraph (A) for a
    fiscal year--
    ``(i) $14,000,000 shall be used for--
    ``(I) infrastructure for the program
    under this section;
    ``(II) special projects to promote
    breastfeeding, including projects to
    assess the effectiveness of particular
    breastfeeding promotion strategies; and
    ``(III) special State projects of
    regional or national significance to
    improve the services of the program;

    [[Page 3232]]

    ``(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

    [[Page 3233]]

    ``(3) such other low-income individual as is determined to
    be eligible by the Secretary.

    ``(b) Programs.--Consistent with the terms and conditions of grants
    awarded under this section, State agencies may implement a nutrition
    education and obesity prevention program for eligible individuals that
    promotes healthy food choices consistent with the most recent Dietary
    Guidelines for Americans published under section 301 of the National
    Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).
    ``(c) Delivery of Nutrition Education and Obesity Prevention
    Services.--
    ``(1) In general.--State agencies may deliver nutrition
    education and obesity prevention services under a program
    described in subsection (b)--
    ``(A) directly to eligible individuals; or
    ``(B) through agreements with other State or local
    agencies or community organizations.
    ``(2) Nutrition education state plans.--
    ``(A) In general.--A State agency that elects to
    provide nutrition education and obesity prevention
    services under this subsection shall submit to the
    Secretary for approval a nutrition education State plan.
    ``(B) Requirements.--Except as provided in
    subparagraph (C), a nutrition education State plan
    shall--
    ``(i) identify the uses of the funding for
    local projects;
    ``(ii) ensure that the interventions are
    appropriate for eligible individuals who are
    members of low-income populations by recognizing
    the constrained resources, and the potential
    eligibility for Federal food assistance programs,
    of members of those populations; and
    ``(iii) conform to standards established by
    the Secretary through regulations, guidance, or
    grant award documents.
    ``(C) Transition period.--During each of fiscal
    years 2011 and 2012, a nutrition education State plan
    under this section shall be consistent with the
    requirements of section 11(f) (as that section, other
    than paragraph (3)(C), existed on the day before the
    date of enactment of this section).
    ``(3) Use of funds.--
    ``(A) In general.--A State agency may use funds
    provided under this section for any evidence-based
    allowable use of funds identified by the Administrator
    of the Food and Nutrition Service of the Department of
    Agriculture in consultation with the Director of the
    Centers for Disease Control and Prevention of the
    Department of Health and Human Services, including--
    ``(i) individual and group-based nutrition
    education, health promotion, and intervention
    strategies;
    ``(ii) comprehensive, multilevel interventions
    at multiple complementary organizational and
    institutional levels; and
    ``(iii) community and public health approaches
    to improve nutrition.
    ``(B) Consultation.--In identifying allowable uses
    of funds under subparagraph (A) and in seeking to
    strengthen

    [[Page 3234]]

    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

    [[Page 3235]]

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

    [[Page 3236]]

    ``(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;

    [[Page 3237]]

    (2) in subsection (g), by striking ``(g) Access to Local
    Foods and School Gardens.--'' and all that follows through ``(3)
    Pilot program for high-poverty schools.--'' and inserting the
    following:

    ``(g) Access to Local Foods: Farm to School Program.--
    ``(1) Definition of eligible school.--In this subsection,
    the term `eligible school' means a school or institution that
    participates in a program under this Act or the school breakfast
    program established under section 4 of the Child Nutrition Act
    of 1966 (42 U.S.C. 1773).
    ``(2) Program.--The Secretary shall carry out a program to
    assist eligible schools, State and local agencies, Indian tribal
    organizations, agricultural producers or groups of agricultural
    producers, and nonprofit entities through grants and technical
    assistance to implement farm to school programs that improve
    access to local foods in eligible schools.
    ``(3) Grants.--
    ``(A) In general.--The Secretary shall award
    competitive grants under this subsection to be used
    for--
    ``(i) training;
    ``(ii) supporting operations;
    ``(iii) planning;
    ``(iv) purchasing equipment;
    ``(v) developing school gardens;
    ``(vi) developing partnerships; and
    ``(vii) implementing farm to school programs.
    ``(B) Regional balance.--In making awards under this
    subsection, the Secretary shall, to the maximum extent
    practicable, ensure--
    ``(i) geographical diversity; and
    ``(ii) equitable treatment of urban, rural,
    and tribal communities.
    ``(C) Maximum amount.--The total amount provided to
    a grant recipient under this subsection shall not exceed
    $100,000.
    ``(4) Federal share.--
    ``(A) In general.--The Federal share of costs for a
    project funded through a grant awarded under this
    subsection shall not exceed 75 percent of the total cost
    of the project.
    ``(B) Federal matching.--As a condition of receiving
    a grant under this subsection, a grant recipient shall
    provide matching support in the form of cash or in-kind
    contributions, including facilities, equipment, or
    services provided by State and local governments,
    nonprofit organizations, and private sources.
    ``(5) Criteria for selection.--To the maximum extent
    practicable, in providing assistance under this subsection, the
    Secretary shall give the highest priority to funding projects
    that, as determined by the Secretary--
    ``(A) make local food products available on the menu
    of the eligible school;
    ``(B) serve a high proportion of children who are
    eligible for free or reduced price lunches;

    [[Page 3238]]

    ``(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''.

    [[Page 3239]]

    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.--

    [[Page 3240]]

    (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.--

    [[Page 3241]]

    ``(i) In general.--In calculating the fine for
    a school food authority or school, the Secretary
    shall base the amount of the fine on the
    reimbursement earned by school food authority or
    school for the program in which the violation
    occurred.
    ``(ii) Amount.--The amount under clause (i)
    shall not exceed--
    ``(I) 1 percent of the amount of
    meal reimbursements earned for the
    fiscal year for the first finding of 1
    or more program violations under
    subparagraph (A);
    ``(II) 5 percent of the amount of
    meal reimbursements earned for the
    fiscal year for the second finding of 1
    or more program violations under
    subparagraph (A); and
    ``(III) 10 percent of the amount of
    meal reimbursements earned for the
    fiscal year for the third or subsequent
    finding of 1 or more program violations
    under subparagraph (A).
    ``(2) State agencies.--
    ``(A) In general.--The Secretary shall establish
    criteria by which the Secretary may impose a fine
    against any State agency administering a program
    authorized under this Act or the Child Nutrition Act of
    1966 (42 U.S.C. 1771 et seq.) if the Secretary
    determines that the State agency has--
    ``(i) failed to correct severe mismanagement
    of the program;
    ``(ii) disregarded a program requirement of
    which the State had been informed; or
    ``(iii) failed to correct repeated violations
    of program requirements.
    ``(B) Limits.--In the case of a State agency, the
    amount of a fine under subparagraph (A) shall not
    exceed--
    ``(i) 1 percent of funds made available under
    section 7(a) of the Child Nutrition Act of 1966
    (42 U.S.C. 1776(a)) for State administrative
    expenses during a fiscal year for the first
    finding of 1 or more program violations under
    subparagraph (A);
    ``(ii) 5 percent of funds made available under
    section 7(a) of the Child Nutrition Act of 1966
    (42 U.S.C. 1776(a)) for State administrative
    expenses during a fiscal year for the second
    finding of 1 or more program violations under
    subparagraph (A); and
    ``(iii) 10 percent of funds made available
    under section 7(a) of the Child Nutrition Act of
    1966 (42 U.S.C. 1776(a)) for State administrative
    expenses during a fiscal year for the third or
    subsequent finding of 1 or more program violations
    under subparagraph (A).
    ``(3) Source of funding.--Funds to pay a fine imposed under
    paragraph (1) or (2) shall be derived from non-Federal
    sources.''.

    [[Page 3242]]

    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.''.

    [[Page 3243]]

    SEC. 305. PROGRAM EVALUATION.

    Section 28 of the Richard B. Russell National School Lunch Act (42
    U.S.C. 1769i) is amended by adding at the end the following:
    ``(c) Cooperation With Program Research and Evaluation.--States,
    State educational agencies, local educational agencies, schools,
    institutions, facilities, and contractors participating in programs
    authorized under this Act and the Child Nutrition Act of 1966 (42 U.S.C.
    1771 et seq.) shall cooperate with officials and contractors acting on
    behalf of the Secretary, in the conduct of evaluations and studies under
    those Acts.''.
    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

    [[Page 3244]]

    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;

    [[Page 3245]]

    ``(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.).

    [[Page 3246]]

    (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

    [[Page 3247]]

    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.--

    [[Page 3248]]

    ``(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:

    [[Page 3249]]

    ``(2) Program applications.--
    ``(A) <>  In
    general.--The Secretary shall develop a policy under
    which each institution providing child care that
    participates in the program under this section shall--
    ``(i) submit to the State agency an initial
    application to participate in the program that
    meets all requirements established by the
    Secretary by regulation;
    ``(ii) annually confirm to the State agency
    that the institution, and any facilities of the
    institution in which the program is operated by a
    sponsoring organization, is in compliance with
    subsection (a)(5); and
    ``(iii) annually submit to the State agency
    any additional information necessary to confirm
    that the institution is in compliance with all
    other requirements to participate in the program,
    as established in this Act and by the Secretary by
    regulation.
    ``(B) <>  Required reviews of
    sponsored facilities.--
    ``(i) In general.--The Secretary shall develop
    a policy under which each sponsoring organization
    participating in the program under this section
    shall conduct--
    ``(I) periodic unannounced site
    visits at not less than 3-year intervals
    to sponsored child and adult care
    centers and family or group day care
    homes to identify and prevent management
    deficiencies and fraud and abuse under
    the program; and
    ``(II) at least 1 scheduled site
    visit each year to sponsored child and
    adult care centers and family or group
    day care homes to identify and prevent
    management deficiencies and fraud and
    abuse under the program and to improve
    program operations.
    ``(ii) Varied timing.--Sponsoring
    organizations shall vary the timing of unannounced
    reviews under clause (i)(I) in a manner that makes
    the reviews unpredictable to sponsored facilities.
    ``(C) Required reviews of institutions.--The
    Secretary shall develop a policy under which each State
    agency shall conduct--
    ``(i) <>  at least 1
    scheduled site visit at not less than 3-year
    intervals to each institution under the State
    agency participating in the program under this
    section--
    ``(I) to identify and prevent
    management deficiencies and fraud and
    abuse under the program; and
    ``(II) to improve program
    operations; and
    ``(ii) more frequent reviews of any
    institution that--
    ``(I) sponsors a significant share
    of the facilities participating in the
    program;
    ``(II) conducts activities other
    than the program authorized under this
    section;

    [[Page 3250]]

    ``(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.

    [[Page 3251]]

    ``(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--

    [[Page 3252]]

    ``(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.

    [[Page 3253]]

    (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.

    [[Page 3254]]

    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.

    [[Page 3255]]

    ``(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:

    [[Page 3256]]

    ``(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.

    [[Page 3257]]

    ``(iv) Statewide operations.--After completion
    of statewide expansion of a system for transaction
    of electronic benefit transfers--
    ``(I) a State agency may not be
    required to incur ongoing maintenance
    costs for vendors using multifunction
    systems and equipment to support
    electronic benefit transfers; and
    ``(II) any retail store in the State
    that applies for authorization to become
    a program vendor shall be required to
    demonstrate the capability to accept
    program benefits electronically prior to
    authorization, unless the State agency
    determines that the vendor is necessary
    for participant access.
    ``(F) <>  Minimum lane
    coverage.--
    ``(i) In general.--The Secretary shall
    establish minimum lane coverage guidelines for
    vendor equipment and systems used to support
    electronic benefit transfers.
    ``(ii) Provision of equipment.--If a vendor
    does not elect to accept electronic benefit
    transfers using its own multifunction equipment,
    the State agency shall provide such equipment as
    is necessary to solely support the program to meet
    the established minimum lane coverage guidelines.
    ``(G) Technical standards.--The Secretary shall--
    ``(i) establish technical standards and
    operating rules for electronic benefit transfer
    systems; and
    ``(ii) require each State agency, contractor,
    and authorized vendor participating in the program
    to demonstrate compliance with the technical
    standards and operating rules.''.

    (e) Universal Product Codes Database.--Section 17(h) of the Child
    Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by striking
    paragraph (13) and inserting the following:
    ``(13) Universal product codes database.--
    ``(A) <>  In general.--Not later
    than 2 years after the date of enactment of the Healthy,
    Hunger-Free Kids Act of 2010, the Secretary shall
    establish a national universal product code database to
    be used by all State agencies in carrying out the
    requirements of paragraph (12).
    ``(B) Funding.--
    ``(i) <>  In
    general.--On October 1, 2010, and on each October
    1 thereafter, out of any funds in the Treasury not
    otherwise appropriated, the Secretary of the
    Treasury shall transfer to the Secretary to carry
    out this paragraph $1,000,000, to remain available
    until expended.
    ``(ii) Receipt and acceptance.--The Secretary
    shall be entitled to receive, shall accept, and
    shall use to carry out this paragraph the funds
    transferred under clause (i), without further
    appropriation.
    ``(iii) Use of funds.--The Secretary shall use
    the funds provided under clause (i) for
    development, hosting, hardware and software
    configuration, and support of the database
    required under subparagraph (A).''.

    [[Page 3258]]

    (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.).''.

    [[Page 3259]]

    TITLE IV--MISCELLANEOUS

    Subtitle A--Reauthorization of Expiring Provisions

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

    SEC. 401. COMMODITY SUPPORT.

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

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

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

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

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

    [[Page 3260]]

    ``(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

    [[Page 3261]]

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

    Subtitle B--Technical Amendments

    SEC. 441. TECHNICAL AMENDMENTS.

    (a) Richard B. Russell National School Lunch Act.--
    (1) Nutritional requirements.--Section 9(f) of the Richard
    B. Russell National School Lunch Act (42 U.S.C. 1758(f)) is
    amended--
    (A) by striking ``(f)'' and all that follows through
    the end of paragraph (1) and inserting the following:

    ``(f) Nutritional Requirements.--
    ``(1) In general.--Schools that are participating in the
    school lunch program or school breakfast program shall serve
    lunches and breakfasts that--
    ``(A) are consistent with the goals of the most
    recent Dietary Guidelines for Americans published under
    section 301 of the National Nutrition Monitoring and
    Related Research Act of 1990 (7 U.S.C. 5341); and
    ``(B) consider the nutrient needs of children who
    may be at risk for inadequate food intake and food
    insecurity.'';
    (B) by striking paragraph (2); and
    (C) by redesignating paragraphs (3) through (5) as
    paragraphs (2) through (4), respectively.
    (2) Rounding rules for computation of adjustment.--Section
    11(a)(3)(B) of the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1759a(a)(3)(B)) is amended by striking ``Rounding.--
    '' and all that follows through ``On July'' in subclause (II)
    and inserting ``Rounding.--On July''.
    (3) Information and assistance concerning reimbursement
    options.--Section 11 of the Richard B. Russell National School
    Lunch Act (42 U.S.C. 1759a) is amended by striking subsection
    (f).
    (4) 1995 regulations to implement dietary guidelines.--
    Section 12 of the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1760) is amended by striking subsection (k).
    (5) Summer food service program for children.--
    (A) In general.--Section 13 of the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1761) is
    amended by striking the section heading and all that
    follows through the end of subsection (a)(1) and
    inserting the following:
    ``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

    [[Page 3262]]

    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

    [[Page 3263]]

    ``(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.--

    [[Page 3264]]

    ``(A) In general.--The following''; and
    (III) by striking ``The Secretary
    and the States'' and inserting the
    following:
    ``(B) Rural areas.--The Secretary and the States'';
    (iv) by striking ``(5) Camps'' and inserting
    the following:
    ``(5) Camps.--Camps''; and
    (v) by striking ``(6) Service institutions''
    and inserting the following:
    ``(6) Government institutions.--Service institutions''.
    (6) Report on impact of procedures to secure state school
    input on commodity selection.--Section 14(d) of the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1762a(d)) is
    amended by striking the matter that follows paragraph (5).
    (7) Rural area day care home pilot program.--Section 17 of
    the Richard B. Russell National School Lunch Act (42 U.S.C.
    1766) is amended by striking subsection (p).
    (8) Child and adult care food program training and technical
    assistance.--Section 17(q) of the Richard B. Russell National
    School Lunch Act (42 U.S.C. 1766(q)) is amended by striking
    paragraph (3).
    (9) Pilot project for private nonprofit state agencies.--
    Section 18 of the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1769) is amended by striking subsection (a).
    (10) Meal counting and application pilot programs.--Section
    18(c) of the Richard B. Russell National School Lunch Act (42
    U.S.C. 1769(c)) is amended--
    (A) by striking paragraphs (1) and (2);
    (B) by redesignating paragraphs (3) and (4) as
    paragraphs (1) and (2), respectively; and
    (C) in paragraph (1) (as so redesignated), by
    striking ``In addition to the pilot projects described
    in this subsection, the Secretary may conduct other''
    and inserting ``The Secretary may conduct''.
    (11) Milk fortification pilot.--Section 18 of the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1769) is amended by
    striking subsection (d).
    (12) Free breakfast pilot project.--Section 18 of the
    Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is
    amended by striking subsection (e).
    (13) Summer food service residential camp eligibility.--
    Section 18 of the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1769) is amended by striking subsection (f).
    (14) <>  Accommodation of the special dietary
    needs of individuals with disabilities.--Section 27 of the
    Richard B. Russell National School Lunch Act (42 U.S.C. 1769h)
    is repealed.

    (b) Child Nutrition Act of 1966.--
    (1) State administrative expenses minimum levels for 2005
    through 2007.--Section 7(a)(1) of the Child Nutrition Act of
    1966 (42 U.S.C. 1776(a)(1)) is amended--
    (A) in subparagraph (A), by striking ``Except as
    provided in subparagraph (B), each fiscal year'' and
    inserting ``Each fiscal year'';

    [[Page 3265]]

    (B) by striking subparagraph (B); and
    (C) by redesignating subparagraph (C) as
    subparagraph (B).
    (2) Fruit and vegetable grants under the special
    supplemental nutrition program for women, infants, and
    children.--Section 17(f)(11) of the Child Nutrition Act of 1966
    (42 U.S.C. 1786(f)(11)) is amended--
    (A) by striking subparagraph (C); and
    (B) by redesignating subparagraph (D) as
    subparagraph (C).
    SEC. 442. USE OF UNSPENT FUTURE FUNDS FROM THE AMERICAN RECOVERY
    AND REINVESTMENT ACT OF 2009.

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

    (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.

    [[Page 3266]]

    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.

    Approved December 13, 2010.

    LEGISLATIVE HISTORY--S. 3307:
    ---------------------------------------------------------------------------

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