senate's ag committee: 2010 child nutrition bill (draft) aka healthy, hunger-free kids act of 2010

8/9/2019 Senate's Ag Committee: 2010 Child Nutrition Bill (Draft) aka Healthy, Hunger-Free Kids Act of 2010

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WEI10137 DISCUSSION DRAFT S.L.C.

111TH CONGRESS2D SESSION S.

llTo reauthorize child nutrition programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll

Mrs. LINCOLN from the Committee on Agriculture, Nutrition, and Forestry

reported the following original bill; which was read twice and placed onthe calendar

A BILL

To reauthorize child nutrition programs, and for other

purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.3

(a) SHORT TITLE.This Act may be cited as the4

Healthy, Hunger-Free Kids Act of 2010.5

(b) T ABLE OF CONTENTS.The table of contents for6

this Act is as follows:7

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE IA PATH TO END CHILDHOOD HUNGER

Subtitle ANational School Lunch Program

Sec. 101. Improving direct certification.


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Sec. 102. Categorical eligibility of foster children.

Sec. 103. Direct certification for children receiving Medicaid benefits.

Sec. 104. Eliminating individual applications through community eligibility.

Subtitle BSummer Food Service Program

Sec. 111. Alignment of eligibility rules for public and private sponsors.

Sec. 112. Outreach to eligible families.

Subtitle CChild 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 DSpecial Supplemental Nutrition Program for Women, Infants,

and Children

Sec. 131. Certification periods.

Subtitle EMiscellaneous

Sec. 141. Childhood hunger research.

Sec. 142. Review of local policies on meal charges and provision of alternate

meals.

TITLE IIREDUCING CHILDHOOD OBESITY AND IMPROVING THE

DIETS OF CHILDREN


Sec. 201. Performance-based reimbursement rate increases for new meal pat-

terns.

Sec. 202. Nutrition requirements for fluid milk.

Sec. 203. Water.Sec. 204. Local school wellness policy implementation.

Sec. 205. Equity in school lunch pricing.

Sec. 206. Revenue from nonprogram foods sold in schools.

Sec. 207. Reporting and notification of school performance.

Sec. 208. Nutrition standards for all foods sold in school.

Subtitle BChild 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 CSpecial 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 DMiscellaneous

Sec. 241. Nutrition education and obesity prevention grant program.


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Sec. 242. Procurement and processing of food service products and commod-

ities.

Sec. 243. Access to local foods and school gardens.

Sec. 244. Research on strategies to promote the selection and consumption of

healthy foods.

TITLE IIIIMPROVING THE MANAGEMENT AND INTEGRITY OFCHILD NUTRITION PROGRAMS


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.

Subtitle BSummer Food Service Program

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

Sec. 322. Summer food service program disqualification.

Subtitle CChild and Adult Care Food Program

Sec. 331. Renewal of application materials and permanent operating agree-

ments.

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 or-

ganizations.

Sec. 335. Child and adult care food program audit funding.Sec. 336. Reducing paperwork and improving program administration.

Subtitle DSpecial Supplemental Nutrition Program for Women, Infants,

and Children

Sec. 351. Sharing of materials with other programs.

Sec. 352. WIC program management.

Subtitle EMiscellaneous

Sec. 361. Full use of Federal funds.

Sec. 362. Disqualified schools, institutions, and individuals.

TITLE IVMISCELLANEOUS

Subtitle AReauthorization of Expiring Provisions

PART IRICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 401. Commodity support.

Sec. 402. Food safety audits and reports by States.

Sec. 403. Procurement training.

Sec. 404. Authorization of the summer food service program for children.

Sec. 405. Year-round services for eligible entities.


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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 IICHILD NUTRITION ACT OF 1966

Sec. 421. Technology infrastructure improvement.Sec. 422. State administrative expenses.

Sec. 423. Special supplemental nutrition program for women, infants, and chil-

dren.

Sec. 424. Farmers market nutrition program.

Subtitle BTechnical Amendments

Sec. 441. Technical amendments.

Sec. 442. Environmental quality incentives program.

Sec. 443. Budgetary effects.

SEC. 2. DEFINITION OF SECRETARY.1

In this Act, the term Secretary means the Sec-2

retary of Agriculture.3

TITLE IA PATH TO END4

CHILDHOOD HUNGER5

Subtitle ANational School Lunch6

Program7

SEC. 101. IMPROVING DIRECT CERTIFICATION.8

(a) PERFORMANCE AWARDS.Section 9(b)(4) of the9

Richard B. Russell National School Lunch Act (42 U.S.C.10

1758(b)(4)) is amended11

(1) in the paragraph heading, by striking12

FOOD STAMP and inserting SUPPLEMENTAL NU-13TRITION ASSISTANCE PROGRAM; and14

(2) by adding at the end the following:15

(E) PERFORMANCE AWARDS.16


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(i) IN GENERAL.Effective for each1

of the school years beginning July 1, 2011,2

July 1, 2012, and July 1, 2013, the Sec-3

retary shall offer performance awards to4

States to encourage the States to ensure5

that all children eligible for direct certifi-6

cation under this paragraph are certified in7

accordance with this paragraph.8

(ii) REQUIREMENTS.For each9

school year described in clause (i), the Sec-10

retary shall11

(I) consider State data from the12

prior school year, including estimates13

contained in the report required under14

section 4301 of the Food, Conserva-15

tion, and Energy Act of 2008 (4216

U.S.C. 1758a); and17

(II) make performance awards18

to not more than 15 States that dem-19

onstrate, as determined by the Sec-20

retary21

(aa) outstanding perform-22

ance; and23

(bb) substantial improve-24

ment.25


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(iii) USE OF FUNDS.A State agen-1

cy that receives a performance award2

under clause (i)3

(I) shall treat the funds as pro-4

gram income; and5

(II) may transfer the funds to6

school food authorities for use in car-7

rying out the program.8

(iv) FUNDING.9

(I) IN GENERAL.On October10

1, 2011, and each subsequent October11

1 through October 1, 2013, out of any12

funds in the Treasury not otherwise13

appropriated, the Secretary of the14

Treasury shall transfer to the Sec-15

retary16

(aa) $2,000,000 to carry17

out clause (ii)(II)(aa); and18

(bb) $2,000,000 to carry19

out clause (ii)(II)(bb).20

(II) RECEIPT AND ACCEPT-21

ANCE.The Secretary shall be enti-22

tled to receive, shall accept, and shall23

use to carry out this clause the funds24


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transferred under subclause (I), with-1

out further appropriation.2

(v) P AYMENTS NOT SUBJECT TO JU-3

DICIAL REVIEW.A determination by the4

Secretary whether, and in what amount, to5

make a performance award under this sub-6

paragraph shall not be subject to adminis-7

trative or judicial review..8

(b) CONTINUOUS IMPROVEMENT PLANS.Section9

9(b)(4) of the Richard B. Russell National School Lunch10

Act (42 U.S.C. 1758(b)(4)) (as amended by subsection11

(a)) is amended by adding at the end the following:12

(F) CONTINUOUS IMPROVEMENT13

PLANS.14

(i) DEFINITION OF REQUIRED PER-15

CENTAGE.In this subparagraph, the term16

required percentage means17

(I) for the school year beginning18

July 1, 2011, 80 percent;19

(II) for the school year begin-20

ning July 1, 2012, 90 percent; and21

(III) for the school year begin-22

ning July 1, 2013 and each school23

year thereafter, 95 percent.24


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(ii) REQUIREMENTS.Each school1

year, the Secretary shall2

(I) identify, using estimates3

contained in the report required under4

section 4301 of the Food, Conserva-5

tion, and Energy Act of 2008 (426

U.S.C. 1758a), States that directly7

certify less than the required percent-8

age of the total number of children in9

the State who are eligible for direct10

certification under this paragraph;11

and12

(II) require the States identified13

under subclause (I) to implement a14

continuous improvement plan to fully15

meet the requirements of this para-16

graph, which shall include a plan to17

improve direct certification for the fol-18

lowing school year.19

(iii) F AILURE TO MEET PERFORM-20

ANCE STANDARD.21

(I) IN GENERAL.A State that22

is required to develop and implement23

a continuous improvement plan under24

clause (ii)(II) shall be required to sub-25


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mit the continuous improvement plan1

to the Secretary, for the approval of2

the Secretary.3

(II) REQUIREMENTS.At a4

minimum, a continuous improvement5

plan under subclause (I) shall in-6

clude7

(aa) specific measures that8

the State will use to identify9

more children who are eligible for10

direct certification;11

(bb) a timeline for the12

State to implement those meas-13

ures; and14

(cc) goals for the State to15

improve direct certification re-16

sults..17

(c) WITHOUT FURTHER APPLICATION.Section18


Act (42 U.S.C. 1758(b)(4)) (as amended by subsection20

(b)) is amended by adding at the end the following:21

(G) WITHOUT FURTHER APPLICATION.22

(i) IN GENERAL.In this paragraph,23

the term without further application24


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means that no action is required by the1

household of the child.2

(ii) CLARIFICATION.A requirement3

that a household return a letter notifying4

the household of eligibility for direct cer-5

tification or eligibility for free school meals6

does not meet the requirements of clause7

(i)..8

SEC. 102. CATEGORICAL ELIGIBILITY OF FOSTER CHIL-9

DREN.10

(a) DISCRETIONARY CERTIFICATION.Section11


Act (42 U.S.C. 1758(b)(5)) is amended13

(1) in subparagraph (C), by striking or at14

the end;15

(2) in subparagraph (D), by striking the period16

at the end and inserting ; or; and17


(E)(i) a foster child whose care and19

placement is the responsibility of an agency20

that administers a State plan under part B or21

E of title IV of the Social Security Act (4222

U.S.C. 621 et seq.); or23

(ii) a foster child who a court has placed24

with a caretaker household..25


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(b) CATEGORICAL ELIGIBILITY.Section1

9(b)(12)(A) of the Richard B. Russell National School2

Lunch Act (42 U.S.C. 1758(b)(12)(A)) is amended3

(1) in clause (iv), by adding ) before the4

semicolon at the end;5

(2) in clause (v), by striking or at the end;6

(3) in clause (vi), by striking the period at the7

end and inserting ; or; and8


(vii)(I) a foster child whose care and10

placement is the responsibility of an agen-11

cy that administers a State plan under12

part B or E of title IV of the Social Secu-13

rity Act (42 U.S.C. 621 et seq.); or14

(II) a foster child who a court has15

placed with a caretaker household..16

(c) DOCUMENTATION.Section 9(d)(2) of the Rich-17

ard B. Russell National School Lunch Act (42 U.S.C.18

1758(d)(2)) is amended19

(1) in subparagraph (D), by striking or at20

the end;21

(2) in subparagraph (E), by striking the period22

at the end and inserting ; or; and23



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(F)(i) documentation has been provided1

to the appropriate local educational agency2

showing the status of the child as a foster child3

whose care and placement is the responsibility4

of an agency that administers a State plan5

under part B or E of title IV of the Social Se-6

curity Act (42 U.S.C. 621 et seq.); or7

(ii) documentation has been provided to8

the appropriate local educational agency show-9

ing the status of the child as a foster child who10

a court has placed with a caretaker house-11

hold..12

SEC. 103. DIRECT CERTIFICATION FOR CHILDREN RECEIV-13

ING MEDICAID BENEFITS.14

(a) IN GENERAL.Section 9(b) of the Richard B.15

Russell National School Lunch Act (42 U.S.C. 1758(b))16

is amended by adding at the end the following:17

(15) DIRECT CERTIFICATION FOR CHILDREN18

RECEIVING MEDICAID BENEFITS.19

(A) DEFINITIONS.In this paragraph:20

(i) ELIGIBLE CHILD.The term eli-21

gible child means a child22

(I)(aa) who is eligible for and23

receiving medical assistance under the24

Medicaid program; and25


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(bb) who is a member of a fam-1

ily with an income as measured by the2

Medicaid program before the applica-3

tion of any expense, block, or other in-4

come disregard, that does not exceed5

133 percent of the poverty line (as de-6

fined in section 673(2) of the Commu-7

nity Services Block Grant Act (428

U.S.C. 9902(2), including any revision9

required by such section)) applicable10

to a family of the size used for pur-11

poses of determining eligibility for the12

Medicaid program; or13

(II) who is a member of a14

household (as that term is defined in15

section 245.2 of title 7, Code of Fed-16

eral Regulations (or successor regula-17

tions) with a child described in sub-18

clause (I).19

(ii) MEDICAID PROGRAM.The term20

Medicaid program means the program of21

medical assistance established under title22

XIX of the Social Security Act (42 U.S.C.23

1396 et seq.).24

(B) DEMONSTRATION PROJECT.25


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(i) IN GENERAL.The Secretary,1

acting through the Administrator of the2

Food and Nutrition Service and in co-3

operation with selected State agencies,4

shall conduct a demonstration project in5

selected local educational agencies to deter-6

mine whether direct certification of eligible7

children is an effective method of certifying8

children for free lunches and breakfasts9

under section 9(b)(1)(A) of this Act and10

section 4(e)(1)(A) of the Child Nutrition11

Act of 1966 (42 U.S.C. 1773(e)(1)(A)).12

(ii) PHASE IN PERIOD.The Sec-13

retary shall carry out the demonstration14

project under this subparagraph15

(I) for the school year beginning16

July 1, 2012, in selected local edu-17

cational agencies that serve 2.5 per-18

cent of students certified for free and19

reduced price meals;20

(II) for the school year begin-21

ning July 1, 2013, in selected local22

educational agencies that serve 5 per-23

cent of students certified for free and24

reduced price meals; and25


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(III) for the school year begin-1

ning July 1, 2014, and each subse-2

quent school year, in selected local3

educational agencies that serve 104

percent of students certified for free5

and reduced price meals.6

(iii) PURPOSES OF THE PROJECT.7

At a minimum, the purposes of the dem-8

onstration project shall be9

(I) to determine the potential of10

direct certification with the Medicaid11

program to reach children who are eli-12

gible for free meals but not certified13

to receive the meals;14

(II) to determine the potential15

of direct certification with the Med-16

icaid program to directly certify chil-17

dren who are enrolled for free meals18

based on a household application; and19

(III) to provide an estimate of20

the effect on Federal costs and on21

participation in the school lunch pro-22

gram under this Act and the school23

breakfast program established by sec-24

tion 4 of the Child Nutrition Act of25


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agreement described in subparagraph (D)1

shall establish procedures under which an2

eligible child shall be certified for free3

lunches under this Act and free breakfasts4

under section 4 of the Child Nutrition Act5

of 1966 (42 U.S.C. 1773), without further6

application (as defined in paragraph7

(4)(G)).8

(D) CERTIFICATION.For the school9

year beginning on July 1, 2012, and each sub-10

sequent school year, subject to paragraph (6),11

the local educational agencies participating in12

the demonstration project shall certify an eligi-13

ble child as eligible for free lunches under this14

Act and free breakfasts under the Child Nutri-15

tion Act of 1966 (42 U.S.C. 1771 et seq.),16

without further application (as defined in para-17

graph (4)(G)).18

(E) SITE SELECTION.19

(i) IN GENERAL.To be eligible to20

participate in the demonstration project21

under this subsection, a State agency shall22

submit to the Secretary an application at23

such time, in such manner, and containing24


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such information as the Secretary may re-1

quire.2

(ii) CONSIDERATIONS.In selecting3

States and local educational agencies for4

participation in the demonstration project,5

the Secretary may take into consideration6

such factors as the Secretary considers to7

be appropriate, which may include8

(I) the rate of direct certifi-9

cation;10

(II) the share of individuals who11

are eligible for benefits under the sup-12

plemental nutrition assistance pro-13

gram established under the Food and14

Nutrition Act of 2008 (7 U.S.C. 201115

et seq.) who participate in the pro-16

gram, as determined by the Secretary;17

(III) the income eligibility limit18

for the Medicaid program;19

(IV) the feasibility of matching20

data between local educational agen-21

cies and the Medicaid program;22

(V) the socioeconomic profile of23

the State or local educational agen-24

cies; and25


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(VI) the willingness of the State1

and local educational agencies to com-2

ply with the requirements of the dem-3

onstration project.4

(F) ACCESS TO DATA.For purposes of5

conducting the demonstration project under this6

paragraph, the Secretary shall have access to7

(i) educational and other records of8

State and local educational and other9

agencies and institutions receiving funding10

or providing benefits for 1 or more pro-11

grams authorized under this Act or the12

Child Nutrition Act of 1966 (42 U.S.C.13

1771 et seq.); and14

(ii) income and program participa-15

tion information from public agencies ad-16

ministering the Medicaid program.17

(G) REPORT TO CONGRESS.Not later18

than October 1, 2014, the Secretary shall sub-19

mit to the Committee on Education and Labor20

of the House of Representatives and the Com-21

mittee on Agriculture, Nutrition, and Forestry22

of the Senate, a report that describes the re-23

sults of the demonstration project required24

under this paragraph.25


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(H) FUNDING.1

(i) IN GENERAL.On October 1,2

2010, out of any funds in the Treasury not3

otherwise appropriated, the Secretary of4

the Treasury shall transfer to the Sec-5

retary to carry out this subsection6

$5,000,000, to remain available until ex-7

pended.8

(ii) RECEIPT AND ACCEPTANCE.9

The Secretary shall be entitled to receive,10

shall accept, and shall use to carry out this11

subsection the funds transferred under12

clause (i), without further appropriation..13

(b) DOCUMENTATION.Section 9(d)(2) of the Rich-14

ard B. Russell National School Lunch Act (42 U.S.C.15

1758(d)(2)) (as amended by section 102(c)) is amended16

(1) in subparagraph (E), by striking or at17

the end;18

(2) in subparagraph (F)(ii), by striking the pe-19

riod at the end and inserting ; or; and20


(G) documentation has been provided to22

the appropriate local educational agency show-23

ing the status of the child as an eligible child24

(as defined in subsection (b)(15)(A))..25


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(c) AGREEMENT FOR DIRECT CERTIFICATION AND1

COOPERATION BY STATE MEDICAIDAGENCIES.2

(1) IN GENERAL.Section 1902(a)(7) of the3

Social Security Act (42 U.S.C. 1396a(a)(7)) is4

amended to read as follows:5

(7) provide6

(A) safeguards which restrict the use or7

disclosure of information concerning applicants8

and recipients to purposes directly connected9

with10

(i) the administration of the plan;11

and12

(ii) the exchange of information nec-13

essary to certify or verify the certification14

of eligibility of children for free or reduced15

price breakfasts under the Child Nutrition16

Act of 1966 and free or reduced price17

lunches under the Richard B. Russell Na-18

tional School Lunch Act, in accordance19

with section 9(b) of that Act, using data20

standards and formats established by the21

State agency; and22

(B) that, notwithstanding the Express23

Lane option under subsection (e)(13), the State24

may enter into an agreement with the State25


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agency administering the school lunch program1

established under the Richard B. Russell Na-2

tional School Lunch Act under which the State3

shall establish procedures to ensure that4

(i) a child receiving medical assist-5

ance under the State plan under this title6

whose family income does not exceed 1337

percent of the poverty line (as defined in8

section 673(2) of the Community Services9

Block Grant Act, including any revision re-10

quired by such section), as determined11

without regard to any expense, block, or12

other income disregard, applicable to a13

family of the size involved, may be certified14

as eligible for free lunches under the Rich-15

ard B. Russell National School Lunch Act16

and free breakfasts under the Child Nutri-17

tion Act of 1966 without further applica-18

tion; and19

(ii) the State agencies responsible for20

administering the State plan under this21

title, and for carrying out child nutrition22

programs (as defined in section 25(b) of23

the Richard B. Russell National School24

Lunch Act) cooperate in carrying out para-25


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graphs (3)(F) and (15) of section 9(b) of1

that Act;.2

(2) EFFECTIVE DATE.3

(A) IN GENERAL.Except as provided in4

subparagraph (B), the amendments made by5

this subsection shall take effect on the date of6

enactment of this Act.7

(B) E XTENSION OF EFFECTIVE DATE FOR8

STATE LAW AMENDMENT.In the case of a9

State plan under title XIX of the Social Secu-10

rity Act (42 U.S.C. 1396 et seq.) which the11

Secretary of Health and Human Services deter-12

mines requires State legislation in order for the13

plan to meet the additional requirements im-14

posed by the amendments made by this section,15

the State plan shall not be regarded as failing16

to comply with the requirements of the amend-17

ments made by this section solely on the basis18

of its failure to meet such additional require-19

ments before the first day of the first calendar20

quarter beginning after the close of the first21

regular session of the State legislature that be-22

gins after the date of the enactment of this Act.23

For purposes of the previous sentence, in the24

case of a State that has a 2-year legislative ses-25


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sion, each year of the session is considered to1

be a separate regular session of the State legis-2

lature.3

(d) CONFORMING AMENDMENTS.Section 444(b)(1)4

of the General Education Provisions Act (20 U.S.C.5

1232g(b)(1)) is amended6

(1) in subparagraph (I), by striking and at7

the end;8

(2) in subparagraph (J)(ii), by striking the pe-9

riod at the end and inserting ; and;10


(K) the Secretary of Agriculture for the pur-12

poses of conducting program monitoring, evalua-13

tions, and performance measurements of State and14

local educational and other agencies and institutions15

receiving funding or providing benefits of 1 or more16

programs authorized under the Richard B. Russell17

National School Lunch Act (42 U.S.C. 1751 et seq.)18

or the Child Nutrition Act of 1966 (42 U.S.C. 177119

et seq.) for which the results will be reported in an20

aggregate form that does not identify any indi-21

vidual..22


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SEC. 104. ELIMINATING INDIVIDUAL APPLICATIONS1

THROUGH COMMUNITY ELIGIBILITY.2

(a) UNIVERSAL MEAL SERVICE IN HIGH POVERTY3

AREAS.4

(1) ELIGIBILITY.Section 11(a)(1) of the5

Richard B. Russell National School Lunch Act (426

U.S.C. 1759a(a)(1)) is amended by adding at the7

end the following:8

(F) UNIVERSAL MEAL SERVICE IN HIGH9

POVERTY AREAS.10

(i) DEFINITION OF IDENTIFIED STU-11

DENTS.The term identified students12

means students certified based on docu-13

mentation of benefit receipt or categorical14

eligibility as described in section15

245.6a(c)(2) of title 7, Code of Federal16

Regulations (or successor regulations).17

(ii) ELECTION OF SPECIAL ASSIST-18

ANCE PAYMENTS.19

(I) IN GENERAL.A local edu-20

cational agency may, for all schools in21

the district or on behalf of certain22

schools in the district, elect to receive23

special assistance payments under this24

subparagraph in lieu of special assist-25

ance payments otherwise made avail-26


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able under this paragraph based on1

applications for free and reduced price2

lunches if the local educational agen-3

cy4

(aa) during a period of 45

successive school years, elects to6

serve all children in the applica-7

ble schools free lunches and8

breakfasts under the school lunch9

program under this Act and the10

school breakfast program estab-11

lished under section 4 of the12

Child Nutrition Act of 1966 (4213

U.S.C. 1773);14

(bb) pays, from sources15

other than Federal funds, the16

costs of serving the lunches or17

breakfasts that are in excess of18

the value of assistance received19

under this Act and the Child Nu-20

trition Act of 1966 (42 U.S.C.21

1771 et seq.);22

(cc) is not a residential23

child care institution (as that24

term is used in section 210.2 of25


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title 7, Code of Federal Regula-1

tions (or successor regulations));2

and3

(dd) during the school year4

prior to the first year of the pe-5

riod for which the school elects to6

receive special assistance pay-7

ments under this subparagraph,8

had a percentage of enrolled stu-9

dents who were identified stu-10

dents that meets or exceeds the11

threshold described in clause12

(viii).13

(II) ELECTION TO STOP RE-14

CEIVING PAYMENTS.A local edu-15

cational agency may, for all schools in16

the district or on behalf of certain17

schools in the district, elect to stop re-18

ceiving special assistance payments19

under this subparagraph for the fol-20

lowing school year by notifying the21

State agency not later than June 3022

of the current school year of the in-23

tention to stop receiving special assist-24


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ance payments under this subpara-1

graph2

(iii) FIRST YEAR OF OPTION.3

(I) SPECIAL ASSISTANCE PAY-4

MENT.For each month of the first5

school year of the 4-year period dur-6

ing which a school or local educational7

agency elects to receive payments8

under this subparagraph, special as-9

sistance payments at the rate for free10

meals shall be made under this sub-11

paragraph for a percentage of all re-12

imbursable meals served in an amount13

equal to the product obtained by mul-14

tiplying15

(aa) the multiplier de-16

scribed in clause (vii); by17

(bb) the percentage of18

identified students at the school19

or local educational agency as of20

April 1 of the prior school year,21

up to a maximum of 100 percent.22

(II) P AYMENT FOR OTHER23

MEALS.The percentage of meals24

served that is not described in sub-25


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clause (I) shall be reimbursed at the1

rate provided under section 4.2

(iv) SECOND, THIRD, OR FOURTH3

YEAR OF OPTION.4

(I) SPECIAL ASSISTANCE PAY-5

MENT.For each month of the sec-6

ond, third, or fourth school year of7

the 4-year period during which a8

school or local educational agency9

elects to receive payments under this10

subparagraph, special assistance pay-11

ments at the rate for free meals shall12

be made under this subparagraph for13

a percentage of all reimbursable meals14

served in an amount equal to the15

product obtained by multiplying16



(bb) the higher of the per-19

centage of identified students at20

the school or local educational21

agency as of April 1 of the prior22

school year or the percentage of23




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April 1 of the school year prior to1

the first year that the school or2

local educational agency elected3

to receive special assistance pay-4

ments under this subparagraph,5


(II) P AYMENT FOR OTHER7



clause (I) shall be reimbursed at the10


(v) GRACE YEAR.12

(I) IN GENERAL.If, not later13

than April 1 of the fourth year of a14

4-year period described in clause15

(ii)(I), a school or local educational16

agency has a percentage of enrolled17

students who are identified students18

that meets or exceeds a percentage19

that is 10 percentage points lower20

than the threshold described in clause21

(viii), the school or local educational22

agency may elect to receive special as-23

sistance payments under subclause24

(II) for an additional grace year.25


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(II) SPECIAL ASSISTANCE PAY-1

MENT.For each month of a grace2

year, special assistance payments at3

the rate for free meals shall be made4

under this subparagraph for a per-5

centage of all reimbursable meals6

served in an amount equal to the7

product obtained by multiplying8



(bb) the percentage of11



April 1 of the prior school year,14


(III) P AYMENT FOR OTHER16



clause (II) shall be reimbursed at the19


(vi) APPLICATIONS.A school or21

local educational agency that receives spe-22

cial assistance payments under this sub-23

paragraph may not be required to collect24


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applications for free and reduced price1

lunches.2

(vii) MULTIPLIER.3

(I) PHASE-IN.For each school4

year beginning on or before July 1,5

2013, the multiplier shall be 1.6.6

(II) FULL IMPLEMENTATION.7

For each school year beginning on or8

after July 1, 2014, the Secretary may9

use, as determined by the Secretary10

(aa) a multiplier between11

1.3 and 1.6; and12

(bb) subject to item (aa), a13

different multiplier for different14

schools or local educational agen-15

cies.16

(viii) THRESHOLD.17

(I) PHASE-IN.For each school18

year beginning on or before July 1,19

2013, the threshold shall be 40 per-20

cent.21

(II) FULL IMPLEMENTATION.22

For each school year beginning on or23

after July 1, 2014, the Secretary may24


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use a threshold that is less than 401

percent.2

(ix) PHASE-IN.3

(I) IN GENERAL.In selecting4

States for participation during the5

phase-in period, the Secretary shall6

select States with an adequate num-7

ber and variety of schools and local8

educational agencies that could ben-9

efit from the option under this sub-10

paragraph, as determined by the Sec-11

retary.12

(II) LIMITATION.The Sec-13

retary may not approve additional14

schools and local educational agencies15

to receive special assistance payments16

under this subparagraph after the17

Secretary has approved schools and18

local educational agencies in19

(aa) for the school year be-20

ginning on July 1, 2011, 321

States; and22

(bb) for each of the school23

years beginning July 1, 2012 and24


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July 1, 2013, an additional 41

States per school year.2

(x) ELECTION OF OPTION.3

(I) IN GENERAL.For each4

school year beginning on or after July5

1, 2014, any local educational agency6

eligible to make the election described7

in clause (ii) for all schools in the dis-8

trict or on behalf of certain schools in9

the district may elect to receive spe-10

cial assistance payments under clause11

(iii) for the next school year if, not12

later than June 30 of the current13

school year, the local educational14

agency submits to the State agency15

the percentage of identified students16

at the school or local educational17

agency.18

(II) STATE AGENCY NOTIFICA-19

TION.Not later than May 1 of each20


1, 2011, each State agency with22

schools or local educational agencies23

that may be eligible to elect to receive24


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subparagraph shall notify2

(aa) each local educational3

agency that meets or exceeds the4

threshold described in clause5

(viii) that the local educational6

agency is eligible to elect to re-7

ceive special assistance payments8

under clause (iii) for the next 49

school years, of the blended reim-10

bursement rate the local edu-11

cational agency would receive12

under clause (iii), and of the pro-13

cedures for the local educational14

agency to make the election;15

(bb) each local educational16

agency that receives special as-17

sistance payments under clause18

(iii) of the blended reimburse-19

ment rate the local educational20

agency would receive under21

clause (iv);22

(cc) each local educational23

agency in the fourth year of24

electing to receive special assist-25


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ance payments under this sub-1

paragraph that meets or exceeds2

a percentage that is 10 percent-3

age points lower than the thresh-4

old described in clause (viii) and5

that receives special assistance6

payments under clause (iv), that7

the local educational agency may8

continue to receive such pay-9

ments for the next school year, of10

the blended reimbursement rate11

the local educational agency12

would receive under clause (v),13

and of the procedures for the14

local educational agency to make15

the election; and16

(dd) each local educational17

agency that meets or exceeds a18

percentage that is 10 percentage19

points lower than the threshold20

described in clause (viii) that the21

local educational agency may be22

eligible to elect to receive special23

assistance payments under clause24

(iii) if the threshold described in25


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clause (viii) is met by April 1 of1

the school year or if the thresh-2

old is met for a subsequent3

school year.4

(III) PUBLIC NOTIFICATION OF5

LOCAL EDUCATIONAL AGENCIES.6

Not later than May 1 of each school7

year beginning on or after July 1,8

2011, each State agency with 1 or9

more schools or local educational10

agencies eligible to elect to receive11

special assistance payments under12

clause (iii) shall submit to the Sec-13

retary, and the Secretary shall pub-14

lish, lists of the local educational15

agencies receiving notices under sub-16

clause (II).17

(IV) PUBLIC NOTIFICATION OF18

SCHOOLS.Not later than May 1 of19

each school year beginning on or after20

July 1, 2011, each local educational21

agency in a State with 1 or more22

schools eligible to elect to receive spe-23

cial assistance payments under clause24


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38


(iii) shall submit to the State agency,1

and the State agency shall publish2

(aa) a list of the schools3

that meet or exceed the threshold4

described in clause (viii);5

(bb) a list of the schools6

that meet or exceed a percentage7

that is 10 percentage points8

lower than the threshold de-9

scribed in clause (viii) and that10

are in the fourth year of receiv-11

ing special assistance payments12

under clause (iv); and13

(cc) a list of the schools14

that meet or exceed a percentage15

that is 10 percentage points16

lower than the threshold de-17

scribed in clause (viii).18

(xi) IMPLEMENTATION.19

(I) GUIDANCE.Not later than20

90 days after the date of enactment of21

this subparagraph, the Secretary shall22

issue guidance to implement this sub-23

paragraph.24


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(II) REGULATIONS.Not later1

than December 31, 2013, the Sec-2

retary shall promulgate regulations3

that establish procedures for State4

agencies, local educational agencies,5

and schools to meet the requirements6

of this subparagraph, including exer-7

cising the option described in this sub-8

paragraph.9

(III) PUBLICATION.If the10

Secretary uses the authority provided11

in clause (vii)(II)(bb) to use a dif-12

ferent multiplier for different schools13

or local educational agencies, for each14


1, 2014, not later than April 1, 2014,16

the Secretary shall publish on the17

website of the Secretary a table that18

indicates19

(aa) each local educational20

agency that may elect to receive21

special assistance payments22

under clause (ii);23

(bb) the blended reimburse-24

ment rate that each local edu-25


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40


cational agency would receive;1

and2

(cc) an explanation of the3

methodology used to calculate the4

multiplier or threshold for each5

school or local educational agen-6

cy.7

(xii) REPORT.Not later than De-8

cember 31, 2013, the Secretary shall pub-9

lish a report that describes10

(I) an estimate of the number11

of schools and local educational agen-12

cies eligible to elect to receive special13

assistance payments under this sub-14

paragraph that do not elect to receive15

the payments;16

(II) for schools and local edu-17

cational agencies described in sub-18

clause (I)19

(aa) barriers to participa-20

tion in the special assistance op-21

tion under this subparagraph, as22

described by the nonparticipating23

schools and local educational24

agencies; and25


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41


(bb) changes to the special1

assistance option under this sub-2

paragraph that would make eligi-3

ble schools and local educational4

agencies more likely to elect to5


ments;7

(III) for schools and local edu-8

cational agencies that elect to receive9


subparagraph11

(aa) the number of schools12

and local educational agencies;13

(bb) an estimate of the per-14

centage of identified students and15

the percentage of enrolled stu-16

dents who were certified to re-17

ceive free or reduced price meals18

in the school year prior to the19

election to receive special assist-20

ance payments under this sub-21

paragraph, and a description of22

how the ratio between those per-23

centages compares to 1.6;24


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42


(cc) an estimate of the1

number and share of schools and2

local educational agencies in3

which more than 80 percent of4

students are certified for free or5

reduced price meals that elect to6


ments under that clause; and8

(dd) whether any of the9

schools or local educational agen-10

cies stopped electing to receive11

special assistance payments12

under this subparagraph;13

(IV) the impact of electing to14

receive special assistance payments15

under this subparagraph on16

(aa) program integrity;17

(bb) whether a breakfast18

program is offered;19

(cc) the type of breakfast20

program offered;21

(dd) the nutritional quality22

of school meals; and23

(ee) program participation;24

and25


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43


(V) the multiplier and thresh-1

old, as described in clauses (vii) and2

(viii) respectively, that the Secretary3

will use for each school year beginning4

on or after July 1, 2014 and the ra-5

tionale for any change in the multi-6

plier or threshold.7

(xiii) FUNDING.8

(I) IN GENERAL.On the date9

of enactment of this subparagraph,10

out of any funds in the Treasury not11

otherwise appropriated, the Secretary12

of the Treasury shall transfer to the13

Secretary to carry out clause (xii)14

$5,000,000, to remain available until15

December 31, 2013.16

(II) RECEIPT AND ACCEPT-17

ANCE.The Secretary shall be enti-18

tled to receive, shall accept, and shall19

use to carry out clause (xii) the funds20

transferred under subclause (I), with-21

out further appropriation..22

(2) CONFORMING AMENDMENTS.Section23

11(a)(1)(B) of the Richard B. Russell National24

School Lunch Act (42 U.S.C. 1759a(a)(1)(B)) is25


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44


amended by striking or (E) and inserting (E), or1

(F).2

(b) UNIVERSAL MEAL SERVICE THROUGH CENSUS3

DATA.Section 11 of the Richard B. Russell National4

School Lunch Act (42 U.S.C. 1759a) is amended by add-5

ing at the end the following:6

(g) UNIVERSAL MEAL SERVICE THROUGH CENSUS7

DATA.8

(1) IN GENERAL.To the maximum extent9

practicable, the Secretary shall identify alternatives10

to11

(A) the daily counting by category of12

meals provided by school lunch programs under13

this Act and the school breakfast program es-14

tablished by section 4 of the Child Nutrition15

Act of 1966 (42 U.S.C. 1773); and16

(B) the use of annual applications as the17

basis for eligibility to receive free meals or re-18

duced price meals under this Act.19

(2) RECOMMENDATIONS.20

(A) IN GENERAL.In identifying alter-21

natives under paragraph (1), the Secretary22

shall consider the recommendations of the Com-23

mittee on National Statistics of the National24

Academy of Sciences relating to use of the25


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45


American Community Survey of the Bureau of1

the Census and other data sources.2

(B) USE OF RECOMMENDATION.Rec-3

ommendations described in subparagraph (A)4

that provide accurate and effective means of5

providing meal reimbursement consistent with6

the eligibility status of students may be7

(i) implemented for use in schools or8

by school food authorities that agree9

(I) to serve all breakfasts and10

lunches to students at no cost in ac-11

cordance with regulations issued by12

the Secretary; and13

(II) to pay, from sources other14

than Federal funds, the costs of serv-15

ing any lunches and breakfasts that16

are in excess of the value of assistance17

received under this Act or the Child18

Nutrition Act of 1966 (42 U.S.C.19

1771 et seq.) with respect to the num-20

ber of lunches and breakfasts served21

during the applicable period; or22

(ii) further tested through dem-23

onstration projects carried out by the Sec-24


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46


retary in accordance with subparagraph1

(C).2

(C) DEMONSTRATION PROJECTS.3

(i) IN GENERAL.For the purpose4

of carrying out demonstration projects de-5

scribed in subparagraph (B), the Secretary6

may waive any requirement of this Act re-7

lating to8

(I) counting of meals provided9

by school lunch or breakfast pro-10

grams; or11

(II) applications for eligibility12

for free or reduced priced meals.13

(ii) NUMBER OF PROJECTS.The14

Secretary shall carry out demonstration15

projects under this paragraph in not more16

than 5 local educational agencies for each17

alternative model that is being tested.18

(iii) LIMITATION.A demonstration19

project carried out under this paragraph20

shall have a duration of not more than 321

years.22

(iv) EVALUATION.The Secretary23

shall evaluate each demonstration project24

carried out under this paragraph in ac-25


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cordance with procedures established by1

the Secretary.2

(v) REQUIREMENT.In carrying out3

evaluations under clause (iv), the Secretary4

shall evaluate, using comparisons with5

local educational agencies with similar de-6

mographic characteristics7

(I) the accuracy of the 1 or8

more methodologies adopted as com-9

pared to the daily counting by cat-10

egory of meals provided by school11

meal programs under this Act or the12

Child Nutrition Act of 1966 (4213

U.S.C. 1771 et seq.) and the use of14

annual applications as the basis for15

eligibility to receive free or reduced16

price meals under those Acts;17

(II) the effect of the 1 or more18

methodologies adopted on participa-19

tion in programs under those Acts;20

(III) the effect of the 1 or more21

methodologies adopted on administra-22

tion of programs under those Acts;23

and24


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(IV) such other matters as the1

Secretary determines to be appro-2

priate..3

Subtitle BSummer Food Service4

Program5

SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC6

AND PRIVATE SPONSORS.7

Section 13(a) of the Richard B. Russell National8

School Lunch Act (42 U.S.C. 1761(a)) is amended by9

striking paragraph (7) and inserting the following:10

(7) PRIVATE NONPROFIT ORGANIZATIONS.11

(A) DEFINITION OF PRIVATE NONPROFIT12

ORGANIZATION.In this paragraph, the term13

private nonprofit organization means an orga-14

nization that15

(i) exercises full control and author-16

ity over the operation of the program at all17

sites under the sponsorship of the organi-18

zation;19

(ii) provides ongoing year-round ac-20

tivities for children or families;21

(iii) demonstrates that the organiza-22

tion has adequate management and the fis-23

cal capacity to operate a program under24

this section; and25


49/187

49


(iv) meets applicable State and local1

health, safety, and sanitation standards.2

(B) ELIGIBILITY.Private nonprofit or-3

ganizations (other than organizations eligible4

under paragraph (1)) shall be eligible for the5

program under the same terms and conditions6

as other service institutions..7

SEC. 112. OUTREACH TO ELIGIBLE FAMILIES.8


School Lunch Act (42 U.S.C. 1761(a)) is amended by add-10


(11) OUTREACH TO ELIGIBLE FAMILIES.12

(A) IN GENERAL.The Secretary shall13

require each State agency that administers the14

national school lunch program under this Act to15

ensure that, to the maximum extent practicable,16

school food authorities participating in the17

school lunch program under this Act cooperate18

with participating service institutions to dis-19

tribute materials to inform families of20

(i) the availability and location of21

summer food service program meals; and22

(ii) the availability of reimbursable23

breakfasts served under the school break-24

fast program established by section 4 of25


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50


the Child Nutrition Act of 1966 (421

U.S.C. 1773).2

(B) INCLUSIONS.Informational activi-3

ties carried out under subparagraph (A) may4

include5

(i) the development or dissemination6

of printed materials, to be distributed to7

all school children or the families of school8

children prior to the end of the school9

year, that inform families of the avail-10

ability and location of summer food service11

program meals;12

(ii) the development or dissemination13

of materials, to be distributed using elec-14

tronic means to all school children or the15

families of school children prior to the end16

of the school year, that inform families of17

the availability and location of summer18

food service program meals; and19

(iii) such other activities as are ap-20

proved by the applicable State agency to21

promote the availability and location of22

summer food service program meals to23

school children and the families of school24

children.25


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(C) MULTIPLE STATE AGENCIES.If the1

State agency administering the program under2

this section is not the same State agency that3

administers the school lunch program under4

this Act, the 2 State agencies shall work coop-5

eratively to implement this paragraph..6

Subtitle CChild and Adult Care7

Food Program8

SEC. 121. SIMPLIFYING AREA ELIGIBILITY DETERMINA-9

TIONS IN THE CHILD AND ADULT CARE FOOD10

PROGRAM.11

Section 17(f)(3)(A)(ii)(I)(bb) of the Richard B. Rus-12

sell National School Lunch Act (42 U.S.C.13

1766(f)(3)(A)(ii)(I)(bb)) is amended by striking elemen-14

tary.15

SEC. 122. EXPANSION OF AFTERSCHOOL MEALS FOR AT-16

RISK CHILDREN.17

Section 17(r) of the Richard B. Russell National18

School Lunch Act (42 U.S.C. 1766(r)) is amended by19

striking paragraph (5) and inserting the following:20

(5) LIMITATION.An institution participating21

in the program under this subsection may not claim22

reimbursement for meals and snacks that are served23

under section 18(h) on the same day..24


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Subtitle DSpecial Supplemental1

Nutrition Program for Women,2

Infants, and Children3

SEC. 131. CERTIFICATION PERIODS.4

Section 17(d)(3)(A) of the Child Nutrition Act of5

1966 (42 U.S.C. 1786(d)(3)(A)) is amended by adding at6

the end the following:7

(iii) CHILDREN.A State may elect8

to certify participant children for a period9

of up to 1 year, if the State electing the10

option provided under this clause ensures11

that participant children receive required12

health and nutrition assessments..13

Subtitle EMiscellaneous14

SEC. 141. CHILDHOOD HUNGER RESEARCH.15

The Richard B. Russell National School Lunch Act16

is amended by inserting after section 22 (42 U.S.C.17

1769c) the following:18

SEC. 23. CHILDHOOD HUNGER RESEARCH.19

(a) RESEARCH ON CAUSES AND CONSEQUENCES OF20

CHILDHOOD

HUNGER

.21

(1) IN GENERAL.The Secretary shall con-22

duct research on23

(A) the causes of childhood hunger and24

food insecurity;25


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(B) the characteristics of households with1

childhood hunger and food insecurity; and2

(C) the consequences of childhood hunger3

and food insecurity.4

(2) AUTHORITY.In carrying out research5

under paragraph (1), the Secretary may6

(A) enter into competitively awarded con-7

tracts or cooperative agreements; or8

(B) provide grants to States or public or9

private agencies or organizations, as determined10

by the Secretary.11

(3) APPLICATION.To be eligible to enter into12

a contract or cooperative agreement or receive a13

grant under this subsection, a State or public or pri-14

vate agency or organization shall submit to the Sec-15

retary an application at such time, in such manner,16

and containing such information as the Secretary17

shall require.18

(4) AREAS OF INQUIRY.The Secretary shall19

design the research program to advance knowledge20

and understanding of information on the issues de-21

scribed in paragraph (1), such as22

(A) economic, health, social, cultural, de-23

mographic, and other factors that contribute to24

childhood hunger or food insecurity;25


54/187

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(B) the geographic distribution of child-1

hood hunger and food insecurity;2

(C) the extent to which3

(i) existing Federal assistance pro-4

grams, including the Internal Revenue5

Code of 1986, reduce childhood hunger6

and food insecurity; and7

(ii) childhood hunger and food inse-8

curity persist due to9

(I) gaps in program coverage;10

(II) the inability of potential11

participants to access programs; or12

(III) the insufficiency of pro-13

gram benefits or services;14

(D) the public health and medical costs of15

childhood hunger and food insecurity;16

(E) an estimate of the degree to which17

the Census Bureau measure of food insecurity18

underestimates childhood hunger and food inse-19

curity because the Census Bureau excludes cer-20

tain households, such as homeless, or other fac-21

tors;22

(F) the effects of childhood hunger on23

child development, well-being, and educational24

attainment; and25


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(G) such other critical outcomes as are1

determined by the Secretary.2

(5) FUNDING.3

(A) IN GENERAL.On October 1, 2010,4

out of any funds in the Treasury not otherwise5

appropriated, the Secretary of the Treasury6

shall transfer to the Secretary to carry out this7

subsection $10,000,000, to remain available8

until expended.9

(B) RECEIPT AND ACCEPTANCE.The10

Secretary shall be entitled to receive, shall ac-11

cept, and shall use to carry out this subsection12

the funds transferred under subparagraph (A),13

without further appropriation.14

(b) DEMONSTRATIONS PROJECTS TO END CHILD-15

HOOD HUNGER.16

(1) DEFINITIONS.In this subsection:17

(A) CHILD.The term child means a18

person under the age of 18.19

(B) SUPPLEMENTAL NUTRITION ASSIST-20

ANCE PROGRAM.The term supplemental nu-21

trition assistance program means the supple-22

mental nutrition assistance program established23

under the Food and Nutrition Act of 2008 (724

U.S.C. 2011 et seq.).25


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56


(2) PURPOSE.Under such terms and condi-1

tions as are established by the Secretary, the Sec-2

retary shall carry out demonstration projects that3

test innovative strategies to end childhood hunger,4

including alternative models for service delivery and5

benefit levels that promote the reduction or elimi-6

nation of childhood hunger and food insecurity.7

(3) PROJECTS.Demonstration projects car-8

ried out under this subsection may include projects9

that10

(A) enhance benefits provided under the11

supplemental nutrition assistance program for12

eligible households with children,13

(B) enhance benefits or provide for inno-14

vative program delivery models in the school15

meals, afterschool snack, and child and adult16

care food programs under this Act and the17

Child Nutrition Act of 1966 (42 U.S.C. 1771 et18

seq.); and19

(C) target Federal, State, or local assist-20

ance, including emergency housing or family21

preservation services, at households with chil-22

dren who are experiencing hunger or food inse-23

curity, to the extent permitted by the legal au-24


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thority establishing those assistance programs1

and services.2

(4) GRANTS.3

(A) IN GENERAL.In carrying out this4

subsection, the Secretary may enter into com-5

petitively awarded contracts or cooperative6

agreements with, or provide grants to, public or7

private organizations or agencies (as deter-8

mined by the Secretary), for use in accordance9

with demonstration projects that meet the pur-10

poses of this subsection.11

(B) APPLICATION.To be eligible to re-12

ceive a contract, cooperative agreement, or13

grant under this subsection, an organization or14

agency shall submit to the Secretary an applica-15

tion at such time, in such manner, and con-16

taining such information as the Secretary may17

require.18

(C) SELECTION CRITERIA.Demonstra-19

tion projects shall be selected based on publicly20

disseminated criteria that may include21

(i) an identification of a low-income22

target group that reflects individuals expe-23

riencing hunger or food insecurity;24


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58


(ii) a commitment to a demonstra-1

tion project that allows for a rigorous out-2

come evaluation as described in paragraph3

(6);4

(iii) a focus on innovative strategies5

to reduce the risk of childhood hunger or6

provide a significant improvement to the7

food security status of households with8

children; and9

(iv) such other criteria as are deter-10

mined by the Secretary.11

(5) CONSULTATION.In determining the12

range of projects and defining selection criteria13

under this subsection, the Secretary shall consult14

with15

(A) the Secretary of Health and Human16

Services;17

(B) the Secretary of Labor; and18

(C) the Secretary of Housing and Urban19

Development.20

(6) E VALUATION AND REPORTING.21

(A) INDEPENDENT EVALUATION.The22

Secretary shall provide for an independent eval-23

uation of each demonstration project carried24

out under this subsection that25


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(i) measures the impact of each dem-1

onstration project on appropriate participa-2

tion, food security, nutrition, and associ-3

ated behavioral outcomes among partici-4

pating households; and5

(ii) uses rigorous experimental de-6

signs and methodologies, particularly ran-7

dom assignment or other methods that are8

capable of producing scientifically valid in-9

formation regarding which activities are ef-10

fective in reducing the prevalence or pre-11

venting the incidence of food insecurity12

and hunger in the community, especially13

among children.14

(B) REPORTING.Not later than Decem-15

ber 31, 2011 and each December 31 thereafter16

until the date on which the last evaluation17

under subparagraph (A) is completed, the Sec-18

retary shall19

(i) submit to the Committee on Agri-20

culture and the Committee on Education21

and Labor of the House of Representatives22

and the Committee on Agriculture, Nutri-23

tion, and Forestry of the Senate a report24

that includes a description of25


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(I) the status of each dem-1

onstration project; and2

(II) the results of any evalua-3

tions of the demonstration projects4

completed during the previous fiscal5

year; and6

(ii) ensure that the evaluation results7

are shared broadly to inform policy mak-8

ers, service providers, other partners, and9

the public in order to promote the wide use10

of successful strategies.11

(7) FUNDING.12

(A) IN GENERAL.On October 1, 2010,13

out of any funds in the Treasury not otherwise14

appropriated, the Secretary of the Treasury15

shall transfer to the Secretary to carry out this16

subsection $40,000,000, to remain available17

until September 30, 2015.18

(B) RECEIPT AND ACCEPTANCE.The19

Secretary shall be entitled to receive, shall ac-20

cept, and shall use to carry out this subsection21

the funds transferred under subparagraph (A),22

without further appropriation.23

(C) USE OF FUNDS.Funds made avail-24

able under subparagraph (A) may be used to25


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carry out this subsection, including to pay Fed-1

eral costs associated with developing, soliciting,2

awarding, monitoring, evaluating, and dissemi-3

nating the results of each demonstration project4

under this subsection.5

(D) LIMITATIONS.6

(i) DURATION.No project may be7

funded under this subsection for more than8

5 years.9

(ii) PROJECT REQUIREMENTS.No10

project that makes use of, alters, or coordi-11

nates with the supplemental nutrition as-12

sistance program may be funded under13

this subsection unless the project is fully14

consistent with the project requirements15

described in section 17(b)(1)(B) of the16

Food and Nutrition Act of 2008 (7 U.S.C.17

2026(b)(1)(B)).18

(iii) HUNGER-FREE COMMUNITIES.19

No project may be funded under this sub-20

section that receives funding under section21

4405 of the Food, Conservation, and En-22

ergy Act of 2008 (7 U.S.C. 7517).23

(iv) OTHER BENEFITS.Funds24

made available under this subsection may25


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not be used for any project in a manner1

that is inconsistent with2

(I) this Act;3

(II) the Child Nutrition Act of4

1966 (42 U.S.C. 1771 et seq.);5

(III) the Food and Nutrition6

Act of 2008 (7 U.S.C. 2011 et seq.);7

or8

(IV) the Emergency Food As-9

sistance Act of 1983 (7 U.S.C. 750110

et seq.)..11

SEC. 142. REVIEW OF LOCAL POLICIES ON MEAL CHARGES12

AND PROVISION OF ALTERNATE MEALS.13

(a) IN GENERAL.14

(1) REVIEW.The Secretary, in conjunction15

with States and participating local educational agen-16

cies, shall examine the current policies and practices17

of States and local educational agencies regarding18

extending credit to children to pay the cost to the19

children of reimbursable school lunches and break-20

fasts.21

(2) SCOPE.The examination under paragraph22

(1) shall include the policies and practices in effect23

as of the date of enactment of this Act relating to24


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providing to children who are without funds a meal1

other than the reimbursable meals.2

(3) FEASIBILITY.In carrying out the exam-3

ination under paragraph (1), the Secretary shall4

(A) prepare a report on the feasibility of5

establishing national standards for meal6

charges and the provision of alternate meals;7

and8

(B) provide recommendations for imple-9

menting those standards.10

(b) FOLLOWUPACTIONS.11

(1) IN GENERAL.Based on the findings and12

recommendations under subsection (a), the Sec-13

retary may14

(A) implement standards described in15

paragraph (3) of that subsection through regu-16

lation;17

(B) test recommendations through dem-18

onstration projects; or19

(C) study further the feasibility of rec-20

ommendations.21

(2) F ACTORS FOR CONSIDERATION.In deter-22

mining how best to implement recommendations de-23

scribed in subsection (a)(3), the Secretary shall con-24

sider such factors as25


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(A) the impact of overt identification on1

children; and2

(B) the potential financial impact on local3

educational agencies.4

TITLE IIREDUCING CHILD-5

HOOD OBESITY AND IMPROV-6

ING THE DIETS OF CHILDREN7

Subtitle ANational School Lunch8

Program9

SEC. 201. PERFORMANCE-BASED REIMBURSEMENT RATE10

INCREASES FOR NEW MEAL PATTERNS.11

Section 4(b) of the Richard B. Russell National12

School Lunch Act (42 U.S.C. 1753(b)) is amended by add-13


(3) ADDITIONAL REIMBURSEMENT.15

(A) REGULATIONS.16

(i) PROPOSED REGULATIONS.Not-17

withstanding section 9(f), not later than18

18 months after the date of enactment of19

this paragraph, the Secretary shall promul-20

gate proposed regulations to update the21

meal patterns and nutrition standards for22

the school lunch program authorized under23

this Act and the school breakfast program24

established by section 4 of the Child Nutri-25


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tion Act of 1966 (42 U.S.C. 1773) based1

on recommendations made by the Food2

and Nutrition Board of the National Re-3

search Council of the National Academy of4

Sciences.5

(ii) INTERIM OR FINAL REGULA-6

TIONS.7

(I) IN GENERAL.Not later8

than 18 months after promulgation of9

the proposed regulations under clause10

(i), the Secretary shall promulgate in-11

terim or final regulations.12

(II) D ATE OF REQUIRED COM-13

PLIANCE.The Secretary shall estab-14

lish in the interim or final regulations15

a date by which all school food au-16

thorities participating in the school17

lunch program authorized under this18

Act and the school breakfast program19

established by section 4 of the Child20

Nutrition Act of 1966 (42 U.S.C.21

1773) are required to comply with the22

meal pattern and nutrition standards23

established in the interim or final reg-24

ulations.25


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(iii) REPORT TO CONGRESS.Not1

later than 90 days after the date of enact-2

ment of this paragraph, and each 90 days3

thereafter until the Secretary has promul-4

gated interim or final regulations under5

clause (ii), the Secretary shall submit to6

the Committee on Education and Labor of7

the House of Representatives and the8

Committee on Agriculture, Nutrition, and9

Forestry of the Senate a quarterly report10

on progress made toward promulgation of11

the regulations described in this subpara-12

graph.13

(B) PERFORMANCE-BASED REIMBURSE-14

MENT RATE INCREASE.Beginning on the later15

of the date of promulgation of the interim or16

final regulations described in subparagraph17

(A)(ii) or the date of enactment of this para-18

graph, the Secretary shall provide additional re-19

imbursement for each lunch served in school20

food authorities determined to be eligible under21

subparagraph (D).22

(C) ADDITIONAL REIMBURSEMENT.23

(i) IN GENERAL.Each lunch served24

in school food authorities determined to be25


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eligible under subparagraph (D) shall re-1

ceive an additional 6 cents, adjusted in ac-2

cordance with section 11(a)(3), to the na-3

tional lunch average payment for each4

lunch served.5

(ii) DISBURSEMENT.The State6

agency shall disburse funds made available7

under this paragraph to school food au-8

thorities eligible to receive additional reim-9

bursement.10

(D) ELIGIBLE SCHOOL FOOD AUTHOR-11

ITY.To be eligible to receive an additional re-12

imbursement described in this paragraph, a13

school food authority shall be certified by the14

State to be in compliance with the interim or15

final regulations described in subparagraph16

(A)(ii).17

(E) F AILURE TO COMPLY.Beginning on18

the later of the date described in subparagraph19

(A)(ii)(II) or the date of enactment of this20

paragraph, school food authorities found to be21

out of compliance with the meal patterns or nu-22

trition standards established by the interim or23

final regulations shall not receive the additional24


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reimbursement for each lunch served described1

in this paragraph.2

(F) ADMINISTRATIVE COSTS.3

(i) IN GENERAL.Subject to clauses4

(ii) and (iii), the Secretary shall make5

funds available to States for State activi-6

ties related to training, technical assist-7

ance, certification, and oversight activities8

of this paragraph.9

(ii) PROVISION OF FUNDS.The10

Secretary shall provide funds described in11

clause (i) to States administering a school12

lunch program in a manner proportional to13

the administrative expense allocation of14

each State during the preceding fiscal15

year.16

(iii) FUNDING.17

(I) IN GENERAL.In the later18

of the fiscal year in which the interim19

or final regulations described in sub-20

paragraph (A)(ii) are promulgated or21

the fiscal year in which this para-22

graph is enacted, and in the subse-23

quent fiscal year, the Secretary shall24

use not more than $50,000,000 of25


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funds made available under section 31

to make payments to States described2

in clause (i).3

(II) RESERVATION.In pro-4

viding funds to States under clause5

(i), the Secretary may reserve not6

more than $3,000,000 per fiscal year7

to support Federal administrative ac-8

tivities to carry out this paragraph..9

SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK.10

Section 9(a)(2)(A) of the Richard B. Russell National11

School Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended12

by striking clause (i) and inserting the following:13

(i) shall only offer students fluid14

milk consistent with the most recent Die-15

tary Guidelines for Americans published16

under section 301 of the National Nutri-17

tion Monitoring and Related Research Act18

of 1990 (7 U.S.C. 5341);.19

SEC. 203. WATER.20


School Lunch Act (42 U.S.C. 1758(a)) is amended by add-22


(5) WATER.Schools participating in the24

school lunch program under this Act shall make25


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available to children free of charge, as nutritionally1

appropriate, potable water for consumption in the2

place where meals are served during meal service..3

SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTA-4

TION.5

(a) IN GENERAL.The Richard B. Russell National6

School Lunch Act is amended by inserting after section7

9 (42 U.S.C. 1758) the following:8

SEC. 9A. LOCAL SCHOOL WELLNESS POLICY.9

(a) IN GENERAL.Each local educational agency10

participating in a program authorized by this Act or the11

Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall12

establish a local school wellness policy for all schools under13

the jurisdiction of the local educational agency.14

(b) GUIDELINES.The Secretary shall promulgate15

regulations that provide the framework and guidelines for16

local educational agencies to establish local school wellness17

policies, including, at a minimum,18

(1) goals for nutrition education, physical ac-19

tivity, and other school-based activities that promote20

student wellness;21

(2) for all foods available on each school cam-22

pus under the jurisdiction of the local educational23

agency during the school day, nutrition guidelines24

that25


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(c) LOCAL DISCRETION.The local educational1

agency shall use the guidelines promulgated by the Sec-2

retary under subsection (b) to determine specific policies3

appropriate for the schools under the jurisdiction of the4

local educational agency.5

(d) TECHNICAL ASSISTANCE AND BEST PRAC-6

TICES.7

(1) IN GENERAL.The Secretary, in consulta-8

tion with the Secretary of Education and the Sec-9

retary of Health and Human Services, acting10

through the Centers for Disease Control and Preven-11

tion, shall provide, on request, information and tech-12

nical assistance to local educational agencies, school13

food authorities, and State educational agencies for14

use in establishing healthy school nutrition environ-15

ments that are intended to reduce childhood obesity16

and prevent chronic diet-related diseases.17

(2) CONTENT.The Secretary shall provide18

technical assistance that19

(A) includes relevant examples of the20

manner in which schools and local educational21

agencies offer healthy options for food sold or22

served in schools;23

(B) includ

senate's ag committee: 2010 child nutrition bill (draft) aka healthy, hunger-free kids act of 2010

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