Pub. L. 111-80, tit. VII, sec. 749

Sec. 749. (a) 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 “2009” and inserting “2010”.(b) Section 9(f)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(5)) is amended by striking “2009” and inserting “2010”.(c)(1) Section 9(h)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended by striking “2009” and inserting “2010”.(2) Section 9(h)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended by striking “2009” and inserting “2010”.123 STAT. 2132(d) Section 18(h)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(h)(5)) is amended by striking “2009” and inserting “2010”.(e) Section 21(g)(1)(A)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(g)(1)(A)(ii)) is amended by striking “and October 1, 2008” and inserting “October 1, 2008, and October 1, 2009”.(f) Section 26(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended by striking “2009” and inserting “2010”.(g)(1) From the funds made available under paragraph (5), the Secretary shall carry out demonstration projects to develop and test methods of providing access to food for children in urban and rural areas during the summer months when schools are not in regular session to—(A) reduce or eliminate the food insecurity and hunger of children; and(B) improve the nutritional status of children.(2) For purposes of this subsection, the term “children” means low-income children, as specified by the Secretary.(3)(A) From the funds made available under paragraph (5), the Secretary shall provide for an independent evaluation of the demonstration projects carried out under this subsection, which shall use rigorous methodologies, including—(i) random assignment of children or schools, where practicable; or(ii) if random assignment of children or schools is not practicable, quasi-experimental or other methods that are capable of producing scientifically valid information regarding which projects are effective in achieving the purposes described in paragraph (1).(B)(i) Not later than December 31, 2010, and each December 31 thereafter until the completion of the last evaluation conducted under subparagraph (A) the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes—(I) the status of each demonstration project carried out under this subsection; and(II) the results of the evaluations conducted under subparagraph (A) for the previous fiscal year.(ii) Not later than 120 days after the completion of the last evaluation conducted under subparagraph (A), the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes recommendations on how to improve children’s access to food during the summer months when school is not in regular session.(4) The Secretary may use funds made available under paragraph (5) to pay—(A) participant benefits;(B) the added administrative expenses incurred by participating organizations as a result of participating in a project under this subsection;(C) costs associated with outreach to potential participants and potential sponsoring organizations; and123 STAT. 2133(D) costs associated with soliciting, administering, monitoring, and evaluating each demonstration project carried out under this subsection.(5)(A) On October 1, 2009, 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 $85,000,000, to remain available until expended.(B) The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.(h)(1)(A) From the funds made available under subparagraph (C), the Secretary shall provide assistance through grants to State agencies administering the National School Lunch Program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) with the lowest rates of children certified for free meals pursuant to paragraphs (4) and (5) of section 9(b) of such Act (42 U.S.C. 1758(b)(4); 1758(b)(5)) for the purpose of improving such rates.(B) Under the terms and conditions established by the Secretary, a State receiving grant funds under this subsection may use such funds to pay costs related to improving the rate of direct certification in such State, including the costs related to—(i) making technology improvements;(ii) providing technical assistance to local educational agencies;(iii) implementing a new or revised direct certification system in such State and in the local educational agencies of such State; and(iv) using multiple public means tested benefits programs for the purpose of direct certification.(C)(i) On October 1, 2009, 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 $22,000,000, to remain available until expended.(ii) The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under clause (i), without further appropriation.(2)(A) From the funds made available under subparagraph (B), the Secretary shall provide technical assistance to assist States receiving grants under paragraph (1), and other States, as appropriate, in improving the rates of direct certification.(B)(i) On October 1, 2009, 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 $3,000,000, to remain available until expended.(ii) The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under clause (i), without further appropriation.(i)(1) From the funds made available under paragraph (4), in carrying out the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786 et seq.) (in this subsection referred to as the “program”) during fiscal year 2010, the Secretary shall provide performance bonus payments to State agencies that demonstrate—(A) the highest proportion of breastfed infants, as compared to other State agencies participating in the program; or123 STAT. 2134(B) the greatest improvement in proportion of breastfed infants, as compared to other State agencies participating in the program.(2) In providing performance bonus payments to State agencies under this subsection, the Secretary shall consider a State agency’s proportion of participating fully breastfed infants.(3) A State agency that receives a performance bonus under paragraph (1)—(A) shall treat the funds as program income; and(B) may transfer the funds to local agencies for use in carrying out the program.(4)(A) On October 1, 2009, 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.(B) The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.(j)(1) From the funds made available under paragraph (5), the Secretary shall make payments to State educational agencies to award grants to eligible school food authorities for the purchase of equipment for schools under the jurisdiction of such authorities.(2)(A) Payments under paragraph (1) shall be allocated to State educational agencies in a manner proportional with each agency’s administrative expense allocation under section 7(a)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(2)).(B) If a State educational agency does not accept or use the amounts made available under its allocation in accordance with this subsection, the Secretary shall reallocate such amounts to other State educational agencies, as the Secretary determines necessary.(3)(A) Not later than 180 days after receiving an allocation under this subsection, a State educational agency shall award grants, on a competitive basis, to eligible school food authorities.(B) For the purposes of this subsection, the term “eligible school food authority” means a school food authority—(i) participating in the National School Lunch Program established under the Richard B. Russell National School Lunch Program (42 U.S. C. 1751 et seq.); and(ii) that did not receive a grant for equipment assistance under the grant program carried out pursuant to 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).(C) To qualify to receive a grant under this subsection, an eligible school food authority shall—(i) submit an application to a State educational agency at such time, in such manner, and containing such information as the State educational agency may require; or(ii) have submitted an application to receive equipment assistance under the grant program carried out pursuant to 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).(D) In awarding grants to eligible school food authorities, a State shall give priority to each eligible school food authority whose application demonstrates that in providing equipment assistance to schools with funds received under this subsection, it will give 123 STAT. 2135 priority to schools where not less than 50 percent of the enrolled students are eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).(E) Under the terms and conditions established by the Secretary, an eligible school food authority receiving a grant under this subsection shall use such funds to purchase equipment for schools under the jurisdiction of the school food authority—(i) to improve the quality of school meals, 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);(ii) to improve the safety of food served in the school meal programs established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);(iii) to improve the overall energy efficiency of school foodservice operations; or(iv) for other purposes as established by the Secretary.(4) A State educational agency receiving an allocation under this subsection may not use more than 5 percent of such allocation for administrative costs associated with awarding grants to eligible school food authorities in accordance with this subsection.(5)(A) On October 1, 2009, 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 $25,000,000, to remain available until expended.(B) The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.(k)(1) The purpose of this subsection is to provide grants, on a competitive basis, to State agencies administering 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) (referred to in this section as “the program”) for the purpose of improving the health and nutrition of children in child care settings.(2) From the funds made available under paragraph (8), the Secretary shall award grants, on a competitive basis, to State agencies administering the program for the purpose of promoting health and nutrition improvement in child care settings.(3) In awarding grants under this subsection, the Secretary shall give priority to State agencies administering projects under the program that carry out each of the authorized uses of funds described in paragraph (7).(4) A State receiving a grant under this subsection shall use not less than 50 percent of such grant funds to award subgrants to institutions for the purpose of conducting the activities described in paragraph (6).(5) For the purposes of this subsection, the term “institution” has the meaning given such term in section 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C.1766(a)(2)).(6) To be eligible to receive funds under this subsection, a State agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include—(A) a plan to improve the quality of food provided in—(i) child care centers; and123 STAT. 2136(ii) family or group day care homes; and(B) a description of—(i) the procedures by which the State agency will use the grant received under this subsection to award subgrants to institutions; and(ii) the criteria that the State agency will use in awarding such subgrants.(7) In addition to such other activities as the Secretary determines to be appropriate, State agencies and institutions may use funds provided under this subsection for activities that—(A) promote nutrition and physical activity in child care settings and that reflect the recommendations of—(i) the most recent version of the Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); and(ii) the most recent scientific knowledge;(B) provide technical assistance and training to sponsors and providers of child care centers and family or group day care homes in implementing State or local initiatives designed to improve the health and nutrition of children;(C) perform outreach campaigns on the State or local level that are designed to increase access to the program in underserved areas and populations; and(D) make innovative use of technology to provide training and education to promote the nutrition, physical activity, and health of children.(8)(A) On October 1, 2009, 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 $8,000,000, to remain available until expended.(B) The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.(l) For purposes of this section, the term “Secretary” means the Secretary of Agriculture.