SUPPORT FOR BREASTFEEDING IN THE WIC PROGRAM.

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 124 STAT. 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; and124 STAT. 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;124 STAT. 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”.