Appendix A Authorizing Legislation P.L. 111-296

Appendix A: Authorizing Legislation

PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 3183

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:

Dec. 13, 2010
[S. 3307]
Healthy, HungerFree Kids Act of
2010.
42 USC 1751
note.

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.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.

Improving direct certification.
Categorical eligibility of foster children.
Direct certification for children receiving Medicaid benefits.
Eliminating individual applications through community eligibility.
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.

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TITLE II—REDUCING CHILDHOOD OBESITY AND IMPROVING THE DIETS
OF CHILDREN
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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201.
202.
203.
204.
205.
206.

Subtitle A—National School Lunch Program
Performance-based reimbursement rate increases for new meal patterns.
Nutrition requirements for fluid milk.
Water.
Local school wellness policy implementation.
Equity in school lunch pricing.
Revenue from nonprogram foods sold in schools.

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124 STAT. 3184

PUBLIC LAW 111–296—DEC. 13, 2010

Sec.
Sec.
Sec.
Sec.

207.
208.
209.
210.

Reporting and notification of school performance.
Nutrition standards for all foods sold in school.
Information for the public on the school nutrition environment.
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.
Sec.
Sec.
Sec.
Sec.

241.
242.
243.
244.

Subtitle D—Miscellaneous
Nutrition education and obesity prevention grant program.
Procurement and processing of food service products and commodities.
Access to Local Foods: Farm to School Program.
Research on strategies to promote the selection and consumption of
healthy foods.

TITLE III—IMPROVING THE MANAGEMENT AND INTEGRITY OF CHILD
NUTRITION PROGRAMS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.
307.
308.

Subtitle A—National School Lunch Program
Privacy protection.
Applicability of food safety program on entire school campus.
Fines for violating program requirements.
Independent review of applications.
Program evaluation.
Professional standards for school food service.
Indirect costs.
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

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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.

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 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.

Deadline.
Contracts.

Effective date.

Subtitle C—Special Supplemental Nutrition Program for Women, Infants, and
Children

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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

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PUBLIC LAW 111–296—DEC. 13, 2010

124 STAT. 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.’’.

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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

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