123STA T . 213 4PUBLIC LA W 111 –80—O CT. 21 , 200 9(B)thegr e a te s t imp r ov eme n t in proportion o fb reastfe d infants , as c ompared to other S tate agencies participating in the program . ( 2 ) I n providing performance bon u spa y ments to State agencies under this subsection, the Secretary sha l l 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) O n October 1, 2 0 0 9 , out of any funds in the T reasury not other w ise 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) F rom the funds made available under paragraph (5), the Secretary shall ma k e payments to State educational agencies to award grants to eligible school food authorities for the purchase ofe q uipment for schools under the jurisdiction of such authorities. (2)(A) P ayments under paragraph (1) shall be allocated to State educational agencies in a manner proportional with each agency’s administrative e x pense allocation under section 7 (a)(2) of the C hild N utrition Act of 19 6 6 (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 nec - essary. (3)(A) Not later than 1 8 0 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 L unch Program established under the R ichard 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 Pro- grams’’ 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 Defin i t i o n . De adl ine. I nte r-g o v ern m ental relation s . G rants. E ffe c tive date.
