123STA T . 213 5PUBLIC LA W 111 –80—O CT. 21 , 200 9prio ri ty to sch oo l s w h e re n ot less th a n 50 percent o f the enrolle d st u dents are eli g i b le for free or reduced price m eals under the R ichard B. Russell N ational S chool L unch A ct (42U .S. C . 17 51 et se q . ) . ( E ) Under the terms and conditions established by the Sec - retary , an eligible school food authority recei v ing a grant under this subsection shall use such funds to purchase equipment for schools under the j urisdiction of the school food authority — (i) to improve the quality of school meals, consistent with the goals of the most recent D ietary G uidelines for Americans published under section 3 01 of the National Nutrition M oni- toring and Related Research Act of 1 9 90 (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 19 6 6 (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) O n October 1, 2009, out of any funds in the T reasury 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 e x pended. (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) F rom 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) I n awarding grants under this subsection, the Secretary shall give priority to State agencies administering projects under the program that carry out each of the authori z ed 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; and Grants.I nt e r -gov ern m enta l relat i ons. Ch il d ren and y o u th. Ef fe c tive date.
