124 STAT. 3203 PUBLIC LAW 111–296—DEC. 13, 2010 applicable nutritional guidelines and regulations issued by the Secretary. ‘‘(g) MAINTENANCE OF EFFORT.—Grants made available under this section shall not diminish or otherwise affect the expenditure of funds from State and local sources for the maintenance of the school breakfast program. ‘‘(h) REPORTS.—Not later than 18 months following the end of a school year during which subgrants are awarded under this section, the Secretary shall submit to Congress a report describing the activities of the qualifying schools awarded subgrants. ‘‘(i) EVALUATION.—Not later than 180 days before the end of a grant term under this section, a local educational agency that receives a subgrant under this section shall— ‘‘(1) evaluate whether electing to provide universal free breakfasts under the school breakfast program in accordance with Provision 2 as established under subsections (b) through (k) of section 245.9 of title 7, Code of Federal Regulations (or successor regulations), would be cost-effective for the quali- fied schools based on estimated administrative savings and economies of scale; and ‘‘(2) submit the results of the evaluation to the State edu- cational agency. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2010 through 2015.’’. Subtitle B—Summer Food Service Program SEC. 111. ALIGNMENT OF ELIGIBILITY RULES FOR PUBLIC AND PRI - VATE SPONSORS. Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended by striking paragraph (7) and inserting the following: ‘‘(7) PRIVATE NONPROFIT ORGANIZATIONS.— ‘‘(A) DEFINITION OF PRIVATE NONPROFIT ORGANIZA- TION.—In this paragraph, the term ‘private nonprofit organization’ means an organization that— ‘‘(i) exercises full control and authority over the operation of the program at all sites under the sponsor- ship of the organization; ‘‘(ii) provides ongoing year-round activities for chil- dren or families; ‘‘(iii) demonstrates that the organization has ade- quate management and the fiscal capacity to operate a program under this section; ‘‘(iv) is an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; and ‘‘(v) meets applicable State and local health, safety, and sanitation standards. ‘‘(B) ELIGIBILITY.—Private nonprofit organizations (other than organizations eligible under paragraph (1)) shall be eligible for the program under the same terms and conditions as other service institutions.’’. Deadline.
