124 STAT. 3258 PUBLIC LAW 111–296—DEC. 13, 2010 (f) TEMPORARY SPENDING AUTHORITY.—Section 17(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended by adding at the end the following: ‘‘(8) TEMPORARY SPENDING AUTHORITY.—During each of fiscal years 2012 and 2013, the Secretary may authorize a State agency to expend more than the amount otherwise author- ized under paragraph (3)(C) for expenses incurred under this section for supplemental foods during the preceding fiscal year, if the Secretary determines that— ‘‘(A) there has been a significant reduction in reported infant formula cost containment savings for the preceding fiscal year due to the implementation of subsection (h)(8)(K); and ‘‘(B) the reduction would affect the ability of the State agency to serve all eligible participants.’’. Subtitle E—Miscellaneous SEC. 361. FULL USE OF FEDERAL FUNDS. Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by striking subsection (b) and inserting the following: ‘‘(b) AGREEMENTS.— ‘‘(1) IN GENERAL.—The Secretary shall incorporate, in the agreement of the Secretary with the State agencies admin- istering programs authorized under this Act or the Child Nutri- tion Act of 1966 (42 U.S.C. 1771 et seq.), the express require- ments with respect to the operation of the programs to the extent applicable and such other provisions as in the opinion of the Secretary are reasonably necessary or appropriate to effectuate the purposes of this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ‘‘(2) EXPECTATIONS FOR USE OF FUNDS.—Agreements described in paragraph (1) shall include a provision that— ‘‘(A) supports full use of Federal funds provided to State agencies for the administration of programs author- ized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and ‘‘(B) excludes the Federal funds from State budget restrictions or limitations including, at a minimum— ‘‘(i) hiring freezes; ‘‘(ii) work furloughs; and ‘‘(iii) travel restrictions.’’. SEC. 362. DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS. Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) (as amended by section 206) is amended by adding at the end the following: ‘‘(r) DISQUALIFIED SCHOOLS, INSTITUTIONS, AND INDIVIDUALS.— Any school, institution, service institution, facility, or individual that has been terminated from any program authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and is on a list of disqualified institutions and individuals under section 13 or section 17(d)(5)(E) of this Act may not be approved to participate in or administer any program authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) .’’.
