Page:United States Statutes at Large Volume 124.djvu/3241

 124 STAT. 3215 PUBLIC LAW 111–296—DEC. 13, 2010 standards established in the interim or final regu- lations. ‘‘(iii) REPORT TO CONGRESS.—Not later than 90 days after the date of enactment of this paragraph, and each 90 days thereafter until the Secretary has promulgated interim or final regulations under clause (ii), the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and For- estry of the Senate a quarterly report on progress made toward promulgation of the regulations described in this subparagraph. ‘‘(B) PERFORMANCE-BASED REIMBURSEMENT RATE INCREASE.—Beginning on the later of the date of promulga- tion of the implementing regulations described in subpara- graph (A)(ii), the date of enactment of this paragraph, or October 1, 2012, the Secretary shall provide additional reimbursement for each lunch served in school food authori- ties determined to be eligible under subparagraph (D). ‘‘(C) ADDITIONAL REIMBURSEMENT.— ‘‘(i) IN GENERAL.—Each lunch served in school food authorities determined to be eligible under subpara- graph (D) shall receive an additional 6 cents, adjusted in accordance with section 11(a)(3), to the national lunch average payment for each lunch served. ‘‘(ii) DISBURSEMENT.—The State agency shall dis- burse funds made available under this paragraph to school food authorities eligible to receive additional reimbursement. ‘‘(D) ELIGIBLE SCHOOL FOOD AUTHORITY.—To be eligible to receive an additional reimbursement described in this paragraph, a school food authority shall be certified by the State to be in compliance with the interim or final regulations described in subparagraph (A)(ii). ‘‘(E) FAILURE TO COMPLY.—Beginning on the later of the date described in subparagraph (A)(ii)(II), the date of enactment of this paragraph, or October 1, 2012, school food authorities found to be out of compliance with the meal patterns or nutrition standards established by the implementing regulations shall not receive the additional reimbursement for each lunch served described in this paragraph. ‘‘(F) ADMINISTRATIVE COSTS.— ‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), the Secretary shall make funds available to States for State activities related to training, technical assist- ance, certification, and oversight activities of this para- graph. ‘‘(ii) PROVISION OF FUNDS.—The Secretary shall provide funds described in clause (i) to States admin- istering a school lunch program in a manner propor- tional to the administrative expense allocation of each State during the preceding fiscal year. ‘‘(iii) FUNDING.— ‘‘(I) IN GENERAL.—In the later of the fiscal year in which the implementing regulations described in subparagraph (A)(ii) are promulgated Effective date. Effective date.