Page:United States Statutes at Large Volume 124.djvu/3242

 124 STAT. 3216 PUBLIC LAW 111–296—DEC. 13, 2010 or the fiscal year in which this paragraph is enacted, and in the subsequent fiscal year, the Secretary shall use not more than $50,000,000 of funds made available under section 3 to make payments to States described in clause (i). ‘‘(II) RESERVATION.—In providing funds to States under clause (i), the Secretary may reserve not more than $3,000,000 per fiscal year to support Federal administrative activities to carry out this paragraph.’’. SEC. 202. NUTRITION REQUIREMENTS FOR FLUID MILK. Section 9(a)(2)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended by striking clause (i) and inserting the following: ‘‘(i) shall offer students a variety of fluid milk. Such milk shall be consistent with the most recent Dietary Guidelines for Americans published under sec- tion 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);’’. SEC. 203. WATER. Section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)) is amended by adding at the end the following: ‘‘(5) WATER.—Schools participating in the school lunch pro- gram under this Act shall make available to children free of charge, as nutritionally appropriate, potable water for consumption in the place where meals are served during meal service.’’. SEC. 204. LOCAL SCHOOL WELLNESS POLICY IMPLEMENTATION. (a) IN GENERAL.—The Richard B. Russell National School Lunch Act is amended by inserting after section 9 (42 U.S.C. 1758) the following: ‘‘SEC. 9A. LOCAL SCHOOL WELLNESS POLICY. ‘‘(a) IN GENERAL.—Each local educational agency participating in a program authorized by this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school wellness policy for all schools under the jurisdiction of the local educational agency. ‘‘(b) GUIDELINES.—The Secretary shall promulgate regulations that provide the framework and guidelines for local educational agencies to establish local school wellness policies, including, at a minimum,— ‘‘(1) goals for nutrition promotion and education, physical activity, and other school-based activities that promote student wellness; ‘‘(2) for all foods available on each school campus under the jurisdiction of the local educational agency during the school day, nutrition guidelines that— ‘‘(A) are consistent with sections 9 and 17 of this Act, and sections 4 and 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1773, 1779); and ‘‘(B) promote student health and reduce childhood obe- sity; Regulations. 42 USC 1758b.