12 2 STA T . 1 89 2 PUBLIC LA W 11 0– 2 46—J U NE 18 , 2008 (A)EXIST I NG S ECO N DARY SC H OO L S .—Section19 ( d )(1)( C ) o f t h e R ich ar d B . R us se l l N ational School L unch Act (as a m ended byp ara g raph (1)) may be w ai v ed by a State until J uly 1 ,20 10, for each secondary school in the State that has been awarded funding under section 1 8 (f) of that Act ( 4 2 U .S.C. 1 76 9(f)) for the school year beginning July 1, 2008. (B) SCHOOL YEAR B EGINNING JU LY 1 , 20 0 8 .— T o facilitate transition from the program authori z ed under section 18(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(f)) (as in effect on the day before the date of enactment of this Act) to the program established under section 19 of that Act (as amended by paragraph (1))— (i) for the school year beginning July 1, 2008, the Secretary may permit any school selected for participation under section 18(f) of that Act (42 U.S.C. 1769(f)) for that school year to continue to participate under section 19 of that Act until the end of that school year
and (ii) funds made available under that Act for fiscal year 2009 may be used to support the participation of any schools selected to participate in the program authorized under section 18(f) of that Act (42 U.S.C. 1769(f)) (as in effect on the day before the date of enactment of this Act). (b) CON F OR M ING AMENDMENTS.—Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended— (1) by stri k ing subsection (f); and (2) by redesignating subsections (g) through ( j )assub - sections (f) through (i), respectively. SEC.4305 . WHOL E GRAINP RO DU C T S. (a) P UR P OSE.—The purpose of this section is to encourage greater awareness and interest in the number and variety of whole grain products available to schoolchildren, as recommended by the 200 5D ietary G uidelines for Americans. (b) DEFINITION OF ELIGIBLE W HOLE GRAINS AND WHOLE GRAIN PRODUCTS.— I n this section, the terms ‘ ‘whole grains ’ ’ and ‘‘whole grain products’’ have the meaning given the terms by the F ood and Nutrition Service in the H ealthierUS School Challenge. (c) PURCHASE OF WHOLE GRAINS AND WHOLE GRAIN PROD- UCTS.—In addition to the commodities delivered under section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755), the Secretary shall purchase whole grains and whole grain products for use in— (1) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et se q .); and (2) the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 177 3 ). (d) E V ALUATION.—Not later than September 30, 2011, the Sec- retary shall conduct an evaluation of the activities conducted under subsection (c) that includes— (1) an evaluation of whether children participating in the school lunch and breakfast programs increased their consump- tion of whole grains; Deadlin e .42USC175 5a. W ai v e r a utho rit y .
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