I 

108TH CONGRESS 

1ST SESSION H. R. 3416

To reauthorize and make improvements to child nutrition programs. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2003

Mr. GEORGE MILLER of California (for himself, Ms. WOOLSEY, Mr. KILDEE, 

Mr. OWENS, Mr. PAYNE, Mr. ANDREWS, Mr. HINOJOSA, Mrs. MCCARTHY of New York, Mr. TIERNEY, Mr. KIND, Mr. KUCINICH, Mr. WU, Mr. 

HOLT, Mrs. DAVIS of California, Ms. MCCOLLUM, Mr. DAVIS of Illinois, 

Mr. CASE, Mr. GRIJALVA, Mr. VAN HOLLEN, Mr. RYAN of Ohio, and Mr. 

BISHOP of New York) introduced the following bill; which was referred 

to the Committee on Education and the Workforce 

A BILL

To reauthorize and make improvements to child nutrition 

programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Healthy Children 

5 Through Better Nutrition Act of 2003’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 
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TITLE I—EXPANDING ACCESS TO CHILD NUTRITION 

Sec. 101. Sense of Congress. 

Sec. 102. Expanded eligibility for free meals. 

Sec. 103. Homeless children eligibility. 

Sec. 104. Lowering area eligibility threshold. 

TITLE II—IMPROVING PROGRAM QUALITY IN CHILD NUTRITION 

Sec. 201. Verification. 

Sec. 202. Expansion of direct certification of eligibility. 

Sec. 203. Eligibility for recipients of other means-tested benefits. 

Sec. 204. Summer Food Program. 

Sec. 205. School Breakfast Programs. 

Sec. 206. Commodities for School Breakfast Programs. 

Sec. 207. Child and Adult Care Food Program. 

Sec. 208. Meals and supplements for children in afterschool care. 

TITLE III—YEAR ROUND COMMUNITY CHILD NUTRITION 

PROGRAM 

Sec. 301. Community Child Nutrition Program. 

TITLE IV—PROMOTING NUTRITION QUALITY AND PREVENTING 

CHILDHOOD OBESITY 

Sec. 401. Operational responsibility. 

Sec. 402. Regulation of competitive foods sold within food service areas. 

Sec. 403. Nutritional reviews. 

Sec. 404. School meals improvement grants. 

Sec. 405. Increased emphasis on fruits and vegetables in commodities program. 

Sec. 406. Fruit and Vegetable Pilot Program. 

Sec. 407. Nutrition education. 

Sec. 408. Fluid milk expansion. 

Sec. 409. Report on whole grains. 

Sec. 410. Time to eat. 

TITLE V—IMPROVEMENTS TO THE WOMEN, INFANTS, AND 

CHILDREN PROGRAM 

Sec. 501. Improving certification. 

Sec. 502. Required authorization. 

Sec. 503. Definition of nutrition education. 

Sec. 504. Limits on expenditures. 

Sec. 505. Decennial reviews. 

Sec. 506. Evaluation of inclusion of fruits and vegetables. 

Sec. 507. Authorization of appropriations. 

TITLE VI—BUILDING PARTNERSHIPS 

Sec. 601. Grants to support Farm-to-Cafeteria projects. 

Sec. 602. Buy American procurement training. 

Sec. 603. State technology improvements. 

TITLE VII—FOOD SAFETY IMPROVEMENTS 

Sec. 701. Notice of irradiated food. 
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TITLE VIII—GENERAL PROVISIONS 

Sec. 801. Reauthorization of programs.

1 TITLE I—EXPANDING ACCESS TO 

2 CHILD NUTRITION 

3 SEC. 101. SENSE OF CONGRESS. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) The Federal child nutrition programs have 

6 proven to be an effective tool in helping children suc7 ceed in school. 

8 (2) Ensuring access to Federal nutrition pro9 grams by children, particularly those who are eco10 nomically disadvantaged, is essential for their edu11 cational, physical, and emotional development. 

12 (3) The Food, Nutrition and Consumer Service 

13 of the Department of Agriculture has stated that it 

14 believes there are problems with the certification 

15 process but have no data that allow for an exact 

16 measure of the extent to which ineligible children are 

17 approved to receive free or reduced-price meals. 

18 (4) Analysis of data from the Survey of Income 

19 and Program Participation (SIPP) demonstrates 

20 that, in fact, fewer children are approved to receive 

21 free or reduced price meals than are eligible. 

22 (5) Recent research by the Department of Agri23 culture clearly demonstrates that expanding the cur24 rent verification requirements for the school meal 
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1 programs does not deter ineligible children from re2 ceiving free or reduced price meals but does deny 

3 substantial numbers of low-income eligible children 

4 access to the meal programs. 

5 (6) Direct certification of children approved to 

6 receive food stamps and other means-tested pro7 grams is highly accurate, helps ensure program in8 tegrity, and enhances access to the Federal nutrition 

9 programs. 

10 (b) SENSE OF CONGRESS.—It is the sense of the 

11 Congress that—

12 (1) the use of direct certification for eligibility 

13 for child nutrition programs should be expanded and 

14 enhanced; and 

15 (2) Congress should not enact any nationwide 

16 increase in income verification until a rigorous study 

17 of the extent of certification inaccuracy is conducted 

18 and until pilot programs are conducted and evalu19 ated to identify the most effective ways to improve 

20 program integrity without harming eligible children. 

21 SEC. 102. EXPANDED ELIGIBILITY FOR FREE MEALS. 

22 Section 9(b) of the Richard B. Russell National 

23 School Lunch Act (42 U.S.C. 1758(b)) is amended—

24 (1) in paragraph (3), by striking the last sen25 tence of such paragraph; and 
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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(8) DEFINITION OF REDUCED PRICE.—For 

4 purposes of this subsection, the term ‘reduced price’ 

5 means free.’’. 

6 SEC. 103. HOMELESS CHILDREN ELIGIBILITY. 

7 Section 9(b)(6)(A) of the Richard B. Russell Na8 tional School Lunch Act (42 U.S.C. 1758(b)(6)(A)) is 

9 amended—

10 (1) in clause (ii), by striking ‘‘or’’; 

11 (2) in clause (iii), by striking the period and in12 serting ‘‘; or’’; and 

13 (3) by inserting after clause (iii) the following 

14 new clause: 

15 ‘‘(iv) a homeless child or youth (as de16 fined in section 725(2) of the McKinney17 Vento Homeless Assistance Act (42 U.S.C. 

18 11434a)).’’. 

19 SEC. 104. LOWERING AREA ELIGIBILITY THRESHOLD. 

20 (a) CHILD AND ADULT CARE FOOD PROGRAMS.—

21 Section 17(f)(3) of the Richard B. Russell National School 

22 Lunch Act (42 U.S.C. 1766(f)(3)) is amended—

23 (1) in subparagraph (A)(ii)(I), by striking ‘‘50 

24 percent’’ both places it appears and inserting ‘‘40 

25 percent’’; and 
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(2) in subparagraph (E)(ii)(I), by striking ‘‘1 1 ⁄2’’ 

2 and inserting ‘‘40 percent’’. 

3 (b) SUMMER FOOD SERVICE PROGRAM.—Section 

4 13(a)(1)(C) of the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1761(a)(1)(C)) is amended by 

6 striking ‘‘50 percent’’ and inserting ‘‘40 percent’’. 

7 TITLE II—IMPROVING PROGRAM 

8 QUALITY IN CHILD NUTRITION 

9 SEC. 201. VERIFICATION. 

10 Section 9(b)(2)(C)(i) of the Richard B. Russell Na11 tional School Lunch Act (42 U.S.C. 1758(b)(2)(C)(i)) is 

12 amended to read as follows: 

13 ‘‘(i) Except as provided in clause (ii), 

14 each eligibility determination shall be made 

15 on the basis of a complete application exe16 cuted in accordance with guidance issued 

17 by the Secretary. The Secretary, State, or 

18 school food authority may verify any data 

19 contained in such application. In accord20 ance with guidance issued by the Sec21 retary, each school food authority shall 

22 verify the information contained in a sam23 ple of approved free and reduced price ap24 plications and shall make appropriate 

25 changes in the eligibility determination 
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1 with respect to such applications on the 

2 basis of such verification. The sample se3 lected for verification shall consist of ei4 ther: 

5 ‘‘(I) The lesser of 3,000 or 3 per6 cent of approved applications selected 

7 at random by the school food author8 ity from all approved applications; or 

9 ‘‘(II) The lesser of 1,000 or 1 

10 percent of all approved applications 

11 selected from applications that indi12 cate monthly income that is within 

13 $100, or annual income that is within 

14 $1,200, of the income eligibility limi15 tation for free or reduced price meals, 

16 plus the lesser of 500 or one half of 

17 1 percent of approved applications 

18 that provided a case number in lieu of 

19 income information in accordance with 

20 paragraph (6) of this subsection se21 lected from those approved applica22 tions that provided a case number in 

23 lieu of income information in accord24 ance with paragraph (6) of this sub25 section.’’. 
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1 SEC. 202. EXPANSION OF DIRECT CERTIFICATION OF ELIGI2 BILITY. 

3 (a) DIRECT CERTIFICATION THROUGH FOOD

4 STAMPS OR TEMPORARY ASSISTANCE FOR NEEDY FAMI5 LIES.—Section 9(b)(2)(C)(ii) of the Richard B. Russell 

6 National School Lunch Act (42 U.S.C. 1758(b)(2)(C)(ii)) 

7 is amended to read as follows: 

8 ‘‘(ii) DIRECT CERTIFICATION

9 THROUGH FOOD STAMPS OR TEMPORARY

10 ASSISTANCE FOR NEEDY FAMILIES.—

11 ‘‘(I) IN GENERAL.—Each State 

12 agency shall enter into an agreement 

13 with the State agency conducting eli14 gibility determinations for the food 

15 stamp program established under the 

16 Food Stamp Act of 1977 (7 U.S.C. 

17 2011 et seq.) and eligibility deter18 minations for the State program fund19 ed under part A of title IV of the So20 cial Security Act (42 U.S.C. 301 et 

21 seq.). 

22 ‘‘(II) PROCEDURES.—Subject to 

23 clause (iv), the agreement shall estab24 lish procedures under which a child 

25 who is a member of a household re26 ceiving assistance under the programs 
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1 referred to in subclause (I) shall be 

2 certified as eligible for free or reduced 

3 price meals under this Act, without 

4 further application. 

5 ‘‘(III) CERTIFICATION.—Subject 

6 to clause (iv), under the agreement, 

7 the local educational agency con8 ducting eligibility determinations for a 

9 school meal program conducted under 

10 this Act shall certify a child who is a 

11 member of a household receiving as12 sistance under the food stamp pro13 gram established under the Food 

14 Stamp Act of 1977 (7 U.S.C. 2011 et 

15 seq.) or under the State program 

16 funded under part A of title IV of the 

17 Social Security Act (42 U.S.C. 301 et 

18 seq.) as eligible for free meals under 

19 this Act without further application. 

20 ‘‘(IV) NOTICE.—The appropriate 

21 local educational agency shall provide 

22 to all students biannually who are 

23 members of a household receiving as24 sistance under the programs referred 

25 to in subclause (I), notification that 
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1 any school-aged child in that house2 hold is eligible for free lunches or 

3 breakfasts.’’. 

4 (b) DIRECT CERTIFICATION THROUGH OTHER

5 MEANS-TESTED PROGRAMS.—Section 9(b)(2)(C) of the 

6 Richard B. Russell National School Lunch Act (42 U.S.C. 

7 1758(b)(2)(C)) is amended—

8 (1) by redesignating clauses (iii) through (vii) 

9 as clauses (iv) through (viii), respectively; and 

10 (2) by inserting after clause (ii) the following 

11 new clause: 

12 ‘‘(iii) DIRECT CERTIFICATION

13 THROUGH OTHER MEANS-TESTED PRO14 GRAMS.—(I) Any school food authority 

15 may certify any child as eligible for free 

16 lunches or breakfasts, without further ap17 plication, by directly communicating with 

18 the appropriate Federal, State, or local 

19 agency and obtaining from that agency 

20 documentation of such child’s status as 

21 a—

22 ‘‘(aa) member of a household 

23 that receives medical assistance under 

24 title XIX of the Social Security Act 

25 (42 U.S.C. 1396 et seq.) in a State in 
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1 which the income eligibility limit de2 scribed in section 2105(d)(1) of such 

3 Act is no higher than 185 percent of 

4 the income official poverty line as 

5 specified in section 1902(1)(2)(A) of 

6 such Act; 

7 ‘‘(bb) member of a household 

8 that receives child health assistance 

9 under title XXI of the Social Security 

10 Act (42 U.S.C. 1397aa et seq.) in a 

11 State in which the income eligibility 

12 limit for school-age children under 

13 section 2102(b)(1) of such Act is no 

14 higher than 185 percent of the appli15 cable family size income levels con16 tained in the nonfarm income poverty 

17 guidelines prescribed by the Office of 

18 Management and Budget as applied 

19 by the State; 

20 ‘‘(cc) member of a household that 

21 receives benefits through any means22 tested public benefit program that 

23 meets criteria established by the Sec24 retary, which criteria shall include 

25 that the program has an income eligi-
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1 bility limit that is no higher than 185 

2 percent of the applicable family size 

3 income levels contained in the non4 farm income poverty guidelines pre5 scribed by the Office of Management 

6 and Budget; 

7 ‘‘(dd) member of a household 

8 that receives benefits through any 

9 means-tested public benefit program 

10 that meets criteria established by the 

11 Secretary and that has the capacity to 

12 identify which recipients have income 

13 at or below 185 percent of the appli14 cable family size income levels con15 tained in the nonfarm income poverty 

16 guidelines prescribed by the Office of 

17 Management and Budget, if the 

18 household has been identified as hav19 ing income at or below 185 percent of 

20 such income levels; or 

21 ‘‘(ee) member of a household that 

22 receives benefits under title XVI of 

23 the Social Security Act (42 U.S.C. 

24 1381 et seq.). 
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1 ‘‘(II) Any State educational agency or 

2 school food authority may obtain docu3 mentation of a child’s status as described 

4 in items (aa) through (ee) of subclause (I) 

5 and shall use it in accordance with clause 

6 (v) of this subparagraph.’’. 

7 (c) CONFORMING AMENDMENTS.—Section 9(b)(2)(C) 

8 of the Richard B. Russell National School Lunch Act (42 

9 U.S.C. 1758(b)(2)(C)) is amended—

10 (1) in clause (i), by striking ‘‘clause (ii),’’ and 

11 inserting ‘‘clauses (ii) and (iii),’’; 

12 (2) in clause (iv) (as redesignated in subsection 

13 (b)(1)), by striking ‘‘clause (ii)’’ and inserting 

14 ‘‘clauses (ii) and (iii)’’; 

15 (3) in clause (v) (as redesignated in subsection 

16 (b)(1)), by—

17 (A) striking ‘‘clause (iii)(II)’’ and inserting 

18 ‘‘clause (iv)(II)’’; and 

19 (B) striking ‘‘clause (ii),’’ and inserting 

20 ‘‘clauses (ii) and (iii),’’; 

21 (4) in clause (vi) (as redesignated in subsection 

22 (b)(1)), by striking ‘‘clause (iii)’’ and inserting 

23 ‘‘clause (iv)’’; 
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1 (5) in clause (vii) (as redesignated in subsection 

2 (b)(1)), by striking ‘‘clause (iii)’’ each place it ap3 pears and inserting ‘‘clause (iv)’’; and 

4 (6) in clause (viii) (as redesignated in sub5 section (b)(1)), by striking ‘‘clause (iii)(IV)’’ each 

6 place it appears and inserting ‘‘clause (iv)(IV)’’. 

7 SEC. 203. ELIGIBILITY FOR RECIPIENTS OF OTHER MEANS8 TESTED BENEFITS. 

9 (a) CATEGORICAL ELIGIBILITY FOR RECIPIENTS OF

10 OTHER MEANS-TESTED PUBLIC BENEFITS.—Section 

11 9(b)(6)(A) of the Richard B. Russell National School 

12 Lunch Act (42 U.S.C. 1758(b)(6)(A)) is amended—

13 (1) by striking ‘‘or’’ at the end of clause (ii); 

14 (2) by striking the period at the end of clause 

15 (iii) and inserting ‘‘; or’’; and 

16 (3) by inserting after clause (iii) the following 

17 new clause: 

18 ‘‘(iv) described in items (aa) through 

19 (ee) of paragraph (2)(C)(iii)(I) or in items 

20 (aa) through (cc) of paragraph 

21 (2)(C)(iv)(II).’’. 

22 (b) VERIFICATION OF RECEIPT OF OTHER MEANS23 TESTED PUBLIC BENEFITS.—Section 9(b)(6)(B) of the 

24 Richard B. Russell National School Lunch Act (42 U.S.C. 

25 1758(b)(6)(B)) is amended—
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1 (1) by striking ‘‘food stamps or assistance’’ and 

2 inserting ‘‘food stamps or receipt of assistance’’; 

3 (2) by striking ‘‘or of’’ after ‘‘June 1, 1995,’’; 

4 and 

5 (3) by inserting ‘‘or the child’s status as de6 scribed in items (aa) through (cc) or in item (ee) of 

7 paragraph (2)(C)(iii)(I) or in items (aa) through 

8 (cc) of paragraph (2)(C)(iv)(II)’’ after ‘‘subpara9 graph (A)(iii),’’. 

10 (c) DOCUMENTATION OF RECEIPT OF OTHER

11 MEANS-TESTED PUBLIC BENEFITS.—

12 (1) IN GENERAL.—Section 9(d)(2) of the Rich13 ard B. Russell National School Lunch Act (42 

14 U.S.C. 1758(d)(2)) is amended—

15 (A) by striking ‘‘or’’ at the end of subpara16 graph (B); 

17 (B) by striking the period at the end of 

18 subparagraph (C) and inserting ‘‘; or’’; and 

19 (C) by inserting after subparagraph (C) 

20 the following new subparagraph: 

21 ‘‘(D) documentation has been provided to 

22 the appropriate local school food authority 

23 showing the child’s status as described in items 

24 (aa) through (ee) of subsection (b)(2)(C)(iii)(I) 
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1 or as described in items (aa) through (dd) of 

2 subsection (b)(2)(C)(iv)(II).’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 9(b)(5) of the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1758(b)(5)) is amended by 

6 adding at the end the following sentence: ‘‘Such 

7 public announcements by local school authorities 

8 shall contain only the maximum allowable family size 

9 income levels for special assistance consistent with 

10 section 11.’’. 

11 SEC. 204. SUMMER FOOD PROGRAM. 

12 (a) MAKING PERMANENT THE SUMMER FOOD PILOT

13 PROGRAM.—

14 (1) ELIMINATION OF PROGRAM AS PILOT PRO15 GRAM.—Section 18 of the Richard B. Russell Na16 tional School Lunch Act (42 U.S.C. 1766b) is 

17 amended by striking subsection (f). 

18 (2) MODIFICATION OF SUMMER FOOD SERVICE

19 PROGRAM.—Section 13(b) of the Richard B. Russell 

20 National School Lunch Act (42 U.S.C. 1761(b)) is 

21 amended—

22 (A) in paragraph (1)—

23 (i) by amending subparagraph (A) to 

24 read as follows: 
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1 ‘‘(A) IN GENERAL.—Payment to service in2 stitutions shall be equal to the maximum 

3 amount for food service under subparagraphs 

4 (B) and (C).’’; and 

5 (ii) in subparagraph (C), by striking 

6 ‘‘1997’’ and inserting ‘‘2006’’; and 

7 (B) by amending paragraph (3) to reads as 

8 follows: 

9 ‘‘(3) Payments to a service institution for ad10 ministrative costs shall be equal to the maximum al11 lowable level determined by the Secretary under the 

12 study required by paragraph (4).’’. 

13 (b) STARTUP AND EXPANSION GRANTS FOR SUMMER

14 FOOD SERVICE PROGRAM.—Section 13 of the Richard B. 

15 Russell National School Lunch Act (42 U.S.C. 1761) is 

16 further amended by inserting after subsection (h) the fol17 lowing new subsection: 

18 ‘‘(i) STARTUP GRANTS FOR SUMMER FOOD SERVICE

19 PROGRAM.—

20 ‘‘(1) DEFINITION OF ELIGIBLE SERVICE INSTI21 TUTION.—In this subsection, the term ‘eligible serv22 ice institution’ means a service institution that 

23 agrees to operate the summer food service program 

24 established with the assistance provided under this 

25 subsection. 
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1 ‘‘(2) GRANTS.—The Secretary shall make 

2 grants, on a competitive basis, to 10 States, in a 

3 total amount of not more than $5,000,000 for each 

4 fiscal year from funds made available to the Sec5 retary, to assist eligible service institutions in initi6 ating or expanding summer food service program 

7 sites. 

8 ‘‘(3) USES.—A State shall use a grant made 

9 available under this subsection to assist eligible serv10 ice institutions with expenses incurred in initiating 

11 or expanding summer food service programs during 

12 the first year of the sites. 

13 ‘‘(4) SUPPLEMENTARY FUNDS.—A grant under 

14 this subsection shall supplement any payment to 

15 which a State is entitled under this section. 

16 ‘‘(5) PLAN.—To be eligible to receive a grant 

17 under this subsection, a State shall submit to the 

18 Secretary a plan to initiate or expand summer food 

19 service program sites conducted in the State, includ20 ing a description of the manner in which the State 

21 shall provide technical assistance and funding to eli22 gible service institutions in the State to initiate or 

23 expand the sites. 

24 ‘‘(6) STATE PREFERENCES.—In making a grant 

25 under this subsection for a fiscal year to initiate or 
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1 expand summer food service programs sites, the Sec2 retary shall give preference to a State in which not 

3 more than 10 lunches under summer food service 

4 programs are served on an average day in June and 

5 July for each 100 free and reduced price lunches 

6 served on an average day from September through 

7 May of the previous school year, as determined by 

8 the Secretary. 

9 ‘‘(7) REALLOCATION.—The Secretary shall act 

10 in a timely manner to recover and reallocate to other 

11 States any amount made available to a State under 

12 this subsection that is not used by the agency or 

13 State within a reasonable period (as determined by 

14 the Secretary). 

15 ‘‘(8) APPLICATION.—The Secretary shall allow 

16 application by States on an annual basis for grants 

17 under this subsection. 

18 ‘‘(9) PREFERENCES BY STATES.—In allocating 

19 funds within the State, each State shall give pref20 erence for assistance under this subsection to an eli21 gible service institution that demonstrates the great22 est need for assistance for a summer food service 

23 program, as determined by the State. 

24 ‘‘(10) MAINTENANCE OF EFFORT.—The ex25 penditure of funds from State and local sources for 
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1 the maintenance of the summer food service pro2 gram shall not be diminished as a result of grants 

3 made available under this subsection.’’. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 13(q) of the Richard B. Russell National School Lunch 

6 Act (42 U.S.C. 1761(q)) is amended by striking ‘‘2003’’ 

7 and inserting ‘‘2009’’. 

8 SEC. 205. SCHOOL BREAKFAST PROGRAMS. 

9 (a) STARTUP AND EXPANSION GRANTS FOR SCHOOL

10 BREAKFAST PROGRAMS.—Section 4 of the Child Nutri11 tion Act of 1966 (42 U.S.C. 1773) is amended by adding 

12 at the end the following: 

13 ‘‘(f) STARTUP AND EXPANSION GRANTS FOR SCHOOL

14 BREAKFAST PROGRAMS.—

15 ‘‘(1) DEFINITION OF ELIGIBLE SCHOOL.—In 

16 this subsection, the term ‘eligible school’ means—

17 ‘‘(A) in the case of a startup grant, a 

18 school that agrees to operate the school break19 fast program established with the assistance 

20 provided under this subsection for a period of 

21 not less than 3 years; and 

22 ‘‘(B) in the case of an expansion grant, a 

23 school that has operated a school breakfast pro24 gram established for a period of not less than 

25 3 consecutive years. 
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1 ‘‘(2) GRANTS.—The Secretary shall make 

2 grants, on a competitive basis, to State educational 

3 agencies, in a total amount of not more than 

4 $10,000,000 for each fiscal year from funds made 

5 available to the Secretary, to assist eligible schools 

6 in initiating and expanding school breakfast pro7 grams, of which not less than $7,000,000 for each 

8 fiscal year shall be used for expansion grants. 

9 ‘‘(3) USES.—A State educational agency shall 

10 use grants made available under this subsection to 

11 make subgrants to eligible schools, during the first 

12 school year eligible schools initiate or expand school 

13 breakfast programs, with expenses incurred in initi14 ating or expanding school breakfast programs, in15 cluding outreach and informational activities. 

16 ‘‘(4) SUPPLEMENTARY FUNDS.—A grant under 

17 this subsection shall supplement any payment to 

18 which a State educational agency is entitled under 

19 subsection (b). 

20 ‘‘(5) PLANS.—To be eligible to receive a grant 

21 under this subsection, a State educational agency 

22 shall submit to the Secretary a plan to initiate or ex23 pand school breakfast programs conducted in the 

24 State, including a description of the manner in 

25 which the State educational agency shall provide 
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1 technical assistance and funding to eligible schools 

2 in the State to initiate or expand the programs. 

3 ‘‘(6) STATE EDUCATIONAL AGENCY PREF4 ERENCES FOR STARTUP GRANTS.—In making a 

5 grant under this subsection for a fiscal year to ini6 tiate a school breakfast program, the Secretary shall 

7 give preference to a State educational agency that—

8 ‘‘(A) has not more than 60 percent of 

9 schools in the State that are participating in 

10 the school lunch program also participating in 

11 the school breakfast program; or 

12 ‘‘(B) has not more than 35 percent of the 

13 students in the State receiving free or reduced 

14 price lunch also receiving free or reduced price 

15 breakfasts. 

16 ‘‘(7) REALLOCATIONS.—The Secretary shall act 

17 in a timely manner to recover and reallocate to other 

18 State educational agencies or States any amount 

19 made available to a State educational agency or 

20 State under this subsection that is not used by the 

21 agency or State within a reasonable period (as deter22 mined by the Secretary). 

23 ‘‘(8) APPLICATION.—The Secretary shall allow 

24 application by State educational agencies on an an25 nual basis for grants under this subsection. 
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1 ‘‘(9) PREFERENCES BY STATE EDUCATIONAL

2 AGENCIES AND STATES.—In allocating funds within 

3 the State, each State educational agency shall give 

4 preference for assistance under this subsection to an 

5 eligible school that demonstrates the greatest need 

6 for assistance to initiate or expand a school break7 fast program, as determined by the State edu8 cational agency. 

9 ‘‘(10) MAINTENANCE OF EFFORT.—The ex10 penditure of funds from State and local sources for 

11 the maintenance of the school breakfast program 

12 shall not be diminished as a result of grants made 

13 available under this subsection.’’. 

14 (b) UNIVERSAL SECONDARY SCHOOL BREAKFAST

15 PILOT PROJECTS.—Section 18 of the Richard B. Russell 

16 National School Lunch Act (42 U.S.C. 1769) is amended 

17 by added at the end the following: 

18 ‘‘(h) UNIVERSAL SECONDARY SCHOOL BREAKFAST

19 PILOT PROJECTS.—

20 ‘‘(1) IN GENERAL.—The Secretary shall make 

21 grants to State agencies to conduct pilot projects in 

22 secondary schools under the jurisdiction of not more 

23 than 6 school food authorities approved by the Sec24 retary to provide free breakfasts to secondary school 

25 students, without regard to family income. 
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1 ‘‘(2) NOMINATIONS.—A State agency that seeks 

2 a grant under this subsection shall submit to the 

3 Secretary nominations of school food authorities to 

4 participate in a pilot project under this subsection. 

5 ‘‘(3) APPROVAL.—The Secretary shall approve 

6 for participation in pilot projects under this sub7 section secondary schools under the jurisdiction of 

8 not more than 6 nominated school food authorities 

9 selected so as to—

10 ‘‘(A) target the pilot projects toward school 

11 food authorities that have—

12 ‘‘(i) the highest percentage of stu13 dents eligible for free or reduced price 

14 meals under the school lunch or breakfast 

15 program; and 

16 ‘‘(ii) the lowest percentage of students 

17 that receive free or reduced price meals 

18 under the school lunch or breakfast pro19 gram; and 

20 ‘‘(B) provide for an equitable distribution 

21 of pilot projects among urban and rural sec22 ondary schools. 

23 ‘‘(4) GRANTS TO SCHOOL FOOD AUTHORI24 TIES.—A State agency receiving a grant under para25 graph (1) shall make grants to school food authori-
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1 ties to conduct the pilot projects described in para2 graph (1). 

3 ‘‘(5) DURATION OF PILOT PROJECTS.—Subject 

4 to the availability of funds made available to carry 

5 out this subsection, a school food authority receiving 

6 amounts under a grant to conduct a pilot project de7 scribed in paragraph (1) shall conduct the project 

8 during a period of 3 successive school years. 

9 ‘‘(6) WAIVER AUTHORITY.—

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), the Secretary may waive the 

12 requirements of this Act and the Child Nutri13 tion Act of 1966 (42 U.S.C. 1771 et seq.) relat14 ing to counting of meals, applications for eligi15 bility, and related requirements that would pre16 clude the Secretary from making a grant to 

17 conduct a pilot project under paragraph (1). 

18 ‘‘(B) NONWAIVABLE REQUIREMENTS.—

19 The Secretary may not waive a requirement 

20 under subparagraph (A) if the waiver would 

21 prevent a program participant, a potential pro22 gram participant, or a school from receiving all 

23 of the benefits and protections of this Act, the 

24 Child Nutrition Act of 1966 (42 U.S.C. 1771 et 

25 seq.), or a Federal law (including a regulation) 
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1 that protects an individual constitutional right 

2 or a statutory civil right. 

3 ‘‘(7) REQUIREMENTS FOR PARTICIPATION.—To 

4 be eligible to participate in a pilot project under this 

5 subsection—

6 ‘‘(A) a State agency—

7 ‘‘(i) shall submit an application to the 

8 Secretary at such time and in such manner 

9 as the Secretary shall establish to meet cri10 teria the Secretary has established to en11 able a valid evaluation to be conducted; 

12 and 

13 ‘‘(ii) shall provide such information 

14 relating to the operation and results of the 

15 pilot project as the Secretary may reason16 ably require; and 

17 ‘‘(B) a school food authority—

18 ‘‘(i) shall agree to serve all breakfasts 

19 at no charge to all secondary school stu20 dents enrolled in participating secondary 

21 schools; 

22 ‘‘(ii) shall not have a history of viola23 tions of this Act or the Child Nutrition Act 

24 of 1966 (42 U.S.C. 1771 et seq.); 
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•HR 3416 IH 

1 ‘‘(iii) shall agree to use innovative 

2 methods for making breakfasts available to 

3 eligible students, such as making break4 fasts available to students after the begin5 ning of the academic day or using alter6 native breakfast delivery and marketing 

7 methods; and 

8 ‘‘(iv) shall meet all other requirements 

9 that the Secretary may reasonably require. 

10 ‘‘(8) REPORTS.—The Secretary, acting through 

11 the Administrator of the Food and Nutrition Serv12 ice, shall submit to Congress an interim and final re13 port on the status of the pilot projects. 

14 ‘‘(9) REIMBURSEMENT.—

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B), a school conducting a pilot 

17 project under this subsection shall receive a 

18 total Federal reimbursement under the school 

19 breakfast program in an amount that is equal 

20 to the total Federal reimbursement for the 

21 school for the prior year under the program 

22 (adjusted to reflect changes in the series for 

23 food away from home of the Consumer Price 

24 Index for All Urban Consumers published by 

25 the Bureau of Labor Statistics of the Depart-
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•HR 3416 IH 

1 ment of Labor and adjusted for fluctuations in 

2 enrollment). 

3 ‘‘(B) EXCESS NEEDS.—Funds required for 

4 the pilot project in excess of the level of reim5 bursement received by the school for the prior 

6 year (adjusted to reflect changes described in 

7 subparagraph (A) and adjusted for fluctuations 

8 in enrollment) may be taken from any non-Fed9 eral source or from amounts provided under 

10 this subsection. 

11 ‘‘(10) FUNDING.—

12 ‘‘(A) IN GENERAL.—On October 1, 2004, 

13 and on each October 1 thereafter through Octo14 ber 1, 2006, out of any funds in the Treasury 

15 not otherwise appropriated, the Secretary of the 

16 Treasury shall transfer to the Secretary of Ag17 riculture funds to carry out this subsection. 

18 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

19 Secretary shall be entitled to receive, shall ac20 cept, and shall use to carry out this subsection 

21 the funds transferred under subparagraph (A), 

22 without further appropriation. 

23 ‘‘(11) DEFINITION.—As used in this subsection, 

24 the term ‘secondary school’ has the meaning given 

25 such term in section 9101(38) of the Elementary 
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1 and Secondary Education Act of 1965 (20 U.S.C. 

2 7801(38)).’’. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 7(g) of the Child Nutrition Act of 1966 (42 U.S.C. 

5 1776(g)) is amended by striking ‘‘2003’’ and inserting 

6 ‘‘2009’’. 

7 SEC. 206. COMMODITIES FOR SCHOOL BREAKFAST PRO8 GRAMS. 

9 Section 6 of the Richard B. Russell National School 

10 Lunch Act (42 U.S.C. 1755) is amended—

11 (1) by striking subsection (b) and inserting the 

12 following: 

13 ‘‘(b) COMMODITY ASSISTANCE FOR SCHOOL LUNCH

14 AND BREAKFAST PROGRAMS.—Not later than September 

15 30 of the following school year, the Secretary shall deliver 

16 to each State participating in—

17 ‘‘(1) the school lunch program established 

18 under this Act, commodities valued at the total level 

19 of assistance authorized under subsection (c) for 

20 each school year for the school lunch program in the 

21 State; and 

22 ‘‘(2) the school breakfast program established 

23 under the Child Nutrition Act of 1966 (42 U.S.C. 

24 1771 et seq.), commodities valued at the total level 

25 of assistance authorized under subsection (d) for 
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•HR 3416 IH 

1 each school year for the school breakfast program in 

2 the State.’’; and 

3 (2) by striking subsection (d) and inserting the 

4 following: 

5 ‘‘(d) VALUE OF DONATED FOODS FOR SCHOOL

6 BREAKFAST PROGRAM.—

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

8 in the case of the school breakfast program estab9 lished under the Child Nutrition Act of 1966 (42 

10 U.S.C. 1771 et seq.), the value of donated foods 

11 shall be 5 cents. 

12 ‘‘(2) ADJUSTMENT.—

13 ‘‘(A) IN GENERAL.—The value of donated 

14 foods under paragraph (1) shall be adjusted on 

15 July 1, 2004, and each July 1 thereafter, to re16 flect changes in the Price Index for Food Used 

17 in Schools and Institutions. 

18 ‘‘(B) FOOD COMPONENTS.—

19 ‘‘(i) IN GENERAL.—The Index shall be 

20 computed using 5 major food components 

21 of the Producer Price Index of the Bureau 

22 of Labor Statistics (cereal and bakery 

23 products, meats, poultry and fish, dairy 

24 products, processed fruits and vegetables, 

25 and fats and oils). 
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1 ‘‘(ii) WEIGHTING.—Each component 

2 shall be weighed using the same relative 

3 weight as determined by the Bureau of 

4 Labor Statistics. 

5 ‘‘(C) TIME PERIOD.—The value of food as6 sistance for each meal shall be adjusted each 

7 July 1 by the annual percentage change in a 3-

8 month average value of the Price Index for 

9 Foods Used in Schools and Institutions for 

10 March, April, and May each year. 

11 ‘‘(D) ROUNDING.—The adjustment shall 

be computed to the nearest 1 12 ⁄4 cent. 

13 ‘‘(3) CALCULATION.—

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), for each school year, the total 

16 amount of commodity assistance, or cash in lieu 

17 of commodity assistance, available to a State 

18 for the school breakfast program shall be the 

19 product obtained by multiplying—

20 ‘‘(i) the number of breakfasts served 

21 in the preceding school year; by 

22 ‘‘(ii) the rate established under para23 graphs (1) and (2). 

24 ‘‘(B) RECONCILIATION.—After the end of 

25 each school year, the Secretary shall—
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•HR 3416 IH 

1 ‘‘(i) reconcile the number of break2 fasts served by schools in each State with 

3 the number of breakfasts served by schools 

4 in each State during the preceding school 

5 year; and 

6 ‘‘(ii) increase or reduce subsequent 

7 commodity assistance, or cash in lieu of 

8 commodity assistance, provided to each 

9 State based on the reconciliation.’’. 

10 SEC. 207. CHILD AND ADULT CARE FOOD PROGRAM. 

11 (a) EXPANDING SUPPER PILOT PROGRAMS.—Section 

12 17(r)(5) of the Richard B. Russell National School Lunch 

13 Act (42 U.S.C. 1766(r)) is amended—

14 (1) by striking ‘‘seven States of which five’’ and 

15 inserting ‘‘17 States of which 7’’; 

16 (2) by striking ‘‘and Michigan’’ and inserting 

17 ‘‘Michigan, New York, and Oregon’’; and 

18 (3) by striking ‘‘two States’’ and inserting ‘‘10 

19 States’’. 

20 (b) ELIGIBILITY OF PRIVATE CHILD CARE CEN21 TERS.—Section 17(a)(2)(B)(i) is amended by striking 

22 ‘‘during the period’’ and all that follows through ‘‘Sep23 tember 30, 2002’’. 

24 (c) HOMELESS AND DOMESTIC VIOLENCE SHEL25 TERS.—Section 17(t)(5)(A)(i)(I) of the Richard B. Rus-
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•HR 3416 IH 

1 sell National School Lunch Act (42 U.S.C. 

2 1766(t)(5)(A)(i) is amended—

3 (1) in subclause (I), by striking ‘‘12’’ and in4 serting ‘‘18’’; and 

5 (2) in subclause (II), by striking ‘‘15’’ and in6 serting ‘‘18’’. 

7 (d) NUTRITION EDUCATION.—Section 17(f)(3)(B) of 

8 the Richard B. Russell National School Lunch Act (42 

9 U.S.C. 1766(f)(3)(B)) is amended by inserting ‘‘increased 

10 by $2 per family or group day care home and shall be’’ 

11 after ‘‘Such levels shall be’’. 

12 (e) PAPERWORK REDUCTION.—Section 17 of the 

13 Richard B. Russell National School Lunch Act (42 U.S.C. 

14 1766) is further amended by adding at the end the fol15 lowing: 

16 ‘‘(u) PAPERWORK REDUCTION.—The Secretary, in 

17 conjunction with States and participating institutions, 

18 shall examine the feasibility of reducing paperwork result19 ing from regulations and record keeping requirements for 

20 family child care homes, child care centers, and sponsoring 

21 organizations participating in the child and adult care 

22 food program.’’. 

23 (f) DURATION OF DETERMINATION AS TIER 1 FAM24 ILY OR GROUP DAY CARE HOME.—Section 

25 17(f)(3)(E)(iii) of the Richard B. Russell National School 
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•HR 3416 IH 

1 Lunch Act (42 U.S.C. 1766(f)(3)(E)(iii)) is amended by 

2 striking ‘‘3 years’’ and inserting ‘‘5 years’’. 

3 (g) MANAGEMENT IMPROVEMENT INITIATIVE.—Sec4 tion 17(q)(3) of the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1766(q)(3)) is amended by striking 

6 ‘‘1999 through 2003’’and inserting ‘‘2004 through 2008’’. 

7 (h) AUDITS.—Section 17(i) of the Richard B. Russell 

8 National School Lunch Act (42 U.S.C. 1766(i)) is amend9 ed to read as follows: 

10 ‘‘(i) AUDITS.—

11 ‘‘(1) IN GENERAL.—Subject to subparagraph 

12 (B), in conducting management evaluations, reviews, 

13 or audits under their section, the Secretary or a 

14 State agency may disregard overpayments by an in15 stitution of not more than $600 for any fiscal year. 

16 ‘‘(2) CRIMINAL OR FRAUD VIOLATIONS.—In 

17 carrying out this paragraph, the Secretary and a 

18 State agency shall not disregard any overpayment 

19 for which there is evidence of a violation of a crimi20 nal law or civil fraud law.’’. 

21 (i) DURATION OF AGREEMENTS.—Section 17(j) of 

22 the Richard B. Russell National School Lunch Act (42 

23 U.S.C. 1766(j)) is amended to read as follows: 

24 ‘‘(j) AGREEMENTS.—
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•HR 3416 IH 

1 ‘‘(1) IN GENERAL.—The Secretary shall issue 

2 regulations directing States to develop and provide 

3 for the use of a standard form of agreement between 

4 each family or group day care sponsoring organiza5 tion and the family or group day care homes partici6 pating in the program under such organization, for 

7 the purpose of specifying the rights and responsibil8 ities of each party. 

9 ‘‘(2) DURATION.—An agreement under para10 graph (1) shall remain in effect until terminated by 

11 either party to the agreement.’’. 

12 (j) PILOT PROJECTS.—Section 18 of the Richard B. 

13 Russell National School Lunch Act (42 U.S.C. 1769) is 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(h) NUTRITION EDUCATION PILOT PROGRAMS.—

17 ‘‘(1) IN GENERAL.—The Secretary shall author18 ize 2 or more States to conduct pilot projects ap19 proved by the Secretary that focus on monitoring 

20 visits and nutrition education to family or group day 

21 care homes that have successfully participated in the 

22 Child and Adult Care Food Program established 

23 under section 17 for a period of 3 years and are cur24 rently in good standing with the program. 
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1 ‘‘(2) REPORT.—Not later than October 31, 

2 2008, the Secretary shall report to Congress on such 

3 pilot programs.’’. 

4 SEC. 208. MEALS AND SUPPLEMENTS FOR CHILDREN IN 

5 AFTERSCHOOL CARE. 

6 Section 17A of the Richard B. Russell National 

7 School Lunch Act (42 U.S.C. 1766a) is amended—

8 (1) in the section heading, by striking ‘‘MEAL 

9 SUPPLEMENTS’’ and inserting ‘‘MEALS 

10 AND SUPPLEMENTS’’; 

11 (2) in subsection (a)(1), by striking ‘‘meal sup12 plements’’ and inserting ‘‘meals and meal supple13 ments’’; 

14 (3) in subsection (b), by inserting ‘‘meals and’’ 

15 after ‘‘only for’’; 

16 (4) in subsection (c)(1), by striking ‘‘a supple17 ment’’ and inserting ‘‘a meal or a supplement’’; 

18 (5) in subsection (c)(1)(A) by inserting ‘‘at the 

19 rate at which free meals are reimbursed under sec20 tion 17(c)(1) or’’ after ‘‘reimbursed’’; 

21 (6) in subsection (c)(2)—

22 (A) by inserting ‘‘meals and’’ after ‘‘pay23 ment rate for’’; and 

24 (B) by striking ‘‘section 17(c)(3)’’ and in25 serting ‘‘section 17(c)’’; and 
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•HR 3416 IH 

1 (7) in subsection (d)—

2 (A) in the subsection heading, by inserting 

3 ‘‘MEALS AND’’ after ‘‘CONTENTS OF’’; and 

4 (B) by striking ‘‘meal’’ both places it ap5 pears and inserting ‘‘meals and’’. 

6 TITLE III—YEAR ROUND COMMU7 NITY CHILD NUTRITION PRO8 GRAM 

9 SEC. 301. COMMUNITY CHILD NUTRITION PROGRAM. 

10 The Richard B. Russell National School Lunch Act 

11 (42 U.S.C. 1751 et seq.) is amended by inserting after 

12 section 13 the following new section: 

13 ‘‘SEC. 13A. COMMUNITY CHILD NUTRITION PROGRAM. 

14 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

15 program to be carried out by States to assist and maintain 

16 local government and community-based food service pro17 grams for children year-round. 

18 ‘‘(b) DEFINITIONS.—As used in this section—

19 ‘‘(1) the term ‘community-based service institu20 tions’ means public or private non-profit organiza21 tions, local, municipal, or county government, public 

22 or private non-profit higher education institutions 

23 participating in the National Youth Sports Pro24 grams, residential public or private non-profit sum25 mer camps that operate vacation programs providing 
38

•HR 3416 IH 

1 food service similar to that made available to chil2 dren during the school day under the school lunch 

3 program, and emergency shelters, as defined in sec4 tion 321(2) of the Stewart B. McKinney Homeless5 ness Assistance Act (42 U.S.C. 11351(2)); 

6 ‘‘(2) the term ‘needy area’ means an area—

7 ‘‘(A) in which at least 40 percent of the 

8 children are eligible for free and reduced price 

9 meals under this Act or the Child Nutrition Act 

10 of 1966 as determined by information provided 

11 from the departments of welfare, zoning com12 missions, or census tracts; or 

13 ‘‘(B) served by a school in which at least 

14 40 percent of the children enrolled are eligible 

15 to receive free or reduced price meals under this 

16 Act or the Child Nutrition Act of 1966; and 

17 ‘‘(3) the term ‘children’ has the meaning given 

18 that term in section 13(a)(1)(D). 

19 ‘‘(c) ELIGIBILITY OF COMMUNITY BASED SERVICE

20 INSTITUTIONS.—

21 ‘‘(1) IN GENERAL.—Subject to regulations 

22 issued by the Secretary for section 13(a)(3), any 

23 community-based service institution located in needy 

24 areas is eligible to participate in the program au25 thorized by this section. 
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•HR 3416 IH 

1 ‘‘(2) AUTOMATIC ELIGIBILITY.—The following 

2 community-based service institutions are eligible to 

3 participate in the program regardless of the location 

4 of such institutions: 

5 ‘‘(A) emergency shelters; 

6 ‘‘(B) private non-profit organizations or 

7 local governments currently receiving commod8 ities from the Secretary; 

9 ‘‘(C) organizations and camps that pri10 marily serve migrant children; and 

11 ‘‘(D) all non-school recipients of funds 

12 through the 21st Century Community Learning 

13 Center program as authorized under part B of 

14 title IV of the Elementary and Secondary Edu15 cation Act (42 U.S.C. 7171 et seq.). 

16 ‘‘(3) NON-NEEDY AREAS.—Community-based 

17 service institutions operating in areas other than 

18 needy areas are eligible to participate in the pro19 gram authorized by this section to the extent that at 

20 least 40 percent of children enrolled at a particular 

21 site are children who are eligible for free and re22 duced price meals under section 9(b). 

23 ‘‘(d) ADMINISTRATION.—

24 ‘‘(1) APPLICATION.—
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•HR 3416 IH 

1 ‘‘(A) INTERNET-BASED APPLICATION.—

2 The Secretary shall develop a prototype for an 

3 Internet-based application for the program au4 thorized by this section and shall encourage 

5 States to minimize application paperwork, pro6 cedures, and ongoing reporting requirements, 

7 except as specifically required to ensure the in8 tegrity of the program. The Secretary shall pro9 vide technical support to assist State agencies 

10 in developing an Internet-based application and 

11 claiming system to ensure that all State agency 

12 applications and claiming procedures are avail13 able via the Internet by October 1, 2006. 

14 ‘‘(B) STATE AGENCY REQUIREMENT.—

15 Each State agency shall submit a plan to the 

16 Secretary by February 15 that outlines its 

17 plans to maximize participation in the program 

18 among needy children, especially during sum19 mer months. 

20 ‘‘(2) MONITORING.—Not less than 3 times per 

21 year community-based service institutions shall mon22 itor the compliance of their sites with the require23 ments of this section and with regulations issued to 

24 implement this section. 
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•HR 3416 IH 

1 ‘‘(3) MEAL COUNTS.—Community-based service 

2 institutions in needy areas shall be reimbursed based 

3 on daily meal counts on consolidated forms. 

4 ‘‘(4) MEAL SERVICE AREAS.—State agencies 

5 shall establish policies for meal service areas that 

6 allow for the limited expansion of designated meal 

7 service areas to include supervised locations through8 out the premises of the institutions when warranted 

9 by special circumstances. 

10 ‘‘(5) MEAL PATTERNS.—Meals served by insti11 tutions participating in this program under this sec12 tion shall consist of a combination of foods that 

13 meet minimum nutritional requirements prescribed 

14 by the Secretary on the basis of tested nutrition re15 search. 

16 ‘‘(6) LICENSING.—Institutions eligible under 

17 this section shall be licensed consistent with section 

18 17(a)(5). 

19 ‘‘(e) REIMBURSEMENT.—

20 ‘‘(1) IN GENERAL.—In carrying out the com21 munity child nutrition program under this section, 

22 the Secretary shall reimburse the community-based 

23 institution for up to 3 meals and 2 supplements for 

24 any day for which services are being offered at such 

25 institution. 
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•HR 3416 IH 

1 ‘‘(2) NEEDY AREAS.—Community-based institu2 tions in needy areas shall be reimbursed for costs 

3 consistent with section 13(b). 

4 ‘‘(3) MAXIMUM REIMBURSEMENT.—No reim5 bursement may be made to any institution under 

6 this section for more than 3 meals and 2 supple7 ments per child per day. 

8 ‘‘(4) LIMITATION.—Institutions reimbursed 

9 under this section shall not be eligible for reimburse10 ment under sections 13, 17, or 17A. 

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary for fiscal years 2004 through 2009 to carry out 

14 this section.’’. 

15 TITLE IV—PROMOTING NUTRI16 TION QUALITY AND PRE17 VENTING CHILDHOOD OBE18 SITY 

19 SEC. 401. OPERATIONAL RESPONSIBILITY. 

20 Not later than the first day of the school year begin21 ning after July 31, 2005, local educational agencies par22 ticipating in the programs authorized by this Act shall es23 tablish a school nutrition policy for such local agency that 

24 at a minimum ensures that operational responsibility for 

25 school food services includes approval of all foods sold on 
43

•HR 3416 IH 

1 campus, excluding occasional sales. The local educational 

2 agency shall involve parents, students, and the public in 

3 the development of the school nutrition policy. 

4 SEC. 402. REGULATION OF COMPETITIVE FOODS SOLD 

5 WITHIN FOOD SERVICE AREAS. 

6 (a) PROHIBITIONS AND RESTRICTIONS ON COMPETI7 TIVE FOODS.—Section 10(b) of the Child Nutrition Act 

8 of 1966 (42 U.S.C. 1779(b)) is amended to read as fol9 lows: 

10 ‘‘(b) The regulations—

11 ‘‘(1) shall prohibit or restrict the sale and serv12 ice of foods in food service facilities or areas for the 

13 duration of the school day that are in competition 

14 with the programs authorized under this Act or the 

15 Richard B. Russell National School Lunch Act (re16 ferred to in this section as ‘competitive foods’), but 

17 shall not prohibit the sale of competitive foods ap18 proved by the Secretary outside of food service facili19 ties or areas; 

20 ‘‘(2) shall require that the proceeds from the 

21 sale of competitive foods in school food service areas 

22 be used for the benefit of the school food service au23 thority, if such sales are permitted by the regula24 tions; 
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•HR 3416 IH 

1 ‘‘(3) shall not supersede or otherwise affect 

2 State and local regulations on competitive foods that 

3 the Secretary determines to conform to the nutrition 

4 goals of the regulations promulgated by the Sec5 retary; and 

6 ‘‘(4) shall take into account the differing needs 

7 of elementary and secondary schools.’’. 

8 (b) NUTRITIONAL STANDARDS FOR COMPETITIVE

9 FOODS.—Section 10 of the Child Nutrition Act of 1966 

10 (42 U.S.C. 1779) is amended by adding at the end the 

11 following: 

12 ‘‘(d) The Secretary shall offer to enter into an agree13 ment with the Institute of Medicine of the National Acad14 emies of Sciences to conduct a study, based on sound nu15 tritional science, to determine appropriate nutritional 

16 standards for competitive foods. The Institute of Medicine 

17 shall transmit a report with recommendations to the Sec18 retary within 6 months after the date of enactment of this 

19 subsection. The recommendations shall distinguish be20 tween the nutritional standards for competitive foods sold 

21 within food service facilities or areas and competitive foods 

22 sold outside of food service areas. The Secretary shall 

23 make such recommendations available to schools via the 

24 Internet. Not later than 1 year after the date of enactment 

25 of this subsection, the Secretary shall, based on such rec-
45

•HR 3416 IH 

1 ommendations, promulgate regulations to carry out sec2 tion 10(b), and provide technical assistance to schools, 

3 upon request, on how to implement such recommenda4 tions, for competitive foods sold within and outside of food 

5 service areas.’’. 

6 SEC. 403. NUTRITIONAL REVIEWS. 

7 Section 7(a) of the Child Nutrition Act of 1966 (42 

8 U.S.C. 1776) is amended—

(1) in paragraph (1), by striking ‘‘11 9 ⁄2 percent’’ 

10 and inserting ‘‘2 percent’’; 

11 (2) by amending paragraph (6) to read as fol12 lows: 

13 ‘‘(6) USE OF ADMINISTRATIVE FUNDS.—

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), funds available to a State 

16 under this subsection and under section 

17 13(k)(1) of the Richard B. Russell National 

18 School Lunch Act (42 U.S.C. 1761(k)(1)) may 

19 be used by the State for the costs of adminis20 tration of the programs authorized under this 

21 Act (except for the programs authorized under 

22 sections 17 and 21) and the Richard B. Russell 

23 National School Lunch Act (42 U.S.C. 1751 et 

24 seq.) without regard to the basis on which the 

25 funds were earned and allocated. 
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1 ‘‘(B) USE OF FUNDS FOR NUTRITIONAL

2 REVIEWS.—

3 ‘‘(i) IN GENERAL.—Not less than 25 

4 percent of the amounts made available to 

5 a State under this subsection shall be used 

6 by the State to perform nutritional reviews 

7 and compliance reviews, at least 2 times 

8 during each school year, to ensure that 

9 meals served by school participating in the 

10 programs authorized under this Act and 

11 under the Richard B. Russell National 

12 School Lunch Act (42 U.S.C. 1751 et seq.) 

13 meet the requirements of section 9(f)(1) of 

14 the Richard B. Russell National School 

15 Lunch Act (42 U.S.C. 1758(f)(1)), and to 

16 assist schools, by providing grants to 

17 schools, to improve nutritional quality of 

18 meals and the school nutritional environ19 ment in order to meet such requirements. 

20 ‘‘(ii) NUTRITIONAL REVIEW STAND21 ARDS.—The Secretary, in consultation with 

22 State agencies, shall establish standards 

23 for the nutritional reviews required by this 

24 subparagraph. 
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•HR 3416 IH 

1 ‘‘(iii) DISCLOSURE.—The results of 

2 each nutritional review shall be made avail3 able to the public and provided to parents 

4 of students in schools participating in such 

5 programs in a clear, understandable for6 mat.’’. 

7 SEC. 404. SCHOOL MEALS IMPROVEMENT GRANTS. 

8 (a) IN GENERAL.—The Secretary is authorized to 

9 make grants to State educational agencies for school meal 

10 quality improvement. 

11 (b) USE OF GRANTS.—States shall use grants pro12 vided under this section for—

13 (1) implementing the recommendation of the 

14 School Meals Initiative for Healthy Children of the 

15 Department of Agriculture; 

16 (2) increasing the availability and consumption 

17 of fruits, vegetables, low-fat dairy products, and 

18 whole grains; 

19 (3) reducing saturated fat and sodium in school 

20 meals; 

21 (4) improving school nutritional environments; 

22 and 

23 (5) other activities that assist schools in car24 rying out the requirements of the School Meals Ini25 tiative. 
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•HR 3416 IH 

1 (c) APPLICATIONS.—State educational agencies shall 

2 submit applications for grants under this section in such 

3 manner and at such time as the Secretary shall determine. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary 

6 $2,000,000 for fiscal year 2005, and such sums as may 

7 be necessary for fiscal years 2006 through 2010 to carry 

8 out this section. 

9 SEC. 405. INCREASED EMPHASIS ON FRUITS AND VEGETA10 BLES IN COMMODITIES PROGRAM. 

11 Section 6(c)(1)(D) of the Richard B. Russell Na12 tional School Lunch Act (42 U.S.C. 1755(c)(1)(D)) is 

13 amended by inserting ‘‘fruits and vegetables’’ before the 

14 period. 

15 SEC. 406. FRUIT AND VEGETABLE PILOT PROGRAM. 

16 Section 18 of the Richard B. Russell National School 

17 Lunch Act (42 U.S.C. 1769) is amended by striking sub18 section (g) and inserting after subsection (e) the following: 

19 ‘‘(f) FRUIT AND VEGETABLE PILOT PROGRAM.—

20 ‘‘(1) IN GENERAL.—For each of the school 

21 years beginning July 2005, July 2006, July 2007, 

22 July 2008, and July 2009 the Secretary shall carry 

23 out a pilot program to make free fresh and dried 

24 fruits and free fresh vegetables available, throughout 
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•HR 3416 IH 

1 the school day in 1 or more areas designated by the 

2 school, to—

3 ‘‘(A) students in the 25 elementary or sec4 ondary schools in each of the 4 States, and in 

5 the elementary or secondary schools on the res6 ervation, authorized to participate in the pro7 gram under this subsection (as in effect on the 

8 day before the date of enactment of this sub9 paragraph); 

10 ‘‘(B) to the maximum extent practicable, 

11 an additional 10,000 students in each State au12 thorized to participate in the program under 

13 this subsection (as in effect on the day before 

14 the enactment of this subparagraph); 

15 ‘‘(C) to the maximum extent practicable, 

16 20,000 students enrolled in schools in each of 

17 the States not participating in the program 

18 under this subsection on the day before the date 

19 of enactment of this subparagraph, as selected 

20 by the Secretary; and 

21 ‘‘(D) to the maximum extent practicable, 

22 20,000 students enrolled in schools operated by 

23 tribal organizations. 

24 ‘‘(2) SELECTION OF SCHOOLS.—
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1 ‘‘(A) IN GENERAL.—In selecting schools to 

2 participate in the pilot program, the Secretary 

3 shall—

4 ‘‘(i) to the maximum extent prac5 ticable, ensure that not less than 75 per6 cent of students selected are from schools 

7 in which not less than 50 percent of stu8 dents are eligible for free or reduced price 

9 meals under this Act; ‘(ii) solicit applica10 tions from interested schools that in11 clude—

12 ‘‘(I) information pertaining to 

13 the percentage of students enrolled in 

14 the school submitting the application 

15 who are eligible for free or reduced 

16 price school lunches under this Act; 

17 ‘‘(II) a certification of support 

18 for participation in the pilot program 

19 signed by the school food manager, 

20 the school principal, and the district 

21 superintendent (or their equivalent 

22 positions, as determined by the 

23 school); and 
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•HR 3416 IH 

1 ‘‘(III) such other information as 

2 may be requested by the Secretary; 

3 and 

4 ‘‘(ii) for each application received, de5 termine whether the application is from a 

6 school in which not less than 50 percent of 

7 students are eligible for free or reduced 

8 price meals under this Act. 

9 ‘‘(B) LOTTERY.—

10 ‘‘(i) SCHOOLS WITH SUBSTANTIAL

11 FREE OR REDUCED PRICE MEAL ELIGI12 BILITY.—Subject to clauses (iii) and (iv), 

13 the Secretary shall randomly select, from 

14 among the schools in a participating State 

15 determined under subparagraph (A)(iii) to 

16 have at least 50 percent of students eligi17 ble for free or reduced price meals under 

18 this Act, schools to participate in the pro19 gram under this subsection so as to en20 sure, to the maximum extent practicable, 

21 that the aggregate number of students rep22 resented by those schools in the State 

23 meets the requirements of this subsection. 

24 ‘‘(ii) OTHER SCHOOLS.—Subject to 

25 clauses (iii) and (iv), the Secretary shall 
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•HR 3416 IH 

1 randomly select, from among the schools in 

2 a participating State determined under 

3 subparagraph (A)(iii) to have less than 50 

4 percent of students eligible for free or re5 duced price meals under this Act, schools 

6 to participate in the program under this 

7 subsection so as to ensure that the aggre8 gate number of students represented by 

9 those schools, plus the aggregate number 

10 of students from schools selected under 

11 clause (i), in the State meets the require12 ments of this subsection. 

13 ‘‘(iii) INSUFFICIENT APPLICATIONS.—

14 If, for any State, the Secretary determines 

15 that the number of schools described in 

16 subparagraph (A)(i) is insufficient to meet 

17 the requirements of this subsection, the 

18 Secretary may randomly select such addi19 tional applications from schools submitting 

20 applications under this subsection as are 

21 necessary to meet the requirements. 

22 ‘‘(iv) APPLICABILITY TO EXISTING

23 PARTICIPANTS.—

24 ‘‘(I) IN GENERAL.—Except as 

25 provided in subclause (II), the schools, 
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•HR 3416 IH 

1 States, and reservation authorized to 

2 participate in the pilot program under 

3 this subsection (as in effect on the 

4 date before the date of enactment of 

5 this subparagraph) shall not be sub6 ject to this subparagraph. 

7 ‘‘(II) NEW STUDENTS.—Sub8 clause (I) shall not apply to students 

9 authorized to participate in the pro10 gram under paragraph (1)(B). 

11 ‘‘(3) NOTICE OF AVAILABILITY.—To participate 

12 in the program under this subsection, a school shall 

13 widely publicize within the school the availability of 

14 free fresh and dried fruits and free fresh vegetables 

15 under the pilot program. 

16 ‘‘(4) REPORTS.—

17 ‘‘(A) INTERIM REPORTS.—Not later than 

18 September 30 of each of fiscal years 2005, 

19 2006, 2007, and 2008 the Secretary, acting 

20 through the Administrator of the Food and Nu21 trition Service, shall submit to the Committee 

22 on Education and the Workforce of the House 

23 of Representatives and the Committee on Agri24 culture, Nutrition, and Forestry of the Senate 

25 an interim report that describes the activities 
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•HR 3416 IH 

1 carried out under this subsection during the fis2 cal year covered by the report. 

3 ‘‘(B) FINAL REPORT.—Not later than De4 cember 31, 2007, the Secretary, acting through 

5 the Administrator of the Food and Nutrition 

6 Service, shall submit to the Committee on Edu7 cation and the Workforce of the House of Rep8 resentatives and the Committee on Agriculture, 

9 Nutrition, and Forestry of the Senate a report 

10 that describes the results of the pilot program 

11 under this subsection. 

12 ‘‘(5) PER STUDENT GRANT.—

13 ‘‘(A) IN GENERAL.—For each school year 

14 during which a school participates in the pro15 gram under this subsection, the Secretary shall 

16 provide to the school $75 for each student, as 

17 adjusted under subparagraph (B). 

18 ‘‘(B) ADJUSTMENT.—The amount of the 

19 grant for each student under subparagraph (A) 

20 shall be adjusted on July 1, 2005, and each 

21 July 1 thereafter, to reflect changes in the Con22 sumer Price Index of the Bureau of Labor Sta23 tistics for fresh fruits and vegetables, with the 

24 adjustment—
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•HR 3416 IH 

1 ‘‘(i) rounded down to the nearest dol2 lar increment; and 

3 ‘‘(ii) based on the unrounded amounts 

4 for the preceding 12-month period. 

5 ‘‘(6) FUNDING.—

6 ‘‘(A) EXISTING FUNDS.—The Secretary 

7 shall use to carry out this subsection any funds 

8 that remain under this subsection (in effect on 

9 the day before the date of enactment of this 

10 subparagraph). 

11 ‘‘(B) NEW FUNDS.—The Secretary shall 

12 use such funds made available under section 32 

13 of the Act of August 24, 1935 (7 U.S.C. 612c) 

14 as are necessary to carry out this subsection 

15 (other than paragraph 4). 

16 ‘‘(C) RECEIPT AND ACCEPTANCE.—The 

17 Secretary shall be entitled to receive, shall ac18 cept, and shall use to carry out this subsection 

19 the funds made available under this paragraph, 

20 without further appropriation. 

21 ‘‘(D) AVAILABILITY OF FUNDS.—Funds 

22 made available under this paragraph shall re23 main available until expended. 

24 ‘‘(E) REALLOCATION.—The Secretary may 

25 reallocate any amounts made available to carry 
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•HR 3416 IH 

1 out this subsection that are not obligated or ex2 pended, as determined by the Secretary.’’. 

3 SEC. 407. NUTRITION EDUCATION. 

4 Section 19 of the Child Nutrition Act of 1966 (42 

5 U.S.C. 1788) is amended to read as follows: 

6 ‘‘SEC. 19. TEAM NUTRITION NETWORK GRANTS. 

7 ‘‘(a) PURPOSE.—The purpose of Team Nutrition 

8 Network is to—

9 ‘‘(1) promote the nutritional health of the Na10 tion’s school children through nutrition education 

11 and other activities that support healthy lifestyles 

12 for children; 

13 ‘‘(2) provide grants to States for the develop14 ment of State-wide, comprehensive, and integrated 

15 nutrition education programs; and 

16 ‘‘(3) provide training and technical assistance 

17 to States, school and community nutrition programs, 

18 and child nutrition food service professionals. 

19 ‘‘(b) STATE COORDINATORS.—

20 ‘‘(1) IN GENERAL.—The Secretary shall reserve 

21 10 percent of funds appropriated to make grants on 

22 an equitable basis based on the number of meals 

23 served by the State to the States for State Team 

24 Nutrition Network Coordinators. 
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•HR 3416 IH 

1 ‘‘(2) ROLE OF STATE COORDINATORS.—The 

2 State Team Nutrition Network coordinator shall—

3 ‘‘(A) administer and coordinate a com4 prehensive integrated statewide nutrition edu5 cation program; and 

6 ‘‘(B) coordinate efforts with the Food and 

7 Nutrition Service and State agencies respon8 sible for children’s health programs (including 

9 school-based children’s health programs). 

10 ‘‘(3) MINIMUM STATE GRANT.—No State re11 ceiving a grant under this subsection shall receive 

12 less than $100,000. 

13 ‘‘(c) TEAM NUTRITION NETWORK GRANTS.—The 

14 Secretary is authorized to make Team Nutrition Network 

15 grants to the States consistent with the purposes of this 

16 section. The Secretary shall allocate the funds appro17 priated after reservations on an equitable basis based on 

18 the number of meals served by the State to State edu19 cation agencies or other entity within the State authorized 

20 to carry out school-based nutrition programs for State21 wide activities consistent with subsection (d). No State re22 ceiving a grant under this subsection shall receive less 

23 than $500,000. 

24 ‘‘(d) USE OF GRANT.—Grants authorized under sub25 section (c) may be used for—
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•HR 3416 IH 

1 ‘‘(1) providing assistance to schools in the 

2 adoption and implementation of school policies that 

3 promote healthy eating; 

4 ‘‘(2) fostering community environments that 

5 support healthy eating and physical activities; 

6 ‘‘(3) providing training and technical assistance 

7 to teachers and school food service professionals con8 sistent with the purpose of this section; 

9 ‘‘(4) evaluating local and State nutrition edu10 cation programs; 

11 ‘‘(5) statewide dissemination of educational ma12 terials through the use of the Internet, mailings, 

13 conferences and other communication channels; and 

14 ‘‘(6) providing subgrants to school and school 

15 food authorities for carrying out nutrition education 

16 activities at the local level. 

17 ‘‘(e) NATIONAL ACTIVITIES.—The Secretary shall re18 serve 20 percent of the funds appropriated in subsection 

19 (g) for national activities as follows: 

20 ‘‘(1) EVALUATION AND CLEARINGHOUSE.—50 

21 percent of the funds reserved under this subsection 

22 shall be used for an evaluation of activities funded 

23 under this section and the development of a clearing24 house for collecting information on best practices for 
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•HR 3416 IH 

1 promoting healthy eating in school and community 

2 child nutrition programs. 

3 ‘‘(2) ACTIVITIES.—50 percent of the funds re4 served under this subsection shall be used for Team 

5 Nutrition activities carried out by the Secretary 

6 through the Undersecretary of Food and Nutrition 

7 Services. 

8 ‘‘(f) STATE PLANS.—To be eligible to receive a grant 

9 under this section, a State shall submit a State plan to 

10 the secretary for approval, in such manner and at such 

11 a time as the Secretary determines, that includes informa12 tion regarding how the grant will be used to comply with 

13 the purposes of this section. 

14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—Out of 

15 any money in the Treasury of the United States not other16 wise appropriated, there are appropriated to the Secretary 

17 $110,000,000 for each of fiscal years 2005 through 2010 

18 for carrying out this section.’’. 

19 SEC. 408. FLUID MILK EXPANSION. 

20 Section 9(a) of the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1758(a)(2)) is amended—

22 (1) by striking paragraph (2) and redesignating 

23 paragraph (3) as paragraph (4); and 

24 (2) by inserting after paragraph (1) the fol25 lowing: 
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•HR 3416 IH 

1 ‘‘(2) Lunches served by schools participating in 

2 the school lunch program under this Act shall offer 

3 students a variety of fluid milk, including low-fat 

4 milk. 

5 ‘‘(3) Soy milk may be included as a fluid milk 

6 option if it is determined by the Secretary to be nu7 tritionally equivalent and meet nutritional standards 

8 as established by the Secretary.’’. 

9 SEC. 409. REPORT ON WHOLE GRAINS. 

10 Not later than 18 months after the date of enactment 

11 of this Act, the Secretary shall report to the Committee 

12 on Education and the Workforce of the House of Rep13 resentatives, and the Committee on Agriculture, Nutrition, 

14 and Forestry of the Senate, on the most effective ways 

15 to increase the servings of whole grains offered in school 

16 nutrition programs, based on nutrition research, children’s 

17 food habits, and other relevant factors. The report shall 

18 include recommended changes in the program’s nutrition 

19 requirements. 

20 SEC. 410. TIME TO EAT. 

21 The Secretary shall, in consultation with the Sec22 retary of Education, issue guidance to States on the se23 quencing of meal and classroom instruction to ensure that 

24 students have adequate time to obtain and eat school 

25 meals. 
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•HR 3416 IH 

1 TITLE V—IMPROVEMENTS TO 

2 THE WOMEN, INFANTS, AND 

3 CHILDREN PROGRAM 

4 SEC. 501. IMPROVING CERTIFICATION. 

5 (a) CERTIFICATION OF WOMEN WHO ARE BREAST6 FEEDING.—Section 17(d)(3)(A) of the Child Nutrition Act 

7 of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended by adding 

8 at the end the following: ‘‘A State may have the option 

9 to certify for up to one year children and breast-feeding 

10 women, or until women stop breast-feeding, whichever is 

11 earlier.’’

12 (b) PHYSICAL PRESENCE REQUIREMENT.—Section 

13 17(d)(3)(C)(ii) of the Child Nutrition Act of 1966 (42 

14 U.S.C. 1786(d)(3)(C)(ii)) is amended—

15 (1) in subclause (I)(aa) and subclause (II)(aa), 

16 respectively, by striking ‘‘at the initial certification 

17 visit’’ each place it appears and inserting ‘‘at some 

18 time during the certification period’’; 

19 (2) in subclause (I)(bb)—

20 (A) by striking ‘‘other than the local agen21 cy’’; and 

22 (B) by striking ‘‘or’’; 

23 (3) in subclause (II)(cc), by striking the period 

24 and inserting a semicolon; and 
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•HR 3416 IH 

1 (4) by inserting after subclause (II) the fol2 lowing new subclause: 

3 ‘‘(III) an infant or child who—

4 ‘‘(aa) was present at some 

5 time during the certification pe6 riod; and 

7 ‘‘(bb) is unable to be present 

8 due to distance, transportation, 

9 weather, other local conditions or 

10 special needs.’’. 

11 SEC. 502. REQUIRED AUTHORIZATION. 

12 Section 17(c)(2) of the Child Nutrition Act of 1966 

13 (42 U.S.C. 1786(c)(2)) is amended—

14 (1) in subparagraph (A), by striking ‘‘and’’; 

15 (2) in subparagraph (B), by striking the period 

16 and inserting ‘‘; and’’; and 

17 (3) by inserting after subparagraph (B) the fol18 lowing new subparagraph: 

19 ‘‘(C) the Secretary shall not authorize any 

20 State agency or approved eligible local agency 

21 to expend funds provided for activities that are 

22 not fully reimbursed by other Federal depart23 ments or agencies unless otherwise authorized 

24 under this section.’’
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•HR 3416 IH 

1 SEC. 503. DEFINITION OF NUTRITION EDUCATION. 

2 Section 17(b)(7) of the Child Nutrition Act of 1966 

3 (42 U.S.C. 1786(b)(7)) is amended by inserting ‘‘and re4 lated habits, such as, physical activity, parenting, and 

5 child development’’ after ‘‘dietary habits’’. 

6 SEC. 504. LIMITS ON EXPENDITURES. 

7 Section 17(i)(3)(A)(ii)(I) of the Child Nutrition Act 

8 of 1966 (42 U.S.C. 1786(i)(3)(A)(ii)(I) is amended by 

9 striking ‘‘1 percent’’ and inserting ‘‘1.5 percent’’. 

10 SEC. 505. DECENNIAL REVIEWS. 

11 Section 17(f)(12) of the Child Nutrition Act of 1966 

12 (42 U.S.C. 1786(f)(12)) is amended by adding at the end 

13 the following: ‘‘The Secretary shall engage the National 

14 Academy of Sciences Institute of Medicine every 10 years 

15 beginning 10 years after the date of enactment of this Act 

16 to reevaluate the supplemental foods available in the pro17 gram and recommend changes to reflect current public 

18 health concerns, national nutrition science, and the diverse 

19 cultures the program serves.’’. 

20 SEC. 506. EVALUATION OF INCLUSION OF FRUITS AND 

21 VEGETABLES. 

22 Section 17(h)(10)(B) of the Child Nutrition Act of 

23 1966 (42 U.S.C. 1786(h)(10)(B)) is amended by adding 

24 after clause (iii) the following: 

25 ‘‘(iv) special demonstration projects in 

26 up to 10 local sites, determined to be eth-
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•HR 3416 IH 

1 nically and geographically representative of 

2 local States and Indian agencies, to evalu3 ate the inclusion of fresh, frozen, or 

4 canned fruits and vegetables (to be made 

5 available through private funds) as an ad6 dition to the supplemental food provided 

7 under this section.’’. 

8 SEC. 507. AUTHORIZATION OF APPROPRIATION. 

9 (a) REAUTHORIZATION OF PROGRAM.—Section 

10 17(g)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 

11 1786(g)(1)) is amended in the first sentence by striking 

12 ‘‘1995 through 2003’’ and inserting ‘‘2004 through 

13 2009’’. 

14 (b) NUTRITION SERVICES AND ADMINISTRATION

15 FUNDS.—Section 17(h) of the Child Nutrition Act of 

16 1966 (42 U.S.C. 1786(h)) is amended—

17 (1) in paragraph (2)(A), by striking ‘‘1995 

18 through 2003’’ and inserting ‘‘2004 through 2009’’; 

19 and 

20 (2) in paragraph (10)(A), by striking ‘‘1995 

21 through 2003’’ and inserting ‘‘2004 through 2009’’. 

22 (c) FARMERS’ MARKET NUTRITION PROGRAM.—Sec23 tion 17(m)(9)(A)(i) of the Child Nutrition Act of 1966 

24 (42 U.S.C. 1786(m)(9)(A)(i)) is amended by striking 
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1 ‘‘1996 through 2003’’ and inserting ‘‘2004 through 

2 2009’’. 

3 TITLE VI—BUILDING 

4 PARTNERSHIPS 

5 SEC. 601. GRANTS TO SUPPORT FARM-TO-CAFETERIA 

6 PROJECTS. 

7 Section 12 of the Richard B. Russell National School 

8 Lunch Act (42 U.S.C. 1760) is amended by adding at the 

9 end the following: 

10 ‘‘(q) GRANTS TO SUPPORT FARM-TO-CAFETERIA

11 PROJECTS.—

12 ‘‘(1) IN GENERAL.—To improve access to local 

13 foods in schools and institutions receiving funds 

14 under this Act and the Child Nutrition Act of 1966 

15 (42 U.S.C. 1771 et seq.) (other than section 17 of 

16 that Act (42 U.S.C. 1768)), the Secretary shall pro17 vide competitive grants to nonprofit entities and 

18 educational institutions to establish and carry out 

19 farm-to-cafeteria projects that may include the pur20 chase of equipment, the procurement of foods, and 

21 the provision of training and education activities. 

22 ‘‘(2) PREFERENCE FOR CERTAIN PROJECTS.—

23 In selecting farm-to-cafeteria projects to receive as24 sistance under this subsection, the Secretary shall 

25 give preference to projects designed to—
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•HR 3416 IH 

1 ‘‘(A) procure local foods from small- and 

2 medium-sized farms for the provision of foods 

3 for school meals; 

4 ‘‘(B) support nutrition education activities 

5 or curriculum planning that incorporates the 

6 participation of school children in farm and ag7 riculture education projects; and 

8 ‘‘(C) develop a sustained commitment to 

9 farm-to-cafeteria projects in the community by 

10 linking schools, agricultural producers, parents, 

11 and other community stakeholders. 

12 ‘‘(3) TECHNICAL ASSISTANCE AND RELATED IN13 FORMATION.—

14 ‘‘(A) TECHNICAL ASSISTANCE.—In car15 rying out this subsection, the Secretary may 

16 provide technical assistance regarding farm-to17 cafeteria projects, processes, and development 

18 to an entity seeking the assistance. 

19 ‘‘(B) SHARING OF INFORMATION.—The 

20 Secretary may provide for the sharing of infor21 mation concerning farm-to-cafeteria projects 

22 and issues among and between government, pri23 vate for-profit and nonprofit groups, and the 

24 public through publications, conferences, and 

25 other appropriate means. 
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1 ‘‘(4) GRANTS.—

2 ‘‘(A) IN GENERAL.—From amounts made 

3 available to carry out this subsection, the Sec4 retary shall make grants to assist private non5 profit entities and educational institutions to es6 tablish and carry out farm-to-cafeteria projects. 

7 ‘‘(B) MAXIMUM AMOUNT.—The maximum 

8 amount of a grant provided to an entity under 

9 this subsection shall be $100,000. 

10 ‘‘(C) MATCHING FUND REQUIREMENTS.—

11 ‘‘(i) IN GENERAL.—The Federal share 

12 of the cost of establishing or carrying out 

13 a farm-to-cafeteria project that receives as14 sistance under this subsection may not ex15 ceed 75 percent of the cost of the project 

16 during the term of the grant, as deter17 mined by the Secretary. 

18 ‘‘(ii) FORM.—In providing the non19 Federal share of the cost of carrying out a 

20 farm-to-cafeteria project, the grantee shall 

21 provide the share through a payment in 

22 cash or in kind, fairly evaluated, including 

23 facilities, equipment, or services. 

24 ‘‘(iii) SOURCE.—An entity may pro25 vide the non-Federal share through State 
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•HR 3416 IH 

1 government, local government, or private 

2 sources. 

3 ‘‘(D) ADMINISTRATION.—

4 ‘‘(i) SINGLE GRANT.—A farm-to-cafe5 teria project may be supported by only a 

6 single grant under this subsection. 

7 ‘‘(ii) TERM.—The term of a grant 

8 made under this subsection may not exceed 

9 3 years. 

10 ‘‘(5) EVALUATION.—Not later than January 

11 30, 2008, the Secretary shall—

12 ‘‘(A) provide for the evaluation of the 

13 projects funded under this subsection; and 

14 ‘‘(B) submit to the Committee on Edu15 cation and the Workforce of the House of Rep16 resentatives and the Committee on Agriculture, 

17 Nutrition, and Forestry of the Senate a report 

18 on the results of the evaluation. 

19 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated 

21 $10,000,000 for fiscal year 2005 and such sums as 

22 may be necessary for fiscal years 2006 through 2010 

23 to carry out this subsection.’’. 
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1 SEC. 602. BUY AMERICAN PROCUREMENT TRAINING. 

2 Section 12 of the Richard B. Russell National School 

3 Lunch Act (42 U.S.C. 1760) is further amended by adding 

4 at the end the following: 

5 ‘‘(r) PROCUREMENT TRAINING.—

6 ‘‘(1) IN GENERAL.—Subject to the availability 

7 of appropriations to carry out this subsection, the 

8 Secretary shall provide technical assistance and 

9 training to States, State agencies, schools, and 

10 school food authorities in the procurement of goods 

11 and services for programs under this Act or the 

12 Child Nutrition Act of 1966 (42 U.S.C. 1771 et 

13 seq.) (other than section 17 of that Act (42 U.S.C. 

14 1786)). 

15 ‘‘(2) BUY AMERICAN TRAINING.—All activities 

16 carried out pursuant to paragraph (1) shall include 

17 technical assistance and training to ensure compli18 ance with section 12(n) of this Act (42 U.S.C. 

19 1760(n)). 

20 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

21 There is authorized to be appropriated to carry out 

22 this subsection $1,000,000 for each of the fiscal 

23 years 2005 through 2009, to remain available until 

24 expended.’’. 

25 SEC. 603. STATE TECHNOLOGY IMPROVEMENTS. 

26 (a) IN GENERAL.—
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1 (1) TECHNOLOGY INFRASTRUCTURE IMPROVE2 MENT.—Section 7 of the Child Nutrition Act of 

3 1966 (42 U.S.C. 1776) is amended by adding the 

4 following new subsection: 

5 ‘‘(h) Not later than October 1, 2005, each State shall 

6 submit to the Secretary for approval an amendment to the 

7 plan required by subsection (e) that describes how funds 

8 provided under this section will be used for technology and 

9 information management systems. At a minimum, such 

10 amendment shall describe how the State will improve pro11 gram integrity by—

12 ‘‘(1) monitoring the nutrient content of meals 

13 served; 

14 ‘‘(2) training schools and school food authori15 ties how to utilize technology and information man16 agement systems for activities such as menu plan17 ning, collecting point of sale data, and processing 

18 applications for free and reduced price meals; and 

19 ‘‘(3) using electronic data to establish bench20 marks to compare and monitor program integrity, 

21 program participation, and financial data across 

22 schools and school food authorities.’’. 

23 (2) PRIORITY FOR REALLOCATED FUNDS.—Sec24 tion 7(a)(5)(B)(ii) of the Child Nutrition Act of 

25 1966 (42 U.S.C. 1776(a)(5)(B)(ii)) is amended by 
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1 inserting the following new sentence at the end: 

2 ‘‘The Secretary shall give priority consideration to 

3 States that will use the funds for improvements in 

4 technology and information management systems de5 scribed in the amendment required under subsection 

6 (h).’’. 

7 (3) CONFORMING AMENDMENT.—Section 7(b) 

8 of the Child Nutrition Act of 1966 (42 U.S.C. 

9 1776(b)) is amended by striking ‘‘and for staff de10 velopment.’’ and inserting ‘‘; for staff development; 

11 and technology and information management sys12 tems.’’. 

13 (b) START-UP AND EXPANSION ASSISTANCE FOR

14 SCHOOLS.—Section 12 of the Richard B. Russell National 

15 School Lunch Act (42 U.S.C. 1760) is amended by adding 

16 at the end the following: 

17 ‘‘(q) TECHNOLOGY INFRASTRUCTURE GRANTS.—

18 ‘‘(1) IN GENERAL.—Subject to the availability 

19 of appropriations to carry out this subsection, the 

20 Secretary shall, on a competitive basis, provide funds 

21 to State educational agencies for purposes of award22 ing grants to schools and school food authorities to 

23 defray the cost of purchasing or upgrading tech24 nology and information management systems for use 

25 in programs authorized by this Act or the Child Nu-
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•HR 3416 IH 

1 trition Act of 1966 (42 U.S.C. 1771 et seq.) (other 

2 than section 17 of that Act (42 U.S.C. 1786)). 

3 ‘‘(2) INFRASTRUCTURE DEVELOPMENT PLAN.—

4 To be eligible to receive a grant under this sub5 section, a school or school food authority shall sub6 mit to the State educational agency a plan to pur7 chase or upgrade technology and information man8 agement systems. Such plan shall address potential 

9 cost savings and methods to improve program integ10 rity, including—

11 ‘‘(A) processing and verification of applica12 tions for free and reduced price meals; 

13 ‘‘(B) integration of menu planning, pro14 duction, and serving data to monitor compliance 

15 with section 9(f)(1) of this Act; and 

16 ‘‘(C) compatibility with statewide reporting 

17 systems. 

18 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to carry out 

20 this subsection $10,000,000 for each of the fiscal 

21 years 2005 through 2009, to remain available until 

22 expended.’’. 
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1 TITLE VII—FOOD SAFETY 

2 IMPROVEMENTS 

3 SEC. 701. NOTICE OF IRRADIATED FOOD. 

4 The Secretary shall develop policy and establish pro5 cedures for the distribution of irradiated food products in 

6 Federal school meals programs. The policies and proce7 dures shall ensure at a minimum that—

8 (1) irradiated food products are made available 

9 only at the request of States and school food au10 thorities; 

11 (2) reimbursements to schools for irradiated 

12 food products are equal to reimbursements to 

13 schools for non-irradiated products; 

14 (3) States and school food service authorities 

15 are provided balanced information on the science 

16 and evidence regarding irradiation technology; 

17 (4) States and school food service authorities 

18 are provided model procedures for providing bal19 anced information to school food service authorities, 

20 parents, and students regarding irradiation tech21 nology, including notice of the availability of irradi22 ated food products in school meals programs 

23 through the use of menus and signage that are pre24 sented in a clear and understandable format, includ25 ing translations in other languages; 
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1 (5) irradiated food products used in the Federal 

2 school meals program are labeled with ‘‘radura’’ and 

3 that written notice that the product was treated with 

4 irradiation is prominently displayed in a clear and 

5 understandable format on the container including a 

6 disclaimer that irradiation is not a substitute for 

7 safe food handling techniques and any such other in8 formation necessary to promote food safety in school 

9 meal programs. 

10 (6) irradiated products are not commingled 

11 with non-irradiated products in containers; and 

12 (7) schools provide alternatives to irradiated 

13 food products as part of the meal plan used by 

14 schools. 

15 TITLE VIII—GENERAL 

16 PROVISIONS 

17 SEC. 801. REAUTHORIZATION OF PROGRAMS. 

18 (a) STATE ADMINISTRATIVE EXPENSES.—Section 

19 7(g) of the Child Nutrition Act of 1966 (42 U.S.C. 

20 1776(g)) is amended by striking ‘‘2003’’ and inserting 

21 ‘‘2009’’. 

22 (b) COMMODITY DISTRIBUTION PROGRAM.—

23 (1) Section 14(a) of the Richard B. Russell Na24 tional School Lunch Act (42 U.S.C. 1762a(a)) is 

25 amended by striking ‘‘2003’’ and inserting ‘‘2009’’. 
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1 (2) Section 15(e) of the Commodity Distribu2 tion Reform Act and WIC Amendments of 1987 (7 

3 U.S.C. 612c note; Public Law 100–237) is amended 

4 by striking ‘‘2003’’ and inserting ‘‘2009’’. 

5 (c) TRAINING, TECHNICAL ASSISTANCE, AND FOOD

6 SERVICE MANAGEMENT INSTITUTE.—Section 21(e)(1) of 

7 the Richard B. Russell National School Lunch Act (42 

8 U.S.C. 1769b–1(e)(1)) is amended by striking ‘‘for each 

9 of fiscal years 1992 through 2003’’ and inserting ‘‘for fis10 cal year 2004, and such sums as may be necessary for 

11 fiscal years 2005 through 2009’’. 

12 (d) NUTRITIONAL AND OTHER PROGRAM REQUIRE13 MENTS.—

14 (1) EXCLUSION OF CERTAIN MILITARY HOUS15 ING ALLOWANCES.—Section 9(b)(7) of the Richard 

16 B. Russell National School Lunch Act (42 U.S.C. 

17 1758(b)(7)) is amended by striking ‘‘and 2003’’ and 

18 inserting ‘‘through 2009’’. 

19 (2) WAIVER OF REQUIREMENT FOR WEIGHTED

20 AVERAGES FOR NUTRIENT ANALYSIS.—Section 

21 9(f)(5) of the Richard B. Russell National School 

22 Lunch Act (42 U.S.C. 1758(f)(5)) is amended by 

23 striking ‘‘2003’’ and inserting ‘‘2009’’. 

24 (e) COMPLIANCE AND ACCOUNTABILITY.—Section 

25 22(d) of the Richard B. Russell National School Lunch 
76

•HR 3416 IH 

1 Act (42 U.S.C. 1769c(d)) is amended by striking ‘‘2003’’ 

2 and inserting ‘‘2009’’. 

3 (f) SPECIAL DIETARY NEEDS.—Section 27(c) of the 

4 Richard B. Russell National School Lunch Act (42 U.S.C. 

5 1769h(c)) is amended by striking ‘‘2003’’ and inserting 

6 ‘‘2009’’.

Æ