I 

109TH CONGRESS 

2D SESSION H. R. 5344 

To amend the Richard B. Russell National School Lunch Act to improve 

the summer food service program for children. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2006 

Ms. HOOLEY introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend the Richard B. Russell National School Lunch 

Act to improve the summer food service program for 

children. 

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 ‘‘Summer Food Service 

5 Program Improvement Act of 2006’’. 

6 SEC. 2. DEFINITION OF AREAS IN WHICH POOR ECONOMIC 

7 CONDITIONS EXIST. 

8 Section 13(a)(1)(C) of the Richard B. Russell Na9 tional School Lunch Act (42 U.S.C. 1761(a)(1)(C)) is 


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1 amended by striking ‘‘50 percent’’ and inserting ‘‘40 per2 cent’’. 

3 SEC. 3. PAYMENTS. 

4 (a) OPERATING EXPENSES.—Section 13(b)(1) of the 

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

6 1761(b)(1)) is amended by striking subparagraph (A) and 

7 inserting the following: 

8 ‘‘(A) IN GENERAL.—A payment to a serv9 ice institution shall be equal to the maximum 

10 amount for food service under subparagraphs 

11 (B) and (C).’’. 

12 (b) ADMINISTRATIVE COSTS.—Section 13(b) of the 

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

14 1761(b)) is amended by striking paragraph (3) and insert15 ing the following: 

16 ‘‘(3) ADMINISTRATIVE COSTS.—Payment to a 

17 service institution for administrative costs shall be 

18 equal to the maximum allowable levels determined 

19 by the Secretary under the study required under 

20 paragraph (4).’’. 

21 (c) CONFORMING AMENDMENT.—Section 18 of the 

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

23 1769) is amended by striking subsection (f). 


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1 SEC. 4. STARTUP GRANTS FOR SUMMER FOOD SERVICE 

2 PROGRAMS. 

3 Section 13 of the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1761) is amended by inserting after 

5 subsection (h) the following: 

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

7 PROGRAMS.— 

8 ‘‘(1) GRANTS.—The Secretary shall make 

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

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

11 fiscal year from funds made available to the Sec12 retary, to assist eligible service institutions in initi13 ating summer food service program sites. 

14 ‘‘(2) USES.—A State shall use a grant made 

15 available under this subsection to assist eligible serv16 ice institutions with expenses incurred in initiating 

17 summer food service programs during the first year 

18 of the sites. 

19 ‘‘(3) SUPPLEMENTARY FUNDS.—A grant under 

20 this subsection shall supplement any payment to 

21 which a State is entitled under this section. 

22 ‘‘(4) PLAN.—To be eligible to receive a grant 

23 under this subsection, a State shall submit to the 

24 Secretary a plan to initiate summer food service pro25 gram sites conducted in the State, including a de26 scription of the manner in which the State shall proVerDate Aug 31 2005 23:11 May 11, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5344.IH H5344

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1 vide technical assistance and funding to eligible serv2 ice institutions in the State to initiate the sites. 

3 ‘‘(5) STATE PREFERENCES.—In making a grant 

4 under this subsection for a fiscal year to initiate 

5 summer food service programs sites, the Secretary 

6 shall give preference to a State in which not more 

7 than 10 lunches under summer food service pro8 grams are served on an average day in June and 

9 July for each 100 free and reduced price lunches 

10 served on an average day from September through 

11 May of the previous school year, as determined by 

12 the Secretary. 

13 ‘‘(6) REALLOCATION.—The Secretary shall act 

14 in a timely manner to recover and reallocate to other 

15 States any amount made available to a State under 

16 this subsection that is not used by the agency or 

17 State within a reasonable period (as determined by 

18 the Secretary). 

19 ‘‘(7) APPLICATION.—The Secretary shall allow 

20 application by States on an annual basis for grants 

21 under this subsection. 

22 ‘‘(8) PREFERENCES BY STATES.—In allocating 

23 funds within the State, each State shall give pref24 erence for assistance under this subsection to an eli25 gible service institution that demonstrates the greatVerDate Aug 31 2005 23:11 May 11, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5344.IH H5344

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1 est need for assistance for a summer food service 

2 program, as determined by the State. 

3 ‘‘(9) MAINTENANCE OF EFFORT.—The expendi4 ture of funds from State and local sources for the 

5 maintenance of the summer food service program 

6 shall not be diminished as a result of grants made 

7 available under this subsection. 

8 ‘‘(10) DEFINITION OF ELIGIBLE SERVICE INSTI9 TUTION.—In this subsection, the term ‘eligible serv10 ice institution’ means a service institution that 

11 agrees to operate the summer food service program 

12 established with the assistance provided under this 

13 subsection.’’. 

14 SEC. 5. EFFECTIVE DATE. 

15 Except as otherwise provided in this Act, this Act and 

16 the amendments made by this Act take effect on October 

17 1, 2006. 

Æ 


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