II 

Calendar No. 580

108TH CONGRESS 

2D SESSION S. 2507

[Report No. 108–279] 

To amend the Richard B. Russell National School Lunch Act and the Child 

Nutrition Act of 1966 to provide children with increased access to food 

and nutrition assistance, to simplify program operations and improve 

program management, to reauthorize child nutrition programs, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2004

Mr. COCHRAN, from the Committee on Agriculture, Nutrition, and Forestry, 

reported the following original bill; which was read twice and placed on 

the calendar 

A BILL

To amend the Richard B. Russell National School Lunch 

Act and the Child Nutrition Act of 1966 to provide 

children with increased access to food and nutrition assistance, to simplify program operations and improve 

program management, to reauthorize child nutrition programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 2507 RS 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Child Nutrition and WIC Reauthorization Act of 2004’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows:

Sec. 1. Short title; Table of contents.

TITLE I—AMENDMENTS TO RICHARD B. RUSSELL NATIONAL 

SCHOOL LUNCH ACT 

Sec. 101. Nutrition promotion.

Sec. 102. Nutrition requirements. 

Sec. 103. Provision of information. 

Sec. 104. Direct certification.

Sec. 105. Household applications.

Sec. 106. Duration of eligibility for free or reduced price meals.

Sec. 107. Runaway, homeless, and migrant youth.

Sec. 108. Exclusion of military housing allowances.

Sec. 109. Waiver of requirement for weighted averages for nutrient analysis.

Sec. 110. School food safety programs.

Sec. 111. Purchases of locally produced foods.

Sec. 112. Special assistance. 

Sec. 113. Food and nutrition projects integrated with elementary school curricula.

Sec. 114. Procurement training.

Sec. 115. Summer food service program for children. 

Sec. 116. Commodity distribution program.

Sec. 117. Child and adult care food program.

Sec. 118. Fresh fruit and vegetable program.

Sec. 119. Summer food service rural transportation demonstration.

Sec. 120. Summer food service residential camp demonstration.

Sec. 121. Healthy school nutrition environment demonstrations.

Sec. 122. Food service program personnel professional standards demonstration.

Sec. 123. School garden grant demonstration.

Sec. 124. Access to local foods. 

Sec. 125. Childhood obesity prevention demonstration. 

Sec. 126. Year round services for eligible entities. 

Sec. 127. Free lunch and breakfast expansion demonstration. 

Sec. 128. Training, technical assistance, and food service management institute. 

Sec. 129. Administrative error reduction.

Sec. 130. Compliance and accountability.

Sec. 131. Information clearinghouse.

Sec. 132. Program evaluation.

Sec. 133. Gleaning of fresh fruits and vegetables.

TITLE II—AMENDMENTS TO CHILD NUTRITION ACT OF 1966 

Sec. 201. Severe need assistance.
3

•S 2507 RS 

Sec. 202. State administrative expenses.

Sec. 203. World Food Prize. 

Sec. 204. Special supplemental nutrition program for women, infants, and children.

Sec. 205. Team nutrition network. 

Sec. 206. Review of best practices in the breakfast program. 

TITLE III—COMMODITY DISTRIBUTION PROGRAMS 

Sec. 301. Commodity distribution programs.

TITLE IV—MISCELLANEOUS 

Sec. 401. Food employment empowerment and development program.

TITLE V—IMPLEMENTATION 

Sec. 501. Guidance and regulations.

Sec. 502. Effective dates.

1 TITLE I—AMENDMENTS TO 

2 RICHARD B. RUSSELL NA3 TIONAL SCHOOL LUNCH ACT 

4 SEC. 101. NUTRITION PROMOTION. 

5 The Richard B. Russell National School Lunch Act 

6 is amended by inserting after section 4 (42 U.S.C. 1753) 

7 the following: 

8 ‘‘SEC. 5. NUTRITION PROMOTION. 

9 ‘‘(a) IN GENERAL.—Subject to the availability of 

10 funds made available under subsection (g), the Secretary 

11 shall make payments to State agencies for each fiscal year, 

12 in accordance with this section, to promote nutrition in 

13 food service programs under this Act and the school 

14 breakfast program established under the Child Nutrition 

15 Act of 1966 (42 U.S.C. 1771 et seq.). 

16 ‘‘(b) TOTAL AMOUNT FOR EACH FISCAL YEAR.—The 

17 total amount of funds available for a fiscal year for pay-
4

•S 2507 RS 

1 ments under this section shall equal not more than the 

2 product obtained by multiplying— 

‘‘(1) 1 3 ⁄2 cent; by 

4 ‘‘(2) the number of lunches reimbursed through 

5 food service programs under this Act during the sec6 ond preceding fiscal year in schools, institutions, and 

7 service institutions that participate in the food serv8 ice programs. 

9 ‘‘(c) PAYMENTS TO STATES.— 

10 ‘‘(1) ALLOCATION.—Subject to paragraph (2), 

11 from the amounts of funds available under sub12 section (g) for a fiscal year, the Secretary shall allo13 cate to each State agency an amount equal to the 

14 greater of— 

15 ‘‘(A) a uniform base amount established by 

16 the Secretary; or 

17 ‘‘(B) an amount determined by the Sec18 retary, based on the ratio that— 

19 ‘‘(i) the number of lunches reimbursed 

20 through food service programs under this 

21 Act in schools, institutions, and service in22 stitutions in the State that participate in 

23 the food service programs; bears to 

24 ‘‘(ii) the number of lunches reim25 bursed through the food service programs 
5

•S 2507 RS 

1 in schools, institutions, and service institu2 tions in all States that participate in the 

3 food service programs. 

4 ‘‘(2) REDUCTIONS.—The Secretary shall reduce 

5 allocations to State agencies qualifying for an alloca6 tion under paragraph (1)(B), in a manner deter7 mined by the Secretary, to the extent necessary to 

8 ensure that the total amount of funds allocated 

9 under paragraph (1) is not greater than the amount 

10 appropriated under subsection (g). 

11 ‘‘(d) USE OF PAYMENTS.— 

12 ‘‘(1) USE BY STATE AGENCIES.—A State agen13 cy may reserve, to support dissemination and use of 

14 nutrition messages and materials developed by the 

15 Secretary, up to— 

16 ‘‘(A) 5 percent of the payment received by 

17 the State for a fiscal year under subsection (c); 

18 or 

19 ‘‘(B) in the case of a small State (as deter20 mined by the Secretary), a higher percentage 

21 (as determined by the Secretary) of the pay22 ment. 

23 ‘‘(2) DISBURSEMENT TO SCHOOLS AND INSTI24 TUTIONS.—Subject to paragraph (3), the State 

25 agency shall disburse any remaining amount of the 
6

•S 2507 RS 

1 payment to school food authorities and institutions 

2 participating in food service programs described in

3 subsection (a) to disseminate and use nutrition mes4 sages and materials developed by the Secretary. 

5 ‘‘(3) SUMMER FOOD SERVICE PROGRAM FOR

6 CHILDREN.—In addition to any amounts reserved 

7 under paragraph (1), in the case of the summer food 

8 service program for children established under sec9 tion 13, the State agency may— 

10 ‘‘(A) retain a portion of the funds made 

11 available under subsection (c) (as determined 

12 by the Secretary); and 

13 ‘‘(B) use the funds, in connection with the 

14 program, to disseminate and use nutrition mes15 sages and materials developed by the Secretary. 

16 ‘‘(e) DOCUMENTATION.—A State agency, school food 

17 authority, and institution receiving funds under this sec18 tion shall maintain documentation of nutrition promotion 

19 activities conducted under this section. 

20 ‘‘(f) REALLOCATION.—The Secretary may reallocate, 

21 to carry out this section, any amounts made available to 

22 carry out this section that are not obligated or expended, 

23 as determined by the Secretary. 

24 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated such sums as are nec-
7

•S 2507 RS 

1 essary to carry out this section, to remain available until 

2 expended.’’. 

3 SEC. 102. NUTRITION REQUIREMENTS. 

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

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

6 striking paragraph (2) and inserting the following: 

7 ‘‘(2) FLUID MILK.—

8 ‘‘(A) IN GENERAL.—Lunches served by 

9 schools participating in the school lunch pro10 gram under this Act—

11 ‘‘(i) shall offer students fluid milk in 

12 a variety of fat contents; 

13 ‘‘(ii) may offer students flavored and 

14 unflavored fluid milk and lactose-free fluid 

15 milk; and 

16 ‘‘(iii) shall provide a substitute for 

17 fluid milk for students whose disability re18 stricts their diet, on receipt of a written 

19 statement from a licensed physician that 

20 identifies the disability that restricts the 

21 student’s diet and that specifies the sub22 stitute for fluid milk. 

23 ‘‘(B) SUBSTITUTES.—

24 ‘‘(i) STANDARDS FOR SUBSTI25 TUTION.—A school may substitute for the 
8

•S 2507 RS 

1 fluid milk provided under subparagraph 

2 (A), a nondairy beverage that is nutrition3 ally equivalent to fluid milk and meets nu4 tritional standards established by the Sec5 retary (which shall, among other require6 ments to be determined by the Secretary, 

7 include fortification of calcium, protein, vi8 tamin A, and vitamin D to levels found in 

9 cow’s milk) for students who cannot con10 sume fluid milk because of a medical or 

11 other special dietary need other than a dis12 ability described in subparagraph (A)(iii). 

13 ‘‘(ii) NOTICE.—The substitutions may 

14 be made if the school notifies the State 

15 agency that the school is implementing a 

16 variation allowed under this subparagraph, 

17 and if the substitution is requested by 

18 written statement of a medical authority or 

19 by a student’s parent or legal guardian 

20 that identifies the medical or other special 

21 dietary need that restricts the student’s 

22 diet, except that the school shall not be re23 quired to provide beverages other than bev24 erages the school has identified as accept25 able substitutes. 
9

•S 2507 RS 

1 ‘‘(iii) EXCESS EXPENSES BORNE BY

2 SCHOOL DISTRICT.—Expenses incurred in 

3 providing substitutions under this subpara4 graph that are in excess of expenses cov5 ered by reimbursements under this Act 

6 shall be paid by the school district. 

7 ‘‘(C) RESTRICTIONS ON SALE OF MILK

8 PROHIBITED.—A school or institution that par9 ticipates in the school lunch program under this 

10 Act shall not directly or indirectly restrict the 

11 sale or marketing of fluid milk products by the 

12 school (or by a person approved by the school) 

13 at any time or any place—

14 ‘‘(i) on the school premises; or 

15 ‘‘(ii) at any school-sponsored event.’’. 

16 SEC. 103. PROVISION OF INFORMATION. 

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

18 School Lunch Act (42 U.S.C. 1758(a)) is amended by add19 ing at the end the following: 

20 ‘‘(4) PROVISION OF INFORMATION.—The Sec21 retary shall ensure that States and school food au22 thorities administer school nutrition programs under 

23 this Act and the Child Nutrition Act of 1966 (42 

24 U.S.C. 1771 et seq.) in a manner that reflects con25 sumption recommendations—
10

•S 2507 RS 

1 ‘‘(A) specified in the Dietary Guidelines for 

2 Americans; and 

3 ‘‘(B) at the option of the Secretary, based 

4 on other recent scientifically valid informa5 tion.’’. 

6 SEC. 104. DIRECT CERTIFICATION. 

7 (a) IN GENERAL.—Section 9(b) of the Richard B. 

8 Russell National School Lunch Act (42 U.S.C. 1758(b)) 

9 is amended— 

10 (1) by redesignating paragraphs (3) through 

11 (7) as paragraphs (9) through (13), respectively; 

12 and 

13 (2) in paragraph (2)— 

14 (A) in subparagraph (B)—

15 (i) by striking ‘‘(B) Applications’’ and 

16 inserting the following: 

17 ‘‘(B) APPLICATIONS AND DESCRIPTIVE MA18 TERIAL.—

19 ‘‘(i) IN GENERAL.—Applications’’; 

20 (ii) in the second sentence, by striking 

21 ‘‘Such forms and descriptive materials’’ 

22 and inserting the following: 

23 ‘‘(ii) INCOME ELIGIBILITY GUIDE24 LINES.—Forms and descriptive materials 
11

•S 2507 RS 

1 distributed in accordance with clause (i)’’; 

2 and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(iii) CONTENTS OF DESCRIPTIVE MA6 TERIALS.—

7 ‘‘(I) IN GENERAL.—Descriptive 

8 materials distributed in accordance 

9 with clause (i) shall contain a notifica10 tion that—

11 ‘‘(aa) participants in the 

12 programs listed in subclause (II) 

13 may be eligible for free or re14 duced price meals; and 

15 ‘‘(bb) documentation may be 

16 requested for verification of eligi17 bility for free or reduced price 

18 meals. 

19 ‘‘(II) PROGRAMS.—The programs 

20 referred to in subclause (I)(aa) are—

21 ‘‘(aa) the special supple22 mental nutrition program for 

23 women, infants, and children es24 tablished by section 17 of the 
12

•S 2507 RS 

1 Child Nutrition Act of 1966 (42 

2 U.S.C. 1786);

3 ‘‘(bb) the food stamp pro4 gram established under the Food 

5 Stamp Act of 1977 (7 U.S.C. 

6 2011 et seq.); 

7 ‘‘(cc) the food distribution 

8 program on Indian reservations 

9 established under section 4(b) of 

10 the Food Stamp Act of 1977 (7 

11 U.S.C. 2013(b)); and 

12 ‘‘(dd) a State program fund13 ed under the program of block 

14 grants to States for temporary 

15 assistance for needy families es16 tablished under part A of title IV 

17 of the Social Security Act (42 

18 U.S.C. 601 et seq.).’’; 

19 (B) by striking ‘‘(C)(i)’’ and inserting 

20 ‘‘(3)’’; and 

21 (C) by striking clause (ii) of subparagraph 

22 (C) (as it existed before the amendment made 

23 by subparagraph (B)) and all that follows 

24 through the end of subparagraph (D) and in25 serting the following: 
13

•S 2507 RS 

1 ‘‘(4) DIRECT CERTIFICATION FOR CHILDREN IN

2 FOOD STAMP HOUSEHOLDS.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (D), each State agency shall enter into 

5 an agreement with the State agency conducting 

6 eligibility determinations for the food stamp 

7 program established under the Food Stamp Act 

8 of 1977 (7 U.S.C. 2011 et seq.). 

9 ‘‘(B) PROCEDURES.—Subject to paragraph 

10 (6), the agreement shall establish procedures 

11 under which a child who is a member of a 

12 household receiving assistance under the food 

13 stamp program shall be certified as eligible for 

14 free lunches under this Act and free breakfasts 

15 under the Child Nutrition Act of 1966 (42 

16 U.S.C. 1771 et seq.), without further applica17 tion. 

18 ‘‘(C) CERTIFICATION.—Subject to para19 graph (6), under the agreement, the school food 

20 authority conducting eligibility determinations 

21 for a school lunch program conducted under 

22 this Act and school breakfast program under 

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

24 1771 et seq.) shall certify a child who is a 

25 member of a household receiving assistance 
14

•S 2507 RS 

1 under the food stamp program as eligible for 

2 free lunches under this Act and free breakfasts 

3 under the Child Nutrition Act of 1966 (42 

4 U.S.C. 1771 et seq.), without further applica5 tion. 

6 ‘‘(D) APPLICABILITY.—This paragraph ap7 plies to—

8 ‘‘(i) in the case of the school year be9 ginning July 2006, a school district that 

10 had an enrollment of 25,000 students or 

11 more in the preceding school year; 

12 ‘‘(ii) in the case of the school year be13 ginning July 2007, a school district that 

14 had an enrollment of 10,000 students or 

15 more in the preceding school year; and 

16 ‘‘(iii) in the case of the school year be17 ginning July 2008 and each subsequent 

18 school year, each school food authority.’’. 

19 (b) ADMINISTRATION.—

20 (1) IN GENERAL.—Section 9(b) of the Richard 

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

22 1758(b)) (as amended by subsection (a)) is amended 

23 by inserting after paragraph (4) the following: 

24 ‘‘(5) DISCRETIONARY CERTIFICATION.—
15

•S 2507 RS 

1 ‘‘(A) IN GENERAL.—Subject to paragraph 

2 (6), any school food authority may certify any 

3 child as eligible for free lunches or breakfasts, 

4 without further application, by directly commu5 nicating with the appropriate State or local 

6 agency to obtain documentation of the status of 

7 the child as—

8 ‘‘(i) a member of a family that is re9 ceiving assistance under the temporary as10 sistance for needy families program funded 

11 under part A of title IV of the Social Secu12 rity Act (42 U.S.C. 601 et seq.) that the 

13 Secretary determines complies with stand14 ards established by the Secretary that en15 sure that the standards under the State 

16 program are comparable to or more re17 strictive than those in effect on June 1, 

18 1995; 

19 ‘‘(ii) a homeless child or youth (de20 fined as 1 of the individuals described in 

21 section 725(2) of the McKinney-Vento 

22 Homeless Assistance Act (42 U.S.C. 

23 11434a(2)); 

24 ‘‘(iii) served by the runaway and 

25 homeless youth grant program established 
16

•S 2507 RS 

1 under the Runaway and Homeless Youth 

2 Act (42 U.S.C. 5701 et seq.); or 

3 ‘‘(iv) a migratory child (as defined in 

4 section 1309 of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 

6 6399)).’’. 

7 ‘‘(B) CHILDREN OF HOUSEHOLDS RECEIV8 ING FOOD STAMPS.—Subject to paragraph (6), 

9 any school food authority may certify any child 

10 as eligible for free lunches or breakfasts, with11 out further application, by directly commu12 nicating with the appropriate State or local 

13 agency to obtain documentation of the status of 

14 the child as a member of a household that is re15 ceiving food stamps under the Food Stamp Act 

16 of 1977 (7 U.S.C. 2011 et seq.). 

17 ‘‘(6) USE OR DISCLOSURE OF INFORMATION.— 

18 ‘‘(A) IN GENERAL.—The use or disclosure 

19 of any information obtained from an application 

20 for free or reduced price meals, or from a State 

21 or local agency referred to in paragraph (3)(F), 

22 (4), or (5), shall be limited to— 

23 ‘‘(i) a person directly connected with 

24 the administration or enforcement of this 

25 Act or the Child Nutrition Act of 1966 (42 
17

•S 2507 RS 

1 U.S.C. 1771 et seq.) (including a regula2 tion promulgated under either Act); 

3 ‘‘(ii) a person directly connected with 

4 the administration or enforcement of— 

5 ‘‘(I) a Federal education pro6 gram; 

7 ‘‘(II) a State health or education 

8 program administered by the State or 

9 local educational agency (other than a 

10 program carried out under title XIX 

11 or XXI of the Social Security Act (42 

12 U.S.C. 1396 et seq.; 42 U.S.C. 

13 1397aa et seq.)); or 

14 ‘‘(III) a Federal, State, or local 

15 means-tested nutrition program with 

16 eligibility standards comparable to the 

17 program under this section; 

18 ‘‘(iii)(I) the Comptroller General of 

19 the United States for audit and examina20 tion authorized by any other provision of 

21 law; and 

22 ‘‘(II) notwithstanding any other provi23 sion of law, a Federal, State, or local law 

24 enforcement official for the purpose of in25 vestigating an alleged violation of any pro-
18

•S 2507 RS 

1 gram covered by this paragraph or para2 graph (3)(F), (4), or (5);

3 ‘‘(iv) a person directly connected with 

4 the administration of the State medicaid 

5 program under title XIX of the Social Se6 curity Act (42 U.S.C. 1396 et seq.) or the 

7 State children’s health insurance program 

8 under title XXI of that Act (42 U.S.C. 

9 1397aa et seq.) solely for the purposes 

10 of—

11 ‘‘(I) identifying children eligible 

12 for benefits under, and enrolling chil13 dren in, those programs, except that 

14 this subclause shall apply only to the 

15 extent that the State and the school 

16 food authority so elect; and 

17 ‘‘(II) verifying the eligibility of 

18 children for programs under this Act 

19 or the Child Nutrition Act of 1966 

20 (42 U.S.C. 1771 et seq.); and 

21 ‘‘(v) a third party contractor de22 scribed in paragraph (3)(G)(iv). 

23 ‘‘(B) LIMITATION ON INFORMATION PRO24 VIDED.—Information provided under clause (ii) 

25 or (v) of subparagraph (A) shall be limited to 
19

•S 2507 RS 

1 the income eligibility status of the child for 

2 whom application for free or reduced price meal 

3 benefits is made or for whom eligibility infor4 mation is provided under paragraph (3)(F), (4), 

5 or (5), unless the consent of the parent or 

6 guardian of the child for whom application for 

7 benefits was made is obtained. 

8 ‘‘(C) CRIMINAL PENALTY.—A person de9 scribed in subparagraph (A) who publishes, di10 vulges, discloses, or makes known in any man11 ner, or to any extent not authorized by Federal 

12 law (including a regulation), any information 

13 obtained under this subsection shall be fined 

14 not more than $1,000 or imprisoned not more 

15 than 1 year, or both. 

16 ‘‘(D) REQUIREMENTS FOR WAIVER OF

17 CONFIDENTIALITY.—A State that elects to exer18 cise the option described in subparagraph 

19 (A)(iv) shall ensure that any school food au20 thority acting in accordance with that option— 

21 ‘‘(i) has a written agreement with 1 or 

22 more State or local agencies administering 

23 health programs for children under titles 

24 XIX and XXI of the Social Security Act 

25 (42 U.S.C. 1396 et seq. and 1397aa et 
20

•S 2507 RS 

1 seq.) that requires the health agencies to 

2 use the information obtained under sub3 paragraph (A) to seek to enroll children in 

4 those health programs; and 

5 ‘‘(ii)(I) notifies each household, the 

6 information of which shall be disclosed 

7 under subparagraph (A), that the informa8 tion disclosed will be used only to enroll 

9 children in health programs referred to in 

10 subparagraph (A)(iv); and 

11 ‘‘(II) provides each parent or guard12 ian of a child in the household with an op13 portunity to elect not to have the informa14 tion disclosed. 

15 ‘‘(E) USE OF DISCLOSED INFORMATION.—

16 A person to which information is disclosed 

17 under subparagraph (A)(iv) shall use or disclose 

18 the information only as necessary for the pur19 pose of enrolling children in health programs 

20 referred to in subparagraph (A)(iv). 

21 ‘‘(7) FREE AND REDUCED PRICE POLICY

22 STATEMENT.— 

23 ‘‘(A) IN GENERAL.—After the initial sub24 mission, a school food authority shall not be re25 quired to submit a free and reduced price policy 
21

•S 2507 RS 

1 statement to a State educational agency under 

2 this Act unless there is a substantive change in 

3 the free and reduced price policy of the school 

4 food authority. 

5 ‘‘(B) ROUTINE CHANGE.—A routine 

6 change in the policy of a school food authority 

7 (such as an annual adjustment of the income 

8 eligibility guidelines for free and reduced price 

9 meals) shall not be sufficient cause for requir10 ing the school food authority to submit a policy 

11 statement. 

12 ‘‘(8) COMMUNICATIONS.—

13 ‘‘(A) IN GENERAL.—Any communication 

14 with a household under this subsection or sub15 section (d) shall be in an understandable and 

16 uniform format and, to the extent practicable, 

17 in a language that parents and legal guardians 

18 can understand. 

19 ‘‘(B) ELECTRONIC AVAILABILITY.—In ad20 dition to the distribution of applications and de21 scriptive material in paper form as provided for 

22 in this paragraph, the applications and material 

23 may be made available electronically via the 

24 Internet.’’. 
22

•S 2507 RS 

1 (2) AGREEMENT FOR DIRECT CERTIFICATION

2 AND COOPERATION.—Section 11 of the Food Stamp 

3 Act of 1977 (7 U.S.C. 2020) is amended by adding 

4 at the end the following: 

5 ‘‘(u) AGREEMENT FOR DIRECT CERTIFICATION AND

6 COOPERATION.— 

7 ‘‘(1) IN GENERAL.—Each State agency shall 

8 enter into an agreement with the State agency ad9 ministering the school lunch program established 

10 under the Richard B. Russell National School Lunch 

11 Act (42 U.S.C. 1751 et seq.). 

12 ‘‘(2) CONTENTS.—The agreement shall estab13 lish procedures that ensure that— 

14 ‘‘(A) any child receiving benefits under this 

15 Act shall be certified as eligible for free lunches 

16 under the Richard B. Russell National School 

17 Lunch Act (42 U.S.C. 1751 et seq.) and free 

18 breakfasts under the Child Nutrition Act of 

19 1966 (42 U.S.C. 1771 et seq.), without further 

20 application; and 

21 ‘‘(B) each State agency shall cooperate in 

22 carrying out paragraphs (3)(F) and (4) of sec23 tion 9(b) of the Richard B. Russell National 

24 School Lunch Act (42 U.S.C. 1758(b)).’’. 

25 (c) FUNDING.— 
23

•S 2507 RS 

1 (1) IN GENERAL.—On October 1, 2005, out of 

2 any funds in the Treasury not otherwise appro3 priated, the Secretary of the Treasury shall transfer 

4 to the Secretary of Agriculture to assist States in 

5 carrying out the amendments contained in this sec6 tion and the provisions of section 9(b)(3) of the 

7 Richard B. Russell National School Lunch Act (as 

8 amended by section 105(a)) $9,000,000, to remain 

9 available until expended. 

10 (2) RECEIPT AND ACCEPTANCE.—The Sec11 retary shall be entitled to receive, shall accept, and 

12 shall use to assist States in carrying out the amend13 ments made by this section and the provisions of 

14 section 9(b)(3) of the Richard B. Russell National 

15 School Lunch Act (as amended by section 105(a)) 

16 the funds transferred under paragraph (1), without 

17 further appropriation. 

18 (d) CONFORMING AMENDMENTS.— 

19 (1) Effective July 1, 2008, paragraph (5) of 

20 section 9(b) of the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1758(b)) (as added by 

22 subsection (b)(1)) is amended— 

23 (A) by striking subparagraph (B); 
24

•S 2507 RS 

1 (B) by striking ‘‘CERTIFICATION.—’’ and 

2 all that follows through ‘‘IN GENERAL.—’’ and 

3 inserting ‘‘CERTIFICATION.—’’; and

4 (C) by redesignating clauses (i) through 

5 (iv) as subparagraphs (A) through (D), respec6 tively, and indenting appropriately. 

7 (2) Section 9 of the Richard B. Russell Na8 tional School Lunch Act (42 U.S.C. 1758) (as 

9 amended by subsection (a)(1)) is amended— 

10 (A) in subsection (b)(12)(B), by striking 

11 ‘‘paragraph (2)(C)’’ and inserting ‘‘this sub12 section’’; and 

13 (B) in the second sentence of subsection 

14 (d)(1), by striking ‘‘subsection (b)(2)(C)’’ and 

15 inserting ‘‘subsection (b)(3)(G)’’. 

16 (3) Section 11(e) of the Richard B. Russell Na17 tional School Lunch Act (42 U.S.C. 1759a(e)) is 

18 amended in the first sentence by striking ‘‘section 

19 9(b)(3)’’ and inserting ‘‘section 9(b)(9)’’. 

20 SEC. 105. HOUSEHOLD APPLICATIONS. 

21 (a) IN GENERAL.—Section 9(b) of the Richard B. 

22 Russell National School Lunch Act (42 U.S.C. 1758(b)) 

23 (as amended by section 104(a)) is amended by striking 

24 paragraph (3) and inserting the following: 

25 ‘‘(3) HOUSEHOLD APPLICATIONS.— 
25

•S 2507 RS 

1 ‘‘(A) DEFINITION OF HOUSEHOLD APPLI2 CATION.—In this paragraph, the term ‘house3 hold application’ means an application for a 

4 child of a household to receive free or reduced 

5 price school lunches under this Act, or school 

6 breakfasts under the Child Nutrition Act of 

7 1966 (42 U.S.C. 1771 et seq.), for which an eli8 gibility determination is made other than under 

9 paragraph (4) or (5). 

10 ‘‘(B) ELIGIBILITY DETERMINATION.—

11 ‘‘(i) IN GENERAL.—An eligibility de12 termination shall be made on the basis of 

13 a complete household application executed 

14 by an adult member of the household or in 

15 accordance with guidance issued by the 

16 Secretary. 

17 ‘‘(ii) ELECTRONIC SIGNATURES AND

18 APPLICATIONS.—A household application 

19 may be executed using an electronic signa20 ture if—

21 ‘‘(I) the application is submitted 

22 electronically; and 

23 ‘‘(II) the electronic application 

24 filing system meets confidentiality 
26

•S 2507 RS 

1 standards established by the Sec2 retary. 

3 ‘‘(C) CHILDREN IN HOUSEHOLD.— 

4 ‘‘(i) IN GENERAL.—The household ap5 plication shall identify the names of each 

6 child in the household for whom meal ben7 efits are requested. 

8 ‘‘(ii) SEPARATE APPLICATIONS.—A 

9 State educational agency or school food au10 thority may not request a separate applica11 tion for each child in the household that 

12 attends schools under the same school food 

13 authority. 

14 ‘‘(D) VERIFICATION OF SAMPLE.— 

15 ‘‘(i) DEFINITIONS.—In this subpara16 graph: 

17 ‘‘(I) ERROR PRONE APPLICA18 TION.—The term ‘error prone applica19 tion’ means an approved household 

20 application that—

21 ‘‘(aa) indicates monthly in22 come that is within $100, or an 

23 annual income that is within 

24 $1,200, of the income eligibility 
27

•S 2507 RS 

1 limitation for free or reduced 

2 price meals; or 

3 ‘‘(bb) in lieu of the criteria 

4 established under item (aa), 

5 meets criteria established by the 

6 Secretary. 

7 ‘‘(II) NON-RESPONSE RATE.—

8 The term ‘non-response rate’ means 

9 (in accordance with guidelines estab10 lished by the Secretary) the percent11 age of approved household applica12 tions for which verification informa13 tion has not been obtained by a school 

14 food authority after attempted 

15 verification under subparagraphs (F) 

16 and (G). 

17 ‘‘(ii) VERIFICATION OF SAMPLE.—

18 Each school year, a school food authority 

19 shall verify eligibility of the children in a 

20 sample of household applications approved 

21 for the school year by the school food au22 thority, as determined by the Secretary in 

23 accordance with this subsection. 

24 ‘‘(iii) SAMPLE SIZE.—Except as other25 wise provided in this paragraph, the sam-
28

•S 2507 RS 

1 ple for a school food authority for a school 

2 year shall equal the lesser of— 

3 ‘‘(I) 3 percent of all applications 

4 approved by the school food authority 

5 for the school year, as of October 1 of 

6 the school year, selected from error 

7 prone applications; or 

8 ‘‘(II) 3,000 error prone applica9 tions approved by the school food au10 thority for the school year, as of Octo11 ber 1 of the school year. 

12 ‘‘(iv) ALTERNATIVE SAMPLE SIZE.—

13 ‘‘(I) IN GENERAL.—If the condi14 tions described in subclause (IV) are 

15 met, the verification sample size for a 

16 school food authority shall be the 

17 sample size described in subclause (II) 

18 or (III), as determined by the school 

19 food authority. 

20 ‘‘(II) 3,000/3 PERCENT OP21 TION.—The sample size described in 

22 this subclause shall be the lesser of 

23 3,000, or 3 percent of, applications 

24 selected at random from applications 

25 approved by the school food authority 
29

•S 2507 RS 

1 for the school year, as of October 1 of 

2 the school year. 

3 ‘‘(III) 1,000/1 PERCENT PLUS

4 OPTION.—

5 ‘‘(aa) IN GENERAL.—The 

6 sample size described in this sub7 clause shall be the sum of—

8 ‘‘(AA) the lesser of 

9 1,000, or 1 percent of, all 

10 applications approved by the 

11 school food authority for the 

12 school year, as of October 1 

13 of the school year, selected 

14 from error prone applica15 tions; and 

16 ‘‘(BB) the lesser of 

500, or 1 17 ⁄2 of 1 percent of, 

18 applications approved by the 

19 school food authority for the 

20 school year, as of October 1 

21 of the school year, that pro22 vide a case number (in lieu 

23 of income information) 

24 showing participation in a 

25 program described in item 
30

•S 2507 RS 

1 (bb) selected from those ap2 proved applications that pro3 vide a case number (in lieu

4 of income information) 

5 verifying the participation. 

6 ‘‘(bb) PROGRAMS.—The pro7 grams described in this item 

8 are—

9 ‘‘(AA) the food stamp 

10 program established under 

11 the Food Stamp Act of 1977 

12 (7 U.S.C. 2011 et seq.); 

13 ‘‘(BB) the food dis14 tribution program on Indian 

15 reservations established 

16 under section 4(b) of the 

17 Food Stamp Act of 1977 (7 

18 U.S.C. 2013(b)); and 

19 ‘‘(CC) a State program 

20 funded under the program 

21 of block grants to States for 

22 temporary assistance for 

23 needy families established 

24 under part A of title IV of 

25 the Social Security Act (42 
31

•S 2507 RS 

1 U.S.C. 601 et seq.) that the 

2 Secretary determines com3 plies with standards estab4 lished by the Secretary that 

5 ensure that the standards 

6 under the State program are 

7 comparable to or more re8 strictive than those in effect 

9 on June 1, 1995. 

10 ‘‘(IV) CONDITIONS.—The condi11 tions referred to in subclause (I) shall 

12 be met for a school food authority for 

13 a school year if—

14 ‘‘(aa) the nonresponse rate 

15 for the school food authority for 

16 the preceding school year is less 

17 than 20 percent; or 

18 ‘‘(bb) the school food au19 thority has more than 20,000 

20 children approved by application 

21 by the school food authority as 

22 eligible for free or reduced price 

23 meals for the school year, as of 

24 October 1 of the school year, 

25 and—
32

•S 2507 RS 

1 ‘‘(AA) the nonresponse 

2 rate for the preceding school 

3 year is at least 10 percent 

4 below the nonresponse rate 

5 for the second preceding 

6 school year; or 

7 ‘‘(BB) in the case of 

8 the school year beginning 

9 July 2005, the school food 

10 authority attempts to verify 

11 all approved household ap12 plications selected for 

13 verification through use of 

14 public agency records from 

15 at least 2 of the programs 

16 or sources of information de17 scribed in subparagraph 

18 (F)(i). 

19 ‘‘(v) ADDITIONAL SELECTED APPLICA20 TIONS.—A sample for a school food au21 thority for a school year under clauses (iii) 

22 and (iv)(III) shall include the number of 

23 additional randomly selected approved 

24 household applications that are required to 
33

•S 2507 RS 

1 comply with the sample size requirements 

2 in those clauses. 

3 ‘‘(E) PRELIMINARY REVIEW.— 

4 ‘‘(i) IN GENERAL.—Prior to con5 ducting any other verification activity for 

6 approved household applications selected 

7 for verification, the school food authority 

8 shall ensure that the initial eligibility de9 termination for each approved household 

10 application is reviewed for accuracy by an 

11 individual other than the individual making 

12 the initial eligibility determination, unless 

13 otherwise determined by the Secretary. 

14 ‘‘(ii) CORRECT ELIGIBILITY DETER15 MINATION.—If the review indicates that 

16 the initial eligibility determination is cor17 rect, the school food authority shall verify 

18 the approved household application. 

19 ‘‘(iii) INCORRECT ELIGIBILITY DETER20 MINATION.—If the review indicates that 

21 the initial eligibility determination is incor22 rect, the school food authority shall (as de23 termined by the Secretary)— 

24 ‘‘(I) correct the eligibility status 

25 of the household; 
34

•S 2507 RS 

1 ‘‘(II) notify the household of the 

2 change; 

3 ‘‘(III) in any case in which the 

4 review indicates that the household is 

5 not eligible for free or reduced-price 

6 meals, notify the household of the rea7 son for the ineligibility and that the 

8 household may reapply with income 

9 documentation for free or reduced10 price meals; and 

11 ‘‘(IV) in any case in which the 

12 review indicates that the household is 

13 eligible for free or reduced-price 

14 meals, verify the approved household 

15 application. 

16 ‘‘(F) DIRECT VERIFICATION.— 

17 ‘‘(i) IN GENERAL.—Subject to clauses 

18 (ii) and (iii), to verify eligibility for free or 

19 reduced price meals for approved house20 hold applications selected for verification, 

21 the school food authority may (in accord22 ance with criteria established by the Sec23 retary) first obtain and use income and 

24 program participation information from a 

25 public agency administering— 
35

•S 2507 RS 

1 ‘‘(I) the food stamp program es2 tablished under the Food Stamp Act 

3 of 1977 (7 U.S.C. 2011 et seq.); 

4 ‘‘(II) the food distribution pro5 gram on Indian reservations estab6 lished under section 4(b) of the Food 

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

8 2013(b)); 

9 ‘‘(III) the temporary assistance 

10 for needy families program funded 

11 under part A of title IV of the Social 

12 Security Act (42 U.S.C. 601 et seq.); 

13 ‘‘(IV) the State medicaid pro14 gram under title XIX of the Social 

15 Security Act (42 U.S.C. 1396 et seq.); 

16 or 

17 ‘‘(V) a similar income-tested pro18 gram or other source of information, 

19 as determined by the Secretary. 

20 ‘‘(ii) FREE MEALS.—Public agency 

21 records that may be obtained and used 

22 under clause (i) to verify eligibility for free 

23 meals for approved household applications 

24 selected for verification shall include the 

25 most recent available information (other
36

•S 2507 RS 

1 than information reflecting program par2 ticipation or income before the 180-day pe3 riod ending on the date of application for 

4 free meals) that is relied on to admin5 ister— 

6 ‘‘(I) a program or source of in7 formation described in clause (i) 

8 (other than clause (i)(IV)); or 

9 ‘‘(II) the State plan for medical 

10 assistance under title XIX of the So11 cial Security Act (42 U.S.C. 1396 et 

12 seq.) in— 

13 ‘‘(aa) a State in which the 

14 income eligibility limit applied 

15 under section 1902(l)(2)(C) of 

16 that Act (42 U.S.C. 

17 1396a(l)(2)(C)) is not more than 

18 133 percent of the income official 

19 poverty line described in section 

20 1902(l)(2)(A) of that Act (42 

21 U.S.C. 1396a(l)(2)(A)); or 

22 ‘‘(bb) a State that otherwise 

23 identifies households that have 

24 income that is not more than 133 

25 percent of the income official 
37

•S 2507 RS 

1 poverty line described in section 

2 1902(l)(2)(A) of that Act (42 

3 U.S.C. 1396a(l)(2)(A)). 

4 ‘‘(iii) REDUCED PRICE MEALS.—Pub5 lic agency records that may be obtained 

6 and used under clause (i) to verify eligi7 bility for reduced price meals for approved 

8 household applications selected for 

9 verification shall include the most recent 

10 available information (other than informa11 tion reflecting program participation or in12 come before the 180-day period ending on 

13 the date of application for reduced price 

14 meals) that is relied to administer— 

15 ‘‘(I) a program or source of in16 formation described in clause (i) 

17 (other than clause (i)(IV)); or 

18 ‘‘(II) the State plan for medical 

19 assistance under title XIX of the So20 cial Security Act (42 U.S.C. 1396 et 

21 seq.) in— 

22 ‘‘(aa) a State in which the 

23 income eligibility limit applied 

24 under section 1902(l)(2)(C) of 

25 that Act (42 U.S.C. 
38

•S 2507 RS 

1 1396a(l)(2)(C)) is not more than 

2 185 percent of the income official 

3 poverty line described in section 

4 1902(l)(2)(A) of that Act (42 

5 U.S.C. 1396a(l)(2)(A)); or 

6 ‘‘(bb) a State that otherwise 

7 identifies households that have 

8 income that is not more than 185 

9 percent of the income official 

10 poverty line described in section 

11 1902(l)(2)(A) of that Act (42 

12 U.S.C. 1396a(l)(2)(A)). 

13 ‘‘(iv) EVALUATION.—Not later than 3 

14 years after the date of implementation of 

15 this subparagraph, the Secretary shall 

16 complete an evaluation of— 

17 ‘‘(I) the effectiveness of direct 

18 verification carried out under this 

19 subparagraph in decreasing the por20 tion of the verification sample that 

21 must be verified under subparagraph 

22 (G) while ensuring that adequate 

23 verification information is obtained; 

24 and 
39

•S 2507 RS 

1 ‘‘(II) the feasibility of direct 

2 verification by State agencies and 

3 school food authorities. 

4 ‘‘(v) EXPANDED USE OF DIRECT

5 VERIFICATION.—If the Secretary deter6 mines that direct verification significantly 

7 decreases the portion of the verification 

8 sample that must be verified under sub9 paragraph (G) while ensuring that ade10 quate verification information is obtained 

11 and can be conducted by most State agen12 cies and school food authorities, the Sec13 retary may require a State agency or 

14 school food authority to implement direct 

15 verification through 1 or more of the pro16 grams described in clause (i), as deter17 mined by the Secretary, unless the State 

18 agency or school food authority dem19 onstrates (under criteria established by the 

20 Secretary) that the State agency or school 

21 food authority lacks the capacity to con22 duct, or is unable to implement, direct 

23 verification. 

24 ‘‘(G) HOUSEHOLD VERIFICATION.— 
40

•S 2507 RS 

1 ‘‘(i) IN GENERAL.—If an approved 

2 household application is not verified 

3 through the use of public agency records, 

4 a school food authority shall provide to the 

5 household written notice that— 

6 ‘‘(I) the approved household ap7 plication has been selected for 

8 verification; and 

9 ‘‘(II) the household is required to 

10 submit verification information to con11 firm eligibility for free or reduced 

12 price meals. 

13 ‘‘(ii) PHONE NUMBER.—The written 

14 notice in clause (i) shall include a toll-free 

15 phone number that parents and legal 

16 guardians in households selected for 

17 verification can call for assistance with the 

18 verification process. 

19 ‘‘(iii) FOLLOWUP ACTIVITIES.—If a 

20 household does not respond to a 

21 verification request, a school food authority 

22 shall make at least 1 attempt to obtain the 

23 necessary verification from the household 

24 in accordance with guidelines and regula25 tions promulgated by the Secretary. 
41

•S 2507 RS 

1 ‘‘(iv) CONTRACT AUTHORITY FOR

2 SCHOOL FOOD AUTHORITIES.—A school 

3 food authority may contract (under stand4 ards established by the Secretary) with a 

5 third party to assist the school food au6 thority in carrying out clause (iii). 

7 ‘‘(H) VERIFICATION DEADLINE.— 

8 ‘‘(i) IN GENERAL.—Not later than 

9 November 15 of each school year, a school 

10 food authority shall complete the 

11 verification activities required for the 

12 school year (including followup activities). 

13 ‘‘(ii) ELIGIBILITY CHANGES.—Based 

14 on the verification activities, the school 

15 food authority shall make appropriate 

16 modifications to the eligibility determina17 tions made for household applications in 

18 accordance with criteria established by the 

19 Secretary. 

20 ‘‘(I) LOCAL CONDITIONS.—In the case of a 

21 natural disaster, civil disorder, strike, or other 

22 local condition (as determined by the Sec23 retary), the Secretary may substitute alter24 natives for—
42

•S 2507 RS 

1 ‘‘(i) the sample size and sample selec2 tion criteria established under subpara3 graph (D); and 

4 ‘‘(ii) the verification deadline estab5 lished under subparagraph (H). 

6 ‘‘(J) INDIVIDUAL REVIEW.—In accordance 

7 with criteria established by the Secretary, the 

8 school food authority may, on individual re9 view— 

10 ‘‘(i) decline to verify no more than 5 

11 percent of approved household applications 

12 selected under subparagraph (D); and 

13 ‘‘(ii) replace the approved household 

14 applications with other approved household 

15 applications to be verified. 

16 ‘‘(K) FEASIBILITY STUDY.—

17 ‘‘(i) IN GENERAL.—The Secretary 

18 shall conduct a study of the feasibility of 

19 using computer technology (including data 

20 mining) to reduce—

21 ‘‘(I) overcertification errors in 

22 the school lunch program under this 

23 Act; 

24 ‘‘(II) waste, fraud, and abuse in 

25 connection with this paragraph; and 
43

•S 2507 RS 

1 ‘‘(III) errors, waste, fraud, and 

2 abuse in other nutrition programs, as 

3 determined to be appropriate by the 

4 Secretary. 

5 ‘‘(ii) REPORT.—Not later than 180 

6 days after the date of enactment of this 

7 paragraph, the Secretary shall submit to 

8 the Committee on Education and the 

9 Workforce of the House of Representatives 

10 and the Committee on Agriculture, Nutri11 tion, and Forestry of the Senate a report 

12 describing—

13 ‘‘(I) the results of the feasibility 

14 study conducted under this sub15 section; 

16 ‘‘(II) how a computer system 

17 using technology described in clause 

18 (i) could be implemented; 

19 ‘‘(III) a plan for implementation; 

20 and 

21 ‘‘(IV) proposed legislation, if nec22 essary, to implement the system.’’. 

23 (b) EVALUATION FUNDING.— 

24 (1) IN GENERAL.—On October 1, 2005, out of 

25 any funds in the Treasury not otherwise appro-
44

•S 2507 RS 

1 priated, the Secretary of the Treasury shall transfer 

2 to the Secretary of Agriculture to conduct the eval3 uation required by section 9(b)(3)(F)(iv) of the 

4 Richard B. Russell National School Lunch Act (as 

5 amended by subsection (a)) $2,000,000, to remain 

6 available until expended. 

7 (2) RECEIPT AND ACCEPTANCE.—The Sec8 retary of Agriculture shall be entitled to receive, 

9 shall accept, and shall use to carry out this section 

10 the funds transferred under paragraph (1), without 

11 further appropriation. 

12 SEC. 106. DURATION OF ELIGIBILITY FOR FREE OR RE13 DUCED PRICE MEALS. 

14 Paragraph (9) of section 9(b) of the Richard B. Rus15 sell National School Lunch Act (42 U.S.C.1758(b)) (as 

16 amended by section 104(a)(1)) is amended— 

17 (1) by striking ‘‘(9) Any’’ and inserting the fol18 lowing: 

19 ‘‘(9) ELIGIBILITY FOR FREE AND REDUCED

20 PRICE LUNCHES.— 

21 ‘‘(A) FREE LUNCHES.—Any’’; 

22 (2) by striking ‘‘Any’’ in the second sentence 

23 and inserting the following: 

24 ‘‘(B) REDUCED PRICE LUNCHES.— 

25 ‘‘(i) IN GENERAL.—Any’’; 
45

•S 2507 RS 

1 (3) by striking ‘‘The’’ in the last sentence and 

2 inserting the following: 

3 ‘‘(ii) MAXIMUM PRICE.—The’’; and 

4 (4) by adding at the end the following: 

5 ‘‘(C) DURATION.—Except as otherwise 

6 specified in paragraph (3)(E), (3)(H)(ii), and 

7 section 11(a), eligibility for free or reduced 

8 price meals for any school year shall remain in 

9 effect— 

10 ‘‘(i) beginning on the date of eligi11 bility approval for the current school year; 

12 and 

13 ‘‘(ii) ending on a date during the sub14 sequent school year determined by the Sec15 retary.’’. 

16 SEC. 107. RUNAWAY, HOMELESS, AND MIGRANT YOUTH. 

17 (a) CATEGORICAL ELIGIBILITY FOR FREE LUNCHES

18 AND BREAKFASTS.—Section 9(b)(12)(A) of the Richard 

19 B. Russell National School Lunch Act (as redesignated 

20 by section 104(a)(1) of this Act) is amended— 

21 (1) in clause (ii), by striking ‘‘or’’ at the end; 

22 (2) in clause (iii), by striking the period at the 

23 end and inserting a semicolon; and 

24 (3) by adding at the end the following: 
46

•S 2507 RS 

1 ‘‘(iv) a homeless child or youth (defined as 

2 1 of the individuals described in section 725(2) 

3 of the McKinney-Vento Homeless Assistance 

4 Act (42 U.S.C. 11434a(2)); 

5 ‘‘(v) served by the runaway and homeless 

6 youth grant program established under the 

7 Runaway and Homeless Youth Act (42 U.S.C. 

8 5701 et seq.); or 

9 ‘‘(vi) a migratory child (as defined in sec10 tion 1309 of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 6399)).’’. 

12 (b) DOCUMENTATION.—Section 9(d)(2) of the Rich13 ard B. Russell National School Lunch Act (42 U.S.C. 

14 1758(d)(2)) is amended—

15 (1) in subparagraph (B), by striking ‘‘or’’; 

16 (2) in subparagraph (C), by striking the period 

17 at the end and inserting a semicolon; and 

18 (3) by inserting after subparagraph (C) the fol19 lowing: 

20 ‘‘(D) documentation has been provided to the 

21 appropriate school food authority showing that the 

22 child meets the criteria specified in clauses (iv) or 

23 (v) of subsection (b)(12)(A); or 

24 ‘‘(E) documentation has been provided to the 

25 appropriate school food authority showing the status
47

•S 2507 RS 

1 of the child as a migratory child (as defined in sec2 tion 1309 of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 6399)).’’. 

4 SEC. 108. EXCLUSION OF MILITARY HOUSING ALLOW5 ANCES. 

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

7 School Lunch Act (42 U.S.C. 1758(b)) (as amended by 

8 section 104(a)(1)) is amended in paragraph (13) by strik9 ing ‘‘For each of fiscal years 2002 and 2003 and through 

10 June 30, 2004, the’’ and inserting ‘‘The’’. 

11 SEC. 109. WAIVER OF REQUIREMENT FOR WEIGHTED AVER12 AGES FOR NUTRIENT ANALYSIS. 

13 Section 9(f)(5) of the Richard B. Russell National 

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

15 striking ‘‘September 30, 2003’’ and inserting ‘‘September 

16 30, 2008’’. 

17 SEC. 110. SCHOOL FOOD SAFETY PROGRAMS. 

18 Section 9(h) of the Richard B. Russell National 

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

20 (1) in the subsection heading, by striking ‘‘IN21 SPECTIONS’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(3) SCHOOL FOOD SAFETY PROGRAM.—Each 

24 school food authority shall implement a school food 

25 safety program, in the preparation and service of 
48

•S 2507 RS 

1 each meal served to children, that complies with a 

2 hazard analysis and critical control point system es3 tablished by the Secretary.’’. 

4 SEC. 111. PURCHASES OF LOCALLY PRODUCED FOODS. 

5 Section 9(j)(2)(A) of the Richard B. Russell National 

6 School Lunch Act (42 U.S.C. 1758(j)(2)(A)) is amended 

7 by striking ‘‘2007’’ and inserting ‘‘2008’’. 

8 SEC. 112. SPECIAL ASSISTANCE. 

9 Section 11(a)(1) of the Richard B. Russell National 

10 School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by 

11 inserting ‘‘or school district’’ after ‘‘school’’ each place it 

12 appears in subparagraphs (C) through (E) (other than as 

13 part of ‘‘school year’’, ‘‘school years’’, ‘‘school lunch’’, 

14 ‘‘school breakfast’’, and ‘‘4-school-year period’’). 

15 SEC. 113. FOOD AND NUTRITION PROJECTS INTEGRATED 

16 WITH ELEMENTARY SCHOOL CURRICULA. 

17 Section 12 of the Richard B. Russell National School 

18 Lunch Act (42 U.S.C. 1760) is amended by striking sub19 section (m). 

20 SEC. 114. PROCUREMENT TRAINING. 

21 Section 12 of the Richard B. Russell National School 

22 Lunch Act (42 U.S.C. 1760) (as amended by section 113) 

23 is amended by inserting after subsection (l) the following: 

24 ‘‘(m) PROCUREMENT TRAINING.— 
49

•S 2507 RS 

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

2 of appropriations under paragraph (3), the Secretary 

3 shall provide technical assistance and training to 

4 States, State agencies, schools, and school food au5 thorities in the procurement of goods and services 

6 for programs under this Act or the Child Nutrition 

7 Act of 1966 (42 U.S.C. 1771 et seq.) (other than 

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

9 ‘‘(2) BUY AMERICAN TRAINING.—Activities car10 ried out under paragraph (1) shall include technical 

11 assistance and training to ensure compliance with 

12 subsection (n). 

13 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

14 There is authorized to be appropriated to carry out 

15 this subsection $1,000,000 for each of fiscal years 

16 2005 through 2008, to remain available until ex17 pended.’’. 

18 SEC. 115. SUMMER FOOD SERVICE PROGRAM FOR CHIL19 DREN. 

20 (a) SEAMLESS SUMMER OPTION.—Section 13(a) of 

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

22 U.S.C. 1761(a)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(8) SEAMLESS SUMMER OPTION.—Except as 

25 otherwise determined by the Secretary, a service in-
50

•S 2507 RS 

1 stitution that is a public or private nonprofit school 

2 food authority may provide summer or school vaca3 tion food service in accordance with applicable provi4 sions of law governing the school lunch program es5 tablished under this Act or the school breakfast pro6 gram established under the Child Nutrition Act of 

7 1966 (42 U.S.C. 1771 et seq.).’’. 

8 (b) SEAMLESS SUMMER REIMBURSEMENTS.—Sec9 tion 13(b)(1) of the Richard B. Russell National School 

10 Lunch Act (42 U.S.C. 1761(b)(1)) is amended by adding 

11 at the end the following: 

12 ‘‘(D) SEAMLESS SUMMER REIMBURSE13 MENTS.—A service institution described in sub14 section (a)(8) shall be reimbursed for meals and 

15 meal supplements in accordance with the appli16 cable provisions under this Act (other than sub17 paragraphs (A), (B), and (C) of this paragraph 

18 and paragraph (4)) and the Child Nutrition Act 

19 of 1966 (42 U.S.C. 1771 et seq.), as deter20 mined by the Secretary.’’. 

21 (c) RURAL AREA ELIGIBILITY DEMONSTRATION FOR

22 SUMMER FOOD SERVICE.—Section 13 of the Richard B. 

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

24 amended by inserting after subsection (h) the following: 
51

•S 2507 RS 

1 ‘‘(i) RURAL AREA ELIGIBILITY DEMONSTRATION

2 FOR SUMMER FOOD SERVICE.—

3 ‘‘(1) IN GENERAL.—For each of calendar years 

4 2005 and 2006, the Secretary shall carry out a dem5 onstration in rural areas of a State selected by the 

6 Secretary under which the threshold for determining 

7 ‘areas in which poor economic conditions exist’ 

8 under subsection (a)(1)(C) for the demonstration 

9 authorized by this section shall be 40 percent. 

10 ‘‘(2) EVALUATION.—

11 ‘‘(A) IN GENERAL.—The Secretary, acting 

12 through the Administrator of the Food and Nu13 trition Service, shall conduct an evaluation of 

14 the demonstration carried out under this sub15 section to assess the impact of the demonstra16 tion by comparing the areas operating under 

17 the demonstration to comparable areas not op18 erating under the demonstration. 

19 ‘‘(B) IMPACT.—The evaluation shall assess 

20 the impact of the demonstration on—

21 ‘‘(i) the number of sponsors offering 

22 meals through the summer food service 

23 program;
52

•S 2507 RS 

1 ‘‘(ii) the number of sites offering 

2 meals through the summer food service 

3 program; 

4 ‘‘(iii) the geographic location of the 

5 sites; 

6 ‘‘(iv) services provided to eligible chil7 dren; and 

8 ‘‘(v) other factors determined by the 

9 Secretary. 

10 ‘‘(C) REPORT.—Not later than January 1, 

11 2008, the Secretary shall submit to the Com12 mittee on Education and the Workforce of the 

13 House of Representatives and the Committee 

14 on Agriculture, Nutrition, and Forestry of the 

15 Senate a report describing the results of the 

16 evaluation of the demonstration under this sub17 section. 

18 ‘‘(D) FUNDING.— 

19 ‘‘(i) IN GENERAL.—On January 1, 

20 2005, out of any funds in the Treasury not 

21 otherwise appropriated, the Secretary of 

22 the Treasury shall transfer to the Sec23 retary of Agriculture to carry out this 

24 paragraph $400,000, to remain available 

25 until expended. 
53

•S 2507 RS 

1 ‘‘(ii) RECEIPT AND ACCEPTANCE.—

2 The Secretary shall be entitled to receive, 

3 shall accept, and shall use to carry out this 

4 paragraph the funds transferred under 

5 clause (i), without further appropriation.’’. 

6 (d) REAUTHORIZATION.—Section 13(q) of the Rich7 ard B. Russell National School Lunch Act (42 U.S.C. 

8 1761(q)) is amended by striking ‘‘June 30, 2004’’ and in9 serting ‘‘September 30, 2008’’. 

10 (e) SIMPLIFIED SUMMER FOOD PROGRAMS.—

11 (1) DEFINITION OF ELIGIBLE STATE.—Section 

12 18(f) of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1769(f)) is amended by strik14 ing paragraph (1) and inserting the following: 

15 ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this 

16 subsection, the term ‘eligible State’ means—

17 ‘‘(A) a State participating in the program 

18 under this subsection as of May 1, 2004; and 

19 ‘‘(B) a State in which (based on data 

20 available in April 2004)—

21 ‘‘(i) the percentage obtained by divid22 ing—

23 ‘‘(I) the sum of—

24 ‘‘(aa) the average daily num25 ber of children attending the 
54

•S 2507 RS 

1 summer food service program in 

2 the State in July 2003; and 

3 ‘‘(bb) the average daily 

4 number of children receiving free 

5 or reduced price meals under the 

6 school lunch program in the 

7 State in July 2003; by 

8 ‘‘(II) the average daily number of 

9 children receiving free or reduced 

10 price meals under the school lunch 

11 program in the State in March 2003; 

12 is less than 

13 ‘‘(ii) 66.67 percent of the percentage 

14 obtained by dividing—

15 ‘‘(I) the sum of—

16 ‘‘(aa) the average daily num17 ber of children attending the 

18 summer food service program in 

19 all States in July 2003; and 

20 ‘‘(bb) the average daily 

21 number of children receiving free 

22 or reduced price meals under the 

23 school lunch program in all 

24 States in July 2003; by 
55

•S 2507 RS 

1 ‘‘(II) the average daily number of 

2 children receiving free or reduced 

3 price meals under the school lunch 

4 program in all States in March 

5 2003.’’. 

6 (2) DURATION.—Section 18(f)(2) of the Rich7 ard B. Russell National School Lunch Act (42 

8 U.S.C. 1769(f)(2)) is amended by striking ‘‘During 

9 the period beginning October 1, 2000, and ending 

10 June 30, 2004, the’’ and inserting ‘‘The’’. 

11 (3) PRIVATE NONPROFIT ORGANIZATIONS.—

12 Section 18(f)(3) of the Richard B. Russell National 

13 School Lunch Act (42 U.S.C. 1769(f)(3)) is amend14 ed in subparagraphs (A) and (B) by striking ‘‘(other 

15 than a service institution described in section 

16 13(a)(7))’’ both places it appears. 

17 (4) REPORT.—Section 18(f) of the Richard B. 

18 Russell National School Lunch Act (42 U.S.C. 

19 1769(f)) is amended by striking paragraph (6) and 

20 inserting the following: 

21 ‘‘(6) REPORT.—Not later than April 30, 2007, 

22 the Secretary shall submit to the Committee on 

23 Education and the Workforce of the House of Rep24 resentatives and the Committee on Agriculture, Nu-
56

•S 2507 RS 

1 trition, and Forestry of the Senate a report that in2 cludes—

3 ‘‘(A) the evaluations completed by the Sec4 retary under paragraph (5); and 

5 ‘‘(B) any recommendations of the Sec6 retary concerning the programs.’’. 

7 (5) CONFORMING AMENDMENTS.—Section 18(f) 

8 of the Richard B. Russell National School Lunch 

9 Act (42 U.S.C. 1769(f)) is amended—

10 (A) by striking the subsection heading and 

11 inserting the following: 

12 ‘‘(f) SIMPLIFIED SUMMER FOOD PROGRAMS.—’’; 

13 (B) in paragraph (2)—

14 (i) by striking the paragraph heading 

15 and inserting the following: 

16 ‘‘(2) PROGRAMS.—’’; and 

17 (ii) by striking ‘‘pilot project’’ and in18 serting ‘‘program’’; 

19 (C) in subparagraph (A) and (B) of para20 graph (3), by striking ‘‘pilot project’’ both 

21 places it appears and inserting ‘‘program’’; and 

22 (D) in paragraph (5)—

23 (i) in the paragraph heading by strik24 ing ‘‘PILOT PROJECTS’’ and inserting 

25 ‘‘PROGRAMS’’; and
57

•S 2507 RS 

1 (ii) by striking ‘‘pilot project’’ each 

2 place it appears and inserting ‘‘program’’. 

3 SEC. 116. COMMODITY DISTRIBUTION PROGRAM. 

4 Section 14(a) of the Richard B. Russell National 

5 School Lunch Act (42 U.S.C. 1762a(a)) is amended by 

6 striking ‘‘, during the period beginning July 1, 1974, and 

7 ending June 30, 2004,’’. 

8 SEC. 117. CHILD AND ADULT CARE FOOD PROGRAM. 

9 (a) DEFINITION OF INSTITUTION.—

10 (1) IN GENERAL.—Section 17(a)(2)(B)(i) of the 

11 Richard B. Russell National School Lunch Act (42 

12 U.S.C. 1766(a)(2)(B)(i)) is amended by striking 

13 ‘‘during’’ and all that follows through ‘‘2004,’’. 

14 (2) CONFORMING AMENDMENT.—Section 17 of 

15 the Richard B. Russell National School Lunch Act 

16 (42 U.S.C. 1766) is amended by striking subsection 

17 (p). 

18 (b) DURATION OF DETERMINATION AS TIER I FAM19 ILY OR GROUP DAY CARE HOME.—Section 

20 17(f)(3)(E)(iii) of the Richard B. Russell National School 

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

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

23 (c) AUDITS.—Section 17(i) of the Richard B. Russell 

24 National School Lunch Act (42 U.S.C. 1766(i)) is amend25 ed by striking ‘‘(i) The’’ and inserting the following: 
58

•S 2507 RS 

1 ‘‘(i) AUDITS.— 

2 ‘‘(1) DISREGARDS.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), in conducting management evalua5 tions, reviews, or audits under this section, the 

6 Secretary or a State agency may disregard any 

7 overpayment to an institution for a fiscal year 

8 if the total overpayment to the institution for 

9 the fiscal year does not exceed an amount that 

10 is consistent with the disregards allowed in 

11 other programs under this Act and recognizes 

12 the cost of collecting small claims, as deter13 mined by the Secretary. 

14 ‘‘(B) CRIMINAL OR FRAUD VIOLATIONS.—

15 In carrying out this paragraph, the Secretary 

16 and a State agency shall not disregard any 

17 overpayment for which there is evidence of a 

18 violation of a criminal law or civil fraud law. 

19 ‘‘(2) FUNDING.—The’’. 

20 (d) DURATION OF AGREEMENTS.—Section 17(j) of 

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

22 U.S.C. 1766(j)) is amended— 

23 (1) by striking ‘‘(j) The’’ and inserting the fol24 lowing: 

25 ‘‘(j) AGREEMENTS.— 
59

•S 2507 RS 

1 ‘‘(1) IN GENERAL.—The’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(2) DURATION.—An agreement under para4 graph (1) shall remain in effect until terminated by 

5 either party to the agreement.’’. 

6 (e) RURAL AREA ELIGIBILITY DEMONSTRATION FOR

7 DAY CARE HOMES.—Section 17 of the Richard B. Russell 

8 National School Lunch Act (42 U.S.C. 1766) (as amended 

9 by subsection (a)(2)) is amended by inserting after sub10 section (o) the following: 

11 ‘‘(p) RURAL AREA ELIGIBILITY DEMONSTRATION

12 FOR DAY CARE HOMES.— 

13 ‘‘(1) DEFINITION OF DEMONSTRATION TIER I

14 FAMILY OR GROUP DAY CARE HOME.—In this sub15 section, the term ‘demonstration tier I family or 

16 group day care home’ means a family or group day 

17 home that meets the definition of tier I family or 

18 group day care home under subclause (I) of sub19 section (f)(3)(A)(ii) except that items (aa) and (bb) 

20 of that subclause shall be applied by substituting ‘40 

21 percent’ for ‘50 percent’. 

22 ‘‘(2) DEMONSTRATION.—For each of fiscal 

23 years 2006 and 2007, the Secretary shall conduct a 

24 demonstration in rural areas of a State selected by 

25 the Secretary under which demonstration tier I fam-
60

•S 2507 RS 

1 ily or group day care homes (as defined in para2 graph (1)) shall be provided reimbursement under 

3 subsection (f)(3) in the same manner as tier I family 

4 or group day care homes (as defined in subsection 

5 (f)(3)(A)(ii)(I)). 

6 ‘‘(3) EVALUATION.—

7 ‘‘(A) IN GENERAL.—The Secretary, acting 

8 through the Administrator of the Food and Nu9 trition Service, shall conduct an evaluation of 

10 the demonstration carried out under this sub11 section to assess the impact of the demonstra12 tion by comparing the areas operating under 

13 the demonstration to comparable areas not op14 erating under the demonstration. 

15 ‘‘(B) IMPACT.—The evaluation shall assess 

16 the impact of the demonstration on—

17 ‘‘(i) the number of family or group 

18 day care homes offering meals under this 

19 section; 

20 ‘‘(ii) the number of family or group 

21 day care homes offering meals under this 

22 section that are defined as tier I family or 

23 group day care homes as a result of the 

24 demonstration conducted under this sub25 section that otherwise would be defined as 
61

•S 2507 RS 

1 tier II family or group day care homes 

2 under subsection (f)(3)(A)(iii); 

3 ‘‘(iii) the geographic location of the 

4 family or group day care homes; 

5 ‘‘(iv) services provided to eligible chil6 dren; and 

7 ‘‘(v) other factors determined by the 

8 Secretary. 

9 ‘‘(C) REPORT.—Not later than March 31, 

10 2008, the Secretary shall submit to the Com11 mittee on Education and the Workforce of the 

12 House of Representatives and the Committee 

13 on Agriculture, Nutrition, and Forestry of the 

14 Senate a report describing the results of the 

15 evaluation of the demonstration under this sub16 section. 

17 ‘‘(D) FUNDING.— 

18 ‘‘(i) IN GENERAL.—On October 1, 

19 2005, out of any funds in the Treasury not 

20 otherwise appropriated, the Secretary of 

21 the Treasury shall transfer to the Sec22 retary of Agriculture to carry out this 

23 paragraph $400,000, to remain available 

24 until expended. 
62

•S 2507 RS 

1 ‘‘(ii) RECEIPT AND ACCEPTANCE.—

2 The Secretary shall be entitled to receive, 

3 shall accept, and shall use to carry out this 

4 paragraph the funds transferred under 

5 clause (i), without further appropriation.’’. 

6 (f) MANAGEMENT SUPPORT.—Section 17(q)(3) of the 

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

8 1766(q)(3)) is amended by striking ‘‘1999 through 2003’’ 

9 and inserting ‘‘2005 and 2006’’. 

10 (g) AGE LIMITS.—Section 17(t)(5)(A)(i) of the Rich11 ard B. Russell National School Lunch Act (42 U.S.C. 

12 1766(t)(5)(A)(i) is amended—

13 (1) in subclause (I)—

14 (A) by striking ‘‘12’’ and inserting ‘‘18’’; 

15 and 

16 (B) by inserting ‘‘or’’ after the semicolon; 

17 (2) by striking subclause (II); and 

18 (3) by redesignating subclause (III) as sub19 clause (II). 

20 (h) TECHNICAL AMENDMENTS.—Section 17 of the 

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

22 1766) is amended— 

23 (1) in subsection (a)(6)(B), by inserting ‘‘and 

24 adult’’ after ‘‘child’’; and 
63

•S 2507 RS 

1 (2) in subsection (t)(3), by striking ‘‘subsection 

2 (a)(1)’’ and inserting ‘‘subsection (a)(5)’’. 

3 (i) PAPERWORK REDUCTION.—The Secretary of Ag4 riculture, in conjunction with States and participating in5 stitutions, shall examine the feasibility of reducing paper6 work resulting from regulations and recordkeeping re7 quirements for State agencies, family child care homes, 

8 child care centers, and sponsoring organizations partici9 pating in the child and adult care food program estab10 lished under section 17 of the Richard B. Russell National 

11 School Lunch Act (42 U.S.C. 1766). 

12 SEC. 118. FRESH FRUIT AND VEGETABLE PROGRAM. 

13 Section 18 of the Richard B. Russell National School 

14 Lunch Act (42 U.S.C. 1769) is amended by striking sub15 section (g) and inserting the following: 

16 ‘‘(g) FRESH FRUIT AND VEGETABLE PROGRAM.— 

17 ‘‘(1) IN GENERAL.—For the school year begin18 ning July 2004 and each subsequent school year, the 

19 Secretary shall carry out a program to make free 

20 fresh fruits and vegetables available, to the max21 imum extent practicable, to— 

22 ‘‘(A) 25 elementary or secondary schools in 

23 each of the 4 States authorized to participate in 

24 the program under this subsection on May 1, 

25 2004; 
64

•S 2507 RS 

1 ‘‘(B) 25 elementary or secondary schools 

2 (as selected by the Secretary in accordance with 

3 paragraph (3)) in each of 4 States (including a 

4 State for which funds were allocated under the 

5 program described in paragraph (3)(B)(ii)) that 

6 are not participating in the program under this 

7 subsection on May 1, 2004; and 

8 ‘‘(C) 25 elementary or secondary schools 

9 operated on 3 Indian reservations (including the 

10 reservation authorized to participate in the pro11 gram under this subsection on May 1, 2004), as 

12 selected by the Secretary. 

13 ‘‘(2) PROGRAM.—A school participating in the 

14 program shall make free fresh fruits and vegetables 

15 available to students throughout the school day in 1 

16 or more areas designated by the school. 

17 ‘‘(3) SELECTION OF SCHOOLS.—

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

19 subparagraph (B), in selecting additional 

20 schools to participate in the program under 

21 paragraph (1)(B), the Secretary shall—

22 ‘‘(i) to the maximum extent prac23 ticable, ensure that the majority of schools 

24 selected are those in which not less than 
65

•S 2507 RS 

1 50 percent of students are eligible for free 

2 or reduced price meals under this Act; 

3 ‘‘(ii) solicit applications from inter4 ested schools that include—

5 ‘‘(I) information pertaining to 

6 the percentage of students enrolled in 

7 the school submitting the application 

8 who are eligible for free or reduced 

9 price school lunches under this Act; 

10 ‘‘(II) a certification of support 

11 for participation in the program 

12 signed by the school food manager, 

13 the school principal, and the district 

14 superintendent (or equivalent posi15 tions, as determined by the school); 

16 and 

17 ‘‘(III) such other information as 

18 may be requested by the Secretary; 

19 and 

20 ‘‘(iii) for each application received, de21 termine whether the application is from a 

22 school in which not less than 50 percent of 

23 students are eligible for free or reduced 

24 price meals under this Act. 
66

•S 2507 RS 

1 ‘‘(B) NONAPPLICABILITY TO EXISTING

2 PARTICIPANTS.—Subparagraph (A) shall not 

3 apply to a school, State, or Indian reservation 

4 authorized—

5 ‘‘(i) to participate in the program on 

6 May 1, 2004; or 

7 ‘‘(ii) to receive funding for free fruits 

8 and vegetables under funds provided for 

9 public health improvement under the head10 ing ‘DISEASE CONTROL, RESEARCH, AND

11 TRAINING’ under the heading ‘CENTERS

12 FOR DISEASE CONTROL AND PREVENTION’ 

13 in title II of the Departments of Labor, 

14 Health and Human Services, and Edu15 cation, and Related Agencies Appropria16 tions Act, 2004 (Division E of Public Law 

17 108–199; 118 Stat. 238). 

18 ‘‘(4) NOTICE OF AVAILABILITY.—To be eligible 

19 to participate in the program under this subsection, 

20 a school shall widely publicize within the school the 

21 availability of free fresh fruits and vegetables under 

22 the program. 

23 ‘‘(5) REPORTS.— 

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

25 September 30 of each of fiscal years 2005
67

•S 2507 RS 

1 through 2008, the Secretary, acting through 

2 the Administrator of the Food and Nutrition 

3 Service, shall submit to the Committee on Edu4 cation and the Workforce of the House of Rep5 resentatives and the Committee on Agriculture, 

6 Nutrition, and Forestry of the Senate an in7 terim report that describes the activities carried 

8 out under this subsection during the fiscal year 

9 covered by the report. 

10 ‘‘(B) FINAL REPORT.—Not later than De11 cember 31, 2008, the Secretary, acting through 

12 the Administrator of the Food and Nutrition 

13 Service, shall submit to the Committee on Edu14 cation and the Workforce of the House of Rep15 resentatives and the Committee on Agriculture, 

16 Nutrition, and Forestry of the Senate a final 

17 report that describes the results of the program 

18 under this subsection. 

19 ‘‘(6) FUNDING.— 

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

21 shall use to carry out this subsection any funds 

22 that remain under this subsection on the day 

23 before the date of enactment of this subpara24 graph. 

25 ‘‘(B) MANDATORY FUNDS.— 
68

•S 2507 RS 

1 ‘‘(i) IN GENERAL.—On October 1, 

2 2004, and on each October 1 thereafter, 

3 out of any funds in the Treasury not oth4 erwise appropriated, the Secretary of the 

5 Treasury shall transfer to the Secretary of 

6 Agriculture to carry out this subsection 

7 $9,000,000, to remain available until ex8 pended. 

9 ‘‘(ii) RECEIPT AND ACCEPTANCE.—

10 The Secretary shall be entitled to receive, 

11 shall accept, and shall use to carry out this 

12 subsection the funds made available under 

13 this subparagraph, without further appro14 priation. 

15 ‘‘(C) AUTHORIZATION OF APPROPRIA16 TIONS.—In addition to any amounts made 

17 available under subparagraphs (A) and (B), 

18 there are authorized to be appropriated such 

19 sums as are necessary to expand the program 

20 carried out under this subsection. 

21 ‘‘(D) REALLOCATION.—The Secretary may 

22 reallocate any amounts made available to carry 

23 out this subsection that are not obligated or ex24 pended, as determined by the Secretary.’’. 
69

•S 2507 RS 

1 SEC. 119. SUMMER FOOD SERVICE RURAL TRANSPOR2 TATION DEMONSTRATION. 

3 Section 18 of the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1769) is amended by adding at the 

5 end the following: 

6 ‘‘(h) SUMMER FOOD SERVICE RURAL TRANSPOR7 TATION DEMONSTRATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall carry 

9 out a demonstration under which grants are pro10 vided, through not more than 5 eligible State agen11 cies selected by the Secretary, to not more than 60 

12 eligible service institutions selected by the Secretary 

13 to increase participation in the summer food service 

14 program for children authorized by section 13 

15 through innovative approaches to limited transpor16 tation in rural areas. 

17 ‘‘(2) ELIGIBILITY.—To be eligible to participate 

18 in the demonstration under this subsection— 

19 ‘‘(A) a State agency shall— 

20 ‘‘(i) submit an application to the Sec21 retary, in such manner as the Secretary 

22 shall establish, and meet criteria estab23 lished by the Secretary; 

24 ‘‘(ii) provide such information relating 

25 to the operation and results of the dem26 onstration as the Secretary may require; 
70

•S 2507 RS 

1 ‘‘(iii) provide technical assistance to 

2 participating service institutions; and 

3 ‘‘(iv) establish procedures that ensure 

4 that service institutions making purchases 

5 under this subsection meet any criteria es6 tablished by the Secretary and secure 

7 State agency approval prior to a purchase; 

8 and 

9 ‘‘(B) a service institution shall— 

10 ‘‘(i) agree to the terms and conditions 

11 of the grant, as established by the Sec12 retary; 

13 ‘‘(ii) provide such information relating 

14 to the operation and results of the dem15 onstration as the Secretary may require; 

16 and 

17 ‘‘(iii) not have a history of violations 

18 of this Act or the Child Nutrition Act of 

19 1966 (42 U.S.C. 1771 et seq.), as deter20 mined by the Secretary. 

21 ‘‘(3) DURATION.—A service institution that re22 ceives a grant to carry out a demonstration under 

23 this subsection shall conduct the demonstration dur24 ing a period of 3 successive years, beginning in fiscal 

25 year 2005. 
71

•S 2507 RS 

1 ‘‘(4) REPORTS.—The Secretary shall submit to 

2 the Committee on Education and the Workforce of 

3 the House of Representatives and the Committee on 

4 Agriculture, Nutrition, and Forestry of the Senate— 

5 ‘‘(A) not later than January 1, 2007, an 

6 interim report that describes— 

7 ‘‘(i) the use of funds made available 

8 under this subsection; and 

9 ‘‘(ii) any progress made by each dem10 onstration carried out under this sub11 section; and 

12 ‘‘(B) not later than January 1, 2009, a 

13 final report that describes— 

14 ‘‘(i) the use of funds made available 

15 under this subsection; 

16 ‘‘(ii) any progress made by each dem17 onstration carried out under this sub18 section; 

19 ‘‘(iii) the impact of the demonstra20 tions on participation in the summer food 

21 service program for children authorized by 

22 section 13; and 

23 ‘‘(iv) any recommendations by the 

24 Secretary concerning the activities of the
72

•S 2507 RS 

1 service institutions receiving grants under 

2 this subsection. 

3 ‘‘(5) FUNDING.— 

4 ‘‘(A) IN GENERAL.—Out of any funds in 

5 the Treasury not otherwise appropriated, the 

6 Secretary of the Treasury shall transfer to the 

7 Secretary of Agriculture to carry out this sec8 tion— 

9 ‘‘(i) on October 1, 2005, $2,000,000; 

10 and 

11 ‘‘(ii) on October 1, 2006, and October 

12 1, 2007, $1,000,000. 

13 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

14 Secretary shall be entitled to receive, shall ac15 cept, and shall use to carry out this subsection 

16 the funds transferred under subparagraph (A), 

17 without further appropriation. 

18 ‘‘(C) AVAILABILITY OF FUNDS.—Funds 

19 transferred under subparagraph (A) shall re20 main available until expended. 

21 ‘‘(D) REALLOCATION.—The Secretary may 

22 reallocate any amounts made available to carry 

23 out this subsection that are not obligated or ex24 pended, as determined by the Secretary.’’. 
73

•S 2507 RS 

1 SEC. 120. SUMMER FOOD SERVICE RESIDENTIAL CAMP 

2 DEMONSTRATION. 

3 Section 18 of the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1769) (as amended by section 119) 

5 is amended by adding at the end the following: 

6 ‘‘(i) SUMMER FOOD SERVICE RESIDENTIAL CAMP

7 DEMONSTRATION.— 

8 ‘‘(1) IN GENERAL.—During the month after the 

9 date of enactment of this subsection through Sep10 tember, 2004, and the months of May through Sep11 tember, 2005, the Secretary shall carry out a dem12 onstration, at not more than 1 private nonprofit res13 idential camp in each of not more than 2 States, as 

14 determined by the Secretary, for the purpose of 

15 identifying and evaluating alternative methods of de16 termining the eligibility of residential private non17 profit camps to participate in the summer food serv18 ice program for children established under section 

19 13. 

20 ‘‘(2) ELIGIBILITY.—To be eligible to participate 

21 in the demonstration, a residential camp— 

22 ‘‘(A) shall be a service institution (as de23 fined in section 13(a)(1)); 

24 ‘‘(B) may not charge a fee to any child in 

25 residence at the camp; and 
74

•S 2507 RS 

1 ‘‘(C) shall serve children who reside in an 

2 area in which poor economic conditions exist (as 

3 defined in section 13(a)(1)). 

4 ‘‘(3) PAYMENTS.— 

5 ‘‘(A) IN GENERAL.—Under the demonstra6 tion, the Secretary shall provide reimbursement 

7 for meals served to all children at a residential 

8 camp at the payment rates specified in section 

9 13(b)(1). 

10 ‘‘(B) REIMBURSABLE MEALS.—A residen11 tial camp participating in the demonstration 

12 may receive reimbursement for not more than 3 

13 meals, or 2 meals and 1 supplement, during 

14 each day of operation. 

15 ‘‘(4) EVALUATION OF DEMONSTRATIONS.— 

16 ‘‘(A) INFORMATION FROM RESIDENTIAL

17 CAMPS.—Not later than December 31, 2005, a 

18 residential camp participating in the dem19 onstration shall report to the Secretary such in20 formation as is required by the Secretary con21 cerning participation in the demonstration. 

22 ‘‘(B) REPORT TO CONGRESS.—Not later 

23 than March 31, 2006, the Secretary shall sub24 mit to the Committee on Education and the 

25 Workforce of the House of Representatives and 
75

•S 2507 RS 

1 the Committee on Agriculture, Nutrition, and 

2 Forestry of the Senate a report that evaluates 

3 the results of the demonstration.’’. 

4 SEC. 121. HEALTHY SCHOOL NUTRITION ENVIRONMENT 

5 DEMONSTRATIONS. 

6 Section 18 of the Richard B. Russell National School 

7 Lunch Act (42 U.S.C. 1769) (as amended by section 120) 

8 is amended by adding at the end the following: 

9 ‘‘(j) HEALTHY SCHOOL NUTRITION ENVIRONMENT

10 DEMONSTRATIONS.— 

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

12 of funds under paragraph (6), the Secretary shall 

13 conduct demonstrations in selected elementary and 

14 secondary schools— 

15 ‘‘(A) to create healthy school nutrition en16 vironments; and 

17 ‘‘(B) to assess the impact of the environ18 ments on the health and well-being of children 

19 enrolled in the schools. 

20 ‘‘(2) SELECTION OF SCHOOLS.—In selecting 

21 schools for participation in demonstrations under 

22 this subsection, the Secretary shall select schools in 

23 a manner that— 

24 ‘‘(A) provides for an equitable distribution 

25 of demonstrations among— 
76

•S 2507 RS 

1 ‘‘(i) urban, suburban, and rural 

2 schools; and 

3 ‘‘(ii) schools with varying family in4 come levels; and 

5 ‘‘(B) permits the evaluation of demonstra6 tions designed by the Secretary. 

7 ‘‘(3) ASSESSMENT OF NUTRITIONAL ENVIRON8 MENTS AND ACHIEVEMENT OF CERTIFICATION CRI9 TERIA.—In carrying out this subsection, for the first 

10 school year for which funds are made available, the 

11 Secretary shall make a grant to each selected school 

12 to assist the school in— 

13 ‘‘(A) conducting an assessment of the nu14 tritional environment of the school, in accord15 ance with procedures established by the Sec16 retary; and 

17 ‘‘(B) meeting the certification criteria 

18 specified in paragraph (4)(B). 

19 ‘‘(4) INCENTIVE GRANTS FOR HEALTHY

20 SCHOOL NUTRITION ENVIRONMENTS.— 

21 ‘‘(A) IN GENERAL.—In carrying out this 

22 subsection, for each subsequent school year, the 

23 Secretary shall make a grant to each selected 

24 school that meets the certification criteria speci-
77

•S 2507 RS 

1 fied in subparagraph (B) to assist the school in 

2 conducting— 

3 ‘‘(i) meal service activities under the 

4 nonprofit school food service program of 

5 the school; and 

6 ‘‘(ii) other activities that the Sec7 retary determines are consistent with a 

8 healthy school nutrition environment. 

9 ‘‘(B) CERTIFICATION CRITERIA.—To be 

10 certified as a school that meets healthy school 

11 nutrition environment criteria under subpara12 graph (A), the school shall meet criteria estab13 lished by the Secretary, that include (at a min14 imum)— 

15 ‘‘(i) providing program meals that 

16 meet the nutritional standards for break17 fasts and lunches established by the Sec18 retary; 

19 ‘‘(ii) offering healthy food choices out20 side program meals, such as offering 

21 healthy foods in vending machines, school 

22 stores, and other venues; 

23 ‘‘(iii) promoting the consumption of 

24 fruits and vegetables; 
78

•S 2507 RS 

1 ‘‘(iv) providing nutrition education to 

2 staff and to students in an understandable 

3 and uniform format and, to the extent 

4 practicable, in a language that students 

5 can understand; and 

6 ‘‘(v) meeting other criteria established 

7 by the Secretary. 

8 ‘‘(5) EVALUATIONS.— 

9 ‘‘(A) IN GENERAL.—In carrying out this 

10 subsection, the Secretary, acting through the 

11 Administrator of the Food and Nutrition Serv12 ice, shall conduct an evaluation of schools that 

13 conduct demonstrations under this subsection. 

14 ‘‘(B) CONTENT.—The evaluation shall 

15 measure, at a minimum, the effects of a healthy 

16 school nutrition environment on— 

17 ‘‘(i) overweight children and obesity; 

18 ‘‘(ii) dietary intake; 

19 ‘‘(iii) nutrition education and behav20 ior; 

21 ‘‘(iv) the adequacy of time to eat; 

22 ‘‘(v) physical activities; 

23 ‘‘(vi) parental and student attitudes 

24 and participation; and 
79

•S 2507 RS 

1 ‘‘(vii) related funding issues, including 

2 the cost of maintaining a healthy school 

3 nutrition environment. 

4 ‘‘(C) REPORTS.—In carrying out this sub5 section, the Secretary shall submit to the Com6 mittee on Education and the Workforce of the 

7 House of Representatives and the Committee 

8 on Agriculture, Nutrition, and Forestry of the 

9 Senate a report on the activities of schools par10 ticipating in demonstrations under this sub11 section. 

12 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

13 There is authorized to be appropriated to carry out 

14 this subsection such sums as are necessary, to re15 main available until expended.’’. 

16 SEC. 122. FOOD SERVICE PROGRAM PERSONNEL PROFES17 SIONAL STANDARDS DEMONSTRATION. 

18 Section 18 of the Richard B. Russell National School 

19 Lunch Act (42 U.S.C. 1769) (as amended by section 121) 

20 is amended by adding at the end the following: 

21 ‘‘(k) FOOD SERVICE PROGRAM PERSONNEL PROFES22 SIONAL STANDARDS DEMONSTRATION.— 

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

24 of funds under paragraph (5), the Secretary shall 

25 carry out a demonstration— 
80

•S 2507 RS 

1 ‘‘(A) to assess issues pertaining to profes2 sional certification of school food service pro3 gram personnel; and 

4 ‘‘(B) to provide States, school districts, 

5 and schools with assistance in improving profes6 sional standards, and obtaining appropriate 

7 program certification, related to food service 

8 and dietary management. 

9 ‘‘(2) ASSISTANCE.—In carrying out the dem10 onstration, the Secretary shall— 

11 ‘‘(A) assist States in providing training 

12 and professional development classes and pro13 grams for district school food service adminis14 trators and other senior food service program 

15 personnel who do not possess an approved cer16 tificate or credential in preparing for and ob17 taining an approved certificate or credential; 

18 and 

19 ‘‘(B) provide assistance to schools, or indi20 viduals described in subparagraph (A), to pay 

21 the costs of attending classes and obtaining an 

22 approved certificate or credential. 

23 ‘‘(3) ASSESSMENT.—In carrying out the dem24 onstration, the Secretary shall assess— 
81

•S 2507 RS 

1 ‘‘(A) which certifications or credentials 

2 may be considered appropriate professional 

3 standards for senior administration personnel of 

4 a district school food service program; 

5 ‘‘(B) the degree to which school food au6 thorities require the senior district food service 

7 program personnel to have attained certification 

8 or credentials from an approved or appropriate 

9 governing body, including differences that may 

10 derive from district size; 

11 ‘‘(C) the impact that employing a certified 

12 or credentialed school food service adminis13 trator has on program quality; and 

14 ‘‘(D) the costs to the school food authority 

15 of including such a requirement in employing a 

16 district school food service administrator. 

17 ‘‘(4) REPORT.—On completion of the dem18 onstration, the Secretary shall submit to the Com19 mittee on Education and the Workforce of the 

20 House of Representatives and the Committee on Ag21 riculture, Nutrition, and Forestry of the Senate a 

22 report on the results of the demonstration. 

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

24 There are authorized to be appropriated such sums 
82

•S 2507 RS 

1 as are necessary to carry out this subsection, to re2 main available until expended.’’. 

3 SEC. 123. SCHOOL GARDEN GRANT DEMONSTRATION. 

4 Section 18 of the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1769) (as amended by section 122) 

6 is amended by adding at the end the following: 

7 ‘‘(l) SCHOOL GARDEN GRANT DEMONSTRATION.— 

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

9 the Secretary may make grants to State or local 

10 educational agencies and nonprofit organizations to 

11 support school garden demonstrations that allow 

12 children to learn about the importance of specialty 

13 crops to a healthy diet. 

14 ‘‘(2) SUBSTANTIAL URBAN CENTERS.—The 

15 Secretary shall initially target grants under this sub16 section to substantial urban centers, as determined 

17 by the Secretary. 

18 ‘‘(3) CONSULTATION.—The Secretary shall de19 velop and carry out the grant demonstration in con20 sultation with the State department of agriculture 

21 and other appropriate institutions in each State in 

22 which the grant demonstration is conducted. 

23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

24 There is authorized to be appropriated to carry out
83

•S 2507 RS 

1 this subsection $15,000,000, to remain available 

2 until expended.’’. 

3 SEC. 124. ACCESS TO LOCAL FOODS. 

4 Section 18 of the Richard B. Russell National School 

5 Lunch Act (42 U.S.C. 1769) (as amended by section 123) 

6 is amended by adding at the end the following: 

7 ‘‘(m) ACCESS TO LOCAL FOODS.—

8 ‘‘(1) IN GENERAL.—The Secretary may provide 

9 assistance, through competitive matching grants and 

10 technical assistance, to schools and nonprofit entities 

11 for projects that—

12 ‘‘(A) improve access to local foods in 

13 schools and institutions participating in pro14 grams under this Act and section 4 of the Child 

15 Nutrition Act of 1966 (42 U.S.C. 1773) 

16 through farm-to-cafeteria activities that may in17 clude the acquisition of food and appropriate 

18 equipment and the provision of training and 

19 education; 

20 ‘‘(B) are, at a minimum, designed to pro21 cure local foods from small- and medium-sized 

22 farms for school meals; 

23 ‘‘(C) support nutrition education activities 

24 or curriculum planning that incorporates the 
84

•S 2507 RS 

1 participation of school children in farm and ag2 ricultural education activities; 

3 ‘‘(D) develop a sustained commitment to 

4 farm-to-cafeteria projects in the community by 

5 linking schools, agricultural producers, parents, 

6 and other community stakeholders; 

7 ‘‘(E) require $100,000 or less in Federal 

8 contributions; 

9 ‘‘(F) require a Federal share of costs of 

10 not to exceed 75 percent; 

11 ‘‘(G) provide matching support in the form 

12 of cash or in-kind contributions (including fa13 cilities, equipment, or services provided by State 

14 and local governments and private sources); and 

15 ‘‘(H) cooperate in an evaluation carried 

16 out by the Secretary. 

17 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this subsection for 

20 each of fiscal years 2004 through 2008.’’. 

21 SEC. 125. CHILDHOOD OBESITY PREVENTION DEMONSTRA22 TION. 

23 Section 18 of the Richard B. Russell National School 

24 Lunch Act (42 U.S.C. 1769) (as amended by section 124) 

25 is amended by adding at the end the following: 
85

•S 2507 RS 

1 ‘‘(n) CHILDHOOD OBESITY PREVENTION DEM2 ONSTRATION.—

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

4 of funds under paragraph (6), for a period of 4 suc5 cessive years, the Secretary shall award to a national 

6 organization with expertise in designing and imple7 menting health education programs for limited8 English-proficient individuals a grant to carry out a 

9 demonstration to enhance obesity prevention activi10 ties for child care centers and sponsoring organiza11 tions providing services to limited-English-proficient 

12 individuals through the child and adult care food 

13 program under section 17 in each of 4 States se14 lected by the Secretary in accordance with para15 graph (2). 

16 ‘‘(2) STATES.—The demonstration shall be car17 ried out in States that have experienced a growth in 

18 the limited-English-proficient population of the 

19 States of at least 100 percent between the years 

20 1990 and 2000, as measured by the census. 

21 ‘‘(3) REQUIRED ACTIVITIES.—Activities carried 

22 out under paragraph (1) shall include—

23 ‘‘(A) developing an interactive and com24 prehensive tool kit for use by lay health edu25 cators and training activities; 
86

•S 2507 RS 

1 ‘‘(B) conducting training and providing on2 going technical assistance for lay health edu3 cators; and 

4 ‘‘(C) establishing collaborations with child 

5 care centers and sponsoring organizations par6 ticipating in the child and adult care food pro7 gram under section 17 to—

8 ‘‘(i) identify limited-English-proficient 

9 children and families; and 

10 ‘‘(ii) enhance the capacity of the child 

11 care centers and sponsoring organizations 

12 to use appropriate obesity prevention strat13 egies. 

14 ‘‘(4) EVALUATION.—The grant recipient shall 

15 identify an institution of higher education to conduct 

16 an independent evaluation of the effectiveness of the 

17 demonstration. 

18 ‘‘(5) REPORT.—The Secretary shall submit to 

19 the Committee on Education and the Workforce of 

20 the House of Representatives, the Committee on Ag21 riculture, Nutrition, and Forestry of the Senate, and 

22 the Health, Education, Labor, and Pensions Com23 mittee of the Senate a report that includes—

24 ‘‘(A) the evaluation completed by the insti25 tution of higher education under paragraph (4);
87

•S 2507 RS 

1 ‘‘(B) the effectiveness of lay health edu2 cators in reducing childhood obesity; and 

3 ‘‘(C) any recommendations of the Sec4 retary concerning the demonstration. 

5 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

6 There are authorized to be appropriated to carry out 

7 this subsection $250,000 for each of fiscal years 

8 2005 through 2008.’’. 

9 SEC. 126. YEAR ROUND SERVICES FOR ELIGIBLE ENTITIES. 

10 Section 18 of the Richard B. Russell National School 

11 Lunch Act (42 U.S.C. 1769) (as amended by section 125) 

12 is amended by adding at the end the following: 

13 ‘‘(o) YEAR ROUND SERVICES FOR ELIGIBLE ENTI14 TIES.—

15 ‘‘(1) IN GENERAL.—A service institution (as de16 fined in paragraphs (6) or (7) of section 13(a)) lo17 cated in California—

18 ‘‘(A) may be reimbursed for up to 3 meals 

19 and 2 supplements for any day for which serv20 ices are being offered at the institution; and 

21 ‘‘(B) shall be reimbursed for costs con22 sistent with section 13(b)(1). 

23 ‘‘(2) EXEMPTIONS.—A service institution that 

24 receives assistance under this subsection shall com-
88

•S 2507 RS 

1 ply with all provisions of section 13 other than sub2 sections (b)(2) and (c)(1) of that section. 

3 ‘‘(3) FUNDING.—From funds made available to 

4 carry out section 13, the Secretary shall provide to 

5 the State of California in fiscal year 2005 an 

6 amount not to exceed $1,000,000, to remain avail7 able until expended, for the additional reimburse8 ment costs for meals and supplements authorized by 

9 this subsection.’’. 

10 SEC. 127. FREE LUNCH AND BREAKFAST EXPANSION DEM11 ONSTRATION. 

12 (a) FINDINGS.—Congress finds that—

13 (1) Federal child nutrition programs (including 

14 the school lunch and breakfast programs) are impor15 tant to the health and education of children of the 

16 United States; 

17 (2) reduced price school meals are offered, in 

18 participating schools, to children with family income 

19 between 130 percent of the poverty line and 185 

20 percent of the poverty line; 

21 (3) many families in the reduced price income 

22 category are finding it difficult to pay the fee for re23 duced price school meals and, for some families, the 

24 fee is a barrier to participation; 
89

•S 2507 RS 

1 (4) the special supplemental nutrition program 

2 for women, infants, and children (WIC) established 

3 by section 17 of the Child Nutrition Act of 1966 (42 

4 U.S.C. 1786) provides free benefits to all partici5 pants with family income below 185 percent of pov6 erty; and 

7 (5) over 500 State and local school boards have 

8 passed resolutions urging Congress to eliminate the 

9 reduced price school meal program and to harmonize 

10 the income standard of eligibility for the school 

11 lunch and breakfast programs with the WIC pro12 gram. 

13 (b) DEMONSTRATION.—Section 18 of the Richard B. 

14 Russell National School Lunch Act (42 U.S.C. 1769) (as 

15 amended by section 126) is amended by adding at the end 

16 the following: 

17 ‘‘(p) FREE LUNCH AND BREAKFAST EXPANSION

18 DEMONSTRATION.— 

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

20 of funds under paragraph (4), the Secretary shall 

21 carry out a demonstration under which expanded 

22 service of free lunches and breakfasts is provided at 

23 schools participating in the school lunch program 

24 under this Act or the school breakfast program 

25 under section 4 of the Child Nutrition Act of 1966 
90

•S 2507 RS 

1 (42 U.S.C. 1773) in all or part of 5 States selected 

2 by the Secretary (of which at least 1 shall be a 

3 largely rural State with a significant Native Amer4 ican population). 

5 ‘‘(2) INCOME ELIGIBILITY.—The income guide6 lines for determining eligibility for free lunches or 

7 breakfasts under this subsection shall be 185 per8 cent of the applicable family size income levels con9 tained in the nonfarm income poverty guidelines pre10 scribed by the Office of Management and Budget, as 

11 adjusted annually in accordance with section 

12 9(b)(1)(B). 

13 ‘‘(3) EVALUATION.—

14 ‘‘(A) IN GENERAL.—Not later than 3 years 

15 after the implementation of the demonstration 

16 under this subsection, the Secretary shall con17 duct an evaluation of the demonstration to as18 sess the impact of the demonstration by com19 paring the school food authorities operating 

20 under the demonstration to school food authori21 ties not operating under the demonstration. 

22 ‘‘(B) IMPACT ASSESSMENT.—

23 ‘‘(i) CHILDREN.—The evaluation shall 

24 assess the impact of the demonstration 

25 separately on—
91

•S 2507 RS 

1 ‘‘(I) children in households with 

2 incomes less than 130 percent of the 

3 applicable family income levels con4 tained in the nonfarm poverty income 

5 guidelines prescribed by the Office of 

6 Management and Budget, as adjusted 

7 annually in accordance with section 

8 9(b)(1)(B); and 

9 ‘‘(II) children in households with 

10 incomes greater than 130 percent and 

11 not greater than 185 percent of the 

12 applicable family income levels con13 tained in the nonfarm poverty income 

14 guidelines prescribed by the Office of 

15 Management and Budget, as adjusted 

16 annually in accordance with section 

17 9(b)(1)(B). 

18 ‘‘(ii) FACTORS.—The evaluation shall 

19 assess the impact of the demonstration 

20 on—

21 ‘‘(I) certification and participa22 tion rates in the school lunch and 

23 breakfast programs; 

24 ‘‘(II) rates of lunch- and break25 fast-skipping; 
92

•S 2507 RS 

1 ‘‘(III) academic achievement; and 

2 ‘‘(IV) other factors determined 

3 by the Secretary. 

4 ‘‘(C) COST ASSESSMENT.—The evaluation 

5 shall assess the increased costs associated with 

6 providing additional free, reduced price, or paid 

7 meals in the school food authorities operating 

8 under the demonstration. 

9 ‘‘(D) REPORT.—On completion of the dem10 onstration and the evaluation, the Secretary 

11 shall submit to the Committee on Education 

12 and the Workforce of the House of Representa13 tives and the Committee on Agriculture, Nutri14 tion, and Forestry of the Senate a report de15 scribing the results of the evaluation of the 

16 demonstration under this paragraph. 

17 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this subsection, to re20 main available until expended.’’. 

21 SEC. 128. TRAINING, TECHNICAL ASSISTANCE, AND FOOD 

22 SERVICE MANAGEMENT INSTITUTE. 

23 (a) IN GENERAL.—Section 21(a)(1) of the Richard 

24 B. Russell National School Lunch Act (42 U.S.C. 1769b–
93

•S 2507 RS 

1 1(a)(1)) is amended by striking ‘‘activities and’’ and all 

2 that follows and inserting ‘‘activities and provide—

3 ‘‘(A) technical assistance to improve the 

4 skills of individuals employed in—

5 ‘‘(i) food service programs carried out 

6 with assistance under this Act; 

7 ‘‘(ii) school breakfast programs car8 ried out with assistance under section 4 of 

9 the Child Nutrition Act of 1966 (42 

10 U.S.C. 1773); and 

11 ‘‘(iii) as appropriate, other federally 

12 assisted feeding programs; and 

13 ‘‘(B) assistance, on a competitive basis, to 

14 State agencies for the purpose of aiding schools 

15 and school food authorities with at least 50 per16 cent of enrolled children certified to receive free 

17 or reduced price meals (and, if there are any re18 maining funds, other schools and school food 

19 authorities) in meeting the cost of acquiring or 

20 upgrading technology and information manage21 ment systems for use in food service programs 

22 carried out under this Act and section 4 of the 

23 Child Nutrition Act of 1966 (42 U.S.C. 1773), 

24 if the school or school food authority submits to 
94

•S 2507 RS 

1 the State agency an infrastructure development 

2 plan that—

3 ‘‘(i) addresses the cost savings and 

4 improvements in program integrity and op5 erations that would result from the use of 

6 new or upgraded technology; 

7 ‘‘(ii) ensures that there is not any 

8 overt identification of any child by special 

9 tokens or tickets, announced or published 

10 list of names, or by any other means; 

11 ‘‘(iii) provides for processing and 

12 verifying applications for free and reduced 

13 price school meals; 

14 ‘‘(iv) integrates menu planning, pro15 duction, and serving data to monitor com16 pliance with section 9(f)(1); and 

17 ‘‘(v) establishes compatibility with 

18 statewide reporting systems; 

19 ‘‘(C) assistance, on a competitive basis, to 

20 State agencies with low proportions of schools 

21 or students that—

22 ‘‘(i) participate in the school breakfast 

23 program under section 4 of the Child Nu24 trition Act of 1966 (42 U.S.C. 1773); and 
95

•S 2507 RS 

1 ‘‘(ii) demonstrate the greatest need, 

2 for the purpose of aiding schools in meet3 ing costs associated with initiating or ex4 panding a school breakfast program under 

5 section 4 of the Child Nutrition Act of 

6 1966 (42 U.S.C. 1773), including outreach 

7 and informational activities; and’’. 

8 (b) DUTIES OF FOOD SERVICE MANAGEMENT INSTI9 TUTE.—Section 21(c)(2)(B) of the Richard B. Russell Na10 tional School Lunch Act (42 U.S.C. 1769b–1(c)(2)(B)) is 

11 amended— 

12 (1) by striking clauses (vi) and (vii) and insert13 ing the following: 

14 ‘‘(vi) safety, including food handling, 

15 hazard analysis and critical control point 

16 plan implementation, emergency readiness, 

17 responding to a food recall, and food bio18 security training;’’; and 

19 (2) by redesignating clauses (viii) through (x) 

20 as clauses (vii) through (ix), respectively. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) TRAINING ACTIVITIES AND TECHNICAL AS23 SISTANCE.—Section 21(e)(1) of the Richard B. Rus24 sell National School Lunch Act (42 U.S.C. 1769b–
96

•S 2507 RS 

1 1(e)(1)) is amended by striking ‘‘2003’’ and insert2 ing ‘‘2008’’. 

3 (2) FOOD SERVICE MANAGEMENT INSTITUTE.—

4 Section 21(e)(2)(A) of the Richard B. Russell Na5 tional School Lunch Act (42 U.S.C. 1769b–

6 1(e)(2)(A) is amended in the first sentence by strik7 ing ‘‘$147,000’’ and all that follows through ‘‘1999’’ 

8 and inserting ‘‘$3,000,000 for fiscal year 2004 and 

9 $4,000,000 for fiscal year 2005’’. 

10 SEC. 129. ADMINISTRATIVE ERROR REDUCTION. 

11 (a) FEDERAL SUPPORT FOR TRAINING AND TECH12 NICAL ASSISTANCE.—Section 21 of the Richard B. Russell 

13 National School Lunch Act (42 U.S.C. 1769b–1) is 

14 amended by adding at the end the following: 

15 ‘‘(f) ADMINISTRATIVE TRAINING AND TECHNICAL

16 ASSISTANCE MATERIALS.—In collaboration with State 

17 educational agencies, school food authorities, and local 

18 educational agencies of varying sizes, the Secretary shall 

19 develop and distribute training and technical assistance 

20 materials relating to the administration of school meal 

21 programs that are representative of the best management 

22 and administrative practices. 

23 ‘‘(g) FEDERAL ADMINISTRATIVE SUPPORT.—

24 ‘‘(1) FUNDING.—
97

•S 2507 RS 

1 ‘‘(A) IN GENERAL.—Out of any funds in 

2 the Treasury not otherwise appropriated, the 

3 Secretary of the Treasury shall transfer to the 

4 Secretary of Agriculture to carry out this sub5 section—

6 ‘‘(i) on October 1, 2004, and October 

7 1, 2005, $5,000,000; and 

8 ‘‘(ii) on October 1, 2006, and October 

9 1, 2007, $3,000,000. 

10 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

11 Secretary shall be entitled to receive, shall ac12 cept, and shall use to carry out this subsection 

13 the funds transferred under subparagraph (A), 

14 without further appropriation. 

15 ‘‘(C) AVAILABILITY OF FUNDS.—Funds 

16 transferred under subparagraph (A) shall re17 main available until expended. 

18 ‘‘(2) USE OF FUNDS.—The Secretary may use 

19 funds provided under this subsection—

20 ‘‘(A) to provide training and technical as21 sistance and materials related to improving pro22 gram integrity and administrative accuracy in 

23 school meals programs; and 

24 ‘‘(B) to assist State educational agencies 

25 in reviewing the administrative practices of 
98

•S 2507 RS 

1 school food authorities, to the extent deter2 mined by the Secretary.’’. 

3 (b) SELECTED ADMINISTRATIVE REVIEWS.—Section 

4 22(b) of the Richard B. Russell National School Lunch 

5 Act (42 U.S.C. 1769c(b)) is amended by adding at the 

6 end the following: 

7 ‘‘(3) ADDITIONAL REVIEW REQUIREMENT FOR

8 SELECTED SCHOOL FOOD AUTHORITIES.— 

9 ‘‘(A) DEFINITION OF SELECTED SCHOOL

10 FOOD AUTHORITY.—In this paragraph, the 

11 term ‘selected school food authority’ means a 

12 school food authority that has a demonstrated 

13 high level of, or a high risk for, administrative 

14 error, as determined by the Secretary. 

15 ‘‘(B) ADDITIONAL ADMINISTRATIVE RE16 VIEW.—In addition to any review required by 

17 subsection (a) or paragraph (1), each State 

18 educational agency shall conduct an administra19 tive review of each selected school food author20 ity during the review cycle established under 

21 subsection (a). 

22 ‘‘(C) SCOPE OF REVIEW.—In carrying out 

23 a review under subparagraph (B), a State edu24 cational agency shall only review the adminis25 trative processes of a selected school food au-
99

•S 2507 RS 

1 thority, including application, certification, 

2 verification, meal counting, and meal claiming 

3 procedures. 

4 ‘‘(D) RESULTS OF REVIEW.—If the State 

5 educational agency determines (on the basis of 

6 a review conducted under subparagraph (B)) 

7 that a selected school food authority fails to 

8 meet performance criteria established by the 

9 Secretary, the State educational agency shall— 

10 ‘‘(i) require the selected school food 

11 authority to develop and carry out an ap12 proved plan of corrective action; 

13 ‘‘(ii) except to the extent technical as14 sistance is provided directly by the Sec15 retary, provide technical assistance to as16 sist the selected school food authority in 

17 carrying out the corrective action plan; and 

18 ‘‘(iii) conduct a followup review of the 

19 selected school food authority under stand20 ards established by the Secretary. 

21 ‘‘(4) RETAINING FUNDS AFTER ADMINISTRA22 TIVE REVIEWS.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graphs (B) and (C), if the school food authority 

25 fails to meet administrative performance cri-
100

•S 2507 RS 

1 teria established by the Secretary in both an 

2 initial review and a followup review under para3 graph (1) or (3) or subsection (a), the Sec4 retary may require the State educational agency 

5 to retain funds that would otherwise be paid to 

6 the school food authority for school meals pro7 grams under procedures prescribed by the Sec8 retary. 

9 ‘‘(B) AMOUNT.—The amount of funds re10 tained under subparagraph (A) shall equal the 

11 value of any overpayment made to the school 

12 food authority as a result of an erroneous claim 

13 during the time period described in subpara14 graph (C). 

15 ‘‘(C) TIME PERIOD.—The period for deter16 mining the value of any overpayment under 

17 subparagraph (B) shall be the period—

18 ‘‘(i) beginning on the date the erro19 neous claim was made; and 

20 ‘‘(ii) ending on the earlier of the date 

21 the erroneous claim is corrected or—

22 ‘‘(I) in the case of the first re23 view conducted by the State edu24 cational agency of the local edu25 cational agency under this section 
101

•S 2507 RS 

1 after July 1, 2005, the date that is 60 

2 days after the beginning of the period 

3 under clause (i); or 

4 ‘‘(II) in the case of any subse5 quent review conducted by the State 

6 educational agency of the local edu7 cational agency under this section, the 

8 date that is 90 days after the begin9 ning of the period under clause (i). 

10 ‘‘(5) USE OF RETAINED FUNDS.—

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), funds retained under paragraph (4) 

13 shall—

14 ‘‘(i) be returned to the Secretary, and 

15 may be used—

16 ‘‘(I) to provide training and tech17 nical assistance related to administra18 tive practices designed to improve pro19 gram integrity and administrative ac20 curacy in school meals programs to 

21 State educational agencies and, to the 

22 extent determined by the Secretary, to 

23 school food authorities and local edu24 cational agencies;
102

•S 2507 RS 

1 ‘‘(II) to assist State educational 

2 agencies in reviewing the administra3 tive practices of school food authori4 ties in carrying out school meals pro5 grams; and 

6 ‘‘(III) to carry out section 21(f); 

7 or 

8 ‘‘(ii) be credited to the child nutrition 

9 programs appropriation account. 

10 ‘‘(B) STATE SHARE.—A State educational 

11 agency may retain not more than 25 percent of 

12 an amount recovered under paragraph (4), to 

13 carry out school meals program integrity initia14 tives to assist school food authorities and local 

15 educational agencies that have repeatedly failed, 

16 as determined by the Secretary, to meet admin17 istrative performance criteria. 

18 ‘‘(C) REQUIREMENT.—To be eligible to re19 tain funds under subparagraph (B), a State 

20 educational agency shall— 

21 ‘‘(i) submit to the Secretary a plan 

22 describing how the State educational agen23 cy will use the funds to improve school 

24 meals program integrity, including meas25 ures to give priority to school food authori-
103

•S 2507 RS 

1 ties from which funds were retained under 

2 paragraph (4); and 

3 ‘‘(ii) obtain the approval of the Sec4 retary for the plan.’’. 

5 (c) TRAINING AND TECHNICAL ASSISTANCE.—Sec6 tion 7 of the Child Nutrition Act of 1966 (42 U.S.C. 

7 1776) is amended—

8 (1) in subsection (e)—

9 (A) by striking ‘‘(e) Each’’ and inserting 

10 the following: 

11 ‘‘(e) PLANS FOR USE OF ADMINISTRATIVE EXPENSE

12 FUNDS.—

13 ‘‘(1) IN GENERAL.—Each’’; and 

14 (B) by striking ‘‘After submitting’’ and all 

15 that follows through ‘‘change in the plan.’’ and 

16 inserting the following: 

17 ‘‘(2) UPDATES AND INFORMATION MANAGE18 MENT SYSTEMS.—

19 ‘‘(A) IN GENERAL.—After submitting the 

20 initial plan, a State shall be required to submit 

21 to the Secretary for approval only a substantive 

22 change in the plan. 

23 ‘‘(B) PLAN CONTENTS.—Each State plan 

24 shall, at a minimum, include a description of 

25 how technology and information management 
104

•S 2507 RS 

1 systems will be used to improve program integ2 rity by—

3 ‘‘(i) monitoring the nutrient content 

4 of meals served; 

5 ‘‘(ii) training schools and school food 

6 authorities in how to use technology and 

7 information management systems (includ8 ing verifying eligibility for free or reduced 

9 price meals using program participation or 

10 income data gathered by State or local 

11 agencies); and 

12 ‘‘(iii) using electronic data to establish 

13 benchmarks to compare and monitor pro14 gram integrity, program participation, and 

15 financial data. 

16 ‘‘(3) TRAINING AND TECHNICAL ASSISTANCE.—

17 Each State shall submit to the Secretary for ap18 proval a plan describing the manner in which the 

19 State intends to implement subsection (g) of section 

20 7 of this Act and section 22(b)(3) of the Richard B. 

21 Russell National School Lunch Act (as added by sec22 tion 125(b) of the Child Nutrition and WIC Reau23 thorization Act of 2004).’’; 

24 (2) by redesignating subsection (g) as sub25 section (j); and 
105

•S 2507 RS 

1 (3) by inserting after subsection (f) the fol2 lowing: 

3 ‘‘(g) STATE TRAINING.—

4 ‘‘(1) IN GENERAL.—At least annually, each 

5 State shall provide training in administrative prac6 tices (including training in application, certification, 

7 verification, meal counting, and meal claiming proce8 dures) to school food authority administrative per9 sonnel and other appropriate personnel, with empha10 sis on the requirements established by the Child Nu11 trition and WIC Reauthorization Act of 2004 and 

12 the amendments made by that Act. 

13 ‘‘(2) FEDERAL ROLE.—The Secretary shall—

14 ‘‘(A) provide training and technical assist15 ance to a State; or 

16 ‘‘(B) at the option of the Secretary, di17 rectly provide training and technical assistance 

18 described in paragraph (1). 

19 ‘‘(3) REQUIRED PARTICIPATION.—In accord20 ance with procedures established by the Secretary, 

21 each school food authority or local educational agen22 cy shall ensure that an individual conducting or 

23 overseeing administrative procedures described in 

24 paragraph (1) receives training at least annually, 

25 unless determined otherwise by the Secretary. 
106

•S 2507 RS 

1 ‘‘(h) FUNDING FOR TRAINING AND ADMINISTRATIVE

2 REVIEWS.—

3 ‘‘(1) FUNDING.—

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

5 and on each October 1 thereafter, out of any 

6 funds in the Treasury not otherwise appro7 priated, the Secretary of the Treasury shall 

8 transfer to the Secretary of Agriculture to carry 

9 out this subsection $4,000,000, to remain avail10 able until expended. 

11 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

12 Secretary shall be entitled to receive, shall ac13 cept, and shall use to carry out this subsection 

14 the funds transferred under subparagraph (A), 

15 without further appropriation. 

16 ‘‘(2) USE OF FUNDS.—

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

18 subparagraph (B), the Secretary shall use 

19 funds provided under this subsection to assist 

20 States in carrying out subsection (g) and ad21 ministrative reviews of selected school food au22 thorities and local educational agencies carried 

23 out under section 22 of the Richard B. Russell 

24 National School Lunch Act (42 U.S.C. 1769c).
107

•S 2507 RS 

1 ‘‘(B) EXCEPTION.—The Secretary may re2 tain a portion of the amount provided to cover 

3 costs of activities carried out by the Secretary 

4 in lieu of the State. 

5 ‘‘(3) ALLOCATION.—The Secretary shall allo6 cate funds provided under this subsection to States 

7 based on the number of local educational agencies 

8 that have demonstrated a high level of, or a high 

9 risk for, administrative error, as determined by the 

10 Secretary, taking into account the requirements es11 tablished by the Child Nutrition and WIC Reauthor12 ization Act of 2004 and the amendments made by 

13 that Act. 

14 ‘‘(4) REALLOCATION.—The Secretary may re15 allocate, to carry out this section, any amounts made 

16 available to carry out this subsection that are not 

17 obligated or expended, as determined by the Sec18 retary.’’. 

19 SEC. 130. COMPLIANCE AND ACCOUNTABILITY. 

20 Section 22(d) of the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1769c(d)) is amended by 

22 striking ‘‘$3,000,000 for each of the fiscal years 1994 

23 through 2003’’ and inserting ‘‘$6,000,000 for each of fis24 cal years 2004 through 2008’’. 
108

•S 2507 RS 

1 SEC. 131. INFORMATION CLEARINGHOUSE. 

2 Section 26(d) of the Richard B. Russell National 

3 School Lunch Act (42 U.S.C. 1769g(d)) is amended in 

4 the first sentence by striking ‘‘and $166,000 for each of 

5 fiscal years 1999 through 2003’’ and inserting ‘‘$166,000 

6 for each of fiscal years 1999 through 2004, and $250,000 

7 for each of fiscal years 2005 through 2008’’. 

8 SEC. 132. PROGRAM EVALUATION. 

9 The Richard B. Russell National School Lunch Act 

10 (42 U.S.C. 1751 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 28. PROGRAM EVALUATION. 

13 ‘‘(a) PERFORMANCE ASSESSMENTS.— 

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

15 of funds made available under paragraph (3), the 

16 Secretary, acting through the Administrator of the 

17 Food and Nutrition Service, may conduct annual na18 tional performance assessments of the meal pro19 grams conducted under this Act and the Child Nu20 trition Act of 1966 (42 U.S.C. 1771 et seq.). 

21 ‘‘(2) COMPONENTS.—In conducting an assess22 ment, the Secretary may assess— 

23 ‘‘(A) the cost of producing meals and meal 

24 supplements under the programs described in 

25 paragraph (1); and 
109

•S 2507 RS 

1 ‘‘(B) the nutrient profile of meals, and sta2 tus of menu planning practices, under the pro3 grams. 

4 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

5 There is authorized to be appropriated to carry out 

6 this subsection $5,000,000 for fiscal year 2004 and 

7 each subsequent fiscal year. 

8 ‘‘(b) CERTIFICATION IMPROVEMENTS.— 

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

10 of funds made available under paragraph (5), the 

11 Secretary, acting through the Administrator of the 

12 Food and Nutrition Service, shall conduct a study of 

13 the feasibility of improving the certification process 

14 used for the school lunch program established under 

15 this Act. 

16 ‘‘(2) PILOT PROJECTS.—In carrying out this 

17 subsection, the Secretary may conduct pilot projects 

18 to improve the certification process used for the 

19 school lunch program. 

20 ‘‘(3) COMPONENTS.—In carrying out this sub21 section, the Secretary shall examine the use of— 

22 ‘‘(A) other income reporting systems; 

23 ‘‘(B) an integrated benefit eligibility deter24 mination process managed by a single agency; 
110

•S 2507 RS 

1 ‘‘(C) income or program participation data 

2 gathered by State or local agencies; and 

3 ‘‘(D) other options determined by the Sec4 retary. 

5 ‘‘(4) WAIVERS.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the Secretary may waive such provi8 sions of this Act and the Child Nutrition Act of 

9 1966 (42 U.S.C. 1771 et seq.) as are necessary 

10 to carry out this subsection. 

11 ‘‘(B) PROVISIONS.—The protections of sec12 tion 9(b)(6) shall apply to any study or pilot 

13 project carried out under this subsection. 

14 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

15 There is authorized to be appropriated to carry out 

16 this subsection such sums as are necessary.’’. 

17 SEC. 133. GLEANING OF FRESH FRUITS AND VEGETABLES. 

18 The Richard B. Russell National School Lunch Act 

19 (42 U.S.C. 1751 et seq.) (as amended by section 132) is 

20 amended by adding at the end the following: 

21 ‘‘SEC. 29. GLEANING OF FRESH FRUITS AND VEGETABLES. 

22 ‘‘(a) IN GENERAL.—The Secretary shall make a 

23 grant to a nongovernmental organization described in sub24 section (b) to establish and maintain a field gleaning oper-
111

•S 2507 RS 

1 ation in a State to encourage the consumption of fresh 

2 fruits and vegetables. 

3 ‘‘(b) NONGOVERNMENTAL ORGANIZATION.—The 

4 nongovernmental organization referred to in subsection 

5 (a) shall— 

6 ‘‘(1) be selected by the Secretary; and 

7 ‘‘(2) be a nonprofit organization that— 

8 ‘‘(A) is an organization described in sec9 tion 501(c)(3) of the Internal Revenue Code of 

10 1986 that is exempt from tax under section 

11 501(a) of that Code; 

12 ‘‘(B) is experienced in providing to needy 

13 individuals fresh fruits and vegetables that 

14 would otherwise go to waste; 

15 ‘‘(C) is experienced in establishing and 

16 maintaining a field gleaning network that co17 ordinates the efforts of volunteers, growers, and 

18 distribution agencies to salvage food for needy 

19 individuals in multiple States; and 

20 ‘‘(D) agrees to provide to related organiza21 tions information regarding field gleaning oper22 ations. 

23 ‘‘(c) FUNDING.— 

24 ‘‘(1) IN GENERAL.—On October 1, 2004, and 

25 on each October 1 thereafter through October 1,
112

•S 2507 RS 

1 2007, out of any funds in the Treasury not other2 wise appropriated, the Secretary of the Treasury 

3 shall transfer to the Secretary of Agriculture to 

4 carry out this section $100,000, of which not more 

5 than 25 percent of the amount made available from 

6 each transfer may be expended in the fiscal year fol7 lowing the fiscal year of the transfer. 

8 ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec9 retary shall be entitled to receive, shall accept, and 

10 shall use to carry out this section the funds trans11 ferred under paragraph (1), without further appro12 priation.’’. 

13 TITLE II—AMENDMENTS TO 

14 CHILD NUTRITION ACT OF 1966 

15 SEC. 201. SEVERE NEED ASSISTANCE. 

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

17 U.S.C. 1773) is amended by striking subsection (d) and 

18 inserting the following: 

19 ‘‘(d) SEVERE NEED ASSISTANCE.—

20 ‘‘(1) IN GENERAL.—Each State educational 

21 agency shall provide additional assistance to schools 

22 in severe need, which shall include only those schools 

23 (having a breakfast program or desiring to initiate 

24 a breakfast program) in which—
113

•S 2507 RS 

1 ‘‘(A) during the most recent second pre2 ceding school year for which lunches were 

3 served, 40 percent or more of the lunches 

4 served to students at the school were served 

5 free or at a reduced price; or 

6 ‘‘(B) in the case of a school in which 

7 lunches were not served during the most recent 

8 second preceding school year, the Secretary oth9 erwise determines that the requirements of sub10 paragraph (A) would have been met. 

11 ‘‘(2) ADDITIONAL ASSISTANCE.—A school, on 

12 the submission of appropriate documentation about 

13 the need circumstances in that school and the eligi14 bility of the school for additional assistance, shall be 

15 entitled to receive the meal reimbursement rate spec16 ified in subsection (b)(2).’’. 

17 SEC. 202. STATE ADMINISTRATIVE EXPENSES. 

18 (a) MINIMUM STATE ADMINISTRATIVE EXPENSE

19 GRANTS.—Section 7 of the Child Nutrition Act of 1966 

20 (42 U.S.C. 1776) is amended— 

21 (1) by striking the section heading and all that 

22 follows through ‘‘(a)(1) Each’’ and inserting the fol23 lowing: 

24 ‘‘SEC. 7. STATE ADMINISTRATIVE EXPENSES. 

25 ‘‘(a) AMOUNT AND ALLOCATION OF FUNDS.— 
114

•S 2507 RS 

1 ‘‘(1) AMOUNT AVAILABLE.— 

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

3 subparagraph (B), each’’; 

4 (2) in subsection (a)— 

5 (A) in paragraph (1)— 

6 (i) by inserting after the first sentence 

7 the following: 

8 ‘‘(B) MINIMUM AMOUNT.—In the case of 

9 each of fiscal years 2005 through 2007, the 

10 Secretary shall make available to each State for 

11 their administrative costs not less than the ini12 tial allocation made to the State under this sub13 section for fiscal year 2004.’’; 

14 (ii) by striking ‘‘The Secretary’’ and 

15 inserting the following: 

16 ‘‘(C) ALLOCATION.—The Secretary’’; and 

17 (iii) by striking the last sentence; and 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘(2) The’’ and insert20 ing the following: 

21 ‘‘(2) EXPENSE GRANTS.—

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), the’’; 

24 (ii) in the second sentence—
115

•S 2507 RS 

1 (I) by striking ‘‘In no case’’ and 

2 inserting the following: 

3 ‘‘(B) MINIMUM AMOUNT.—

4 ‘‘(i) IN GENERAL.—In no case’’; 

5 (II) by striking ‘‘this subsection’’ 

6 and inserting ‘‘this paragraph’’; and 

7 (III) by striking ‘‘$100,000’’ and 

8 inserting ‘‘$200,000 (as adjusted 

9 under clause (ii)’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(ii) ADJUSTMENT.—On October 1, 

13 2008, and each October 1 thereafter, the 

14 minimum dollar amount for a fiscal year 

15 specified in clause (i) shall be adjusted to 

16 reflect the percentage change between—

17 ‘‘(I) the value of the index for 

18 State and local government purchases, 

19 as published by the Bureau of Eco20 nomic Analysis of the Department of 

21 Commerce, for the 12-month period 

22 ending June 30 of the second pre23 ceding fiscal year; and 
116

•S 2507 RS 

1 ‘‘(II) the value of that index for 

2 the 12-month period ending June 30 

3 of the preceding fiscal year.’’. 

4 (b) TECHNOLOGY INFRASTRUCTURE IMPROVE5 MENT.—Section 7 of the Child Nutrition Act of 1966 (42 

6 U.S.C. 1776) is amended by inserting after subsection (h) 

7 (as added by section 129(c)(3)) the following: 

8 ‘‘(i) TECHNOLOGY INFRASTRUCTURE IMPROVE9 MENT.— 

10 ‘‘(1) IN GENERAL.—Each State shall submit to 

11 the Secretary, for approval by the Secretary, an 

12 amendment to the plan required by subsection (e) 

13 that describes the manner in which funds provided 

14 under this section will be used for technology and in15 formation management systems. 

16 ‘‘(2) REQUIREMENTS.—The amendment shall, 

17 at a minimum, describe the manner in which the 

18 State will improve program integrity by— 

19 ‘‘(A) monitoring the nutrient content of 

20 meals served; 

21 ‘‘(B) providing training to schools and 

22 school food authorities on the use of technology 

23 and information management systems for ac24 tivities such as— 

25 ‘‘(i) menu planning; 
117

•S 2507 RS 

1 ‘‘(ii) collection of point-of-sale data; 

2 and 

3 ‘‘(iii) the processing of applications 

4 for free and reduced price meals; and 

5 ‘‘(C) using electronic data to establish 

6 benchmarks to compare and monitor program 

7 integrity, program participation, and financial 

8 data across schools and school food authorities. 

9 ‘‘(3) TECHNOLOGY INFRASTRUCTURE

10 GRANTS.— 

11 ‘‘(A) IN GENERAL.—Subject to the avail12 ability of appropriations to carry out this para13 graph, the Secretary shall, on a competitive 

14 basis, provide funds to States to be used to pro15 vide grants to schools and school food authori16 ties to defray the cost of purchasing or upgrad17 ing technology and information management 

18 systems for use in programs authorized by this 

19 Act (other than section 17) and the Richard B. 

20 Russell National School Lunch Act (42 U.S.C. 

21 1751 et seq.). 

22 ‘‘(B) INFRASTRUCTURE DEVELOPMENT

23 PLAN.—To be eligible to receive a grant under 

24 this paragraph, a school or school food author25 ity shall submit to the State a plan to purchase
118

•S 2507 RS 

1 or upgrade technology and information manage2 ment systems that addresses potential cost sav3 ings and methods to improve program integrity, 

4 including— 

5 ‘‘(i) processing and verification of ap6 plications for free and reduced price meals; 

7 ‘‘(ii) integration of menu planning, 

8 production, and serving data to monitor 

9 compliance with section 9(f)(1) of the 

10 Richard B. Russell National School Lunch 

11 Act (42 U.S.C. 1758(f)(1)); and 

12 ‘‘(iii) compatibility with statewide re13 porting systems. 

14 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated to carry out 

16 this subsection such sums as are necessary for each 

17 of fiscal years 2005 through 2008, to remain avail18 able until expended.’’. 

19 (c) REAUTHORIZATION.—Subsection (j) of section 7 

20 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) (as 

21 redesignated by section 129(c)(2)) is amended by striking 

22 ‘‘2003’’ and inserting ‘‘2008’’. 

23 SEC. 203. WORLD FOOD PRIZE. 

24 Section 15 of the Child Nutrition Act of 1966 (42 

25 U.S.C. 1784) is amended— 
119

•S 2507 RS 

1 (1) by striking the section heading and ‘‘SEC. 

2 15. For the purposes of this Act—’’ and inserting 

3 the following: 

4 ‘‘SEC. 15. DEFINITIONS; MISCELLANEOUS PROVISIONS. 

5 ‘‘(a) DEFINITIONS.—In this Act:’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(b) WORLD FOOD PRIZE.— 

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

9 of appropriations, the Secretary shall provide assist10 ance for activities of the World Food Prize Founda11 tion, including— 

12 ‘‘(A) acquisition or improvement of prop13 erty to serve as headquarters for the World 

14 Food Prize Foundation; 

15 ‘‘(B) support of research and outreach for 

16 improving the quality, quantity, and availability 

17 of food throughout the world; and 

18 ‘‘(C) promotion of educational opportuni19 ties available to students through the World 

20 Food Prize Youth Institute. 

21 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

22 There are authorized to be appropriated such sums 

23 as are necessary to carry out this subsection.’’. 
120

•S 2507 RS 

1 SEC. 204. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 

2 FOR WOMEN, INFANTS, AND CHILDREN. 

3 (a) DEFINITIONS.— 

4 (1) NUTRITION EDUCATION.—Section 17(b) of 

5 the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) 

6 is amended by striking paragraph (7) and inserting 

7 the following: 

8 ‘‘(7) NUTRITION EDUCATION.—The term ‘nutri9 tion education’ means individual and group sessions 

10 and the provision of materials that are designed to 

11 improve health status and achieve positive change in 

12 dietary and physical activity habits, and that empha13 size the relationship between nutrition, physical ac14 tivity, and health, all in keeping with the personal 

15 and cultural preferences of the individual.’’. 

16 (2) SUPPLEMENTAL FOODS.—Section 17(b)(14) 

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

18 1786(b)(14)) is amended in the first sentence by in19 serting after ‘‘children’’ the following: ‘‘and foods 

20 that promote the health of the population served by 

21 the program authorized by this section, as indicated 

22 by relevant nutrition science, public health concerns, 

23 and cultural eating patterns’’. 

24 (3) OTHER TERMS.—Section 17(b) of the Child 

25 Nutrition Act of 1966 (42 U.S.C. 1786(b)) is 

26 amended by adding at the end the following: 
121

•S 2507 RS 

1 ‘‘(22) PRIMARY CONTRACT INFANT FORMULA.—

2 The term ‘primary contract infant formula’ means 

3 the specific infant formula for which manufacturers 

4 submit a bid to a State agency in response to a re5 bate solicitation under this section and for which a 

6 contract is awarded by the State agency as a result 

7 of that bid. 

8 ‘‘(23) STATE ALLIANCE.—The term ‘State alli9 ance’ means 2 or more State agencies that join to10 gether for the purpose of procuring infant formula 

11 under the program by soliciting competitive bids for 

12 infant formula.’’. 

13 (b) ELIGIBILITY.— 

14 (1) CERTIFICATION PERIOD.—Section 17(d)(3) 

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

16 1786(d)(3)) is amended— 

17 (A) by striking ‘‘(3)(A) Persons’’ and in18 serting the following: 

19 ‘‘(3) CERTIFICATION.— 

20 ‘‘(A) PROCEDURES.— 

21 ‘‘(i) IN GENERAL.—Subject to clause 

22 (ii), a person’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(ii) BREASTFEEDING WOMEN.—A 

25 State may elect to certify a breastfeeding 
122

•S 2507 RS 

1 woman for a period of 1 year postpartum 

2 or until a woman discontinues 

3 breastfeeding, whichever is earlier.’’. 

4 (2) PHYSICAL PRESENCE.—Section 

5 17(d)(3)(C)(ii) of the Child Nutrition Act of 1966 

6 (42 U.S.C. 1786(d)(3)(C)(ii)) is amended— 

7 (A) in subclause (I)(bb), by striking ‘‘from 

8 a provider other than the local agency; or’’ and 

9 inserting a semicolon; 

10 (B) in subclause (II), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(III) an infant under 8 weeks of 

14 age— 

15 ‘‘(aa) who cannot be present 

16 at certification for a reason de17 termined appropriate by the local 

18 agency; and 

19 ‘‘(bb) for whom all necessary 

20 certification information is pro21 vided.’’. 

22 (c) ADMINISTRATION.— 

23 (1) PROCESSING VENDOR APPLICATIONS; PAR24 TICIPANT ACCESS.—Section 17(f)(1)(C) of the Child
123

•S 2507 RS 

1 Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is 

2 amended— 

3 (A) in clause (i) by inserting ‘‘at any of 

4 the authorized retail stores under the program’’ 

5 after ‘‘the program’’; 

6 (B) by redesignating clauses (ii) through 

7 (x) as clauses (iii) through (xi), respectively; 

8 and 

9 (C) by inserting after clause (i) the fol10 lowing: 

11 ‘‘(ii) procedures for accepting and processing 

12 vendor applications outside of the established time13 frames if the State agency determines there will be 

14 inadequate access to the program, such as in a case 

15 in which a previously authorized vendor sells a store 

16 under circumstances that do not permit timely noti17 fication to the State agency of the change in owner18 ship;’’. 

19 (2) USE OF CLAIMS FROM LOCAL AGENCIES.—

20 Section 17(f)(21) of the Child Nutrition Act of 1966 

21 (42 U.S.C. 1786(f)(21)) is amended— 

22 (A) in the paragraph heading, by striking 

23 ‘‘vendors’’ and inserting ‘‘local agencies, 

24 vendors,’’; and 
124

•S 2507 RS 

1 (B) by striking ‘‘vendors’’ and inserting 

2 ‘‘local agencies, vendors,’’. 

3 (3) INFANT FORMULA BENEFITS.—

4 (A) IN GENERAL.—Section 17(f) of the 

5 Child Nutrition Act of 1966 (42 U.S.C. 

6 1786(f)) is amended by adding at the end the 

7 following: 

8 ‘‘(25) INFANT FORMULA BENEFITS.—A State 

9 agency may round up to the next whole can of infant 

10 formula to allow all infants under the program to re11 ceive the full-authorized nutritional benefit specified 

12 by regulation.’’. 

13 (B) APPLICABILITY.—The amendment 

14 made by subparagraph (A) applies to infant 

15 formula provided under a contract resulting 

16 from a bid solicitation issued on or after Octo17 ber 1, 2004. 

18 (4) NOTIFICATION OF VIOLATIONS.—Section 

19 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 

20 1786(f)) (as amended by paragraph (3)) is amended 

21 by adding at the end the following: 

22 ‘‘(26) NOTIFICATION OF VIOLATIONS.—If a 

23 State agency finds that a vendor has committed a 

24 violation that requires a pattern of occurrences in 

25 order to impose a penalty or sanction, the State 
125

•S 2507 RS 

1 agency shall notify the vendor of the initial violation 

2 in writing prior to documentation of another viola3 tion, unless the State agency determines that noti4 fying the vendor would compromise an investiga5 tion.’’. 

6 (d) REAUTHORIZATION OF WIC PROGRAM.—Section 

7 17(g) of the Child Nutrition Act of 1966 (42 U.S.C. 

8 1786(g)) is amended by striking ‘‘(g)(1)’’ and all that fol9 lows through ‘‘As authorized’’ in paragraph (1) and insert10 ing the following: 

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) AUTHORIZATION.—There are author14 ized to be appropriated to carry out this section 

15 such sums as are necessary for each of fiscal 

16 years 2004 through 2008. 

17 ‘‘(B) ADVANCE APPROPRIATIONS; AVAIL18 ABILITY.—As authorized’’. 

19 (e) NUTRITION SERVICES AND ADMINISTRATION

20 FUNDS; COMPETITIVE BIDDING; RETAILERS.— 

21 (1) IN GENERAL.—Section 17(h)(2)(A) of the 

22 Child Nutrition Act of 1966 (42 U.S.C. 

23 1786(h)(2)(A)) is amended by striking ‘‘For each of 

24 the fiscal years 1995 through 2003, the’’ and insert25 ing ‘‘The’’. 
126

•S 2507 RS 

1 (2) HEALTHY PEOPLE 2010 INITIATIVE.—Sec2 tion 17(h)(4) of the Child Nutrition Act of 1966 (42 

3 U.S.C. 1786(h)(4)) is amended—

4 (A) in subparagraph (D), by striking ‘‘; 

5 and’’ and inserting a semicolon; 

6 (B) in subparagraph (E), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(F) partner with communities, State and 

10 local agencies, employers, health care profes11 sionals, and other entities in the private sector 

12 to build a supportive breastfeeding environment 

13 for women participating in the program under 

14 this section to support the breastfeeding goals 

15 of the Healthy People 2010 initiative.’’. 

16 (3) SIZE OF STATE ALLIANCES.—Section 

17 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 

18 U.S.C. 1786(h)(8)(A)) is amended by adding at the 

19 end the following: 

20 ‘‘(iv) SIZE OF STATE ALLIANCES.— 

21 ‘‘(I) IN GENERAL.—Except as 

22 provided in subclauses (II) through 

23 (IV), no State alliance may exist 

24 among States if the total number of 

25 infants served by States participating 
127

•S 2507 RS 

1 in the alliance as of October 1, 2003, 

2 or such subsequent date determined 

3 by the Secretary for which data is 

4 available, would exceed 100,000. 

5 ‘‘(II) ADDITION OF INFANT PAR6 TICIPANTS.—In the case of a State al7 liance that exists on the date of enact8 ment of this clause, the alliance may 

9 continue and may expand to serve 

10 more than 100,000 infants but, except 

11 as provided in subclause (III), may 

12 not expand to include any additional 

13 State agency. 

14 ‘‘(III) ADDITION OF SMALL

15 STATE AGENCIES AND INDIAN STATE

16 AGENCIES.—Any State alliance may 

17 expand to include any State agency 

18 that served less than 5,000 infant 

19 participants as of October 1, 2003, or 

20 such subsequent date determined by 

21 the Secretary for which data is avail22 able, or any Indian State agency, if 

23 the State agency requests to join the 

24 State alliance.
128

•S 2507 RS 

1 ‘‘(IV) SECRETARIAL WAIVER.—

2 The Secretary may waive the require3 ments of this clause not earlier than 

4 30 days after submitting to the Com5 mittee on Education and the Work6 force of the House of Representatives 

7 and the Committee on Agriculture, 

8 Nutrition, and Forestry of the Senate 

9 a written report that describes the 

10 cost-containment and competitive ben11 efits of the proposed waiver.’’. 

12 (4) PRIMARY CONTRACT INFANT FORMULA.—

13 (A) IN GENERAL.—Section 17(h)(8)(A) of 

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

15 1786(8)(A)) (as amended by paragraph (3)) is 

16 amended— 

17 (i) in clause (ii)(I), by striking ‘‘con18 tract brand of’’ and inserting ‘‘primary 

19 contract’’; 

20 (ii) in clause (iii), by inserting ‘‘for a 

21 primary contract infant formula’’ after 

22 ‘‘lowest net price’’; and 

23 (iii) by adding the following at the 

24 end: 
129

•S 2507 RS 

1 ‘‘(v) FIRST CHOICE OF ISSUANCE.—

2 The State agency shall use the primary 

3 contract infant formula as the first choice 

4 of issuance (by formula type), with all 

5 other infant formulas issued as an alter6 native to the primary contract infant for7 mula.’’. 

8 (B) APPLICABILITY.—The amendment 

9 made by subparagraph (A)(iii) applies to a con10 tract resulting from a bid solicitation issued on 

11 or after October 1, 2004. 

12 (5) REBATE INVOICES.—Section 17(h)(8)(A) of 

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

14 1786(h)(8)(A)) (as amended by paragraph 

15 (4)(A)(iii)) is amended by adding the following at 

16 the end: 

17 ‘‘(vi) REBATE INVOICES.—Each State 

18 agency shall have a system to ensure that 

19 infant formula rebate invoices, under com20 petitive bidding, provide a reasonable esti21 mate or an actual count of the number of 

22 units sold to participants in the program 

23 under this section.’’. 

24 (6) UNCOUPLING MILK AND SOY BIDS.— 
130

•S 2507 RS 

1 (A) IN GENERAL.—Section 17(h)(8)(A) of 

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

3 1786(h)(8)(A)) (as amended by paragraph (5)) 

4 is amended by adding at the end the following: 

5 ‘‘(vii) SEPARATE SOLICITATIONS.—In 

6 soliciting bids for infant formula under a 

7 competitive bidding system, any State 

8 agency, or State alliance, that served under 

9 the program a monthly average of more 

10 than 100,000 infants during the preceding 

11 12-month period shall solicit bids from in12 fant formula manufacturers under proce13 dures that require that bids for rebates or 

14 discounts are solicited for milk-based and 

15 soy-based infant formula separately.’’. 

16 (B) APPLICABILITY.—The amendment 

17 made by this paragraph applies to a bid solici18 tation issued on or after October 1, 2004. 

19 (7) CENT-FOR-CENT ADJUSTMENTS.— 

20 (A) IN GENERAL.—Section 17(h)(8)(A) of 

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

22 1786(h)(8)(A)) (as amended by paragraph 

23 (6)(A)) is amended by adding at the end the 

24 following: 
131

•S 2507 RS 

1 ‘‘(viii) CENT-FOR-CENT ADJUST2 MENTS.—A bid solicitation for infant for3 mula under the program shall require the 

4 manufacturer to adjust for price changes 

5 subsequent to the opening of the bidding 

6 process in a manner that requires— 

7 ‘‘(I) a cent-for-cent increase in 

8 the rebate amounts if there is an in9 crease in the lowest national wholesale 

10 price for a full truckload of the par11 ticular infant formula; and 

12 ‘‘(II) a cent-for-cent decrease in 

13 the rebate amounts if there is a de14 crease in the lowest national wholesale 

15 price for a full truckload of the par16 ticular infant formula.’’. 

17 (B) CONFORMING AMENDMENT.—Section 

18 17(h)(8)(A)(ii) of the Child Nutrition Act of 

19 1966 (42 U.S.C. 1786(h)(8)(A)(ii)) is amended 

20 by striking ‘‘rise’’ and inserting ‘‘change’’. 

21 (C) APPLICABILITY.—The amendments 

22 made by this paragraph apply to a bid solicita23 tion issued on or after October 1, 2004. 

24 (8) LIST OF INFANT FORMULA WHOLESALERS, 

25 DISTRIBUTORS, RETAILERS, AND MANUFACTUR-
132

•S 2507 RS 

1 ERS.—Section 17(h)(8)(A) of the Child Nutrition 

2 Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as amended 

3 by paragraph (7)) is amended by adding at the end 

4 the following: 

5 ‘‘(ix) LIST OF INFANT FORMULA

6 WHOLESALERS, DISTRIBUTORS, RETAIL7 ERS, AND MANUFACTURERS.—The State 

8 agency shall maintain a list of— 

9 ‘‘(I) infant formula wholesalers, 

10 distributors, and retailers licensed in 

11 the State in accordance with State 

12 law (including regulations); and 

13 ‘‘(II) infant formula manufactur14 ers registered with the Food and 

15 Drug Administration that provide in16 fant formula. 

17 ‘‘(x) PURCHASE REQUIREMENT.—A 

18 vendor authorized to participate in the pro19 gram under this section shall only pur20 chase infant formula from the list de21 scribed in clause (ix).’’. 

22 (9) FUNDS FOR INFRASTRUCTURE, MANAGE23 MENT INFORMATION SYSTEMS, AND SPECIAL NUTRI24 TION EDUCATION.—Section 17(h) of the Child Nu25 trition Act of 1966 (42 U.S.C. 1786(h)) is amended
133

•S 2507 RS 

1 by striking paragraph (10) and inserting the fol2 lowing: 

3 ‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGE4 MENT INFORMATION SYSTEMS, AND SPECIAL NUTRI5 TION EDUCATION.— 

6 ‘‘(A) IN GENERAL.—For each of fiscal 

7 years 2006 through 2008, the Secretary shall 

8 use for the purposes specified in subparagraph 

9 (B), $64,000,000 or the amount of nutrition 

10 services and administration funds and supple11 mental food funds for the prior fiscal year that 

12 have not been obligated, whichever is less. 

13 ‘‘(B) PURPOSES.—Of the amount made 

14 available under subparagraph (A) for a fiscal 

15 year, not more than— 

16 ‘‘(i) $14,000,000 shall be used for— 

17 ‘‘(I) infrastructure for the pro18 gram under this section; 

19 ‘‘(II) special projects to promote 

20 breastfeeding, including projects to 

21 assess the effectiveness of particular 

22 breastfeeding promotion strategies; 

23 and 
134

•S 2507 RS 

1 ‘‘(III) special State projects of 

2 regional or national significance to 

3 improve the services of the program; 

4 ‘‘(ii) $30,000,000 shall be used to es5 tablish, improve, or administer manage6 ment information systems for the program, 

7 including changes necessary to meet new 

8 legislative or regulatory requirements of 

9 the program; and 

10 ‘‘(iii) $20,000,000 shall be used for 

11 special nutrition education such as breast 

12 feeding peer counselors and other related 

13 activities. 

14 ‘‘(C) PROPORTIONAL DISTRIBUTION.—In a 

15 case in which less than $64,000,000 is available 

16 to carry out this paragraph, the Secretary shall 

17 make a proportional distribution of funds allo18 cated under subparagraph (B).’’. 

19 (10) VENDOR COST CONTAINMENT.—Section 

20 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 

21 1786(h) is amended by striking paragraph (11) and 

22 inserting the following: 

23 ‘‘(11) VENDOR COST CONTAINMENT.—

24 ‘‘(A) PEER GROUPS.—The State agency of 

25 a State shall—
135

•S 2507 RS 

1 ‘‘(i) establish a vendor peer group sys2 tem; and 

3 ‘‘(ii) in accordance with subpara4 graphs (B) and (C), establish competitive 

5 price criteria and allowable reimbursement 

6 levels for each vendor peer group. 

7 ‘‘(B) COMPETITIVE PRICING.—

8 ‘‘(i) IN GENERAL.—The State agency 

9 shall establish competitive price criteria for 

10 the selection of vendors for participation in 

11 the program that—

12 ‘‘(I) ensure that the retail prices 

13 charged by vendor applicants for the 

14 program are competitive with the 

15 prices charged by other vendors; and 

16 ‘‘(II) consider—

17 ‘‘(aa) the shelf prices of the 

18 vendor for all buyers; or 

19 ‘‘(bb) the prices that the 

20 vendor bid for supplemental 

21 foods, which shall not exceed the 

22 shelf prices of the vendor for all 

23 buyers. 

24 ‘‘(ii) PARTICIPANT ACCESS.—The 

25 State agency shall ensure that the competi-
136

•S 2507 RS 

1 tive price criteria do not result in inad2 equate program participant access by geo3 graphic area. 

4 ‘‘(iii) SUBSEQUENT PRICE IN5 CREASES.—The State agency shall estab6 lish procedures to ensure that a retail store 

7 selected for participation in the program 

8 does not, subsequent to selection, increase 

9 prices to levels that would otherwise make 

10 the store ineligible for participation in the 

11 program. 

12 ‘‘(C) ALLOWABLE REIMBURSEMENT LEV13 ELS.—

14 ‘‘(i) IN GENERAL.—The State agency 

15 shall establish allowable reimbursement 

16 levels for supplemental foods for each ven17 dor peer group that ensure—

18 ‘‘(I) that payments to vendors in 

19 the vendor peer group reflect competi20 tive retail prices; and 

21 ‘‘(II) that the State agency does 

22 not reimburse a vendor for supple23 mental foods at a level that would 

24 otherwise make the vendor ineligible 

25 for authorization. 
137

•S 2507 RS 

1 ‘‘(ii) PRICE FLUCTUATIONS.—The al2 lowable reimbursement levels may include 

3 a factor to reflect fluctuations in wholesale 

4 prices. 

5 ‘‘(iii) PARTICIPANT ACCESS.—The 

6 State agency shall ensure that the allow7 able reimbursement levels do not result in 

8 inadequate program participant access in a 

9 geographic area. 

10 ‘‘(D) EXEMPTIONS.—The State agency 

11 may exempt from competitive price criteria and 

12 allowable reimbursement levels established 

13 under this paragraph—

14 ‘‘(i) pharmacy vendors that supply 

15 only exempt infant formula or medical 

16 foods that are eligible under the program; 

17 and 

18 ‘‘(ii) vendors—

19 ‘‘(I)(aa) for which more than 50 

20 percent of the annual revenue of the 

21 vendor from the sale of food items 

22 consists of revenue from the sale of 

23 supplemental foods that are obtained 

24 with food instruments; or 
138

•S 2507 RS 

1 ‘‘(bb) who are new applicants 

2 under criteria established by the Sec3 retary; and 

4 ‘‘(II) that are nonprofit. 

5 ‘‘(E) COST CONTAINMENT.—The State 

6 agency shall demonstrate to the Secretary, and 

7 the Secretary shall certify, that—

8 ‘‘(i) the competitive price criteria and 

9 allowable reimbursement levels established 

10 under this paragraph for vendors described 

11 in subparagraph (D)(ii)(I) do not result in 

12 higher food costs than if program partici13 pants redeemed supplemental food vouch14 ers at vendors other than vendors de15 scribed in subparagraph (D)(ii)(I); and 

16 ‘‘(ii) vendor peer groups established 

17 under subparagraph (A)(i) distinguish be18 tween vendors described in subparagraph 

19 (D)(ii)(I) and other vendors. 

20 ‘‘(F) IMPLEMENTATION.—A State agency 

21 shall comply with this paragraph not later than 

22 18 months after the date of enactment of this 

23 paragraph.’’. 

24 (11) IMPOSITION OF COSTS ON RETAIL

25 STORES.—Section 17(h) of the Child Nutrition Act
139

•S 2507 RS 

1 of 1966 (42 U.S.C. 1786(h)) is amended by striking 

2 paragraph (12) and inserting the following: 

3 ‘‘(12) IMPOSITION OF COSTS ON RETAIL

4 STORES.—The Secretary may not impose, or allow a 

5 State agency to impose, the costs of any equipment, 

6 system, or processing required for electronic benefit 

7 transfers on any retail store authorized to transact 

8 food instruments, as a condition for authorization or 

9 participation in the program.’’. 

10 (12) UNIVERSAL PRODUCT CODES DATABASE.—

11 Section 17(h) of the Child Nutrition Act of 1966 (42 

12 U.S.C. 1786(h)) (as amended by paragraph (11)) is 

13 amended by adding at the end the following: 

14 ‘‘(13) UNIVERSAL PRODUCT CODES DATA15 BASE.—The Secretary shall— 

16 ‘‘(A) establish a national universal product 

17 code database for use by all State agencies in 

18 carrying out the program; and 

19 ‘‘(B) make available from appropriated 

20 funds such sums as are required for hosting, 

21 hardware and software configuration, and sup22 port of the database.’’. 

23 (13) INCENTIVE ITEMS.—Section 17(h) of the 

24 Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) (as 
140

•S 2507 RS 

1 amended by paragraph (12)) is amended by adding 

2 at the end the following: 

3 ‘‘(14) INCENTIVE ITEMS.—A State agency shall 

4 not authorize or make payments to a vendor de5 scribed in paragraph (11)(D)(ii)(I) that provides in6 centive items or other free merchandise to program 

7 participants unless the vendor provides to the State 

8 agency proof that the vendor obtained the incentive 

9 items or merchandise at no cost.’’. 

10 (f) SPEND FORWARD AUTHORITY.—Section 

11 17(i)(3)(A)(ii)(I) of the Child Nutrition Act of 1966 (42 

12 U.S.C. 1786(i)(3)(A)(ii)(I)) is amended by striking ‘‘1 

13 percent’’ and inserting ‘‘3 percent’’. 

14 (g) MIGRANT AND COMMUNITY HEALTH CENTERS

15 INITIATIVE.—Section 17(j) of the Child Nutrition Act of 

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

17 (1) by striking paragraph (4); and 

18 (2) by redesignating paragraph (5) as para19 graph (4). 

20 (h) FARMERS’ MARKET NUTRITION PROGRAM.— 

21 (1) ROADSIDE STANDS.—Section 17(m)(1) of 

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

23 1786(m)(1)) is amended by inserting ‘‘and (at the 

24 option of a State) roadside stands’’ after ‘‘farmers’ 

25 markets’’. 
141

•S 2507 RS 

1 (2) MATCHING FUNDS.—Section 17(m)(3) of 

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

3 1786(m)(3)) is amended by striking ‘‘total’’ both 

4 places it appears and inserting ‘‘administrative’’. 

5 (3) BENEFIT VALUE.—Section 17(m)(5)(C)(ii) 

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

7 1786(m)(5)(C)(ii)) is amended by striking ‘‘$20’’ 

8 and inserting ‘‘$30’’. 

9 (4) REAUTHORIZATION.—Section 17(m)(9)(A) 

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

11 1786(m)(9)(A)) is amended by striking clause (i) 

12 and inserting the following: 

13 ‘‘(i) AUTHORIZATION OF APPROPRIA14 TIONS.—There are authorized to be appro15 priated to carry out this subsection such 

16 sums as are necessary for each of fiscal 

17 years 2004 through 2008.’’. 

18 (i) DEMONSTRATION PROJECT RELATING TO USE OF

19 WIC PROGRAM FOR IDENTIFICATION AND ENROLLMENT

20 OF CHILDREN IN CERTAIN HEALTH PROGRAMS.—

21 (1) IN GENERAL.—Section 17 of the Child Nu22 trition Act of 1966 (42 U.S.C. 1786) is amended by 

23 striking subsection (r). 

24 (2) CONFORMING AMENDMENT.—Section 12 of 

25 the Richard B. Russell National School Lunch Act 
142

•S 2507 RS 

1 (42 U.S.C. 1760) is amended by striking subsection 

2 (p). 

3 (j) DEMONSTRATION PROJECT RELATING TO OFFER4 ING FRESH, FROZEN, OR CANNED FRUITS AND VEGETA5 BLES TO WIC PARTICIPANTS.—Section 17 of the Child 

6 Nutrition Act of 1966 (42 U.S.C. 1786) (as amended by 

7 subsection (i)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(r) DEMONSTRATION PROJECT RELATING TO OF10 FERING FRESH, FROZEN, OR CANNED FRUITS AND VEGE11 TABLES TO WIC PARTICIPANTS.— 

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

13 of appropriations to carry out this subsection, the 

14 Secretary shall award grants for demonstration 

15 projects involving not more than 5 local agencies to 

16 not more than 5 State agencies to evaluate the feasi17 bility and acceptance of offering fresh, frozen, or 

18 canned fruits and vegetables to participants in the 

19 program established under this section. 

20 ‘‘(2) LOCAL SITES.—In making grants under 

21 this subsection, the Secretary shall ensure that State 

22 agencies select sites determined to be geographically 

23 and culturally representative of local and Indian 

24 agencies. 
143

•S 2507 RS 

1 ‘‘(3) ADDITIONAL FOOD.—The provision of 

2 fruits and vegetables to program participants under 

3 this subsection shall be in addition to the food pack4 age offered to the participants under other provi5 sions of this section and not in lieu of any food item 

6 in the food package. 

7 ‘‘(4) REPORT.—Not later than 1 year after 

8 funds are first made available to carry out this sub9 section, the Secretary shall submit to the Committee 

10 on Education and the Workforce of the House of 

11 Representatives and the Committee on Agriculture, 

12 Nutrition, and Forestry of the Senate a report that 

13 describes the results of carrying out this subsection. 

14 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated such sums 

16 as are necessary to carry out this subsection. 

17 ‘‘(6) TERMINATION OF AUTHORITY.—The au18 thority provided by this subsection (other than para19 graph (4)) terminates September 30, 2005.’’. 

20 SEC. 205. TEAM NUTRITION NETWORK. 

21 (a) TEAM NUTRITION NETWORK.—Section 19 of the 

22 Child Nutrition Act of 1966 (42 U.S.C. 1788) is amended 

23 to read as follows:
144

•S 2507 RS 

1 ‘‘SEC. 19. TEAM NUTRITION NETWORK. 

2 ‘‘(a) PURPOSES.—The purposes of the team nutrition 

3 network are—

4 ‘‘(1) to promote the nutritional health of school 

5 children of the United States through nutrition edu6 cation and the use of team nutrition messages and 

7 materials developed by the Secretary, and to encour8 age physical activity and other activities that sup9 port healthy lifestyles for children, based on the 

10 most recent Dietary Guidelines for Americans pub11 lished under section 301 of the National Nutrition 

12 Monitoring and Related Research Act of 1990 (7 

13 U.S.C. 5341); 

14 ‘‘(2) to provide assistance to States for the de15 velopment of nutrition education and active living 

16 programs in schools and facilities that participate in 

17 child nutrition programs through the use of team 

18 nutrition messages and materials developed by the 

19 Secretary; 

20 ‘‘(3) to provide training and technical assist21 ance to States, school and community nutrition pro22 grams, and child nutrition food service professionals; 

23 and 

24 ‘‘(4) to coordinate and collaborate with other 

25 nutrition education and active living programs that 

26 share similar goals and purposes. 
145

•S 2507 RS 

1 ‘‘(b) DEFINITION OF TEAM NUTRITION NETWORK.—

2 In this section, the term ‘team nutrition network’ means 

3 a multidisciplinary program to promote healthy eating to 

4 children based on scientifically valid information and 

5 sound educational, social, and marketing principles. 

6 ‘‘(c) GRANTS.—

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

8 of funds for use in carrying out this section, in addi9 tion to any other funds made available to the Sec10 retary for team nutrition purposes, the Secretary 

11 may make grants to State agencies for each fiscal 

12 year, in accordance with this section, to establish 

13 team nutrition networks to promote nutrition edu14 cation through—

15 ‘‘(A) the use of team nutrition network 

16 messages and materials developed by the Sec17 retary; and 

18 ‘‘(B) the promotion of active lifestyles as 

19 part of food service programs under this Act 

20 and the Richard B. Russell National School 

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

22 ‘‘(2) FORM.—A portion of the grants provided 

23 under this subsection may be in the form of competi24 tive grants. 
146

•S 2507 RS 

1 ‘‘(3) FUNDS FROM NONGOVERNMENTAL

2 SOURCES.—In carrying out this subsection, the Sec3 retary may accept cash contributions from non4 governmental organizations made expressly to fur5 ther the purposes of this section, to be managed by 

6 the Food and Nutrition Service, for use by the Sec7 retary and the States in carrying out this section. 

8 ‘‘(d) ALLOCATION.—Subject to the availability of 

9 funds for use in carrying out this section, the total amount 

10 of funds made available for a fiscal year for grants under 

11 this section shall equal not more than the sum of—

‘‘(1) the product obtained by multiplying 1 12 ⁄2

13 cent by the number of lunches reimbursed through 

14 food service programs under the Richard B. Russell 

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

16 during the second preceding fiscal year in schools, 

17 institutions, and service institutions that participate 

18 in the food service programs; and 

19 ‘‘(2) the total value of funds received by the 

20 Secretary in support of this section from nongovern21 mental sources. 

22 ‘‘(e) REQUIREMENTS FOR STATE PARTICIPATION.—

23 To be eligible to receive a grant under this section, a State 

24 agency shall submit to the Secretary a plan that—
147

•S 2507 RS 

1 ‘‘(1) is subject to approval by the Secretary; 

2 and 

3 ‘‘(2) is submitted at such time and in such 

4 manner, and that contains such information, as the 

5 Secretary may require, including—

6 ‘‘(A) a description of the goals and pri7 mary healthy eating and physical activity mes8 sages of the proposed team nutrition network; 

9 ‘‘(B) an analysis of the means by which 

10 the State agency will use and disseminate the 

11 team nutrition messages and materials devel12 oped by the Secretary; 

13 ‘‘(C) an explanation of the ways in which 

14 the State agency will use the funds from the 

15 grant to promote healthy eating and physical 

16 activity and fitness in schools throughout the 

17 State; 

18 ‘‘(D) a description of the ways in which 

19 team nutrition network messages and materials 

20 developed by the Secretary will be used to co21 ordinate nutrition and physical activities at the 

22 State level with other health promotion and 

23 education activities; 

24 ‘‘(E) an annual summary of the team nu25 trition network activities; 
148

•S 2507 RS 

1 ‘‘(F) a description of the ways in which the 

2 total school environment will support healthy 

3 eating and physical activity; and 

4 ‘‘(G) a description of how all communica5 tions to parents and legal guardians of students 

6 who are members of a household receiving or 

7 applying for assistance under the program shall 

8 be in an understandable and uniform format 

9 and, to the extent practicable, in a language 

10 that parents and legal guardians can under11 stand. 

12 ‘‘(f) STATE COORDINATOR.—Each State that receives 

13 a grant under this section shall appoint a team nutrition 

14 network coordinator who shall—

15 ‘‘(1) administer and coordinate the team nutri16 tion network within and across schools, school food 

17 authorities, and other child nutrition program pro18 viders in the State; and 

19 ‘‘(2) coordinate activities of the Secretary, act20 ing through the Food and Nutrition Service, and 

21 State agencies responsible for other children’s 

22 health, education, and wellness programs to imple23 ment a comprehensive, coordinated team nutrition 

24 network program.
149

•S 2507 RS 

1 ‘‘(g) AUTHORIZED ACTIVITIES.—A State agency that 

2 receives a grant under this section may use funds from 

3 the grant—

4 ‘‘(1)(A) to collect, analyze, and disseminate 

5 data regarding the extent to which children and 

6 youths in the State are overweight, physically inac7 tive, or otherwise suffering from nutrition-related de8 ficiencies or disease conditions; and 

9 ‘‘(B) to identify the programs and services 

10 available to meet those needs; 

11 ‘‘(2) to implement model elementary and sec12 ondary education curricula using team nutrition net13 work messages and materials developed by the Sec14 retary to create a comprehensive, coordinated nutri15 tion and physical fitness awareness and obesity pre16 vention program; 

17 ‘‘(3) to implement pilot projects in schools to 

18 promote physical activity and to enhance the nutri19 tional status of students; 

20 ‘‘(4) to improve access to local foods through 

21 farm-to-cafeteria activities that may include the ac22 quisition of food and the provision of training and 

23 education; 

24 ‘‘(5) to implement State guidelines in health 

25 (including nutrition education and physical edu-
150

•S 2507 RS 

1 cation guidelines) and to emphasize regular physical 

2 activity during school hours; 

3 ‘‘(6) to establish healthy eating and lifestyle 

4 policies in schools; and 

5 ‘‘(7) to provide training and technical assist6 ance to teachers and school food service profes7 sionals consistent with the purposes of this section. 

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as are nec10 essary to carry out this section.’’. 

11 (b) CONFORMING AMENDMENT.—Section 

12 21(c)(2)(E) of the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1769b–1(c)(2)(E)) is amended by 

14 striking ‘‘, including’’ and all that follows through ‘‘1966’’. 

15 SEC. 206. REVIEW OF BEST PRACTICES IN THE BREAKFAST 

16 PROGRAM. 

17 (a) REVIEW.—

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

19 funds under subsection (c), the Secretary of Agri20 culture shall enter into an agreement with a re21 search organization to collect and disseminate a re22 view of best practices to assist school food authori23 ties in addressing existing impediments at the State 

24 and local level that hinder the growth of the school 
151

•S 2507 RS 

1 breakfast program under section 4 of the Child Nu2 trition Act of 1966 (42 U.S.C. 1773). 

3 (2) RECOMMENDATIONS.—The review shall de4 scribe model breakfast programs and offer rec5 ommendations for schools to overcome obstacles, in6 cluding—

7 (A) the length of the school day; 

8 (B) bus schedules; and 

9 (C) potential increases in costs at the 

10 State and local level. 

11 (b) DISSEMINATION.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary shall—

13 (1) make the review required under subsection 

14 (a) available to school food authorities via the Inter15 net, including recommendations to improve partici16 pation in the school breakfast program; and 

17 (2) transmit to Committee on Education and 

18 the Workforce of the House of Representatives and 

19 the Committee on Agriculture, Nutrition, and For20 estry of the Senate a copy of the review. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as are nec23 essary to carry out this section. 
152

•S 2507 RS 

1 TITLE III—COMMODITY 

2 DISTRIBUTION PROGRAMS 

3 SEC. 301. COMMODITY DISTRIBUTION PROGRAMS. 

4 Section 15 of the Commodity Distribution Reform 

5 Act and WIC Amendments of 1987 (7 U.S.C. 612c note; 

6 Public Law 100–237) is amended by striking subsection 

7 (e). 

8 TITLE IV—MISCELLANEOUS 

9 SEC. 401. FOOD EMPLOYMENT EMPOWERMENT AND DEVEL10 OPMENT PROGRAM. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means an entity that meets the requirements of 

14 subsections (c) and (g). 

15 (2) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Agriculture. 

17 (3) VULNERABLE SUBPOPULATION.—

18 (A) IN GENERAL.—The term ‘‘vulnerable 

19 subpopulation’’ means low-income individuals, 

20 unemployed individuals, and other subpopula21 tions identified by the Secretary as being likely 

22 to experience special risks from hunger or a 

23 special need for job training. 

24 (B) INCLUSIONS.—The term ‘‘vulnerable 

25 subpopulation’’ includes—
153

•S 2507 RS 

1 (i) addicts (as defined in section 102 

2 of the Controlled Substances Act (21 

3 U.S.C. 802)); 

4 (ii) at-risk youths (as defined in sec5 tion 1432 of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 

7 6472)); 

8 (iii) individuals that are basic skills 

9 deficient (as defined in section 101 of the 

10 Workforce Investment Act of 1998 (29 

11 U.S.C. 2801)); 

12 (iv) homeless individuals (as defined 

13 in section 17(b) of the Child Nutrition Act 

14 of 1966 (42 U.S.C. 1786(b)); 

15 (v) homeless youths (as defined in sec16 tion 387 of the Runaway and Homeless 

17 Youth Act (42 U.S.C. 5732a)); 

18 (vi) individuals with disabilities (as 

19 defined in section 3 of the Americans with 

20 Disabilities Act of 1990 (42 U.S.C. 

21 12102)); 

22 (vii) low-income individuals (as de23 fined in section 101 of the Workforce In24 vestment Act of 1998 (29 U.S.C. 2801)); 

25 and
154

•S 2507 RS 

1 (viii) older individuals (as defined in 

2 section 102 of the Older Americans Act of 

3 1965 (42 U.S.C. 3002)). 

4 (b) PROGRAM.—The Secretary shall establish a food 

5 employment empowerment and development program 

6 under which the Secretary shall make grants to eligible 

7 entities to encourage the effective use of community re8 sources to combat hunger and the root causes of hunger 

9 by creating opportunity through food recovery, job train10 ing, and community service. 

11 (c) ELIGIBLE ENTITIES.—Subject to subsection (g), 

12 to be eligible to receive a grant under this section, an enti13 ty shall be a public agency, or private nonprofit institu14 tion, that conducts 2 or more of the following activities 

15 as an integral part of the normal operation of the entity: 

16 (1) Recovery of donated food from area res17 taurants, caterers, hotels, cafeterias, or other food 

18 service businesses for the purpose of converting res19 cued food and other donated and purchased foods 

20 into balanced meals for vulnerable subpopulations. 

21 (2) Distribution of meals to—

22 (A) nonprofit organizations described in 

23 section 501(c)(3) of the Internal Revenue Code 

24 of 1986; 
155

•S 2507 RS 

1 (B) entities that feed vulnerable sub2 populations; and 

3 (C) other agencies considered appropriate 

4 by the Secretary. 

5 (3) Training of unemployed and underemployed 

6 adults for careers in the food service industry. 

7 (4) Engaging people through community service 

8 and leadership training in developing resource-con9 scious community solutions. 

10 (5) Carrying out of a welfare-to-work job train11 ing program in combination with— 

12 (A) production of school meals, such as 

13 school meals served under the Richard B. Rus14 sell National School Lunch Act (42 U.S.C. 

15 1751 et seq.) or the Child Nutrition Act of 

16 1966 (42 U.S.C. 1771 et seq.); or 

17 (B) support for after-school programs, 

18 such as programs conducted by community 

19 learning centers (as defined in section 4201(b) 

20 of the Elementary and Secondary Education 

21 Act of 1965 (20 U.S.C. 7171(b))). 

22 (d) USES.—An eligible entity may use a grant award23 ed under this section for— 

24 (1) capital investments related to the operation 

25 of the eligible entity; 
156

•S 2507 RS 

1 (2) support services for clients (including staff) 

2 of the eligible entity and individuals enrolled in job 

3 training programs; 

4 (3) purchase of equipment and supplies related 

5 to the operation of the eligible entity or that improve 

6 or directly affect service delivery; 

7 (4) building and kitchen renovations that im8 prove or directly affect service delivery; 

9 (5) educational material and services; 

10 (6) administrative costs, in accordance with 

11 guidelines established by the Secretary; and 

12 (7) additional activities determined appropriate 

13 by the Secretary. 

14 (e) PREFERENCES.—In awarding grants under this 

15 section, the Secretary shall give preference to eligible enti16 ties that perform any of the following activities: 

17 (1) Carrying out food recovery programs that 

18 are integrated with— 

19 (A) culinary worker training programs, 

20 such as programs conducted by a food service 

21 management institute under section 21 of the 

22 Richard B. Russell National School Lunch Act 

23 (42 U.S.C. 1769b–1); 

24 (B) school education programs; or 
157

•S 2507 RS 

1 (C) programs of service-learning (as de2 fined in section 101 of the National and Com3 munity Service Act of 1990 (42 U.S.C. 

4 12511)). 

5 (2) Carrying out programs that engage in out6 reach and make use of local community services ef7 forts. 

8 (3) Providing meals to individuals in need. 

9 (4) Providing job skills training, life skills train10 ing, and case management support to hard-to-serve 

11 populations, including— 

12 (A) homeless individuals; 

13 (B) individuals recovering from substance 

14 abuse; 

15 (C) individuals with a history of incarcer16 ation or probation; 

17 (D) at-risk youth; 

18 (E) mothers leaving welfare; and 

19 (F) adults without a secondary school di20 ploma or its recognized equivalent. 

21 (5) Maximizing the use of existing school, com22 munity, or private food service facilities and re23 sources. 
158

•S 2507 RS 

1 (6) Providing community service leadership 

2 training for students at institutions of higher edu3 cation and other schools. 

4 (f) ELIGIBILITY FOR JOB TRAINING.—To be eligible 

5 to receive job training assistance from an eligible entity 

6 using a grant made available under this section, an indi7 vidual shall be— 

8 (1) a low-income individual; and 

9 (2) an individual who is a member of a vulner10 able subpopulation, other than an at-risk youth or a 

11 homeless youth. 

12 (g) ELIGIBILITY FOR MEALS.— In addition to the re13 quirements of subsection (c), to be eligible to serve meals 

14 using a grant made available under this section, an eligible 

15 entity shall— 

16 (1) provide vulnerable subpopulations with 

17 meals and complementary basic support services 

18 (such as case management, education, housing, or 

19 similar services, as determined necessary by the Sec20 retary); 

21 (2) demonstrate to the Secretary that the use 

22 of the grant to serve meals increases the capacity of 

23 the eligible entity to provide services to clients of the 

24 eligible entity; and
159

•S 2507 RS 

1 (3) comply with food handling and community 

2 service requirements of a community kitchen. 

3 (h) PERFORMANCE INDICATORS.—The Secretary 

4 shall establish, for each year of the program, performance 

5 indicators, and expected levels of performance, for meals, 

6 job training, and community service for eligible entities to 

7 continue to receive and use grants under this section. 

8 (i) TECHNICAL ASSISTANCE.— 

9 (1) IN GENERAL.—The Secretary shall provide 

10 technical assistance to eligible entities that receive 

11 grants under this section to assist the eligible enti12 ties in carrying out programs under this section 

13 using the grants. 

14 (2) FORM.—Technical assistance for a program 

15 provided under this subsection includes— 

16 (A) maintenance of a website, newsletters, 

17 email communications, and other tools to pro18 mote shared communications, expertise, and 

19 best practices; 

20 (B) hosting of an annual meeting or other 

21 forums to provide education and outreach to all 

22 programs participants; 

23 (C) collection of data for each program to 

24 ensure that the performance indicators and pur25 poses of the program are met or exceeded; 
160

•S 2507 RS 

1 (D) intervention (if necessary) to assist an 

2 eligible entity to carry out the program in a 

3 manner that meets or exceeds the performance 

4 indicators and purposes of the program; 

5 (E) consultation and assistance to an eligi6 ble entity to assist the eligible entity in pro7 viding the best services practicable to the com8 munity served by the eligible entity, including 

9 consultation and assistance related to— 

10 (i) strategic plans; 

11 (ii) board development; 

12 (iii) fund development; 

13 (iv) mission development; and 

14 (v) other activities considered appro15 priate by the Secretary; 

16 (F) assistance considered appropriate by 

17 the Secretary regarding— 

18 (i) the status of program participants; 

19 (ii) the demographic characteristics of 

20 program participants that affect program 

21 services; 

22 (iii) any new idea that could be inte23 grated into the program; and 

24 (iv) the review of grant proposals; and 
161

•S 2507 RS 

1 (G) any other forms of technical assistance 

2 the Secretary considers appropriate. 

3 (j) RELATIONSHIP TO OTHER LAW.—An action 

4 taken by an eligible entity using a grant provided under 

5 this section shall be covered by the Bill Emerson Good 

6 Samaritan Food Donation Act (42 U.S.C. 1791). 

7 (k) MAXIMUM AMOUNT OF GRANT.—The amount of 

8 grants provided to an eligible entity for a fiscal year under 

9 this section shall not exceed $200,000. 

10 (l) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There are authorized to be 

12 appropriated to carry out this section $20,000,000 

13 for each of fiscal years 2005 through 2008. 

14 (2) TECHNICAL ASSISTANCE.—Of the amount 

15 of funds that are made available for a fiscal year 

16 under paragraph (1), the Secretary shall use to pro17 vide technical assistance under subsection (i) not 

18 more than the greater of— 

19 (A) 5 percent of the amount of funds that 

20 are made available for the fiscal year under 

21 paragraph (1); or 

22 (B) $1,000,000. 
162

•S 2507 RS 

1 TITLE V—IMPLEMENTATION 

2 SEC. 501. GUIDANCE AND REGULATIONS. 

3 (a) GUIDANCE.—As soon as practicable after the date 

4 of enactment of this Act, the Secretary of Agriculture shall 

5 issue guidance to implement the amendments made by sec6 tions 102, 103, 104, 105, 106, 107, 110, 115, 117(c), 

7 117(g), 118, 129(b), 129(c), 201, 204(a)(3), 204(b), 

8 204(c)(4), 204(e)(3), 204(e)(4), 204(e)(5), 204(e)(6), 

9 204(e)(7), 204(e)(10), and 204(h)(1). 

10 (b) REGULATIONS.—Not later than 2 years after the 

11 date of enactment of this Act, the Secretary shall promul12 gate final regulations to implement the amendments de13 scribed in subsection (a). 

14 SEC. 502. EFFECTIVE DATES. 

15 (a) IN GENERAL.—Except as provided in subsection 

16 (b), this Act and the amendments made by this Act take 

17 effect on the date of enactment of this Act. 

18 (b) SPECIAL EFFECTIVE DATES.— 

19 (1) JULY 1, 2004.—The amendments made by 

20 sections 106, 107, 129(c), and 201 take effect on 

21 July 1, 2004. 

22 (2) OCTOBER 1, 2004.—The amendments made 

23 by sections 117(c), 117(g), 202(a), 204(a), 204(b), 

24 204(c)(1), 204(c)(4), 204(e)(4), 204(e)(5), 

25 204(e)(6), 204(e)(7), 204(e)(8), 204(e)(9), 
163

•S 2507 RS 

1 204(e)(10), 204(e)(13), 204(f), 204(h)(1), and 

2 204(h)(2) take effect on October 1, 2004. 

3 (3) JANUARY 1, 2005.—The amendments made 

4 by sections 115(e)(1) and 115(e)(3) take effect on 

5 January 1, 2005. 

6 (4) JULY 1, 2005.—The amendments made by 

7 sections 104, 105, 110, and 129(b) take effect on 

8 July 1, 2005.
Calendar No. 580

108TH CONGRESS 

2D SESSION S. 2507

[Report No. 108–279] 

A BILL

To amend the Richard B. Russell National School 

other purposes. reauthorize child nutrition programs, and for erations and improve program management, to and nutrition assistance, to simplify program opto provide children with increased access to food Lunch Act and the Child Nutrition Act of 1966 

JUNE 7, 2004

Read twice and placed on the calendar