IB 

Union Calendar No. 258

108TH CONGRESS 

2D SESSION H. R. 3873

[Report No. 108–445] 

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

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

nutrition assistance, to simplify program operations, to improve children’s 

nutritional health, and to restore the integrity of child nutrition programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2004

Mr. CASTLE (for himself, Mr. BOEHNER, Mr. MCKEON, Mr. UPTON, Mr. 

EHLERS, Mr. KELLER, Mr. WILSON of South Carolina, Mr. PORTER, Mr. 

CARTER, Mr. CASE, Mr. PEARCE, Mr. SIMMONS, Ms. WATSON, Mr. PETERSON of Minnesota, and Ms. KILPATRICK) introduced the following 

bill; which was referred to the Committee on Education and the Workforce 

MARCH 23, 2004

Additional sponsors: Mr. OSBORNE, Ms. MAJETTE, Mr. HASTINGS of Washington, Mr. WEXLER, Ms. WOOLSEY, Mr. FILNER, Mr. GREENWOOD, Mr. 

PLATTS, Mr. MARSHALL, Mrs. DAVIS of California, Mr. ANDREWS, Mr. 

NORWOOD, Mr. GEORGE MILLER of California, Mr. CROWLEY, Mr. VAN

HOLLEN, Mr. HOEFFEL, Mr. JEFFERSON, Ms. NORTON, Ms. LOFGREN, 

Ms. BORDALLO, Mr. MCGOVERN, Mr. PETRI, Mr. ISAKSON, Mr. KIND, 

Mr. PRICE of North Carolina, Mrs. BIGGERT, Mr. HOLT, Mrs. MCCARTHY of New York, Mr. HINOJOSA, Mr. KILDEE, Mr. GRIJALVA, Ms. 

MILLENDER-MCDONALD, Mr. TIERNEY, Mr. TURNER of Ohio, and Ms. 

LEE

MARCH 23, 2004

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 2, 2004] 

A BILL

To amend the Richard B. Russell National School Lunch 

Act and the Child Nutrition Act of 1966 to provide 

children with access to food and nutrition assistance, 

to simplify program operations, to improve children’s 

nutritional health, and to restore the integrity of 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,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Nutrition Im5 provement and Integrity Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—ENSURING ACCESS TO CHILD NUTRITION PROGRAMS 

Sec. 101. Exclusion of military housing allowances. 

Sec. 102. Homeless children and runaway youth eligibility. 

Sec. 103. Eligibility for severe need assistance. 

Sec. 104. Reauthorization of summer food programs. 

Sec. 105. Child and adult care food program. 

Sec. 106. Review of best practices in the breakfast program. 

Sec. 107. Area eligibility demonstration. 

Sec. 108. Seamless Summer administration. 

Sec. 109. Year round community child nutrition program pilot. 

TITLE II—IMPROVING PROGRAM QUALITY AND INTEGRITY 

Sec. 201. Eligibility and certification for free and reduced price lunches. 

Sec. 202. Duration of eligibility for free and reduced price lunches. 

Sec. 203. Certification by local educational agencies. 
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Sec. 204. Compliance and accountability. 

Sec. 205. Technology Improvement. 

Sec. 206. Minimum State administrative expense grants. 

Sec. 207. District-wide eligibility for special assistance. 

Sec. 208. Administrative error reduction. 

TITLE III—PROMOTING NUTRITION QUALITY AND PREVENTING 

CHILDHOOD OBESITY 

Sec. 301. Local school wellness policy. 

Sec. 302. Supporting nutrition education, improving meal quality, and access to 

local foods. 

Sec. 303. Fruits and vegetable commodities. 

Sec. 304. Fluid milk. 

Sec. 305. Waiver of requirements for weighted averages for nutrient analysis. 

Sec. 306. Whole grains. 

TITLE IV—IMPROVING THE WOMEN, INFANTS, AND CHILDREN 

PROGRAM 

Sec. 401. Definition of nutrition education. 

Sec. 402. Definition of supplemental foods. 

Sec. 403. Improving certification. 

Sec. 404. Reviews of available supplemental foods. 

Sec. 405. Notification of violations and infant formula benefits. 

Sec. 406. Healthy People 2010 initiative. 

Sec. 407. Competitive bidding. 

Sec. 408. Fruit and vegetable projects. 

Sec. 409. Price levels of retail stores. 

Sec. 410. Management information systems. 

Sec. 411. Infant formula fraud prevention. 

Sec. 412. State alliances. 

Sec. 413. Limits on expenditures. 

Sec. 414. Migrant and community health centers initiative. 

Sec. 415. Demonstration projects. 

Sec. 416. Authorization of appropriations. 

TITLE V—REAUTHORIZATION, MISCELLANEOUS PROVISIONS, AND 

EFFECTIVE DATE 

Sec. 501. Training, technical, and other assistance. 

Sec. 502. Notice of irradiated food. 

Sec. 503. Sense of Congress. 

Sec. 504. Reauthorization of programs. 

Sec. 505. Effective dates.

1 TITLE I—ENSURING ACCESS TO 

2 CHILD NUTRITION PROGRAMS 

3 SEC. 101. EXCLUSION OF MILITARY HOUSING ALLOWANCES. 

4 Section 9(b)(7) of the Richard B. Russell National 

5 School Lunch Act (42 U.S.C. 1758(b)) is amended by strik-
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1 ing ‘‘For each of fiscal years 2002’’ and all that follows 

2 through ‘‘the amount’’ and inserting ‘‘The amount’’. 

3 SEC. 102. HOMELESS CHILDREN, RUNAWAY YOUTH, AND MI4 GRATORY CHILD ELIGIBILITY. 

5 (a) IN GENERAL.—Section 9(b)(6)(A) of the Richard 

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

7 1758(b)(6)(A)) is amended—

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

9 (2) in clause (iii), by striking the period and in10 serting a semicolon; and 

11 (3) by inserting after clause (iii) the following: 

12 ‘‘(iv) a homeless child or youth (as defined in 

13 section 725(2) of the McKinney-Vento Homeless As14 sistance Act (42 U.S.C. 11434a)); 

15 ‘‘(v) a youth served by programs under the Run16 away and Homeless Youth Act (42 U.S.C. 5701 et 

17 seq.); or 

18 ‘‘(vi) a migratory child, as such term is defined 

19 in section 1309(2) of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 6399(2)).’’. 

21 (b) DOCUMENTATION.—Section 9(d)(2) of the Richard 

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

23 1758(d)(2)) is amended—

24 (1) in subparagraph (B), by striking ‘‘or’’; 
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1 (2) in subparagraph (C), by striking the period 

2 at the end and inserting a semicolon; and 

3 (3) by inserting after subparagraph (C) the fol4 lowing: 

5 ‘‘(D) documentation has been provided to the ap6 propriate local educational agency showing that the 

7 child meets the criteria specified in clauses (iv) or (v) 

8 of subsection (b)(6); or

9 ‘‘(E) documentation has been provided to the ap10 propriate local educational agency showing the child’s 

11 status as a migratory child, as such term is defined 

12 in section 1309(2) of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6399(2)).’’. 

14 SEC. 103. ELIGIBILITY FOR SEVERE NEED ASSISTANCE. 

15 Section 4(d) of the Child Nutrition Act of 1966 (42 

16 U.S.C. 1773(d)) is amended—

17 (1) by striking the heading and all that follows 

18 through paragraph (1), and inserting: 

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 a 

24 breakfast program) in which, during the most recent 

25 second preceding school year for which lunches were 
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1 served, 40 percent or more of the lunches served to 

2 students at the school were served free or at a reduced 

3 price (or those new schools drawing their attendance 

4 from schools receiving severe need assistance).’’; and 

5 (2) in paragraph (2)—

6 (A) by striking ‘‘100 percent’’ and all that 

7 follows through ‘‘food, or’’; and 

8 (B) by striking ‘‘, whichever is less’’. 

9 SEC. 104. REAUTHORIZATION OF SUMMER FOOD PRO10 GRAMS. 

11 (a) SUMMER FOOD PILOT PROJECTS.—Section 18(f) 

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

13 U.S.C. 1769(f)) is amended—

14 (1) by redesignating paragraphs (2) through (6) 

15 as paragraphs (3) through (7), respectively; 

16 (2) by inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2) ADDITIONAL STATES ELIGIBLE.—In addi19 tion to the States meeting the criteria set forth in 

20 paragraph (1), the 3 States with the highest percent21 age of households that are determined to be food inse22 cure with hunger, as determined annually by the Sec23 retary, shall be ‘eligible States’ for purposes of this 

24 subsection.’’; 
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1 (3) in paragraph (3) (as so redesignated), by 

2 striking ‘‘March 31, 2004’’ and inserting ‘‘September 

3 30, 2008’’; and 

4 (4) in paragraph (4) (as so redesignated), by 

5 striking ‘‘(other than a service institution described in 

6 section 13(a)(7))’’ both places it appears. 

7 (b) SUMMER FOOD SERVICE PROGRAM FOR CHIL8 DREN.—Section 13(q) of the Richard B. Russell National 

9 School Lunch Act (42 U.S.C. 1761(q)) is amended by strik10 ing ‘‘March 31, 2004’’ and inserting ‘‘September 30, 2008’’. 

11 SEC. 105. CHILD AND ADULT CARE FOOD PROGRAM. 

12 (a) ELIGIBILITY OF PRIVATE CHILD CARE CEN13 TERS.—Section 17 of the Richard B. Russell National 

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

15 (1) in subsection (a)(2)(B)(i), by striking ‘‘dur16 ing the period’’ and all that follows through ‘‘March 

17 31, 2004’’; and 

18 (2) by striking subsection (p). 

19 (b) DURATION OF DETERMINATION AS TIER 1 FAMILY

20 OR GROUP DAY CARE HOME.—Section 17(f)(3)(E)(iii) of 

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

22 U.S.C. 1766(f)(3)(E)(iii)) is amended by striking ‘‘3 years’’ 

23 and inserting ‘‘5 years’’. 
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1 (c) DURATION OF AGREEMENTS.—Section 17(j) of the 

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

3 1766(j)) is amended to read as follows: 

4 ‘‘(j) AGREEMENTS.—

5 ‘‘(1) IN GENERAL.—The Secretary may issue reg6 ulations directing States to develop and provide for 

7 the use of a standard form of agreement between each 

8 family or group day care sponsoring organization 

9 and the family or group day care homes partici10 pating in the program under such organization, for 

11 the purpose of specifying the rights and responsibil12 ities of each party. 

13 ‘‘(2) DURATION.—An agreement under para14 graph (1) shall remain in effect until terminated by 

15 either party to the agreement.’’. 

16 (d) MANAGEMENT IMPROVEMENT INITIATIVE.—Sec17 tion 17(q)(3) of the Richard B. Russell National School 

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

19 ‘‘1999 through 2003’’ and inserting ‘‘2005 and 2006’’. 

20 (e) AUDITS.—Section 17(i) of the Richard B. Russell 

21 National School Lunch Act (42 U.S.C. 1766(i)) is amended 

22 to read as follows: 

23 ‘‘(i) AUDITS.—

24 ‘‘(1) FUNDS FOR AUDITS.—The Secretary shall 

25 make available for each fiscal year to a State admin-
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1 istering the child and adult care food program, for the 

2 purpose of conducting audits of participating institu3 tions, an amount up to 1.5 percent (except in the case 

4 of fiscal years 2005 through 2007, 1 percent) of the 

5 funds used by the State in the program under this 

6 section during the second preceding fiscal year. 

7 ‘‘(2) AUDIT PROCEDURES.—

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), in conducting management evalua10 tions, reviews, or audits of the program under 

11 this subsection, the Secretary or a State agency 

12 may disregard any overpayment to an institu13 tion if the total overpayment for any fiscal year 

14 does not exceed an amount, consistent with the 

15 disregards allowed in other programs under this 

16 Act, which recognizes the cost of collecting small 

17 claims. 

18 ‘‘(B) CRIMINAL OR FRAUD VIOLATIONS.—In 

19 carrying out this subsection, the Secretary and a 

20 State agency shall not disregard any overpay21 ment for which there is evidence of a violation 

22 of a criminal law or civil fraud law.’’. 

23 (f) EMERGENCY SHELTERS.—Section 17(t)(5)(A)(i) of 

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

25 U.S.C. 1766(t)(5)(A)(i) is amended—
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1 (1) in subclause (I)—

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

3 and 

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

5 and 

6 (2) by striking subclause (II) and redesignating 

7 subclause (III) as subclause (II). 

8 (g) PAPERWORK REDUCTION.—The Secretary of Agri9 culture, in conjunction with States and participating insti10 tutions, shall examine the feasibility of reducing paper work 

11 resulting from regulations and record-keeping requirements 

12 for State agencies, family child care homes, child care cen13 ters, and sponsoring organizations participating in the 

14 child and adult care food program established under section 

15 17 of the Richard B. Russell National School Lunch Act 

16 (42 U.S.C. 1766). 

17 SEC. 106. REVIEW OF BEST PRACTICES IN THE BREAKFAST 

18 PROGRAM. 

19 (a) REVIEW.—Subject to the availability of funds, the 

20 Secretary of Agriculture shall enter into an agreement with 

21 a research organization to collect and disseminate a review 

22 of best practices to assist schools in addressing existing im23 pediments at the State and local level that hinder the 

24 growth of the school breakfast program under section 4 of 

25 the Child Nutrition Act of 1966 (42 U.S.C. 1773). The re-
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1 view shall describe model breakfast programs and offer rec2 ommendations for schools to overcome obstacles, such as: 

3 (1) the length of the school day; 

4 (2) bus schedules; and 

5 (3) potential increases in costs at the State and 

6 local level. 

7 (b) DISSEMINATION.—Not later than 12 months after 

8 the date of enactment of this Act, the Secretary shall make 

9 the review required under subsection (a) available to local 

10 educational agencies via the Internet, including rec11 ommendations to improve participation in the school break12 fast program. Not later than 12 months after the date of

13 enactment of this Act, the review shall also be transmitted 

14 to the Committee on Education of the House of Representa15 tives and the Committee on Agriculture of the Senate. 

16 SEC. 107. AREA ELIGIBILITY DEMONSTRATION. 

17 Section 13 of the Richard B. Russell National School 

18 Lunch Act (42 U.S.C. 1761) is amended by adding at the 

19 end the following: 

20 ‘‘(r) DEMONSTRATION PROGRAM.—The Secretary shall 

21 support a demonstration program in rural areas of the 

22 State of Pennsylvania under the same terms and conditions 

23 as contained in this section, except that the threshold for 

24 determining ‘areas in which poor economic conditions exist’ 

25 under subsection (a)(1)(C) for such program shall be 40 per-
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1 cent of children enrolled are eligible for free or reduced price 

2 school meals and the State agency shall report to the Sec3 retary on the effect of the demonstration on program par4 ticipation in rural areas.’’. 

5 SEC. 108. SEAMLESS SUMMER ADMINISTRATION. 

6 (a) SEAMLESS SUMMER WAIVER.—Section 13(a) of 

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

8 U.S.C. 1761(a)) is amended by inserting after paragraph 

9 (7) the following: 

10 ‘‘(8) Service institutions that are public or pri11 vate nonprofit school food authorities may administer 

12 summer or school vacation food service under the pro13 visions of the school lunch program established under 

14 this Act and the school breakfast program established 

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

16 1771 et seq.), except as determined by the Secretary.’’. 

17 (b) PAYMENTS.—Section 13(b)(1) of the Richard B. 

18 Russell National School Lunch Act (42 U.S.C. 1761(b)(1)) 

19 is amended by inserting after subparagraph (C) the fol20 lowing: 

21 ‘‘(D) Service institutions described in para22 graph (a)(8) of this section shall be reimbursed 

23 for meals and meal supplements in accordance 

24 with the applicable provisions under this Act 

25 (other than subparagraphs (A), (B), and (C) of 
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1 this paragraph) and the Child Nutrition Act of 

2 1966 (42 U.S.C. 1771 et seq.), as determined by 

3 the Secretary.’’. 

4 SEC. 109. YEAR ROUND COMMUNITY CHILD NUTRITION 

5 PROGRAM PILOT. 

6 Section 13(a) of the Richard B. Russell National 

7 School Lunch Act is further amended by adding at the end 

8 the following: 

9 ‘‘(9) YEAR ROUND COMMUNITY CHILD NUTRITION

10 PROGRAM PILOT.—

11 ‘‘(A) IN GENERAL.—A service institution as 

12 defined in paragraph (7) may be reimbursed for 

13 up to 3 meals and 2 supplements for any day 

14 for which services are being offered at such insti15 tution. Such service institution shall be reim16 bursed for costs consistent with section 13(b). 

17 ‘‘(B) MAXIMUM REIMBURSEMENT.—No re18 imbursement may be made to any institution 

19 under this paragraph for more than 3 meals and 

20 2 supplements per child per day. 

21 ‘‘(C) LIMITATION.—The Secretary shall 

22 limit reimbursement under this paragraph for 

23 meals and supplements served under a program 

24 to service institutions defined paragraph (7) lo25 cated in California.’’. 
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1 TITLE II—IMPROVING PROGRAM 

2 QUALITY AND INTEGRITY 

3 SEC. 201. ELIGIBILITY AND CERTIFICATION FOR FREE AND 

4 REDUCED PRICE LUNCHES. 

5 (a) IN GENERAL.—Section 9(b) of the Richard B. Rus6 sell National School Lunch Act (42 U.S.C. 1758) is amend7 ed by striking ‘‘(b)(1)(A) Not later’’ and all that follows 

8 through paragraph (2) and inserting the following: 

9 ‘‘(b) ELIGIBILITY FOR FREE AND REDUCED PRICE

10 LUNCHES.—

11 ‘‘(1) INCOME GUIDELINES.—

12 ‘‘(A) IN GENERAL.—Not later than June 1 

13 of each fiscal year, the Secretary shall prescribe 

14 income guidelines for determining eligibility for 

15 free and reduced price lunches during the 12-

16 month period beginning July 1 of such fiscal 

17 year and ending June 30 of the following fiscal 

18 year. The income guidelines for determining eli19 gibility for free lunches shall be 130 percent of 

20 the applicable family size income levels con21 tained in the nonfarm income poverty guidelines 

22 issued by the Secretary of Health and Human 

23 Services, as adjusted annually in accordance 

24 with subparagraph (B). The income guidelines 

25 for determining eligibility for reduced price 
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1 lunches for any school year shall be 185 percent 

2 of the applicable family size income levels con3 tained in the nonfarm income poverty guidelines 

4 issued by the Secretary of Health and Human 

5 Services, as adjusted annually in accordance 

6 with subparagraph (B). Such guidelines shall be 

7 revised at annual intervals, or at any shorter in8 terval deemed feasible and desirable. 

9 ‘‘(B) FORMULA FOR REVISION.—The revi10 sion required by subparagraph (A) of this para11 graph shall be made by multiplying—

12 ‘‘(i) the official poverty line (as defined 

13 by the Secretary of Health and Human 

14 Services); by 

15 ‘‘(ii) the percentage change in the Con16 sumer Price Index during the annual or 

17 other interval immediately preceding the 

18 time at which the adjustment is made. 

19 Revisions under this subparagraph shall be made 

20 not more than 30 days after the date on which 

21 the Consumer Price Index data required to com22 pute the adjustment becomes available. 

23 ‘‘(2) CERTIFICATION OF ELIGIBILITY.—

24 ‘‘(A) ANNOUNCEMENT BY STATE EDU25 CATIONAL AGENCY.—Following the determina-
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1 tion by the Secretary under paragraph (1) of 

2 this subsection of the income eligibility guide3 lines for each school year, each State educational 

4 agency shall announce the income eligibility 

5 guidelines, by family size, to be used by schools 

6 in the State in making determinations of eligi7 bility for free and reduced price lunches. Local 

8 educational agencies shall, each year, publicly 

9 announce the income eligibility guidelines for 

10 free and reduced price lunches on or before the 

11 opening of school.

12 ‘‘(B) APPLICATIONS.—

13 ‘‘(i) IN GENERAL.—Applications for 

14 free and reduced price lunches, in such form 

15 as the Secretary may prescribe or approve, 

16 and any descriptive material, in an under17 standable and uniform format, and to the 

18 extent practicable, in a language that par19 ents can understand, shall be distributed at 

20 least annually to the parents or guardians 

21 of children in attendance at the school. 

22 ‘‘(ii) INCOME LEVELS.—Applications 

23 and descriptive material shall contain only 

24 the family size income eligibility guidelines 

25 for reduced price meal eligibility, with the 
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1 explanation that households with incomes 

2 less than or equal to these values would be 

3 eligible for free or reduced price lunches. 

4 Such applications and descriptive material 

5 may not contain the income eligibility 

6 guidelines for free lunches. 

7 ‘‘(iii) NOTIFICATION.—Descriptive ma8 terials shall contain a notification that par9 ticipants in the Special Supplemental Nu10 trition Program for Women, Infants, and 

11 Children authorized under Section 17 of the 

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

13 1771 et seq.), the food stamp program estab14 lished under the Food Stamp Act of 1977 (7 

15 U.S.C. 2011 et seq.), the Food Distribution 

16 Program on Indian Reservations (FDPIR) 

17 authorized under section 4(b) of the Food 

18 Stamp Act of 1977 (7 U.S.C. 2013(b)), or 

19 a State program funded under part A of 

20 title IV of the Social Security Act (if the 

21 Secretary determines the State program 

22 complies with standards established by the 

23 Secretary that ensure that the standards 

24 under the State program are comparable to 

25 or more restrictive than those in effect on 
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1 June 1, 1995) are eligible for free or re2 duced price lunches. Such descriptive mate3 rials shall also contain a notice to parents 

4 that documentation may be requested for 

5 verification. 

6 ‘‘(iv) ELECTRONIC AVAILABILITY.—In 

7 addition to the distribution of such applica8 tions and descriptive material in paper 

9 form as provided for in this paragraph, 

10 such applications and material may be 

11 made available electronically via the Inter12 net. 

13 ‘‘(C) ELIGIBILITY.—

14 ‘‘(i) HOUSEHOLD APPLICATIONS.—

15 ‘‘(I) IN GENERAL.—If an eligi16 bility determination for a child is not 

17 made under clause (ii) or (iii), an eli18 gibility determination shall be made 

19 on the basis of a complete household 

20 application executed by an adult mem21 ber of the household, or in accordance 

22 with other guidance issued by the Sec23 retary. 

24 ‘‘(II) ADDITIONAL BASES.—Eligi25 bility may be determined by the local 
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1 educational agency on the basis of a 

2 complete application executed by an 

3 adult member of the household, or in 

4 accordance with other guidance issued 

5 by the Secretary, including an elec6 tronic signature when the application 

7 is submitted electronically, and if the 

8 application filing system meets con9 fidentiality standards established by 

10 the Secretary. 

11 ‘‘(III) CHILDREN IN HOUSE12 HOLD.—

13 ‘‘(aa) IN GENERAL.—The ap14 plication shall identify the names 

15 of each child in the household for 

16 whom meal benefits are requested. 

17 ‘‘(bb) SEPARATE APPLICA18 TIONS.—A State educational 

19 agency or local educational agen20 cy may not request a separate ap21 plication for each child in the 

22 household. 

23 ‘‘(IV) VERIFICATION.—The Sec24 retary, State, or local educational 

25 agency may verify any data contained 
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1 in such application. In accordance 

2 with guidance issued by the Secretary, 

3 each local educational agency shall 

4 verify a sample of approved free and 

5 reduced price applications and shall 

6 make appropriate changes in the eligi7 bility determination with respect to 

8 such applications on the basis of such 

9 verification. The sample selected for 

10 verification shall be as follows: 

11 ‘‘(aa) For local educational 

12 agencies able to obtain 

13 verification information for at 

14 least 75 percent of all applica15 tions selected for verification in 

16 the prior year, or local edu17 cational agencies receiving more 

18 than 20,000 applications and that 

19 in the prior year had a 

20 verification non-response rate that 

21 was 10 percent below the 

22 verification non-response rate of 

23 the second prior year, the sample 

24 selected shall be either—
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1 ‘‘(AA) the lesser of 3,000 

2 or 3 percent of approved ap3 plications selected at random 

4 by the local educational 

5 agencies from all approved 

6 applications; or 

7 ‘‘(BB) the lesser of 1,000 

8 or 1 percent of all approved 

9 applications selected from 

10 applications that indicate 

11 monthly income that is with12 in $100, or annual income 

13 that is within $1,200, of the 

14 income eligibility limits for 

15 free or reduced price meals, 

plus the lesser of 500 or 1 16 ⁄2 of 

17 1 percent of approved appli18 cations that provided a case 

19 number in lieu of income in20 formation showing participa21 tion in the food stamp pro22 gram or Temporary Assist23 ance for Needy Families pro24 gram selected from those ap25 proved applications that pro-
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1 vided a case number in lieu 

2 of income information 

3 verifying such participation. 

4 ‘‘(bb) For all other local edu5 cational agencies, the sample se6 lected shall be the lesser of 3,000 

7 or 3 percent of all approved ap8 plications selected from applica9 tions that indicate monthly in10 come that is within $100, or an11 nual income that is within 

12 $1,200, of the income eligibility

13 limits for free or reduced price 

14 meals. If, for any local edu15 cational agency, the total number 

16 of such applications is less than 

17 3,000 or 3 percent of all approved 

18 applications, the local educational 

19 agency shall select additional ap20 plications at random from all ap21 proved applications in order to 

22 obtain a total sample for 

23 verification of 3,000 or 3 percent 

24 of all approved applications. 

25 ‘‘(V) SUBSTITUTIONS.—
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1 ‘‘(aa) IN GENERAL.—In ac2 cordance with the regulations pre3 scribed by the Secretary, the local 

4 educational agency may, upon in5 dividual review, decline to verify 

6 any application selected under 

7 subclause (IV) and replace it with 

8 another application to be verified. 

9 Such agency may decline to verify 

10 no more than 2 percent of the ap11 plications selected for verification 

12 under this subclause. 

13 ‘‘(bb) SUBSTITUTE CRITERIA

14 IN CASES OF EMERGENCIES.—The 

15 Secretary may substitute alter16 native criteria for the sample size 

17 and sample selection criteria in 

18 subclause (IV) to address a nat19 ural disaster, civil disorder, 

20 strike, or other local condition. 

21 ‘‘(VI) DIRECT VERIFICATION.—

22 ‘‘(aa) IN GENERAL.—In ac23 cordance with regulations promul24 gated by the Secretary, in 

25 verifying the sample selected in 
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1 accordance with subclause (IV), 

2 the local educational agency may 

3 first obtain from certain public 

4 agencies administering the pro5 grams identified in item (bb) of 

6 this subclause, and similar in7 come-tested programs, information 

8 to verify eligibility for free or re9 duced price meals. 

10 ‘‘(bb) PUBLIC AGENCY

11 RECORDS.—Public agency records 

12 that may be used to verify eligi13 bility for free meals shall include 

14 income information relied upon 

15 within 12 months prior to 

16 verification under subclause (IV) 

17 in the administration of the fol18 lowing programs: the food stamp 

19 program established under the 

20 Food Stamp Act of 1977 (7 

21 U.S.C. 2011 et seq.); the State 

22 program funded under part A of 

23 title IV of the Social Security Act; 

24 the Food Distribution Program on 

25 Indian Reservations (FDPIR) au-
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1 thorized under section 4(b) of the 

2 Food Stamp Act of 1977 (7 

3 U.S.C. 2013(b)); and the State 

4 Medicaid program under title 

5 XIX of the Social Security Act 

6 (42 U.S.C. 1396 et seq.) in a 

7 State in which the income eligi8 bility limit described in section 

9 1902(l)(2)(C) of the Social Secu10 rity Act is no higher than 133 

11 percent of the income official pov12 erty line as specified in section 

13 1902(l)(2)(A) of such Act, in the 

14 case of eligibility for free meals, 

15 and 185 percent of the income of16 ficial poverty line as specified in 

17 such section in the case of reduced 

18 price meals. 

19 ‘‘(VII) PLAIN, UNDERSTANDABLE

20 LANGUAGE.—Any and all communica21 tions to parents regarding verification 

22 under subclause (IV) shall be in an un23 derstandable and uniform format, and, 

24 to the extent practicable, in a language 

25 that parents can understand. 
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1 ‘‘(ii) DIRECT CERTIFICATION FOR

2 CHILDREN IN FOOD STAMP HOUSEHOLDS.—

3 ‘‘(I) IN GENERAL.—Each State 

4 agency shall, to the extent practicable, 

5 enter into an agreement with the State 

6 agency conducting eligibility deter7 minations for the food stamp program 

8 established under the Food Stamp Act 

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

10 ‘‘(II) PROCEDURES.—Subject to 

11 clause (iv), the agreement shall estab12 lish procedures under which a child 

13 who is a member of a household receiv14 ing assistance under the program re15 ferred to in subclause (I) shall be cer16 tified as eligible for free meals under 

17 this Act, without further application. 

18 ‘‘(III) DIRECT CERTIFICATION.—

19 Subject to clause (iv), under the agree20 ment, the local educational agency con21 ducting eligibility determinations for a 

22 school meal program conducted under 

23 this Act shall certify a child who is a 

24 member of a household receiving assist25 ance under the program referred to in 
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1 subclause (I) as eligible for free meals 

2 under this Act without further applica3 tion. 

4 ‘‘(IV) NOTICE.—The appropriate 

5 local educational agency shall provide 

6 annually to the parents or guardians 

7 of all students who are members of a 

8 household receiving assistance under 

9 the program referred to in subclause 

10 (I), notification, in an understandable 

11 and uniform format, and, to the extent 

12 practicable, in a language that parents 

13 can understand, that any school-aged 

14 child in that household is eligible for 

15 free lunches or breakfasts. 

16 ‘‘(iii) DIRECT CERTIFICATION OF CHIL17 DREN IN OTHER HOUSEHOLDS.—Subject to 

18 clause (iv), any local educational agency 

19 may certify any child as eligible for free 

20 lunches or breakfasts, without further appli21 cation, by directly communicating with the 

22 appropriate State or local agency to obtain 

23 documentation of such child’s status as a 

24 migratory child, as such term is defined in 

25 section 1309(2) of the Elementary and Sec-
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1 ondary Education Act of 1965 (20 U.S.C. 

2 6399(2)), or a member of a family that is 

3 receiving assistance under a State program 

4 funded under part A of title IV of the Social 

5 Security Act if the Secretary determines the 

6 State program complies with standards es7 tablished by the Secretary that ensure that 

8 the standards under the State program are 

9 comparable to or more restrictive than those 

10 in effect on June 1, 1995. 

11 ‘‘(iv) DISCLOSURE OF INFORMATION.—

12 The use or disclosure of any information ob13 tained from an application for free or re14 duced price meals, or from a State or local 

15 agency referred to in clauses (ii) and (iii), 

16 shall be limited to—

17 ‘‘(I) a person directly connected 

18 with the administration or enforcement 

19 of this Act or the Child Nutrition Act 

20 of 1966 (42 U.S.C. 1771 et seq.), or a 

21 regulation issued pursuant to either 

22 Act; 

23 ‘‘(II) a person directly connected 

24 with the administration or enforcement 

25 of—
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1 ‘‘(aa) a Federal education 

2 program; 

3 ‘‘(bb) a State health or edu4 cation program administered by 

5 the State or local educational 

6 agency (other than a program 

7 carried out under title XIX of the 

8 Social Security Act (42 U.S.C. 

9 1396 et seq.); or 

10 ‘‘(cc) a Federal, State, or 

11 local means-tested nutrition pro12 gram with eligibility standards

13 comparable to the program under 

14 this section; 

15 ‘‘(III)(aa) the Comptroller Gen16 eral of the United States for audit and 

17 examination authorized by any other 

18 provision of law; and 

19 ‘‘(bb) notwithstanding any other 

20 provision of law, a Federal, State, or 

21 local law enforcement official for the 

22 purpose of investigating an alleged vio23 lation of any program requirements 

24 under paragraph (1) or this para25 graph; and 
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1 ‘‘(IV) a person directly connected 

2 with the administration of the State 

3 Medicaid program under title XIX of 

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

5 1396 et seq.) or the State children’s 

6 health insurance program under title 

7 XXI of that Act (42 U.S.C. 1397aa et 

8 seq.) solely for the purpose of identi9 fying children eligible for benefits 

10 under, and enrolling children in, such 

11 programs, except that this subclause 

12 shall apply only to the extent that the 

13 State and the local educational agency 

14 so elect. 

15 ‘‘(v) LIMITATION.—Information pro16 vided under clause (iv)(II) shall be limited 

17 to the income eligibility status of the child 

18 for whom application for free or reduced 

19 price meal benefits was made or for whom 

20 eligibility information was provided under 

21 clause (ii) or (iii), unless the consent of the 

22 parent or guardian of the child for whom 

23 application for benefits was made is ob24 tained. 
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1 ‘‘(vi) PENALTY FOR UNAUTHORIZED

2 DISCLOSURE.—A person described in clause 

3 (iv) who publishes, divulges, discloses, or 

4 makes known in any manner, or to any ex5 tent not authorized by Federal law (includ6 ing a regulation), any information obtained 

7 under this subsection shall be fined not 

8 more than $1,000 or imprisoned not more 

9 than 1 year, or both. 

10 ‘‘(vii) REQUIREMENTS FOR WAIVER OF

11 CONFIDENTIALITY.—A State that elects to 

12 exercise the option described in clause 

13 (iv)(IV) shall ensure that any local edu14 cational agency acting in accordance with 

15 that option—

16 ‘‘(I) has a written agreement with 

17 the State or local agency or agencies 

18 administering health insurance pro19 grams for children under titles XIX 

20 and XXI of the Social Security Act (42 

21 U.S.C. 1396 et seq. and 1397aa et seq.) 

22 that requires the health agencies to use 

23 the information obtained under clause 

24 (iv) to seek to enroll children in those 

25 health insurance programs; and 
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1 ‘‘(II)(aa) notifies each household, 

2 the information of which shall be dis3 closed under clause (iv), that the infor4 mation disclosed will be used only to 

5 enroll children in health programs re6 ferred to in clause (iv)(IV); and 

7 ‘‘(bb) provides each parent or 

8 guardian of a child in the household 

9 with an opportunity to elect not to 

10 have the information disclosed. 

11 ‘‘(viii) USE OF DISCLOSED INFORMA12 TION.—A person to which information is 

13 disclosed under clause (iv)(IV) shall use or 

14 disclose the information only as necessary 

15 for the purpose of enrolling children in 

16 health programs referred to in clause 

17 (iv)(IV). 

18 ‘‘(D) FREE AND REDUCED PRICE POLICY

19 STATEMENT.—After the initial submission, a 

20 local educational agency shall not be required to 

21 submit a free and reduced price policy statement 

22 to a State educational agency under this Act un23 less there is a substantive change in the free and 

24 reduced price policy of the local educational 

25 agency. A routine change in the policy of a local 
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1 educational agency, such as an annual adjust2 ment of the income eligibility guidelines for free 

3 and reduced price meals, shall not be sufficient 

4 cause for requiring the local educational agency 

5 to submit a policy statement.’’. 

6 (b) CONFORMING AMENDMENT.—Section 9(b)(6)(B) of 

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

8 U.S.C. 1758(b)(6)(B) is amended by inserting ‘‘, or docu9 mentation showing the child’s status as a migratory child, 

10 as such term is defined in section 1309(2) of the Elementary 

11 and Secondary Education Act of 1965 (20 U.S.C. 6399(2))’’ 

12 after ‘‘subparagraph (A)(iii)’’. 

13 SEC. 202. DURATION OF ELIGIBILITY FOR FREE AND RE14 DUCED PRICE LUNCHES. 

15 Section 9(b)(3) of the Richard B. Russell National 

16 School Lunch Act (42 U.S.C. 1758(b)(3)) is amended to 

17 read as follows: 

18 ‘‘(3) ELIGIBILITY FOR FREE AND REDUCED

19 PRICE LUNCHES.—

20 ‘‘(A) FREE LUNCHES.—Any child who is a 

21 member of a household whose income, at the time 

22 the application is submitted, is at an annual 

23 rate which does not exceed the applicable family 

24 size income level of the income eligibility guide-
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1 lines for free lunches, as determined under para2 graph (1), shall be served a free lunch. 

3 ‘‘(B) REDUCED PRICE LUNCHES.—

4 ‘‘(i) IN GENERAL.—Any child who is a 

5 member of a household whose income, at the 

6 time the application is submitted, is at an 

7 annual rate greater than the applicable 

8 family size income level of the income eligi9 bility guidelines for free lunches, as deter10 mined under paragraph (1), but less than 

11 or equal to the applicable family size in12 come level of the income eligibility guide13 lines for reduced price lunches, as deter14 mined under paragraph (1), shall be served 

15 a reduced price lunch. 

16 ‘‘(ii) MAXIMUM PRICE.—The price 

17 charged for a reduced price lunch shall not 

18 exceed 40 cents. 

19 ‘‘(C) DURATION.—Except as otherwise spec20 ified in section 11(a) or section 

21 9(b)(2)(C)(i)(IV), eligibility for free or reduced 

22 price meals for any school year shall remain in 

23 effect—

24 ‘‘(i) beginning on the date of eligibility 

25 approval for the current school year; and 
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1 ‘‘(ii) ending on the date of the begin2 ning of school in the subsequent school year 

3 or as otherwise specified by the Secretary.’’. 

4 SEC. 203. CERTIFICATION BY LOCAL EDUCATIONAL AGEN5 CIES. 

6 (a) CERTIFICATION BY LOCAL EDUCATIONAL AGEN7 CY.—Section 9 of the Richard B. Russell National School 

8 Lunch Act (42 U.S.C. 1758) is further amended—

9 (1) in subsection (b)(5), by striking ‘‘Local school 

10 authorities’’ and inserting ‘‘Local educational agen11 cies’’; and 

12 (2) in subsection (d)(2)—

13 (A) by striking ‘‘local school food authority’’ 

14 each place it appears and inserting ‘‘local edu15 cational agency’’; and 

16 (B) in subparagraph (A), by striking ‘‘such 

17 authority’’ and inserting ‘‘the local educational 

18 agency’’. 

19 (b) DEFINITION OF LOCAL EDUCATIONAL AGENCY.—

20 Section 12(d) of the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1760(d)) is amended—

22 (1) by redesignating paragraphs (3) through (8) 

23 as paragraphs (4) through (9), respectively; and 

24 (2) by inserting after paragraph (2) the fol25 lowing: 
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1 ‘‘(3) LOCAL EDUCATIONAL AGENCY.—

2 ‘‘(A) IN GENERAL.—The term ‘local edu3 cational agency’ has the meaning given the term 

4 in section 9101 of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 7801). 

6 ‘‘(B) INCLUSION.—The term ‘local edu7 cational agency’ includes, in the case of a pri8 vate nonprofit school food authority, an appro9 priate entity determined by the Secretary.’’. 

10 (c) SCHOOL BREAKFAST PROGRAM.—Section 

11 4(b)(1)(E) of the Child Nutrition Act of 1966 (42 U.S.C. 

12 1773(b)(1)(E)) is amended by striking ‘‘school food author13 ity’’ each place it appears and inserting ‘‘local educational 

14 agency’’. 

15 SEC. 204. COMPLIANCE AND ACCOUNTABILITY. 

16 Section 22 of the Richard B. Russell National School 

17 Lunch Act (42 U.S.C. 1769c) is amended by inserting ‘‘and 

18 local educational agencies’’ after ‘‘food service authorities’’ 

19 each place it appears. 

20 SEC. 205. TECHNOLOGY IMPROVEMENT. 

21 (a) PRIORITY FOR REALLOCATED FUNDS.—Section 

22 7(a)(5)(B)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 

23 1776(a)(5)(B)(ii)) is amended by inserting the following 

24 new sentence at the end: ‘‘The Secretary shall give priority 

25 consideration to States that will use the funds for improve-
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1 ments in technology and information management systems 

2 described in subsection (e)(2).’’. 

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

4 Child Nutrition Act of 1966 (42 U.S.C. 1776(b)) is amended 

5 by striking ‘‘and for staff development’’ and inserting ‘‘for 

6 staff development; and technology and information manage7 ment systems’’. 

8 SEC. 206. MINIMUM STATE ADMINISTRATIVE EXPENSE 

9 GRANTS. 

10 Section 7(a) of the Child Nutrition Act (42 U.S.C. 

11 1776(a)(1)) is further amended—

12 (1) by striking the heading and all that follows 

13 through paragraph (1), and inserting the following: 

14 ‘‘SEC. 7. STATE ADMINISTRATIVE EXPENSES. 

15 ‘‘(a) AMOUNT AND ALLOCATION OF FUNDS.—

16 ‘‘(1) AMOUNT AVAILABLE.—

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

18 subparagraph (B), each fiscal year the Secretary 

19 shall make available to the States for their ad20 ministrative costs an amount equal to not less 

than 11 21 ⁄2 percent of the Federal funds expended 

22 under sections 4, 11, 17, and 17A of the Richard 

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

24 1753, 1759a, 1766, and 1766a)) and sections 3 
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1 and 4 of this Act during the second preceding 

2 fiscal year. 

3 ‘‘(B) MINIMUM AMOUNT.—In the case of 

4 each of fiscal years 2005 through 2007, the Sec5 retary shall make available to each State for 

6 their administrative costs not less than the ini7 tial allocation made to the State under this sub8 section for fiscal year 2004. 

9 ‘‘(C) ALLOCATION.—The Secretary shall al10 locate the funds so provided in accordance with 

11 paragraphs (2), (3), and (4) of this subsection. 

12 ‘‘(D) AUTHORIZATION OF APPROPRIA13 TIONS.—There is authorized to be appropriated 

14 such sums as may be necessary to carry out the 

15 purposes of this section.’’; and 

16 (2) in paragraph (2), by striking ‘‘$100,000’’ 

17 and inserting ‘‘$200,000’’. 

18 SEC. 207. DISTRICT-WIDE ELIGIBILITY FOR SPECIAL ASSIST19 ANCE. 

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

21 School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended—

22 (1) in subparagraph (C)—

23 (A) in clause (i)—

24 (i) by inserting ‘‘or school district’’ 

25 after ‘‘in the case of any school’’; 
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1 (ii) by inserting ‘‘or school district’’ 

2 after ‘‘in the school’’ both times it appears; 

3 (iii) by inserting ‘‘or school district’’ 

4 after ‘‘in the case of a school’’; and 

5 (iv) by inserting ‘‘or school district’’ 

6 after ‘‘with respect to the school’’; 

7 (B) in clause (ii)—

8 (i) by inserting ‘‘or school district’’ 

9 after ‘‘served by a school’’; and 

10 (ii) by inserting ‘‘or school district’’ 

11 after ‘‘served by the school’’; and 

12 (C) in clause (iii) by inserting ‘‘or school 

13 district’’ after ‘‘a school’’; 

14 (2) in subparagraph (D)—

15 (A) in clause (i)—

16 (i) by inserting ‘‘or school district’’ 

17 after ‘‘any school’’; and 

18 (ii) by inserting ‘‘or school district’’ 

19 after ‘‘the school’’; 

20 (B) in clause (ii)—

21 (i) by inserting ‘‘or school district’’ 

22 after ‘‘A school’’; and 

23 (ii) by inserting ‘‘or school district’’ 

24 after ‘‘the school’’; 

25 (C) in clause (iii)—
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1 (i) by inserting ‘‘or school district’’ 

2 after ‘‘a school’’; and 

3 (ii) by inserting ‘‘or school district’’ 

4 after ‘‘the school’’; and 

5 (D) in clause (iv) by inserting ‘‘or school 

6 district’’ after ‘‘levels, a school’’; and 

7 (3) in subparagraph (E)—

8 (A) in clause (i)—

9 (i) by inserting ‘‘or school district’’ 

10 after ‘‘In the case of any school’’; 

11 (ii) by inserting ‘‘or school district’’ 

12 after ‘‘in the school’’ both times it appears; 

13 (iii) by inserting ‘‘or school district’’ 

14 after ‘‘in the case of a school’’; 

15 (iv) by inserting ‘‘or school district’’ 

16 after ‘‘with respect to the school’’; 

17 (v) by inserting ‘‘or school district’’ 

18 after ‘‘received by the school’’; and 

19 (vi) by inserting ‘‘or school district’’ 

20 after ‘‘for which the school’’; and 

21 (B) in clause (ii)— 

22 (i) by inserting ‘‘or school district’’ 

23 after ‘‘A school’’; 
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1 (ii) by inserting ‘‘or school district’’ 

2 after ‘‘for which the school’’ both times it 

3 appears; and 

4 (iii) by inserting ‘‘or school district’’ 

5 after ‘‘population of the school’’ both times 

6 it appears. 

7 SEC. 208. ADMINISTRATIVE ERROR REDUCTION. 

8 (a) FEDERAL SUPPORT FOR TRAINING AND TECH9 NICAL ASSISTANCE.—Section 21 of the Richard B. Russell 

10 National School Lunch Act (42 U.S.C. 1769b–1) is amend11 ed—

12 (1) by redesignating subsection (e) as subsection 

13 (g); and 

14 (2) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) ADMINISTRATIVE TRAINING AND TECHNICAL AS17 SISTANCE MATERIALS.—In collaboration with State edu18 cational agencies, school food authorities, and local edu19 cational agencies of varying sizes, the Secretary shall de20 velop and distribute training and technical assistance ma21 terials relating to the administration of school meal pro22 grams that are—

23 ‘‘(1) prepared by the Secretary (based on re24 search or other sources), a State educational agency, 
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1 a school food authority, or a local educational agency; 

2 and 

3 ‘‘(2) representative of the best management and 

4 administrative practices of State agencies, school food 

5 authorities, and local educational agencies as deter6 mined by the Secretary. 

7 ‘‘(f) FEDERAL ADMINISTRATIVE SUPPORT.—

8 ‘‘(1) FUNDING.—

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

10 Treasury not otherwise appropriated, the Sec11 retary of the Treasury shall transfer to the Sec12 retary of Agriculture to carry out this sub13 section—

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

15 2005, $3,000,000; and 

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

17 1, 2007, $2,000,000. 

18 ‘‘(B) RECEIPT AND ACCEPTANCE.—The Sec19 retary shall be entitled to receive, shall accept, 

20 and shall use to carry out this subsection the 

21 funds transferred under subparagraph (A), with22 out further appropriation. 

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

24 transferred under subparagraph (A) shall re25 main available until expended. 
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1 ‘‘(2) USE OF FUNDS.—The Secretary may use 

2 funds provided under this subsection—

3 ‘‘(A) to provide training and technical as4 sistance related to administrative practices de5 signed to improve program integrity and admin6 istrative accuracy in school meals programs (in7 cluding administrative requirements established 

8 by the Child Nutrition Improvement and Integ9 rity Act and amendments made by that Act) to 

10 State educational agencies and, to the extent de11 termined by the Secretary, to school food au12 thorities and local educational agencies; 

13 ‘‘(B) to assist State educational agencies in 

14 reviewing the administrative practices of school 

15 food authorities, to the extent determined by the 

16 Secretary; and 

17 ‘‘(C) to carry out the activities described in 

18 subsection (e).’’. 

19 (b) SELECTED ADMINISTRATIVE REVIEWS.—Section 

20 22(b) of the Richard B. Russell National School Lunch Act 

21 (42 U.S.C. 1769c(b)) is amended by adding at the end the 

22 following: 

23 ‘‘(3) ADDITIONAL REVIEW REQUIREMENT FOR

24 SELECTED LOCAL EDUCATIONAL AGENCIES.—
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1 ‘‘(A) DEFINITION OF SELECTED LOCAL EDU2 CATIONAL AGENCY.—In this paragraph, the term 

3 ‘selected local educational agency’ means a local 

4 educational agency that has demonstrated a high 

5 level of, or a high risk for, administrative error, 

6 as determined by the Secretary. 

7 ‘‘(B) ADDITIONAL ADMINISTRATIVE RE8 VIEW.—In addition to any review required by 

9 subsection (a) or paragraph (1), each State edu10 cational agency shall conduct an administrative 

11 review of each selected local educational agency 

12 during the review cycle established under sub13 section (a). 

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

15 review under subparagraph (B), a State edu16 cational agency shall only review the adminis17 trative processes of a selected local educational 

18 agency, including application, certification, 

19 verification, meal counting, and meal claiming 

20 procedures. 

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

22 educational agency determines (on the basis of a 

23 review conducted under subparagraph (B)) that 

24 a selected local educational agency fails to meet 
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1 performance criteria established by the Sec2 retary, the State educational agency shall—

3 ‘‘(i) require the selected local edu4 cational agency to develop and carry out an 

5 approved plan of corrective action; 

6 ‘‘(ii) except to the extent technical as7 sistance is provided directly by the Sec8 retary, provide technical assistance to assist 

9 the selected local educational agency in car10 rying out the corrective action plan; and 

11 ‘‘(iii) conduct a follow-up review of the 

12 selected local educational agency under 

13 standards established by the Secretary. 

14 ‘‘(4) RECOVERING FUNDS AFTER ADMINISTRA15 TIVE REVIEWS.—

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graphs (B) and (C), if the local educational 

18 agency fails to meet administrative performance 

19 criteria established by the Secretary in both an 

20 initial review and a follow-up review under 

21 paragraph (1) or (3) or subsection (a), the Sec22 retary may require the State educational agency 

23 to recover funds from the local educational agen24 cy that would otherwise be paid to the school 

25 food authority or local educational agency for 
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1 school meals programs under procedures pre2 scribed by the Secretary. 

3 ‘‘(B) AMOUNT.—The amount of funds recov4 ered under subparagraph (A) shall equal the 

5 value of any overpayments made to the school 

6 food authority or local educational agency as a 

7 result of an erroneous claim during the time pe8 riod described in subparagraph (C). 

9 ‘‘(C) TIME PERIOD.—The period for deter10 mining the value of any such overpayments 

11 under subparagraph (B) shall be the period—

12 ‘‘(i) beginning on the date the erro13 neous claim was made; and 

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

15 the erroneous claim is corrected or—

16 ‘‘(I) in the case of the first review 

17 conducted by the State educational 

18 agency of the local educational agency 

19 under this section after July 1, 2005, 

20 the date that is 60 days after the be21 ginning of the period under clause (i); 

22 or 

23 ‘‘(II) in the case of any subse24 quent review conducted by the State 

25 educational agency of the local edu-
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1 cational agency under this section, the 

2 date that is 90 days after the begin3 ning of the period under clause (i). 

4 ‘‘(5) USE OF RECOVERED FUNDS.—

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), funds recovered under paragraph (4) 

7 shall—

8 ‘‘(i) be returned to the Secretary under 

9 procedures established by the Secretary, and 

10 may be used—

11 ‘‘(I) to provide training and tech12 nical assistance related to administra13 tive practices designed to improve pro14 gram integrity and administrative ac15 curacy in school meals programs (in16 cluding administrative requirements 

17 established by the Child Nutrition Im18 provement and Integrity Act and 

19 amendments made by that Act) to 

20 State educational agencies and, to the 

21 extent determined by the Secretary, to 

22 school food authorities and local edu23 cational agencies; 

24 ‘‘(II) to assist State educational 

25 agencies in reviewing the administra-
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1 tive practices of school food authorities, 

2 to the extent determined by the Sec3 retary; and 

4 ‘‘(III) to carry out section 21(e); 

5 or 

6 ‘‘(ii) be credited to the child nutrition 

7 programs appropriation account. 

8 ‘‘(B) STATE SHARE.—Subject to subpara9 graph (C), a State educational agency may re10 tain not more than 25 percent of an amount re11 covered under paragraph (4), to carry out school 

12 meals program integrity initiatives to assist 

13 school food authorities and local educational 

14 agencies that have repeatedly failed (as deter15 mined by the Secretary) to meet administrative 

16 performance criteria. 

17 ‘‘(C) REQUIREMENT.—To be eligible to re18 tain funds under subparagraph (B), a State edu19 cational agency shall—

20 ‘‘(i) submit to the Secretary a plan de21 scribing how the State educational agency 

22 will use the funds to improve school meals 

23 program integrity, including measures to 

24 give priority to school food authorities and 
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1 local educational agencies from which funds 

2 were retained under paragraph (4); and 

3 ‘‘(ii) obtain the approval of the Sec4 retary for the plan.’’. 

5 (c) TRAINING AND TECHNICAL ASSISTANCE.—Section 

6 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is 

7 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 MANAGEMENT

18 SYSTEMS.—After submitting the initial plan, a State 

19 shall be required to submit to the Secretary for ap20 proval only a substantive change in the plan. Each 

21 State plan shall at a minimum include a description 

22 of how technology and information management sys23 tems will be used to improve program integrity by—

24 ‘‘(A) monitoring the nutrient content of 

25 meals served; 
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1 ‘‘(B) training schools and school food au2 thorities how to utilize technology and informa3 tion management systems for activities such as 

4 menu planning, collecting point of sale data, 

5 processing applications for free and reduced 

6 price meals and verifying eligibility for free and 

7 reduced price meals using existing databases to 

8 access program participation or income data col9 lected by State or local educational agencies; and 

10 ‘‘(C) using electronic data to establish 

11 benchmarks to compare and monitor program 

12 integrity, program participation, and financial 

13 data across schools and school food authorities. 

14 ‘‘(3) TRAINING AND TECHNICAL ASSISTANCE.—

15 Each State shall submit to the Secretary for approval 

16 a plan describing the manner in which the State in17 tends to implement subsection (g) and section 

18 22(b)(3) of the Richard B. Russell National School 

19 Lunch Act (as added by section 208 of the Child Nu20 trition Improvement and Integrity Act).’’; 

21 (2) by redesignating subsection (g) as subsection 

22 (i); and 

23 (3) by inserting after subsection (f) the following: 

24 ‘‘(g) STATE TRAINING.—
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1 ‘‘(1) IN GENERAL.—At least annually, each State 

2 shall provide training in administrative practices 

3 (including training in application, certification, 

4 verification, meal counting, and meal claiming proce5 dures) to school food authority administrative per6 sonnel and other appropriate personnel, with empha7 sis on the requirements established by the Child Nu8 trition Improvement and Integrity Act and the 

9 amendments made by that Act. 

10 ‘‘(2) FEDERAL ROLE.—The Secretary shall—

11 ‘‘(A) provide training and technical assist12 ance (including training materials and informa13 tion developed under subsections (e) and (f) of 

14 section 21 of the Richard B. Russell National 

15 School Lunch Act (42 U.S.C. 1769b–1)) to a 

16 State to assist the State in carrying out para17 graph (1); or 

18 ‘‘(B) at the option of the Secretary, directly 

19 provide training and technical assistance de20 scribed in paragraph (1). 

21 ‘‘(3) THIRD-PARTY CONTRACTING.—In carrying 

22 out this subsection, the Secretary or a State may con23 tract with a third party under procedures established 

24 by the Secretary. 
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1 ‘‘(4) REQUIRED PARTICIPATION.—Under proce2 dures established by the Secretary that consider the 

3 various needs and circumstances of school food au4 thorities, each school food authority or local edu5 cational agency shall ensure that an individual con6 ducting or overseeing administrative procedures de7 scribed in paragraph (1) receives training at least 

8 annually, unless determined otherwise by the Sec9 retary. 

10 ‘‘(h) FUNDING FOR TRAINING AND ADMINISTRATIVE

11 REVIEWS.—

12 ‘‘(1) FUNDING.—

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

14 and on each October 1 thereafter, out of any 

15 funds in the Treasury not otherwise appro16 priated, the Secretary of the Treasury shall 

17 transfer to the Secretary of Agriculture to carry 

18 out this subsection $4,000,000, to remain avail19 able until expended. 

20 ‘‘(B) RECEIPT AND ACCEPTANCE.—The Sec21 retary shall be entitled to receive, shall accept, 

22 and shall use to carry out this subsection the 

23 funds transferred under subparagraph (A), with24 out further appropriation. 

25 ‘‘(2) USE OF FUNDS.—
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the Secretary shall use funds 

3 provided under this subsection to assist States in 

4 carrying out subsection (g) and administrative 

5 reviews of selected school food authorities and 

6 local educational agencies under section 22(b)(3)

7 of the Richard B. Russell National School Lunch 

8 Act (42 U.S.C. 1769c(b)(3)). 

9 ‘‘(B) EXCEPTION.—The Secretary may re10 tain a portion of the amount provided to cover 

11 costs of activities carried out by the Secretary in 

12 lieu of the State. 

13 ‘‘(3) ALLOCATION.—The Secretary shall allocate 

14 funds provided in this subsection to States based on 

15 the number of local educational agencies that have 

16 demonstrated a high level of or a high risk for admin17 istrative error, as determined by the Secretary, taking 

18 into account the requirements established by the Child 

19 Nutrition Improvement and Integrity Act and the 

20 amendments made by that Act. 

21 ‘‘(4) REALLOCATION.—The Secretary may reallo22 cate, to carry out this section, any amounts made 

23 available to carry out this subsection that are not ob24 ligated or expended, as determined by the Secretary.’’. 
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1 TITLE III—PROMOTING NUTRI2 TION QUALITY AND PRE3 VENTING CHILDHOOD OBE4 SITY 

5 SEC. 301. LOCAL SCHOOL WELLNESS POLICY. 

6 Not later than the first day of the school year begin7 ning after June 30, 2006, local educational agencies par8 ticipating in the programs authorized by the Richard B. 

9 Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 

10 and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 

11 seq.) shall establish a local school wellness policy for such 

12 local agency that at a minimum—

13 (1) includes goals for nutrition education, phys14 ical activity and other school-based activities designed 

15 to promote student wellness that the local educational 

16 agency determines are appropriate; 

17 (2) includes nutrition guidelines selected by the 

18 local educational agencies for all foods available on 

19 school campus during the school day with the objec20 tive of promoting student health and reducing child21 hood obesity; 

22 (3) provides an assurance that guidelines for re23 imbursable school meals shall not be less restrictive 

24 than regulations and guidance issued by the Sec25 retary pursuant to section 10(a) and (b) of the Child 
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1 Nutrition Act (42 U.S.C. 1779(a) and (b)) and sec2 tion 9(f)(1) and section 17(a) of the Richard B. Rus3 sell National School Lunch Act (42 U.S.C. 1758(f)(1) 

4 and 1766(a)), as those regulations and guidance 

5 apply to schools; 

6 (4) establishes a plan for ensuring implementa7 tion of the local wellness policy, including designation 

8 of a person or persons within the local educational 

9 agency, or at each school as appropriate, charged 

10 with operational responsibility for ensuring that such 

11 school meets the local wellness policy; and 

12 (5) involves parents, students, representatives of 

13 the school food authority, the school board, school ad14 ministrators, and public in the development of the 

15 school wellness policy. 

16 SEC. 302. SUPPORTING NUTRITION EDUCATION, IMPROV17 ING MEAL QUALITY, AND ACCESS TO LOCAL 

18 FOODS. 

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

20 U.S.C. 1788) is amended—

21 (1) by amending subsection (b) to read as fol22 lows: 

23 ‘‘(b) PURPOSE.—It is the purpose of this section to 

24 support effective nutrition education through assistance to 

25 State agencies, schools, and nonprofit entities for Team Nu-
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1 trition and other nutrition education projects that improve 

2 student understanding of healthful eating patterns, includ3 ing an awareness and understanding of the Dietary Guide4 lines for Americans, the quality of school meals and access 

5 to local foods in schools and institutions operating pro6 grams under the Richard B. Russell National School Lunch 

7 Act (42 U.S.C. 1751 et seq.) and section 4 of this Act.’’; 

8 (2) by striking subsections (c) through (h) and 

9 inserting after subsection (b) the following: 

10 ‘‘(c) TEAM NUTRITION NETWORK.—

11 ‘‘(1) PURPOSE.—The purpose of the Team Nutri12 tion Network is to—

13 ‘‘(A) promote the nutritional health of the 

14 Nation’s school children through nutrition edu15 cation, physical activity and other activities that 

16 support healthy lifestyles for children based on 

17 the Dietary Guidelines for Americans, issued 

18 jointly by the Secretary of Agriculture and the 

19 Secretary of Health and Human Services, and 

20 the physical fitness guidelines issued by the Sec21 retary of Health and Human Services; 

22 ‘‘(B) provide assistance to States for the de23 velopment of State-wide, comprehensive, and in24 tegrated nutrition education and physical fitness 

25 programs; and 
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1 ‘‘(C) provide training and technical assist2 ance to States, school and community nutrition 

3 programs, and child nutrition food service pro4 fessionals. 

5 ‘‘(2) STATE COORDINATOR.—The State Team 

6 Nutrition Network Coordinator shall—

7 ‘‘(A) administer and coordinate a com8 prehensive integrated statewide nutrition edu9 cation program; and 

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

11 Nutrition Service and State agencies responsible 

12 for children’s health programs. 

13 ‘‘(3) TEAM NUTRITION NETWORK.—Subject to the 

14 availability or appropriations to carry out this sub15 section, the Secretary, in consultation with the Sec16 retary of Education, shall, on a competitive basis, 

17 provide assistance to States for the purpose of cre18 ating model nutrition education and physical activity 

19 programs, consistent with current dietary and fitness 

20 guidelines, for students in elementary schools and sec21 ondary schools. 

22 ‘‘(4) REQUIREMENTS FOR STATE PARTICIPA23 TION.—To be eligible to receive assistance under this 

24 subsection, a State Coordinator shall submit an ap25 plication to the Secretary at such time, and in such 
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1 manner, and containing such information as the Sec2 retary may require, including—

3 ‘‘(A) a description of how the proposed nu4 trition and physical activity program will pro5 mote healthy eating and physical activity and 

6 fitness and address the health and social con7 sequences of children who are at risk of becoming 

8 overweight or obese; 

9 ‘‘(B) information describing how nutrition 

10 activities are to be coordinated at the State level 

11 with other health activities conducted by edu12 cation, health and agriculture agencies; 

13 ‘‘(C) information describing how initiatives 

14 to promote physical activity are to be coordi15 nated at the State level with other initiatives to 

16 promote physical activity conducted by edu17 cation, health, and parks and recreation agen18 cies; 

19 ‘‘(D) a description of the consultative proc20 ess that the State Coordinator employed in the 

21 development of the model nutrition and physical 

22 activity programs, including consultations with 

23 individuals and organizations with expertise in 

24 promoting public health, nutrition, or physical 

25 activity, and organizations representing the ag-
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1 riculture, food and beverage, fitness, and sports 

2 and recreation industries; 

3 ‘‘(E) a description of how the State Coordi4 nator will evaluate the effectiveness of its pro5 gram; and

6 ‘‘(F) a description of how any and all com7 munications to parents and guardians of all stu8 dents who are members of a household receiving 

9 or applying for assistance under the program 

10 shall be in an understandable and uniform for11 mat, and, to the extent practicable, in a lan12 guage that parents can understand. 

13 ‘‘(5) DURATION.—Subject to the availability of 

14 funds made available to carry out this subsection, a 

15 State Coordinator shall conduct the project for a pe16 riod of 3 successive school years. 

17 ‘‘(6) AUTHORIZED ACTIVITIES.—An eligible ap18 plicant that receives assistance under this subsection 

19 may use funds to carry out one or more of the fol20 lowing activities—

21 ‘‘(A) collecting, analyzing, and dissemi22 nating data regarding the extent to which chil23 dren and youth in the State are overweight or 

24 physically inactive and the programs and serv25 ices available to meet those needs; 
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1 ‘‘(B) developing and implementing model 

2 elementary and secondary education curricula to 

3 create a comprehensive, coordinated nutrition 

4 and physical fitness awareness and obesity pre5 vention program; 

6 ‘‘(C) developing and implementing pilot 

7 programs in schools to increase physical activity 

8 and to enhance the nutritional status of students, 

9 including through the increased consumption of 

10 fruits and vegetables, whole grains, and lowfat 

11 dairy products; 

12 ‘‘(D) developing and implementing State 

13 guidelines in health, which include nutrition 

14 education, and physical education and empha15 size regular physical activity during school 

16 hours; 

17 ‘‘(E) collaborating with community based 

18 organizations, volunteer organizations, State 

19 medical associations, and public health groups to 

20 develop and implement nutrition and physical 

21 education programs targeting lower income chil22 dren, ethnic minorities, and youth at a greater 

23 risk for obesity; 

24 ‘‘(F) collaborating with public or private 

25 organizations that have as a mission the raising 
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1 of public awareness of the importance of a bal2 anced diet and an active lifestyle; and 

3 ‘‘(G) providing training and technical as4 sistance to teachers and school food service pro5 fessionals consistent with the purpose of this sec6 tion. 

7 ‘‘(7) LIMITATION.—Materials prepared under 

8 this subsection regarding agricultural commodities, 

9 food, or beverages must be factual and without bias. 

10 ‘‘(8) REPORT.—Within 18 months of completion 

11 of the projects and the evaluations, the Secretary shall 

12 submit to the Committee on Education and the Work13 force of the House of Representatives and the Com14 mittee on Health, Education, Labor, and Pensions of 

15 the Senate and the Committee on Agriculture, Nutri16 tion and Forestry of the Senate a report describing 

17 the results of the evaluation of the demonstration pro18 grams and shall make such reports available to the 

19 public, including through the Internet. 

20 ‘‘(9) INDEPENDENT EVALUATION.—

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 enter into an agreement with an independent, 

23 non-partisan science-based research organization 

24 to conduct a comprehensive independent evalua25 tion of the effectiveness of the Team Nutrition 
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1 initiative and the Team Nutrition Network au2 thorized by this subsection and to identify best 

3 practices in—

4 ‘‘(i) improving student understanding 

5 of healthful eating patterns; 

6 ‘‘(ii) engaging students in regular 

7 physical activity and improving physical 

8 fitness; 

9 ‘‘(iii) reducing diabetes and obesity 

10 rates in school children; 

11 ‘‘(iv) improving student nutrition be12 haviors on the school campus including 

13 healthier meal choices evidenced by greater 

14 inclusion of fruits, vegetables, whole grains, 

15 and lean dairy and protein in meal and 

16 snack selections; 

17 ‘‘(v) providing training and technical 

18 assistance for food service professionals re19 sulting in the availability of healthy meals 

20 that appeal to ethnic and cultural taste 

21 preferences; 

22 ‘‘(vi) linking meals programs to nutri23 tion education activities; and 

24 ‘‘(vii) successfully involving school ad25 ministrators, the private sector, public 
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1 health agencies, non-profit organizations, 

2 and other community partners. 

3 ‘‘(B) REPORT.—Not later than October 1, 

4 2007, the Secretary shall transmit the findings of 

5 the independent evaluation to the Committee on 

6 Education and the Workforce of the House of 

7 Representatives, the Committee on Health, Edu8 cation, Labor, and Pensions and the Committee 

9 on Agriculture, Nutrition, and Forestry of the 

10 Senate. 

11 ‘‘(d) LOCAL NUTRITION AND PHYSICAL ACTIVITY

12 PROJECT.—

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

14 appropriations to carry out this subsection, the Sec15 retary, in consultation with the Secretary of Edu16 cation, shall provide assistance to not more than 100 

17 local educational agencies, at least one per State, for 

18 the establishment of pilot projects for purposes of pro19 moting healthy eating habits and increasing physical 

20 activity, consistent with the Dietary Guidelines for 

21 Americans issued jointly by the Secretary of Agri22 culture and the Secretary of Health and Human 

23 Services, among elementary and secondary education 

24 students. 
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1 ‘‘(2) REQUIREMENT FOR PARTICIPATION IN

2 PILOT PROJECT.—To be eligible to receive assistance 

3 under this subsection, a local educational agency 

4 shall, in consultation with individuals who possess 

5 education or experience appropriate for representing 

6 the general field of public health, including nutrition 

7 and fitness professionals, submit to the Secretary an 

8 application that shall include—

9 ‘‘(A) a description of the local educational 

10 agency’s need for nutrition and physical activity 

11 programs; 

12 ‘‘(B) a description of how the proposed 

13 project will improve health and nutrition 

14 through education and increased access to phys15 ical activity; 

16 ‘‘(C) a description of how funds under this 

17 subsection will be coordinated with other pro18 grams under this Act, the Richard B. Russell 

19 National School Lunch Act, or other Acts, as ap20 propriate, to improve student health and nutri21 tion; 

22 ‘‘(D) a statement of the local educational 

23 agency’s measurable goals for nutrition and 

24 physical education programs and promotion; 
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1 ‘‘(E) a description of how the proposed 

2 project will be aligned with the local wellness 

3 policy required under the Act;

4 ‘‘(F) a description of the procedures the 

5 agency will use for assessing and publicly report6 ing progress toward meeting those goals; and 

7 ‘‘(G) a description of how communications 

8 to parents and guardians of participating stu9 dents regarding the activities under this sub10 section shall be in an understandable and uni11 form format, and, to the extent practicable, in a 

12 language that parents can understand. 

13 ‘‘(3) DURATION.—Subject to the availability of 

14 funds made available to carry out this subsection, a 

15 local educational agency receiving assistance under 

16 this subsection shall conduct the project during a pe17 riod of 3 successive school years. 

18 ‘‘(4) AUTHORIZED ACTIVITIES.—An eligible ap19 plicant that receives assistance under this sub20 section—

21 ‘‘(A) shall use funds provided to—

22 ‘‘(i) promote healthy eating through 

23 the development and implementation of nu24 trition education programs and curricula 
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1 based on the Dietary Guidelines for Ameri2 cans; and 

3 ‘‘(ii) increase opportunities for phys4 ical activity through after school programs, 

5 athletics, intramural activities, and recess; 

6 and 

7 ‘‘(B) may use funds provided to—

8 ‘‘(i) educate parents and students 

9 about the relationship of a poor diet and in10 activity to obesity and other health prob11 lems; 

12 ‘‘(ii) develop and implement physical 

13 education programs that promote fitness 

14 and lifelong activity; 

15 ‘‘(iii) provide training and technical 

16 assistance to food service professionals to de17 velop nutritious, more appealing menus and 

18 recipes; 

19 ‘‘(iv) incorporate nutrition education 

20 into physical education, health education, 

21 and after school programs, including ath22 letics; 

23 ‘‘(v) involve parents, nutrition profes24 sionals, food service staff, educators, com25 munity leaders, and other interested parties 
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1 in assessing the food options in the school 

2 environment and developing and imple3 menting an action plan to promote a bal4 anced and healthy diet; 

5 ‘‘(vi) provide nutrient content or nu6 trition information on meals served through 

7 the school lunch or school breakfast pro8 grams and items sold a la carte during 

9 meal times; 

10 ‘‘(vii) encourage the increased con11 sumption of a variety of healthy foods 

12 through new initiatives such as salad bars 

13 and fruit bars; and 

14 ‘‘(viii) provide nutrition education, in15 cluding sports nutrition education, for 

16 teachers, coaches, food service staff, athletic 

17 trainers, and school nurses. 

18 ‘‘(5) LIMITATION.—Materials prepared under 

19 this subsection regarding agricultural commodities, 

20 food, or beverages must be factual and without bias. 

21 ‘‘(6) REPORT.—Within 18 months of completion 

22 of the projects and evaluations, the Secretary shall 

23 transmit to the Committee on Education and the 

24 Workforce of the House of Representatives and the 

25 Committee on Health, Education, Labor, and Pen-
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1 sions and the Committee on Agriculture, Nutrition 

2 and Forestry of the Senate a report describing the re3 sults of the evaluation of the pilot projects and shall 

4 make such reports available to the public, including 

5 through the Internet. 

6 ‘‘(e) NUTRITION EDUCATION SUPPORT.—

7 ‘‘(1) IN GENERAL.—In carrying out the purpose 

8 of this section to support nutrition education, the Sec9 retary may provide for technical assistance and 

10 grants to improve the quality of school meals and ac11 cess to local foods in schools and institutions. 

12 ‘‘(2) SCHOOL MEALS INITIATIVE.—The Secretary 

13 may provide assistance to enable State educational 

14 agencies to—

15 ‘‘(A) implement the recommendations of the 

16 Secretary’s School Meals Initiative for Healthy 

17 Children; 

18 ‘‘(B) increase the consumption of fruits, 

19 vegetables, low-fat dairy products, and whole 

20 grains; 

21 ‘‘(C) reduce saturated fat and sodium in 

22 school meals; 

23 ‘‘(D) improve school nutritional environ24 ments; and 
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1 ‘‘(E) conduct other activities that aid 

2 schools in carrying out the Secretary’s School 

3 Meals Initiative for Healthy Children. 

4 ‘‘(3) ACCESS TO LOCAL FOODS.—The Secretary 

5 may provide assistance, through competitive matching 

6 grants and technical assistance, to schools and non7 profit entities for projects that—

8 ‘‘(A) improve access to local foods in schools 

9 and institutions participating in programs 

10 under the Richard B. Russell National School 

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

12 4 of this Act through farm-to-cafeteria activities 

13 that may include the acquisition of food and ap14 propriate equipment and the provision of train15 ing and education; 

16 ‘‘(B) are, at a minimum, designed to pro17 cure local foods from small- and medium-sized 

18 farms for school meals; 

19 ‘‘(C) support nutrition education activities 

20 or curriculum planning that incorporates the 

21 participation of schoolchildren in farm and agri22 culture education activities; 

23 ‘‘(D) develop a sustained commitment to 

24 farm-to-cafeteria projects in the community by 
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1 linking schools, agricultural producers, parents, 

2 and other community stakeholders; 

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

4 contributions; 

5 ‘‘(F) require a Federal share of costs not to 

6 exceed 75 percent; 

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

8 of cash or in kind contributions (including fa9 cilities, equipment, or services provided by State 

10 and local governments and private sources); and 

11 ‘‘(H) cooperate in an evaluation to be car12 ried out by the Secretary.’’; and 

13 (3) by redesignating subsection (i) as subsection 

14 (f), and amending paragraph (1) of such subsection 

15 to read as follows: 

16 ‘‘(1) IN GENERAL.—There is authorized to be ap17 propriated such sums as may be necessary for car18 rying out this section for fiscal years 2004 through 

19 2008.’’. 

20 SEC. 303. FRUITS AND VEGETABLE COMMODITIES. 

21 Section 6(c)(1)(D) of the Richard B. Russell National 

22 School Lunch Act (42 U.S.C. 1755(c)(1)(D)) is amended by 

23 inserting ‘‘, and fruits and vegetables’’ before the period. 
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1 SEC. 304. FLUID MILK. 

2 Section 9(a)(2) of the Richard B. Russell National 

3 School Lunch Act (42 U.S.C. 1758(a)(2)) is amended to 

4 read as follows: 

5 ‘‘(2) FLUID MILK.—

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

7 schools participating in the school lunch pro8 gram under this Act—

9 ‘‘(i) shall offer students fluid milk in a 

10 variety of fat contents; 

11 ‘‘(ii) may offer students flavored and 

12 unflavored fluid milk and lactose-free fluid 

13 milk; and 

14 ‘‘(iii) shall provide a substitute for 

15 fluid milk for students whose disability re16 stricts their diet, upon receipt of a written 

17 statement from a licensed physician that 

18 identifies the disability that restricts the 

19 student’s diet and that specifies the sub20 stitute for fluid milk. 

21 ‘‘(B) SUBSTITUTES.—

22 ‘‘(i) STANDARDS FOR SUBSTITUTION.—

23 Schools may substitute for the fluid milk 

24 provided under subparagraph (A), a non25 dairy beverage that is nutritionally equiva26 lent to fluid milk and meets nutritional 
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1 standards as established by the Secretary 

2 (which shall, among other requirements to 

3 be determined by the Secretary, include for4 tification of calcium, protein, vitamin A, 

5 and vitamin D to levels found in cow’s 

6 milk) for students who cannot consume 

7 fluid milk because of a medical or other spe8 cial dietary need other than a disability de9 scribed in subparagraph (A)(iii). 

10 ‘‘(ii) NOTICE.—Such substitutions may 

11 be made if the school notifies the State agen12 cy that it is implementing a variation al13 lowed under this subparagraph, and if such 

14 substitution is requested by written state15 ment of a medical authority or by a stu16 dent’s parent or legal guardian that identi17 fies the medical or other special dietary 

18 need that restricts the student’s diet, pro19 vided that the school shall not be required to 

20 provide beverages other than those it has 

21 identified as acceptable substitutes. 

22 ‘‘(iii) EXCESS EXPENSES BORNE BY

23 THE SCHOOL DISTRICT.—Expenses incurred 

24 in providing substitutions pursuant to this 

25 subparagraph that are in excess of those 
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1 covered by reimbursements under this Act 

2 shall be paid by the school district. 

3 ‘‘(C) RESTRICTIONS ON SALE OF MILK PRO4 HIBITED.—A school or institution that partici5 pates in the school lunch program under this Act 

6 shall not directly or indirectly restrict the sale or 

7 marketing of fluid milk products by the school 

8 (or by a person approved by the school) at any 

9 time or any place—

10 ‘‘(i) on the school premises; or 

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

12 SEC. 305. WAIVER OF REQUIREMENTS FOR WEIGHTED 

13 AVERAGES FOR NUTRIENT ANALYSIS. 

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

15 School Lunch Act (42 U.S.C 1758(f)(5)) is amended to read 

16 as follows: 

17 ‘‘(5) WAIVER OF REQUIREMENTS FOR WEIGHTED

18 AVERAGES FOR NUTRIENT ANALYSIS.—State edu19 cational agencies may grant waivers to school food 

20 authorities to the requirement for weighted averages 

21 for nutrient analysis of menu items and foods offered 

22 or served as part of a meal offered or served under 

23 the school lunch program under this Act or the school 

24 breakfast program under section 4 of the Child Nutri25 tion Act of 1966 (42 U.S.C. 1773) if—
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1 ‘‘(A) the school food authority has an equiv2 alent system for conducting a nutrient analysis, 

3 subject to State agency approval; and 

4 ‘‘(B) the equivalent system adequately docu5 ments the extent to which the school food author6 ity is meeting the Dietary Guidelines for Ameri7 cans and other nutrition standards. 

8 In addition, the Secretary may waive, on a case by 

9 case basis, the requirement for a State agency to use 

10 weighted averages when conducting a nutrient anal11 ysis as part of a review (of compliance with the Die12 tary Guidelines and other nutrition standards) of a 

13 school food authority not using nutrient standard 

14 menu planning, when, in the Secretary’s determina15 tion, an alternative analysis would yield results that 

16 would adequately measure a school food authority’s 

17 compliance with current nutrition standards for 

18 school meals.’’. 

19 SEC. 306. WHOLE GRAINS. 

20 Not later than 18 months after the date of enactment 

21 of this Act, the Secretary shall promulgate rules, based on 

22 Federal nutrition guidelines, to increase the presence of 

23 whole grains in foods offered in school nutrition programs 

24 under the Richard B. Russell National School Lunch Act 
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1 (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 

2 (42 U.S.C. 1771 et seq.). 

3 TITLE IV—IMPROVING THE 

4 WOMEN, INFANTS, AND CHIL5 DREN PROGRAM 

6 SEC. 401. DEFINITION OF NUTRITION EDUCATION. 

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

8 (42 U.S.C. 1786(b)(7)) is amended—

9 (1) by inserting ‘‘and physical activity’’ after 

10 ‘‘dietary habits’’; and 

11 (2) by striking ‘‘nutrition and health’’ and in12 serting ‘‘nutrition, health, and child development’’. 

13 SEC. 402. DEFINITION OF SUPPLEMENTAL FOODS. 

14 Section 17(b)(14) of the Child Nutrition Act of 1966 

15 (42 U.S.C. 1786(b)(14)) is amended by inserting after 

16 ‘‘children’’ the following: ‘‘and foods that promote health as 

17 indicated in the most recent Dietary Guidelines for Ameri18 cans published under section 301 of the National Nutrition 

19 Monitoring and Related Research Act of 1990 (7 U.S.C. 

20 5341)’’. 

21 SEC. 403. IMPROVING CERTIFICATION. 

22 (a) CERTIFICATION OF WOMEN WHO ARE

23 BREASTFEEDING.—Section 17(d)(3)(A) of the Child Nutri24 tion Act of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended by 

25 adding at the end the following: ‘‘A State may certify 
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1 breast-feeding women for up to 1 year, or until women stop 

2 breast-feeding, whichever is earlier.’’. 

3 (b) PHYSICAL PRESENCE REQUIREMENT.—Section 

4 17(d)(3)(C)(ii) of the Child Nutrition Act of 1966 (42 

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

6 (1) in subclause (I)(bb), by striking ‘‘from a pro7 vider other than the local agency; or’’ and inserting 

8 a semicolon; 

9 (2) in subclause (II)(cc), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

11 (3) by inserting after subclause (II) the fol12 lowing: 

13 ‘‘(III) an infant under 8 weeks of 

14 age—

15 ‘‘(aa) who cannot be present 

16 at certification for a reason deter17 mined appropriate by the local 

18 agency; and 

19 ‘‘(bb) for whom all necessary 

20 certification information is pro21 vided.’’. 

22 (c) PROCESSING APPLICATIONS UNDER SPECIAL CIR23 CUMSTANCES.—Section 17(f)(1)(C) of the Child Nutrition 

24 Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended by—
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1 (1) redesignating clauses (ix) and (x) as clauses 

2 (x) and (xi), respectively; and 

3 (2) inserting after clause (viii) the following:

4 ‘‘(ix) procedures whereby a State agen5 cy may accept and process vendor applica6 tions outside of the established time-frames, 

7 such as in situations in which a previously 

8 authorized vendor changes ownership under 

9 circumstances that do not permit timely no10 tification to the State agency of such change 

11 in ownership;’’. 

12 (d) RESCHEDULING POLICIES.—Section 17(f)(19) of 

13 the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(19)) is 

14 amended—

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

16 and inserting a semicolon; 

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

18 and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(C) require local agencies to permit an appli21 cant or participant to reschedule an appointment to 

22 apply or be recertified for the program.’’. 
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1 SEC. 404. REVIEWS OF AVAILABLE SUPPLEMENTAL FOODS. 

2 (a) SCIENTIFIC REVIEW.—Section 17(f)(11) of the 

3 Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)) is 

4 amended to read as follows: 

5 ‘‘(11)(A) The Secretary shall prescribe by regulations 

6 the supplemental foods to be made available in the program 

7 under this section. To the degree possible the Secretary shall 

8 assure that the fat, sugar, and salt content of the prescribed 

9 foods is appropriate. 

10 ‘‘(B) Beginning in 2013 and every 10 years thereafter, 

11 or more frequently if determined by the Secretary to be nec12 essary to reflect current scientific knowledge, the Secretary 

13 shall conduct a scientific review of the supplemental foods 

14 available in the program and recommend, as necessary, 

15 changes to reflect nutrition science, current public health 

16 concerns, and cultural eating patterns.’’. 

17 (b) RULEMAKING.—The Secretary shall promulgate a 

18 rule updating the prescribed supplemental foods available 

19 through the program authorized under section 17 of the 

20 Child Nutrition Act of 1966 (42 U.S.C. 1786) within 6 

21 months of receiving the review of the food package for such 

22 program undertaken by the National Academy of Sciences, 

23 Institute of Medicine in September 2003. 
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1 SEC. 405. NOTIFICATION OF VIOLATIONS AND INFANT FOR2 MULA BENEFITS. 

3 Section 17(f) of the Child Nutrition Act of 1966 (42 

4 U.S.C. 1786(f)) is amended by adding at the end the fol5 lowing: 

6 ‘‘(25) NOTIFICATION OF VIOLATIONS.—If a State 

7 agency finds that a vendor has committed a violation 

8 that requires a pattern of occurrences in order to im9 pose a sanction, the State agency shall notify the ven10 dor of the initial violation in writing prior to docu11 mentation of another violation, unless the State agen12 cy determines that notifying the vendor would com13 promise its investigation. 

14 ‘‘(26) INFANT FORMULA BENEFITS.—

15 ‘‘(A) IN GENERAL.—The State agency may 

16 round up to the next whole can of infant formula 

17 to ensure that all infants receive the full-author18 ized nutritional benefit specified by regulation. 

19 ‘‘(B) LIMITATION.—Subparagraph (A) ap20 plies only to infant formula contracts awarded 

21 under bid solicitations made on or after October 

22 1, 2004.’’. 

23 SEC. 406. HEALTHY PEOPLE 2010 INITIATIVE. 

24 Section 17(h)(4) of the Child Nutrition Act of 1966 

25 (42 U.S.C. 1786(h)(4)) is amended—
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1 (1) in subparagraph (D), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (2) in subparagraph (E), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (3) by inserting after subparagraph (E) the fol6 lowing: 

7 ‘‘(F) partner with communities, State and 

8 local agencies, employers, health care profes9 sionals, and the private sector to build a sup10 portive breastfeeding environment for women 

11 participating in the program under this section 

12 to support the breastfeeding goals of the Healthy 

13 People 2010 initiative.’’. 

14 SEC. 407. COMPETITIVE BIDDING. 

15 Section 17(h)(8)(A) of the Child Nutrition Act of 1966 

16 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end 

17 the following: 

18 ‘‘(iv) REBATE INVOICES.—Each State 

19 agency shall have a system to ensure that 

20 infant formula rebate invoices, under com21 petitive bidding, provide a reasonable esti22 mate or an actual count of the number of 

23 units sold to participants in the program 

24 under this section. 
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1 ‘‘(v) CENT-FOR-CENT ADJUSTMENTS.—

2 A bid solicitation for infant formula under 

3 the program made on or after October 1, 

4 2004 shall require the manufacturer to ad5 just for price changes subsequent to the 

6 opening of the bidding process in a manner 

7 that requires—

8 ‘‘(I) a cent-for-cent increase in the 

9 rebate amounts if there is an increase 

10 in the lowest national wholesale price 

11 for a full truckload of the particular 

12 infant formula; or 

13 ‘‘(II) a cent-for-cent decrease in 

14 the rebate amounts if there is a de15 crease in the lowest national wholesale 

16 price for a full truckload of the par17 ticular infant formula.’’. 

18 SEC. 408. FRUIT AND VEGETABLE PROJECTS. 

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

20 1966 (42 U.S.C. 1786(h)(10)(B)(ii)) is amended by insert21 ing after ‘‘under this section’’ the following: ‘‘, which may 

22 include demonstration projects in up to 10 local sites, deter23 mined to be geographically and culturally representative of 

24 local States and Indian agencies, to evaluate the inclusion 

25 of fresh, frozen, or canned fruits and vegetables (to be made 
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1 available through private funds) as an addition to the sup2 plemental food provided under this section’’. 

3 SEC. 409. PRICE LEVELS OF RETAIL STORES. 

4 Section 17(h)(11) of the Child Nutrition Act of 1966 

5 is amended by adding at the end the following: 

6 ‘‘(C) ADDITIONAL REQUIREMENTS.—

7 ‘‘(i) The State agency shall evaluate a 

8 vendor applicant based on its shelf prices or

9 on the prices it bids for supplemental foods, 

10 which may not exceed its shelf prices. 

11 ‘‘(ii) The State agency shall establish 

12 price limitations on the amount that it will 

13 pay vendors for supplemental foods. The 

14 State agency shall ensure that price limita15 tions do not result in inadequate partici16 pant access by geographic area. 

17 ‘‘(iii) In establishing competitive price 

18 and price limitation requirements, the State 

19 agency may exclude pharmacy vendors that 

20 supply only exempt infant formula or med21 ical foods that are eligible under the pro22 gram. 

23 ‘‘(iv) The State agency shall establish 

24 competitive price requirements and price 

25 limitations for vendor peer groups, as nec-
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1 essary to ensure that prices paid to vendors 

2 are competitive. Vendor peer group competi3 tive price requirements and price limita4 tions may reflect reasonable estimates of 

5 varying costs of acquisition of supplemental 

6 foods. 

7 ‘‘(D) INCENTIVE ITEMS.—The State agency 

8 shall not authorize a retail food store that pro9 vides incentive items or other free merchandise to 

10 program participants if funds available under 

11 this program were used to purchase such items 

12 or merchandise. 

13 ‘‘(E) RULES OF CONSTRUCTION.—Nothing 

14 in this section may be construed to authorize vio15 lation of the Sherman Antitrust Act (15 U.S.C. 

16 1 et seq.) or the Robinson-Patman Act (15 

17 U.S.C. 13 et seq.).’’. 

18 SEC. 410. MANAGEMENT INFORMATION SYSTEMS. 

19 Section 17(h)(12) of the Child Nutrition Act of 1996 

20 (42 U.S.C. 1786(h)(12)) is amended—

21 (1) by amending subparagraph (B) to read as 

22 follows: 

23 ‘‘(B) ELECTRONIC BENEFIT TRANSFER SYS24 TEMS.—
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1 ‘‘(i) IN GENERAL.—All States that re2 ceive Federal funds for design or implemen3 tation of electronic benefit transfer (EBT) 

4 systems for the program under this section 

5 shall use technical specifications or stand6 ards, as applicable, as determined by the 

7 Secretary, except as provided in clause (ii). 

8 ‘‘(ii) EXISTING SYSTEMS.—EBT sys9 tems for the program under this section that 

10 are in development or are issuing benefits 

11 as of the date of enactment shall be required 

12 to submit within 6 months after the date of 

13 enactment of this subparagraph a plan for 

14 compliance. 

15 ‘‘(iii) WAIVER.—The Secretary may 

16 waive compliance with this subparagraph 

17 for State EBT systems for the program 

18 under this section that are issuing benefits 

19 as of the date of enactment of this subpara20 graph until such time that compliance is 

21 feasible.’’; and 

22 (2) by amended subparagraph (C) to read as fol23 lows: 

24 ‘‘(C) UNIVERSAL PRODUCT CODES DATABASE.—

25 The Secretary shall implement a national Universal 
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1 Product Code Database for use by all State agencies 

2 in carrying out the program and shall make available 

3 from appropriated funds such sums as may be re4 quired for hosting, hardware, and software configura5 tion, and support.’’. 

6 SEC. 411. INFANT FORMULA FRAUD PREVENTION. 

7 Section 17(h) of the Child Nutrition Act of 1966 (42 

8 U.S.C. 1786(h)) is further amended by adding at the end 

9 the following: 

10 ‘‘(13) APPROVED PROVIDERS OF INFANT FORMULA.—

11 ‘‘(A) IN GENERAL.—The State agency shall 

12 maintain a list of infant formula manufacturers, 

13 wholesalers, distributors, and retailers approved to 

14 provide infant formula to vendors. 

15 ‘‘(B) LIST.—The list required under subpara16 graph (A) shall include food manufacturers, whole17 salers, distributors, and retailers licensed in the State 

18 in accordance with State law and regulations to dis19 tribute infant formula and food manufacturers reg20 istered with the U.S. Food and Drug Administration 

21 that provide infant formula. 

22 ‘‘(C) PURCHASE REQUIREMENT.—Vendors au23 thorized to participate in the program under this sec24 tion shall purchase infant formula from the list re25 quired under subparagraph (A).’’. 
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1 SEC. 412. STATE ALLIANCES. 

2 Section 17 of the Child Nutrition Act of 1966 (42 

3 U.S.C. 1786) is further amended—

4 (1) in subsection (b) by adding at the end the 

5 following: 

6 ‘‘(22) ‘State alliance’ means 2 or more State 

7 agencies that join together for the purpose of pro8 curing infant formula by soliciting competitive bids.’’; 

9 and 

10 (2) in subsection (h)(8)(A) by adding at the end 

11 the following: 

12 ‘‘(vi) SIZE OF STATE ALLIANCES.—No 

13 State alliance may form among States 

14 whose infant participation exceeds 200,000 

15 based on program participation as of Octo16 ber 2003, except that—

17 ‘‘(I) an alliance among States 

18 with a combined 200,000 infant par19 ticipants as of October 2003 may con20 tinue, and may expand to include 

21 more than 200,000 infants, but may 

22 not expand to include any additional 

23 State agencies that were not included 

24 in the alliance as of October 1, 2003, 

25 other than as provided in subclause 

26 (II); and 
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1 ‘‘(II) any State agency serving 

2 fewer than 5,000 infant participants 

3 as of October 2003, or any Indian 

4 Tribal Organization, may request to 

5 join any State alliance.’’.

6 SEC. 413. LIMITS ON EXPENDITURES. 

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

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

9 striking ‘‘1 percent’’ and inserting ‘‘3 percent’’. 

10 SEC. 414. MIGRANT AND COMMUNITY HEALTH CENTERS INI11 TIATIVE. 

12 Section 17(j) of the Child Nutrition Act of 1966 (42 

13 U.S.C. 1786(j)) is amended by striking paragraph (4) and 

14 redesignating paragraph (5) as paragraph (4). 

15 SEC. 415. DEMONSTRATION PROJECTS. 

16 (a) CHILD NUTRITION ACT OF 1966.—Section 17 of 

17 the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amend18 ed by striking subsection (r). 

19 (b) NATIONAL SCHOOL LUNCH ACT.—Section 12 of the 

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

21 1760) is amended by striking subsection (p). 

22 SEC. 416. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) REAUTHORIZATION OF PROGRAM.—Section 17(g) 

24 of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)) is 

25 amended by striking ‘‘(g)(1) There are authorized’’ and all 
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1 that follows through ‘‘through 2003.’’ in paragraph (1) and 

2 inserting the following: 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—

4 ‘‘(1) IN GENERAL.—There is authorized to be ap5 propriated to carry out this section such sums as are 

6 necessary for each of fiscal years 2004 through 2008.’’. 

7 (b) NUTRITION SERVICES AND ADMINISTRATION

8 FUNDS.—Section 17(h) of the Child Nutrition Act of 1966 

9 (42 U.S.C. 1786(h)) is amended—

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

11 through 2003’’ and inserting ‘‘2004 through 2008’’; 

12 and 

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

14 through 2003’’ and inserting ‘‘2004 through 2008’’. 

15 (c) FARMERS’ MARKET NUTRITION PROGRAM.—Sec16 tion 17(m)(9)(A)(i) of the Child Nutrition Act of 1966 (42 

17 U.S.C. 1786(m)(9)) is amended to read as follows: 

18 ‘‘(i) AUTHORIZATION OF APPROPRIA19 TIONS.—There is authorized to be appro20 priated to carry out this subsection such 

21 sums as are necessary for each of fiscal 

22 years 2004 through 2008.’’. 
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1 TITLE V—REAUTHORIZATION, 

2 MISCELLANEOUS PROVI3 SIONS, AND EFFECTIVE DATE. 

4 SEC. 501. TRAINING, TECHNICAL, AND OTHER ASSISTANCE. 

5 Section 21(a)(1) of the Richard B. Russell National 

6 School Lunch Act (42 U.S.C. 1769b–1(a)(1)) is amended 

7 to read as follows: 

8 ‘‘(1) subject to the availability of and from 

9 amounts appropriated pursuant to subsection (e)(1), 

10 shall provide—

11 ‘‘(A) training and technical assistance to 

12 improve the skills of individuals employed in 

13 food service programs carried out under this Act, 

14 section 4 of the Child Nutrition Act of 1966 (42 

15 U.S.C. 1773), and, as appropriate, other feder16 ally assisted feeding programs; 

17 ‘‘(B) training and technical assistance to 

18 States, State agencies, schools, and school food 

19 authorities in the procurement of goods and serv20 ices for programs under this Act and the Child 

21 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 

22 including training and technical assistance to 

23 ensure compliance with section 12(n) of this Act 

24 (42 U.S.C. 1760(n)); 
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1 ‘‘(C) assistance, on a competitive basis, to 

2 State agencies for the purpose of aiding schools 

3 and school food authorities with at least 50 per4 cent of enrolled children certified to receive free 

5 or reduced price meals, and, if there are any re6 maining funds, other schools and school food au7 thorities in meeting the cost of acquiring or up8 grading technology and information manage9 ment systems for use in food service programs 

10 carried out under this Act and section 4 of the 

11 Child Nutrition Act of 1966 (42 U.S.C. 1773) if 

12 the school or school food authority submits to the 

13 State agency an infrastructure development plan 

14 that addresses the cost savings and improvements 

15 in program integrity and operations that would 

16 result from the use of new or upgraded tech17 nology in—

18 ‘‘(i) methods to ensure that there shall 

19 not be any overt identification of any such 

20 child by special tokens or tickets, announced 

21 or published list of names, or by any other 

22 means; 

23 ‘‘(ii) processing and verifying applica24 tions for free and reduced price school 

25 meals; 
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1 ‘‘(iii) integrating menu planning, pro2 duction, and serving data to monitor com3 pliance with section 9(f)(1); and 

4 ‘‘(iv) establishing compatibility with 

5 statewide reporting systems; 

6 ‘‘(D) assistance, on a competitive basis, to 

7 State agencies with low proportions of schools or 

8 students that participate in the school breakfast 

9 program under section 4 of the Child Nutrition 

10 Act of 1966 (42 U.S.C. 1773) and that dem11 onstrate the greatest need, for the purpose of aid12 ing schools in meeting costs associated with ini13 tiating or expanding a school breakfast program 

14 under section 4 of the Child Nutrition Act of 

15 1966 (42 U.S.C. 1773), including outreach and 

16 informational activities; and’’. 

17 SEC. 502. NOTICE OF IRRADIATED FOOD. 

18 Section 14 of the Richard B. Russell National School 

19 Lunch Act (42 U.S.C. 1762a) is amended by adding at the 

20 end the following: 

21 ‘‘(h) NOTICE OF IRRADIATED FOOD.—The Secretary 

22 shall develop policy and establish procedures for the pur23 chase and distribution of irradiated food products in Fed24 eral school meals programs. The policies and procedures 

25 shall ensure at a minimum that—
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1 ‘‘(1) irradiated food products are made available 

2 only at the request of States and school food authori3 ties; 

4 ‘‘(2) reimbursements to schools for irradiated 

5 food products are equal to reimbursements to schools 

6 for non-irradiated products; 

7 ‘‘(3) States and school food service authorities 

8 are provided factual information on the science and

9 evidence regarding irradiation technology, including 

10 notice that irradiation is not a substitute for safe food 

11 handling techniques and any such other information 

12 necessary to promote food safety in school meal pro13 grams; 

14 ‘‘(4) States and school food service authorities 

15 are provided model procedures for providing factual 

16 information on the science and evidence regarding ir17 radiation technology and any such other information 

18 necessary to promote food safety in school meals to 

19 school food service authorities, parents, and students 

20 regarding irradiation technology; 

21 ‘‘(5) irradiated food products distributed to the 

22 Federal school meals program are labeled with a sym23 bol or other printed notice indicating that the product 

24 was treated with irradiation and is prominently dis-
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1 played in a clear and understandable format on the 

2 container; 

3 ‘‘(6) irradiated products are not commingled 

4 with non-irradiated products in containers; and 

5 ‘‘(7) encourages schools that offer irradiated 

6 foods to offer alternatives to irradiated food products 

7 as part of the meal plan used by schools.’’. 

8 SEC. 503. SENSE OF CONGRESS. 

9 Section 12 of the Richard B. Russell National School 

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

11 at the end the following: 

12 ‘‘(p) SENSE OF CONGRESS.—It is the sense of Congress 

13 that Federal resources provided under this Act and the 

14 Child Nutrition Act of 1966 dedicated to child nutrition 

15 should support the most effective programs within the Fed16 eral agency that is most capable of assisting children in 

17 nutritional need. Congress encourages the elimination of 

18 initiatives that are duplicative of other Federal efforts, par19 ticularly those that are duplicative of programs conducted 

20 under this Act and the Child Nutrition Act of 1966.’’. 

21 SEC. 504. REAUTHORIZATION OF PROGRAMS. 

22 (a) STATE ADMINISTRATIVE EXPENSES.—Section 7(i) 

23 of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)) (as 

24 amended by this Act) is amended by striking ‘‘2003’’ and 

25 inserting ‘‘2008’’. 
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1 (b) COMMODITY DISTRIBUTION PROGRAM.—

2 (1) Section 14(a) of the Richard B. Russell Na3 tional School Lunch Act (42 U.S.C. 1762a(a)) is 

4 amended by striking ‘‘March 31, 2004’’ and inserting 

5 ‘‘September 30, 2008’’. 

6 (2) Section 15(e) of the Commodity Distribution 

7 Reform Act and WIC Amendments of 1987 (7 U.S.C. 

8 612c note; Public Law 100–237) is amended by strik9 ing ‘‘April 1, 2004’’ and inserting ‘‘October 1, 2008’’. 

10 (c) PURCHASES OF LOCALLY PRODUCED FOODS.—

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

12 School Lunch Act (42 U.S.C. 758(j)(2)(A)) is amended by 

13 striking ‘‘2007’’ and inserting ‘‘2008’’. 

14 (d) TRAINING, TECHNICAL ASSISTANCE, AND FOOD

15 SERVICE MANAGEMENT INSTITUTE.—Section 21(g)(1) of 

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

17 U.S.C. 1769b–1(e)(1)) (as amended by this Act) is further 

18 amended by striking ‘‘for each of fiscal years 1992 through 

19 2003’’ and inserting ‘‘for fiscal year 2004, and such sums 

20 as may be necessary for fiscal years 2005 through 2008’’. 

21 (e) COMPLIANCE AND ACCOUNTABILITY.—Section 

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

23 (42 U.S.C. 1769c(d)) is amended by striking ‘‘2003’’ and 

24 inserting ‘‘2008’’. 
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1 SEC. 505. EFFECTIVE DATES. 

2 The amendments made by sections 101, 104, 105(a), 

3 202, 410, 416, and 504 shall take effect on the date of enact4 ment of this Act. The amendments made by sections 201 

5 and 208(c) shall take effect on July 1, 2005. All other 

6 amendments made by this Act shall take effect October 1, 

7 2005.
Union Calendar No. 258

108TH CONGRESS 

2D SESSION H. R. 3873

[Report No. 108–445] 

A BILL

To amend the Richard B. Russell National School 

and for other purposes. restore the integrity of child nutrition programs, to improve children’s nutritional health, and to tion assistance, to simplify program operations, to provide children with access to food and nutriLunch Act and the Child Nutrition Act of 1966 

MARCH 23, 2004

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,