I 

108TH CONGRESS 

2D SESSION H. R. 3873

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 

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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘The Child Nutrition 

3 Improvement and Integrity Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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 special payments. 

Sec. 104. Reauthorization of Summer food programs. 

Sec. 105. Child and adult care food program. 

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. 

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. Fruit and vegetable pilot program. 

Sec. 305. Fluid milk. 

Sec. 306. Waiver of requirements for weighted averages for nutrient analysis. 

Sec. 307. Whole grains. 

Sec. 308. Study on Healthy School Environments. 

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. Competitive bidding. 

Sec. 407. Fruit and vegetable projects. 

Sec. 408. Management information systems. 
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Sec. 409. Infant formula fraud prevention. 

Sec. 410. State alliances. 

Sec. 411. Limits on expenditures. 

Sec. 412. Migrant and community health centers initiative. 

Sec. 413. Demonstration projects. 

Sec. 414. 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. Reauthorization of programs. 

Sec. 504. Effective date.

1 TITLE I—ENSURING ACCESS TO 

2 CHILD NUTRITION PROGRAMS 

3 SEC. 101. EXCLUSION OF MILITARY HOUSING ALLOW4 ANCES. 

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

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

7 striking ‘‘For each of fiscal years 2002’’ and all that fol8 lows through ‘‘the amount’’ and insert ‘‘The amount’’. 

9 SEC. 102. HOMELESS CHILDREN AND RUNAWAY YOUTH ELI10 GIBILITY. 

11 Section 9(b)(6)(A) of the Richard B. Russell Na12 tional School Lunch Act (42 U.S.C. 1758(b)(6)(A)) is 

13 amended—

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

15 (2) in clause (iii), by striking the period and in16 serting a semicolon; and 

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

18 ‘‘(iv) a homeless child or youth (as de19 fined in section 725(2) of the McKinney-
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1 Vento Homeless Assistance Act (42 U.S.C. 

2 11434a)); or 

3 ‘‘(v) a youth served by programs 

4 under the Runaway and Homeless Youth 

5 Act (42 U.S.C. 5701 et seq.)’’. 

6 SEC. 103. ELIGIBILITY FOR SPECIAL PAYMENTS. 

7 Section 4(d)(1)(B) of the Child Nutrition Act of 1966 

8 (42 U.S.C. 1773(d)(1)(B)) is amended by inserting ‘‘(or 

9 those new schools drawing their attendance from schools 

10 receiving severe need assistance)’’ after ‘‘reduced price’’. 

11 SEC. 104. REAUTHORIZATION OF SUMMER FOOD PRO12 GRAMS. 

13 (a) SUMMER FOOD PILOT PROJECTS.—Section 

14 18(f)(2) of the Richard B. Russell National School Lunch 

15 Act (42 U.S.C. 1769(f)(2)) is amended by striking 

16 ‘‘March 31, 2004’’ and inserting ‘‘September 30, 2009’’. 

17 (b) SUMMER FOOD SERVICE PROGRAM FOR CHIL18 DREN.—Section 13(q) of the Richard B. Russell National 

19 School Lunch Act (42 U.S.C. 1761(q)) is amended by 

20 striking ‘‘March 31, 2004’’ and inserting ‘‘September 30, 

21 2009’’. 

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

23 (a) ELIGIBILITY OF PRIVATE CHILD CARE CEN24 TERS.—Section 17(a)(2)(B)(i) of the Richard B. Russell 

25 National School Lunch Act (42 U.S.C. 42 U.S.C. 
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1 1766(a)(2)(B)(i)) is amended by striking ‘‘during the pe2 riod’’ and all that follows through ‘‘March 31, 2004’’. 

3 (b) DURATION OF DETERMINATION AS TIER 1 FAM4 ILY OR GROUP DAY CARE HOME.—Section 

5 17(f)(3)(E)(iii) of the Richard B. Russell National School 

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

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

8 (c) DURATION OF AGREEMENTS.—Section 17(j) of 

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

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

11 ‘‘(j) AGREEMENTS.—

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

13 regulations directing States to develop and provide 

14 for the use of a standard form of agreement between 

15 each family or group day care sponsoring organiza16 tion and the family or group day care homes partici17 pating in the program under such organization, for 

18 the purpose of specifying the rights and responsibil19 ities of each party. 

20 ‘‘(2) DURATION.—An agreement under para21 graph (1) shall remain in effect until terminated by 

22 either party to the agreement.’’. 

23 (d) MANAGEMENT IMPROVEMENT INITIATIVE.—Sec24 tion 17(q)(3) of the Richard B. Russell National School 

25 Lunch Act (42 U.S.C. 1766(q)(3)) is amended by striking 
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1 ‘‘1999 through 2003’’ and inserting ‘‘2004 through 

2 2006’’. 

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

4 National School Lunch Act (42 U.S.C. 1766(i)) is amend5 ed to read as follows: 

6 ‘‘(i) AUDITS.—

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

8 make available for each fiscal year to State admin9 istering the child care food program, for the purpose 

10 of conducting audits of participating institutions, an 

11 amount up to 1.5 percent (except in the case of fis12 cal years 2005 through 2007, 1 percent) of the 

13 funds used by each State in the program under this 

14 section during the second preceding fiscal year. 

15 ‘‘(2) AUDIT PROCEDURES.—

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), in conducting management evalua18 tions, reviews, or audits of the program under 

19 their section, the Secretary or a State agency 

20 may disregard any overpayment to an institu21 tion if the total overpayment for any fiscal year 

22 does not exceed an amount, consistent with the 

23 disregards allowed in other programs under this 

24 Act, which recognizes the cost of collecting 

25 small claims. 
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1 ‘‘(B) CRIMINAL OR FRAUD VIOLATIONS.—

2 In carrying out this subsection, the Secretary 

3 and a State agency shall not disregard any 

4 overpayment for which there is evidence of a 

5 violation of a criminal law or civil fraud law.’’. 

6 (f) HOMELESS AND DOMESTIC VIOLENCE SHEL7 TERS.—Section 17(t)(5)(A)(i)() of the Richard B. Russell 

8 National School Lunch Act (42 U.S.C. 1766(t)(5)(A)(i) 

9 is amended—

10 (1) in subclause (I)—

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

12 and 

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

14 and 

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

16 subclause (III) as subclause (II). 

17 (g) PAPERWORK REDUCTION.—The Secretary of Ag18 riculture, in conjunction with States and participating in19 stitutions, shall examine the feasibility of reducing paper20 work resulting from regulations and record-keeping re21 quirements for family child care homes, child care centers, 

22 and sponsoring organizations participating in the child 

23 and adult care food program established under section 17 

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

25 U.S.C. 1766). 
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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 Section 9(b) of the Richard B. Russell National 

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

7 (1) by amending the subsection heading to read 

8 as follows: 

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

10 LUNCHES.—’’; and 

11 (2) by amending paragraphs (1) and (2) to 

12 read as follows: 

13 ‘‘(1) INCOME GUIDELINES.—

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

15 of each fiscal year, the Secretary shall prescribe 

16 income guidelines for determining eligibility for 

17 free and reduced price lunches during the 12-

18 month period beginning July 1 of such fiscal 

19 year and ending June 30 of the following fiscal 

20 year. The income guidelines for determining eli21 gibility for free lunches shall be 130 percent of 

22 the applicable family size income levels con23 tained in the nonfarm income poverty guidelines 

24 issued by the Secretary of Health and Human 

25 Services, as adjusted annually in accordance 
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1 with subparagraph (B). The income guidelines 

2 for determining eligibility for reduced price 

3 lunches for any school year shall be 185 percent 

4 of the applicable family size income levels con5 tained in the nonfarm income poverty guidelines 

6 issued by the Secretary of Health and Human 

7 Services, as adjusted annually in accordance 

8 with subparagraph (B). Such guidelines shall be 

9 revised at annual intervals, or at any shorter in10 terval deemed feasible and desirable. 

11 ‘‘(B) FORMULA FOR REVISION.—The revi12 sion required by subparagraph (A) of this para13 graph shall be made by multiplying—

14 ‘‘(i) the official poverty line (as de15 fined by the Secretary of Health and 

16 Human Services); by 

17 ‘‘(ii) the percentage change in the 

18 Consumer Price Index during the annual 

19 or other interval immediately preceding the 

20 time at which the adjustment is made. 

21 Revisions under this subparagraph shall be 

22 made not more than 30 days after the date on 

23 which the Consumer Price Index data required 

24 to compute the adjustment becomes available. 

25 ‘‘(2) CERTIFICATION OF ELIGIBILITY.—
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1 ‘‘(A) ANNOUNCEMENT BY STATE EDU2 CATIONAL AGENCY.—Following the determina3 tion by the Secretary under paragraph (1) of 

4 this subsection of the income eligibility guide5 lines for each school year, each State edu6 cational agency shall announce the income eligi7 bility guidelines, by family size, to be used by 

8 schools in the State in making determinations 

9 of eligibility for free and reduced price lunches. 

10 Local educational agencies shall, each year, 

11 publicly announce the income eligibility guide12 lines for free and reduced price lunches on or 

13 before the opening of school. 

14 ‘‘(B) APPLICATIONS.—

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

16 free and reduced price lunches, in such 

17 form as the Secretary may prescribe or ap18 prove, and any descriptive material, shall 

19 be distributed at least annually to the par20 ents or guardians of children in attendance 

21 at the school. 

22 ‘‘(ii) INCOME LEVELS.—Applications 

23 and descriptive material shall contain only 

24 the family size income levels for reduced 

25 price meal eligibility, with the explanation 
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1 that households with incomes less than or 

2 equal to these values would be eligible for 

3 free or reduced price lunches. Such forms 

4 and descriptive material may not contain 

5 the income eligibility guidelines for free 

6 lunches, and may be made available elec7 tronically via the Internet. 

8 ‘‘(iii) NOTIFICATION.—Descriptive 

9 materials shall contain a notification that 

10 participants in the Special Supplemental 

11 Nutrition Program for Women, Infants, 

12 and Children authorized under Section 17 

13 of the Child Nutrition Act of 1966 (42 

14 U.S.C. 1771 et seq.) or the State program 

15 funded under part A of title IV of the So16 cial Security Act are eligible for free or re17 duced price lunches. 

18 ‘‘(iv) ELECTRONIC AVAILABILITY.—

19 Applications and descriptive material may 

20 be made available electronically via the 

21 Internet. 

22 ‘‘(C) ELIGIBILITY.—

23 ‘‘(i) HOUSEHOLD APPLICATIONS.—

24 ‘‘(I) IN GENERAL.—If an eligi25 bility determination for a child is not 
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1 made under clause (ii) or (iii), an eli2 gibility determination shall be made 

3 on the basis of a complete household 

4 application executed by an adult mem5 ber of the household. 

6 ‘‘(II) ELIGIBILITY DETER7 MINANTS.—Eligibility may be deter8 mined by the local educational agency 

9 on the basis of a complete application 

10 (including an electronic signature 

11 when the application is submitted 

12 electronically) executed by an adult 

13 member of the household if the appli14 cation filing system meets confiden15 tiality standards established by the 

16 Secretary. 

17 ‘‘(III) CHILDREN IN HOUSE18 HOLD.—

19 ‘‘(aa) IN GENERAL.—The 

20 application shall identify the 

21 names of each child in the house22 hold for whom meal benefits are 

23 requested. 

24 ‘‘(bb) SEPARATE APPLICA25 TIONS.—A State educational 
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1 agency or local educational agen2 cy may not request a separate 

3 application for each child in the 

4 household. 

5 ‘‘(IV) VERIFICATION.—The Sec6 retary, State, or local educational 

7 agency may verify any data contained 

8 in such application. In accordance 

9 with guidance issued by the Secretary, 

10 each local educational agency shall 

11 verify the information contained in a 

12 sample of approved free and reduced 

13 price applications and shall make ap14 propriate changes in the eligibility de15 termination with respect to such ap16 plications on the basis of such 

17 verification. The sample selected for 

18 verification shall be as follows: 

19 ‘‘(aa) For local educational 

20 agencies able to obtain 

21 verification information for at 

22 least 75 percent of all applica23 tions selected for verification in 

24 the prior year, or local edu25 cational agencies receiving more 
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1 than 20,000 applications and 

2 that in the prior year had a 

3 verification non-response rate 

4 that was 10 percent below the 

5 the verification non-response rate 

6 of the second prior year, the 

7 sample selected shall be either—

8 ‘‘(AA) the lesser of 

9 3,000 or 3 percent of ap10 proved applications selected 

11 at random by the local edu12 cational agencies from all 

13 approved applications; or 

14 ‘‘(BB) the lesser of 

1,000 or 1 and 1 15 ⁄2 percent of 

16 all approved applications se17 lected from applications that 

18 indicate monthly income 

19 that is within $100, or an20 nual income that is within 

21 $1,200, of the income eligi22 bility limitation for free or 

23 reduced price meals, plus 

the lesser of 500 or 1 24 ⁄2 of 1 

25 percent of approved applica-
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1 tions that provided a case 

2 number in lieu of income in3 formation in accordance 

4 with paragraph (6) of this 

5 subsection selected from 

6 those approved applications 

7 that provided a case number 

8 in lieu of income information 

9 in accordance with para10 graph (6) of this subsection. 

11 ‘‘(bb) For all other local 

12 educational agencies, the sample 

13 selected shall be the lesser of 

14 3,000 or 3 percent of all ap15 proved applications selected from 

16 applications that indicate month17 ly income that is within $100, or 

18 annual income that is within 

19 $1,200, of the income eligibility 

20 limitation for free or reduced 

21 price meals. If, for any local edu22 cational agency, the total number 

23 of such applications is less than 

24 3,000 or 3 percent of all ap25 proved applications, the local 
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1 educational agency shall select 

2 additional applications at random 

3 from all approved applications in 

4 order to obtain a total sample for 

5 verification of 3,000 or 3 percent 

6 of all approved applications. 

7 ‘‘(ii) DIRECT CERTIFICATION FOR

8 CHILDREN IN FOOD STAMP HOUSE9 HOLDS.—

10 ‘‘(I) IN GENERAL.—Each State 

11 agency shall, to the extent practicable, 

12 enter into an agreement with the 

13 State agency conducting eligibility de14 terminations for the food stamp pro15 gram established under the Food 

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

17 seq.). 

18 ‘‘(II) PROCEDURES.—Subject to 

19 clause (iv), the agreement shall estab20 lish procedures under which a child 

21 who is a member of a household re22 ceiving assistance under the program 

23 referred to in subclause (I) shall be 

24 certified as eligible for free meals 
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1 under this Act, without further appli2 cation. 

3 ‘‘(III) DIRECT CERTIFICATION.—

4 Subject to clause (iv), under the 

5 agreement, the local educational agen6 cy conducting eligibility determina7 tions for a school meal program con8 ducted under this Act shall certify a 

9 child who is a member of a household 

10 receiving assistance under the food 

11 stamp program established under the 

12 program referred to in subclause (I) 

13 as eligible for free meals under this 

14 Act without further application. 

15 ‘‘(IV) NOTICE.—The appropriate 

16 local educational agency shall provide 

17 annually to the parents or guardians 

18 of all students who are members of a 

19 household receiving assistance under 

20 the program referred to in subclause 

21 (I), notification, in an understandable 

22 and uniform format, that any school23 aged child in that household is eligible 

24 for free lunches or breakfasts. 
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1 ‘‘(iii) CERTIFICATION OF CHILDREN

2 IN HOUSEHOLDS RECEIVING TEMPORARY

3 ASSISTANCE FOR NEEDY FAMILIES.—Sub4 ject to clause (iv), any local educational 

5 agency may certify any child as eligible for 

6 free lunches or breakfasts, without further 

7 application, by directly communicating 

8 with the appropriate State or local agency 

9 to obtain documentation of such child’s 

10 status as a member of a family that is re11 ceiving assistance under the State program 

12 funded under part A of title IV of the So13 cial Security Act that the Secretary deter14 mines complies with standards established 

15 by the Secretary that ensure that the 

16 standards under the State program are 

17 comparable to or more restrictive than 

18 those in effect on June 1, 1995. 

19 ‘‘(iv) DISCLOSURE OF INFORMA20 TION.—The use or disclosure of any infor21 mation obtained from an application for 

22 free or reduced price meals, or from a 

23 State or local agency referred to in clauses 

24 (ii) and (iii), shall be limited to—
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1 ‘‘(I) a person directly connected 

2 with the administration or enforce3 ment of this Act or the Child Nutri4 tion Act of 1966 (42 U.S.C. 1771 et 

5 seq.), or a regulation issued pursuant 

6 to either Act; 

7 ‘‘(II) a person directly connected 

8 with the administration or enforce9 ment of—

10 ‘‘(aa) a Federal education 

11 program; 

12 ‘‘(bb) a State health or edu13 cation program administered by 

14 the State or local educational 

15 agency (other than a program 

16 carried out under title XIX of 

17 the Social Security Act (42 

18 U.S.C. 1396 et seq.)); or 

19 ‘‘(cc) a Federal, State, or 

20 local means-tested nutrition pro21 gram with eligibility standards 

22 comparable to the program under 

23 this section; and 

24 ‘‘(III)(aa) the Comptroller Gen25 eral of the United States for audit 
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1 and examination authorized by any 

2 other provision of law; and 

3 ‘‘(bb) notwithstanding any other 

4 provision of law, a Federal, State, or 

5 local law enforcement official for the 

6 purpose of investigating an alleged 

7 violation of any program requirements 

8 under paragraph (1) or this para9 graph; and 

10 ‘‘(IV) a person directly connected 

11 with the administration of the State 

12 Medicaid program under title XIX of 

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

14 1396 et seq.) or the State children’s 

15 health insurance program under title 

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

17 seq.) solely for the purpose of identi18 fying children eligible for benefits 

19 under, and enrolling children in, such 

20 programs, except that this subclause 

21 shall apply only to the extent that the 

22 State and the local educational agency 

23 so elect. 

24 ‘‘(v) LIMITATION.—Information pro25 vided under clause (iv)(II) shall be limited 
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1 to the income eligibility status of the child 

2 for whom application for free or reduced 

3 price meal benefits was made or for whom 

4 eligibility information was provided under 

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

6 parent or guardian of the child for whom 

7 application for benefits was made is ob8 tained. 

9 ‘‘(vi) PENALTY FOR UNAUTHORIZED

10 DISCLOSURE.—A person described in 

11 clause (iv) who publishes, divulges, dis12 closes, or makes known in any manner, or 

13 to any extent not authorized by Federal 

14 law (including a regulation), any informa15 tion obtained under this subsection shall be 

16 fined not more than $1,000 or imprisoned 

17 not more than 1 year, or both. 

18 ‘‘(vii) REQUIREMENTS FOR WAIVER

19 OF CONFIDENTIALITY.—A State that elects 

20 to exercise the option described in clause 

21 (iv)(IV) shall ensure that any local edu22 cational agency acting in accordance with 

23 that option—

24 ‘‘(I) has a written agreement 

25 with the State or local agency or 
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1 agencies administering health insur2 ance programs for children under ti3 tles XIX and XXI of the Social Secu4 rity Act (42 U.S.C. 1396 et seq. and 

5 1397aa et seq.) that requires the 

6 health agencies to use the information 

7 obtained under clause (iv) to seek to 

8 enroll children in those health insur9 ance programs; and 

10 ‘‘(II)(aa) notifies each household, 

11 the information of which shall be dis12 closed under clause (iv), that the in13 formation disclosed will be used only 

14 to enroll children in health programs 

15 referred to in clause (iv)(IV); and 

16 ‘‘(bb) provides each parent or 

17 guardian of a child in the household 

18 with an opportunity to elect not to 

19 have the information disclosed. 

20 ‘‘(viii) USE OF DISCLOSED INFORMA21 TION.—A person to which information is 

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

23 disclose the information only as necessary 

24 for the purpose of enrolling children in 
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1 health programs referred to in clause 

2 (iv)(IV). 

3 ‘‘(D) FREE AND REDUCED PRICE POLICY

4 STATEMENT.—After the initial submission, a 

5 local educational agency shall not be required to 

6 submit a free and reduced price policy state7 ment to a State educational agency under this 

8 Act unless there is a substantive change in the 

9 free and reduced price policy of the local edu10 cational agency. A routine change in the policy 

11 of a local educational agency, such as an annual 

12 adjustment of the income eligibility guidelines 

13 for free and reduced price meals, shall not be 

14 sufficient cause for requiring the local edu15 cational agency to submit a policy statement.’’. 

16 SEC. 202. DURATION OF ELIGIBILITY FOR FREE AND RE17 DUCED PRICE LUNCHES. 

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

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

20 read as follows: 

21 ‘‘(3) ELIGIBILITY FOR FREE AND REDUCED

22 PRICE LUNCHES.—

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

24 member of a household whose income, at the 

25 time the application is submitted, is at an an-
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1 nual rate which does not exceed the applicable 

2 family size income level of the income eligibility 

3 guidelines for free lunches, as determined under 

4 paragraph (1), shall be served a free lunch. 

5 ‘‘(B) REDUCED PRICE LUNCHES.—

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

7 member of a household whose income, at 

8 the time the application is submitted, is at 

9 an annual rate greater than the applicable 

10 family size income level of the income eligi11 bility guidelines for free lunches, as deter12 mined under paragraph (1), but less than 

13 or equal to the applicable family size in14 come level of the income eligibility guide15 lines for reduced price lunches, as deter16 mined under paragraph (1), shall be served 

17 a reduced price lunch. 

18 ‘‘(ii) MAXIMUM PRICE.—The price 

19 charged for a reduced price lunch shall not 

20 exceed 40 cents. 

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

22 specified in section 11(a), eligibility for free or 

23 reduced price meals for any school year shall 

24 remain in effect—
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1 ‘‘(i) beginning on the date of eligi2 bility approval for the current school year; 

3 and 

4 ‘‘(ii) ending on the date of the begin5 ning of school in the subsequent school 

6 year or as otherwise specified by the Sec7 retary.’’. 

8 SEC. 203. CERTIFICATION BY LOCAL EDUCATIONAL AGEN9 CIES. 

10 (a) CERTIFICATION BY LOCAL EDUCATIONAL AGEN11 CY.—Section 9 of the Richard B. Russell National School 

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

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

14 school authorities’’ and inserting ‘‘Local educational 

15 agencies’’; and 

16 (2) in subsection (d)(2)—

17 (A) by striking ‘‘local school food author18 ity’’ each place it appears and inserting ‘‘local 

19 educational agency’’; and 

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

21 authority’’ and inserting ‘‘the local educational 

22 agency’’. 

23 (b) DEFINITION OF LOCAL EDUCATIONAL AGEN24 CY.—Section 12(d) of the Richard B. Russell National 

25 School Lunch Act (42 U.S.C. 1760(d)) is amended 
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1 (1) by redesignating paragraphs (3) through 

2 (7) as paragraphs (5) through (9), respectively, and 

3 moving the paragraphs to the end of the subsection; 

4 (2) by redesignating the first paragraph (3) (as 

5 so redesignated) the following: 

6 ‘‘(4) LOCAL EDUCATIONAL AGENCY.—

7 ‘‘(A) IN GENERAL.—The term ‘local edu8 cational agency’ has the meaning given the 

9 term in section 9101 of the Elementary and 

10 Secondary Education Act of 1965 (20 U.S.C. 

11 7801). 

12 ‘‘(B) INCLUSION.—The term ‘local edu13 cational agency’ includes, in the case of a pri14 vate nonprofit school food authority, an appro15 priate entity determined by the Secretary.’’. 

16 (c) SCHOOL BREAKFAST PROGRAM.—Section 

17 4(b)(1)(E)) of the Child Nutrition Act of 1966 (42 U.S.C. 

18 1773(b)(1)(E)) is amended by striking ‘‘school food au19 thority’’ each place it appears and inserting ‘‘local edu20 cational agency’’. 

21 SEC. 204. COMPLIANCE AND ACCOUNTABILITY. 

22 Section 22 of the Richard B. Russell National School 

23 Lunch Act (42 U.S.C. 1769c) is amended by inserting 

24 ‘‘and local educational agencies’’ after ‘‘food service au25 thorities’’ each place it appears. 
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1 SEC. 205. TECHNOLOGY IMPROVEMENT. 

2 (a) PRIORITY FOR REALLOCATED FUNDS.—Section 

3 7(a)(5)(B)(ii) of the Child Nutrition Act of 1966 (42 

4 U.S.C. 1776(a)(5)(B)(ii)) is amended by inserting the fol5 lowing new sentence at the end: ‘‘The Secretary shall give 

6 priority consideration to States that will use the funds for 

7 improvements in technology and information management 

8 systems described in subsection (e)(2).’’

9 (b) TECHNOLOGY INFRASTRUCTURE IMPROVE10 MENT.—Section 7(e) of the Child Nutrition Act of 1966 

11 (42 U.S.C. 1776) is amended—

12 (1) by striking ‘‘Each State’’ and inserting ‘‘(1) 

13 Each State’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) Each State shall at a minimum include a de17 scription of how technology and information management 

18 systems will be used to improve program integrity by—

19 ‘‘(A) monitoring the nutrient content of meals served; 

20 ‘‘(B) training schools and school food authorities how 

21 to utilize technology and information management systems 

22 for activities such as menu planning, collecting point of 

23 sale data, and processing applications for free and reduced 

24 price meals; and 

25 ‘‘(C) using electronic data to establish benchmarks 

26 to compare and monitor program integrity, program par-
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•HR 3873 IH 

1 ticipation, and financial data across schools and school 

2 food authorities.’’. 

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

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

5 amended by striking ‘‘and for staff development.’’ and in6 serting ‘‘; for staff development; and technology and infor7 mation management 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 amended—

12 (1) by amending the section heading to read as 

13 follows: 

14 ‘‘SEC. 7. STATE ADMINISTRATIVE EXPENSES. 

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

16 (2) by amending paragraph (1) to read as fol17 lows: 

18 ‘‘(1) AMOUNT AVAILABLE.—

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

20 subparagraph (B), each fiscal year the Sec21 retary shall make available to the States for 

22 their Administrative costs an amount equal to 

not less than 11 23 ⁄2 percent of the Federal funds 

24 expended under sections 4, 11, 17, and 17A of 

25 the Richard B. Russell National School Lunch 
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•HR 3873 IH 

1 Act (42 U.S.C. 1753, 1759a, 1766, and 

2 1766a)) and sections 3 and 4 of this Act during 

3 the second preceding fiscal year. 

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

5 each of fiscal years 2005 through 2007, the 

6 Secretary shall make available to each State for 

7 their administrative costs not less than the ini8 tial allocation made to the State under this sub9 section for fiscal year 2004. 

10 ‘‘(C) ALLOCATION.—The Secretary shall 

11 allocate the funds so provided in accordance 

12 with paragraphs (2), (3), and (4) of this sub13 section. 

14 ‘‘(D) AUTHORIZATION OF APPROPRIA15 TIONS.—There is authorized to be appropriated 

16 such sums as may be necessary to carry out the 

17 purposes of this section.’’; and 

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

19 and inserting ‘‘$200,000’’. 

20 SEC. 207. DISTRICT-WIDE ELIGIBILITY FOR SPECIAL AS21 SISTANCE. 

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

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

24 (1) in subparagraph (C)—

25 (A) in clause (i)—
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•HR 3873 IH 

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

2 after ‘‘in the case of any school’’; 

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

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

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

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

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

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

9 (B) in clause (ii)—

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

11 after ‘‘served by a school’’; and 

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

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

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

15 district’’ after ‘‘a school’’; 

16 (2) in subparagraph (D)—

17 (A) in clause (i)—

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

19 after ‘‘any school’’; and 

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

21 after ‘‘the school’’; 

22 (B) in clause (ii)—

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

24 after ‘‘A school’’; and 
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•HR 3873 IH 

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

2 after ‘‘the school’’; 

3 (C) in clause (iii)—

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

5 after ‘‘a school’’; and 

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

7 after ‘‘the school’’; and 

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

9 district’’ after ‘‘levels, a school’’; 

10 (3) in subparagraph (E)—

11 (A) in clause (i)—

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

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

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

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

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

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

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

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

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

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

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

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

24 (B) in clause (ii)— 
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•HR 3873 IH 

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

2 after ‘‘A school’’; 

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

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

5 appears; and 

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

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

8 it appears. 

9 SEC. 208. ADMINISTRATIVE ERROR REDUCTION. 

10 (a) FEDERAL SUPPORT FOR TRAINING AND TECH11 NICAL ASSISTANCE.—Section 21 of the Richard B. Russell 

12 National School Lunch Act (42 U.S.C. 1769b-1) is 

13 amended—

14 (1) by redesignating subsection (e) as sub15 section (g); and 

16 (2) by inserting after subsection (d) the fol17 lowing: 

18 ‘‘(e) ADMINISTRATIVE TRAINING AND TECHNICAL

19 ASSISTANCE MATERIALS.—In collaboration with State 

20 educational agencies, school food authorities, and local 

21 educational agencies of varying sizes, the Secretary shall 

22 develop and distribute training and technical assistance 

23 materials relating to the administration of school meal 

24 programs that are—
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•HR 3873 IH 

1 ‘‘(1) prepared by the Secretary (based on re2 search or other sources), a State educational agency, 

3 a school food authority, or a local educational agen4 cy; and 

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

6 administrative practices of State agencies, school 

7 food authorities, and local educational agencies as 

8 determined by the Secretary. 

9 ‘‘(f) USE OF FUNDS.—The Secretary may—

10 ‘‘(1) provide training and technical assistance 

11 related to administrative practices designed to im12 prove program integrity and administrative accuracy 

13 in school meals programs (including administrative 

14 requirements established by the The Child Nutrition 

15 Improvement and Integrity Act and amendments 

16 made by that Act) to State educational agencies 

17 and, to the extent determined by the Secretary, to 

18 school food authorities and local educational agen19 cies; and 

20 ‘‘(2) assist State educational agencies in review21 ing the administrative practices of school food au22 thorities, to the extent determined by the Sec23 retary.’’. 

24 (b) SELECTED ADMINISTRATIVE REVIEWS.—Section 

25 22(b) of the Richard B. Russell National School Lunch 
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•HR 3873 IH 

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

2 end the following: 

3 ‘‘(3) ADDITIONAL REVIEW REQUIREMENT FOR

4 SELECTED SCHOOL FOOD AUTHORITIES AND LOCAL

5 EDUCATIONAL AGENCIES.—

6 ‘‘(A) DEFINITION OF SELECTED SCHOOL

7 FOOD AUTHORITY OR LOCAL EDUCATIONAL

8 AGENCY.—In this paragraph, the terms ‘se9 lected school food authority’ and ‘select local 

10 educational agency’ mean a school food author11 ity or local educational agency that has a dem12 onstrated high level of, or a high risk for, ad13 ministrative error, as determined by the Sec14 retary. 

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

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

18 educational agency shall conduct an administra19 tive review of each selected school food author20 ity and local educational agency during the re21 view cycle established under subsection (a). 

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

23 a review under subparagraph (B), a State edu24 cational agency shall only review the adminis25 trative processes of a selected school food au-
35

•HR 3873 IH 

1 thority or local educational agency, including 

2 application, certification, verification, meal 

3 counting, and meal claiming procedures. 

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

5 educational agency determines (on the basis of 

6 a review conducted under subparagraph (B)) 

7 that a selected school food authority or local 

8 educational agency fails to meet performance 

9 criteria established by the Secretary, the State 

10 educational agency shall—

11 ‘‘(i) require the selected school food 

12 authority or local educational agency to de13 velop and carry out an approved plan of 

14 corrective action; 

15 ‘‘(ii) except to the extent technical as16 sistance is provided directly by the Sec17 retary, provide technical assistance to as18 sist the selected school food authority or 

19 local educational agency in carrying out 

20 the corrective action plan; and 

21 ‘‘(iii) conduct a follow-up review of 

22 the selected school food authority or local 

23 educational agency under standards estab24 lished by the Secretary. 
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•HR 3873 IH 

1 ‘‘(4) RECOVERING FUNDS AFTER ADMINISTRA2 TIVE REVIEWS.—

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graphs (B) and (C), if the school food authority 

5 or local educational agency fails to meet admin6 istrative performance criteria established by the 

7 Secretary in both an initial review and a follow8 up review under paragraph (1) or (3) or sub9 section (a), the Secretary may require the State 

10 educational agency to recover funds that would 

11 otherwise be paid to the school food authority 

12 or local educational agency for school meals 

13 programs under procedures prescribed by the 

14 Secretary. 

15 ‘‘(B) AMOUNT.—The amount of funds re16 covered under subparagraph (A) shall equal the 

17 value of the error during the time period de18 scribed in subparagraph (C). 

19 ‘‘(C) TIME PERIOD.—The period for deter20 mining the value of the error under subpara21 graph (B) shall be the period—

22 ‘‘(i) beginning on the date the error 

23 was made; and 

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

25 the error is corrected or—
37

•HR 3873 IH 

1 ‘‘(I) in the case of the first re2 view conducted by the State edu3 cational agency of the school food au4 thority or local educational agency 

5 under this section after July 1, 2005, 

6 the date that is 60 days after the be7 ginning of the period under clause (i); 

8 or 

9 ‘‘(II) in the case of any subse10 quent review conducted by the State 

11 educational agency of the school food 

12 authority or local educational agency 

13 under this section, the date that is 90 

14 days after the beginning of the period 

15 under clause (i). 

16 ‘‘(5) USE OF RECOVERED FUNDS.—

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), funds recovered under paragraph 

19 (4) shall—

20 ‘‘(i) be returned to the Secretary 

21 under procedures established by the Sec22 retary, and may be used—

23 ‘‘(I) to provide training and tech24 nical assistance related to administra25 tive practices designed to improve pro-
38

•HR 3873 IH 

1 gram integrity and administrative ac2 curacy in school meals programs (in3 cluding administrative requirements 

4 established by the The Child Nutrition 

5 Improvement and Integrity Act and 

6 amendments made by that Act) to 

7 State educational agencies and, to the 

8 extent determined by the Secretary, to 

9 school food authorities and local edu10 cational agencies; 

11 ‘‘(II) to assist State educational 

12 agencies in reviewing the administra13 tive practices of school food authori14 ties, to the extent determined by the 

15 Secretary; and 

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

17 or 

18 ‘‘(IV) be credited to the child nu19 trition programs appropriation ac20 count. 

21 ‘‘(B) STATE SHARE.—Subject to subpara22 graph (C), a State educational agency may re23 tain not more than 25 percent of an amount re24 covered under paragraph (4), to carry out 

25 school meals program integrity initiatives to as-
39

•HR 3873 IH 

1 sist school food authorities and local edu2 cational agencies that have repeatedly failed (as 

3 determined by the Secretary) to meet adminis4 trative performance criteria. 

5 ‘‘(C) REQUIREMENT.—To be eligible to re6 tain funds under subparagraph (B), a State 

7 educational agency shall—

8 ‘‘(i) submit to the Secretary a plan 

9 describing how the State educational agen10 cy will use the funds to improve school 

11 meals program integrity, including meas12 ures to give priority to school food authori13 ties and local educational agencies from 

14 which funds were retained under para15 graph (4); and 

16 ‘‘(ii) obtain the approval of the Sec17 retary for the plan.’’. 

18 (c) TRAINING AND TECHNICAL ASSISTANCE.—Sec19 tion 7 of the Child Nutrition Act of 1966 (42 U.S.C. 

20 1776) is amended—

21 (1) in subsection (e)—

22 (A) by striking ‘‘(e) Each’’ and inserting 

23 the following: 

24 ‘‘(e) PLANS.—

25 ‘‘(1) IN GENERAL.—Each’’; 
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•HR 3873 IH 

1 (B) by striking ‘‘After’’ and inserting the 

2 following: 

3 ‘‘(2) UPDATES.—After’’; and 

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

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

6 Effective beginning July 1, 2005, each State shall 

7 submit to the Secretary for approval a plan describ8 ing the manner in which the State intends to imple9 ment subsection (g) and section 22(b)(3) of the 

10 Richard B. Russell National School Lunch Act (as 

11 added by section 124(b) of the The Child Nutrition 

12 Improvement and Integrity Act).’’; 

13 (2) by redesignating subsection (g) as sub14 section (j); and 

15 (3) by inserting after subsection (f) the fol16 lowing: 

17 ‘‘(g) STATE TRAINING.—

18 ‘‘(1) IN GENERAL.—At least annually, each 

19 State shall provide training in administrative prac20 tices (including training in application, certification, 

21 verification, meal counting, and meal claiming proce22 dures) to school food authority administrative per23 sonnel and other appropriate personnel, with empha24 sis on the requirements established by the The Child 
41

•HR 3873 IH 

1 Nutrition Improvement and Integrity Act and the 

2 amendments made by that Act. 

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

4 ‘‘(A) provide training and technical assist5 ance (including training materials and informa6 tion developed under subsections (e) and (f) of 

7 section 21 of the Richard B. Russell National 

8 School Lunch Act (42 U.S.C. 1769b-1)) to a 

9 State to assist the State in carrying out para10 graph (1); or 

11 ‘‘(B) at the option of the Secretary, di12 rectly provide training and technical assistance 

13 described in paragraph (1). 

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

15 out this subsection, the Secretary or a State may 

16 contract with a third party under procedures estab17 lished by the Secretary. 

18 ‘‘(4) REQUIRED PARTICIPATION.—Under proce19 dures established by the Secretary that consider the 

20 various needs and circumstances of school food au21 thorities, each school food authority or local edu22 cational agency shall ensure that an individual con23 ducting or overseeing administrative procedures de24 scribed in paragraph (1) receives training at least 
42

•HR 3873 IH 

1 annually, unless determined otherwise by the Sec2 retary. 

3 ‘‘(h) TRAINING AND ADMINISTRATIVE REVIEWS.—

4 The Secretary may assist States in carrying out subsection 

5 (g) and administrative reviews of selected school food au6 thorities and local educational agencies under section 

7 22(b)(3) of the Richard B. Russell National School Lunch 

8 Act (42 U.S.C. 1769c(b)(3)).’’. 

9 TITLE III—PROMOTING NUTRI10 TION QUALITY AND PRE11 VENTING CHILDHOOD OBE12 SITY 

13 SEC. 301. LOCAL SCHOOL WELLNESS POLICY. 

14 (a) IN GENERAL.—Not later than the first day of the 

15 school year beginning after June 30, 2006, local edu16 cational agencies participating in the programs authorized 

17 by the Richard B. Russell National School Lunch Act (42 

18 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 

19 (42 U.S.C. 1771 et seq.) shall establish a local school 

20 wellness policy for such local agency that at a minimum—

21 (1) includes goals for nutrition education, phys22 ical activity and other school-based activities de23 signed to promote student wellness that the local 

24 educational agency determines are appropriate; 
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•HR 3873 IH 

1 (2) includes nutrition guidelines selected by the 

2 local educational agencies for all foods sold on school 

3 campus during the school day with the objective of 

4 promoting student health and reducing childhood 

5 obesity; 

6 (3) establishes a plan for ensuring implementa7 tion of the local wellness policy, including designa8 tion of a person or persons within the local edu9 cational agency, or at each school as appropriate, 

10 charged with operational responsibility for ensuring 

11 that such school meets the local wellness policy; and 

12 (4) involves parents, students, representatives 

13 of the school food authority, the school board, school 

14 administrators, 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 (a) IN GENERAL.—Section 19 of the Child Nutrition 

20 Act of 1966 (42 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 establish a system of grants to State educational agencies 

25 to support effective nutrition education through assistance 
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•HR 3873 IH 

1 to State agencies, schools, and nonprofit entities for Team 

2 Nutrition and other nutrition education projects that im3 prove student understanding of healthful eating patterns, 

4 the quality of school meals and access to local foods in 

5 schools and institutions operating programs under the 

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

7 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 Nu12 trition Network is to—

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

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

16 support healthy lifestyles for children; 

17 ‘‘(B) provide grants to States for the de18 velopment of State-wide, comprehensive, and in19 tegrated nutrition education and physical fit20 ness programs; and 

21 ‘‘(C) provide training and technical assist22 ance to States, school and community nutrition 

23 programs, and child nutrition food service pro24 fessionals. 
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•HR 3873 IH 

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

2 Nutrition Network Coordinator shall—

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

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

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

9 ‘‘(3) TEAM NUTRITION NETWORK.—The Sec10 retary, in consultation with the Secretary of Edu11 cation, shall, on a competitive basis, provide assist12 ance to States for the purpose of creating model nu13 trition education and physical fitness programs, con14 sistent with current dietary and fitness guidelines, 

15 for students in elementary schools and secondary 

16 schools. 

17 ‘‘(4) REQUIREMENTS FOR STATE PARTICIPA18 TION.—To be eligible to receive assistance under this 

19 subsection, a State Coordinator shall submit an ap20 plication to the Secretary at such time, an in such 

21 manner, and containing such information as the Sec22 retary may require, including—

23 ‘‘(A) a description of how the proposed nu24 trition and physical activity program will pro25 mote healthy eating and physical fitness and 
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•HR 3873 IH 

1 address the health and social consequences of 

2 children who are overweight or obese; 

3 ‘‘(B) information describing how nutrition 

4 activities are to be coordinated at the State 

5 level with other health activities conducted by 

6 education, health and agriculture agencies; 

7 ‘‘(C) information describing how physical 

8 fitness activities are to be coordinated at the 

9 State level with other fitness activities con10 ducted by education, health, and parks and 

11 recreation agencies; 

12 ‘‘(D) a description of the consultative proc13 ess that the State Coordinator employed in the 

14 development of the model nutrition and physical 

15 fitness program, including consultations with 

16 individuals and organizations with expertise in 

17 promoting public health, nutrition, or physical 

18 activity, and organizations representing the ag19 riculture, food and beverage, and fitness indus20 tries; and 

21 ‘‘(E) a description of how the State Coor22 dinator will evaluate the effectiveness of its pro23 gram. 

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

25 funds made available to carry out this subsection, a 
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1 State Coordinator shall conduct the project for a pe2 riod of 3 successive school years. 

3 ‘‘(6) AUTHORIZED ACTIVITIES.—An eligible ap4 plicant that receives assistance under this subsection 

5 may use funds to carry out one or more of the fol6 lowing activities: 

7 ‘‘(7) USE OF FUNDS.—Funds authorized under 

8 paragraph (3) may be used for—

9 ‘‘(A) collecting, analyzing, and dissemi10 nating data regarding the extent to which chil11 dren and youth in the State are overweight or 

12 physically inactive and the programs and serv13 ices available to meet those needs; 

14 ‘‘(B) developing and implementing model 

15 elementary and secondary education curricula 

16 to create a comprehensive, coordinated nutrition 

17 and physical fitness awareness and obesity pre18 vention program; 

19 ‘‘(C) developing and implementing pilot 

20 programs in schools to increase physical fitness 

21 and to enhance the nutritional status of stu22 dents, including through the increased con23 sumption of fruits and vegetables, whole grains, 

24 and lowfat dairy products; 
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1 ‘‘(D) developing and implementing State 

2 guidelines in health, which include nutrition 

3 education, and physical education and empha4 size regular physical activity during school 

5 hours; 

6 ‘‘(E) collaborating with community based 

7 organizations, volunteer organizations, State 

8 medical associations, and public health groups 

9 to develop and implement nutrition and physical 

10 education programs targeting lower income chil11 dren, ethnic minorities, and youth at a greater 

12 risk for obesity; 

13 ‘‘(F) collaborating with public or private 

14 organizations that have as a mission the raising 

15 of public awareness of the importance of a bal16 anced diet and an active lifestyles; and 

17 ‘‘(G) providing training and technical as18 sistance to teachers and school food service pro19 fessionals consistent with the purpose of this 

20 section. 

21 ‘‘(8) LIMITATION.—Materials prepared under 

22 this subsection regarding agricultural commodity, 

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

24 ‘‘(9) REPORT.—Within 18 months of comple25 tion of the projects and the evaluations, the Sec-
49

•HR 3873 IH 

1 retary shall submit to the Committee on Education 

2 and the Workforce of the House of Representatives 

3 and the Committee on Health, Education, Labor, 

4 and Pensions of the Senate and the Committee on 

5 Agriculture, Nutrition and Forestry of the Senate a 

6 report describing the results of the evaluation of the 

7 demonstration programs and shall make such re8 ports available to the public, including through the 

9 Internet. 

10 ‘‘(d) LOCAL NUTRITION AND PHYSICAL FITNESS

11 PROJECT.—

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

13 of funds made available, the Secretary, in consulta14 tion with the Secretary of Education, shall provide 

15 assistance to not more than 100 local educational 

16 agencies, at least one per State, for the establish17 ment of pilot projects for purposes of promoting 

18 healthy eating habits and increasing physical fitness, 

19 consistent with the Dietary Guidelines for Americans 

20 established by the Department of Agriculture, 

21 among elementary and secondary education stu22 dents. 

23 ‘‘(2) REQUIREMENT FOR PARTICIPATION IN

24 PILOT PROJECT.—To be eligible to receive assistance 

25 under this subsection, a local educational agency 
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•HR 3873 IH 

1 shall, in consultation with individuals who possess 

2 education or experience appropriate for representing 

3 the general field of public health, including nutrition 

4 and fitness professionals, submit to the Secretary an 

5 application that shall include—

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

7 agency’s need for nutrition and fitness pro8 grams; 

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

10 project will improve health and nutrition 

11 through education and increased access to phys12 ical activity; 

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

14 subsection will be coordinated with other pro15 grams under this Act, the Richard B. Russell 

16 National School Lunch Act, or other Acts, as 

17 appropriate, to improve student health and nu18 trition; 

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

20 agency’s measurable goals for nutrition and fit21 ness education and promotion; 

22 ‘‘(E) a description of how the proposed 

23 project will be aligned with the local wellness 

24 policy required under the Act; and 
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•HR 3873 IH 

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

2 agency will use for assessing and publicly re3 porting progress toward meeting those goals. 

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

5 funds made available to carry out this subsection, a 

6 local educational agency receiving assistance under 

7 this subsection shall conduct the project during a pe8 riod of 3 successive school years. 

9 ‘‘(4) AUTHORIZED ACTIVITIES.—An eligible ap10 plicant that receives assistance under this sub11 section—

12 ‘‘(A) shall use funds provided to—

13 ‘‘(i) promote healthy eating through 

14 the development and implementation of nu15 trition education programs and curricula; 

16 ‘‘(ii) increase opportunities for phys17 ical activity through after school programs, 

18 athletics, intramural activities, and recess; 

19 and 

20 ‘‘(B) may use funds provided to—

21 ‘‘(i) educate parents and students 

22 about the relationship of a poor diet and 

23 inactivity to obesity and other health prob24 lems; 
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•HR 3873 IH 

1 ‘‘(ii) develop and implementing phys2 ical education programs that promote fit3 ness and lifelong activity; 

4 ‘‘(iii) provide training and technical 

5 assistance to food service professionals to 

6 develop nutritious, more appealing menus 

7 and recipes; 

8 ‘‘(iv) incorporate nutrition education 

9 into physical education, health education, 

10 and after school programs, including ath11 letics; 

12 ‘‘(v) involve parents, food service 

13 staff, educators, community leaders, and 

14 other interested parties in assessing the 

15 food options in the school environment and 

16 developing and implementing an action 

17 plan to promote a balanced and healthy 

18 diet; 

19 ‘‘(vi) provide nutrient content or nu20 trition information on meals served 

21 through the school lunch or school break22 fast programs and items sold a la carte 

23 during meal times; 

24 ‘‘(vii) encourage the increased con25 sumption of a variety of healthy foods 
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•HR 3873 IH 

1 through new initiatives such as salad bars 

2 and fresh fruit bars; and 

3 ‘‘(viii) provide nutrition education, in4 cluding sports nutrition education, for 

5 teachers, coaches, food service staff, ath6 letic trainers, and school nurses. 

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

8 this subsection regarding agricultural commodity, 

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

10 ‘‘(6) REPORT.—Within 18 months of comple11 tion of the projects and evaluations, the Secretary 

12 shall transmit to the Committee on Education and 

13 the Workforce of the House of Representatives and 

14 the Committee on Health, Education, Labor, and 

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

17 the results of the evaluation of the pilot projects and 

18 shall make such reports available to the public, in19 cluding through the Internet. 

20 ‘‘(e) NUTRITION EDUCATION SUPPORT.—

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

22 of this section to support nutrition education, the 

23 Secretary may provide for technical assistance and 

24 grants to improve the quality of school meals and 

25 access to local foods in schools and institutions. 
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1 ‘‘(2) MEAL QUALITY IMPROVEMENT.—The Sec2 retary may provide assistance to enable State edu3 cational agencies to—

4 ‘‘(A) implement the recommendations of 

5 the Secretary’s School Meals Initiative for 

6 Healthy Children; 

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

8 vegetables, low-fat dairy products, and whole 

9 grains; 

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

11 school meals; 

12 ‘‘(D) improve school nutritional environ13 ments; and 

14 ‘‘(E) conduct other activities that aid 

15 schools in carrying out the Secretary’s School 

16 Meals Initiative for Healthy Children. 

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

18 may provide assistance, through competitive match19 ing grants and technical assistance, to schools and 

20 nonprofit entities for projects that—

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

22 schools and institutions participating in pro23 grams under the Richard B. Russell National 

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

25 Section 4 of this Act through farm-to-cafeteria 
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1 activities that may include the acquisition of 

2 food and appropriate equipment and the provi3 sion of training and education; 

4 ‘‘(B) are, at a minimum, designed to pro5 cure local foods from small- and medium-sized 

6 farms for school meals; 

7 ‘‘(C) support nutrition education activities 

8 or curriculum planning that incorporates the 

9 participation of schoolchildren in farm and agri10 culture education activities; 

11 ‘‘(D) develop a sustained commitment to 

12 farm-to-cafeteria projects in the community by 

13 linking schools, agricultural producers, parents, 

14 and other community stakeholders; 

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

16 contributions; 

17 ‘‘(F) require a Federal share of costs not 

18 to exceed 75 percent; 

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

20 of cash or in kind contributions (including fa21 cilities, equipment, or services provided by State 

22 and local governments and private sources); and 

23 ‘‘(H) cooperate in an evaluation to be car24 ried out by the Secretary.’’; and 

25 (3) in subsection (i)—
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1 (A) in paragraph (1), by striking subpara2 graph (B); 

3 (B) by striking paragraph (3). 

4 (b) CONFORMING AMENDMENTS.—Section 19 of the 

5 Child Nutrition Act of 1966 (42 U.S.C. 1788) is further 

6 amended—

7 (1) in subsection (d)(4), by striking ‘‘the provi8 sions of this subsection’’ and inserting ‘‘the pro9 gram’’; 

10 (2) in subsection (d)(5), by striking ‘‘the provi11 sions of this subsection’’ and inserting ‘‘the pro12 gram’’; 

13 (3) in subsection (f)(1), by inserting ‘‘,other 

14 than funds made available for activities under sub15 section (i),’’ after ‘‘under this section’’; 

16 (4) in subsection (g), by inserting ‘‘schools, and 

17 nonprofit entities’’ after ‘‘State educational agen18 cies’’ both times it appears; 

19 (5) in subsection (h)(1), by inserting ‘‘, other 

20 than assistance provided under subsection (i)’’ after 

21 ‘‘under this section’’; 

22 (6) in subsection (h)(2), by inserting ‘‘,other 

23 than funds authorized under subsection (i)’’ after 

24 ‘‘by this section’’; and 
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1 (7) in subsection (j), as redesignated by sub2 section (a) of this section—

3 (A) in paragraph (1)(A), by striking 

4 ‘‘2003’’ and inserting ‘‘2009’’; 

5 (B) in paragraph (1)(B)(i) by inserting 

6 ‘‘for activities and programs conducted under 

7 subsections (d) through (h)’’ after ‘‘Grants’’; 

8 (C) in paragraph (2) by inserting ‘‘for ac9 tivities and programs conducted under sub10 sections (d) through (h)’’ after ‘‘made avail11 able’’; and 

12 (D) in paragraph (3) by striking ‘‘this sub13 section’’ and inserting ‘‘paragraph (1)(B)’’. 

14 SEC. 303. FRUITS AND VEGETABLE COMMODITIES. 

15 Section 6(c)(1)(D) of the Richard B. Russell Na16 tional School Lunch Act (42 U.S.C. 1755(c)(1)(D)) is 

17 amended by inserting ‘‘, and fruits and vegetables’’ before 

18 the period. 

19 SEC. 304. FRUIT AND VEGETABLE PILOT PROGRAM. 

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

21 School Lunch Act (42 U.S.C. 1769) (as redesignated by 

22 this Act) is amended—

23 (1) in paragraph (1), by striking ‘‘In the school 

24 year beginning’’ and inserting ‘‘Beginning’’
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1 (2) by striking paragraph (3) and redesignating 

2 paragraphs (2) and (4) as paragraphs (4) and (5), 

3 respectively, and inserting after paragraph (1) the 

4 following: 

5 ‘‘(2) ADDITIONAL STATES.—In addition to the 

6 States participating under subsection (1), the Sec7 retary shall make available free fresh and dried 

8 fruits and fresh vegetables to students in 25 elemen9 tary or secondary schools in each of 4 additional 

10 States, and 1 Indian reservation. 

11 ‘‘(3) SELECTION OF SCHOOLS.—

12 ‘‘(A) IN GENERAL.—In selecting additional 

13 schools to participate in the pilot program au14 thorized by this subsection, the Secretary 

15 shall—

16 ‘‘(i) to the maximum extent prac17 ticable, ensure that the majority of schools 

18 selected are those in which not less than 

19 50 percent of students are eligible for free 

20 or reduced price meals under this Act; 

21 ‘‘(ii) solicit applications from inter22 ested schools that include—

23 ‘‘(I) information pertaining to 

24 the percentage of students enrolled in 

25 the school submitting the application 
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1 who are eligible for free or reduced 

2 price school lunches under this Act; 

3 ‘‘(II) a certification of support 

4 for participation in the pilot program 

5 signed by the school food manager, 

6 the school principal, and the district 

7 superintendent (or their equivalent 

8 positions, as determined by the 

9 school); and 

10 ‘‘(III) a plan for implementation 

11 of the pilot program that includes a 

12 local partnership with an entity or en13 tities of the fruit and vegetable indus14 try, which shall contribute not less 

15 than 15 percent, in cash or in kind, 

16 for the acquisition, handling, and dis17 tribution of fresh and dried fruits and 

18 fresh vegetables provided under this 

19 program; and 

20 ‘‘(IV) such other information as 

21 may be requested by the Secretary; 

22 and 

23 ‘‘(iii) for each application received, de24 termine whether the application is from a 

25 school in which not less than 50 percent of 
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1 students are eligible for free or reduced 

2 price meals under this Act.’’; and 

3 (4) by amending paragraph (5) (as redesig4 nated by this section) to read as follows: 

5 ‘‘(5) FUNDING.—The Secretary shall use 

6 $50,000,000 of the funds made available under sec7 tion 32 of the Act of August 24, 1935 (7 U.S.C. 

8 612c) for fiscal years 2004 through 2009, to carry 

9 out this subsection.’’. 

10 SEC. 305. FLUID MILK. 

11 (a) IN GENERAL.—Section 9(a)(2) of the Richard B. 

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

13 1758(a)(2)) is amended to read as follows: 

14 ‘‘(2) FLUID MILK.—

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

16 schools participating in the school lunch pro17 gram under this Act—

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

19 a variety of fat contents; 

20 ‘‘(ii) may offer students flavored and 

21 unflavored fluid milk and lactose-free fluid 

22 milk; and 

23 ‘‘(iii) shall provide a substitute for 

24 fluid milk for students whose disability re25 stricts their diet, upon receipt of a written 
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1 statement from a licensed physician that 

2 identifies the disability that restricts the 

3 student’s diet and that specifies the sub4 stitute for fluid milk; 

5 ‘‘(B) SUBSTITUTES.—

6 ‘‘(i) STANDARDS FOR SUBSTI7 TUTION.—Schools may substitute for the 

8 fluid milk provided under subparagraph 

9 (A), a non-dairy beverage that is nutrition10 ally equivalent to fluid milk and meets nu11 tritional standards as established by the 

12 Secretary (which shall, among other re13 quirements to be determined by the Sec14 retary, include fortification of calcium, pro15 tein, vitamin A, and vitamin D to levels 

16 found in cow’s milk) for students who can17 not consume fluid milk because of a med18 ical or other special dietary need other 

19 than a disability described in subparagraph 

20 (A)(iii). 

21 ‘‘(ii) NOTICE.—Such substitutions 

22 may be made if the school notifies the 

23 State agency that it is implementing a var24 iation allowed under this subparagraph, 

25 and if such substitution is requested by 
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1 written statement of a medical authority or 

2 by a student’s parent or legal guardian 

3 that identifies the medical or other special 

4 dietary need that restricts the student’s 

5 diet, provided that the school shall not be 

6 required to provide beverages other than 

7 those it has identified as acceptable sub8 stitutes. 

9 ‘‘(iii) EXCESS EXPENSES BORNE BY

10 THE SCHOOL DISTRICT.—Expenses in11 curred in providing substitutions pursuant 

12 to this subparagraph that are in excess of 

13 those covered by reimbursements under 

14 this Act shall be paid by the school dis15 trict.’’. 

16 SEC. 306. WAIVER OF REQUIREMENTS FOR WEIGHTED 

17 AVERAGES FOR NUTRIENT ANALYSIS. 

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

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

20 read as follows: 

21 ‘‘(5) WAIVER OF REQUIREMENTS FOR WEIGHT22 ED AVERAGES FOR NUTRIENT ANALYSIS.—State 

23 educational agencies may grant waivers to school 

24 food authorities to the requirement for weighted 

25 averages for nutrient analysis of menu items and 
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1 foods offered or served as part of a meal offered or 

2 served under the school lunch program under this 

3 Act or the school breakfast program under section 4 

4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 

5 if—

6 ‘‘(A) the school food authority has an 

7 equivalent system for conducting a nutrient 

8 analysis, subject to State agency approval; and 

9 ‘‘(B) the equivalent system adequately doc10 uments the extent to which the school food au11 thority is meeting the Dietary Guidelines for 

12 Americans and other nutrition standards. ’’. 

13 SEC. 307. WHOLE GRAINS. 

14 Not later than 12 months after the date of enactment 

15 of this Act, the Secretary shall issue guidance, based on 

16 Federal nutrition guidelines, to inform school food au17 thorities and other sponsors of strategies to increase the 

18 presence of whole grains in foods offered in school nutri19 tion programs under the Richard B. Russell National 

20 School Lunch Act (42 U.S.C. 1751 et seq.) and the Child 

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

22 SEC. 308. STUDY ON HEALTHY SCHOOL ENVIRONMENTS. 

23 Section 10 of the Child Nutrition Act of 1966 (42 

24 U.S.C. 1779) is amended by adding at the end the fol25 lowing: 
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1 ‘‘(d) STUDY.—

2 ‘‘(1) IN GENERAL.—The Secretary shall enter 

3 into an agreement with a science-based organization 

4 to conduct a 12 month study, based on sound nutri5 tional science, to determine appropriate nutritional 

6 standards for foods available to students in school. 

7 The study shall take into consideration the role of 

8 all foods available to students in school as they re9 late to the total daily dietary intake of students par10 ticipating in the school foods program. The organi11 zation conducting the study shall transmit a report 

12 of the study, including recommendations to the Sec13 retary within 12 months after the date of enactment 

14 of this subsection. 

15 ‘‘(2) DISSEMINATION.—Upon receipt of rec16 ommendations, the Secretary shall disseminate such 

17 recommendations to States and local educational 

18 agencies via the Internet and other methods of dis19 semination. 

20 ‘‘(3) TECHNICAL ASSISTANCE.—Not less than 

21 120 days after receipt of recommendations, the Sec22 retary shall provide technical assistance to schools, 

23 upon their request, on how to implement such rec24 ommendations.’’. 
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1 TITLE IV—IMPROVING THE 

2 WOMEN, INFANTS, AND CHIL3 DREN PROGRAM 

4 SEC. 401. DEFINITION OF NUTRITION EDUCATION. 

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

6 (42 U.S.C. 1786(b)(7)) is amended—

7 (1) by inserting ‘‘and physical activity,’’ after 

8 ‘‘dietary habits’’; and 

9 (2) by striking ‘‘nutrition and health’’ and in10 serting ‘‘nutrition, health, and child development’’. 

11 SEC. 402. DEFINITION OF SUPPLEMENTAL FOODS. 

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

13 (42 U.S.C. 1786(b)(14)) is amended by inserting after 

14 ‘‘children’’ the following: ‘‘and foods that promote health 

15 as indicated in the most recent Dietary Guidelines for 

16 Americans published under section 301 of the National 

17 Nutrition Monitoring and Related Research Act of 1990 

18 (7 U.S.C. 5341)’’. 

19 SEC. 403. IMPROVING CERTIFICATION. 

20 (a) CERTIFICATION OF WOMEN WHO ARE

21 BREASTFEEDING.—Section 17(d)(3)(A) of the Child Nu22 trition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended 

23 by adding at the end the following: ‘‘A State may certify 

24 breast-feeding women for up to 1 year, or until women 

25 stop breast-feeding, whichever is earlier.’’
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1 (b) PHYSICAL PRESENCE REQUIREMENT.—Section 

2 17(d)(3)(C)(ii) of the Child Nutrition Act of 1966 (42 

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

4 (1) in subclause (I)(bb), by striking ‘‘from a 

5 provider other than the local agency; or’’ and insert6 ing a semicolon; 

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

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

9 (3) by inserting after subclause (II) the fol10 lowing: 

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

12 age—

13 ‘‘(aa) who cannot be present 

14 at certification for a reason de15 termined appropriate by the local 

16 agency; and 

17 ‘‘(bb) for whom all necessary 

18 certification information is pro19 vided.’’. 

20 (c) RESCHEDULING POLICIES.—Section 17(f)(19) of 

21 the Child Nutrition Act of 1966 is amended—

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

23 and inserting a semicolon; 

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

25 and inserting ‘‘; and’’; and 
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1 (3) by adding at the end the following: 

2 ‘‘(C) require local agencies to permit an appli3 cant or participant to reschedule an appointment to 

4 apply or be recertified for the program.’’. 

5 SEC. 404. REVIEWS OF AVAILABLE SUPPLEMENTAL FOODS. 

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

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

8 amended to read as follows: 

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

10 the supplemental foods to be made available in the pro11 gram under this section. To the degree possible the Sec12 retary shall ensure that the fat, sugar, and salt content 

13 of the prescribed foods is appropriate. 

14 ‘‘(B) Beginning in 2013 and every 10 years there15 after, or more frequently if determined by the Secretary 

16 to be necessary to reflect current scientific knowledge, the 

17 Secretary shall conduct a scientific review of the supple18 mental foods available in the program and recommend, as 

19 necessary, changes to reflect nutrition science, current 

20 public health concerns, and cultural eating patterns.’’. 

21 (b) RULEMAKING.—The Secretary shall promulgate 

22 a rule updating the prescribed supplemental foods avail23 able through the program authorized under section 17 of 

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

25 6 months of receiving the review of the food package for 
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1 such program undertaken by the National Academy of 

2 Sciences, Institute of Medicine in September 2003. 

3 SEC. 405. NOTIFICATION OF VIOLATIONS AND INFANT FOR4 MULA BENEFITS. 

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

6 U.S.C. 1786(f)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(25) NOTIFICATION OF VIOLATIONS.—If a 

9 State agency finds that a vendor has committed a 

10 violation that requires a pattern of occurrences in 

11 order to impose a sanction, the State agency shall 

12 notify the vendor of the initial violation in writing 

13 prior to documentation of another violation, unless 

14 the State agency determines that notifying the ven15 dor would compromise its investigation. 

16 ‘‘(26) INFANT FORMULA BENEFITS.—The State 

17 agency may round up to the next whole can of infant 

18 formula to ensure that all infants receive the full-au19 thorized nutritional benefit specified by regulation.’’. 

20 SEC. 406. COMPETITIVE BIDDING. 

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

22 1966 is amended by adding at the end the following: 

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

24 agency shall have a system to ensure that 

25 infant formula rebate invoices, under com-
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1 petitive bidding, provide a reasonable esti2 mate or an actual count of the number of 

3 units sold to participants in the program 

4 under this section. 

5 ‘‘(v) CENT-FOR-CENT ADJUST6 MENTS.—A bid solicitation for infant for7 mula under the program made on or after 

8 October 1, 2004 shall require the manufac9 turer to adjust the price changes subse10 quent to the opening of the bidding process 

11 in a manner that requires—

12 ‘‘(I) a cent-for-cent increase in 

13 the rebate amounts if there is an in14 crease in the lowest national wholesale 

15 price for a full truckload of the par16 ticular infant formula; or 

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

18 the rebate amounts if there is a de19 crease in the lowest national wholesale 

20 price for a full truckload of the par21 ticular infant formula.’’. 

22 SEC. 407. FRUIT AND VEGETABLE PROJECTS. 

23 Section 17(h)(10)(B)(ii) is amended by inserting 

24 after ‘‘under this section’’ the following: ‘‘, which may in25 clude demonstration projects in up to 10 local sites, deter-
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1 mined to be geographically and culturally representative 

2 of local States and Indian agencies, to evaluate the inclu3 sion of fresh, frozen, or canned fruits and vegetables (to 

4 be made available through private funds) as an addition 

5 to the supplemental food provided under this section’’. 

6 SEC. 408. MANAGEMENT INFORMATION SYSTEMS. 

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

8 (42 U.S.C. 1786(h)(12)) is amended—

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

10 follows: 

11 ‘‘(B) EBT SYSTEMS.—

12 ‘‘(i) IN GENERAL.—All States that re13 ceive Federal funds for design or imple14 mentation of electronic benefit transfer 

15 (EBT) systems for the program under this 

16 section shall use technical specifications or 

17 standards, as applicable, as determined by 

18 the Secretary, except as provided in clause 

19 (ii). 

20 ‘‘(ii) EXISTING SYSTEMS.—EBT sys21 tems for the program under this section 

22 that are in development or are issuing ben23 efits as of the date of enactment shall be 

24 required to submit within 6 months after 
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1 the date of enactment of this subparagraph 

2 a plan for compliance. 

3 ‘‘(iii) WAIVER.—The Secretary may 

4 waive compliance with this subparagraph 

5 for State EBT systems for the program 

6 under this section that are issuing benefits 

7 as of the date of enactment of this sub8 paragraph until such time that compliance 

9 is feasible.’’. 

10 (2) by amended subparagraph (C) to read as 

11 follows: 

12 ‘‘(C) UNIVERSAL PRODUCT CODES DATA13 BASE.—The Secretary shall implement a national 

14 Universal Product Code Database for use by all 

15 State agencies in carrying out the program and shall 

16 make available from appropriated funds such sums 

17 as may be required for hosting, hardware, and soft18 ware configuration, and support.’’. 

19 SEC. 409. INFANT FORMULA FRAUD PREVENTION. 

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

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

22 the following: 

23 ‘‘(13) APPROVED PROVIDERS OF INFANT FOR24 MULA.—
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1 ‘‘(A) IN GENERAL.—The State agency shall 

2 maintain a list of infant formula manufacturers, 

3 wholesalers, distributors, and retailers approved to 

4 provide infant formula to vendors. 

5 ‘‘(B) LIST.—The list required under paragraph 

6 (A) shall include food manufacturers, wholesalers, 

7 distributors, and retailers licensed in the State in ac8 cordance with State law and regulations to dis9 tribute infant formula and food manufacturers reg10 istered with the U.S. Food and Drug Administration 

11 that provide infant formula. 

12 ‘‘(C) PURCHASE REQUIREMENT.—Vendors au13 thorized to participate in the program under this 

14 section shall purchase infant formula from the list 

15 required under paragraph (A).’’. 

16 SEC. 410. STATE ALLIANCES. 

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

18 U.S.C. 1786) is amended—

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

20 following: 

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

22 agencies that join together for the purpose of pro23 curing infant formula by soliciting competitive 

24 bids.’’; and 
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1 (2) in subsection (h)(8)(A) by adding at the 

2 end the following: 

3 ‘‘(iv) SIZE OF STATE ALLIANCES.—No 

4 State alliance may form among States 

5 whose infant participation exceeds 200,000 

6 based on program participation as of Octo7 ber 2003, except that—

8 ‘‘(I) an alliance among States 

9 with a combined 200,000 infant par10 ticipants as of October 2003 may con11 tinue, and may expand to include 

12 more than 200,000 infants, but may 

13 not expand to include any additional 

14 State agencies that were not included 

15 in the alliance as of October 1, 2003, 

16 other than as provided in subclause 

17 (II); and 

18 ‘‘(II) any State agency serving 

19 fewer than 5,000 infant participants 

20 as of October 2003, or any Indian 

21 Tribal Organization, may request to 

22 join any State alliance.’’. 
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1 SEC. 411. LIMITS ON EXPENDITURES. 

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

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

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

5 SEC. 412. MIGRANT AND COMMUNITY HEALTH CENTERS 

6 INITIATIVE. 

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

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

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

10 SEC. 413. DEMONSTRATION PROJECTS. 

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

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

13 amended by striking subsection (r). 

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

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

16 U.S.C. 1760) is amended by striking subsection (p). 

17 SEC. 414. AUTHORIZATION OF APPROPRIATIONS. 

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

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

20 is amended by striking ‘‘(g)(1) There are authorized’’ and 

21 all that follows through ‘‘through 2003.’’ in paragraph (1) 

22 and inserting the following: 

23 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—

24 ‘‘(1) IN GENERAL.—There is authorized to be 

25 appropriated to carry out this section such sums as 
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1 are necessary for each of fiscal years 2004 through 

2 2009.’’. 

3 (b) NUTRITION SERVICES AND ADMINISTRATION

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

5 1966 (42 U.S.C. 1786(h)) is amended—

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

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

8 and 

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

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

11 (c) FARMERS’ MARKET NUTRITION PROGRAM.—Sec12 tion 17(m)(9)(A)(i) of the Child Nutrition Act of 1966 

13 (42 U.S.C. 1786(m)(9)) is amended to read as follows: 

14 ‘‘(i) AUTHORIZATION OF APPROPRIA15 TIONS.—There is authorized to be appro16 priated to carry out this subsection such 

17 sums as are necessary for each of fiscal 

18 years 2004 through 2009.’’. 

19 TITLE V—REAUTHORIZATION, 

20 MISCELLANEOUS PROVI21 SIONS, AND EFFECTIVE DATE. 

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

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

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

25 to read as follows: 
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1 ‘‘(1) subject to the availability of and from 

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

3 shall provide—

4 ‘‘(A) training and technical assistance to 

5 improve the skills of individuals employed in 

6 food service programs carried out under this 

7 Act, section 4 of the Child Nutrition Act of 

8 1966 (42 U.S.C. 1773), and, as appropriate, 

9 other federally assisted feeding programs; 

10 ‘‘(B) training and technical assistance to 

11 States, State agencies, schools, and school food 

12 authorities in the procurement of goods and 

13 services for programs under this Act and the 

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

15 seq.), including training and technical assist16 ance to ensure compliance with section 12(n) of 

17 this Act (42 U.S.C. 1760(n)). 

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

19 State agencies for the purpose of aiding schools 

20 and school food authorities with at least 50 per21 cent of enrolled children certified to receive free 

22 or reduced price meals, in meeting the cost of 

23 acquiring or upgrading technology and informa24 tion management systems for use in food serv25 ice programs carried out under this Act and 
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1 section 4 of the Child Nutrition Act of 1966 

2 (42 U.S.C. 1773) if the school or school food 

3 authority submits to the State agency an infra4 structure development plan that addresses the 

5 cost savings and improvements in program in6 tegrity and operations that would result from 

7 the use of new or upgraded technology in—

8 ‘‘(i) methods to ensure that there 

9 shall not be any overt identification of any 

10 such child by special tokens or tickets, an11 nounced or published list of names, or by 

12 any other means; (ii) 

13 ‘‘(ii) processing and verifying applica14 tions for free and reduced price school 

15 meals; 

16 ‘‘(iii) integrating menu planning, pro17 duction, and serving data to monitor com18 pliance with section 9(f)(1); and 

19 ‘‘(iv) establishing compatibility with 

20 statewide reporting systems. 

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

22 State agencies with low proportions of schools 

23 or students that participate in the school break24 fast program under section 4 of the Child Nu25 trition Act of 1966 (42 U.S.C. 1773) and that 
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1 demonstrate the greatest need, for the purpose 

2 of aiding schools in meeting costs associated 

3 with initiating or expanding a school breakfast 

4 program under section 4 of the Child Nutrition 

5 Act of 1966 (42 U.S.C. 1773), including out6 reach and informational activities; and’’. 

7 SEC. 502. NOTICE OF IRRADIATED FOOD. 

8 Section 14 of the Richard B. Russell National School 

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

10 the end the following: 

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

12 shall develop policy and establish procedures for the pur13 chase and distribution of irradiated food products in Fed14 eral school meals programs. The policies and procedures 

15 shall ensure at a minimum that—

16 ‘‘(1) irradiated food products are made avail17 able only at the request of States and school food 

18 authorities; 

19 ‘‘(2) reimbursements to schools for irradiated 

20 food products are equal to reimbursements to 

21 schools for non-irradiated products; 

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

23 are provided factual information on the science and 

24 evidence regarding irradiation technology, including 

25 notice that irradiation is not a substitute for safe 
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1 food handling techniques and any such other infor2 mation necessary to promote food safety in school 

3 meal programs; 

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

5 are provided model procedures for providing factual 

6 information on the science and evidence regarding 

7 irradiation technology and any such other informa8 tion necessary to promote food safety in school 

9 meals to school food service authorities, parents, and 

10 students regarding irradiation technology; 

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

12 Federal school meals program are labeled with a 

13 symbol or other printed notice indicating that the 

14 product was treated with irradiation and is promi15 nently displayed in a clear and understandable for16 mat on the container; 

17 ‘‘(6) irradiated products are not commingled 

18 with non-irradiated products in containers; and 

19 ‘‘(7) encourages schools that offer irradiated 

20 foods to offer alternatives to irradiated food prod21 ucts as part of the meal plan used by schools.’’. 

22 SEC. 503. REAUTHORIZATION OF PROGRAMS. 

23 (a) STATE ADMINISTRATIVE EXPENSES.—Section 

24 7(g) of the Child Nutrition Act of 1966 (42 U.S.C. 
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1 1776(g)) is amended by striking ‘‘2003’’ and inserting 

2 ‘‘2009’’. 

3 (b) COMMODITY DISTRIBUTION PROGRAM.—

4 (1) Section 14(a) of the Richard B. Russell Na5 tional School Lunch Act (42 U.S.C. 1762a(a)) is 

6 amended by striking ‘‘March 31, 2004’’ and insert7 ing ‘‘September 30, 2009’’. 

8 (2) Section 15(e) of the Commodity Distribu9 tion Reform Act and WIC Amendments of 1987 (7 

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

11 by striking ‘‘April 1, 2004’’ and inserting ‘‘October 

12 1, 2009’’. 

13 (c) PURCHASES OF LOCALLY PRODUCED FOODS.—

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

15 School Lunch Act (42 U.S.C. 758(j)(2)(A)) is amended 

16 by striking ‘‘2007’’ and inserting ‘‘2009’’. 

17 (d) TRAINING, TECHNICAL ASSISTANCE, AND FOOD

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

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

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

21 of fiscal years 1992 through 2003’’ and inserting ‘‘for fis22 cal year 2004, and such sums as may be necessary for 

23 fiscal years 2005 through 2009’’. 

24 (e) COMPLIANCE AND ACCOUNTABILITY.—Section 

25 22(d) of the Richard B. Russell National School Lunch 
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1 Act (42 U.S.C. 1769c(d)) is amended by striking ‘‘2003’’ 

2 and inserting ‘‘2009’’. 

3 SEC. 504. EFFECTIVE DATE. 

4 The amendments made by sections 101, 104, 105(a), 

5 201, 301, 304, 308, 408, 414, and 503 shall take effect 

6 on the date of enactment of this Act. The amendment 

7 made by section 202 shall take effect on July 1, 2005. 

8 All other amendments made by this Act shall take effect 

9 October 1, 2004.

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