I 

108TH CONGRESS 

2D SESSION H. R. 3930

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

the summer food service program for children. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2004

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

the Committee on Education and the Workforce 

A BILL

To amend the Richard B. Russell National School Lunch 

Act to improve the summer food service program for 

children.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Summer Food Service 

5 Program Improvement Act of 2004’’. 

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

7 CONDITIONS EXIST. 

8 Section 13(a)(1)(C) of the Richard B. Russell Na9 tional School Lunch Act (42 U.S.C. 1761(a)(1)(C)) is 
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1 amended by striking ‘‘50 percent’’ and inserting ‘‘40 per2 cent’’. 

3 SEC. 3. PAYMENTS. 

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

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

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

7 inserting the following: 

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

10 amount for food service under subparagraphs 

11 (B) and (C).’’. 

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

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

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

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

17 service institution for administrative costs shall be 

18 equal to the maximum allowable levels determined 

19 by the Secretary under the study required under 

20 paragraph (4).’’. 

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

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

23 1769) is amended by striking subsection (f). 
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1 SEC. 4. STARTUP GRANTS FOR SUMMER FOOD SERVICE 

2 PROGRAMS. 

3 Section 13 of the Richard B. Russell National School 

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

5 subsection (h) the following: 

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

7 PROGRAMS.—

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

11 agrees to operate the summer food service program 

12 established with the assistance provided under this 

13 subsection. 

14 ‘‘(2) GRANTS.—The Secretary shall make 

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

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

17 fiscal year from funds made available to the Sec18 retary, to assist eligible service institutions in initi19 ating summer food service program sites. 

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

21 available under this subsection to assist eligible serv22 ice institutions with expenses incurred in initiating 

23 summer food service programs during the first year 

24 of the sites. 
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1 ‘‘(4) SUPPLEMENTARY FUNDS.—A grant under 

2 this subsection shall supplement any payment to 

3 which a State is entitled under this section. 

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

5 under this subsection, a State shall submit to the 

6 Secretary a plan to initiate summer food service pro7 gram sites conducted in the State, including a de8 scription of the manner in which the State shall pro9 vide technical assistance and funding to eligible serv10 ice institutions in the State to initiate the sites. 

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

12 under this subsection for a fiscal year to initiate 

13 summer food service programs sites, the Secretary 

14 shall give preference to a State in which not more 

15 than 10 lunches under summer food service pro16 grams are served on an average day in June and 

17 July for each 100 free and reduced price lunches 

18 served on an average day from September through 

19 May of the previous school year, as determined by 

20 the Secretary. 

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

22 in a timely manner to recover and reallocate to other 

23 States any amount made available to a State under 

24 this subsection that is not used by the agency or 
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1 State within a reasonable period (as determined by 

2 the Secretary). 

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

4 application by States on an annual basis for grants 

5 under this subsection. 

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

7 funds within the State, each State shall give pref8 erence for assistance under this subsection to an eli9 gible service institution that demonstrates the great10 est need for assistance for a summer food service 

11 program, as determined by the State. 

12 ‘‘(10) MAINTENANCE OF EFFORT.—The ex13 penditure of funds from State and local sources for 

14 the maintenance of the summer food service pro15 gram shall not be diminished as a result of grants 

16 made available under this subsection.’’. 

17 SEC. 5. EFFECTIVE DATE. 

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

19 the amendments made by this Act take effect on October 

20 1, 2004.

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