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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Summer Food Service 
Program Improvement Act of 2004’’. 
SEC. 2. DEFINITION OF AREAS IN WHICH POOR ECONOMIC 
CONDITIONS EXIST. 
Section 13(a)(1)(C) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1761(a)(1)(C)) is
amended by striking ‘‘50 percent’’ and inserting ‘‘40 per-
cent’’. 
SEC. 3. PAYMENTS. 
(a) OPERATING EXPENSES.—Section 13(b)(1) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1761(b)(1)) is amended by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—A payment to a serv-
ice institution shall be equal to the maximum 
amount for food service under subparagraphs 
(B) and (C).’’. 
(b) ADMINISTRATIVE COSTS.—Section 13(b) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1761(b)) is amended by striking paragraph (3) and insert-
ing the following: 
‘‘(3) ADMINISTRATIVE COSTS.—Payment to a 
service institution for administrative costs shall be 
equal to the maximum allowable levels determined 
by the Secretary under the study required under 
paragraph (4).’’. 
(c) CONFORMING AMENDMENT.—Section 18 of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1769) is amended by striking subsection (f).
SEC. 4. STARTUP GRANTS FOR SUMMER FOOD SERVICE 
PROGRAMS. 
Section 13 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1761) is amended by inserting after 
subsection (h) the following: 
‘‘(i) STARTUP GRANTS FOR SUMMER FOOD SERVICE 
PROGRAMS.—
‘‘(1) DEFINITION OF ELIGIBLE SERVICE INSTI-
TUTION.—In this subsection, the term ‘eligible serv-
ice institution’ means a service institution that 
agrees to operate the summer food service program 
established with the assistance provided under this 
subsection. 
‘‘(2) GRANTS.—The Secretary shall make 
grants, on a competitive basis, to 10 States, in a 
total amount of not more than $5,000,000 for each 
fiscal year from funds made available to the Sec-
retary, to assist eligible service institutions in initi-
ating summer food service program sites. 
‘‘(3) USES.—A State shall use a grant made 
available under this subsection to assist eligible serv-
ice institutions with expenses incurred in initiating 
summer food service programs during the first year 
of the sites.
‘‘(4) SUPPLEMENTARY FUNDS.—A grant under 
this subsection shall supplement any payment to 
which a State is entitled under this section. 
‘‘(5) PLAN.—To be eligible to receive a grant 
under this subsection, a State shall submit to the 
Secretary a plan to initiate summer food service pro-
gram sites conducted in the State, including a de-
scription of the manner in which the State shall pro-
vide technical assistance and funding to eligible serv-
ice institutions in the State to initiate the sites. 
‘‘(6) STATE PREFERENCES.—In making a grant 
under this subsection for a fiscal year to initiate 
summer food service programs sites, the Secretary 
shall give preference to a State in which not more 
than 10 lunches under summer food service pro-
grams are served on an average day in June and 
July for each 100 free and reduced price lunches 
served on an average day from September through 
May of the previous school year, as determined by 
the Secretary. 
‘‘(7) REALLOCATION.—The Secretary shall act 
in a timely manner to recover and reallocate to other 
States any amount made available to a State under 
this subsection that is not used by the agency or
State within a reasonable period (as determined by 
the Secretary). 
‘‘(8) APPLICATION.—The Secretary shall allow 
application by States on an annual basis for grants 
under this subsection. 
‘‘(9) PREFERENCES BY STATES.—In allocating 
funds within the State, each State shall give pref-
erence for assistance under this subsection to an eli-
gible service institution that demonstrates the great-
est need for assistance for a summer food service 
program, as determined by the State. 
‘‘(10) MAINTENANCE
OF
EFFORT.—The ex-
penditure of funds from State and local sources for 
the maintenance of the summer food service pro-
gram shall not be diminished as a result of grants 
made available under this subsection.’’. 
SEC. 5. EFFECTIVE DATE. 
Except as otherwise provided in this Act, this Act and 
the amendments made by this Act take effect on October 
1, 2004.
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