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 pro-
grams, 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. PE-
TERSON of Minnesota, and Ms. KILPATRICK) introduced the following 
bill; which was referred to the Committee on Education and the Work-
force 
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.
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 ‘‘The Child Nutrition 
Improvement and Integrity Act’’. 
SEC. 2. TABLE OF CONTENTS. 
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.
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.
TITLE I—ENSURING ACCESS TO 
CHILD NUTRITION PROGRAMS 
SEC. 101. EXCLUSION OF MILITARY HOUSING ALLOW-
ANCES. 
Section 9(b)(7) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(b)) is amended by 
striking ‘‘For each of fiscal years 2002’’ and all that fol-
lows through ‘‘the amount’’ and insert ‘‘The amount’’. 
SEC. 102. HOMELESS CHILDREN AND RUNAWAY YOUTH ELI-
GIBILITY. 
Section 9(b)(6)(A) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1758(b)(6)(A)) is 
amended—
(1) in clause (ii), by striking ‘‘or’’; 
(2) in clause (iii), by striking the period and in-
serting a semicolon; and 
(3) by inserting after clause (iii) the following: 
‘‘(iv) a homeless child or youth (as de-
fined in section 725(2) of the McKinney-
1766(a)(2)(B)(i)) is amended by striking ‘‘during the pe-
riod’’ and all that follows through ‘‘March 31, 2004’’. 
(b) DURATION OF DETERMINATION AS TIER 1 FAM-
ILY
OR
GROUP
DAY
CARE
HOME.—Section 
17(f)(3)(E)(iii) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1766(f)(3)(E)(iii)) is amended by 
striking ‘‘3 years’’ and inserting ‘‘5 years’’. 
(c) DURATION OF AGREEMENTS.—Section 17(j) of 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 1766(j)) is amended to read as follows: 
‘‘(j) AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall issue 
regulations directing States to develop and provide 
for the use of a standard form of agreement between 
each family or group day care sponsoring organiza-
tion and the family or group day care homes partici-
pating in the program under such organization, for 
the purpose of specifying the rights and responsibil-
ities of each party. 
‘‘(2) DURATION.—An agreement under para-
graph (1) shall remain in effect until terminated by 
either party to the agreement.’’. 
(d) MANAGEMENT IMPROVEMENT INITIATIVE.—Sec-
tion 17(q)(3) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1766(q)(3)) is amended by striking
‘‘1999 through 2003’’ and inserting ‘‘2004 through 
2006’’. 
(e) AUDITS.—Section 17(i) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766(i)) is amend-
ed to read as follows: 
‘‘(i) AUDITS.—
‘‘(1) FUNDS FOR AUDITS.—The Secretary shall 
make available for each fiscal year to State admin-
istering the child care food program, for the purpose 
of conducting audits of participating institutions, an 
amount up to 1.5 percent (except in the case of fis-
cal years 2005 through 2007, 1 percent) of the 
funds used by each State in the program under this 
section during the second preceding fiscal year. 
‘‘(2) AUDIT PROCEDURES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in conducting management evalua-
tions, reviews, or audits of the program under 
their section, the Secretary or a State agency 
may disregard any overpayment to an institu-
tion if the total overpayment for any fiscal year 
does not exceed an amount, consistent with the 
disregards allowed in other programs under this 
Act, which recognizes the cost of collecting 
small claims.
‘‘(B) CRIMINAL OR FRAUD VIOLATIONS.—
In carrying out this subsection, the Secretary 
and a State agency shall not disregard any 
overpayment for which there is evidence of a 
violation of a criminal law or civil fraud law.’’. 
(f) HOMELESS
AND DOMESTIC VIOLENCE SHEL-
TERS.—Section 17(t)(5)(A)(i)() of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1766(t)(5)(A)(i) 
is amended—
(1) in subclause (I)—
(A) by striking ‘‘12’’ and inserting ‘‘18’’; 
and 
(B) by inserting ‘‘or’’ after the semicolon; 
and 
(2) by striking subclause (II) and redesignating 
subclause (III) as subclause (II). 
(g) PAPERWORK REDUCTION.—The Secretary of Ag-
riculture, in conjunction with States and participating in-
stitutions, shall examine the feasibility of reducing paper-
work resulting from regulations and record-keeping re-
quirements for family child care homes, child care centers, 
and sponsoring organizations participating in the child 
and adult care food program established under section 17 
of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1766).
TITLE II—IMPROVING PROGRAM 
QUALITY AND INTEGRITY 
SEC. 201. ELIGIBILITY AND CERTIFICATION FOR FREE AND 
REDUCED PRICE LUNCHES. 
Section 9(b) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758) is amended—
(1) by amending the subsection heading to read 
as follows: 
‘‘(b) ELIGIBILITY FOR FREE AND REDUCED PRICE 
LUNCHES.—’’; and 
(2) by amending paragraphs (1) and (2) to 
read as follows: 
‘‘(1) INCOME GUIDELINES.—
‘‘(A) IN GENERAL.—Not later than June 1 
of each fiscal year, the Secretary shall prescribe 
income guidelines for determining eligibility for 
free and reduced price lunches during the 12-
month period beginning July 1 of such fiscal 
year and ending June 30 of the following fiscal 
year. The income guidelines for determining eli-
gibility for free lunches shall be 130 percent of 
the applicable family size income levels con-
tained in the nonfarm income poverty guidelines 
issued by the Secretary of Health and Human 
Services, as adjusted annually in accordance
with subparagraph (B). The income guidelines 
for determining eligibility for reduced price 
lunches for any school year shall be 185 percent 
of the applicable family size income levels con-
tained in the nonfarm income poverty guidelines 
issued by the Secretary of Health and Human 
Services, as adjusted annually in accordance 
with subparagraph (B). Such guidelines shall be 
revised at annual intervals, or at any shorter in-
terval deemed feasible and desirable. 
‘‘(B) FORMULA FOR REVISION.—The revi-
sion required by subparagraph (A) of this para-
graph shall be made by multiplying—
‘‘(i) the official poverty line (as de-
fined by the Secretary of Health and 
Human Services); by 
‘‘(ii) the percentage change in the 
Consumer Price Index during the annual 
or other interval immediately preceding the 
time at which the adjustment is made. 
Revisions under this subparagraph shall be 
made not more than 30 days after the date on 
which the Consumer Price Index data required 
to compute the adjustment becomes available. 
‘‘(2) CERTIFICATION OF ELIGIBILITY.—
‘‘(A) ANNOUNCEMENT
BY
STATE
EDU-
CATIONAL AGENCY.—Following the determina-
tion by the Secretary under paragraph (1) of 
this subsection of the income eligibility guide-
lines for each school year, each State edu-
cational agency shall announce the income eligi-
bility guidelines, by family size, to be used by 
schools in the State in making determinations 
of eligibility for free and reduced price lunches. 
Local educational agencies shall, each year, 
publicly announce the income eligibility guide-
lines for free and reduced price lunches on or 
before the opening of school. 
‘‘(B) APPLICATIONS.—
‘‘(i) IN
GENERAL.—Applications for 
free and reduced price lunches, in such 
form as the Secretary may prescribe or ap-
prove, and any descriptive material, shall 
be distributed at least annually to the par-
ents or guardians of children in attendance 
at the school. 
‘‘(ii) INCOME
LEVELS.—Applications 
and descriptive material shall contain only 
the family size income levels for reduced 
price meal eligibility, with the explanation
that households with incomes less than or 
equal to these values would be eligible for 
free or reduced price lunches. Such forms 
and descriptive material may not contain 
the income eligibility guidelines for free 
lunches, and may be made available elec-
tronically via the Internet. 
‘‘(iii) 
NOTIFICATION.—Descriptive 
materials shall contain a notification that 
participants in the Special Supplemental 
Nutrition Program for Women, Infants, 
and Children authorized under Section 17 
of the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) or the State program 
funded under part A of title IV of the So-
cial Security Act are eligible for free or re-
duced price lunches. 
‘‘(iv) ELECTRONIC
AVAILABILITY.—
Applications and descriptive material may 
be made available electronically via the 
Internet. 
‘‘(C) ELIGIBILITY.—
‘‘(i) HOUSEHOLD APPLICATIONS.—
‘‘(I) IN
GENERAL.—If an eligi-
bility determination for a child is not
made under clause (ii) or (iii), an eli-
gibility determination shall be made 
on the basis of a complete household 
application executed by an adult mem-
ber of the household. 
‘‘(II) 
ELIGIBILITY
DETER-
MINANTS.—Eligibility may be deter-
mined by the local educational agency 
on the basis of a complete application 
(including an electronic signature 
when the application is submitted 
electronically) executed by an adult 
member of the household if the appli-
cation filing system meets confiden-
tiality standards established by the 
Secretary. 
‘‘(III) CHILDREN
IN
HOUSE-
HOLD.—
‘‘(aa) IN
GENERAL.—The 
application 
shall 
identify 
the 
names of each child in the house-
hold for whom meal benefits are 
requested. 
‘‘(bb) SEPARATE
APPLICA-
TIONS.—A 
State 
educational
agency or local educational agen-
cy may not request a separate 
application for each child in the 
household. 
‘‘(IV) VERIFICATION.—The Sec-
retary, State, or local educational 
agency may verify any data contained 
in such application. In accordance 
with guidance issued by the Secretary, 
each local educational agency shall 
verify the information contained in a 
sample of approved free and reduced 
price applications and shall make ap-
propriate changes in the eligibility de-
termination with respect to such ap-
plications on the basis of such 
verification. The sample selected for 
verification shall be as follows: 
‘‘(aa) For local educational 
agencies 
able 
to 
obtain 
verification information for at 
least 75 percent of all applica-
tions selected for verification in 
the prior year, or local edu-
cational agencies receiving more
than 20,000 applications and 
that in the prior year had a 
verification 
non-response 
rate 
that was 10 percent below the 
the verification non-response rate 
of the second prior year, the 
sample selected shall be either—
‘‘(AA) the lesser of 
3,000 or 3 percent of ap-
proved applications selected 
at random by the local edu-
cational agencies from all 
approved applications; or 
‘‘(BB) the lesser of 
1,000 or 1 and 1⁄2 percent of 
all approved applications se-
lected from applications that 
indicate 
monthly 
income 
that is within $100, or an-
nual income that is within 
$1,200, of the income eligi-
bility limitation for free or 
reduced price meals, plus 
the lesser of 500 or 1⁄2 of 1 
percent of approved applica-
tions that provided a case 
number in lieu of income in-
formation 
in 
accordance 
with paragraph (6) of this 
subsection 
selected 
from 
those approved applications 
that provided a case number 
in lieu of income information 
in accordance with para-
graph (6) of this subsection. 
‘‘(bb) For all other local 
educational agencies, the sample 
selected shall be the lesser of 
3,000 or 3 percent of all ap-
proved applications selected from 
applications that indicate month-
ly income that is within $100, or 
annual income that is within 
$1,200, of the income eligibility 
limitation for free or reduced 
price meals. If, for any local edu-
cational agency, the total number 
of such applications is less than 
3,000 or 3 percent of all ap-
proved applications, the local
educational agency shall select 
additional applications at random 
from all approved applications in 
order to obtain a total sample for 
verification of 3,000 or 3 percent 
of all approved applications. 
‘‘(ii) DIRECT
CERTIFICATION
FOR 
CHILDREN
IN
FOOD
STAMP
HOUSE-
HOLDS.—
‘‘(I) IN
GENERAL.—Each State 
agency shall, to the extent practicable, 
enter into an agreement with the 
State agency conducting eligibility de-
terminations for the food stamp pro-
gram established under the Food 
Stamp Act of 1977 (7 U.S.C. 2011 et 
seq.). 
‘‘(II) PROCEDURES.—Subject to 
clause (iv), the agreement shall estab-
lish procedures under which a child 
who is a member of a household re-
ceiving assistance under the program 
referred to in subclause (I) shall be 
certified as eligible for free meals
under this Act, without further appli-
cation. 
‘‘(III) DIRECT CERTIFICATION.—
Subject to clause (iv), under the 
agreement, the local educational agen-
cy conducting eligibility determina-
tions for a school meal program con-
ducted under this Act shall certify a 
child who is a member of a household 
receiving assistance under the food 
stamp program established under the 
program referred to in subclause (I) 
as eligible for free meals under this 
Act without further application. 
‘‘(IV) NOTICE.—The appropriate 
local educational agency shall provide 
annually to the parents or guardians 
of all students who are members of a 
household receiving assistance under 
the program referred to in subclause 
(I), notification, in an understandable 
and uniform format, that any school-
aged child in that household is eligible 
for free lunches or breakfasts.
‘‘(iii) CERTIFICATION
OF
CHILDREN 
IN
HOUSEHOLDS
RECEIVING
TEMPORARY 
ASSISTANCE FOR NEEDY FAMILIES.—Sub-
ject to clause (iv), any local educational 
agency may certify any child as eligible for 
free lunches or breakfasts, without further 
application, by directly communicating 
with the appropriate State or local agency 
to obtain documentation of such child’s 
status as a member of a family that is re-
ceiving assistance under the State program 
funded under part A of title IV of the So-
cial Security Act that the Secretary deter-
mines complies with standards established 
by the Secretary that ensure that the 
standards under the State program are 
comparable to or more restrictive than 
those in effect on June 1, 1995. 
‘‘(iv) 
DISCLOSURE
OF
INFORMA-
TION.—The use or disclosure of any infor-
mation obtained from an application for 
free or reduced price meals, or from a 
State or local agency referred to in clauses 
(ii) and (iii), shall be limited to—
‘‘(I) a person directly connected 
with the administration or enforce-
ment of this Act or the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et 
seq.), or a regulation issued pursuant 
to either Act; 
‘‘(II) a person directly connected 
with the administration or enforce-
ment of—
‘‘(aa) a Federal education 
program; 
‘‘(bb) a State health or edu-
cation program administered by 
the State or local educational 
agency (other than a program 
carried out under title XIX of 
the Social Security Act (42 
U.S.C. 1396 et seq.)); or 
‘‘(cc) a Federal, State, or 
local means-tested nutrition pro-
gram with eligibility standards 
comparable to the program under 
this section; and 
‘‘(III)(aa) the Comptroller Gen-
eral of the United States for audit
and examination authorized by any 
other provision of law; and 
‘‘(bb) notwithstanding any other 
provision of law, a Federal, State, or 
local law enforcement official for the 
purpose of investigating an alleged 
violation of any program requirements 
under paragraph (1) or this para-
graph; and 
‘‘(IV) a person directly connected 
with the administration of the State 
Medicaid program under title XIX of 
the Social Security Act (42 U.S.C. 
1396 et seq.) or the State children’s 
health insurance program under title 
XXI of that Act (42 U.S.C. 1397aa et 
seq.) solely for the purpose of identi-
fying children eligible for benefits 
under, and enrolling children in, such 
programs, except that this subclause 
shall apply only to the extent that the 
State and the local educational agency 
so elect. 
‘‘(v) LIMITATION.—Information pro-
vided under clause (iv)(II) shall be limited
to the income eligibility status of the child 
for whom application for free or reduced 
price meal benefits was made or for whom 
eligibility information was provided under 
clause (ii) or (iii), unless the consent of the 
parent or guardian of the child for whom 
application for benefits was made is ob-
tained. 
‘‘(vi) PENALTY
FOR
UNAUTHORIZED 
DISCLOSURE.—A 
person 
described 
in 
clause (iv) who publishes, divulges, dis-
closes, or makes known in any manner, or 
to any extent not authorized by Federal 
law (including a regulation), any informa-
tion obtained under this subsection shall be 
fined not more than $1,000 or imprisoned 
not more than 1 year, or both. 
‘‘(vii) REQUIREMENTS
FOR
WAIVER 
OF CONFIDENTIALITY.—A State that elects 
to exercise the option described in clause 
(iv)(IV) shall ensure that any local edu-
cational agency acting in accordance with 
that option—
‘‘(I) has a written agreement 
with the State or local agency or
agencies administering health insur-
ance programs for children under ti-
tles XIX and XXI of the Social Secu-
rity Act (42 U.S.C. 1396 et seq. and 
1397aa et seq.) that requires the 
health agencies to use the information 
obtained under clause (iv) to seek to 
enroll children in those health insur-
ance programs; and 
‘‘(II)(aa) notifies each household, 
the information of which shall be dis-
closed under clause (iv), that the in-
formation disclosed will be used only 
to enroll children in health programs 
referred to in clause (iv)(IV); and 
‘‘(bb) provides each parent or 
guardian of a child in the household 
with an opportunity to elect not to 
have the information disclosed. 
‘‘(viii) USE OF DISCLOSED INFORMA-
TION.—A person to which information is 
disclosed under clause (iv)(IV) shall use or 
disclose the information only as necessary 
for the purpose of enrolling children in
health programs referred to in clause 
(iv)(IV). 
‘‘(D) FREE AND REDUCED PRICE POLICY 
STATEMENT.—After the initial submission, a 
local educational agency shall not be required to 
submit a free and reduced price policy state-
ment to a State educational agency under this 
Act unless there is a substantive change in the 
free and reduced price policy of the local edu-
cational agency. A routine change in the policy 
of a local educational agency, such as an annual 
adjustment of the income eligibility guidelines 
for free and reduced price meals, shall not be 
sufficient cause for requiring the local edu-
cational agency to submit a policy statement.’’. 
SEC. 202. DURATION OF ELIGIBILITY FOR FREE AND RE-
DUCED PRICE LUNCHES. 
Section 9(b)(3) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(b)(3)) is amended to 
read as follows: 
‘‘(3) ELIGIBILITY
FOR
FREE
AND
REDUCED 
PRICE LUNCHES.—
‘‘(A) FREE LUNCHES.—Any child who is a 
member of a household whose income, at the 
time the application is submitted, is at an an-
nual rate which does not exceed the applicable 
family size income level of the income eligibility 
guidelines for free lunches, as determined under 
paragraph (1), shall be served a free lunch. 
‘‘(B) REDUCED PRICE LUNCHES.—
‘‘(i) IN GENERAL.—Any child who is a 
member of a household whose income, at 
the time the application is submitted, is at 
an annual rate greater than the applicable 
family size income level of the income eligi-
bility guidelines for free lunches, as deter-
mined under paragraph (1), but less than 
or equal to the applicable family size in-
come level of the income eligibility guide-
lines for reduced price lunches, as deter-
mined under paragraph (1), shall be served 
a reduced price lunch. 
‘‘(ii) MAXIMUM
PRICE.—The price 
charged for a reduced price lunch shall not 
exceed 40 cents. 
‘‘(C) DURATION.—Except as otherwise 
specified in section 11(a), eligibility for free or 
reduced price meals for any school year shall 
remain in effect—
‘‘(i) beginning on the date of eligi-
bility approval for the current school year; 
and 
‘‘(ii) ending on the date of the begin-
ning of school in the subsequent school 
year or as otherwise specified by the Sec-
retary.’’. 
SEC. 203. CERTIFICATION BY LOCAL EDUCATIONAL AGEN-
CIES. 
(a) CERTIFICATION BY LOCAL EDUCATIONAL AGEN-
CY.—Section 9 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758) is further amended—
(1) in subsection (b)(5), by striking ‘‘Local 
school authorities’’ and inserting ‘‘Local educational 
agencies’’; and 
(2) in subsection (d)(2)—
(A) by striking ‘‘local school food author-
ity’’ each place it appears and inserting ‘‘local 
educational agency’’; and 
(B) in subparagraph (A), by striking ‘‘such 
authority’’ and inserting ‘‘the local educational 
agency’’. 
(b) DEFINITION
OF LOCAL EDUCATIONAL AGEN-
CY.—Section 12(d) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1760(d)) is amended
(1) by redesignating paragraphs (3) through 
(7) as paragraphs (5) through (9), respectively, and 
moving the paragraphs to the end of the subsection; 
(2) by redesignating the first paragraph (3) (as 
so redesignated) the following: 
‘‘(4) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) IN GENERAL.—The term ‘local edu-
cational agency’ has the meaning given the 
term in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801). 
‘‘(B) INCLUSION.—The term ‘local edu-
cational agency’ includes, in the case of a pri-
vate nonprofit school food authority, an appro-
priate entity determined by the Secretary.’’. 
(c) 
SCHOOL
BREAKFAST
PROGRAM.—Section 
4(b)(1)(E)) of the Child Nutrition Act of 1966 (42 U.S.C. 
1773(b)(1)(E)) is amended by striking ‘‘school food au-
thority’’ each place it appears and inserting ‘‘local edu-
cational agency’’. 
SEC. 204. COMPLIANCE AND ACCOUNTABILITY. 
Section 22 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769c) is amended by inserting 
‘‘and local educational agencies’’ after ‘‘food service au-
thorities’’ each place it appears.
SEC. 205. TECHNOLOGY IMPROVEMENT. 
(a) PRIORITY FOR REALLOCATED FUNDS.—Section 
7(a)(5)(B)(ii) of the Child Nutrition Act of 1966 (42 
U.S.C. 1776(a)(5)(B)(ii)) is amended by inserting the fol-
lowing new sentence at the end: ‘‘The Secretary shall give 
priority consideration to States that will use the funds for 
improvements in technology and information management 
systems described in subsection (e)(2).’’
(b) 
TECHNOLOGY
INFRASTRUCTURE
IMPROVE-
MENT.—Section 7(e) of the Child Nutrition Act of 1966 
(42 U.S.C. 1776) is amended—
(1) by striking ‘‘Each State’’ and inserting ‘‘(1) 
Each State’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Each State shall at a minimum include a de-
scription of how technology and information management 
systems will be used to improve program integrity by—
‘‘(A) monitoring the nutrient content of meals served; 
‘‘(B) training schools and school food authorities how 
to utilize technology and information management systems 
for activities such as menu planning, collecting point of 
sale data, and processing applications for free and reduced 
price meals; and 
‘‘(C) using electronic data to establish benchmarks 
to compare and monitor program integrity, program par-
ticipation, and financial data across schools and school 
food authorities.’’. 
(c) CONFORMING AMENDMENT.—Section 7(b) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1776(b)) is 
amended by striking ‘‘and for staff development.’’ and in-
serting ‘‘; for staff development; and technology and infor-
mation management systems.’’. 
SEC. 206. MINIMUM STATE ADMINISTRATIVE EXPENSE 
GRANTS. 
Section 7(a) of the Child Nutrition Act (42 U.S.C. 
1776(a)(1)) is amended—
(1) by amending the section heading to read as 
follows: 
‘‘SEC. 7. STATE ADMINISTRATIVE EXPENSES. 
‘‘(a) AMOUNT AND ALLOCATION OF FUNDS.—’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) AMOUNT AVAILABLE.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), each fiscal year the Sec-
retary shall make available to the States for 
their Administrative costs an amount equal to 
not less than 11⁄2 percent of the Federal funds 
expended under sections 4, 11, 17, and 17A of 
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1753, 1759a, 1766, and 
1766a)) and sections 3 and 4 of this Act during 
the second preceding fiscal year. 
‘‘(B) MINIMUM AMOUNT.—In the case of 
each of fiscal years 2005 through 2007, the 
Secretary shall make available to each State for 
their administrative costs not less than the ini-
tial allocation made to the State under this sub-
section for fiscal year 2004. 
‘‘(C) ALLOCATION.—The Secretary shall 
allocate the funds so provided in accordance 
with paragraphs (2), (3), and (4) of this sub-
section. 
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
such sums as may be necessary to carry out the 
purposes of this section.’’; and 
(3) in paragraph (2), by striking ‘‘$100,000’’ 
and inserting ‘‘$200,000’’. 
SEC. 207. DISTRICT-WIDE ELIGIBILITY FOR SPECIAL AS-
SISTANCE. 
Section 11(a)(1) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended—
(1) in subparagraph (C)—
(A) in clause (i)—
(i) by inserting ‘‘or school district’’ 
after ‘‘in the case of any school’’; 
(ii) by inserting ‘‘or school district’’ 
after ‘‘in the school’’ both times it appears; 
(iii) by inserting ‘‘or school district’’ 
after ‘‘in the case of a school’’; and 
(iv) by inserting ‘‘or school district’’ 
after ‘‘with respect to the school’’; 
(B) in clause (ii)—
(i) by inserting ‘‘or school district’’ 
after ‘‘served by a school’’; and 
(ii) by inserting ‘‘or school district’’ 
after ‘‘served by the school’’; and 
(C) in clause (iii) by inserting ‘‘or school 
district’’ after ‘‘a school’’; 
(2) in subparagraph (D)—
(A) in clause (i)—
(i) by inserting ‘‘or school district’’ 
after ‘‘any school’’; and 
(ii) by inserting ‘‘or school district’’ 
after ‘‘the school’’; 
(B) in clause (ii)—
(i) by inserting ‘‘or school district’’ 
after ‘‘A school’’; and
(ii) by inserting ‘‘or school district’’ 
after ‘‘the school’’; 
(C) in clause (iii)—
(i) by inserting ‘‘or school district’’ 
after ‘‘a school’’; and 
(ii) by inserting ‘‘or school district’’ 
after ‘‘the school’’; and 
(D) in clause (iv) by inserting ‘‘or school 
district’’ after ‘‘levels, a school’’; 
(3) in subparagraph (E)—
(A) in clause (i)—
(i) by inserting ‘‘or school district’’ 
after ‘‘In the case of any school’’; 
(ii) by inserting ‘‘or school district’’ 
after ‘‘in the school’’ both times it appears; 
(iii) by inserting ‘‘or school district’’ 
after ‘‘in the case of a school’’; 
(iv) by inserting ‘‘or school district’’ 
after ‘‘with respect to the school’’; 
(v) by inserting ‘‘or school district’’ 
after ‘‘received by the school’’; and 
(vi) by inserting ‘‘or school district’’ 
after ‘‘for which the school’’; and 
(B) in clause (ii)—
(i) by inserting ‘‘or school district’’ 
after ‘‘A school’’; 
(ii) by inserting ‘‘or school district’’ 
after ‘‘for which the school’’ both times it 
appears; and 
(iii) by inserting ‘‘or school district’’ 
after ‘‘population of the school’’ both times 
it appears. 
SEC. 208. ADMINISTRATIVE ERROR REDUCTION. 
(a) FEDERAL SUPPORT FOR TRAINING AND TECH-
NICAL ASSISTANCE.—Section 21 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1769b-1) is 
amended—
(1) by redesignating subsection (e) as sub-
section (g); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) ADMINISTRATIVE TRAINING
AND TECHNICAL 
ASSISTANCE MATERIALS.—In collaboration with State 
educational agencies, school food authorities, and local 
educational agencies of varying sizes, the Secretary shall 
develop and distribute training and technical assistance 
materials relating to the administration of school meal 
programs that are—
‘‘(1) prepared by the Secretary (based on re-
search or other sources), a State educational agency, 
a school food authority, or a local educational agen-
cy; and 
‘‘(2) representative of the best management and 
administrative practices of State agencies, school 
food authorities, and local educational agencies as 
determined by the Secretary. 
‘‘(f) USE OF FUNDS.—The Secretary may—
‘‘(1) provide training and technical assistance 
related to administrative practices designed to im-
prove program integrity and administrative accuracy 
in school meals programs (including administrative 
requirements established by the The Child Nutrition 
Improvement and Integrity Act and amendments 
made by that Act) to State educational agencies 
and, to the extent determined by the Secretary, to 
school food authorities and local educational agen-
cies; and 
‘‘(2) assist State educational agencies in review-
ing the administrative practices of school food au-
thorities, to the extent determined by the Sec-
retary.’’. 
(b) SELECTED ADMINISTRATIVE REVIEWS.—Section 
22(b) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769c(b)) is amended by adding at the 
end the following: 
‘‘(3) ADDITIONAL REVIEW REQUIREMENT FOR 
SELECTED SCHOOL FOOD AUTHORITIES AND LOCAL 
EDUCATIONAL AGENCIES.—
‘‘(A) DEFINITION OF SELECTED SCHOOL 
FOOD
AUTHORITY
OR
LOCAL
EDUCATIONAL 
AGENCY.—In this paragraph, the terms ‘se-
lected school food authority’ and ‘select local 
educational agency’ mean a school food author-
ity or local educational agency that has a dem-
onstrated high level of, or a high risk for, ad-
ministrative error, as determined by the Sec-
retary. 
‘‘(B) ADDITIONAL
ADMINISTRATIVE
RE-
VIEW.—In addition to any review required by 
subsection (a) or paragraph (1), each State 
educational agency shall conduct an administra-
tive review of each selected school food author-
ity and local educational agency during the re-
view cycle established under subsection (a). 
‘‘(C) SCOPE OF REVIEW.—In carrying out 
a review under subparagraph (B), a State edu-
cational agency shall only review the adminis-
trative processes of a selected school food au-
thority or local educational agency, including 
application, 
certification, 
verification, 
meal 
counting, and meal claiming procedures. 
‘‘(D) RESULTS OF REVIEW.—If the State 
educational agency determines (on the basis of 
a review conducted under subparagraph (B)) 
that a selected school food authority or local 
educational agency fails to meet performance 
criteria established by the Secretary, the State 
educational agency shall—
‘‘(i) require the selected school food 
authority or local educational agency to de-
velop and carry out an approved plan of 
corrective action; 
‘‘(ii) except to the extent technical as-
sistance is provided directly by the Sec-
retary, provide technical assistance to as-
sist the selected school food authority or 
local educational agency in carrying out 
the corrective action plan; and 
‘‘(iii) conduct a follow-up review of 
the selected school food authority or local 
educational agency under standards estab-
lished by the Secretary.
‘‘(4) RECOVERING FUNDS AFTER ADMINISTRA-
TIVE REVIEWS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), if the school food authority 
or local educational agency fails to meet admin-
istrative performance criteria established by the 
Secretary in both an initial review and a follow-
up review under paragraph (1) or (3) or sub-
section (a), the Secretary may require the State 
educational agency to recover funds that would 
otherwise be paid to the school food authority 
or local educational agency for school meals 
programs under procedures prescribed by the 
Secretary. 
‘‘(B) AMOUNT.—The amount of funds re-
covered under subparagraph (A) shall equal the 
value of the error during the time period de-
scribed in subparagraph (C). 
‘‘(C) TIME PERIOD.—The period for deter-
mining the value of the error under subpara-
graph (B) shall be the period—
‘‘(i) beginning on the date the error 
was made; and 
‘‘(ii) ending on the earlier of the date 
the error is corrected or—
‘‘(I) in the case of the first re-
view conducted by the State edu-
cational agency of the school food au-
thority or local educational agency 
under this section after July 1, 2005, 
the date that is 60 days after the be-
ginning of the period under clause (i); 
or 
‘‘(II) in the case of any subse-
quent review conducted by the State 
educational agency of the school food 
authority or local educational agency 
under this section, the date that is 90 
days after the beginning of the period 
under clause (i). 
‘‘(5) USE OF RECOVERED FUNDS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), funds recovered under paragraph 
(4) shall—
‘‘(i) be returned to the Secretary 
under procedures established by the Sec-
retary, and may be used—
‘‘(I) to provide training and tech-
nical assistance related to administra-
tive practices designed to improve pro-
gram integrity and administrative ac-
curacy in school meals programs (in-
cluding administrative requirements 
established by the The Child Nutrition 
Improvement and Integrity Act and 
amendments made by that Act) to 
State educational agencies and, to the 
extent determined by the Secretary, to 
school food authorities and local edu-
cational agencies; 
‘‘(II) to assist State educational 
agencies in reviewing the administra-
tive practices of school food authori-
ties, to the extent determined by the 
Secretary; and 
‘‘(III) to carry out section 21(e); 
or 
‘‘(IV) be credited to the child nu-
trition programs appropriation ac-
count. 
‘‘(B) STATE SHARE.—Subject to subpara-
graph (C), a State educational agency may re-
tain not more than 25 percent of an amount re-
covered under paragraph (4), to carry out 
school meals program integrity initiatives to as-
sist school food authorities and local edu-
cational agencies that have repeatedly failed (as 
determined by the Secretary) to meet adminis-
trative performance criteria. 
‘‘(C) REQUIREMENT.—To be eligible to re-
tain funds under subparagraph (B), a State 
educational agency shall—
‘‘(i) submit to the Secretary a plan 
describing how the State educational agen-
cy will use the funds to improve school 
meals program integrity, including meas-
ures to give priority to school food authori-
ties and local educational agencies from 
which funds were retained under para-
graph (4); and 
‘‘(ii) obtain the approval of the Sec-
retary for the plan.’’. 
(c) TRAINING AND TECHNICAL ASSISTANCE.—Sec-
tion 7 of the Child Nutrition Act of 1966 (42 U.S.C. 
1776) is amended—
(1) in subsection (e)—
(A) by striking ‘‘(e) Each’’ and inserting 
the following: 
‘‘(e) PLANS.—
‘‘(1) IN GENERAL.—Each’’;
(B) by striking ‘‘After’’ and inserting the 
following: 
‘‘(2) UPDATES.—After’’; and 
(C) by adding at the end the following: 
‘‘(3) TRAINING AND TECHNICAL ASSISTANCE.—
Effective beginning July 1, 2005, each State shall 
submit to the Secretary for approval a plan describ-
ing the manner in which the State intends to imple-
ment subsection (g) and section 22(b)(3) of the 
Richard B. Russell National School Lunch Act (as 
added by section 124(b) of the The Child Nutrition 
Improvement and Integrity Act).’’; 
(2) by redesignating subsection (g) as sub-
section (j); and 
(3) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) STATE TRAINING.—
‘‘(1) IN
GENERAL.—At least annually, each 
State shall provide training in administrative prac-
tices (including training in application, certification, 
verification, meal counting, and meal claiming proce-
dures) to school food authority administrative per-
sonnel and other appropriate personnel, with empha-
sis on the requirements established by the The Child
Nutrition Improvement and Integrity Act and the 
amendments made by that Act. 
‘‘(2) FEDERAL ROLE.—The Secretary shall—
‘‘(A) provide training and technical assist-
ance (including training materials and informa-
tion developed under subsections (e) and (f) of 
section 21 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769b-1)) to a 
State to assist the State in carrying out para-
graph (1); or 
‘‘(B) at the option of the Secretary, di-
rectly provide training and technical assistance 
described in paragraph (1). 
‘‘(3) THIRD-PARTY CONTRACTING.—In carrying 
out this subsection, the Secretary or a State may 
contract with a third party under procedures estab-
lished by the Secretary. 
‘‘(4) REQUIRED PARTICIPATION.—Under proce-
dures established by the Secretary that consider the 
various needs and circumstances of school food au-
thorities, each school food authority or local edu-
cational agency shall ensure that an individual con-
ducting or overseeing administrative procedures de-
scribed in paragraph (1) receives training at least
annually, unless determined otherwise by the Sec-
retary. 
‘‘(h) TRAINING AND ADMINISTRATIVE REVIEWS.—
The Secretary may assist States in carrying out subsection 
(g) and administrative reviews of selected school food au-
thorities and local educational agencies under section 
22(b)(3) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769c(b)(3)).’’. 
TITLE III—PROMOTING NUTRI-
TION 
QUALITY 
AND 
PRE-
VENTING 
CHILDHOOD 
OBE-
SITY 
SEC. 301. LOCAL SCHOOL WELLNESS POLICY. 
(a) IN GENERAL.—Not later than the first day of the 
school year beginning after June 30, 2006, local edu-
cational agencies participating in the programs authorized 
by the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.) shall establish a local school 
wellness policy for such local agency that at a minimum—
(1) includes goals for nutrition education, phys-
ical activity and other school-based activities de-
signed to promote student wellness that the local 
educational agency determines are appropriate;
(2) includes nutrition guidelines selected by the 
local educational agencies for all foods sold on school 
campus during the school day with the objective of 
promoting student health and reducing childhood 
obesity; 
(3) establishes a plan for ensuring implementa-
tion of the local wellness policy, including designa-
tion of a person or persons within the local edu-
cational agency, or at each school as appropriate, 
charged with operational responsibility for ensuring 
that such school meets the local wellness policy; and 
(4) involves parents, students, representatives 
of the school food authority, the school board, school 
administrators, and public in the development of the 
school wellness policy. 
SEC. 302. SUPPORTING NUTRITION EDUCATION, IMPROV-
ING MEAL QUALITY, AND ACCESS TO LOCAL 
FOODS. 
(a) IN GENERAL.—Section 19 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1788) is amended—
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) PURPOSE.—It is the purpose of this section to 
establish a system of grants to State educational agencies 
to support effective nutrition education through assistance
to State agencies, schools, and nonprofit entities for Team 
Nutrition and other nutrition education projects that im-
prove student understanding of healthful eating patterns, 
the quality of school meals and access to local foods in 
schools and institutions operating programs under the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.) and section 4 of this Act.’’; 
(2) by striking subsections (c) through (h) and 
inserting after subsection (b) the following: 
‘‘(c) TEAM NUTRITION NETWORK.—
‘‘(1) PURPOSE.—The purpose of the Team Nu-
trition Network is to—
‘‘(A) promote the nutritional health of the 
Nation’s school children through nutrition edu-
cation, physical fitness and other activities that 
support healthy lifestyles for children; 
‘‘(B) provide grants to States for the de-
velopment of State-wide, comprehensive, and in-
tegrated nutrition education and physical fit-
ness programs; and 
‘‘(C) provide training and technical assist-
ance to States, school and community nutrition 
programs, and child nutrition food service pro-
fessionals.
‘‘(2) STATE COORDINATOR.—The State Team 
Nutrition Network Coordinator shall—
‘‘(A) administer and coordinate a com-
prehensive integrated statewide nutrition edu-
cation program; and 
‘‘(B) coordinate efforts with the Food and 
Nutrition Service and State agencies respon-
sible for children’s health programs. 
‘‘(3) TEAM
NUTRITION
NETWORK.—The Sec-
retary, in consultation with the Secretary of Edu-
cation, shall, on a competitive basis, provide assist-
ance to States for the purpose of creating model nu-
trition education and physical fitness programs, con-
sistent with current dietary and fitness guidelines, 
for students in elementary schools and secondary 
schools. 
‘‘(4) REQUIREMENTS
FOR
STATE
PARTICIPA-
TION.—To be eligible to receive assistance under this 
subsection, a State Coordinator shall submit an ap-
plication to the Secretary at such time, an in such 
manner, and containing such information as the Sec-
retary may require, including—
‘‘(A) a description of how the proposed nu-
trition and physical activity program will pro-
mote healthy eating and physical fitness and
address the health and social consequences of 
children who are overweight or obese; 
‘‘(B) information describing how nutrition 
activities are to be coordinated at the State 
level with other health activities conducted by 
education, health and agriculture agencies; 
‘‘(C) information describing how physical 
fitness activities are to be coordinated at the 
State level with other fitness activities con-
ducted by education, health, and parks and 
recreation agencies; 
‘‘(D) a description of the consultative proc-
ess that the State Coordinator employed in the 
development of the model nutrition and physical 
fitness program, including consultations with 
individuals and organizations with expertise in 
promoting public health, nutrition, or physical 
activity, and organizations representing the ag-
riculture, food and beverage, and fitness indus-
tries; and 
‘‘(E) a description of how the State Coor-
dinator will evaluate the effectiveness of its pro-
gram. 
‘‘(5) DURATION.—Subject to the availability of 
funds made available to carry out this subsection, a
State Coordinator shall conduct the project for a pe-
riod of 3 successive school years. 
‘‘(6) AUTHORIZED ACTIVITIES.—An eligible ap-
plicant that receives assistance under this subsection 
may use funds to carry out one or more of the fol-
lowing activities: 
‘‘(7) USE OF FUNDS.—Funds authorized under 
paragraph (3) may be used for—
‘‘(A) collecting, analyzing, and dissemi-
nating data regarding the extent to which chil-
dren and youth in the State are overweight or 
physically inactive and the programs and serv-
ices available to meet those needs; 
‘‘(B) developing and implementing model 
elementary and secondary education curricula 
to create a comprehensive, coordinated nutrition 
and physical fitness awareness and obesity pre-
vention program; 
‘‘(C) developing and implementing pilot 
programs in schools to increase physical fitness 
and to enhance the nutritional status of stu-
dents, including through the increased con-
sumption of fruits and vegetables, whole grains, 
and lowfat dairy products;
‘‘(D) developing and implementing State 
guidelines in health, which include nutrition 
education, and physical education and empha-
size regular physical activity during school 
hours; 
‘‘(E) collaborating with community based 
organizations, volunteer organizations, State 
medical associations, and public health groups 
to develop and implement nutrition and physical 
education programs targeting lower income chil-
dren, ethnic minorities, and youth at a greater 
risk for obesity; 
‘‘(F) collaborating with public or private 
organizations that have as a mission the raising 
of public awareness of the importance of a bal-
anced diet and an active lifestyles; and 
‘‘(G) providing training and technical as-
sistance to teachers and school food service pro-
fessionals consistent with the purpose of this 
section. 
‘‘(8) LIMITATION.—Materials prepared under 
this subsection regarding agricultural commodity, 
food, or beverages must be factual and without bias. 
‘‘(9) REPORT.—Within 18 months of comple-
tion of the projects and the evaluations, the Sec-
retary shall submit to the Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on 
Agriculture, Nutrition and Forestry of the Senate a 
report describing the results of the evaluation of the 
demonstration programs and shall make such re-
ports available to the public, including through the 
Internet. 
‘‘(d) LOCAL NUTRITION
AND PHYSICAL FITNESS 
PROJECT.—
‘‘(1) IN GENERAL.—Subject to the availability 
of funds made available, the Secretary, in consulta-
tion with the Secretary of Education, shall provide 
assistance to not more than 100 local educational 
agencies, at least one per State, for the establish-
ment of pilot projects for purposes of promoting 
healthy eating habits and increasing physical fitness, 
consistent with the Dietary Guidelines for Americans 
established by the Department of Agriculture, 
among elementary and secondary education stu-
dents. 
‘‘(2) REQUIREMENT
FOR
PARTICIPATION
IN 
PILOT PROJECT.—To be eligible to receive assistance 
under this subsection, a local educational agency
shall, in consultation with individuals who possess 
education or experience appropriate for representing 
the general field of public health, including nutrition 
and fitness professionals, submit to the Secretary an 
application that shall include—
‘‘(A) a description of the local educational 
agency’s need for nutrition and fitness pro-
grams; 
‘‘(B) a description of how the proposed 
project will improve health and nutrition 
through education and increased access to phys-
ical activity; 
‘‘(C) a description of how funds under this 
subsection will be coordinated with other pro-
grams under this Act, the Richard B. Russell 
National School Lunch Act, or other Acts, as 
appropriate, to improve student health and nu-
trition; 
‘‘(D) a statement of the local educational 
agency’s measurable goals for nutrition and fit-
ness education and promotion; 
‘‘(E) a description of how the proposed 
project will be aligned with the local wellness 
policy required under the Act; and
‘‘(F) a description of the procedures the 
agency will use for assessing and publicly re-
porting progress toward meeting those goals. 
‘‘(3) DURATION.—Subject to the availability of 
funds made available to carry out this subsection, a 
local educational agency receiving assistance under 
this subsection shall conduct the project during a pe-
riod of 3 successive school years. 
‘‘(4) AUTHORIZED ACTIVITIES.—An eligible ap-
plicant that receives assistance under this sub-
section—
‘‘(A) shall use funds provided to—
‘‘(i) promote healthy eating through 
the development and implementation of nu-
trition education programs and curricula; 
‘‘(ii) increase opportunities for phys-
ical activity through after school programs, 
athletics, intramural activities, and recess; 
and 
‘‘(B) may use funds provided to—
‘‘(i) educate parents and students 
about the relationship of a poor diet and 
inactivity to obesity and other health prob-
lems;
‘‘(ii) develop and implementing phys-
ical education programs that promote fit-
ness and lifelong activity; 
‘‘(iii) provide training and technical 
assistance to food service professionals to 
develop nutritious, more appealing menus 
and recipes; 
‘‘(iv) incorporate nutrition education 
into physical education, health education, 
and after school programs, including ath-
letics; 
‘‘(v) involve parents, food service 
staff, educators, community leaders, and 
other interested parties in assessing the 
food options in the school environment and 
developing and implementing an action 
plan to promote a balanced and healthy 
diet; 
‘‘(vi) provide nutrient content or nu-
trition 
information 
on 
meals 
served 
through the school lunch or school break-
fast programs and items sold a la carte 
during meal times; 
‘‘(vii) encourage the increased con-
sumption of a variety of healthy foods
through new initiatives such as salad bars 
and fresh fruit bars; and 
‘‘(viii) provide nutrition education, in-
cluding sports nutrition education, for 
teachers, coaches, food service staff, ath-
letic trainers, and school nurses. 
‘‘(5) LIMITATION.—Materials prepared under 
this subsection regarding agricultural commodity, 
food, or beverages must be factual and without bias. 
‘‘(6) REPORT.—Within 18 months of comple-
tion of the projects and evaluations, the Secretary 
shall transmit to the Committee on Education and 
the Workforce of the House of Representatives and 
the Committee on Health, Education, Labor, and 
Pensions and the Committee on Agriculture, Nutri-
tion and Forestry of the Senate a report describing 
the results of the evaluation of the pilot projects and 
shall make such reports available to the public, in-
cluding through the Internet. 
‘‘(e) NUTRITION EDUCATION SUPPORT.—
‘‘(1) IN GENERAL.—In carrying out the purpose 
of this section to support nutrition education, the 
Secretary may provide for technical assistance and 
grants to improve the quality of school meals and 
access to local foods in schools and institutions.
‘‘(2) MEAL QUALITY IMPROVEMENT.—The Sec-
retary may provide assistance to enable State edu-
cational agencies to—
‘‘(A) implement the recommendations of 
the Secretary’s School Meals Initiative for 
Healthy Children; 
‘‘(B) increase the consumption of fruits, 
vegetables, low-fat dairy products, and whole 
grains; 
‘‘(C) reduce saturated fat and sodium in 
school meals; 
‘‘(D) improve school nutritional environ-
ments; and 
‘‘(E) conduct other activities that aid 
schools in carrying out the Secretary’s School 
Meals Initiative for Healthy Children. 
‘‘(3) ACCESS TO LOCAL FOODS.—The Secretary 
may provide assistance, through competitive match-
ing grants and technical assistance, to schools and 
nonprofit entities for projects that—
‘‘(A) improve access to local foods in 
schools and institutions participating in pro-
grams under the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.) and 
Section 4 of this Act through farm-to-cafeteria
activities that may include the acquisition of 
food and appropriate equipment and the provi-
sion of training and education; 
‘‘(B) are, at a minimum, designed to pro-
cure local foods from small- and medium-sized 
farms for school meals; 
‘‘(C) support nutrition education activities 
or curriculum planning that incorporates the 
participation of schoolchildren in farm and agri-
culture education activities; 
‘‘(D) develop a sustained commitment to 
farm-to-cafeteria projects in the community by 
linking schools, agricultural producers, parents, 
and other community stakeholders; 
‘‘(E) require $100,000 or less in Federal 
contributions; 
‘‘(F) require a Federal share of costs not 
to exceed 75 percent; 
‘‘(G) provide matching support in the form 
of cash or in kind contributions (including fa-
cilities, equipment, or services provided by State 
and local governments and private sources); and 
‘‘(H) cooperate in an evaluation to be car-
ried out by the Secretary.’’; and 
(3) in subsection (i)—
(A) in paragraph (1), by striking subpara-
graph (B); 
(B) by striking paragraph (3). 
(b) CONFORMING AMENDMENTS.—Section 19 of the 
Child Nutrition Act of 1966 (42 U.S.C. 1788) is further 
amended—
(1) in subsection (d)(4), by striking ‘‘the provi-
sions of this subsection’’ and inserting ‘‘the pro-
gram’’; 
(2) in subsection (d)(5), by striking ‘‘the provi-
sions of this subsection’’ and inserting ‘‘the pro-
gram’’; 
(3) in subsection (f)(1), by inserting ‘‘,other 
than funds made available for activities under sub-
section (i),’’ after ‘‘under this section’’; 
(4) in subsection (g), by inserting ‘‘schools, and 
nonprofit entities’’ after ‘‘State educational agen-
cies’’ both times it appears; 
(5) in subsection (h)(1), by inserting ‘‘, other 
than assistance provided under subsection (i)’’ after 
‘‘under this section’’; 
(6) in subsection (h)(2), by inserting ‘‘,other 
than funds authorized under subsection (i)’’ after 
‘‘by this section’’; and
(7) in subsection (j), as redesignated by sub-
section (a) of this section—
(A) in paragraph (1)(A), by striking 
‘‘2003’’ and inserting ‘‘2009’’; 
(B) in paragraph (1)(B)(i) by inserting 
‘‘for activities and programs conducted under 
subsections (d) through (h)’’ after ‘‘Grants’’; 
(C) in paragraph (2) by inserting ‘‘for ac-
tivities and programs conducted under sub-
sections (d) through (h)’’ after ‘‘made avail-
able’’; and 
(D) in paragraph (3) by striking ‘‘this sub-
section’’ and inserting ‘‘paragraph (1)(B)’’. 
SEC. 303. FRUITS AND VEGETABLE COMMODITIES. 
Section 6(c)(1)(D) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1755(c)(1)(D)) is 
amended by inserting ‘‘, and fruits and vegetables’’ before 
the period. 
SEC. 304. FRUIT AND VEGETABLE PILOT PROGRAM. 
Section 18(f) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769) (as redesignated by 
this Act) is amended—
(1) in paragraph (1), by striking ‘‘In the school 
year beginning’’ and inserting ‘‘Beginning’’
(2) by striking paragraph (3) and redesignating 
paragraphs (2) and (4) as paragraphs (4) and (5), 
respectively, and inserting after paragraph (1) the 
following: 
‘‘(2) ADDITIONAL STATES.—In addition to the 
States participating under subsection (1), the Sec-
retary shall make available free fresh and dried 
fruits and fresh vegetables to students in 25 elemen-
tary or secondary schools in each of 4 additional 
States, and 1 Indian reservation. 
‘‘(3) SELECTION OF SCHOOLS.—
‘‘(A) IN GENERAL.—In selecting additional 
schools to participate in the pilot program au-
thorized by this subsection, the Secretary 
shall—
‘‘(i) to the maximum extent prac-
ticable, ensure that the majority of schools 
selected are those in which not less than 
50 percent of students are eligible for free 
or reduced price meals under this Act; 
‘‘(ii) solicit applications from inter-
ested schools that include—
‘‘(I) information pertaining to 
the percentage of students enrolled in 
the school submitting the application
who are eligible for free or reduced 
price school lunches under this Act; 
‘‘(II) a certification of support 
for participation in the pilot program 
signed by the school food manager, 
the school principal, and the district 
superintendent (or their equivalent 
positions, 
as 
determined 
by 
the 
school); and 
‘‘(III) a plan for implementation 
of the pilot program that includes a 
local partnership with an entity or en-
tities of the fruit and vegetable indus-
try, which shall contribute not less 
than 15 percent, in cash or in kind, 
for the acquisition, handling, and dis-
tribution of fresh and dried fruits and 
fresh vegetables provided under this 
program; and 
‘‘(IV) such other information as 
may be requested by the Secretary; 
and 
‘‘(iii) for each application received, de-
termine whether the application is from a 
school in which not less than 50 percent of
students are eligible for free or reduced 
price meals under this Act.’’; and 
(4) by amending paragraph (5) (as redesig-
nated by this section) to read as follows: 
‘‘(5) 
FUNDING.—The 
Secretary 
shall 
use 
$50,000,000 of the funds made available under sec-
tion 32 of the Act of August 24, 1935 (7 U.S.C. 
612c) for fiscal years 2004 through 2009, to carry 
out this subsection.’’. 
SEC. 305. FLUID MILK. 
(a) IN GENERAL.—Section 9(a)(2) of the Richard B. 
Russell 
National 
School 
Lunch 
Act 
(42 
U.S.C. 
1758(a)(2)) is amended to read as follows: 
‘‘(2) FLUID MILK.—
‘‘(A) IN
GENERAL.—Lunches served by 
schools participating in the school lunch pro-
gram under this Act—
‘‘(i) shall offer students fluid milk in 
a variety of fat contents; 
‘‘(ii) may offer students flavored and 
unflavored fluid milk and lactose-free fluid 
milk; and 
‘‘(iii) shall provide a substitute for 
fluid milk for students whose disability re-
stricts their diet, upon receipt of a written
statement from a licensed physician that 
identifies the disability that restricts the 
student’s diet and that specifies the sub-
stitute for fluid milk; 
‘‘(B) SUBSTITUTES.—
‘‘(i) 
STANDARDS
FOR
SUBSTI-
TUTION.—Schools may substitute for the 
fluid milk provided under subparagraph 
(A), a non-dairy beverage that is nutrition-
ally equivalent to fluid milk and meets nu-
tritional standards as established by the 
Secretary (which shall, among other re-
quirements to be determined by the Sec-
retary, include fortification of calcium, pro-
tein, vitamin A, and vitamin D to levels 
found in cow’s milk) for students who can-
not consume fluid milk because of a med-
ical or other special dietary need other 
than a disability described in subparagraph 
(A)(iii). 
‘‘(ii) 
NOTICE.—Such 
substitutions 
may be made if the school notifies the 
State agency that it is implementing a var-
iation allowed under this subparagraph, 
and if such substitution is requested by
written statement of a medical authority or 
by a student’s parent or legal guardian 
that identifies the medical or other special 
dietary need that restricts the student’s 
diet, provided that the school shall not be 
required to provide beverages other than 
those it has identified as acceptable sub-
stitutes. 
‘‘(iii) EXCESS
EXPENSES
BORNE
BY 
THE
SCHOOL
DISTRICT.—Expenses in-
curred in providing substitutions pursuant 
to this subparagraph that are in excess of 
those covered by reimbursements under 
this Act shall be paid by the school dis-
trict.’’. 
SEC. 306. WAIVER OF REQUIREMENTS FOR WEIGHTED 
AVERAGES FOR NUTRIENT ANALYSIS. 
Section 9(f)(5) of the Richard B. Russell National 
School Lunch Act (42 U.S.C 1758(f)(5)) is amended to 
read as follows: 
‘‘(5) WAIVER OF REQUIREMENTS FOR WEIGHT-
ED
AVERAGES
FOR
NUTRIENT
ANALYSIS.—State 
educational agencies may grant waivers to school 
food authorities to the requirement for weighted 
averages for nutrient analysis of menu items and
foods offered or served as part of a meal offered or 
served under the school lunch program under this 
Act or the school breakfast program under section 4 
of the Child Nutrition Act of 1966 (42 U.S.C. 1773) 
if—
‘‘(A) the school food authority has an 
equivalent system for conducting a nutrient 
analysis, subject to State agency approval; and 
‘‘(B) the equivalent system adequately doc-
uments the extent to which the school food au-
thority is meeting the Dietary Guidelines for 
Americans and other nutrition standards. ’’. 
SEC. 307. WHOLE GRAINS. 
Not later than 12 months after the date of enactment 
of this Act, the Secretary shall issue guidance, based on 
Federal nutrition guidelines, to inform school food au-
thorities and other sponsors of strategies to increase the 
presence of whole grains in foods offered in school nutri-
tion programs under the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). 
SEC. 308. STUDY ON HEALTHY SCHOOL ENVIRONMENTS. 
Section 10 of the Child Nutrition Act of 1966 (42 
U.S.C. 1779) is amended by adding at the end the fol-
lowing:
‘‘(d) STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall enter 
into an agreement with a science-based organization 
to conduct a 12 month study, based on sound nutri-
tional science, to determine appropriate nutritional 
standards for foods available to students in school. 
The study shall take into consideration the role of 
all foods available to students in school as they re-
late to the total daily dietary intake of students par-
ticipating in the school foods program. The organi-
zation conducting the study shall transmit a report 
of the study, including recommendations to the Sec-
retary within 12 months after the date of enactment 
of this subsection. 
‘‘(2) DISSEMINATION.—Upon receipt of rec-
ommendations, the Secretary shall disseminate such 
recommendations to States and local educational 
agencies via the Internet and other methods of dis-
semination. 
‘‘(3) TECHNICAL ASSISTANCE.—Not less than 
120 days after receipt of recommendations, the Sec-
retary shall provide technical assistance to schools, 
upon their request, on how to implement such rec-
ommendations.’’.
TITLE 
IV—IMPROVING 
THE 
WOMEN, INFANTS, AND CHIL-
DREN PROGRAM 
SEC. 401. DEFINITION OF NUTRITION EDUCATION. 
Section 17(b)(7) of the Child Nutrition Act of 1966 
(42 U.S.C. 1786(b)(7)) is amended—
(1) by inserting ‘‘and physical activity,’’ after 
‘‘dietary habits’’; and 
(2) by striking ‘‘nutrition and health’’ and in-
serting ‘‘nutrition, health, and child development’’. 
SEC. 402. DEFINITION OF SUPPLEMENTAL FOODS. 
Section 17(b)(14) of the Child Nutrition Act of 1966 
(42 U.S.C. 1786(b)(14)) is amended by inserting after 
‘‘children’’ the following: ‘‘and foods that promote health 
as indicated in the most recent Dietary Guidelines for 
Americans published under section 301 of the National 
Nutrition Monitoring and Related Research Act of 1990 
(7 U.S.C. 5341)’’. 
SEC. 403. IMPROVING CERTIFICATION. 
(a) 
CERTIFICATION
OF
WOMEN
WHO
ARE 
BREASTFEEDING.—Section 17(d)(3)(A) of the Child Nu-
trition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended 
by adding at the end the following: ‘‘A State may certify 
breast-feeding women for up to 1 year, or until women 
stop breast-feeding, whichever is earlier.’’
(b) PHYSICAL PRESENCE REQUIREMENT.—Section 
17(d)(3)(C)(ii) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(d)(3)(C)(ii)) is amended—
(1) in subclause (I)(bb), by striking ‘‘from a 
provider other than the local agency; or’’ and insert-
ing a semicolon; 
(2) in subclause (II)(cc), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by inserting after subclause (II) the fol-
lowing: 
‘‘(III) an infant under 8 weeks of 
age—
‘‘(aa) who cannot be present 
at certification for a reason de-
termined appropriate by the local 
agency; and 
‘‘(bb) for whom all necessary 
certification information is pro-
vided.’’. 
(c) RESCHEDULING POLICIES.—Section 17(f)(19) of 
the Child Nutrition Act of 1966 is amended—
(1) in subparagraph (A), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and
(3) by adding at the end the following: 
‘‘(C) require local agencies to permit an appli-
cant or participant to reschedule an appointment to 
apply or be recertified for the program.’’. 
SEC. 404. REVIEWS OF AVAILABLE SUPPLEMENTAL FOODS. 
(a) SCIENTIFIC REVIEW.—Section 17(f)(11) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)) is 
amended to read as follows: 
‘‘(11)(A) The Secretary shall prescribe by regulations 
the supplemental foods to be made available in the pro-
gram under this section. To the degree possible the Sec-
retary shall ensure that the fat, sugar, and salt content 
of the prescribed foods is appropriate. 
‘‘(B) Beginning in 2013 and every 10 years there-
after, or more frequently if determined by the Secretary 
to be necessary to reflect current scientific knowledge, the 
Secretary shall conduct a scientific review of the supple-
mental foods available in the program and recommend, as 
necessary, changes to reflect nutrition science, current 
public health concerns, and cultural eating patterns.’’. 
(b) RULEMAKING.—The Secretary shall promulgate 
a rule updating the prescribed supplemental foods avail-
able through the program authorized under section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786) within 
6 months of receiving the review of the food package for
such program undertaken by the National Academy of 
Sciences, Institute of Medicine in September 2003. 
SEC. 405. NOTIFICATION OF VIOLATIONS AND INFANT FOR-
MULA BENEFITS. 
Section 17(f) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(f)) is amended by adding at the end the fol-
lowing: 
‘‘(25) NOTIFICATION
OF
VIOLATIONS.—If a 
State agency finds that a vendor has committed a 
violation that requires a pattern of occurrences in 
order to impose a sanction, the State agency shall 
notify the vendor of the initial violation in writing 
prior to documentation of another violation, unless 
the State agency determines that notifying the ven-
dor would compromise its investigation. 
‘‘(26) INFANT FORMULA BENEFITS.—The State 
agency may round up to the next whole can of infant 
formula to ensure that all infants receive the full-au-
thorized nutritional benefit specified by regulation.’’. 
SEC. 406. COMPETITIVE BIDDING. 
Section 17(h)(8)(A) of the Child Nutrition Act of 
1966 is amended by adding at the end the following: 
‘‘(iv) REBATE INVOICES.—Each State 
agency shall have a system to ensure that 
infant formula rebate invoices, under com-
petitive bidding, provide a reasonable esti-
mate or an actual count of the number of 
units sold to participants in the program 
under this section. 
‘‘(v) 
CENT-FOR-CENT
ADJUST-
MENTS.—A bid solicitation for infant for-
mula under the program made on or after 
October 1, 2004 shall require the manufac-
turer to adjust the price changes subse-
quent to the opening of the bidding process 
in a manner that requires—
‘‘(I) a cent-for-cent increase in 
the rebate amounts if there is an in-
crease in the lowest national wholesale 
price for a full truckload of the par-
ticular infant formula; or 
‘‘(II) a cent-for-cent decrease in 
the rebate amounts if there is a de-
crease in the lowest national wholesale 
price for a full truckload of the par-
ticular infant formula.’’. 
SEC. 407. FRUIT AND VEGETABLE PROJECTS. 
Section 17(h)(10)(B)(ii) is amended by inserting 
after ‘‘under this section’’ the following: ‘‘, which may in-
clude demonstration projects in up to 10 local sites, deter-
mined to be geographically and culturally representative 
of local States and Indian agencies, to evaluate the inclu-
sion of fresh, frozen, or canned fruits and vegetables (to 
be made available through private funds) as an addition 
to the supplemental food provided under this section’’. 
SEC. 408. MANAGEMENT INFORMATION SYSTEMS. 
Section 17(h)(12) of the Child Nutrition Act of 1996 
(42 U.S.C. 1786(h)(12)) is amended—
(1) by amending subparagraph (B) to read as 
follows: 
‘‘(B) EBT SYSTEMS.—
‘‘(i) IN GENERAL.—All States that re-
ceive Federal funds for design or imple-
mentation of electronic benefit transfer 
(EBT) systems for the program under this 
section shall use technical specifications or 
standards, as applicable, as determined by 
the Secretary, except as provided in clause 
(ii). 
‘‘(ii) EXISTING SYSTEMS.—EBT sys-
tems for the program under this section 
that are in development or are issuing ben-
efits as of the date of enactment shall be 
required to submit within 6 months after
the date of enactment of this subparagraph 
a plan for compliance. 
‘‘(iii) WAIVER.—The Secretary may 
waive compliance with this subparagraph 
for State EBT systems for the program 
under this section that are issuing benefits 
as of the date of enactment of this sub-
paragraph until such time that compliance 
is feasible.’’. 
(2) by amended subparagraph (C) to read as 
follows: 
‘‘(C) 
UNIVERSAL
PRODUCT
CODES
DATA-
BASE.—The Secretary shall implement a national 
Universal Product Code Database for use by all 
State agencies in carrying out the program and shall 
make available from appropriated funds such sums 
as may be required for hosting, hardware, and soft-
ware configuration, and support.’’. 
SEC. 409. INFANT FORMULA FRAUD PREVENTION. 
Section 17(h) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(h)) is further amended by adding at the end 
the following: 
‘‘(13) APPROVED
PROVIDERS
OF
INFANT
FOR-
MULA.—
‘‘(A) IN
GENERAL.—The State agency shall 
maintain a list of infant formula manufacturers, 
wholesalers, distributors, and retailers approved to 
provide infant formula to vendors. 
‘‘(B) LIST.—The list required under paragraph 
(A) shall include food manufacturers, wholesalers, 
distributors, and retailers licensed in the State in ac-
cordance with State law and regulations to dis-
tribute infant formula and food manufacturers reg-
istered with the U.S. Food and Drug Administration 
that provide infant formula. 
‘‘(C) PURCHASE REQUIREMENT.—Vendors au-
thorized to participate in the program under this 
section shall purchase infant formula from the list 
required under paragraph (A).’’. 
SEC. 410. STATE ALLIANCES. 
Section 17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786) is amended—
(1) in subsection (b) by adding at the end the 
following: 
‘‘(22) ‘State alliance’ means 2 or more State 
agencies that join together for the purpose of pro-
curing infant formula by soliciting competitive 
bids.’’; and
(2) in subsection (h)(8)(A) by adding at the 
end the following: 
‘‘(iv) SIZE OF STATE ALLIANCES.—No 
State alliance may form among States 
whose infant participation exceeds 200,000 
based on program participation as of Octo-
ber 2003, except that—
‘‘(I) an alliance among States 
with a combined 200,000 infant par-
ticipants as of October 2003 may con-
tinue, and may expand to include 
more than 200,000 infants, but may 
not expand to include any additional 
State agencies that were not included 
in the alliance as of October 1, 2003, 
other than as provided in subclause 
(II); and 
‘‘(II) any State agency serving 
fewer than 5,000 infant participants 
as of October 2003, or any Indian 
Tribal Organization, may request to 
join any State alliance.’’.
SEC. 411. LIMITS ON EXPENDITURES. 
Section 17(i)(3)(A)(ii)(I) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786(i)(3)(A)(ii)(I)) is amended by 
striking ‘‘1 percent’’ and inserting ‘‘3 percent’’. 
SEC. 412. MIGRANT AND COMMUNITY HEALTH CENTERS 
INITIATIVE. 
Section 17(j) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(j)) is amended by striking paragraph (4) and 
redesignating paragraph (5) as paragraph (4). 
SEC. 413. DEMONSTRATION PROJECTS. 
(a) CHILD NUTRITION ACT OF 1966.—Section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786) is 
amended by striking subsection (r). 
(b) NATIONAL SCHOOL LUNCH ACT.—Section 12 of 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) is amended by striking subsection (p). 
SEC. 414. AUTHORIZATION OF APPROPRIATIONS. 
(a) REAUTHORIZATION OF PROGRAM.—Section 17(g) 
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)) 
is amended by striking ‘‘(g)(1) There are authorized’’ and 
all that follows through ‘‘through 2003.’’ in paragraph (1) 
and inserting the following: 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section such sums as
are necessary for each of fiscal years 2004 through 
2009.’’. 
(b) NUTRITION SERVICES
AND ADMINISTRATION 
FUNDS.—Section 17(h) of the Child Nutrition Act of 
1966 (42 U.S.C. 1786(h)) is amended—
(1) in paragraph (2)(A), by striking ‘‘1995 
through 2003’’ and inserting ‘‘2004 through 2009’’; 
and 
(2) in paragraph (10)(A), by striking ‘‘1995 
through 2003’’ and inserting ‘‘2004 through 2009’’. 
(c) FARMERS’ MARKET NUTRITION PROGRAM.—Sec-
tion 17(m)(9)(A)(i) of the Child Nutrition Act of 1966 
(42 U.S.C. 1786(m)(9)) is amended to read as follows: 
‘‘(i) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to carry out this subsection such 
sums as are necessary for each of fiscal 
years 2004 through 2009.’’. 
TITLE 
V—REAUTHORIZATION, 
MISCELLANEOUS 
PROVI-
SIONS, AND EFFECTIVE DATE. 
SEC. 501. TRAINING, TECHNICAL, AND OTHER ASSISTANCE. 
Section 21(a)(1) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769b–1(a)(1)) is amended 
to read as follows:
‘‘(1) subject to the availability of and from 
amounts appropriated pursuant to subsection (e)(1), 
shall provide—
‘‘(A) training and technical assistance to 
improve the skills of individuals employed in 
food service programs carried out under this 
Act, section 4 of the Child Nutrition Act of 
1966 (42 U.S.C. 1773), and, as appropriate, 
other federally assisted feeding programs; 
‘‘(B) training and technical assistance to 
States, State agencies, schools, and school food 
authorities in the procurement of goods and 
services for programs under this Act and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
seq.), including training and technical assist-
ance to ensure compliance with section 12(n) of 
this Act (42 U.S.C. 1760(n)). 
‘‘(C) assistance, on a competitive basis, to 
State agencies for the purpose of aiding schools 
and school food authorities with at least 50 per-
cent of enrolled children certified to receive free 
or reduced price meals, in meeting the cost of 
acquiring or upgrading technology and informa-
tion management systems for use in food serv-
ice programs carried out under this Act and
section 4 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773) if the school or school food 
authority submits to the State agency an infra-
structure development plan that addresses the 
cost savings and improvements in program in-
tegrity and operations that would result from 
the use of new or upgraded technology in—
‘‘(i) methods to ensure that there 
shall not be any overt identification of any 
such child by special tokens or tickets, an-
nounced or published list of names, or by 
any other means; (ii) 
‘‘(ii) processing and verifying applica-
tions for free and reduced price school 
meals; 
‘‘(iii) integrating menu planning, pro-
duction, and serving data to monitor com-
pliance with section 9(f)(1); and 
‘‘(iv) establishing compatibility with 
statewide reporting systems. 
‘‘(D) assistance, on a competitive basis, to 
State agencies with low proportions of schools 
or students that participate in the school break-
fast program under section 4 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1773) and that
demonstrate the greatest need, for the purpose 
of aiding schools in meeting costs associated 
with initiating or expanding a school breakfast 
program under section 4 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773), including out-
reach and informational activities; and’’. 
SEC. 502. NOTICE OF IRRADIATED FOOD. 
Section 14 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1762a) is amended by adding at 
the end the following: 
‘‘(h) NOTICE OF IRRADIATED FOOD.—The Secretary 
shall develop policy and establish procedures for the pur-
chase and distribution of irradiated food products in Fed-
eral school meals programs. The policies and procedures 
shall ensure at a minimum that—
‘‘(1) irradiated food products are made avail-
able only at the request of States and school food 
authorities; 
‘‘(2) reimbursements to schools for irradiated 
food products are equal to reimbursements to 
schools for non-irradiated products; 
‘‘(3) States and school food service authorities 
are provided factual information on the science and 
evidence regarding irradiation technology, including 
notice that irradiation is not a substitute for safe
food handling techniques and any such other infor-
mation necessary to promote food safety in school 
meal programs; 
‘‘(4) States and school food service authorities 
are provided model procedures for providing factual 
information on the science and evidence regarding 
irradiation technology and any such other informa-
tion necessary to promote food safety in school 
meals to school food service authorities, parents, and 
students regarding irradiation technology; 
‘‘(5) irradiated food products distributed to the 
Federal school meals program are labeled with a 
symbol or other printed notice indicating that the 
product was treated with irradiation and is promi-
nently displayed in a clear and understandable for-
mat on the container; 
‘‘(6) irradiated products are not commingled 
with non-irradiated products in containers; and 
‘‘(7) encourages schools that offer irradiated 
foods to offer alternatives to irradiated food prod-
ucts as part of the meal plan used by schools.’’. 
SEC. 503. REAUTHORIZATION OF PROGRAMS. 
(a) STATE ADMINISTRATIVE EXPENSES.—Section 
7(g) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(g)) is amended by striking ‘‘2003’’ and inserting 
‘‘2009’’. 
(b) COMMODITY DISTRIBUTION PROGRAM.—
(1) Section 14(a) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1762a(a)) is 
amended by striking ‘‘March 31, 2004’’ and insert-
ing ‘‘September 30, 2009’’. 
(2) Section 15(e) of the Commodity Distribu-
tion Reform Act and WIC Amendments of 1987 (7 
U.S.C. 612c note; Public Law 100–237) is amended 
by striking ‘‘April 1, 2004’’ and inserting ‘‘October 
1, 2009’’. 
(c) PURCHASES OF LOCALLY PRODUCED FOODS.—
Section 9(j)(2)(A) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 758(j)(2)(A)) is amended 
by striking ‘‘2007’’ and inserting ‘‘2009’’. 
(d) TRAINING, TECHNICAL ASSISTANCE, AND FOOD 
SERVICE MANAGEMENT INSTITUTE.—Section 21(e)(1) of 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769b-1(e)(1)) is amended by striking ‘‘for each 
of fiscal years 1992 through 2003’’ and inserting ‘‘for fis-
cal year 2004, and such sums as may be necessary for 
fiscal years 2005 through 2009’’. 
(e) COMPLIANCE
AND ACCOUNTABILITY.—Section 
22(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769c(d)) is amended by striking ‘‘2003’’ 
and inserting ‘‘2009’’. 
SEC. 504. EFFECTIVE DATE. 
The amendments made by sections 101, 104, 105(a), 
201, 301, 304, 308, 408, 414, and 503 shall take effect 
on the date of enactment of this Act. The amendment 
made by section 202 shall take effect on July 1, 2005. 
All other amendments made by this Act shall take effect 
October 1, 2004.
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