Child Nutrition and WIC Reauthorization Act of 2004
PL 108-265 (S.2507), enacted 06/30/2004

118 STAT. 729
PUBLIC LAW 108–265—JUNE 30, 2004
Public Law 108–265
108th Congress
An Act
To amend the Richard B. Russell National School Lunch Act and the Child Nutrition
Act of 1966 to provide children with increased access to food and nutrition
assistance, to simplify program operations and improve program management,
to reauthorize child nutrition programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Child Nutrition
and WIC Reauthorization Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; Table of contents.
TITLE I—AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL
LUNCH ACT
Sec. 101.
Nutrition promotion.
Sec. 102.
Nutrition requirements.
Sec. 103.
Provision of information.
Sec. 104.
Direct certification.
Sec. 105.
Household applications.
Sec. 106.
Duration of eligibility for free or reduced price meals.
Sec. 107.
Runaway, homeless, and migrant youth.
Sec. 108.
Certification by local educational agencies.
Sec. 109.
Exclusion of military housing allowances.
Sec. 110.
Waiver of requirement for weighted averages for nutrient analysis.
Sec. 111.
Food safety.
Sec. 112.
Purchases of locally produced foods.
Sec. 113.
Special assistance.
Sec. 114.
Food and nutrition projects integrated with elementary school curricula.
Sec. 115.
Procurement training.
Sec. 116.
Summer food service program for children.
Sec. 117.
Commodity distribution program.
Sec. 118.
Notice of irradiated food products.
Sec. 119.
Child and adult care food program.
Sec. 120.
Fresh fruit and vegetable program.
Sec. 121.
Summer food service residential camp eligibility.
Sec. 122.
Access to local foods and school gardens.
Sec. 123.
Year-round services for eligible entities.
Sec. 124.
Free lunch and breakfast eligibility.
Sec. 125.
Training, technical assistance, and food service management institute.
Sec. 126.
Administrative error reduction.
Sec. 127.
Compliance and accountability.
Sec. 128.
Information clearinghouse.
Sec. 129.
Program evaluation.
TITLE II—AMENDMENTS TO CHILD NUTRITION ACT OF 1966
Sec. 201.
Severe need assistance.
Sec. 202.
State administrative expenses.
Sec. 203.
Special supplemental nutrition program for women, infants, and chil-
dren.
Child Nutrition
and WIC
Reauthorization
Act of 2004.
Inter-
governmental
relations.
42 USC 1751
note.
June 30, 2004
[S. 2507]
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118 STAT. 730
PUBLIC LAW 108–265—JUNE 30, 2004
Sec. 204.
Local wellness policy.
Sec. 205.
Team nutrition network.
Sec. 206.
Review of best practices in the breakfast program.
TITLE III—COMMODITY DISTRIBUTION PROGRAMS
Sec. 301.
Commodity distribution programs.
TITLE IV—MISCELLANEOUS
Sec. 401.
Sense of Congress regarding efforts to prevent and reduce childhood obe-
sity.
TITLE V—IMPLEMENTATION
Sec. 501.
Guidance and regulations.
Sec. 502.
Effective dates.
TITLE I—AMENDMENTS TO RICHARD B.
RUSSELL NATIONAL SCHOOL LUNCH
ACT
SEC. 101. NUTRITION PROMOTION.
The Richard B. Russell National School Lunch Act is amended
by inserting after section 4 (42 U.S.C. 1753) the following:
‘‘SEC. 5. NUTRITION PROMOTION.
‘‘(a) IN GENERAL.—Subject to the availability of funds made
available under subsection (g), the Secretary shall make payments
to State agencies for each fiscal year, in accordance with this
section, to promote nutrition in food service programs under this
Act and the school breakfast program established under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
‘‘(b) TOTAL AMOUNT FOR EACH FISCAL YEAR.—The total amount
of funds available for a fiscal year for payments under this section
shall equal not more than the product obtained by multiplying—
‘‘(1) 1⁄2 cent; by
‘‘(2) the number of lunches reimbursed through food service
programs under this Act during the second preceding fiscal
year in schools, institutions, and service institutions that
participate in the food service programs.
‘‘(c) PAYMENTS TO STATES.—
‘‘(1) ALLOCATION.—Subject to paragraph (2), from the
amount of funds available under subsection (g) for a fiscal
year, the Secretary shall allocate to each State agency an
amount equal to the greater of—
‘‘(A) a uniform base amount established by the Sec-
retary; or
‘‘(B) an amount determined by the Secretary, based
on the ratio that—
‘‘(i) the number of lunches reimbursed through
food service programs under this Act in schools, institu-
tions, and service institutions in the State that partici-
pate in the food service programs; bears to
‘‘(ii) the number of lunches reimbursed through
the food service programs in schools, institutions, and
service institutions in all States that participate in
the food service programs.
‘‘(2) REDUCTIONS.—The Secretary shall reduce allocations
to State agencies qualifying for an allocation under paragraph
(1)(B), in a manner determined by the Secretary, to the extent
42 USC 1754.
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118 STAT. 731
PUBLIC LAW 108–265—JUNE 30, 2004
necessary to ensure that the total amount of funds allocated
under paragraph (1) is not greater than the amount appro-
priated under subsection (g).
‘‘(d) USE OF PAYMENTS.—
‘‘(1) USE BY STATE AGENCIES.—A State agency may reserve,
to support dissemination and use of nutrition messages and
material developed by the Secretary, up to—
‘‘(A) 5 percent of the payment received by the State
for a fiscal year under subsection (c); or
‘‘(B) in the case of a small State (as determined by
the Secretary), a higher percentage (as determined by the
Secretary) of the payment.
‘‘(2) DISBURSEMENT TO SCHOOLS AND INSTITUTIONS.—Sub-
ject to paragraph (3), the State agency shall disburse any
remaining amount of the payment to school food authorities
and institutions participating in food service programs
described in subsection (a) to disseminate and use nutrition
messages and material developed by the Secretary.
‘‘(3) SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.—In
addition to any amounts reserved under paragraph (1), in the
case of the summer food service program for children estab-
lished under section 13, the State agency may—
‘‘(A) retain a portion of the funds made available under
subsection (c) (as determined by the Secretary); and
‘‘(B) use the funds, in connection with the program,
to disseminate and use nutrition messages and material
developed by the Secretary.
‘‘(e) DOCUMENTATION.—A State agency, school food authority,
and institution receiving funds under this section shall maintain
documentation of nutrition promotion activities conducted under
this section.
‘‘(f) REALLOCATION.—The Secretary may reallocate, to carry
out this section, any amounts made available to carry out this
section that are not obligated or expended, as determined by the
Secretary.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section, to remain available until expended.’’.
SEC. 102. NUTRITION REQUIREMENTS.
Section 9(a) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(a)) is amended by striking paragraph (2) and
inserting the following:
‘‘(2) FLUID MILK.—
‘‘(A) IN GENERAL.—Lunches served by schools partici-
pating in the school lunch program 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 restricts their diet, on receipt
of a written statement from a licensed physician that
identifies the disability that restricts the student’s diet
and that specifies the substitute for fluid milk.
‘‘(B) SUBSTITUTES.—
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118 STAT. 732
PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(i) STANDARDS FOR SUBSTITUTION.—A school may
substitute for the fluid milk provided under subpara-
graph (A), a nondairy beverage that is nutritionally
equivalent to fluid milk and meets nutritional stand-
ards established by the Secretary (which shall, among
other requirements to be determined by the Secretary,
include fortification of calcium, protein, vitamin A, and
vitamin D to levels found in cow’s milk) for students
who cannot consume fluid milk because of a medical
or other special dietary need other than a disability
described in subparagraph (A)(iii).
‘‘(ii) NOTICE.—The substitutions may be made if
the school notifies the State agency that the school
is implementing a variation allowed under this
subparagraph, and if the substitution is requested by
written statement of a medical authority or by a stu-
dent’s parent or legal guardian that identifies the med-
ical or other special dietary need that restricts the
student’s diet, except that the school shall not be
required to provide beverages other than beverages
the school has identified as acceptable substitutes.
‘‘(iii) EXCESS
EXPENSES
BORNE
BY
SCHOOL
FOOD
AUTHORITY.—Expenses incurred in providing substi-
tutions under this subparagraph that are in excess
of expenses covered by reimbursements under this Act
shall be paid by the school food authority.
‘‘(C) RESTRICTIONS ON SALE OF MILK PROHIBITED.—A
school that participates in the school lunch program under
this Act shall not directly or indirectly restrict the sale
or marketing of fluid milk products by the school (or by
a person approved by the school) at any time or any place—
‘‘(i) on the school premises; or
‘‘(ii) at any school-sponsored event.’’.
SEC. 103. PROVISION OF INFORMATION.
Section 9(a) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(a)) is amended by adding at the end the
following:
‘‘(4) PROVISION OF INFORMATION.—
‘‘(A) GUIDANCE.—Prior to the beginning of the school
year beginning July 2004, the Secretary shall issue guid-
ance to States and school food authorities to increase the
consumption of foods and food ingredients that are rec-
ommended for increased serving consumption 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).
‘‘(B) RULES.—Not later than 2 years after the date
of enactment of this paragraph, the Secretary shall promul-
gate rules, based on the most recent Dietary Guidelines
for Americans, that reflect specific recommendations,
expressed in serving recommendations, for increased
consumption of foods and food ingredients offered in school
nutrition programs under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.).’’.
Deadline.
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118 STAT. 733
PUBLIC LAW 108–265—JUNE 30, 2004
SEC. 104. DIRECT CERTIFICATION.
(a) IN GENERAL.—Section 9(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)) is amended—
(1) by redesignating paragraphs (3) through (7) as para-
graphs (9) through (13), respectively; and
(2) in paragraph (2)—
(A) in subparagraph (B)—
(i) by striking ‘‘(B) Applications’’ and inserting the
following:
‘‘(B) APPLICATIONS AND DESCRIPTIVE MATERIAL.—
‘‘(i) IN GENERAL.—Applications’’;
(ii) in the second sentence, by striking ‘‘Such forms
and descriptive material’’ and inserting the following:
‘‘(ii) INCOME ELIGIBILITY GUIDELINES.—Forms and
descriptive material distributed in accordance with
clause (i)’’; and
(iii) by adding at the end the following:
‘‘(iii) CONTENTS OF DESCRIPTIVE MATERIAL.—
‘‘(I) IN GENERAL.—Descriptive material distrib-
uted in accordance with clause (i) shall contain
a notification that—
‘‘(aa) participants in the programs listed
in subclause (II) may be eligible for free or
reduced price meals; and
‘‘(bb) documentation may be requested for
verification of eligibility for free or reduced
price meals.
‘‘(II) PROGRAMS.—The programs referred to in
subclause (I)(aa) are—
‘‘(aa) the special supplemental nutrition
program for women, infants, and children
established by section 17 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1786);
‘‘(bb) the food stamp program established
under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.);
‘‘(cc) the food distribution program on
Indian reservations established under section
4(b) of the Food Stamp Act of 1977 (7 U.S.C.
2013(b)); and
‘‘(dd) a State program funded under the
program of block grants to States for tem-
porary assistance for needy families estab-
lished under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).’’;
(B) by striking ‘‘(C)(i)’’ and inserting ‘‘(3)’’; and
(C) by striking clause (ii) of subparagraph (C) (as it
existed before the amendment made by subparagraph (B))
and all that follows through the end of subparagraph (D)
and inserting the following:
‘‘(4) DIRECT CERTIFICATION FOR CHILDREN IN FOOD STAMP
HOUSEHOLDS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (D), each
State agency shall enter into an agreement with the State
agency conducting eligibility determinations for the food
stamp program established under the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.).
Contracts.
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118 STAT. 734
PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(B) PROCEDURES.—Subject to paragraph (6), the agree-
ment shall establish procedures under which a child who
is a member of a household receiving assistance under
the food stamp program shall be certified as eligible for
free lunches under this Act and free breakfasts under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), with-
out further application.
‘‘(C) CERTIFICATION.—Subject to paragraph (6), under
the agreement, the local educational agency conducting
eligibility determinations for a school lunch program under
this Act and a school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall certify
a child who is a member of a household receiving assistance
under the food stamp program as eligible for free lunches
under this Act and free breakfasts under the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.), without further
application.
‘‘(D) APPLICABILITY.—This paragraph applies to—
‘‘(i) in the case of the school year beginning July
2006, a school district that had an enrollment of 25,000
students or more in the preceding school year;
‘‘(ii) in the case of the school year beginning July
2007, a school district that had an enrollment of 10,000
students or more in the preceding school year; and
‘‘(iii) in the case of the school year beginning July
2008 and each subsequent school year, each local edu-
cational agency.’’.
(b) ADMINISTRATION.—
(1) IN GENERAL.—Section 9(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)) (as amended
by subsection (a)) is amended by inserting after paragraph
(4) the following:
‘‘(5) DISCRETIONARY CERTIFICATION.—
‘‘(A) IN GENERAL.—Subject to paragraph (6), 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 the status of the child
as—
‘‘(i) a member of a family that is receiving assist-
ance under the temporary assistance for needy families
program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) that the Secretary
determines 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;
‘‘(ii) a homeless child or youth (defined as 1 of
the individuals described in section 725(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2));
‘‘(iii) served by the runaway and homeless youth
grant program established under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.); or
‘‘(iv) a migratory child (as defined in section 1309
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6399)).’’.
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118 STAT. 735
PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(B) CHILDREN
OF
HOUSEHOLDS
RECEIVING
FOOD
STAMPS.—Subject to paragraph (6), 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 the status of the child as a
member of a household that is receiving food stamps under
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
‘‘(6) USE OR DISCLOSURE OF INFORMATION.—
‘‘(A) IN
GENERAL.—The use or disclosure of any
information obtained from an application for free or reduced
price meals, or from a State or local agency referred to
in paragraph (3)(F), (4), or (5), shall be limited to—
‘‘(i) a person directly connected with the adminis-
tration or enforcement of this Act or the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.) (including
a regulation promulgated under either Act);
‘‘(ii) a person directly connected with the adminis-
tration or enforcement of—
‘‘(I) a Federal education program;
‘‘(II) a State health or education program
administered by the State or local educational
agency (other than a program carried out under
title XIX or XXI of the Social Security Act (42
U.S.C. 1396 et seq.; 42 U.S.C. 1397aa et seq.));
or
‘‘(III) a Federal, State, or local means-tested
nutrition program with eligibility standards com-
parable to the school lunch program under this
Act;
‘‘(iii)(I) the Comptroller General of the United
States for audit and examination authorized by any
other provision of law; and
‘‘(II) 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 covered by this paragraph or paragraph
(3)(F), (4), or (5);
‘‘(iv) a person directly connected with the adminis-
tration 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 purposes of—
‘‘(I) identifying children eligible for benefits
under, and enrolling children in, those programs,
except that this subclause shall apply only to the
extent that the State and the local educational
agency or school food authority so elect; and
‘‘(II) verifying the eligibility of children for
programs under this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.); and
‘‘(v) a third party contractor described in paragraph
(3)(G)(iv).
‘‘(B) LIMITATION ON INFORMATION PROVIDED.—Informa-
tion provided under clause (ii) or (v) of subparagraph (A)
shall be limited to the income eligibility status of the
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118 STAT. 736
PUBLIC LAW 108–265—JUNE 30, 2004
child for whom application for free or reduced price meal
benefits is made or for whom eligibility information is
provided under paragraph (3)(F), (4), or (5), unless the
consent of the parent or guardian of the child for whom
application for benefits was made is obtained.
‘‘(C) CRIMINAL
PENALTY.—A person described in
subparagraph (A) who publishes, divulges, discloses, or
makes known in any manner, or to any extent not author-
ized 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.
‘‘(D) 
REQUIREMENTS
FOR
WAIVER
OF
CONFIDEN-
TIALITY.—A State that elects to exercise the option
described in subparagraph (A)(iv)(I) shall ensure that any
local educational agency or school food authority acting
in accordance with that option—
‘‘(i) has a written agreement with 1 or more State
or local agencies administering health programs for
children under titles XIX and XXI of the Social Security
Act (42 U.S.C. 1396 et seq. and 1397aa et seq.) that
requires the health agencies to use the information
obtained under subparagraph (A) to seek to enroll chil-
dren in those health programs; and
‘‘(ii)(I) notifies each household, the information of
which shall be disclosed under subparagraph (A), that
the information disclosed will be used only to enroll
children in health programs referred to in subpara-
graph (A)(iv); and
‘‘(II) provides each parent or guardian of a child
in the household with an opportunity to elect not to
have the information disclosed.
‘‘(E) USE
OF
DISCLOSED
INFORMATION.—A person to
which 
information 
is 
disclosed 
under 
subparagraph
(A)(iv)(I) shall use or disclose the information only as nec-
essary for the purpose of enrolling children in health pro-
grams referred to in subparagraph (A)(iv).
‘‘(7) FREE AND REDUCED PRICE POLICY STATEMENT.—
‘‘(A) IN GENERAL.—After the initial submission, a local
educational agency shall not be required to submit a free
and reduced price policy statement to a State educational
agency under this Act unless there is a substantive change
in the free and reduced price policy of the local educational
agency.
‘‘(B) ROUTINE CHANGE.—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 educational agency to submit a policy statement.
‘‘(8) COMMUNICATIONS.—
‘‘(A) IN GENERAL.—Any communication with a house-
hold under this subsection or subsection (d) shall be in
an understandable and uniform format and, to the max-
imum extent practicable, in a language that parents and
legal guardians can understand.
‘‘(B) ELECTRONIC AVAILABILITY.—In addition to the dis-
tribution of applications and descriptive material in paper
form as provided for in this paragraph, the applications
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118 STAT. 737
PUBLIC LAW 108–265—JUNE 30, 2004
and material may be made available electronically via the
Internet.’’.
(2) AGREEMENT FOR DIRECT CERTIFICATION AND COOPERA-
TION.—Section 11 of the Food Stamp Act of 1977 (7 U.S.C.
2020) is amended by adding at the end the following:
‘‘(u) AGREEMENT
FOR DIRECT CERTIFICATION
AND COOPERA-
TION.—
‘‘(1) IN GENERAL.—Each State agency shall enter into an
agreement with the State agency administering the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
‘‘(2) CONTENTS.—The agreement shall establish procedures
that ensure that—
‘‘(A) any child receiving benefits under this Act shall
be certified as eligible for free lunches under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) and free breakfasts under the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), without further
application; and
‘‘(B) each State agency shall cooperate in carrying out
paragraphs (3)(F) and (4) of section 9(b) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(b)).’’.
(c) FUNDING.—
(1) IN GENERAL.—On October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary of Agriculture
to assist States in carrying out the amendments contained
in this section and the provisions of section 9(b)(3) of the
Richard B. Russell National School Lunch Act (as amended
by section 105(a)) $9,000,000, to remain available until
expended.
(2) RECEIPT AND ACCEPTANCE.—The Secretary shall be enti-
tled to receive, shall accept, and shall use to assist States
in carrying out the amendments made by this section and
the provisions of section 9(b)(3) of the Richard B. Russell
National School Lunch Act (as amended by section 105(a))
the funds transferred under paragraph (1), without further
appropriation.
(d) CONFORMING AMENDMENTS.—
(1) Effective July 1, 2008, paragraph (5) of section 9(b)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)) (as added by subsection (b)(1)) is amended—
(A) by striking subparagraph (B);
(B) by striking ‘‘CERTIFICATION.—’’ and all that follows
through ‘‘IN GENERAL.—’’ and inserting ‘‘CERTIFICATION.—
’’; and
(C) by redesignating clauses (i) through (iv) as subpara-
graphs (A) through (D), respectively, and indenting appro-
priately.
(2) Section 9 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758) (as amended by subsection (a)(1))
is amended—
(A) in subsection (b)(12)(B), by striking ‘‘paragraph
(2)(C)’’ and inserting ‘‘this subsection’’; and
(B) in the second sentence of subsection (d)(1), by
striking ‘‘subsection (b)(2)(C)’’ and inserting ‘‘subsection
(b)(3)(G)’’.
Effective date.
42 USC 1758
note.
Effective date.
Regulations.
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118 STAT. 738
PUBLIC LAW 108–265—JUNE 30, 2004
(3) Section 11(e) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1759a(e)) is amended in the first sentence
by striking ‘‘section 9(b)(3)’’ and inserting ‘‘section 9(b)(9)’’.
SEC. 105. HOUSEHOLD APPLICATIONS.
(a) IN GENERAL.—Section 9(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)) (as amended by
section 104(a)(2)(B)) is amended by striking paragraph (3) and
inserting the following:
‘‘(3) HOUSEHOLD APPLICATIONS.—
‘‘(A) DEFINITION OF HOUSEHOLD APPLICATION.—In this
paragraph, the term ‘household application’ means an
application for a child of a household to receive free or
reduced price school lunches under this Act, or free or
reduced price school breakfasts under the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), for which an eligibility
determination is made other than under paragraph (4)
or (5).
‘‘(B) ELIGIBILITY DETERMINATION.—
‘‘(i) IN
GENERAL.—An eligibility determination
shall be made on the basis of a complete household
application executed by an adult member of the house-
hold or in accordance with guidance issued by the
Secretary.
‘‘(ii) ELECTRONIC SIGNATURES AND APPLICATIONS.—
A household application may be executed using an
electronic signature if—
‘‘(I) the application is submitted electronically;
and
‘‘(II) the electronic application filing system
meets confidentiality standards established by the
Secretary.
‘‘(C) CHILDREN IN HOUSEHOLD.—
‘‘(i) IN GENERAL.—The household application shall
identify the names of each child in the household for
whom meal benefits are requested.
‘‘(ii) SEPARATE APPLICATIONS.—A State educational
agency or local educational agency may not request
a separate application for each child in the household
that attends schools under the same local educational
agency.
‘‘(D) VERIFICATION OF SAMPLE.—
‘‘(i) DEFINITIONS.—In this subparagraph:
‘‘(I) ERROR
PRONE
APPLICATION.—The term
‘error prone application’ means an approved house-
hold application that—
‘‘(aa) indicates monthly income that is
within $100, or an annual income that is
within $1,200, of the income eligibility limita-
tion for free or reduced price meals; or
‘‘(bb) in lieu of the criteria established
under item (aa), meets criteria established by
the Secretary.
‘‘(II) NON-RESPONSE
RATE.—The term ‘non-
response rate’ means (in accordance with guide-
lines established by the Secretary) the percentage
of approved household applications for which
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verification information has not been obtained by
a 
local 
educational 
agency 
after 
attempted
verification under subparagraphs (F) and (G).
‘‘(ii) VERIFICATION OF SAMPLE.—Each school year,
a local educational agency shall verify eligibility of
the children in a sample of household applications
approved for the school year by the local educational
agency, as determined by the Secretary in accordance
with this subsection.
‘‘(iii) SAMPLE SIZE.—Except as otherwise provided
in this paragraph, the sample for a local educational
agency for a school year shall equal the lesser of—
‘‘(I) 3 percent of all applications approved by
the local educational agency for the school year,
as of October 1 of the school year, selected from
error prone applications; or
‘‘(II) 3,000 error prone applications approved
by the local educational agency for the school year,
as of October 1 of the school year.
‘‘(iv) ALTERNATIVE SAMPLE SIZE.—
‘‘(I) IN GENERAL.—If the conditions described
in subclause (IV) are met, the verification sample
size for a local educational agency shall be the
sample size described in subclause (II) or (III),
as determined by the local educational agency.
‘‘(II) 3,000/3 PERCENT
OPTION.—The sample
size described in this subclause shall be the lesser
of 3,000, or 3 percent of, applications selected at
random from applications approved by the local
educational agency for the school year, as of
October 1 of the school year.
‘‘(III) 1,000/1 PERCENT PLUS OPTION.—
‘‘(aa) 
IN
GENERAL.—The 
sample 
size
described in this subclause shall be the sum
of—
‘‘(AA) the lesser of 1,000, or 1 percent
of, all applications approved by the local
educational agency for the school year, as
of October 1 of the school year, selected
from error prone applications; and
‘‘(BB) the lesser of 500, or 1⁄2 of 1
percent of, applications approved by the
local educational agency for the school
year, as of October 1 of the school year,
that provide a case number (in lieu of
income information) showing participation
in a program described in item (bb)
selected from those approved applications
that provide a case number (in lieu of
income information) verifying the partici-
pation.
‘‘(bb) PROGRAMS.—The programs described
in this item are—
‘‘(AA) the food stamp program estab-
lished under the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.);
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‘‘(BB) the food distribution program
on Indian reservations established under
section 4(b) of the Food Stamp Act of 1977
(7 U.S.C. 2013(b)); and
‘‘(CC) a State program funded under
the program of block grants to States for
temporary assistance for needy families
established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et
seq.) that the Secretary determines com-
plies 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) CONDITIONS.—The conditions referred to
in subclause (I) shall be met for a local educational
agency for a school year if—
‘‘(aa) the nonresponse rate for the local
educational agency for the preceding school
year is less than 20 percent; or
‘‘(bb) the local educational agency has
more than 20,000 children approved by
application by the local educational agency as
eligible for free or reduced price meals for
the school year, as of October 1 of the school
year, and—
‘‘(AA) the nonresponse rate for the
preceding school year is at least 10 per-
cent below the nonresponse rate for the
second preceding school year; or
‘‘(BB) in the case of the school year
beginning July 2005, the local educational
agency attempts to verify all approved
household 
applications 
selected 
for
verification through use of public agency
records from at least 2 of the programs
or sources of information described in
subparagraph (F)(i).
‘‘(v) 
ADDITIONAL
SELECTED
APPLICATIONS.—A
sample for a local educational agency for a school year
under clauses (iii) and (iv)(III)(AA) shall include the
number of additional randomly selected approved
household applications that are required to comply
with the sample size requirements in those clauses.
‘‘(E) PRELIMINARY REVIEW.—
‘‘(i) REVIEW FOR ACCURACY.—
‘‘(I) IN
GENERAL.—Prior to conducting any
other verification activity for approved household
applications selected for verification, the local edu-
cational agency shall ensure that the initial eligi-
bility determination for each approved household
application is reviewed for accuracy by an indi-
vidual other than the individual making the initial
eligibility determination, unless otherwise deter-
mined by the Secretary.
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118 STAT. 741
PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(II) WAIVER.—The requirements of subclause
(I) shall be waived for a local educational agency
if the local educational agency is using a tech-
nology-based solution that demonstrates a high
level of accuracy, to the satisfaction of the Sec-
retary, in processing an initial eligibility deter-
mination in accordance with the income eligibility
guidelines of the school lunch program.
‘‘(ii) CORRECT ELIGIBILITY DETERMINATION.—If the
review indicates that the initial eligibility determina-
tion is correct, the local educational agency shall verify
the approved household application.
‘‘(iii) INCORRECT
ELIGIBILITY
DETERMINATION.—If
the review indicates that the initial eligibility deter-
mination is incorrect, the local educational agency shall
(as determined by the Secretary)—
‘‘(I) correct the eligibility status of the house-
hold;
‘‘(II) notify the household of the change;
‘‘(III) in any case in which the review indicates
that the household is not eligible for free or
reduced-price meals, notify the household of the
reason for the ineligibility and that the household
may reapply with income documentation for free
or reduced-price meals; and
‘‘(IV) in any case in which the review indicates
that the household is eligible for free or reduced-
price meals, verify the approved household applica-
tion.
‘‘(F) DIRECT VERIFICATION.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii),
to verify eligibility for free or reduced price meals
for approved household applications selected for
verification, the local educational agency may (in
accordance with criteria established by the Secretary)
first obtain and use income and program participation
information from a public agency administering—
‘‘(I) the food stamp program established under
the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.);
‘‘(II) the food distribution program on Indian
reservations established under section 4(b) of the
Food Stamp Act of 1977 (7 U.S.C. 2013(b));
‘‘(III) the temporary assistance for needy fami-
lies program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.);
‘‘(IV) the State medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.); or
‘‘(V) a similar income-tested program or other
source of information, as determined by the Sec-
retary.
‘‘(ii) FREE MEALS.—Public agency records that may
be obtained and used under clause (i) to verify eligi-
bility for free meals for approved household applica-
tions selected for verification shall include the most
recent available information (other than information
Records.
Notification.
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118 STAT. 742
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reflecting program participation or income before the
180-day period ending on the date of application for
free meals) that is relied on to administer—
‘‘(I) a program or source of information
described in clause (i) (other than clause (i)(IV));
or
‘‘(II) the State plan for medical assistance
under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) in—
‘‘(aa) a State in which the income eligi-
bility limit applied under section 1902(l)(2)(C)
of that Act (42 U.S.C. 1396a(l)(2)(C)) is not
more than 133 percent of the official poverty
line described in section 1902(l)(2)(A) of that
Act (42 U.S.C. 1396a(l)(2)(A)); or
‘‘(bb) a State that otherwise identifies
households that have income that is not more
than 133 percent of the official poverty line
described in section 1902(l)(2)(A) of that Act
(42 U.S.C. 1396a(l)(2)(A)).
‘‘(iii) 
REDUCED
PRICE
MEALS.—Public 
agency
records that may be obtained and used under clause
(i) to verify eligibility for reduced price meals for
approved 
household 
applications 
selected 
for
verification shall include the most recent available
information (other than information reflecting program
participation or income before the 180-day period
ending on the date of application for reduced price
meals) that is relied on to administer—
‘‘(I) a program or source of information
described in clause (i) (other than clause (i)(IV));
or
‘‘(II) the State plan for medical assistance
under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) in—
‘‘(aa) a State in which the income eligi-
bility limit applied under section 1902(l)(2)(C)
of that Act (42 U.S.C. 1396a(l)(2)(C)) is not
more than 185 percent of the official poverty
line described in section 1902(l)(2)(A) of that
Act (42 U.S.C. 1396a(l)(2)(A)); or
‘‘(bb) a State that otherwise identifies
households that have income that is not more
than 185 percent of the official poverty line
described in section 1902(l)(2)(A) of that Act
(42 U.S.C. 1396a(l)(2)(A)).
‘‘(iv) EVALUATION.—Not later than 3 years after
the date of enactment of this subparagraph, the Sec-
retary shall complete an evaluation of—
‘‘(I) the effectiveness of direct verification car-
ried out under this subparagraph in decreasing
the portion of the verification sample that must
be verified under subparagraph (G) while ensuring
that adequate verification information is obtained;
and
‘‘(II) the feasibility of direct verification by
State agencies and local educational agencies.
Deadline.
Records.
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118 STAT. 743
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‘‘(v) EXPANDED USE OF DIRECT VERIFICATION.—If
the Secretary determines that direct verification
significantly decreases the portion of the verification
sample that must be verified under subparagraph (G),
while ensuring that adequate verification information
is obtained, and can be conducted by most State agen-
cies and local educational agencies, the Secretary may
require a State agency or local educational agency
to implement direct verification through 1 or more
of the programs described in clause (i), as determined
by the Secretary, unless the State agency or local edu-
cational agency demonstrates (under criteria estab-
lished by the Secretary) that the State agency or local
educational agency lacks the capacity to conduct, or
is unable to implement, direct verification.
‘‘(G) HOUSEHOLD VERIFICATION.—
‘‘(i) IN
GENERAL.—If an approved household
application is not verified through the use of public
agency records, a local educational agency shall provide
to the household written notice that—
‘‘(I) the approved household application has
been selected for verification; and
‘‘(II) the household is required to submit
verification information to confirm eligibility for
free or reduced price meals.
‘‘(ii) PHONE NUMBER.—The written notice in clause
(i) shall include a toll-free phone number that parents
and legal guardians in households selected for
verification can call for assistance with the verification
process.
‘‘(iii) FOLLOWUP ACTIVITIES.—If a household does
not respond to a verification request, a local edu-
cational agency shall make at least 1 attempt to obtain
the necessary verification from the household in accord-
ance with guidelines and regulations promulgated by
the Secretary.
‘‘(iv) CONTRACT
AUTHORITY
FOR
SCHOOL
FOOD
AUTHORITIES.—A local educational agency may contract
(under standards established by the Secretary) with
a third party to assist the local educational agency
in carrying out clause (iii).
‘‘(H) VERIFICATION DEADLINE.—
‘‘(i) GENERAL DEADLINE.—
‘‘(I) IN
GENERAL.—Subject to subclause (II),
not later than November 15 of each school year,
a local educational agency shall complete the
verification activities required for the school year
(including followup activities).
‘‘(II) EXTENSION.—Under criteria established
by the Secretary, a State may extend the deadline
established under subclause (I) for a school year
for a local educational agency to December 15 of
the school year.
‘‘(ii) 
ELIGIBILITY
CHANGES.—Based 
on 
the
verification activities, the local educational agency
shall make appropriate modifications to the eligibility
Notice.
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118 STAT. 744
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determinations made for household applications in
accordance with criteria established by the Secretary.
‘‘(I) LOCAL CONDITIONS.—In the case of a natural dis-
aster, civil disorder, strike, or other local condition (as
determined by the Secretary), the Secretary may substitute
alternatives for—
‘‘(i) the sample size and sample selection criteria
established under subparagraph (D); and
‘‘(ii) the verification deadline established under
subparagraph (H).
‘‘(J) INDIVIDUAL REVIEW.—In accordance with criteria
established by the Secretary, the local educational agency
may, on individual review—
‘‘(i) decline to verify no more than 5 percent of
approved 
household 
applications 
selected 
under
subparagraph (D); and
‘‘(ii) replace the approved household applications
with other approved household applications to be
verified.
‘‘(K) FEASIBILITY STUDY.—
‘‘(i) IN GENERAL.—The Secretary shall conduct a
study of the feasibility of using computer technology
(including data mining) to reduce—
‘‘(I) overcertification errors in the school lunch
program under this Act;
‘‘(II) waste, fraud, and abuse in connection
with this paragraph; and
‘‘(III) errors, waste, fraud, and abuse in other
nutrition programs, as determined to be appro-
priate by the Secretary.
‘‘(ii) REPORT.—Not later than 180 days after the
date of enactment of this paragraph, the Secretary
shall submit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing—
‘‘(I) the results of the feasibility study con-
ducted under this subsection;
‘‘(II) how a computer system using technology
described in clause (i) could be implemented;
‘‘(III) a plan for implementation; and
‘‘(IV) proposed legislation, if necessary, to
implement the system.’’.
(b) CONFORMING AMENDMENTS.—Section 1902(a)(7) of the Social
Security Act (42 U.S.C. 1396a(a)(7)) is amended—
(1) by striking ‘‘connected with the’’ and inserting ‘‘con-
nected with—
‘‘(A) the’’;
(2) by adding ‘‘and’’ after the semicolon; and
(3) by adding at the end the following:
‘‘(B) at State option, the exchange of information nec-
essary to verify the certification of eligibility of children
for free or reduced price breakfasts under the Child Nutri-
tion Act of 1966 and free or reduced price lunches under
the Richard B. Russell National School Lunch Act, in
accordance with section 9(b) of that Act, using data stand-
ards and formats established by the State agency;’’.
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(c) EVALUATION FUNDING.—
(1) IN GENERAL.—On October 1, 2005, out of any funds
in the Treasury not otherwise appropriated, the Secretary of
the Treasury shall transfer to the Secretary of Agriculture
to conduct the evaluation required by section 9(b)(3)(F)(iv) of
the Richard B. Russell National School Lunch Act (as amended
by subsection (a)) $2,000,000, to remain available until
expended.
(2) RECEIPT
AND
ACCEPTANCE.—The Secretary of Agri-
culture shall be entitled to receive, shall accept, and shall
use to carry out this section the funds transferred under para-
graph (1), without further appropriation.
SEC. 106. DURATION OF ELIGIBILITY FOR FREE OR REDUCED PRICE
MEALS.
Paragraph (9) of section 9(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)) (as redesignated by section
104(a)(1)) is amended—
(1) by striking ‘‘(9) Any’’ and inserting the following:
‘‘(9) ELIGIBILITY FOR FREE AND REDUCED PRICE LUNCHES.—
‘‘(A) FREE LUNCHES.—Any’’;
(2) by striking ‘‘Any’’ in the second sentence and inserting
the following:
‘‘(B) REDUCED PRICE LUNCHES.—
‘‘(i) IN GENERAL.—Any’’;
(3) by striking ‘‘The’’ in the last sentence and inserting
the following:
‘‘(ii) MAXIMUM PRICE.—The’’; and
(4) by adding at the end the following:
‘‘(C) DURATION.—Except as otherwise specified in para-
graph (3)(E), (3)(H)(ii), and section 11(a), eligibility for free
or reduced price meals for any school year shall remain
in effect—
‘‘(i) beginning on the date of eligibility approval
for the current school year; and
‘‘(ii) ending on a date during the subsequent school
year determined by the Secretary.’’.
SEC. 107. RUNAWAY, HOMELESS, AND MIGRANT YOUTH.
(a) CATEGORICAL ELIGIBILITY FOR FREE LUNCHES AND BREAK-
FASTS.—Section 9(b)(12)(A) of the Richard B. Russell National
School Lunch Act (as redesignated by section 104(a)(1) of this Act)
is amended—
(1) in clause (ii), by striking ‘‘or’’ at the end;
(2) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
‘‘(iv) a homeless child or youth (defined as 1 of the
individuals described in section 725(2) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a(2));
‘‘(v) served by the runaway and homeless youth grant
program established under the Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.); or
‘‘(vi) a migratory child (as defined in section 1309 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6399)).’’.
(b) DOCUMENTATION.—Section 9(d)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended—
Effective date.
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(1) in subparagraph (B), by striking ‘‘or’’;
(2) in subparagraph (C), by striking the period at the
end and inserting a semicolon; and
(3) by inserting after subparagraph (C) the following:
‘‘(D) documentation has been provided to the appropriate
local educational agency showing that the child meets the cri-
teria specified in clauses (iv) or (v) of subsection (b)(12)(A);
or
‘‘(E) documentation has been provided to the appropriate
local educational agency showing the status of the child as
a migratory child (as defined in section 1309 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6399)).’’.
SEC. 108. CERTIFICATION BY LOCAL EDUCATIONAL AGENCIES.
(a) CERTIFICATION BY LOCAL EDUCATIONAL AGENCY.—Section
9 of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758) is amended—
(1) in the second sentence of subsection (b)(11) (as redesig-
nated by section 104(a)(1)), by striking ‘‘Local school authori-
ties’’ and inserting ‘‘Local educational agencies’’; and
(2) in subsection (d)(2)—
(A) by striking ‘‘local school food authority’’ 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 AGENCY.—Section 12(d)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d)) is amended—
(1) by redesignating paragraph (8) as paragraph (3) and
moving the paragraph to appear after paragraph (2);
(2) by redesignating paragraphs (3) through (7) (as those
paragraphs existed before the amendment made by paragraph
(1)) as paragraphs (5) through (9), respectively; and
(3) by inserting after paragraph (3) (as redesignated by
paragraph (1)) the following:
‘‘(4) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) IN GENERAL.—The term ‘local educational 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 educational agency’
includes, in the case of a private nonprofit school, 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 authority’’ each place it appears and
inserting ‘‘local educational agency’’.
SEC. 109. EXCLUSION OF MILITARY HOUSING ALLOWANCES.
Section 9(b) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(b)) (as amended by section 104(a)(1)) is
amended in paragraph (13) by striking ‘‘For each of fiscal years
2002 and 2003 and through June 30, 2004, the’’ and inserting
‘‘The’’.
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SEC. 110. WAIVER OF REQUIREMENT 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 by striking ‘‘September 30,
2003’’ and inserting ‘‘September 30, 2009’’.
SEC. 111. FOOD SAFETY.
Section 9(h) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)) is amended—
(1) in the subsection heading, by striking ‘‘INSPECTIONS’’;
(2) in paragraph (1)—
(A) by striking ‘‘Except as provided in paragraph (2),
a’’ and inserting ‘‘A’’;
(B) by striking ‘‘shall, at least once’’ and inserting:
‘‘shall—
‘‘(A) at least twice’’;
(C) by striking the period at the end and inserting
a semicolon; and
(D) by adding at the end the following:
‘‘(B) post in a publicly visible location a report on
the most recent inspection conducted under subparagraph
(A); and
‘‘(C) on request, provide a copy of the report to a
member of the public.’’; and
(3) by striking paragraph (2) and inserting the following:
‘‘(2) STATE AND LOCAL GOVERNMENT INSPECTIONS.—Nothing
in paragraph (1) prevents any State or local government from
adopting or enforcing any requirement for more frequent food
safety inspections of schools.
‘‘(3) AUDITS AND REPORTS BY STATES.—For each of fiscal
years 2006 through 2009, each State shall annually—
‘‘(A) audit food safety inspections of schools conducted
under paragraphs (1) and (2); and
‘‘(B) submit to the Secretary a report of the results
of the audit.
‘‘(4) AUDIT BY THE SECRETARY.—For each of fiscal years
2006 through 2009, the Secretary shall annually audit State
reports of food safety inspections of schools submitted under
paragraph (3).
‘‘(5) SCHOOL
FOOD
SAFETY
PROGRAM.—Each school food
authority shall implement a school food safety program, in
the preparation and service of each meal served to children,
that complies with any hazard analysis and critical control
point system established by the Secretary.’’.
SEC. 112. PURCHASES OF LOCALLY PRODUCED FOODS.
Section 9(j)(2)(A) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(j)(2)(A)) is amended by striking ‘‘2007’’
and inserting ‘‘2009’’.
SEC. 113. SPECIAL ASSISTANCE.
Section 11(a)(1) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1759a(a)(1)) is amended by inserting ‘‘or school
district’’ after ‘‘school’’ each place it appears in subparagraphs (C)
through (E) (other than as part of ‘‘school year’’, ‘‘school years’’,
‘‘school lunch’’, ‘‘school breakfast’’, and ‘‘4-school-year period’’).
Reports.
Public
information.
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SEC. 114. FOOD 
AND 
NUTRITION 
PROJECTS 
INTEGRATED 
WITH
ELEMENTARY SCHOOL CURRICULA.
Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) is amended by striking subsection (m).
SEC. 115. PROCUREMENT TRAINING.
Section 12 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760) (as amended by section 114) is amended
by inserting after subsection (l) the following:
‘‘(m) PROCUREMENT TRAINING.—
‘‘(1) IN GENERAL.—Subject to the availability of funds made
available under paragraph (4), the Secretary shall provide tech-
nical assistance and training to States, State agencies, schools,
and school food authorities in the procurement of goods and
services for programs under this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17
of that Act (42 U.S.C. 1786)).
‘‘(2) BUY AMERICAN TRAINING.—Activities carried out under
paragraph (1) shall include technical assistance and training
to ensure compliance with subsection (n).
‘‘(3) PROCURING SAFE FOODS.—Activities carried out under
paragraph (1) shall include technical assistance and training
on procuring safe foods, including the use of model specifications
for procuring safe foods.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $1,000,000
for each of fiscal years 2005 through 2009, to remain available
until expended.’’.
SEC. 116. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) SEAMLESS SUMMER OPTION.—Section 13(a) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is
amended by adding at the end the following:
‘‘(8) SEAMLESS SUMMER OPTION.—Except as otherwise deter-
mined by the Secretary, a service institution that is a public
or private nonprofit school food authority may provide summer
or school vacation food service in accordance with applicable
provisions of law governing the school lunch program estab-
lished under this Act or the school breakfast program estab-
lished under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).’’.
(b) SEAMLESS SUMMER REIMBURSEMENTS.—Section 13(b)(1) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1761(b)(1)) is amended by adding at the end the following:
‘‘(D) SEAMLESS SUMMER REIMBURSEMENTS.—A service
institution 
described 
in 
subsection 
(a)(8) 
shall 
be
reimbursed for meals and meal supplements in accordance
with the applicable provisions under this Act (other than
subparagraphs (A), (B), and (C) of this paragraph and
paragraph (4)) and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), as determined by the Secretary.’’.
(c) SUMMER FOOD SERVICE ELIGIBILITY CRITERIA.—Section 13(a)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1761(a)) (as amended by subsection (a)) is amended by adding
at the end the following—
‘‘(9) EXEMPTION.—
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‘‘(A) IN GENERAL.—For each of calendar years 2005
and 2006 in rural areas of the State of Pennsylvania (as
determined by the Secretary), the threshold for determining
‘areas in which poor economic conditions exist’ under para-
graph (1)(C) shall be 40 percent.
‘‘(B) EVALUATION.—
‘‘(i) IN GENERAL.—The Secretary, acting through
the Administrator of the Food and Nutrition Service,
shall evaluate the impact of the eligibility criteria
described in subparagraph (A) as compared to the eligi-
bility criteria described in paragraph (1)(C).
‘‘(ii) IMPACT.—The evaluation shall assess the
impact of the threshold in subparagraph (A) on—
‘‘(I) the number of sponsors offering meals
through the summer food service program;
‘‘(II) the number of sites offering meals
through the summer food service program;
‘‘(III) the geographic location of the sites;
‘‘(IV) services provided to eligible children; and
‘‘(V) other factors determined by the Secretary.
‘‘(iii) REPORT.—Not later than January 1, 2008,
the Secretary shall submit to the Committee on Edu-
cation and the Workforce of the House of Representa-
tives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing the
results of the evaluation under this subparagraph.
‘‘(iv) FUNDING.—
‘‘(I) IN
GENERAL.—On January 1, 2005, out
of any funds in the Treasury not otherwise appro-
priated, the Secretary of the Treasury shall
transfer to the Secretary of Agriculture to carry
out this subparagraph $400,000, to remain avail-
able until expended.
‘‘(II) RECEIPT
AND
ACCEPTANCE.—The Sec-
retary shall be entitled to receive, shall accept,
and shall use to carry out this subparagraph the
funds transferred under subclause (I), without fur-
ther appropriation.’’.
(d) SUMMER FOOD SERVICE RURAL TRANSPORTATION.—Section
13(a) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1761(a)) (as amended by subsection (c)) is amended by adding
at the end the following:
‘‘(10) SUMMER FOOD SERVICE RURAL TRANSPORTATION.—
‘‘(A) IN GENERAL.—The Secretary shall provide grants,
through not more than 5 eligible State agencies selected
by the Secretary, to not more than 60 eligible service
institutions selected by the Secretary to increase participa-
tion at congregate feeding sites in the summer food service
program for children authorized by this section through
innovative approaches to limited transportation in rural
areas.
‘‘(B) ELIGIBILITY.—To be eligible to receive a grant
under this paragraph—
‘‘(i) a State agency shall submit an application
to the Secretary, in such manner as the Secretary
shall establish, and meet criteria established by the
Secretary; and
Grants.
Effective date.
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PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(ii) a service institution shall agree to the terms
and conditions of the grant, as established by the Sec-
retary.
‘‘(C) DURATION.—A service institution that receives a
grant under this paragraph may use the grant funds during
the 3-fiscal year period beginning in fiscal year 2005.
‘‘(D) REPORTS.—The Secretary shall submit to the Com-
mittee on Education and the Workforce of the House of
Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate—
‘‘(i) not later than January 1, 2007, an interim
report that describes—
‘‘(I) the use of funds made available under
this paragraph; and
‘‘(II) any progress made by using funds from
each grant provided under this paragraph; and
‘‘(ii) not later than January 1, 2008, a final report
that describes—
‘‘(I) the use of funds made available under
this paragraph;
‘‘(II) any progress made by using funds from
each grant provided under this paragraph;
‘‘(III) the impact of this paragraph on partici-
pation in the summer food service program for
children authorized by this section; and
‘‘(IV) any recommendations by the Secretary
concerning the activities of the service institutions
receiving grants under this paragraph.
‘‘(E) FUNDING.—
‘‘(i) IN GENERAL.—Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
to carry out this paragraph—
‘‘(I) on October 1, 2005, $2,000,000; and
‘‘(II) on October 1, 2006, and October 1, 2007,
$1,000,000.
‘‘(ii) RECEIPT
AND
ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out this paragraph the funds transferred
under clause (i), without further appropriation.
‘‘(iii) AVAILABILITY OF FUNDS.—Funds transferred
under clause (i) shall remain available until expended.
‘‘(iv) REALLOCATION.—The Secretary may reallo-
cate any amounts made available to carry out this
paragraph that are not obligated or expended, as deter-
mined by the Secretary.’’.
(e) REAUTHORIZATION.—Section 13(q) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(q)) is amended by
striking ‘‘June 30, 2004’’ and inserting ‘‘September 30, 2009’’.
(f) SIMPLIFIED SUMMER FOOD PROGRAMS.—
(1) DEFINITION OF ELIGIBLE STATE.—Section 18(f) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769(f)) is amended by striking paragraph (1) and inserting
the following:
‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this subsection,
the term ‘eligible State’ means—
Effective dates.
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118 STAT. 751
PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(A) a State participating in the program under this
subsection as of May 1, 2004; and
‘‘(B) a State in which (based on data available in April
2004)—
‘‘(i) the percentage obtained by dividing—
‘‘(I) the sum of—
‘‘(aa) the average daily number of children
attending the summer food service program
in the State in July 2003; and
‘‘(bb) the average daily number of children
receiving free or reduced price meals under
the school lunch program in the State in July
2003; by
‘‘(II) the average daily number of children
receiving free or reduced price meals under the
school lunch program in the State in March 2003;
is less than
‘‘(ii) 66.67 percent of the percentage obtained by
dividing—
‘‘(I) the sum of—
‘‘(aa) the average daily number of children
attending the summer food service program
in all States in July 2003; and
‘‘(bb) the average daily number of children
receiving free or reduced price meals under
the school lunch program in all States in July
2003; by
‘‘(II) the average daily number of children
receiving free or reduced price meals under the
school lunch program in all States in March 2003.’’.
(2) DURATION.—Section 18(f)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(f)(2)) is amended
by striking ‘‘During the period beginning October 1, 2000, and
ending June 30, 2004, the’’ and inserting ‘‘The’’.
(3) PRIVATE
NONPROFIT
ORGANIZATIONS.—Section 18(f)(3)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(f)(3)) is amended in subparagraphs (A) and (B) by striking
‘‘(other than a service institution described in section 13(a)(7))’’
both places it appears.
(4) REPORT.—Section 18(f) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(f)) is amended
by striking paragraph (6) and inserting the following:
‘‘(6) REPORT.—Not later than April 30, 2007, the Secretary
shall submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report that
includes—
‘‘(A) the evaluations completed by the Secretary under
paragraph (5); and
‘‘(B) any recommendations of the Secretary concerning
the programs.’’.
(5) CONFORMING
AMENDMENTS.—Section 18(f) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769(f)) is amended—
(A) by striking the subsection heading and inserting
the following:
‘‘(f) SIMPLIFIED SUMMER FOOD PROGRAMS.—’’;
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118 STAT. 752
PUBLIC LAW 108–265—JUNE 30, 2004
(B) in paragraph (2)—
(i) by striking the paragraph heading and inserting
the following:
‘‘(2) PROGRAMS.—’’; and
(ii) by striking ‘‘pilot project’’ and inserting ‘‘pro-
gram’’;
(C) in subparagraph (A) and (B) of paragraph (3), by
striking ‘‘pilot project’’ both places it appears and inserting
‘‘program’’; and
(D) in paragraph (5)—
(i) in the paragraph heading by striking ‘‘PILOT
PROJECTS’’ and inserting ‘‘PROGRAMS’’; and
(ii) by striking ‘‘pilot project’’ each place it appears
and inserting ‘‘program’’.
SEC. 117. COMMODITY DISTRIBUTION PROGRAM.
Section 14(a) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1762a(a)) is amended by striking ‘‘, during the
period beginning July 1, 1974, and ending June 30, 2004,’’.
SEC. 118. NOTICE OF IRRADIATED FOOD PRODUCTS.
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 PRODUCTS.—
‘‘(1) IN
GENERAL.—The Secretary shall develop a policy
and establish procedures for the purchase and distribution of
irradiated food products in school meals programs under this
Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
‘‘(2) MINIMUM REQUIREMENTS.—The policy and procedures
shall ensure, at a minimum, that—
‘‘(A) irradiated food products are made available only
at the request of States and school food authorities;
‘‘(B) reimbursements to schools for irradiated food prod-
ucts are equal to reimbursements to schools for food prod-
ucts that are not irradiated;
‘‘(C) States and school food authorities are provided
factual information on the science and evidence regarding
irradiation technology, including—
‘‘(i) notice that irradiation is not a substitute for
safe food handling techniques; and
‘‘(ii) any other similar information determined by
the Secretary to be necessary to promote food safety
in school meals programs;
‘‘(D) States and school food authorities are provided
model procedures for providing to school food authorities,
parents, and students—
‘‘(i) factual information on the science and evidence
regarding irradiation technology; and
‘‘(ii) any other similar information determined by
the Secretary to be necessary to promote food safety
in school meals;
‘‘(E) irradiated food products distributed to the Federal
school meals program under this Act and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.) are labeled with
a symbol or other printed notice that—
‘‘(i) indicates that the product was irradiated; and
Procedures.
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‘‘(ii) is prominently displayed in a clear and under-
standable format on the container;
‘‘(F) irradiated food products are not commingled in
containers with food products that are not irradiated; and
‘‘(G) schools that offer irradiated food products are
encouraged to offer alternatives to irradiated food products
as part of the meal plan used by the schools.’’.
SEC. 119. CHILD AND ADULT CARE FOOD PROGRAM.
(a) DEFINITION OF INSTITUTION.—
(1) IN GENERAL.—Section 17(a)(2)(B)(i) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766(a)(2)(B)(i))
is amended by striking ‘‘during’’ and all that follows through
‘‘2004,’’.
(2) CONFORMING AMENDMENT.—Section 17 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1766) is
amended by striking subsection (p).
(b) DURATION OF DETERMINATION AS TIER I FAMILY 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) AUDITS.—Section 17(i) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(i)) is amended by striking ‘‘(i)
The’’ and inserting the following:
‘‘(i) AUDITS.—
‘‘(1) DISREGARDS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in con-
ducting management evaluations, reviews, or audits under
this section, the Secretary or a State agency may disregard
any overpayment to an institution for a fiscal year if the
total overpayment to the institution for the fiscal year
does not exceed an amount that is consistent with the
disregards allowed in other programs under this Act and
recognizes the cost of collecting small claims, as determined
by the Secretary.
‘‘(B) CRIMINAL OR FRAUD VIOLATIONS.—In carrying out
this paragraph, 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.
‘‘(2) FUNDING.—The’’.
(d) DURATION OF AGREEMENTS.—Section 17(j) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1766(j)) is
amended—
(1) by striking ‘‘(j) The’’ and inserting the following:
‘‘(j) AGREEMENTS.—
‘‘(1) IN GENERAL.—The’’; and
(2) by adding at the end the following:
‘‘(2) DURATION.—An agreement under paragraph (1) shall
remain in effect until terminated by either party to the agree-
ment.’’.
(e) RURAL AREA ELIGIBILITY DETERMINATION FOR DAY CARE
HOMES.—Section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) (as amended by subsection (a)(2)) is
amended by inserting after subsection (o) the following:
‘‘(p) RURAL AREA ELIGIBILITY DETERMINATION FOR DAY CARE
HOMES.—
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‘‘(1) DEFINITION OF SELECTED TIER I FAMILY OR GROUP DAY
CARE HOME.—In this subsection, the term ‘selected tier I family
or group day care home’ means a family or group day home
that meets the definition of tier I family or group day care
home under subclause (I) of subsection (f)(3)(A)(ii) except that
items (aa) and (bb) of that subclause shall be applied by sub-
stituting ‘40 percent’ for ‘50 percent’.
‘‘(2) ELIGIBILITY.—For each of fiscal years 2006 and 2007,
in rural areas of the State of Nebraska (as determined by
the Secretary), the Secretary shall provide reimbursement to
selected tier I family or group day care homes (as defined
in paragraph (1)) under subsection (f)(3) in the same manner
as tier I family or group day care homes (as defined in sub-
section (f)(3)(A)(ii)(I)).
‘‘(3) EVALUATION.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Administrator of the Food and Nutrition Service, shall
evaluate the impact of the eligibility criteria described in
paragraph (2) as compared to the eligibility criteria
described in subsection (f)(3)(A)(ii)(I).
‘‘(B) IMPACT.—The evaluation shall assess the impact
of the change in eligibility requirements on—
‘‘(i) the number of family or group day care homes
offering meals under this section;
‘‘(ii) the number of family or group day care homes
offering meals under this section that are defined as
tier I family or group day care homes as a result
of paragraph (1) that otherwise would be defined as
tier II family or group day care homes under subsection
(f)(3)(A)(iii);
‘‘(iii) the geographic location of the family or group
day care homes;
‘‘(iv) services provided to eligible children; and
‘‘(v) other factors determined by the Secretary.
‘‘(C) REPORT.—Not later than March 31, 2008, the Sec-
retary shall submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the results of the evaluation
under this subsection.
‘‘(D) FUNDING.—
‘‘(i) IN GENERAL.—On October 1, 2005, out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Sec-
retary of Agriculture to carry out this paragraph
$400,000, to remain available until expended.
‘‘(ii) RECEIPT
AND
ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out this paragraph the funds transferred
under clause (i), without further appropriation.’’.
(f) MANAGEMENT SUPPORT.—Section 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 ‘‘2005 and
2006’’.
(g) AGE LIMITS.—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)—
Effective date.
Applicability.
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118 STAT. 755
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(A) by striking ‘‘12’’ and inserting ‘‘18’’; and
(B) by inserting ‘‘or’’ after the semicolon;
(2) by striking subclause (II); and
(3) by redesignating subclause (III) as subclause (II).
(h) TECHNICAL AMENDMENTS.—Section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766) is amended—
(1) in subsection (a)(6)(B), by inserting ‘‘and adult’’ after
‘‘child’’; and
(2) in subsection (t)(3), by striking ‘‘subsection (a)(1)’’ and
inserting ‘‘subsection (a)(5)’’.
(i) PAPERWORK REDUCTION.—The Secretary of Agriculture, in
conjunction with States and participating institutions, shall
examine the feasibility of reducing paperwork resulting from regula-
tions and recordkeeping requirements for State agencies, 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).
(j) EARLY CHILD NUTRITION EDUCATION.—
(1) IN GENERAL.—Subject to the availability of funds made
available under paragraph (6), for a period of 4 successive
years, the Secretary of Agriculture shall award to 1 or more
entities with expertise in designing and implementing health
education programs for limited-English-proficient individuals
1 or more grants to enhance obesity prevention activities for
child care centers and sponsoring organizations providing serv-
ices to limited-English-proficient individuals through the child
and adult care food program under section 17 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1766) in
each of 4 States selected by the Secretary in accordance with
paragraph (2).
(2) STATES.—The Secretary shall provide grants under this
subsection in States that have experienced a growth in the
limited-English-proficient population of the States of at least
100 percent between the years 1990 and 2000, as measured
by the census.
(3) REQUIRED
ACTIVITIES.—Activities carried out under
paragraph (1) shall include—
(A) developing an interactive and comprehensive tool
kit for use by lay health educators and training activities;
(B) conducting training and providing ongoing technical
assistance for lay health educators; and
(C) establishing collaborations with child care centers
and sponsoring organizations participating in the child and
adult care food program under section 17 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1766)
to—
(i) identify limited-English-proficient children and
families; and
(ii) enhance the capacity of the child care centers
and sponsoring organizations to use appropriate obe-
sity prevention strategies.
(4) EVALUATION.—Each grant recipient shall identify an
institution of higher education to conduct an independent
evaluation of the effectiveness of the grant.
Grants.
42 USC 1766
note.
42 USC 1766
note.
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(5) REPORT.—The Secretary shall submit to the Committee
on Education and the Workforce of the House of Representa-
tives, and the Committee on Agriculture, Nutrition, and For-
estry and the Committee on Health, Education, Labor, and
Pensions, of the Senate a report that includes—
(A) the evaluation completed by the institution of
higher education under paragraph (4);
(B) the effectiveness of lay health educators in reducing
childhood obesity; and
(C) any recommendations of the Secretary concerning
the grants.
(6) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this subsection $250,000
for each of fiscal years 2005 through 2009.
SEC. 120. FRESH FRUIT AND VEGETABLE PROGRAM.
Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) is amended by striking subsection (g) and
inserting the following:
‘‘(g) FRESH FRUIT AND VEGETABLE PROGRAM.—
‘‘(1) IN GENERAL.—For the school year beginning July 2004
and each subsequent school year, the Secretary shall carry
out a program to make free fresh fruits and vegetables avail-
able, to the maximum extent practicable, to—
‘‘(A) 25 elementary or secondary schools in each of
the 4 States authorized to participate in the program under
this subsection on May 1, 2004;
‘‘(B) 25 elementary or secondary schools (as selected
by the Secretary in accordance with paragraph (3)) in each
of 4 States (including a State for which funds were allocated
under the program described in paragraph (3)(B)(ii)) that
are not participating in the program under this subsection
on May 1, 2004; and
‘‘(C) 25 elementary or secondary schools operated on
3 Indian reservations (including the reservation authorized
to participate in the program under this subsection on
May 1, 2004), as selected by the Secretary.
‘‘(2) PROGRAM.—A school participating in the program shall
make free fresh fruits and vegetables available to students
throughout the school day in 1 or more areas designated by
the school.
‘‘(3) SELECTION OF SCHOOLS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), in selecting additional schools to participate in the
program under paragraph (1)(B), the Secretary shall—
‘‘(i) to the maximum extent practicable, 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 interested 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 program signed by the school food manager,
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PUBLIC LAW 108–265—JUNE 30, 2004
the school principal, and the district super-
intendent (or equivalent positions, as determined
by the school); and
‘‘(III) such other information as may be
requested by the Secretary;
‘‘(iii) for each application received, determine
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
‘‘(iv) give priority to schools that submit a plan
for implementation of the program that includes a
partnership with 1 or more entities that provide non-
Federal resources (including entities representing the
fruit and vegetable industry) for—
‘‘(I) the acquisition, handling, promotion, or
distribution of fresh and dried fruits and fresh
vegetables; or
‘‘(II) other support that contributes to the pur-
poses of the program.
‘‘(B) NONAPPLICABILITY
TO
EXISTING
PARTICIPANTS.—
Subparagraph (A) shall not apply to a school, State, or
Indian reservation authorized—
‘‘(i) to participate in the program on May 1, 2004;
or
‘‘(ii) to receive funding for free fruits and vegeta-
bles under funds provided for public health improve-
ment under the heading ‘DISEASE CONTROL, RESEARCH,
AND TRAINING’ under the heading ‘CENTERS FOR DIS-
EASE CONTROL
AND PREVENTION’ in title II of the
Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations
Act, 2004 (Division E of Public Law 108–199; 118
Stat. 238).
‘‘(4) NOTICE OF AVAILABILITY.—To be eligible to participate
in the program under this subsection, a school shall widely
publicize within the school the availability of free fresh fruits
and vegetables under the program.
‘‘(5) REPORTS.—
‘‘(A) INTERIM REPORTS.—Not later than September 30
of each of fiscal years 2005 through 2008, the Secretary,
acting through the Administrator of the Food and Nutrition
Service, shall submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate an interim report that describes the activities car-
ried out under this subsection during the fiscal year covered
by the report.
‘‘(B) FINAL REPORT.—Not later than December 31, 2008,
the Secretary, acting through the Administrator of the
Food and Nutrition Service, shall submit to the Committee
on Education and the Workforce of the House of Represent-
atives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a final report that describes the
results of the program under this subsection.
‘‘(6) FUNDING.—
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PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(A) EXISTING FUNDS.—The Secretary shall use to carry
out this subsection any funds that remain under this sub-
section on the day before the date of enactment of this
subparagraph.
‘‘(B) MANDATORY FUNDS.—
‘‘(i) IN GENERAL.—On October 1, 2004, and on each
October 1 thereafter, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
to carry out this subsection $9,000,000, to remain avail-
able until expended.
‘‘(ii) RECEIPT
AND
ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out this subsection the funds made avail-
able under this subparagraph, without further appro-
priation.
‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—In addition
to any amounts made available under subparagraphs (A)
and (B), there are authorized to be appropriated such sums
as are necessary to expand the program carried out under
this subsection.
‘‘(D) REALLOCATION.—The Secretary may reallocate any
amounts made available to carry out this subsection that
are not obligated or expended, as determined by the Sec-
retary.’’.
SEC. 121. SUMMER FOOD SERVICE RESIDENTIAL CAMP ELIGIBILITY.
Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) is amended by adding at the end the following:
‘‘(h) SUMMER FOOD SERVICE RESIDENTIAL CAMP ELIGIBILITY.—
‘‘(1) IN GENERAL.—During the month after the date of enact-
ment of this subsection through September, 2004, and the
months of May through September, 2005, the Secretary shall
modify eligibility criteria, at not more than 1 private nonprofit
residential camp in each of not more than 2 States, as deter-
mined by the Secretary, for the purpose of identifying and
evaluating alternative methods of determining the eligibility
of residential private nonprofit camps to participate in the
summer food service program for children established under
section 13.
‘‘(2) ELIGIBILITY.—To be eligible for the criteria modified
under paragraph (1), a residential camp—
‘‘(A) shall be a service institution (as defined in section
13(a)(1));
‘‘(B) may not charge a fee to any child in residence
at the camp; and
‘‘(C) shall serve children who reside in an area in
which poor economic conditions exist (as defined in section
13(a)(1)).
‘‘(3) PAYMENTS.—
‘‘(A) IN GENERAL.—Under this subsection, the Secretary
shall provide reimbursement for meals served to all chil-
dren at a residential camp at the payment rates specified
in section 13(b)(1).
‘‘(B) 
REIMBURSABLE
MEALS.—A 
residential 
camp
selected by the Secretary may receive reimbursement for
Effective date.
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118 STAT. 759
PUBLIC LAW 108–265—JUNE 30, 2004
not more than 3 meals, or 2 meals and 1 supplement,
during each day of operation.
‘‘(4) EVALUATION.—
‘‘(A) INFORMATION
FROM
RESIDENTIAL
CAMPS.—Not
later than December 31, 2005, a residential camp selected
under paragraph (1) shall report to the Secretary such
information as is required by the Secretary concerning
the requirements of this subsection.
‘‘(B) REPORT TO CONGRESS.—Not later than March 31,
2006, the Secretary shall submit to the Committee on Edu-
cation and the Workforce of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report that evaluates the effect of this
subsection on program participation and other factors, as
determined by the Secretary.’’.
SEC. 122. ACCESS TO LOCAL FOODS AND SCHOOL GARDENS.
Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) (as amended by section 121) is amended
by adding at the end the following:
‘‘(i) ACCESS TO LOCAL FOODS AND SCHOOL GARDENS.—
‘‘(1) IN GENERAL.—The Secretary may provide assistance,
through competitive matching grants and technical assistance,
to schools and nonprofit entities for projects that—
‘‘(A) improve access to local foods in schools and institu-
tions participating in programs under this Act and section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
through farm-to-cafeteria activities, including school gar-
dens, that may include the acquisition of food and appro-
priate equipment and the provision of training and edu-
cation;
‘‘(B) are, at a minimum, designed to—
‘‘(i) procure local foods from small- and medium-
sized farms for school meals; and
‘‘(ii) support school garden programs;
‘‘(C) support nutrition education activities or cur-
riculum planning that incorporates the participation of
school children in farm-based agricultural education activi-
ties, that may include school gardens;
‘‘(D) develop a sustained commitment to farm-to-cafe-
teria projects in the community by linking schools, State
departments of agriculture, 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 facilities, equipment,
or services provided by State and local governments and
private sources); and
‘‘(H) cooperate in an evaluation carried out by the
Secretary.
‘‘(2) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated such sums as are necessary to
carry out this subsection for each of fiscal years 2004 through
2009.’’.
Deadline.
Reports.
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PUBLIC LAW 108–265—JUNE 30, 2004
SEC. 123. YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES.
Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) (as amended by section 122) is amended
by adding at the end the following:
‘‘(j) YEAR-ROUND SERVICES FOR ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—A service institution that is described
in section 13(a)(6) (excluding a public school), or a private
nonprofit organization described in section 13(a)(7), and that
is located in the State of California may be reimbursed—
‘‘(A) for up to 2 meals during each day of operation
served—
‘‘(i) during the months of May through September;
‘‘(ii) in the case of a service institution that oper-
ates a food service program for children on school
vacation, at anytime under a continuous school cal-
endar; and
‘‘(iii) in the case of a service institution that pro-
vides meal service at a nonschool site to children who
are not in school for a period during the school year
due to a natural disaster, building repair, court order,
or similar case, at anytime during such a period; and
‘‘(B) for a snack served during each day of operation
after school hours, weekends, and school holidays during
the regular school calendar.
‘‘(2) 
PAYMENTS.—The 
service 
institution 
shall 
be
reimbursed consistent with section 13(b)(1).
‘‘(3) ADMINISTRATION.—To receive reimbursement under
this subsection, a service institution shall comply with section
13, other than subsections (b)(2) and (c)(1) of that section.
‘‘(4) EVALUATION.—Not later than September 30, 2007, the
State agency shall submit to the Secretary a report on the
effect of this subsection on participation in the summer food
service program for children established under section 13.
‘‘(5) FUNDING.—The Secretary shall provide to the State
of California such sums as are necessary to carry out this
subsection for each of fiscal years 2005 through 2009.’’.
SEC. 124. FREE LUNCH AND BREAKFAST ELIGIBILITY.
Section 18 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769) (as amended by section 123) is amended
by adding at the end the following:
‘‘(k) FREE LUNCH AND BREAKFAST ELIGIBILITY.—
‘‘(1) IN GENERAL.—Subject to the availability of funds under
paragraph (4), the Secretary shall expand the service of free
lunches and breakfasts provided at schools participating in
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) in all or part of 5 States selected by the
Secretary (of which at least 1 shall be a largely rural State
with a significant Native American population).
‘‘(2) INCOME ELIGIBILITY.—The income guidelines for deter-
mining eligibility for free lunches or breakfasts under this
subsection shall be 185 percent of the applicable family size
income levels contained in the nonfarm income poverty guide-
lines prescribed by the Office of Management and Budget,
as adjusted annually in accordance with section 9(b)(1)(B).
‘‘(3) EVALUATION.—
Deadline.
Reports.
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PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(A) IN GENERAL.—Not later than 3 years after the
implementation of this subsection, the Secretary shall con-
duct an evaluation to assess the impact of the changed
income eligibility guidelines by comparing the school food
authorities operating under this subsection to school food
authorities not operating under this subsection.
‘‘(B) IMPACT ASSESSMENT.—
‘‘(i) CHILDREN.—The evaluation shall assess the
impact of this subsection separately on—
‘‘(I) children in households with incomes less
than 130 percent of the applicable family income
levels contained in the nonfarm poverty income
guidelines prescribed by the Office of Management
and Budget, as adjusted annually in accordance
with section 9(b)(1)(B); and
‘‘(II) children in households with incomes
greater than 130 percent and not greater than
185 percent of the applicable family income levels
contained in the nonfarm poverty income guide-
lines prescribed by the Office of Management and
Budget, as adjusted annually in accordance with
section 9(b)(1)(B).
‘‘(ii) FACTORS.—The evaluation shall assess the
impact of this subsection on—
‘‘(I) certification and participation rates in the
school lunch and breakfast programs;
‘‘(II) rates of lunch- and breakfast-skipping;
‘‘(III) academic achievement;
‘‘(IV) the allocation of funds authorized in title
I of the Elementary and Secondary Education Act
(20 U.S.C. 6301) to local educational agencies and
public schools; and
‘‘(V) other factors determined by the Secretary.
‘‘(C) COST ASSESSMENT.—The evaluation shall assess
the increased costs associated with providing additional
free, reduced price, or paid meals in the school food authori-
ties operating under this subsection.
‘‘(D) REPORT.—On completion of the evaluation, the
Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing the results of the evaluation
under this paragraph.
‘‘(4) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated such sums as are necessary to
carry out this subsection, to remain available until expended.’’.
SEC. 125. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE
MANAGEMENT INSTITUTE.
(a) IN GENERAL.—Section 21(a)(1) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b–1(a)(1)) is amended
by striking ‘‘activities and’’ and all that follows and inserting ‘‘activi-
ties and provide—
‘‘(A) training and technical assistance to improve the
skills of individuals employed in—
Deadline.
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118 STAT. 762
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‘‘(i) food service programs carried out with assist-
ance under this Act and, to the maximum extent prac-
ticable, using individuals who administer exemplary
local food service programs in the State;
‘‘(ii) school breakfast programs carried out with
assistance under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773); and
‘‘(iii) as appropriate, other federally assisted
feeding programs; and
‘‘(B) assistance, on a competitive basis, to State agen-
cies for the purpose of aiding schools and school food
authorities with at least 50 percent of enrolled children
certified to receive free or reduced price meals (and, if
there are any remaining funds, other schools and school
food authorities) in meeting the cost of acquiring or
upgrading technology and information management sys-
tems for use in food service 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 infrastructure development
plan that—
‘‘(i) addresses the cost savings and improvements
in program integrity and operations that would result
from the use of new or upgraded technology;
‘‘(ii) ensures that there is not any overt identifica-
tion of any child by special tokens or tickets, announced
or published list of names, or by any other means;
‘‘(iii) provides for processing and verifying applica-
tions for free and reduced price school meals;
‘‘(iv) integrates menu planning, production, and
serving data to monitor compliance with section 9(f)(1);
and
‘‘(v) 
establishes 
compatibility 
with 
statewide
reporting systems;
‘‘(C) assistance, on a competitive basis, to State agen-
cies with low proportions of schools or students that—
‘‘(i) participate in the school breakfast program
under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773); and
‘‘(ii) demonstrate the greatest need, for the purpose
of aiding schools in meeting costs associated with initi-
ating or expanding a school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773), including outreach and informational activities;
and’’.
(b) DUTIES OF FOOD SERVICE MANAGEMENT INSTITUTE.—Section
21(c)(2)(B) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769b–1(c)(2)(B)) is amended—
(1) by striking clauses (vi) and (vii) and inserting the fol-
lowing:
‘‘(vi) safety, including food handling, hazard anal-
ysis and critical control point plan implementation,
emergency readiness, responding to a food recall, and
food biosecurity training;’’; and
(2) by redesignating clauses (viii) through (x) as clauses
(vii) through (ix), respectively.
(c) AUTHORIZATION OF APPROPRIATIONS.—
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118 STAT. 763
PUBLIC LAW 108–265—JUNE 30, 2004
(1) TRAINING ACTIVITIES AND TECHNICAL ASSISTANCE.—Sec-
tion 21(e)(1) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769b–1(e)(1)) is amended by striking ‘‘2003’’
and inserting ‘‘2009’’.
(2) 
FOOD
SERVICE
MANAGEMENT
INSTITUTE.—Section
21(e)(2)(A) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769b–1(e)(2)(A) is amended in the first
sentence—
(A) by striking ‘‘provide to the Secretary’’ and all that
follows through ‘‘1998, and’’ and inserting ‘‘provide to the
Secretary’’; and
(B) by striking ‘‘1999 and’’ and inserting ‘‘2004 and
$4,000,000 for fiscal year 2005’’.
SEC. 126. ADMINISTRATIVE ERROR REDUCTION.
(a) FEDERAL SUPPORT FOR TRAINING AND TECHNICAL ASSIST-
ANCE.—Section 21 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769b–1) is amended by adding at the end the
following:
‘‘(f) ADMINISTRATIVE TRAINING
AND TECHNICAL ASSISTANCE
MATERIAL.—In collaboration with State educational agencies, local
educational agencies, and school food authorities of varying sizes,
the Secretary shall develop and distribute training and technical
assistance material relating to the administration of school meals
programs that are representative of the best management and
administrative practices.
‘‘(g) FEDERAL ADMINISTRATIVE SUPPORT.—
‘‘(1) FUNDING.—
‘‘(A) IN GENERAL.—Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary of Agriculture to carry out
this subsection—
‘‘(i) on October 1, 2004, and October 1, 2005,
$3,000,000; and
‘‘(ii) on October 1, 2006, October 1, 2007, and
October 1, 2008, $2,000,000.
‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this subsection the funds transferred under subpara-
graph (A), without further appropriation.
‘‘(C) AVAILABILITY OF FUNDS.—Funds transferred under
subparagraph (A) shall remain available until expended.
‘‘(2) USE OF FUNDS.—The Secretary may use funds provided
under this subsection—
‘‘(A) to provide training and technical assistance and
material related to improving program integrity and
administrative accuracy in school meals programs; and
‘‘(B) to assist State educational agencies in reviewing
the administrative practices of local educational agencies,
to the extent determined by the Secretary.’’.
(b) SELECTED ADMINISTRATIVE REVIEWS.—
(1) IN GENERAL.—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 LOCAL
EDUCATIONAL AGENCIES.—
Effective date.
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‘‘(A) DEFINITION
OF
SELECTED
LOCAL
EDUCATIONAL
AGENCIES.—In this paragraph, the term ‘selected local edu-
cational agency’ means a local educational agency that
has a demonstrated high level of, or a high risk for,
administrative error, as determined by the Secretary.
‘‘(B) ADDITIONAL ADMINISTRATIVE REVIEW.—In addition
to any review required by subsection (a) or paragraph
(1), each State educational agency shall conduct an
administrative review of each selected local educational
agency during the review cycle established under sub-
section (a).
‘‘(C) SCOPE OF REVIEW.—In carrying out a review under
subparagraph (B), a State educational agency shall only
review the administrative processes of a selected local edu-
cational 
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 local educational
agency fails to meet performance criteria established by
the Secretary, the State educational agency shall—
‘‘(i) require the selected local educational agency
to develop and carry out an approved plan of corrective
action;
‘‘(ii) except to the extent technical assistance is
provided directly by the Secretary, provide technical
assistance to assist the selected local educational
agency in carrying out the corrective action plan; and
‘‘(iii) conduct a followup review of the selected local
educational agency under standards established by the
Secretary.
‘‘(4) RETAINING FUNDS AFTER ADMINISTRATIVE REVIEWS.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), if the local educational agency fails to meet administra-
tive performance criteria established by the Secretary in
both an initial review and a followup review under para-
graph (1) or (3) or subsection (a), the Secretary may require
the State educational agency to retain funds that would
otherwise be paid to the local educational agency for school
meals programs under procedures prescribed by the Sec-
retary.
‘‘(B) AMOUNT.—The amount of funds retained under
subparagraph (A) shall equal the value of any overpayment
made to the local educational agency or school food
authority as a result of an erroneous claim during the
time period described in subparagraph (C).
‘‘(C) TIME
PERIOD.—The period for determining the
value of any overpayment under subparagraph (B) shall
be the period—
‘‘(i) beginning on the date the erroneous claim
was made; and
‘‘(ii) ending on the earlier of the date the erroneous
claim is corrected or—
‘‘(I) in the case of the first followup review
conducted by the State educational agency of the
local educational agency under this section after
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PUBLIC LAW 108–265—JUNE 30, 2004
July 1, 2005, the date that is 60 days after the
beginning of the period under clause (i); or
‘‘(II) in the case of any subsequent followup
review conducted by the State educational agency
of the local educational agency under this section,
the date that is 90 days after the beginning of
the period under clause (i).
‘‘(5) USE OF RETAINED FUNDS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), funds
retained under paragraph (4) shall—
‘‘(i) be returned to the Secretary, and may be
used—
‘‘(I) to provide training and technical assist-
ance related to administrative practices designed
to improve program integrity and administrative
accuracy in school meals programs to State edu-
cational agencies and, to the extent determined
by the Secretary, to local educational agencies and
school food authorities;
‘‘(II) to assist State educational agencies in
reviewing the administrative practices of local edu-
cational agencies in carrying out school meals pro-
grams; and
‘‘(III) to carry out section 21(f); or
‘‘(ii) be credited to the child nutrition programs
appropriation account.
‘‘(B) STATE SHARE.—A State educational agency may
retain not more than 25 percent of an amount recovered
under paragraph (4), to carry out school meals program
integrity initiatives to assist local educational agencies and
school food authorities that have repeatedly failed, as deter-
mined by the Secretary, to meet administrative perform-
ance criteria.
‘‘(C) REQUIREMENT.—To be eligible to retain funds
under subparagraph (B), a State educational agency shall—
‘‘(i) submit to the Secretary a plan describing how
the State educational agency will use the funds to
improve school meals program integrity, including
measures to give priority to local educational agencies
from which funds were retained under paragraph (4);
‘‘(ii) consider using individuals who administer
exemplary local food service programs in the provision
of training and technical assistance; and
‘‘(iii) obtain the approval of the Secretary for the
plan.’’.
(2) INTERPRETATION.—Nothing in the amendment made by
paragraph (1) affects the requirements for fiscal actions as
described in the regulations issued pursuant to section 22(a)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769c(a)).
(c) TRAINING AND TECHNICAL ASSISTANCE.—Section 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
FOR USE
OF ADMINISTRATIVE EXPENSE FUNDS.—
‘‘(1) IN GENERAL.—Each’’; and
42 USC 1769c
note.
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(B) by striking ‘‘After submitting’’ and all that follows
through ‘‘change in the plan.’’ and inserting the following:
‘‘(2) UPDATES AND INFORMATION MANAGEMENT SYSTEMS.—
‘‘(A) IN GENERAL.—After submitting the initial plan,
a State shall be required to submit to the Secretary for
approval only a substantive change in the plan.
‘‘(B) PLAN CONTENTS.—Each State plan shall, at a min-
imum, include a description of how technology and informa-
tion management systems will be used to improve program
integrity by—
‘‘(i) monitoring the nutrient content of meals
served;
‘‘(ii) training local educational agencies, school food
authorities, and schools in how to use technology and
information management systems (including verifying
eligibility for free or reduced price meals using program
participation or income data gathered by State or local
agencies); and
‘‘(iii) using electronic data to establish benchmarks
to compare and monitor program integrity, program
participation, and financial data.
‘‘(3) TRAINING
AND
TECHNICAL
ASSISTANCE.—Each State
shall submit to the Secretary for approval a plan describing
the manner in which the State intends to implement subsection
(g) and section 22(b)(3) of the Richard B. Russell National
School Lunch Act.’’;
(2) by redesignating subsection (g) as subsection (j); and
(3) by inserting after subsection (f) the following:
‘‘(g) STATE TRAINING.—
‘‘(1) IN GENERAL.—At least annually, each State shall pro-
vide training in administrative practices (including training
in application, certification, verification, meal counting, and
meal claiming procedures) to local educational agency and
school food authority administrative personnel and other appro-
priate personnel, with emphasis on the requirements estab-
lished by the Child Nutrition and WIC Reauthorization Act
of 2004 and the amendments made by that Act.
‘‘(2) FEDERAL ROLE.—The Secretary shall—
‘‘(A) provide training and technical assistance to a
State; or
‘‘(B) at the option of the Secretary, directly provide
training and technical assistance described in paragraph
(1).
‘‘(3) REQUIRED PARTICIPATION.—In accordance with proce-
dures established by the Secretary, each local educational
agency or school food authority shall ensure that an individual
conducting or overseeing administrative procedures described
in paragraph (1) receives training at least annually, unless
determined otherwise by the Secretary.
‘‘(h) FUNDING FOR TRAINING AND ADMINISTRATIVE REVIEWS.—
‘‘(1) FUNDING.—
‘‘(A) IN GENERAL.—On October 1, 2004, and on each
October 1 thereafter, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary of Agriculture to carry out
this subsection $4,000,000, to remain available until
expended.
Effective date.
Procedures.
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‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this subsection the funds transferred under subpara-
graph (A), without further appropriation.
‘‘(2) USE OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary shall use funds provided under this
subsection to assist States in carrying out subsection (g)
and administrative reviews of selected local educational
agencies carried out under section 22 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769c).
‘‘(B) EXCEPTION.—The Secretary may retain a portion
of the amount provided to cover costs of activities carried
out by the Secretary in lieu of the State.
‘‘(3) ALLOCATION.—The Secretary shall allocate funds pro-
vided under this subsection to States based on the number
of local educational agencies that have demonstrated a high
level of, or a high risk for, administrative error, as determined
by the Secretary, taking into account the requirements estab-
lished by the Child Nutrition and WIC Reauthorization Act
of 2004 and the amendments made by that Act.
‘‘(4) REALLOCATION.—The Secretary may reallocate, to carry
out this section, any amounts made available to carry out
this subsection that are not obligated or expended, as deter-
mined by the Secretary.’’.
SEC. 127. 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 ‘‘$3,000,000 for
each of the fiscal years 1994 through 2003’’ and inserting
‘‘$6,000,000 for each of fiscal years 2004 through 2009’’.
SEC. 128. INFORMATION CLEARINGHOUSE.
Section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended in the first sentence—
(1) by striking ‘‘1998, and’’ and inserting ‘‘1998,’’; and
(2) by striking ‘‘through 2003’’ and inserting ‘‘through 2004,
and $250,000 for each of fiscal years 2005 through 2009’’.
SEC. 129. PROGRAM EVALUATION.
The Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) is amended by adding at the end the following:
‘‘SEC. 28. PROGRAM EVALUATION.
‘‘(a) PERFORMANCE ASSESSMENTS.—
‘‘(1) IN GENERAL.—Subject to the availability of funds made
available under paragraph (3), the Secretary, acting through
the Administrator of the Food and Nutrition Service, may con-
duct annual national performance assessments of the meal
programs under this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.).
‘‘(2) COMPONENTS.—In conducting an assessment, the Sec-
retary may assess—
‘‘(A) the cost of producing meals and meal supplements
under the programs described in paragraph (1); and
‘‘(B) the nutrient profile of meals, and status of menu
planning practices, under the programs.
42 USC 1769i.
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‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $5,000,000
for fiscal year 2004 and each subsequent fiscal year.
‘‘(b) CERTIFICATION IMPROVEMENTS.—
‘‘(1) IN GENERAL.—Subject to the availability of funds made
available under paragraph (5), the Secretary, acting through
the Administrator of the Food and Nutrition Service, shall
conduct a study of the feasibility of improving the certification
process used for the school lunch program established under
this Act.
‘‘(2) PILOT PROJECTS.—In carrying out this subsection, the
Secretary may conduct pilot projects to improve the certification
process used for the school lunch program.
‘‘(3) COMPONENTS.—In carrying out this subsection, the
Secretary shall examine the use of—
‘‘(A) other income reporting systems;
‘‘(B) an integrated benefit eligibility determination
process managed by a single agency;
‘‘(C) income or program participation data gathered
by State or local agencies; and
‘‘(D) other options determined by the Secretary.
‘‘(4) WAIVERS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary may waive such provisions of this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) as
are necessary to carry out this subsection.
‘‘(B) PROVISIONS.—The protections of section 9(b)(6)
shall apply to any study or pilot project carried out under
this subsection.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection such sums
as are necessary.’’.
TITLE II—AMENDMENTS TO CHILD
NUTRITION ACT OF 1966
SEC. 201. SEVERE NEED ASSISTANCE.
Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
is amended by striking subsection (d) and inserting the following:
‘‘(d) SEVERE NEED ASSISTANCE.—
‘‘(1) IN GENERAL.—Each State educational agency shall pro-
vide additional assistance to schools in severe need, which
shall include only those schools (having a breakfast program
or desiring to initiate a breakfast program) in which—
‘‘(A) during the most recent second preceding school
year for which lunches were served, 40 percent or more
of the lunches served to students at the school were served
free or at a reduced price; or
‘‘(B) in the case of a school in which lunches were
not served during the most recent second preceding school
year, the Secretary otherwise determines that the require-
ments of subparagraph (A) would have been met.
‘‘(2) ADDITIONAL ASSISTANCE.—A school, on the submission
of appropriate documentation about the need circumstances
in that school and the eligibility of the school for additional
Applicability.
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assistance, shall be entitled to receive the meal reimbursement
rate specified in subsection (b)(2).’’.
SEC. 202. STATE ADMINISTRATIVE EXPENSES.
(a) MINIMUM STATE ADMINISTRATIVE EXPENSE GRANTS.—Sec-
tion 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) is
amended—
(1) by striking the section heading and all that follows
through ‘‘(a)(1) Each’’ and inserting the following:
‘‘SEC. 7. STATE ADMINISTRATIVE EXPENSES.
‘‘(a) AMOUNT AND ALLOCATION OF FUNDS.—
‘‘(1) AMOUNT AVAILABLE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), each’’;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) by inserting after the first sentence the fol-
lowing:
‘‘(B) MINIMUM AMOUNT.—In the case of each of fiscal
years 2005 through 2007, the Secretary shall make avail-
able to each State for administrative costs not less than
the initial allocation made to the State under this sub-
section for fiscal year 2004.’’;
(ii) by striking ‘‘The Secretary’’ and inserting the
following:
‘‘(C) ALLOCATION.—The Secretary’’; and
(iii) by striking the last sentence; and
(B) in paragraph (2)—
(i) by striking ‘‘(2) The’’ and inserting the following:
‘‘(2) EXPENSE GRANTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the’’;
(ii) in the second sentence—
(I) by striking ‘‘In no case’’ and inserting the
following:
‘‘(B) MINIMUM AMOUNT.—
‘‘(i) IN GENERAL.—In no case’’;
(II) by striking ‘‘this subsection’’ and inserting
‘‘this paragraph’’; and
(III) by striking ‘‘$100,000’’ and inserting
‘‘$200,000 (as adjusted under clause (ii)’’; and
(iii) by adding at the end the following:
‘‘(ii) ADJUSTMENT.—On October 1, 2008, and each
October 1 thereafter, the minimum dollar amount for
a fiscal year specified in clause (i) shall be adjusted
to reflect the percentage change between—
‘‘(I) the value of the index for State and local
government purchases, as published by the Bureau
of Economic Analysis of the Department of Com-
merce, for the 12-month period ending June 30
of the second preceding fiscal year; and
‘‘(II) the value of that index for the 12-month
period ending June 30 of the preceding fiscal
year.’’.
(b) TECHNOLOGY INFRASTRUCTURE IMPROVEMENT.—Section 7 of
the Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended by
inserting after subsection (h) (as added by section 126(c)(3)) the
following:
Effective date.
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‘‘(i) TECHNOLOGY INFRASTRUCTURE IMPROVEMENT.—
‘‘(1) IN GENERAL.—Each State shall submit to the Secretary,
for approval by the Secretary, an amendment to the plan
required by subsection (e) that describes the manner in which
funds provided under this section will be used for technology
and information management systems.
‘‘(2) REQUIREMENTS.—The amendment shall, at a minimum,
describe the manner in which the State will improve program
integrity by—
‘‘(A) monitoring the nutrient content of meals served;
‘‘(B) providing training to local educational agencies,
school food authorities, and schools on the use of technology
and information management systems for activities
including—
‘‘(i) menu planning;
‘‘(ii) collection of point-of-sale data; and
‘‘(iii) the processing of applications for free and
reduced price meals; and
‘‘(C) using electronic data to establish benchmarks to
compare and monitor program integrity, program participa-
tion, and financial data across schools and school food
authorities.
‘‘(3) TECHNOLOGY INFRASTRUCTURE GRANTS.—
‘‘(A) IN GENERAL.—Subject to the availability of funds
made available under paragraph (4) to carry out this para-
graph, the Secretary shall, on a competitive basis, provide
funds to States to be used to provide grants to local edu-
cational agencies, school food authorities, and schools to
defray the cost of purchasing or upgrading technology and
information management systems for use in programs
authorized by this Act (other than section 17) and the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.).
‘‘(B) INFRASTRUCTURE
DEVELOPMENT
PLAN.—To be
eligible to receive a grant under this paragraph, a school
or school food authority shall submit to the State a plan
to purchase or upgrade technology and information
management systems that addresses potential cost savings
and methods to improve program integrity, including—
‘‘(i) processing and verification of applications for
free and reduced price meals;
‘‘(ii) integration of menu planning, production, and
serving data to monitor compliance with section 9(f)(1)
of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(f)(1)); and
‘‘(iii) compatibility with statewide reporting sys-
tems.
‘‘(4) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2005 through
2009, to remain available until expended.’’.
(c) REAUTHORIZATION.—Subsection (j) of section 7 of the Child
Nutrition Act of 1966 (42 U.S.C. 1776) (as redesignated by section
126(c)(2)) is amended by striking ‘‘2003’’ and inserting ‘‘2009’’.
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SEC. 203. SPECIAL 
SUPPLEMENTAL 
NUTRITION 
PROGRAM 
FOR
WOMEN, INFANTS, AND CHILDREN.
(a) DEFINITIONS.—
(1) NUTRITION
EDUCATION.—Section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by striking
paragraph (7) and inserting the following:
‘‘(7) NUTRITION EDUCATION.—The term ‘nutrition education’
means individual and group sessions and the provision of mate-
rial that are designed to improve health status and achieve
positive change in dietary and physical activity habits, and
that emphasize the relationship between nutrition, physical
activity, and health, all in keeping with the personal and cul-
tural preferences of the individual.’’.
(2) SUPPLEMENTAL FOODS.—Section 17(b)(14) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)(14)) is amended in
the first sentence by inserting after ‘‘children’’ the following:
‘‘and foods that promote the health of the population served
by the program authorized by this section, as indicated by
relevant nutrition science, public health concerns, and cultural
eating patterns’’.
(3) OTHER TERMS.—Section 17(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(b)) is amended by adding at the
end the following:
‘‘(22) PRIMARY CONTRACT INFANT FORMULA.—The term ‘pri-
mary contract infant formula’ means the specific infant formula
for which manufacturers submit a bid to a State agency in
response to a rebate solicitation under this section and for
which a contract is awarded by the State agency as a result
of that bid.
‘‘(23) STATE ALLIANCE.—The term ‘State alliance’ means
2 or more State agencies that join together for the purpose
of procuring infant formula under the program by soliciting
competitive bids for infant formula.’’.
(b) ELIGIBILITY.—
(1) CERTIFICATION PERIOD.—Section 17(d)(3) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended—
(A) by striking ‘‘(3)(A) Persons’’ and inserting the fol-
lowing:
‘‘(3) CERTIFICATION.—
‘‘(A) PROCEDURES.—
‘‘(i) IN GENERAL.—Subject to clause (ii), a person’’;
and
(B) by adding at the end of subparagraph (A) the
following:
‘‘(ii) BREASTFEEDING WOMEN.—A State may elect
to certify a breastfeeding woman for a period of 1
year postpartum or until a woman discontinues
breastfeeding, whichever is earlier.’’.
(2) PHYSICAL PRESENCE.—Section 17(d)(3)(C)(ii) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(ii)) is amended—
(A) in subclause (I)(bb), by striking ‘‘from a provider
other than the local agency; or’’ and inserting a semicolon;
(B) in subclause (II), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(III) an infant under 8 weeks of age—
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‘‘(aa) who cannot be present at certifi-
cation for a reason determined appropriate by
the local agency; and
‘‘(bb) for whom all necessary certification
information is provided.’’.
(c) ADMINISTRATION.—
(1) 
PROCESSING
VENDOR
APPLICATIONS; 
PARTICIPANT
ACCESS.—Section 17(f)(1)(C) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(f)(1)(C)) is amended—
(A) in clause (i) by inserting ‘‘at any of the authorized
retail stores under the program’’ after ‘‘the program’’;
(B) by redesignating clauses (ii) through (x) as clauses
(iii) through (xi), respectively; and
(C) by inserting after clause (i) the following:
‘‘(ii) procedures for accepting and processing vendor applica-
tions outside of the established timeframes if the State agency
determines there will be inadequate access to the program,
including in a case in which a previously authorized vendor
sells a store under circumstances that do not permit timely
notification to the State agency of the change in ownership;’’.
(2) ALLOWABLE USE OF FUNDS.—
(A) IN GENERAL.—Section 17(f)(11) of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1786(f)(11) is amended—
(i) by striking ‘‘(11) The Secretary’’ and inserting
the following:
‘‘(11) SUPPLEMENTAL FOODS.—
‘‘(A) IN GENERAL.—The Secretary’’;
(ii) in the second sentence, by striking ‘‘To the
degree’’ and inserting the following:
‘‘(B) APPROPRIATE CONTENT.—To the degree’’; and
(iii) by adding at the end the following:
‘‘(C) ALLOWABLE USE OF FUNDS.—Subject to the avail-
ability of funds, the Secretary shall award grants to not
more than 10 local sites determined by the Secretary to
be geographically and culturally representative of State,
local, and Indian agencies, to evaluate the feasibility of
including fresh, frozen, or canned fruits and vegetables
(to be made available through private funds) as an addition
to the supplemental foods prescribed under this section.
‘‘(D) REVIEW
OF
AVAILABLE
SUPPLEMENTAL
FOODS.—
As frequently as determined by the Secretary to be nec-
essary to reflect the most recent scientific knowledge, the
Secretary shall—
‘‘(i) conduct a scientific review of the supplemental
foods available under the program; and
‘‘(ii) amend the supplemental foods available, as
necessary, to reflect nutrition science, public health
concerns, and cultural eating patterns.’’.
(B) RULEMAKING.—Not later than 18 months after the
date of receiving the review initiated by the National
Academy of Sciences, Institute of Medicine in September
2003 of the supplemental foods available for 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. 1786), the Secretary shall promul-
gate a final rule updating the prescribed supplemental
foods available through the program.
Deadline.
42 USC 1786
note.
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(3) USE OF CLAIMS FROM LOCAL AGENCIES.—Section 17(f)(21)
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(21)) is
amended—
(A) in the paragraph heading, by striking ‘‘VENDORS’’
and inserting ‘‘LOCAL AGENCIES, VENDORS,’’; and
(B) by striking ‘‘vendors’’ and inserting ‘‘local agencies,
vendors,’’.
(4) INFANT FORMULA BENEFITS.—
(A) IN GENERAL.—Section 17(f) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(f)) is amended by adding at
the end the following:
‘‘(25) INFANT
FORMULA
BENEFITS.—A State agency may
round up to the next whole can of infant formula to allow
all participants under the program to receive the full-authorized
nutritional benefit specified by regulation.’’.
(B) APPLICABILITY.—The amendment made by subpara-
graph (A) applies to infant formula provided under a con-
tract resulting from a bid solicitation issued on or after
October 1, 2004.
(5) NOTIFICATION OF VIOLATIONS.—Section 17(f) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(f)) (as amended by para-
graph (4)) is amended by adding at the end the following:
‘‘(26) 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 penalty or 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 vendor would
compromise an investigation.’’.
(d) REAUTHORIZATION OF WIC PROGRAM.—Section 17(g) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(g)) is amended by
striking ‘‘(g)(1)’’ and all that follows through ‘‘As authorized’’ in
paragraph (1) and inserting the following:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORIZATION.—There are authorized to be
appropriated to carry out this section such sums as are
necessary for each of fiscal years 2004 through 2009.
‘‘(B) 
ADVANCE
APPROPRIATIONS; 
AVAILABILITY.—As
authorized’’.
(e) NUTRITION SERVICES AND ADMINISTRATION FUNDS; COMPETI-
TIVE BIDDING; RETAILERS.—
(1) IN GENERAL.—Section 17(h)(2)(A) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(h)(2)(A)) is amended by striking
‘‘For each of the fiscal years 1995 through 2003, the’’ and
inserting ‘‘The’’.
(2) HEALTHY PEOPLE 2010 INITIATIVE.—Section 17(h)(4) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(4)) is
amended—
(A) in subparagraph (D), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(F) partner with communities, State and local agen-
cies, employers, health care professionals, and other enti-
ties in the private sector to build a supportive breastfeeding
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118 STAT. 774
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environment for women participating in the program under
this section to support the breastfeeding goals of the
Healthy People 2010 initiative.’’.
(3) SIZE OF STATE ALLIANCES.—Section 17(h)(8)(A) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is
amended by adding at the end the following:
‘‘(iv) SIZE OF STATE ALLIANCES.—
‘‘(I) IN GENERAL.—Except as provided in sub-
clauses (II) through (IV), no State alliance may
exist among States if the total number of infants
served by States participating in the alliance as
of October 1, 2003, or such subsequent date deter-
mined by the Secretary for which data is available,
would exceed 100,000.
‘‘(II) ADDITION OF INFANT PARTICIPANTS.—In
the case of a State alliance that exists on the
date of enactment of this clause, the alliance may
continue and may expand to serve more than
100,000 infants but, except as provided in sub-
clause (III), may not expand to include any addi-
tional State agency.
‘‘(III) ADDITION OF SMALL STATE AGENCIES AND
INDIAN STATE AGENCIES.—Any State alliance may
expand to include any State agency that served
less than 5,000 infant participants as of October
1, 2003, or such subsequent date determined by
the Secretary for which data is available, or any
Indian State agency, if the State agency or Indian
State agency requests to join the State alliance.
‘‘(IV) SECRETARIAL
WAIVER.—The Secretary
may waive the requirements of this clause not
earlier than 30 days after submitting to the Com-
mittee on Education and the Workforce of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate
a written report that describes the cost-contain-
ment and competitive benefits of the proposed
waiver.’’.
(4) PRIMARY CONTRACT INFANT FORMULA.—
(A) IN
GENERAL.—Section 17(h)(8)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(8)(A)) (as amended
by paragraph (3)) is amended—
(i) in clause (ii)(I), by striking ‘‘contract brand of’’
and inserting ‘‘primary contract’’;
(ii) in clause (iii), by inserting ‘‘for a specific infant
formula for which manufacturers submit a bid’’ after
‘‘lowest net price’’; and
(iii) by adding at the end the following:
‘‘(v) FIRST CHOICE OF ISSUANCE.—The State agency
shall use the primary contract infant formula as the
first choice of issuance (by formula type), with all other
infant formulas issued as an alternative to the primary
contract infant formula.’’.
(B) 
APPLICABILITY.—The 
amendments 
made 
by
subparagraph (A) apply to a contract resulting from a
bid solicitation issued on or after October 1, 2004.
42 USC 1786
note.
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(5) REBATE
INVOICES.—Section 17(h)(8)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as amended
by paragraph (4)(A)(iii)) is amended by adding at the end
the following:
‘‘(vi) REBATE INVOICES.—Each State agency shall
have a system to ensure that infant formula rebate
invoices, under competitive bidding, provide a reason-
able estimate or an actual count of the number of
units sold to participants in the program under this
section.’’.
(6) UNCOUPLING MILK AND SOY BIDS.—
(A) IN
GENERAL.—Section 17(h)(8)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as amended
by paragraph (5)) is amended by adding at the end the
following:
‘‘(vii) SEPARATE SOLICITATIONS.—In soliciting bids
for infant formula under a competitive bidding system,
any State agency, or State alliance, that served under
the program a monthly average of more than 100,000
infants during the preceding 12-month period shall
solicit bids from infant formula manufacturers under
procedures that require that bids for rebates or dis-
counts are solicited for milk-based and soy-based infant
formula separately.’’.
(B) APPLICABILITY.—The amendment made by this
paragraph applies to a bid solicitation issued on or after
October 1, 2004.
(7) CENT-FOR-CENT ADJUSTMENTS.—
(A) IN
GENERAL.—Section 17(h)(8)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as amended
by paragraph (6)(A)) is amended by adding at the end
the following:
‘‘(viii) CENT-FOR-CENT ADJUSTMENTS.—A bid solici-
tation for infant formula under the program shall
require the manufacturer to adjust for price changes
subsequent 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 increase in the lowest
national wholesale price for a full truckload of
the particular infant formula; and
‘‘(II) a cent-for-cent decrease in the rebate
amounts if there is a decrease in the lowest
national wholesale price for a full truckload of
the particular infant formula.’’.
(B) CONFORMING AMENDMENT.—Section 17(h)(8)(A)(ii)
of 
the 
Child 
Nutrition 
Act 
of 
1966 
(42 
U.S.C.
1786(h)(8)(A)(ii)) is amended by striking ‘‘rise’’ and
inserting ‘‘change’’.
(C) APPLICABILITY.—The amendments made by this
paragraph apply to a bid solicitation issued on or after
October 1, 2004.
(8) LIST OF INFANT FORMULA WHOLESALERS, DISTRIBUTORS,
RETAILERS, AND
MANUFACTURERS.—Section 17(h)(8)(A) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as
amended by paragraph (7)(A)) is amended by adding at the
end the following:
42 USC 1786
note.
42 USC 1786
note.
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PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(ix) LIST
OF
INFANT
FORMULA
WHOLESALERS,
DISTRIBUTORS, RETAILERS, AND MANUFACTURERS.—The
State agency shall maintain a list of—
‘‘(I) infant formula wholesalers, distributors,
and retailers licensed in the State in accordance
with State law (including regulations); and
‘‘(II) infant formula manufacturers registered
with the Food and Drug Administration that pro-
vide infant formula.
‘‘(x) PURCHASE REQUIREMENT.—A vendor author-
ized to participate in the program under this section
shall only purchase infant formula from the list
described in clause (ix).’’.
(9) FUNDS FOR INFRASTRUCTURE, MANAGEMENT INFORMA-
TION
SYSTEMS, AND
SPECIAL
NUTRITION
EDUCATION.—Section
17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h))
is amended by striking paragraph (10) and inserting the fol-
lowing:
‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGEMENT INFORMA-
TION SYSTEMS, AND SPECIAL NUTRITION EDUCATION.—
‘‘(A) IN
GENERAL.—For each of fiscal years 2006
through 2009, the Secretary shall use for the purposes
specified in subparagraph (B), $64,000,000 or the amount
of nutrition services and administration funds and supple-
mental food funds for the prior fiscal year that have not
been obligated, whichever is less.
‘‘(B) PURPOSES.—Of the amount made available under
subparagraph (A) for a fiscal year, not more than—
‘‘(i) $14,000,000 shall be used for—
‘‘(I) infrastructure for the program under this
section;
‘‘(II) special projects to promote breastfeeding,
including projects to assess the effectiveness of
particular breastfeeding promotion strategies; and
‘‘(III) special State projects of regional or
national significance to improve the services of
the program;
‘‘(ii) $30,000,000 shall be used to establish,
improve, or administer management information sys-
tems for the program, including changes necessary to
meet new legislative or regulatory requirements of the
program; and
‘‘(iii) $20,000,000 shall be used for special nutrition
education such as breast feeding peer counselors and
other related activities.
‘‘(C) PROPORTIONAL DISTRIBUTION.—In a case in which
less than $64,000,000 is available to carry out this para-
graph, the Secretary shall make a proportional distribution
of funds allocated under subparagraph (B).’’.
(10) VENDOR COST CONTAINMENT.—
(A) Section 17(h) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(h)) is amended by striking paragraph (11)
and inserting the following:
‘‘(11) VENDOR COST CONTAINMENT.—
‘‘(A) PEER GROUPS.—
‘‘(i) IN GENERAL.—The State agency shall—
‘‘(I) establish a vendor peer group system;
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118 STAT. 777
PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(II) in accordance with subparagraphs (B) and
(C), establish competitive price criteria and allow-
able reimbursement levels for each vendor peer
group; and
‘‘(III) if the State agency elects to authorize
any types of vendors described in subparagraph
(D)(ii)(I)—
‘‘(aa) 
distinguish 
between 
vendors
described in subparagraph (D)(ii)(I) and other
vendors by establishing—
‘‘(AA) separate peer groups for ven-
dors 
described 
in 
subparagraph
(D)(ii)(I);or
‘‘(BB) distinct competitive price cri-
teria and allowable reimbursement levels
for vendors described in subparagraph
(D)(ii)(I) within a peer group that contains
both vendors described in subparagraph
(D)(ii)(I) and other vendors; and
‘‘(bb) establish competitive price criteria
and allowable reimbursement levels that
comply with subparagraphs (B) and (C),
respectively, and that do not result in higher
food costs if program participants redeem
supplemental 
food 
vouchers 
at 
vendors
described in subparagraph (D)(ii)(I) rather
than at vendors other than vendors described
in subparagraph (D)(ii)(I).
Nothing in this paragraph shall be construed to compel a State
agency to achieve lower food costs if program participants
redeem supplemental food vouchers at vendors described in
subparagraph (D)(ii)(I) rather than at vendors other than ven-
dors described in subparagraph (D)(ii)(I).
‘‘(ii) EXEMPTIONS.—The Secretary may exempt
from the requirements of clause (i)—
‘‘(I) a State agency that elects not to authorize
any types of vendors described in subparagraph
(D)(ii)(I) and that demonstrates to the Secretary
that—
‘‘(aa) compliance with clause (i) would be
inconsistent with efficient and effective oper-
ation of the program administered by the State
under this section; or
‘‘(bb) 
an 
alternative 
cost-containment
system would be as effective as a vendor peer
group system; or
‘‘(II) a State agency—
‘‘(aa) in which the sale of supplemental
foods that are obtained with food instruments
from vendors described in subparagraph
(D)(ii)(I) constituted less than 5 percent of
total sales of supplemental foods that were
obtained with food instruments in the State
in the year preceding a year in which the
exemption is effective; and
‘‘(bb) that demonstrates to the Secretary
that an alternative cost-containment system
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118 STAT. 778
PUBLIC LAW 108–265—JUNE 30, 2004
would be as effective as the vendor peer group
system and would not result in higher food
costs if program participants redeem supple-
mental food vouchers at vendors described in
subparagraph (D)(ii)(I) rather than at vendors
other than vendors described in subparagraph
(D)(ii)(I).
‘‘(B) COMPETITIVE PRICING.—
‘‘(i) IN GENERAL.—The State agency shall establish
competitive price criteria for each peer group for the
selection of vendors for participation in the program
that—
‘‘(I) ensure that the retail prices charged by
vendor applicants for the program are competitive
with the prices charged by other vendors; and
‘‘(II) consider—
‘‘(aa) the shelf prices of the vendor for
all buyers; or
‘‘(bb) the prices that the vendor bid for
supplemental foods, which shall not exceed
the shelf prices of the vendor for all buyers.
‘‘(ii) 
PARTICIPANT
ACCESS.—In 
establishing
competitive price criteria, the State agency shall con-
sider participant access by geographic area.
‘‘(iii) SUBSEQUENT
PRICE
INCREASES.—The State
agency shall establish procedures to ensure that a
retail store selected for participation in the program
does not, subsequent to selection, increase prices to
levels that would make the store ineligible for selection
to participate in the program.
‘‘(C) ALLOWABLE REIMBURSEMENT LEVELS.—
‘‘(i) IN GENERAL.—The State agency shall establish
allowable reimbursement levels for supplemental foods
for each vendor peer group that ensure—
‘‘(I) that payments to vendors in the vendor
peer group reflect competitive retail prices; and
‘‘(II) that the State agency does not reimburse
a vendor for supplemental foods at a level that
would make the vendor ineligible for authorization
under the criteria established under subparagraph
(B).
‘‘(ii) 
PRICE
FLUCTUATIONS.—The 
allowable
reimbursement levels may include a factor to reflect
fluctuations in wholesale prices.
‘‘(iii) PARTICIPANT ACCESS.—In establishing allow-
able reimbursement levels, the State agency shall con-
sider participant access in a geographic area.
‘‘(D) EXEMPTIONS.—The State agency may exempt from
competitive price criteria and allowable reimbursement
levels established under this paragraph—
‘‘(i) pharmacy vendors that supply only exempt
infant formula or medical foods that are eligible under
the program; and
‘‘(ii) vendors—
‘‘(I)(aa) for which more than 50 percent of
the annual revenue of the vendor from the sale
of food items consists of revenue from the sale
Procedures.
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118 STAT. 779
PUBLIC LAW 108–265—JUNE 30, 2004
of supplemental foods that are obtained with food
instruments; or
‘‘(bb) who are new applicants likely to meet
the criteria of item (aa) under criteria approved
by the Secretary; and
‘‘(II) that are nonprofit.
‘‘(E) COST CONTAINMENT.—If a State agency elects to
authorize any types of vendors described in subparagraph
(D)(ii)(I), the State agency shall demonstrate to the Sec-
retary, and the Secretary shall certify, that the competitive
price criteria and allowable reimbursement levels estab-
lished under this paragraph for vendors described in
subparagraph (D)(ii)(I) do not result in average payments
per voucher to vendors described in subparagraph (D)(ii)(I)
that are higher than average payments per voucher to
comparable vendors other than vendors described in
subparagraph (D)(ii)(I).
‘‘(F) LIMITATION
ON
PRIVATE
RIGHTS
OF
ACTION.—
Nothing in this paragraph may be construed as creating
a private right of action.
‘‘(G) IMPLEMENTATION.—A State agency shall comply
with this paragraph not later than 18 months after the
date of enactment of this paragraph.’’.
(B) CONFORMING AMENDMENT.—Section 17(f)(1)(C)(i) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(i))
is amended by inserting before the semicolon the following:
‘‘, including a description of the State agency’s vendor peer
group system, competitive price criteria, and allowable
reimbursement levels that demonstrate that the State is
in compliance with the cost-containment provisions in sub-
section (h)(11).’’.
(11) IMPOSITION OF COSTS ON RETAIL STORES.—Section 17(h)
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is
amended by striking paragraph (12) and inserting the following:
‘‘(12) IMPOSITION OF COSTS ON RETAIL STORES.—The Sec-
retary may not impose, or allow a State agency to impose,
the costs of any equipment, system, or processing required
for electronic benefit transfers on any retail store authorized
to transact food instruments, as a condition for authorization
or participation in the program.’’.
(12) UNIVERSAL PRODUCT CODES DATABASE.—Section 17(h)
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) (as
amended by paragraph (11)) is amended by adding at the
end the following:
‘‘(13) UNIVERSAL PRODUCT CODES DATABASE.—The Secretary
shall—
‘‘(A) establish a national universal product code data-
base for use by all State agencies in carrying out the
program; and
‘‘(B) make available from appropriated funds such sums
as are required for hosting, hardware and software configu-
ration, and support of the database.’’.
(13) INCENTIVE ITEMS.—Section 17(h) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(h)) (as amended by paragraph
(12)) is amended by adding at the end the following:
‘‘(14) INCENTIVE ITEMS.—A State agency shall not authorize
or make payments to a vendor described in paragraph
Deadline.
Certification.
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118 STAT. 780
PUBLIC LAW 108–265—JUNE 30, 2004
(11)(D)(ii)(I) that provides incentive items or other free mer-
chandise, except food or merchandise of nominal value (as
determined by the Secretary), to program participants unless
the vendor provides to the State agency proof that the vendor
obtained the incentive items or merchandise at no cost.’’.
(f) SPEND FORWARD AUTHORITY.—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’’.
(g) MIGRANT AND COMMUNITY HEALTH CENTERS INITIATIVE.—
Section 17(j) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(j))
is amended—
(1) by striking paragraph (4); and
(2) by redesignating paragraph (5) as paragraph (4).
(h) FARMERS’ MARKET NUTRITION PROGRAM.—
(1) ROADSIDE STANDS.—Section 17(m)(1) of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1786(m)(1)) is amended by inserting
‘‘and (at the option of a State) roadside stands’’ after ‘‘farmers’
markets’’.
(2) MATCHING FUNDS.—Section 17(m)(3) of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1786(m)(3)) is amended by striking
‘‘total’’ both places it appears and inserting ‘‘administrative’’.
(3) BENEFIT VALUE.—Section 17(m)(5)(C)(ii) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)(5)(C)(ii)) is amended
by striking ‘‘$20’’ and inserting ‘‘$30’’.
(4) REAUTHORIZATION.—Section 17(m)(9)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)(9)(A)) is amended
by striking clause (i) and inserting the following:
‘‘(i) AUTHORIZATION
OF
APPROPRIATIONS.—There
are authorized to be appropriated to carry out this
subsection such sums as are necessary for each of
fiscal years 2004 through 2009.’’.
(i) DEMONSTRATION PROJECT RELATING TO USE OF WIC PRO-
GRAM FOR IDENTIFICATION AND ENROLLMENT OF CHILDREN IN CER-
TAIN HEALTH PROGRAMS.—
(1) IN GENERAL.—Section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786) is amended by striking subsection
(r).
(2) CONFORMING AMENDMENT.—Section 12 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1760) is
amended by striking subsection (p).
SEC. 204. LOCAL WELLNESS POLICY.
(a) IN GENERAL.—Not later than the first day of the school
year beginning after June 30, 2006, each local educational agency
participating in a program authorized by the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish a
local school wellness policy for schools under the local educational
agency that, at a minimum—
(1) includes goals for nutrition education, physical activity,
and other school-based activities that are designed to promote
student wellness in a manner that the local educational agency
determines is appropriate;
(2) includes nutrition guidelines selected by the local edu-
cational agency for all foods available on each school campus
under the local educational agency during the school day with
42 USC 1751
note.
Deadline.
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118 STAT. 781
PUBLIC LAW 108–265—JUNE 30, 2004
the objectives of promoting student health and reducing child-
hood obesity;
(3) provides an assurance that guidelines for reimbursable
school meals shall not be less restrictive than regulations and
guidance issued by the Secretary of Agriculture pursuant to
subsections (a) and (b) of section 10 of the Child Nutrition
Act (42 U.S.C. 1779) and sections 9(f)(1) and 17(a) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1758(f)(1), 1766(a)), as those regulations and guidance apply
to schools;
(4) establishes a plan for measuring implementation of
the local wellness policy, including designation of 1 or more
persons within the local educational agency or at each school,
as appropriate, charged with operational responsibility for
ensuring that the school meets the local wellness policy; and
(5) involves parents, students, representatives of the school
food authority, the school board, school administrators, and
the public in the development of the school wellness policy.
(b) TECHNICAL ASSISTANCE AND BEST PRACTICES.—
(1) IN GENERAL.—The Secretary, in coordination with the
Secretary of Education and in consultation with the Secretary
of Health and Human Services, acting through the Centers
for Disease Control and Prevention, shall make available to
local educational agencies, school food authorities, and State
educational agencies, on request, information and technical
assistance for use in—
(A) establishing healthy school nutrition environments;
(B) reducing childhood obesity; and
(C) preventing diet-related chronic diseases.
(2) CONTENT.—Technical assistance provided by the Sec-
retary under this subsection shall—
(A) include relevant and applicable examples of schools
and local educational agencies that have taken steps to
offer healthy options for foods sold or served in schools;
(B) include such other technical assistance as is
required to carry out the goals of promoting sound nutrition
and establishing healthy school nutrition environments
that are consistent with this section;
(C) be provided in such a manner as to be consistent
with the specific needs and requirements of local edu-
cational agencies; and
(D) be for guidance purposes only and not be construed
as binding or as a mandate to schools, local educational
agencies, school food authorities, or State educational agen-
cies.
(3) FUNDING.—
(A) IN GENERAL.—On July 1, 2006, out of any funds
in the Treasury not otherwise appropriated, the Secretary
of the Treasury shall transfer to the Secretary of Agri-
culture to carry out this subsection $4,000,000, to remain
available until September 30, 2009.
(B) RECEIPT
AND
ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to carry
out this subsection the funds transferred under subpara-
graph (A), without further appropriation.
Effective date.
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118 STAT. 782
PUBLIC LAW 108–265—JUNE 30, 2004
SEC. 205. TEAM NUTRITION NETWORK.
(a) TEAM NUTRITION NETWORK.—Section 19 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1788) is amended to read as follows:
‘‘SEC. 19. TEAM NUTRITION NETWORK.
‘‘(a) PURPOSES.—The purposes of the team nutrition network
are—
‘‘(1) to establish State systems to promote the nutritional
health of school children of the United States through nutrition
education and the use of team nutrition messages and material
developed by the Secretary, and to encourage regular physical
activity and other activities that support healthy lifestyles for
children, including those based on 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);
‘‘(2) to provide assistance to States for the development
of comprehensive and integrated nutrition education and active
living programs in schools and facilities that participate in
child nutrition programs;
‘‘(3) to provide training and technical assistance and
disseminate team nutrition messages to States, school and
community nutrition programs, and child nutrition food service
professionals;
‘‘(4) to coordinate and collaborate with other nutrition edu-
cation and active living programs that share similar goals and
purposes; and
‘‘(5) to identify and share innovative programs with dem-
onstrated effectiveness in helping children to maintain a
healthy weight by enhancing student understanding of health-
ful eating patterns and the importance of regular physical
activity.
‘‘(b) DEFINITION OF TEAM NUTRITION NETWORK.—In this section,
the term ‘team nutrition network’ means a statewide multidisci-
plinary program for children to promote healthy eating and physical
activity based on scientifically valid information and sound edu-
cational, social, and marketing principles.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—Subject to the availability of funds for
use in carrying out this section, in addition to any other funds
made available to the Secretary for team nutrition purposes,
the Secretary, in consultation with the Secretary of Education,
may make grants to State agencies for each fiscal year, in
accordance with this section, to establish team nutrition net-
works to promote nutrition education through—
‘‘(A) the use of team nutrition network messages and
other scientifically based information; and
‘‘(B) the promotion of active lifestyles.
‘‘(2) FORM.—A portion of the grants provided under this
subsection may be in the form of competitive grants.
‘‘(3) FUNDS
FROM
NONGOVERNMENTAL
SOURCES.—In car-
rying out this subsection, the Secretary may accept cash con-
tributions from nongovernmental organizations made expressly
to further the purposes of this section, to be managed by
the Food and Nutrition Service, for use by the Secretary and
the States in carrying out this section.
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118 STAT. 783
PUBLIC LAW 108–265—JUNE 30, 2004
‘‘(d) ALLOCATION.—Subject to the availability of funds for use
in carrying out this section, the total amount of funds made avail-
able for a fiscal year for grants under this section shall equal
not more than the sum of—
‘‘(1) the product obtained by multiplying 1⁄2 cent by the
number of lunches reimbursed through food service programs
under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) during the second preceding fiscal year
in schools, institutions, and service institutions that participate
in the food service programs; and
‘‘(2) the total value of funds received by the Secretary
in support of this section from nongovernmental sources.
‘‘(e) REQUIREMENTS FOR STATE PARTICIPATION.—To be eligible
to receive a grant under this section, a State agency shall submit
to the Secretary a plan that—
‘‘(1) is subject to approval by the Secretary; and
‘‘(2) is submitted at such time and in such manner, and
that contains such information, as the Secretary may require,
including—
‘‘(A) a description of the goals and proposed State plan
for addressing the health and other consequences of chil-
dren who are at risk of becoming overweight or obese;
‘‘(B) an analysis of the means by which the State
agency will use and disseminate the team nutrition mes-
sages and material developed by the Secretary;
‘‘(C) an explanation of the ways in which the State
agency will use the funds from the grant to work toward
the goals required under subparagraph (A), and to promote
healthy eating and physical activity and fitness in schools
throughout the State;
‘‘(D) a description of the ways in which the State team
nutrition network messages and activities will be coordi-
nated at the State level with other health promotion and
education activities;
‘‘(E) a description of the consultative process that the
State agency employed in the development of the model
nutrition and physical activity programs, including con-
sultations with individuals and organizations with exper-
tise in promoting public health, nutrition, or physical
activity;
‘‘(F) a description of how the State agency will evaluate
the effectiveness of each program developed by the State
agency;
‘‘(G) an annual summary of the team nutrition network
activities;
‘‘(H) a description of the ways in which the total school
environment will support healthy eating and physical
activity; and
‘‘(I) a description of how all communications to parents
and legal guardians of students who are members of a
household receiving or applying for assistance under the
program shall be in an understandable and uniform format
and, to the maximum extent practicable, in a language
that parents and legal guardians can understand.
‘‘(f) STATE COORDINATOR.—Each State that receives a grant
under this section shall appoint a team nutrition network coordi-
nator who shall—
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118 STAT. 784
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‘‘(1) administer and coordinate the team nutrition network
within and across schools, school food authorities, and other
child nutrition program providers in the State; and
‘‘(2) coordinate activities of the Secretary, acting through
the Food and Nutrition Service, and State agencies responsible
for other children’s health, education, and wellness programs
to implement a comprehensive, coordinated team nutrition net-
work program.
‘‘(g) AUTHORIZED ACTIVITIES.—A State agency that receives a
grant under this section may use funds from the grant—
‘‘(1)(A) to collect, analyze, and disseminate data regarding
the extent to which children and youths in the State are over-
weight, physically inactive, or otherwise suffering from nutri-
tion-related deficiencies or disease conditions; and
‘‘(B) to identify the programs and services available to
meet those needs;
‘‘(2) to implement model elementary and secondary edu-
cation curricula using team nutrition network messages and
material developed by the Secretary to create a comprehensive,
coordinated nutrition and physical fitness awareness and obe-
sity prevention program;
‘‘(3) to implement pilot projects in schools to promote phys-
ical activity and to enhance the nutritional status of students;
‘‘(4) to improve access to local foods through farm-to-cafe-
teria activities that may include the acquisition of food and
the provision of training and education;
‘‘(5) to implement State guidelines in health (including
nutrition education and physical education guidelines) and to
emphasize regular physical activity during school hours;
‘‘(6) to establish healthy eating and lifestyle policies in
schools;
‘‘(7) to provide training and technical assistance to teachers
and school food service professionals consistent with the pur-
poses of this section;
‘‘(8) to collaborate with public and private organizations,
including 
community-based 
organizations, 
State 
medical
associations, and public health groups, to develop and imple-
ment nutrition and physical education programs targeting lower
income children, ethnic minorities, and youth at a greater risk
for obesity.
‘‘(h) LOCAL NUTRITION AND PHYSICAL ACTIVITY GRANTS.—
‘‘(1) IN GENERAL.—Subject to the availability of funds to
carry out this subsection, the Secretary, in consultation with
the Secretary of Education, shall provide assistance to selected
local educational agencies to create healthy school nutrition
environments, promote healthy eating habits, and increase
physical activity, consistent with the Dietary Guidelines for
Americans published under section 301 of the National Nutri-
tion Monitoring and Related Research Act of 1990 (7 U.S.C.
5341), among elementary and secondary education students.
‘‘(2) SELECTION OF SCHOOLS.—In selecting local educational
agencies for grants under this subsection, the Secretary shall—
‘‘(A) provide for the equitable distribution of grants
among—
‘‘(i) urban, suburban, and rural schools; and
‘‘(ii) schools with varying family income levels;
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‘‘(B) consider factors that affect need, including local
educational agencies with significant minority or low-
income student populations; and
‘‘(C) establish a process that allows the Secretary to
conduct an evaluation of how funds were used.
‘‘(3) REQUIREMENT FOR PARTICIPATION.—To be eligible to
receive assistance under this subsection, a local educational
agency shall, in consultation with individuals who possess edu-
cation or experience appropriate for representing the general
field of public health, including nutrition and fitness profes-
sionals, submit to the Secretary an application that shall
include—
‘‘(A) a description of the need of the local educational
agency for a nutrition and physical activity program,
including an assessment of the nutritional environment
of the school;
‘‘(B) a description of how the proposed project will
improve health and nutrition through education and
increased access to physical activity;
‘‘(C) a description of how the proposed project will
be aligned with the local wellness policy required under
section 204 of the Child Nutrition and WIC Reauthorization
Act of 2004;
‘‘(D) a description of how funds under this subsection
will be coordinated with other programs under this Act,
the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), or other Acts, as appropriate, to
improve student health and nutrition;
‘‘(E) a statement of the measurable goals of the local
educational agency for nutrition and physical education
programs and promotion;
‘‘(F) a description of the procedures the agency will
use to assess and publicly report progress toward meeting
those goals; and
‘‘(G) a description of how communications to parents
and guardians of participating students regarding the
activities under this subsection shall be in an understand-
able and uniform format, and, to the extent maximum
practicable, in a language that parents can understand.
‘‘(4) 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 period of 3 successive school years beginning
with the initial fiscal year for which the local educational
agency receives funds.
‘‘(5) AUTHORIZED
ACTIVITIES.—An eligible applicant that
receives assistance under this subsection—
‘‘(A) shall use funds provided to—
‘‘(i) promote healthy eating through the develop-
ment and implementation of nutrition education pro-
grams and curricula based on the Dietary Guidelines
for Americans published under section 301 of the
National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341); and
‘‘(ii) increase opportunities for physical activity
through after school programs, athletics, intramural
activities, and recess; and
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‘‘(B) may use funds provided to—
‘‘(i) educate parents and students about the rela-
tionship of a poor diet and inactivity to obesity and
other health problems;
‘‘(ii) develop and implement physical education pro-
grams that promote fitness and lifelong activity;
‘‘(iii) provide training and technical assistance to
food service professionals to develop more appealing,
nutritious menus and recipes;
‘‘(iv) incorporate nutrition education into physical
education, health education, and after school programs,
including athletics;
‘‘(v) involve parents, nutrition professionals, 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 nutrition informa-
tion on meals served through the school lunch program
established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the
school breakfast program established by section 4 of
this Act and items sold a la carte during meal times;
‘‘(vii) encourage the increased consumption of a
variety of healthy foods, including fruits, vegetables,
whole grains, and low-fat dairy products, through new
initiatives to creatively market healthful foods, such
as salad bars and fruit bars;
‘‘(viii) offer healthy food choices outside program
meals, including by making low-fat and nutrient dense
options available in vending machines, school stores,
and other venues; and
‘‘(ix) provide nutrition education, including sports
nutrition education, for teachers, coaches, food service
staff, athletic trainers, and school nurses.
‘‘(6) REPORT.—Not later than 18 months after completion
of the projects and evaluations under this subsection, the Sec-
retary shall—
‘‘(A) submit to the Committee on Education and the
Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions and
the Committee on Agriculture, Nutrition and Forestry of
the Senate a report describing the results of the evaluation
under this subsection; and
‘‘(B) make the report available to the public, including
through the Internet.
‘‘(i) NUTRITION EDUCATION SUPPORT.—In carrying out the pur-
pose 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.
‘‘(j) 
LIMITATION.—Material 
prepared 
under 
this 
section
regarding agricultural commodities, food, or beverages, must be
factual and without bias.
‘‘(k) TEAM NUTRITION NETWORK INDEPENDENT EVALUATION.—
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118 STAT. 787
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‘‘(1) IN GENERAL.—Subject to the availability of funds to
carry out this subsection, the Secretary shall offer to enter
into an agreement with an independent, nonpartisan, science-
based research organization—
‘‘(A) to conduct a comprehensive independent evalua-
tion of the effectiveness of the team nutrition initiative
and the team nutrition network under this section; and
‘‘(B) to identify best practices by schools in—
‘‘(i) improving student understanding of healthful
eating patterns;
‘‘(ii) engaging students in regular physical activity
and improving physical fitness;
‘‘(iii) reducing diabetes and obesity rates in school
children;
‘‘(iv) improving student nutrition behaviors on the
school campus, including by increasing healthier meal
choices by students, as evidenced by greater inclusion
of fruits, vegetables, whole grains, and lean dairy and
protein in meal and snack selections;
‘‘(v) providing training and technical assistance for
food service professionals resulting in the availability
of healthy meals that appeal to ethnic and cultural
taste preferences;
‘‘(vi) linking meals programs to nutrition education
activities;
‘‘(vii) 
successfully 
involving 
parents, 
school
administrators, the private sector, public health agen-
cies, nonprofit organizations, and other community
partners;
‘‘(viii) ensuring the adequacy of time to eat during
school meal periods; and
‘‘(ix) successfully generating revenue through the
sale of food items, while providing healthy options
to students through vending, student stores, and other
venues.
‘‘(2) REPORT.—Not later than 3 years after funds are made
available to carry out this subsection, the Secretary shall
submit to the Committee on Education and the Workforce of
the House of Representatives, the Committee on Health, Edu-
cation, Labor, and Pensions and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing the
findings of the independent evaluation.
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.’’.
(b) CONFORMING
AMENDMENT.—Section 21(c)(2)(E) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769b–
1(c)(2)(E)) is amended by striking ‘‘, including’’ and all that follows
through ‘‘1966’’.
SEC. 206. REVIEW OF BEST PRACTICES IN THE BREAKFAST PROGRAM.
(a) REVIEW.—
(1) IN GENERAL.—Subject to the availability of funds under
subsection (c), the Secretary of Agriculture shall enter into
an agreement with a research organization to collect and
disseminate a review of best practices to assist school food
authorities in addressing existing impediments at the State
42 USC 1773
note.
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118 STAT. 788
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and local level that hinder the growth of the school breakfast
program under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773).
(2) RECOMMENDATIONS.—The review shall describe model
breakfast programs and offer recommendations for schools to
overcome obstacles, including—
(A) the length of the school day;
(B) bus schedules; and
(C) potential increases in costs at the State and local
level.
(b) DISSEMINATION.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall—
(1) make the review required under subsection (a) available
to school food authorities via the Internet, including rec-
ommendations to improve participation in the school breakfast
program; and
(2) transmit to Committee on Education and the Workforce
of the House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a copy of the
review.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
TITLE III—COMMODITY DISTRIBUTION
PROGRAMS
SEC. 301. COMMODITY DISTRIBUTION PROGRAMS.
Section 15 of the Commodity Distribution Reform Act and WIC
Amendments of 1987 (7 U.S.C. 612c note; Public Law 100–237)
is amended by striking subsection (e).
TITLE IV—MISCELLANEOUS
SEC. 401. SENSE OF CONGRESS REGARDING EFFORTS TO PREVENT
AND REDUCE CHILDHOOD OBESITY.
(a) FINDINGS.—Congress finds that—
(1) childhood obesity in the United States has reached
critical proportions;
(2) childhood obesity is associated with numerous health
risks and the incidence of chronic disease later in life;
(3) the prevention of obesity among children yields signifi-
cant benefits in terms of preventing disease and the health
care costs associated with such diseases;
(4) further scientific and medical data on the prevalence
of childhood obesity is necessary in order to inform efforts
to fight childhood obesity; and
(5) the State of Arkansas—
(A) is the first State in the United States to have
a comprehensive statewide initiative to combat and prevent
childhood obesity by—
(i) annually measuring the body mass index of
public school children in the State from kindergarten
through 12th grade; and
Deadline.
Internet.
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118 STAT. 789
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(ii) providing that information to the parents of
each child with associated information about the health
implications of the body mass index of the child;
(B) maintains, analyzes, and reports on annual and
longitudinal body mass index data for the public school
children in the State; and
(C) develops and implements appropriate interventions
at the community and school level to address obesity, the
risk of obesity, and the condition of being overweight,
including efforts to encourage healthy eating habits and
increased physical activity.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the State of Arkansas, in partnership with the Univer-
sity of Arkansas for Medical Sciences and the Arkansas Center
for Health Improvement, should be commended for its leader-
ship in combating childhood obesity; and
(2) the efforts of the State of Arkansas to implement a
statewide initiative to combat and prevent childhood obesity
are exemplary and could serve as a model for States across
the United States.
TITLE V—IMPLEMENTATION
SEC. 501. GUIDANCE AND REGULATIONS.
(a) GUIDANCE.—As soon as practicable after the date of enact-
ment of this Act, the Secretary of Agriculture shall issue guidance
to implement the amendments made by sections 102, 103, 104,
105, 106, 107, 111, 116, 119(c), 119(g), 120, 126(b), 126(c), 201,
203(a)(3), 203(b), 203(c)(5), 203(e)(3), 203(e)(4), 203(e)(5), 203(e)(6),
203(e)(7), 203(e)(10), and 203(h)(1).
(b) INTERIM FINAL REGULATIONS.—The Secretary may promul-
gate interim final regulations to implement the amendments
described in subsection (a).
(c) REGULATIONS.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall promulgate final regula-
tions to implement the amendments described in subsection (a).
SEC. 502. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided in this Act,
this Act and the amendments made by this Act take effect on
the date of enactment of this Act.
(b) SPECIAL EFFECTIVE DATES.—
(1) JULY 1, 2004.—The amendments made by sections 106,
107, 126(c), and 201 take effect on July 1, 2004.
(2) OCTOBER 1, 2004.—The amendments made by sections
119(c), 119(g), 202(a), 203(a), 203(b), 203(c)(1), 203(c)(5),
203(e)(5), 203(e)(8), 203(e)(10), 203(e)(13), 203(f), 203(h)(1), and
203(h)(2) take effect on October 1, 2004.
(3) JANUARY 1, 2005.—The amendments made by sections
116(f)(1) and 116(f)(3) take effect on January 1, 2005.
(4) JULY 1, 2005.—The amendments made by sections 102,
104, 105, 111, and 126(b) take effect on July 1, 2005.
42 USC 1754
note.
Deadline.
42 USC 1758
note.
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LEGISLATIVE HISTORY—S. 2507 (H.R. 3873):
HOUSE REPORTS: No. 108–445 accompanying H.R. 3873 (Comm. on Education
and the Workforce).
SENATE REPORTS: No. 108–279 (Comm. on Agriculture, Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 23, considered and passed Senate.
June 24, considered and passed House.
(5) OCTOBER 1, 2005.—The amendments made by sections
116(d) and 203(e)(9) take effect on October 1, 2005.
Approved June 30, 2004.
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