[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3873 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3873

To amend the Richard B. Russell National School Lunch Act and the Child 
   Nutrition Act of 1966 to provide children with access to food and 
   nutrition assistance, to simplify program operations, to improve 
 children's nutritional health, and to restore the integrity of child 
              nutrition programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2004

   Mr. Castle (for himself, Mr. Boehner, Mr. McKeon, Mr. Upton, Mr. 
   Ehlers, Mr. Keller, Mr. Wilson of South Carolina, Mr. Porter, Mr. 
Carter, Mr. Case, Mr. Pearce, Mr. Simmons, Ms. Watson, Mr. Peterson of 
Minnesota, and Ms. Kilpatrick) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Richard B. Russell National School Lunch Act and the Child 
   Nutrition Act of 1966 to provide children with access to food and 
   nutrition assistance, to simplify program operations, to improve 
 children's nutritional health, and to restore the integrity of child 
              nutrition programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Child Nutrition Improvement and 
Integrity Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of Contents.
          TITLE I--ENSURING ACCESS TO CHILD NUTRITION PROGRAMS

Sec. 101. Exclusion of military housing allowances.
Sec. 102. Homeless children and runaway youth eligibility.
Sec. 103. Eligibility for special payments.
Sec. 104. Reauthorization of Summer food programs.
Sec. 105. Child and adult care food program.
           TITLE II--IMPROVING PROGRAM QUALITY AND INTEGRITY

Sec. 201. Eligibility and Certification for Free and Reduced Price 
                            Lunches.
Sec. 202. Duration of eligibility for free and reduced price lunches.
Sec. 203. Certification by local educational agencies.
Sec. 204. Compliance and accountability.
Sec. 205. Technology Improvement.
Sec. 206. Minimum State Administrative Expense Grants.
Sec. 207. District-wide eligibility for special assistance.
Sec. 208. Administrative error reduction.
TITLE III--PROMOTING NUTRITION QUALITY AND PREVENTING CHILDHOOD OBESITY

Sec. 301. Local school wellness policy.
Sec. 302. Supporting Nutrition Education, Improving Meal Quality, and 
                            Access to Local Foods.
Sec. 303. Fruits and vegetable commodities.
Sec. 304. Fruit and vegetable pilot program.
Sec. 305. Fluid milk.
Sec. 306. Waiver of requirements for weighted averages for nutrient 
                            analysis.
Sec. 307. Whole grains.
Sec. 308. Study on Healthy School Environments.
      TITLE IV--IMPROVING THE WOMEN, INFANTS, AND CHILDREN PROGRAM

Sec. 401. Definition of nutrition education.
Sec. 402. Definition of supplemental foods.
Sec. 403. Improving certification.
Sec. 404. Reviews of available supplemental foods.
Sec. 405. Notification of violations and infant formula benefits.
Sec. 406. Competitive bidding.
Sec. 407. Fruit and vegetable projects.
Sec. 408. Management information systems.
Sec. 409. Infant formula fraud prevention.
Sec. 410. State alliances.
Sec. 411. Limits on expenditures.
Sec. 412. Migrant and community health centers initiative.
Sec. 413. Demonstration projects.
Sec. 414. Authorization of appropriations.
 TITLE V--REAUTHORIZATION, MISCELLANEOUS PROVISIONS, AND EFFECTIVE DATE

Sec. 501. Training, Technical, and Other Assistance.
Sec. 502. Notice of irradiated food.
Sec. 503. Reauthorization of programs.
Sec. 504. Effective date.

          TITLE I--ENSURING ACCESS TO CHILD NUTRITION PROGRAMS

SEC. 101. EXCLUSION OF MILITARY HOUSING ALLOWANCES.

    Section 9(b)(7) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(b)) is amended by striking ``For each of fiscal years 
2002'' and all that follows through ``the amount'' and insert ``The 
amount''.

SEC. 102. HOMELESS CHILDREN AND RUNAWAY YOUTH ELIGIBILITY.

    Section 9(b)(6)(A) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(b)(6)(A)) is amended--
            (1) in clause (ii), by striking ``or'';
            (2) in clause (iii), by striking the period and inserting a 
        semicolon; and
            (3) by inserting after clause (iii) the following:
                            ``(iv) a homeless child or youth (as 
                        defined in section 725(2) of the McKinney-Vento 
                        Homeless Assistance Act (42 U.S.C. 11434a)); or
                            ``(v) a youth served by programs under the 
                        Runaway and Homeless Youth Act (42 U.S.C. 5701 
                        et seq.)''.

SEC. 103. ELIGIBILITY FOR SPECIAL PAYMENTS.

    Section 4(d)(1)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 
1773(d)(1)(B)) is amended by inserting ``(or those new schools drawing 
their attendance from schools receiving severe need assistance)'' after 
``reduced price''.

SEC. 104. REAUTHORIZATION OF SUMMER FOOD PROGRAMS.

    (a) Summer Food Pilot Projects.--Section 18(f)(2) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1769(f)(2)) is amended by 
striking ``March 31, 2004'' and inserting ``September 30, 2009''.
    (b) Summer Food Service Program for Children.--Section 13(q) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1761(q)) is 
amended by striking ``March 31, 2004'' and inserting ``September 30, 
2009''.

SEC. 105. CHILD AND ADULT CARE FOOD PROGRAM.

    (a) Eligibility of Private Child Care Centers.--Section 
17(a)(2)(B)(i) of the Richard B. Russell National School Lunch Act (42 
U.S.C. 42 U.S.C. 1766(a)(2)(B)(i)) is amended by striking ``during the 
period'' and all that follows through ``March 31, 2004''.
    (b) Duration of Determination as Tier 1 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) Duration of Agreements.--Section 17(j) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1766(j)) is amended to 
read as follows:
    ``(j) Agreements.--
            ``(1) In general.--The Secretary shall issue regulations 
        directing States to develop and provide for the use of a 
        standard form of agreement between each family or group day 
        care sponsoring organization and the family or group day care 
        homes participating in the program under such organization, for 
        the purpose of specifying the rights and responsibilities of 
        each party.
            ``(2) Duration.--An agreement under paragraph (1) shall 
        remain in effect until terminated by either party to the 
        agreement.''.
    (d) Management Improvement Initiative.--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 ``2004 through 
2006''.
    (e) Audits.--Section 17(i) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(i)) is amended to read as follows:
    ``(i) Audits.--
            ``(1) Funds for audits.--The Secretary shall make available 
        for each fiscal year to State administering the child care food 
        program, for the purpose of conducting audits of participating 
        institutions, an amount up to 1.5 percent (except in the case 
        of fiscal years 2005 through 2007, 1 percent) of the funds used 
        by each State in the program under this section during the 
        second preceding fiscal year.
            ``(2) Audit procedures.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                conducting management evaluations, reviews, or audits 
                of the program under their section, the Secretary or a 
                State agency may disregard any overpayment to an 
                institution if the total overpayment for any fiscal 
                year does not exceed an amount, consistent with the 
                disregards allowed in other programs under this Act, 
                which recognizes the cost of collecting small claims.
                    ``(B) Criminal or fraud violations.--In carrying 
                out this subsection, the Secretary and a State agency 
                shall not disregard any overpayment for which there is 
                evidence of a violation of a criminal law or civil 
                fraud law.''.
    (f) Homeless and Domestic Violence Shelters.--Section 
17(t)(5)(A)(i)() of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1766(t)(5)(A)(i) is amended--
            (1) in subclause (I)--
                    (A) by striking ``12'' and inserting ``18''; and
                    (B) by inserting ``or'' after the semicolon; and
            (2) by striking subclause (II) and redesignating subclause 
        (III) as subclause (II).
    (g) Paperwork Reduction.--The Secretary of Agriculture, in 
conjunction with States and participating institutions, shall examine 
the feasibility of reducing paperwork resulting from regulations and 
record-keeping requirements for family child care homes, child care 
centers, and sponsoring organizations participating in the child and 
adult care food program established under section 17 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1766).

           TITLE II--IMPROVING PROGRAM QUALITY AND INTEGRITY

SEC. 201. ELIGIBILITY AND CERTIFICATION FOR FREE AND REDUCED PRICE 
              LUNCHES.

    Section 9(b) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758) is amended--
            (1) by amending the subsection heading to read as follows:
    ``(b) Eligibility for Free and Reduced Price Lunches.--''; and
            (2) by amending paragraphs (1) and (2) to read as follows:
            ``(1) Income guidelines.--
                    ``(A) In general.--Not later than June 1 of each 
                fiscal year, the Secretary shall prescribe income 
                guidelines for determining eligibility for free and 
                reduced price lunches during the 12-month period 
                beginning July 1 of such fiscal year and ending June 30 
                of the following fiscal year. The income guidelines for 
                determining eligibility for free lunches shall be 130 
                percent of the applicable family size income levels 
                contained in the nonfarm income poverty guidelines 
                issued by the Secretary of Health and Human Services, 
                as adjusted annually in accordance with subparagraph 
                (B). The income guidelines for determining eligibility 
                for reduced price lunches for any school year shall be 
                185 percent of the applicable family size income levels 
                contained in the nonfarm income poverty guidelines 
                issued by the Secretary of Health and Human Services, 
                as adjusted annually in accordance with subparagraph 
                (B). Such guidelines shall be revised at annual 
                intervals, or at any shorter interval deemed feasible 
                and desirable.
                    ``(B) Formula for revision.--The revision required 
                by subparagraph (A) of this paragraph shall be made by 
                multiplying--
                            ``(i) the official poverty line (as defined 
                        by the Secretary of Health and Human Services); 
                        by
                            ``(ii) the percentage change in the 
                        Consumer Price Index during the annual or other 
                        interval immediately preceding the time at 
                        which the adjustment is made.
                Revisions under this subparagraph shall be made not 
                more than 30 days after the date on which the Consumer 
                Price Index data required to compute the adjustment 
                becomes available.
            ``(2) Certification of eligibility.--
                    ``(A) Announcement by state educational agency.--
                Following the determination by the Secretary under 
                paragraph (1) of this subsection of the income 
                eligibility guidelines for each school year, each State 
                educational agency shall announce the income 
                eligibility guidelines, by family size, to be used by 
                schools in the State in making determinations of 
                eligibility for free and reduced price lunches. Local 
                educational agencies shall, each year, publicly 
                announce the income eligibility guidelines for free and 
                reduced price lunches on or before the opening of 
                school.
                    ``(B) Applications.--
                            ``(i) In general.--Applications for free 
                        and reduced price lunches, in such form as the 
                        Secretary may prescribe or approve, and any 
                        descriptive material, shall be distributed at 
                        least annually to the parents or guardians of 
                        children in attendance at the school.
                            ``(ii) Income levels.--Applications and 
                        descriptive material shall contain only the 
                        family size income levels for reduced price 
                        meal eligibility, with the explanation that 
                        households with incomes less than or equal to 
                        these values would be eligible for free or 
                        reduced price lunches. Such forms and 
                        descriptive material may not contain the income 
                        eligibility guidelines for free lunches, and 
                        may be made available electronically via the 
                        Internet.
                            ``(iii) Notification.--Descriptive 
                        materials shall contain a notification that 
                        participants in the Special Supplemental 
                        Nutrition Program for Women, Infants, and 
                        Children authorized under Section 17 of the 
                        Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
                        seq.) or the State program funded under part A 
                        of title IV of the Social Security Act are 
                        eligible for free or reduced price lunches.
                            ``(iv) Electronic availability.--
                        Applications and descriptive material may be 
                        made available electronically via the Internet.
                    ``(C) Eligibility.--
                            ``(i) Household applications.--
                                    ``(I) In general.--If an 
                                eligibility determination for a child 
                                is not made under clause (ii) or (iii), 
                                an eligibility determination shall be 
                                made on the basis of a complete 
                                household application executed by an 
                                adult member of the household.
                                    ``(II) Eligibility determinants.--
                                Eligibility may be determined by the 
                                local educational agency on the basis 
                                of a complete application (including an 
                                electronic signature when the 
                                application is submitted 
                                electronically) executed by an adult 
                                member of the household if the 
                                application filing system meets 
                                confidentiality standards established 
                                by the Secretary.
                                    ``(III) Children in household.--
                                            ``(aa) In general.--The 
                                        application shall identify the 
                                        names of each child in the 
                                        household for whom meal 
                                        benefits are requested.
                                            ``(bb) Separate 
                                        applications.--A State 
                                        educational agency or local 
                                        educational agency may not 
                                        request a separate application 
                                        for each child in the 
                                        household.
                                    ``(IV) Verification.--The 
                                Secretary, State, or local educational 
                                agency may verify any data contained in 
                                such application. In accordance with 
                                guidance issued by the Secretary, each 
                                local educational agency shall verify 
                                the information contained in a sample 
                                of approved free and reduced price 
                                applications and shall make appropriate 
                                changes in the eligibility 
                                determination with respect to such 
                                applications on the basis of such 
                                verification. The sample selected for 
                                verification shall be as follows:
                                            ``(aa) For local 
                                        educational agencies able to 
                                        obtain verification information 
                                        for at least 75 percent of all 
                                        applications selected for 
                                        verification in the prior year, 
                                        or local educational agencies 
                                        receiving more than 20,000 
                                        applications and that in the 
                                        prior year had a verification 
                                        non-response rate that was 10 
                                        percent below the the 
                                        verification non-response rate 
                                        of the second prior year, the 
                                        sample selected shall be 
                                        either--

                                                    ``(AA) the lesser 
                                                of 3,000 or 3 percent 
                                                of approved 
                                                applications selected 
                                                at random by the local 
                                                educational agencies 
                                                from all approved 
                                                applications; or

                                                    ``(BB) the lesser 
                                                of 1,000 or 1 and \1/2\ 
                                                percent of all approved 
                                                applications selected 
                                                from applications that 
                                                indicate monthly income 
                                                that is within $100, or 
                                                annual income that is 
                                                within $1,200, of the 
                                                income eligibility 
                                                limitation for free or 
                                                reduced price meals, 
                                                plus the lesser of 500 
                                                or \1/2\ of 1 percent 
                                                of approved 
                                                applications that 
                                                provided a case number 
                                                in lieu of income 
                                                information in 
                                                accordance with 
                                                paragraph (6) of this 
                                                subsection selected 
                                                from those approved 
                                                applications that 
                                                provided a case number 
                                                in lieu of income 
                                                information in 
                                                accordance with 
                                                paragraph (6) of this 
                                                subsection.

                                            ``(bb) For all other local 
                                        educational agencies, the 
                                        sample selected shall be the 
                                        lesser of 3,000 or 3 percent of 
                                        all approved applications 
                                        selected from applications that 
                                        indicate monthly income that is 
                                        within $100, or annual income 
                                        that is within $1,200, of the 
                                        income eligibility limitation 
                                        for free or reduced price 
                                        meals. If, for any local 
                                        educational agency, the total 
                                        number of such applications is 
                                        less than 3,000 or 3 percent of 
                                        all approved applications, the 
                                        local educational agency shall 
                                        select additional applications 
                                        at random from all approved 
                                        applications in order to obtain 
                                        a total sample for verification 
                                        of 3,000 or 3 percent of all 
                                        approved applications.
                            ``(ii) Direct certification for children in 
                        food stamp households.--
                                    ``(I) In general.--Each State 
                                agency shall, to the extent 
                                practicable, 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.).
                                    ``(II) Procedures.--Subject to 
                                clause (iv), the agreement shall 
                                establish procedures under which a 
                                child who is a member of a household 
                                receiving assistance under the program 
                                referred to in subclause (I) shall be 
                                certified as eligible for free meals 
                                under this Act, without further 
                                application.
                                    ``(III) Direct certification.--
                                Subject to clause (iv), under the 
                                agreement, the local educational agency 
                                conducting eligibility determinations 
                                for a school meal program conducted 
                                under this Act shall certify a child 
                                who is a member of a household 
                                receiving assistance under the food 
                                stamp program established under the 
                                program referred to in subclause (I) as 
                                eligible for free meals under this Act 
                                without further application.
                                    ``(IV) Notice.--The appropriate 
                                local educational agency shall provide 
                                annually to the parents or guardians of 
                                all students who are members of a 
                                household receiving assistance under 
                                the program referred to in subclause 
                                (I), notification, in an understandable 
                                and uniform format, that any school-
                                aged child in that household is 
                                eligible for free lunches or 
                                breakfasts.
                            ``(iii) Certification of children in 
                        households receiving temporary assistance for 
                        needy families.--Subject to clause (iv), any 
                        local educational agency may certify any child 
                        as eligible for free lunches or breakfasts, 
                        without further application, by directly 
                        communicating with the appropriate State or 
                        local agency to obtain documentation of such 
                        child's status as a member of a family that is 
                        receiving assistance under the State program 
                        funded under part A of title IV of the Social 
                        Security Act 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.
                            ``(iv) Disclosure of information.--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 
                        clauses (ii) and (iii), shall be limited to--
                                    ``(I) a person directly connected 
                                with the administration or enforcement 
                                of this Act or the Child Nutrition Act 
                                of 1966 (42 U.S.C. 1771 et seq.), or a 
                                regulation issued pursuant to either 
                                Act;
                                    ``(II) a person directly connected 
                                with the administration or enforcement 
                                of--
                                            ``(aa) a Federal education 
                                        program;
                                            ``(bb) a State health or 
                                        education program administered 
                                        by the State or local 
                                        educational agency (other than 
                                        a program carried out under 
                                        title XIX of the Social 
                                        Security Act (42 U.S.C. 1396 et 
                                        seq.)); or
                                            ``(cc) a Federal, State, or 
                                        local means-tested nutrition 
                                        program with eligibility 
                                        standards comparable to the 
                                        program under this section; and
                                    ``(III)(aa) the Comptroller General 
                                of the United States for audit and 
                                examination authorized by any other 
                                provision of law; and
                                    ``(bb) notwithstanding any other 
                                provision of law, a Federal, State, or 
                                local law enforcement official for the 
                                purpose of investigating an alleged 
                                violation of any program requirements 
                                under paragraph (1) or this paragraph; 
                                and
                                    ``(IV) a person directly connected 
                                with the administration of the State 
                                Medicaid program under title XIX of the 
                                Social Security Act (42 U.S.C. 1396 et 
                                seq.) or the State children's health 
                                insurance program under title XXI of 
                                that Act (42 U.S.C. 1397aa et seq.) 
                                solely for the purpose of identifying 
                                children eligible for benefits under, 
                                and enrolling children in, such 
                                programs, except that this subclause 
                                shall apply only to the extent that the 
                                State and the local educational agency 
                                so elect.
                            ``(v) Limitation.--Information provided 
                        under clause (iv)(II) shall be limited to the 
                        income eligibility status of the child for whom 
                        application for free or reduced price meal 
                        benefits was made or for whom eligibility 
                        information was provided under clause (ii) or 
                        (iii), unless the consent of the parent or 
                        guardian of the child for whom application for 
                        benefits was made is obtained.
                            ``(vi) Penalty for unauthorized 
                        disclosure.--A person described in clause (iv) 
                        who publishes, divulges, discloses, or makes 
                        known in any manner, or to any extent not 
                        authorized by Federal law (including a 
                        regulation), any information obtained under 
                        this subsection shall be fined not more than 
                        $1,000 or imprisoned not more than 1 year, or 
                        both.
                            ``(vii) Requirements for waiver of 
                        confidentiality.--A State that elects to 
                        exercise the option described in clause 
                        (iv)(IV) shall ensure that any local 
                        educational agency acting in accordance with 
                        that option--
                                    ``(I) has a written agreement with 
                                the State or local agency or agencies 
                                administering health insurance 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 clause (iv) 
                                to seek to enroll children in those 
                                health insurance programs; and
                                    ``(II)(aa) notifies each household, 
                                the information of which shall be 
                                disclosed under clause (iv), that the 
                                information disclosed will be used only 
                                to enroll children in health programs 
                                referred to in clause (iv)(IV); and
                                    ``(bb) provides each parent or 
                                guardian of a child in the household 
                                with an opportunity to elect not to 
                                have the information disclosed.
                            ``(viii) Use of disclosed information.--A 
                        person to which information is disclosed under 
                        clause (iv)(IV) shall use or disclose the 
                        information only as necessary for the purpose 
                        of enrolling children in health programs 
                        referred to in clause (iv)(IV).
                    ``(D) Free and reduced price policy statement.--
                After the initial submission, a local educational 
                agency shall not be required to submit a free and 
                reduced price policy 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. 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.''.

SEC. 202. DURATION OF ELIGIBILITY FOR FREE AND REDUCED PRICE LUNCHES.

    Section 9(b)(3) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(b)(3)) is amended to read as follows:
            ``(3) Eligibility for free and reduced price lunches.--
                    ``(A) Free lunches.--Any child who is a member of a 
                household whose income, at the time the application is 
                submitted, is at an annual rate which does not exceed 
                the applicable family size income level of the income 
                eligibility guidelines for free lunches, as determined 
                under paragraph (1), shall be served a free lunch.
                    ``(B) Reduced price lunches.--
                            ``(i) In general.--Any child who is a 
                        member of a household whose income, at the time 
                        the application is submitted, is at an annual 
                        rate greater than the applicable family size 
                        income level of the income eligibility 
                        guidelines for free lunches, as determined 
                        under paragraph (1), but less than or equal to 
                        the applicable family size income level of the 
                        income eligibility guidelines for reduced price 
                        lunches, as determined under paragraph (1), 
                        shall be served a reduced price lunch.
                            ``(ii) Maximum price.--The price charged 
                        for a reduced price lunch shall not exceed 40 
                        cents.
                    ``(C) Duration.--Except as otherwise specified in 
                section 11(a), eligibility for free or reduced price 
                meals for any school year shall remain in effect--
                            ``(i) beginning on the date of eligibility 
                        approval for the current school year; and
                            ``(ii) ending on the date of the beginning 
                        of school in the subsequent school year or as 
                        otherwise specified by the Secretary.''.

SEC. 203. 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 
further amended--
            (1) in subsection (b)(5), by striking ``Local school 
        authorities'' and inserting ``Local educational agencies''; and
            (2) in subsection (d)(2)--
                    (A) by striking ``local school food 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 paragraphs (3) through (7) as 
        paragraphs (5) through (9), respectively, and moving the 
        paragraphs to the end of the subsection;
            (2) by redesignating the first paragraph (3) (as so 
        redesignated) the following:
            ``(4) Local educational agency.--
                    ``(A) In general.--The term `local 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 food authority, an appropriate 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. 204. COMPLIANCE AND ACCOUNTABILITY.

    Section 22 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769c) is amended by inserting ``and local educational 
agencies'' after ``food service authorities'' each place it appears.

SEC. 205. TECHNOLOGY IMPROVEMENT.

    (a) Priority for Reallocated Funds.--Section 7(a)(5)(B)(ii) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(5)(B)(ii)) is amended by 
inserting the following new sentence at the end: ``The Secretary shall 
give priority consideration to States that will use the funds for 
improvements in technology and information management systems described 
in subsection (e)(2).''
    (b) Technology Infrastructure Improvement.--Section 7(e) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended--
            (1) by striking ``Each State'' and inserting ``(1) Each 
        State''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Each State shall at a minimum include a description of how 
technology and information management systems will be used to improve 
program integrity by--
    ``(A) monitoring the nutrient content of meals served;
    ``(B) training schools and school food authorities how to utilize 
technology and information management systems for activities such as 
menu planning, collecting point of sale data, and processing 
applications for free and reduced price meals; and
    ``(C) using electronic data to establish benchmarks to compare and 
monitor program integrity, program participation, and financial data 
across schools and school food authorities.''.
    (c) Conforming Amendment.--Section 7(b) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1776(b)) is amended by striking ``and for staff 
development.'' and inserting ``; for staff development; and technology 
and information management systems.''.

SEC. 206. MINIMUM STATE ADMINISTRATIVE EXPENSE GRANTS.

     Section 7(a) of the Child Nutrition Act (42 U.S.C. 1776(a)(1)) is 
amended--
            (1) by amending the section heading to read as follows:

``SEC. 7. STATE ADMINISTRATIVE EXPENSES.

    ``(a) Amount and Allocation of Funds.--'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) Amount available.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each fiscal year the Secretary shall 
                make available to the States for their Administrative 
                costs an amount equal to not less than 1\1/2\ percent 
                of the Federal funds expended under sections 4, 11, 17, 
                and 17A of the Richard B. Russell National School Lunch 
                Act (42 U.S.C. 1753, 1759a, 1766, and 1766a)) and 
                sections 3 and 4 of this Act during the second 
                preceding fiscal year.
                    ``(B) Minimum amount.--In the case of each of 
                fiscal years 2005 through 2007, the Secretary shall 
                make available to each State for their administrative 
                costs not less than the initial allocation made to the 
                State under this subsection for fiscal year 2004.
                    ``(C) Allocation.--The Secretary shall allocate the 
                funds so provided in accordance with paragraphs (2), 
                (3), and (4) of this subsection.
                    ``(D) Authorization of appropriations.--There is 
                authorized to be appropriated such sums as may be 
                necessary to carry out the purposes of this section.''; 
                and
            (3) in paragraph (2), by striking ``$100,000'' and 
        inserting ``$200,000''.

SEC. 207. DISTRICT-WIDE ELIGIBILITY FOR SPECIAL ASSISTANCE.

    Section 11(a)(1) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1759a(a)(1)) is amended--
            (1) in subparagraph (C)--
                    (A) in clause (i)--
                            (i) by inserting ``or school district'' 
                        after ``in the case of any school'';
                            (ii) by inserting ``or school district'' 
                        after ``in the school'' both times it appears;
                            (iii) by inserting ``or school district'' 
                        after ``in the case of a school''; and
                            (iv) by inserting ``or school district'' 
                        after ``with respect to the school'';
                    (B) in clause (ii)--
                            (i) by inserting ``or school district'' 
                        after ``served by a school''; and
                            (ii) by inserting ``or school district'' 
                        after ``served by the school''; and
                    (C) in clause (iii) by inserting ``or school 
                district'' after ``a school'';
            (2) in subparagraph (D)--
                    (A) in clause (i)--
                            (i) by inserting ``or school district'' 
                        after ``any school''; and
                            (ii) by inserting ``or school district'' 
                        after ``the school'';
                    (B) in clause (ii)--
                            (i) by inserting ``or school district'' 
                        after ``A school''; and
                            (ii) by inserting ``or school district'' 
                        after ``the school'';
                    (C) in clause (iii)--
                            (i) by inserting ``or school district'' 
                        after ``a school''; and
                            (ii) by inserting ``or school district'' 
                        after ``the school''; and
                    (D) in clause (iv) by inserting ``or school 
                district'' after ``levels, a school'';
            (3) in subparagraph (E)--
                    (A) in clause (i)--
                            (i) by inserting ``or school district'' 
                        after ``In the case of any school'';
                            (ii) by inserting ``or school district'' 
                        after ``in the school'' both times it appears;
                            (iii) by inserting ``or school district'' 
                        after ``in the case of a school'';
                            (iv) by inserting ``or school district'' 
                        after ``with respect to the school'';
                            (v) by inserting ``or school district'' 
                        after ``received by the school''; and
                            (vi) by inserting ``or school district'' 
                        after ``for which the school''; and
                    (B) in clause (ii)--
                            (i) by inserting ``or school district'' 
                        after ``A school'';
                            (ii) by inserting ``or school district'' 
                        after ``for which the school'' both times it 
                        appears; and
                            (iii) by inserting ``or school district'' 
                        after ``population of the school'' both times 
                        it appears.

SEC. 208. ADMINISTRATIVE ERROR REDUCTION.

    (a) Federal Support for Training and Technical Assistance.--Section 
21 of the Richard B. Russell National School Lunch Act (42 U.S.C. 
1769b-1) is amended--
            (1) by redesignating subsection (e) as subsection (g); and
            (2) by inserting after subsection (d) the following:
    ``(e) Administrative Training and Technical Assistance Materials.--
In collaboration with State educational agencies, school food 
authorities, and local educational agencies of varying sizes, the 
Secretary shall develop and distribute training and technical 
assistance materials relating to the administration of school meal 
programs that are--
            ``(1) prepared by the Secretary (based on research or other 
        sources), a State educational agency, a school food authority, 
        or a local educational agency; and
            ``(2) representative of the best management and 
        administrative practices of State agencies, school food 
        authorities, and local educational agencies as determined by 
        the Secretary.
    ``(f) Use of Funds.--The Secretary may--
            ``(1) provide training and technical assistance related to 
        administrative practices designed to improve program integrity 
        and administrative accuracy in school meals programs (including 
        administrative requirements established by the The Child 
        Nutrition Improvement and Integrity Act and amendments made by 
        that Act) to State educational agencies and, to the extent 
        determined by the Secretary, to school food authorities and 
        local educational agencies; and
            ``(2) assist State educational agencies in reviewing the 
        administrative practices of school food authorities, to the 
        extent determined by the Secretary.''.
    (b) Selected Administrative Reviews.--Section 22(b) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1769c(b)) is amended by 
adding at the end the following:
            ``(3) Additional review requirement for selected school 
        food authorities and local educational agencies.--
                    ``(A) Definition of selected school food authority 
                or local educational agency.--In this paragraph, the 
                terms `selected school food authority' and `select 
                local educational agency' mean a school food authority 
                or 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 
                school food authority and local educational agency 
                during the review cycle established under subsection 
                (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 school food authority or local educational 
                agency, including application, certification, 
                verification, meal counting, and meal claiming 
                procedures.
                    ``(D) Results of review.--If the State educational 
                agency determines (on the basis of a review conducted 
                under subparagraph (B)) that a selected school food 
                authority or local educational agency fails to meet 
                performance criteria established by the Secretary, the 
                State educational agency shall--
                            ``(i) require the selected school food 
                        authority or local educational agency to 
                        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 school food authority or 
                        local educational agency in carrying out the 
                        corrective action plan; and
                            ``(iii) conduct a follow-up review of the 
                        selected school food authority or local 
                        educational agency under standards established 
                        by the Secretary.
            ``(4) Recovering funds after administrative reviews.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), if the school food authority or local educational 
                agency fails to meet administrative performance 
                criteria established by the Secretary in both an 
                initial review and a follow-up review under paragraph 
                (1) or (3) or subsection (a), the Secretary may require 
                the State educational agency to recover funds that 
                would otherwise be paid to the school food authority or 
                local educational agency for school meals programs 
                under procedures prescribed by the Secretary.
                    ``(B) Amount.--The amount of funds recovered under 
                subparagraph (A) shall equal the value of the error 
                during the time period described in subparagraph (C).
                    ``(C) Time period.--The period for determining the 
                value of the error under subparagraph (B) shall be the 
                period--
                            ``(i) beginning on the date the error was 
                        made; and
                            ``(ii) ending on the earlier of the date 
                        the error is corrected or--
                                    ``(I) in the case of the first 
                                review conducted by the State 
                                educational agency of the school food 
                                authority or local educational agency 
                                under this section after 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 review conducted by the 
                                State educational agency of the school 
                                food authority or local educational 
                                agency under this section, the date 
                                that is 90 days after the beginning of 
                                the period under clause (i).
            ``(5) Use of recovered funds.--
                    ``(A) In general.--Subject to subparagraph (B), 
                funds recovered under paragraph (4) shall--
                            ``(i) be returned to the Secretary under 
                        procedures established by the Secretary, and 
                        may be used--
                                    ``(I) to provide training and 
                                technical assistance related to 
                                administrative practices designed to 
                                improve program integrity and 
                                administrative accuracy in school meals 
                                programs (including administrative 
                                requirements established by the The 
                                Child Nutrition Improvement and 
                                Integrity Act and amendments made by 
                                that Act) to State educational agencies 
                                and, to the extent determined by the 
                                Secretary, to school food authorities 
                                and local educational agencies;
                                    ``(II) to assist State educational 
                                agencies in reviewing the 
                                administrative practices of school food 
                                authorities, to the extent determined 
                                by the Secretary; and
                                    ``(III) to carry out section 21(e); 
                                or
                                    ``(IV) be credited to the child 
                                nutrition programs appropriation 
                                account.
                    ``(B) State share.--Subject to subparagraph (C), 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 school food authorities and local educational 
                agencies that have repeatedly failed (as determined by 
                the Secretary) to meet administrative performance 
                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 school food authorities and local 
                        educational agencies from which funds were 
                        retained under paragraph (4); and
                            ``(ii) obtain the approval of the Secretary 
                        for the plan.''.
    (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.--
            ``(1) In general.--Each'';
                    (B) by striking ``After'' and inserting the 
                following:
            ``(2) Updates.--After''; and
                    (C) by adding at the end the following:
            ``(3) Training and technical assistance.--Effective 
        beginning July 1, 2005, each State shall submit to the 
        Secretary for approval a plan 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 
        (as added by section 124(b) of the The Child Nutrition 
        Improvement and Integrity 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 
        provide training in administrative practices (including 
        training in application, certification, verification, meal 
        counting, and meal claiming procedures) to school food 
        authority administrative personnel and other appropriate 
        personnel, with emphasis on the requirements established by the 
        The Child Nutrition Improvement and Integrity Act and the 
        amendments made by that Act.
            ``(2) Federal role.--The Secretary shall--
                    ``(A) provide training and technical assistance 
                (including training materials and information developed 
                under subsections (e) and (f) of section 21 of the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1769b-1)) to a State to assist the State in carrying 
                out paragraph (1); or
                    ``(B) at the option of the Secretary, directly 
                provide training and technical assistance described in 
                paragraph (1).
            ``(3) Third-party contracting.--In carrying out this 
        subsection, the Secretary or a State may contract with a third 
        party under procedures established by the Secretary.
            ``(4) Required participation.--Under procedures established 
        by the Secretary that consider the various needs and 
        circumstances of school food authorities, each school food 
        authority or local educational agency 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) Training and Administrative Reviews.--The Secretary may 
assist States in carrying out subsection (g) and administrative reviews 
of selected school food authorities and local educational agencies 
under section 22(b)(3) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769c(b)(3)).''.

TITLE III--PROMOTING NUTRITION QUALITY AND PREVENTING CHILDHOOD OBESITY

SEC. 301. LOCAL SCHOOL WELLNESS POLICY.

    (a) In General.--Not later than the first day of the school year 
beginning after June 30, 2006, local educational agencies participating 
in the programs authorized by the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.) shall establish a local school wellness policy 
for such local agency that at a minimum--
            (1) includes goals for nutrition education, physical 
        activity and other school-based activities designed to promote 
        student wellness that the local educational agency determines 
        are appropriate;
            (2) includes nutrition guidelines selected by the local 
        educational agencies for all foods sold on school campus during 
        the school day with the objective of promoting student health 
        and reducing childhood obesity;
            (3) establishes a plan for ensuring implementation of the 
        local wellness policy, including designation of a person or 
        persons within the local educational agency, or at each school 
        as appropriate, charged with operational responsibility for 
        ensuring that such school meets the local wellness policy; and
            (4) involves parents, students, representatives of the 
        school food authority, the school board, school administrators, 
        and public in the development of the school wellness policy.

SEC. 302. SUPPORTING NUTRITION EDUCATION, IMPROVING MEAL QUALITY, AND 
              ACCESS TO LOCAL FOODS.

    (a) In General.--Section 19 of the Child Nutrition Act of 1966 (42 
U.S.C. 1788) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Purpose.--It is the purpose of this section to establish a 
system of grants to State educational agencies to support effective 
nutrition education through assistance to State agencies, schools, and 
nonprofit entities for Team Nutrition and other nutrition education 
projects that improve student understanding of healthful eating 
patterns, the quality of school meals and access to local foods in 
schools and institutions operating programs under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 
4 of this Act.'';
            (2) by striking subsections (c) through (h) and inserting 
        after subsection (b) the following:
    ``(c) Team Nutrition Network.--
            ``(1) Purpose.--The purpose of the Team Nutrition Network 
        is to--
                    ``(A) promote the nutritional health of the 
                Nation's school children through nutrition education, 
                physical fitness and other activities that support 
                healthy lifestyles for children;
                    ``(B) provide grants to States for the development 
                of State-wide, comprehensive, and integrated nutrition 
                education and physical fitness programs; and
                    ``(C) provide training and technical assistance to 
                States, school and community nutrition programs, and 
                child nutrition food service professionals.
            ``(2) State coordinator.--The State Team Nutrition Network 
        Coordinator shall--
                    ``(A) administer and coordinate a comprehensive 
                integrated statewide nutrition education program; and
                    ``(B) coordinate efforts with the Food and 
                Nutrition Service and State agencies responsible for 
                children's health programs.
            ``(3) Team nutrition network.--The Secretary, in 
        consultation with the Secretary of Education, shall, on a 
        competitive basis, provide assistance to States for the purpose 
        of creating model nutrition education and physical fitness 
        programs, consistent with current dietary and fitness 
        guidelines, for students in elementary schools and secondary 
        schools.
            ``(4) Requirements for state participation.--To be eligible 
        to receive assistance under this subsection, a State 
        Coordinator shall submit an application to the Secretary at 
        such time, an in such manner, and containing such information 
        as the Secretary may require, including--
                    ``(A) a description of how the proposed nutrition 
                and physical activity program will promote healthy 
                eating and physical fitness and address the health and 
                social consequences of children who are overweight or 
                obese;
                    ``(B) information describing how nutrition 
                activities are to be coordinated at the State level 
                with other health activities conducted by education, 
                health and agriculture agencies;
                    ``(C) information describing how physical fitness 
                activities are to be coordinated at the State level 
                with other fitness activities conducted by education, 
                health, and parks and recreation agencies;
                    ``(D) a description of the consultative process 
                that the State Coordinator employed in the development 
                of the model nutrition and physical fitness program, 
                including consultations with individuals and 
                organizations with expertise in promoting public 
                health, nutrition, or physical activity, and 
                organizations representing the agriculture, food and 
                beverage, and fitness industries; and
                    ``(E) a description of how the State Coordinator 
                will evaluate the effectiveness of its program.
            ``(5) Duration.--Subject to the availability of funds made 
        available to carry out this subsection, a State Coordinator 
        shall conduct the project for a period of 3 successive school 
        years.
            ``(6) Authorized activities.--An eligible applicant that 
        receives assistance under this subsection may use funds to 
        carry out one or more of the following activities:
            ``(7) Use of funds.--Funds authorized under paragraph (3) 
        may be used for--
                    ``(A) collecting, analyzing, and disseminating data 
                regarding the extent to which children and youth in the 
                State are overweight or physically inactive and the 
                programs and services available to meet those needs;
                    ``(B) developing and implementing model elementary 
                and secondary education curricula to create a 
                comprehensive, coordinated nutrition and physical 
                fitness awareness and obesity prevention program;
                    ``(C) developing and implementing pilot programs in 
                schools to increase physical fitness and to enhance the 
                nutritional status of students, including through the 
                increased consumption of fruits and vegetables, whole 
                grains, and lowfat dairy products;
                    ``(D) developing and implementing State guidelines 
                in health, which include nutrition education, and 
                physical education and emphasize regular physical 
                activity during school hours;
                    ``(E) collaborating with community based 
                organizations, volunteer organizations, State medical 
                associations, and public health groups to develop and 
                implement nutrition and physical education programs 
                targeting lower income children, ethnic minorities, and 
                youth at a greater risk for obesity;
                    ``(F) collaborating with public or private 
                organizations that have as a mission the raising of 
                public awareness of the importance of a balanced diet 
                and an active lifestyles; and
                    ``(G) providing training and technical assistance 
                to teachers and school food service professionals 
                consistent with the purpose of this section.
            ``(8) Limitation.--Materials prepared under this subsection 
        regarding agricultural commodity, food, or beverages must be 
        factual and without bias.
            ``(9) Report.--Within 18 months of completion of the 
        projects and the evaluations, the Secretary shall submit to the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate and the Committee on Agriculture, 
        Nutrition and Forestry of the Senate a report describing the 
        results of the evaluation of the demonstration programs and 
        shall make such reports available to the public, including 
        through the Internet.
    ``(d) Local Nutrition and Physical Fitness Project.--
            ``(1) In general.--Subject to the availability of funds 
        made available, the Secretary, in consultation with the 
        Secretary of Education, shall provide assistance to not more 
        than 100 local educational agencies, at least one per State, 
        for the establishment of pilot projects for purposes of 
        promoting healthy eating habits and increasing physical 
        fitness, consistent with the Dietary Guidelines for Americans 
        established by the Department of Agriculture, among elementary 
        and secondary education students.
            ``(2) Requirement for participation in pilot project.--To 
        be eligible to receive assistance under this subsection, a 
        local educational agency shall, in consultation with 
        individuals who possess education or experience appropriate for 
        representing the general field of public health, including 
        nutrition and fitness professionals, submit to the Secretary an 
        application that shall include--
                    ``(A) a description of the local educational 
                agency's need for nutrition and fitness programs;
                    ``(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 funds under this 
                subsection will be coordinated with other programs 
                under this Act, the Richard B. Russell National School 
                Lunch Act, or other Acts, as appropriate, to improve 
                student health and nutrition;
                    ``(D) a statement of the local educational agency's 
                measurable goals for nutrition and fitness education 
                and promotion;
                    ``(E) a description of how the proposed project 
                will be aligned with the local wellness policy required 
                under the Act; and
                    ``(F) a description of the procedures the agency 
                will use for assessing and publicly reporting progress 
                toward meeting those goals.
            ``(3) Duration.--Subject to the availability of funds made 
        available to carry out this subsection, a local educational 
        agency receiving assistance under this subsection shall conduct 
        the project during a period of 3 successive school years.
            ``(4) Authorized activities.--An eligible applicant that 
        receives assistance under this subsection--
                    ``(A) shall use funds provided to--
                            ``(i) promote healthy eating through the 
                        development and implementation of nutrition 
                        education programs and curricula;
                            ``(ii) increase opportunities for physical 
                        activity through after school programs, 
                        athletics, intramural activities, and recess; 
                        and
                    ``(B) may use funds provided to--
                            ``(i) educate parents and students about 
                        the relationship of a poor diet and inactivity 
                        to obesity and other health problems;
                            ``(ii) develop and implementing physical 
                        education programs that promote fitness and 
                        lifelong activity;
                            ``(iii) provide training and technical 
                        assistance to food service professionals to 
                        develop nutritious, more appealing menus and 
                        recipes;
                            ``(iv) incorporate nutrition education into 
                        physical education, health education, and after 
                        school programs, including athletics;
                            ``(v) involve parents, food service staff, 
                        educators, community leaders, and other 
                        interested parties in assessing the food 
                        options in the school environment and 
                        developing and implementing an action plan to 
                        promote a balanced and healthy diet;
                            ``(vi) provide nutrient content or 
                        nutrition information on meals served through 
                        the school lunch or school breakfast programs 
                        and items sold a la carte during meal times;
                            ``(vii) encourage the increased consumption 
                        of a variety of healthy foods through new 
                        initiatives such as salad bars and fresh fruit 
                        bars; and
                            ``(viii) provide nutrition education, 
                        including sports nutrition education, for 
                        teachers, coaches, food service staff, athletic 
                        trainers, and school nurses.
            ``(5) Limitation.--Materials prepared under this subsection 
        regarding agricultural commodity, food, or beverages must be 
        factual and without bias.
            ``(6) Report.--Within 18 months of completion of the 
        projects and evaluations, the Secretary shall transmit to the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions and the Committee on Agriculture, Nutrition and 
        Forestry of the Senate a report describing the results of the 
        evaluation of the pilot projects and shall make such reports 
        available to the public, including through the Internet.
    ``(e) Nutrition Education Support.--
            ``(1) In general.--In carrying out the purpose of this 
        section to support nutrition education, the Secretary may 
        provide for technical assistance and grants to improve the 
        quality of school meals and access to local foods in schools 
        and institutions.
            ``(2) Meal quality improvement.--The Secretary may provide 
        assistance to enable State educational agencies to--
                    ``(A) implement the recommendations of the 
                Secretary's School Meals Initiative for Healthy 
                Children;
                    ``(B) increase the consumption of fruits, 
                vegetables, low-fat dairy products, and whole grains;
                    ``(C) reduce saturated fat and sodium in school 
                meals;
                    ``(D) improve school nutritional environments; and
                    ``(E) conduct other activities that aid schools in 
                carrying out the Secretary's School Meals Initiative 
                for Healthy Children.
            ``(3) Access to local foods.--The Secretary may provide 
        assistance, through competitive matching grants and technical 
        assistance, to schools and nonprofit entities for projects 
        that--
                    ``(A) improve access to local foods in schools and 
                institutions participating in programs under the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1751 et seq.) and Section 4 of this Act through farm-
                to-cafeteria activities that may include the 
                acquisition of food and appropriate equipment and the 
                provision of training and education;
                    ``(B) are, at a minimum, designed to procure local 
                foods from small- and medium-sized farms for school 
                meals;
                    ``(C) support nutrition education activities or 
                curriculum planning that incorporates the participation 
                of schoolchildren in farm and agriculture education 
                activities;
                    ``(D) develop a sustained commitment to farm-to-
                cafeteria projects in the community by linking schools, 
                agricultural producers, parents, and other community 
                stakeholders;
                    ``(E) require $100,000 or less in Federal 
                contributions;
                    ``(F) require a Federal share of costs not to 
                exceed 75 percent;
                    ``(G) provide matching support in the form of cash 
                or in kind contributions (including facilities, 
                equipment, or services provided by State and local 
                governments and private sources); and
                    ``(H) cooperate in an evaluation to be carried out 
                by the Secretary.''; and
            (3) in subsection (i)--
                    (A) in paragraph (1), by striking subparagraph (B);
                    (B) by striking paragraph (3).
    (b) Conforming Amendments.--Section 19 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1788) is further amended--
            (1) in subsection (d)(4), by striking ``the provisions of 
        this subsection'' and inserting ``the program'';
            (2) in subsection (d)(5), by striking ``the provisions of 
        this subsection'' and inserting ``the program'';
            (3) in subsection (f)(1), by inserting ``,other than funds 
        made available for activities under subsection (i),'' after 
        ``under this section'';
            (4) in subsection (g), by inserting ``schools, and 
        nonprofit entities'' after ``State educational agencies'' both 
        times it appears;
            (5) in subsection (h)(1), by inserting ``, other than 
        assistance provided under subsection (i)'' after ``under this 
        section'';
            (6) in subsection (h)(2), by inserting ``,other than funds 
        authorized under subsection (i)'' after ``by this section''; 
        and
            (7) in subsection (j), as redesignated by subsection (a) of 
        this section--
                    (A) in paragraph (1)(A), by striking ``2003'' and 
                inserting ``2009'';
                    (B) in paragraph (1)(B)(i) by inserting ``for 
                activities and programs conducted under subsections (d) 
                through (h)'' after ``Grants'';
                    (C) in paragraph (2) by inserting ``for activities 
                and programs conducted under subsections (d) through 
                (h)'' after ``made available''; and
                    (D) in paragraph (3) by striking ``this 
                subsection'' and inserting ``paragraph (1)(B)''.

SEC. 303. FRUITS AND VEGETABLE COMMODITIES.

    Section 6(c)(1)(D) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1755(c)(1)(D)) is amended by inserting ``, and fruits 
and vegetables'' before the period.

SEC. 304. FRUIT AND VEGETABLE PILOT PROGRAM.

    Section 18(f) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769) (as redesignated by this Act) is amended--
            (1) in paragraph (1), by striking ``In the school year 
        beginning'' and inserting ``Beginning''
            (2) by striking paragraph (3) and redesignating paragraphs 
        (2) and (4) as paragraphs (4) and (5), respectively, and 
        inserting after paragraph (1) the following:
            ``(2) Additional states.--In addition to the States 
        participating under subsection (1), the Secretary shall make 
        available free fresh and dried fruits and fresh vegetables to 
        students in 25 elementary or secondary schools in each of 4 
        additional States, and 1 Indian reservation.
            ``(3) Selection of schools.--
                    ``(A) In general.--In selecting additional schools 
                to participate in the pilot program authorized by this 
                subsection, 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 pilot program 
                                signed by the school food manager, the 
                                school principal, and the district 
                                superintendent (or their equivalent 
                                positions, as determined by the 
                                school); and
                                    ``(III) a plan for implementation 
                                of the pilot program that includes a 
                                local partnership with an entity or 
                                entities of the fruit and vegetable 
                                industry, which shall contribute not 
                                less than 15 percent, in cash or in 
                                kind, for the acquisition, handling, 
                                and distribution of fresh and dried 
                                fruits and fresh vegetables provided 
                                under this program; and
                                    ``(IV) such other information as 
                                may be requested by the Secretary; and
                            ``(iii) for each application received, 
                        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
            (4) by amending paragraph (5) (as redesignated by this 
        section) to read as follows:
            ``(5) Funding.--The Secretary shall use $50,000,000 of the 
        funds made available under section 32 of the Act of August 24, 
        1935 (7 U.S.C. 612c) for fiscal years 2004 through 2009, to 
        carry out this subsection.''.

SEC. 305. FLUID MILK.

    (a) In General.--Section 9(a)(2) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(a)(2)) is amended to read as follows:
            ``(2) Fluid milk.--
                    ``(A) In general.--Lunches served by schools 
                participating in the school lunch 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, upon 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.--
                            ``(i) Standards for substitution.--Schools 
                        may substitute for the fluid milk provided 
                        under subparagraph (A), a non-dairy beverage 
                        that is nutritionally equivalent to fluid milk 
                        and meets nutritional standards as 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.--Such substitutions may be 
                        made if the school notifies the State agency 
                        that it is implementing a variation allowed 
                        under this subparagraph, and if such 
                        substitution is requested by written statement 
                        of a medical authority or by a student's parent 
                        or legal guardian that identifies the medical 
                        or other special dietary need that restricts 
                        the student's diet, provided that the school 
                        shall not be required to provide beverages 
                        other than those it has identified as 
                        acceptable substitutes.
                            ``(iii) Excess expenses borne by the school 
                        district.--Expenses incurred in providing 
                        substitutions pursuant to this subparagraph 
                        that are in excess of those covered by 
                        reimbursements under this Act shall be paid by 
                        the school district.''.

SEC. 306. WAIVER OF REQUIREMENTS FOR WEIGHTED AVERAGES FOR NUTRIENT 
              ANALYSIS.

    Section 9(f)(5) of the Richard B. Russell National School Lunch Act 
(42 U.S.C 1758(f)(5)) is amended to read as follows:
            ``(5) Waiver of requirements for weighted averages for 
        nutrient analysis.--State educational agencies may grant 
        waivers to school food authorities to the requirement for 
        weighted averages for nutrient analysis of menu items and foods 
        offered or served as part of a meal offered or served under the 
        school lunch program under this Act or the school breakfast 
        program under section 4 of the Child Nutrition Act of 1966 (42 
        U.S.C. 1773) if--
                    ``(A) the school food authority has an equivalent 
                system for conducting a nutrient analysis, subject to 
                State agency approval; and
                    ``(B) the equivalent system adequately documents 
                the extent to which the school food authority is 
                meeting the Dietary Guidelines for Americans and other 
                nutrition standards. ''.

SEC. 307. WHOLE GRAINS.

    Not later than 12 months after the date of enactment of this Act, 
the Secretary shall issue guidance, based on Federal nutrition 
guidelines, to inform school food authorities and other sponsors of 
strategies to increase the presence of whole grains in foods offered in 
school nutrition programs under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.).

SEC. 308. STUDY ON HEALTHY SCHOOL ENVIRONMENTS.

    Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is 
amended by adding at the end the following:
    ``(d) Study.--
            ``(1) In general.--The Secretary shall enter into an 
        agreement with a science-based organization to conduct a 12 
        month study, based on sound nutritional science, to determine 
        appropriate nutritional standards for foods available to 
        students in school. The study shall take into consideration the 
        role of all foods available to students in school as they 
        relate to the total daily dietary intake of students 
        participating in the school foods program. The organization 
        conducting the study shall transmit a report of the study, 
        including recommendations to the Secretary within 12 months 
        after the date of enactment of this subsection.
            ``(2) Dissemination.--Upon receipt of recommendations, the 
        Secretary shall disseminate such recommendations to States and 
        local educational agencies via the Internet and other methods 
        of dissemination.
            ``(3) Technical assistance.--Not less than 120 days after 
        receipt of recommendations, the Secretary shall provide 
        technical assistance to schools, upon their request, on how to 
        implement such recommendations.''.

      TITLE IV--IMPROVING THE WOMEN, INFANTS, AND CHILDREN PROGRAM

SEC. 401. DEFINITION OF NUTRITION EDUCATION.

    Section 17(b)(7) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(b)(7)) is amended--
            (1) by inserting ``and physical activity,'' after ``dietary 
        habits''; and
            (2) by striking ``nutrition and health'' and inserting 
        ``nutrition, health, and child development''.

SEC. 402. DEFINITION OF SUPPLEMENTAL FOODS.

    Section 17(b)(14) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(b)(14)) is amended by inserting after ``children'' the following: 
``and foods that promote health as indicated in the most recent Dietary 
Guidelines for Americans published under section 301 of the National 
Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 
5341)''.

SEC. 403. IMPROVING CERTIFICATION.

    (a) Certification of Women Who Are Breastfeeding.--Section 
17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(d)(3)(A)) is amended by adding at the end the following: ``A State 
may certify breast-feeding women for up to 1 year, or until women stop 
breast-feeding, whichever is earlier.''
    (b) Physical Presence Requirement.--Section 17(d)(3)(C)(ii) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(ii)) is amended--
            (1) in subclause (I)(bb), by striking ``from a provider 
        other than the local agency; or'' and inserting a semicolon;
            (2) in subclause (II)(cc), by striking the period at the 
        end and inserting ``; and''; and
            (3) by inserting after subclause (II) the following:
                                    ``(III) an infant under 8 weeks of 
                                age--
                                            ``(aa) who cannot be 
                                        present at certification for a 
                                        reason determined appropriate 
                                        by the local agency; and
                                            ``(bb) for whom all 
                                        necessary certification 
                                        information is provided.''.
    (c) Rescheduling Policies.--Section 17(f)(19) of the Child 
Nutrition Act of 1966 is amended--
            (1) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) require local agencies to permit an applicant or 
        participant to reschedule an appointment to apply or be 
        recertified for the program.''.

SEC. 404. REVIEWS OF AVAILABLE SUPPLEMENTAL FOODS.

    (a) Scientific Review.--Section 17(f)(11) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(f)(11)) is amended to read as follows:
    ``(11)(A) The Secretary shall prescribe by regulations the 
supplemental foods to be made available in the program under this 
section. To the degree possible the Secretary shall ensure that the 
fat, sugar, and salt content of the prescribed foods is appropriate.
    ``(B) Beginning in 2013 and every 10 years thereafter, or more 
frequently if determined by the Secretary to be necessary to reflect 
current scientific knowledge, the Secretary shall conduct a scientific 
review of the supplemental foods available in the program and 
recommend, as necessary, changes to reflect nutrition science, current 
public health concerns, and cultural eating patterns.''.
    (b) Rulemaking.--The Secretary shall promulgate a rule updating the 
prescribed supplemental foods available through the program authorized 
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) 
within 6 months of receiving the review of the food package for such 
program undertaken by the National Academy of Sciences, Institute of 
Medicine in September 2003.

SEC. 405. NOTIFICATION OF VIOLATIONS AND INFANT FORMULA BENEFITS.

    Section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(f)) is amended by adding at the end the following:
            ``(25) Notification of violations.--If a State agency finds 
        that a vendor has committed a violation that requires a pattern 
        of occurrences in order to impose a sanction, the State agency 
        shall notify the vendor of the initial violation in writing 
        prior to documentation of another violation, unless the State 
        agency determines that notifying the vendor would compromise 
        its investigation.
            ``(26) Infant formula benefits.--The State agency may round 
        up to the next whole can of infant formula to ensure that all 
        infants receive the full-authorized nutritional benefit 
        specified by regulation.''.

SEC. 406. COMPETITIVE BIDDING.

    Section 17(h)(8)(A) of the Child Nutrition Act of 1966 is amended 
by adding at the end the following:
                            ``(iv) Rebate invoices.--Each State agency 
                        shall have a system to ensure that infant 
                        formula rebate invoices, under competitive 
                        bidding, provide a reasonable estimate or an 
                        actual count of the number of units sold to 
                        participants in the program under this section.
                            ``(v) Cent-for-cent adjustments.--A bid 
                        solicitation for infant formula under the 
                        program made on or after October 1, 2004 shall 
                        require the manufacturer to adjust the 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; or
                                    ``(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.''.

SEC. 407. FRUIT AND VEGETABLE PROJECTS.

    Section 17(h)(10)(B)(ii) is amended by inserting after ``under this 
section'' the following: ``, which may include demonstration projects 
in up to 10 local sites, determined to be geographically and culturally 
representative of local States and Indian agencies, to evaluate the 
inclusion of fresh, frozen, or canned fruits and vegetables (to be made 
available through private funds) as an addition to the supplemental 
food provided under this section''.

SEC. 408. MANAGEMENT INFORMATION SYSTEMS.

    Section 17(h)(12) of the Child Nutrition Act of 1996 (42 U.S.C. 
1786(h)(12)) is amended--
            (1) by amending subparagraph (B) to read as follows:
                    ``(B) EBT systems.--
                            ``(i) In general.--All States that receive 
                        Federal funds for design or implementation of 
                        electronic benefit transfer (EBT) systems for 
                        the program under this section shall use 
                        technical specifications or standards, as 
                        applicable, as determined by the Secretary, 
                        except as provided in clause (ii).
                            ``(ii) Existing systems.--EBT systems for 
                        the program under this section that are in 
                        development or are issuing benefits as of the 
                        date of enactment shall be required to submit 
                        within 6 months after the date of enactment of 
                        this subparagraph a plan for compliance.
                            ``(iii) Waiver.--The Secretary may waive 
                        compliance with this subparagraph for State EBT 
                        systems for the program under this section that 
                        are issuing benefits as of the date of 
                        enactment of this subparagraph until such time 
                        that compliance is feasible.''.
            (2) by amended subparagraph (C) to read as follows:
            ``(C) Universal product codes database.--The Secretary 
        shall implement a national Universal Product Code Database for 
        use by all State agencies in carrying out the program and shall 
        make available from appropriated funds such sums as may be 
        required for hosting, hardware, and software configuration, and 
        support.''.

SEC. 409. INFANT FORMULA FRAUD PREVENTION.

    Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(h)) is further amended by adding at the end the following:
    ``(13) Approved providers of infant formula.--
            ``(A) In general.--The State agency shall maintain a list 
        of infant formula manufacturers, wholesalers, distributors, and 
        retailers approved to provide infant formula to vendors.
            ``(B) List.--The list required under paragraph (A) shall 
        include food manufacturers, wholesalers, distributors, and 
        retailers licensed in the State in accordance with State law 
        and regulations to distribute infant formula and food 
        manufacturers registered with the U.S. Food and Drug 
        Administration that provide infant formula.
            ``(C) Purchase requirement.--Vendors authorized to 
        participate in the program under this section shall purchase 
        infant formula from the list required under paragraph (A).''.

SEC. 410. STATE ALLIANCES.

    Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is 
amended--
            (1) in subsection (b) by adding at the end the following:
            ``(22) `State alliance' means 2 or more State agencies that 
        join together for the purpose of procuring infant formula by 
        soliciting competitive bids.''; and
            (2) in subsection (h)(8)(A) by adding at the end the 
        following:
                            ``(iv) Size of state alliances.--No State 
                        alliance may form among States whose infant 
                        participation exceeds 200,000 based on program 
                        participation as of October 2003, except that--
                                    ``(I) an alliance among States with 
                                a combined 200,000 infant participants 
                                as of October 2003 may continue, and 
                                may expand to include more than 200,000 
                                infants, but may not expand to include 
                                any additional State agencies that were 
                                not included in the alliance as of 
                                October 1, 2003, other than as provided 
                                in subclause (II); and
                                    ``(II) any State agency serving 
                                fewer than 5,000 infant participants as 
                                of October 2003, or any Indian Tribal 
                                Organization, may request to join any 
                                State alliance.''.

SEC. 411. LIMITS ON EXPENDITURES.

    Section 17(i)(3)(A)(ii)(I) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786(i)(3)(A)(ii)(I)) is amended by striking ``1 percent'' and 
inserting ``3 percent''.

SEC. 412. MIGRANT AND COMMUNITY HEALTH CENTERS INITIATIVE.

    Section 17(j) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(j)) is amended by striking paragraph (4) and redesignating 
paragraph (5) as paragraph (4).

SEC. 413. DEMONSTRATION PROJECTS.

    (a) Child Nutrition Act of 1966.--Section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786) is amended by striking subsection (r).
    (b) National School Lunch Act.--Section 12 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1760) is amended by 
striking subsection (p).

SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

    (a) Reauthorization of Program.--Section 17(g) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(g)) is amended by striking 
``(g)(1) There are authorized'' and all that follows through ``through 
2003.'' in paragraph (1) and inserting the following:
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section such sums as are necessary for each 
        of fiscal years 2004 through 2009.''.
    (b) Nutrition Services and Administration Funds.--Section 17(h) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended--
            (1) in paragraph (2)(A), by striking ``1995 through 2003'' 
        and inserting ``2004 through 2009''; and
            (2) in paragraph (10)(A), by striking ``1995 through 2003'' 
        and inserting ``2004 through 2009''.
    (c) Farmers' Market Nutrition Program.--Section 17(m)(9)(A)(i) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(9)) is amended to 
read as follows:
                            ``(i) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out this subsection such sums as are necessary 
                        for each of fiscal years 2004 through 2009.''.

TITLE V--REAUTHORIZATION, MISCELLANEOUS PROVISIONS, AND EFFECTIVE DATE.

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

    Section 21(a)(1) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769b-1(a)(1)) is amended to read as follows:
            ``(1) subject to the availability of and from amounts 
        appropriated pursuant to subsection (e)(1), shall provide--
                    ``(A) training and technical assistance to improve 
                the skills of individuals employed in food service 
                programs carried out under this Act, section 4 of the 
                Child Nutrition Act of 1966 (42 U.S.C. 1773), and, as 
                appropriate, other federally assisted feeding programs;
                    ``(B) training and technical assistance to States, 
                State agencies, schools, and school food authorities in 
                the procurement of goods and services for programs 
                under this Act and the Child Nutrition Act of 1966 (42 
                U.S.C. 1771 et seq.), including training and technical 
                assistance to ensure compliance with section 12(n) of 
                this Act (42 U.S.C. 1760(n)).
                    ``(C) assistance, on a competitive basis, to State 
                agencies for the purpose of aiding schools and school 
                food authorities with at least 50 percent of enrolled 
                children certified to receive free or reduced price 
                meals, in meeting the cost of acquiring or upgrading 
                technology and information management systems 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 addresses the cost savings and improvements in 
                program integrity and operations that would result from 
                the use of new or upgraded technology in--
                            ``(i) methods to ensure that there shall 
                        not be any overt identification of any such 
                        child by special tokens or tickets, announced 
                        or published list of names, or by any other 
                        means; (ii)
                            ``(ii) processing and verifying 
                        applications for free and reduced price school 
                        meals;
                            ``(iii) integrating menu planning, 
                        production, and serving data to monitor 
                        compliance with section 9(f)(1); and
                            ``(iv) establishing compatibility with 
                        statewide reporting systems.
                    ``(D) assistance, on a competitive basis, to State 
                agencies with low proportions of schools or students 
                that participate in the school breakfast program under 
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773) and that demonstrate the greatest need, for the 
                purpose of aiding schools in meeting costs associated 
                with initiating or expanding a school breakfast program 
                under section 4 of the Child Nutrition Act of 1966 (42 
                U.S.C. 1773), including outreach and informational 
                activities; and''.

SEC. 502. NOTICE OF IRRADIATED FOOD.

    Section 14 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1762a) is amended by adding at the end the following:
    ``(h) Notice of Irradiated Food.--The Secretary shall develop 
policy and establish procedures for the purchase and distribution of 
irradiated food products in Federal school meals programs. The policies 
and procedures shall ensure at a minimum that--
            ``(1) irradiated food products are made available only at 
        the request of States and school food authorities;
            ``(2) reimbursements to schools for irradiated food 
        products are equal to reimbursements to schools for non-
        irradiated products;
            ``(3) States and school food service authorities are 
        provided factual information on the science and evidence 
        regarding irradiation technology, including notice that 
        irradiation is not a substitute for safe food handling 
        techniques and any such other information necessary to promote 
        food safety in school meal programs;
            ``(4) States and school food service authorities are 
        provided model procedures for providing factual information on 
        the science and evidence regarding irradiation technology and 
        any such other information necessary to promote food safety in 
        school meals to school food service authorities, parents, and 
        students regarding irradiation technology;
            ``(5) irradiated food products distributed to the Federal 
        school meals program are labeled with a symbol or other printed 
        notice indicating that the product was treated with irradiation 
        and is prominently displayed in a clear and understandable 
        format on the container;
            ``(6) irradiated products are not commingled with non-
        irradiated products in containers; and
            ``(7) encourages schools that offer irradiated foods to 
        offer alternatives to irradiated food products as part of the 
        meal plan used by schools.''.

SEC. 503. REAUTHORIZATION OF PROGRAMS.

    (a) State Administrative Expenses.--Section 7(g) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1776(g)) is amended by striking 
``2003'' and inserting ``2009''.
    (b) Commodity Distribution Program.--
            (1) Section 14(a) of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1762a(a)) is amended by striking ``March 
        31, 2004'' and inserting ``September 30, 2009''.
            (2) Section 15(e) 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 ``April 1, 2004'' and inserting 
        ``October 1, 2009''.
    (c) Purchases of Locally Produced Foods.--Section 9(j)(2)(A) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 758(j)(2)(A)) 
is amended by striking ``2007'' and inserting ``2009''.
    (d) Training, Technical Assistance, and Food Service Management 
Institute.--Section 21(e)(1) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769b-1(e)(1)) is amended by striking ``for each 
of fiscal years 1992 through 2003'' and inserting ``for fiscal year 
2004, and such sums as may be necessary for fiscal years 2005 through 
2009''.
    (e) Compliance and Accountability.--Section 22(d) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1769c(d)) is amended by 
striking ``2003'' and inserting ``2009''.

SEC. 504. EFFECTIVE DATE.

    The amendments made by sections 101, 104, 105(a), 201, 301, 304, 
308, 408, 414, and 503 shall take effect on the date of enactment of 
this Act. The amendment made by section 202 shall take effect on July 
1, 2005. All other amendments made by this Act shall take effect 
October 1, 2004.
                                 <all>