[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2507 Reported in Senate (RS)]
Calendar No. 580
108th CONGRESS
2d Session
S. 2507
[Report No. 108-279]
To amend the Richard B. Russell National School Lunch Act and the Child
Nutrition Act of 1966 to provide children with increased access to food
and nutrition assistance, to simplify program operations and improve
program management, to reauthorize child nutrition programs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2004
Mr. Cochran, from the Committee on Agriculture, Nutrition, and
Forestry, reported the following original bill; which was read twice
and placed on the calendar
_______________________________________________________________________
A BILL
To amend the Richard B. Russell National School Lunch Act and the Child
Nutrition Act of 1966 to provide children with increased access to food
and nutrition assistance, to simplify program operations and improve
program management, to reauthorize child nutrition programs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child Nutrition
and WIC Reauthorization Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; Table of contents.
TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
Sec. 101. Nutrition promotion.
Sec. 102. Nutrition requirements.
Sec. 103. Provision of information.
Sec. 104. Direct certification.
Sec. 105. Household applications.
Sec. 106. Duration of eligibility for free or reduced price meals.
Sec. 107. Runaway, homeless, and migrant youth.
Sec. 108. Exclusion of military housing allowances.
Sec. 109. Waiver of requirement for weighted averages for nutrient
analysis.
Sec. 110. School food safety programs.
Sec. 111. Purchases of locally produced foods.
Sec. 112. Special assistance.
Sec. 113. Food and nutrition projects integrated with elementary
school curricula.
Sec. 114. Procurement training.
Sec. 115. Summer food service program for children.
Sec. 116. Commodity distribution program.
Sec. 117. Child and adult care food program.
Sec. 118. Fresh fruit and vegetable program.
Sec. 119. Summer food service rural transportation demonstration.
Sec. 120. Summer food service residential camp demonstration.
Sec. 121. Healthy school nutrition environment demonstrations.
Sec. 122. Food service program personnel professional standards
demonstration.
Sec. 123. School garden grant demonstration.
Sec. 124. Access to local foods.
Sec. 125. Childhood obesity prevention demonstration.
Sec. 126. Year round services for eligible entities.
Sec. 127. Free lunch and breakfast expansion demonstration.
Sec. 128. Training, technical assistance, and food service management
institute.
Sec. 129. Administrative error reduction.
Sec. 130. Compliance and accountability.
Sec. 131. Information clearinghouse.
Sec. 132. Program evaluation.
Sec. 133. Gleaning of fresh fruits and vegetables.
TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966
Sec. 201. Severe need assistance.
Sec. 202. State administrative expenses.
Sec. 203. World Food Prize.
Sec. 204. Special supplemental nutrition program for women, infants,
and children.
Sec. 205. Team nutrition network.
Sec. 206. Review of best practices in the breakfast program.
TITLE III--COMMODITY DISTRIBUTION PROGRAMS
Sec. 301. Commodity distribution programs.
TITLE IV--MISCELLANEOUS
Sec. 401. Food employment empowerment and development program.
TITLE V--IMPLEMENTATION
Sec. 501. Guidance and regulations.
Sec. 502. Effective dates.
TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
SEC. 101. NUTRITION PROMOTION.
The Richard B. Russell National School Lunch Act is amended by
inserting after section 4 (42 U.S.C. 1753) the following:
``SEC. 5. NUTRITION PROMOTION.
``(a) In General.--Subject to the availability of funds made
available under subsection (g), the Secretary shall make payments to
State agencies for each fiscal year, in accordance with this section,
to promote nutrition in food service programs under this Act and the
school breakfast program established under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.).
``(b) Total Amount for Each Fiscal Year.--The total amount of funds
available for a fiscal year for payments under this section shall equal
not more than the product obtained by multiplying--
``(1) \1/2\ cent; by
``(2) the number of lunches reimbursed through food service
programs under this Act during the second preceding fiscal year
in schools, institutions, and service institutions that
participate in the food service programs.
``(c) Payments to States.--
``(1) Allocation.--Subject to paragraph (2), from the
amounts of funds available under subsection (g) for a fiscal
year, the Secretary shall allocate to each State agency an
amount equal to the greater of--
``(A) a uniform base amount established by the
Secretary; or
``(B) an amount determined by the Secretary, based
on the ratio that--
``(i) the number of lunches reimbursed
through food service programs under this Act in
schools, institutions, and service institutions
in the State that participate in the food
service programs; bears to
``(ii) the number of lunches reimbursed
through the food service programs in schools,
institutions, and service institutions in all
States that participate in the food service
programs.
``(2) Reductions.--The Secretary shall reduce allocations
to State agencies qualifying for an allocation under paragraph
(1)(B), in a manner determined by the Secretary, to the extent
necessary to ensure that the total amount of funds allocated
under paragraph (1) is not greater than the amount appropriated
under subsection (g).
``(d) Use of Payments.--
``(1) Use by state agencies.--A State agency may reserve,
to support dissemination and use of nutrition messages and
materials developed by the Secretary, up to--
``(A) 5 percent of the payment received by the
State for a fiscal year under subsection (c); or
``(B) in the case of a small State (as determined
by the Secretary), a higher percentage (as determined
by the Secretary) of the payment.
``(2) Disbursement to schools and institutions.--Subject to
paragraph (3), the State agency shall disburse any remaining
amount of the payment to school food authorities and
institutions participating in food service programs described
in subsection (a) to disseminate and use nutrition messages and
materials developed by the Secretary.
``(3) Summer food service program for children.--In
addition to any amounts reserved under paragraph (1), in the
case of the summer food service program for children
established under section 13, the State agency may--
``(A) retain a portion of the funds made available
under subsection (c) (as determined by the Secretary);
and
``(B) use the funds, in connection with the
program, to disseminate and use nutrition messages and
materials developed by the Secretary.
``(e) Documentation.--A State agency, school food authority, and
institution receiving funds under this section shall maintain
documentation of nutrition promotion activities conducted under this
section.
``(f) Reallocation.--The Secretary may reallocate, to carry out
this section, any amounts made available to carry out this section that
are not obligated or expended, as determined by the Secretary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, to
remain available until expended.''.
SEC. 102. NUTRITION REQUIREMENTS.
Section 9(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(a)) is amended by striking paragraph (2) and inserting
the following:
``(2) Fluid milk.--
``(A) In general.--Lunches served by schools
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, on receipt of a written
statement from a licensed physician that
identifies the disability that restricts the
student's diet and that specifies the
substitute for fluid milk.
``(B) Substitutes.--
``(i) Standards for substitution.--A school
may substitute for the fluid milk provided
under subparagraph (A), a nondairy beverage
that is nutritionally equivalent to fluid milk
and meets nutritional standards established by
the Secretary (which shall, among other
requirements to be determined by the Secretary,
include fortification of calcium, protein,
vitamin A, and vitamin D to levels found in
cow's milk) for students who cannot consume
fluid milk because of a medical or other
special dietary need other than a disability
described in subparagraph (A)(iii).
``(ii) Notice.--The substitutions may be
made if the school notifies the State agency
that the school is implementing a variation
allowed under this subparagraph, and if the
substitution is requested by written statement
of a medical authority or by a student's parent
or legal guardian that identifies the medical
or other special dietary need that restricts
the student's diet, except that the school
shall not be required to provide beverages
other than beverages the school has identified
as acceptable substitutes.
``(iii) Excess expenses borne by school
district.--Expenses incurred in providing
substitutions under this subparagraph that are
in excess of expenses covered by reimbursements
under this Act shall be paid by the school
district.
``(C) Restrictions on sale of milk prohibited.--A
school or institution that participates in the school
lunch program under this Act shall not directly or
indirectly restrict the sale or marketing of fluid milk
products by the school (or by a person approved by the
school) at any time or any place--
``(i) on the school premises; or
``(ii) at any school-sponsored event.''.
SEC. 103. PROVISION OF INFORMATION.
Section 9(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(a)) is amended by adding at the end the following:
``(4) Provision of information.--The Secretary shall ensure
that States and school food authorities administer school
nutrition programs under this Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) in a manner that reflects
consumption recommendations--
``(A) specified in the Dietary Guidelines for
Americans; and
``(B) at the option of the Secretary, based on
other recent scientifically valid information.''.
SEC. 104. DIRECT CERTIFICATION.
(a) In General.--Section 9(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)) is amended--
(1) by redesignating paragraphs (3) through (7) as
paragraphs (9) through (13), respectively; and
(2) in paragraph (2)--
(A) in subparagraph (B)--
(i) by striking ``(B) Applications'' and
inserting the following:
``(B) Applications and descriptive material.--
``(i) In general.--Applications'';
(ii) in the second sentence, by striking
``Such forms and descriptive materials'' and
inserting the following:
``(ii) Income eligibility guidelines.--
Forms and descriptive materials distributed in
accordance with clause (i)''; and
(iii) by adding at the end the following:
``(iii) Contents of descriptive
materials.--
``(I) In general.--Descriptive
materials distributed in accordance
with clause (i) shall contain a
notification that--
``(aa) participants in the
programs listed in subclause
(II) may be eligible for free
or reduced price meals; and
``(bb) documentation may be
requested for verification of
eligibility for free or reduced
price meals.
``(II) Programs.--The programs
referred to in subclause (I)(aa) are--
``(aa) the special
supplemental nutrition program
for women, infants, and
children established by section
17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786);
``(bb) the food stamp
program established under the
Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.);
``(cc) the food
distribution program on Indian
reservations established under
section 4(b) of the Food Stamp
Act of 1977 (7 U.S.C. 2013(b));
and
``(dd) a State program
funded under the program of
block grants to States for
temporary assistance for needy
families established under part
A of title IV of the Social
Security Act (42 U.S.C. 601 et
seq.).'';
(B) by striking ``(C)(i)'' and inserting ``(3)'';
and
(C) by striking clause (ii) of subparagraph (C) (as
it existed before the amendment made by subparagraph
(B)) and all that follows through the end of
subparagraph (D) and inserting the following:
``(4) Direct certification for children in food stamp
households.--
``(A) In general.--Subject to subparagraph (D),
each State agency shall enter into an agreement with
the State agency conducting eligibility determinations
for the food stamp program established under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
``(B) Procedures.--Subject to paragraph (6), the
agreement shall establish procedures under which a
child who is a member of a household receiving
assistance under the food stamp program shall be
certified as eligible for free lunches under this Act
and free breakfasts under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.), without further
application.
``(C) Certification.--Subject to paragraph (6),
under the agreement, the school food authority
conducting eligibility determinations for a school
lunch program conducted under this Act and school
breakfast program under the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) shall certify a child who is a
member of a household receiving assistance under the
food stamp program as eligible for free lunches under
this Act and free breakfasts under the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), without further
application.
``(D) Applicability.--This paragraph applies to--
``(i) in the case of the school year
beginning July 2006, a school district that had
an enrollment of 25,000 students or more in the
preceding school year;
``(ii) in the case of the school year
beginning July 2007, a school district that had
an enrollment of 10,000 students or more in the
preceding school year; and
``(iii) in the case of the school year
beginning July 2008 and each subsequent school
year, each school food authority.''.
(b) Administration.--
(1) In general.--Section 9(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)) (as amended by
subsection (a)) is amended by inserting after paragraph (4) the
following:
``(5) Discretionary certification.--
``(A) In general.--Subject to paragraph (6), any
school food authority may certify any child as eligible
for free lunches or breakfasts, without further
application, by directly communicating with the
appropriate State or local agency to obtain
documentation of the status of the child as--
``(i) a member of a family that is
receiving assistance under the temporary
assistance for needy families program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) that the Secretary
determines complies with standards established
by the Secretary that ensure that the standards
under the State program are comparable to or
more restrictive than those in effect on June
1, 1995;
``(ii) a homeless child or youth (defined
as 1 of the individuals described in section
725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2));
``(iii) served by the runaway and homeless
youth grant program established under the
Runaway and Homeless Youth Act (42 U.S.C. 5701
et seq.); or
``(iv) a migratory child (as defined in
section 1309 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6399)).''.
``(B) Children of households receiving food
stamps.--Subject to paragraph (6), any school food
authority may certify any child as eligible for free
lunches or breakfasts, without further application, by
directly communicating with the appropriate State or
local agency to obtain documentation of the status of
the child as a member of a household that is receiving
food stamps under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.).
``(6) Use or disclosure of information.--
``(A) In general.--The use or disclosure of any
information obtained from an application for free or
reduced price meals, or from a State or local agency
referred to in paragraph (3)(F), (4), or (5), shall be
limited to--
``(i) a person directly connected with the
administration or enforcement of this Act or
the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.) (including a regulation promulgated
under either Act);
``(ii) a person directly connected with the
administration or enforcement of--
``(I) a Federal education program;
``(II) a State health or education
program administered by the State or
local educational agency (other than a
program carried out under title XIX or
XXI of the Social Security Act (42
U.S.C. 1396 et seq.; 42 U.S.C. 1397aa
et seq.)); or
``(III) a Federal, State, or local
means-tested nutrition program with
eligibility standards comparable to the
program under this section;
``(iii)(I) the Comptroller General of the
United States for audit and examination
authorized by any other provision of law; and
``(II) notwithstanding any other provision
of law, a Federal, State, or local law
enforcement official for the purpose of
investigating an alleged violation of any
program covered by this paragraph or paragraph
(3)(F), (4), or (5);
``(iv) a person directly connected with the
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 purposes of--
``(I) identifying children eligible
for benefits under, and enrolling
children in, those programs, except
that this subclause shall apply only to
the extent that the State and the
school food authority so elect; and
``(II) verifying the eligibility of
children for programs under this Act or
the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
``(v) a third party contractor described in
paragraph (3)(G)(iv).
``(B) Limitation on information provided.--
Information provided under clause (ii) or (v) of
subparagraph (A) shall be limited to the income
eligibility status of the child for whom application
for free or reduced price meal benefits is made or for
whom eligibility information is provided under
paragraph (3)(F), (4), or (5), unless the consent of
the parent or guardian of the child for whom
application for benefits was made is obtained.
``(C) Criminal penalty.--A person described in
subparagraph (A) who publishes, divulges, discloses, or
makes known in any manner, or to any extent not
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.
``(D) Requirements for waiver of confidentiality.--
A State that elects to exercise the option described in
subparagraph (A)(iv) shall ensure that any school food
authority acting in accordance with that option--
``(i) has a written agreement with 1 or
more State or local agencies administering
health programs for children under titles XIX
and XXI of the Social Security Act (42 U.S.C.
1396 et seq. and 1397aa et seq.) that requires
the health agencies to use the information
obtained under subparagraph (A) to seek to
enroll children in those health programs; and
``(ii)(I) notifies each household, the
information of which shall be disclosed under
subparagraph (A), that the information
disclosed will be used only to enroll children
in health programs referred to in subparagraph
(A)(iv); and
``(II) provides each parent or guardian of
a child in the household with an opportunity to
elect not to have the information disclosed.
``(E) Use of disclosed information.--A person to
which information is disclosed under subparagraph
(A)(iv) shall use or disclose the information only as
necessary for the purpose of enrolling children in
health programs referred to in subparagraph (A)(iv).
``(7) Free and reduced price policy statement.--
``(A) In general.--After the initial submission, a
school food authority 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 school food authority.
``(B) Routine change.--A routine change in the
policy of a school food authority (such as an annual
adjustment of the income eligibility guidelines for
free and reduced price meals) shall not be sufficient
cause for requiring the school food authority to submit
a policy statement.
``(8) Communications.--
``(A) In general.--Any communication with a
household under this subsection or subsection (d) shall
be in an understandable and uniform format and, to the
extent practicable, in a language that parents and
legal guardians can understand.
``(B) Electronic availability.--In addition to the
distribution of applications and descriptive material
in paper form as provided for in this paragraph, the
applications and material may be made available
electronically via the Internet.''.
(2) Agreement for direct certification and cooperation.--
Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is
amended by adding at the end the following:
``(u) Agreement for Direct Certification and Cooperation.--
``(1) In general.--Each State agency shall enter into an
agreement with the State agency administering the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
``(2) Contents.--The agreement shall establish procedures
that ensure that--
``(A) any child receiving benefits under this Act
shall be certified as eligible for free lunches under
the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and free breakfasts under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
without further application; and
``(B) each State agency shall cooperate in carrying
out paragraphs (3)(F) and (4) of section 9(b) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)).''.
(c) Funding.--
(1) In general.--On October 1, 2005, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture to
assist States in carrying out the amendments contained in this
section and the provisions of section 9(b)(3) of the Richard B.
Russell National School Lunch Act (as amended by section
105(a)) $9,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to assist
States in carrying out the amendments made by this section and
the provisions of section 9(b)(3) of the Richard B. Russell
National School Lunch Act (as amended by section 105(a)) the
funds transferred under paragraph (1), without further
appropriation.
(d) Conforming Amendments.--
(1) Effective July 1, 2008, paragraph (5) of section 9(b)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)) (as added by subsection (b)(1)) is amended--
(A) by striking subparagraph (B);
(B) by striking ``certification.--'' and all that
follows through ``In general.--'' and inserting
``certification.--''; and
(C) by redesignating clauses (i) through (iv) as
subparagraphs (A) through (D), respectively, and
indenting appropriately.
(2) Section 9 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758) (as amended by subsection (a)(1)) is
amended--
(A) in subsection (b)(12)(B), by striking
``paragraph (2)(C)'' and inserting ``this subsection'';
and
(B) in the second sentence of subsection (d)(1), by
striking ``subsection (b)(2)(C)'' and inserting
``subsection (b)(3)(G)''.
(3) Section 11(e) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1759a(e)) is amended in the first sentence
by striking ``section 9(b)(3)'' and inserting ``section
9(b)(9)''.
SEC. 105. HOUSEHOLD APPLICATIONS.
(a) In General.--Section 9(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)) (as amended by section 104(a)) is
amended by striking paragraph (3) and inserting the following:
``(3) Household applications.--
``(A) Definition of household application.--In this
paragraph, the term `household application' means an
application for a child of a household to receive free
or reduced price school lunches under this Act, or
school breakfasts under the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), for which an eligibility
determination is made other than under paragraph (4) or
(5).
``(B) Eligibility determination.--
``(i) In general.--An eligibility
determination shall be made on the basis of a
complete household application executed by an
adult member of the household or in accordance
with guidance issued by the Secretary.
``(ii) Electronic signatures and
applications.--A household application may be
executed using an electronic signature if--
``(I) the application is submitted
electronically; and
``(II) the electronic application
filing system meets confidentiality
standards established by the Secretary.
``(C) Children in household.--
``(i) In general.--The household
application shall identify the names of each
child in the household for whom meal benefits
are requested.
``(ii) Separate applications.--A State
educational agency or school food authority may
not request a separate application for each
child in the household that attends schools
under the same school food authority.
``(D) Verification of sample.--
``(i) Definitions.--In this subparagraph:
``(I) Error prone application.--The
term `error prone application' means an
approved household application that--
``(aa) indicates monthly
income that is within $100, or
an annual income that is within
$1,200, of the income
eligibility limitation for free
or reduced price meals; or
``(bb) in lieu of the
criteria established under item
(aa), meets criteria
established by the Secretary.
``(II) Non-response rate.--The term
`non-response rate' means (in
accordance with guidelines established
by the Secretary) the percentage of
approved household applications for
which verification information has not
been obtained by a school food
authority after attempted verification
under subparagraphs (F) and (G).
``(ii) Verification of sample.--Each school
year, a school food authority shall verify
eligibility of the children in a sample of
household applications approved for the school
year by the school food authority, as
determined by the Secretary in accordance with
this subsection.
``(iii) Sample size.--Except as otherwise
provided in this paragraph, the sample for a
school food authority for a school year shall
equal the lesser of--
``(I) 3 percent of all applications
approved by the school food authority
for the school year, as of October 1 of
the school year, selected from error
prone applications; or
``(II) 3,000 error prone
applications approved by the school
food authority for the school year, as
of October 1 of the school year.
``(iv) Alternative sample size.--
``(I) In general.--If the
conditions described in subclause (IV)
are met, the verification sample size
for a school food authority shall be
the sample size described in subclause
(II) or (III), as determined by the
school food authority.
``(II) 3,000/3 percent option.--The
sample size described in this subclause
shall be the lesser of 3,000, or 3
percent of, applications selected at
random from applications approved by
the school food authority for the
school year, as of October 1 of the
school year.
``(III) 1,000/1 percent plus
option.--
``(aa) In general.--The
sample size described in this
subclause shall be the sum of--
``(AA) the lesser
of 1,000, or 1 percent
of, all applications
approved by the school
food authority for the
school year, as of
October 1 of the school
year, selected from
error prone
applications; and
``(BB) the lesser
of 500, or \1/2\ of 1
percent of,
applications approved
by the school food
authority for the
school year, as of
October 1 of the school
year, that provide a
case number (in lieu of
income information)
showing participation
in a program described
in item (bb) selected
from those approved
applications that
provide a case number
(in lieu of income
information) verifying the participation.
``(bb) Programs.--The
programs described in this item
are--
``(AA) the food
stamp program
established under the
Food Stamp Act of 1977
(7 U.S.C. 2011 et
seq.);
``(BB) the food
distribution program on
Indian reservations
established under
section 4(b) of the
Food Stamp Act of 1977
(7 U.S.C. 2013(b)); and
``(CC) a State
program funded under
the program of block
grants to States for
temporary assistance
for needy families
established under part
A of title IV of the
Social Security Act (42
U.S.C. 601 et seq.)
that the Secretary
determines 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) Conditions.--The conditions
referred to in subclause (I) shall be
met for a school food authority for a
school year if--
``(aa) the nonresponse rate
for the school food authority
for the preceding school year
is less than 20 percent; or
``(bb) the school food
authority has more than 20,000
children approved by
application by the school food
authority as eligible for free
or reduced price meals for the
school year, as of October 1 of
the school year, and--
``(AA) the
nonresponse rate for
the preceding school
year is at least 10
percent below the
nonresponse rate for
the second preceding
school year; or
``(BB) in the case
of the school year
beginning July 2005,
the school food
authority attempts to
verify all approved
household applications
selected for
verification through
use of public agency
records from at least 2
of the programs or
sources of information
described in
subparagraph (F)(i).
``(v) Additional selected applications.--A
sample for a school food authority for a school
year under clauses (iii) and (iv)(III) shall
include the number of additional randomly
selected approved household applications that
are required to comply with the sample size
requirements in those clauses.
``(E) Preliminary review.--
``(i) In general.--Prior to conducting any
other verification activity for approved
household applications selected for
verification, the school food authority shall
ensure that the initial eligibility
determination for each approved household
application is reviewed for accuracy by an
individual other than the individual making the
initial eligibility determination, unless
otherwise determined by the Secretary.
``(ii) Correct eligibility determination.--
If the review indicates that the initial
eligibility determination is correct, the
school food authority shall verify the approved
household application.
``(iii) Incorrect eligibility
determination.--If the review indicates that
the initial eligibility determination is
incorrect, the school food authority shall (as
determined by the Secretary)--
``(I) correct the eligibility
status of the household;
``(II) notify the household of the
change;
``(III) in any case in which the
review indicates that the household is
not eligible for free or reduced-price
meals, notify the household of the
reason for the ineligibility and that
the household may reapply with income
documentation for free or reduced-price
meals; and
``(IV) in any case in which the
review indicates that the household is
eligible for free or reduced-price
meals, verify the approved household
application.
``(F) Direct verification.--
``(i) In general.--Subject to clauses (ii)
and (iii), to verify eligibility for free or
reduced price meals for approved household
applications selected for verification, the
school food authority may (in accordance with
criteria established by the Secretary) first
obtain and use income and program participation
information from a public agency
administering--
``(I) the food stamp program
established under the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.);
``(II) the food distribution
program on Indian reservations
established under section 4(b) of the
Food Stamp Act of 1977 (7 U.S.C.
2013(b));
``(III) the temporary assistance
for needy families program funded under
part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(IV) the State medicaid program
under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.); or
``(V) a similar income-tested
program or other source of information,
as determined by the Secretary.
``(ii) Free meals.--Public agency records
that may be obtained and used under clause (i)
to verify eligibility for free meals for
approved household applications selected for
verification shall include the most recent
available information (other than information
reflecting program participation or income before the 180-day period
ending on the date of application for free meals) that is relied on to
administer--
``(I) a program or source of
information described in clause (i)
(other than clause (i)(IV)); or
``(II) the State plan for medical
assistance under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.) in--
``(aa) a State in which the
income eligibility limit
applied under section
1902(l)(2)(C) of that Act (42
U.S.C. 1396a(l)(2)(C)) is not
more than 133 percent of the
income official poverty line
described in section
1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)); or
``(bb) a State that
otherwise identifies households
that have income that is not
more than 133 percent of the
income official poverty line
described in section
1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)).
``(iii) Reduced price meals.--Public agency
records that may be obtained and used under
clause (i) to verify eligibility for reduced
price meals for approved household applications
selected for verification shall include the
most recent available information (other than
information reflecting program participation or
income before the 180-day period ending on the
date of application for reduced price meals)
that is relied to administer--
``(I) a program or source of
information described in clause (i)
(other than clause (i)(IV)); or
``(II) the State plan for medical
assistance under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.) in--
``(aa) a State in which the
income eligibility limit
applied under section
1902(l)(2)(C) of that Act (42
U.S.C. 1396a(l)(2)(C)) is not
more than 185 percent of the
income official poverty line
described in section
1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)); or
``(bb) a State that
otherwise identifies households
that have income that is not
more than 185 percent of the
income official poverty line
described in section
1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)).
``(iv) Evaluation.--Not later than 3 years
after the date of implementation of this
subparagraph, the Secretary shall complete an
evaluation of--
``(I) the effectiveness of direct
verification carried out under this
subparagraph in decreasing the portion
of the verification sample that must be
verified under subparagraph (G) while
ensuring that adequate verification
information is obtained; and
``(II) the feasibility of direct
verification by State agencies and
school food authorities.
``(v) Expanded use of direct
verification.--If the Secretary determines that
direct verification significantly decreases the
portion of the verification sample that must be
verified under subparagraph (G) while ensuring
that adequate verification information is
obtained and can be conducted by most State
agencies and school food authorities, the
Secretary may require a State agency or school
food authority to implement direct verification
through 1 or more of the programs described in
clause (i), as determined by the Secretary,
unless the State agency or school food
authority demonstrates (under criteria
established by the Secretary) that the State
agency or school food authority lacks the
capacity to conduct, or is unable to implement,
direct verification.
``(G) Household verification.--
``(i) In general.--If an approved household
application is not verified through the use of
public agency records, a school food authority
shall provide to the household written notice
that--
``(I) the approved household
application has been selected for
verification; and
``(II) the household is required to
submit verification information to
confirm eligibility for free or reduced
price meals.
``(ii) Phone number.--The written notice in
clause (i) shall include a toll-free phone
number that parents and legal guardians in
households selected for verification can call
for assistance with the verification process.
``(iii) Followup activities.--If a
household does not respond to a verification
request, a school food authority shall make at
least 1 attempt to obtain the necessary
verification from the household in accordance
with guidelines and regulations promulgated by
the Secretary.
``(iv) Contract authority for school food
authorities.--A school food authority may
contract (under standards established by the
Secretary) with a third party to assist the
school food authority in carrying out clause
(iii).
``(H) Verification deadline.--
``(i) In general.--Not later than November
15 of each school year, a school food authority
shall complete the verification activities
required for the school year (including
followup activities).
``(ii) Eligibility changes.--Based on the
verification activities, the school food
authority shall make appropriate modifications
to the eligibility determinations made for
household applications in accordance with
criteria established by the Secretary.
``(I) Local conditions.--In the case of a natural
disaster, civil disorder, strike, or other local
condition (as determined by the Secretary), the
Secretary may substitute alternatives for--
``(i) the sample size and sample selection
criteria established under subparagraph (D);
and
``(ii) the verification deadline
established under subparagraph (H).
``(J) Individual review.--In accordance with
criteria established by the Secretary, the school food
authority may, on individual review--
``(i) decline to verify no more than 5
percent of approved household applications
selected under subparagraph (D); and
``(ii) replace the approved household
applications with other approved household
applications to be verified.
``(K) Feasibility study.--
``(i) In general.--The Secretary shall
conduct a study of the feasibility of using
computer technology (including data mining) to
reduce--
``(I) overcertification errors in
the school lunch program under this
Act;
``(II) waste, fraud, and abuse in
connection with this paragraph; and
``(III) errors, waste, fraud, and
abuse in other nutrition programs, as
determined to be appropriate by the
Secretary.
``(ii) Report.--Not later than 180 days
after the date of enactment of this paragraph,
the Secretary shall submit to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate a report describing--
``(I) the results of the
feasibility study conducted under this
subsection;
``(II) how a computer system using
technology described in clause (i)
could be implemented;
``(III) a plan for implementation;
and
``(IV) proposed legislation, if
necessary, to implement the system.''.
(b) Evaluation Funding.--
(1) In general.--On October 1, 2005, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture to
conduct the evaluation required by section 9(b)(3)(F)(iv) of
the Richard B. Russell National School Lunch Act (as amended by
subsection (a)) $2,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Secretary of Agriculture
shall be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under paragraph
(1), without further appropriation.
SEC. 106. DURATION OF ELIGIBILITY FOR FREE OR REDUCED PRICE MEALS.
Paragraph (9) of section 9(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C.1758(b)) (as amended by section 104(a)(1))
is amended--
(1) by striking ``(9) Any'' and inserting the following:
``(9) Eligibility for free and reduced price lunches.--
``(A) Free lunches.--Any'';
(2) by striking ``Any'' in the second sentence and
inserting the following:
``(B) Reduced price lunches.--
``(i) In general.--Any'';
(3) by striking ``The'' in the last sentence and inserting
the following:
``(ii) Maximum price.--The''; and
(4) by adding at the end the following:
``(C) Duration.--Except as otherwise specified in
paragraph (3)(E), (3)(H)(ii), and section 11(a),
eligibility for free or reduced price meals for any
school year shall remain in effect--
``(i) beginning on the date of eligibility
approval for the current school year; and
``(ii) ending on a date during the
subsequent school year determined by the
Secretary.''.
SEC. 107. RUNAWAY, HOMELESS, AND MIGRANT YOUTH.
(a) Categorical Eligibility for Free Lunches and Breakfasts.--
Section 9(b)(12)(A) of the Richard B. Russell National School Lunch Act
(as redesignated by section 104(a)(1) of this Act) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(iv) a homeless child or youth (defined as 1 of
the individuals described in section 725(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2));
``(v) served by the runaway and homeless youth
grant program established under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.); or
``(vi) a migratory child (as defined in section
1309 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6399)).''.
(b) Documentation.--Section 9(d)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(d)(2)) is amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(3) by inserting after subparagraph (C) the following:
``(D) documentation has been provided to the appropriate
school food authority showing that the child meets the criteria
specified in clauses (iv) or (v) of subsection (b)(12)(A); or
``(E) documentation has been provided to the appropriate
school food authority showing the status of the child as a
migratory child (as defined in section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6399)).''.
SEC. 108. EXCLUSION OF MILITARY HOUSING ALLOWANCES.
Section 9(b) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)) (as amended by section 104(a)(1)) is amended in
paragraph (13) by striking ``For each of fiscal years 2002 and 2003 and
through June 30, 2004, the'' and inserting ``The''.
SEC. 109. WAIVER OF REQUIREMENT FOR WEIGHTED AVERAGES FOR NUTRIENT
ANALYSIS.
Section 9(f)(5) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(f)(5)) is amended by striking ``September 30, 2003''
and inserting ``September 30, 2008''.
SEC. 110. SCHOOL FOOD SAFETY PROGRAMS.
Section 9(h) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758) is amended--
(1) in the subsection heading, by striking ``Inspections'';
and
(2) by adding at the end the following:
``(3) School food safety program.--Each school food
authority shall implement a school food safety program, in the
preparation and service of each meal served to children, that
complies with a hazard analysis and critical control point
system established by the Secretary.''.
SEC. 111. PURCHASES OF LOCALLY PRODUCED FOODS.
Section 9(j)(2)(A) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(j)(2)(A)) is amended by striking ``2007'' and
inserting ``2008''.
SEC. 112. SPECIAL ASSISTANCE.
Section 11(a)(1) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1759a(a)(1)) is amended by inserting ``or school
district'' after ``school'' each place it appears in subparagraphs (C)
through (E) (other than as part of ``school year'', ``school years'',
``school lunch'', ``school breakfast'', and ``4-school-year period'').
SEC. 113. FOOD AND NUTRITION PROJECTS INTEGRATED WITH ELEMENTARY SCHOOL
CURRICULA.
Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) is amended by striking subsection (m).
SEC. 114. PROCUREMENT TRAINING.
Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) (as amended by section 113) is amended by inserting after
subsection (l) the following:
``(m) Procurement Training.--
``(1) In general.--Subject to the availability of
appropriations under paragraph (3), the Secretary shall provide
technical assistance and training to States, State agencies,
schools, and school food authorities in the procurement of
goods and services for programs under this Act or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than
section 17 of that Act (42 U.S.C. 1786)).
``(2) Buy american training.--Activities carried out under
paragraph (1) shall include technical assistance and training
to ensure compliance with subsection (n).
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
each of fiscal years 2005 through 2008, to remain available
until expended.''.
SEC. 115. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Seamless Summer Option.--Section 13(a) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended by
adding at the end the following:
``(8) Seamless summer option.--Except as otherwise
determined by the Secretary, a service institution that is a
public or private nonprofit school food authority may provide
summer or school vacation food service in accordance with
applicable provisions of law governing the school lunch program
established under this Act or the school breakfast program
established under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.).''.
(b) Seamless Summer Reimbursements.--Section 13(b)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(1)) is
amended by adding at the end the following:
``(D) Seamless summer reimbursements.--A service
institution described in subsection (a)(8) shall be
reimbursed for meals and meal supplements in accordance
with the applicable provisions under this Act (other
than subparagraphs (A), (B), and (C) of this paragraph
and paragraph (4)) and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), as determined by the
Secretary.''.
(c) Rural Area Eligibility Demonstration for Summer Food Service.--
Section 13 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1761) is amended by inserting after subsection (h) the
following:
``(i) Rural Area Eligibility Demonstration for Summer Food
Service.--
``(1) In general.--For each of calendar years 2005 and
2006, the Secretary shall carry out a demonstration in rural
areas of a State selected by the Secretary under which the
threshold for determining `areas in which poor economic
conditions exist' under subsection (a)(1)(C) for the
demonstration authorized by this section shall be 40 percent.
``(2) Evaluation.--
``(A) In general.--The Secretary, acting through
the Administrator of the Food and Nutrition Service,
shall conduct an evaluation of the demonstration
carried out under this subsection to assess the impact
of the demonstration by comparing the areas operating
under the demonstration to comparable areas not
operating under the demonstration.
``(B) Impact.--The evaluation shall assess the
impact of the demonstration on--
``(i) the number of sponsors offering meals
through the summer food service program;
``(ii) the number of sites offering meals
through the summer food service program;
``(iii) the geographic location of the
sites;
``(iv) services provided to eligible
children; and
``(v) other factors determined by the
Secretary.
``(C) Report.--Not later than January 1, 2008, the
Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report describing the results of the
evaluation of the demonstration under this subsection.
``(D) Funding.--
``(i) In general.--On January 1, 2005, out
of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury
shall transfer to the Secretary of Agriculture
to carry out this paragraph $400,000, to remain
available until expended.
``(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive, shall
accept, and shall use to carry out this
paragraph the funds transferred under clause
(i), without further appropriation.''.
(d) Reauthorization.--Section 13(q) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(q)) is amended by striking
``June 30, 2004'' and inserting ``September 30, 2008''.
(e) Simplified Summer Food Programs.--
(1) Definition of eligible state.--Section 18(f) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769(f)) is amended by striking paragraph (1) and inserting the
following:
``(1) Definition of eligible state.--In this subsection,
the term `eligible State' means--
``(A) a State participating in the program under
this subsection as of May 1, 2004; and
``(B) a State in which (based on data available in
April 2004)--
``(i) the percentage obtained by dividing--
``(I) the sum of--
``(aa) the average daily
number of children attending
the summer food service program
in the State in July 2003; and
``(bb) the average daily
number of children receiving
free or reduced price meals
under the school lunch program
in the State in July 2003; by
``(II) the average daily number of
children receiving free or reduced
price meals under the school lunch
program in the State in March 2003; is
less than
``(ii) 66.67 percent of the percentage
obtained by dividing--
``(I) the sum of--
``(aa) the average daily
number of children attending
the summer food service program
in all States in July 2003; and
``(bb) the average daily
number of children receiving
free or reduced price meals
under the school lunch program
in all States in July 2003; by
``(II) the average daily number of
children receiving free or reduced
price meals under the school lunch
program in all States in March 2003.''.
(2) Duration.--Section 18(f)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(f)(2)) is amended by
striking ``During the period beginning October 1, 2000, and
ending June 30, 2004, the'' and inserting ``The''.
(3) Private nonprofit organizations.--Section 18(f)(3) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(f)(3)) is amended in subparagraphs (A) and (B) by striking
``(other than a service institution described in section
13(a)(7))'' both places it appears.
(4) Report.--Section 18(f) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(f)) is amended by
striking paragraph (6) and inserting the following:
``(6) Report.--Not later than April 30, 2007, the Secretary
shall submit to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that includes--
``(A) the evaluations completed by the Secretary
under paragraph (5); and
``(B) any recommendations of the Secretary
concerning the programs.''.
(5) Conforming amendments.--Section 18(f) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(f)) is
amended--
(A) by striking the subsection heading and
inserting the following:
``(f) Simplified Summer Food Programs.--'';
(B) in paragraph (2)--
(i) by striking the paragraph heading and
inserting the following:
``(2) Programs.--''; and
(ii) by striking ``pilot project'' and
inserting ``program'';
(C) in subparagraph (A) and (B) of paragraph (3),
by striking ``pilot project'' both places it appears
and inserting ``program''; and
(D) in paragraph (5)--
(i) in the paragraph heading by striking
``pilot projects'' and inserting ``programs'';
and
(ii) by striking ``pilot project'' each
place it appears and inserting ``program''.
SEC. 116. COMMODITY DISTRIBUTION PROGRAM.
Section 14(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1762a(a)) is amended by striking ``, during the period
beginning July 1, 1974, and ending June 30, 2004,''.
SEC. 117. CHILD AND ADULT CARE FOOD PROGRAM.
(a) Definition of Institution.--
(1) In general.--Section 17(a)(2)(B)(i) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766(a)(2)(B)(i))
is amended by striking ``during'' and all that follows through
``2004,''.
(2) Conforming amendment.--Section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766) is amended
by striking subsection (p).
(b) Duration of Determination as Tier I Family or Group Day Care
Home.--Section 17(f)(3)(E)(iii) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(f)(3)(E)(iii)) is amended by striking
``3 years'' and inserting ``5 years''.
(c) Audits.--Section 17(i) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(i)) is amended by striking ``(i) The''
and inserting the following:
``(i) Audits.--
``(1) Disregards.--
``(A) In general.--Subject to subparagraph (B), in
conducting management evaluations, reviews, or audits
under this section, the Secretary or a State agency may
disregard any overpayment to an institution for a
fiscal year if the total overpayment to the institution
for the fiscal year does not exceed an amount that is
consistent with the disregards allowed in other
programs under this Act and recognizes the cost of
collecting small claims, as determined by the
Secretary.
``(B) Criminal or fraud violations.--In carrying
out this paragraph, the Secretary and a State agency
shall not disregard any overpayment for which there is
evidence of a violation of a criminal law or civil
fraud law.
``(2) Funding.--The''.
(d) Duration of Agreements.--Section 17(j) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766(j)) is amended--
(1) by striking ``(j) The'' and inserting the following:
``(j) Agreements.--
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Duration.--An agreement under paragraph (1) shall
remain in effect until terminated by either party to the
agreement.''.
(e) Rural Area Eligibility Demonstration for Day Care Homes.--
Section 17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766) (as amended by subsection (a)(2)) is amended by inserting
after subsection (o) the following:
``(p) Rural Area Eligibility Demonstration for Day Care Homes.--
``(1) Definition of demonstration tier i family or group
day care home.--In this subsection, the term `demonstration
tier I family or group day care home' means a family or group
day home that meets the definition of tier I family or group
day care home under subclause (I) of subsection (f)(3)(A)(ii)
except that items (aa) and (bb) of that subclause shall be
applied by substituting `40 percent' for `50 percent'.
``(2) Demonstration.--For each of fiscal years 2006 and
2007, the Secretary shall conduct a demonstration in rural
areas of a State selected by the Secretary under which
demonstration tier I family or group day care homes (as defined
in paragraph (1)) shall be provided reimbursement under
subsection (f)(3) in the same manner as tier I family or group
day care homes (as defined in subsection (f)(3)(A)(ii)(I)).
``(3) Evaluation.--
``(A) In general.--The Secretary, acting through
the Administrator of the Food and Nutrition Service,
shall conduct an evaluation of the demonstration
carried out under this subsection to assess the impact
of the demonstration by comparing the areas operating
under the demonstration to comparable areas not
operating under the demonstration.
``(B) Impact.--The evaluation shall assess the
impact of the demonstration on--
``(i) the number of family or group day
care homes offering meals under this section;
``(ii) the number of family or group day
care homes offering meals under this section
that are defined as tier I family or group day
care homes as a result of the demonstration
conducted under this subsection that otherwise
would be defined as tier II family or group day
care homes under subsection (f)(3)(A)(iii);
``(iii) the geographic location of the
family or group day care homes;
``(iv) services provided to eligible
children; and
``(v) other factors determined by the
Secretary.
``(C) Report.--Not later than March 31, 2008, the
Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report describing the results of the
evaluation of the demonstration under this subsection.
``(D) Funding.--
``(i) In general.--On October 1, 2005, out
of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury
shall transfer to the Secretary of Agriculture
to carry out this paragraph $400,000, to remain
available until expended.
``(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive, shall
accept, and shall use to carry out this
paragraph the funds transferred under clause
(i), without further appropriation.''.
(f) Management Support.--Section 17(q)(3) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(q)(3)) is amended by striking
``1999 through 2003'' and inserting ``2005 and 2006''.
(g) Age Limits.--Section 17(t)(5)(A)(i) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(t)(5)(A)(i) is amended--
(1) in subclause (I)--
(A) by striking ``12'' and inserting ``18''; and
(B) by inserting ``or'' after the semicolon;
(2) by striking subclause (II); and
(3) by redesignating subclause (III) as subclause (II).
(h) Technical Amendments.--Section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766) is amended--
(1) in subsection (a)(6)(B), by inserting ``and adult''
after ``child''; and
(2) in subsection (t)(3), by striking ``subsection (a)(1)''
and inserting ``subsection (a)(5)''.
(i) Paperwork Reduction.--The Secretary of Agriculture, in
conjunction with States and participating institutions, shall examine
the feasibility of reducing paperwork resulting from regulations and
recordkeeping requirements for State agencies, family child care homes,
child care centers, and sponsoring organizations participating in the
child and adult care food program established under section 17 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1766).
SEC. 118. FRESH FRUIT AND VEGETABLE PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by striking subsection (g) and inserting the
following:
``(g) Fresh Fruit and Vegetable Program.--
``(1) In general.--For the school year beginning July 2004
and each subsequent school year, the Secretary shall carry out
a program to make free fresh fruits and vegetables available,
to the maximum extent practicable, to--
``(A) 25 elementary or secondary schools in each of
the 4 States authorized to participate in the program
under this subsection on May 1, 2004;
``(B) 25 elementary or secondary schools (as
selected by the Secretary in accordance with paragraph
(3)) in each of 4 States (including a State for which
funds were allocated under the program described in
paragraph (3)(B)(ii)) that are not participating in the
program under this subsection on May 1, 2004; and
``(C) 25 elementary or secondary schools operated
on 3 Indian reservations (including the reservation
authorized to participate in the program under this
subsection on May 1, 2004), as selected by the
Secretary.
``(2) Program.--A school participating in the program shall
make free fresh fruits and vegetables available to students
throughout the school day in 1 or more areas designated by the
school.
``(3) Selection of schools.--
``(A) In general.--Except as provided in
subparagraph (B), in selecting additional schools to
participate in the program under paragraph (1)(B), the
Secretary shall--
``(i) to the maximum extent practicable,
ensure that the majority of schools selected
are those in which not less than 50 percent of
students are eligible for free or reduced price
meals under this Act;
``(ii) solicit applications from interested
schools that include--
``(I) information pertaining to the
percentage of students enrolled in the
school submitting the application who
are eligible for free or reduced price
school lunches under this Act;
``(II) a certification of support
for participation in the program signed
by the school food manager, the school
principal, and the district
superintendent (or equivalent
positions, as determined by the
school); and
``(III) 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.
``(B) Nonapplicability to existing participants.--
Subparagraph (A) shall not apply to a school, State, or
Indian reservation authorized--
``(i) to participate in the program on May
1, 2004; or
``(ii) to receive funding for free fruits
and vegetables under funds provided for public
health improvement under the heading `disease
control, research, and training' under the
heading `Centers for Disease Control and
Prevention' in title II of the Departments of
Labor, Health and Human Services, and
Education, and Related Agencies Appropriations
Act, 2004 (Division E of Public Law 108-199;
118 Stat. 238).
``(4) Notice of availability.--To be eligible to
participate in the program under this subsection, a school
shall widely publicize within the school the availability of
free fresh fruits and vegetables under the program.
``(5) Reports.--
``(A) Interim reports.--Not later than September 30
of each of fiscal years 2005 through 2008, the
Secretary, acting through the Administrator of the Food and Nutrition
Service, shall submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an interim report that describes
the activities carried out under this subsection during the fiscal year
covered by the report.
``(B) Final report.--Not later than December 31,
2008, the Secretary, acting through the Administrator
of the Food and Nutrition Service, shall submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a final report
that describes the results of the program under this
subsection.
``(6) Funding.--
``(A) Existing funds.--The Secretary shall use to
carry out this subsection any funds that remain under
this subsection on the day before the date of enactment
of this subparagraph.
``(B) Mandatory funds.--
``(i) In general.--On October 1, 2004, and
on each October 1 thereafter, out of any funds
in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary of Agriculture to carry out this
subsection $9,000,000, to remain available
until expended.
``(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive, shall
accept, and shall use to carry out this
subsection the funds made available under this
subparagraph, without further appropriation.
``(C) Authorization of appropriations.--In addition
to any amounts made available under subparagraphs (A)
and (B), there are authorized to be appropriated such
sums as are necessary to expand the program carried out
under this subsection.
``(D) Reallocation.--The Secretary may reallocate
any amounts made available to carry out this subsection
that are not obligated or expended, as determined by
the Secretary.''.
SEC. 119. SUMMER FOOD SERVICE RURAL TRANSPORTATION DEMONSTRATION.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
``(h) Summer Food Service Rural Transportation Demonstration.--
``(1) In general.--The Secretary shall carry out a
demonstration under which grants are provided, through not more
than 5 eligible State agencies selected by the Secretary, to
not more than 60 eligible service institutions selected by the
Secretary to increase participation in the summer food service
program for children authorized by section 13 through
innovative approaches to limited transportation in rural areas.
``(2) Eligibility.--To be eligible to participate in the
demonstration under this subsection--
``(A) a State agency shall--
``(i) submit an application to the
Secretary, in such manner as the Secretary
shall establish, and meet criteria established
by the Secretary;
``(ii) provide such information relating to
the operation and results of the demonstration
as the Secretary may require;
``(iii) provide technical assistance to
participating service institutions; and
``(iv) establish procedures that ensure
that service institutions making purchases
under this subsection meet any criteria
established by the Secretary and secure State
agency approval prior to a purchase; and
``(B) a service institution shall--
``(i) agree to the terms and conditions of
the grant, as established by the Secretary;
``(ii) provide such information relating to
the operation and results of the demonstration
as the Secretary may require; and
``(iii) not have a history of violations of
this Act or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), as determined by the
Secretary.
``(3) Duration.--A service institution that receives a
grant to carry out a demonstration under this subsection shall
conduct the demonstration during a period of 3 successive
years, beginning in fiscal year 2005.
``(4) Reports.--The Secretary shall submit to the Committee
on Education and the Workforce of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate--
``(A) not later than January 1, 2007, an interim
report that describes--
``(i) the use of funds made available under
this subsection; and
``(ii) any progress made by each
demonstration carried out under this
subsection; and
``(B) not later than January 1, 2009, a final
report that describes--
``(i) the use of funds made available under
this subsection;
``(ii) any progress made by each
demonstration carried out under this
subsection;
``(iii) the impact of the demonstrations on
participation in the summer food service
program for children authorized by section 13;
and
``(iv) any recommendations by the Secretary
concerning the activities of the service
institutions receiving grants under this subsection.
``(5) Funding.--
``(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
to carry out this section--
``(i) on October 1, 2005, $2,000,000; and
``(ii) on October 1, 2006, and October 1,
2007, $1,000,000.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
``(C) Availability of funds.--Funds transferred
under subparagraph (A) shall remain available until
expended.
``(D) Reallocation.--The Secretary may reallocate
any amounts made available to carry out this subsection
that are not obligated or expended, as determined by
the Secretary.''.
SEC. 120. SUMMER FOOD SERVICE RESIDENTIAL CAMP DEMONSTRATION.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) (as amended by section 119) is amended by adding at the
end the following:
``(i) Summer Food Service Residential Camp Demonstration.--
``(1) In general.--During the month after the date of
enactment of this subsection through September, 2004, and the
months of May through September, 2005, the Secretary shall
carry out a demonstration, at not more than 1 private nonprofit
residential camp in each of not more than 2 States, as
determined by the Secretary, for the purpose of identifying and
evaluating alternative methods of determining the eligibility
of residential private nonprofit camps to participate in the
summer food service program for children established under
section 13.
``(2) Eligibility.--To be eligible to participate in the
demonstration, a residential camp--
``(A) shall be a service institution (as defined in
section 13(a)(1));
``(B) may not charge a fee to any child in
residence at the camp; and
``(C) shall serve children who reside in an area in
which poor economic conditions exist (as defined in
section 13(a)(1)).
``(3) Payments.--
``(A) In general.--Under the demonstration, the
Secretary shall provide reimbursement for meals served
to all children at a residential camp at the payment
rates specified in section 13(b)(1).
``(B) Reimbursable meals.--A residential camp
participating in the demonstration may receive
reimbursement for not more than 3 meals, or 2 meals and
1 supplement, during each day of operation.
``(4) Evaluation of demonstrations.--
``(A) Information from residential camps.--Not
later than December 31, 2005, a residential camp
participating in the demonstration shall report to the
Secretary such information as is required by the
Secretary concerning participation in the
demonstration.
``(B) Report to congress.--Not later than March 31,
2006, the Secretary shall submit to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
evaluates the results of the demonstration.''.
SEC. 121. HEALTHY SCHOOL NUTRITION ENVIRONMENT DEMONSTRATIONS.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) (as amended by section 120) is amended by adding at the
end the following:
``(j) Healthy School Nutrition Environment Demonstrations.--
``(1) In general.--Subject to the availability of funds
under paragraph (6), the Secretary shall conduct demonstrations
in selected elementary and secondary schools--
``(A) to create healthy school nutrition
environments; and
``(B) to assess the impact of the environments on
the health and well-being of children enrolled in the
schools.
``(2) Selection of schools.--In selecting schools for
participation in demonstrations under this subsection, the
Secretary shall select schools in a manner that--
``(A) provides for an equitable distribution of
demonstrations among--
``(i) urban, suburban, and rural schools;
and
``(ii) schools with varying family income
levels; and
``(B) permits the evaluation of demonstrations
designed by the Secretary.
``(3) Assessment of nutritional environments and
achievement of certification criteria.--In carrying out this
subsection, for the first school year for which funds are made
available, the Secretary shall make a grant to each selected
school to assist the school in--
``(A) conducting an assessment of the nutritional
environment of the school, in accordance with
procedures established by the Secretary; and
``(B) meeting the certification criteria specified
in paragraph (4)(B).
``(4) Incentive grants for healthy school nutrition
environments.--
``(A) In general.--In carrying out this subsection,
for each subsequent school year, the Secretary shall
make a grant to each selected school that meets the
certification criteria specified in subparagraph (B) to
assist the school in conducting--
``(i) meal service activities under the
nonprofit school food service program of the
school; and
``(ii) other activities that the Secretary
determines are consistent with a healthy school
nutrition environment.
``(B) Certification criteria.--To be certified as a
school that meets healthy school nutrition environment
criteria under subparagraph (A), the school shall meet
criteria established by the Secretary, that include (at
a minimum)--
``(i) providing program meals that meet the
nutritional standards for breakfasts and
lunches established by the Secretary;
``(ii) offering healthy food choices
outside program meals, such as offering healthy
foods in vending machines, school stores, and
other venues;
``(iii) promoting the consumption of fruits
and vegetables;
``(iv) providing nutrition education to
staff and to students in an understandable and
uniform format and, to the extent practicable,
in a language that students can understand; and
``(v) meeting other criteria established by
the Secretary.
``(5) Evaluations.--
``(A) In general.--In carrying out this subsection,
the Secretary, acting through the Administrator of the
Food and Nutrition Service, shall conduct an evaluation
of schools that conduct demonstrations under this
subsection.
``(B) Content.--The evaluation shall measure, at a
minimum, the effects of a healthy school nutrition
environment on--
``(i) overweight children and obesity;
``(ii) dietary intake;
``(iii) nutrition education and behavior;
``(iv) the adequacy of time to eat;
``(v) physical activities;
``(vi) parental and student attitudes and
participation; and
``(vii) related funding issues, including
the cost of maintaining a healthy school
nutrition environment.
``(C) Reports.--In carrying out this subsection,
the Secretary shall submit to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report on the
activities of schools participating in demonstrations
under this subsection.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection such sums as
are necessary, to remain available until expended.''.
SEC. 122. FOOD SERVICE PROGRAM PERSONNEL PROFESSIONAL STANDARDS
DEMONSTRATION.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) (as amended by section 121) is amended by adding at the
end the following:
``(k) Food Service Program Personnel Professional Standards
Demonstration.--
``(1) In general.--Subject to the availability of funds
under paragraph (5), the Secretary shall carry out a
demonstration--
``(A) to assess issues pertaining to professional
certification of school food service program personnel;
and
``(B) to provide States, school districts, and
schools with assistance in improving professional
standards, and obtaining appropriate program
certification, related to food service and dietary
management.
``(2) Assistance.--In carrying out the demonstration, the
Secretary shall--
``(A) assist States in providing training and
professional development classes and programs for
district school food service administrators and other
senior food service program personnel who do not
possess an approved certificate or credential in
preparing for and obtaining an approved certificate or
credential; and
``(B) provide assistance to schools, or individuals
described in subparagraph (A), to pay the costs of
attending classes and obtaining an approved certificate
or credential.
``(3) Assessment.--In carrying out the demonstration, the
Secretary shall assess--
``(A) which certifications or credentials may be
considered appropriate professional standards for
senior administration personnel of a district school
food service program;
``(B) the degree to which school food authorities
require the senior district food service program
personnel to have attained certification or credentials
from an approved or appropriate governing body,
including differences that may derive from district
size;
``(C) the impact that employing a certified or
credentialed school food service administrator has on
program quality; and
``(D) the costs to the school food authority of
including such a requirement in employing a district
school food service administrator.
``(4) Report.--On completion of the demonstration, the
Secretary shall submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on
the results of the demonstration.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection, to remain available until
expended.''.
SEC. 123. SCHOOL GARDEN GRANT DEMONSTRATION.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) (as amended by section 122) is amended by adding at the
end the following:
``(l) School Garden Grant Demonstration.--
``(1) In general.--Subject to paragraph (2), the Secretary
may make grants to State or local educational agencies and
nonprofit organizations to support school garden demonstrations
that allow children to learn about the importance of specialty
crops to a healthy diet.
``(2) Substantial urban centers.--The Secretary shall
initially target grants under this subsection to substantial
urban centers, as determined by the Secretary.
``(3) Consultation.--The Secretary shall develop and carry
out the grant demonstration in consultation with the State
department of agriculture and other appropriate institutions in
each State in which the grant demonstration is conducted.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000, to
remain available until expended.''.
SEC. 124. ACCESS TO LOCAL FOODS.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) (as amended by section 123) is amended by adding at the
end the following:
``(m) Access to Local Foods.--
``(1) In general.--The Secretary may provide assistance,
through competitive matching grants and technical assistance,
to schools and nonprofit entities for projects that--
``(A) improve access to local foods in schools and
institutions participating in programs under this Act
and section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773) through farm-to-cafeteria activities 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 school children in farm and agricultural 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 of not to
exceed 75 percent;
``(G) provide matching support in the form of cash
or in-kind contributions (including facilities,
equipment, or services provided by State and local
governments and private sources); and
``(H) cooperate in an evaluation carried out by the
Secretary.
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection for each of fiscal years 2004 through
2008.''.
SEC. 125. CHILDHOOD OBESITY PREVENTION DEMONSTRATION.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) (as amended by section 124) is amended by adding at the
end the following:
``(n) Childhood Obesity Prevention Demonstration.--
``(1) In general.--Subject to the availability of funds
under paragraph (6), for a period of 4 successive years, the
Secretary shall award to a national organization with expertise
in designing and implementing health education programs for
limited-English-proficient individuals a grant to carry out a
demonstration to enhance obesity prevention activities for
child care centers and sponsoring organizations providing
services to limited-English-proficient individuals through the
child and adult care food program under section 17 in each of 4
States selected by the Secretary in accordance with paragraph
(2).
``(2) States.--The demonstration shall be carried out in
States that have experienced a growth in the limited-English-
proficient population of the States of at least 100 percent
between the years 1990 and 2000, as measured by the census.
``(3) Required activities.--Activities carried out under
paragraph (1) shall include--
``(A) developing an interactive and comprehensive
tool kit for use by lay health educators and training
activities;
``(B) conducting training and providing ongoing
technical assistance for lay health educators; and
``(C) establishing collaborations with child care
centers and sponsoring organizations participating in
the child and adult care food program under section 17
to--
``(i) identify limited-English-proficient
children and families; and
``(ii) enhance the capacity of the child
care centers and sponsoring organizations to
use appropriate obesity prevention strategies.
``(4) Evaluation.--The grant recipient shall identify an
institution of higher education to conduct an independent
evaluation of the effectiveness of the demonstration.
``(5) Report.--The Secretary shall submit to the Committee
on Education and the Workforce of the House of Representatives,
the Committee on Agriculture, Nutrition, and Forestry of the
Senate, and the Health, Education, Labor, and Pensions
Committee of the Senate a report that includes--
``(A) the evaluation completed by the institution
of higher education under paragraph (4);
``(B) the effectiveness of lay health educators in
reducing childhood obesity; and
``(C) any recommendations of the Secretary
concerning the demonstration.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$250,000 for each of fiscal years 2005 through 2008.''.
SEC. 126. YEAR ROUND SERVICES FOR ELIGIBLE ENTITIES.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) (as amended by section 125) is amended by adding at the
end the following:
``(o) Year Round Services for Eligible Entities.--
``(1) In general.--A service institution (as defined in
paragraphs (6) or (7) of section 13(a)) located in California--
``(A) may be reimbursed for up to 3 meals and 2
supplements for any day for which services are being
offered at the institution; and
``(B) shall be reimbursed for costs consistent with
section 13(b)(1).
``(2) Exemptions.--A service institution that receives
assistance under this subsection shall comply with all
provisions of section 13 other than subsections (b)(2) and
(c)(1) of that section.
``(3) Funding.--From funds made available to carry out
section 13, the Secretary shall provide to the State of
California in fiscal year 2005 an amount not to exceed
$1,000,000, to remain available until expended, for the
additional reimbursement costs for meals and supplements
authorized by this subsection.''.
SEC. 127. FREE LUNCH AND BREAKFAST EXPANSION DEMONSTRATION.
(a) Findings.--Congress finds that--
(1) Federal child nutrition programs (including the school
lunch and breakfast programs) are important to the health and
education of children of the United States;
(2) reduced price school meals are offered, in
participating schools, to children with family income between
130 percent of the poverty line and 185 percent of the poverty
line;
(3) many families in the reduced price income category are
finding it difficult to pay the fee for reduced price school
meals and, for some families, the fee is a barrier to
participation;
(4) the special supplemental nutrition program for women,
infants, and children (WIC) established by section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786) provides free
benefits to all participants with family income below 185
percent of poverty; and
(5) over 500 State and local school boards have passed
resolutions urging Congress to eliminate the reduced price
school meal program and to harmonize the income standard of
eligibility for the school lunch and breakfast programs with
the WIC program.
(b) Demonstration.--Section 18 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769) (as amended by section 126) is
amended by adding at the end the following:
``(p) Free Lunch and Breakfast Expansion Demonstration.--
``(1) In general.--Subject to the availability of funds
under paragraph (4), the Secretary shall carry out a
demonstration under which expanded service of free lunches and
breakfasts is provided at schools participating in the school
lunch program under this Act or the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773) in all or part of 5 States selected by the Secretary (of
which at least 1 shall be a largely rural State with a
significant Native American population).
``(2) Income eligibility.--The income guidelines for
determining eligibility for free lunches or breakfasts under
this subsection shall be 185 percent of the applicable family
size income levels contained in the nonfarm income poverty
guidelines prescribed by the Office of Management and Budget,
as adjusted annually in accordance with section 9(b)(1)(B).
``(3) Evaluation.--
``(A) In general.--Not later than 3 years after the
implementation of the demonstration under this
subsection, the Secretary shall conduct an evaluation
of the demonstration to assess the impact of the
demonstration by comparing the school food authorities
operating under the demonstration to school food
authorities not operating under the demonstration.
``(B) Impact assessment.--
``(i) Children.--The evaluation shall
assess the impact of the demonstration
separately on--
``(I) children in households with
incomes less than 130 percent of the
applicable family income levels
contained in the nonfarm poverty income
guidelines prescribed by the Office of
Management and Budget, as adjusted
annually in accordance with section
9(b)(1)(B); and
``(II) children in households with
incomes greater than 130 percent and
not greater than 185 percent of the
applicable family income levels
contained in the nonfarm poverty income
guidelines prescribed by the Office of
Management and Budget, as adjusted
annually in accordance with section
9(b)(1)(B).
``(ii) Factors.--The evaluation shall
assess the impact of the demonstration on--
``(I) certification and
participation rates in the school lunch
and breakfast programs;
``(II) rates of lunch- and
breakfast-skipping;
``(III) academic achievement; and
``(IV) other factors determined by
the Secretary.
``(C) Cost assessment.--The evaluation shall assess
the increased costs associated with providing
additional free, reduced price, or paid meals in the
school food authorities operating under the
demonstration.
``(D) Report.--On completion of the demonstration
and the evaluation, the Secretary shall submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report
describing the results of the evaluation of the
demonstration under this paragraph.
``(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection, to remain available until
expended.''.
SEC. 128. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE MANAGEMENT
INSTITUTE.
(a) In General.--Section 21(a)(1) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b-1(a)(1)) is amended by
striking ``activities and'' and all that follows and inserting
``activities and provide--
``(A) technical assistance to improve the skills of
individuals employed in--
``(i) food service programs carried out
with assistance under this Act;
``(ii) school breakfast programs carried
out with assistance under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773);
and
``(iii) as appropriate, other federally
assisted feeding programs; and
``(B) assistance, on a competitive basis, to State
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 (and, if there are any remaining funds, other
schools and school food authorities) in meeting the
cost of acquiring or upgrading technology and
information management 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--
``(i) addresses the cost savings and
improvements in program integrity and
operations that would result from the use of
new or upgraded technology;
``(ii) ensures that there is not any overt
identification of any child by special tokens
or tickets, announced or published list of
names, or by any other means;
``(iii) provides for processing and
verifying applications for free and reduced
price school meals;
``(iv) integrates menu planning,
production, and serving data to monitor
compliance with section 9(f)(1); and
``(v) establishes compatibility with
statewide reporting systems;
``(C) assistance, on a competitive basis, to State
agencies with low proportions of schools or students
that--
``(i) participate in the school breakfast
program under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773); and
``(ii) demonstrate the greatest need, for
the purpose of aiding schools in meeting costs
associated with 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''.
(b) Duties of Food Service Management Institute.--Section
21(c)(2)(B) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769b-1(c)(2)(B)) is amended--
(1) by striking clauses (vi) and (vii) and inserting the
following:
``(vi) safety, including food handling,
hazard analysis and critical control point plan
implementation, emergency readiness, responding
to a food recall, and food biosecurity
training;''; and
(2) by redesignating clauses (viii) through (x) as clauses
(vii) through (ix), respectively.
(c) Authorization of Appropriations.--
(1) Training activities and technical assistance.--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 ``2003'' and
inserting ``2008''.
(2) Food service management institute.--Section 21(e)(2)(A)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769b-1(e)(2)(A) is amended in the first sentence by striking
``$147,000'' and all that follows through ``1999'' and
inserting ``$3,000,000 for fiscal year 2004 and $4,000,000 for
fiscal year 2005''.
SEC. 129. 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 by adding at the end the following:
``(f) 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 representative of the best management and
administrative practices.
``(g) Federal Administrative Support.--
``(1) Funding.--
``(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
to carry out this subsection--
``(i) on October 1, 2004, and October 1,
2005, $5,000,000; and
``(ii) on October 1, 2006, and October 1,
2007, $3,000,000.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
``(C) Availability of funds.--Funds transferred
under subparagraph (A) shall remain available until
expended.
``(2) Use of funds.--The Secretary may use funds provided
under this subsection--
``(A) to provide training and technical assistance
and materials related to improving program integrity
and administrative accuracy in school meals programs;
and
``(B) to assist State educational agencies in
reviewing the administrative practices of 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.--
``(A) Definition of selected school food
authority.--In this paragraph, the term `selected
school food authority' means a school food authority
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 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, 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 fails to meet performance criteria
established by the Secretary, the State educational
agency shall--
``(i) require the selected school food
authority 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 in
carrying out the corrective action plan; and
``(iii) conduct a followup review of the
selected school food authority under standards
established by the Secretary.
``(4) Retaining funds after administrative reviews.--
``(A) In general.--Subject to subparagraphs (B) and
(C), if the school food authority fails to meet
administrative performance criteria established by the
Secretary in both an initial review and a followup
review under paragraph (1) or (3) or subsection (a),
the Secretary may require the State educational agency
to retain funds that would otherwise be paid to the
school food authority for school meals programs under
procedures prescribed by the Secretary.
``(B) Amount.--The amount of funds retained under
subparagraph (A) shall equal the value of any
overpayment made to the school food authority as a
result of an erroneous claim during the time period
described in subparagraph (C).
``(C) Time period.--The period for determining the
value of any overpayment under subparagraph (B) shall
be the period--
``(i) beginning on the date the erroneous
claim was made; and
``(ii) ending on the earlier of the date
the erroneous claim is corrected or--
``(I) in the case of the first
review conducted by the State
educational agency of the 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 local
educational agency under this section,
the date that is 90 days after the
beginning of the period under clause
(i).
``(5) Use of retained funds.--
``(A) In general.--Subject to subparagraph (B),
funds retained under paragraph (4) shall--
``(i) be returned to the Secretary, and may
be used--
``(I) to provide training and
technical assistance related to
administrative practices designed to
improve program integrity and
administrative accuracy in school meals
programs 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 in carrying out school
meals programs; and
``(III) to carry out section 21(f);
or
``(ii) be credited to the child nutrition
programs appropriation account.
``(B) State share.--A State educational agency may
retain not more than 25 percent of an amount recovered
under paragraph (4), to carry out school meals program
integrity initiatives to assist 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 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 for Use of Administrative Expense Funds.--
``(1) In general.--Each''; and
(B) by striking ``After submitting'' and all that
follows through ``change in the plan.'' and inserting
the following:
``(2) Updates and information management systems.--
``(A) In general.--After submitting the initial
plan, a State shall be required to submit to the
Secretary for approval only a substantive change in the
plan.
``(B) Plan contents.--Each State plan shall, at a
minimum, include a description of how technology and
information management systems will be used to improve
program integrity by--
``(i) monitoring the nutrient content of
meals served;
``(ii) training schools and school food
authorities in how to use technology and
information management systems (including
verifying eligibility for free or reduced price
meals using program participation or income
data gathered by State or local agencies); and
``(iii) using electronic data to establish
benchmarks to compare and monitor program
integrity, program participation, and financial
data.
``(3) Training and technical assistance.--Each State shall
submit to the Secretary for approval a plan describing the
manner in which the State intends to implement subsection (g)
of section 7 of this Act and section 22(b)(3) of the Richard B.
Russell National School Lunch Act (as added by section 125(b)
of the Child Nutrition and WIC Reauthorization Act of 2004).'';
(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
Child Nutrition and WIC Reauthorization Act of 2004 and the
amendments made by that Act.
``(2) Federal role.--The Secretary shall--
``(A) provide training and technical assistance to
a State; or
``(B) at the option of the Secretary, directly
provide training and technical assistance described in
paragraph (1).
``(3) Required participation.--In accordance with
procedures established by the Secretary, 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) Funding for Training and Administrative Reviews.--
``(1) Funding.--
``(A) In general.--On October 1, 2004, and on each
October 1 thereafter, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
to carry out this subsection $4,000,000, to remain
available until expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
``(2) Use of funds.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall use funds
provided under this subsection to assist States in
carrying out subsection (g) and administrative reviews
of selected school food authorities and local
educational agencies carried out under section 22 of
the Richard B. Russell National School Lunch Act (42
U.S.C. 1769c).
``(B) Exception.--The Secretary may retain a
portion of the amount provided to cover costs of
activities carried out by the Secretary in lieu of the
State.
``(3) Allocation.--The Secretary shall allocate funds
provided under this subsection to States based on the number of
local educational agencies that have demonstrated a high level
of, or a high risk for, administrative error, as determined by
the Secretary, taking into account the requirements established
by the Child Nutrition and WIC Reauthorization Act of 2004 and
the amendments made by that Act.
``(4) Reallocation.--The Secretary may reallocate, to carry
out this section, any amounts made available to carry out this
subsection that are not obligated or expended, as determined by
the Secretary.''.
SEC. 130. COMPLIANCE AND ACCOUNTABILITY.
Section 22(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769c(d)) is amended by striking ``$3,000,000 for each of
the fiscal years 1994 through 2003'' and inserting ``$6,000,000 for
each of fiscal years 2004 through 2008''.
SEC. 131. INFORMATION CLEARINGHOUSE.
Section 26(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769g(d)) is amended in the first sentence by striking ``and
$166,000 for each of fiscal years 1999 through 2003'' and inserting
``$166,000 for each of fiscal years 1999 through 2004, and $250,000 for
each of fiscal years 2005 through 2008''.
SEC. 132. PROGRAM EVALUATION.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended by adding at the end the following:
``SEC. 28. PROGRAM EVALUATION.
``(a) Performance Assessments.--
``(1) In general.--Subject to the availability of funds
made available under paragraph (3), the Secretary, acting
through the Administrator of the Food and Nutrition Service,
may conduct annual national performance assessments of the meal
programs conducted under this Act and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
``(2) Components.--In conducting an assessment, the
Secretary may assess--
``(A) the cost of producing meals and meal
supplements under the programs described in paragraph
(1); and
``(B) the nutrient profile of meals, and status of
menu planning practices, under the programs.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
fiscal year 2004 and each subsequent fiscal year.
``(b) Certification Improvements.--
``(1) In general.--Subject to the availability of funds
made available under paragraph (5), the Secretary, acting
through the Administrator of the Food and Nutrition Service,
shall conduct a study of the feasibility of improving the
certification process used for the school lunch program
established under this Act.
``(2) Pilot projects.--In carrying out this subsection, the
Secretary may conduct pilot projects to improve the
certification process used for the school lunch program.
``(3) Components.--In carrying out this subsection, the
Secretary shall examine the use of--
``(A) other income reporting systems;
``(B) an integrated benefit eligibility
determination process managed by a single agency;
``(C) income or program participation data gathered
by State or local agencies; and
``(D) other options determined by the Secretary.
``(4) Waivers.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may waive such provisions of this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) as
are necessary to carry out this subsection.
``(B) Provisions.--The protections of section
9(b)(6) shall apply to any study or pilot project
carried out under this subsection.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection such sums as
are necessary.''.
SEC. 133. GLEANING OF FRESH FRUITS AND VEGETABLES.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) (as amended by section 132) is amended by adding at the end the
following:
``SEC. 29. GLEANING OF FRESH FRUITS AND VEGETABLES.
``(a) In General.--The Secretary shall make a grant to a
nongovernmental organization described in subsection (b) to establish
and maintain a field gleaning operation in a State to encourage the
consumption of fresh fruits and vegetables.
``(b) Nongovernmental Organization.--The nongovernmental
organization referred to in subsection (a) shall--
``(1) be selected by the Secretary; and
``(2) be a nonprofit organization that--
``(A) is an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is
exempt from tax under section 501(a) of that Code;
``(B) is experienced in providing to needy
individuals fresh fruits and vegetables that would
otherwise go to waste;
``(C) is experienced in establishing and
maintaining a field gleaning network that coordinates
the efforts of volunteers, growers, and distribution
agencies to salvage food for needy individuals in
multiple States; and
``(D) agrees to provide to related organizations
information regarding field gleaning operations.
``(c) Funding.--
``(1) In general.--On October 1, 2004, and on each October
1 thereafter through October 1, 2007, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary of Agriculture to carry out this
section $100,000, of which not more than 25 percent of the amount made
available from each transfer may be expended in the fiscal year
following the fiscal year of the transfer.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.''.
TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966
SEC. 201. SEVERE NEED ASSISTANCE.
Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) is
amended by striking subsection (d) and inserting the following:
``(d) Severe Need Assistance.--
``(1) In general.--Each State educational agency shall
provide additional assistance to schools in severe need, which
shall include only those schools (having a breakfast program or
desiring to initiate a breakfast program) in which--
``(A) during the most recent second preceding
school year for which lunches were served, 40 percent
or more of the lunches served to students at the school
were served free or at a reduced price; or
``(B) in the case of a school in which lunches were
not served during the most recent second preceding
school year, the Secretary otherwise determines that
the requirements of subparagraph (A) would have been
met.
``(2) Additional assistance.--A school, on the submission
of appropriate documentation about the need circumstances in
that school and the eligibility of the school for additional
assistance, shall be entitled to receive the meal reimbursement
rate specified in subsection (b)(2).''.
SEC. 202. STATE ADMINISTRATIVE EXPENSES.
(a) Minimum State Administrative Expense Grants.--Section 7 of the
Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended--
(1) by striking the section heading and all that follows
through ``(a)(1) Each'' and inserting the following:
``SEC. 7. STATE ADMINISTRATIVE EXPENSES.
``(a) Amount and Allocation of Funds.--
``(1) Amount available.--
``(A) In general.--Except as provided in
subparagraph (B), each'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after the first sentence
the following:
``(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.'';
(ii) by striking ``The Secretary'' and
inserting the following:
``(C) Allocation.--The Secretary''; and
(iii) by striking the last sentence; and
(B) in paragraph (2)--
(i) by striking ``(2) The'' and inserting
the following:
``(2) Expense grants.--
``(A) In general.--Subject to subparagraph (B),
the'';
(ii) in the second sentence--
(I) by striking ``In no case'' and
inserting the following:
``(B) Minimum amount.--
``(i) In general.--In no case'';
(II) by striking ``this
subsection'' and inserting ``this
paragraph''; and
(III) by striking ``$100,000'' and
inserting ``$200,000 (as adjusted under
clause (ii)''; and
(iii) by adding at the end the following:
``(ii) Adjustment.--On October 1, 2008, and
each October 1 thereafter, the minimum dollar
amount for a fiscal year specified in clause
(i) shall be adjusted to reflect the percentage
change between--
``(I) the value of the index for
State and local government purchases,
as published by the Bureau of Economic
Analysis of the Department of Commerce,
for the 12-month period ending June 30
of the second preceding fiscal year;
and
``(II) the value of that index for
the 12-month period ending June 30 of
the preceding fiscal year.''.
(b) Technology Infrastructure Improvement.--Section 7 of the Child
Nutrition Act of 1966 (42 U.S.C. 1776) is amended by inserting after
subsection (h) (as added by section 129(c)(3)) the following:
``(i) Technology Infrastructure Improvement.--
``(1) In general.--Each State shall submit to the
Secretary, for approval by the Secretary, an amendment to the
plan required by subsection (e) that describes the manner in
which funds provided under this section will be used for
technology and information management systems.
``(2) Requirements.--The amendment shall, at a minimum,
describe the manner in which the State will improve program
integrity by--
``(A) monitoring the nutrient content of meals
served;
``(B) providing training to schools and school food
authorities on the use of technology and information
management systems for activities such as--
``(i) menu planning;
``(ii) collection of point-of-sale data;
and
``(iii) the processing of applications for
free and reduced price meals; and
``(C) using electronic data to establish benchmarks
to compare and monitor program integrity, program
participation, and financial data across schools and
school food authorities.
``(3) Technology infrastructure grants.--
``(A) In general.--Subject to the availability of
appropriations to carry out this paragraph, the
Secretary shall, on a competitive basis, provide funds
to States to be used to provide grants to schools and
school food authorities to defray the cost of
purchasing or upgrading technology and information
management systems for use in programs authorized by
this Act (other than section 17) and the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(B) Infrastructure development plan.--To be
eligible to receive a grant under this paragraph, a
school or school food authority shall submit to the
State a plan to purchase or upgrade technology and
information management systems that addresses potential cost savings
and methods to improve program integrity, including--
``(i) processing and verification of
applications for free and reduced price meals;
``(ii) integration of menu planning,
production, and serving data to monitor
compliance with section 9(f)(1) of the Richard
B. Russell National School Lunch Act (42 U.S.C.
1758(f)(1)); and
``(iii) compatibility with statewide
reporting systems.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for each of fiscal years 2005 through
2008, to remain available until expended.''.
(c) Reauthorization.--Subsection (j) of section 7 of the Child
Nutrition Act of 1966 (42 U.S.C. 1776) (as redesignated by section
129(c)(2)) is amended by striking ``2003'' and inserting ``2008''.
SEC. 203. WORLD FOOD PRIZE.
Section 15 of the Child Nutrition Act of 1966 (42 U.S.C. 1784) is
amended--
(1) by striking the section heading and ``Sec. 15. For the
purposes of this Act--'' and inserting the following:
``SEC. 15. DEFINITIONS; MISCELLANEOUS PROVISIONS.
``(a) Definitions.--In this Act:''; and
(2) by adding at the end the following:
``(b) World Food Prize.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall provide assistance for
activities of the World Food Prize Foundation, including--
``(A) acquisition or improvement of property to
serve as headquarters for the World Food Prize
Foundation;
``(B) support of research and outreach for
improving the quality, quantity, and availability of
food throughout the world; and
``(C) promotion of educational opportunities
available to students through the World Food Prize
Youth Institute.
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
SEC. 204. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN.
(a) Definitions.--
(1) Nutrition education.--Section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by
striking paragraph (7) and inserting the following:
``(7) Nutrition education.--The term `nutrition education'
means individual and group sessions and the provision of
materials that are designed to improve health status and
achieve positive change in dietary and physical activity
habits, and that emphasize the relationship between nutrition,
physical activity, and health, all in keeping with the personal
and cultural preferences of the individual.''.
(2) Supplemental foods.--Section 17(b)(14) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)(14)) is amended in the
first sentence by inserting after ``children'' the following:
``and foods that promote the health of the population served by
the program authorized by this section, as indicated by
relevant nutrition science, public health concerns, and
cultural eating patterns''.
(3) Other terms.--Section 17(b) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(b)) is amended by adding at the end the
following:
``(22) Primary contract infant formula.--The term `primary
contract infant formula' means the specific infant formula for
which manufacturers submit a bid to a State agency in response
to a rebate solicitation under this section and for which a
contract is awarded by the State agency as a result of that
bid.
``(23) State alliance.--The term `State alliance' means 2
or more State agencies that join together for the purpose of
procuring infant formula under the program by soliciting
competitive bids for infant formula.''.
(b) Eligibility.--
(1) Certification period.--Section 17(d)(3) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended--
(A) by striking ``(3)(A) Persons'' and inserting
the following:
``(3) Certification.--
``(A) Procedures.--
``(i) In general.--Subject to clause (ii),
a person''; and
(B) by adding at the end the following:
``(ii) Breastfeeding women.--A State may
elect to certify a breastfeeding woman for a
period of 1 year postpartum or until a woman
discontinues breastfeeding, whichever is
earlier.''.
(2) Physical presence.--Section 17(d)(3)(C)(ii) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(ii)) is
amended--
(A) in subclause (I)(bb), by striking ``from a
provider other than the local agency; or'' and
inserting a semicolon;
(B) in subclause (II), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(III) an infant under 8 weeks of
age--
``(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) Administration.--
(1) Processing vendor applications; participant access.--
Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(f)(1)(C)) is amended--
(A) in clause (i) by inserting ``at any of the
authorized retail stores under the program'' after
``the program'';
(B) by redesignating clauses (ii) through (x) as
clauses (iii) through (xi), respectively; and
(C) by inserting after clause (i) the following:
``(ii) procedures for accepting and processing vendor
applications outside of the established timeframes if the State
agency determines there will be inadequate access to the
program, such as in a case in which a previously authorized
vendor sells a store under circumstances that do not permit
timely notification to the State agency of the change in
ownership;''.
(2) Use of claims from local agencies.--Section 17(f)(21)
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(21)) is
amended--
(A) in the paragraph heading, by striking
``vendors'' and inserting ``local agencies, vendors,'';
and
(B) by striking ``vendors'' and inserting ``local
agencies, vendors,''.
(3) Infant formula benefits.--
(A) In general.--Section 17(f) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(f)) is amended by
adding at the end the following:
``(25) Infant formula benefits.--A State agency may round
up to the next whole can of infant formula to allow all infants
under the program to receive the full-authorized nutritional
benefit specified by regulation.''.
(B) Applicability.--The amendment made by
subparagraph (A) applies to infant formula provided
under a contract resulting from a bid solicitation
issued on or after October 1, 2004.
(4) Notification of violations.--Section 17(f) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(f)) (as amended by
paragraph (3)) is amended by adding at the end the following:
``(26) Notification of violations.--If a State agency finds
that a vendor has committed a violation that requires a pattern
of occurrences in order to impose a penalty or sanction, the
State agency shall notify the vendor of the initial violation
in writing prior to documentation of another violation, unless
the State agency determines that notifying the vendor would
compromise an investigation.''.
(d) Reauthorization of WIC Program.--Section 17(g) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(g)) is amended by striking
``(g)(1)'' and all that follows through ``As authorized'' in paragraph
(1) and inserting the following:
``(g) Authorization of Appropriations.--
``(1) In general.--
``(A) Authorization.--There are authorized to be
appropriated to carry out this section such sums as are
necessary for each of fiscal years 2004 through 2008.
``(B) Advance appropriations; availability.--As
authorized''.
(e) Nutrition Services and Administration Funds; Competitive
Bidding; Retailers.--
(1) In general.--Section 17(h)(2)(A) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(h)(2)(A)) is amended by striking
``For each of the fiscal years 1995 through 2003, the'' and
inserting ``The''.
(2) Healthy people 2010 initiative.--Section 17(h)(4) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(4)) is
amended--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) partner with communities, State and local
agencies, employers, health care professionals, and
other entities in the private sector to build a
supportive breastfeeding environment for women
participating in the program under this section to
support the breastfeeding goals of the Healthy People
2010 initiative.''.
(3) Size of state alliances.--Section 17(h)(8)(A) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is
amended by adding at the end the following:
``(iv) Size of state alliances.--
``(I) In general.--Except as
provided in subclauses (II) through
(IV), no State alliance may exist among
States if the total number of infants
served by States participating in the
alliance as of October 1, 2003, or such
subsequent date determined by the
Secretary for which data is available,
would exceed 100,000.
``(II) Addition of infant
participants.--In the case of a State
alliance that exists on the date of
enactment of this clause, the alliance
may continue and may expand to serve
more than 100,000 infants but, except
as provided in subclause (III), may not
expand to include any additional State
agency.
``(III) Addition of small state
agencies and indian state agencies.--
Any State alliance may expand to
include any State agency that served
less than 5,000 infant participants as
of October 1, 2003, or such subsequent
date determined by the Secretary for
which data is available, or any Indian
State agency, if the State agency
requests to join the State alliance.
``(IV) Secretarial waiver.--The
Secretary may waive the requirements of
this clause not earlier than 30 days
after submitting to the Committee on
Education and the Workforce of the
House of Representatives and the
Committee on Agriculture, Nutrition,
and Forestry of the Senate a written
report that describes the cost-
containment and competitive benefits of
the proposed waiver.''.
(4) Primary contract infant formula.--
(A) In general.--Section 17(h)(8)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(8)(A)) (as
amended by paragraph (3)) is amended--
(i) in clause (ii)(I), by striking
``contract brand of'' and inserting ``primary
contract'';
(ii) in clause (iii), by inserting ``for a
primary contract infant formula'' after
``lowest net price''; and
(iii) by adding the following at the end:
``(v) First choice of issuance.--The State
agency shall use the primary contract infant
formula as the first choice of issuance (by
formula type), with all other infant formulas
issued as an alternative to the primary
contract infant formula.''.
(B) Applicability.--The amendment made by
subparagraph (A)(iii) applies to a contract resulting
from a bid solicitation issued on or after October 1,
2004.
(5) Rebate invoices.--Section 17(h)(8)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as amended by
paragraph (4)(A)(iii)) is amended by adding the following at
the end:
``(vi) 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.''.
(6) Uncoupling milk and soy bids.--
(A) In general.--Section 17(h)(8)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as
amended by paragraph (5)) is amended by adding at the
end the following:
``(vii) Separate solicitations.--In
soliciting bids for infant formula under a
competitive bidding system, any State agency,
or State alliance, that served under the
program a monthly average of more than 100,000
infants during the preceding 12-month period
shall solicit bids from infant formula
manufacturers under procedures that require
that bids for rebates or discounts are
solicited for milk-based and soy-based infant
formula separately.''.
(B) Applicability.--The amendment made by this
paragraph applies to a bid solicitation issued on or
after October 1, 2004.
(7) Cent-for-cent adjustments.--
(A) In general.--Section 17(h)(8)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as
amended by paragraph (6)(A)) is amended by adding at
the end the following:
``(viii) Cent-for-cent adjustments.--A bid
solicitation for infant formula under the
program shall require the manufacturer to
adjust for price changes subsequent to the
opening of the bidding process in a manner that
requires--
``(I) a cent-for-cent increase in
the rebate amounts if there is an
increase in the lowest national
wholesale price for a full truckload of
the particular infant formula; and
``(II) a cent-for-cent decrease in
the rebate amounts if there is a
decrease in the lowest national
wholesale price for a full truckload of
the particular infant formula.''.
(B) Conforming amendment.--Section 17(h)(8)(A)(ii)
of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(8)(A)(ii)) is amended by striking ``rise'' and
inserting ``change''.
(C) Applicability.--The amendments made by this
paragraph apply to a bid solicitation issued on or
after October 1, 2004.
(8) List of infant formula wholesalers, distributors,
retailers, and manufacturers.--Section 17(h)(8)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as amended by
paragraph (7)) is amended by adding at the end the following:
``(ix) List of infant formula wholesalers,
distributors, retailers, and manufacturers.--
The State agency shall maintain a list of--
``(I) infant formula wholesalers,
distributors, and retailers licensed in
the State in accordance with State law
(including regulations); and
``(II) infant formula manufacturers
registered with the Food and Drug
Administration that provide infant
formula.
``(x) Purchase requirement.--A vendor
authorized to participate in the program under
this section shall only purchase infant formula
from the list described in clause (ix).''.
(9) Funds for infrastructure, management information
systems, and special nutrition education.--Section 17(h) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by
striking paragraph (10) and inserting the following:
``(10) Funds for infrastructure, management information
systems, and special nutrition education.--
``(A) In general.--For each of fiscal years 2006
through 2008, the Secretary shall use for the purposes
specified in subparagraph (B), $64,000,000 or the
amount of nutrition services and administration funds
and supplemental food funds for the prior fiscal year
that have not been obligated, whichever is less.
``(B) Purposes.--Of the amount made available under
subparagraph (A) for a fiscal year, not more than--
``(i) $14,000,000 shall be used for--
``(I) infrastructure for the
program under this section;
``(II) special projects to promote
breastfeeding, including projects to
assess the effectiveness of particular
breastfeeding promotion strategies; and
``(III) special State projects of
regional or national significance to
improve the services of the program;
``(ii) $30,000,000 shall be used to
establish, improve, or administer management
information systems for the program, including
changes necessary to meet new legislative or
regulatory requirements of the program; and
``(iii) $20,000,000 shall be used for
special nutrition education such as breast
feeding peer counselors and other related
activities.
``(C) Proportional distribution.--In a case in
which less than $64,000,000 is available to carry out
this paragraph, the Secretary shall make a proportional
distribution of funds allocated under subparagraph
(B).''.
(10) Vendor cost containment.--Section 17(h) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h) is amended by striking
paragraph (11) and inserting the following:
``(11) Vendor cost containment.--
``(A) Peer groups.--The State agency of a State
shall--
``(i) establish a vendor peer group system;
and
``(ii) in accordance with subparagraphs (B)
and (C), establish competitive price criteria
and allowable reimbursement levels for each
vendor peer group.
``(B) Competitive pricing.--
``(i) In general.--The State agency shall
establish competitive price criteria for the
selection of vendors for participation in the
program that--
``(I) ensure that the retail prices
charged by vendor applicants for the
program are competitive with the prices
charged by other vendors; and
``(II) consider--
``(aa) the shelf prices of
the vendor for all buyers; or
``(bb) the prices that the
vendor bid for supplemental
foods, which shall not exceed
the shelf prices of the vendor
for all buyers.
``(ii) Participant access.--The State
agency shall ensure that the competitive price
criteria do not result in inadequate program
participant access by geographic area.
``(iii) Subsequent price increases.--The
State agency shall establish procedures to
ensure that a retail store selected for
participation in the program does not,
subsequent to selection, increase prices to
levels that would otherwise make the store
ineligible for participation in the program.
``(C) Allowable reimbursement levels.--
``(i) In general.--The State agency shall
establish allowable reimbursement levels for
supplemental foods for each vendor peer group
that ensure--
``(I) that payments to vendors in
the vendor peer group reflect
competitive retail prices; and
``(II) that the State agency does
not reimburse a vendor for supplemental
foods at a level that would otherwise
make the vendor ineligible for
authorization.
``(ii) Price fluctuations.--The allowable
reimbursement levels may include a factor to
reflect fluctuations in wholesale prices.
``(iii) Participant access.--The State
agency shall ensure that the allowable
reimbursement levels do not result in
inadequate program participant access in a
geographic area.
``(D) Exemptions.--The State agency may exempt from
competitive price criteria and allowable reimbursement
levels established under this paragraph--
``(i) pharmacy vendors that supply only
exempt infant formula or medical foods that are
eligible under the program; and
``(ii) vendors--
``(I)(aa) for which more than 50
percent of the annual revenue of the
vendor from the sale of food items
consists of revenue from the sale of
supplemental foods that are obtained
with food instruments; or
``(bb) who are new applicants under
criteria established by the Secretary;
and
``(II) that are nonprofit.
``(E) Cost containment.--The State agency shall
demonstrate to the Secretary, and the Secretary shall
certify, that--
``(i) the competitive price criteria and
allowable reimbursement levels established
under this paragraph for vendors described in
subparagraph (D)(ii)(I) do not result in higher
food costs than if program participants
redeemed supplemental food vouchers at vendors
other than vendors described in subparagraph
(D)(ii)(I); and
``(ii) vendor peer groups established under
subparagraph (A)(i) distinguish between vendors
described in subparagraph (D)(ii)(I) and other
vendors.
``(F) Implementation.--A State agency shall comply
with this paragraph not later than 18 months after the
date of enactment of this paragraph.''.
(11) Imposition of costs on retail stores.--Section 17(h)
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is
amended by striking paragraph (12) and inserting the following:
``(12) Imposition of costs on retail stores.--The Secretary
may not impose, or allow a State agency to impose, the costs of
any equipment, system, or processing required for electronic
benefit transfers on any retail store authorized to transact
food instruments, as a condition for authorization or
participation in the program.''.
(12) Universal product codes database.--Section 17(h) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) (as amended
by paragraph (11)) is amended by adding at the end the
following:
``(13) Universal product codes database.--The Secretary
shall--
``(A) establish a national universal product code
database for use by all State agencies in carrying out
the program; and
``(B) make available from appropriated funds such
sums as are required for hosting, hardware and software
configuration, and support of the database.''.
(13) Incentive items.--Section 17(h) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(h)) (as amended by paragraph (12))
is amended by adding at the end the following:
``(14) Incentive items.--A State agency shall not authorize
or make payments to a vendor described in paragraph
(11)(D)(ii)(I) that provides incentive items or other free
merchandise to program participants unless the vendor provides
to the State agency proof that the vendor obtained the
incentive items or merchandise at no cost.''.
(f) Spend Forward Authority.--Section 17(i)(3)(A)(ii)(I) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(i)(3)(A)(ii)(I)) is amended
by striking ``1 percent'' and inserting ``3 percent''.
(g) Migrant and Community Health Centers Initiative.--Section 17(j)
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(j)) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraph (5) as paragraph (4).
(h) Farmers' Market Nutrition Program.--
(1) Roadside stands.--Section 17(m)(1) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)(1)) is amended by
inserting ``and (at the option of a State) roadside stands''
after ``farmers' markets''.
(2) Matching funds.--Section 17(m)(3) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)(3)) is amended by
striking ``total'' both places it appears and inserting
``administrative''.
(3) Benefit value.--Section 17(m)(5)(C)(ii) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)(5)(C)(ii)) is amended
by striking ``$20'' and inserting ``$30''.
(4) Reauthorization.--Section 17(m)(9)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)(9)(A)) is amended by
striking clause (i) and inserting the following:
``(i) Authorization of appropriations.--
There are authorized to be appropriated to
carry out this subsection such sums as are
necessary for each of fiscal years 2004 through
2008.''.
(i) Demonstration Project Relating to Use of WIC Program for
Identification and Enrollment of Children in Certain Health Programs.--
(1) In general.--Section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786) is amended by striking subsection (r).
(2) Conforming amendment.--Section 12 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760) is amended
by striking subsection (p).
(j) Demonstration Project Relating to Offering Fresh, Frozen, or
Canned Fruits and Vegetables to WIC Participants.--Section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786) (as amended by subsection
(i)) is amended by adding at the end the following:
``(r) Demonstration Project Relating to Offering Fresh, Frozen, or
Canned Fruits and Vegetables to WIC Participants.--
``(1) In general.--Subject to the availability of
appropriations to carry out this subsection, the Secretary
shall award grants for demonstration projects involving not
more than 5 local agencies to not more than 5 State agencies to
evaluate the feasibility and acceptance of offering fresh,
frozen, or canned fruits and vegetables to participants in the
program established under this section.
``(2) Local sites.--In making grants under this subsection,
the Secretary shall ensure that State agencies select sites
determined to be geographically and culturally representative
of local and Indian agencies.
``(3) Additional food.--The provision of fruits and
vegetables to program participants under this subsection shall
be in addition to the food package offered to the participants
under other provisions of this section and not in lieu of any
food item in the food package.
``(4) Report.--Not later than 1 year after funds are first
made available to carry out this subsection, the Secretary
shall submit to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes
the results of carrying out this subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(6) Termination of authority.--The authority provided by
this subsection (other than paragraph (4)) terminates September
30, 2005.''.
SEC. 205. TEAM NUTRITION NETWORK.
(a) Team Nutrition Network.--Section 19 of the Child Nutrition Act
of 1966 (42 U.S.C. 1788) is amended to read as follows:
``SEC. 19. TEAM NUTRITION NETWORK.
``(a) Purposes.--The purposes of the team nutrition network are--
``(1) to promote the nutritional health of school children
of the United States through nutrition education and the use of
team nutrition messages and materials developed by the
Secretary, and to encourage physical activity and other
activities that support healthy lifestyles for children, based
on the most recent Dietary Guidelines for Americans published
under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341);
``(2) to provide assistance to States for the development
of nutrition education and active living programs in schools
and facilities that participate in child nutrition programs
through the use of team nutrition messages and materials
developed by the Secretary;
``(3) to provide training and technical assistance to
States, school and community nutrition programs, and child
nutrition food service professionals; and
``(4) to coordinate and collaborate with other nutrition
education and active living programs that share similar goals
and purposes.
``(b) Definition of Team Nutrition Network.--In this section, the
term `team nutrition network' means a multidisciplinary program to
promote healthy eating to children based on scientifically valid
information and sound educational, social, and marketing principles.
``(c) Grants.--
``(1) In general.--Subject to the availability of funds for
use in carrying out this section, in addition to any other
funds made available to the Secretary for team nutrition
purposes, the Secretary may make grants to State agencies for
each fiscal year, in accordance with this section, to establish
team nutrition networks to promote nutrition education
through--
``(A) the use of team nutrition network messages
and materials developed by the Secretary; and
``(B) the promotion of active lifestyles as part of
food service programs under this Act and the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(2) Form.--A portion of the grants provided under this
subsection may be in the form of competitive grants.
``(3) Funds from nongovernmental sources.--In carrying out
this subsection, the Secretary may accept cash contributions
from nongovernmental organizations made expressly to further
the purposes of this section, to be managed by the Food and
Nutrition Service, for use by the Secretary and the States in
carrying out this section.
``(d) Allocation.--Subject to the availability of funds for use in
carrying out this section, the total amount of funds made available for
a fiscal year for grants under this section shall equal not more than
the sum of--
``(1) the product obtained by multiplying \1/2\ cent by the
number of lunches reimbursed through food service programs
under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) during the second preceding fiscal year in
schools, institutions, and service institutions that
participate in the food service programs; and
``(2) the total value of funds received by the Secretary in
support of this section from nongovernmental sources.
``(e) Requirements for State Participation.--To be eligible to
receive a grant under this section, a State agency shall submit to the
Secretary a plan that--
``(1) is subject to approval by the Secretary; and
``(2) is submitted at such time and in such manner, and
that contains such information, as the Secretary may require,
including--
``(A) a description of the goals and primary
healthy eating and physical activity messages of the
proposed team nutrition network;
``(B) an analysis of the means by which the State
agency will use and disseminate the team nutrition
messages and materials developed by the Secretary;
``(C) an explanation of the ways in which the State
agency will use the funds from the grant to promote
healthy eating and physical activity and fitness in
schools throughout the State;
``(D) a description of the ways in which team
nutrition network messages and materials developed by
the Secretary will be used to coordinate nutrition and
physical activities at the State level with other
health promotion and education activities;
``(E) an annual summary of the team nutrition
network activities;
``(F) a description of the ways in which the total
school environment will support healthy eating and
physical activity; and
``(G) a description of how all communications to
parents and legal guardians of students who are members
of a household receiving or applying for assistance
under the program shall be in an understandable and
uniform format and, to the extent practicable, in a
language that parents and legal guardians can
understand.
``(f) State Coordinator.--Each State that receives a grant under
this section shall appoint a team nutrition network coordinator who
shall--
``(1) administer and coordinate the team nutrition network
within and across schools, school food authorities, and other
child nutrition program providers in the State; and
``(2) coordinate activities of the Secretary, acting
through the Food and Nutrition Service, and State agencies
responsible for other children's health, education, and
wellness programs to implement a comprehensive, coordinated
team nutrition network program.
``(g) Authorized Activities.--A State agency that receives a grant
under this section may use funds from the grant--
``(1)(A) to collect, analyze, and disseminate data
regarding the extent to which children and youths in the State
are overweight, physically inactive, or otherwise suffering
from nutrition-related deficiencies or disease conditions; and
``(B) to identify the programs and services available to
meet those needs;
``(2) to implement model elementary and secondary education
curricula using team nutrition network messages and materials
developed by the Secretary to create a comprehensive,
coordinated nutrition and physical fitness awareness and
obesity prevention program;
``(3) to implement pilot projects in schools to promote
physical activity and to enhance the nutritional status of
students;
``(4) to improve access to local foods through farm-to-
cafeteria activities that may include the acquisition of food
and the provision of training and education;
``(5) to implement State guidelines in health (including
nutrition education and physical education guidelines) and to
emphasize regular physical activity during school hours;
``(6) to establish healthy eating and lifestyle policies in
schools; and
``(7) to provide training and technical assistance to
teachers and school food service professionals consistent with
the purposes of this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Conforming Amendment.--Section 21(c)(2)(E) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769b-1(c)(2)(E)) is
amended by striking ``, including'' and all that follows through
``1966''.
SEC. 206. REVIEW OF BEST PRACTICES IN THE BREAKFAST PROGRAM.
(a) Review.--
(1) In general.--Subject to the availability of funds under
subsection (c), the Secretary of Agriculture shall enter into
an agreement with a research organization to collect and
disseminate a review of best practices to assist school food
authorities in addressing existing impediments at the State and
local level that hinder the growth of the school breakfast
program under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773).
(2) Recommendations.--The review shall describe model
breakfast programs and offer recommendations for schools to
overcome obstacles, including--
(A) the length of the school day;
(B) bus schedules; and
(C) potential increases in costs at the State and
local level.
(b) Dissemination.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(1) make the review required under subsection (a) available
to school food authorities via the Internet, including
recommendations to improve participation in the school
breakfast program; and
(2) transmit to Committee on Education and the Workforce of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a copy of the review.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE III--COMMODITY DISTRIBUTION PROGRAMS
SEC. 301. COMMODITY DISTRIBUTION PROGRAMS.
Section 15 of the Commodity Distribution Reform Act and WIC
Amendments of 1987 (7 U.S.C. 612c note; Public Law 100-237) is amended
by striking subsection (e).
TITLE IV--MISCELLANEOUS
SEC. 401. FOOD EMPLOYMENT EMPOWERMENT AND DEVELOPMENT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that meets the requirements of subsections (c) and (g).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Vulnerable subpopulation.--
(A) In general.--The term ``vulnerable
subpopulation'' means low-income individuals,
unemployed individuals, and other subpopulations
identified by the Secretary as being likely to
experience special risks from hunger or a special need
for job training.
(B) Inclusions.--The term ``vulnerable
subpopulation'' includes--
(i) addicts (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802));
(ii) at-risk youths (as defined in section
1432 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6472));
(iii) individuals that are basic skills
deficient (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C.
2801));
(iv) homeless individuals (as defined in
section 17(b) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(b));
(v) homeless youths (as defined in section
387 of the Runaway and Homeless Youth Act (42
U.S.C. 5732a));
(vi) individuals with disabilities (as
defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102));
(vii) low-income individuals (as defined in
section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)); and
(viii) older individuals (as defined in
section 102 of the Older Americans Act of 1965
(42 U.S.C. 3002)).
(b) Program.--The Secretary shall establish a food employment
empowerment and development program under which the Secretary shall
make grants to eligible entities to encourage the effective use of
community resources to combat hunger and the root causes of hunger by
creating opportunity through food recovery, job training, and community
service.
(c) Eligible Entities.--Subject to subsection (g), to be eligible
to receive a grant under this section, an entity shall be a public
agency, or private nonprofit institution, that conducts 2 or more of
the following activities as an integral part of the normal operation of
the entity:
(1) Recovery of donated food from area restaurants,
caterers, hotels, cafeterias, or other food service businesses
for the purpose of converting rescued food and other donated
and purchased foods into balanced meals for vulnerable
subpopulations.
(2) Distribution of meals to--
(A) nonprofit organizations described in section
501(c)(3) of the Internal Revenue Code of 1986;
(B) entities that feed vulnerable subpopulations;
and
(C) other agencies considered appropriate by the
Secretary.
(3) Training of unemployed and underemployed adults for
careers in the food service industry.
(4) Engaging people through community service and
leadership training in developing resource-conscious community
solutions.
(5) Carrying out of a welfare-to-work job training program
in combination with--
(A) production of school meals, such as school
meals served under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or
(B) support for after-school programs, such as
programs conducted by community learning centers (as
defined in section 4201(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7171(b))).
(d) Uses.--An eligible entity may use a grant awarded under this
section for--
(1) capital investments related to the operation of the
eligible entity;
(2) support services for clients (including staff) of the
eligible entity and individuals enrolled in job training
programs;
(3) purchase of equipment and supplies related to the
operation of the eligible entity or that improve or directly
affect service delivery;
(4) building and kitchen renovations that improve or
directly affect service delivery;
(5) educational material and services;
(6) administrative costs, in accordance with guidelines
established by the Secretary; and
(7) additional activities determined appropriate by the
Secretary.
(e) Preferences.--In awarding grants under this section, the
Secretary shall give preference to eligible entities that perform any
of the following activities:
(1) Carrying out food recovery programs that are integrated
with--
(A) culinary worker training programs, such as
programs conducted by a food service management
institute under section 21 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b-1);
(B) school education programs; or
(C) programs of service-learning (as defined in
section 101 of the National and Community Service Act
of 1990 (42 U.S.C. 12511)).
(2) Carrying out programs that engage in outreach and make
use of local community services efforts.
(3) Providing meals to individuals in need.
(4) Providing job skills training, life skills training,
and case management support to hard-to-serve populations,
including--
(A) homeless individuals;
(B) individuals recovering from substance abuse;
(C) individuals with a history of incarceration or
probation;
(D) at-risk youth;
(E) mothers leaving welfare; and
(F) adults without a secondary school diploma or
its recognized equivalent.
(5) Maximizing the use of existing school, community, or
private food service facilities and resources.
(6) Providing community service leadership training for
students at institutions of higher education and other schools.
(f) Eligibility for Job Training.--To be eligible to receive job
training assistance from an eligible entity using a grant made
available under this section, an individual shall be--
(1) a low-income individual; and
(2) an individual who is a member of a vulnerable
subpopulation, other than an at-risk youth or a homeless youth.
(g) Eligibility for Meals.-- In addition to the requirements of
subsection (c), to be eligible to serve meals using a grant made
available under this section, an eligible entity shall--
(1) provide vulnerable subpopulations with meals and
complementary basic support services (such as case management,
education, housing, or similar services, as determined
necessary by the Secretary);
(2) demonstrate to the Secretary that the use of the grant
to serve meals increases the capacity of the eligible entity to
provide services to clients of the eligible entity; and
(3) comply with food handling and community service
requirements of a community kitchen.
(h) Performance Indicators.--The Secretary shall establish, for
each year of the program, performance indicators, and expected levels
of performance, for meals, job training, and community service for
eligible entities to continue to receive and use grants under this
section.
(i) Technical Assistance.--
(1) In general.--The Secretary shall provide technical
assistance to eligible entities that receive grants under this
section to assist the eligible entities in carrying out
programs under this section using the grants.
(2) Form.--Technical assistance for a program provided
under this subsection includes--
(A) maintenance of a website, newsletters, email
communications, and other tools to promote shared
communications, expertise, and best practices;
(B) hosting of an annual meeting or other forums to
provide education and outreach to all programs
participants;
(C) collection of data for each program to ensure
that the performance indicators and purposes of the
program are met or exceeded;
(D) intervention (if necessary) to assist an
eligible entity to carry out the program in a manner
that meets or exceeds the performance indicators and
purposes of the program;
(E) consultation and assistance to an eligible
entity to assist the eligible entity in providing the
best services practicable to the community served by
the eligible entity, including consultation and
assistance related to--
(i) strategic plans;
(ii) board development;
(iii) fund development;
(iv) mission development; and
(v) other activities considered appropriate
by the Secretary;
(F) assistance considered appropriate by the
Secretary regarding--
(i) the status of program participants;
(ii) the demographic characteristics of
program participants that affect program
services;
(iii) any new idea that could be integrated
into the program; and
(iv) the review of grant proposals; and
(G) any other forms of technical assistance the
Secretary considers appropriate.
(j) Relationship to Other Law.--An action taken by an eligible
entity using a grant provided under this section shall be covered by
the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791).
(k) Maximum Amount of Grant.--The amount of grants provided to an
eligible entity for a fiscal year under this section shall not exceed
$200,000.
(l) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years
2005 through 2008.
(2) Technical assistance.--Of the amount of funds that are
made available for a fiscal year under paragraph (1), the
Secretary shall use to provide technical assistance under
subsection (i) not more than the greater of--
(A) 5 percent of the amount of funds that are made
available for the fiscal year under paragraph (1); or
(B) $1,000,000.
TITLE V--IMPLEMENTATION
SEC. 501. GUIDANCE AND REGULATIONS.
(a) Guidance.--As soon as practicable after the date of enactment
of this Act, the Secretary of Agriculture shall issue guidance to
implement the amendments made by sections 102, 103, 104, 105, 106, 107,
110, 115, 117(c), 117(g), 118, 129(b), 129(c), 201, 204(a)(3), 204(b),
204(c)(4), 204(e)(3), 204(e)(4), 204(e)(5), 204(e)(6), 204(e)(7),
204(e)(10), and 204(h)(1).
(b) Regulations.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall promulgate final regulations
to implement the amendments described in subsection (a).
SEC. 502. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act take effect on the date of enactment of
this Act.
(b) Special Effective Dates.--
(1) July 1, 2004.--The amendments made by sections 106,
107, 129(c), and 201 take effect on July 1, 2004.
(2) October 1, 2004.--The amendments made by sections
117(c), 117(g), 202(a), 204(a), 204(b), 204(c)(1), 204(c)(4),
204(e)(4), 204(e)(5), 204(e)(6), 204(e)(7), 204(e)(8),
204(e)(9), 204(e)(10), 204(e)(13), 204(f), 204(h)(1), and
204(h)(2) take effect on October 1, 2004.
(3) January 1, 2005.--The amendments made by sections
115(e)(1) and 115(e)(3) take effect on January 1, 2005.
(4) July 1, 2005.--The amendments made by sections 104,
105, 110, and 129(b) take effect on July 1, 2005.
Calendar No. 580
108th CONGRESS
2d Session
S. 2507
[Report No. 108-279]
_______________________________________________________________________
A BILL
To amend the Richard B. Russell National School Lunch Act and the Child
Nutrition Act of 1966 to provide children with increased access to food
and nutrition assistance, to simplify program operations and improve
program management, to reauthorize child nutrition programs, and for
other purposes.
_______________________________________________________________________
June 7, 2004
Read twice and placed on the calendar