[Congressional Record (Bound Edition), Volume 150 (2004), Part 4]
[House]
[Pages 5063-5081]
[From the U.S. Government Publishing Office, www.gpo.gov]




             CHILD NUTRITION IMPROVEMENT AND INTEGRITY ACT

  Mr. BOEHNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3873) to amend the Richard B. Russell National School Lunch 
Act and the Child Nutrition Act of 1966 to provide children with access 
to food and nutrition assistance, to simplify program operations, to 
improve children's nutritional health, and to restore the integrity of 
child nutrition programs, and for other purposes, as amended.
  The Clerk read as follows:

                                H.R. 3873

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

          TITLE I--ENSURING ACCESS TO CHILD NUTRITION PROGRAMS

Sec. 101. Exclusion of military housing allowances.
Sec. 102. Homeless children and runaway youth eligibility.
Sec. 103. Eligibility for severe need assistance.
Sec. 104. Reauthorization of summer food programs.
Sec. 105. Child and adult care food program.
Sec. 106. Review of best practices in the breakfast program.
Sec. 107. Area eligibility demonstration.
Sec. 108. Seamless Summer administration.
Sec. 109. Year round services for eligible entities.

           TITLE II--IMPROVING PROGRAM QUALITY AND INTEGRITY

Sec. 201. Eligibility and certification for free and reduced price 
              lunches.
Sec. 202. Duration of eligibility for free and reduced price lunches.
Sec. 203. Certification by local educational agencies.
Sec. 204. Compliance and accountability.
Sec. 205. Technology Improvement.
Sec. 206. Minimum State administrative expense grants.
Sec. 207. District-wide eligibility for special assistance.
Sec. 208. Administrative error reduction.

TITLE III--PROMOTING NUTRITION QUALITY AND PREVENTING CHILDHOOD OBESITY

Sec. 301. Local school wellness policy.
Sec. 302. Supporting nutrition education, improving meal quality, and 
              access to local foods.
Sec. 303. Fruits and vegetable commodities.
Sec. 304. Fluid milk.
Sec. 305. Waiver of requirements for weighted averages for nutrient 
              analysis.
Sec. 306. Whole grains.
Sec. 307. Fruit and vegetable pilot programs.

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

Sec. 401. Definition of nutrition education.
Sec. 402. Definition of supplemental foods.
Sec. 403. Improving certification.
Sec. 404. Reviews of available supplemental foods.
Sec. 405. Notification of violations and infant formula benefits.
Sec. 406. Healthy People 2010 initiative.
Sec. 407. Competitive bidding.
Sec. 408. Fruit and vegetable projects.
Sec. 409. Price levels of retail stores.
Sec. 410. Management information systems.
Sec. 411. Infant formula fraud prevention.
Sec. 412. State alliances.
Sec. 413. Limits on expenditures.
Sec. 414. Migrant and community health centers initiative.
Sec. 415. Demonstration projects.
Sec. 416. Authorization of appropriations.

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

Sec. 501. Training, technical, and other assistance.
Sec. 502. Notice of irradiated food.
Sec. 503. Sense of Congress.
Sec. 504. Reauthorization of programs.
Sec. 505. Effective dates.

          TITLE I--ENSURING ACCESS TO CHILD NUTRITION PROGRAMS

     SEC. 101. EXCLUSION OF MILITARY HOUSING ALLOWANCES.

       Section 9(b)(7) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1758(b))

[[Page 5064]]

     is amended by striking ``For each of fiscal years 2002'' and 
     all that follows through ``the amount'' and inserting ``The 
     amount''.

     SEC. 102. HOMELESS CHILDREN, RUNAWAY YOUTH, AND MIGRATORY 
                   CHILD ELIGIBILITY.

       (a) In General.--Section 9(b)(6)(A) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1758(b)(6)(A)) 
     is amended--
       (1) in clause (ii), by striking ``or'';
       (2) in clause (iii), by striking the period and inserting a 
     semicolon; and
       (3) by inserting after clause (iii) the following:
       ``(iv) a homeless child or youth (as defined in section 
     725(2) of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11434a));
       ``(v) a youth served by programs under the Runaway and 
     Homeless Youth Act (42 U.S.C. 5701 et seq.); or
       ``(vi) a migratory child, as such term is defined in 
     section 1309(2) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6399(2)).''.
       (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 
     local educational agency showing that the child meets the 
     criteria specified in clauses (iv) or (v) of subsection 
     (b)(6)(A); or
       ``(E) documentation has been provided to the appropriate 
     local educational agency showing the child's status as a 
     migratory child, as such term is defined in section 1309(2) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6399(2)).''.

     SEC. 103. ELIGIBILITY FOR SEVERE NEED ASSISTANCE.

       Section 4(d) of the Child Nutrition Act of 1966 (42 U.S.C. 
     1773(d)) is amended--
       (1) by striking the heading and all that follows through 
     paragraph (1), and inserting:
       ``(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, 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 those new schools drawing the majority 
     of their attendance from schools receiving severe need 
     assistance).''; and
       (2) in paragraph (2)--
       (A) by striking ``100 percent'' and all that follows 
     through ``food, or''; and
       (B) by striking ``, whichever is less''.

     SEC. 104. REAUTHORIZATION OF SUMMER FOOD PROGRAMS.

       (a) Summer Food Pilot Projects.--Section 18(f) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1769(f)) is amended--
       (1) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) Additional states eligible.--In addition to the 
     States meeting the criteria set forth in paragraph (1), the 
     term `eligible State' means a State in which (based on data 
     available in June 2003)--
       ``(A) the percentage obtained by dividing--
       ``(i) the sum of--

       ``(I) the average daily number of children attending the 
     summer food service program in the State in July 2002; and
       ``(II) the average daily number of children receiving free 
     or reduced price meals under the school lunch program in the 
     State in July 2002; by

       ``(ii) the average daily number of children receiving free 
     or reduced price meals under the school lunch program in the 
     State during the 2001-2002 school year; is less than 57 
     percent of
       ``(B) the percentage obtained by dividing--
       ``(i) the sum of--

       ``(I) the average daily number of children attending the 
     summer food service program in all States in July 2002; and
       ``(II) the average daily number of children receiving free 
     or reduced price meals under the school lunch program in all 
     States in July 2002; by

       ``(ii) the average daily number of children receiving free 
     or reduced price meals under the school lunch program in all 
     States during the 2001-2002 school year.'';
       (3) in paragraph (3) (as so redesignated), by striking 
     ``March 31, 2004'' and inserting ``September 30, 2008'';
       (4) in paragraph (4) (as so redesignated), by striking 
     ``(other than a service institution described in section 
     13(a)(7))'' both places it appears; and
       (5) in paragraph (7)(B)(i) (as redesignated by this 
     section), by striking ``paragraph (5)'' and inserting 
     ``paragraph (6)''.
       (b) Summer Food Service Program for Children.--Section 
     13(q) of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1761(q)) is amended by striking ``March 31, 2004'' and 
     inserting ``September 30, 2008''.

     SEC. 105. CHILD AND ADULT CARE FOOD PROGRAM.

       (a) Eligibility of Private Child Care Centers.--Section 17 
     of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1766) is amended--
       (1) in subsection (a)(2)(B)(i), by striking ``during the 
     period'' and all that follows through ``March 31, 2004''; and
       (2) by striking subsection (p).
       (b) Duration of Determination as Tier 1 Family or Group Day 
     Care Home.--Section 17(f)(3)(E)(iii) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 
     1766(f)(3)(E)(iii)) is amended by striking ``3 years'' and 
     inserting ``5 years''.
       (c) Duration of Agreements.--Section 17(j) of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1766(j)) is 
     amended to read as follows:
       ``(j) Agreements.--
       ``(1) In general.--The Secretary may issue regulations 
     directing States to develop and provide for the use of a 
     standard form of agreement between each family or group day 
     care sponsoring organization and the family or group day care 
     homes participating in the program under such organization, 
     for the purpose of specifying the rights and responsibilities 
     of each party.
       ``(2) Duration.--An agreement under paragraph (1) shall 
     remain in effect until terminated by either party to the 
     agreement.''.
       (d) Management Improvement Initiative.--Section 17(q)(3) of 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1766(q)(3)) is amended by striking ``1999 through 2003'' and 
     inserting ``2005 and 2006''.
       (e) Audits.--Section 17(i) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1766(i)) is amended to 
     read as follows:
       ``(i) Audits.--
       ``(1) Funds for audits.--The Secretary shall make available 
     for each fiscal year to a State administering the child and 
     adult care food program, for the purpose of conducting audits 
     of participating institutions, an amount up to 1.5 percent 
     (except in the case of fiscal years 2005 through 2007, 1 
     percent) of the funds used by the State in the program under 
     this section during the second preceding fiscal year.
       ``(2) Audit procedures.--
       ``(A) In general.--Subject to subparagraph (B), in 
     conducting management evaluations, reviews, or audits of the 
     program under this subsection, the Secretary or a State 
     agency may disregard any overpayment to an institution if the 
     total overpayment for any fiscal year does not exceed an 
     amount, consistent with the disregards allowed in other 
     programs under this Act, which recognizes the cost of 
     collecting small claims.
       ``(B) Criminal or fraud violations.--In carrying out this 
     subsection, the Secretary and a State agency shall not 
     disregard any overpayment for which there is evidence of a 
     violation of a criminal law or civil fraud law.''.
       (f) Emergency Shelters.--Section 17(t)(5)(A)(i) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1766(t)(5)(A)(i) is amended--
       (1) in subclause (I)--
       (A) by striking ``12'' and inserting ``18''; and
       (B) by inserting ``or'' after the semicolon; and
       (2) by striking subclause (II) and redesignating subclause 
     (III) as subclause (II).
       (g) Paperwork Reduction.--The Secretary of Agriculture, in 
     conjunction with States and participating institutions, shall 
     examine the feasibility of reducing paper work resulting from 
     regulations and record-keeping 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. 106. REVIEW OF BEST PRACTICES IN THE BREAKFAST PROGRAM.

       (a) Review.--Subject to the availability of funds, the 
     Secretary of Agriculture shall enter into an agreement with a 
     research organization to collect and disseminate a review of 
     best practices to assist schools 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). The review 
     shall describe model breakfast programs and offer 
     recommendations for schools to overcome obstacles, such as:
       (1) the length of the school day;
       (2) bus schedules; and
       (3) potential increases in costs at the State and local 
     level.
       (b) Dissemination.--Not later than 12 months after the date 
     of enactment of this Act, the Secretary shall make the review 
     required under subsection (a) available to local educational 
     agencies via the Internet, including recommendations to 
     improve participation in the school breakfast program. Not 
     later than 12 months after the date of enactment of this Act, 
     the review shall also be transmitted to the Committee on 
     Education of the House of Representatives and the Committee 
     on Agriculture of the Senate.

     SEC. 107. AREA ELIGIBILITY DEMONSTRATION.

       Section 13 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1761) is amended by adding at the end the 
     following:

[[Page 5065]]

       ``(r) Demonstration.--For fiscal years 2004 through 2008, 
     in rural areas of the State of Pennsylvania, the threshold 
     for determining `areas in which poor economic conditions 
     exist' under subsection (a)(1)(C) for the program authorized 
     by this section shall be 40 percent of children enrolled are 
     eligible for free or reduced price school meals and the State 
     agency shall report to the Secretary on the effect of the 
     demonstration on program participation in rural areas.''.

     SEC. 108. SEAMLESS SUMMER ADMINISTRATION.

       (a) Seamless Summer Waiver.--Section 13(a) of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is 
     amended by inserting after paragraph (7) the following:
       ``(8) Service institutions that are public or private 
     nonprofit school food authorities may administer summer or 
     school vacation food service under the provisions of the 
     school lunch program established under this Act and the 
     school breakfast program established under the Child 
     Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except as 
     determined by the Secretary.''.
       (b) Payments.--Section 13(b)(1) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1761(b)(1)) is amended 
     by inserting after subparagraph (C) the following:
       ``(D) Service institutions described in paragraph (a)(8) of 
     this section 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 the Child Nutrition Act of 1966 (42 
     U.S.C. 1771 et seq.), as determined by the Secretary.''.

     SEC. 109. YEAR ROUND SERVICES FOR ELIGIBLE ENTITIES.

       Section 18 of the Richard B. Russell National School Lunch 
     Act is amended by adding at the end the following:
       ``(h) Year Round Services for Eligible Entities.--
       ``(1) In general.--A service institution (as defined in 
     section 13(a)(6) or 13(a)(7) of this Act) located in 
     California may be reimbursed for up to 3 meals and 2 
     supplements for any day for which services are being offered 
     at such institution. Such service institution shall be 
     reimbursed for costs consistent with section 13(b)(1) of this 
     Act.
       ``(2) Exemptions.--A service institution that receives 
     assistance under this subsection shall comply with all 
     provisions of section 13 of this Act other than subsections 
     13(b)(2) and 13(c)(1).
       ``(3) Funding.--The Secretary shall provide to the State of 
     California an amount not to exceed $1,000,000 for fiscal 
     years 2004 through 2008, for the additional reimbursement 
     costs for meals and supplements authorized by this 
     subsection.''.

           TITLE II--IMPROVING PROGRAM QUALITY AND INTEGRITY

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

       (a) In General.--Section 9(b) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1758) is amended by 
     striking ``(b)(1)(A) Not later'' and all that follows through 
     paragraph (2) and inserting the following:
       ``(b) Eligibility for Free and Reduced Price Lunches.--
       ``(1) Income guidelines.--
       ``(A) In general.--Not later than June 1 of each fiscal 
     year, the Secretary shall prescribe income guidelines for 
     determining eligibility for free and reduced price lunches 
     during the 12-month period beginning July 1 of such fiscal 
     year and ending June 30 of the following fiscal year. The 
     income guidelines for determining eligibility for free 
     lunches shall be 130 percent of the applicable family size 
     income levels contained in the nonfarm income poverty 
     guidelines issued by the Secretary of Health and Human 
     Services, as adjusted annually in accordance with 
     subparagraph (B). The income guidelines for determining 
     eligibility for reduced price lunches for any school year 
     shall be 185 percent of the applicable family size income 
     levels contained in the nonfarm income poverty guidelines 
     issued by the Secretary of Health and Human Services, as 
     adjusted annually in accordance with subparagraph (B). Such 
     guidelines shall be revised at annual intervals, or at any 
     shorter interval deemed feasible and desirable.
       ``(B) Formula for revision.--The revision required by 
     subparagraph (A) of this paragraph shall be made by 
     multiplying--
       ``(i) the official poverty line (as defined by the 
     Secretary of Health and Human Services); by
       ``(ii) the percentage change in the Consumer Price Index 
     during the annual or other interval immediately preceding the 
     time at which the adjustment is made.

     Revisions under this subparagraph shall be made not more than 
     30 days after the date on which the Consumer Price Index data 
     required to compute the adjustment becomes available.
       ``(2) Certification of eligibility.--
       ``(A) Announcement by state educational agency.--Following 
     the determination by the Secretary under paragraph (1) of 
     this subsection of the income eligibility guidelines for each 
     school year, each State educational agency shall announce the 
     income eligibility guidelines, by family size, to be used by 
     schools in the State in making determinations of eligibility 
     for free and reduced price lunches. Local educational 
     agencies shall, each year, publicly announce the income 
     eligibility guidelines for free and reduced price lunches on 
     or before the opening of school.
       ``(B) Applications.--
       ``(i) In general.--Applications for free and reduced price 
     lunches, in such form as the Secretary may prescribe or 
     approve, and any descriptive material, in an understandable 
     and uniform format, and to the extent practicable, in a 
     language that parents can understand, shall be distributed at 
     least annually to the parents or guardians of children in 
     attendance at the school.
       ``(ii) Income levels.--Applications and descriptive 
     material shall contain only the family size income 
     eligibility guidelines for reduced price meal eligibility, 
     with the explanation that households with incomes less than 
     or equal to these values would be eligible for free or 
     reduced price lunches. Such applications and descriptive 
     material may not contain the income eligibility guidelines 
     for free lunches.
       ``(iii) Notification.--Descriptive materials shall contain 
     a notification that participants in the Special Supplemental 
     Nutrition Program for Women, Infants, and Children authorized 
     under Section 17 of the Child Nutrition Act of 1966 (42 
     U.S.C. 1771 et seq.), the food stamp program established 
     under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the 
     Food Distribution Program on Indian Reservations (FDPIR) 
     authorized under section 4(b) of the Food Stamp Act of 1977 
     (7 U.S.C. 2013(b)), or a State program funded under part A of 
     title IV of the Social Security Act (if the Secretary 
     determines the State program 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) may be eligible for 
     free or reduced price lunches. Such descriptive materials 
     shall also contain a notice to parents that documentation may 
     be requested for verification.
       ``(iv) Electronic availability.--In addition to the 
     distribution of such applications and descriptive material in 
     paper form as provided for in this paragraph, such 
     applications and material may be made available 
     electronically via the Internet.
       ``(C) Eligibility.--
       ``(i) Household applications.--

       ``(I) In general.--If an eligibility determination for a 
     child is not made under clause (ii) or (iii), an eligibility 
     determination shall be made on the basis of a complete 
     household application executed by an adult member of the 
     household, or in accordance with other guidance issued by the 
     Secretary.
       ``(II) Additional bases.--Eligibility may be determined by 
     the local educational agency on the basis of a complete 
     application executed by an adult member of the household, or 
     in accordance with other guidance issued by the Secretary, 
     including an electronic signature when the application is 
     submitted electronically, and if the application filing 
     system meets confidentiality standards established by the 
     Secretary.
       ``(III) Children in household.--

       ``(aa) In general.--The application shall identify the 
     names of each child in the household for whom meal benefits 
     are requested, as well as the total number of members of the 
     household.
       ``(bb) Separate applications.--A State educational agency 
     or local educational agency may not request a separate 
     application for each child in the household, if the children 
     in the household attend schools in the same local educational 
     agency.

       ``(IV) Verification.--The Secretary, State, or local 
     educational agency may verify any data contained in such 
     application. In accordance with guidance issued by the 
     Secretary, each local educational agency shall verify a 
     sample of approved free and reduced price applications and 
     shall make appropriate changes in the eligibility 
     determination with respect to such applications on the basis 
     of such verification. The sample selected for verification 
     shall be as follows:

       ``(aa) For local educational agencies unable to obtain 
     verification information for no more than 25 percent of all 
     applications selected for verification in the prior year, or 
     local educational agencies receiving more than 20,000 
     applications and that in the prior year had a verification 
     non-response rate that was 10 percent below the verification 
     non-response rate of the second prior year, the sample 
     selected shall be either--
       ``(AA) the lesser of 3,000 or 3 percent of approved 
     applications selected at random by the local educational 
     agencies from all approved applications; or
       ``(BB) the lesser of 1,000 or 1 percent of all approved 
     applications selected from applications that indicate monthly 
     income that is within $100, or annual income that is within 
     $1,200, of the income eligibility limits for free or reduced 
     price meals, plus the lesser of 500 or \1/2\ of 1 percent of 
     approved applications that provided a case number in lieu of 
     income information showing participation in the food stamp 
     program, the Temporary Assistance for Needy Families program, 
     or the Food Distribution Program on Indian Reservations 
     (FDPIR) selected from those approved applications that 
     provided a case number in lieu of income information 
     verifying such participation. If, for any local

[[Page 5066]]

     educational agency, the total number of applications that 
     indicate monthly income that is within $100, or annual income 
     that is within $1,200, of the income eligibility limits for 
     free or reduced price meals is less than 1,500 or 1 and \1/2\ 
     percent of all approved applications, the local educational 
     agency shall select additional applications at random from 
     all approved applications in order to obtain a total sample 
     for verification of 1,500 or 1 and \1/2\ percent of all 
     approved applications.
       ``(bb) For all other local educational agencies, the sample 
     selected shall be the lesser of 3,000 or 3 percent of all 
     approved applications selected from applications that 
     indicate monthly income that is within $100, or annual income 
     that is within $1,200, of the income eligibility limits for 
     free or reduced price meals. If, for any local educational 
     agency, the total number of such applications is less than 
     3,000 or 3 percent of all approved applications, the local 
     educational agency shall select additional applications at 
     random from all approved applications in order to obtain a 
     total sample for verification of 3,000 or 3 percent of all 
     approved applications.

       ``(V) Substitutions.--

       ``(aa) In general.--In accordance with the regulations 
     prescribed by the Secretary, the local educational agency 
     may, upon individual review, decline to verify any 
     application selected under subclause (IV) and replace it with 
     another application to be verified. Such agency may decline 
     to verify no more than 2 percent of the applications selected 
     for verification under this subclause.
       ``(bb) Substitute criteria in cases of emergencies.--The 
     Secretary may substitute alternative criteria for the sample 
     size and sample selection criteria in subclause (IV) to 
     address a natural disaster, civil disorder, strike, or other 
     local condition.

       ``(VI) Direct verification.--

       ``(aa) In general.--In accordance with regulations 
     promulgated by the Secretary, in verifying the sample 
     selected in accordance with subclause (IV), the local 
     educational agency may first obtain from certain public 
     agencies administering the programs identified in item (bb) 
     of this subclause, and similar income-tested programs, 
     information to verify eligibility for free or reduced price 
     meals.
       ``(bb) Public agency records.--Public agency records that 
     may be used to verify eligibility for free meals shall 
     include income information relied upon within 12 months prior 
     to verification under subclause (IV) in the administration of 
     the following programs: the food stamp program established 
     under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); the 
     State program funded under part A of title IV of the Social 
     Security Act; the Food Distribution Program on Indian 
     Reservations (FDPIR) authorized under section 4(b) of the 
     Food Stamp Act of 1977 (7 U.S.C. 2013(b)); and the State 
     Medicaid program under title XIX of the Social Security Act 
     (42 U.S.C. 1396 et seq.) in a State in which the income 
     eligibility limit described in section 1902(l)(2)(C) of the 
     Social Security Act is no higher than 133 percent of the 
     income official poverty line as specified in section 
     1902(l)(2)(A) of such Act, in the case of eligibility for 
     free meals, and 185 percent of the income official poverty 
     line as specified in such section in the case of reduced 
     price meals.

       ``(VII) Plain, understandable language.--Any and all 
     communications to parents regarding verification under 
     subclause (IV) shall be in an understandable and uniform 
     format, and, to the extent practicable, in a language that 
     parents can understand.

       ``(ii) Direct certification for children in food stamp 
     households.--

       ``(I) In general.--Each State agency shall, to the extent 
     practicable, enter into an agreement with the State agency 
     conducting eligibility determinations for the food stamp 
     program established under the Food Stamp Act of 1977 (7 
     U.S.C. 2011 et seq.).
       ``(II) Procedures.--Subject to clause (iv), the agreement 
     shall establish procedures under which a child who is a 
     member of a household receiving assistance under the program 
     referred to in subclause (I) shall be certified as eligible 
     for free meals under this Act, without further application.
       ``(III) Direct certification.--Subject to clause (iv), 
     under the agreement, the local educational agency conducting 
     eligibility determinations for a school meal program 
     conducted under this Act shall certify a child who is a 
     member of a household receiving assistance under the program 
     referred to in subclause (I) as eligible for free meals under 
     this Act without further application.
       ``(IV) Notice.--The appropriate local educational agency 
     shall provide annually to the parents or guardians of all 
     students who are members of a household receiving assistance 
     under the program referred to in subclause (I), notification, 
     in an understandable and uniform format, and, to the extent 
     practicable, in a language that parents can understand, that 
     any school-aged child in that household is eligible for free 
     lunches or breakfasts.

       ``(iii) Direct certification of children in other 
     households.--Subject to clause (iv), any local educational 
     agency may certify any child as eligible for free lunches or 
     breakfasts, without further application, by directly 
     communicating with the appropriate State or local agency to 
     obtain documentation of such child's status as a migratory 
     child, as such term is defined in section 1309(2) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6399(2)), or a member of a family that is receiving 
     assistance under a State program funded under part A of title 
     IV of the Social Security Act if the Secretary determines the 
     State program complies with standards established by the 
     Secretary that ensure that the standards under the State 
     program are comparable to or more restrictive than those in 
     effect on June 1, 1995.
       ``(iv) Disclosure of information.--The use or disclosure of 
     any information obtained from an application for free or 
     reduced price meals, or from a State or local agency referred 
     to in clauses (ii) and (iii), shall be limited to--

       ``(I) a person directly connected with the administration 
     or enforcement of this Act or the Child Nutrition Act of 1966 
     (42 U.S.C. 1771 et seq.), or a regulation issued pursuant to 
     either Act;
       ``(II) a person directly connected with the administration 
     or enforcement of--

       ``(aa) a Federal education program;
       ``(bb) a State health or education program administered by 
     the State or local educational agency (other than a program 
     carried out under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.); or
       ``(cc) a Federal, State, or local means-tested nutrition 
     program with eligibility standards comparable to the program 
     under this section;

       ``(III)(aa) the Comptroller General of the United States 
     for audit and examination authorized by any other provision 
     of law; and
       ``(bb) notwithstanding any other provision of law, a 
     Federal, State, or local law enforcement official for the 
     purpose of investigating an alleged violation of any program 
     requirements under paragraph (1) or this paragraph; and
       ``(IV) a person directly connected with the administration 
     of the State Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) or the State children's 
     health insurance program under title XXI of that Act (42 
     U.S.C. 1397aa et seq.) solely for the purpose of identifying 
     children eligible for benefits under, and enrolling children 
     in, such programs, except that this subclause shall apply 
     only to the extent that the State and the local educational 
     agency so elect.

       ``(v) Limitation.--Information provided under clause 
     (iv)(II) shall be limited to the income eligibility status of 
     the child for whom application for free or reduced price meal 
     benefits was made or for whom eligibility information was 
     provided under clause (ii) or (iii), unless the consent of 
     the parent or guardian of the child for whom application for 
     benefits was made is obtained.
       ``(vi) Penalty for unauthorized disclosure.--A person 
     described in clause (iv) who publishes, divulges, discloses, 
     or makes known in any manner, or to any extent not authorized 
     by Federal law (including a regulation), any information 
     obtained under this subsection shall be fined not more than 
     $1,000 or imprisoned not more than 1 year, or both.
       ``(vii) Requirements for waiver of confidentiality.--A 
     State that elects to exercise the option described in clause 
     (iv)(IV) shall ensure that any local educational agency 
     acting in accordance with that option--

       ``(I) has a written agreement with the State or local 
     agency or agencies administering health insurance programs 
     for children under titles XIX and XXI of the Social Security 
     Act (42 U.S.C. 1396 et seq. and 1397aa et seq.) that requires 
     the health agencies to use the information obtained under 
     clause (iv) to seek to enroll children in those health 
     insurance programs; and
       ``(II)(aa) notifies each household, the information of 
     which shall be disclosed under clause (iv), that the 
     information disclosed will be used only to enroll children in 
     health programs referred to in clause (iv)(IV); and
       ``(bb) provides each parent or guardian of a child in the 
     household with an opportunity to elect not to have the 
     information disclosed.

       ``(viii) Use of disclosed information.--A person to which 
     information is disclosed under clause (iv)(IV) shall use or 
     disclose the information only as necessary for the purpose of 
     enrolling children in health programs referred to in clause 
     (iv)(IV).
       ``(D) Free and reduced price policy statement.--After the 
     initial submission, a local educational agency shall not be 
     required to submit a free and reduced price policy statement 
     to a State educational agency under this Act unless there is 
     a substantive change in the free and reduced price policy of 
     the local educational agency. A routine change in the policy 
     of a local educational agency, such as an annual adjustment 
     of the income eligibility guidelines for free and reduced 
     price meals, shall not be sufficient cause for requiring the 
     local educational agency to submit a policy statement.''.
       (b) Conforming Amendment.--Section 9(b)(6)(B) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1758(b)(6)(B) is amended by inserting ``, or documentation

[[Page 5067]]

     showing the child's status as a migratory child, as such term 
     is defined in section 1309(2) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6399(2))'' after 
     ``subparagraph (A)(iii)''.

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

       Section 9(b)(3) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1758(b)(3)) is amended to read as 
     follows:
       ``(3) Eligibility for free and reduced price lunches.--
       ``(A) Free lunches.--Any child who is a member of a 
     household whose income, at the time the application is 
     submitted, is at an annual rate which does not exceed the 
     applicable family size income level of the income eligibility 
     guidelines for free lunches, as determined under paragraph 
     (1), shall be served a free lunch.
       ``(B) Reduced price lunches.--
       ``(i) In general.--Any child who is a member of a household 
     whose income, at the time the application is submitted, is at 
     an annual rate greater than the applicable family size income 
     level of the income eligibility guidelines for free lunches, 
     as determined under paragraph (1), but less than or equal to 
     the applicable family size income level of the income 
     eligibility guidelines for reduced price lunches, as 
     determined under paragraph (1), shall be served a reduced 
     price lunch.
       ``(ii) Maximum price.--The price charged for a reduced 
     price lunch shall not exceed 40 cents.
       ``(C) Duration.--Except as otherwise specified in section 
     11(a) or section 9(b)(2)(C)(i)(IV), eligibility for free or 
     reduced price meals for any school year shall remain in 
     effect--
       ``(i) beginning on the date of eligibility approval for the 
     current school year; and
       ``(ii) ending on the date of the beginning of school in the 
     subsequent school year or as otherwise specified by the 
     Secretary.''.

     SEC. 203. CERTIFICATION BY LOCAL EDUCATIONAL AGENCIES.

       (a) Certification by Local Educational Agency.--Section 9 
     of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1758) is further amended--
       (1) in subsection (b)(5), by striking ``Local school 
     authorities'' and inserting ``Local educational agencies''; 
     and
       (2) in subsection (d)(2)--
       (A) by striking ``local school food authority'' each place 
     it appears and inserting ``local educational agency''; and
       (B) in subparagraph (A), by striking ``such authority'' and 
     inserting ``the local educational agency''.
       (b) Definition of Local Educational Agency.--Section 12(d) 
     of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1760(d)) is amended--
       (1) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Local educational agency.--
       ``(A) In general.--The term `local educational agency' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(B) Inclusion.--The term `local educational agency' 
     includes, in the case of a private nonprofit school food 
     authority, an appropriate entity determined by the 
     Secretary.''.
       (c) School Breakfast Program.--Section 4(b)(1)(E)) of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1773(b)(1)(E)) is 
     amended by striking ``school food authority'' each place it 
     appears and inserting ``local educational agency''.

     SEC. 204. COMPLIANCE AND ACCOUNTABILITY.

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

     SEC. 205. TECHNOLOGY IMPROVEMENT.

       (a) Priority for Reallocated Funds.--Section 7(a)(5)(B)(ii) 
     of the Child Nutrition Act of 1966 (42 U.S.C. 
     1776(a)(5)(B)(ii)) is amended by inserting the following new 
     sentence at the end: ``The Secretary shall give special 
     consideration to States that will use the funds for 
     improvements in technology and information management systems 
     described in subsection (e)(2).''.
       (b) Conforming Amendment.--Section 7(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1776(b)) is amended by 
     striking ``and for staff development'' and inserting ``for 
     staff development; and technology and information management 
     systems''.

     SEC. 206. MINIMUM STATE ADMINISTRATIVE EXPENSE GRANTS.

       Section 7(a) of the Child Nutrition Act (42 U.S.C. 
     1776(a)(1)) is further amended--
       (1) by striking the heading and all that follows through 
     paragraph (1), 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 fiscal year the Secretary shall make available to the 
     States for their Administrative costs an amount equal to not 
     less than 1\1/2\ percent of the Federal funds expended under 
     sections 4, 11, 17, and 17A of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1753, 1759a) 1766, and 
     1766a)) and sections 3 and 4 of this Act during the second 
     preceding fiscal year.
       ``(B) Minimum amount.--In the case of each of fiscal years 
     2005 through 2007, the Secretary shall make available to each 
     State for their administrative costs not less than the 
     initial allocation made to the State under this subsection 
     for fiscal year 2004.
       ``(C) Allocation.--The Secretary shall allocate the funds 
     so provided in accordance with paragraphs (2), (3), and (4) 
     of this subsection.
       ``(D) Authorization of appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     the purposes of this section.''; and
       (2) in paragraph (2), by striking ``$100,000'' and 
     inserting ``$200,000''.

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

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

     SEC. 208. ADMINISTRATIVE ERROR REDUCTION.

       (a) Federal Support for Training and Technical 
     Assistance.--Section 21 of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1769b-1) is amended--
       (1) by redesignating subsection (e) as subsection (g); and
       (2) by inserting after subsection (d) the following:
       ``(e) Administrative Training and Technical Assistance 
     Materials.--In collaboration with State educational agencies, 
     school food authorities, and local educational agencies of 
     varying sizes, the Secretary shall develop and distribute 
     training and technical assistance materials relating to the 
     administration of school meal programs that are--
       ``(1) prepared by the Secretary (based on research or other 
     sources), a State educational agency, a school food 
     authority, or a local educational agency; and
       ``(2) representative of the best management and 
     administrative practices of State agencies, school food 
     authorities, and local educational agencies as determined by 
     the Secretary.
       ``(f) Federal Administrative Support.--
       ``(1) Funding.--
       ``(A) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary of Agriculture to carry out this 
     subsection--
       ``(i) on October 1, 2004 and October 1, 2005, $3,000,000; 
     and
       ``(ii) on October 1, 2006, and October 1, 2007, $2,000,000.
       ``(B) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this subsection the funds transferred under subparagraph (A), 
     without further appropriation.

[[Page 5068]]

       ``(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 related 
     to administrative practices designed to improve program 
     integrity and administrative accuracy in school meals 
     programs (including administrative requirements established 
     by the Child Nutrition Improvement and Integrity Act and 
     amendments made by that Act) to State educational agencies 
     and, to the extent determined by the Secretary, to school 
     food authorities and local educational agencies;
       ``(B) to assist State educational agencies in reviewing the 
     administrative practices of school food authorities, to the 
     extent determined by the Secretary; and
       ``(C) to carry out the activities described in subsection 
     (e).''.
       (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 local 
     educational agencies.--
       ``(A) Definition of selected local educational agency.--In 
     this paragraph, the term `selected local educational agency' 
     means a local educational agency that has a demonstrated a 
     high level of, or a high risk for, administrative error, as 
     determined by the Secretary.
       ``(B) Additional administrative review.--In addition to any 
     review required by subsection (a) or paragraph (1), each 
     State educational agency shall conduct an administrative 
     review of each selected local educational agency during the 
     review cycle established under 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 local 
     educational agency, including application, certification, 
     verification, meal counting, and meal claiming procedures.
       ``(D) Results of review.--If the State educational agency 
     determines (on the basis of a review conducted under 
     subparagraph (B)) that a selected local educational agency 
     fails to meet performance criteria established by the 
     Secretary, the State educational agency shall--
       ``(i) require the selected local educational agency to 
     develop and carry out an approved plan of corrective action;
       ``(ii) except to the extent technical assistance is 
     provided directly by the Secretary, provide technical 
     assistance to assist the selected local educational agency in 
     carrying out the corrective action plan; and
       ``(iii) conduct a follow-up review of the selected local 
     educational agency under standards established by the 
     Secretary.
       ``(4) Recovering funds after administrative reviews.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), if 
     the local educational agency fails to meet administrative 
     performance criteria established by the Secretary in both an 
     initial review and a follow-up review under paragraph (1) or 
     (3) or subsection (a), the Secretary may require the State 
     educational agency to recover funds from the local 
     educational agency that would otherwise be paid to the school 
     food authority or local educational agency for school meals 
     programs under procedures prescribed by the Secretary.
       ``(B) Amount.--The amount of funds recovered under 
     subparagraph (A) shall equal the value of any overpayments 
     made to the school food authority or local educational agency 
     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 such overpayments 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 recovered funds.--
       ``(A) In general.--Subject to subparagraph (B), funds 
     recovered under paragraph (4) shall--
       ``(i) be returned to the Secretary under procedures 
     established by the Secretary, and may be used--

       ``(I) to provide training and technical assistance related 
     to administrative practices designed to improve program 
     integrity and administrative accuracy in school meals 
     programs (including administrative requirements established 
     by the Child Nutrition Improvement and Integrity Act and 
     amendments made by that Act) to State educational agencies 
     and, to the extent determined by the Secretary, to school 
     food authorities and local educational agencies;
       ``(II) to assist State educational agencies in reviewing 
     the administrative practices of school food authorities, to 
     the extent determined by the Secretary; and
       ``(III) to carry out section 21(e); or

       ``(ii) be credited to the child nutrition programs 
     appropriation account.
       ``(B) State share.--Subject to subparagraph (C), a State 
     educational agency may retain not more than 25 percent of an 
     amount recovered under paragraph (4), to carry out school 
     meals program integrity initiatives to assist school food 
     authorities and local educational agencies that have 
     repeatedly failed (as determined by the Secretary) to meet 
     administrative performance criteria.
       ``(C) Requirement.--To be eligible to retain funds under 
     subparagraph (B), a State educational agency shall--
       ``(i) submit to the Secretary a plan describing how the 
     State educational agency will use the funds to improve school 
     meals program integrity, including measures to give priority 
     to school food authorities and local educational agencies 
     from which funds were retained under paragraph (4); and
       ``(ii) obtain the approval of the Secretary for the 
     plan.''.
       (c) Training and Technical Assistance.--Section 7 of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1776) is amended--
       (1) in subsection (e)--
       (A) by striking ``(e) Each'' and inserting the following:
       ``(e) Plans 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.--After 
     submitting the initial plan, a State shall be required to 
     submit to the Secretary for approval only a substantive 
     change in the plan. 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--
       ``(A) monitoring the nutrient content of meals served;
       ``(B) training schools and school food authorities how to 
     utilize technology and information management systems for 
     activities such as menu planning, collecting point of sale 
     data, processing applications for free and reduced price 
     meals and verifying eligibility for free and reduced price 
     meals using existing databases to access program 
     participation or income data collected by State or local 
     educational agencies; 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) Training and technical assistance.--Each State shall 
     submit to the Secretary for approval a plan describing the 
     manner in which the State intends to implement subsection (g) 
     and section 22(b)(3) of the Richard B. Russell National 
     School Lunch Act (as added by section 208 of the Child 
     Nutrition Improvement and Integrity Act).'';
       (2) by redesignating subsection (g) as subsection (i); 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 Improvement and Integrity Act and the 
     amendments made by that Act.
       ``(2) Federal role.--The Secretary shall--
       ``(A) provide training and technical assistance (including 
     training materials and information developed under 
     subsections (e) and (f) of section 21 of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1769b-1)) to a 
     State to assist the State in carrying out paragraph (1); or
       ``(B) at the option of the Secretary, directly provide 
     training and technical assistance described in paragraph (1).
       ``(3) Third-party contracting.--In carrying out this 
     subsection, the Secretary or a State may contract with a 
     third party under procedures established by the Secretary.
       ``(4) Required participation.--Under procedures established 
     by the Secretary that consider the various needs and 
     circumstances of school food authorities, each school food 
     authority or local educational agency shall ensure that an 
     individual conducting or overseeing administrative procedures 
     described in paragraph (1) receives training at least 
     annually, unless determined otherwise by the Secretary.
       ``(h) 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.

[[Page 5069]]

       ``(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 under section 22(b)(3) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1769c(b)(3)).
       ``(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 in 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 Improvement 
     and Integrity Act 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.''.

TITLE III--PROMOTING NUTRITION QUALITY AND PREVENTING CHILDHOOD OBESITY

     SEC. 301. LOCAL SCHOOL WELLNESS POLICY.

       Not later than the first day of the school year beginning 
     after June 30, 2006, local educational agencies participating 
     in the programs authorized by the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.) and the Child 
     Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall 
     establish a local school wellness policy for such local 
     agency that at a minimum--
       (1) includes goals for nutrition education, physical 
     activity and other school-based activities designed to 
     promote student wellness that the local educational agency 
     determines are appropriate;
       (2) includes nutrition guidelines selected by the local 
     educational agencies for all foods available on school campus 
     during the school day with the objective of promoting student 
     health and reducing childhood obesity;
       (3) provides an assurance that guidelines for reimbursable 
     school meals shall not be less restrictive than regulations 
     and guidance issued by the Secretary pursuant to section 
     10(a) and (b) of the Child Nutrition Act (42 U.S.C. 1779(a) 
     and (b)) and section 9(f)(1) and section 17(a) of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1758(f)(1) 
     and 1766(a)), as those regulations and guidance apply to 
     schools;
       (4) establishes a plan for ensuring implementation of the 
     local wellness policy, including designation of a person or 
     persons within the local educational agency, or at each 
     school as appropriate, charged with operational 
     responsibility for ensuring that such school meets the local 
     wellness policy; and
       (5) involves parents, students, representatives of the 
     school food authority, the school board, school 
     administrators, and public in the development of the school 
     wellness policy.

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

       Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1788) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Purpose.--It is the purpose of this section to 
     support effective nutrition education through assistance to 
     State agencies, schools, and nonprofit entities for Team 
     Nutrition and other nutrition education projects that improve 
     student understanding of healthful eating patterns, including 
     an awareness and understanding of the Dietary Guidelines for 
     Americans, the quality of school meals and access to local 
     foods in schools and institutions operating programs under 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1751 et seq.) and section 4 of this Act.'';
       (2) by striking subsections (c) through (h) and inserting 
     after subsection (b) the following:
       ``(c) Team Nutrition Network.--
       ``(1) Purpose.--The purpose of the Team Nutrition Network 
     is to--
       ``(A) promote the nutritional health of the Nation's school 
     children through nutrition education, physical activity and 
     other activities that support healthy lifestyles for children 
     based on the Dietary Guidelines for Americans, issued jointly 
     by the Secretary of Agriculture and the Secretary of Health 
     and Human Services, and the physical fitness guidelines 
     issued by the Secretary of Health and Human Services;
       ``(B) provide assistance to States for the development of 
     State-wide, comprehensive, and integrated nutrition education 
     and physical fitness programs; and
       ``(C) provide training and technical assistance to States, 
     school and community nutrition programs, and child nutrition 
     food service professionals.
       ``(2) State coordinator.--The State Team Nutrition Network 
     Coordinator shall--
       ``(A) administer and coordinate a comprehensive integrated 
     statewide nutrition education program; and
       ``(B) coordinate efforts with the Food and Nutrition 
     Service and State agencies responsible for children's health 
     programs.
       ``(3) Team nutrition network.--Subject to the availability 
     or appropriations to carry out this subsection, the 
     Secretary, in consultation with the Secretary of Education, 
     shall, on a competitive basis, provide assistance to States 
     for the purpose of creating model nutrition education and 
     physical activity programs, consistent with current dietary 
     and fitness guidelines, for students in elementary schools 
     and secondary schools.
       ``(4) Requirements for state participation.--To be eligible 
     to receive assistance under this subsection, a State 
     Coordinator shall submit an application to the Secretary at 
     such time, an in such manner, and containing such information 
     as the Secretary may require, including--
       ``(A) a description of how the proposed nutrition and 
     physical activity program will promote healthy eating and 
     physical activity and fitness and address the health and 
     social consequences of children who are at risk of becoming 
     overweight or obese;
       ``(B) information describing how nutrition activities are 
     to be coordinated at the State level with other health 
     activities conducted by education, health and agriculture 
     agencies;
       ``(C) information describing how initiatives to promote 
     physical activity are to be coordinated at the State level 
     with other initiatives to promote physical activity conducted 
     by education, health, and parks and recreation agencies;
       ``(D) a description of the consultative process that the 
     State Coordinator employed in the development of the model 
     nutrition and physical activity programs, including 
     consultations with individuals and organizations with 
     expertise in promoting public health, nutrition, or physical 
     activity, and organizations representing the agriculture, 
     food and beverage, fitness, and sports and recreation 
     industries;
       ``(E) a description of how the State Coordinator will 
     evaluate the effectiveness of its program; and
       ``(F) a description of how any and all communications to 
     parents and guardians of all 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 
     can understand.
       ``(5) Duration.--Subject to the availability of funds made 
     available to carry out this subsection, a State Coordinator 
     shall conduct the project for a period of 3 successive school 
     years.
       ``(6) Authorized activities.--An eligible applicant that 
     receives assistance under this subsection may use funds to 
     carry out one or more of the following activities--
       ``(A) collecting, analyzing, and disseminating data 
     regarding the extent to which children and youth in the State 
     are overweight or physically inactive and the programs and 
     services available to meet those needs;
       ``(B) developing and implementing model elementary and 
     secondary education curricula to create a comprehensive, 
     coordinated nutrition and physical fitness awareness and 
     obesity prevention program;
       ``(C) developing and implementing pilot programs in schools 
     to increase physical activity and to enhance the nutritional 
     status of students, including through the increased 
     consumption of fruits and vegetables, whole grains, and 
     lowfat dairy products;
       ``(D) developing and implementing State guidelines in 
     health, which include nutrition education, and physical 
     education and emphasize regular physical activity during 
     school hours;
       ``(E) collaborating with community based organizations, 
     volunteer organizations, State medical associations, and 
     public health groups to develop and implement nutrition and 
     physical education programs targeting lower income children, 
     ethnic minorities, and youth at a greater risk for obesity;
       ``(F) collaborating with public or private organizations 
     that have as a mission the raising of public awareness of the 
     importance of a balanced diet and an active lifestyle; and
       ``(G) providing training and technical assistance to 
     teachers and school food service professionals consistent 
     with the purpose of this section.
       ``(7) Limitation.--Materials prepared under this subsection 
     regarding agricultural commodities, food, or beverages must 
     be factual and without bias.
       ``(8) Report.--Within 18 months of completion of the 
     projects and the evaluations, the Secretary shall submit to 
     the Committee on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on 
     Agriculture, Nutrition and Forestry of the Senate a report 
     describing the results of the evaluation of the demonstration 
     programs

[[Page 5070]]

     and shall make such reports available to the public, 
     including through the Internet.
       ``(9) Independent evaluation.--
       ``(A) In general.--The Secretary shall enter into an 
     agreement with an independent, non-partisan science-based 
     research organization to conduct a comprehensive independent 
     evaluation of the effectiveness of the Team Nutrition 
     initiative and the Team Nutrition Network authorized by this 
     subsection and to identify best practices in--
       ``(i) improving student understanding of healthful eating 
     patterns;
       ``(ii) engaging students in regular physical activity and 
     improving physical fitness;
       ``(iii) reducing diabetes and obesity rates in school 
     children;
       ``(iv) improving student nutrition behaviors on the school 
     campus including healthier meal choices evidenced by greater 
     inclusion of fruits, vegetables, whole grains, and lean dairy 
     and protein in meal and snack selections;
       ``(v) providing training and technical assistance for food 
     service professionals resulting in the availability of 
     healthy meals that appeal to ethnic and cultural taste 
     preferences;
       ``(vi) linking meals programs to nutrition education 
     activities; and
       ``(vii) successfully involving school administrators, the 
     private sector, public health agencies, non-profit 
     organizations, and other community partners.
       ``(B) Report.--Not later than October 1, 2007, the 
     Secretary shall transmit the findings of the independent 
     evaluation to the Committee on Education and the Workforce of 
     the House of Representatives, the Committee on Health, 
     Education, Labor, and Pensions and the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate.
       ``(d) Local Nutrition and Physical Activity Project.--
       ``(1) In general.--Subject to the availability of 
     appropriations to carry out this subsection, the Secretary, 
     in consultation with the Secretary of Education, shall 
     provide assistance to not more than 100 local educational 
     agencies, at least one per State, for the establishment of 
     pilot projects for purposes of promoting healthy eating 
     habits and increasing physical activity, consistent with the 
     Dietary Guidelines for Americans issued jointly by the 
     Secretary of Agriculture and the Secretary of Health and 
     Human Services, among elementary and secondary education 
     students.
       ``(2) Requirement for participation in pilot project.--To 
     be eligible to receive assistance under this subsection, a 
     local educational agency shall, in consultation with 
     individuals who possess education or experience appropriate 
     for representing the general field of public health, 
     including nutrition and fitness professionals, submit to the 
     Secretary an application that shall include--
       ``(A) a description of the local educational agency's need 
     for nutrition and physical activity programs;
       ``(B) a description of how the proposed project will 
     improve health and nutrition through education and increased 
     access to physical activity;
       ``(C) a description of how funds under this subsection will 
     be coordinated with other programs under this Act, the 
     Richard B. Russell National School Lunch Act, or other Acts, 
     as appropriate, to improve student health and nutrition;
       ``(D) a statement of the local educational agency's 
     measurable goals for nutrition and physical education 
     programs and promotion;
       ``(E) a description of how the proposed project will be 
     aligned with the local wellness policy required under the 
     Act;
       ``(F) a description of the procedures the agency will use 
     for assessing and publicly reporting progress toward meeting 
     those goals; and
       ``(G) a description of how communications to parents and 
     guardians of participating students regarding the activities 
     under this subsection shall be in an understandable and 
     uniform format, and, to the extent practicable, in a language 
     that parents can understand.
       ``(3) Duration.--Subject to the availability of funds made 
     available to carry out this subsection, a local educational 
     agency receiving assistance under this subsection shall 
     conduct the project during a period of 3 successive school 
     years.
       ``(4) Authorized activities.--An eligible applicant that 
     receives assistance under this subsection--
       ``(A) shall use funds provided to--
       ``(i) promote healthy eating through the development and 
     implementation of nutrition education programs and curricula 
     based on the Dietary Guidelines for Americans; and
       ``(ii) increase opportunities for physical activity through 
     after school programs, athletics, intramural activities, and 
     recess; and
       ``(B) may use funds provided to--
       ``(i) educate parents and students about the relationship 
     of a poor diet and inactivity to obesity and other health 
     problems;
       ``(ii) develop and implement physical education programs 
     that promote fitness and lifelong activity;
       ``(iii) provide training and technical assistance to food 
     service professionals to develop nutritious, more appealing 
     menus and recipes;
       ``(iv) incorporate nutrition education into physical 
     education, health education, and after school programs, 
     including athletics;
       ``(v) involve parents, nutrition professionals, food 
     service staff, educators, community leaders, and other 
     interested parties in assessing the food options in the 
     school environment and developing and implementing an action 
     plan to promote a balanced and healthy diet;
       ``(vi) provide nutrient content or nutrition information on 
     meals served through the school lunch or school breakfast 
     programs and items sold a la carte during meal times;
       ``(vii) encourage the increased consumption of a variety of 
     healthy foods through new initiatives such as salad bars and 
     fruit bars; and
       ``(viii) provide nutrition education, including sports 
     nutrition education, for teachers, coaches, food service 
     staff, athletic trainers, and school nurses.
       ``(5) Limitation.--Materials prepared under this subsection 
     regarding agricultural commodities, food, or beverages must 
     be factual and without bias.
       ``(6) Report.--Within 18 months of completion of the 
     projects and evaluations, the Secretary shall transmit to the 
     Committee on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions and the Committee on Agriculture, 
     Nutrition and Forestry of the Senate a report describing the 
     results of the evaluation of the pilot projects and shall 
     make such reports available to the public, including through 
     the Internet.
       ``(e) Nutrition Education Support.--
       ``(1) In general.--In carrying out the purpose of this 
     section to support nutrition education, the Secretary may 
     provide for technical assistance and grants to improve the 
     quality of school meals and access to local foods in schools 
     and institutions.
       ``(2) School meals initiative.--The Secretary may provide 
     assistance to enable State educational agencies to--
       ``(A) implement the recommendations of the Secretary's 
     School Meals Initiative for Healthy Children;
       ``(B) increase the consumption of fruits, vegetables, low-
     fat dairy products, and whole grains;
       ``(C) reduce saturated fat and sodium in school meals;
       ``(D) improve school nutritional environments; and
       ``(E) conduct other activities that aid schools in carrying 
     out the Secretary's School Meals Initiative for Healthy 
     Children.
       ``(3) Access to local foods.--The Secretary may provide 
     assistance, through competitive matching grants and technical 
     assistance, to schools and nonprofit entities for projects 
     that--
       ``(A) improve access to local foods in schools and 
     institutions participating in programs under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
     and Section 4 of this Act through farm-to-cafeteria 
     activities that may include the acquisition of food and 
     appropriate equipment and the provision of training and 
     education;
       ``(B) are, at a minimum, designed to procure local foods 
     from small- and medium-sized farms for school meals;
       ``(C) support nutrition education activities or curriculum 
     planning that incorporates the participation of 
     schoolchildren in farm and agriculture education activities;
       ``(D) develop a sustained commitment to farm-to-cafeteria 
     projects in the community by linking schools, agricultural 
     producers, parents, and other community stakeholders;
       ``(E) require $100,000 or less in Federal contributions;
       ``(F) require a Federal share of costs not to exceed 75 
     percent;
       ``(G) provide matching support in the form of cash or in 
     kind contributions (including facilities, equipment, or 
     services provided by State and local governments and private 
     sources); and
       ``(H) cooperate in an evaluation to be carried out by the 
     Secretary.''; and
       (3) by redesignating subsection (i) as subsection (f), and 
     amending paragraph (1) of such subsection to read as follows:
       ``(1) In general.--There is authorized to be appropriated 
     such sums as may be necessary for carrying out this section 
     for fiscal years 2004 through 2008.''.

     SEC. 303. FRUITS AND VEGETABLE COMMODITIES.

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

     SEC. 304. FLUID MILK.

       Section 9(a)(2) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1758(a)(2)) is amended to read as 
     follows:
       ``(2) Fluid milk.--
       ``(A) In general.--Lunches served by schools participating 
     in the school lunch program under this Act--
       ``(i) shall offer students fluid milk in a variety of fat 
     contents;
       ``(ii) may offer students flavored and unflavored fluid 
     milk and lactose-free fluid milk; and
       ``(iii) shall provide a substitute for fluid milk for 
     students whose disability restricts

[[Page 5071]]

     their diet, upon receipt of a written statement from a 
     licensed physician that identifies the disability that 
     restricts the student's diet and that specifies the 
     substitute for fluid milk.
       ``(B) Substitutes.--
       ``(i) Standards for substitution.--Schools may substitute 
     for the fluid milk provided under subparagraph (A), a non-
     dairy beverage that is nutritionally equivalent to fluid milk 
     and meets nutritional standards as established by the 
     Secretary (which shall, among other requirements to be 
     determined by the Secretary, include fortification of 
     calcium, protein, vitamin A, and vitamin D to levels found in 
     cow's milk) for students who cannot consume fluid milk 
     because of a medical or other special dietary need other than 
     a disability described in subparagraph (A)(iii).
       ``(ii) Notice.--Such substitutions may be made if the 
     school notifies the State agency that it is implementing a 
     variation allowed under this subparagraph, and if such 
     substitution is requested by written statement of a medical 
     authority or by a student's parent or legal guardian that 
     identifies the medical or other special dietary need that 
     restricts the student's diet, provided that the school shall 
     not be required to provide beverages other than those it has 
     identified as acceptable substitutes.
       ``(iii) Excess expenses borne by the school district.--
     Expenses incurred in providing substitutions pursuant to this 
     subparagraph that are in excess of those covered by 
     reimbursements under this Act shall be paid by the school 
     district.
       ``(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. 305. WAIVER OF REQUIREMENTS FOR WEIGHTED AVERAGES FOR 
                   NUTRIENT ANALYSIS.

       Section 9(f)(5) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C 1758(f)(5)) is amended to read as 
     follows:
       ``(5) Waiver of requirements for weighted averages for 
     nutrient analysis.--State educational agencies may grant 
     waivers to school food authorities to the requirement for 
     weighted averages for nutrient analysis of menu items and 
     foods offered or served as part of a meal offered or served 
     under the school lunch program under this Act or the school 
     breakfast program under section 4 of the Child Nutrition Act 
     of 1966 (42 U.S.C. 1773) if--
       ``(A) the school food authority has an equivalent system 
     for conducting a nutrient analysis, subject to State agency 
     approval; and
       ``(B) the equivalent system adequately documents the extent 
     to which the school food authority is meeting the Dietary 
     Guidelines for Americans and other nutrition standards.
     In addition, the Secretary may waive, on a case by case 
     basis, the requirement for a State agency to use weighted 
     averages when conducting a nutrient analysis as part of a 
     review (of compliance with the Dietary Guidelines and other 
     nutrition standards) of a school food authority not using 
     nutrient standard menu planning, when, in the Secretary's 
     determination, an alternative analysis would yield results 
     that would adequately measure a school food authority's 
     compliance with current nutrition standards for school 
     meals.''.

     SEC. 306. WHOLE GRAINS.

       Not later than 18 months after the date of enactment of 
     this Act, the Secretary shall promulgate rules, based on 
     Federal nutrition guidelines, to increase the presence of 
     whole grains in foods offered in school nutrition programs 
     under the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 
     U.S.C. 1771 et seq.).

     SEC. 307. FRUIT AND VEGETABLE PILOT PROGRAM.

       Section 18(g) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1769) is amended--
       (1) in paragraph (1), by striking ``In the school year 
     beginning'' and inserting ``Beginning'';
       (2) by striking paragraph (3) and redesignating paragraphs 
     (2) and (4) as paragraphs (5) and (6), respectively, and 
     inserting after paragraph (1) the following:
       ``(2) Additional states.--In addition to the States 
     participating under subsection (1), the Secretary shall make 
     available free fresh and dried fruits and fresh vegetables to 
     students in 25 elementary or secondary schools in each State 
     or Indian reservation selected for participation.
       ``(3) Selection of schools.--In selecting additional 
     schools to participate in the pilot program under paragraph 
     (2) of this subsection, the Secretary shall--
       ``(A) 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;
       ``(B) solicit applications from interested schools that 
     include--
       ``(i) information pertaining to the percentage of students 
     enrolled in the school submitting the application who are 
     eligible for free or reduced price school lunches under this 
     Act;
       ``(ii) a certification of support for participation in the 
     pilot program signed by the school food manager, the school 
     principal, and the district superintendent (or their 
     equivalent positions, as determined by the school); and
       ``(iii) a plan for implementation of the pilot program that 
     includes a partnership with an entity or entities of the 
     fruit and vegetable industry, which shall contribute not less 
     than 15 percent, in cash or in kind, for the acquisition, 
     handling, promotion, and distribution of fresh and dried 
     fruits and fresh vegetables provided under this program; and
       ``(iv) such other information as may be requested by the 
     Secretary; and
       ``(C) 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.
       ``(4) Special rule.--Schools participating in the program 
     described in paragraph (1) shall receive a priority in the 
     receipt of assistance under this subsection and shall not be 
     subject to the requirements of paragraph (3).''; and
       (3) by amending paragraph (6) (as redesignated by this 
     section) to read as follows:
       ``(6) Authorization of appropriations.--There is authorized 
     to be appropriated $11,000,000 for fiscal year 2004 and such 
     sums as may be necessary for fiscal years 2005 through 2008, 
     to carry out this subsection.''.

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

     SEC. 401. DEFINITION OF NUTRITION EDUCATION.

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

     SEC. 402. DEFINITION OF SUPPLEMENTAL FOODS.

       Section 17(b)(14) of the Child Nutrition Act of 1966 (42 
     U.S.C. 1786(b)(14)) is amended by inserting after 
     ``children'' the following: ``and foods that promote 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''.

     SEC. 403. IMPROVING CERTIFICATION.

       (a) Certification of Women Who Are Breastfeeding.--Section 
     17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786(d)(3)(A)) is amended by adding at the end the following: 
     ``A State may certify breast-feeding women for up to 1 year, 
     or until women stop breast-feeding, whichever is earlier.''
       (b) Physical Presence Requirement.--Section 17(d)(3)(C)(ii) 
     of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786(d)(3)(C)(ii)) is amended--
       (1) in subclause (I)(bb), by striking ``from a provider 
     other than the local agency; or'' and inserting a semicolon;
       (2) in subclause (II)(cc), by striking the period at the 
     end and inserting ``; and''; and
       (3) by inserting after subclause (II) the following:

       ``(III) an infant under 8 weeks of age--

       ``(aa) who cannot be present at certification for a reason 
     determined appropriate by the local agency; and
       ``(bb) for whom all necessary certification information is 
     provided.''.
       (c) Processing Applications Under Special Circumstances.--
     Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 
     U.S.C. 1786(f)(1)(C)) is amended by--
       (1) redesignating clauses (ix) and (x) as clauses (x) and 
     (xi), respectively; and
       (2) inserting after clause (viii) the following:
       ``(ix) procedures whereby a State agency may accept and 
     process vendor applications outside of the established time-
     frames, such as in situations in which a previously 
     authorized vendor changes ownership under circumstances that 
     do not permit timely notification to the State agency of such 
     change in ownership;''.
       (d) Rescheduling Policies.--Section 17(f)(19) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(f)(19)) is amended--
       (1) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) require local agencies that schedule certification 
     appointments to permit an applicant or participant to 
     reschedule an appointment to apply or be recertified for the 
     program.''.

     SEC. 404. REVIEWS OF AVAILABLE SUPPLEMENTAL FOODS.

       (a) Scientific Review.--Section 17(f)(11) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)) is amended to 
     read as follows:
       ``(11)(A) The Secretary shall prescribe by regulations the 
     supplemental foods to be made available in the program under 
     this section. To the degree possible the Secretary

[[Page 5072]]

     shall assure that the fat, sugar, and salt content of the 
     prescribed foods is appropriate.
       ``(B) Beginning in 2013 and every 10 years thereafter, or 
     more frequently if determined by the Secretary to be 
     necessary to reflect current scientific knowledge, the 
     Secretary shall conduct a scientific review of the 
     supplemental foods available in the program and recommend, as 
     necessary, changes to reflect nutrition science, current 
     public health concerns, and cultural eating patterns.''.
       (b) Rulemaking.--The Secretary shall promulgate a final 
     rule updating the prescribed supplemental foods available 
     through the program authorized under section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786) within 18 months of 
     receiving the review of the food package for such program 
     undertaken by the National Academy of Sciences, Institute of 
     Medicine in September 2003.

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

       Section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786(f)) is amended by adding at the end the following:
       ``(25) Notification of violations.--If a State agency finds 
     that a vendor has committed a violation that requires a 
     pattern of occurrences in order to impose a sanction, the 
     State agency shall notify the vendor of the initial violation 
     in writing prior to documentation of another violation, 
     unless the State agency determines that notifying the vendor 
     would compromise an investigation.
       ``(26) Infant formula benefits.--
       ``(A) In general.--The State agency may round up to the 
     next whole can of formula to ensure that all participants 
     receive the full-authorized nutritional benefit specified by 
     regulation.
       ``(B) Limitation.--For formula covered by infant formula 
     contracts, subparagraph (A) shall take effect as contracts 
     are awarded under bid solicitations made on or after October 
     1, 2004.''.

     SEC. 406. HEALTHY PEOPLE 2010 INITIATIVE.

       Section 17(h)(4) of the Child Nutrition Act of 1966 (42 
     U.S.C. 1786(h)(4)) is amended--
       (1) in subparagraph (D), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (E) the following:
       ``(F) partner with communities, State and local agencies, 
     employers, health care professionals, and 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.''.

     SEC. 407. COMPETITIVE BIDDING.

       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) Rebate invoices.--Each State agency shall have a 
     system to ensure that infant formula rebate invoices, under 
     competitive bidding, provide a reasonable estimate or an 
     actual count of the number of units sold to participants in 
     the program under this section.
       ``(v) Cent-for-cent adjustments.--A bid solicitation for 
     infant formula under the program made on or after October 1, 
     2004 shall require the manufacturer to adjust 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; or
       ``(II) a cent-for-cent decrease in the rebate amounts if 
     there is a decrease in the lowest national wholesale price 
     for a full truckload of the particular infant formula.''.

     SEC. 408. FRUIT AND VEGETABLE PROJECTS.

       Section 17(h)(10)(B)(ii) of the Child Nutrition Act of 1966 
     (42 U.S.C. 1786(h)(10)(B)(ii)) is amended by inserting after 
     ``under this section'' the following: ``, which may include 
     demonstration projects in up to 10 local sites, determined to 
     be geographically and culturally representative of local 
     States and Indian agencies, to evaluate the inclusion of 
     fresh, frozen, or canned fruits and vegetables (to be made 
     available through private funds) as an addition to the 
     supplemental food provided under this section''.

     SEC. 409. PRICE LEVELS OF RETAIL STORES.

       Section 17(h)(11) of the Child Nutrition Act of 1966 is 
     amended by adding at the end the following:
       ``(C) Additional requirements.--
       ``(i) The State agency shall evaluate a vendor applicant 
     based on its shelf prices or on the prices it bids for 
     supplemental foods, which may not exceed its shelf prices.
       ``(ii) The State agency shall establish price limitations 
     on the amount that it will pay vendors for supplemental 
     foods. The State agency shall ensure that price limitations 
     do not result in inadequate participant access by geographic 
     area.
       ``(iii) In establishing competitive price and price 
     limitation requirements, the State agency may exclude 
     pharmacy vendors that supply only exempt infant formula or 
     medical foods that are eligible under the program.
       ``(iv) The State agency shall establish competitive price 
     requirements and price limitations for vendor peer groups, as 
     necessary to ensure that prices paid to vendors are 
     competitive. Vendor peer group competitive price requirements 
     and price limitations may reflect reasonable estimates of 
     varying costs of acquisition of supplemental foods.
       ``(D) Incentive items.--The State agency shall not 
     authorize a retail food store that provides incentive items 
     or other free merchandise to program participants if funds 
     available under this program were used to purchase such items 
     or merchandise.
       ``(E) Rules of construction.--Nothing in this section may 
     be construed to authorize violation of the Sherman Antitrust 
     Act (15 U.S.C. 1 et seq.) or the Robinson-Patman Act (15 
     U.S.C. 13 et seq.).''.

     SEC. 410. MANAGEMENT INFORMATION SYSTEMS.

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

     SEC. 411. INFANT FORMULA FRAUD PREVENTION.

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

     SEC. 412. STATE ALLIANCES.

       Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786) is further amended--
       (1) in subsection (b) by adding at the end the following:
       ``(22) `State alliance' means 2 or more State agencies that 
     join together for the purpose of procuring infant formula by 
     soliciting competitive bids.''; and
       (2) in subsection (h)(8)(A) by adding at the end the 
     following:
       ``(vi) Size of state alliances.--No State alliance may form 
     among States whose infant participation exceeds 200,000 based 
     on program participation as of October 2003, except that--

       ``(I) an alliance among States with a combined 200,000 
     infant participants as of October 2003 may continue, and may 
     expand to include more than 200,000 infants, but may not 
     expand to include any additional State agencies that were not 
     included in the alliance as of October 1, 2003, other than as 
     provided in subclause (II); and
       ``(II) any State agency serving fewer than 5,000 infant 
     participants as of October 2003, or any Indian Tribal 
     Organization, may request to join any State alliance.''.

     SEC. 413. LIMITS ON EXPENDITURES.

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

     SEC. 414. MIGRANT AND COMMUNITY HEALTH CENTERS INITIATIVE.

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

     SEC. 415. DEMONSTRATION PROJECTS.

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

     SEC. 416. AUTHORIZATION OF APPROPRIATIONS.

       (a) Reauthorization of Program.--Section 17(g) of the Child 
     Nutrition Act of 1966

[[Page 5073]]

     (42 U.S.C. 1786(g)) is amended by striking ``(g)(1) There are 
     authorized'' and all that follows through ``through 2003.'' 
     in paragraph (1) and inserting the following:
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section such sums as are necessary for each 
     of fiscal years 2004 through 2008.''.
       (b) Nutrition Services and Administration Funds.--Section 
     17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) 
     is amended--
       (1) in paragraph (2)(A), by striking ``1995 through 2003'' 
     and inserting ``2004 through 2008''; and
       (2) in paragraph (10)(A), by striking ``1995 through 2003'' 
     and inserting ``2004 through 2008''.
       (c) Farmers' Market Nutrition Program.--Section 
     17(m)(9)(A)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 
     1786(m)(9)) is amended to read as follows:
       ``(i) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection such sums as 
     are necessary for each of fiscal years 2004 through 2008.''.

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

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

       Section 21(a) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1769b-1(a)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) subject to the availability of and from amounts 
     appropriated pursuant to subsection (g)(1), shall provide--
       ``(A) training and technical assistance to improve the 
     skills of individuals employed in food service programs 
     carried out under this Act, section 4 of the Child Nutrition 
     Act of 1966 (42 U.S.C. 1773), and, as appropriate, other 
     federally assisted feeding programs;
       ``(B) training and technical assistance to States, State 
     agencies, schools, and school food authorities in the 
     procurement of goods and services for programs under this Act 
     and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
     including training and technical assistance to ensure 
     compliance with section 12(n) of this Act (42 U.S.C. 
     1760(n));
       ``(C) assistance, on a competitive basis, to State agencies 
     for the purpose of aiding schools and school food authorities 
     with at least 50 percent of enrolled children certified to 
     receive free or reduced price meals, 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 addresses the cost 
     savings and improvements in program integrity and operations 
     that would result from the use of new or upgraded technology 
     in--
       ``(i) methods to ensure that there shall not be any overt 
     identification of any such child by special tokens or 
     tickets, announced or published list of names, or by any 
     other means;
       ``(ii) processing and verifying applications for free and 
     reduced price school meals;
       ``(iii) integrating menu planning, production, and serving 
     data to monitor compliance with section 9(f)(1); and
       ``(iv) establishing compatibility with statewide reporting 
     systems;
       ``(D) assistance, on a competitive basis, to State agencies 
     with low proportions of schools or students that participate 
     in the school breakfast program under section 4 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1773) and that demonstrate 
     the greatest need, for the purpose of aiding schools in 
     meeting costs associated with initiating or expanding a 
     school breakfast program under section 4 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1773), including outreach 
     and informational activities; and''; and
       (2) in paragraph (2), by striking ``subsection (e)(2)'' and 
     inserting ``subsection (g)(2).''

     SEC. 502. NOTICE OF IRRADIATED FOOD.

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

     SEC. 503. SENSE OF CONGRESS.

       Section 12 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1760) is further amended by adding at the end 
     the following:
       ``(p) Sense of Congress.--It is the sense of Congress that 
     Federal resources provided under this Act and the Child 
     Nutrition Act of 1966 dedicated to child nutrition should 
     support the most effective programs within the Federal agency 
     that is most capable of assisting children in nutritional 
     need. Congress encourages the elimination of initiatives that 
     are duplicative of other Federal efforts, particularly those 
     that are duplicative of programs conducted under this Act and 
     the Child Nutrition Act of 1966.''.

     SEC. 504. REAUTHORIZATION OF PROGRAMS.

       (a) State Administrative Expenses.--Section 7(i) of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1776(g)) (as amended 
     by this Act) is amended by striking ``2003'' and inserting 
     ``2008''.
       (b) Commodity Distribution Program.--
       (1) Section 14(a) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1762a(a)) is amended by striking ``March 
     31, 2004'' and inserting ``September 30, 2008''.
       (2) Section 15(e) of the Commodity Distribution Reform Act 
     and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 
     100-237) is amended by striking ``April 1, 2004'' and 
     inserting ``October 1, 2008''.
       (c) Purchases of Locally Produced Foods.--Section 
     9(j)(2)(A) of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 758(j)(2)(A)) is amended by striking ``2007'' 
     and inserting ``2008''.
       (d) Training, Technical Assistance, and Food Service 
     Management Institute.--Section 21(g)(1) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1769b-1(e)(1)) 
     (as amended by this Act) is further amended by striking ``for 
     each of fiscal years 1992 through 2003'' and inserting ``for 
     fiscal year 2004, and such sums as may be necessary for 
     fiscal years 2005 through 2008''.
       (e) Compliance and Accountability.--Section 22(d) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1769c(d)) is amended by striking ``2003'' and inserting 
     ``2008''.

     SEC. 505. EFFECTIVE DATES.

       The amendments made by sections 101, 104, 105(a), 202, 410, 
     416, and 504 shall take effect on the date of enactment of 
     this Act. The amendments made by sections 201 and 208(c) 
     shall take effect on July 1, 2005. All other amendments made 
     by this Act shall take effect October 1, 2004.

  The SPEAKER pro tempore (Mr. Fossella). Pursuant to the rule, the 
gentleman from Ohio (Mr. Boehner) and the gentlewoman from California 
(Ms. Woolsey) each will control 20 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Boehner).


                             General Leave

  Mr. BOEHNER. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 3873.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. BOEHNER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this measure, which represents 
months of hard work and commitment to bipartisan cooperation. In that 
spirit, we have before us a bill that will extend the life of the 
Federal child nutrition programs while strengthening program integrity, 
ensuring effective use of Federal resources, and providing continued 
nutrition services for millions of American children.
  First and foremost, I would like to thank the author of this bill and 
those who have worked closely with him to reach our shared goal of 
strengthening Federal child nutrition programs. The chairman and 
ranking member of the Subcommittee on Education Reform, the gentleman 
from Delaware (Mr. Castle) and the gentlewoman from California (Ms. 
Woolsey), deserve a

[[Page 5074]]

great deal of credit for their hard work and cooperation that have 
brought this bill before us today. I would also like to thank the 
gentleman from California (Mr. George Miller), the ranking member of 
the committee, for his continued commitment to a bipartisan, 
cooperative process.
  The Federal child nutrition programs ensure millions of needy 
children have access to healthy and nutritious meals. The investment in 
these programs is considerable, and so is our obligation to ensure our 
Federal resources are being used effectively and efficiently. Children 
and families depend on the Federal child nutrition programs, and they 
depend on us to ensure that these programs are being administered with 
integrity.
  The Child Nutrition Improvement and Integrity Act reauthorizes the 
National School Lunch and Breakfast programs, Child and Adult Care Food 
program, After-School Snack program, the Summer Food Service program, 
the Special Supplemental Nutrition Program for Women, Infants and 
Children. Taken together, the reforms in this bill will help ensure we 
are making the most of Federal child nutrition resources, while being 
mindful of program quality and integrity.
  The bill before us strikes, I think, an important balance between our 
desire to promote healthy nutritional choices and physical activity 
among children, and the need to preserve local control for schools, 
communities, and States. The gentleman from Delaware (Mr. Castle), the 
author of this bill, has been a leader in our efforts to reduce the 
epidemic of child obesity by promoting a comprehensive approach that 
includes nutrition education and physical activity. In particular, the 
establishment of local wellness policies, written at the local level to 
reflect local needs, marks significant progress that will promote 
nutrition education and increase physical activity in schools while 
maintaining local control.
  To improve program integrity within the Federal child nutrition 
programs and ensure access for eligible children, the legislation makes 
a number of positive reforms. The bill allows children whose parents 
are in the Armed Forces and living in privatized military housing to 
continue to receive free or reduced-price meals in school if they meet 
the eligibility requirements. It also helps the parents by allowing 
them to submit a single application for multiple children and ensures 
enrollment of eligible children through the use of direct certification 
of school lunch eligibility for those children in families receiving 
food stamps.
  Importantly, the Child Nutrition Improvement and Integrity Act also 
takes steps to reduce paperwork by allowing school lunch certifications 
to be valid for one full year, preventing situations in which schools 
are forced to repeatedly certify children within a single school year. 
The bill also includes a provision originally proposed by the gentleman 
from Florida (Mr. Keller) to help reduce the stigma amongst children 
receiving free and reduced-price lunches by helping schools make 
technological improvements such as automated meal card systems that 
keep students' financial status confidential. That, in fact, will also 
increase the efficiency of program operations.
  These are just a few of the numerous reforms that will ensure 
eligible children and families access to services and Federal resources 
that are being effectively leveraged to serve children in need.
  I would also like to recognize the gentleman from Michigan (Mr. 
Upton) and the gentleman from Wisconsin (Mr. Kind) for their commitment 
to encouraging partnerships that allow fresh and local produce to go 
from farms to schools. In recognizing the success and popularity of the 
fruit and vegetable pilot program, which provides free fresh and dried 
fruits and fresh vegetables to children in 25 schools in each of four 
States and on one Indian reservation, I am pleased that the bill before 
us authorizes the continuation and expansion of this valuable program.
  The act before us will prevent important nutritional programs from 
expiring, while ensuring that they continue to operate effectively and 
efficiently. I am pleased to support this measure and encourage my 
colleagues to join me in voting ``yes'' and ensuring the availability 
of nutritional services for millions of vulnerable children and their 
families.
  Mr. Speaker, I reserve the balance of my time.
  Ms. WOOLSEY. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. George Miller), the ranking member of 
the Committee on Education and the Workforce.
  Mr. GEORGE MILLER of California. Mr. Speaker, I thank the gentlewoman 
for yielding me such time as I may consume, as long as I do not go on 
and on.
  Mr. Speaker, I want to thank the majority for working with us and for 
bringing this bill to the floor today. I want to thank the chairman, 
the gentleman from Ohio (Mr. Boehner), and the gentleman from Delaware 
(Mr. Castle), the chairman of the subcommittee, for their efforts, as 
well as the ranking member of the subcommittee, the gentlewoman from 
California (Ms. Woolsey), for her participation and effort in arriving 
at this compromise, which I think is a very good bill on child 
nutrition. I also want to thank the American School Food Service 
Association for all of their years of effort to improve the quality of 
this program, to expand its coverage of this program, and for 
continuously looking after the nutritional state of our schoolchildren, 
especially since we now so clearly understand the link between 
nutrition and school performance among children.
  Over 27 million schoolchildren take advantage of the school meals 
program every day. More than 2 million children receive meals during 
the summer, and the Child and Adult Care Food program provides over 1.5 
million meals to children in child care programs. The Women, Infants 
and Children program provides information on healthy eating and 
nutritious foods for nearly 7.5 million poor women and their children. 
Clearly, families still struggle to provide their children with healthy 
meals, and the need for quality nutrition continues to exist in this 
country.
  Mr. Speaker, H.R. 3873 acknowledges these needs, and it contains 
significant program improvements to allow more and more low-income 
children to access these programs in schools, after-school programs, 
child care centers, and through the Women, Infants and Children 
program. These policies reflect common sense in these programs. If a 
child is deemed to be eligible for both the Federal assistance 
programs, they should be eligible for free and reduced-price meals. The 
bill removes barriers for migrant children and homeless and runaway 
youth by making them automatically eligible for school meal programs. 
It continues a provision to allow children in low-income and military 
families to participate in these programs.
  While many of us would have liked to go further to eliminate the 
reduced-price category of meals so that more children could eat for 
free, this bill makes headway in assuring that children who are 
eligible for these programs are, in fact, receiving the meals. These 
program improvements are laudable, and I support the bill for all of 
these reasons.
  I am, however, disappointed that at a time when the trends in 
childhood obesity rates reveal a disturbing health crisis, we did not 
take the opportunity presented to us to improve the quality of foods 
available to children in the school meals program.

                              {time}  1300

  Obesity rates have doubled for children and tripled for adolescents 
in just for over the last two decades. More children are experiencing 
adults' health problems such as high blood cholesterol, high blood 
pressure, Type II diabetes, all of which is contributed to the 
threefold increase in annual hospital costs for obesity-related 
diseases in children over the past 20 years. This Nation can no longer 
ignore the cost of this problem to our children and to the health care 
system in this country.
  We can all agree that there are no simple solutions to the issue of 
childhood obesity. The local wellness policy

[[Page 5075]]

that will now be required of schools is a good start, as is a new 
emphasis on physical activity. However, this is not an adequate 
response to the health problems facing millions of children and youth.
  The Federal Government can and should address the nutritional quality 
of food available in schools. Without Federal guidelines on this issue, 
the overall quality of the school meal programs is significantly 
undermined and children will continue to be surrounded by unhealthy 
food choices in schools. I will continue to press for action on this 
area, and I hope that the chairman will join me, as will the members of 
the committee.
  This is a significant reauthorization. It is a substantial 
improvement in the existing programs and I urge all of my colleagues to 
support this legislation.
  Mr. BOEHNER. Mr. Speaker, I yield 4 minutes to the gentleman from 
Delaware (Mr. Castle), the author of the bill and the chairman of the 
Subcommittee on Education Reform.
  Mr. CASTLE. Mr. Speaker, I thank the gentleman for yielding me time.
  The bill before us today represents several months of hard work, 
cooperation and dedication to strengthening nutritional services for 
vulnerable children. I am pleased to have this bill before us and to 
have the support of so many members of committee, including the 
gentleman from California (Mr. George Miller) and gentlewoman of 
California (Ms. Woolsey) and obviously the great help of the gentleman 
from Ohio (Mr. Boehner) and all the work that he did.
  The fact that this is on a 40-minute calendar situation does not show 
the kind of work that went into getting it ready for the floor here 
today. I thank all those people.
  The Child Nutrition Improvement and Integrity Act makes a number of 
positive reforms focusing on reaching three main goals: ensuring 
eligible children have access to services, promoting comprehensive 
solutions to the health and nutrition of children, and strengthening 
program integrity to ensure Federal resources are being effectively 
leveraged to serve children who qualify.
  The bill reauthorizes the National School Lunch and Breakfast 
programs, Child and Adult Care Food program, After-School Snack 
program, Summer Food Service program, and the Special Supplemental 
Nutrition Program For Women, Infants and Children, which we know as 
WIC, and I think it goes a long way in strengthening these programs on 
behalf of disadvantaged children and their families.
  While the bill includes a variety of important reforms, there are a 
few I would like to mention specifically. With little money to work 
with, we were able to increase access to child nutrition programs for 
eligible children. For example, the bill extends participation for 
eligible children whose parents are in the Armed Forces and living in 
privatized military housing so these children may continue receiving 
free or reduced-price meals. This provision alone would benefit 250 
children in my home State of Delaware and up to 100,000 children 
nationwide.
  The Federal Government invests roughly $16 billion annually in child 
nutrition programs. Ensuring the effective use of these resources by 
enhancing program integrity has been a top priority for me during the 
reauthorization process to ensure that children who deserve these 
services are receiving them and those who do not are not. To this end, 
we have taken steps to reduce administrative error, improve accuracy, 
and enhance accountability for program administration.
  Finally, I would like to highlight an issue of particular concern to 
me, childhood obesity. During visits to schools over the past several 
years, I have noticed a growing number of obese children. We all 
recognize the fact that obesity has reached epidemic proportions in our 
Nation. Defeating this crisis will require the work of many, including 
schools, parents, government, the health community, and industry.
  The bill before us today also includes important steps to promote 
comprehensive solutions to child health and nutrition, including 
provisions to promote nutritional education and physical activity at 
the State and local level.
  H.R. 3873 also asks that local educational agencies have a local 
wellness policy. The policy will include goals for nutrition education 
and physical activity and include nutrition guidelines for foods sold 
in schools. Developed in consultation with parents, students, school 
food service professionals, school boards and administrators, and the 
public, the wellness policies will serve as a catalyst for encouraging 
a larger dialogue on how to combat obesity.
  The Child Nutrition Improvement and Integrity Act is the result of 
cooperative efforts to strengthen nutritional services provided to 
needy children and families through the various child nutrition 
programs. I would like to thank my colleagues for their cooperation in 
bringing this bill forward, and I urge its passage.
  Ms. WOOLSEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3873, the Child Nutrition 
Improvement and Integrity Act, which reauthorizes the Federal Child 
Nutrition programs. This is a bipartisan bill. It was unanimously 
reported out of the Committee on Education and the Workforce, and I 
thank the chairman of the full committee and the gentleman from 
Delaware (Mr. Castle), chairman of the Subcommittee on Education 
Reform, for working in good faith with the ranking member, the 
gentleman from California (Mr. George Miller) and myself in getting to 
this point.
  But I want to say that we would not be here without the great staffs 
on both sides of the aisle. I thank the staffs so much.
  While there is more that I would have liked to do in this 
reauthorization such as a full expansion of the free breakfast program 
for all kids, no matter their economic status, and tighter restrictions 
on the junk food that is sold in schools, the Child Nutrition and 
Improvement and Integrity Act does improve the Federal Child Nutrition 
programs in many important ways.
  H.R. 3873 improves accuracy in school meals programs without dropping 
eligible children; makes it easier for eligible students to get free 
and reduced-price meals by making the application process easier; makes 
homeless and migrant youth and children, whose families receive food 
stamps, automatically eligible for free meals; allows youth up to age 
18 to participate in meal programs if they are living in domestic 
violence or homeless shelters; increases start-up and expansion grants 
for school breakfast programs; and includes a study for the best ways 
to overcome common barriers to offering breakfast at schools; helps 
students make better food choices, and fight obesity with Team 
Nutrition which provides nutrition education to students and training 
and support to improve the nutrition of foods sold in school; requires 
school districts to develop a local ``wellness policy'' which addresses 
both what students eat at school and the role that physical activity 
plays in good health.
  This bill creates greater opportunities for schools to include fresh 
and dried fruits and fresh vegetables in school meals, gets our very 
youngest children off to a healthy start with the new WIC Fruit and 
Vegetable pilot program that will study the benefits of including 
fruits and vegetables in the WIC food package.
  In conclusion, Mr. Speaker, the Child Nutrition Improvement and 
Integrity Act improves the nutritional well-being of low-income 
children by improving the Federal child nutrition programs. H.R. 3873 
proves that child nutrition truly is bipartisan and it is a priority of 
this Congress. I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CASTLE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Carter).
  Mr. CARTER. Mr. Speaker, I rise in support of H.R. 3873, the Child 
Nutrition Improvement and Integrity Act, which includes language which 
I offered to stop infant formula theft.

[[Page 5076]]

  Stolen infant formula is a major problem throughout the country, 
including Texas. In 2003, an international crime ring stole and sold as 
much as $2.5 million worth of baby formula a month in Texas. Testimony 
before the Congress revealed that some of the proceeds may go to 
terrorism. Undercover work also shows that this extends across the 
United States.
  After being stolen, the formula is stored and sometimes repackaged 
with phony expiration dates and then it is sold to small convenience 
stores in the United States. The stolen formula is often resold to 
customers using vouchers from federally funded Women, Infants and 
Children programs. Undercover agents say WIC is unwittingly the number 
one fence for this operation in the country.
  Section 409 of this legislation requires the State agencies to 
license and maintain a list of infant formula manufacturers, 
wholesalers, distributors and retailers approved to provide infant 
formula to the vendors. This section closes the loopholes that would 
allow crime rings to steal infant formula and resell this formula to 
the retailer, who often is unaware that the formula is stolen.
  I want to thank the gentleman from Ohio (Mr. Boehner), along with his 
staff, including Kate Howston and Stephanie Milburn for the important 
work they have done on this legislation.
  Ms. WOOLSEY. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Lee), who has very effectively added the irradiation 
part of this bill.
  Ms. LEE. Mr. Speaker, let me thank the chairman of the committee and 
subcommittee and the gentlewoman from California (Ms. Woolsey) and the 
gentleman from California (Mr. George Miller) for their incredibly hard 
work on this very important program.
  Let me talk about the provision of the bill dealing with irradiated 
food in the National School Lunch program. Today, over 27 million low-
income children throughout the Nation have come to rely on the National 
School Lunch program and also the breakfast program for a healthy and 
nutritious meal. In many cases, these programs provide the only source 
of information and nutrition that these children receive all day. So 
really it is very important that we provide healthy, nutritious meals 
to these students and information to their parents so that they know 
what they are eating.
  Basically when it comes to irradiated food, food of course that is 
really bombarded with gamma rays or electrons, there is no requirement 
in law that schools must notify parents or students about what they are 
eating or even that irradiated food is being served in schools. So that 
is why I introduced the Right To Know School Nutrition Act, which was 
intended to do just that.
  I want to thank the gentlewoman from California (Ms. Woolsey) and the 
gentleman from California (Mr. George Miller) for making sure that the 
provisions of that bill are included in this bill.
  Mr. CASTLE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Keller).
  Mr. KELLER. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I rise today to support H.R. 3873, the Child Nutrition 
Improvement and Integrity Act. I support this legislation not only 
because it strengthens the current school lunch program, but more 
specifically, it included language in the bill that I introduced called 
the Pride in the Lunch Line Act, H.R. 3869. The Pride in the Lunch Line 
Act amends the National School Lunch Act to allow schools access to 
existing Federal funds to purchase technology. This technology would 
allow low-income children to go through the lunch line without being 
identified as recipients of the free or reduced-price lunch program.
  I support this legislation because it addresses an issue many low-
income children face every day as they go through the lunch line, and 
that is embarrassment, embarrassed that their parents cannot afford to 
pay for daily meals so they are singled out in the lunch line in front 
of their peers as participants in the free or reduced lunch program.
  I have modeled my legislation after a program in one of my local 
school districts, Lake County, Florida, that uses technology to enable 
every child to go through the school lunch line without being 
identified as a free or reduced lunch recipient. Regardless of family 
income, every child has the exact same debit card which either their 
parents deposit money into or is funded by the program.
  This legislation will expand existing Federal funds to allow more 
schools across the Nation to implement similar technology programs. It 
will reduce the stigma for students and reduce the paperwork for 
schools. For these reasons, I encourage my colleagues to vote ``yes'' 
on the Child Nutrition Improvement and Integrity Act.
  Ms. WOOLSEY. Mr. Speaker, how much time remains on both sides?
  The SPEAKER pro tempore (Mr. Fossella). The gentlewoman from 
California (Ms. Woolsey) has 12 minutes remaining. The gentleman from 
Delaware (Mr. Castle) has 8 minutes remaining.
  Ms. WOOLSEY. Mr. Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Ryan), a member of the committee.
  Mr. RYAN of Ohio. Mr. Speaker, I thank the gentlewoman for yielding 
me time.
  Obesity will soon take over smoking as the number one cause of death 
in America; and in 2020, one of every five health care dollars will be 
spent fighting obesity. This is a good bill, but we can do much more.
  We teach our kids in our schools to eat healthy, but then we have 
vending machines full of junk food all over the schools. And I think 
one of the issues we need to address is to give the Secretary of the 
Agriculture the ability to regulate food in the food service areas and 
outside.
  If we tell our kids that they have to eat at a certain standard, a 
certain level in the food service area, we should also be able to 
regulate that outside. We feed our kids, basically, garbage.

                              {time}  1315

  We wonder why they misbehave in class and we wonder why they cannot 
sit still, and then we put them on Ritalin to get them back under 
control.
  This is a fiscally responsible way to go about it. It will save us 
money in the long run. It will save our health care system money, and 
quite frankly, our kids deserve better. We cannot be sending them mixed 
signals saying, Eat well, but only during lunchtime, and after 
lunchtime they can drink as much Coke and eat as much junk food as they 
possibly want.
  Mr. CASTLE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Nebraska (Mr. Osborne).
  Mr. OSBORNE. Mr. Speaker, I would like to thank the gentleman from 
Ohio (Chairman Boehner), the gentleman from Delaware (Chairman Castle), 
the gentleman from California (Mr. George Miller), the gentlewoman from 
California (Ms. Woolsey) and, of course, their staffs.
  I think this is a good bill. I am certainly in full support of it. It 
is a bipartisan bill and makes several needed changes to child 
nutrition. I would like to mention two of those that have particularly 
caught my attention.
  Number one, it creates a grant program to educate students about 
wellness through a teen nutrition program. I guess it has been my 
experience that so few young people really understand what a balanced 
diet looks like, and so I think the educational component is very 
important.
  Number two, it requires nutrition and physical education programs to 
be based on dietary and physical fitness guidelines issued by the 
Secretary of Health and Human Services. So we need some science-based 
standards because there are so many fad diets, fad exercises out there. 
Unless we have some uniform system, some uniform science-based 
standard, we are not going to do very well, and that bill does address 
that issue.
  As has been mentioned over and over again, childhood obesity has 
doubled

[[Page 5077]]

over the last 2 decades. This is due to two factors, one, poor 
nutrition, and number two, lack of exercise. The average child spends 6 
hours a day watching television, playing with the computer or doing 
video games. So we see arteriosclerosis, we see diabetes occurring at 
earlier and earlier ages.
  Obesity currently costs the United States $117 billion annually, and 
this figure is only going to continue to escalate, as has been pointed 
out previously, unless we curb childhood obesity. The best way to 
combat child obesity, the epidemic, is through education at an early 
age and promotion of physical activity. This bill takes steps to do 
that.
  I certainly support it. I urge support of H.R. 3873.
  Ms. WOOLSEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, while I support the passage of H.R. 3873 
today, I cannot support the budget that constrained, limited and 
ultimately stunted its final form.
  In the Committee on Education and the Workforce, we were told that 
funding was not available to eliminate the reduced-price category to 
allow more low-income children to receive school meals, often their 
only meals, for free. We were also told that the budget resolution did 
not allow for any expansion of school breakfasts and other programs.
  H.R. 3873 now comes before this House on a suspension calendar, 
perhaps to ensure that Members cannot offer amendments that might add 
additional costs to this bill. I had planned to offer an amendment that 
would have allowed schools to offer free breakfasts to students on the 
mornings they are scheduled to take a No Child Left Behind assessment.
  The NEA, the Ohio PTA, the National Farm Organization, the National 
Family Farm Coalition, the Community Food Security Coalition and others 
supported this amendment. Millions of parents, teachers, students and 
school administrators would have also supported it, along with other 
positive changes, but all further improvements and expansions are 
blocked in this bill.
  In contrast, later today we will debate a budget bill that allocates 
$10.2 billion, a 13 percent increase from last year, on a missile 
defense system that does not work, while this morning we restrict to 
$16 billion a nutrition bill we all know does work but could work even 
better.
  There is money to improve and expand education and nutrition, but 
situations like this force us to recognize lost opportunities that come 
about from tax cuts for the wealthiest and from unacccountable defense 
spending
  I urge my colleagues to vote for H.R. 3873, but I also urge them to 
remember those left behind and left hungry by the administration's 
misguided agenda.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentlewoman from Texas (Ms. Granger).
  Ms. GRANGER. Mr. Speaker, today we are talking about a bill that 
requires schools to develop nutritional guidelines for all foods sold 
in schools. I support this bill, and I believe it is very important for 
schools to have specific nutritional guidelines in place so healthy 
food is served in our school cafeterias, but I also want to make sure 
that everyone realizes that nutritional guidelines are only one piece 
of the childhood obesity puzzle.
  What we could overlook in this debate is that government-imposed 
guidelines can only do so much to prevent childhood obesity. If we 
really want to make a difference, we must focus on educating youth and 
their parents about the need to eat right and be physically active. 
Parents and their children must be acutely aware of the dangers of 
being overweight or obese.
  We now know that being overweight can lead to diabetes, heart 
disease, stroke, hypertension, uterine cancer, breast cancer, kidney 
cancer, gall bladder cancer, pregnancy complications, psychological 
disorders, and that is not the entire list.
  I say to parents and the Members today, do they know that people who 
are obese have a three times greater chance of dying in surgery due to 
complications? Did my colleagues know that obesity is costing this 
Nation almost as much as cigarette smoking? Did my colleagues know that 
over 40 million workdays are being lost each year to obesity?
  Do I have all the answers to the problem? No, but I do know that 
educating our youth and their parents is the necessary first step. 
Education is knowledge and knowledge is empowerment.
  This pamphlet, Healthy Habits for Healthy Kids, developed by experts 
from the American Dietetic Association is being passed out to 500,000 
elementary age children in Texas, free of charge, in the coming weeks. 
It gives easy-to-understand hints and suggestions that help youth and 
their parents make better choices in their diets, like one appropriate 
serving of meat is about the size of a deck of cards and one 
appropriate serving of pasta or rice looks like a tennis ball. It also 
lays out a physical activity game plan that an entire plan can adhere 
to.
  Efforts like these are going to make a dint in childhood obesity, one 
child and one parent at a time. As Members of Congress, we owe it to 
our constituents to educate them about the dangers of obesity.
  School nutritional guidelines are only one piece of this puzzle. 
Americans have to make the right choices.
  Ms. WOOLSEY. Mr. Speaker, I yield 2 minutes to the gentleman from New 
Jersey (Mr. Andrews), a very important member of the committee.
  Mr. ANDREWS. Mr. Speaker, I thank my good friend for yielding me the 
time.
  I want to thank the gentleman from Ohio (Mr. Boehner), the gentleman 
from Delaware (Mr. Castle), the gentleman from California (Mr. George 
Miller) and the gentlewoman from California (Ms. Woolsey) for their 
terrific leadership on this very important bill that helps a lot of 
children. I am honored to have had the chance to work with the 
committee on this bill and on four areas in particular that I think are 
a great step forward.
  The first is children who are in WIC-eligible families that are 
eligible for the Women, Infants and Children Program. Some of these 
children were not enrolled in the school lunch program, even though 
they were legally entitled to, because the right forms were not filed. 
This bill gives States the option of automatically enrolling children 
who are in the WIC program in the school lunch program, which is an 
excellent idea.
  The second thing we had the chance to work on was to make sure that 
children who attend for-profit schools and preschool centers will have 
a fair opportunity on a continuing basis to receive the benefits of 
this program. We think that every child, irrespective of the 
educational setting, ought to have that opportunity.
  The third group of children that this helps are children in summer 
schools. We are learning through our research in education that many 
children benefit from year-round schooling, summer school in 
particular. This bill extends more school nutrition to more summer 
school students, and I was proud to help make that a reality.
  Finally, there are a lot of children who for health or cultural or 
religious reasons prefer soy milk. The chairman deserves great credit 
for brokering a very good compromise on this issue, a very contentious 
issue, where under this bill if a parent sends a note to school with 
the child, expressing the desire that the child wishes to have soy 
milk, then the child gets it. That is a significant improvement over 
present law which requires a doctor's note, and I thank the chairman 
and the ranking member and the leaders of the subcommittee for making 
that very fine compromise a reality.
  A lot of children will be helped by this bill. I am proud to support 
it. I congratulate its authors.
  Ms. WOOLSEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Mississippi (Mr. Thompson).
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in support of H.R. 
3873, the Child Nutrition Improvement and Integrity Act.
  I would like to compliment the chairman and ranking member of the 
committee. They have brought a good bill to this House, and I urge my 
colleagues to vote for it.

[[Page 5078]]

  Among its many important provisions, this legislation will promote 
the consumption of milk in our Nation's schools. I, along with a few 
other colleagues, introduced H.R. 3250, a bipartisan bill to promote 
school milk. The Child Nutrition Improvement and Integrity Act before 
us includes several provisions of H.R. 3250, and I appreciate the 
committee's efforts.
  Under the child nutrition bill before us, milk will continue to be 
offered with every school meal. Schools will be able to offer a variety 
of fat levels. Schools will also be encouraged to offer a variety of 
flavors, as well as lactose-free milk for children who may be lactose 
intolerant, and regardless of any so-called exclusive sales contracts, 
schools will be able to sell milk anytime, anywhere on school property 
or at school events.
  This bill is a fair, reasonable compromise on substitutes for milk. 
Schools will be able to offer substitute beverages at their option 
where a child has a medical or a special dietary need. Parents will be 
able to certify their special dietary need. They will not have to 
obtain a physician's statement.
  Mr. Speaker, child nutrition programs are vital to all Americans. Our 
schools, our WIC clinics need the support of everyone in Congress. This 
bill renews and strengthens nutrition assistance and education and 
should pass unanimously. Please vote for this bill.
  Ms. WOOLSEY. Mr. Speaker, I yield myself as much time as I may 
consume.
  Again, I thank the staff for a bipartisan bill that was unanimously 
reported out of the Committee on Education and the Workforce.
  I also thank ASFSA, FRAC, NEA, AFT, the Hispanic Education Coalition, 
the Food Policy Working Group, the National Association of State WIC 
Directors, who all played a major role. And to name the staff, Kate 
Houston, Stephanie Milburn, Krisann Pearce, Julian Baer and Sara 
Rittling on our side of the aisle; Lynda Theil, Denise Forte and Joe 
Novotny, on the other side of the aisle. They worked really hard to 
represent us well, and I thank them so very much.
  There is something missing in this bill. We all know that if a child 
enters the classroom having had a nourishing breakfast, that child 
learns better, has better attendance and better discipline and tests 
better. But we have not ensured in this bill that every child will 
enter the classroom having had a nutritious breakfast. We have expanded 
the breakfast program by making it easier for those who are eligible or 
who want to participate in the program, making it easier for them to do 
that.
  But, Mr. Speaker, some day this country's going to have to step up to 
the plate, understand children are 25 percent of our population. They 
are 100 percent of the future of this country, and unless they learn to 
the best of their ability, we are not going to have the country we want 
in the future.
  So, in the future, and my colleagues can count on me, I am going to 
continue to talk about a universal school breakfast program for every 
single child in this Nation.
  Mr. Speaker, I yield back my time.
  Mr. BOEHNER. Mr. Speaker, I yield myself the balance of our time.
  As we have seen during the debate today, this has been a very 
cooperative process, very bipartisan process, both sides of the aisle 
coming together to do what we can do to improve the nutrition services 
and nutrition programs that the Federal Government operates for 
millions of American children.
  There is a lot more that a lot of people would want to do in the bill 
that we have before us, many things, unfortunately, that we cannot 
afford under the current budget to do, but I think it has been 
demonstrated that there is broad bipartisan support for this bill, and 
I would encourage Members to not let the perfect become the enemy of 
the good.
  We have a good, sound bill before us that will, in fact, ensure that 
millions of needy children are served either through the school lunch 
program, the WIC program or the breakfast program. For many of these 
children, it may be the only meal that they get all day.

                              {time}  1330

  Mr. Speaker, I would ask Members to support the bill. I also thank 
all of the staff, including Kate Houston on my staff, Stephanie 
Milburn, Krisann Pearce, Cindy Herrle, Julian Baer, Tyson Redpath who 
works in my personal office, and Sarah Rittling who works with the 
gentleman from Delaware (Mr. Castle), and all of our staff, Denise and 
others on the Democrat side for all of their hard work because they 
went through months and months of discussions and negotiations.
  I also thank all of the groups, the outside groups from the food 
service administrators to all of those involved in helping us forge 
this bipartisan agreement. This was not a very easy bill, but it did 
become easy because there was good cooperation between both sides of 
the aisle, good understanding of the issues of what we could and could 
not do. And in the end, bipartisanship does work when Members put their 
minds together and try to come up with a product that is in the best 
interest of American children. I would encourage Members to vote for 
the bill.
  Mr. RENZI. Mr. Speaker, I would like to thank Chairman John Boehner 
of the Education and Workforce Committee for his leadership in the 
effort to reauthorize and improve Federal nutrition programs. Since our 
Nation's youth are facing increased problems of obesity, high 
cholesterol, diabetes, and malnutrition, these programs are vital. H.R. 
3783, the Child Nutrition Improvement and Integrity Act, includes 
provisions to promote healthy choices among children, strengthen 
nutrition service programs, and ensure eligible children have access to 
services.
  Of particular interest to my State of Arizona are the important 
provisions that will increase the availability of fruits and vegetables 
in Federal child nutrition programs. Most notably, section 307 expands 
the Fruit and Vegetable Pilot Program to additional States and Native 
American reservations. I strongly favor efforts to expand this program. 
In just a short span of time, the results of the original pilot program 
appear overwhelmingly positive, as reports from the original 
participating schools indicate increased consumption and demand for 
healthy fruits and vegetables.
  I urge Secretary of Agriculture Ann M. Veneman to strongly consider 
expanding the Fruit and Vegetable Pilot Program to Arizona and its 
Native American reservations.
  Arizona, and Indian reservations within the State, are perfect 
candidates for the program's expansion for a number of reasons. Arizona 
has great diversity in its student profile, both in race and national 
origin, that span from the rural areas to its inner city sections, to 
its Native American reservations. Having the State of Arizona as a 
participant would enable the United States Department of Agriculture to 
better determine how such a program would perform on a national basis.
  Also, the need for fresh fruits and vegetables, and better overall 
nutrition, is especially acute in rural areas of Arizona, including 
Native American reservations. In general, these areas suffer from an 
aging transportation system, making it difficult and costly for 
distributors to deliver fruits and vegetables. If these items are 
available, they are often too expensive for many low income residents.
  I have seen how a lack of proper nutrition impacts children in these 
areas, most notably on tribal lands. It is not uncommon for children in 
these areas to suffer from dysentery and other illnesses either 
complicated or caused by poor diets.
  In addition, including Arizona and Native American reservations as 
participants would be money well spent. I have met with child nutrition 
advocates from Arizona and they are dedicated to providing school age 
children nutritious meals and are enthusiastic about the possibility of 
participating in this most important program. I will work to foster 
cooperation among school administrators, food service directors, and 
private sector participants to ensure that this program would be 
administered efficiently.
  Arizona and its tribal lands are also prime candidates because the 
State boasts a thriving produce industry that specializes in a wide 
range of specialty crops. Because of strong agricultural industry 
within the state, Arizona schools will be able to secure private/public 
partnerships with the produce industry. This is a key factor in that 
section 307 of H.R. 3873 requires participating schools to secure at 
least 15 percent of operation funding from private industry, either 
through in-kind donations or monies. Arizona growers and farmers are 
willing participants and economically viable partners who are eager to 
form a partnership with Arizona's schools to provide the benefits of 
healthy fruits and vegetables to school age children.

[[Page 5079]]

  Again, I thank you, as well as the bill's sponsor, Representative 
Castle, for your efforts in writing this legislation and promoting 
expansion of the Fresh Fruit and Vegetable Pilot Program. I hope that 
Arizona and its Native American reservations will be selected by the 
USDA as a participant under this most important program.
  Mr. KIND. Mr. Speaker, I rise today in strong support of H.R. 3873, 
the Child Nutritional Improvement and Integrity Act. As a member of the 
Education and the Workforce Committee, I am pleased with the process in 
which this bill moved through the Committee; it is a critical bill that 
will greatly benefit our nation's children as well as family farmers.
  Specifically, I am pleased that several provisions were included in 
the base bill, which I coauthored in previous legislation, H.R. 3250, 
the Child Nutrition Improvement Act of 2003, with Representatives 
Bennie Thompson, Gil Gutknecht, and tom Petri, that will combat the 
increasing problem of child obesity through increased child milk 
consumption by preventing commercial beverage companies from pressuring 
schools to remove milk vending machines.
  With 90 percent of teenage girls and 70 percent of teenage boys 
currently not getting enough calcium, it is imperative to provide 
increased availability of milk products in schools. This provision is 
necessary in light of recent stories about school districts being 
pressured to remove milk vending machines at a time when kids need milk 
more than ever. This amendment will ensure milk vending has a chance 
and that machines are not ripped out of schools; yet at the same time 
it does not force soda companies to sell milk. Wise choices can only be 
made when choice is provided and real milk vending is a logical part of 
a healthy school environment.
  Another provision included in the base bill, from H.R. 3250, will 
improve child nutrition by making it easier for schools to offer milk 
in a variety of flavors and fat contents to better meet students' 
varying tastes and needs, thereby increasing milk consumption by 
children. It is important to maintain milk's unique role in the 
reimbursable school milk programs. Since 1946, schools have offered 
milk with each school meal. The natural calcium found in milk plays a 
vital role in minimizing the risk of students developing calcium 
deficiency--which is already a serious problem, especially for our 
teenage girls, as I mentioned earlier.
  During Committee consideration, I also offered an amendment that 
would have augmented the reimbursement rate for school meals in schools 
implementing a plan to increase milk consumption. Under this amendment 
schools would have been allowed to use various measures to enhance milk 
products sold in schools. The National Dairy Council and the American 
School Food Service Association conducted a school milk pilot test to 
specifically measure the impact of an enhanced milk product on milk 
consumption and student attitudes towards milk in schools.
  The milk enhancements included: Plastic packaging and various sizes; 
a third flavor; improved storage and refrigeration; and better milk 
product merchandising.
  The results of this pilot were significant in that they showed milk 
sales increased 18 percent in all participating schools and milk 
consumption increased 28 percent in elementary schools. I withdrew this 
amendment, however, with the Chairman's agreement to continue working 
on it between now and conference. I hope we will be able to work out a 
compromise and include it in reauthorization.
  Numerous studies have proven how important milk is in young people's 
diets. A study published in 2002 in the Journal of the American 
Dietetic Association showed that teens who drink flavored milk drink 
fewer soft drinks and juice drinks, and have an overall better 
nutritional profile. Another study released recently found that 
children with the lowest intakes of dairy products gained much more 
body fat over an 8-year period and that a diet low in calcium may 
increase the levels of certain circulating hormones that in turn 
promote the storage of energy in fat cells.
  Additionally, H.R. 3873 includes legislation that I sponsored with 
Representative Upton, H.R. 2626, the Farm-to-Cafeteria Projects Act of 
2003. This provision focuses on connecting local agriculture to schools 
in every State, through a competitive, one-time matching grant directly 
to local communities. This allows each locality to design a farm-to-
cafeteria project tailored to specific farm and school community needs. 
Experience has shown that kids' food choices can be improved by 
connecting farms to the lunchroom. This program directly benefits the 
food and health needs of our Nation's children. At the same time, the 
program will help family farms, and provide markets and community 
support for agriculture.
  A final amendment I offered in Committee authorized a 3-year pilot 
project in elementary schools that links the school breakfast program 
with morning educational activities, similar to those authorized in the 
21st Century Community Learning Centers. The goal is to increase 
participation by removing the stigma that accompanies the current 
school breakfast program. If the school breakfast program is perceived 
as an enrichment program that will benefit all students, it is 
suggested that more students will participate.
  Mr. Speaker, again, I am pleased to support this bill on the floor 
today and I look forward to continuing to working on it as we move 
towards conference. Our goal in the 21st century should be to ensure 
that every child receives proper nutrition needed to succeed in school. 
It is a simple fact: good nutrition is an educational tool that 
improves children's performances in school.
  Mr. CARDOZA. Mr. Speaker, I rise today as Congress considers the H.R. 
3873 Child Nutrition Improvement and Integrity Act to continue to 
advocate for achieving greater nutritional benefits for the children 
and needy of the United States.
  However, first I must commend the Committee on Education and the 
Workforce for making important structural improvements in federal child 
nutrition programs in the bill we are considering on the floor today. 
H.R. 3873 will eliminate barriers to participation for low-income 
children and families in Federal feeding programs and will ensure 
greater access to critical nutrition programs. This bill also provides 
for an important pilot program to be implemented within the Women, 
Infant, and Children's (WIC) program to allow participants greater 
access to nutritionally valuable fruits and vegetables.
  Unfortunately, I believe that the Committee has missed an important 
opportunity to address a national health epidemic facing our nation's 
children: the dramatic rise in childhood obesity. Obesity has recently 
become the leading cause of death among Americans. Furthermore, 
commitment to a healthy lifestyle begins at a young age and 
particularly among disadvantaged Americans. School feeding and other 
nutrition programs, often provide the only opportunities for the 
consumption of healthy foods. Quite simply, our Federal feeding 
programs have failed to keep pace with modern nutritional standards and 
have not provided full access to healthy choices critical to combating 
chronic diseases and obesity.
  The are many bills currently pending before Congress, including one 
authored by myself and my colleague Representative Adam Putnam from 
Florida, which mandates the use of scientifically proven nutritional 
guidelines such as the 5-A-Day program in school breakfast and lunch 
programs. As only 15 percent of elementary school students are 
currently consuming the required 5 servings a day of fruits and 
vegetables, stronger language in H.R. 3873 could have ensured that the 
foods available to children are nutritious, healthy and provide 
children with choices necessary to achieve a healthy lifestyle.
  Additionally I believe that all WIC participants, not just those 
participating in the pilot program outlined in H.R. 3873, should have 
complete access to fruits and vegetables. It is unfortunate that since 
its inception almost 30 years ago, the WIC program has changed little 
in its dietary science. Consuming nutritionally rich foods has been 
proven time and again to combat disease and obesity we should be 
encouraging not discouraging WIC mothers to purchase these items for 
their families.
  Again, I commend the legislation under consideration today for 
reducing barriers to accessing Federal nutrition programs, but I also 
strongly urge my Colleagues and the U.S. Department of Agriculture to 
remain vigilant in the challenge we face in providing America's 
children and needy individuals healthy nutritional choices.
  Mr. GRIJALVA. Mr. Speaker, I would like to thank Mr. Boehner, Mr. 
Castle, Mr. Miller, and Ms. Woolsey for working on this reauthorization 
in a bipartisan fashion. I am very pleased to see a number of 
provisions in this bill that will help the Hispanic community, and 
specifically the migrant and seasonal farm working community to access 
the services they are entitled to.
  The average farm worker earns just $7,500 a year--leaving most of 
their families well below poverty level. The hardships that the 
children in these families face are only amplified by their migratory 
lifestyle. Their parents, who are poor, uneducated, and often with 
limited literacy in their native language, face many barriers in 
helping their children apply for services every time they move. These 
are the families that put food on our tables and these barriers are 
leaving their own children hungry. It is our responsibility to help 
them overcome these barriers because all children suffering from 
poverty deserve a nutritious lunch through this program.

[[Page 5080]]

  This bill includes a number of provisions that will help these 
eligible children gain access to free or reduced price lunches. It 
requires that materials sent to the parents be in an understandable and 
uniform format, and to the extent practicable, in a language that the 
parents can understand. By dismantling literacy and language barriers 
many more eligible families will be able to access information and be 
empowered to better make sound choices regarding healthful diet and 
lifestyle.
  Significant improvements have been made to the certification and 
verification process. Children will now be certified for one full 
year--helping migrant children in maintaining access through the school 
year, wherever they are. It will extend automatic eligibility to 
children who qualify for migrant educational services under the 
Elementary and Secondary Education Act. It allows for the direct 
certification of such children if they are identified by the district's 
migrant education coordinator. Schools will have the option to verify 
income data through Medicaid and the Food Distribution Program on 
Indian Reservations, FDPIR, in addition to TNF and Food Stamps. Schools 
will have the option of substituting applications under criteria 
established by the Secretary when they have independent knowledge that 
the household selected for verification is eligible, and they know that 
certain barriers will prevent them from responding.
  In addition to improvements to the certification and verification 
process, the bill encourages schools to consider the needs of ethnic 
minorities, who are at higher risk for obesity and diabetes, in the 
development of their nutrition education programs.
  These program improvements are significant, and as indicated in the 
bill title, they will certainly improve the program as well as increase 
the program's integrity. I recently decided to become a cosponsor of 
this bill, and I urge my colleagues to support its passage.
  Again, I would like to thank the leaders of the Committee on 
Education and the Workforce for considering these provisions a priority 
and for moving forward in a cooperative and bipartisan fashion during 
this reauthorization. Additionally, I would like to thank Mr. Ehlers 
for his commitment to migrant children during this reauthorization. I 
would also like to thank the staff on both sides of the aisle for their 
persistence and dedication to working cooperatively during this 
reauthorization. I urge my colleagues to support this reauthorization 
bill.
  Mr. HOLT. Mr. Speaker, I rise in support of this Child Nutrition Act 
and I ask permission to revise and extend my remarks. This bill is a 
step in the right direction of important reforms in federal child 
nutrition programs. I would like to thank Chairman Boehner, Mr. Castle 
and Ranking Member Mr. Miller and Ms. Woolsey for their hard work on 
the bill. I would also like to take this opportunity to thank the 
Chairman for taking my amendment eliminating the cost-accounting 
requirement for severe need breakfast programs in the manager amendment 
in the committee markup.
  This paperwork problem was brought to my attention by the director of 
the New Jersey Child Nutrition Programs, Kathy Kuser. Many States, 
including New Jersey as well as Wisconsin and Illinois, are making 
significant efforts to improve their school breakfast participation 
rate, and reducing the paperwork requirements would help these efforts.
  Under current law, schools in which at least 40 percent of the 
lunches served during the second preceding school year were free or 
reduced price qualify for severe need breakfast assistance. They have 
to calculate their costs per breakfast by prorating their labor costs, 
and figuring out their food, supplies and other costs associated with 
the school breakfast program. They have to save their receipts and 
calculations and submit them in order to get the severe need 
reimbursement. Removing the cost-accounting requirement would be a 
significant paperwork reduction for the schools without significantly 
increasing cost for the government.
  I also want to commend the committee for including direct 
certification for children from food stamp households for free school 
meals. Many schools are not aware of this method to determine 
eligibility for free meals. Direct certification improves access to 
eligible children for free school lunch meals and improves program 
integrity according to a study done by Mathematica.
  I am also pleased to see the bill authorizes grants for ``farm-to-
cafeteria'' projects that include nutrition education activities that 
incorporate the participation of school children in farm and 
agricultural education projects and that procure local foods from 
small- and medium-sized farms for school meals.
  Finally, the expansion of eligibility for Child and Adult Care Food 
Program (CACFP) for children in shelters from age 13 to 18 who live in 
domestic violence shelters and homeless shelters is a wonderful 
improvement to the previous child nutrition legislation. My 
constituents who participate in Mercer Street Friends, Anchor House, 
Triad House, Family Preservation Center (Homefront) and the Family 
Preservation House would benefit from this change to CACFP eligibility. 
These organizations depend on food donations to feed their clients who 
are nutritionally at risk and should be eligible for this important 
nutrition support program.
  I do want to point out two provisions of the bill I wish had been 
improved. While there are federal dietary guidelines for meals served 
that are reimbursed through the Federal meals program, Federal 
nutrition standards for foods that are not offered through the Federal 
meals program are lacking. As a result, children are faced with 
numerous food choices during the school day with little nutritional 
value. Our colleague, Representative Tim Ryan (D-OH) offered an 
amendment in Committee that would have resulted in enormous 
improvements in the school nutrition environment for children for foods 
sold on campus.
  We also should have eliminated the reduced price school meals 
category. Such action would make the school meal programs more 
accessible to low-income families; better prepare students to learn; 
and make the programs easier to administer.
  Mr. Speaker, once again I want to thank my colleagues and their 
staffs for their hard work and I ask my colleague to support this bill 
that will eliminate barriers to participation for low-income children 
and families and ensure greater access to these critical nutrition 
programs.
  Mr. EHLERS. Mr. Speaker, I rise today in support of H.R. 3873. I 
thank Chairman Boehner and Mr. Castle for their work on this 
legislation. I particularly thank them for their willingness to include 
direct certification of migrant children under the Richard B. Russell 
National School Lunch Act. I also commend Mr. Hinojosa and Mr. Grijalva 
for their persistent efforts to assist migrant children.
  Migrant families are among the poorest of the working poor, and are 
largely eligible for the child nutrition programs. Unfortunately, the 
mobility of migrant children often complicates their access to the 
child nutrition programs. Migrant families face significant barriers in 
accessing federal, state, and local resources due to issues associated 
with mobility, language and literacy. Currently, migrant children are 
forced to reapply each time they enroll in a new school district. In 
addition, literacy and language are a problem at the application phase 
of the child nutrition program.
  I am pleased that this legislation provides direct certification for 
migrant children. This legislation works to protect eligible children's 
access to the child nutrition programs by extending automatic 
eligibility to children who qualify for migrant educational services 
under Title 1, part C of the No Child Left Behind Act. It allows for 
direct certification of migrant children if they are identified by the 
district's migrant education coordinator. Such a change makes it easier 
for migrant children to receive school meals as soon as they enter a 
new school.
  In addition to migrant provisions, I support promoting nutritional 
education and physical activity. I am very pleased that this 
legislation promotes such education and physical activity at the state 
and local levels to prevent childhood obesity. I am hopeful that local 
school wellness policies will be established by schools participating 
in the school nutrition programs will promote health and prevent 
childhood obesity throughout schools in Michigan.
  Finally, I support strengthening partnerships between local 
agriculture and schools. I cosponsored Representative Upton and 
Representative Kind's Farm-To-Cafeteria Projects Act, and I am pleased 
to see these provisions included. This legislation will promote 
partnerships between local Michigan farms and the child nutrition 
programs to ensure that children receive fresh and local produce.
  In closing, I urge my colleagues to vote in favor of the Child 
Nutrition Improvement and Integrity Act.
  Mr. HINOJOSA. Mr. Speaker, I rise today in strong support of the 
Child Nutrition Improvement and Integrity Act. I would like to commend 
the committee and subcommittee chairs, Mr. Boehner and Mr. Castle and 
our ranking members, Mr. Miller and Ms. Woolsey, for bringing this 
bipartisan bill forward. It is a bill that strengthens the child 
nutrition programs for our most vulnerable families.
  Measures to allow for the direct certification of migrant students 
and the direct verification of eligibility will protect our most at 
risk students from being dropped from the program, not for lack of 
eligibility but for lack of understanding or fear. The provisions to 
ensure that school lunch information--throughout the entire process--is 
in a language and form that

[[Page 5081]]

the parents can understand will go a long way to building understanding 
and trust. These are significant improvements to the program.
  Additionally, the bill strengthens nutrition education. Childhood 
obesity and diabetes are reaching epidemic proportions in South Texas 
and across the nation. We must do more to help young people develop 
healthy lifestyles. This legislation is a step in the right direction.
  In conclusion, I would like to concur with my colleagues that we 
should make a commitment to replace the reduced lunch program with free 
lunches for all low-income children.
  America is the wealthiest nation in the world. We can afford to feed 
our children. This investment is the right thing to do.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I am pleased to be here today 
to talk about the Child Nutrition Improvement and Integrity Act, as 
passed by the Committee on Education and the Workforce. Periodically in 
Congress, we are able to see true bipartisan legislation that addressed 
the needs of our constituents. While it is disappointing that we were 
not able to amend the bill to more fully support the school breakfast 
program, I am pleased that its overall intent to help children and 
families is apparent and effective.
  The Child Nutrition Improvement and Integrity Act streamlines the 
application and verification process. It allows schools to certify 
children for participation for one full school year. It also eliminates 
individual applications and allows a household to use one application, 
rather than one for each child. Children in families who are recipients 
of Food Stamps and migrant children will be directly certified for 
eligibility in the school meals programs.
  This bill also addresses the growing issue of childhood obesity. 
Childhood obesity rates have tripled over the past twenty years 
resulting in children suffering from early onset of traditionally adult 
diseases such as hypertension, diabetes, and heart disease. Meal 
programs offered in schools, childcare settings, after-school and 
summer programs, and through WIC offer an ideal way to address these 
child health issues head-on.
  This bill includes ``Nutrition Quality Promotion.'' It requires Local 
Education Authorities to establish a school nutrition policy by July 
31, 2006 that provides nutrition guidelines for all foods sold on 
campus. It must include goals for nutrition education, physical 
activity and other school based efforts to promote student wellness.
  This bill provides grants to states and schools to develop and 
implement a coordinated nutrition education and physical fitness 
program, as well as to improve nutritional quality and school 
nutritional environment.
  As Chair of the Congressional Children's Caucus, I know how important 
it is to invest in our children. I have met with Houston 
representatives from the American School Food Service Association, all 
of who stress the importance and value of well fed, healthy children 
and the positive effects it has in the classroom. Unfortunately, there 
are children in America who go hungry during the school day as well as 
children with illnesses caused by poor nutrition. Healthy children are 
an investment in the future of our country's economic well being. I am 
pleased to support this legislation, and encourage all my colleagues to 
do so.
  Mr. BOEHNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Miller of Florida). The question is on 
the motion offered by the gentleman from Ohio (Mr. Boehner) that the 
House suspend the rules and pass the bill, H.R. 3873, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. BOEHNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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