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[[Page 118 STAT. 729]]

Public Law 108-265
108th Congress

                                 An Act


 
To amend the Richard B. Russell National School Lunch Act and the Child 
Nutrition Act of 1966 to provide children with increased access to food 
  and nutrition assistance, to simplify program operations and improve 
  program management, to reauthorize child nutrition programs, and for 
          other purposes. <<NOTE: June 30, 2004 -  [S. 2507]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Child Nutrition 
and WIC Reauthorization Act of 2004. Inter-governmental relations. 42 
USC 1751 note.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Child Nutrition and 
WIC Reauthorization Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; Table of contents.

   TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

Sec. 101.  Nutrition promotion.
Sec. 102.  Nutrition requirements.
Sec. 103.  Provision of information.
Sec. 104.  Direct certification.
Sec. 105.  Household applications.
Sec. 106.  Duration of eligibility for free or reduced price meals.
Sec. 107.  Runaway, homeless, and migrant youth.
Sec. 108.  Certification by local educational agencies.
Sec. 109.  Exclusion of military housing allowances.
Sec. 110.  Waiver of requirement for weighted averages for nutrient 
           analysis.
Sec. 111.  Food safety. 
Sec. 112.  Purchases of locally produced foods.
Sec. 113.  Special assistance.
Sec. 114.  Food and nutrition projects integrated with elementary school 
           curricula.
Sec. 115.  Procurement training.
Sec. 116.  Summer food service program for children.
Sec. 117.  Commodity distribution program.
Sec. 118.  Notice of irradiated food products.
Sec. 119.  Child and adult care food program.
Sec. 120.  Fresh fruit and vegetable program.
Sec. 121.  Summer food service residential camp eligibility.
Sec. 122.  Access to local foods and school gardens.
Sec. 123.  Year-round services for eligible entities.
Sec. 124.  Free lunch and breakfast eligibility.
Sec. 125.  Training, technical assistance, and food service management 
           institute.
Sec. 126.  Administrative error reduction.
Sec. 127.  Compliance and accountability.
Sec. 128.  Information clearinghouse.
Sec. 129.  Program evaluation.

           TITLE II--AMENDMENTS TO CHILD NUTRITION ACT OF 1966

Sec. 201.  Severe need assistance.
Sec. 202.  State administrative expenses.
Sec. 203.  Special supplemental nutrition program for women, infants, 
           and children.

[[Page 118 STAT. 730]]

Sec. 204.  Local wellness policy.
Sec. 205.  Team nutrition network.
Sec. 206.  Review of best practices in the breakfast program.

               TITLE III--COMMODITY DISTRIBUTION PROGRAMS

Sec. 301.  Commodity distribution programs.

                         TITLE IV--MISCELLANEOUS

Sec. 401.  Sense of Congress regarding efforts to prevent and reduce 
           childhood obesity.

                         TITLE V--IMPLEMENTATION

Sec. 501.  Guidance and regulations.
Sec. 502.  Effective dates.

   TITLE I--AMENDMENTS TO RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

SEC. 101. NUTRITION PROMOTION.

    The Richard B. Russell National School Lunch Act is amended by 
inserting after section 4 (42 U.S.C. 1753) the following:

``SEC. 5. NUTRITION PROMOTION. <<NOTE: 42 USC 1754.>> 

    ``(a) In General.--Subject to the availability of funds made 
available under subsection (g), the Secretary shall make payments to 
State agencies for each fiscal year, in accordance with this section, to 
promote nutrition in food service programs under this Act and the school 
breakfast program established under the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.).
    ``(b) Total Amount for Each Fiscal Year.--The total amount of funds 
available for a fiscal year for payments under this section shall equal 
not more than the product obtained by multiplying--
            ``(1) \1/2\ cent; by
            ``(2) the number of lunches reimbursed through food service 
        programs under this Act during the second preceding fiscal year 
        in schools, institutions, and service institutions that 
        participate in the food service programs.

    ``(c) Payments to States.--
            ``(1) Allocation.--Subject to paragraph (2), from the amount 
        of funds available under subsection (g) for a fiscal year, the 
        Secretary shall allocate to each State agency an amount equal to 
        the greater of--
                    ``(A) a uniform base amount established by the 
                Secretary; or
                    ``(B) an amount determined by the Secretary, based 
                on the ratio that--
                          ``(i) the number of lunches reimbursed through 
                      food service programs under this Act in schools, 
                      institutions, and service institutions in the 
                      State that participate in the food service 
                      programs; bears to
                          ``(ii) the number of lunches reimbursed 
                      through the food service programs in schools, 
                      institutions, and service institutions in all 
                      States that participate in the food service 
                      programs.
            ``(2) Reductions.--The Secretary shall reduce allocations to 
        State agencies qualifying for an allocation under paragraph 
        (1)(B), in a manner determined by the Secretary, to the extent

[[Page 118 STAT. 731]]

        necessary to ensure that the total amount of funds allocated 
        under paragraph (1) is not greater than the amount appropriated 
        under subsection (g).

    ``(d) Use of Payments.--
            ``(1) Use by state agencies.--A State agency may reserve, to 
        support dissemination and use of nutrition messages and material 
        developed by the Secretary, up to--
                    ``(A) 5 percent of the payment received by the State 
                for a fiscal year under subsection (c); or
                    ``(B) in the case of a small State (as determined by 
                the Secretary), a higher percentage (as determined by 
                the Secretary) of the payment.
            ``(2) Disbursement to schools and institutions.--Subject to 
        paragraph (3), the State agency shall disburse any remaining 
        amount of the payment to school food authorities and 
        institutions participating in food service programs described in 
        subsection (a) to disseminate and use nutrition messages and 
        material developed by the Secretary.
            ``(3) Summer food service program for children.--In addition 
        to any amounts reserved under paragraph (1), in the case of the 
        summer food service program for children established under 
        section 13, the State agency may--
                    ``(A) retain a portion of the funds made available 
                under subsection (c) (as determined by the Secretary); 
                and
                    ``(B) use the funds, in connection with the program, 
                to disseminate and use nutrition messages and material 
                developed by the Secretary.

    ``(e) Documentation.--A State agency, school food authority, and 
institution receiving funds under this section shall maintain 
documentation of nutrition promotion activities conducted under this 
section.
    ``(f) Reallocation.--The Secretary may reallocate, to carry out this 
section, any amounts made available to carry out this section that are 
not obligated or expended, as determined by the Secretary.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section, to 
remain available until expended.''.

SEC. 102. NUTRITION REQUIREMENTS.

    Section 9(a) of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1758(a)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Fluid milk.--
                    ``(A) In general.--Lunches served by schools 
                participating in the school lunch program under this 
                Act--
                          ``(i) shall offer students fluid milk in a 
                      variety of fat contents;
                          ``(ii) may offer students flavored and 
                      unflavored fluid milk and lactose-free fluid milk; 
                      and
                          ``(iii) shall provide a substitute for fluid 
                      milk for students whose disability restricts their 
                      diet, on receipt of a written statement from a 
                      licensed physician that identifies the disability 
                      that restricts the student's diet and that 
                      specifies the substitute for fluid milk.
                    ``(B) Substitutes.--

[[Page 118 STAT. 732]]

                          ``(i) Standards for substitution.--A school 
                      may substitute for the fluid milk provided under 
                      subparagraph (A), a nondairy beverage that is 
                      nutritionally equivalent to fluid milk and meets 
                      nutritional standards established by the Secretary 
                      (which shall, among other requirements to be 
                      determined by the Secretary, include fortification 
                      of calcium, protein, vitamin A, and vitamin D to 
                      levels found in cow's milk) for students who 
                      cannot consume fluid milk because of a medical or 
                      other special dietary need other than a disability 
                      described in subparagraph (A)(iii).
                          ``(ii) Notice.--The substitutions may be made 
                      if the school notifies the State agency that the 
                      school is implementing a variation allowed under 
                      this subparagraph, and if the substitution is 
                      requested by written statement of a medical 
                      authority or by a student's parent or legal 
                      guardian that identifies the medical or other 
                      special dietary need that restricts the student's 
                      diet, except that the school shall not be required 
                      to provide beverages other than beverages the 
                      school has identified as acceptable substitutes.
                          ``(iii) Excess expenses borne by school food 
                      authority.--Expenses incurred in providing 
                      substitutions under this subparagraph that are in 
                      excess of expenses covered by reimbursements under 
                      this Act shall be paid by the school food 
                      authority.
                    ``(C) Restrictions on sale of milk prohibited.--A 
                school that participates in the school lunch program 
                under this Act shall not directly or indirectly restrict 
                the sale or marketing of fluid milk products by the 
                school (or by a person approved by the school) at any 
                time or any place--
                          ``(i) on the school premises; or
                          ``(ii) at any school-sponsored event.''.

SEC. 103. PROVISION OF INFORMATION.

    Section 9(a) of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1758(a)) is amended by adding at the end the following:
            ``(4) Provision of information.--
                    ``(A) Guidance.--Prior to the beginning of the 
                school year beginning July 2004, the Secretary shall 
                issue guidance to States and school food authorities to 
                increase the consumption of foods and food ingredients 
                that are recommended for increased serving consumption 
                in the most recent Dietary Guidelines for Americans 
                published under section 301 of the National Nutrition 
                Monitoring and Related Research Act of 1990 (7 U.S.C. 
                5341).
                    ``(B) <<NOTE: Deadline.>> Rules.--Not later than 2 
                years after the date of enactment of this paragraph, the 
                Secretary shall promulgate rules, based on the most 
                recent Dietary Guidelines for Americans, that reflect 
                specific recommendations, expressed in serving 
                recommendations, for increased consumption of foods and 
                food ingredients offered in school nutrition programs 
                under this Act and the Child Nutrition Act of 1966 (42 
                U.S.C. 1771 et seq.).''.

[[Page 118 STAT. 733]]

SEC. 104. DIRECT CERTIFICATION.

    (a) In General.--Section 9(b) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(b)) is amended--
            (1) by redesignating paragraphs (3) through (7) as 
        paragraphs (9) through (13), respectively; and
            (2) in paragraph (2)--
                    (A) in subparagraph (B)--
                          (i) by striking ``(B) Applications'' and 
                      inserting the following:
                    ``(B) Applications and descriptive material.--
                          ``(i) In general.--Applications'';
                          (ii) in the second sentence, by striking 
                      ``Such forms and descriptive material'' and 
                      inserting the following:
                          ``(ii) Income eligibility guidelines.--Forms 
                      and descriptive material distributed in accordance 
                      with clause (i)''; and
                          (iii) by adding at the end the following:
                          ``(iii) Contents of descriptive material.--
                                    ``(I) In general.--Descriptive 
                                material distributed in accordance with 
                                clause (i) shall contain a notification 
                                that--
                                            ``(aa) participants in the 
                                        programs listed in subclause 
                                        (II) may be eligible for free or 
                                        reduced price meals; and
                                            ``(bb) documentation may be 

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