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[[Page 118 STAT. 729]]
Public Law 108-265
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
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
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
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
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,
[[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.
Sec. 401. Sense of Congress regarding efforts to prevent and reduce
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
``(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
``(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);
``(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
``(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
``(2) Fluid milk.--
``(A) In general.--Lunches served by schools
participating in the school lunch program under this
``(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;
``(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.
[[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
``(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.
``(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
``(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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108th Congressional Public Laws Records and Documents
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