[Pages H1395-H1413]
From the Congressional Record Online through the 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:

[[Page H1396]]

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)) 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''.

[[Page H1397]]

(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:
``(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.

[[Page H1398]]

``(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 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

[[Page H1399]]

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
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'';

[[Page H1400]]

(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.
``(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.--

[[Page H1401]]

``(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.
``(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;

[[Page H1402]]

``(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 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

[[Page H1403]]

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 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.''.

[[Page H1404]]

SEC. 404. REVIEWS OF AVAILABLE SUPPLEMENTAL FOODS.

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

[[Page H1405]]

``(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 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.

[[Page H1406]]

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 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

[[Page H1407]]

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 asked and was given permission to revise and extend his
remarks.)
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.
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

[[Page H1408]]

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 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

[[Page H1409]]

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 asked and was given permission to revise and extend his
remarks.)
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.
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.

[[Page H1410]]

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.
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

[[Page H1411]]

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.
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

[[Page H1412]]

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 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

[[Page H1413]]

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.

____________________