CHILD AND ADULT CARE FOOD PROGRAM.

SEC. 119. CHILD AND ADULT CARE FOOD PROGRAM. (a) Definition of Institution.—(1) In general.—Section 17(a)(2)(B)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2)(B)(i)) is amended by striking “during” and all that follows through “2004,”. (2) Conforming amendment.—Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended by striking subsection (p).(b) Duration of Determination as Tier I Family or Group Day Care Home.—Section 17(f)(3)(E)(iii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(E)(iii)) is amended by striking “3 years” and inserting “5 years”. (c) Audits.—Section 17(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(i)) is amended by striking “(i) The” and inserting the following: “(i) Audits.—“(1) Disregards.—“(A) In general.—Subject to subparagraph (B), in conducting management evaluations, reviews, or audits under this section, the Secretary or a State agency may disregard any overpayment to an institution for a fiscal year if the total overpayment to the institution for the fiscal year does not exceed an amount that is consistent with the disregards allowed in other programs under this Act and recognizes the cost of collecting small claims, as determined by the Secretary.“(B) Criminal or fraud violations.—In carrying out this paragraph, the Secretary and a State agency shall not disregard any overpayment for which there is evidence of a violation of a criminal law or civil fraud law. “(2) Funding.—The”. (d) Duration of Agreements.—Section 17(j) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(j)) is amended—(1) by striking “(j) The” and inserting the following: “(j) Agreements.—“(1) In general.—The”; and (2) by adding at the end the following: “(2) Duration.—An agreement under paragraph (1) shall remain in effect until terminated by either party to the agreement.”. (e) Rural Area Eligibility Determination for Day Care Homes.—Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) (as amended by subsection (a)(2)) is amended by inserting after subsection (o) the following:“(p) Rural Area Eligibility Determination for Day Care Homes.—118 STAT. 754“(1) Definition of selected tier i family or group day care home.—In this subsection, the term ‘selected tier I family or group day care home’ means a family or group day home that meets the definition of tier I family or group day care home under subclause (I) of subsection (f)(3)(A)(ii) except that items (aa) and (bb) of that subclause shall be applied by substituting ‘40 percent’ for ‘50 percent’. “(2) Eligibility.—For each of fiscal years 2006 and 2007, in rural areas of the State of Nebraska (as determined by the Secretary), the Secretary shall provide reimbursement to selected tier I family or group day care homes (as defined in paragraph (1)) under subsection (f)(3) in the same manner as tier I family or group day care homes (as defined in subsection (f)(3)(A)(ii)(I)).“(3) Evaluation.—“(A) In general.—The Secretary, acting through the Administrator of the Food and Nutrition Service, shall evaluate the impact of the eligibility criteria described in paragraph (2) as compared to the eligibility criteria described in subsection (f)(3)(A)(ii)(I).“(B) Impact.—The evaluation shall assess the impact of the change in eligibility requirements on—“(i) the number of family or group day care homes offering meals under this section;“(ii) the number of family or group day care homes offering meals under this section that are defined as tier I family or group day care homes as a result of paragraph (1) that otherwise would be defined as tier II family or group day care homes under subsection (f)(3)(A)(iii);“(iii) the geographic location of the family or group day care homes;“(iv) services provided to eligible children; and“(v) other factors determined by the Secretary.“(C) Report.—Not later than March 31, 2008, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the evaluation under this subsection.“(D) Funding.—“(i) In general.—On October 1, 2005, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this paragraph $400,000, to remain available until expended. “(ii) Receipt and acceptance.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under clause (i), without further appropriation.”.(f) Management Support.—Section 17(q)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(q)(3)) is amended by striking “1999 through 2003” and inserting “2005 and 2006”. (g) Age Limits.—Section 17(t)(5)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(t)(5)(A)(i) is amended—(1) in subclause (I)—118 STAT. 755(A) by striking “12” and inserting “18”; and(B) by inserting “or” after the semicolon; (2) by striking subclause (II); and (3) by redesignating subclause (III) as subclause (II).(h) Technical Amendments.—Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended—(1) in subsection (a)(6)(B), by inserting “and adult” after “child”; and (2) in subsection (t)(3), by striking “subsection (a)(1)” and inserting “subsection (a)(5)”. (i) Paperwork Reduction.—The Secretary of Agriculture, in conjunction with States and participating institutions, shall examine the feasibility of reducing paperwork resulting from regulations and recordkeeping requirements for State agencies, family child care homes, child care centers, and sponsoring organizations participating in the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).(j) Early Child Nutrition Education.—(1) In general.—Subject to the availability of funds made available under paragraph (6), for a period of 4 successive years, the Secretary of Agriculture shall award to 1 or more entities with expertise in designing and implementing health education programs for limited-English-proficient individuals 1 or more grants to enhance obesity prevention activities for child care centers and sponsoring organizations providing services to limited-English-proficient individuals through the child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) in each of 4 States selected by the Secretary in accordance with paragraph (2).(2) States.—The Secretary shall provide grants under this subsection in States that have experienced a growth in the limited-English-proficient population of the States of at least 100 percent between the years 1990 and 2000, as measured by the census.(3) Required activities.—Activities carried out under paragraph (1) shall include—(A) developing an interactive and comprehensive tool kit for use by lay health educators and training activities;(B) conducting training and providing ongoing technical assistance for lay health educators; and(C) establishing collaborations with child care centers and sponsoring organizations participating in the child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) to—(i) identify limited-English-proficient children and families; and (ii) enhance the capacity of the child care centers and sponsoring organizations to use appropriate obesity prevention strategies.(4) Evaluation.—Each grant recipient shall identify an institution of higher education to conduct an independent evaluation of the effectiveness of the grant.118 STAT. 756(5) Report.—The Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Health, Education, Labor, and Pensions, of the Senate a report that includes—(A) the evaluation completed by the institution of higher education under paragraph (4);(B) the effectiveness of lay health educators in reducing childhood obesity; and(C) any recommendations of the Secretary concerning the grants.(6) Authorization of appropriations.—There are authorized to be appropriated to carry out this subsection $250,000 for each of fiscal years 2005 through 2009.