Pub. L. 111-296, tit. IV, subtit. B, sec. 441
TECHNICAL AMENDMENTS.
SEC. 441. TECHNICAL AMENDMENTS.(a) Richard B. Russell National School Lunch Act.—(1) Nutritional requirements.—Section 9(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)) is amended—(A) by striking “(f)” and all that follows through the end of paragraph (1) and inserting the following:“(f) Nutritional Requirements.—“(1) In general.—Schools that are participating in the school lunch program or school breakfast program shall serve lunches and breakfasts that—“(A) are consistent with the goals of the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); and“(B) consider the nutrient needs of children who may be at risk for inadequate food intake and food insecurity.”;(B) by striking paragraph (2); and(C) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.(2) Rounding rules for computation of adjustment.—Section 11(a)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended by striking “Rounding.—” and all that follows through “On July” in subclause (II) and inserting “Rounding.—On July”.(3) Information and assistance concerning reimbursement options.—Section 11 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a) is amended by striking subsection (f).(4) 1995 regulations to implement dietary guidelines.—Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by striking subsection (k).(5) Summer food service program for children.—(A) In general.—Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended by striking the section heading and all that follows through the end of subsection (a)(1) and inserting the following:“SEC. 13. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.“(a) In General.—“(1) Definitions.—In this section:“(A) Area in which poor economic conditions exist.—“(i) In general.—Subject to clause (ii), the term ‘area in which poor economic conditions exist’, as the term relates to an area in which a program food service site is located, means—“(I) the attendance area of a school in which at least 50 percent of the enrolled children have been determined eligible for free or reduced price 124 STAT. 3262 school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);“(II) a geographic area, as defined by the Secretary based on the most recent census data available, in which at least 50 percent of the children residing in that area are eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);“(III) an area—“(aa) for which the program food service site documents the eligibility of enrolled children through the collection of income eligibility statements from the families of enrolled children or other means; and“(bb) at least 50 percent of the children enrolled at the program food service site meet the income standards for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);“(IV) a geographic area, as defined by the Secretary based on information provided from a department of welfare or zoning commission, in which at least 50 percent of the children residing in that area are eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or“(V) an area for which the program food service site demonstrates through other means approved by the Secretary that at least 50 percent of the children enrolled at the program food service site are eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).“(ii) Duration of determination.—A determination that an area is an ‘area in which poor economic conditions exist’ under clause (i) shall be in effect for—“(I) in the case of an area described in clause (i)(I), 5 years;“(II) in the case of an area described in clause (i)(II), until more recent census data are available;“(III) in the case of an area described in clause (i)(III), 1 year; and“(IV) in the case of an area described in subclause (IV) or (V) of clause (i), a period of time to be determined by the Secretary, but not less than 1 year.“(B) Children.—The term ‘children’ means—“(i) individuals who are 18 years of age and under; and“(ii) individuals who are older than 18 years of age who are—“(I) determined by a State educational agency or a local public educational agency of a State, in accordance with regulations promulgated by the Secretary, to have a disability, and124 STAT. 3263“(II) participating in a public or nonprofit private school program established for individuals who have a disability.“(C) Program.—The term ‘program’ means the summer food service program for children authorized by this section.“(D) Service institution.—The term ‘service institution’ means a public or private nonprofit school food authority, local, municipal, or county government, public or private nonprofit higher education institution participating in the National Youth Sports Program, or residential public or private nonprofit summer camp, that develops special summer or school vacation programs providing food service similar to food service made available to children during the school year under the school lunch program under this Act or the school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).“(E) State.—The term ‘State’ means—“(i) each of the several States of the United States;“(ii) the District of Columbia;“(iii) the Commonwealth of Puerto Rico;“(iv) Guam;“(v) American Samoa;“(vi) the Commonwealth of the Northern Mariana Islands; and“(vii) the United States Virgin Islands.” .(B) Conforming amendments.—Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended—(i) in paragraph (2)—(I) by striking “(2) To the maximum extent feasible,” and inserting the following:“(2) Program authorization.—“(A) In general.—The Secretary may carry out a program to assist States, through grants-in-aid and other means, to initiate and maintain nonprofit summer food service programs for children in service institutions.“(B) Preparation of food.—“(i) In general.—To the maximum extent feasible,”; and(II) by striking “The Secretary shall” and inserting the following:“(ii) Information and technical assistance.—The Secretary shall”;(ii) in paragraph (3)—(I) by striking “(3) Eligible service institutions” and inserting the following:“(3) Eligible service institutions.—Eligible service institutions”; and(II) by indenting subparagraphs (A) through (D) appropriately;(iii) in paragraph (4)—(I) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately;(II) by striking “(4) The following” and inserting the following:“(4) Priority.—124 STAT. 3264“(A) In general.—The following”; and(III) by striking “The Secretary and the States” and inserting the following:“(B) Rural areas.—The Secretary and the States”;(iv) by striking “(5) Camps” and inserting the following:“(5) Camps.—Camps”; and(v) by striking “(6) Service institutions” and inserting the following:“(6) Government institutions.—Service institutions”.(6) Report on impact of procedures to secure state school input on commodity selection.—Section 14(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1762a(d)) is amended by striking the matter that follows paragraph (5).(7) Rural area day care home pilot program.—Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended by striking subsection (p).(8) Child and adult care food program training and technical assistance.—Section 17(q) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(q)) is amended by striking paragraph (3).(9) Pilot project for private nonprofit state agencies.—Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (a).(10) Meal counting and application pilot programs.—Section 18(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(c)) is amended—(A) by striking paragraphs (1) and (2);(B) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively; and(C) in paragraph (1) (as so redesignated), by striking “In addition to the pilot projects described in this subsection, the Secretary may conduct other” and inserting “The Secretary may conduct”.(11) Milk fortification pilot.—Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (d).(12) Free breakfast pilot project.—Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (e).(13) Summer food service residential camp eligibility.—Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (f).(14) Accommodation of the special dietary needs of individuals with disabilities.—Section 27 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769h) is repealed.(b) Child Nutrition Act of 1966.—(1) State administrative expenses minimum levels for 2005 through 2007.—Section 7(a)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(1)) is amended—(A) in subparagraph (A), by striking “Except as provided in subparagraph (B), each fiscal year” and inserting “Each fiscal year”;124 STAT. 3265(B) by striking subparagraph (B); and(C) by redesignating subparagraph (C) as subparagraph (B).(2) Fruit and vegetable grants under the special supplemental nutrition program for women, infants, and children.—Section 17(f)(11) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)) is amended—(A) by striking subparagraph (C); and(B) by redesignating subparagraph (D) as subparagraph (C).