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United States · Bill · HR

H.R. 3873 (108th)

Child Nutrition Improvement and Integrity Act

referredUnited States· United States Congress· EN

Introduced

2 March 2004

Last action

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Status

Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

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Subjects

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Source updated

23 March 2026

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Summary

Child Nutrition Improvement and Integrity Act - Amends the Richard B. Russell National School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA) to reauthorize various programs, including the national school lunch and breakfast, child and adult care food, after-school snack, summer food service, and special supplemental nutrition program for women, infants, and children (WIC). Revises requirements relating to eligibility for and access to such programs. Reauthorizes, without any termination date, the exclusion of military housing allowances from consideration as income in determining eligibility for free or reduced price lunches. Includes as automatically eligible for free lunches and breakfasts: (1) children or youth defined as homeless under the McKinney-Vento Homeless Assistance Act; and (2) youth served under the Runaway and Homeless Youth Act. Makes eligible also for such special payments any new schools which draw attendance from schools receiving severe need assistance. Extends through FY 2009 the summer food pilot projects and the summer food service program for children. Allows nonprofit organizations to participate in such programs. Revises the child and adult care food program. Extends indefinitely the period during which private day care providers with at least 25 percent of served children eligible for free and reduced price lunch are eligible to participate. Extends, from three years to five years, the period of a tier classification of a family or group day care home. Directs the Secretary of Agriculture (the Secretary) to issue regulations requiring States to develop and use a standard form of agreement between each family or group home day care sponsoring organization and their homes participating in the program. Extends through FY 2006 the period during which the Secretary is required to reserve funds for providing training and technical assistance to States to improve program management and oversight. Authorizes the Secretary or a State agency to disregard any overpayment to an institution if the total overpayment does not exceed a collection cost amount consistent with other disregards, except where there is evidence of a violation of criminal law or civil fraud law. Allows children up to age 18 (currently 12) to be served program meals while residing at homeless or domestic violence shelters. Directs the Secretary, in conjunction with States and participating institutions, to examine the feasibility of reducing paperwork under the program. Revises eligibility and certification requirements for free and reduced price lunches. Directs the Secretary to base income eligibility guidelines on nonfarm income poverty guidelines issued by the Secretary of Health and Human Services (HHS). Requires applications and related descriptive materials for free and reduced price lunches to be distributed at least annually to parents and guardians in clear and understandable format and language. Requires descriptive material to contain: (1) only the income levels for reduced price lunches, and an explanation that lower income levels may mean eligibility for free lunches; and (2) notice that WIC participants in the program are eligible for free or reduced price lunches. Allows applications to be submitted by an adult of the household: (1) as a single application for all children in the household; and (2) electronically if the filing system meets confidentiality standards. Directs local education agencies (LEAs) to verify information in a sample of approved applications, with variations in such samples according to specified formulae based non-response rates. Provides for direct certification of children as eligible for free meals, without further application, based on their being in households receiving assistance under the food stamp program or the Temporary Assistance for Needy Families (TANF) program under title IV part A of the Social Security Act. Sets forth privacy protections. Prohibits requiring LEAs to submit free and reduced price meal policy statements to State agencies after the initial submission unless there is a substantive change in such policy. Requires, with certain exceptions, a child's eligibility for free and reduced price lunches to remain in effect from the date of approval for the current school year until the beginning of school in a subsequent school year, or as otherwise specified by the Secretary. Transfers responsibility for local administration of school lunch and breakfast programs from local school food authorities (LSFAs) to LEAs (including appropriate entities determined by the Secretary in cases of private nonprofit school food authorities). Makes LEAs, as well as LSFAs, responsible for program compliance and accountability. Directs the Secretary to give priority consideration to States that will use reallocated funds for technology and information management improvements. Requires States to describe how they will use technology and information management systems to improve program integrity in certain ways. Raises the amount of the minimum State administrative expense grant, and guarantees that such a grant shall not be less than the one received in a previous fiscal year. Permits eligibility for special assistance to be determined district-wide, as an alternative to determining it on an individual school basis. Directs the Secretary to develop and distribute training and technical assistance materials relating to administration of school meals programs. Authorizes the Secretary to: (1) provide training and technical assistance related to administrative practices to improve program integrity and administrative accuracy to State educational agencies (SEAs), LSFAs, and LEAs; and (2) assist SEAs in reviewing administrative practices of LSFAs. Establishes additional administrative and performance review requirements for selected LSFAs and LEAs that have demonstrated high levels of or high risks for administrative errors. Directs SEAs, where such a selected LSFA or LEA fails to meet performance criteria established by the Secretary, to: (1) require such entity to develop and carry out a plan of corrective action; (2) provide technical assistance; and (3) conduct a follow-up review. Authorizes the Secretary require the SEA to recover funds that were expended in error and use them to improve program integrity and administrative accuracy. Requires States to provide annual training and technical in administrative practices, emphasizing requirements established under this Act. Requires the Secretary to assist the State or provide such training and technical assistance or directly. Authorizes the Secretary or the State to contract with a third party conducting such activities. Requires each LSFA or LEA to insure that an individual conducting or overseeing such administrative procedures receives such training at least annually. Authorizes the Secretary to assist States in carrying out State training and administrative reviews of selected LSFAs and LEAs with excessive error rates. Requires LEAs participating in school meals programs to establish local school wellness policies with: (1) goals for nutrition education, physical activity, and other school-based activities; (2) nutrition guidelines for all foods sold on school campus during the school day in order to promote health and reduce obesity; (3) a plan to ensure policy implementation, including designating persons with operational responsibility; and (4) involvement of parents, students, and representatives of the LSFA, school board, school administrators, and the public. Revises the system of nutrition education grants to SEAs to provide assistance to State agencies, schools, and nonprofit entities for the Team Nutrition Network (TNN) program and other nutrition education projects that improve student understanding of healthful eating patterns, the quality of school meals, and access to local foods in schools and institutions operating programs under NSLA and CNA. Establishes TNN to: (1) promote the Nation's schoolchildren's health through nutrition education, physical fitness, and other activities supporting healthy lifestyles; (2) provide grants to States to develop Statewide, comprehensive, and integrated nutrition education and physical fitness programs; and (3) provide training and technical assistance to States, school and community nutrition programs, and child nutrition food service professionals. Requires State TNN Coordinators to: (1) administer and coordinate a comprehensive integrated statewide nutrition education program; and (2) coordinate efforts with the Food and Nutrition Service and State agencies responsible for children's health programs. Directs the Secretary to provide assistance for the following types of three-year pilot projects: (1) to States on a competitive basis for State TNN Coordinators to create model nutrition education and physical fitness programs for school students; and (2) to not more than 100 LEAs, at least one per State, to promote healthy eating habits and increase physical fitness among school students. Authorizes the Secretary to provide: (1) technical assistance to SEAs to improve school meal quality; and (2) technical assistance and competitive matching grants to schools and nonprofit entities to improve access to local foods in schools and institutions. Includes fruits and vegetables among the foods to be emphasized in commodity distribution. Revises fruit and vegetable pilot program requirements to direct the Secretary to make available fresh and dried fruits and fresh vegetables to 25 schools in each of four additional States and one Indian reservation, with an emphasis on low-income schools. Requires schools to serve milk in a variety of fat contents. Permits substitute nutritionally-equivalent nondairy beverages to be reimbursable, if a note is provided from a medical authority or the child's parent or guardian. Extends the period during which weighted averages are not required to be used in nutrient analysis of foods under the school lunch program, if school food authority has an equivalent nutrient analysis system. Directs the Secretary to: (1) promulgate rules, based on Federal nutrition guidelines, to increase the presence of whole grains in foods offered in school nutrition programs; and (2) enter into an agreement with a science-based organization to study, determine, and report on appropriate nutritional standards for foods available to students in school, considering total daily dietary intake of students participating in the school foods program. Revises WIC program (under CNA) definitions of: (1) nutrition education to include child development and physical activity; and (2) supplemental foods to provide for consideration of the most recent Dietary Guidelines for Americans. Revises certification requirements for WIC program participation to allow: (1) a State to certify breastfeeding women for up to one year or until they stop breastfeeding, whichever is earlier; (2) a local agency to waive the physical presence requirement for infants under eight weeks of age; and (3) applicants or participants to reschedule appointments to apply or be recertified. Directs the Secretary to: (1) promulgate a rule updating the prescribed supplemental foods available through the WIC program, within six months of receiving the review of the WIC food package undertaken by the National Academy of Sciences, Institute of Medicine in September 2003; and (2) beginning in 2013, and at least every ten years thereafter, conduct scientific reviews of supplemental foods available in the WIC program and recommend changes to reflect nutrition science, current public health concerns, and cultural eating patterns. Requires State agencies to notify vendors in writing of violations, unless the notification would compromise an investigation. Authorizes State agencies to round up to the next whole can of infant formula to ensure all infants receive the full-authorized nutritional benefit. Revises WIC program competitive bidding provisions to require infant formula: (1) rebate invoices to provide reasonable estimates or actual counts of numbers of units sold to program participants; and (2) bid solicitations amounts to be adjusted on a cent-by-cent basis according to changes in the lowest national wholesale truckload price. Authorizes demonstration projects, in up to ten local sites, to evaluate inclusion of fresh, frozen, or canned fruits and vegetables, to be made available through private funds, as an addition to supplemental food provided under the WIC program. Revises WIC program provisions for management information systems to require: (1) States to comply with certain standards for electronic benefit systems; and (2) the Secretary to implement a national Universal Product Code Database for use by all State agencies. Requires participating vendors in the WIC program to purchase infant formula from a State-maintained list of approved manufacturers, wholesalers, distributors, and retailers. Prohibits State alliances from exceeding 200,000 infant participants (except alliances with such numbers as of October 2003). Allows any State agency serving under 5,000 participants, or any Indian Tribal Organization, to request to join any State alliance. Increases from one to three percent the maximum portion of nutrition services and administration funds a State may expend during the subsequent fiscal year for allowable expenses incurred during a fiscal year. Extends through FY 2009 the authorization of appropriations for: (1) the WIC program; (2) WIC nutrition services and administrative funds; and (3) WIC farmers' market nutrition program. Revises requirements relating to training and technical assistance under NSLA, CNA, and other federally-assisted feeding programs. Directs the Secretary to develop policy and establish procedures regarding the purchase, distribution, notice of consumption, and provision of information regarding irradiated foods in Federal school meals programs. Extends through FY 2009 the authorization of appropriations for: (1) State administrative expenses (CNA); (2) the commodity distribution program (NSLA and the Commodity Distribution Reform Act and WIC Amendments of 1987); (3) purchases of locally produced foods (NSLA); (4) training, technical assistance, and food service management institute (NSLA); and (5) compliance and accountability (NSLA).

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