118 STAT. 738 PUBLIC LAW 108–265—JUNE 30, 2004 (3) Section 11(e) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(e)) is amended in the first sentence by striking ‘‘section 9(b)(3)’’ and inserting ‘‘section 9(b)(9)’’. SEC. 105. HOUSEHOLD APPLICATIONS. (a) IN GENERAL.—Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) (as amended by section 104(a)(2)(B)) is amended by striking paragraph (3) and inserting the following: ‘‘(3) HOUSEHOLD APPLICATIONS.— ‘‘(A) DEFINITION OF HOUSEHOLD APPLICATION.—In this paragraph, the term ‘household application’ means an application for a child of a household to receive free or reduced price school lunches under this Act, or free or reduced price school breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), for which an eligibility determination is made other than under paragraph (4) or (5). ‘‘(B) ELIGIBILITY DETERMINATION.— ‘‘(i) IN GENERAL.—An eligibility determination shall be made on the basis of a complete household application executed by an adult member of the house hold or in accordance with guidance issued by the Secretary. ‘‘(ii) ELECTRONIC SIGNATURES AND APPLICATIONS.— A household application may be executed using an electronic signature if— ‘‘(I) the application is submitted electronically; and ‘‘(II) the electronic application filing system meets confidentiality standards established by the Secretary. ‘‘(C) CHILDREN IN HOUSEHOLD.— ‘‘(i) IN GENERAL.—The household application shall identify the names of each child in the household for whom meal benefits are requested. ‘‘(ii) SEPARATE APPLICATIONS.—A State educational agency or local educational agency may not request a separate application for each child in the household that attends schools under the same local educational agency. ‘‘(D) VERIFICATION OF SAMPLE.— ‘‘(i) DEFINITIONS.—In this subparagraph: ‘‘(I) ERROR PRONE APPLICATION.—The term ‘error prone application’ means an approved house hold application that— ‘‘(aa) indicates monthly income that is within $100, or an annual income that is within $1,200, of the income eligibility limita tion for free or reduced price meals; or ‘‘(bb) in lieu of the criteria established under item (aa), meets criteria established by the Secretary. ‘‘(II) NON RESPONSE RATE.—The term ‘non response rate’ means (in accordance with guide lines established by the Secretary) the percentage of approved household applications for which
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