118 STAT. 754 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(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 sub stituting ‘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 sub section (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 Sec retary 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 Sec retary 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)— Effective date. Applicability.
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