118 STAT. 767 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(B) RECEIPT AND ACCEPTANCE.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subpara graph (A), without further appropriation. ‘‘(2) USE OF FUNDS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall use funds provided under this subsection to assist States in carrying out subsection (g) and administrative reviews of selected local educational agencies carried out under section 22 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769c). ‘‘(B) EXCEPTION.—The Secretary may retain a portion of the amount provided to cover costs of activities carried out by the Secretary in lieu of the State. ‘‘(3) ALLOCATION.—The Secretary shall allocate funds pro vided under this subsection to States based on the number of local educational agencies that have demonstrated a high level of, or a high risk for, administrative error, as determined by the Secretary, taking into account the requirements estab lished by the Child Nutrition and WIC Reauthorization Act of 2004 and the amendments made by that Act. ‘‘(4) REALLOCATION.—The Secretary may reallocate, to carry out this section, any amounts made available to carry out this subsection that are not obligated or expended, as deter mined by the Secretary.’’. SEC. 127. COMPLIANCE AND ACCOUNTABILITY. Section 22(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769c(d)) is amended by striking ‘‘$3,000,000 for each of the fiscal years 1994 through 2003’’ and inserting ‘‘$6,000,000 for each of fiscal years 2004 through 2009’’. SEC. 128. INFORMATION CLEARINGHOUSE. Section 26(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the first sentence— (1) by striking ‘‘1998, and’’ and inserting ‘‘1998,’’; and (2) by striking ‘‘through 2003’’ and inserting ‘‘through 2004, and $250,000 for each of fiscal years 2005 through 2009’’. SEC. 129. PROGRAM EVALUATION. The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at the end the following: ‘‘SEC. 28. PROGRAM EVALUATION. ‘‘(a) PERFORMANCE ASSESSMENTS.— ‘‘(1) IN GENERAL.—Subject to the availability of funds made available under paragraph (3), the Secretary, acting through the Administrator of the Food and Nutrition Service, may con duct annual national performance assessments of the meal programs under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ‘‘(2) COMPONENTS.—In conducting an assessment, the Sec retary may assess— ‘‘(A) the cost of producing meals and meal supplements under the programs described in paragraph (1); and ‘‘(B) the nutrient profile of meals, and status of menu planning practices, under the programs. 42 USC 1769i.
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