118 STAT. 731 PUBLIC LAW 108–265—JUNE 30, 2004 necessary to ensure that the total amount of funds allocated under paragraph (1) is not greater than the amount appro priated under subsection (g). ‘‘(d) USE OF PAYMENTS.— ‘‘(1) USE BY STATE AGENCIES.—A State agency may reserve, to support dissemination and use of nutrition messages and material developed by the Secretary, up to— ‘‘(A) 5 percent of the payment received by the State for a fiscal year under subsection (c); or ‘‘(B) in the case of a small State (as determined by the Secretary), a higher percentage (as determined by the Secretary) of the payment. ‘‘(2) DISBURSEMENT TO SCHOOLS AND INSTITUTIONS.—Sub ject to paragraph (3), the State agency shall disburse any remaining amount of the payment to school food authorities and institutions participating in food service programs described in subsection (a) to disseminate and use nutrition messages and material developed by the Secretary. ‘‘(3) SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.—In addition to any amounts reserved under paragraph (1), in the case of the summer food service program for children estab lished under section 13, the State agency may— ‘‘(A) retain a portion of the funds made available under subsection (c) (as determined by the Secretary); and ‘‘(B) use the funds, in connection with the program, to disseminate and use nutrition messages and material developed by the Secretary. ‘‘(e) DOCUMENTATION.—A State agency, school food authority, and institution receiving funds under this section shall maintain documentation of nutrition promotion activities conducted under this section. ‘‘(f) REALLOCATION.—The Secretary may reallocate, to carry out this section, any amounts made available to carry out this section that are not obligated or expended, as determined by the Secretary. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.’’. SEC. 102. NUTRITION REQUIREMENTS. Section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)) is amended by striking paragraph (2) and inserting the following: ‘‘(2) FLUID MILK.— ‘‘(A) IN GENERAL.—Lunches served by schools partici pating in the school lunch program under this Act— ‘‘(i) shall offer students fluid milk in a variety of fat contents; ‘‘(ii) may offer students flavored and unflavored fluid milk and lactose free fluid milk; and ‘‘(iii) shall provide a substitute for fluid milk for students whose disability restricts their diet, on receipt of a written statement from a licensed physician that identifies the disability that restricts the student’s diet and that specifies the substitute for fluid milk. ‘‘(B) SUBSTITUTES.—
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