118 STAT. 760 PUBLIC LAW 108–265—JUNE 30, 2004 SEC. 123. YEAR ROUND SERVICES FOR ELIGIBLE ENTITIES. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) (as amended by section 122) is amended by adding at the end the following: ‘‘(j) YEAR ROUND SERVICES FOR ELIGIBLE ENTITIES.— ‘‘(1) IN GENERAL.—A service institution that is described in section 13(a)(6) (excluding a public school), or a private nonprofit organization described in section 13(a)(7), and that is located in the State of California may be reimbursed— ‘‘(A) for up to 2 meals during each day of operation served— ‘‘(i) during the months of May through September; ‘‘(ii) in the case of a service institution that oper ates a food service program for children on school vacation, at anytime under a continuous school cal endar; and ‘‘(iii) in the case of a service institution that pro vides meal service at a nonschool site to children who are not in school for a period during the school year due to a natural disaster, building repair, court order, or similar case, at anytime during such a period; and ‘‘(B) for a snack served during each day of operation after school hours, weekends, and school holidays during the regular school calendar. ‘‘(2) PAYMENTS.—The service institution shall be reimbursed consistent with section 13(b)(1). ‘‘(3) ADMINISTRATION.—To receive reimbursement under this subsection, a service institution shall comply with section 13, other than subsections (b)(2) and (c)(1) of that section. ‘‘(4) EVALUATION.—Not later than September 30, 2007, the State agency shall submit to the Secretary a report on the effect of this subsection on participation in the summer food service program for children established under section 13. ‘‘(5) FUNDING.—The Secretary shall provide to the State of California such sums as are necessary to carry out this subsection for each of fiscal years 2005 through 2009.’’. SEC. 124. FREE LUNCH AND BREAKFAST ELIGIBILITY. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) (as amended by section 123) is amended by adding at the end the following: ‘‘(k) FREE LUNCH AND BREAKFAST ELIGIBILITY.— ‘‘(1) IN GENERAL.—Subject to the availability of funds under paragraph (4), the Secretary shall expand the service of free lunches and breakfasts provided at schools participating in the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) in all or part of 5 States selected by the Secretary (of which at least 1 shall be a largely rural State with a significant Native American population). ‘‘(2) INCOME ELIGIBILITY.—The income guidelines for deter mining eligibility for free lunches or breakfasts under this subsection shall be 185 percent of the applicable family size income levels contained in the nonfarm income poverty guide lines prescribed by the Office of Management and Budget, as adjusted annually in accordance with section 9(b)(1)(B). ‘‘(3) EVALUATION.— Deadline. Reports.
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