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Extension of Certain Child Nutrition Programs Provisions through March 31, 2004

EO Guidance Document #
FNS-GD-2004-0005
Resource type
Policy Memos
Resource Materials
PDF Icon Policy Memo (109.64 KB)
DATE: January 12, 2004
SUBJECT: Extension of Certain Child Nutrition Programs Provisions through March 31, 2004
TO: Regional Directors
Child Nutrition Programs
All Regions
State Agencies
Child Nutrition Programs
All States

On Nov. 22, 2003, PL 108-134 was enacted. This law continues appropriations for the Child Nutrition Programs and extends several provisions that were to expire on Nov. 21, 2003. The resolution extends the following provisions of the Richard B. Russell National School Lunch Act (NSLA) until March 31, 2004:

  • Section 9(b)(7) – For purposes of determining eligibility for the child nutrition programs, continues to allow the housing allowance received by military families in privatized housing, i.e., housing under the Military Housing Privatization Initiative, to be excluded from consideration as income;
  • Section 14 (a) – Allows the Secretary to use additional section 32 and Commodity Credit Corporation funds if the amount of section 32 and section 6 funds originally appropriated to purchase commodities for the lunch program is insufficient;
  • Section 17(a)(2)(B)(i) – Private organizations (for profit centers) providing nonresidential child care or day care outside school hours may continue to be eligible to participate in the Child and Adult Care Food Program if at least 25 percent of the children served by the organization meet the income eligibility criteria for free and reduced price meals; and
  • Section 18(f)(2) – Continues the summer pilot projects (Lugar pilots) to increase the number of children in the Summer Food Service Program in the 14 States currently participating in the pilot.

PL 108-134 also extends Section 15 of the Commodity Distribution Reform Act and WIC Amendments of 1987 which allows the Secretary to use section 32 funds to reimburse states for costs of removal of commodities if commodities pose health or safety risk.

Continuation of these provisions beyond March 31, 2004, is dependent on additional Congressional action.

We will notify you of any further extensions.

STANLEY C. GARNETT
Director
Child Nutrition Division

01/12/2004

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.