118 STAT. 751 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(A) a State participating in the program under this subsection as of May 1, 2004; and ‘‘(B) a State in which (based on data available in April 2004)— ‘‘(i) the percentage obtained by dividing— ‘‘(I) the sum of— ‘‘(aa) the average daily number of children attending the summer food service program in the State in July 2003; and ‘‘(bb) the average daily number of children receiving free or reduced price meals under the school lunch program in the State in July 2003; by ‘‘(II) the average daily number of children receiving free or reduced price meals under the school lunch program in the State in March 2003; is less than ‘‘(ii) 66.67 percent of the percentage obtained by dividing— ‘‘(I) the sum of— ‘‘(aa) the average daily number of children attending the summer food service program in all States in July 2003; and ‘‘(bb) the average daily number of children receiving free or reduced price meals under the school lunch program in all States in July 2003; by ‘‘(II) the average daily number of children receiving free or reduced price meals under the school lunch program in all States in March 2003.’’. (2) DURATION.—Section 18(f)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(f)(2)) is amended by striking ‘‘During the period beginning October 1, 2000, and ending June 30, 2004, the’’ and inserting ‘‘The’’. (3) PRIVATE NONPROFIT ORGANIZATIONS.—Section 18(f)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(f)(3)) is amended in subparagraphs (A) and (B) by striking ‘‘(other than a service institution described in section 13(a)(7))’’ both places it appears. (4) REPORT.—Section 18(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(f)) is amended by striking paragraph (6) and inserting the following: ‘‘(6) REPORT.—Not later than April 30, 2007, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agri culture, Nutrition, and Forestry of the Senate a report that includes— ‘‘(A) the evaluations completed by the Secretary under paragraph (5); and ‘‘(B) any recommendations of the Secretary concerning the programs.’’. (5) CONFORMING AMENDMENTS.—Section 18(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(f)) is amended— (A) by striking the subsection heading and inserting the following: ‘‘(f) SIMPLIFIED SUMMER FOOD PROGRAMS.—’’;
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