Page:United States Statutes at Large Volume 118.djvu/776

 118 STAT. 746 PUBLIC LAW 108–265—JUNE 30, 2004 (1) in subparagraph (B), by striking ‘‘or’’; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by inserting after subparagraph (C) the following: ‘‘(D) documentation has been provided to the appropriate local educational agency showing that the child meets the cri teria specified in clauses (iv) or (v) of subsection (b)(12)(A); or ‘‘(E) documentation has been provided to the appropriate local educational agency showing the status of the child as a migratory child (as defined in section 1309 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399)).’’. SEC. 108. CERTIFICATION BY LOCAL EDUCATIONAL AGENCIES. (a) CERTIFICATION BY LOCAL EDUCATIONAL AGENCY.—Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended— (1) in the second sentence of subsection (b)(11) (as redesig nated by section 104(a)(1)), by striking ‘‘Local school authori ties’’ and inserting ‘‘Local educational agencies’’; and (2) in subsection (d)(2)— (A) by striking ‘‘local school food authority’’ each place it appears and inserting ‘‘local educational agency’’; and (B) in subparagraph (A), by striking ‘‘such authority’’ and inserting ‘‘the local educational agency’’. (b) DEFINITION OF LOCAL EDUCATIONAL AGENCY.—Section 12(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)) is amended— (1) by redesignating paragraph (8) as paragraph (3) and moving the paragraph to appear after paragraph (2); (2) by redesignating paragraphs (3) through (7) (as those paragraphs existed before the amendment made by paragraph (1)) as paragraphs (5) through (9), respectively; and (3) by inserting after paragraph (3) (as redesignated by paragraph (1)) the following: ‘‘(4) LOCAL EDUCATIONAL AGENCY.— ‘‘(A) IN GENERAL.—The term ‘local educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ‘‘(B) INCLUSION.—The term ‘local educational agency’ includes, in the case of a private nonprofit school, an appro priate entity determined by the Secretary.’’. (c) SCHOOL BREAKFAST PROGRAM.—Section 4(b)(1)(E)) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)(1)(E)) is amended by striking ‘‘school food authority’’ each place it appears and inserting ‘‘local educational agency’’. SEC. 109. EXCLUSION OF MILITARY HOUSING ALLOWANCES. Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) (as amended by section 104(a)(1)) is amended in paragraph (13) by striking ‘‘For each of fiscal years 2002 and 2003 and through June 30, 2004, the’’ and inserting ‘‘The’’.

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