118 STAT. 744 PUBLIC LAW 108–265—JUNE 30, 2004 determinations made for household applications in accordance with criteria established by the Secretary. ‘‘(I) LOCAL CONDITIONS.—In the case of a natural dis aster, civil disorder, strike, or other local condition (as determined by the Secretary), the Secretary may substitute alternatives for— ‘‘(i) the sample size and sample selection criteria established under subparagraph (D); and ‘‘(ii) the verification deadline established under subparagraph (H). ‘‘(J) INDIVIDUAL REVIEW.—In accordance with criteria established by the Secretary, the local educational agency may, on individual review— ‘‘(i) decline to verify no more than 5 percent of approved household applications selected under subparagraph (D); and ‘‘(ii) replace the approved household applications with other approved household applications to be verified. ‘‘(K) FEASIBILITY STUDY.— ‘‘(i) IN GENERAL.—The Secretary shall conduct a study of the feasibility of using computer technology (including data mining) to reduce— ‘‘(I) overcertification errors in the school lunch program under this Act; ‘‘(II) waste, fraud, and abuse in connection with this paragraph; and ‘‘(III) errors, waste, fraud, and abuse in other nutrition programs, as determined to be appro priate by the Secretary. ‘‘(ii) REPORT.—Not later than 180 days after the date of enactment of this paragraph, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing— ‘‘(I) the results of the feasibility study con ducted under this subsection; ‘‘(II) how a computer system using technology described in clause (i) could be implemented; ‘‘(III) a plan for implementation; and ‘‘(IV) proposed legislation, if necessary, to implement the system.’’. (b) CONFORMING AMENDMENTS.—Section 1902(a)(7) of the Social Security Act (42 U.S.C. 1396a(a)(7)) is amended— (1) by striking ‘‘connected with the’’ and inserting ‘‘con nected with— ‘‘(A) the’’; (2) by adding ‘‘and’’ after the semicolon; and (3) by adding at the end the following: ‘‘(B) at State option, the exchange of information nec essary to verify the certification of eligibility of children for free or reduced price breakfasts under the Child Nutri tion Act of 1966 and free or reduced price lunches under the Richard B. Russell National School Lunch Act, in accordance with section 9(b) of that Act, using data stand ards and formats established by the State agency;’’.
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