Union Calendar No. 310

103D CONGRESS

2D SESSION H. R. 8

[Report No. 103–535, Parts I and II]

A BILL

To amend the Child Nutrition Act of 1966 and the

cal year 1998.thorities contained in such Acts through the fisNational School Lunch Act to extend certain auJUNE 24, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 310

103D CONGRESS

2D SESSION H. R. 8

[Report No. 103–535, Parts I and II]

To amend the Child Nutrition Act of 1966 and the National School Lunch

Act to extend certain authorities contained in such Acts through the

fiscal year 1998.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. KILDEE (for himself, Mr. FORD of Michigan, and Mr. GOODLING) introduced the following bill; which was referred to the Committee on Education and Labor

MARCH 8, 1994

Additional sponsors: Mr. WHEAT, Mrs. BYRNE, Mr. FRANK of Massachusetts,

Mr. POMEROY, Mr. KLUG, Mr. HUGHES, Ms. WOOLSEY, Mr. TOWNS, Mr.

JOHNSON of South Dakota, Mrs. MALONEY, Mr. BECERRA, Mr. ACKERMAN, Ms. DANNER, Mr. CLAY, Mr. KLINK, Mrs. UNSOELD, Mr.

GUTIERREZ, Mr. SCOTT, Mr. LEHMAN, Mr. MARTINEZ, Mr. MAZZOLI,

Mr. GLICKMAN, Mr. PAYNE of New Jersey, Mr. FOGLIETTA, Mr. GENE

GREEN of Texas, Mrs. MEEK, Mr. HINCHEY, Mr. PETERSON of Minnesota, Mr. BLACKWELL, Mr. RUSH, Mr. ROMERO-BARCELO ́, Mr. PASTOR, Mr. JEFFERSON, Mr. FROST, Ms. MCKINNEY, Mr. EMERSON, Mr.

KOPETSKI, Mr. HASTINGS, Mr. STRICKLAND, Mr. FISH, Mr. ENGEL,

Mrs. MEYERS of Kansas, Mr. NADLER, Ms. NORTON, Mr. MCCRERY, Mr.

SHAYS, Mr. BISHOP, and Mr. EVANS
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JUNE 3, 1994

Reported with an amendment, referred to the Committee on Agriculture for

a period ending not later than June 24, 1994, for consideration of such

provisions contained in the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(a), rule X

[Strike out all after the enacting clause and insert the part printed in italic]

JUNE 24, 1994

Additional sponsors: Mr. MILLER of California, Mr. MINGE, Mr. MCDADE,

Mr. OWENS, Mr. SAWYER, Mrs. MINK, Mr. UNDERWOOD, Mr. WILLIAMS,

Mr. ANDREWS of New Jersey, Ms. ENGLISH of Arizona, Mr. CASTLE, Mr.

CUNNINGHAM, Ms. MOLINARI, Mr. FALEOMAVAEGA, Mr. REED, and Mr.

MURPHY

JUNE 24, 1994

Reported from the Committee on Agriculture with amendments, committed to

the Committee of the Whole House on the State of the Union and ordered to be printed

[Omit the part struck through in italic and insert the part printed in boldface roman]

[For text of introduced bill, see copy of bill as introduced on January 5, 1993]

A BILL

To amend the Child Nutrition Act of 1966 and the National

School Lunch Act to extend certain authorities contained

in such Acts through the fiscal year 1998.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Healthy Meals for Healthy Americans Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents is as

7 follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Sense of the Congress.
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TITLE I—AMENDMENTS TO NATIONAL SCHOOL LUNCH ACT

Sec. 101. Requirement of minimum percentage of commodity

assistance under National School Lunch Act.

Sec. 101. 102. Technical assistance to ensure compliance with nutritional requirements under the school lunch program, the summer food

service program for children, and the child and adult care food

program.

Sec. 102. 103. Nutritional and other program requirements.

Sec. 103. 104. Special assistance for schools electing to serve all children free

lunches or breakfasts.

Sec. 104. 105. Establishment of universal school lunch and breakfast pilot program.

Sec. 105. 106. Miscellaneous provisions and definitions.

Sec. 106. 107. Summer food service program for children.

Sec. 107. 108. Commodity distribution program.

Sec. 108. 109. Child and adult care food program.

Sec. 109. 110. Homeless children nutrition program.

Sec. 110. 111. Pilot projects.

Sec. 111. 112. Reduction of paperwork.

Sec. 112. 113. Extension of Food Service Management Institute.

Sec. 113. 114. Duties of the Secretary of Agriculture relating to nonprocurement

debarment under certain child nutrition programs.

TITLE II—AMENDMENTS TO CHILD NUTRITION ACT OF 1966

Sec. 201. School breakfast program.

Sec. 202. State administrative expenses.

Sec. 203. Special supplemental nutrition program.

Sec. 204. Nutrition education and training.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Consolidation of school lunch program and school breakfast program

into comprehensive meal program.

Sec. 302. Study and report relating to use of private food establishments and caterers under school lunch program and school breakfast program.

Sec. 303. Report relating to unified accountability system under National School

Lunch Act.

Sec. 304. Amendment to Commodity Distribution Reform Act and WIC Amendments of 1987.

1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) undernutrition along with environmental

4 factors associated with poverty can permanently re5 tard physical growth, brain development, and cog6 nitive functioning of children;
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1 (2) the longer a child’s nutritional, emotional,

2 and educational needs go unmet, the greater the likeli3 hood of cognitive impairment;

4 (3) low-income children who attend school hun5 gry score significantly lower on standardized tests

6 than non-hungry low-income children; and

7 (4) supplemental nutrition programs under the

8 National School Lunch Act (42 U.S.C. 1751 et seq.)

9 and the Child Nutrition Act of 1966 (42 U.S.C. 1771

10 et seq.) can help to offset threats posed to a child’s ca11 pacity to learn and perform in school which results

12 from inadequate nutrient intake.

13 SEC. 3. SENSE OF THE CONGRESS.

14 It is the sense of the Congress that—

15 (1) funds should be made available for child nu16 trition programs to remove barriers to the participa17 tion of needy children in the school lunch program,

18 school breakfast program, summer food service pro19 gram for children, and the child and adult care food

20 program under the National School Lunch Act (42

21 U.S.C. 1751 et seq.) and the Child Nutrition Act of

22 1966 (42 U.S.C. 1771 et seq.);

23 (2) the Secretary of Agriculture should take ac24 tions to further strengthen the efficiency of child nu25 trition programs by streamlining administrative re-
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1 quirements to reduce the administrative burden on

2 participating schools and other meal providers; and

3 (3) as a part of efforts to continue to serve nutri4 tious meals to youths in the United States and to

5 educate the general public regarding health and nu6 trition issues, the Secretary of Agriculture should take

7 actions to coordinate the nutrition education efforts of

8 all nutrition programs.

9 TITLE I—AMENDMENTS TO

10 NATIONAL SCHOOL LUNCH ACT

11 SEC. 101. REQUIREMENT OF MINIMUM PERCENTAGE OF

12 COMMODITY ASSISTANCE UNDER NATIONAL

13 SCHOOL LUNCH ACT.

14 Section 6 of the National School Lunch

15 Act (42 U.S.C. 1755) is amended by adding at

16 the end the following new subsection:

17 ‘‘(g) The Secretary shall ensure that not

18 less than 12 percent of the assistance pro19 vided under section 4, this section, and sec20 tion 11 of this Act shall be in the form of com21 modities provided under this section.’’.
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1 SEC. 101. 102. TECHNICAL ASSISTANCE TO ENSURE COMPLI2 ANCE WITH NUTRITIONAL REQUIREMENTS

3 UNDER THE SCHOOL LUNCH PROGRAM, THE

4 SUMMER FOOD SERVICE PROGRAM FOR CHIL5 DREN, AND THE CHILD AND ADULT CARE

6 FOOD PROGRAM.

7 (a) SCHOOL LUNCH PROGRAM.—Section 9(a)(1) of the

8 National School Lunch Act (42 U.S.C. 1758(a)(1)) is

9 amended—

10 (1) by striking ‘‘(1) Lunches served by schools’’

11 and inserting ‘‘(1)(A) Lunches served by schools’’; and

12 (2) by adding at the end the following new sub13 paragraph:

14 ‘‘(B) The Secretary shall provide technical assistance

15 to those schools participating in the school lunch program

16 under this Act to assist such schools in complying with the

17 nutritional requirements prescribed by the Secretary pursu18 ant to subparagraph (A). The Secretary shall provide addi19 tional technical assistance to those schools that are having

20 difficulty maintaining compliance with such require21 ments.’’.

22 (b) SUMMER FOOD SERVICE PROGRAM FOR CHIL23 DREN.—Section 13(f) of such Act (42 U.S.C. 1761(f)) is

24 amended—

25 (1) by adding after the first sentence the follow26 ing new sentences: ‘‘The Secretary shall provide tech-
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1 nical assistance to service institutions and private

2 nonprofit organizations participating in the program

3 to assist such institutions and organizations in com4 plying with the nutritional requirements prescribed

5 by the Secretary pursuant to this subparagraph. The

6 Secretary shall provide additional technical assist7 ance to those service institutions and private non8 profit organizations that are having difficulty main9 taining compliance with such requirements.’’; and

10 (2) in the fourth sentence (as amended by para11 graph (1)), by striking ‘‘Such meals’’ and inserting

12 ‘‘Meals described in the first sentence’’.

13 (c) CHILD AND ADULT CARE FOOD PROGRAM.—Sec14 tion 17(g)(1) of such Act (42 U.S.C. 1766(g)(1)) is amend15 ed—

16 (1) by striking ‘‘(1) Meals served by institutions’’

17 and inserting ‘‘(1)(A) Meals served by institutions’’;

18 and

19 (2) by adding at the end the following new sub20 paragraph:

21 ‘‘(B) The Secretary shall provide technical assistance

22 to those institutions participating in the program under

23 this section to assist such institutions and family or group

24 day care home sponsoring organizations in complying with

25 the nutritional requirements prescribed by the Secretary
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1 pursuant to subparagraph (A). The Secretary shall provide

2 additional technical assistance to those institutions and

3 family or group day care home sponsoring organizations

4 that are having difficulty maintaining compliance with

5 such requirements.’’.

6 SEC. 102. 103. NUTRITIONAL AND OTHER PROGRAM RE7 QUIREMENTS.

8 (a) MINIMUM NUTRITIONAL REQUIREMENTS BASED

9 ON WEEKLY AVERAGE OF NUTRIENT CONTENT OF SCHOOL

10 LUNCHES.—Section 9(a)(1)(A) of the National School

11 Lunch (42 U.S.C. 1758(a)(1)(A)) (as amended by section

12 101(a)) is further amended—

13 (1) by striking ‘‘; except that such minimum nu14 tritional requirements’’ and inserting ‘‘, except that—

15 ‘‘(i) such minimum nutritional requirements’’;

16 (2) by striking the period at the end and insert17 ing ‘‘; and’’; and

18 (3) by adding at the end the following new

19 clause:

20 ‘‘(ii) such minimum nutritional requirements

21 shall, at a minimum, be based on the weekly average

22 of the nutrient content of school lunches.’’.

23 (b) NUTRITIONAL REQUIREMENTS RELATING TO PRO24 VISION OF MILK.—Section 9(a)(2) of such Act (42 U.S.C.

25 1758(a)(2)) is amended to read as follows:
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1 ‘‘(2) Lunches served by schools participating in the

2 school lunch program under this Act—

3 ‘‘(A) shall offer students fluid milk; and

4 ‘‘(B) shall offer students a variety of fluid milk

5 consistent with prior year demonstrated preferences

6 unless the prior year preference for any such variety

7 of fluid milk is less than 1 percent of the total milk

8 consumed at the school.’’.

9 (c) INCREASED FLEXIBILITY RELATING TO USE OF IN10 FORMATION SUBMITTED TO DETERMINE ELIGIBILITY

11 UNDER PROGRAMS UNDER NATIONAL SCHOOL LUNCH ACT

12 AND CHILD NUTRITION ACT OF 1966.—Section 9(b)(5) of

13 such Act (42 U.S.C. 1758(b)(5)) is amended by adding at

14 the end the following new sentences: ‘‘Except as provided

15 in the next sentence, a local agency responsible for admin16 istering programs under this Act or the Child Nutrition Act

17 of 1966 (42 U.S.C. 1771 et seq.) shall use information sub18 mitted for the purpose of receiving benefits under such pro19 grams only for the purpose of determining eligibility for

20 such benefits. Such local agency may use such eligibility

21 determination to demonstrate the eligibility for benefits

22 under other Federal, State, or local means-tested nutrition

23 programs with comparable eligibility standards.’’.

24 (d) AUTOMATIC ELIGIBILITY OF HEAD START PAR25 TICIPANTS.—
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1 (1) IN GENERAL.—The National School Lunch

2 Act (42 U.S.C. 1751 et seq.) is amended—

3 (A) in section 9(b)(6)(A) (42 U.S.C.

4 1758(b)(6)(A))—

5 (i) in the matter preceding clause (i),

6 by striking ‘‘a member of’’;

7 (ii) in clause (i)—

8 (I) by inserting ‘‘a member of’’

9 after ‘‘(i)’’; and

10 (II) by striking ‘‘or’’ at the end of

11 the clause;

12 (iii) in clause (ii)—

13 (I) by inserting ‘‘a member of’’

14 after ‘‘(ii)’’; and

15 (II) by striking the period at the

16 end of the clause and inserting ‘‘; or’’;

17 and

18 (iv) by adding at the end the following

19 new clause:

20 ‘‘(iii) enrolled as a participant in a Head Start

21 program authorized under the Head Start Act (42

22 U.S.C. 9831 et seq.), on the basis of a determination

23 that the child is a member of a family that meets the

24 low-income criteria prescribed under section
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1 645(a)(1)(A) of the Head Start Act (42 U.S.C.

2 9840(a)(1)(A)).’’;

3 (B) in section 9(b)(6)(B) (42 U.S.C.

4 1758(b)(6)(B)), by striking ‘‘food stamps or aid

5 to families with dependent children’’ and insert6 ing ‘‘food stamps, aid to families with dependent

7 children, or enrollment or participation in the

8 Head Start program on the basis described in

9 subparagraph (A)(iii)’’; and

10 (C) in section 17(c) (42 U.S.C. 1766(c)), by

11 adding at the end the following new paragraph:

12 ‘‘(5) A child shall be considered automatically eligible

13 for benefits under this section without further application

14 or eligibility determination, if the child is enrolled as a par15 ticipant in a Head Start program authorized under the

16 Head Start Act (42 U.S.C. 9831 et seq.), on the basis of

17 a determination that the child is a member of a family that

18 meets the low-income criteria prescribed under section

19 645(a)(1)(A) of the Head Start Act (42 U.S.C.

20 9840(a)(1)(A)).’’.

21 (2) EFFECTIVE DATE.—The amendments made

22 by paragraph (1) shall take effect on October 1, 1995.

23 (e) DOCUMENTATION OF PRODUCTION PLANS.—Sec24 tion 9 of such Act (42 U.S.C. 1758) is amended by adding

25 at the end the following new subsection:
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1 ‘‘(f)(1) The Secretary shall clarify that the primary

2 need for documentation of production plans is to serve as

3 a basis for ensuring that the meals under the school lunch

4 program meet the nutrient needs of the children to be served

5 under such program. The State shall determine whether ex6 isting records are adequate to ensure that the objective of

7 the preceding sentence is met.

8 ‘‘(2) The Secretary shall clarify the need for internal

9 controls in developing a claim for reimbursement under the

10 school lunch program.’’.

11 (f) SEAFOOD PRODUCTION REQUIREMENTS.—Section

12 9 of such Act (42 U.S.C. 1758) (as amended by subsection

13 (e)) is further amended by adding at the end the following

14 new subsection:

15 ‘‘(g)(1) The Secretary shall ensure that fish and fish

16 products purchased by schools participating in the school

17 lunch program shall be—

18 ‘‘(A) inspected in compliance with the continu19 ous official establishment and product inspection of

20 the National Marine Fisheries Service; or

21 ‘‘(B) inspected in compliance with the hazard

22 analysis critical control point requirements promul23 gated by the Food and Drug Administration.

24 ‘‘(2) For purposes of this subsection, the term ‘fish and

25 fish products’ has the meaning given such term by the Food
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1 and Drug Administration in its proposal of January 28,

2 1994 (59 Fed. Reg. 4195).’’.

3 SEC. 103. 104. SPECIAL ASSISTANCE FOR SCHOOLS ELECT4 ING TO SERVE ALL CHILDREN FREE LUNCHES

5 OR BREAKFASTS.

6 Section 11(a)(1) of the National School Lunch Act (42

7 U.S.C. 1759a(a)(1)) is amended—

8 (1) by striking ‘‘(a)(1) Except as provided’’ and

9 inserting ‘‘(a)(1)(A) Except as provided’’;

10 (2) in the second sentence, by striking ‘‘In the

11 case of’’ and inserting—

12 ‘‘(B) In the case of’’;

13 (3) in the third sentence—

14 (A) by striking ‘‘In the case of’’ and insert15 ing—

16 ‘‘(C)(i) Except as provided in clause (ii), in the case

17 of’’; and

18 (B) by striking ‘‘(A)’’ and inserting ‘‘(I)’’

19 and by striking ‘‘(B)’’ and inserting ‘‘(II)’’;

20 (4) by adding at the end the following new

21 clause:

22 ‘‘(ii)(I)(aa) In the case of any school that, on the date

23 of the enactment of this clause, is serving all children in

24 that school free lunches under the school lunch program in

25 accordance with clause (i), special assistance payments
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1 shall be paid to the State educational agency with respect

2 to such school for free lunches served to all children in such

3 school during a period of five consecutive years in accord4 ance with such clause.

5 ‘‘(bb) Any period of time in the current 3-year period

6 during which the school served free lunches to all children

7 in such school in accordance with clause (i) shall count to8 ward the 5-year period described in division (aa).

9 ‘‘(cc) The State may grant an extension to such schools

10 at the end of such 3-year period, only if the State deter11 mines, through available socioeconomic data approved by

12 the Secretary, that the income level of the population of the

13 school has remained stable. The State may further use such

14 data in subsequent 5-year periods to ensure that the income

15 level of the population of the school has remained stable.

16 ‘‘(II) A school described in subclause (I) may reapply

17 to the State at the end of a 5-year period described in such

18 subclause for the purpose of continuing to receive special

19 assistance payments in accordance with such subclause for

20 additional 5-year periods.’’; and

21 (5) by further adding at the end the following

22 new subparagraph:

23 ‘‘(D) In the case of any school that (i) elects to serve

24 all children in that school free lunches under the school

25 lunch program during any period of 4 successive years, or
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1 in the case of a school that serves both lunches and break2 fasts, elects to serve all children in that school free lunches

3 and free breakfasts under the school lunch program and the

4 school breakfast program during any period of 4 successive

5 years and (ii) pays, from sources other than Federal funds,

6 for the costs of serving such lunches or breakfasts, as the

7 case may be, which are in excess of the value of assistance

8 received under this Act and the Child Nutrition Act of 1966

9 (42 U.S.C. 1771 et seq.) with respect to the number of

10 lunches or breakfasts served during that period, total Fed11 eral cash reimbursements and total commodity assistance

12 shall be provided to the State educational agency with re13 spect to such school at a level equal to the total Federal

14 cash reimbursements and total commodity assistance re15 ceived by the school in the previous year, adjusted annually

16 for changes in inflation in accordance with paragraph

17 (3)(B) and for changes in enrollment, to carry out the pur18 poses of the school lunch or school breakfast programs. The

19 State may grant a renewal of the authority under the pre20 ceding sentence to such schools at the end of such 4-year

21 period, if the State determines, through available socio22 economic data approved by the Secretary, that the income

23 level of the population of the school has remained consistent

24 with the income level of the population of the school in the
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1 year upon which the total Federal reimbursement is

2 based.’’.

3 SEC. 104. 105. ESTABLISHMENT OF UNIVERSAL SCHOOL

4 LUNCH AND BREAKFAST PILOT PROGRAM.

5 (a) IN GENERAL.—The National School Lunch Act (42

6 U.S.C. 1751 et seq.) is amended by inserting after section

7 11 the following new section:

8 ‘‘SEC. 11A. UNIVERSAL SCHOOL LUNCH AND BREAKFAST

9 PILOT PROGRAM.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) ESTABLISHMENT.—Subject to the availabil12 ity of appropriations to carry out this section, the

13 Secretary shall establish a universal school lunch and

14 breakfast pilot program (in this section referred to as

15 the ‘pilot program’).

16 ‘‘(2) DESCRIPTION.—The pilot program shall

17 consist of school lunch and breakfast service offered

18 without cost to all students in attendance at partici19 pating schools that wish to participate in a manner

20 consistent with the requirements otherwise applicable

21 to the school lunch program under this Act and to the

22 school breakfast program under section 4 of the Child

23 Nutrition Act of 1966.
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1 ‘‘(3) ELIGIBILITY.—A school shall be eligible to

2 participate in the pilot program if the school meets

3 the following requirements:

4 ‘‘(A) At least 30 percent of all students par5 ticipating in the school lunch program at the

6 school are students who qualify for free or re7 duced price lunches.

8 ‘‘(B) At least 30 percent of all students par9 ticipating in the school breakfast program at the

10 school are students who qualify for free or re11 duced price breakfasts.

12 ‘‘(b) APPLICATION.—

13 ‘‘(1) IN GENERAL.—A school may participate in

14 the pilot program only if such school submits to the

15 Secretary an application containing such information

16 as the Secretary may reasonably require.

17 ‘‘(2) CONTENTS.—Such application shall contain

18 a plan describing—

19 ‘‘(A) the additional amount over the most

20 recent prior year reimbursement amount received

21 under the school lunch program and the school

22 breakfast program (adjusted for inflation and

23 enrollment) that the school would need from the

24 Federal government to provide free lunches and

25 breakfasts under the pilot program; and
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1 ‘‘(B) the funding, if any, the school will re2 ceive from non-Federal sources to provide free

3 lunches and breakfasts under the pilot program.

4 ‘‘(c) UNIVERSAL PAYMENT RATE.—

5 ‘‘(1) IN GENERAL.—Subject to paragraphs (3)

6 and (4), in lieu of receiving the national average pay7 ment per lunch determined under section 4 and sec8 tion 11, and the national average payment per break9 fast determined under section 4 of the Child Nutrition

10 Act of 1966, each school participating in the univer11 sal program shall receive the universal payment rates

12 determined under paragraph (2) for each lunch and

13 breakfast served under the program.

14 ‘‘(2) ESTABLISHMENT.—Subject to paragraph

15 (3), the Secretary shall establish the universal pay16 ment rates for purposes of this section. Such rates

17 shall be equal to the national average cost of produc18 ing a school lunch, and the national average cost of

19 producing a school breakfast, respectively, as deter20 mined by the Secretary. In making the determination

21 required by the preceding sentence, the Secretary shall

22 establish a maximum amount that can be charged to

23 a participating school food service authority for indi24 rect expenses.
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1 ‘‘(3) COMMODITIES.—(A) Except as provided in

2 subparagraph (B), a school participating in the pilot

3 program shall receive commodities in an amount

4 equal to the amount the school received in the prior

5 year under the school lunch program under this Act

6 and under the school breakfast program under section

7 4 of the Child Nutrition Act of 1966, adjusted for in8 flation and fluctuations in enrollment.

9 ‘‘(B) Commodities required for the pilot program

10 in excess of the amount of commodities received by the

11 school in the prior year under the school lunch pro12 gram and the school breakfast program may be fund13 ed from amounts appropriated to carry out this sec14 tion.

15 ‘‘(4) ADDITIONAL REQUIREMENTS.—(A) Except

16 as provided in subparagraph (B), a school participat17 ing in the pilot program shall receive a total Federal

18 reimbursement under the school lunch program and

19 school breakfast program in an amount equal to the

20 Federal reimbursement rate for the school in the prior

21 year under each such program (adjusted for inflation

22 and fluctuations in enrollment).

23 ‘‘(B) Funds required for the pilot program in ex24 cess of the level of reimbursement received by the

25 school in the prior year (adjusted for inflation and
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1 fluctuations in enrollment) may be taken from any

2 non-Federal source or from amounts appropriated to

3 carry out this section. If funds required in addition

4 to funds under subparagraph (A) are not available

5 from non-Federal sources and no appropriations are

6 made for the pilot program, schools may not partici7 pate in the program.

8 ‘‘(d) COMPETITIVE FOODS POLICY.—A school partici9 pating in the pilot program may sell competitive foods

10 under regulations issued by the Secretary.

11 ‘‘(e) PROHIBITION OF WAIVER TO PROVIDE LUNCH

12 AND BREAKFAST SERVICE WITHOUT COST.—Notwithstand13 ing any other provision of law, the Secretary may not

14 waive the requirement that the school will provide lunch

15 and breakfast service without cost to all students at the

16 school under the pilot program.

17 ‘‘(f) REPORTS.—

18 ‘‘(1) REPORTS TO THE SECRETARY.—The Sec19 retary shall require each school participating in the

20 pilot program to submit to the Secretary a report

21 containing the following information:

22 ‘‘(A) A comparison of the participation rate

23 of all students at the school in the pilot program

24 to the participation of students under the school

25 lunch program and the school breakfast program.
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1 ‘‘(B) A comparison of the quality of meals

2 served under the pilot program to the quality of

3 meals served under the school lunch program and

4 the school breakfast program.

5 ‘‘(C) An evaluation of the pilot program by

6 students, parents, and administrators.

7 ‘‘(D) The participation rate in the pilot

8 program of students who otherwise would be eli9 gible for free and reduced price lunches and

10 breakfasts under the school lunch program or the

11 school breakfast program.

12 ‘‘(E) A comparison of the amount of admin13 istrative costs under the program with the

14 amount of administrative costs under the school

15 lunch and school breakfast programs.

16 ‘‘(F) The reduction in paperwork under the

17 pilot program from the amount of paperwork

18 under the school lunch and school breakfast pro19 grams at the school.

20 ‘‘(2) REPORTS TO THE CONGRESS.—

21 ‘‘(A) INTERIM REPORT.—Not later than

22 September 30, 1997, the Secretary shall submit

23 to the Congress an interim report containing—

24 ‘‘(i) a compilation of the information

25 received by the Secretary under paragraph
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1 (1) as of this date from each school partici2 pating in the pilot program; and

3 ‘‘(ii) an interim evaluation of the pro4 gram by the Secretary.

5 ‘‘(B) FINAL REPORT.—Not later than Sep6 tember 30, 1998, the Secretary shall submit to

7 the Congress a final report containing—

8 ‘‘(i) a compilation of the information

9 received by the Secretary under paragraph

10 (1) as of this date from each school partici11 pating in the pilot program; and

12 ‘‘(ii) a final evaluation of the program

13 by the Secretary.

14 ‘‘(g) SELECTION REQUIREMENT.—To the extent prac15 ticable, the Secretary shall select schools to participate in

16 the pilot program in a manner which will provide for an

17 equitable distribution among the following types of schools:

18 ‘‘(1) Urban and rural schools.

19 ‘‘(2) Elementary, middle, and high schools.

20 ‘‘(3) Low-, middle-, and high-income schools.

21 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated to carry out this section

23 $15,000,000 for each of the fiscal years 1995 through

24 1998.’’.
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1 (b) EFFECTIVE DATE.—The Secretary of Agriculture

2 shall issue regulations to carry out section 11A of the Na3 tional School Lunch Act (as added by subsection (a) of this

4 section) that provide for the implementation of such section

5 not later than July 1, 1995.

6 SEC. 105. 106. MISCELLANEOUS PROVISIONS AND DEFINI7 TIONS.

8 (a) TECHNICAL AMENDMENT TO DEFINITION OF

9 SCHOOL.—

10 (1) IN GENERAL.—Section 12(d)(5) of the Na11 tional School Lunch Act (42 U.S.C. 1760(d)(5)) is

12 amended—

13 (A) in the first sentence—

14 (i) in clause (A), by inserting ‘‘and’’ at

15 the end of such clause;

16 (ii) in clause (B), by striking ‘‘, and’’

17 and inserting a period; and

18 (iii) by striking clause (C); and

19 (B) in the second sentence, by striking ‘‘of

20 clauses (A) and (B)’’.

21 (2) EFFECTIVE DATE.—The amendments made

22 by paragraph (1) shall take effect on October 1, 1995.

23 (b) REIMBURSEMENT FOR MEALS, SUPPLEMENTS, AND

24 MILK UNDER CERTAIN PROGRAMS CONTINGENT UPON

25 TIMELY SUBMISSION OF CLAIMS AND FINAL PROGRAM OP-
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1 ERATIONS REPORT.—Section 12 of such Act (42 U.S.C.

2 1760) is amended by adding at the end the following new

3 subsection:

4 ‘‘(j)(1) Except as provided in paragraph (2), the Sec5 retary may provide reimbursements for final claims for

6 service of meals, supplements, and milk submitted to State

7 agencies by eligible schools, summer camps, family day care

8 homes, institutions, and service institutions only if—

9 ‘‘(A) such claims have been submitted to such

10 State agencies not later than 60 days after the last

11 day of the month for which the reimbursement is

12 claimed; and

13 ‘‘(B) the final program operations report for

14 such month is submitted to the Secretary not later

15 than 90 days after the last day of such month.

16 ‘‘(2) The Secretary may waive the requirements con17 tained in paragraph (1) at the discretion of the Secretary.’’.

18 (c) REQUIREMENT OF NEGOTIATED RULEMAKING

19 PROCESS IN ISSUING REGULATIONS UNDER THE NATIONAL

20 SCHOOL LUNCH ACT AND THE CHILD NUTRITION ACT OF

21 1966.—Section 12 of such Act (42 U.S.C. 1760) (as amend22 ed by subsection (b)) is further amended by adding at the

23 end the following new subsection:

24 ‘‘(k)(1) The Secretary is authorized to issue such regu25 lations as are necessary to reasonably ensure that there is
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1 compliance with this Act and the Child Nutrition Act of

2 1966 (42 U.S.C. 1771 et seq.).

3 ‘‘(2)(A) Prior to publishing proposed regulations in

4 the Federal Register to carry out this Act and the Child

5 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (except the

6 special supplemental nutrition program under section 17

7 of such Act), the Secretary shall obtain the advice and rec8 ommendations of representatives of Federal, State, and

9 local school administrators, school food service administra10 tors, other school food service personnel, parents, teachers,

11 industry representatives, public interest anti-hunger orga12 nizations, doctors specializing in pediatric nutrition, and

13 nutritionists involved with the implementation and oper14 ation of programs under this Act and the Child Nutrition

15 Act of 1966.

16 ‘‘(B) Such advice and recommendations may be ob17 tained through such mechanisms as regional meetings and

18 electronic exchanges of information. The Secretary shall

19 take into account such information in the development of

20 proposed regulations and shall publish a summary of such

21 information in the Federal Register together with such pro22 posed regulations.

23 ‘‘(C) After obtaining such advice and recommenda24 tions, and prior to publishing proposed regulations, the Sec25 retary shall—
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1 ‘‘(i) establish a negotiated rulemaking process on

2 issues, including—

3 ‘‘(I) nutrition requirements and their im4 plementation; and

5 ‘‘(II) program compliance and accountabil6 ity requirements;

7 ‘‘(ii) select individuals to participate in such

8 process from among individuals or groups which pro9 vided advice and recommendations, with representa10 tion from all geographic regions (to the extent pos11 sible, the Secretary shall select individuals reflecting

12 the diversity in the program, including representa13 tives of both large and small programs, as well as in14 dividuals serving urban and rural areas); and

15 ‘‘(iii) prepare a draft of proposed policy options

16 that shall be provided to the individuals selected by

17 the Secretary under clause (ii) not less than 45 days

18 prior to the first meeting under such process.

19 ‘‘(D) Such process—

20 ‘‘(i) shall be conducted in a timely manner to

21 ensure that final regulations are issued by the Sec22 retary not later than 240 days after the date of the

23 enactment of the Healthy Meals for Healthy Ameri24 cans Act of 1994; and
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1 ‘‘(ii) shall not be subject to the Federal Advisory

2 Committee Act but shall otherwise follow the provi3 sions of the Negotiated Rulemaking Act of 1990 (5

4 U.S.C. 561 et seq.).

5 ‘‘(E) In an emergency situation in which regulations

6 to carry out this Act and the Child Nutrition Act of 1966

7 (42 U.S.C. 1771 et seq.) must be issued with a very limited

8 time to assist State and local educational agencies with the

9 operation of the program, the Secretary may issue proposed

10 regulations without following such process but shall, imme11 diately thereafter and prior to issuing final regulations,

12 conduct regional meetings to review such proposed regula13 tions.’’.

14 (d) AUTHORITY OF SECRETARY TO WAIVE STATUTORY

15 AND REGULATORY REQUIREMENTS UNDER THE NATIONAL

16 SCHOOL LUNCH ACT AND THE CHILD NUTRITION ACT OF

17 1966.—Section 12 of such Act (42 U.S.C. 1760) (as amend18 ed by subsections (b) and (c)) is further amended by adding

19 at the end the following new subsection:

20 ‘‘(l)(1)(A) The Secretary may waive any requirement

21 under this Act or the Child Nutrition Act of 1966 (42

22 U.S.C. 1771 et seq.), or any regulation issued under such

23 Acts, for a State or eligible service provider that requests

24 a waiver if—
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1 ‘‘(i) the Secretary determines that the waiver of

2 such requirement would facilitate the ability of the

3 State or eligible service provider to carry out the pur4 pose of the program;

5 ‘‘(ii) a State or eligible service provider has pro6 vided notice and information to the public regarding

7 the proposed waiver; and

8 ‘‘(iii) the State or eligible service provider dem9 onstrates to the satisfaction of the Secretary that such

10 waiver will not increase the overall cost of the pro11 gram to the Federal government, and, if such waiver

12 does increase such overall cost to the Federal govern13 ment, such cost will be paid from non-Federal funds.

14 ‘‘(B) Such notice and information shall be provided

15 in the same manner in which such State or eligible service

16 provider customarily provides similar notices and informa17 tion to the public.

18 ‘‘(2)(A) To request a waiver, a State or eligible service

19 provider shall submit an application to the Secretary

20 that—

21 ‘‘(i) identifies the statutory or regulatory re22 quirements that are requested to be waived;

23 ‘‘(ii) in the case of a State requesting a waiver,

24 describes actions, if any, that the State has under-
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1 taken to remove State statutory or regulatory bar2 riers;

3 ‘‘(iii) describes the goal of the waiver to improve

4 services under the program and the expected outcomes

5 if the waiver is granted;

6 ‘‘(iv) includes a description of the impediments

7 to the efficient operation and administration of the

8 program;

9 ‘‘(v) describes the management goals to be

10 achieved, such as fewer hours devoted to or fewer

11 number of personnel involved in the administration of

12 the program;

13 ‘‘(vi) provides a timetable for implementing the

14 waiver; and

15 ‘‘(vii) describes the process the State or eligible

16 service provider will use to monitor the progress in

17 implementing the waiver, including the process for

18 monitoring the cost implications of the waiver to the

19 Federal government.

20 ‘‘(B) An application described in subparagraph (A)

21 shall be developed by the State or eligible service provider

22 and shall be submitted to the Secretary by the State.

23 ‘‘(3)(A) The Secretary shall act promptly on a waiver

24 request contained in an application submitted under para25 graph (2) and shall either grant or deny such request. The
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1 Secretary shall state in writing the reasons for granting

2 or denying such request.

3 ‘‘(B) If the Secretary grants a waiver request, the Sec4 retary shall state in writing the expected outcome of grant5 ing such a waiver.

6 ‘‘(C) The result of the decision of the Secretary shall

7 be disseminated by the State or eligible service provider to

8 interested parties, including educators, parents, students,

9 advocacy and civil rights organizations, other interested

10 parties, and the public.

11 ‘‘(D)(i) Except as provided in clause (ii), a waiver

12 granted by the Secretary shall be for a period not to exceed

13 three years.

14 ‘‘(ii) The Secretary may extend such period if the Sec15 retary determines that the waiver has been effective in ena16 bling the State or eligible service provider to carry out the

17 purposes of the program.

18 ‘‘(4) The Secretary may not grant a waiver under

19 paragraph (3) of any requirement relating to—

20 ‘‘(A) the nutritional content of meals served;

21 ‘‘(B) Federal reimbursement rates;

22 ‘‘(C) the provision of free and reduced price

23 meals;

24 ‘‘(D) offer versus serve provisions;
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1 ‘‘(E) limits on the price charged for a reduced

2 price meal;

3 ‘‘(F) maintenance of effort;

4 ‘‘(G) equitable participation of children in pri5 vate schools;

6 ‘‘(H) distribution of funds to State and local

7 school food service authorities;

8 ‘‘(I) prohibiting the disclosure of information re9 lating to students receiving free or reduced price

10 meals;

11 ‘‘(J) prohibiting the operation of a profit pro12 ducing program;

13 ‘‘(K) the sale of competitive foods; and

14 ‘‘(L) the commodity distribution pro15 gram under section 14 of this Act; and

16 ‘‘(L) (M) enforcement of any constitutional or

17 statutory right of an individual, including any right

18 under—

19 ‘‘(i) title VI of the Civil Rights Act of 1964;

20 ‘‘(ii) Section 504 of the Rehabilitation Act

21 of 1973;

22 ‘‘(iii) title IX of the Education Amendments

23 of 1972;

24 ‘‘(iv) the Age Discrimination Act of 1975;

25 and
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1 ‘‘(v) the Americans with Disabilities Act of

2 1990.

3 ‘‘(5) The Secretary shall periodically review the per4 formance of any State or eligible service provider for which

5 the Secretary has granted a waiver and shall terminate the

6 waiver if the performance of the State or service provider

7 has been inadequate to justify a continuation of the waiver.

8 The Secretary shall terminate the waiver if, after periodic

9 review, the Secretary determines that the waiver has re10 sulted in increased Federal spending and such increased

11 Federal spending has not been paid for in accordance with

12 paragraph (1)(A)(iii).

13 ‘‘(6)(A)(i) An eligible service provider that receives a

14 waiver under this section shall annually submit to the State

15 a report that—

16 ‘‘(I) describes the use of such waiver by the eligi17 ble service provider; and

18 ‘‘(II) evaluates how the waiver contributed to

19 improved services to children served by the program

20 for which the waiver was requested.

21 ‘‘(ii) The State shall annually submit to the Secretary

22 a report that summarizes all reports received by the State

23 from eligible service providers.

24 ‘‘(B) The Secretary shall annually submit to the Com25 mittee on Education and Labor and the Committee
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1 on Agriculture of the House of Representatives and the

2 Committee on Agriculture, Nutrition, and Forestry of the

3 Senate, a report—

4 ‘‘(i) summarizing the use of waivers by the State

5 and eligible service providers;

6 ‘‘(ii) describing whether such waivers resulted in

7 improved services to children;

8 ‘‘(iii) describing the impact of such waivers on

9 providing nutritional meals to participants; and

10 ‘‘(iv) describing how such waivers reduced the

11 amount of paperwork necessary to administer the

12 program.

13 ‘‘(7) For purposes of this subsection, the term ‘eligible

14 service provider’ means—

15 ‘‘(A) a local school food service authority;

16 ‘‘(B) a service institution or private nonprofit

17 organization described under section 13 of this Act; or

18 ‘‘(C) a family or group day care home sponsor19 ing organization described under section 17 of this

20 Act.’’.

21 SEC. 106. 107. SUMMER FOOD SERVICE PROGRAM FOR CHIL22 DREN.

23 (a) PRIORITY REQUIREMENTS FOR DETERMINING

24 PARTICIPATION OF CERTAIN ELIGIBLE SERVICE INSTITU25 TIONS.—Section 13(a)(4) of the National School Lunch Act
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1 (42 U.S.C. 1761(a)(4)) is amended by striking subpara2 graphs (A) through (F) and inserting the following new sub3 paragraphs:

4 ‘‘(A) Local schools.

5 ‘‘(B) All other service institutions and private

6 nonprofit organizations eligible under paragraph (7)

7 that have demonstrated successful program perform8 ance in a prior year.

9 ‘‘(C) Other service institutions and private non10 profit organizations eligible under paragraph (7).’’.

11 (b) ELIMINATION OF 1-YEAR WAITING PERIOD WITH

12 RESPECT TO PARTICIPATION OF PRIVATE NONPROFIT OR13 GANIZATIONS IN CERTAIN AREAS UNDER THE PROGRAM.—

14 Section 13(a)(7) of such Act (42 U.S.C. 1761(a)(7)) is

15 amended by striking subparagraph (C) of such section.

16 (c) ELIMINATION OF WARNING IN PRIVATE NONPROFIT

17 ORGANIZATION APPLICATION RELATING TO CRIMINAL PRO18 VISIONS AND RELATED MATTERS.—Section 13(q) of such

19 Act (42 U.S.C. 1761(q)) is amended—

20 (1) by striking paragraph (2);

21 (2) by redesignating paragraphs (3) through (5)

22 as paragraphs (2) through (4), respectively; and

23 (3) in paragraph (3) (as redesignated), by strik24 ing ‘‘paragraphs (1) and (3)’’ and inserting ‘‘para25 graphs (1) and (2)’’.
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1 (d) EXTENSION OF PROGRAM.—Section 13(r) of such

2 Act (42 U.S.C. 1761(r)) is amended by striking ‘‘1994’’ and

3 inserting ‘‘1998’’.

4 SEC. 107. 108. COMMODITY DISTRIBUTION PROGRAM.

5 Section 14 of the National School Lunch Act (42 (a)

6 IN GENERAL.—Section 14 of the National

7 School Lunch Act (42 U.S.C. 1762a) is amended—

8 (1) in subsection (a), by striking ‘‘1994’’ and in9 serting ‘‘1998’’; and

10 (2) in subsection (b)—

11 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

12 (B) by adding at the end the following new

13 paragraphs:

14 ‘‘(2) The Secretary shall maintain and continue

15 to improve the overall nutritional quality of entitlement

16 commodities provided to schools to assist the schools in im17 proving the nutritional content of meals.

18 ‘‘(3) The Secretary shall—

19 ‘‘(A) require that nutritional content informa20 tion labels be placed on packages or shipments of enti21 tlement commodities provided to the schools; or

22 ‘‘(B) otherwise provide nutritional content infor23 mation regarding the commodities provided to the

24 schools.’’.
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1 (b) COMBINATION OF FEDERALLY DONATED

2 AND FEDERALLY INSPECTED MEAT OR POUL3 TRY.—Section 14 of such Act (42 U.S.C. 1762a)

4 is amended by adding at the end the following

5 new subsection:

6 ‘‘(h) No State shall restrict or prohibit a le7 gally contracted commercial entity from phys8 ically combining federally donated and feder9 ally inspected meat or poultry with federally

10 donated and federally inspected meat or poul11 try from another State.’’.

12 SEC. 108. 109. CHILD AND ADULT CARE FOOD PROGRAM.

13 (a) REAPPLICATION FOR ASSISTANCE AT 3-YEAR IN14 TERVALS.—Section 17(d)(2)(A) of the National School

15 Lunch Act (42 U.S.C. 1766(d)(2)(A)) is amended by strik16 ing ‘‘2-year intervals’’ and inserting ‘‘3-year intervals’’.

17 (b) USE OF ADMINISTRATIVE FUNDS TO CONDUCT

18 OUTREACH AND RECRUITMENT TO UNLICENSED DAY CARE

19 HOMES.—Section 17(f)(3)(C) of such Act (42 U.S.C.

20 1766(f)(3)(C)) is amended—

21 (1) by striking ‘‘(C) Reimbursement for adminis22 trative expenses’’ and inserting ‘‘(C)(i) Reimburse23 ment for administrative expenses’’; and

24 (2) by adding at the end the following new

25 clause:
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1 ‘‘(ii) Funds for administrative expenses may be used

2 by family or group day care home sponsoring organizations

3 to conduct outreach and recruitment to unlicensed family

4 or group day care homes so that such day care homes may

5 become licensed.’’.

6 (c) INFORMATION AND TRAINING CONCERNING CHILD

7 HEALTH AND DEVELOPMENT.—Section 17(k) of such Act

8 (42 U.S.C. 1766(k)) is amended by adding at the end the

9 following new paragraph:

10 ‘‘(4) The Secretary shall encourage family or group

11 day care sponsoring organizations to provide information

12 and training concerning child health and development to

13 family or group day care homes participating in the pro14 gram under such organizations.’’.

15 (d) EXTENSION OF STATEWIDE DEMONSTRATION

16 PROJECTS.—Section 17(p) of such Act (42 U.S.C. 1766(p))

17 is amended—

18 (1) in paragraph (4)(B), by striking ‘‘1992’’ and

19 inserting ‘‘1998’’; and

20 (2) in paragraph (5), by striking ‘‘1994’’ and in21 serting ‘‘1998’’.

22 SEC. 109. 110. HOMELESS CHILDREN NUTRITION PROGRAM.

23 (a) IN GENERAL.—The National School Lunch Act (42

24 U.S.C. 1751 et seq.) is amended by inserting after section

25 17A the following new section:
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1 ‘‘SEC. 17B. HOMELESS CHILDREN NUTRITION PROGRAM.

2 ‘‘(a) IN GENERAL.—The Secretary shall conduct

3 projects designed to provide food service throughout the year

4 to homeless children under the age of 6 in emergency shel5 ters.

6 ‘‘(b) AGREEMENTS TO PARTICIPATE IN PROJECTS.—

7 ‘‘(1) IN GENERAL.—The Secretary shall enter

8 into agreements with State, city, local, or county gov9 ernments, other public entities, or private nonprofit

10 organizations to participate in the projects under this

11 section.

12 ‘‘(2) ELIGIBILITY REQUIREMENTS.—The Sec13 retary shall establish eligibility requirements for the

14 entities described in paragraph (1) that desire to par15 ticipate in the projects under this section. Such re16 quirements shall include the following:

17 ‘‘(A) Each private nonprofit organization

18 shall operate not more than 5 food service sites

19 under the project and shall serve not more than

20 300 homeless children at each such site.

21 ‘‘(B) Each site operated by each such orga22 nization shall meet applicable State and local

23 health, safety, and sanitation standards.

24 ‘‘(c) PROJECT REQUIREMENTS.—

25 ‘‘(1) IN GENERAL.—A project conducted under

26 this subsection shall—
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1 ‘‘(A) use the same meal patterns and receive

2 reimbursement payments for meals and supple3 ments at the same rates provided to child care

4 centers participating in the child care food pro5 gram under section 17 for free meals and supple6 ments; and

7 ‘‘(B) receive reimbursement payments for

8 meals and supplements served on Saturdays,

9 Sundays, and holidays, at the request of the

10 sponsor of any such project.

11 ‘‘(2) MODIFICATION.—The Secretary may modify

12 the meal pattern requirements to take into account

13 the needs of infants.

14 ‘‘(3) HOMELESS CHILDREN ELIGIBLE FOR FREE

15 MEALS WITHOUT APPLICATION.—Homeless children

16 under the age of 6 in emergency shelters shall be con17 sidered eligible for free meals without application.

18 ‘‘(d) NOTICE.—The Secretary shall advise each State

19 of the availability of the projects established under this sub20 section for States, cities, counties, local governments and

21 other public entities, and shall advise each State of the pro22 cedures for applying to participate in the project.

23 ‘‘(e) REPORT TO CONGRESS.—Not later than 1 year

24 after the date of the enactment of the Healthy Meals for

25 Healthy Children Act of 1994, the Secretary shall submit
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1 to the appropriate committees of the Congress a report that

2 includes—

3 ‘‘(1) an explanation of the actions the Secretary

4 has taken to carry out subsection (d);

5 ‘‘(2) an estimate, if practicable, of the number of

6 children living in homeless shelters who are not served

7 by projects conducted under this section; and

8 ‘‘(3) a detailed plan for expanding the projects

9 so that more eligible children may participate in such

10 projects.

11 ‘‘(f) PLAN TO ALLOW PARTICIPATION IN THE CHILD

12 AND ADULT CARE FOOD PROGRAM.—Not later than Sep13 tember 30, 1996, the Secretary shall submit to the appro14 priate committees of the Congress a plan describing how

15 emergency shelters and homeless children who have not at16 tained the age of 6 and who are served by such shelters

17 under the program might participate in the child and adult

18 care food program authorized under section 17 by Septem19 ber 30, 1998.

20 ‘‘(g) DEFINITIONS.—For purposes of this section, the

21 following definitions apply:

22 ‘‘(1) APPROPRIATE COMMITTEES OF THE CON23 GRESS.—The term ‘appropriate committees of the

24 Congress’ means the Committee on Education and

25 Labor of the House of Representatives and the Com-
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1 mittee on Agriculture, Nutrition, and Forestry of the

2 Senate.

3 ‘‘(2) EMERGENCY SHELTER.—The term ‘emer4 gency shelter’ has the meaning given such term in sec5 tion 321(2) of the Stewart B. McKinney Homeless As6 sistance Act.

7 ‘‘(h) FUNDING.—

8 ‘‘(1) IN GENERAL.—In addition to any amounts

9 made available under section 7(a)(5)(B)(i)(I) of the

10 Child Nutrition Act of 1966 (42 U.S.C.

11 1776(a)(5)(B)(i)(I)), the Secretary shall, except as

12 provided in paragraph (2), expend to carry out this

13 section from amounts appropriated for purposes of

14 carrying out this Act $3,000,000 for fiscal year 1995

15 and each succeeding fiscal year.

16 ‘‘(2) EXCEPTION.—The Secretary may expend

17 less than the amount required under paragraph (1) if

18 there is an insufficient number of suitable appli19 cants.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) NATIONAL SCHOOL LUNCH ACT.—Section 18

22 of the National School Lunch Act (42 U.S.C. 1769)

23 is amended—

24 (A) by striking subsection (c); and
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1 (B) by redesignating subsection (d) as sub2 section (c).

3 (2) CHILD NUTRITION ACT OF 1966.—Section

4 7(a)(5)(B)(i)(I) of the Child Nutrition Act of 1966

5 (42 U.S.C. 1776(a)(5)(B)(i)(I)) is amended—

6 (A) by striking ‘‘projects under section 18(c)

7 of the National School Lunch Act (42 U.S.C.

8 1769(c))’’ and inserting ‘‘projects under section

9 17B of the National School Lunch Act’’; and

10 (B) by striking ‘‘1993 and 1994’’ each place

11 it appears and inserting ‘‘1995 through 1998’’.

12 SEC. 110. 111. PILOT PROJECTS.

13 (a) COMMODITY LETTER OF CREDIT (CLOC) PRO14 GRAMS.—Section 18(b) of the National School Lunch Act

15 (42 U.S.C. 1769(b)) is amended—

16 (1) in paragraph (1)—

17 (A) in the 1st sentence, by striking ‘‘, and

18 ending September 30, 1994’’; and

19 (B) in the 2nd sentence, by striking ‘‘under

20 this subsection’’ and inserting ‘‘under this para21 graph’’; and

22 (2) by adding at the end the following new para23 graph:

24 ‘‘(3)(A) The Secretary shall establish and carry out a

25 statewide commodity letter of credit (hereafter in this para-
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1 graph referred to as ‘CLOC’) demonstration program in 1

2 State under which the Secretary provides all school districts

3 in such State commodity letters of credit in lieu of all enti4 tlement commodities for the school lunch programs of such

5 school districts.

6 ‘‘(B) The Secretary may establish and carry out the

7 statewide CLOC demonstration program under this para8 graph only in a State in which, on the date of the applica9 tion by such State to the Secretary to establish such pro10 gram, 80 percent or more of the school districts participat11 ing in the school lunch program under this Act have elected

12 to participate in the statewide CLOC demonstration pro13 gram.

14 ‘‘(C) In carrying out the statewide CLOC demonstra15 tion program, the Secretary shall provide that—

16 ‘‘(i) all commodity letters of credit be issued to

17 all school districts in the State in lieu of entitlement

18 commodities for the school lunch program beginning

19 on the first July 1st which occurs after the date of the

20 enactment of this paragraph;

21 ‘‘(ii) child care agencies and nutrition programs

22 for the elderly in the State shall be allowed to partici23 pate in the program; and
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1 ‘‘(iii) the State agencies responsible for commod2 ity distribution to child and elderly nutrition pro3 grams shall administer the program.’’.

4 (b) PROGRAM TO INCREASE OFFERINGS OF FRESH

5 FRUITS AND VEGETABLES.—Section 18 of such Act (42

6 U.S.C. 1769) is amended by adding at the end the following

7 new subsection:

8 ‘‘(d)(1) The Secretary shall establish a program begin9 ning on the first July 1st which occurs after the date of

10 the enactment of this subsection to assist schools in offering

11 greater quantities of fresh fruits and vegetables to students

12 in order to improve the overall nutritional quality of meals

13 served under the school lunch program established under

14 this Act.

15 ‘‘(2) The Secretary shall establish procedures under

16 which all schools currently participating in the school lunch

17 program established under this Act may apply to partici18 pate in the program.

19 ‘‘(3)(A) Subject to subparagraph (B), the Secretary

20 shall, for each fiscal year in which a school participates

21 in the program, provide commodity letters of credit to such

22 school in an amount equal to 10 percent of the total com23 modity entitlement of such school under section 6 for each

24 such fiscal year to be used for the purchase of fresh fruits

25 and vegetables under the program.
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1 ‘‘(B) The Secretary shall, for each fiscal year described

2 in subparagraph (A), reduce the amount of the total com3 modity entitlement of such school under section 6 by the

4 amount described in such subparagraph.’’.

5 (c) DEMONSTRATION PROGRAM TO PROVIDE MEALS

6 AND SUPPLEMENTS OUTSIDE OF SCHOOL HOURS.—Section

7 18 of such Act (42 U.S.C. 1769) (as amended by subsection

8 (b)) is further amended by adding at the end the following

9 new subsection:

10 Section 18 of the National School Lunch

11 Act (42 U.S.C. 1769) is amended by adding at

12 the end the following new subsection:

13 ‘‘(e)(1)(A) The Secretary shall establish a demonstra14 tion program to provide grants to eligible institutions or

15 schools to provide meals or supplements to adolescents par16 ticipating in educational, recreational, or other programs

17 and activities provided outside of school hours.

18 ‘‘(B) The amount of a grant under subparagraph (A)

19 shall be equal to the amount necessary to provide meals or

20 supplements described in such subparagraph and shall be

21 determined in accordance with reimbursement payment

22 rates for meals and supplements under the child and adult

23 care food program under section 17 of this Act.

24 ‘‘(2) The Secretary may not provide a grant under

25 paragraph (1) to an eligible institution or school unless
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1 such institution or school submits to the Secretary an appli2 cation containing such information as the Secretary may

3 reasonably require.

4 ‘‘(3) The Secretary may not provide a grant under

5 paragraph (1) to an eligible institution or school unless

6 such institution or school agrees that—

7 ‘‘(A) it will use amounts from such grant to pro8 vide meals or supplements under educational, rec9 reational, or other programs and activities for adoles10 cents outside of school hours, and such programs and

11 activities are carried out in geographic areas in

12 which there are high rates of poverty, violence, or

13 drug and alcohol abuse among school-aged youths;

14 and

15 ‘‘(B) it will use the same meal patterns as meal

16 patterns required under the child and adult care food

17 program under section 17 of this Act.

18 ‘‘(4) Determinations with regard to eligibility for free

19 and reduced price meals and supplements provided under

20 programs and activities under this subsection shall be made

21 in accordance with the income eligibility guidelines for free

22 and reduced price lunches under section 9 of this Act.

23 ‘‘(5)(A) Except as provided in subparagraph (B), the

24 Secretary shall expend to carry out this subsection from

25 amounts appropriated for purposes of carrying out section
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1 17 of this Act, $125,000 in each of the fiscal years 1995

2 through 1998. In addition to amounts described in the pre3 ceding the sentence, the Secretary shall expend any addi4 tional amounts in any fiscal year as may be provided in

5 advance in appropriations Acts.

6 ‘‘(B) The Secretary may expend less than the amount

7 required under subparagraph (A) if there is an insufficient

8 number of suitable applicants.

9 ‘‘(6) For the purposes of this subsection—

10 ‘‘(A) the term ‘adolescent’ means a child who has

11 attained the age of 13 but has not attained the age

12 of 19;

13 ‘‘(B) the term ‘eligible institution or school’

14 means—

15 ‘‘(i) an institution, as such term is defined

16 in section 17 of this Act; or

17 ‘‘(ii) an elementary or secondary school

18 participating in the school lunch program under

19 this Act; and

20 ‘‘(C) the term ‘outside of school hours’ means

21 after-school hours, weekends, or holidays during the

22 regular school year.’’.

23 SEC. 111. 112. REDUCTION OF PAPERWORK.

24 Section 19(a) of the National School Lunch Act (42

25 U.S.C. 1769a(a)) is amended by striking ‘‘and other agen-
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1 cies’’ and inserting ‘‘other agencies’’ and by inserting ‘‘,

2 and families of children participating in such programs’’

3 after ‘‘assisted under such Acts’’.

4 SEC. 112. 113. EXTENSION OF FOOD SERVICE MANAGEMENT

5 INSTITUTE.

6 Section 21(e)(2) of the National School Lunch Act (42

7 U.S.C. 1769b-1(e)(2)) is amended to read as follows:

8 ‘‘(2) $1,700,000 for each of the fiscal years 1995,

9 1996, 1997, and 1998 for purposes of carrying out

10 subsection (a)(2).’’.

11 SEC. 113. 114. DUTIES OF THE SECRETARY OF AGRI12 CULTURE RELATING TO NONPROCUREMENT

13 DEBARMENT UNDER CERTAIN CHILD NUTRI14 TION PROGRAMS.

15 (a) IN GENERAL.—The National School Lunch Act (42

16 U.S.C. 1751 et seq.) is amended by adding at the end the

17 following new section:

18 ‘‘SEC. 25. DUTIES OF THE SECRETARY RELATING TO

19 NONPROCUREMENT DEBARMENT.

20 ‘‘(a) PURPOSES.—The purposes of this section are to

21 promote the prevention and deterrence of instances of fraud,

22 bid rigging, and other anticompetitive activities encoun23 tered in the procurement of products for child nutrition pro24 grams by—
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1 ‘‘(1) establishing guidelines and a timetable for

2 the Secretary to initiate debarment proceedings, as

3 well as establishing mandatory debarment periods;

4 and

5 ‘‘(2) providing training, technical advice, and

6 guidance in identifying and preventing such activi7 ties.

8 ‘‘(b) DEFINITIONS.—For purposes of this section, the

9 following definitions apply:

10 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘appropriate congressional commit12 tees’ means the Committee on Education and Labor

13 and the Committee on Agriculture of the

14 House of Representatives and the Committee on Agri15 culture, Nutrition, and Forestry of the Senate.

16 ‘‘(2) CHILD NUTRITION PROGRAM.—The term

17 ‘child nutrition program’ means—

18 ‘‘(A) the school lunch program established

19 under this Act;

20 ‘‘(B) the school breakfast program estab21 lished under section 4 of the Child Nutrition Act

22 of 1966 (42 U.S.C. 1773);

23 ‘‘(C) the special milk program established

24 under section 3 of such Act (42 U.S.C. 1772);
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1 ‘‘(D) the special nutrition program for

2 women, infants, and children authorized under

3 section 17 of such Act (42 U.S.C. 1786);

4 ‘‘(E) the summer food service program for

5 children established under section 13 of this Act;

6 ‘‘(F) the child and adult care food program

7 established under section 17 of this Act; and

8 ‘‘(G) the homeless children nutrition pro9 gram under section 17B of this Act.

10 ‘‘(3) CONTRACTOR.—The term ‘contractor’ means

11 a person that contracts with a State, an agency of a

12 State, or a local agency to provide goods in conjunc13 tion with the participation of a local agency in a

14 child nutrition program.

15 ‘‘(4) LOCAL AGENCY.—The term ‘local agency’

16 means a school, school food authority, child care cen17 ter, sponsoring organization, or other entity author18 ized to operate a child nutrition program at the local

19 level.

20 ‘‘(5) NONPROCUREMENT DEBARMENT.—The term

21 ‘nonprocurement debarment’ means an action to bar

22 a person from programs and activities involving Fed23 eral financial and nonfinancial assistance, but not

24 including Federal procurement programs and activi25 ties.
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1 ‘‘(6) PERSON.—The term ‘person’ means any in2 dividual, corporation, partnership, association, or

3 other legal entity, however organized.

4 ‘‘(c) ASSISTANCE TO IDENTIFY AND PREVENT FRAUD

5 AND ANTICOMPETITIVE ACTIVITIES.—The Secretary shall—

6 ‘‘(1) in cooperation with the food service man7 agement institute authorized under section 21 and

8 with any other appropriate individual, organization,

9 or agency, provide advice, training, technical assist10 ance, and guidance (which may include awareness

11 training, training films, and troubleshooting advice)

12 to representatives of States and local agencies regard13 ing means of identifying and preventing fraud and

14 anticompetitive activities relating to the provision of

15 goods in conjunction with the participation of a local

16 agency in a child nutrition program; and

17 ‘‘(2) provide information to, and fully cooperate

18 with, the Attorney General and State attorneys gen19 eral regarding investigations of fraud and anti20 competitive activities relating to the provision of

21 goods in conjunction with the participation of a local

22 agency in a child nutrition program.

23 ‘‘(d) NONPROCUREMENT DEBARMENT.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (3), not later than 180 days after notification
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1 of the occurrence of a cause for debarment described

2 in paragraph (2), the Secretary shall initiate

3 nonprocurement debarment proceedings against the

4 contractor who has committed the cause for debar5 ment.

6 ‘‘(2) CAUSES FOR DEBARMENT.—Actions requir7 ing initiation of nonprocurement debarment pursuant

8 to paragraph (1) shall include the following:

9 ‘‘(A) A contractor commits an action or se10 ries of actions which constitute a substantial and

11 material violation of a regulation of a child nu12 trition program of the Department of Agri13 culture, as determined by the Secretary.

14 ‘‘(B) A contractor is found guilty in any

15 criminal, civil, or administrative proceeding, or

16 found liable in any civil or administrative pro17 ceeding, in connection with the supplying, pro18 viding, or selling of goods to any local agency or

19 to any Federal agency in connection with the

20 child nutrition programs, of—

21 ‘‘(i) an anticompetitive activity, in22 cluding bid-rigging, price-fixing, the alloca23 tion of customers between competitors, or

24 other violation of Federal or State antitrust

25 laws;
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1 ‘‘(ii) fraud, bribery, theft, forgery or

2 embezzlement;

3 ‘‘(iii) breach of contract;

4 ‘‘(iv) making a false claim or state5 ment; or

6 ‘‘(v) other obstruction of justice.

7 ‘‘(3) EXCEPTION.—If the Secretary determines

8 that a decision on initiating nonprocurement debar9 ment proceedings cannot be made within 180 days

10 after notification of the occurrence of a cause for de11 barment described in paragraph (2) because of the

12 need to further investigate matters relating to the pos13 sible debarment, the Secretary may have such addi14 tional time as the Secretary considers necessary to

15 make a decision, but not to exceed an additional 180

16 days.

17 ‘‘(4) MANDATORY CHILD NUTRITION PROGRAM

18 DEBARMENT PERIODS.—

19 ‘‘(A) IN GENERAL.—Subject to the other

20 provisions of this paragraph and notwithstand21 ing any other provision of law except subsection

22 (e), if, after deciding to initiate nonprocurement

23 debarment proceedings pursuant to paragraph

24 (1), the Secretary decides to debar a contractor,
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1 the debarment shall be for a period of not less

2 than 3 years.

3 ‘‘(B) PREVIOUS DEBARMENT.—If the con4 tractor has been previously debarred pursuant to

5 nonprocurement debarment proceedings initiated

6 pursuant to paragraph (1), and the cause for de7 barment is described in paragraph (2) based on

8 activities that occurred subsequent to the initial

9 debarment, the debarment shall be for a period

10 of not less than 5 years.

11 ‘‘(C) SCOPE.—At a minimum, a debarment

12 under this subsection shall serve to bar the con13 tractor for the specified period from contracting

14 to provide goods in conjunction with the partici15 pation of a local agency in a child nutrition

16 program.

17 ‘‘(D) REVERSAL, REDUCTION, OR EXCEP18 TION.—Nothing in this paragraph shall restrict

19 the ability of the Secretary to reverse a debar20 ment decision, to reduce the period or scope of a

21 debarment, nor to grant an exception permitting

22 a debarred contractor to participate in a par23 ticular contract to provide goods in conjunction

24 with the participation of a local agency in a
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1 child nutrition program, if the Secretary deter2 mines there is good cause for the action.

3 ‘‘(5) INFORMATION.—On request, the Secretary

4 shall present to the appropriate congressional com5 mittees information regarding the decisions required

6 by this subsection.

7 ‘‘(6) RELATIONSHIP TO OTHER AUTHORITIES.—

8 A debarment imposed under this section shall not re9 duce or diminish the authority of a Federal, State, or

10 local government agency or court to penalize, im11 prison, fine, suspend, debar, or take other adverse ac12 tion against a person in a civil, criminal, or admin13 istrative proceeding.

14 ‘‘(7) REGULATIONS.—The Secretary shall issue

15 such regulations as are necessary to carry out this

16 subsection.

17 ‘‘(e) MANDATORY DEBARMENT.—Notwithstanding any

18 other provision of this section, the Secretary shall initiate

19 nonprocurement debarment proceedings against the con20 tractor (including any cooperative) who has committed the

21 cause for debarment (as determined under subsection

22 (d)(2)), unless the action—

23 ‘‘(1) is likely to have a significant adverse effect

24 on competition or prices in the relevant market or na25 tionally;
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1 ‘‘(2) will interfere with the ability of a local

2 agency to procure a needed product for a child nutri3 tion program;

4 ‘‘(3) is unfair to a person, subsidiary corpora5 tion, affiliate, parent company, or local division of a

6 corporation that is not involved in the improper ac7 tivity that would otherwise result in the debarment;

8 or

9 ‘‘(4) is not in the public interest, as determined

10 by the Secretary.

11 ‘‘(f) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—

12 Prior to seeking judicial review in a court of competent ju13 risdiction, a contractor against whom a nonprocurement

14 debarment proceeding has been initiated shall—

15 ‘‘(1) exhaust all administrative procedures pre16 scribed by the Secretary; and

17 ‘‘(2) receive notice of the final determination of

18 the Secretary.

19 ‘‘(g) INFORMATION RELATING TO PREVENTION AND

20 CONTROL OF ANTICOMPETITIVE ACTIVITIES.—On request,

21 the Secretary shall present to the appropriate congressional

22 committees information regarding the activities of the Sec23 retary relating to anticompetitive activities, fraud,

24 nonprocurement debarment, and any waiver granted by the

25 Secretary under this section.’’.
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1 (b) APPLICABILITY.—Section 25(c) of the National

2 School Lunch Act (as added by subsection (a)) shall not

3 apply to a cause for debarment as described in section

4 25(d)(2) of such Act that is based on an activity that took

5 place prior to the date of enactment of this Act.

6 (c) REPORT ON CONSISTENT DEBARMENT POLICY.—

7 Not later than 120 days after the date of enactment of this

8 Act, the Secretary of Agriculture, in consultation with the

9 Director of the Office of Management and Budget, the Sec10 retary of Defense, and such other officials as the Secretary

11 of Agriculture determines are appropriate, shall advise the

12 appropriate committees of the Congress and the Comptroller

13 General of the United States as to the appropriateness and

14 usefulness of a consistent debarment policy under—

15 (1) the Federal acquisition regulations issued

16 under title 48, Code of Federal Regulations; and

17 (2) Federal nonprocurement regulations.

18 (d) NO REDUCTION IN AUTHORITY TO DEBAR OR SUS19 PEND A PERSON FROM FEDERAL FINANCIAL AND NON20 FINANCIAL ASSISTANCE AND BENEFITS.—The authority of

21 the Secretary of Agriculture that exists on the date of enact22 ment of this Act to debar or suspend a person from Federal

23 financial and nonfinancial assistance and benefits under

24 Federal programs and activities, on a government-wide
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1 basis, shall not be diminished or reduced by this Act or the

2 amendment made by subsection (a).

3 TITLE II—AMENDMENTS TO

4 CHILD NUTRITION ACT OF 1966

5 SEC. 201. SCHOOL BREAKFAST PROGRAM.

6 (a) TECHNICAL ASSISTANCE TO ENSURE COMPLIANCE

7 WITH NUTRITIONAL REQUIREMENTS.—Section 4(e)(1) of

8 the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)) is

9 amended—

10 (1) by striking ‘‘(1) Breakfasts served by schools’’

11 and inserting ‘‘(1)(A) Breakfasts served by schools’’;

12 and

13 (2) by adding at the end the following new sub14 paragraph:

15 ‘‘(B) The Secretary shall provide technical assistance

16 to those schools participating in the school breakfast pro17 gram under this section to assist such schools in complying

18 with the nutritional requirements prescribed by the Sec19 retary pursuant to subparagraph (A). The Secretary shall

20 provide additional technical assistance to those schools that

21 are having difficulty maintaining compliance with such re22 quirements.’’.

23 (b) PROMOTION OF PROGRAM.—Section 4(f)(1) of such

24 Act (42 U.S.C. 1773(f)(1)) is amended—

25 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
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1 (2) by adding at the end the following new sub2 paragraphs:

3 ‘‘(B) In cooperation with State educational agencies,

4 the Secretary shall establish a program to promote the

5 school breakfast program by—

6 ‘‘(i) marketing the program in a manner that

7 expands participation in the program by schools and

8 students; and

9 ‘‘(ii) improving public education and outreach

10 efforts in language appropriate materials that en11 hance the public image of the program.

12 ‘‘(C) For purposes of this paragraph, the term ‘lan13 guage appropriate materials’ means materials using lan14 guages other than the English language when those lan15 guages are dominant for a large percentage of individuals

16 participating in the program.’’.

17 (c) STARTUP COSTS.—

18 (1) REAUTHORIZATION.—The first sentence of

19 section 4(g)(1) of such Act (42 U.S.C. 1773(g)(1)) is

20 amended by striking ‘‘$3,000,000’’ and all that fol21 lows through ‘‘1994’’ and inserting ‘‘$5,000,000 for

22 fiscal year 1995 and each succeeding fiscal year’’.

23 (2) AMENDMENT TO DEFINITION OF ELIGIBLE

24 SCHOOL.—Section 4(g)(5) of such Act (42 U.S.C.

25 1773(g)(5)) is amended—
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1 (A) in the matter preceding subparagraph

2 (A), by inserting ‘‘and subsection (h)’’ after ‘‘As

3 used in this subsection’’; and

4 (B) in subparagraph (B), by inserting ‘‘or

5 expanded’’ after ‘‘established’’.

6 (d) EXPANSION OF PROGRAM.—Section 4 of such Act

7 (42 U.S.C. 1773) is amended by adding at the end the fol8 lowing new subsection:

9 ‘‘EXPANSION OF PROGRAMS

10 ‘‘(h)(1) The Secretary may use not more than

11 $1,000,000 of funds made available under subsection (g)(1)

12 for any fiscal year to make payments on a competitive basis

13 to State educational agencies for distribution to eligible

14 schools to assist such schools with expenses incurred in ex15 panding a school breakfast program established under this

16 section. Payments received under this subsection shall be in

17 addition to payments to which State educational agencies

18 are entitled under subsection (b).

19 ‘‘(2) In making payments under this subsection in any

20 fiscal year, the Secretary shall provide a preference to State

21 educational agencies that submit to the Secretary—

22 ‘‘(A) a plan to expand school breakfast programs

23 conducted in the State, including a description of—

24 ‘‘(i) the manner in which the agency will

25 provide technical assistance and funding to

26 schools in the State to expand the programs; or
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1 ‘‘(ii) significant public or private resources

2 that have been assembled to carry out the expan3 sion of the programs during the year; or

4 ‘‘(B) documentation of the need for—

5 ‘‘(i) equipment, including the purchase, re6 placement, or upgrading of equipment associated

7 with expanding the school breakfast program; or

8 ‘‘(ii) other needs, including a need for tem9 porary personnel, or funds to defray administra10 tive or other costs associated with expanding the

11 school breakfast program.

12 ‘‘(3) Subparagraphs (B) and (C) of subsection (g)(2),

13 and paragraphs (3) through (5) of subsection (g), shall

14 apply to payments made under this subsection.’’.

15 SEC. 202. STATE ADMINISTRATIVE EXPENSES.

16 (a) WITHHOLDING OF FUNDS FOR SERIOUS DEFI17 CIENCY IN STATE ADMINISTRATION OF PROGRAMS.—Sec18 tion 7(a) of the Child Nutrition Act of 1966 (42 U.S.C.

19 1776(a)) is amended by adding at the end the following

20 new paragraph:

21 ‘‘(9)(A) If the Secretary determines that a State’s ad22 ministration of any program under this Act (other than

23 section 17) or under the National School Lunch Act, or com24 pliance with regulations issued pursuant to such Acts, is

25 seriously deficient, and the State fails to correct the defi-
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1 ciency within a specified period of time, the Secretary may

2 withhold from the State some or all of the funds allocated

3 to the State under this section or under sections 13(k)(1)

4 or 17 of the National School Lunch Act (42 U.S.C.

5 1761(k)(1) and 1766).

6 ‘‘(B) Upon a subsequent determination by the Sec7 retary that the administration of any program referred to

8 in subparagraph (A), or compliance with the regulations

9 issued to carry out such programs, is no longer seriously

10 deficient and is operated in an acceptable manner, the Sec11 retary may allocate some or all of the funds withheld under

12 such subparagraph.’’.

13 (b) EXTENSION OF AUTHORITY TO PROVIDE FUNDS

14 FOR STATE ADMINISTRATIVE EXPENSES.—Section 7(h) of

15 such Act (42 U.S.C. 1776(h)) is amended by striking

16 ‘‘1994’’ and inserting ‘‘1998’’.

17 (c) PROHIBITION OF FUNDING UNLESS STATE AGREES

18 TO PARTICIPATE IN CERTAIN STUDIES OR SURVEYS.—Sec19 tion 7 of such Act (42 U.S.C. 1776) is amended—

20 (1) by redesignating subsection (h) (as amended

21 by subsection (b)) as subsection (i); and

22 (2) by inserting after subsection (g) the following

23 new subsection:

24 ‘‘(h) The Secretary may not provide amounts under

25 this section to a State for administrative costs incurred in
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1 any fiscal year unless the State agrees to participate in any

2 study or survey of programs authorized under this Act or

3 the National School Lunch Act and conducted by the Sec4 retary.’’.

5 SEC. 203. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.

6 (a) AMENDMENTS TO DEFINITION OF NUTRITIONAL

7 RISK.—Section 17(b)(8) of the Child Nutrition Act of 1966

8 (42 U.S.C. 1786(b)(8)) is amended—

9 (1) in subparagraph (B), by inserting ‘‘, such as

10 alcoholism or drug abuse’’ after ‘‘medical conditions’’;

11 and

12 (2) in subparagraph (D), by striking ‘‘and mi13 grancy’’ and inserting ‘‘migrancy, and pregnancy’’.

14 (b) PROMOTION OF PROGRAM.—Section 17(c) of such

15 Act (42 U.S.C. 1786(c)) is amended by adding at the end

16 the following new paragraph:

17 ‘‘(5) The Secretary shall promote the program by pro18 ducing and distributing materials, including television and

19 radio public service announcements in English and other

20 appropriate languages, that inform potentially eligible in21 dividuals of the benefits and services under the program.’’.

22 (c) PRESUMPTIVE ELIGIBILITY FOR CERTAIN PREG23 NANT WOMEN.—Section 17(d)(2) of such Act (42 U.S.C.

24 1786(d)(2)) is amended by adding at the end the following

25 new subparagraph:
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1 ‘‘(C) In the case of a pregnant woman who is otherwise

2 ineligible for participation in the program because the fam3 ily of such woman is of insufficient size to meet the income

4 eligibility standards of the program, such pregnant woman

5 shall be considered to have satisfied such income eligibility

6 standards if, by increasing the number of individuals in

7 the family of such woman by one individual, such income

8 eligibility standards would be met.’’.

9 (d) PRIORITY CONSIDERATION FOR CERTAIN MIGRANT

10 POPULATIONS.—Section 17(f)(3) of such Act (42 U.S.C.

11 1786(f)(3)) is amended by inserting before the period at the

12 end the following: ‘‘and shall ensure that local programs

13 provide priority consideration to serving migrant partici14 pants who are residing in the State for a limited period

15 of time’’.

16 (e) INCOME ELIGIBILITY GUIDELINES.—Section

17 17(f)(18) of such Act (42 U.S.C. 1786(f)(18)) is amended

18 to read as follows:

19 ‘‘(18) A State agency may implement income eligi20 bility guidelines under this section concurrently with the

21 implementation of income eligibility guidelines under the

22 medicaid program prior to, but not later than, July 1 of

23 each year.’’.

24 (f) USE OF RECOVERED PROGRAM FUNDS IN YEAR

25 COLLECTED.—Section 17(f) of such Act (42 U.S.C. 1786(f))
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1 is amended by adding at the end the following new para2 graph:

3 ‘‘(23) A State agency may use funds recovered as a

4 result of violations in the food delivery system of the pro5 gram in the year in which such funds are collected for the

6 purpose of carrying out the program.’’.

7 (g) EXTENSION OF PROGRAM.—Section 17 of such Act

8 (42 U.S.C. 1786) is amended—

9 (1) in subsection (g)(1), by striking ‘‘1991, 1992,

10 1993, and 1994’’ and inserting ‘‘1995 through 1998’’;

11 (2) in subsection (h)(2)(A), by striking ‘‘1990,

12 1991, 1992, 1993 and 1994’’ and inserting ‘‘1995

13 through 1998’’; and

14 (3) in subsection (m)(10)(A) by striking

15 ‘‘$3,000,000 for fiscal year 1992, $6,500,000 for fiscal

16 year 1993, and’’ and by inserting before the period at

17 the end ‘‘, $10,500,000 for fiscal year 1995, and such

18 sums as may be necessary for each of the fiscal years

19 1996, 1997, and 1998’’.

20 (h) USE OF FUNDS FOR TECHNICAL ASSISTANCE AND

21 RESEARCH EVALUATION PROJECTS.—Section 17(g)(5) of

22 such Act (42 U.S.C. 1786(g)(5)) is amended—

23 (1) by striking ‘‘and administration of pilot

24 projects’’ and inserting ‘‘administration of pilot

25 projects’’; and
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1 (2) by inserting at the end before the period the

2 following:‘‘, and carrying out technical assistance and

3 research evaluation projects of the programs under

4 this section’’.

5 (i) BREASTFEEDING PROMOTION AND SUPPORT AC6 TIVITIES.—Section 17(h)(3) of such Act (42 U.S.C.

7 1786(h)(3)) is amended—

8 (1) in subparagraph (A)(i)(II), by striking

9 ‘‘$8,000,000,’’ and inserting ‘‘the national minimum

10 breastfeeding promotion expenditure, as described in

11 subparagraph (E),’’; and

12 (2) by adding at the end the following new sub13 paragraph:

14 ‘‘(E) The national minimum breastfeeding promotion

15 expenditure means—

16 ‘‘(i) with respect to fiscal year 1995, the amount

17 that is equal to $21 multiplied by the number of preg18 nant women and breastfeeding women nationwide,

19 based on the average of the last 3 months for which

20 the Secretary has final data; and

21 ‘‘(ii) with respect to each of the fiscal years 1996

22 through 1998, the amount described in clause (i) ad23 justed for inflation in accordance with paragraph

24 (1)(B)(ii).’’.
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1 (j) DEVELOPMENT OF STANDARDS FOR THE COLLEC2 TION OF BREASTFEEDING DATA.—Section 17(h)(4) of such

3 Act (42 U.S.C. 1786(h)(4)) is amended—

4 (1) in subparagraph (C), by striking the ‘‘and’’

5 at the end of such subparagraph;

6 (2) in subparagraph (D), by striking the period

7 at the end and inserting ‘‘; and’’; and

8 (3) by adding at the end the following new sub9 paragraph:

10 ‘‘(E) not later than 1 year after the date of the

11 enactment of this subparagraph, develop uniform re12 quirements for the collection of data regarding inci13 dence and duration of breastfeeding among partici14 pants in the program, and upon development of such

15 uniform requirements, require each State agency to

16 report such data for inclusion in the report to Con17 gress described in section 17(d)(4).’’.

18 (k) SUBMISSION OF INFORMATION TO THE CONGRESS

19 ON WAIVERS WITH RESPECT TO PROCUREMENT OF INFANT

20 FORMULA.—Section 17(h)(8)(D)(iii) of such Act (42 U.S.C.

21 1786(h)(8)(D)(iii)) is amended by striking ‘‘at 6-month in22 tervals’’ and inserting ‘‘on a timely basis’’.

23 (l) PROHIBITION ON INTEREST LIABILITY TO FED24 ERAL GOVERNMENT ON REBATE FUNDS.—Section 17(h)(8)
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1 of such Act (42 U.S.C. 1786(h)(8)) is amended by adding

2 at the end the following new subparagraph:

3 ‘‘(L) A State will not incur an interest liability to the

4 Federal Government on rebate funds for infant formula and

5 other foods if all interest earned by the State on such funds

6 is used for program purposes.’’.

7 (m) USE OF UNSPENT NUTRITION SERVICES AND AD8 MINISTRATION FUNDS.—Section 17(h) of such Act (42

9 U.S.C. 1786(h)(8)) is amended by adding at the end the

10 following new paragraph:

11 ‘‘(10)(A) For each of the fiscal years 1995 through

12 1998, from unspent funds for nutrition services and admin13 istration from the previous fiscal year, the Secretary shall

14 use $10,000,000 for the purposes specified in subparagraph

15 (B), except that if the amount of such unspent funds is less

16 than $10,000,000 for the previous fiscal year, the amount

17 under this subparagraph shall equal the amount of such

18 funds.

19 ‘‘(B) Funds under subparagraph (A) shall be used

20 for—

21 ‘‘(i) development of infrastructure for the pro22 gram under this section, including management in23 formation systems;
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1 ‘‘(ii) special state projects of regional or national

2 significance directed toward improving the services of

3 the program under this section; and

4 ‘‘(iii) special breastfeeding support and pro5 motion projects, including projects to assess the effec6 tiveness of particular breastfeeding promotion strate7 gies and to develop State or local agency capacity or

8 facilities to provide quality breastfeeding services.’’.

9 (n) LIMITATION ON ELIGIBILITY FOR FARMERS’ MAR10 KET NUTRITION PROGRAM.—Section 17(m)(1) of such Act

11 (42 U.S.C. 1786(m)(1)) is amended by striking ‘‘, or those

12 who are on the waiting list to receive the assistance,’’.

13 (o) EXPANSION OF FARMERS’ MARKET NUTRITION

14 PROGRAM.—Section 17(m) of such Act (42 U.S.C. 1786(m))

15 is amended—

16 (1) in paragraph (5)(F)—

17 (A) in clause (i), by striking ‘‘15 percent’’

18 and inserting ‘‘17 percent’’;

19 (B) by striking clauses (ii) and (iii); and

20 (C) by inserting after clause (i) the follow21 ing new clause:

22 ‘‘(ii) During any fiscal year for which a State

23 receives assistance under this subsection, the Secretary

24 shall permit the State to use 3 percent of total pro25 gram funds for market development if the Secretary
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1 determines that the State intends to promote the de2 velopment of farmers’ markets in socially or economi3 cally disadvantaged areas or remote rural areas

4 where individuals eligible for participation in the

5 program have limited access to locally grown fruits

6 and vegetables.’’; and

7 (2) in paragraph (11)(D), by inserting before the

8 period at the end the following: ‘‘or any other agency

9 approved by the chief executive officer of the State’’.

10 (p) CONTINUED FUNDING FOR CERTAIN STATES

11 UNDER FARMERS’ MARKET NUTRITION PROGRAM.—Sec12 tion 17(m)(6)(A) of such Act (42 U.S.C. 1786(m)(6)(A)) is

13 amended to read as follows:

14 ‘‘(6)(A) The Secretary shall continue to provide fund15 ing to States which participated in the program in the most

16 recent fiscal year as prescribed by subparagraph (B) or as

17 a part of the demonstration program authorized by this

18 subsection in a fiscal year ending before October 1, 1991.

19 After satisfying the requirements of subparagraph (B), the

20 Secretary shall inform each State of the award of funds as

21 prescribed by subparagraph (G) by February 1st of each

22 year.’’.

23 (q) ADDITIONAL CONSIDERATION IN PROVIDING

24 FUNDS TO SERVE ADDITIONAL RECIPIENTS IN STATES

25 THAT RECEIVED ASSISTANCE IN THE PRIOR FISCAL YEAR
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1 UNDER FARMERS’ MARKET NUTRITION PROGRAM.—Sec2 tion 17(m)(6)(C) of such Act (42 U.S.C. 1786(m)(6)(C)) is

3 amended—

4 (1) in clause (ii), by striking ‘‘and’’ at the end

5 of such clause;

6 (2) in clause (iii), by striking the period at the

7 end of such clause and inserting ‘‘; and’’; and

8 (3) by adding at the end the following new

9 clause:

10 ‘‘(iv) the number of persons receiving assistance

11 under subsection (c) but not receiving benefits under

12 this subsection.’’.

13 (r) PERCENTAGE OF ANNUAL APPROPRIATIONS AVAIL14 ABLE TO STATES UNDER FARMERS’ MARKET NUTRITION

15 PROGRAM.—Section 17(m)(6)(G) of such Act (42 U.S.C.

16 1786(m)(6)(G)) is amended—

17 (1) in clause (i), by striking ‘‘45 to 55 percent’’

18 and inserting ‘‘75 percent’’; and

19 (2) in clause (ii), by striking ‘‘45 to 55 percent’’

20 and inserting ‘‘25 percent’’.

21 (s) ELIMINATION OF FUNDING CARRYOVER PROVISION

22 UNDER FARMERS’ MARKET NUTRITION PROGRAM.—Sec23 tion 17(m)(10)(B)(i)(II) of such Act (42 U.S.C.

24 1786(m)(10)(B)(i)(II)) is amended by striking ‘‘or may be

25 retained’’ and all that follows and inserting a period.
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1 (t) ELIMINATION OF REALLOCATION OF UNEXPENDED

2 FUNDS WITH RESPECT TO DEMONSTRATION PROJECTS

3 UNDER FARMERS’ MARKET NUTRITION PROGRAM.—Sec4 tion 17(m)(10)(B)(ii) of such Act (42 U.S.C.

5 1786(m)(10)(B)(ii)) is amended by striking the second sen6 tence.

7 (u) INITIATIVE TO PROVIDE PROGRAM SERVICES AT

8 COMMUNITY AND MIGRANT HEALTH CENTERS.—Section 17

9 of such Act (42 U.S.C. 1786) is amended by adding at the

10 end the following new subsection:

11 ‘‘(q)(1) The Secretary and the Secretary of Health and

12 Human Services (hereafter in this subsection referred to as

13 the ‘Secretaries’) shall jointly establish and carry out an

14 initiative for the purpose of providing both supplemental

15 foods and nutrition education under the special supple16 mental nutrition program and health care services to low17 income pregnant, postpartum, and breastfeeding women,

18 infants, and children at substantially more community

19 health centers and migrant health centers.

20 ‘‘(2) Such initiative shall also include—

21 ‘‘(A) activities to improve the coordination of the

22 provision of supplemental foods and nutrition edu23 cation under the special supplemental nutrition pro24 gram and health care services at facilities funded by

25 the Indian Health Service; and
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1 ‘‘(B) development and implementation of strate2 gies to ensure that, to the maximum extent feasible,

3 new health care facilities established in medically un4 derserved areas as a result of subsequent Federal

5 health care reform legislation provide supplemental

6 foods and nutrition education under the special sup7 plemental nutrition program.

8 ‘‘(3) Such initiative may include—

9 ‘‘(A) outreach and technical assistance for State

10 and local agencies and such health centers;

11 ‘‘(B) demonstration projects in selected State or

12 local areas; and

13 ‘‘(C) such other activities as the Secretaries find

14 appropriate.

15 ‘‘(4)(A) Not later than April 1, 1995, the Secretaries

16 shall prepare and submit to the Congress an initial report

17 on the actions the Secretaries intend to take to carry out

18 the initiative.

19 ‘‘(B) Not later than July 1, 1996, the Secretaries shall

20 prepare and submit to the Congress an interim report on

21 the actions the Secretaries are taking under the initiative

22 or actions the Secretaries intend to take under the initiative

23 as a result of their experience in implementing the initia24 tive.
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1 ‘‘(C) Upon completion of the initiative, the Secretaries

2 shall prepare and submit to the Congress a final report con3 taining an evaluation of the initiative and a plan to further

4 the goals of the initiative.

5 ‘‘(5) As used in this subsection—

6 ‘‘(A) the term ‘community health center’ has the

7 meaning given such term under section 330 of the

8 Public Health Service Act (42 U.S.C. 254c); and

9 ‘‘(B) the term ‘migrant health center’ has the

10 meaning given such term under section 329 of the

11 Public Health Service Act (42 U.S.C. 254b).’’.

12 (v) CHANGE IN NAME OF PROGRAM.—

13 (1) IN GENERAL.—Section 17 of such Act (42

14 U.S.C. 1786) is amended—

15 (A) by striking the section heading and in16 serting the following new section heading:

17 ‘‘SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

18 WOMEN, INFANTS, AND CHILDREN’’;

19 (B) in the first sentence of subsection (c)(1),

20 by striking ‘‘special supplemental food program’’

21 and inserting ‘‘special supplemental nutrition

22 program’’;

23 (C) in the second sentence of subsection

24 (k)(1), by striking ‘‘special supplemental food

25 program’’ each place it appears and inserting

26 ‘‘special supplemental nutrition program’’; and
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1 (D) in subsection (o)(1)(B), by striking

2 ‘‘special supplemental food program’’ and insert3 ing ‘‘special supplemental nutrition program’’.

4 (2) REFERENCES.—Any reference to the ‘‘special

5 supplemental food program’’ in any provision of law,

6 regulation, document, record, or other paper of the

7 United States shall be considered to be a reference to

8 the ‘‘special supplemental nutrition program’’.

9 SEC. 204. NUTRITION EDUCATION AND TRAINING.

10 (a) USE OF FUNDS.—Section 19(f)(1) of the Child Nu11 trition Act of 1966 (42 U.S.C. 1788(f)(1)) is amended—

12 (1) by striking ‘‘(f)(1) The funds’’ and inserting

13 ‘‘(f)(1)(A) The funds’’;

14 (2) by striking ‘‘for (A) employing’’ and insert15 ing ‘‘for—

16 ‘‘(i) employing’’;

17 (3) by redesignating subparagraphs (B) through

18 (I) as clauses (ii) through (ix), respectively;

19 (4) by indenting the margins of each of clauses

20 (ii) through (ix) (as redesignated by paragraph (3))

21 as so to align with the margin of clause (i) (as

22 amended by paragraph (2));

23 (5) by striking ‘‘and’’ at the end of clause (viii);

24 (6) by redesignating clause (ix) as clause (xvii);
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1 (7) by inserting after clause (viii) the following

2 new clauses:

3 ‘‘(ix) providing funding for a nutrition compo4 nent in the health education curriculum offered to

5 children in kindergarten through grade 12;

6 ‘‘(x) instructing teachers, school administrators,

7 or other school staff on how to promote better nutri8 tional health and to motivate children of varying lin9 guistic and cultural backgrounds to practice sound

10 eating habits;

11 ‘‘(xi) developing means of providing nutrition

12 education in language-appropriate materials to chil13 dren and families of children through after-school pro14 grams;

15 ‘‘(xii) training in relation to healthy and nutri16 tious meals;

17 ‘‘(xiii) creating instructional programming, in18 cluding language-appropriate materials and pro19 gramming, for teachers, school food service personnel,

20 and parents on the relationships between nutrition

21 and health and the role of the food guide pyramid es22 tablished by the Secretary;

23 ‘‘(xiv) funding aspects of the Strategic Plan for

24 Nutrition and Education issued by the Secretary;
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1 ‘‘(xv) increasing evaluation efforts at the State

2 level regarding needs assessment for nutrition edu3 cation efforts;

4 ‘‘(xvi) encouraging public service advertisements,

5 including language-appropriate materials and adver6 tisements, to promote healthy eating habits for chil7 dren; and’’; and

8 (8) by adding at the end the following new sub9 paragraph:

10 ‘‘(B) For purposes of this paragraph, the term ‘lan11 guage appropriate materials’ means materials using lan12 guages other than the English language when those lan13 guages are dominant for a large percentage of individuals

14 participating in the program.’’.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

16 19(i)(2)(A) of such Act (42 U.S.C. 1788(i)(2)(a)) is amend17 ed by striking ‘‘nutrition education and information pro18 grams’’ and all that follows and inserting ‘‘nutrition edu19 cation and information programs $10,300,000 for each of

20 the fiscal years 1995, 1996, 1997, and 1998.’’.

21 (c) AVAILABILITY OF FUNDS.—Section 19(i) of such

22 Act (42 U.S.C. 1788(i)) is amended—

23 (1) by redesignating paragraph (3) as para24 graph (4); and
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1 (2) by adding a new paragraph (3) to read as

2 follows:

3 ‘‘(3) Funds made available to any State under this

4 section shall remain available to the State for obligation

5 in the fiscal year succeeding the fiscal year in which such

6 funds were received by the State.’’.

7 TITLE III—MISCELLANEOUS

8 PROVISIONS

9 SEC. 301. CONSOLIDATION OF SCHOOL LUNCH PROGRAM

10 AND SCHOOL BREAKFAST PROGRAM INTO

11 COMPREHENSIVE MEAL PROGRAM.

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, the Secretary of Agriculture shall, not later

14 than 1 year after the date of the enactment of this Act, de15 velop and implement regulations to consolidate the school

16 lunch program under the National School Lunch Act (42

17 U.S.C. 1751 et seq.) and the school breakfast program under

18 section 4 of the Child Nutrition Act of 1966 (42 U.S.C.

19 1773) into a comprehensive meal program.

20 (b) REQUIREMENTS.—In establishing such comprehen21 sive meal program under subsection (a), the Secretary shall

22 meet the following requirements:

23 (1) The Secretary shall ensure that the program

24 continues to serve children who are eligible for free

25 and reduced price meals. Such meals shall meet the
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1 nutritional requirements under section 9(a)(1) of the

2 National School Lunch Act (42 U.S.C. 1758(a)(1))

3 and under section 4(e)(1) of the Child Nutrition Act

4 of 1966 (42 U.S.C. 1773(e)(1)).

5 (2) The Secretary shall continue to make break6 fast assistance payments in accordance with section 4

7 of the Child Nutrition Act of 1966 and food assistance

8 payments in accordance with the National School

9 Lunch Act.

10 (c) REPORTS.—

11 (1) INITIAL REPORT.—Prior to implementing the

12 regulations described in subsection (a), the Secretary

13 shall submit to the Congress a report containing a

14 plan for the consolidation and simplification of the

15 school lunch program and the school breakfast pro16 gram.

17 (2) REPORTS WITH RESPECT TO CHANGE IN PAY18 MENT AMOUNTS.—If the Secretary proposes to change

19 the amount of the breakfast assistance payment or the

20 food assistance payment under the comprehensive

21 meal program, the Secretary shall prepare and sub22 mit to the Congress a report containing recommenda23 tions for legislation to effect such change.
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1 SEC. 302. STUDY AND REPORT RELATING TO USE OF PRI2 VATE FOOD ESTABLISHMENTS AND CATER3 ERS UNDER SCHOOL LUNCH PROGRAM AND

4 SCHOOL BREAKFAST PROGRAM.

5 (a) STUDY.—The Comptroller General of the United

6 States, in conjunction with the Director of the Office of

7 Technology Assessment, shall conduct a study on the use

8 of private food establishments and caterers, including fast

9 food and other restaurants, by schools that participate in

10 the school lunch program under the National School Lunch

11 Act (42 U.S.C. 1751 et seq.) or the school breakfast program

12 under section 4 of the Child Nutrition Act of 1966 (42

13 U.S.C. 1773). In conducting such study, the Comptroller

14 General of the United States shall—

15 (1) examine the extent, manner, and terms under

16 which such private food establishments and caterers

17 supply meals and food to students and schools that

18 participate in the school lunch program or the school

19 breakfast program;

20 (2) determine the nutritional profile of all foods

21 provided by such establishments and caterers to stu22 dents during school hours; and

23 (3) evaluate the impact that the services provided

24 by such establishments and caterers have on the abil25 ity of local child nutrition programs to operate nutri26 tionally sound and cost-effective programs.
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1 (b) REPORT.—Not later than September 1, 1996, the

2 Comptroller General of the United States shall submit to

3 the Committee on Education and Labor and the Com4 mittee on Agriculture of the House of Representatives

5 and the Committee on Agriculture, Nutrition, and Forestry

6 of the Senate a report that contains the findings, determina7 tions, and evaluations of the study conducted pursuant to

8 subsection (a).

9 SEC. 303. REPORT RELATING TO UNIFIED ACCOUNTABILITY

10 SYSTEM UNDER NATIONAL SCHOOL LUNCH

11 ACT.

12 The Comptroller General of the United States shall

13 submit to the Committee on Education and Labor of the

14 House of Representatives and the Committee on Agri15 culture, Nutrition, and Forestry of the Senate a report that

16 analyzes—

17 (1) the status of the unified accountability sys18 tem authorized under section 22 of the National

19 School Lunch Act (42 U.S.C. 1769c);

20 (2) the advantages and disadvantages of the sys21 tem; and

22 (3) the cost impact of the system on schools.
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1 SEC. 304. AMENDMENT TO COMMODITY DISTRIBUTION RE2 FORM ACT AND WIC AMENDMENTS OF 1987.

3 Section 3(h)(3) of the Commodity Distribution Reform

4 Act and WIC Amendments of 1987 is amended by striking

5 ‘‘Hawaii,’’.

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