103D CONGRESS

2D SESSION H. R. 8

AN ACT

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

7 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Sense of the Congress.

TITLE I—AMENDMENTS TO NATIONAL SCHOOL LUNCH ACT

Sec. 101. Direct Federal expenditures.

Sec. 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. 103. Nutritional and other program requirements.

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

lunches or breakfasts.

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

Sec. 106. Miscellaneous provisions and definitions.

Sec. 107. Summer food service program for children.

Sec. 108. Commodity distribution program.

Sec. 109. Child and adult care food program.

Sec. 110. Homeless children nutrition program.
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Sec. 111. Pilot projects.

Sec. 112. Reduction of paperwork.

Sec. 113. Extension of Food Service Management Institute.

Sec. 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;

7 (2) the longer a child’s nutritional, emotional,

8 and educational needs go unmet, the greater the

9 likelihood of cognitive impairment;

10 (3) low-income children who attend school hun11 gry score significantly lower on standardized tests

12 than non-hungry low-income children; and

13 (4) supplemental nutrition programs under the

14 National School Lunch Act (42 U.S.C. 1751 et seq.)
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1 and the Child Nutrition Act of 1966 (42 U.S.C.

2 1771 et seq.) can help to offset threats posed to a

3 child’s capacity to learn and perform in school which

4 results from inadequate nutrient intake.

5 SEC. 3. SENSE OF THE CONGRESS.

6 It is the sense of the Congress that—

7 (1) funds should be made available for child nu8 trition programs to remove barriers to the participa9 tion of needy children in the school lunch program,

10 school breakfast program, summer food service pro11 gram for children, and the child and adult care food

12 program under the National School Lunch Act (42

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

14 1966 (42 U.S.C. 1771 et seq.);

15 (2) the Secretary of Agriculture should take ac16 tions to further strengthen the efficiency of child nu17 trition programs by streamlining administrative re18 quirements to reduce the administrative burden on

19 participating schools and other meal providers; and

20 (3) as a part of efforts to continue to serve nu21 tritious meals to youths in the United States and to

22 educate the general public regarding health and nu23 trition issues, the Secretary of Agriculture should

24 take actions to coordinate the nutrition education ef25 forts of all nutrition programs.
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1 TITLE I—AMENDMENTS TO

2 NATIONAL SCHOOL LUNCH ACT

3 SEC. 101. DIRECT FEDERAL EXPENDITURES.

4 (a) PURCHASE OF FRESH FRUITS AND VEGETA5 BLES.—Section 6(a) of the National School Lunch Act (42

6 U.S.C. 1755(a)) is amended—

7 (1) in the second sentence, by striking ‘‘Any

8 school’’ and inserting ‘‘Except as provided in the

9 next two sentences, any school’’; and

10 (2) by inserting after the second sentence the

11 following new sentences: ‘‘Any school may refuse

12 some or all of the fresh fruits and vegetables offered

13 to such school in any school year and may receive

14 in lieu thereof any other commodities for such school

15 year if (1) such school purchases fresh fruits and

16 vegetables for such school year which are at least

17 equal in value to the fresh fruits and vegetables re18 fused by such school; and (2) the fresh fruits and

19 vegetables purchased under paragraph (1) are in ad20 dition to any purchase of fresh fruits and vegetables

21 that would otherwise have been made by such school

22 for such school year. The value of any fresh fruits

23 and vegetables refused by a school under the preced24 ing sentence for a school year shall not be included

25 in the calculation to determine the 20 percent of the
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1 total value of agricultural commodities and other

2 foods tendered to such school in such school year

3 under the second sentence of this subsection.’’.

4 (b) REQUIREMENT OF MINIMUM PERCENTAGE OF

5 COMMODITY ASSISTANCE.—Section 6 of such Act (42

6 U.S.C. 1755) is amended by adding at the end the follow7 ing new subsection:

8 ‘‘(g)(1) Subject to paragraph (2), in each school year

9 the Secretary shall ensure that not less than 12 percent

10 of the assistance provided under section 4, this section,

11 and section 11 of this Act shall be in the form of commod12 ities provided under this section.

13 ‘‘(2) If amounts available to carry out the require14 ments of the sections described in paragraph (1) are insuf15 ficient to meet the requirement contained in such para16 graph for a school year, the Secretary shall, to the extent

17 necessary, use the authority provided under section 14(a)

18 of this Act to meet such requirement for such school

19 year.’’.
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1 SEC. 102. TECHNICAL ASSISTANCE TO ENSURE COMPLI2 ANCE WITH NUTRITIONAL REQUIREMENTS

3 UNDER THE SCHOOL LUNCH PROGRAM, THE

4 SUMMER FOOD SERVICE PROGRAM FOR

5 CHILDREN, AND THE CHILD AND ADULT

6 CARE FOOD PROGRAM.

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

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

9 is amended—

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

11 and inserting ‘‘(1)(A) Lunches 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 lunch program

17 under this Act to assist such schools in complying with

18 the nutritional requirements prescribed by the Secretary

19 pursuant to subparagraph (A). The Secretary shall pro20 vide additional technical assistance to those schools that

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

23 (b) SUMMER FOOD SERVICE PROGRAM FOR CHIL24 DREN.—Section 13(f) of such Act (42 U.S.C. 1761(f)) is

25 amended—
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1 (1) by adding after the first sentence the follow2 ing new sentences: ‘‘The Secretary shall provide

3 technical assistance to service institutions and pri4 vate nonprofit organizations participating in the pro5 gram to assist such institutions and organizations in

6 complying with the nutritional requirements pre7 scribed by the Secretary pursuant to this subpara8 graph. The Secretary shall provide additional tech9 nical assistance to those service institutions and pri10 vate nonprofit organizations that are having dif11 ficulty maintaining compliance with such require12 ments.’’; and

13 (2) in the fourth sentence (as amended by para14 graph (1)), by striking ‘‘Such meals’’ and inserting

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

16 (c) CHILD AND ADULT CARE FOOD PROGRAM.—Sec17 tion 17(g)(1) of such Act (42 U.S.C. 1766(g)(1)) is

18 amended—

19 (1) by striking ‘‘(1) Meals served by institu20 tions’’ and inserting ‘‘(1)(A) Meals served by institu21 tions’’; and

22 (2) by adding at the end the following new sub23 paragraph:

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

25 to those institutions participating in the program under
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1 this section to assist such institutions and family or group

2 day care home sponsoring organizations in complying with

3 the nutritional requirements prescribed by the Secretary

4 pursuant to subparagraph (A). The Secretary shall pro5 vide additional technical assistance to those institutions

6 and family or group day care home sponsoring organiza7 tions that are having difficulty maintaining compliance

8 with such requirements.’’.

9 SEC. 103. NUTRITIONAL AND OTHER PROGRAM REQUIRE10 MENTS.

11 (a) MINIMUM NUTRITIONAL REQUIREMENTS BASED

12 ON WEEKLY AVERAGE OF NUTRIENT CONTENT OF

13 SCHOOL LUNCHES.—Section 9(a)(1)(A) of the National

14 School Lunch Act (42 U.S.C. 1758(a)(1)(A)) (as amended

15 by section 102(a)) is further amended—

16 (1) by striking ‘‘; except that such minimum

17 nutritional requirements’’ and inserting ‘‘, except

18 that—

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

20 (2) by striking the period at the end and insert21 ing ‘‘; and’’; and

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

23 clause:
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1 ‘‘(ii) such minimum nutritional requirements

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

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

4 (b) NUTRITIONAL REQUIREMENTS RELATING TO

5 PROVISION OF MILK.—Section 9(a)(2) of such Act (42

6 U.S.C. 1758(a)(2)) is amended to read as follows:

7 ‘‘(2) Lunches served by schools participating in the

8 school lunch program under this Act—

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

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

11 consistent with prior year demonstrated preferences

12 unless the prior year preference for any such variety

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

14 consumed at the school.’’.

15 (c) INCREASED FLEXIBILITY RELATING TO USE OF

16 INFORMATION SUBMITTED TO DETERMINE ELIGIBILITY

17 UNDER PROGRAMS UNDER NATIONAL SCHOOL LUNCH

18 ACT AND CHILD NUTRITION ACT OF 1966.—Section

19 9(b)(5) of such Act (42 U.S.C. 1758(b)(5)) is amended

20 by adding at the end the following new sentences: ‘‘Except

21 as provided in the next sentence, a local agency responsible

22 for administering programs under this Act or the Child

23 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall use

24 information submitted for the purpose of receiving bene25 fits under such programs only for the purpose of determin-
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1 ing eligibility for such benefits. Such local agency may use

2 such eligibility determination to demonstrate the eligibility

3 for benefits under other Federal, State, or local means4 tested nutrition programs with comparable eligibility

5 standards.’’.

6 (d) AUTOMATIC ELIGIBILITY OF HEAD START PAR7 TICIPANTS.—

8 (1) IN GENERAL.—The National School Lunch

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

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

11 1758(b)(6)(A))—

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

13 by striking ‘‘a member of’’;

14 (ii) in clause (i)—

15 (I) by inserting ‘‘a member of’’

16 after ‘‘(i)’’; and

17 (II) by striking ‘‘or’’ at the end

18 of the clause;

19 (iii) in clause (ii)—

20 (I) by inserting ‘‘a member of’’

21 after ‘‘(ii)’’; and

22 (II) by striking the period at the

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

24 and
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1 (iv) by adding at the end the following

2 new clause:

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

4 program authorized under the Head Start Act (42

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

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

7 the low-income criteria prescribed under section

8 645(a)(1)(A) of the Head Start Act (42 U.S.C.

9 9840(a)(1)(A)).’’;

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

11 1758(b)(6)(B)), by striking ‘‘food stamps or aid

12 to families with dependent children’’ and insert13 ing ‘‘food stamps, aid to families with depend14 ent children, or enrollment or participation in

15 the Head Start program on the basis described

16 in subparagraph (A)(iii)’’; and

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

18 by adding at the end the following new para19 graph:

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

21 for benefits under this section without further application

22 or eligibility determination, if the child is enrolled as a

23 participant in a Head Start program authorized under the

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

25 of a determination that the child is a member of a family
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1 that meets the low-income criteria prescribed under sec2 tion 645(a)(1)(A) of the Head Start Act (42 U.S.C.

3 9840(a)(1)(A)).’’.

4 (2) EFFECTIVE DATE.—The amendments made

5 by paragraph (1) shall take effect on October 1,

6 1995.

7 (e) DOCUMENTATION OF PRODUCTION PLANS.—Sec8 tion 9 of such Act (42 U.S.C. 1758) is amended by adding

9 at the end the following new subsection:

10 ‘‘(f)(1) The Secretary shall clarify that the primary

11 need for documentation of production plans is to serve as

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

13 program meet the nutrient needs of the children to be

14 served under such program. The State shall determine

15 whether existing records are adequate to ensure that the

16 objective of the preceding sentence is met.

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

18 controls in developing a claim for reimbursement under

19 the school lunch program.’’.

20 (f) SEAFOOD PRODUCTION REQUIREMENTS.—Sec21 tion 9 of such Act (42 U.S.C. 1758) (as amended by sub22 section (e)) is further amended by adding at the end the

23 following new subsection:
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1 ‘‘(g)(1) The Secretary shall purchase fish and fish

2 products for distribution under section 14 only if such fish

3 and fish products are—

4 ‘‘(A) produced in compliance with the continu5 ous official establishment and product inspection of

6 the National Marine Fisheries Service; or

7 ‘‘(B) produced in compliance with the hazard

8 analysis critical control point requirements promul9 gated by the Secretary of Health and Human Serv10 ices, beginning on the date of the implementation of

11 such requirements.

12 ‘‘(2) Beginning on and after the date of the imple13 mentation of the requirements described in paragraph

14 (1)(B), the Secretary shall ensure that fish and fish prod15 ucts purchased by schools participating in the school lunch

16 program are produced in compliance with such require17 ments.’’.

18 SEC. 104. SPECIAL ASSISTANCE FOR SCHOOLS ELECTING

19 TO SERVE ALL CHILDREN FREE LUNCHES OR

20 BREAKFASTS.

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

22 (42 U.S.C. 1759a(a)(1)) is amended—

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

24 inserting ‘‘(a)(1)(A) Except as provided’’;
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1 (2) in the second sentence, by striking ‘‘In the

2 case of’’ and inserting—

3 ‘‘(B) In the case of’’;

4 (3) in the third sentence—

5 (A) by striking ‘‘In the case of’’ and in6 serting—

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

8 of’’; and

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

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

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

12 clause:

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

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

15 that school free lunches under the school lunch program

16 in accordance with clause (i), special assistance payments

17 shall be paid to the State educational agency with respect

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

19 such school during a period of five consecutive years in

20 accordance with such clause.

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

22 during which the school served free lunches to all children

23 in such school in accordance with clause (i) shall count

24 toward the 5-year period described in division (aa).
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1 ‘‘(cc) The State may grant an extension to such

2 schools at the end of such 3-year period, only if the State

3 determines, through available socioeconomic data ap4 proved by the Secretary, that the income level of the popu5 lation of the school has remained stable. The State may

6 further use such data in subsequent 5-year periods to en7 sure that the income level of the population of the school

8 has remained stable.

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

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

11 such subclause for the purpose of continuing to receive

12 special assistance payments in accordance with such

13 subclause for additional 5-year periods.’’; and

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

15 new subparagraph:

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

17 all children in that school free lunches under the school

18 lunch program during any period of 4 successive years,

19 or in the case of a school that serves both lunches and

20 breakfasts, elects to serve all children in that school free

21 lunches and free breakfasts under the school lunch pro22 gram and the school breakfast program during any period

23 of 4 successive years and (ii) pays, from sources other

24 than Federal funds, for the costs of serving such lunches

25 or breakfasts, as the case may be, which are in excess of
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1 the value of assistance received under this Act and the

2 Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) with

3 respect to the number of lunches or breakfasts served dur4 ing that period, total Federal cash reimbursements and

5 total commodity assistance shall be provided to the State

6 educational agency with respect to such school at a level

7 equal to the total Federal cash reimbursements and total

8 commodity assistance received by the school in the pre9 vious year, adjusted annually for changes in inflation in

10 accordance with paragraph (3)(B) and for changes in en11 rollment, to carry out the purposes of the school lunch

12 or school breakfast programs. The State may grant a re13 newal of the authority under the preceding sentence to

14 such schools at the end of such 4-year period, if the State

15 determines, through available socioeconomic data ap16 proved by the Secretary, that the income level of the popu17 lation of the school has remained consistent with the in18 come level of the population of the school in the year upon

19 which the total Federal reimbursement is based.’’.

20 SEC. 105. ESTABLISHMENT OF UNIVERSAL SCHOOL LUNCH

21 AND BREAKFAST PILOT PROGRAM.

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

23 (42 U.S.C. 1751 et seq.) is amended by inserting after

24 section 11 the following new section:
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1 ‘‘SEC. 11A. UNIVERSAL SCHOOL LUNCH AND BREAKFAST

2 PILOT PROGRAM.

3 ‘‘(a) IN GENERAL.—

4 ‘‘(1) ESTABLISHMENT.—Subject to the avail5 ability of appropriations to carry out this section,

6 the Secretary shall establish a universal school lunch

7 and breakfast pilot program (in this section referred

8 to as the ‘pilot program’).

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

10 consist of school lunch and breakfast service offered

11 without cost to all students in attendance at partici12 pating schools that wish to participate in a manner

13 consistent with the requirements otherwise applica14 ble to the school lunch program under this Act and

15 to the school breakfast program under section 4 of

16 the Child Nutrition Act of 1966.

17 ‘‘(3) ELIGIBILITY.—A school shall be eligible to

18 participate in the pilot program if the school meets

19 the following requirements:

20 ‘‘(A) At least 30 percent of all students

21 participating in the school lunch program at the

22 school are students who qualify for free or re23 duced price lunches.

24 ‘‘(B) At least 30 percent of all students

25 participating in the school breakfast program at
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1 the school are students who qualify for free or

2 reduced price breakfasts.

3 ‘‘(b) APPLICATION.—

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

5 the pilot program only if such school submits to the

6 Secretary an application containing such information

7 as the Secretary may reasonably require.

8 ‘‘(2) CONTENTS.—Such application shall con9 tain a plan describing—

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

11 recent prior year reimbursement amount re12 ceived under the school lunch program and the

13 school breakfast program (adjusted for inflation

14 and enrollment) that the school would need

15 from the Federal government to provide free

16 lunches and breakfasts under the pilot program;

17 and

18 ‘‘(B) the funding, if any, the school will re19 ceive from non-Federal sources to provide free

20 lunches and breakfasts under the pilot program.

21 ‘‘(c) UNIVERSAL PAYMENT RATE.—

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

23 and (4), in lieu of receiving the national average

24 payment per lunch determined under section 4 and

25 section 11, and the national average payment per
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1 breakfast determined under section 4 of the Child

2 Nutrition Act of 1966, each school participating in

3 the universal program shall receive the universal

4 payment rates determined under paragraph (2) for

5 each lunch and breakfast served under the program.

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

7 (3), the Secretary shall establish the universal pay8 ment rates for purposes of this section. Such rates

9 shall be equal to the national average cost of produc10 ing a school lunch, and the national average cost of

11 producing a school breakfast, respectively, as deter12 mined by the Secretary. In making the determina13 tion required by the preceding sentence, the Sec14 retary shall establish a maximum amount that can

15 be charged to a participating school food service au16 thority for indirect expenses.

17 ‘‘(3) COMMODITIES.—(A) Except as provided in

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

19 program shall receive commodities in an amount

20 equal to the amount the school received in the prior

21 year under the school lunch program under this Act

22 and under the school breakfast program under sec23 tion 4 of the Child Nutrition Act of 1966, adjusted

24 for inflation and fluctuations in enrollment.
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1 ‘‘(B) Commodities required for the pilot pro2 gram in excess of the amount of commodities re3 ceived by the school in the prior year under the

4 school lunch program and the school breakfast pro5 gram may be funded from amounts appropriated to

6 carry out this section.

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

8 as provided in subparagraph (B), a school partici9 pating in the pilot program shall receive a total Fed10 eral reimbursement under the school lunch program

11 and school breakfast program in an amount equal to

12 the Federal reimbursement rate for the school in the

13 prior year under each such program (adjusted for

14 inflation and fluctuations in enrollment).

15 ‘‘(B) Funds required for the pilot program in

16 excess of the level of reimbursement received by the

17 school in the prior year (adjusted for inflation and

18 fluctuations in enrollment) may be taken from any

19 non-Federal source or from amounts appropriated to

20 carry out this section. If funds required in addition

21 to funds under subparagraph (A) are not available

22 from non-Federal sources and no appropriations are

23 made for the pilot program, schools may not partici24 pate in the program.
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1 ‘‘(d) COMPETITIVE FOODS POLICY.—A school par2 ticipating in the pilot program may sell competitive foods

3 under regulations issued by the Secretary.

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

5 AND BREAKFAST SERVICE WITHOUT COST.—Notwith6 standing any other provision of law, the Secretary may

7 not waive the requirement that the school will provide

8 lunch and breakfast service without cost to all students

9 at the school under the pilot program.

10 ‘‘(f) REPORTS.—

11 ‘‘(1) REPORTS TO THE SECRETARY.—The Sec12 retary shall require each school participating in the

13 pilot program to submit to the Secretary a report

14 containing the following information:

15 ‘‘(A) A comparison of the participation

16 rate of all students at the school in the pilot

17 program to the participation of students under

18 the school lunch program and the school break19 fast program.

20 ‘‘(B) A comparison of the quality of meals

21 served under the pilot program to the quality of

22 meals served under the school lunch program

23 and the school breakfast program.

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

25 students, parents, and administrators.
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1 ‘‘(D) The participation rate in the pilot

2 program of students who otherwise would be el3 igible for free and reduced price lunches and

4 breakfasts under the school lunch program or

5 the school breakfast program.

6 ‘‘(E) A comparison of the amount of ad7 ministrative costs under the program with the

8 amount of administrative costs under the school

9 lunch and school breakfast programs.

10 ‘‘(F) The reduction in paperwork under

11 the pilot program from the amount of paper12 work under the school lunch and school break13 fast programs at the school.

14 ‘‘(2) REPORTS TO THE CONGRESS.—

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

16 September 30, 1997, the Secretary shall submit

17 to the Congress an interim report containing—

18 ‘‘(i) a compilation of the information

19 received by the Secretary under paragraph

20 (1) as of this date from each school par21 ticipating in the pilot program; and

22 ‘‘(ii) an interim evaluation of the pro23 gram by the Secretary.
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1 ‘‘(B) FINAL REPORT.—Not later than Sep2 tember 30, 1998, the Secretary shall submit to

3 the Congress a final report containing—

4 ‘‘(i) a compilation of the information

5 received by the Secretary under paragraph

6 (1) as of this date from each school par7 ticipating in the pilot program; and

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

9 by the Secretary.

10 ‘‘(g) SELECTION REQUIREMENT.—To the extent

11 practicable, the Secretary shall select schools to partici12 pate in the pilot program in a manner which will provide

13 for an equitable distribution among the following types of

14 schools:

15 ‘‘(1) Urban and rural schools.

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

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

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

19 are authorized to be appropriated to carry out this section

20 $15,000,000 for each of the fiscal years 1995 through

21 1998.’’.

22 (b) EFFECTIVE DATE.—The Secretary of Agriculture

23 shall issue regulations to carry out section 11A of the Na24 tional School Lunch Act (as added by subsection (a) of
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1 this section) that provide for the implementation of such

2 section not later than July 1, 1995.

3 SEC. 106. MISCELLANEOUS PROVISIONS AND DEFINITIONS.

4 (a) TECHNICAL AMENDMENT TO DEFINITION OF

5 SCHOOL.—

6 (1) IN GENERAL.—Section 12(d)(5) of the Na7 tional School Lunch Act (42 U.S.C. 1760(d)(5)) is

8 amended—

9 (A) in the first sentence—

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

11 at the end of such clause;

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

13 and inserting a period; and

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

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

16 clauses (A) and (B)’’.

17 (2) EFFECTIVE DATE.—The amendments made

18 by paragraph (1) shall take effect on October 1,

19 1995.

20 (b) REIMBURSEMENT FOR MEALS, SUPPLEMENTS,

21 AND MILK UNDER CERTAIN PROGRAMS CONTINGENT

22 UPON TIMELY SUBMISSION OF CLAIMS AND FINAL PRO23 GRAM OPERATIONS REPORT.—Section 12 of such Act (42

24 U.S.C. 1760) is amended by adding at the end the follow25 ing new subsection:
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1 ‘‘(j)(1) Except as provided in paragraph (2), the Sec2 retary may provide reimbursements for final claims for

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

4 agencies by eligible schools, summer camps, family day

5 care homes, institutions, and service institutions only if—

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

7 State agencies not later than 60 days after the last

8 day of the month for which the reimbursement is

9 claimed; and

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

11 such month is submitted to the Secretary not later

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

13 ‘‘(2) The Secretary may waive the requirements con14 tained in paragraph (1) at the discretion of the Sec15 retary.’’.

16 (c) REQUIREMENT OF NEGOTIATED RULEMAKING

17 PROCESS IN ISSUING REGULATIONS UNDER THE NA18 TIONAL SCHOOL LUNCH ACT AND THE CHILD NUTRITION

19 ACT OF 1966.—Section 12 of such Act (42 U.S.C. 1760)

20 (as amended by subsection (b)) is further amended by

21 adding at the end the following new subsection:

22 ‘‘(k)(1) The Secretary is authorized to issue such reg23 ulations as are necessary to reasonably ensure that there

24 is compliance with this Act and the Child Nutrition Act

25 of 1966 (42 U.S.C. 1771 et seq.).
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1 ‘‘(2)(A) Prior to publishing proposed regulations in

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

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

4 the special supplemental nutrition program under section

5 17 of such Act), the Secretary shall obtain the advice and

6 recommendations of representatives of Federal, State, and

7 local school administrators, school food service administra8 tors, other school food service personnel, parents, teachers,

9 industry representatives, public interest anti-hunger orga10 nizations, doctors specializing in pediatric nutrition, and

11 nutritionists involved with the implementation and oper12 ation of programs under this Act and the Child Nutrition

13 Act of 1966.

14 ‘‘(B) Such advice and recommendations may be ob15 tained through such mechanisms as regional meetings and

16 electronic exchanges of information. The Secretary shall

17 take into account such information in the development of

18 proposed regulations and shall publish a summary of such

19 information in the Federal Register together with such

20 proposed regulations.

21 ‘‘(C) After obtaining such advice and recommenda22 tions, and prior to publishing proposed regulations, the

23 Secretary shall—

24 ‘‘(i) establish a negotiated rulemaking process

25 on issues, including—
27

•HR 8 EH

1 ‘‘(I) nutrition requirements and their im2 plementation; and

3 ‘‘(II) program compliance and accountabil4 ity requirements;

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

6 process from among individuals or groups which pro7 vided advice and recommendations, with representa8 tion from all geographic regions (to the extent pos9 sible, the Secretary shall select individuals reflecting

10 the diversity in the program, including representa11 tives of both large and small programs, as well as

12 individuals serving urban and rural areas); and

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

14 that shall be provided to the individuals selected by

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

16 prior to the first meeting under such process.

17 ‘‘(D) Such process—

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

19 ensure that final regulations are issued by the Sec20 retary not later than 240 days after the date of the

21 enactment of the Healthy Meals for Healthy Ameri22 cans Act of 1994; and

23 ‘‘(ii) shall not be subject to the Federal Advi24 sory Committee Act but shall otherwise follow the
28

•HR 8 EH

1 provisions of the Negotiated Rulemaking Act of

2 1990 (5 U.S.C. 561 et seq.).

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

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

5 (42 U.S.C. 1771 et seq.) must be issued with a very lim6 ited time to assist State and local educational agencies

7 with the operation of the program, the Secretary may

8 issue proposed regulations without following such process

9 but shall, immediately thereafter and prior to issuing final

10 regulations, conduct regional meetings to review such pro11 posed regulations.’’.

12 (d) AUTHORITY OF SECRETARY TO WAIVE STATU13 TORY AND REGULATORY REQUIREMENTS UNDER THE

14 NATIONAL SCHOOL LUNCH ACT AND THE CHILD NUTRI15 TION ACT OF 1966.—Section 12 of such Act (42 U.S.C.

16 1760) (as amended by subsections (b) and (c)) is further

17 amended by adding at the end the following new sub18 section:

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

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

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

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

23 a waiver if—

24 ‘‘(i) the Secretary determines that the waiver of

25 such requirement would facilitate the ability of the
29

•HR 8 EH

1 State or eligible service provider to carry out the

2 purpose of the program;

3 ‘‘(ii) a State or eligible service provider has pro4 vided notice and information to the public regarding

5 the proposed waiver; and

6 ‘‘(iii) the State or eligible service provider dem7 onstrates to the satisfaction of the Secretary that

8 such waiver will not increase the overall cost of the

9 program to the Federal government, and, if such

10 waiver does increase such overall cost to the Federal

11 government, such cost will be paid from non-Federal

12 funds.

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

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

15 provider customarily provides similar notices and informa16 tion to the public.

17 ‘‘(2)(A) To request a waiver, a State or eligible serv18 ice provider shall submit an application to the Secretary

19 that—

20 ‘‘(i) identifies the statutory or regulatory re21 quirements that are requested to be waived;

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

23 describes actions, if any, that the State has under24 taken to remove State statutory or regulatory bar25 riers;
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•HR 8 EH

1 ‘‘(iii) describes the goal of the waiver to im2 prove services under the program and the expected

3 outcomes if the waiver is granted;

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

5 to the efficient operation and administration of the

6 program;

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

8 achieved, such as fewer hours devoted to or fewer

9 number of personnel involved in the administration

10 of the program;

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

12 waiver; and

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

14 service provider will use to monitor the progress in

15 implementing the waiver, including the process for

16 monitoring the cost implications of the waiver to the

17 Federal government.

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

19 shall be developed by the State or eligible service provider

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

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

22 request contained in an application submitted under para23 graph (2) and shall either grant or deny such request. The

24 Secretary shall state in writing the reasons for granting

25 or denying such request.
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•HR 8 EH

1 ‘‘(B) If the Secretary grants a waiver request, the

2 Secretary shall state in writing the expected outcome of

3 granting such a waiver.

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

5 be disseminated by the State or eligible service provider

6 to interested parties, including educators, parents, stu7 dents, advocacy and civil rights organizations, other inter8 ested parties, and the public.

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

10 granted by the Secretary shall be for a period not to ex11 ceed three years.

12 ‘‘(ii) The Secretary may extend such period if the

13 Secretary determines that the waiver has been effective

14 in enabling the State or eligible service provider to carry

15 out the purposes of the program.

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

17 paragraph (3) of any requirement relating to—

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

19 ‘‘(B) Federal reimbursement rates;

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

21 meals;

22 ‘‘(D) offer versus serve provisions;

23 ‘‘(E) limits on the price charged for a reduced

24 price meal;

25 ‘‘(F) maintenance of effort;
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•HR 8 EH

1 ‘‘(G) equitable participation of children in pri2 vate schools;

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

4 school food service authorities;

5 ‘‘(I) prohibiting the disclosure of information

6 relating to students receiving free or reduced price

7 meals;

8 ‘‘(J) prohibiting the operation of a profit pro9 ducing program;

10 ‘‘(K) the sale of competitive foods;

11 ‘‘(L) the commodity distribution program under

12 section 14 of this Act; and

13 ‘‘(M) enforcement of any constitutional or stat14 utory right of an individual, including any right

15 under—

16 ‘‘(i) title VI of the Civil Rights Act of

17 1964;

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

19 of 1973;

20 ‘‘(iii) title IX of the Education Amend21 ments of 1972;

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

23 and

24 ‘‘(v) the Americans with Disabilities Act of

25 1990.
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•HR 8 EH

1 ‘‘(5) The Secretary shall periodically review the per2 formance of any State or eligible service provider for which

3 the Secretary has granted a waiver and shall terminate

4 the waiver if the performance of the State or service pro5 vider has been inadequate to justify a continuation of the

6 waiver. The Secretary shall terminate the waiver if, after

7 periodic review, the Secretary determines that the waiver

8 has resulted in increased Federal spending and such in9 creased Federal spending has not been paid for in accord10 ance with paragraph (1)(A)(iii).

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

12 a waiver under this section shall annually submit to the

13 State a report that—

14 ‘‘(I) describes the use of such waiver by the eli15 gible service provider; and

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

17 improved services to children served by the program

18 for which the waiver was requested.

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

20 a report that summarizes all reports received by the State

21 from eligible service providers.

22 ‘‘(B) The Secretary shall annually submit to the

23 Committee on Education and Labor of the House of Rep24 resentatives and the Committee on Agriculture, Nutrition,

25 and Forestry of the Senate, a report—
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•HR 8 EH

1 ‘‘(i) summarizing the use of waivers by the

2 State and eligible service providers;

3 ‘‘(ii) describing whether such waivers resulted

4 in improved services to children;

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

6 providing nutritional meals to participants; and

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

8 amount of paperwork necessary to administer the

9 program.

10 ‘‘(7) For purposes of this subsection, the term ‘eligi11 ble service provider’ means—

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

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

14 organization described under section 13 of this Act;

15 or

16 ‘‘(C) a family or group day care home sponsor17 ing organization described under section 17 of this

18 Act.’’.

19 SEC. 107. SUMMER FOOD SERVICE PROGRAM FOR CHIL20 DREN.

21 (a) PRIORITY REQUIREMENTS FOR DETERMINING

22 PARTICIPATION OF CERTAIN ELIGIBLE SERVICE INSTITU23 TIONS.—Section 13(a)(4) of the National School Lunch

24 Act (42 U.S.C. 1761(a)(4)) is amended by striking sub-
35

•HR 8 EH

1 paragraphs (A) through (F) and inserting the following

2 new subparagraphs:

3 ‘‘(A) Local schools.

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

5 nonprofit organizations eligible under paragraph (7)

6 that have demonstrated successful program perform7 ance in a prior year.

8 ‘‘(C) Other service institutions and private non9 profit organizations eligible under paragraph (7).’’.

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

11 RESPECT TO PARTICIPATION OF PRIVATE NONPROFIT

12 ORGANIZATIONS IN CERTAIN AREAS UNDER THE PRO13 GRAM.—Section 13(a)(7) of such Act (42 U.S.C.

14 1761(a)(7)) is amended by striking subparagraph (C) of

15 such section.

16 (c) ELIMINATION OF WARNING IN PRIVATE NON17 PROFIT ORGANIZATION APPLICATION RELATING TO

18 CRIMINAL PROVISIONS AND RELATED MATTERS.—Sec19 tion 13(q) of such Act (42 U.S.C. 1761(q)) is amended—

20 (1) by striking paragraph (2);

21 (2) by redesignating paragraphs (3) through

22 (5) 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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•HR 8 EH

1 (d) EXTENSION OF PROGRAM.—Section 13(r) of such

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

3 and inserting ‘‘1998’’.

4 SEC. 108. COMMODITY DISTRIBUTION PROGRAM.

5 Section 14 of the National School Lunch Act (42

6 U.S.C. 1762a) is amended—

7 (1) in subsection (a), by striking ‘‘1994’’ and

8 inserting ‘‘1998’’; and

9 (2) in subsection (b)—

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

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

12 paragraphs:

13 ‘‘(2) The Secretary shall maintain and continue to

14 improve the overall nutritional quality of entitlement com15 modities provided to schools to assist the schools in im16 proving the nutritional content of meals.

17 ‘‘(3) The Secretary shall—

18 ‘‘(A) require that nutritional content informa19 tion labels be placed on packages or shipments of

20 entitlement commodities provided to the schools; or

21 ‘‘(B) otherwise provide nutritional content in22 formation regarding the commodities provided to the

23 schools.’’.
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•HR 8 EH

1 SEC. 109. CHILD AND ADULT CARE FOOD PROGRAM.

2 (a) AUTOMATIC ELIGIBILITY OF CERTAIN EVEN

3 START PARTICIPANTS.—Section 17(c) of the National

4 School Lunch Act (42 U.S.C. 1766(c)) (as amended by

5 section 103(d)(1)(C)) is further amended by adding at the

6 end the following new paragraph:

7 ‘‘(6)(A) A child who has not yet entered kindergarten

8 shall be considered automatically eligible for benefits

9 under this section without further application or eligibility

10 determination if the child is enrolled as a participant in

11 the Even Start program under part B of chapter 1 of title

12 I of the Elementary and Secondary Education Act of 1965

13 (20 U.S.C. 2741 et seq.).

14 ‘‘(B) Subparagraph (A) shall apply only with respect

15 to the provision of benefits under this section for fiscal

16 years 1996 through 1998.’’.

17 (b) REAPPLICATION FOR ASSISTANCE AT 3-YEAR IN18 TERVALS.—Section 17(d)(2)(A) of such Act (42 U.S.C.

19 1766(d)(2)(A)) is amended by striking ‘‘2-year intervals’’

20 and inserting ‘‘3-year intervals’’.

21 (c) USE OF ADMINISTRATIVE FUNDS TO CONDUCT

22 OUTREACH AND RECRUITMENT TO UNLICENSED DAY

23 CARE HOMES.—Section 17(f)(3)(C) of such Act (42

24 U.S.C. 1766(f)(3)(C)) is amended—
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•HR 8 EH

1 (1) by striking ‘‘(C) Reimbursement for admin2 istrative expenses’’ and inserting ‘‘(C)(i) Reimburse3 ment for administrative expenses’’; and

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

5 clause:

6 ‘‘(ii) Funds for administrative expenses may be used

7 by family or group day care home sponsoring organiza8 tions to conduct outreach and recruitment to unlicensed

9 family or group day care homes so that such day care

10 homes may become licensed.’’.

11 (d) INFORMATION AND TRAINING CONCERNING

12 CHILD HEALTH AND DEVELOPMENT.—Section 17(k) of

13 such Act (42 U.S.C. 1766(k)) is amended by adding at

14 the end the following new paragraph:

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

16 day care sponsoring organizations to provide information

17 and training concerning child health and development to

18 family or group day care homes participating in the pro19 gram under such organizations.’’.

20 (e) EXTENSION OF STATEWIDE DEMONSTRATION

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

22 1766(p)) is amended—

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

24 and inserting ‘‘1998’’; and
39

•HR 8 EH

1 (2) in paragraph (5), by striking ‘‘1994’’ and

2 inserting ‘‘1998’’.

3 SEC. 110. HOMELESS CHILDREN NUTRITION PROGRAM.

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

5 (42 U.S.C. 1751 et seq.) is amended by inserting after

6 section 17A the following new section:

7 ‘‘SEC. 17B. HOMELESS CHILDREN NUTRITION PROGRAM.

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

9 projects designed to provide food service throughout the

10 year to homeless children under the age of 6 in emergency

11 shelters.

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

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

14 into agreements with State, city, local, or county

15 governments, other public entities, or private non16 profit organizations to participate in the projects

17 under this section.

18 ‘‘(2) ELIGIBILITY REQUIREMENTS.—The Sec19 retary shall establish eligibility requirements for the

20 entities described in paragraph (1) that desire to

21 participate in the projects under this section. Such

22 requirements shall include the following:

23 ‘‘(A) Each private nonprofit organization

24 shall operate not more than 5 food service sites
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•HR 8 EH

1 under the project and shall serve not more than

2 300 homeless children at each such site.

3 ‘‘(B) Each site operated by each such or4 ganization shall meet applicable State and local

5 health, safety, and sanitation standards.

6 ‘‘(c) PROJECT REQUIREMENTS.—

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

8 this subsection shall—

9 ‘‘(A) use the same meal patterns and re10 ceive reimbursement payments for meals and

11 supplements at the same rates provided to child

12 care centers participating in the child care food

13 program under section 17 for free meals and

14 supplements; and

15 ‘‘(B) receive reimbursement payments for

16 meals and supplements served on Saturdays,

17 Sundays, and holidays, at the request of the

18 sponsor of any such project.

19 ‘‘(2) MODIFICATION.—The Secretary may mod20 ify the meal pattern requirements to take into ac21 count the needs of infants.

22 ‘‘(3) HOMELESS CHILDREN ELIGIBLE FOR

23 FREE MEALS WITHOUT APPLICATION.—Homeless

24 children under the age of 6 in emergency shelters
41

•HR 8 EH

1 shall be considered eligible for free meals without

2 application.

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

4 of the availability of the projects established under this

5 subsection for States, cities, counties, local governments

6 and other public entities, and shall advise each State of

7 the procedures for applying to participate in the project.

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

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

10 Healthy Children Act of 1994, the Secretary shall submit

11 to the appropriate committees of the Congress a report

12 that includes—

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

14 has taken to carry out subsection (d);

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

16 of children living in homeless shelters who are not

17 served by projects conducted under this section; and

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

19 so that more eligible children may participate in

20 such projects.

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

22 AND ADULT CARE FOOD PROGRAM.—Not later than Sep23 tember 30, 1996, the Secretary shall submit to the appro24 priate committees of the Congress a plan describing how

25 emergency shelters and homeless children who have not
42

•HR 8 EH

1 attained the age of 6 and who are served by such shelters

2 under the program might participate in the child and

3 adult care food program authorized under section 17 by

4 September 30, 1998.

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

6 following definitions apply:

7 ‘‘(1) APPROPRIATE COMMITTEES OF THE CON8 GRESS.—The term ‘appropriate committees of the

9 Congress’ means the Committee on Education and

10 Labor of the House of Representatives and the Com11 mittee on Agriculture, Nutrition, and Forestry of

12 the Senate.

13 ‘‘(2) EMERGENCY SHELTER.—The term ‘emer14 gency shelter’ has the meaning given such term in

15 section 321(2) of the Stewart B. McKinney Home16 less Assistance Act.

17 ‘‘(h) FUNDING.—

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

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

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

21 1776(a)(5)(B)(i)(I)), the Secretary shall, except as

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

23 section from amounts appropriated for purposes of

24 carrying out this Act $3,000,000 for fiscal year

25 1995 and each succeeding fiscal year.
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1 ‘‘(2) EXCEPTION.—The Secretary may expend

2 less than the amount required under paragraph (1)

3 if there is an insufficient number of suitable appli4 cants.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) NATIONAL SCHOOL LUNCH ACT.—Section

7 18 of the National School Lunch Act (42 U.S.C.

8 1769) is amended—

9 (A) by striking subsection (c); and

10 (B) by redesignating subsection (d) as sub11 section (c).

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

13 7(a)(5)(B)(i)(I) of the Child Nutrition Act of 1966

14 (42 U.S.C. 1776(a)(5)(B)(i)(I)) is amended—

15 (A) by striking ‘‘projects under section

16 18(c) of the National School Lunch Act (42

17 U.S.C. 1769(c))’’ and inserting ‘‘projects under

18 section 17B of the National School Lunch Act’’;

19 and

20 (B) by striking ‘‘1993 and 1994’’ each

21 place it appears and inserting ‘‘1995 through

22 1998’’.

23 SEC. 111. PILOT PROJECTS.

24 (a) COMMODITY LETTER OF CREDIT (CLOC) PRO25 GRAMS.—Section 18(b)(1) of the National School Lunch
44

•HR 8 EH

1 Act (42 U.S.C. 1769(b)(1)) is amended in the 1st sentence

2 by striking ‘‘, and ending September 30, 1994’’.

3 (b) DEMONSTRATION PROGRAM TO PROVIDE MEALS

4 AND SUPPLEMENTS OUTSIDE OF SCHOOL HOURS.—Sec5 tion 18 of such Act (42 U.S.C. 1769) is amended by add6 ing at the end the following new subsection:

7 ‘‘(d)(1)(A) The Secretary shall establish a dem8 onstration program to provide grants to eligible institu9 tions or schools to provide meals or supplements to adoles10 cents participating in educational, recreational, or other

11 programs and activities provided outside of school hours.

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

13 shall be equal to the amount necessary to provide meals

14 or supplements described in such subparagraph and shall

15 be determined in accordance with reimbursement payment

16 rates for meals and supplements under the child and adult

17 care food program under section 17 of this Act.

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

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

20 such institution or school submits to the Secretary an ap21 plication containing such information as the Secretary

22 may reasonably require.

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

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

25 such institution or school agrees that—
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•HR 8 EH

1 ‘‘(A) it will use amounts from such grant to

2 provide meals or supplements under educational,

3 recreational, or other programs and activities for

4 adolescents outside of school hours, and such pro5 grams and activities are carried out in geographic

6 areas in which there are high rates of poverty, vio7 lence, or drug and alcohol abuse among school-aged

8 youths; and

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

10 patterns required under the child and adult care

11 food program under section 17 of this Act.

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

13 and reduced price meals and supplements provided under

14 programs and activities under this subsection shall be

15 made in accordance with the income eligibility guidelines

16 for free and reduced price lunches under section 9 of this

17 Act.

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

19 Secretary shall expend to carry out this subsection from

20 amounts appropriated for purposes of carrying out section

21 17 of this Act, $325,000 for fiscal year 1995 and

22 $525,000 for each of the fiscal years 1996 through 1998.

23 In addition to amounts described in the preceding the sen24 tence, the Secretary shall expend any additional amounts
46

•HR 8 EH

1 in any fiscal year as may be provided in advance in appro2 priations Acts.

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

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

5 number of suitable applicants.

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

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

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

9 age of 19;

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

11 means—

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

13 in section 17 of this Act; or

14 ‘‘(ii) an elementary or secondary school

15 participating in the school lunch program under

16 this Act; and

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

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

19 regular school year.’’.

20 SEC. 112. REDUCTION OF PAPERWORK.

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

22 U.S.C. 1769a(a)) is amended by striking ‘‘and other agen23 cies’’ and inserting ‘‘other agencies’’ and by inserting ‘‘,

24 and families of children participating in such programs’’

25 after ‘‘assisted under such Acts’’.
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1 SEC. 113. EXTENSION OF FOOD SERVICE MANAGEMENT IN2 STITUTE.

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

4 (42 U.S.C. 1769b-1(e)(2)) is amended to read as follows:

5 ‘‘(2) $1,700,000 for each of the fiscal years

6 1995, 1996, 1997, and 1998 for purposes of carry7 ing out subsection (a)(2).’’.

8 SEC. 114. DUTIES OF THE SECRETARY OF AGRICULTURE

9 RELATING TO NONPROCUREMENT DEBAR10 MENT UNDER CERTAIN CHILD NUTRITION

11 PROGRAMS.

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

13 (42 U.S.C. 1751 et seq.) is amended by adding at the end

14 the following new section:

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

16 NONPROCUREMENT DEBARMENT.

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

18 promote the prevention and deterrence of instances of

19 fraud, bid rigging, and other anticompetitive activities en20 countered in the procurement of products for child nutri21 tion programs by—

22 ‘‘(1) establishing guidelines and a timetable for

23 the Secretary to initiate debarment proceedings, as

24 well as establishing mandatory debarment periods;

25 and
48

•HR 8 EH

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

2 guidance in identifying and preventing such activi3 ties.

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

5 following definitions apply:

6 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘appropriate congressional com8 mittees’ means the Committee on Education and

9 Labor and the Committee on Agriculture of the

10 House of Representatives and the Committee on Ag11 riculture, Nutrition, and Forestry of the Senate.

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

13 ‘child nutrition program’ means—

14 ‘‘(A) the school lunch program established

15 under this Act;

16 ‘‘(B) the school breakfast program estab17 lished under section 4 of the Child Nutrition

18 Act of 1966 (42 U.S.C. 1773);

19 ‘‘(C) the special milk program established

20 under section 3 of such Act (42 U.S.C. 1772);

21 ‘‘(D) the special nutrition program for

22 women, infants, and children authorized under

23 section 17 of such Act (42 U.S.C. 1786);
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1 ‘‘(E) the summer food service program for

2 children established under section 13 of this

3 Act;

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

5 established under section 17 of this Act; and

6 ‘‘(G) the homeless children nutrition pro7 gram under section 17B of this Act.

8 ‘‘(3) CONTRACTOR.—The term ‘contractor’

9 means a person that contracts with a State, an

10 agency of a State, or a local agency to provide goods

11 in conjunction with the participation of a local agen12 cy in a child nutrition program.

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

14 means a school, school food authority, child care

15 center, sponsoring organization, or other entity au16 thorized to operate a child nutrition program at the

17 local level.

18 ‘‘(5) NONPROCUREMENT DEBARMENT.—The

19 term ‘nonprocurement debarment’ means an action

20 to bar a person from programs and activities involv21 ing Federal financial and nonfinancial assistance,

22 but not including Federal procurement programs

23 and activities.
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1 ‘‘(6) PERSON.—The term ‘person’ means any

2 individual, corporation, partnership, association, or

3 other legal entity, however organized.

4 ‘‘(c) ASSISTANCE TO IDENTIFY AND PREVENT

5 FRAUD AND ANTICOMPETITIVE ACTIVITIES.—The Sec6 retary shall—

7 ‘‘(1) in cooperation with the food service man8 agement institute authorized under section 21 and

9 with any other appropriate individual, organization,

10 or agency, provide advice, training, technical assist11 ance, and guidance (which may include awareness

12 training, training films, and troubleshooting advice)

13 to representatives of States and local agencies re14 garding means of identifying and preventing fraud

15 and anticompetitive activities relating to the provi16 sion of goods in conjunction with the participation of

17 a local agency in a child nutrition program; and

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

19 with, the Attorney General and State attorneys gen20 eral regarding investigations of fraud and anti21 competitive activities relating to the provision of

22 goods in conjunction with the participation of a local

23 agency in a child nutrition program.

24 ‘‘(d) NONPROCUREMENT DEBARMENT.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (3), not later than 180 days after notification

3 of the occurrence of a cause for debarment described

4 in paragraph (2), the Secretary shall initiate

5 nonprocurement debarment proceedings against the

6 contractor who has committed the cause for debar7 ment.

8 ‘‘(2) CAUSES FOR DEBARMENT.—Actions re9 quiring initiation of nonprocurement debarment pur10 suant to paragraph (1) shall include the following:

11 ‘‘(A) A contractor commits an action or se12 ries of actions which constitute a substantial

13 and material violation of a regulation of a child

14 nutrition program of the Department of Agri15 culture, as determined by the Secretary.

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

17 criminal, civil, or administrative proceeding, or

18 found liable in any civil or administrative pro19 ceeding, in connection with the supplying, pro20 viding, or selling of goods to any local agency

21 or to any Federal agency in connection with the

22 child nutrition programs, of—

23 ‘‘(i) an anticompetitive activity, in24 cluding bid-rigging, price-fixing, the alloca25 tion of customers between competitors, or
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•HR 8 EH

1 other violation of Federal or State anti2 trust laws;

3 ‘‘(ii) fraud, bribery, theft, forgery or

4 embezzlement;

5 ‘‘(iii) breach of contract;

6 ‘‘(iv) making a false claim or state7 ment; or

8 ‘‘(v) other obstruction of justice.

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

10 that a decision on initiating nonprocurement debar11 ment proceedings cannot be made within 180 days

12 after notification of the occurrence of a cause for de13 barment described in paragraph (2) because of the

14 need to further investigate matters relating to the

15 possible debarment, the Secretary may have such ad16 ditional time as the Secretary considers necessary to

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

18 days.

19 ‘‘(4) MANDATORY CHILD NUTRITION PROGRAM

20 DEBARMENT PERIODS.—

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

22 provisions of this paragraph and notwithstand23 ing any other provision of law except subsection

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

25 debarment proceedings pursuant to paragraph
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1 (1), the Secretary decides to debar a contractor,

2 the debarment shall be for a period of not less

3 than 3 years.

4 ‘‘(B) PREVIOUS DEBARMENT.—If the con5 tractor has been previously debarred pursuant

6 to nonprocurement debarment proceedings initi7 ated pursuant to paragraph (1), and the cause

8 for debarment is described in paragraph (2)

9 based on activities that occurred subsequent to

10 the initial debarment, the debarment shall be

11 for a period of not less than 5 years.

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

13 under this subsection shall serve to bar the con14 tractor for the specified period from contracting

15 to provide goods in conjunction with the partici16 pation of a local agency in a child nutrition pro17 gram.

18 ‘‘(D) REVERSAL, REDUCTION, OR EXCEP19 TION.—Nothing in this paragraph shall restrict

20 the ability of the Secretary to reverse a debar21 ment decision, to reduce the period or scope of

22 a debarment, nor to grant an exception permit23 ting a debarred contractor to participate in a

24 particular contract to provide goods in conjunc25 tion with the participation of a local agency in
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1 a child nutrition program, if the Secretary de2 termines 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 AUTHORI8 TIES.—A debarment imposed under this section

9 shall not reduce or diminish the authority of a Fed10 eral, State, or local government agency or court to

11 penalize, imprison, fine, suspend, debar, or take

12 other adverse action against a person in a civil,

13 criminal, or administrative 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

18 any other provision of this section, the Secretary shall ini19 tiate nonprocurement debarment proceedings against the

20 contractor (including any cooperative) who has committed

21 the 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

25 nationally;
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•HR 8 EH

1 ‘‘(2) will interfere with the ability of a local

2 agency to procure a needed product for a child nu3 trition 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

13 jurisdiction, 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 re21 quest, the Secretary shall present to the appropriate con22 gressional committees information regarding the activities

23 of the Secretary relating to anticompetitive activities,

24 fraud, nonprocurement debarment, and any waiver grant25 ed by the 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

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

9 the Director of the Office of Management and Budget, the

10 Secretary of Defense, and such other officials as the Sec11 retary of Agriculture determines are appropriate, shall ad12 vise the appropriate committees of the Congress and the

13 Comptroller General of the United States as to the appro14 priateness and usefulness of a consistent debarment policy

15 under—

16 (1) the Federal acquisition regulations issued

17 under title 48, Code of Federal Regulations; and

18 (2) Federal nonprocurement regulations.

19 (d) NO REDUCTION IN AUTHORITY TO DEBAR OR

20 SUSPEND A PERSON FROM FEDERAL FINANCIAL AND

21 NONFINANCIAL ASSISTANCE AND BENEFITS.—The au22 thority of the Secretary of Agriculture that exists on the

23 date of enactment of this Act to debar or suspend a person

24 from Federal financial and nonfinancial assistance and

25 benefits under Federal programs and activities, on a gov-
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•HR 8 EH

1 ernment-wide basis, shall not be diminished or reduced by

2 this Act or the 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 COMPLI7 ANCE WITH NUTRITIONAL REQUIREMENTS.—Section

8 4(e)(1) of the Child Nutrition Act of 1966 (42 U.S.C.

9 1773(e)(1)) is amended—

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

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

12 schools’’; 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 comply18 ing with the nutritional requirements prescribed by the

19 Secretary pursuant to subparagraph (A). The Secretary

20 shall provide additional technical assistance to those

21 schools that are having difficulty maintaining compliance

22 with such requirements.’’.

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

24 such 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))

20 is amended by striking ‘‘$3,000,000’’ and all that

21 follows through ‘‘1994’’ and inserting ‘‘$5,000,000

22 for fiscal year 1995 and each succeeding fiscal

23 year’’.
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1 (2) AMENDMENT TO DEFINITION OF ELIGIBLE

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

3 1773(g)(5)) is amended—

4 (A) in the matter preceding subparagraph

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

6 ‘‘As used in this subsection’’; and

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

8 expanded’’ after ‘‘established’’.

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

10 (42 U.S.C. 1773) is amended by adding at the end the

11 following new subsection:

12 ‘‘EXPANSION OF PROGRAMS

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

14 $1,000,000 of funds made available under subsection

15 (g)(1) for any fiscal year to make payments on a competi16 tive basis to State educational agencies for distribution to

17 eligible schools to assist such schools with expenses in18 curred in expanding a school breakfast program estab19 lished under this section. Payments received under this

20 subsection shall be in addition to payments to which State

21 educational agencies are entitled under subsection (b).

22 ‘‘(2) In making payments under this subsection in

23 any fiscal year, the Secretary shall provide a preference

24 to State educational agencies that submit to the Sec25 retary—
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1 ‘‘(A) a plan to expand school breakfast pro2 grams conducted in the State, including a descrip3 tion of—

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

5 provide technical assistance and funding to

6 schools in the State to expand the programs; or

7 ‘‘(ii) significant public or private resources

8 that have been assembled to carry out the ex9 pansion of the programs during the year; or

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

11 ‘‘(i) equipment, including the purchase, re12 placement, or upgrading of equipment associ13 ated with expanding the school breakfast pro14 gram; or

15 ‘‘(ii) other needs, including a need for tem16 porary personnel, or funds to defray adminis17 trative or other costs associated with expanding

18 the school breakfast program.

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

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

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

22 SEC. 202. STATE ADMINISTRATIVE EXPENSES.

23 (a) WITHHOLDING OF FUNDS FOR SERIOUS DEFI24 CIENCY IN STATE ADMINISTRATION OF PROGRAMS.—Sec25 tion 7(a) of the Child Nutrition Act of 1966 (42 U.S.C.
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•HR 8 EH

1 1776(a)) is amended by adding at the end the following

2 new paragraph:

3 ‘‘(9)(A) If the Secretary determines that a State’s ad4 ministration of any program under this Act (other than

5 section 17) or under the National School Lunch Act, or

6 compliance with regulations issued pursuant to such Acts,

7 is seriously deficient, and the State fails to correct the de8 ficiency within a specified period of time, the Secretary

9 may withhold from the State some or all of the funds allo10 cated to the State under this section or under sections

11 13(k)(1) or 17 of the National School Lunch Act (42

12 U.S.C. 1761(k)(1) and 1766).

13 ‘‘(B) Upon a subsequent determination by the Sec14 retary that the administration of any program referred to

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

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

17 deficient and is operated in an acceptable manner, the

18 Secretary may allocate some or all of the funds withheld

19 under such subparagraph.’’.

20 (b) EXTENSION OF AUTHORITY TO PROVIDE FUNDS

21 FOR STATE ADMINISTRATIVE EXPENSES.—Section 7(h)

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

23 ‘‘1994’’ and inserting ‘‘1998’’.

24 (c) PROHIBITION OF FUNDING UNLESS STATE

25 AGREES TO PARTICIPATE IN CERTAIN STUDIES OR SUR-
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1 VEYS.—Section 7 of such Act (42 U.S.C. 1776) is amend2 ed—

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

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

5 (2) by inserting after subsection (g) the follow6 ing new subsection:

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

8 this section to a State for administrative costs incurred

9 in any fiscal year unless the State agrees to participate

10 in any study or survey of programs authorized under this

11 Act or the National School Lunch Act and conducted by

12 the Secretary.’’.

13 SEC. 203. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.

14 (a) AMENDMENTS TO DEFINITION OF NUTRITIONAL

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

16 1966 (42 U.S.C. 1786(b)(8)) is amended—

17 (1) in subparagraph (B), by inserting ‘‘, such

18 as alcoholism or drug abuse’’ after ‘‘medical condi19 tions’’; and

20 (2) in subparagraph (D), by striking ‘‘and mi21 grancy’’ and inserting ‘‘migrancy, and pregnancy’’.

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

23 such Act (42 U.S.C. 1786(c)) is amended by adding at

24 the end the following new paragraph:
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1 ‘‘(5) The Secretary shall promote the program by

2 producing and distributing materials, including television

3 and radio public service announcements in English and

4 other appropriate languages, that inform potentially eligi5 ble individuals of the benefits and services under the pro6 gram.’’.

7 (c) ELIGIBILITY FOR CERTAIN PREGNANT

8 WOMEN.—Section 17(d)(2) of such Act (42 U.S.C.

9 1786(d)(2)) is amended by adding at the end the following

10 new subparagraph:

11 ‘‘(C) In the case of a pregnant woman who is other12 wise ineligible for participation in the program because the

13 family of such woman is of insufficient size to meet the

14 income eligibility standards of the program, such pregnant

15 woman shall be considered to have satisfied such income

16 eligibility standards if, by increasing the number of indi17 viduals in the family of such woman by one individual,

18 such income eligibility standards would be met.’’.

19 (d) PRIORITY CONSIDERATION FOR CERTAIN MI20 GRANT POPULATIONS.—Section 17(f)(3) of such Act (42

21 U.S.C. 1786(f)(3)) is amended by inserting before the pe22 riod at the end the following: ‘‘and shall ensure that local

23 programs provide priority consideration to serving migrant

24 participants who are residing in the State for a limited

25 period of time’’.
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1 (e) INCOME ELIGIBILITY GUIDELINES.—Section

2 17(f)(18) of such Act (42 U.S.C. 1786(f)(18)) is amended

3 to read as follows:

4 ‘‘(18) A State agency may implement income eligi5 bility guidelines under this section concurrently with the

6 implementation of income eligibility guidelines under the

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

8 each year.’’.

9 (f) USE OF RECOVERED PROGRAM FUNDS IN YEAR

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

11 1786(f)) is amended by adding at the end the following

12 new paragraph:

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

14 result of violations in the food delivery system of the pro15 gram in the year in which such funds are collected for

16 the purpose of carrying out the program.’’.

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

18 Act (42 U.S.C. 1786) is amended—

19 (1) in subsection (g)(1), by striking ‘‘1991,

20 1992, 1993, and 1994’’ and inserting ‘‘1995

21 through 1998’’;

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

23 1991, 1992, 1993 and 1994’’ and inserting ‘‘1995

24 through 1998’’; and
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1 (3) in subsection (m)(10)(A) by striking

2 ‘‘$3,000,000 for fiscal year 1992, $6,500,000 for

3 fiscal year 1993, and’’ and by inserting before the

4 period at the end ‘‘, $10,500,000 for fiscal year

5 1995, and such sums as may be necessary for each

6 of the fiscal years 1996, 1997, and 1998’’.

7 (h) USE OF FUNDS FOR TECHNICAL ASSISTANCE

8 AND RESEARCH EVALUATION PROJECTS.—Section

9 17(g)(5) of such Act (42 U.S.C. 1786(g)(5)) is amend10 ed—

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

12 projects’’ and inserting ‘‘administration of pilot

13 projects’’; and

14 (2) by inserting at the end before the period the

15 following:‘‘, and carrying out technical assistance

16 and research evaluation projects of the programs

17 under this section’’.

18 (i) BREASTFEEDING PROMOTION AND SUPPORT AC19 TIVITIES.—Section 17(h)(3) of such Act (42 U.S.C.

20 1786(h)(3)) is amended—

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

22 ‘‘$8,000,000,’’ and inserting ‘‘the national minimum

23 breastfeeding promotion expenditure, as described in

24 subparagraph (E),’’; and
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1 (2) by adding at the end the following new sub2 paragraph:

3 ‘‘(E) The national minimum breastfeeding promotion

4 expenditure means—

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

6 amount that is equal to $21 multiplied by the num7 ber of pregnant women and breastfeeding women

8 participating in the program nationwide, based on

9 the average of the last 3 months for which the Sec10 retary has final data; and

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

12 1996 through 1998, the amount described in clause

13 (i) adjusted for inflation in accordance with para14 graph (1)(B)(ii).’’.

15 (j) DEVELOPMENT OF STANDARDS FOR THE COL16 LECTION OF BREASTFEEDING DATA.—Section 17(h)(4) of

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

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

19 at the end of such subparagraph;

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

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

22 (3) by adding at the end the following new sub23 paragraph:

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

25 enactment of this subparagraph, develop uniform re-
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1 quirements for the collection of data regarding inci2 dence and duration of breastfeeding among partici3 pants in the program, and upon development of such

4 uniform requirements, require each State agency to

5 report such data for inclusion in the report to Con6 gress described in section 17(d)(4).’’.

7 (k) SUBMISSION OF INFORMATION TO THE CON8 GRESS ON WAIVERS WITH RESPECT TO PROCUREMENT

9 OF INFANT FORMULA.—Section 17(h)(8)(D)(iii) of such

10 Act (42 U.S.C. 1786(h)(8)(D)(iii)) is amended by striking

11 ‘‘at 6-month intervals’’ and inserting ‘‘on a timely basis’’.

12 (l) PROHIBITION ON INTEREST LIABILITY TO FED13 ERAL GOVERNMENT ON REBATE FUNDS.—Section

14 17(h)(8) of such Act (42 U.S.C. 1786(h)(8)) is amended

15 by adding at the end the following new subparagraph:

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

17 Federal Government on rebate funds for infant formula

18 and other foods if all interest earned by the State on such

19 funds is used for program purposes.’’.

20 (m) USE OF UNSPENT NUTRITION SERVICES AND

21 ADMINISTRATION FUNDS.—Section 17(h) of such Act (42

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

23 following new paragraph:

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

25 1998, the Secretary shall use for the purposes specified
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1 in subparagraph (B), $10,000,000 or the amount of nutri2 tion services and administration funds for the prior fiscal

3 year that have not been obligated, whichever is lesser.

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

5 for—

6 ‘‘(i) development of infrastructure for the pro7 gram under this section, including management in8 formation systems;

9 ‘‘(ii) special state projects of regional or na10 tional significance directed toward improving the

11 services of the program under this section; and

12 ‘‘(iii) special breastfeeding support and pro13 motion projects, including projects to assess the ef14 fectiveness of particular breastfeeding promotion

15 strategies and to develop State or local agency ca16 pacity or facilities to provide quality breastfeeding

17 services.’’.

18 (n) LIMITATION ON ELIGIBILITY FOR FARMERS’

19 MARKET NUTRITION PROGRAM.—Section 17(m)(1) of

20 such Act (42 U.S.C. 1786(m)(1)) is amended by striking

21 ‘‘, or those who are on the waiting list to receive the assist22 ance,’’.

23 (o) EXPANSION OF FARMERS’ MARKET NUTRITION

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

25 1786(m)) is amended—
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•HR 8 EH

1 (1) in paragraph (5)(F)—

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

3 and inserting ‘‘17 percent’’;

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

5 (C) by inserting after clause (i) the follow6 ing new clause:

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

8 receives assistance under this subsection, the Sec9 retary shall permit the State to use 3 percent of

10 total program funds for market development if the

11 Secretary determines that the State intends to pro12 mote the development of farmers’ markets in socially

13 or economically disadvantaged areas or remote rural

14 areas where individuals eligible for participation in

15 the program have limited access to locally grown

16 fruits and vegetables.’’; and

17 (2) in paragraph (11)(D), by inserting before

18 the period at the end the following: ‘‘or any other

19 agency approved by the chief executive officer of the

20 State’’.

21 (p) CONTINUED FUNDING FOR CERTAIN STATES

22 UNDER FARMERS’ MARKET NUTRITION PROGRAM.—Sec23 tion 17(m)(6)(A) of such Act (42 U.S.C. 1786(m)(6)(A))

24 is amended to read as follows:
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1 ‘‘(6)(A) The Secretary shall continue to provide fund2 ing to States which participated in the program in the

3 most recent fiscal year as prescribed by subparagraph (B)

4 or as a part of the demonstration program authorized by

5 this subsection in a fiscal year ending before October 1,

6 1991. After satisfying the requirements of subparagraph

7 (B), the Secretary shall inform each State of the award

8 of funds as prescribed by subparagraph (G) by February

9 1st of each year.’’.

10 (q) ADDITIONAL CONSIDERATION IN PROVIDING

11 FUNDS TO SERVE ADDITIONAL RECIPIENTS IN STATES

12 THAT RECEIVED ASSISTANCE IN THE PRIOR FISCAL

13 YEAR UNDER FARMERS’ MARKET NUTRITION PRO14 GRAM.—Section 17(m)(6)(C) of such Act (42 U.S.C.

15 1786(m)(6)(C)) is amended—

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

17 of such clause;

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

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

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

21 clause:

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

23 under subsection (c) but not receiving benefits under

24 this subsection.’’.
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1 (r) PERCENTAGE OF ANNUAL APPROPRIATIONS

2 AVAILABLE TO STATES UNDER FARMERS’ MARKET NU3 TRITION PROGRAM.—Section 17(m)(6)(G) of such Act (42

4 U.S.C. 1786(m)(6)(G)) is amended—

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

6 and inserting ‘‘75 percent’’; and

7 (2) in clause (ii), by striking ‘‘45 to 55 per8 cent’’ and inserting ‘‘25 percent’’.

9 (s) ELIMINATION OF FUNDING CARRYOVER PROVI10 SION UNDER FARMERS’ MARKET NUTRITION PRO11 GRAM.—Section 17(m)(10)(B)(i)(II) of such Act (42

12 U.S.C. 1786(m)(10)(B)(i)(II)) is amended by striking ‘‘or

13 may be retained’’ and all that follows and inserting a pe14 riod.

15 (t) ELIMINATION OF REALLOCATION OF UNEX16 PENDED FUNDS WITH RESPECT TO DEMONSTRATION

17 PROJECTS UNDER FARMERS’ MARKET NUTRITION PRO18 GRAM.—Section 17(m)(10)(B)(ii) of such Act (42 U.S.C.

19 1786(m)(10)(B)(ii)) is amended by striking the second

20 sentence.

21 (u) INITIATIVE TO PROVIDE PROGRAM SERVICES AT

22 COMMUNITY AND MIGRANT HEALTH CENTERS.—Section

23 17 of such Act (42 U.S.C. 1786) is amended by adding

24 at the end the following new subsection:
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1 ‘‘(q)(1) The Secretary and the Secretary of Health

2 and Human Services (hereafter in this subsection referred

3 to as the ‘Secretaries’) shall jointly establish and carry out

4 an initiative for the purpose of providing both supple5 mental foods and nutrition education under the special

6 supplemental nutrition program and health care services

7 to low-income pregnant, postpartum, and breastfeeding

8 women, infants, and children at substantially more com9 munity health centers and migrant health centers.

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

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

12 the provision of supplemental foods and nutrition

13 education under the special supplemental nutrition

14 program and health care services at facilities funded

15 by the Indian Health Service; and

16 ‘‘(B) development and implementation of strate17 gies to ensure that, to the maximum extent feasible,

18 new health care facilities established in medically un19 derserved areas as a result of subsequent Federal

20 health care reform legislation provide supplemental

21 foods and nutrition education under the special sup22 plemental nutrition program.

23 ‘‘(3) Such initiative may include—

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

25 and local agencies and such health centers;
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1 ‘‘(B) demonstration projects in selected State or

2 local areas; and

3 ‘‘(C) such other activities as the Secretaries

4 find appropriate.

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

6 shall prepare and submit to the Congress an initial report

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

8 the initiative.

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

10 shall prepare and submit to the Congress an interim re11 port on the actions the Secretaries are taking under the

12 initiative or actions the Secretaries intend to take under

13 the initiative as a result of their experience in implement14 ing the initiative.

15 ‘‘(C) Upon completion of the initiative, the Secretar16 ies shall prepare and submit to the Congress a final report

17 containing an evaluation of the initiative and a plan to

18 further the goals of the initiative.

19 ‘‘(5) As used in this subsection—

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

21 the meaning given such term under section 330 of

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

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

24 meaning given such term under section 329 of the

25 Public Health Service Act (42 U.S.C. 254b).’’.
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1 (v) CHANGE IN NAME OF PROGRAM.—

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

3 U.S.C. 1786) is amended—

4 (A) by striking the section heading and in5 serting the following new section heading:

6 ‘‘SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

7 WOMEN, INFANTS, AND CHILDREN’’;

8 (B) in the first sentence of subsection

9 (c)(1), by striking ‘‘special supplemental food

10 program’’ and inserting ‘‘special supplemental

11 nutrition program’’;

12 (C) in the second sentence of subsection

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

14 program’’ each place it appears and inserting

15 ‘‘special supplemental nutrition program’’; and

16 (D) in subsection (o)(1)(B), by striking

17 ‘‘special supplemental food program’’ and in18 serting ‘‘special supplemental nutrition pro19 gram’’.

20 (2) REFERENCES.—Any reference to the ‘‘spe21 cial supplemental food program’’ in any provision of

22 law, regulation, document, record, or other paper of

23 the United States shall be considered to be a ref24 erence to the ‘‘special supplemental nutrition pro25 gram’’.
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1 SEC. 204. NUTRITION EDUCATION AND TRAINING.

2 (a) USE OF FUNDS.—Section 19(f)(1) of the Child

3 Nutrition Act of 1966 (42 U.S.C. 1788(f)(1)) is amend4 ed—

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

6 ‘‘(f)(1)(A) The funds’’;

7 (2) by striking ‘‘for (A) employing’’ and insert8 ing ‘‘for—

9 ‘‘(i) employing’’;

10 (3) by redesignating subparagraphs (B)

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

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

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

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

15 amended by paragraph (2));

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

17 (6) by redesignating clause (ix) as clause (xvii);

18 (7) by inserting after clause (viii) the following

19 new clauses:

20 ‘‘(ix) providing funding for a nutrition compo21 nent in the health education curriculum offered to

22 children in kindergarten through grade 12;

23 ‘‘(x) instructing teachers, school administrators,

24 or other school staff on how to promote better nutri25 tional health and to motivate children of varying lin-
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1 guistic and cultural backgrounds to practice sound

2 eating habits;

3 ‘‘(xi) developing means of providing nutrition

4 education in language-appropriate materials to chil5 dren and families of children through after-school

6 programs;

7 ‘‘(xii) training in relation to healthy and nutri8 tious meals;

9 ‘‘(xiii) creating instructional programming, in10 cluding language-appropriate materials and pro11 gramming, for teachers, school food service person12 nel, and parents on the relationships between nutri13 tion and health and the role of the food guide pyra14 mid established by the Secretary;

15 ‘‘(xiv) funding aspects of the Strategic Plan for

16 Nutrition and Education issued by the Secretary;

17 ‘‘(xv) increasing evaluation efforts at the State

18 level regarding needs assessment for nutrition edu19 cation efforts;

20 ‘‘(xvi) encouraging public service advertise21 ments, including language-appropriate materials and

22 advertisements, to promote healthy eating habits for

23 children; and’’; and

24 (8) by adding at the end the following new sub25 paragraph:
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1 ‘‘(B) For purposes of this paragraph, the term ‘lan2 guage appropriate materials’ means materials using

3 languages other than the English language when those

4 languages are dominant for a large percentage of individ5 uals participating in the program.’’.

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

7 19(i)(2)(A) of such Act (42 U.S.C. 1788(i)(2)(a)) is

8 amended by striking ‘‘nutrition education and information

9 programs’’ and all that follows and inserting ‘‘nutrition

10 education and information programs $10,000,000 for fis11 cal year 1995 and each succeeding fiscal year.’’.

12 (c) AVAILABILITY OF FUNDS.—Section 19(i) of such

13 Act (42 U.S.C. 1788(i)) is amended—

14 (1) by redesignating paragraph (3) as para15 graph (4); and

16 (2) by adding a new paragraph (3) to read as

17 follows:

18 ‘‘(3) Funds made available to any State under this

19 section shall remain available to the State for obligation

20 in the fiscal year succeeding the fiscal year in which such

21 funds were received by the State.’’.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 SEC. 301. CONSOLIDATION OF SCHOOL LUNCH PROGRAM

4 AND SCHOOL BREAKFAST PROGRAM INTO

5 COMPREHENSIVE MEAL PROGRAM.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, the Secretary of Agriculture shall, not later

8 than 1 year after the date of the enactment of this Act,

9 develop and implement regulations to consolidate the

10 school lunch program under the National School Lunch

11 Act (42 U.S.C. 1751 et seq.) and the school breakfast pro12 gram under section 4 of the Child Nutrition Act of 1966

13 (42 U.S.C. 1773) into a comprehensive meal program.

14 (b) REQUIREMENTS.—In establishing such com15 prehensive meal program under subsection (a), the Sec16 retary shall meet the following requirements:

17 (1) The Secretary shall ensure that the pro18 gram continues to serve children who are eligible for

19 free and reduced price meals. Such meals shall meet

20 the nutritional requirements under section 9(a)(1) of

21 the National School Lunch Act (42 U.S.C.

22 1758(a)(1)) and under section 4(e)(1) of the Child

23 Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)).

24 (2) The Secretary shall continue to make break25 fast assistance payments in accordance with section
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1 4 of the Child Nutrition Act of 1966 and food as2 sistance payments in accordance with the National

3 School Lunch Act.

4 (c) REPORTS.—

5 (1) INITIAL REPORT.—Prior to implementing

6 the regulations described in subsection (a), the Sec7 retary shall submit to the Congress a report contain8 ing a plan for the consolidation and simplification of

9 the school lunch program and the school breakfast

10 program.

11 (2) REPORTS WITH RESPECT TO CHANGE IN

12 PAYMENT AMOUNTS.—If the Secretary proposes to

13 change the amount of the breakfast assistance pay14 ment or the food assistance payment under the com15 prehensive meal program, the Secretary shall

16 prepare and submit to the Congress a report con17 taining recommendations for legislation to effect

18 such change.

19 SEC. 302. STUDY AND REPORT RELATING TO USE OF PRI20 VATE FOOD ESTABLISHMENTS AND CATER21 ERS UNDER SCHOOL LUNCH PROGRAM AND

22 SCHOOL BREAKFAST PROGRAM.

23 (a) STUDY.—The Comptroller General of the United

24 States, in conjunction with the Director of the Office of

25 Technology Assessment, shall conduct a study on the use
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•HR 8 EH

1 of private food establishments and caterers, including fast

2 food and other restaurants, by schools that participate in

3 the school lunch program under the National School

4 Lunch Act (42 U.S.C. 1751 et seq.) or the school break5 fast program under section 4 of the Child Nutrition Act

6 of 1966 (42 U.S.C. 1773). In conducting such study, the

7 Comptroller General of the United States shall—

8 (1) examine the extent, manner, and terms

9 under which such private food establishments and

10 caterers supply meals and food to students and

11 schools that participate in the school lunch program

12 or the school breakfast program;

13 (2) determine the nutritional profile of all foods

14 provided by such establishments and caterers to stu15 dents during school hours; and

16 (3) evaluate the impact that the services pro17 vided by such establishments and caterers have on

18 the ability of local child nutrition programs to oper19 ate nutritionally sound and cost-effective programs

20 and the ability of such establishments and caterers

21 to utilize the commodities under section 14 of the

22 National School Lunch Act (42 U.S.C. 1762a).

23 (b) REPORT.—Not later than September 1, 1996, the

24 Comptroller General of the United States shall submit to

25 the Committee on Education and Labor and the Commit-
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•HR 8 EH

1 tee on Agriculture of the House of Representatives and

2 the Committee on Agriculture, Nutrition, and Forestry of

3 the Senate a report that contains the findings, determina4 tions, and evaluations of the study conducted pursuant to

5 subsection (a).

6 SEC. 303. REPORT RELATING TO UNIFIED ACCOUNTABILITY

7 SYSTEM UNDER NATIONAL SCHOOL LUNCH

8 ACT.

9 The Comptroller General of the United States shall

10 submit to the Committee on Education and Labor of the

11 House of Representatives and the Committee on Agri12 culture, Nutrition, and Forestry of the Senate a report

13 that analyzes—

14 (1) the status of the unified accountability sys15 tem authorized under section 22 of the National

16 School Lunch Act (42 U.S.C. 1769c);

17 (2) the advantages and disadvantages of the

18 system; and

19 (3) the cost impact of the system on schools.

20 SEC. 304. AMENDMENT TO COMMODITY DISTRIBUTION RE21 FORM ACT AND WIC AMENDMENTS OF 1987.

22 Section 3(h)(3) of the Commodity Distribution Re23 form Act and WIC Amendments of 1987 is amended by

24 striking ‘‘Hawaii,’’.
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1 SEC. 305. STUDY OF THE EFFECT OF COMBING FEDERALLY

2 DONATED AND FEDERALLY INSPECTED MEAT

3 OR POULTRY.

4 (a) STUDY.—The Comptroller General of the United

5 States shall conduct a study on the incidence and the ef6 fect of States restricting or prohibiting a legially con7 tracted commercial entity from physically combining fed8 erally inspected meat or polutry from another State.

9 (b) REPORT.—Not later than September 1, 1996, the

10 Comptroller General of the United States shall submit to

11 the Committee on Education and Labor and the Commit12 tee on Agriculture of the House of Representatives and

13 the Committee on Agriculture, Nutrition, and Forestry of

14 the Senate a report that contains the findings, determina15 tions, and evaluations of the study conducted pursuant to

16 subsection (a)

Passed the House of Representatives July 19, 1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 8

AN ACT

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 au-