II

106TH CONGRESS

2D SESSION S. 3230

To reauthorize the authority for the Secretary of Agriculture to pay costs

associated with removal of commodities that pose a health or safety

risk and to make adjustments to certain child nutrition programs.

IN THE SENATE OF THE UNITED STATES

OCTOBER 24 (legislative day, SEPTEMBER 22), 2000

Mr. LUGAR (for himself and Mr. HARKIN) introduced the following bill; which

was read twice, considered, read the third time, and passed

A BILL

To reauthorize the authority for the Secretary of Agriculture

to pay costs associated with removal of commodities that

pose a health or safety risk and to make adjustments

to certain child nutrition programs.

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

3 SECTION 1. PAYMENT OF COSTS ASSOCIATED WITH RE4 MOVAL OF COMMODITIES THAT POSE A

5 HEALTH OR SAFETY RISK.

6 Section 15(e) of the Commodity Distribution Reform

7 Act and WIC Amendments of 1987 (7 U.S.C. 612c note;
2

•S 3230 CPS

1 Public Law 100–237) is amended by striking ‘‘2000’’ and

2 inserting ‘‘2003’’.

3 SEC. 2. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

4 FOR WOMEN, INFANTS, AND CHILDREN.

5 (a) COST-OF-LIVING ALLOWANCES FOR MEMBERS OF

6 UNIFORMED SERVICES.—Section 17(d)(2)(B)(ii) of the

7 Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii))

8 is amended by striking ‘‘continental’’ and inserting ‘‘con9 tiguous States of the’’.

10 (b) DEMONSTRATION PROJECT.—Effective October

11 1, 2000, section 17(r)(1) of the Child Nutrition Act of

12 1966 (42 U.S.C. 1786(r)(1)) is amended by striking ‘‘at

13 least 20 local agencies’’ and inserting ‘‘not more than 20

14 local agencies’’.

15 SEC. 3. CHILD AND ADULT CARE FOOD PROGRAM.

16 (a) TECHNICAL AMENDMENTS.—Section 17 of the

17 Richard B. Russell National School Lunch Act (42 U.S.C.

18 1766) is amended—

19 (1) by striking the section heading and all that

20 follows through ‘‘SEC. 17.’’ and inserting the fol21 lowing:

22 ‘‘SEC. 17. CHILD AND ADULT CARE FOOD PROGRAM.’’;

23 and

24 (2) in subsection (a)(6)(C)(ii), by striking

25 ‘‘and’’ at the end.
3

•S 3230 CPS

1 (b) EXCEPTIONS TO HEARING REQUIREMENTS.—

2 Section 17(d)(5)(D) of the Richard B. Russell National

3 School Lunch Act (42 U.S.C. 1766(d)(5)(D)) is

4 amended—

5 (1) by striking ‘‘(D) HEARING.—An institu6 tion’’ and inserting the following:

7 ‘‘(D) HEARING.—

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), an institution’’; and

10 (2) by adding at the end the following:

11 ‘‘(ii) EXCEPTION FOR FALSE OR

12 FRAUDULENT CLAIMS.—

13 ‘‘(I) IN GENERAL.—If a State

14 agency determines that an institution

15 has knowingly submitted a false or

16 fraudulent claim for reimbursement,

17 the State agency may suspend the

18 participation of the institution in the

19 program in accordance with this

20 clause.

21 ‘‘(II) REQUIREMENT FOR RE22 VIEW.—Prior to any determination to

23 suspend participation of an institution

24 under subclause (I), the State agency

25 shall provide for an independent re-
4

•S 3230 CPS

1 view of the proposed suspension in ac2 cordance with subclause (III).

3 ‘‘(III) REVIEW PROCEDURE.—

4 The review shall—

5 ‘‘(aa) be conducted by an

6 independent and impartial official

7 other than, and not accountable

8 to, any person involved in the de9 termination to suspend the insti10 tution;

11 ‘‘(bb) provide the State

12 agency and the institution the

13 right to submit written docu14 mentation relating to the suspen15 sion, including State agency doc16 umentation of the alleged false or

17 fraudulent claim for reimburse18 ment and the response of the in19 stitution to the documentation;

20 ‘‘(cc) require the reviewing

21 official to determine, based on

22 the review, whether the State

23 agency has established, based on

24 a preponderance of the evidence,

25 that the institution has know-
5

•S 3230 CPS

1 ingly submitted a false or fraudu2 lent claim for reimbursement;

3 ‘‘(dd) require the suspension

4 to be in effect for not more than

5 120 calendar days after the insti6 tution has received notification of

7 a determination of suspension in

8 accordance with this clause; and

9 ‘‘(ee) require the State agen10 cy during the suspension to en11 sure that payments continue to

12 be made to sponsored centers

13 and family and group day care

14 homes meeting the requirements

15 of the program.

16 ‘‘(IV) HEARING.—A State agen17 cy shall provide an institution that

18 has been suspended from participation

19 in the program under this clause an

20 opportunity for a fair hearing on the

21 suspension conducted in accordance

22 with subsection (e)(1).’’.

23 (c) STATEWIDE DEMONSTRATION PROJECTS INVOLV24 ING PRIVATE FOR-PROFIT ORGANIZATIONS PROVIDING

25 NONRESIDENTIAL DAY CARE SERVICES.—Section
6

•S 3230 CPS

1 17(p)(3)(C) of the Richard B. Russell National School

2 Lunch Act (42 U.S.C. 1766(p)(3)(C)) is amended—

3 (1) in clause (iii), by striking ‘‘all families’’ and

4 inserting ‘‘all low-income families’’; and

5 (2) in clause (iv), by striking ‘‘made’’ and in6 serting ‘‘reported for fiscal year 1998’’.

Æ