106TH CONGRESS

2D SESSION S. 3230

AN ACT

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,
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1 SECTION 1. PAYMENT OF COSTS ASSOCIATED WITH RE2 MOVAL OF COMMODITIES THAT POSE A

3 HEALTH OR SAFETY RISK.

4 Section 15(e) of the Commodity Distribution Reform

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

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

7 inserting ‘‘2003’’.

8 SEC. 2. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

9 FOR WOMEN, INFANTS, AND CHILDREN.

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

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

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

13 is amended by striking ‘‘continental’’ and inserting ‘‘con14 tiguous States of the’’.

15 (b) DEMONSTRATION PROJECT.—Effective October

16 1, 2000, section 17(r)(1) of the Child Nutrition Act of

17 1966 (42 U.S.C. 1786(r)(1)) is amended by striking ‘‘at

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

19 local agencies’’.

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

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

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

23 1766) is amended—

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

25 follows through ‘‘SEC. 17.’’ and inserting the fol26 lowing:
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1 ‘‘SEC. 17. CHILD AND ADULT CARE FOOD PROGRAM.’’;

2 and

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

4 ‘‘and’’ at the end.

5 (b) EXCEPTIONS TO HEARING REQUIREMENTS.—

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

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

8 amended—

9 (1) by striking ‘‘(D) HEARING.—An institu10 tion’’ and inserting the following:

11 ‘‘(D) HEARING.—

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii), an institution’’; and

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

15 ‘‘(ii) EXCEPTION FOR FALSE OR

16 FRAUDULENT CLAIMS.—

17 ‘‘(I) IN GENERAL.—If a State

18 agency determines that an institution

19 has knowingly submitted a false or

20 fraudulent claim for reimbursement,

21 the State agency may suspend the

22 participation of the institution in the

23 program in accordance with this

24 clause.

25 ‘‘(II) REQUIREMENT FOR RE26 VIEW.—Prior to any determination to
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1 suspend participation of an institution

2 under subclause (I), the State agency

3 shall provide for an independent re4 view of the proposed suspension in ac5 cordance with subclause (III).

6 ‘‘(III) REVIEW PROCEDURE.—

7 The review shall—

8 ‘‘(aa) be conducted by an

9 independent and impartial official

10 other than, and not accountable

11 to, any person involved in the de12 termination to suspend the insti13 tution;

14 ‘‘(bb) provide the State

15 agency and the institution the

16 right to submit written docu17 mentation relating to the suspen18 sion, including State agency doc19 umentation of the alleged false or

20 fraudulent claim for reimburse21 ment and the response of the in22 stitution to the documentation;

23 ‘‘(cc) require the reviewing

24 official to determine, based on

25 the review, whether the State
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1 agency has established, based on

2 a preponderance of the evidence,

3 that the institution has know4 ingly submitted a false or fraudu5 lent claim for reimbursement;

6 ‘‘(dd) require the suspension

7 to be in effect for not more than

8 120 calendar days after the insti9 tution has received notification of

10 a determination of suspension in

11 accordance with this clause; and

12 ‘‘(ee) require the State agen13 cy during the suspension to en14 sure that payments continue to

15 be made to sponsored centers

16 and family and group day care

17 homes meeting the requirements

18 of the program.

19 ‘‘(IV) HEARING.—A State agen20 cy shall provide an institution that

21 has been suspended from participation

22 in the program under this clause an

23 opportunity for a fair hearing on the

24 suspension conducted in accordance

25 with subsection (e)(1).’’.
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1 (c) STATEWIDE DEMONSTRATION PROJECTS INVOLV2 ING PRIVATE FOR-PROFIT ORGANIZATIONS PROVIDING

3 NONRESIDENTIAL DAY CARE SERVICES.—Section

4 17(p)(3)(C) of the Richard B. Russell National School

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

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

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

8 (2) in clause (iv), by striking ‘‘made’’ and in9 serting ‘‘reported for fiscal year 1998’’.

Passed the Senate October 24 (legislative day, September 22), 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 3230

AN ACT

To reauthorize the authority for the Secretary of

Agriculture to pay costs associated with removalof commodities that pose a health or safety riskand to make adjustments to certain child nutrition programs.