Calendar No. 506

103D CONGRESS

2D SESSION S. 1614

[Report No. 103–300]

A BILL

To amend the Child Nutrition Act of 1966 and the

year 1998, and for other purposes.authorities contained in such Acts through fiscaleating habits for children and to extend certainNational School Lunch Act to promote healthy

JULY 1 (legislative day, JUNE 7), 1994

Reported with an amendment
II

Calendar No. 506

103D CONGRESS

2D SESSION S. 1614

[Report No. 103–300]

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

Act to promote healthy eating habits for children and to extend certain

authorities contained in such Acts through fiscal year 1998, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 2, 1993

Mr. LEAHY (for himself, Mr. HARKIN, Mr. DASCHLE, Mr. ROCKEFELLER, Mr.

JEFFORDS, Mr. DURENBERGER, Mr. BINGAMAN, Mr. CAMPBELL, Mr.

SIMON, and Mrs. FEINSTEIN) introduced the following bill; which was

read twice and referred to the Committee on Agriculture, Nutrition, and

Forestry

JULY 1 (legislative day, JUNE 7), 1994

Reported by Mr. LEAHY, with an amendment

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

A BILL

To amend the Child Nutrition Act of 1966 and the National

School Lunch Act to promote healthy eating habits for

children and to extend certain authorities contained in

such Acts through fiscal year 1998, and for other

purposes.
2

•S 1614 RS

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 ‘‘Better Nutrition and Health for Children Act of 1993’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—SPECIAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN

Sec. 101. Full funding for WIC.

Sec. 102. WIC breastfeeding promotion.

Sec. 103. Expansion of WIC farmers’ market program.

Sec. 104. Technical amendments.

TITLE II—SCHOOL BREAKFAST AND RELATED PROGRAMS

Sec. 201. Providing milk to low-income children.

Sec. 202. Elimination of cost basis for severe need reimbursement.

Sec. 203. Low-fat yogurt as an allowable choice.

Sec. 204. Promotion of school breakfast program.

Sec. 205. Startup costs for school breakfast program.

Sec. 206. Expansion of school breakfast programs.

Sec. 207. State administrative expenses.

Sec. 208. Clarification of authority to ban junk foods.

Sec. 209. Nutrition education and training program.

TITLE III—SCHOOL LUNCH AND RELATED PROGRAMS

Sec. 301. Elimination of whole milk requirement.

Sec. 302. Low-fat yogurt as an allowable choice.

Sec. 303. Reports on increasing consumption of healthy foods in school lunches.

Sec. 304. Information to parents concerning importance of nutrition.

Sec. 305. Income guidelines for free lunches served to elementary school students.

Sec. 306. School flexibility.

Sec. 307. Automatic eligibility of Head Start participants.

Sec. 308. Special assistance payments.

Sec. 309. Promotion of healthy eating habits for children.

Sec. 310. Organic foods.

Sec. 311. Food and nutrition projects.

Sec. 312. Summer food service program for children.

Sec. 313. Commodity distribution program.

Sec. 314. Child and adult care food program.

Sec. 315. Meal supplements for children in afterschool care.

Sec. 316. Demonstration projects to improve food service for homeless children.
3

•S 1614 RS

Sec. 317. Pilot program to increase offerings of fruits and vegetables.

Sec. 318. Pilot program to increase consumption of low-fat dairy products and

lean meats.

Sec. 319. Pilot projects for fortified fluid milk; information on fortified milk.

Sec. 320. Food service management institute and other institutions.

Sec. 321. Compliance and accountability.

Sec. 322. Nutrition guidance for child nutrition programs.

Sec. 323. Information clearinghouse.

TITLE IV—PROGRAM INTEGRITY

Sec. 401. Findings.

Sec. 402. Duties of the Secretary relating to anticompetitive activities.

Sec. 403. Prevention and control of anticompetitive activities.

TITLE V—EFFECTIVE DATES

Sec. 501. Effective dates.

1 TITLE I—SPECIAL NUTRITION

2 PROGRAM FOR WOMEN, IN3 FANTS, AND CHILDREN

4 SEC. 101. FULL FUNDING FOR WIC.

5 Section 17 of the Child Nutrition Act of 1966 (42

6 U.S.C. 1786) is amended—

7 (1) in the second sentence of subsection (a)—

8 (A) by striking ‘‘authorized’’ and inserting

9 ‘‘established’’; and

10 (B) by striking ‘‘, up to the authorization

11 levels set forth in subsection (g) of this sec12 tion,’’;

13 (2) in subsection (c)—

14 (A) in the first sentence of paragraph (1),

15 by striking ‘‘may’’ and inserting ‘‘shall’’; and

16 (B) in paragraph (2), by striking ‘‘appro17 priated’’ and inserting ‘‘made available’’;
4

•S 1614 RS

1 (3) in subsection (g)—

2 (A) by striking paragraph (1) and insert3 ing the following new paragraph:

4 ‘‘(1)(A) There are authorized to be—

5 ‘‘(i) appropriated to carry out this section such

6 amounts as are necessary for each of fiscal years

7 1995 through 2000; and

8 ‘‘(ii) made available such amounts as are nec9 essary for the Secretary of the Treasury to fulfill the

10 requirements of subparagraph (B).

11 ‘‘(B)(i) For each of fiscal years 1996 through 2000,

12 the Secretary of the Treasury shall credit to a special fund

13 of the Treasury an amount equal to—

14 ‘‘(I) $254,000,000 for fiscal year 1996;

15 ‘‘(II) $407,000,000 for fiscal year 1997;

16 ‘‘(III) $384,000,000 for fiscal year 1998;

17 ‘‘(IV) $398,000,000 for fiscal year 1999; and

18 ‘‘(V) $411,000,000 for fiscal year 2000.

19 ‘‘(ii) Amounts in the fund—

20 ‘‘(I) shall be available only for the program au21 thorized under this section, exclusive of activities au22 thorized under subsection (m); and

23 ‘‘(II) shall be paid to the Secretary to carry out

24 subclause (I).
5

•S 1614 RS

1 ‘‘(iii) For a fiscal year specified in clause (i), the

2 amount credited to the fund for the fiscal year shall be

3 available for use in the program only if appropriations

4 Acts for the fiscal year, without the addition of amounts

5 provided under clause (i) for the fund, provide new budget

6 authority for the program of no less than—

7 ‘‘(I) $3,660,000,000 for fiscal year 1996;

8 ‘‘(II) $3,759,000,000 for fiscal year 1997;

9 ‘‘(III) $3,861,000,000 for fiscal year 1998;

10 ‘‘(IV) $3,996,000,000 for fiscal year 1999; and

11 ‘‘(V) $4,126,000,000 for fiscal year 2000.

12 ‘‘(C) As authorized by section 3 of the National

13 School Lunch Act (42 U.S.C. 1752), funds made available

14 to carry out this section shall remain available until ex15 pended.’’;

16 (B) in the first sentence of paragraph (4),

17 by striking ‘‘appropriated’’ and inserting ‘‘made

18 available’’; and

19 (C) in paragraph (5), by striking ‘‘appro20 priated’’ and inserting ‘‘made available’’;

21 (4) in subsection (h)—

22 (A) in paragraph (1)—

23 (i) in subparagraph (A), by striking

24 ‘‘appropriated’’ both places it appears and

25 inserting ‘‘made available’’; and
6

•S 1614 RS

1 (ii) in subparagraph (C), by striking

2 ‘‘appropriated’’ both places it appears and

3 inserting ‘‘made available’’; and

4 (B) in the first sentence of paragraph

5 (2)(A), by striking ‘‘1990, 1991, 1992, 1993

6 and 1994’’ and inserting ‘‘1990 through 2000’’;

7 and

8 (5) in subsection (l), by striking ‘‘funds appro9 priated’’ and inserting ‘‘funds made available’’.

10 SEC. 102. WIC BREASTFEEDING PROMOTION.

11 Section 17 of the Child Nutrition Act of 1966 (42

12 U.S.C. 1786) is amended—

13 (1) in subsection (d)(4)—

14 (A) by striking ‘‘and’’ at the end of sub15 paragraph (B);

16 (B) by redesignating subparagraph (C) as

17 subparagraph (D); and

18 (C) by inserting after subparagraph (B)

19 the following new subparagraph:

20 ‘‘(C) the rate of breastfeeding among

21 postpartum women participating in the program,

22 and expenditures for breastfeeding promotion; and’’;

23 and

24 (2) in subsection (h)(3)(A)—
7

•S 1614 RS

1 (A) in clause (i)(II), by striking

2 ‘‘$8,000,000’’ and inserting ‘‘$16,000,000’’;

3 and

4 (B) in clause (ii), by inserting after ‘‘sup5 port activities’’ the following: ‘‘(including the

6 purchase of breast pumps)’’.

7 SEC. 103. EXPANSION OF WIC FARMERS’ MARKET PRO8 GRAM.

9 (a) IN GENERAL.—Section 17(m) of the Child Nutri10 tion Act of 1966 (42 U.S.C. 1786(m)) is amended—

11 (1) in paragraph (3), by striking ‘‘30 percent’’

12 and inserting ‘‘25 percent’’;

13 (2) in paragraph (5)(C)(ii), by inserting before

14 the period at the end the following: ‘‘, except that

15 the Secretary, at the request of the State agency,

16 may increase the amount under unusual cir17 cumstances such as a natural disaster’’;

18 (3) in paragraph (5)(F)—

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

20 and inserting ‘‘17 percent’’;

21 (B) in clause (ii), by striking ‘‘2 percent’’

22 each place it appears and inserting ‘‘3 percent’’;

23 (C) by redesignating clause (iii) as clause

24 (iv); and
8

•S 1614 RS

1 (D) by inserting after clause (ii) the follow2 ing new clause:

3 ‘‘(iii) During any fiscal year for which a State re4 ceives assistance under this subsection, the Secretary shall

5 permit the State to use 3 percent of total program funds

6 for market development (including the establishment of

7 additional farmers’ markets and the improvement and ex8 pansion of participating markets) if the Secretary deter9 mines that the State intends to promote—

10 ‘‘(I) the development of farmers’ markets in so11 cially or economically disadvantaged areas where

12 residents have limited access to locally grown fruits

13 and vegetables; or

14 ‘‘(II) the participation of—

15 ‘‘(aa) socially disadvantaged farmers (as

16 defined in section 2501(e)(2) of the Food, Agri17 culture, Conservation, and Trade Act of 1990

18 (7 U.S.C. 2279(e)(2)));

19 ‘‘(bb) farmers located in very rural areas

20 (as defined by the Secretary); or

21 ‘‘(cc) farmers who own or operate small22 scale or limited-resource farms (as defined by

23 the Secretary).’’;

24 (4) in paragraph (10)(A), by striking ‘‘and

25 $8,000,000 for fiscal year 1994’’ and inserting
9

•S 1614 RS

1 ‘‘$8,000,000 for fiscal year 1994, $10,500,000 for

2 fiscal year 1995, $12,500,000 for fiscal year 1996,

3 $15,000,000 for fiscal year 1997, and $18,000,000

4 for fiscal year 1998’’; and

5 (5) in paragraph (11)(D), by inserting before

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

7 agency approved by the chief executive officer of the

8 State’’.

9 (b) PROMOTION BY THE SECRETARY.—The Secretary

10 of Agriculture shall promote the use of farmers’ markets

11 by recipients of Federal nutrition programs administered

12 by the Secretary and shall annually report to the appro13 priate committees of Congress on the efforts of the Sec14 retary to carry out this subsection.

15 SEC. 104. TECHNICAL AMENDMENTS.

16 (a) CARRYOVER FUNDS.—Section 17(i)(3)(A) of the

17 Child Nutrition Act of 1966 (42 U.S.C. 1786(i)(3)(A)) is

18 amended by striking ‘‘1 percent’’ each place it appears in

19 clauses (i) and (ii) and inserting ‘‘3 percent’’.

20 (b) CHANGE OF NAME OF WIC PROGRAM.—

21 (1) IN GENERAL.—Section 17 of the Child Nu22 trition Act of 1966 (42 U.S.C. 1786) is amended—

23 (A) by striking the section heading and in24 serting the following new section heading:
10

•S 1614 RS

1 ‘‘SPECIAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

2 AND CHILDREN’’;

3 (B) in the first sentence of subsection

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

5 program’’ and inserting ‘‘special nutrition pro6 gram’’;

7 (C) in the second sentence of subsection

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

9 program’’ each place it appears and inserting

10 ‘‘special nutrition program’’; and

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

12 ‘‘special supplemental food program’’ and in13 serting ‘‘special nutrition program’’.

14 (2) CONFORMING AMENDMENTS.—

15 (A) The second sentence of section 9(c) of

16 the Food Stamp Act of 1977 (7 U.S.C.

17 2018(c)) is amended by striking ‘‘special sup18 plemental food program for women, infants and

19 children’’ and inserting ‘‘special nutrition pro20 gram for women, infants, and children’’.

21 (B) Section 685(b)(8) of the Individuals

22 with Disabilities Education Act (20 U.S.C.

23 1484a(b)(8)) is amended by striking ‘‘Special

24 Supplemental Food Program for Women, In25 fants and Children’’ and inserting ‘‘special nu-
11

•S 1614 RS

1 trition program for women, infants, and chil2 dren’’.

3 (C) Section 3803(c)(2)(C)(x) of title 31,

4 United States Code, is amended by striking

5 ‘‘special supplemental food program’’ and in6 serting ‘‘special nutrition program’’.

7 (D) Section 399(b)(6) of the Public Health

8 Service Act (42 U.S.C. 280c–6(b)(6)) is amend9 ed by striking ‘‘special supplemental food pro10 gram’’ and inserting ‘‘special nutrition pro11 gram’’.

12 (E) Paragraphs (11)(C) and (53)(A) of

13 section 1902(a) of the Social Security Act (42

14 U.S.C. 1396a(a)) are each amended by striking

15 ‘‘special supplemental food program’’ and in16 serting ‘‘special nutrition program’’.

17 (F) Section 202 of the Children’s Nutri18 tion Assistance Act of 1992 (Public Law 102–

19 512; 42 U.S.C. 1786 note) is amended by strik20 ing ‘‘special supplemental food program’’ each

21 place it appears and inserting ‘‘special nutrition

22 program’’.
12

•S 1614 RS

1 TITLE II—SCHOOL BREAKFAST

2 AND RELATED PROGRAMS

3 SEC. 201. PROVIDING MILK TO LOW-INCOME CHILDREN.

4 Section 3(a)(2) of the Child Nutrition Act of 1966

5 (42 U.S.C. 1772(a)(2)) is amended—

6 (1) by inserting ‘‘(A)’’ after ‘‘shall not apply

7 to’’;

8 (2) by striking ‘‘kindergarten’’; and

9 (3) by inserting before the period at the end the

10 following: ‘‘, (B) elementary schools in which at least

11 60 percent of the children participating in the school

12 lunch program authorized under the National School

13 Lunch Act (42 U.S.C. 1751 et seq.) are eligible for

14 free or reduced price lunches, or (C) schools that do

15 not participate in the school lunch program but that

16 participate in the school breakfast program author17 ized under this Act’’.

18 SEC. 202. ELIMINATION OF COST BASIS FOR SEVERE NEED

19 REIMBURSEMENT.

20 Section 4(d) of the Child Nutrition Act of 1966 (42

21 U.S.C. 1773(d)) is amended—

22 (1) in paragraph (1)(B), by striking ‘‘, and in

23 which’’ and all that follows through ‘‘program’’; and

24 (2) by striking paragraph (2) and inserting the

25 following new paragraph:
13

•S 1614 RS

1 ‘‘(2) If at least 40 percent of the students at a school

2 who participate in the school lunch program established

3 under the National School Lunch Act (42 U.S.C. 1751

4 et seq.) are eligible to receive meals at free or reduced

5 prices, the school shall be entitled to receive the meal reim6 bursement rate specified in subsection (b)(2).’’.

7 SEC. 203. LOW-FAT YOGURT AS AN ALLOWABLE CHOICE.

8 Section 4(e)(1) of the Child Nutrition Act of 1966

9 (42 U.S.C. 1773(e)(1)) is amended by adding at the end

10 the following new sentences: ‘‘The Secretary shall permit

11 schools to offer low-fat yogurt as an alternative for eggs,

12 meats, or other meat alternatives in the school breakfast

13 program. The Secretary may require that the yogurt be

14 enriched with proteins or other nutrients.’’.

15 SEC. 204. PROMOTION OF SCHOOL BREAKFAST PROGRAM.

16 Section 4(f)(1) of the Child Nutrition Act of 1966

17 (42 U.S.C. 1773(f)(1)) is amended—

18 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

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

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

22 the Secretary shall establish a program to promote the

23 school breakfast program by—
14

•S 1614 RS

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

2 expands participation in the program by schools and

3 students; and

4 ‘‘(ii) improving public education and outreach

5 efforts that enhance the public image of the pro6 gram.’’.

7 SEC. 205. STARTUP COSTS FOR SCHOOL BREAKFAST PRO8 GRAM.

9 Section 4(g)(1) of the Child Nutrition Act of 1966

10 (42 U.S.C. 1773(g)(1)) is amended—

11 (1) in the first sentence, by striking ‘‘and

12 $5,000,000 for each of the fiscal years 1991, 1992,

13 1993, and 1994,’’ and inserting ‘‘, $5,000,000 for

14 each of fiscal years 1991 through 1994, and

15 $9,000,000 for each of fiscal years 1995 through

16 1998,’’; and

17 (2) by inserting after the first sentence the fol18 lowing new sentence: ‘‘Of the amounts made avail19 able under the preceding sentence for fiscal years

20 1995 through 1998, not more than $3,000,000 shall

21 be used to carry out the expansion program author22 ized by subsection (i) for each of fiscal years 1995

23 and 1996, and not more than $4,000,000 shall be

24 used to carry out the expansion program for each of

25 fiscal years 1997 and 1998.’’.
15

•S 1614 RS

1 SEC. 206. EXPANSION OF SCHOOL BREAKFAST PROGRAMS.

2 Section 4 of the Child Nutrition Act of 1966 (42

3 U.S.C. 1773) is amended by adding at the end the follow4 ing new subsection:

5 ‘‘EXPANSION OF PROGRAMS

6 ‘‘(h)(1) With funds made available to carry out this

7 subsection under subsection (g)(1), the Secretary shall

8 make payments on a competitive basis to State edu9 cational agencies in a substantial number of States for dis10 tribution to eligible schools to assist the schools with ex11 penses incurred in expanding a school breakfast program

12 established under this section. Payments received under

13 this subsection shall be in addition to payments to which

14 State educational agencies are entitled under subsection

15 (b).

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

17 any fiscal year, the Secretary shall provide a preference

18 to State educational agencies that submit to the Sec19 retary—

20 ‘‘(A) a plan to expand school breakfast pro21 grams conducted in the State, including a descrip22 tion of—

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

24 provide technical assistance and funding to

25 schools in the State to expand the programs; or
16

•S 1614 RS

1 ‘‘(ii) significant public or private resources

2 that have been assembled to carry out the ex3 pansion of the programs during the year; or

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

5 ‘‘(i) equipment, including the purchase, re6 placement, or upgrading of equipment associ7 ated with expanding the school breakfast pro8 gram; or

9 ‘‘(ii) other needs, including a need for tem10 porary personnel, or funds to defray adminis11 trative or other costs associated with expanding

12 the school breakfast program.

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

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

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

16 SEC. 207. STATE ADMINISTRATIVE EXPENSES.

17 Section 7 of the Child Nutrition Act of 1966 (42

18 U.S.C. 1776) is amended—

19 (1) in subsection (a)(2)—

20 (A) in the first sentence, by inserting after

21 ‘‘1 percent’’ the following: ‘‘plus $780,000,’’;

22 and

23 (B) in the second sentence, by striking

24 ‘‘September 30, 1981, or $100,000’’ and insert25 ing ‘‘September 30, 1993, or $175,000’’; and
17

•S 1614 RS

1 (2) by striking subsection (h) and inserting the

2 following new subsection:

3 ‘‘(h)(1) In addition to the funds allocated pursuant

4 to the other provisions of this section, the Secretary shall

5 make available to each State, for administrative costs in6 curred for any fiscal year in connection with the distribu7 tion of commodities, an amount equal to not less than 1

percent, and not more than 11 8 ⁄2 percent, of the value of

9 the commodities distributed by the Secretary to each State

10 pursuant to this Act and the National School Lunch Act

11 (42 U.S.C. 1751 et seq).

12 ‘‘(2) The allocation required under this subsection

13 shall be made to the State agency responsible for the dis14 tribution of commodities authorized under this Act and

15 the National School Lunch Act.’’.

16 SEC. 208. CLARIFICATION OF AUTHORITY TO BAN JUNK

17 FOODS.

18 Section 10 of the Child Nutrition Act of 1966 (42

19 U.S.C. 1779) is amended—

20 (1) by designating the first, second, and third

21 sentences as subsections (a), (b), and (c), respec22 tively;

23 (2) in subsection (b) (as so designated)—
18

•S 1614 RS

1 (A) by striking ‘‘Such regulations’’ and in2 serting ‘‘(1) Except as provided in paragraph

3 (2), the regulations’’; and

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

5 paragraphs:

6 ‘‘(2) The regulations shall authorize State agencies

7 and school food authorities to establish rules and policies

8 that are more stringent than the minimum requirements

9 imposed by the Secretary, including prohibiting or control10 ling the sale of any competitive foods throughout the

11 school campus at any time during the school day.

12 ‘‘(3) The Secretary shall develop and recommend to

13 each State agency and school food authority model lan14 guage that bans the sale of competitive foods of minimal

15 nutritional value anywhere on school grounds before the

16 end of the last lunch period.’’.

17 SEC. 209. NUTRITION EDUCATION AND TRAINING PRO18 GRAM.

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

20 Nutrition Act of 1966 (42 U.S.C. 1788(f)(1)) is amend21 ed—

22 (1) by striking ‘‘for (A) employing’’ and insert23 ing ‘‘for—

24 ‘‘(A) employing’’;
19

•S 1614 RS

1 (2) by indenting the margins of each of sub2 paragraphs (B) through (I) as so to align with the

3 margin of subparagraph (A) (as amended by para4 graph (1));

5 (3) by striking ‘‘and’’ at the end of subpara6 graph (H);

7 (4) by redesignating subparagraph (I) as sub8 paragraph (Q); and

9 (5) by inserting after subparagraph (H) the fol10 lowing new subparagraphs:

11 ‘‘(I) providing funding for a nutrition compo12 nent in the health education curriculum offered to

13 children in kindergarten through grade 12;

14 ‘‘(J) instructing teachers, school administrators,

15 or other school staff on how to promote better nutri16 tional health and to motivate children to practice

17 sound eating habits;

18 ‘‘(K) developing means of providing nutrition

19 education to children and families of children

20 through after-school programs;

21 ‘‘(L) training in relation to healthy and nutri22 tious meals;

23 ‘‘(M) creating instructional programming for

24 teachers, school food service personnel, and parents

25 on the relationships between nutrition and health
20

•S 1614 RS

1 and the role of the food guide pyramid established

2 by the Secretary;

3 ‘‘(N) funding aspects of the Strategic Plan for

4 Nutrition and Education issued by the Secretary;

5 ‘‘(O) increasing evaluation efforts at the State

6 level regarding needs assessment for nutrition edu7 cation efforts;

8 ‘‘(P) encouraging public service advertisements

9 to promote healthy eating habits for children; and’’.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

11 19(i)(2)(A) of such Act is amended—

12 (1) by striking ‘‘and’’ at the end of clause (iii);

13 (2) by striking the period at the end of clause

14 (iv) and inserting ‘‘; and’’; and

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

16 clause:

17 ‘‘(v) $30,000,000 for each of fiscal years 1995

18 through 1998.’’.

19 TITLE III—SCHOOL LUNCH AND

20 RELATED PROGRAMS

21 SEC. 301. ELIMINATION OF WHOLE MILK REQUIREMENT.

22 Section 9(a)(2) of the National School Lunch Act (42

23 U.S.C. 1758(a)(2)) is amended by striking ‘‘fluid whole

24 milk and fluid unflavored lowfat milk’’ and inserting ‘‘fluid

25 milk’’.
21

•S 1614 RS

1 SEC. 302. LOW-FAT YOGURT AS AN ALLOWABLE CHOICE.

2 Section 9(a)(2) of the National School Lunch Act (42

3 U.S.C. 1758(a)(2)) is amended by adding at the end the

4 following new sentences: ‘‘The Secretary shall permit

5 schools to offer low-fat yogurt as an alternative for meats,

6 eggs, cooked dry beans or peas, peanut butter, or other

7 meat alternatives in the school lunch program. The Sec8 retary may require that the yogurt be enriched with pro9 teins or other nutrients.’’.

10 SEC. 303. REPORTS ON INCREASING CONSUMPTION OF

11 HEALTHY FOODS IN SCHOOL LUNCHES.

12 Not later than 3 years after the date of enactment

13 of this Act, the Secretary of Agriculture shall submit to

14 the appropriate committees of Congress—

15 (1) a report on the impact on the nutritional

16 health of children of increasing the number of

17 servings of fruits and vegetables offered or served in

18 lunches served by schools participating in the school

19 lunch program established under the National

20 School Lunch Act (42 U.S.C. 1751 et seq.) from 2

21 to 3 servings per lunch, including—

22 (A) a summary of school food practices re23 garding offerings of fruits and vegetables dur24 ing lunch; and

25 (B) a description of the desirability of pro26 viding an additional Federal reimbursement as
22

•S 1614 RS

1 an incentive to encourage schools to offer or

2 serve 3 or more fruits or vegetables per lunch;

3 (2) a report on means by which the Secretary

4 has encouraged students participating in the school

5 lunch program to increase consumption of—

6 (A) fresh fruits and vegetables;

7 (B) fiber-rich, low-sodium, whole grains,

8 breads, and pastas;

9 (C) low-fat, low-sodium soups and stews;

10 (D) low-fat yogurt, cheeses, and other

11 dairy products;

12 (E) reduced-fat or leaner meats;

13 (F) low-fat salad dressings; and

14 (G) other similar low-fat, reduced-fat, low15 sodium, or high-fiber foods; and

16 (3) a report on the actions the Secretary has

17 taken—

18 (A) to reduce the fat, saturated fat, so19 dium, or sugar content of the bonus and entitle20 ment commodities the Secretary donates to

21 schools; and

22 (B) to carry out paragraph (2) of section

23 14(b) of the National School Lunch Act (42

24 U.S.C. 1762a(b)) (as added by section

25 313(2)(B)).
23

•S 1614 RS

1 SEC. 304. INFORMATION TO PARENTS CONCERNING IMPOR2 TANCE OF NUTRITION.

3 Section 9(a) of the National School Lunch Act (42

4 U.S.C. 1758(a)) is amended by adding at the end the fol5 lowing new paragraph:

6 ‘‘(5)(A) The Secretary shall carry out a program to

7 assist States through grants-in-aid and other means to

8 provide information to parents concerning the importance

9 of nutrition for good health by carrying out parent-student

10 education programs and programs to encourage parents

11 to visit schools with their children to see the operation of

12 the school lunch program established under this Act and

13 the school breakfast program established under the Child

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

15 ‘‘(B) There are authorized to be appropriated to

16 carry out subparagraph (A) $2,000,000 for each fiscal

17 year.’’.

18 SEC. 305. INCOME GUIDELINES FOR FREE LUNCHES

19 SERVED TO ELEMENTARY SCHOOL STU20 DENTS.

21 The second sentence of section 9(b)(1)(A) of the Na22 tional School Lunch Act (42 U.S.C. 1758(b)(1)(A)) is

23 amended by inserting after ‘‘130 percent’’ the following:

24 ‘‘(or, in the case of a student attending an elementary

25 school, 185 percent)’’.
24

•S 1614 RS

1 SEC. 306. SCHOOL FLEXIBILITY.

2 Section 9(b)(5) of the National School Lunch Act (42

3 U.S.C. 1758(b)(5)) is amended by adding at the end the

4 following new sentences: ‘‘A State agency or local school

5 food authority shall use information concerning the eligi6 bility of a child for free or reduced price meals for the

7 purpose of determining the eligibility of the child for free

8 or reduced price meals. A State agency or local school food

9 authority may use a determination of the eligibility of a

10 child for free or reduced price meals to demonstrate the

11 eligibility of the child for benefits under other Federal,

12 State, or local means-tested programs.’’.

13 SEC. 307. AUTOMATIC ELIGIBILITY OF HEAD START PAR14 TICIPANTS.

15 Section 9(b)(6) of the National School Lunch Act (42

16 U.S.C. 1758(b)(6)) is amended—

17 (1) in subparagraph (A)—

18 (A) in the matter preceding clause (i), by

19 striking ‘‘a member of’’;

20 (B) in clause (i)—

21 (i) by inserting ‘‘a member of’’ after

22 ‘‘(i)’’; and

23 (ii) by striking ‘‘or’’ at the end of the

24 clause;

25 (C) in clause (ii)—
25

•S 1614 RS

1 (i) by inserting ‘‘a member of’’ after

2 ‘‘(ii)’’; and

3 (ii) by striking the period at the end

4 of the clause and inserting ‘‘; or’’; and

5 (D) by adding at the end the following new

6 clause:

7 ‘‘(iii) enrolled as a participant in the Head

8 Start program authorized under the Head Start Act

9 (42 U.S.C. 9831 et seq.).’’; and

10 (2) in subparagraph (B), by striking ‘‘food

11 stamps or aid to families with dependent children’’

12 and inserting ‘‘food stamps, aid to families with de13 pendent children, or enrollment or participation in

14 the Head Start program’’.

15 SEC. 308. SPECIAL ASSISTANCE PAYMENTS.

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

17 (42 U.S.C. 1759a(a)(1)) is amended by striking ‘‘lunches’’

18 each place it appears in the third and fourth sentences

19 and inserting ‘‘meals’’.

20 SEC. 309. PROMOTION OF HEALTHY EATING HABITS FOR

21 CHILDREN.

22 Section 12 of the National School Lunch Act (42

23 U.S.C. 1760) is amended by adding at the end the follow24 ing new subsection:
26

•S 1614 RS

1 ‘‘(j) The Secretary shall develop, and make available

2 to the public, public service advertisements that promote

3 healthy eating habits for children.’’.

4 SEC. 310. ORGANIC FOODS.

5 Section 12 of the National School Lunch Act (42

6 U.S.C. 1760) (as amended by section 309) is further

7 amended by adding at the end the following new sub8 section:

9 ‘‘(k)(1) The Secretary shall advise State educational

10 agencies and schools participating in the school lunch pro11 gram about the increased opportunities offered by the Or12 ganic Foods Production Act of 1990 (7 U.S.C. 6501 et

13 seq.), and by programs established under this subsection,

14 for schools to obtain organically produced agricultural

15 products (as defined in section 2103 of such Act (7 U.S.C.

16 6502)) (referred to in this subsection as ‘organically pro17 duced agricultural products’) such as meats, poultry prod18 ucts, fruits, products made from grains, dairy products,

19 and vegetables that are organically produced.

20 ‘‘(2) The Secretary shall—

21 ‘‘(A) establish an information clearinghouse to

22 provide information on where to obtain organically

23 produced agricultural products;
27

•S 1614 RS

1 ‘‘(B) collect, obtain, or develop information re2 garding the availability of organically produced agri3 cultural products; and

4 ‘‘(C) provide the information, or make the in5 formation readily available, to State educational

6 agencies and schools participating in the school

7 lunch program established under this Act or the

8 school breakfast program established under the

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

10 seq.).

11 ‘‘(3) Out of any moneys in the Treasury not other12 wise appropriated, the Secretary of the Treasury shall pro13 vide to the Secretary $2,000,000 for each of fiscal years

14 1995 through 1997. The Secretary shall be entitled to re15 ceive the funds and shall accept the funds.

16 ‘‘(4)(A) The Secretary shall use the funds provided

17 under paragraph (3) to provide to States and schools par18 ticipating in the school lunch program authorized under

19 this Act or the school breakfast program authorized under

20 section 4 of the Child Nutrition Act of 1966 (42 U.S.C.

21 1773)—

22 ‘‘(i) organically produced agricultural products

23 purchased by the Secretary; or

24 ‘‘(ii) incentive awards or other payments in

25 such amounts as the Secretary determines appro-
28

•S 1614 RS

1 priate to encourage the purchase of organically pro2 duced agricultural products by schools that agree to

3 purchase significant quantities of the products.

4 ‘‘(B) In carrying out subparagraph (A)(ii), the Sec5 retary may provide—

6 ‘‘(i) payments to schools to assist in covering

7 the price differential between products that are not

8 organically produced agricultural products and or9 ganically produced agricultural products;

10 ‘‘(ii) incentive awards to schools that agree to

11 purchase significant quantities (as determined by the

12 Secretary) of organically produced agricultural prod13 ucts during the school year; or

14 ‘‘(iii) other types of payments to schools to pro15 mote the use of organically produced agricultural

16 products by school lunch and breakfast programs.

17 ‘‘(5) The Secretary shall report to the appropriate

18 committees of Congress on the numbers of schools affected

19 by the program established under this subsection and on

20 the effectiveness of the program in encouraging the pur21 chase of organically produced agricultural products by

22 schools.

23 ‘‘(6) The Secretary may provide a priority for receiv24 ing funds under this subsection to schools that purchase

25 organically produced products from—
29

•S 1614 RS

1 ‘‘(A) socially disadvantaged farmers or ranchers

2 (as defined in section 2501(e)(2) of the Food, Agri3 culture, Conservation, and Trade Act of 1990 (7

4 U.S.C. 2279(e)(2)));

5 ‘‘(B) farmers or ranchers located in very rural

6 areas (as defined by the Secretary); or

7 ‘‘(C) farmers or ranchers who own or operate

8 small-scale or limited-resource farms or ranches (as

9 defined by the Secretary).’’.

10 SEC. 311. FOOD AND NUTRITION PROJECTS.

11 Section 12 of the National School Lunch Act (42

12 U.S.C. 1760) (as amended by section 310) is further

13 amended by adding at the end the following new sub14 section:

15 ‘‘(l)(1) The Secretary shall award on an annual basis

16 grants to private nonprofit educational organizations in 3

17 States to create and demonstrate food and nutrition

18 projects that are fully integrated with elementary school

19 curricula.

20 ‘‘(2) Each private nonprofit organization referred to

21 in paragraph (1) shall be selected by the Secretary and

22 shall—

23 ‘‘(A) assist local schools and educators in teach24 ing food and nutrition education that integrates
30

•S 1614 RS

1 math, science, and verbal skills in the elementary

2 grades;

3 ‘‘(B) assist local schools and educators in teach4 ing sustainable agricultural practices and ecology

5 through practical applications, like gardening;

6 ‘‘(C) assist in teaching the importance of com7 munity-based models to combat hunger;

8 ‘‘(D) create community service learning oppor9 tunities;

10 ‘‘(E) be experienced in assisting in the creation

11 of curriculum-based models in elementary schools;

12 ‘‘(F) be sponsored by an organization, or be an

13 organization, that provides information concerning

14 hunger and community involvement; and

15 ‘‘(G) be able to provide model curricula, exam16 ples, advice, and guidance to school, community

17 groups, States, and local organizations regarding

18 means of carrying out similar projects.

19 ‘‘(3) Out of any moneys in the Treasury not other20 wise appropriated, the Secretary of the Treasury shall pro21 vide to the Secretary for payment to each of the 3 private

22 nonprofit educational organizations selected under this

23 section not less than $100,000 nor more than $200,000

24 for each of fiscal years 1994 through 1998. The Secretary
31

•S 1614 RS

1 shall be entitled to receive the funds and shall accept the

2 funds.

3 ‘‘(4) The Secretary shall establish fair and reasonable

4 auditing procedures regarding the expenditure of funds

5 under this subsection.’’.

6 SEC. 312. SUMMER FOOD SERVICE PROGRAM FOR CHIL7 DREN.

8 (a) DEFINITION OF AREAS IN WHICH POOR ECO9 NOMIC CONDITIONS EXIST.—Section 13(a)(1)(C) of the

10 National School Lunch Act (42 U.S.C. 1761(a)(1)(C)) is

11 amended by striking ‘‘50 percent’’ and inserting ‘‘40 per12 cent’’.

13 (b) PRIVATE NONPROFIT ORGANIZATIONS.—

14 (1) LIMITS ON SITES AND NUMBER OF CHIL15 DREN SERVED.—Section 13(a)(7)(B) of such Act is

16 amended by striking clause (i) and inserting the fol17 lowing new clause:

18 ‘‘(i) serve a total of not more than 3,000 chil19 dren per day at not more than 20 sites, with not

20 more than 500 children being served at any 1 site;’’.

21 (2) VENDORS; WAITING PERIOD.—Section

22 13(a)(7) of such Act is amended—

23 (A) in subparagraph (B)(ii), by inserting

24 before the semicolon at the end the following: ‘‘,

25 except as provided in subparagraph (C)’’; and
32

•S 1614 RS

1 (B) by striking subparagraph (C) and in2 serting the following new subparagraph:

3 ‘‘(C) A State may, with the approval of the Secretary,

4 grant a waiver to a private nonprofit organization from

5 the eligibility requirements of subparagraph (B)(ii) to per6 mit the organization to obtain meals from a vendor under

7 the same terms and conditions as other service institu8 tions, if the State determines that other reasonable alter9 natives do not exist and that failure to grant a waiver will

10 result in the lack of the establishment of a feeding site

11 for children in the area.’’.

12 (c) SECOND HELPINGS.—Section 13(a) of such Act

13 is amended by adding at the end the following new para14 graph:

15 ‘‘(8) In carrying out this section, the Secretary shall

16 issue regulations that provide an allowance for second

17 helpings of up to 5 percent.’’.

18 (d) SINGLE RATE FOR OPERATIONAL AND ADMINIS19 TRATIVE COSTS.—

20 (1) IN GENERAL.—Paragraph (1) of section

21 13(b) of such Act is amended to read as follows:

22 ‘‘(1)(A) Except as otherwise provided in this para23 graph, payments to service institutions shall equal the full

24 cost of food service operations, including the cost of ob-
33

•S 1614 RS

1 taining, preparing, and serving food, and administrative

2 costs.

3 ‘‘(B) Payments to an institution may not exceed—

4 ‘‘(i) $2.2375 for each lunch and supper served;

5 ‘‘(ii) $1.2425 for each breakfast served; and

6 ‘‘(iii) 58.75 cents for each meal supplement

7 served.

8 ‘‘(C) The amounts specified in subparagraph (B)

9 shall be adjusted on January 1, 1994, and each January

1 thereafter, to the nearest 1 10 ⁄4 cent in accordance with

11 the changes for the 12-month period ending the preceding

12 November 30 in the series for food away from home of

13 the Consumer Price Index for All Urban Consumers pub14 lished by the Bureau of Labor Statistics of the Depart15 ment of Labor.

16 ‘‘(D) Notwithstanding any other provision of this

17 paragraph, reimbursement for administrative costs of a

18 service institution shall not exceed 12 percent of the total

19 reimbursement provided to the service institution under

20 this paragraph.’’.

21 (2) CONFORMING AMENDMENTS.—Section

22 13(b) of such Act is amended—

23 (A) in paragraph (3), by striking the sec24 ond sentence; and

25 (B) by striking paragraph (4).
34

•S 1614 RS

1 (e) OFFER VS. SERVE OPTION.—Section 13(b)(2) of

2 such Act is amended by adding at the end the following

3 new sentences: ‘‘The Secretary shall issue regulations that

4 allow schools that are service institutions and that prepare

5 and serve meals on-site to permit children to refuse 1 food

6 item that the children do not intend to consume without

7 lowering the Federal reimbursement levels that are due

8 under the program established by this section and be

9 treated in the same manner as a service institution that

10 serves meals under the program.’’.

11 (f) REIMBURSEMENT FOR TRANSPORTATION.—Sec12 tion 13(b) of such Act (as amended by subsection

13 (d)(2)(B)) is further amended by adding at the end the

14 following new paragraph:

15 ‘‘(4)(A) The Secretary shall provide an additional re16 imbursement to each eligible service institution located in

17 a very rural area (as defined by the Secretary) for the

18 cost of transporting each child to and from a feeding site

19 for children who are brought to the site by the service in20 stitution or for whom transportation is arranged by the

21 service institution.

22 ‘‘(B) Subject to subparagraph (C), the amount of re23 imbursement provided to a service institution under this

24 paragraph may not exceed the lesser of—
35

•S 1614 RS

1 ‘‘(i) 75 cents per day for each child transported

2 to and from a feeding site; or

3 ‘‘(ii) the actual cost of transporting children to,

4 and home from, a feeding site.

5 ‘‘(C) The amounts specified in subparagraph (B)

6 shall be adjusted in accordance with paragraph (1)(C).’’.

7 (g) STARTUP COSTS.—Section 13 of such Act is

8 amended—

9 (1) in subsection (g), by striking the second and

10 third sentences;

11 (2) by redesignating subsections (g) and (h) as

12 subsections (h) and (i), respectively; and

13 (3) by inserting after subsection (f) the follow14 ing new subsection:

15 ‘‘(g)(1) The Secretary shall make payments, totalling

16 not less than $2,000,000 for each fiscal year, to States

17 for distribution to service institutions in a substantial

18 number of States to assist the institutions with non19 recurring expenses incurred in initiating the summer food

20 service program. Payments received under this subsection

21 shall be in addition to payments to which States are enti22 tled under other provisions of this section and shall be

23 used for increasing the number of feeding sites or the total

24 meals served.
36

•S 1614 RS

1 ‘‘(2) In making payments under this subsection for

2 any fiscal year, the Secretary shall, to the maximum ex3 tent practicable, ensure a wide geographic distribution

4 among the States receiving the payments.

5 ‘‘(3) In making payments under this subsection for

6 any fiscal year, the Secretary shall provide a preference

7 to States—

8 ‘‘(A)(i) in which the number of children partici9 pating in the program authorized by this section

10 represents the lowest percentages of the number of

11 children receiving free or reduced price meals under

12 the national school lunch program; or

13 ‘‘(ii) that do not have a summer food service

14 program available to a large number of low-income

15 children in the State; and

16 ‘‘(B) that submit to the Secretary a plan to ex17 pand the programs conducted in the State, including

18 a description of—

19 ‘‘(i) the manner in which the State will

20 provide technical assistance to service institu21 tions in the State to expand the programs; or

22 ‘‘(ii) significant public or private resources

23 that have been assembled to carry out the ex24 pansion of the programs during the year.
37

•S 1614 RS

1 ‘‘(4) Funds made available under this subsection that

2 are not used by the State shall be available to the Sec3 retary for distribution to the States during the following

4 fiscal year, in accordance with procedures established by

5 the Secretary.

6 ‘‘(5) The Secretary shall allow States to apply on an

7 annual basis for assistance under this subsection.

8 ‘‘(6) In allocating funds within the State, each State

9 shall give preference for assistance under this subsection

10 to service institutions in areas that demonstrate the great11 est need for the program or that are in areas in which

12 poor economic conditions exist.

13 ‘‘(7) Each State shall ensure that—

14 ‘‘(A) service institutions receiving assistance

15 under this subsection establish additional feeding

16 sites that provide meal service to children in pre17 viously unserved areas; or

18 ‘‘(B) as a result of receiving the assistance,

19 service institutions serve more meals than were

20 served in the previous year.

21 ‘‘(8) Expenditures of funds from State and local

22 sources for the maintenance of the program shall not be

23 diminished as a result of payments received under this

24 subsection.
38

•S 1614 RS

1 ‘‘(9) Not later than January 1, 1996, the Secretary

2 shall submit a report to the Committee on Education and

3 Labor of the House of Representatives and the Committee

4 on Agriculture, Nutrition, and Forestry of the Senate con5 cerning the efforts of the Secretary and the States to in6 crease the participation of service institutions in the pro7 gram.

8 ‘‘(10) As used in this subsection, the term ‘service

9 institution’ means a service institution (as defined in sub10 section (a)(1)(B)) that—

11 ‘‘(A) will serve children a significant percentage

12 of whom are members of low-income families; and

13 ‘‘(B) agrees to operate the summer food service

14 program established with the assistance provided

15 under this subsection for a period of not less than

16 3 years.’’.

17 (h) AUTHORIZATION OF APPROPRIATIONS.—Section

18 13(r) of such Act is amended by striking ‘‘1994’’ and in19 serting ‘‘1998’’.

20 SEC. 313. COMMODITY DISTRIBUTION PROGRAM.

21 Section 14 of the National School Lunch Act (42

22 U.S.C. 1762a) is amended—

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

24 inserting ‘‘1998’’; and

25 (2) in subsection (b)—
39

•S 1614 RS

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

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

3 paragraphs:

4 ‘‘(2) The Secretary shall improve the overall nutri5 tional quality of entitlement commodities provided to

6 schools to assist the schools in furthering the nutritional

7 goals for meals established under section 24.

8 ‘‘(3) The Secretary shall—

9 ‘‘(A) require that nutritional content informa10 tion labels be placed on packages or shipments of

11 entitlement commodities provided to the schools; or

12 ‘‘(B) otherwise provide nutritional content in13 formation regarding the commodities provided to the

14 schools.’’.

15 SEC. 314. CHILD AND ADULT CARE FOOD PROGRAM.

16 (a) DEFINITION OF INSTITUTION.—The second sen17 tence of section 17(a) of the National School Lunch Act

18 (42 U.S.C. 1766(a)) is amended by striking ‘‘for which

19 it receives compensation from amounts granted to the

20 States under title XX of the Social Security Act (but only

21 if such organization receives compensation under such title

22 for at least 25 percent of its enrolled children or 25 per23 cent of its licensed capacity, whichever is less)’’ and insert24 ing ‘‘if at least 25 percent of the children served by the
40

•S 1614 RS

1 organization meet the income eligibility criteria estab2 lished under section 9(b) for free or reduced price meals’’.

3 (b) EXPANSION FUNDS.—Section 17(f)(3)(C) of such

4 Act is amended—

5 (1) in the last sentence, by striking ‘‘two

6 months’’ and inserting ‘‘6 months’’; and

7 (2) by adding at the end the following new sen8 tences: ‘‘Expansion funds may be used to conduct

9 outreach to unlicensed day care homes to enable the

10 day care homes to become licensed and to partici11 pate in the program established under this section.

12 A sponsoring organization may receive expansion

13 funds for no more than 50 day care homes.’’.

14 (c) EXTENSION.—Section 17(p)(5) of such Act is

15 amended by striking ‘‘1994’’ and inserting ‘‘1998’’.

16 (d) MEDICAID AND WIC INFORMATION.—Section 17

17 of such Act is amended by adding at the end the following

18 new subsection:

19 ‘‘(q)(1)(A) The Secretary shall provide materials con20 cerning the medical assistance program established under

21 title XIX of the Social Security Act (42 U.S.C. 1396 et

22 seq.) (referred to in this subsection as the ‘medicaid pro23 gram’) to State agencies for use in carrying out the pro24 gram established under this section.
41

•S 1614 RS

1 ‘‘(B) The materials shall inform State agencies about

2 the availability and importance of—

3 ‘‘(i) the medicaid program to children from low4 income families, including a basic explanation of

5 program benefits and national income standards;

6 and

7 ‘‘(ii) the medicaid program components estab8 lished for low-income elderly and disabled persons

9 under subparagraphs (A)(ii)(X) and (E) of section

10 1902(a)(10) of the Social Security Act (42 U.S.C.

11 1396a(a)(10)), including a basic explanation of pro12 gram benefits and national income standards.

13 ‘‘(C) The Secretary—

14 ‘‘(i) may request that the Secretary of Health

15 and Human Services assist in the preparation of the

16 materials; and

17 ‘‘(ii) shall submit the materials to the Secretary

18 of Health and Human Services for comment prior to

19 submitting the materials to State agencies.

20 ‘‘(2) The Secretary shall also provide State agencies

21 with basic information concerning the importance and

22 benefits of the special nutrition program for women, in23 fants, and children authorized under section 17 of the

24 Child Nutrition Act of 1966 (42 U.S.C. 1786).

25 ‘‘(3) The State agency shall—
42

•S 1614 RS

1 ‘‘(A) provide each child care institution partici2 pating in the program established under this section,

3 other than institutions providing day care outside

4 school hours for schoolchildren, with materials that

5 include—

6 ‘‘(i) a basic explanation of the benefits and

7 importance of—

8 ‘‘(I) health care coverage provided to

9 young low-income children under the med10 icaid program; and

11 ‘‘(II) the special nutrition program for

12 women, infants, and children;

13 ‘‘(ii) the maximum income limits, accord14 ing to family size, applicable to children up to

15 age 5 in the State under the medicaid program

16 and under the special nutrition program for

17 women, infants, and children; and

18 ‘‘(iii) a listing of the addresses and phone

19 numbers of offices at which parents may apply;

20 ‘‘(B) provide each adult day care center partici21 pating in the program established under this section

22 with materials that include—

23 ‘‘(i) a basic explanation of benefits pro24 vided under subparagraphs (A)(ii)(X) and (E)
43

•S 1614 RS

1 of section 1902(a)(10) of the Social Security

2 Act;

3 ‘‘(ii) information on the income limits for

4 the benefits by household size; and

5 ‘‘(iii) a listing of addresses and phone

6 numbers of offices at which low-income elderly

7 and disabled persons may apply for the bene8 fits;

9 ‘‘(C) annually provide the institutions with an

10 update of the information on income limits described

11 in subparagraphs (A)(ii) and (B)(ii);

12 ‘‘(D) ensure that, at least once a year, the insti13 tutions to which subparagraph (A) applies provide

14 written information to parents that includes—

15 ‘‘(i) basic information on the benefits pro16 vided under the medicaid program and the spe17 cial nutrition program for women, infants, and

18 children;

19 ‘‘(ii) information on the maximum income

20 limits, according to family size, applicable to

21 each program; and

22 ‘‘(iii) information on where parents may

23 apply to participate in each program; and
44

•S 1614 RS

1 ‘‘(E) ensure that, at least once a year, adult

2 day care centers provide written information to pro3 gram participants that provides—

4 ‘‘(i) basic information on the benefits pro5 vided under subparagraphs (A)(ii)(X) and (E)

6 of section 1902(a)(10) of the Social Security

7 Act;

8 ‘‘(ii) information on the income limits, by

9 household size, applicable to the benefits; and

10 ‘‘(iii) information on where low-income and

11 disabled persons may apply for the benefits.’’.

12 SEC. 315. MEAL SUPPLEMENTS FOR CHILDREN IN AFTER13 SCHOOL CARE.

14 Section 17A of the National School Lunch Act (42

15 U.S.C. 1766a) is amended—

16 (1) in subsection (a)(2)—

17 (A) by inserting ‘‘and’’ at the end of sub18 paragraph (A);

19 (B) by striking ‘‘; and’’ at the end of sub20 paragraph (B) and inserting a period; and

21 (C) by striking subparagraph (C); and

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

24 ‘‘(e) AUTOMATIC ELIGIBILITY.—
45

•S 1614 RS

1 ‘‘(1) IN GENERAL.—A child shall be considered

2 automatically eligible for a free or reduced price

3 meal supplement under this section, without further

4 application or eligibility determination, if the child

5 has been certified as eligible for free or reduced

6 price breakfasts or lunches under the Child Nutri7 tion Act of 1966 (42 U.S.C. 1771 et seq.) or this

8 Act, respectively.

9 ‘‘(2) PROOF.—Proof of eligibility for free or re10 duced price breakfasts or lunches shall be sufficient

11 to satisfy any verification requirement imposed for

12 meal supplements under this section.’’.

13 SEC. 316. DEMONSTRATION PROJECTS TO IMPROVE FOOD

14 SERVICE FOR HOMELESS CHILDREN.

15 Section 18(c) of the National School Lunch Act (42

16 U.S.C. 1769(c)) is amended—

17 (1) in paragraph (1), by inserting after ‘‘(1)’’

18 the following new sentences: ‘‘Out of any moneys in

19 the Treasury not otherwise appropriated, the Sec20 retary of the Treasury shall provide to the Secretary

21 to carry out this subsection $4,000,000 for fiscal

22 year 1995, $5,000,000 for fiscal year 1996,

23 $8,000,000 for fiscal year 1997, and $10,000,000

24 for fiscal year 1998. The Secretary shall be entitled

25 to receive the funds and shall accept the funds.’’;
46

•S 1614 RS

1 (2) in the first sentence of paragraph (5)(A)—

2 (A) by inserting ‘‘or provided’’ after ‘‘ap3 propriated’’;

4 (B) by striking ‘‘and’’ after ‘‘1993,’’; and

5 (C) by inserting after ‘‘1994,’’ the follow6 ing: ‘‘, and the amount specified in paragraph

7 (1) for each of fiscal years 1995 through

8 1998’’;

9 (3) in paragraph (6)—

10 (A) by inserting ‘‘(A)’’ after ‘‘(6)’’;

11 (B) by striking ‘‘1994’’ and inserting

12 ‘‘1998’’; and

13 (C) by adding at the end the following new

14 subparagraph:

15 ‘‘(B)(i) For any fiscal year in which all the funds pro16 vided for homeless demonstration programs established

17 under this subsection are not completely used, the Sec18 retary shall transfer the unused funds for the fiscal year

19 to the Secretary of the Treasury.

20 ‘‘(ii) For each fiscal year for which funds are trans21 ferred to the Secretary of the Treasury under clause (i),

22 the Secretary of Agriculture shall submit a report to the

23 appropriate committees of Congress that includes—

24 ‘‘(I) an explanation of the actions the Secretary

25 has taken to carry out paragraph (7);
47

•S 1614 RS

1 ‘‘(II) an estimate, if practicable, of the number

2 of children living in homeless shelters who are not

3 served by the program established under this sub4 section; and

5 ‘‘(III) a detailed plan for expanding the pro6 gram so that more eligible children may participate

7 in the program.’’; and

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

9 paragraph:

10 ‘‘(8)(A) Out of the funds provided under paragraph

11 (1), the Secretary shall use funds, for each of fiscal years

12 1995 through 1998, to carry out programs operated by

13 shelters, halfway houses, and hospitals described in sub14 paragraph (B) that the Secretary has approved for partici15 pation, for the purpose of providing nutrition counseling,

16 nutrition assessments, and referrals to individuals partici17 pating in—

18 ‘‘(i) the program established under this sub19 section;

20 ‘‘(ii) the special nutrition program for women,

21 infants, and children established under section 17 of

22 the Child Nutrition Act of 1966 (42 U.S.C. 1786);

23 ‘‘(iii) the medical assistance program estab24 lished under title XIX of the Social Security Act (42
48

•S 1614 RS

1 U.S.C. 1396 et seq.) (also known as the ‘medicaid

2 program’); and

3 ‘‘(iv) similar programs for homeless pregnant

4 women, pregnant women at risk of becoming home5 less, homeless mothers with newborn infants, or the

6 guardians of boarder babies or other abandoned in7 fants.

8 ‘‘(B) Programs administered by halfway houses,

9 homeless shelters, hospitals, or transitional housing orga10 nizations under subparagraph (A), if approved by the Sec11 retary, may receive funding under this paragraph for pur12 poses specified in regulations of the Secretary.

13 ‘‘(C) The Secretary shall impose such auditing and

14 recordkeeping requirements as are necessary to monitor

15 the use of Federal funds to carry out this paragraph.

16 ‘‘(D) The Secretary shall periodically report to the

17 appropriate committees of Congress on the referral and

18 nutrition counseling and assessment programs carried out

19 under this paragraph.’’.

20 SEC. 317. PILOT PROGRAM TO INCREASE OFFERINGS OF

21 FRUITS AND VEGETABLES.

22 Section 18 of the National School Lunch Act (42

23 U.S.C. 1769) is amended by adding at the end the follow24 ing new subsection:
49

•S 1614 RS

1 ‘‘(e)(1) The Secretary shall establish a national pilot

2 program (referred to in this subsection as the ‘pilot pro3 gram’) to assist schools participating in the school lunch

4 program established under this Act, and the school break5 fast program established under section 4 of the Child Nu6 trition Act of 1966 (42 U.S.C. 1773), to offer participat7 ing students additional choices of fruits and vegetables.

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

9 which schools may apply to participate in the pilot pro10 gram. To the maximum extent practicable, the Secretary

11 shall select qualified schools that apply from each State.

12 ‘‘(3) The Secretary shall use the funds provided

13 under this subsection to provide to the schools referred

14 to in paragraph (1)—

15 ‘‘(A) per meal reimbursements, in addition to

16 reimbursements otherwise due the schools;

17 ‘‘(B) incentive awards to schools that agree to

18 increase their offerings of fruits and vegetables dur19 ing the school year; or

20 ‘‘(C) fruits and vegetables purchased by the

21 Secretary.

22 ‘‘(4) The Secretary may provide a priority for receiv23 ing benefits under this subsection to schools that—

24 ‘‘(A) are located in low-income areas (as de25 fined by the Secretary);
50

•S 1614 RS

1 ‘‘(B) rarely offer 3 or more servings of fruits or

2 vegetables per meal; or

3 ‘‘(C) purchase or agree to purchase a substan4 tial portion of their fruits and vegetables from—

5 ‘‘(i) socially disadvantaged farmers (as de6 fined in section 2501(e)(2) of the Food, Agri7 culture, Conservation, and Trade Act of 1990

8 (7 U.S.C. 2279(e)(2)));

9 ‘‘(ii) farmers located in very rural areas

10 (as defined by the Secretary); or

11 ‘‘(iii) farmers who own or operate small12 scale or limited-resource farms (as defined by

13 the Secretary).

14 ‘‘(5) Not later than March 31, 1996, and March 31,

15 1997, the Secretary shall report to the appropriate com16 mittees of Congress on the impact of the pilot program

17 on participating schools, including—

18 ‘‘(A) the extent to which school children in19 creased consumption of fruits and vegetables;

20 ‘‘(B) the extent of any increase in costs to the

21 schools in offering the additional fruits or vegeta22 bles;

23 ‘‘(C) the desirability of—

24 ‘‘(i) requiring that each school participat25 ing in the school lunch program increase the
51

•S 1614 RS

1 number of servings of fruits or vegetables of2 fered per meal to at least 3 servings; and

3 ‘‘(ii) mandating that the Secretary provide

4 additional Federal reimbursements to assist

5 schools in complying with the proposed require6 ment described in clause (i); and

7 ‘‘(D) the extent to which fresh, frozen, and

8 canned foods are offered under the pilot program.

9 ‘‘(6) Out of any moneys in the Treasury not other10 wise appropriated, the Secretary of the Treasury shall pro11 vide to the Secretary to carry out this subsection

12 $40,000,000 for each of fiscal years 1995 through 1997.

13 The Secretary shall be entitled to receive the funds and

14 shall accept the funds.’’.

15 SEC. 318. PILOT PROGRAM TO INCREASE CONSUMPTION OF

16 LOW-FAT DAIRY PRODUCTS AND LEAN

17 MEATS.

18 Section 18 of the National School Lunch Act (42

19 U.S.C. 1769) (as amended by section 317) is further

20 amended by adding at the end the following new sub21 section:

22 ‘‘(f)(1) The Secretary shall establish a national pilot

23 program (referred to in this subsection as the ‘pilot pro24 gram’) to better assist schools participating in the school

25 lunch program established under this Act and the school
52

•S 1614 RS

1 breakfast program established under section 4 of the Child

2 Nutrition Act of 1966 (42 U.S.C. 1773) to offer low-fat

3 dairy products and lean meats and poultry products.

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

5 which schools may apply to participate in the pilot pro6 gram. To the maximum extent practicable, the Secretary

7 shall select qualified schools that apply from each State.

8 ‘‘(3) The Secretary shall purchase, and provide to

9 schools selected to participate in the pilot program, low10 fat dairy products and lean meats and poultry products.

11 ‘‘(4) Not later than March 31, 1996, and March 31,

12 1997, the Secretary shall report to the appropriate com13 mittees of Congress on the impact of the pilot program

14 on participating schools, including—

15 ‘‘(A) the extent to which school children in16 creased consumption of low-fat dairy products and

17 lean meats and poultry products; and

18 ‘‘(B) alternative means of providing additional

19 offerings of low-fat dairy products and lean meats

20 and poultry products in the school lunch and break21 fast programs.

22 ‘‘(5) Out of any moneys in the Treasury not other23 wise appropriated, the Secretary of the Treasury shall pro24 vide to the Secretary to carry out the pilot program with

25 respect to the purchase and distribution of—
53

•S 1614 RS

1 ‘‘(A) low-fat dairy products, $35,000,000 for

2 each of fiscal years 1995 through 1997; and

3 ‘‘(B) lean meats and poultry products,

4 $10,000,000 for each of fiscal years 1995 through

5 1997.

6 ‘‘(6) The Secretary shall be entitled to receive the

7 funds described in paragraph (5) and shall accept the

8 funds.’’.

9 SEC. 319. PILOT PROJECTS FOR FORTIFIED FLUID MILK;

10 INFORMATION ON FORTIFIED MILK.

11 (a) IN GENERAL.—Section 18 of the National School

12 Lunch Act (42 U.S.C. 1769) (as amended by section 318)

13 is further amended by adding at the end the following new

14 subsection:

15 ‘‘(g)(1) The Secretary shall establish pilot projects in

16 at least 25 school districts under which the milk offered

17 by schools meets the fortification requirements of para18 graph (3) for lowfat, skim, and other forms of fluid milk.

19 ‘‘(2) The Secretary shall make available to school dis20 tricts information that compares the nutritional benefits

21 of fluid milk that meets the fortification requirements of

22 paragraph (3) and the nutritional benefits of other milk

23 that is made available through the school lunch program

24 established under this Act.
54

•S 1614 RS

1 ‘‘(3) The fortification requirements for fluid milk for

2 the pilot project referred to in paragraph (1) shall provide

3 that—

4 ‘‘(A) all whole milk in final package form for

5 beverage use shall contain not less than—

6 ‘‘(i) 3.25 percent milk fat; and

7 ‘‘(ii) 8.7 percent milk solids not fat;

8 ‘‘(B) all lowfat milk in final package form for

9 beverage use shall contain not less than 10 percent

10 milk solids not fat; and

11 ‘‘(C) all skim milk in final package form for

12 beverage use shall contain not less than 9 percent

13 milk solids not fat.

14 ‘‘(4)(A) In selecting where to establish pilot projects

15 under this subsection, the Secretary shall take into ac16 count, among other factors, the availability of fortified

17 milk and the interest of the school district in being in18 cluded in the pilot program.

19 ‘‘(B) The Secretary shall establish the pilot projects

20 in as many geographic areas as practicable, except that

21 none of the projects shall be established in school districts

22 that use milk described in paragraph (3) or similar milk.

23 ‘‘(5) Not later than 2 years after the establishment

24 of pilot projects under this subsection, the Secretary shall

25 report to the appropriate committees of Congress on—
55

•S 1614 RS

1 ‘‘(A) the effect of the pilot program on the nu2 trition and health of children;

3 ‘‘(B) the acceptability of fortified whole, lowfat,

4 and skim milk products to participating children and

5 teachers;

6 ‘‘(C) the impact of offering the milk on milk

7 consumption;

8 ‘‘(D) the views of the school food service au9 thorities on the pilot program; and

10 ‘‘(E) any increases or reductions in costs attrib11 uted to the pilot program.

12 ‘‘(6) The Secretary shall—

13 ‘‘(A) obtain copies of research studies and pa14 pers that discuss the impact of the fortification of

15 milk pursuant to standards established by the State

16 of California in the early 1960’s; and

17 ‘‘(B) make the information available to the pub18 lic.

19 ‘‘(7)(A) The pilot projects established under this sub20 section shall terminate on the last day of the third year

21 after the establishment of the pilot projects.

22 ‘‘(B) The Secretary shall advise representatives of all

23 districts participating in the pilot projects that the dis24 tricts may continue to offer the fortified forms of milk de25 scribed in paragraph (3) after the project terminates.’’.
56

•S 1614 RS

1 (b) INFORMATION ON FORTIFIED MILK.—Section

2 9(a) of such Act (7 U.S.C. 1758(a)) (as amended by sec3 tion 304) is further amended by adding at the end the

4 following new paragraph:

5 ‘‘(6)(A) In the case of fluid milk offered under the

6 national school lunch program established under this Act,

7 the school breakfast program established under section 4

8 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), and

9 the special milk program established under section 3 of

10 such Act (42 U.S.C. 1772), the Secretary shall establish

11 a program under which schools may obtain information

12 about where to obtain milk described in section 18(g)(3).

13 ‘‘(B) The Secretary shall notify State educational

14 agencies and participating schools about the possible bene15 fits to school children of the milk described in section

16 18(g)(3) and of the availability of the informational serv17 ice made available under this paragraph.

18 ‘‘(C) Not later than 120 days after the date of enact19 ment of this paragraph, the Secretary shall issue an eval20 uation that compares the nutritional value of—

21 ‘‘(i) milk that is fortified as described in section

22 18(g)(3);

23 ‘‘(ii) milk that is fortified in a similar manner

24 to milk described in clause (i); and
57

•S 1614 RS

1 ‘‘(iii) milk not fortified as described in clause (i)

2 or (ii).’’.

3 SEC. 320. FOOD SERVICE MANAGEMENT INSTITUTE AND

4 OTHER INSTITUTIONS.

5 Section 21 of the National School Lunch Act (42

6 U.S.C. 1769b–1) is amended—

7 (1) in subsection (b)—

8 (A) by striking ‘‘and’’ at the end of para9 graph (2);

10 (B) by striking the period at the end of

11 paragraph (3) and inserting ‘‘; and’’; and

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

13 paragraph:

14 ‘‘(4) in the case of a food service management

15 institute established as authorized by subsection

16 (a)(2) and other institutions (such as a culinary in17 stitute)—

18 ‘‘(A) training food service personnel to

19 comply with the nutrition guidance and objec20 tive referred to in section 24(b) through a na21 tional network of instructors or other means;

22 ‘‘(B) preparing informational materials,

23 such as video instruction tapes and menu plan24 ners, to promote healthier food preparation; and
58

•S 1614 RS

1 ‘‘(C) assisting State educational agencies

2 in providing additional nutrition and health in3 structions and instructors.’’; and

4 (2) in subsection (e)—

5 (A) in paragraph (1), by striking ‘‘1992,

6 1993, and 1994’’ and inserting ‘‘1992 through

7 1998’’; and

8 (B) in paragraph (2), by striking ‘‘1991,

9 1992, 1993, and 1994’’ and inserting ‘‘1991

10 through 1998’’.

11 SEC. 321. COMPLIANCE AND ACCOUNTABILITY.

12 Not later than 90 days after the date of enactment

13 of this Act, the Secretary of Agriculture shall submit a

14 report to the Committee on Education and Labor of the

15 House of Representatives and the Committee on Agri16 culture, Nutrition, and Forestry of the Senate that ana17 lyzes—

18 (1) the status of the coordinated review system

19 authorized under section 22 of the National School

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

21 (2) the advantages and disadvantages of the

22 system; and

23 (3) the cost impact of the system on schools.
59

•S 1614 RS

1 SEC. 322. NUTRITION GUIDANCE FOR CHILD NUTRITION

2 PROGRAMS.

3 (a) IN GENERAL.—Section 24 of the National School

4 Lunch Act (42 U.S.C. 1769e) is amended—

5 (1) by striking subsection (b) and inserting the

6 following new subsection:

7 ‘‘(b) REVISION OF MENU PLANNING GUIDES.—

8 ‘‘(1) FAT CONTENT.—The Secretary shall in9 clude in menu planning guides the recommendation

10 provided in the April 1992 version of the publication

11 that menus achieve an average fat content of 30 per12 cent of calories from fat and that saturated fat in13 take should be reduced to an average of 10 percent

14 or less of calories.

15 ‘‘(2) REVISED RECOMMENDATIONS.—The Sec16 retary shall, as necessary, revise the menu planning

17 guides for each covered program to include rec18 ommendations for the implementation of nutrition

19 guidance described in the publication, including re20 vised recommendations in the publication concerning

21 the consumption of fat and saturated fat.’’;

22 (2) in subsection (c), by inserting after ‘‘publi23 cation’’ the following: ‘‘, including the guidance re24 garding fat and saturated fat consumption,’’; and
60

•S 1614 RS

1 (3) in subsection (d), by inserting after ‘‘publi2 cation’’ the following: ‘‘, including the guidance re3 garding fat and saturated fat consumption’’.

4 (b) REPORT.—Not later than July 1, 1995, the Sec5 retary of Agriculture shall submit to the appropriate com6 mittees of Congress a report that—

7 (1) describes actions taken to ensure compli8 ance with the requirements of section 24 of the Na9 tional School Lunch Act (42 U.S.C. 1769e); and

10 (2) makes recommendations regarding the use11 fulness of specific guidelines for dietary fiber, so12 dium, and sugar regarding the school lunch and

13 breakfast programs established under the National

14 School Lunch Act (42 U.S.C. 1751 et seq.) and the

15 Child Nutrition Act of 1966 (42 U.S.C. 1771 et

16 seq.), respectively.

17 (c) REGULATIONS.—Not later than 150 days after

18 the date of enactment of this Act, the Secretary of Agri19 culture shall issue final regulations to implement section

20 24 of the National School Lunch Act (as amended by sub21 section (a)).

22 SEC. 323. INFORMATION CLEARINGHOUSE.

23 The National School Lunch Act (42 U.S.C. 1751 et

24 seq.) is amended by adding at the end the following new

25 section:
61

•S 1614 RS

1 ‘‘SEC. 25. INFORMATION CLEARINGHOUSE.

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

3 a contract with a nongovernmental organization described

4 in subsection (b) to establish and maintain a clearinghouse

5 to provide information to nongovernmental groups located

6 throughout the United States that assist low-income indi7 viduals or communities regarding food assistance, self-help

8 activities to aid individuals in becoming self-reliant, and

9 other activities that empower low-income individuals or

10 communities to improve the lives of low-income individuals

11 and reduce reliance on Federal, State, or local govern12 mental agencies for food or other assistance.

13 ‘‘(b) NONGOVERNMENTAL ORGANIZATION.—The

14 nongovernmental organization referred to in subsection

15 (a) shall be selected on a competitive basis and shall—

16 ‘‘(1) be experienced in the gathering of first17 hand information in all the States through on-site

18 visits to grassroots organizations in each State that

19 fight hunger and poverty or that assist individuals

20 in becoming self-reliant;

21 ‘‘(2) be experienced in the establishment of a

22 clearinghouse similar to the clearinghouse described

23 in subsection (a);

24 ‘‘(3) agree to contribute in-kind resources to25 wards the establishment and maintenance of the

26 clearinghouse and agree to provide the clearinghouse
62

•S 1614 RS

1 information, free of charge, to the Secretary, States,

2 counties, cities, antihunger groups, and grassroots

3 organizations that assist individuals in becoming

4 self-sufficient and self-reliant;

5 ‘‘(4) be sponsored by an organization, or be an

6 organization, that—

7 ‘‘(A) has helped combat hunger for at least

8 10 years;

9 ‘‘(B) is committed to reinvesting in the

10 United States; and

11 ‘‘(C) is knowledgeable regarding Federal

12 nutrition programs;

13 ‘‘(5) be experienced in communicating the pur14 pose of the clearinghouse through the media, includ15 ing the radio and print media, and be able to pro16 vide access to the clearinghouse information through

17 computer or telecommunications technology, as well

18 as through the mails; and

19 ‘‘(6) be able to provide examples, advice, and

20 guidance to communities, States, counties, cities,

21 antihunger groups, and local organizations regarding

22 means of assisting individuals and communities to

23 reduce reliance on government programs, to reduce

24 hunger and to improve nutrition, and to otherwise
63

•S 1614 RS

1 assist low-income individuals and communities be2 come more self-sufficient.

3 ‘‘(c) AUDITS.—The Secretary shall establish fair and

4 reasonable auditing procedures regarding the expenditures

5 of funds to carry out this section.

6 ‘‘(d) FUNDING.—Out of any moneys in the Treasury

7 not otherwise appropriated, the Secretary of the Treasury

8 shall pay to the Secretary to provide to the organization

9 selected under this section, to establish and maintain the

10 information clearinghouse, $200,000 for each of fiscal

11 years 1995 and 1996, $150,000 for fiscal year 1997, and

12 $75,000 for fiscal year 1998. The Secretary shall be enti13 tled to receive the funds and shall accept the funds.’’.

14 TITLE IV—PROGRAM INTEGRITY

15 SEC. 401. FINDINGS.

16 Congress finds that—

17 (1) in recent years, there has been an alarming

18 number of instances of price-fixing and bid-rigging

19 regarding foods purchased for—

20 (A) the school lunch program established

21 under the National School Lunch Act (42

22 U.S.C. 1751 et seq.); and

23 (B) the school breakfast program estab24 lished under the Child Nutrition Act of 1966

25 (42 U.S.C. 1771 et seq.);
64

•S 1614 RS

1 (2) during the past several years, the Antitrust

2 Division of the United States Department of Justice

3 has filed over 100 criminal cases against companies

4 and individuals accused of bid-rigging conspiracies,

5 false statements, mail fraud, price-fixing, and simi6 lar activities involving dairy products sold to schools

7 or the Department of Defense;

8 (3) over 30 grand juries in States are inves9 tigating similar activities, especially in connection

10 with activities involving the dairy industry;

11 (4) 54 corporations and 50 individuals have

12 been convicted by Federal courts of similar activi13 ties, and total fines and civil damages of approxi14 mately $100,000,000 have been assessed in Federal

15 and State actions for similar activities;

16 (5) a report of the Comptroller General of the

17 United States noted that, as of March 1992, the

18 Secretary of Agriculture had neither suspended nor

19 debarred any of the 13 dairy companies or 28 indi20 viduals convicted, as of March 1992, of milk con21 tract bid-rigging from participating in the school

22 lunch and breakfast programs;

23 (6) effective educational and monitoring pro24 grams can greatly reduce the incidence of price-fix-
65

•S 1614 RS

1 ing and bid-rigging by companies that sell products

2 to schools;

3 (7) reducing the incidence of price-fixing and

4 bid-rigging in connection with the school lunch and

5 breakfast programs could save school districts, par6 ents, and taxpayers millions of dollars per year;

7 (8) the Comptroller General of the United

8 States has noted that bid-rigging awareness training

9 is an effective means of deterring improper collusion

10 and bid-rigging; and

11 (9) the Comptroller General of the United

12 States in a General Accounting Office report ad13 dressed many of the concerns described in this sec14 tion with respect to bid rigging in the school lunch

15 program.

16 SEC. 402. DUTIES OF THE SECRETARY RELATING TO ANTI17 COMPETITIVE ACTIVITIES.

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

19 (42 U.S.C. 1751 et seq.) (as amended by section 323) is

20 further amended by adding at the end the following new

21 section:

22 ‘‘SEC. 26. DUTIES OF THE SECRETARY RELATING TO ANTI23 COMPETITIVE ACTIVITIES.

24 ‘‘(a) DEFINITIONS.—As used in this section:
66

•S 1614 RS

1 ‘‘(1) CHILD NUTRITION PROGRAM.—The term

2 ‘child nutrition program’ means—

3 ‘‘(A) the school lunch program established

4 under this Act;

5 ‘‘(B) the school breakfast program estab6 lished under section 4 of the Child Nutrition

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

8 ‘‘(C) the special milk program established

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

10 ‘‘(D) the special nutrition program for

11 women, infants, and children authorized under

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

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

14 children established under section 13 of this

15 Act; and

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

17 established under section 17 of this Act.

18 ‘‘(2) CONTRACTOR.—The term ‘contractor’

19 means a person that contracts with a State, an

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

21 or services in conjunction with the participation of

22 a local agency in a child nutrition program.

23 ‘‘(3) LOCAL AGENCY.—The term ‘local agency’

24 means a school, school food authority, child care

25 center, sponsoring organization, or other entity au-
67

•S 1614 RS

1 thorized to operate a child nutrition program at the

2 local level.

3 ‘‘(4) NONPROCUREMENT DEBARMENT.—The

4 term ‘nonprocurement debarment’ means an action

5 to bar a person from programs and activities involv6 ing Federal financial and nonfinancial assistance,

7 but not including Federal procurement programs

8 and activities.

9 ‘‘(5) PERSON.—The term ‘person’ means any

10 individual, corporation, partnership, association, or

11 other legal entity, however organized.

12 ‘‘(b) ASSISTANCE.—The Secretary shall—

13 ‘‘(1) provide advice, training, technical assist14 ance, and guidance (which may include awareness

15 training, training films, and troubleshooting advice)

16 to representatives of States and local agencies re17 garding means of identifying and preventing anti18 competitive activities relating to the provision of

19 goods or services in conjunction with the participa20 tion of a local agency in a child nutrition program;

21 and

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

23 with, the Attorney General and State attorneys gen24 eral regarding investigations of anticompetitive ac25 tivities relating to the provision of goods or services
68

•S 1614 RS

1 in conjunction with the participation of a local agen2 cy in a child nutrition program.

3 ‘‘(c) FOOD SERVICE MANAGEMENT INSTITUTE.—

4 The Secretary may request assistance from the food serv5 ice management institute authorized under section 21 in

6 carrying out subsection (b)(1).

7 ‘‘(d) NONPROCUREMENT DEBARMENT.—

8 ‘‘(1) DEBARMENT DECISIONS.—Except as pro9 vided in paragraph (3), not later than 180 days

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

12 shall decide whether to initiate nonprocurement de13 barment proceedings against the contractor who has

14 committed the cause for debarment.

15 ‘‘(2) CAUSES FOR DEBARMENT.—

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), actions requiring consideration of

18 nonprocurement debarment pursuant to para19 graph (1) shall be limited to convictions or civil

20 judgments for the following offenses:

21 ‘‘(i) Violation of Federal or State

22 antitrust laws, including laws relating to

23 bid-rigging and price-fixing.

24 ‘‘(ii) Commission of embezzlement,

25 theft, forgery, fraud, bribery, making false
69

•S 1614 RS

1 statements, receiving stolen property, mak2 ing false claims, or obstruction of justice.

3 ‘‘(B) APPLICATION.—Subparagraph (A)

4 shall apply to the extent an offense is commit5 ted by a contractor in connection with providing

6 a good or service in conjunction with the par7 ticipation of a local agency in a child nutrition

8 program.

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

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

12 because of the need to further investigate matters

13 relating to the possible debarment, the Secretary

14 may have such additional time as the Secretary con15 siders necessary to make a decision, but not to ex16 ceed an additional 180 days.

17 ‘‘(4) MANDATORY CHILD NUTRITION PROGRAM

18 DEBARMENT PERIODS.—

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

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

22 (e), if after deciding to initiate nonprocurement

23 debarment proceedings pursuant to paragraph

24 (1) the Secretary decides to debar a contractor,

25 the debarment shall be for no less than 1 year.
70

•S 1614 RS

1 ‘‘(B) PREVIOUS DEBARMENT.—If the con2 tractor has been previously debarred pursuant

3 to nonprocurement debarment proceedings initi4 ated pursuant to paragraph (1), and the cause

5 for debarment is a conviction or civil judgment

6 described in paragraph (2) based on activities

7 that occurred subsequent to the initial debar8 ment, the debarment shall be for no less than

9 3 years.

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

11 under this subsection shall serve to bar the con12 tractor for the specified period from contracting

13 to provide goods or services in conjunction with

14 the participation of a local agency in a child nu15 trition program.

16 ‘‘(D) REVERSAL, REDUCTION, OR EXCEP17 TION.—Nothing in this paragraph shall restrict

18 the ability of the Secretary to reverse a debar19 ment decision, to reduce the period or scope of

20 a debarment, nor to grant an exception permit21 ting a debarred contractor to participate in a

22 particular contract to provide goods or services

23 in conjunction with the participation of a local

24 agency in a child nutrition program, if the Sec-
71

•S 1614 RS

1 retary determines there is good cause for the

2 action.

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

4 shall present to the appropriate committees of Con5 gress information regarding the decisions required

6 by this subsection.

7 ‘‘(6) RELATIONSHIP TO OTHER AUTHORI8 TIES.—

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), consideration of nonprocurement de11 barment pursuant to this subsection shall not

12 reduce or diminish the authority of a Federal,

13 State, or local government agency or court to

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

15 other adverse action against a person in a civil,

16 criminal or administrative proceeding.

17 ‘‘(B) COORDINATION.—To the maximum

18 extent practicable, the Secretary shall consoli19 date and coordinate any nonprocurement debar20 ment actions pursuant to this subsection with

21 other adverse actions, including other

22 nonprocurement debarment actions.

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

24 such regulations as are necessary to carry out this

25 subsection.
72

•S 1614 RS

1 ‘‘(e) MANDATORY DEBARMENT.—Notwithstanding

2 any other provision of this section, the Secretary shall ini3 tiate nonprocurement debarment proceedings against the

4 contractor (including a dairy cooperative) who has com5 mitted the cause for debarment (as determined under sub6 section (d)), unless the action—

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

8 on competition or prices in the relevant market or

9 nationally;

10 ‘‘(2) will interfere with the ability of a school,

11 school district, or school district consortium to pro12 cure a needed product for a child nutrition program;

13 or

14 ‘‘(3) is not in the public interest, as determined

15 by the Secretary.

16 ‘‘(f) TERMINATION OF AUTHORITY.—The authority

17 provided by this section shall terminate on September 30,

18 1999.’’.

19 (b) REPORT ON CONSISTENT DEBARMENT POLICY.—

20 Not later than 120 days after the date of enactment of

21 this Act, the Director of the Office of Management and

22 Budget (in consultation with the Secretary of Agriculture

23 and the Secretary of Defense) shall advise the appropriate

24 committees of Congress and the Comptroller General of
73

•S 1614 RS

1 the United States as to the appropriateness and usefulness

2 of a consistent debarment policy under—

3 (1) the Federal acquisition regulations issued

4 under title 48, Code of Federal Regulations; and

5 (2) Federal nonprocurement regulations.

6 (c) APPLICATION.—Section 26(d) of the National

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

8 apply to a conviction or civil judgment that is based on

9 an activity that took place prior to the date of enactment

10 of this Act.

11 SEC. 403. PREVENTION AND CONTROL OF ANTICOMPETI12 TIVE ACTIVITIES.

13 The National School Lunch Act (42 U.S.C. 1751 et

14 seq.) (as amended by section 402) is further amended by

15 adding at the end the following new section:

16 ‘‘SEC. 27. PREVENTION AND CONTROL OF ANTICOMPETI17 TIVE ACTIVITIES.

18 ‘‘(a) ASSISTANCE.—

19 ‘‘(1) IN GENERAL.—The Secretary may provide

20 grants to State educational agencies and other State

21 agencies that administer child nutrition programs

22 (as defined in section 26(a)(1)) to assist the agen23 cies in the prevention and control of anticompetitive

24 activities relating to the programs, including activi-
74

•S 1614 RS

1 ties to further coordination and cooperation with law

2 enforcement officials.

3 ‘‘(2) FORMULA.—The grants shall be made

4 pursuant to a formula established by the Secretary

5 that takes into account the size of the child nutrition

6 programs in each State, subject to a minimum grant

7 amount for each State.

8 ‘‘(b) FEDERAL ACTIVITIES.—

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

10 the Secretary shall retain 25 percent of the sums

11 made available for any fiscal year to carry out this

12 section to administer subsection (a) and to conduct

13 the activities described in section 26(b).

14 ‘‘(2) ADDITIONAL FUNDS.—Nothing in para15 graph (1) shall preclude the Secretary from expend16 ing for the activities described in section 26(b) any

17 funds otherwise available to carry out section 26(b).

18 ‘‘(c) INFORMATION.—On request, the Secretary shall

19 provide to the appropriate committees of Congress infor20 mation regarding the administration of this section and

21 other efforts to reduce the incidence of anticompetitive ac22 tivity (such as price-fixing and bid-rigging), in connection

23 with child nutrition programs (as defined in section

24 26(a)(1)).
75

•S 1614 RS

1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $4,000,000 for each of fiscal years 1994 through 1998.’’.

4 TITLE V—EFFECTIVE DATES

5 SEC. 501. EFFECTIVE DATES.

6 (a) IN GENERAL.—Except as provided in subsection

7 (b), this Act and the amendments made by this Act shall

8 become effective on the date of enactment of this Act.

9 (b) SPECIAL EFFECTIVE DATES.—The amendments

10 made by—

11 (1) sections 101 through 104, 205 through 207,

12 313, and 318 shall become effective on October 1,

13 1994;

14 (2) sections 201 through 204, 209, 301 through

15 310, 314(a), 314(b), 315, 317, and 320 shall be16 come effective on July 1, 1995;

17 (3) section 312 shall become effective on Sep18 tember 1, 1995; and

19 (4) section 314(c) shall become effective on Oc20 tober 1, 1995.

21 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

22 (a) SHORT TITLE.—This Act may be cited as the ‘‘Bet23 ter Nutrition and Health for Children Act of 1994’’.

24 (b) TABLE OF CONTENTS.—The table of contents of this

25 Act is as follows:

Sec. 1. Short title; table of contents.
76

•S 1614 RS

TITLE I—SCHOOL LUNCH AND RELATED PROGRAMS

Sec. 101. Delivery of commodities.

Sec. 102. Combined Federal and State commodity purchases.

Sec. 103. Nutritional requirements.

Sec. 104. Elimination of whole milk requirement.

Sec. 105. Use of free and reduced price meal eligibility information.

Sec. 106. Automatic eligibility of Head Start participants.

Sec. 107. Use of nutrition education and training program resources.

Sec. 108. Special assistance for schools electing to serve all children free lunches

or breakfasts.

Sec. 109. Definition of school.

Sec. 110. Reimbursement for meals, supplements, and milk under certain programs contingent on timely submission of claims and final program operations report.

Sec. 111. Organically produced agricultural products.

Sec. 112. Food and nutrition projects.

Sec. 113. Summer food service program for children.

Sec. 114. Commodity distribution program.

Sec. 115. Child and adult care food program.

Sec. 116. Homeless children nutrition program; demonstration program for the

prevention of boarder babies.

Sec. 117. Pilot projects.

Sec. 118. Food service management institute.

Sec. 119. Compliance and accountability.

Sec. 120. Duties of the Secretary of Agriculture relating to nonprocurement debarment under certain child nutrition programs.

Sec. 121. Nutrition education promotion program.

Sec. 122. Information clearinghouse.

Sec. 123. Guidance and grants for accommodating medical and special dietary

needs of children with disabilities.

TITLE II—SCHOOL BREAKFAST AND RELATED PROGRAMS

Sec. 201. School breakfast program.

Sec. 202. State administrative expenses.

Sec. 203. Competitive foods of minimal nutritional value.

Sec. 204. Special supplemental nutrition program.

Sec. 205. Nutrition education and training program.

TITLE III—EFFECTIVE DATES

Sec. 301. Effective dates.

1 TITLE I—SCHOOL LUNCH AND

2 RELATED PROGRAMS

3 SEC. 101. DELIVERY OF COMMODITIES.

4 (a) IN GENERAL.—Section 6 of the National School

5 Lunch Act (42 U.S.C. 1755) is amended—
77

•S 1614 RS

1 (1) by striking subsection (b) and inserting the

2 following new subsection:

3 ‘‘(b) The Secretary shall deliver, to each State partici4 pating in the school lunch program under this Act, com5 modities valued at the total level of assistance authorized

6 under subsection (c) for each school year for the school lunch

7 program in the State, not later than September 30 of the

8 following school year.’’;

9 (2) by striking subsections (c) and (d); and

10 (3) by redesignating subsections (e) and (f) as

11 subsections (c) and (d), respectively.

12 (b) CONFORMING AMENDMENTS.—

13 (1) Subsection (f), and clauses (i) and (ii) of

14 subsection (g)(3)(A), of section 14 of such Act (42

15 U.S.C. 1762a) are amended by striking ‘‘section 6(e)’’

16 and inserting ‘‘section 6(c)’’.

17 (2) The last sentence of section 16(a) of such Act

18 (42 U.S.C. 1765(a)) is amended by striking ‘‘section

19 6(e) of this Act’’ and inserting ‘‘section 6(c)’’.

20 (3) Section 17(h)(1)(B) of such Act (42 U.S.C.

21 1766(h)(1)(B)) is amended by striking ‘‘section 6(e)’’

22 and inserting ‘‘section 6(c)’’.
78

•S 1614 RS

1 SEC. 102. COMBINED FEDERAL AND STATE COMMODITY

2 PURCHASES.

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

4 1756) is amended by adding at the end the following new

5 subsection:

6 ‘‘(d) Notwithstanding any other provision of law, the

7 Secretary may enter into an agreement with a State agency

8 under which funds payable to the State under section 4 or

9 11 may be used by the Secretary for the purpose of purchas10 ing commodities for use by schools in the State in meals

11 served under the school lunch program under this Act.’’.

12 SEC. 103. NUTRITIONAL REQUIREMENTS.

13 (a) TECHNICAL ASSISTANCE FOR SCHOOL LUNCH

14 PROGRAM.—Section 9(a)(1) of the National School Lunch

15 Act (42 U.S.C. 1758(a)(1)) is amended—

16 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

17 (2) by adding at the end the following new sub18 paragraph:

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

20 and training, including technical assistance and training

21 in the preparation of lower-fat versions of foods commonly

22 used in the school lunch program under this Act, to schools

23 participating in the school lunch program to assist the

24 schools in complying with the nutritional requirements pre25 scribed by the Secretary pursuant to subparagraph (A) and

26 in providing appropriate meals to children with medically
79

•S 1614 RS

1 certified special dietary needs. The Secretary shall provide

2 additional technical assistance to schools that are having

3 difficulty maintaining compliance with the requirements.’’.

4 (b) MINIMUM NUTRITIONAL REQUIREMENTS MEAS5 URED BY WEEKLY AVERAGE OF NUTRIENT CONTENT OF

6 SCHOOL LUNCHES.—Section 9(a)(1)(A) of such Act (42

7 U.S.C. 1758(a)(1)(A)) (as amended by subsection (a)) is

8 further amended—

9 (1) by striking ‘‘; except that such minimum nu10 tritional requirements’’ and inserting the following: ‘‘,

11 except that—

12 ‘‘(i) the minimum nutritional requirements’’;

13 (2) by striking the period at the end and insert14 ing ‘‘; and’’; and

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

16 clause:

17 ‘‘(ii) the minimum nutritional requirements

18 shall be measured by not less than the weekly average

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

20 SEC. 104. ELIMINATION OF WHOLE MILK REQUIREMENT.

21 Section 9(a)(2) of the National School Lunch Act (42

22 U.S.C. 1758(a)(2)) is amended—

23 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’;

24 (2) by striking ‘‘fluid whole milk and fluid

25 unflavored lowfat milk’’ and inserting ‘‘fluid milk, ex-
80

•S 1614 RS

1 cept that a State educational agency may require

2 schools in the State to offer any type or types of milk

3 to students’’; and

4 (3) by adding at the end the following new sub5 paragraph:

6 ‘‘(B)(i) The Secretary shall purchase each calendar

7 year to carry out the school lunch program under this Act,

8 and the school breakfast program under section 4 of the

9 Child Nutrition Act of 1966 (42 U.S.C. 1773), lowfat cheese

10 on a bid basis in a quantity that is the milkfat equivalent

11 of the quantity of milkfat the Secretary estimates the Com12 modity Credit Corporation will purchase each calendar

13 year as a result of the elimination of the requirement that

14 schools offer students fluid whole milk and fluid unflavored

15 lowfat milk, based on data provided by the Director of Of16 fice of Management and Budget.

17 ‘‘(ii) Not later than 30 days after the Secretary pro18 vides an estimate required under clause (i), the Director

19 of the Congressional Budget Office shall provide to the ap20 propriate committees of Congress a report on whether the

21 Director concurs with the estimate of the Secretary.

22 ‘‘(iii) The quantity of lowfat cheese that is purchased

23 under this subparagraph shall be in addition to the quan24 tity of cheese that is historically purchased by the Secretary

25 to carry out school feeding programs. The Secretary shall
81

•S 1614 RS

1 take such actions as are necessary to ensure that purchases

2 under this subparagraph shall not displace commercial pur3 chases of cheese by schools.’’.

4 SEC. 105. USE OF FREE AND REDUCED PRICE MEAL ELIGI5 BILITY INFORMATION.

6 Clause (iii) of section 9(b)(2)(C) of the National School

7 Lunch Act (42 U.S.C. 1758(b)(2)(C)(iii)) is amended to

8 read as follows:

9 ‘‘(iii) The use or disclosure of any information ob10 tained from an application for free or reduced price meals,

11 or from a State or local agency referred to in clause (ii),

12 shall be limited to—

13 ‘‘(I) a person directly connected with the admin14 istration or enforcement of this Act or the Child Nu15 trition Act of 1966 (42 U.S.C. 1771 et seq.), or a reg16 ulation issued pursuant to either Act;

17 ‘‘(II) a person directly connected with the ad18 ministration or enforcement of a State health or edu19 cation program administered by the State or local

20 educational agency (other than a program carried out

21 under title XIX of the Social Security Act (42 U.S.C.

22 1396 et seq.)); and

23 ‘‘(III)(aa) the Comptroller General of the United

24 States for audit and examination authorized by any

25 other provision of law; and
82

•S 1614 RS

1 ‘‘(bb) notwithstanding any other provision of

2 law, a Federal, State, or local law enforcement official

3 for the purpose of investigating an alleged violation

4 of any program covered by paragraph (1) or this

5 paragraph.

6 ‘‘(iv) Information provided by a school under clause

7 (iii)(II) shall be limited to the income eligibility status of

8 the child for whom application for free or reduced price

9 meal benefits was made or for whom eligibility information

10 was provided under clause (ii), unless the consent of the

11 parent or guardian of the child for whom application for

12 benefits was made is obtained.

13 ‘‘(v) A person described in clause (iii) who publishes,

14 divulges, discloses, or makes known in any manner, or to

15 any extent not authorized by Federal law (including a regu16 lation), any information obtained under this subsection

17 shall be fined not more than $1,000 or imprisoned not more

18 than 1 year, or both.’’.

19 SEC. 106. AUTOMATIC ELIGIBILITY OF HEAD START PAR20 TICIPANTS.

21 (a) IN GENERAL.—Section 9(b)(6) of the National

22 School Lunch Act (42 U.S.C. 1758(b)(6)) is amended—

23 (1) in subparagraph (A)—

24 (A) in the matter preceding clause (i), by

25 striking ‘‘a member of’’;
83

•S 1614 RS

1 (B) in clause (i)—

2 (i) by inserting ‘‘a member of’’ after

3 ‘‘(i)’’; and

4 (ii) by striking ‘‘or’’ at the end;

5 (C) in clause (ii)—

6 (i) by inserting ‘‘a member of’’ after

7 ‘‘(ii)’’; and

8 (ii) by striking the period at the end

9 and inserting ‘‘; or’’; and

10 (D) by adding at the end the following new

11 clause:

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

13 program authorized under the Head Start Act (42

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

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

16 low-income criteria prescribed under section

17 645(a)(1)(A) of the Head Start Act (42 U.S.C.

18 9840(a)(1)(A)).’’; and

19 (2) in subparagraph (B), by striking ‘‘food

20 stamps or aid to families with dependent children’’

21 and inserting ‘‘food stamps or aid to families with

22 dependent children, or of enrollment or participation

23 in a Head Start program on the basis described in

24 subparagraph (A)(iii),’’.
84

•S 1614 RS

1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall become effective on September 1, 1995.

3 SEC. 107. USE OF NUTRITION EDUCATION AND TRAINING

4 PROGRAM RESOURCES.

5 Section 9 of the National School Lunch Act (42 U.S.C.

6 1758) is amended by adding at the end the following new

7 subsection:

8 ‘‘(f) In carrying out this Act and the Child Nutrition

9 Act of 1966 (42 U.S.C. 1771 et seq.), a State educational

10 agency shall, particularly with regard to the responsibilities

11 of the agency under subsection (a)(3), use resources provided

12 through the nutrition education and training program au13 thorized under section 19 of the Child Nutrition Act of 1966

14 (42 U.S.C. 1788) for training aimed at improving the qual15 ity and acceptance of school meals.’’.

16 SEC. 108. SPECIAL ASSISTANCE FOR SCHOOLS ELECTING

17 TO SERVE ALL CHILDREN FREE LUNCHES OR

18 BREAKFASTS.

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

20 U.S.C. 1759a(a)(1)) is amended—

21 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’;

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

23 case of’’ and inserting the following:

24 ‘‘(B) Except as provided in subparagraph (C), (D), or

25 (E), in the case of’’; and
85

•S 1614 RS

1 (3) by striking the third and fourth sentences

2 and inserting the following new subparagraphs:

3 ‘‘(C)(i) Except as provided in subparagraph (D), in

4 the case of any school that—

5 ‘‘(I) elects to serve all children in the school free

6 lunches under the school lunch program during any

7 period of 3 successive school years, or in the case of

8 a school that serves both lunches and breakfasts, elects

9 to serve all children in the school free lunches and free

10 breakfasts under the school lunch program and the

11 school breakfast program established under section 4

12 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)

13 during any period of 3 successive school years; and

14 ‘‘(II) pays, from sources other than Federal

15 funds, for the costs of serving the lunches or breakfasts

16 that are in excess of the value of assistance received

17 under this Act and the Child Nutrition Act of 1966

18 (42 U.S.C. 1771 et seq.) with respect to the number

19 of lunches or breakfasts served during the period;

20 special assistance payments shall be paid to the State edu21 cational agency with respect to the school during the period

22 on the basis of the number of lunches or breakfasts deter23 mined under clause (ii) or (iii).

24 ‘‘(ii) For purposes of making special assistance pay25 ments under clause (i), except as provided in clause (iii),
86

•S 1614 RS

1 the number of lunches or breakfasts served by a school to

2 children who are eligible for free lunches or breakfasts or

3 reduced price lunches or breakfasts during each school year

4 of the 3-school-year period shall be considered to be equal

5 to the number of lunches or breakfasts served by the school

6 to children eligible for free lunches or breakfasts or reduced

7 price lunches or breakfasts during the first school year of

8 the period.

9 ‘‘(iii) For purposes of computing the amount of the

10 payments, a school may elect to determine on a more fre11 quent basis the number of children who are eligible for free

12 or reduced price lunches or breakfasts who are served

13 lunches or breakfasts during the 3-school-year period.

14 ‘‘(D)(i) In the case of any school that, on the date of

15 enactment of this subparagraph, is receiving special assist16 ance payments under this paragraph for a 3-school-year pe17 riod described in subparagraph (C), the State may grant,

18 at the end of the 3-school-year period, an extension of the

19 period for an additional 2 school years, if the State deter20 mines, through available socioeconomic data approved by

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

22 school has remained stable.

23 ‘‘(ii) A school described in clause (i) may reapply to

24 the State at the end of the 2-school-year period described

25 in clause (i) for the purpose of continuing to receive special
87

•S 1614 RS

1 assistance payments, as determined in accordance with this

2 paragraph, for a subsequent 5-school-year period. The school

3 may reapply to the State at the end of the 5-school-year

4 period, and at the end of each 5-school-year period there5 after for which the school receives special assistance pay6 ments under this paragraph, for the purpose of continuing

7 to receive the payments for a subsequent 5-school-year pe8 riod. The school shall require submission of applications for

9 free and reduced price lunches, or for free and reduced price

10 lunches and breakfasts, in the first school year of each 5-

11 school-year period for which the school receives special as12 sistance payments under this paragraph, for the purpose

13 of calculating the special assistance payments.

14 ‘‘(E)(i) In the case of any school that—

15 ‘‘(I) elects to serve all children in the school free

16 lunches under the school lunch program during any

17 period of 4 successive school years, or in the case of

18 a school that serves both lunches and breakfasts, elects

19 to serve all children in the school free lunches and free

20 breakfasts under the school lunch program and the

21 school breakfast program during any period of 4 suc22 cessive school years; and

23 ‘‘(II) pays, from sources other than Federal

24 funds, for the costs of serving the lunches or breakfasts

25 that are in excess of the value of assistance received
88

•S 1614 RS

1 under this Act and the Child Nutrition Act of 1966

2 (42 U.S.C. 1771 et seq.) with respect to the number

3 of lunches or breakfasts served during the period;

4 total Federal cash reimbursements and total commodity as5 sistance shall be provided to the State educational agency

6 with respect to the school at a level that is equal to the

7 total Federal cash reimbursements and total commodity as8 sistance received by the school in the last school year for

9 which the school accepted applications under the school

10 lunch or school breakfast program, adjusted annually for

11 inflation in accordance with paragraph (3)(B) and for

12 changes in enrollment, to carry out the school lunch or

13 school breakfast program.

14 ‘‘(ii) A school described in clause (i) may reapply to

15 the State at the end of the 4-school-year period described

16 in clause (i), and at the end of each 4-school-year period

17 thereafter for which the school receives reimbursements and

18 assistance under this subparagraph, for the purpose of con19 tinuing to receive the reimbursements and assistance for a

20 subsequent 4-school-year period. The State may approve an

21 application under this clause if the State determines,

22 through available socioeconomic data approved by the Sec23 retary, that the income level of the population of the school

24 has remained consistent with the income level of the popu-
89

•S 1614 RS

1 lation of the school in the last school year for which the

2 school accepted the applications described in clause (i).’’.

3 SEC. 109. DEFINITION OF SCHOOL.

4 (a) IN GENERAL.—Section 12(d)(5) of the National

5 School Lunch Act (42 U.S.C. 1760(d)(5)) is amended—

6 (1) in the first sentence—

7 (A) in subparagraph (A), by striking

8 ‘‘under,’’ and inserting ‘‘under and’’;

9 (B) in subparagraph (B), by striking ‘‘,

10 and’’ and inserting a period; and

11 (C) by striking subparagraph (C); and

12 (2) in the second sentence, by striking ‘‘of clauses

13 (A) and (B)’’.

14 (b) EFFECTIVE DATE.—The amendments made by sub15 section (a) shall become effective on October 1, 1995.

16 SEC. 110. REIMBURSEMENT FOR MEALS, SUPPLEMENTS,

17 AND MILK UNDER CERTAIN PROGRAMS CON18 TINGENT ON TIMELY SUBMISSION OF CLAIMS

19 AND FINAL PROGRAM OPERATIONS REPORT.

20 Section 12 of the National School Lunch Act (42

21 U.S.C. 1760) is amended by adding at the end the following

22 new subsection:

23 ‘‘(j)(1) Except as provided in paragraph (2), the Sec24 retary may provide reimbursements for final claims sub25 mitted to State agencies by eligible schools, institutions, and
90

•S 1614 RS

1 service institutions for service of meals, supplements, and

2 milk under this Act or the Child Nutrition Act of 1966 (42

3 U.S.C. 1771 et seq.) only if—

4 ‘‘(A) the claims have been submitted to the State

5 agencies not later than 60 days after the last day of

6 the month for which reimbursements are claimed; and

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

8 month is submitted to the Secretary not later than 90

9 days after the last day of the month.

10 ‘‘(2) The Secretary may waive the requirements of

11 paragraph (1).’’.

12 SEC. 111. ORGANICALLY PRODUCED AGRICULTURAL PROD13 UCTS.

14 Section 12 of the National School Lunch Act (42

15 U.S.C. 1760) (as amended by section 110) is further amend16 ed by adding at the end the following new subsection:

17 ‘‘(k)(1) The Secretary shall make available, at the re18 quest of State educational agencies and schools participat19 ing in the school lunch program, information about means

20 for schools to obtain organically produced agricultural

21 products (as defined in section 2103 of the Organic Foods

22 Production Act of 1990 (7 U.S.C. 6502)), such as meats,

23 poultry products, fruits, products made from grains, dairy

24 products, and vegetables that are organically produced.’’.
91

•S 1614 RS

1 ‘‘(2) Paragraph (1) shall apply beginning on the date

2 the Secretary establishes an organic certification program

3 for producers and handlers of agricultural products in ac4 cordance with such Act (7 U.S.C. 6501 et seq.).’’.

5 SEC. 112. FOOD AND NUTRITION PROJECTS.

6 Section 12 of the National School Lunch Act (42

7 U.S.C. 1760) (as amended by section 111) is further amend8 ed by adding at the end the following new subsection:

9 ‘‘(l)(1) The Secretary, acting through the Adminis10 trator of the Food and Nutrition Service or through the Ex11 tension Service, shall award on an annual basis grants to

12 a private nonprofit organization or educational institution

13 in each of 3 States to create, operate, and demonstrate food

14 and nutrition projects that are fully integrated with ele15 mentary school curricula.

16 ‘‘(2) Each organization or institution referred to in

17 paragraph (1) shall be selected by the Secretary and shall—

18 ‘‘(A) assist local schools and educators in offer19 ing food and nutrition education that integrates

20 math, science, and verbal skills in the elementary

21 grades;

22 ‘‘(B) assist local schools and educators in teach23 ing agricultural practices through practical applica24 tions, like gardening;
92

•S 1614 RS

1 ‘‘(C) create community service learning opportu2 nities or educational programs;

3 ‘‘(D) be experienced in assisting in the creation

4 of curriculum-based models in elementary schools;

5 ‘‘(E) be sponsored by an organization or institu6 tion, or be an organization or institution, that pro7 vides information, or conducts other educational ef8 forts, concerning the success and productivity of

9 American agriculture and the importance of the free

10 enterprise system to the quality of life in the United

11 States; and

12 ‘‘(F) be able to provide model curricula, exam13 ples, advice, and guidance to school, community

14 groups, States, and local organizations regarding

15 means of carrying out similar projects.

16 ‘‘(3) Subject to the availability of appropriations to

17 carry out this subsection, the Secretary shall make grants

18 to each of the 3 private organizations or institutions selected

19 under this section in amounts of not less than $100,000,

20 nor more than $200,000, for each of fiscal years 1995

21 through 1998.

22 ‘‘(4) The Secretary shall establish fair and reasonable

23 auditing procedures regarding the expenditure of funds

24 under this subsection.
93

•S 1614 RS

1 ‘‘(5) There are authorized to be appropriated to carry

2 out this subsection such sums as are necessary for each of

3 fiscal years 1995 through 1998.’’.

4 SEC. 113. SUMMER FOOD SERVICE PROGRAM FOR CHIL5 DREN.

6 (a) ORDER OF PRIORITY.—Section 13(a)(4) of the Na7 tional School Lunch Act (42 U.S.C. 1761(a)(4)) is amended

8 by striking subparagraphs (A) through (F) and inserting

9 the following:

10 ‘‘(A) School food authorities.

11 ‘‘(B) Units of local, municipal, or county gov12 ernment that have demonstrated successful program

13 performance in a prior year.

14 ‘‘(C) Other units of local, municipal, or county

15 government, and private nonprofit organizations eli16 gible under paragraph (7).’’.

17 (b) PRIVATE NONPROFIT ORGANIZATIONS.—Section

18 13(a)(7) of such Act (42 U.S.C. 1761(a)(7)) is amended by

19 striking subparagraph (C).

20 (c) NON-SCHOOL SITES.—Section 13(c)(1) of such Act

21 (42 U.S.C. 1761(c)(1)) is amended by inserting before the

22 period at the end the following: ‘‘or that provide meal serv23 ice at non-school sites to children who are not in school for

24 a period during the months of October through April due

25 to an unanticipated school closure’’.
94

•S 1614 RS

1 (d) REGISTERED FOOD SERVICE MANAGEMENT COM2 PANY REPORTS.—Section 13(l)(3) of such Act (42 U.S.C.

3 1761(l)(3)) is amended by striking ‘‘and their program

4 record’’ and inserting ‘‘that have been seriously deficient

5 in their participation in the program,’’.

6 (e) MANAGEMENT AND ADMINISTRATION PLAN.—Sec7 tion 13(n) of such Act (42 U.S.C. 1761(n)) is amended—

8 (1) in paragraph (2), by adding ‘‘and’’ after the

9 semicolon at the end;

10 (2) in paragraph (3), by striking the semicolon

11 at the end and inserting a period; and

12 (3) by striking paragraphs (4) through (12).

13 (f) ELIMINATION OF WARNING IN PRIVATE NONPROFIT

14 ORGANIZATION APPLICATION RELATING TO CRIMINAL PRO15 VISIONS AND RELATED MATTERS.—Section 13(q) of such

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

17 (1) by striking paragraph (2);

18 (2) by redesignating paragraph (3) as para19 graph (2); and

20 (3) in paragraph (4), by striking ‘‘paragraphs

21 (1) and (3)’’ and inserting ‘‘paragraphs (1) and (2)’’.

22 (g) HEARINGS REGARDING STATE ACTION ON THE

23 BASIS OF FEDERAL REVIEW FINDINGS.—Section 13(q) of

24 such Act (42 U.S.C. 1761(q)) (as amended by paragraphs
95

•S 1614 RS

1 (1) and (2) of subsection (f)) is further amended by insert2 ing before paragraph (4) the following new paragraph:

3 ‘‘(3) A State shall not be required to provide a hearing

4 to a private nonprofit organization concerning a State ac5 tion taken on the basis of a Federal review finding with

6 respect to a program carried out under this section. If a

7 State does not provide a hearing to the organization con8 cerning the action, the Secretary, on request, shall provide

9 a hearing to the organization concerning the action.’’.

10 (h) EXTENSION OF PROGRAM.—Section 13(r) of such

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

12 inserting ‘‘1998’’.

13 SEC. 114. COMMODITY DISTRIBUTION PROGRAM.

14 (a) EXTENSION.—Section 14(a) of the National School

15 Lunch Act (42 U.S.C. 1762a(a)) is amended by striking

16 ‘‘1994’’ and inserting ‘‘1998’’.

17 (b) NUTRITIONAL CONTENT.—Section 14(b) of such

18 Act (42 U.S.C. 1762a(b)) is amended—

19 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

20 (2) by adding at the end the following new para21 graphs:

22 ‘‘(2) The Secretary shall improve the overall nutri23 tional quality of entitlement commodities (within the mean24 ing of section 18) provided to schools under the school lunch
96

•S 1614 RS

1 program to assist the schools in improving the nutritional

2 content of meals served under the program.

3 ‘‘(3) The Secretary shall—

4 ‘‘(A) require that nutritional content informa5 tion labels be placed on packages or shipments of com6 modities provided to schools under the school lunch

7 program; or

8 ‘‘(B) otherwise provide nutritional content infor9 mation regarding the commodities provided to schools

10 under the school lunch program.’’.

11 SEC. 115. CHILD AND ADULT CARE FOOD PROGRAM.

12 (a) REAPPLICATION FOR ASSISTANCE AT 3-YEAR IN13 TERVALS.—Section 17(d)(2)(A) of the National School

14 Lunch Act (42 U.S.C. 1766(d)(2)(A)) is amended by strik15 ing ‘‘2-year intervals’’ and inserting ‘‘3-year intervals’’.

16 (b) USE OF ADMINISTRATIVE FUNDS TO CONDUCT

17 OUTREACH AND RECRUITMENT TO UNLICENSED DAY CARE

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

19 1766(f)(3)(C)) is amended—

20 (1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and

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

22 clause:

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

24 by a family or group day care home sponsoring organiza25 tion to conduct outreach and recruitment to unlicensed fam-
97

•S 1614 RS

1 ily or group day care homes so that the day care homes

2 may become licensed.’’.

3 (c) INFORMATION AND TRAINING CONCERNING CHILD

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

5 (42 U.S.C. 1766(k)) is amended by adding at the end the

6 following new paragraph:

7 ‘‘(4) The Secretary shall encourage States to provide

8 information and training concerning child health and de9 velopment to family or group day care home sponsoring or10 ganizations.’’.

11 (d) EXTENSION OF STATEWIDE DEMONSTRATION

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

13 is amended—

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

15 inserting ‘‘1998’’; and

16 (2) in paragraph (5), by striking ‘‘1994’’ and in17 serting ‘‘1998’’.

18 (e) WIC INFORMATION.—Section 17 of such Act (42

19 U.S.C. 1766) is amended by adding at the end the following

20 new subsection:

21 ‘‘(q)(1) The Secretary shall provide State agencies with

22 basic information concerning the importance and benefits

23 of the special supplemental nutrition program for women,

24 infants, and children authorized under section 17 of the

25 Child Nutrition Act of 1966 (42 U.S.C. 1786).
98

•S 1614 RS

1 ‘‘(2) The State agency shall—

2 ‘‘(A) provide each child care institution partici3 pating in the program established under this section,

4 other than institutions providing day care outside

5 school hours for schoolchildren, with materials that

6 include—

7 ‘‘(i) a basic explanation of the benefits and

8 importance of the special supplemental nutrition

9 program for women, infants, and children;

10 ‘‘(ii) the maximum income limits, accord11 ing to family size, applicable to children up to

12 age 5 in the State under the special supple13 mental nutrition program for women, infants,

14 and children; and

15 ‘‘(iii) a listing of the addresses and phone

16 numbers of offices at which parents may apply;

17 ‘‘(B) annually provide the institutions with an

18 update of the information on income limits described

19 in subparagraph (A)(ii); and

20 ‘‘(C) ensure that, at least once a year, the insti21 tutions to which subparagraph (A) applies provide

22 written information to parents that includes—

23 ‘‘(i) basic information on the benefits pro24 vided under the special supplemental nutrition

25 program for women, infants, and children;
99

•S 1614 RS

1 ‘‘(ii) information on the maximum income

2 limits, according to family size, applicable to the

3 program; and

4 ‘‘(iii) information on where parents may

5 apply to participate in the program.’’.

6 SEC. 116. HOMELESS CHILDREN NUTRITION PROGRAM;

7 DEMONSTRATION PROGRAM FOR THE PRE8 VENTION OF BOARDER BABIES.

9 (a) HOMELESS CHILDREN NUTRITION PROGRAM.—

10 The National School Lunch Act is amended by inserting

11 after section 17A (42 U.S.C. 1766a) the following new sec12 tion:

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

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

15 projects designed to provide food service throughout the year

16 to homeless children under the age of 6 in emergency shel17 ters.

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

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

20 into agreements with State, city, local, or county gov21 ernments, other public entities, or private nonprofit

22 organizations to participate in the projects conducted

23 under this section.

24 ‘‘(2) ELIGIBILITY REQUIREMENTS.—The Sec25 retary shall establish eligibility requirements for the
100

•S 1614 RS

1 entities described in paragraph (1) that desire to par2 ticipate in the projects conducted under this section,

3 including requirements that—

4 ‘‘(A) each private nonprofit organization

5 shall operate not more than 5 food service sites

6 under the project and shall serve not more than

7 300 homeless children under the age of 6 at each

8 site; and

9 ‘‘(B) each food service site operated by any

10 of the organizations shall meet applicable State

11 and local health, safety, and sanitation stand12 ards.

13 ‘‘(c) PROJECT REQUIREMENTS.—

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

15 this section shall—

16 ‘‘(A) use the same meal patterns, and re17 ceive reimbursement payments for meals and

18 supplements at the same rates, as apply to child

19 care centers participating in the child care food

20 program established under section 17 for free

21 meals and supplements; and

22 ‘‘(B) receive reimbursement payments for

23 meals and supplements served on Saturdays,

24 Sundays, and holidays, at the request of the

25 sponsor of the project.
101

•S 1614 RS

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

2 the meal pattern requirements to take into account

3 the needs of infants.

4 ‘‘(3) HOMELESS CHILDREN ELIGIBLE FOR FREE

5 MEALS WITHOUT APPLICATION.—Homeless children

6 under the age of 6 in emergency shelters shall be con7 sidered eligible for free meals without submitting an

8 application.

9 ‘‘(d) FUNDING PRIORITIES.—From the amount de10 scribed in subsection (f), the Secretary shall provide funding

11 for projects carried out under this section for a particular

12 fiscal year (referred to in this subsection as the ‘current fis13 cal year’) in the following order of priority, to the maxi14 mum extent practicable:

15 ‘‘(1) The Secretary shall first provide such fund16 ing to entities and organizations, each of which—

17 ‘‘(A) received funding under this section or

18 section 18(c) (as in effect on the day before the

19 date of enactment of this section) to carry out a

20 project for the preceding fiscal year; and

21 ‘‘(B) is eligible to receive funding under this

22 section to carry out the project for the current

23 fiscal year;

24 to enable the entity or organization to carry out the

25 project under this section for the current fiscal year
102

•S 1614 RS

1 at the level of service provided by the project during

2 the preceding fiscal year.

3 ‘‘(2) From the portion of the amount that re4 mains after the application of paragraph (1), the Sec5 retary shall provide funds to entities and organiza6 tions, each of which is eligible to receive funding

7 under this section, to enable the entity or organiza8 tion to carry out a new project under this section for

9 the current fiscal year, or to expand the level of serv10 ice provided by a project for the current fiscal year

11 over the level provided by the project during the pre12 ceding fiscal year.

13 ‘‘(e) NOTICE.—The Secretary shall advise each State

14 of the availability of the projects conducted under this sub15 section for States, cities, counties, local governments, and

16 other public entities, and shall advise each State of the pro17 cedures for applying to participate in the project.

18 ‘‘(f) FUNDING.—

19 ‘‘(1) IN GENERAL.—From funds made available

20 under section 7(a)(5)(B)(i) of the Child Nutrition Act

21 of 1966 (42 U.S.C. 1776(a)(5)(B)(i)), the Secretary

22 shall expend $3,000,000 for fiscal year 1995 and each

23 subsequent fiscal year to carry out this section.

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

25 less than the amount described in paragraph (1) if
103

•S 1614 RS

1 there is an insufficient number of suitable applicants

2 to carry out projects under this section. Any funds

3 made available under this subsection to carry out the

4 projects for a fiscal year that are not obligated to

5 carry out the projects in the fiscal year shall remain

6 available until expended for purposes of carrying out

7 the projects.

8 ‘‘(g) DEFINITION OF EMERGENCY SHELTER.—As used

9 in this section, the term ‘emergency shelter’ has the meaning

10 provided in section 321(2) of the Stewart B. McKinney

11 Homeless Assistance Act (42 U.S.C. 11351(2)).’’.

12 (b) DEMONSTRATION PROGRAM FOR THE PREVENTION

13 OF BOARDER BABIES.—Subsection (c) of section 18 of the

14 National School Lunch Act (42 U.S.C. 1769(c)) is amended

15 to read as follows:

16 ‘‘(c)(1) Using the funds provided under paragraph (7),

17 the Secretary shall conduct at least 1 demonstration project

18 through a participating entity during each of fiscal years

19 1995 through 1998 that is designed to provide food and nu20 trition services throughout the year to—

21 ‘‘(A) homeless pregnant women; and

22 ‘‘(B) homeless mothers or guardians of infants,

23 and the children of the mothers and guardians.

24 ‘‘(2) To be eligible to obtain funds under this sub25 section, a homeless shelter, transitional housing organiza-
104

•S 1614 RS

1 tion, or other entity that provides or will provide temporary

2 housing for individuals described in paragraph (1) shall (in

3 accordance with guidelines established by the Secretary)—

4 ‘‘(A) submit to the Secretary a proposal to pro5 vide food and nutrition services, including a plan for

6 coordinating the services with services provided under

7 the special supplemental nutrition program for

8 women, infants, and children authorized under sec9 tion 17 of the Child Nutrition Act of 1966 (42 U.S.C.

10 1786);

11 ‘‘(B) receive the approval of the Secretary for the

12 proposal;

13 ‘‘(C) be located in an urban area that has—

14 ‘‘(i) a significant population of boarder ba15 bies;

16 ‘‘(ii) a very high rate of mortality for chil17 dren under 1 year of age; or

18 ‘‘(iii) a significant population of homeless

19 pregnant women and homeless women with in20 fants;

21 as determined by the Secretary; and

22 ‘‘(D) be able to coordinate services provided

23 under this subsection with the services provided by the

24 local government and with other programs that may
105

•S 1614 RS

1 assist the participants receiving services under this

2 subsection.

3 ‘‘(3) Food and nutrition services funded under this

4 subsection—

5 ‘‘(A) may include—

6 ‘‘(i) meals, supplements, and other food;

7 ‘‘(ii) nutrition education;

8 ‘‘(iii) nutrition assessments;

9 ‘‘(iv) referrals to—

10 ‘‘(I) the special supplemental nutrition

11 program for women, infants, and children

12 authorized under section 17 of such Act (42

13 U.S.C. 1786);

14 ‘‘(II) the medical assistance program

15 established under title XIX of the Social Se16 curity Act (42 U.S.C. 1396 et seq.); and

17 ‘‘(III) other public or private programs

18 and services;

19 ‘‘(v) activities related to the services de20 scribed in any of clauses (i) through (iv); and

21 ‘‘(vi) administrative activities related to the

22 services described in any of clauses (i) through

23 (v); and

24 ‘‘(B) may not include the construction, purchase,

25 or rental of real property.
106

•S 1614 RS

1 ‘‘(4)(A) A participating entity shall—

2 ‘‘(i) use the same meal patterns, and receive re3 imbursement payments for meals and supplements at

4 the same rates, as apply to child care centers partici5 pating in the child care food program under section

6 17 for free meals and supplements;

7 ‘‘(ii) receive reimbursement payments for meals

8 and supplements served on Saturdays, Sundays, and

9 holidays, at the request of the entity; and

10 ‘‘(iii) maintain a policy of not providing serv11 ices or assistance to pregnant women, or homeless

12 women with infants, who use a controlled substance

13 (as defined in section 102 of the Controlled Sub14 stances Act (21 U.S.C. 802)).

15 ‘‘(B) The Secretary may modify the meal pattern re16 quirements to take into account the needs of infants, home17 less pregnant women, homeless mothers, guardians of in18 fants, or the children of the women, mothers, or guardians.

19 ‘‘(C) The Secretary shall provide funding to a partici20 pating entity for services described in paragraph (3) that

21 are provided to individuals described in paragraph (1).

22 ‘‘(5) The Secretary shall impose such auditing and rec23 ordkeeping requirements as are necessary to monitor the use

24 of Federal funds to carry out this subsection.
107

•S 1614 RS

1 ‘‘(6) The Secretary shall periodically report to the ap2 propriate committees of Congress on projects carried out

3 under this subsection.

4 ‘‘(7)(A) Out of any moneys in the Treasury not other5 wise appropriated, the Secretary of the Treasury shall pro6 vide to the Secretary $400,000 for each of fiscal years 1995

7 through 1998 to carry out this subsection. The Secretary

8 shall be entitled to receive the funds and shall accept the

9 funds.

10 ‘‘(B) Any funds provided under subparagraph (A) to

11 carry out projects under this subsection for a fiscal year

12 that are not obligated in the fiscal year shall be used by

13 the Secretary to carry out the homeless children nutrition

14 program established under section 17B.

15 ‘‘(8) As used in this subsection:

16 ‘‘(A) The term ‘boarder baby’ means an aban17 doned infant described in section 103(1) of the Aban18 doned Infants Assistance Act of 1988 (Public Law

19 100–505; 42 U.S.C. 670 note).

20 ‘‘(B) The term ‘nutrition education’ has the

21 meaning provided in section 17(b)(7) of the Child Nu22 trition Act of 1966 (42 U.S.C. 1786(b)(7)).’’.
108

•S 1614 RS

1 SEC. 117. PILOT PROJECTS.

2 (a) FORTIFIED FLUID MILK.—Section 18 of the Na3 tional School Lunch Act (42 U.S.C. 1769) is amended by

4 adding at the end the following new subsection:

5 ‘‘(e)(1) Subject to the availability of appropriations to

6 carry out this subsection, the Secretary shall establish pilot

7 projects in at least 25 school districts under which the milk

8 offered by schools meets the fortification requirements of

9 paragraph (3) for lowfat, skim, and other forms of fluid

10 milk.

11 ‘‘(2) The Secretary shall make available to school dis12 tricts information that compares the nutritional benefits of

13 fluid milk that meets the fortification requirements of para14 graph (3) and the nutritional benefits of other milk that

15 is made available through the school lunch program estab16 lished under this Act.

17 ‘‘(3) The fortification requirements for fluid milk for

18 the pilot project referred to in paragraph (1) shall provide

19 that—

20 ‘‘(A) all whole milk in final package form for

21 beverage use shall contain not less than—

22 ‘‘(i) 3.25 percent milk fat; and

23 ‘‘(ii) 8.7 percent milk solids not fat;

24 ‘‘(B) all lowfat milk in final package form for

25 beverage use shall contain not less than 10 percent

26 milk solids not fat; and
109

•S 1614 RS

1 ‘‘(C) all skim milk in final package form for bev2 erage use shall contain not less than 9 percent milk

3 solids not fat.

4 ‘‘(4)(A) In selecting where to establish pilot projects

5 under this subsection, the Secretary shall take into account,

6 among other factors, the availability of fortified milk and

7 the interest of the school district in being included in the

8 pilot project.

9 ‘‘(B) The Secretary shall establish the pilot projects in

10 as many geographic areas as practicable, except that none

11 of the projects shall be established in school districts that

12 use milk described in paragraph (3) or similar milk.

13 ‘‘(5) Not later than 2 years after the establishment of

14 pilot projects under this subsection, the Secretary shall re15 port to the appropriate committees of Congress on—

16 ‘‘(A) the acceptability of fortified whole, lowfat,

17 and skim milk products to participating children;

18 ‘‘(B) the impact of offering the milk on milk con19 sumption;

20 ‘‘(C) the views of the school food service authori21 ties on the pilot projects; and

22 ‘‘(D) any increases or reductions in costs attrib23 uted to the pilot projects.

24 ‘‘(6) The Secretary shall—
110

•S 1614 RS

1 ‘‘(A) obtain copies of any research studies or pa2 pers that discuss the impact of the fortification of

3 milk pursuant to standards established by the States;

4 and

5 ‘‘(B) on request, make available to State agencies

6 and the public—

7 ‘‘(i) the information obtained under sub8 paragraph (A); and

9 ‘‘(ii) information about where to obtain

10 milk described in paragraph (3).

11 ‘‘(7)(A) The pilot projects established under this sub12 section shall terminate on the last day of the third year

13 after the establishment of the pilot projects.

14 ‘‘(B) The Secretary shall advise representatives of all

15 districts participating in the pilot projects that the districts

16 may continue to offer the fortified forms of milk described

17 in paragraph (3) after the project terminates.’’.

18 (b) INCREASED CHOICES OF FRUITS, VEGETABLES,

19 LEGUMES, CEREALS, AND GRAIN-BASED PRODUCTS.—Sec20 tion 18 of such Act (42 U.S.C. 1769) (as amended by sub21 section (a)) is further amended by adding at the end the

22 following new subsection:

23 ‘‘(f)(1) The Secretary is authorized to establish a pilot

24 project to assist schools participating in the school lunch

25 program established under this Act, and the school breakfast
111

•S 1614 RS

1 program established under section 4 of the Child Nutrition

2 Act of 1966 (42 U.S.C. 1773), to offer participating stu3 dents additional choices of fruits, vegetables, legumes, cere4 als, and grain-based products (including, subject to para5 graph (7), organically produced agricultural commodities

6 and products) (collectively referred to in this subsection as

7 ‘qualified products’).

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

9 which schools may apply to participate in the pilot project.

10 To the maximum extent practicable, the Secretary shall se11 lect qualified schools that apply from each State.

12 ‘‘(3) The Secretary shall use the funds provided under

13 this subsection to provide to the schools referred to in para14 graph (1)—

15 ‘‘(A) per meal reimbursements, in addition to re16 imbursements otherwise due the schools;

17 ‘‘(B) incentive awards to schools that agree to

18 increase the choices of the schools of qualified products

19 during the school year; or

20 ‘‘(C) qualified products acquired by the Sec21 retary.

22 ‘‘(4) The Secretary may provide a priority for receiv23 ing funds under this subsection to—

24 ‘‘(A) schools that are located in low-income areas

25 (as defined by the Secretary); and
112

•S 1614 RS

1 ‘‘(B) schools that rarely offer 3 or more choices

2 of qualified products per meal.

3 ‘‘(5) On request, the Secretary shall provide informa4 tion to the appropriate committees of Congress on the im5 pact of the pilot project on participating schools, includ6 ing—

7 ‘‘(A) the extent to which school children in8 creased consumption of qualified products;

9 ‘‘(B) the extent to which increased consumption

10 of qualified products offered under the pilot project

11 has contributed to a reduction in fat intake in the

12 school breakfast and school lunch programs;

13 ‘‘(C) the desirability of—

14 ‘‘(i) requiring that each school participating

15 in the school breakfast program increase the

16 number of choices of qualified products offered

17 per meal to at least 2 choices;

18 ‘‘(ii) requiring that each school participat19 ing in the school lunch program increase the

20 number of choices of qualified products offered

21 per meal; and

22 ‘‘(iii) mandating that the Secretary provide

23 additional Federal reimbursements to assist

24 schools in complying with clauses (i) and (ii);
113

•S 1614 RS

1 ‘‘(D) the views of school food service authorities

2 on the pilot project; and

3 ‘‘(E) any increase or reduction in costs to the

4 schools in offering the additional qualified products.

5 ‘‘(6) Subject to the availability of funds appropriated

6 to carry out this subsection, the Secretary shall use not more

7 than $10,000,000 for each of fiscal years 1995 through 1997

8 to carry out this subsection.

9 ‘‘(7) For purposes of this subsection, qualified products

10 shall include organically produced agricultural commod11 ities and products beginning on the date the Secretary es12 tablishes an organic certification program for producers

13 and handlers of agricultural products in accordance with

14 the Organic Foods Production Act of 1990 (7 U.S.C. 6501

15 et seq.).’’.

16 (c) INCREASED CHOICES OF LOWFAT DAIRY PROD17 UCTS AND LEAN MEAT AND POULTRY PRODUCTS.—Section

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

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

20 new subsection:

21 ‘‘(g)(1) The Secretary is authorized to establish a pilot

22 project to assist schools participating in the school lunch

23 program established under this Act, and the school breakfast

24 program established under section 4 of the Child Nutrition

25 Act of 1966 (42 U.S.C. 1773), to offer participating stu-
114

•S 1614 RS

1 dents additional choices of lowfat dairy products and lean

2 meat and poultry products (including, subject to paragraph

3 (7), organically produced agricultural commodities and

4 products) (collectively referred to in this subsection as

5 ‘qualified products’).

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

7 which schools may apply to participate in the pilot project.

8 To the maximum extent practicable, the Secretary shall se9 lect qualified schools that apply from each State.

10 ‘‘(3) The Secretary shall use the funds provided under

11 this subsection to provide to the schools referred to in para12 graph (1)—

13 ‘‘(A) per meal reimbursements, in addition to re14 imbursements otherwise due the schools;

15 ‘‘(B) incentive awards to schools that agree to

16 increase the choices of the schools of qualified products

17 during the school year; or

18 ‘‘(C) qualified products acquired by the Sec19 retary.

20 ‘‘(4) The Secretary may provide a priority for receiv21 ing funds under this subsection to—

22 ‘‘(A) schools that are located in low-income areas

23 (as defined by the Secretary); and

24 ‘‘(B) schools that rarely offer 3 or more choices

25 of qualified products per meal.
115

•S 1614 RS

1 ‘‘(5) On request, the Secretary shall provide informa2 tion to the appropriate committees of Congress on the im3 pact of the pilot project on participating schools, includ4 ing—

5 ‘‘(A) the extent to which school children in6 creased consumption of qualified products;

7 ‘‘(B) the extent to which increased consumption

8 of qualified products offered under the pilot project

9 has contributed to a reduction in fat intake in the

10 school breakfast and school lunch programs;

11 ‘‘(C) the desirability of—

12 ‘‘(i) requiring that each school participating

13 in the school breakfast program increase the

14 number of choices of qualified products offered

15 per meal to at least 2 choices;

16 ‘‘(ii) requiring that each school participat17 ing in the school lunch program increase the

18 number of choices of qualified products offered

19 per meal; and

20 ‘‘(iii) mandating that the Secretary provide

21 additional Federal reimbursements to assist

22 schools in complying with clauses (i) and (ii);

23 ‘‘(D) the views of the school food service authori24 ties on the pilot project; and
116

•S 1614 RS

1 ‘‘(E) any increase or reduction in costs to the

2 schools in offering the additional qualified products.

3 ‘‘(6) Subject to the availability of funds appropriated

4 to carry out this subsection, the Secretary shall use not more

5 than $10,000,000 for each of fiscal years 1995 through 1997

6 to carry out this subsection.

7 ‘‘(7) For purposes of this subsection, qualified products

8 shall include organically produced agricultural commod9 ities and products beginning on the date the Secretary es10 tablishes an organic certification program for producers

11 and handlers of agricultural products in accordance with

12 the Organic Foods Production Act of 1990 (7 U.S.C. 6501

13 et seq.).’’.

14 SEC. 118. FOOD SERVICE MANAGEMENT INSTITUTE.

15 (a) REQUIRED ACTIVITIES.—Section 21(c)(2) of the

16 National School Lunch Act (42 U.S.C. 1769b–1(c)(2)) is

17 amended—

18 (1) in subparagraph (B)—

19 (A) by striking ‘‘and’’ at the end of clause

20 (viii);

21 (B) by redesignating clause (ix) as clause

22 (x); and

23 (C) by inserting after clause (viii) the fol24 lowing new clause:

25 ‘‘(ix) culinary skills; and’’;
117

•S 1614 RS

1 (2) by striking ‘‘and’’ at the end of subpara2 graph (D);

3 (3) by striking the period at the end of subpara4 graph (E) and inserting a semicolon; and

5 (4) by adding at the end the following new sub6 paragraphs:

7 ‘‘(F) training food service personnel to com8 ply with the nutrition guidance and objectives of

9 section 24 through a national network of instruc10 tors or other means;

11 ‘‘(G) preparing informational materials,

12 such as video instruction tapes and menu plan13 ners, to promote healthier food preparation; and

14 ‘‘(H) assisting State educational agencies in

15 providing additional nutrition and health in16 structions and instructors, including training

17 personnel to comply with the nutrition guidance

18 and objectives of section 24.’’.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 21

20 (42 U.S.C. 1769b–1) is amended—

21 (1) in subsection (a)(1), by striking ‘‘from’’ and

22 inserting ‘‘subject to the availability of, and from,’’;

23 and

24 (2) by striking subsection (e) and inserting the

25 following new subsection:
118

•S 1614 RS

1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

2 ‘‘(1) TRAINING ACTIVITIES AND TECHNICAL AS3 SISTANCE.—There are authorized to be appropriated

4 $3,000,000 for fiscal year 1990, $2,000,000 for fiscal

5 year 1991, and $1,000,000 for each of fiscal years

6 1992 through 1998 for purposes of carrying out sub7 section (a)(1).

8 ‘‘(2) FOOD SERVICE MANAGEMENT INSTITUTE.—

9 ‘‘(A) FUNDING.—Out of any moneys in the

10 Treasury not otherwise appropriated, the Sec11 retary of the Treasury shall provide to the Sec12 retary $2,000,000 for fiscal year 1995 and each

13 subsequent fiscal year to carry out subsection

14 (a)(2). The Secretary shall be entitled to receive

15 the funds and shall accept the funds.

16 ‘‘(B) ADDITIONAL FUNDING.—In addition

17 to amounts made available under subparagraph

18 (A), there are authorized to be appropriated to

19 carry out subsection (a)(2) $2,000,000 for each of

20 fiscal years 1995 through 1998. The Secretary

21 shall carry out activities under subsection (a)(2),

22 in addition to the activities funded under sub23 paragraph (A), to the extent provided for, and in

24 such amounts as are provided for, in advance in

25 appropriations Acts.’’.
119

•S 1614 RS

1 SEC. 119. COMPLIANCE AND ACCOUNTABILITY.

2 Not later than 1 year after the date of enactment of

3 this Act, the Director of the Office of Technology Assessment

4 shall submit a report to the Committee on Education and

5 Labor of the House of Representatives and the Committee

6 on Agriculture, Nutrition, and Forestry of the Senate that

7 analyzes—

8 (1) the status of the coordinated review system

9 authorized under section 22 of the National School

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

11 (2) the advantages and disadvantages of the sys12 tem; and

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

14 SEC. 120. DUTIES OF THE SECRETARY OF AGRICULTURE RE15 LATING TO NONPROCUREMENT DEBARMENT

16 UNDER CERTAIN CHILD NUTRITION PRO17 GRAMS.

18 (a) FINDINGS.—Congress finds that—

19 (1) in recent years, there has been an alarming

20 number of instances of price-fixing and bid-rigging

21 regarding foods purchased for—

22 (A) the school lunch program established

23 under the National School Lunch Act (42 U.S.C.

24 1751 et seq.); and
120

•S 1614 RS

1 (B) the school breakfast program established

2 under section 4 of the Child Nutrition Act of

3 1966 (42 U.S.C. 1773);

4 (2) effective educational and monitoring pro5 grams can greatly reduce the incidence of price-fixing

6 and bid-rigging by companies that sell products to

7 schools;

8 (3) reducing the incidence of price-fixing and

9 bid-rigging in connection with the school lunch and

10 breakfast programs could save school districts, par11 ents, and taxpayers millions of dollars per year; and

12 (4) the Comptroller General of the United States

13 has noted that bid-rigging awareness training is an

14 effective means of deterring improper collusion and

15 bid-rigging.

16 (b) NONPROCUREMENT DEBARMENT.—The National

17 School Lunch Act (42 U.S.C. 1751 et seq.) is amended by

18 adding at the end the following new section:

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

20 NONPROCUREMENT DEBARMENT.

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

22 promote the prevention and deterrence of instances of fraud,

23 bid rigging, and other anticompetitive activities encoun24 tered in the procurement of products for child nutrition pro25 grams by—
121

•S 1614 RS

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

2 the Secretary to initiate debarment proceedings, as

3 well as establishing mandatory debarment periods;

4 and

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

6 guidance in identifying and preventing the activities.

7 ‘‘(b) DEFINITIONS.—As used in this section:

8 ‘‘(1) CHILD NUTRITION PROGRAM.—The term

9 ‘child nutrition program’ means—

10 ‘‘(A) the school lunch program established

11 under this Act;

12 ‘‘(B) the summer food service program for

13 children established under section 13;

14 ‘‘(C) the child and adult care food program

15 established under section 17;

16 ‘‘(D) the homeless children nutrition pro17 gram established under section 17B;

18 ‘‘(E) the special milk program established

19 under section 3 of the Child Nutrition Act of

20 1966 (42 U.S.C. 1772);

21 ‘‘(F) the school breakfast program estab22 lished under section 4 of such Act (42 U.S.C.

23 1773); and

24 ‘‘(G) the special supplemental nutrition

25 program for women, infants, and children au-
122

•S 1614 RS

1 thorized under section 17 of such Act (42 U.S.C.

2 1786).

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

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

5 State, or a local agency to provide goods or services

6 in relation to the participation of a local agency in

7 a child nutrition program.

8 ‘‘(3) LOCAL AGENCY.—The term ‘local agency’

9 means a school, school food authority, child care cen10 ter, sponsoring organization, or other entity author11 ized to operate a child nutrition program at the local

12 level.

13 ‘‘(4) NONPROCUREMENT DEBARMENT.—The term

14 ‘nonprocurement debarment’ means an action to bar

15 a person from programs and activities involving Fed16 eral financial and nonfinancial assistance, but not

17 including Federal procurement programs and activi18 ties.

19 ‘‘(5) PERSON.—The term ‘person’ means any in20 dividual, corporation, partnership, association, coop21 erative, or other legal entity, however organized.

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

23 AND ANTICOMPETITIVE ACTIVITIES.—The Secretary shall—

24 ‘‘(1) in cooperation with any other appropriate

25 individual, organization, or agency, provide advice,
123

•S 1614 RS

1 training, technical assistance, and guidance (which

2 may include awareness training, training films, and

3 troubleshooting advice) to representatives of States

4 and local agencies regarding means of identifying

5 and preventing fraud and anticompetitive activities

6 relating to the provision of goods or services in con7 junction with the participation of a local agency in

8 a child nutrition program; and

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

10 with, the Attorney General and State attorneys gen11 eral regarding investigations of fraud and anti12 competitive activities relating to the provision of

13 goods or services in conjunction with the participa14 tion of a local agency in a child nutrition program.

15 ‘‘(d) NONPROCUREMENT DEBARMENT.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (3) and subsection (e), not later than 180 days

18 after notification of the occurrence of a cause for de19 barment described in paragraph (2), the Secretary

20 shall initiate nonprocurement debarment proceedings

21 against the contractor who has committed the cause

22 for debarment.

23 ‘‘(2) CAUSES FOR DEBARMENT.—Actions requir24 ing initiation of nonprocurement debarment pursuant

25 to paragraph (1) shall include a situation in which
124

•S 1614 RS

1 a contractor is found guilty in any criminal proceed2 ing, or found liable in any civil or administrative

3 proceeding, in connection with the supplying, provid4 ing, or selling of goods or services to any local agency

5 in connection with a child nutrition program, of—

6 ‘‘(A) an anticompetitive activity, including

7 bid-rigging, price-fixing, the allocation of cus8 tomers between competitors, or other violation of

9 Federal or State antitrust laws;

10 ‘‘(B) fraud, bribery, theft, forgery, or embez11 zlement;

12 ‘‘(C) knowingly receiving stolen property;

13 ‘‘(D) making a false claim or statement; or

14 ‘‘(E) other obstruction of justice.

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

16 that a decision on initiating nonprocurement debar17 ment proceedings cannot be made within 180 days

18 after notification of the occurrence of a cause for de19 barment described in paragraph (2) because of the

20 need to further investigate matters relating to the pos21 sible debarment or for other good cause (as deter22 mined by the Secretary), the Secretary may have such

23 additional time as the Secretary considers necessary

24 to make a decision, but not to exceed an additional

25 180 days.
125

•S 1614 RS

1 ‘‘(4) MANDATORY CHILD NUTRITION PROGRAM

2 DEBARMENT PERIODS.—

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

4 provisions of this paragraph and notwithstand5 ing any other provision of law except subsection

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

7 debarment proceedings pursuant to paragraph

8 (1), the Secretary decides to debar a contractor,

9 the debarment shall be for a period of not less

10 than 1 year.

11 ‘‘(B) PREVIOUS DEBARMENT.—If the con12 tractor has been previously debarred pursuant to

13 nonprocurement debarment proceedings initiated

14 pursuant to paragraph (1), and the cause for de15 barment is described in paragraph (2) based on

16 activities that occurred subsequent to the initial

17 debarment, the debarment shall be for a period

18 of not less than 3 years.

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

20 under this subsection shall serve to bar the con21 tractor for the specified period from contracting

22 to provide goods or services in conjunction with

23 the participation of a local agency in a child nu24 trition program.
126

•S 1614 RS

1 ‘‘(D) REVERSAL, REDUCTION, OR EXCEP2 TION.—Nothing in this section shall restrict the

3 ability of the Secretary to—

4 ‘‘(i) reverse a debarment decision;

5 ‘‘(ii) reduce the period or scope of a de6 barment;

7 ‘‘(iii) grant an exception permitting a

8 debarred contractor to participate in a par9 ticular contract to provide goods or services;

10 or

11 ‘‘(iv) otherwise settle a debarment ac12 tion at any time;

13 in conjunction with the participation of a local

14 agency in a child nutrition program, if the Sec15 retary determines there is good cause for the ac16 tion, after taking into account factors set forth in

17 paragraphs (1) through (6) of subsection (e).

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

19 shall present to the appropriate congressional com20 mittees information regarding the decisions required

21 by this subsection.

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

23 A debarment imposed under this section shall not re24 duce or diminish the authority of a Federal, State, or

25 local government agency or court to penalize, im-
127

•S 1614 RS

1 prison, fine, suspend, debar, or take other adverse ac2 tion against a person in a civil, criminal, or admin3 istrative proceeding.

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

5 such regulations as are necessary to carry out this

6 subsection.

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

8 other provision of this section, the Secretary shall initiate

9 the nonprocurement debarment proceedings described in

10 subsection (d)(1) against the contractor who has committed

11 a cause for debarment (as determined under subsection

12 (d)(2)), unless the action—

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

14 on competition or prices in the relevant market or na15 tionally;

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

17 agency to procure a needed product for a child nutri18 tion program;

19 ‘‘(3) is unfair to a person that is not involved

20 in the improper activity that would otherwise result

21 in the debarment;

22 ‘‘(4) is likely to have significant adverse eco23 nomic impacts on the local economy in a manner

24 that is unfair to innocent parties;
128

•S 1614 RS

1 ‘‘(5) is not justified in light of the penalties al2 ready imposed on the contractor for violations rel3 evant to the proposed debarment; or

4 ‘‘(6) is not in the public interest, or otherwise is

5 not in the interests of justice, as determined by the

6 Secretary.

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

8 Prior to seeking judicial review in a court of competent ju9 risdiction, a contractor against whom a nonprocurement

10 debarment proceeding has been initiated shall—

11 ‘‘(1) exhaust all administrative procedures pre12 scribed by the Secretary; and

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

14 the Secretary.

15 ‘‘(g) INFORMATION RELATING TO PREVENTION AND

16 CONTROL OF ANTICOMPETITIVE ACTIVITIES.—On request,

17 the Secretary shall present to the appropriate congressional

18 committees information regarding the activities of the Sec19 retary relating to anticompetitive activities, fraud,

20 nonprocurement debarment, and any waiver granted by the

21 Secretary under this section.’’.

22 (c) APPLICABILITY.—Section 25 of the National School

23 Lunch Act (as added by subsection (b)) shall not apply to

24 a cause for debarment as described in section 25(d)(2) of
129

•S 1614 RS

1 such Act that is based on an activity that took place prior

2 to the effective date of section 25 of such Act.

3 (d) NO REDUCTION IN AUTHORITY TO DEBAR OR SUS4 PEND A PERSON FROM FEDERAL FINANCIAL AND NON5 FINANCIAL ASSISTANCE AND BENEFITS.—The authority of

6 the Secretary of Agriculture that exists on the day before

7 the date of enactment of this Act to debar or suspend a per8 son from Federal financial and nonfinancial assistance and

9 benefits under Federal programs and activities shall not be

10 diminished or reduced by this Act or the amendment made

11 by subsection (b).

12 SEC. 121. NUTRITION EDUCATION PROMOTION PROGRAM.

13 The National School Lunch Act (42 U.S.C. 1751 et

14 seq.) (as amended by section 120(b)) is further amended by

15 adding at the end of each the following new section:

16 ‘‘SEC. 26. NUTRITION EDUCATION PROMOTION PROGRAM.

17 ‘‘(a) IN GENERAL.—The Secretary, using amounts re18 ceived under subsection (d), shall establish a nutrition edu19 cation promotion program to promote healthy eating habits

20 among participants in the domestic food assistance pro21 grams of the Department.

22 ‘‘(b) CONDUCT OF PROGRAM.—In carrying out the

23 program described in subsection (a), the Secretary may—

24 ‘‘(1) develop or assist other persons in developing

25 appropriate educational materials, including public
130

•S 1614 RS

1 service announcements, promotional publications, and

2 press kits for the purpose of promoting nutrition edu3 cation ;

4 ‘‘(2) distribute or assist other persons in distrib5 uting the materials to appropriate public or private

6 individuals and entities; and

7 ‘‘(3) provide funds to public or private individ8 uals and entities, including teachers, child care pro9 viders, physicians, health professional organizations,

10 food service personnel, school food authorities, and

11 community-based organizations for the purpose of as12 sisting the individuals and entities in conducting nu13 trition education promotion programs to promote

14 healthy eating habits among the participants in the

15 domestic food assistance programs of the Department.

16 ‘‘(c) COOPERATIVE AGREEMENTS AND GRANTS.—The

17 Secretary may enter into cooperative agreements with, and

18 make grants to, Federal agencies, State, and local govern19 ments, and other entities, to carry out the program de20 scribed in subsection (a).

21 ‘‘(d) GIFTS, BEQUESTS, AND DEVISES.—

22 ‘‘(1) IN GENERAL.—Notwithstanding any other

23 provision of law, the Secretary may solicit, accept,

24 use, and dispose of gifts, bequests, or devises of serv25 ices or property, both real and personal, for the pur-
131

•S 1614 RS

1 pose of establishing and carrying out the program de2 scribed in subsection (a). Gifts, bequests, or devises of

3 money and proceeds from the sale of other property

4 received as gifts, bequests, or devises shall be deposited

5 in the Treasury and shall be available for disburse6 ment on order of the Secretary.

7 ‘‘(2) CRITERIA FOR ACCEPTANCE.—The Sec8 retary shall establish criteria for determining whether

9 to solicit and accept gifts, bequests, or devises under

10 paragraph (1), including criteria that would ensure

11 that the acceptance of any gifts, bequests, or devises

12 would not—

13 ‘‘(A) reflect unfavorably on the ability of the

14 Secretary to carry out the responsibilities of the

15 Secretary in a fair and objective manner; or

16 ‘‘(B) compromise, or appear to compromise,

17 the integrity of any governmental program or

18 any officer or employee involved in the pro19 gram.’’.

20 SEC. 122. INFORMATION CLEARINGHOUSE.

21 The National School Lunch Act (42 U.S.C. 1751 et

22 seq.) (as amended by section 121) is further amended by

23 adding at the end the following new section:
132

•S 1614 RS

1 ‘‘SEC. 27. INFORMATION CLEARINGHOUSE.

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

3 contract with a nongovernmental organization described in

4 subsection (b) to establish and maintain a clearinghouse to

5 provide information to nongovernmental groups located

6 throughout the United States that assist low-income indi7 viduals or communities regarding food assistance, self-help

8 activities to aid individuals in becoming self-reliant, and

9 other activities that empower low-income individuals or

10 communities to improve the lives of low-income individuals

11 and reduce reliance on Federal, State, or local governmental

12 agencies for food or other assistance.

13 ‘‘(b) NONGOVERNMENTAL ORGANIZATION.—The non14 governmental organization referred to in subsection (a)

15 shall be selected on a competitive basis and shall—

16 ‘‘(1) be experienced in the gathering of first-hand

17 information in all the States through onsite visits to

18 grassroots organizations in each State that fight hun19 ger and poverty or that assist individuals in becom20 ing self-reliant;

21 ‘‘(2) be experienced in the establishment of a

22 clearinghouse similar to the clearinghouse described

23 in subsection (a);

24 ‘‘(3) agree to contribute in-kind resources to25 wards the establishment and maintenance of the

26 clearinghouse and agree to provide clearinghouse in-
133

•S 1614 RS

1 formation, free of charge, to the Secretary, States,

2 counties, cities, antihunger groups, and grassroots or3 ganizations that assist individuals in becoming self4 sufficient and self-reliant;

5 ‘‘(4) be sponsored by an organization, or be an

6 organization, that—

7 ‘‘(A) has helped combat hunger for at least

8 10 years;

9 ‘‘(B) is committed to reinvesting in the

10 United States; and

11 ‘‘(C) is knowledgeable regarding Federal nu12 trition programs;

13 ‘‘(5) be experienced in communicating the pur14 pose of the clearinghouse through the media, including

15 the radio and print media, and be able to provide ac16 cess to the clearinghouse information through com17 puter or telecommunications technology, as well as

18 through the mails; and

19 ‘‘(6) be able to provide examples, advice, and

20 guidance to States, counties, cities, communities,

21 antihunger groups, and local organizations regarding

22 means of assisting individuals and communities to

23 reduce reliance on government programs, reduce hun24 ger, improve nutrition, and otherwise assist low-in-
134

•S 1614 RS

1 come individuals and communities become more self2 sufficient.

3 ‘‘(c) AUDITS.—The Secretary shall establish fair and

4 reasonable auditing procedures regarding the expenditures

5 of funds to carry out this section.

6 ‘‘(d) FUNDING.—Out of any moneys in the Treasury

7 not otherwise appropriated, the Secretary of the Treasury

8 shall pay to the Secretary to provide to the organization

9 selected under this section, to establish and maintain the

10 information clearinghouse, $200,000 for each of fiscal years

11 1995 and 1996, $150,000 for each of fiscal years 1997 and

12 1998, and $75,000 for fiscal year 1999. The Secretary shall

13 be entitled to receive the funds and shall accept the funds.’’.

14 SEC. 123. GUIDANCE AND GRANTS FOR ACCOMMODATING

15 MEDICAL AND SPECIAL DIETARY NEEDS OF

16 CHILDREN WITH DISABILITIES.

17 The National School Lunch Act (42 U.S.C. 1751 et

18 seq.) (as amended by section 122) is further amended by

19 adding at the end the following new section:

20 ‘‘SEC. 28. GUIDANCE AND GRANTS FOR ACCOMMODATING

21 MEDICAL AND SPECIAL DIETARY NEEDS OF

22 CHILDREN WITH DISABILITIES.

23 ‘‘(a) DEFINITIONS.—As used in this section:
135

•S 1614 RS

1 ‘‘(1) CHILDREN WITH DISABILITIES.—The term

2 ‘children with disabilities’ means individuals, each of

3 which is—

4 ‘‘(A) a participant in a covered program;

5 and

6 ‘‘(B) an individual with a disability, as de7 fined in section 7(8) of the Rehabilitation Act of

8 1973 (29 U.S.C. 706(8)) for purposes of section

9 504 of the Rehabilitation Act of 1973 (29 U.S.C.

10 794).

11 ‘‘(2) COVERED PROGRAM.—The term ‘covered

12 program’ means—

13 ‘‘(A) the school lunch program established

14 under this Act;

15 ‘‘(B) the school breakfast program estab16 lished under section 4 of the Child Nutrition Act

17 of 1966 (42 U.S.C. 1773); and

18 ‘‘(C) any other program established under

19 this Act or the Child Nutrition Act of 1966 (42

20 U.S.C. 1771 et seq.) that the Secretary deter21 mines is appropriate.

22 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means a school food service authority, or institu24 tion or organization, that participates in a covered

25 program.
136

•S 1614 RS

1 ‘‘(b) GUIDANCE.—

2 ‘‘(1) DEVELOPMENT.—The Secretary, in con3 sultation with the Attorney General and the Secretary

4 of Education, shall develop and approve guidances for

5 accommodating the medical and special dietary needs

6 of children with disabilities under covered programs

7 in a manner that is consistent with section 504 of the

8 Rehabilitation Act of 1973 (29 U.S.C. 794).

9 ‘‘(2) TIMING.—In the case of the school lunch

10 program established under this Act and the school

11 breakfast program established under section 4 of the

12 Child Nutrition Act of 1966 (42 U.S.C. 1773), the

13 Secretary shall develop the guidance as required by

14 paragraph (1) not later than 90 days after the date

15 of enactment of this section.

16 ‘‘(3) DISTRIBUTION.—Not later than 60 days

17 after the date that the development of the guidance re18 lating to a covered program is completed, the Sec19 retary shall distribute the guidance to school food

20 service authorities, and institutions and organiza21 tions, participating in the covered program.

22 ‘‘(4) REVISION OF GUIDANCE.—The Secretary, in

23 consultation with the Attorney General and the Sec24 retary of Education, shall periodically update and

25 approve the guidance to reflect new scientific infor-
137

•S 1614 RS

1 mation and comments and suggestions from persons

2 carrying out covered programs, recognized medical

3 authorities, parents, and other persons.

4 ‘‘(c) GRANTS.—

5 ‘‘(1) IN GENERAL.—Subject to the availability of

6 appropriations provided in advance to carry out this

7 subsection, the Secretary shall make grants on a com8 petitive basis to State educational agencies for dis9 tribution to eligible entities to assist the eligible enti10 ties with nonrecurring expenses incurred in accommo11 dating the medical and special dietary needs of chil12 dren with disabilities in a manner that is consistent

13 with section 504 of the Rehabilitation Act of 1973 (29

14 U.S.C. 794).

15 ‘‘(2) ADDITIONAL ASSISTANCE.—Subject to para16 graph (3)(A)(iii), assistance received through grants

17 made under this subsection shall be in addition to

18 any other assistance that State educational agencies

19 and eligible entities would otherwise receive.

20 ‘‘(3) ALLOCATION BY SECRETARY.—

21 ‘‘(A) PREFERENCE.—In making grants

22 under this subsection for any fiscal year, the Sec23 retary shall provide a preference to State edu24 cational agencies that, individually—
138

•S 1614 RS

1 ‘‘(i) submit to the Secretary a plan for

2 accommodating the needs described in para3 graph (1), including a description of the

4 purpose of the project for which the agency

5 seeks such a grant, a budget for the project,

6 and a justification for the budget;

7 ‘‘(ii) provide to the Secretary data

8 demonstrating that the State served by the

9 agency has a substantial percentage of chil10 dren with medical or special dietary needs,

11 and information explaining the basis for the

12 data; or

13 ‘‘(iii) demonstrate to the satisfaction of

14 the Secretary that the activities supported

15 through such a grant will be coordinated

16 with activities supported under other Fed17 eral, State, and local programs, including—

18 ‘‘(I) activities carried out under

19 title XIX of the Social Security Act (42

20 U.S.C. 1396 et seq.);

21 ‘‘(II) activities carried out under

22 the Individuals with Disabilities Edu23 cation Act (20 U.S.C. 1400 et seq.);

24 and
139

•S 1614 RS

1 ‘‘(III) activities carried out under

2 section 19 of the Child Nutrition Act of

3 1966 (42 U.S.C. 1788) or by the food

4 service management institute estab5 lished under section 21.

6 ‘‘(B) REALLOCATION.—The Secretary shall

7 act in a timely manner to recover and reallocate

8 to other States any amounts provided to a State

9 educational agency under this subsection that

10 are not used by the agency within a reasonable

11 period (as determined by the Secretary).

12 ‘‘(C) APPLICATIONS.—The Secretary shall

13 allow State educational agencies to apply on an

14 annual basis for assistance under this subsection.

15 ‘‘(4) ALLOCATION BY STATE EDUCATIONAL AGEN16 CIES.—In allocating funds made available under this

17 subsection within a State, the State educational agen18 cy shall give a preference to eligible entities that dem19 onstrate the greatest ability to use the funds to carry

20 out the plan submitted by the State in accordance

21 with paragraph (3)(A)(i).

22 ‘‘(5) MAINTENANCE OF EFFORT.—Expenditures

23 of funds from State and local sources to accommodate

24 the needs described in paragraph (1) shall not be di-
140

•S 1614 RS

1 minished as a result of grants received under this sub2 section.

3 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated $1,000,000

5 for each of fiscal years 1995 through 2000 to carry

6 out this subsection.’’.

7 TITLE II—SCHOOL BREAKFAST

8 AND RELATED PROGRAMS

9 SEC. 201. SCHOOL BREAKFAST PROGRAM.

10 (a) TECHNICAL ASSISTANCE FOR SCHOOL BREAKFAST

11 PROGRAM.—Section 4(e)(1) of the Child Nutrition Act of

12 1966 (42 U.S.C. 1773(e)(1)) is amended—

13 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

14 (2) by adding at the end the following new sub15 paragraph:

16 ‘‘(B) The Secretary shall provide through State edu17 cational agencies technical assistance and training, includ18 ing technical assistance and training in the preparation

19 of lower-fat versions of foods commonly used in the school

20 breakfast program established under this section, to schools

21 participating in the school breakfast program to assist the

22 schools in complying with the nutritional requirements pre23 scribed by the Secretary pursuant to subparagraph (A) and

24 in providing appropriate meals to children with medically

25 certified special dietary needs. The Secretary shall provide
141

•S 1614 RS

1 through State educational agencies additional technical as2 sistance to schools that are having difficulty maintaining

3 compliance with the requirements.’’.

4 (b) STARTUP AND EXPANSION OF SCHOOL BREAKFAST

5 PROGRAM AND SUMMER FOOD SERVICE PROGRAM FOR

6 CHILDREN.—Subsection (g) of section 4 of the Child Nutri7 tion Act of 1966 (42 U.S.C. 1773(g)) is amended to read

8 as follows:

9 ‘‘STARTUP COSTS

10 ‘‘(g)(1) The Secretary shall make payments, totalling

11 not less than $5,000,000 for each of fiscal years 1991

12 through 1996, $6,000,000 for each of fiscal years 1997 and

13 1998, and $7,000,000 for fiscal year 1999 and each subse14 quent fiscal year, on a competitive basis and in the follow15 ing order of priority (subject to other provisions of this sub16 section), to—

17 ‘‘(A) State educational agencies in a substantial

18 number of States for distribution to eligible schools to

19 assist the schools with nonrecurring expenses incurred

20 in—

21 ‘‘(i) initiating a school breakfast program

22 under this section; or

23 ‘‘(ii) expanding a school breakfast program;

24 and
142

•S 1614 RS

1 ‘‘(B) a substantial number of States for distribu2 tion to service institutions to assist the institutions

3 with nonrecurring expenses incurred in—

4 ‘‘(i) initiating a summer food service pro5 gram for children; or

6 ‘‘(ii) expanding a summer food service pro7 gram for children.

8 ‘‘(2) Payments received under this subsection shall be

9 in addition to payments to which State agencies are enti10 tled under subsection (b) and section 13 of the National

11 School Lunch Act (42 U.S.C. 1761).

12 ‘‘(3) To be eligible to receive a payment under this sub13 section, a State educational agency shall submit to the Sec14 retary a plan to expand school breakfast programs con15 ducted in the State, including a description of the manner

16 in which the agency will provide technical assistance and

17 funding to schools in the State to expand the programs.

18 ‘‘(4) In making payments under this subsection for

19 any fiscal year to initiate or expand school breakfast pro20 grams, the Secretary shall provide a preference to State edu21 cational agencies that—

22 ‘‘(A) have in effect a State law that requires the

23 expansion of the programs during the year;
143

•S 1614 RS

1 ‘‘(B) have significant public or private resources

2 that have been assembled to carry out the expansion

3 of the programs during the year;

4 ‘‘(C) do not have a breakfast program available

5 to a large number of low-income children in the State;

6 or

7 ‘‘(D) serve an unmet need among low-income

8 children, as determined by the Secretary.

9 ‘‘(5) In making payments under this subsection for

10 any fiscal year to initiate or expand summer food service

11 programs for children, the Secretary shall provide a pref12 erence to States—

13 ‘‘(A)(i) in which the numbers of children partici14 pating in the summer food service program for chil15 dren represent the lowest percentages of the number of

16 children receiving free or reduced price meals under

17 the national school lunch program established under

18 the National School Lunch Act (42 U.S.C. 1751 et

19 seq.); or

20 ‘‘(ii) that do not have a summer food service pro21 gram for children available to a large number of low22 income children in the State; and

23 ‘‘(B) that submit to the Secretary a plan to ex24 pand the summer food service programs for children

25 conducted in the State, including a description of—
144

•S 1614 RS

1 ‘‘(i) the manner in which the State will

2 provide technical assistance and funding to serv3 ice institutions in the State to expand the pro4 grams; and

5 ‘‘(ii) significant public or private resources

6 that have been assembled to carry out the expan7 sion of the programs during the year.

8 ‘‘(6) The Secretary shall act in a timely manner to

9 recover and reallocate to other States any amounts provided

10 to a State educational agency or State under this subsection

11 that are not used by the agency or State within a reasonable

12 period (as determined by the Secretary).

13 ‘‘(7) The Secretary shall allow States to apply on an

14 annual basis for assistance under this subsection.

15 ‘‘(8) Each State agency and State, in allocating funds

16 within the State, shall give preference for assistance under

17 this subsection to eligible schools and service institutions

18 that demonstrate the greatest need for a breakfast program

19 or a summer food service program for children, respectively.

20 ‘‘(9) Expenditures of funds from State and local

21 sources for the maintenance of the breakfast program and

22 the summer food service program for children shall not be

23 diminished as a result of payments received under this sub24 section.

25 ‘‘(10) As used in this subsection:
145

•S 1614 RS

1 ‘‘(A) The term ‘eligible school’ means a school—

2 ‘‘(i) attended by children a significant per3 centage of whom are members of low-income

4 families; and

5 ‘‘(ii) that agrees to operate the breakfast

6 program established with the assistance provided

7 under this section for a period of not less than

8 3 years.

9 ‘‘(B) The term ‘service institutions’ means an in10 stitution or organization described in paragraph

11 (1)(B) or (7) of section 13(a) of the National School

12 Lunch Act (42 U.S.C. 1761(a)(1)(B) or (7)).

13 ‘‘(C) The term ‘summer food service program for

14 children’ means a program authorized by section 13

15 of such Act (42 U.S.C. 1761).’’.

16 SEC. 202. STATE ADMINISTRATIVE EXPENSES.

17 (a) FUNDING FOR HOMELESS CHILDREN NUTRITION

18 PROGRAM.—Section 7(a) of the Child Nutrition Act of 1966

19 (42 U.S.C. 1776(a)) is amended—

20 (1) in the second sentence of paragraph (1), by

21 striking ‘‘paragraphs (2), (3), and (4) of this sub22 section’’ and inserting ‘‘paragraphs (2) through (5)’’;

23 and

24 (2) in paragraph (5), by striking subparagraph

25 (B) and inserting the following new subparagraph:
146

•S 1614 RS

1 ‘‘(B)(i) Notwithstanding any other provision of this

2 subsection, of the amounts that are provided under para3 graph (1), before making the allocations required under

4 paragraphs (2), (3), and (4), the Secretary shall allocate

5 $3,000,000 for fiscal year 1995 and each subsequent fiscal

6 year to carry out section 17B of the National School Lunch

7 Act.

8 ‘‘(ii) After making the allocations required under

9 clause (i) and paragraphs (2), (3), and (4), the Secretary

10 shall allocate, for purposes of administrative costs, any re11 maining amounts among States that demonstrate a need

12 for the amounts.’’.

13 (b) WITHHOLDING OF FUNDS FOR SERIOUS DEFI14 CIENCY IN STATE ADMINISTRATION OF PROGRAMS.—Sec15 tion 7(a) of such Act (42 U.S.C. 1776(a)) is amended by

16 adding at the end the following new paragraph:

17 ‘‘(9)(A) If the Secretary determines that the adminis18 tration of any program by a State under this Act (other

19 than section 17) or under the National School Lunch Act

20 (42 U.S.C. 1751 et seq.), or compliance with a regulation

21 issued to carry out a program pursuant to either of such

22 Acts, is seriously deficient, and the State fails to correct

23 the deficiency within a period of time specified by the Sec24 retary, the Secretary may withhold from the State all or

25 part of the funds allocated to the State under this section
147

•S 1614 RS

1 and sections 13(k)(1) and 17 of the National School Lunch

2 Act (42 U.S.C. 1761(k)(1) and 1766).

3 ‘‘(B) On a subsequent determination by the Secretary

4 that the administration of the program for which the Sec5 retary withheld funds under subparagraph (A), or compli6 ance with the regulation issued to carry out the program,

7 is no longer seriously deficient and is carried out in an

8 acceptable manner, the Secretary may allocate all or part

9 of the funds withheld under subparagraph (A) to the

10 State.’’.

11 (c) EXTENSION OF AUTHORITY TO PROVIDE FUNDS

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

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

14 ‘‘1994’’ and inserting ‘‘1998’’.

15 (d) PROHIBITION OF FUNDING UNLESS STATE

16 AGREES TO PARTICIPATE IN CERTAIN STUDIES OR SUR17 VEYS.—Section 7 of such Act (42 U.S.C. 1776) is amend18 ed—

19 (1) by redesignating subsection (h) as subsection

20 (i); and

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

22 new subsection:

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

24 this section to a State for administrative costs incurred in

25 any fiscal year unless the State agrees to participate in
148

•S 1614 RS

1 each study or survey of a program authorized under this

2 Act or the National School Lunch Act (42 U.S.C. 1751 et

3 seq.) that is conducted by the Secretary.’’.

4 SEC. 203. COMPETITIVE FOODS OF MINIMAL NUTRITIONAL

5 VALUE.

6 Section 10 of the Child Nutrition Act of 1966 (42

7 U.S.C. 1779) is amended—

8 (1) by designating the first, second, and third

9 sentences as subsections (a), (b), and (c), respectively;

10 (2) in subsection (b) (as so designated)—

11 (A) by striking ‘‘Such regulations’’ and in12 serting ‘‘(1) The regulations’’; and

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

14 paragraphs:

15 ‘‘(2) The Secretary shall develop and provide to ele16 mentary schools, through each State agency, model language

17 that bans the sale of competitive foods of minimal nutri18 tional value anywhere on elementary school grounds before

19 the end of the last lunch period.

20 ‘‘(3) The Secretary shall provide to secondary schools,

21 through State agencies, a copy of regulations (in existence

22 on the effective date of this paragraph) concerning the sale

23 of competitive foods of minimal nutritional value.
149

•S 1614 RS

1 ‘‘(4) Paragraphs (2) and (3) shall not apply to a State

2 that has in effect a ban on the sale of competitive foods

3 of minimal nutritional value in schools in the State.’’.

4 SEC. 204. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.

5 (a) DEFINITION OF NUTRITIONAL RISK.—Section

6 17(b)(8) of the Child Nutrition Act of 1966 (42 U.S.C.

7 1786(b)(8)) is amended—

8 (1) by redesignating subparagraph (D) as sub9 paragraph (E);

10 (2) by inserting after ‘‘health,’’ at the end of sub11 paragraph (C) the following new subparagraph: ‘‘(D)

12 conditions that directly affect the nutritional health of

13 a person, such as alcoholism or drug abuse,’’; and

14 (3) in subparagrah (E) (as so redesignated), by

15 striking ‘‘alcoholism and drug addiction, homeless16 ness, and’’ and inserting ‘‘homelessness and’’.

17 (b) PRESUMPTIVE ELIGIBILITY.—Section 17(d)(3) of

18 such Act (42 U.S.C. 1786(d)(3)) is amended—

19 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

20 (2) by adding at the end the following new sub21 paragraph:

22 ‘‘(B) Under the procedures, a pregnant woman who

23 meets the income eligibility standards shall be considered

24 presumptively eligible to participate in the program and

25 shall be certified for participation immediately, without de-
150

•S 1614 RS

1 laying certification until an evaluation is made concerning

2 nutritional risk. A nutritional risk evaluation of the woman

3 shall be completed not later than 60 days after the woman

4 is certified for participation. If it is subsequently deter5 mined that the woman does not meet nutritional risk cri6 teria, the certification of the woman shall terminate on the

7 date of the determination.’’.

8 (c) TECHNICAL CORRECTIONS.—Section 17(e) of such

9 Act (42 U.S.C. 1786(e)) is amended by redesignating para10 graph (3) (as added by section 123(a)(3)(D) of the Child

11 Nutrition and WIC Reauthorization Act of 1989 (Public

12 Law 101–147; 103 Stat. 895)) and paragraphs (4) and (5)

13 as paragraphs (4), (5), and (6), respectively.

14 (d) COORDINATION OF WIC AND MEDICAID PROGRAMS

15 USING MANAGED CARE PROVIDERS.—Section

16 17(f)(1)(C)(iii) is amended by inserting before the semi17 colon at the end the following: ‘‘, including medicaid pro18 grams that use managed care providers under section

19 1903(m) or 1915(b) of the Social Security Act (42 U.S.C.

20 1396b(m) or 1396n(b)) (including coordination through the

21 referral of potentially eligible women, infants, and children

22 between the program authorized under this section and the

23 medicaid program)’’.

24 (e) PRIORITY CONSIDERATION FOR CERTAIN MIGRANT

25 POPULATIONS.—The first sentence of section 17(f)(3) of
151

•S 1614 RS

1 such Act (42 U.S.C. 1786(f)(3)) is amended by inserting

2 before the period at the end the following: ‘‘and shall ensure

3 that local programs provide priority consideration to serv4 ing migrant participants who are residing in the State for

5 a limited period of time’’.

6 (f) INCOME ELIGIBILITY GUIDELINES.—Paragraph

7 (18) of section 17(f) of such Act (42 U.S.C. 1786(f)(18))

8 is amended to read as follows:

9 ‘‘(18) Not later than July 1 of each year, a State agen10 cy may implement income eligibility guidelines under this

11 section concurrently with the implementation of income eli12 gibility guidelines under the medicaid program established

13 under title XIX of the Social Security Act (42 U.S.C. 1396

14 et seq.).’’.

15 (g) USE OF RECOVERED PROGRAM FUNDS IN YEAR

16 COLLECTED.—Section 17(f) of such Act (42 U.S.C. 1786(f))

17 is amended by adding at the end the following new para18 graph:

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

20 result of violations in the food delivery system of the pro21 gram in the year in which the funds are collected for the

22 purpose of carrying out the program.’’.

23 (h) EXTENSION OF PROGRAM.—Section 17 of such Act

24 (42 U.S.C. 1786) is amended—
152

•S 1614 RS

1 (1) in the first sentence of subsection (g)(1), by

2 striking ‘‘1991, 1992, 1993, and 1994’’ and inserting

3 ‘‘1991 through 1998’’; and

4 (2) in the first sentence of subsection (h)(2)(A),

5 by striking ‘‘1990, 1991, 1992, 1993 and 1994’’ and

6 inserting ‘‘1990 through 1998’’.

7 (i) USE OF FUNDS FOR TECHNICAL ASSISTANCE AND

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

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

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

11 projects’’ and inserting ‘‘administration of pilot

12 projects’’;

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

14 following: ‘‘, and carrying out technical assistance

15 and research evaluation projects of the programs es16 tablished under this section’’; and

17 (3) by adding at the end the following new sen18 tence: ‘‘The Secretary may allow the interagency

19 transfer of funds made available to carry out this

20 paragraph to Federal and other agencies to carry out

21 projects and initiatives that are consistent with pro22 gram goals.’’.

23 (j) BREASTFEEDING PROMOTION AND SUPPORT AC24 TIVITIES.—
153

•S 1614 RS

1 (1) IN GENERAL.—Section 17(h)(3) of such Act

2 (42 U.S.C. 1786(h)(3)) is amended—

3 (A) in subparagraph (A)(i)(II), by striking

4 ‘‘$8,000,000,’’ and inserting ‘‘the national mini5 mum breastfeeding promotion expenditure, as de6 scribed in subparagraph (E),’’; and

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

8 subparagraph:

9 ‘‘(E) The national minimum breastfeeding promotion

10 expenditure shall be—

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

12 that is equal to $21 multiplied by the number of preg13 nant women and breastfeeding women participating

14 in the program, based on the average number of preg15 nant women and breastfeeding women during the last

16 3 months for which the Secretary has final data; and

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

18 through 1998, the amount described in clause (i) ad19 justed for inflation in accordance with paragraph

20 (1)(B)(ii).’’.

21 (2) IMPLEMENTATION.—The Secretary of Agri22 culture may permit a State agency a period of not

23 more than 2 years after the effective date of this sub24 section to comply with the expenditure required by

25 reason of the amendments made by paragraph (1).
154

•S 1614 RS

1 (k) DEVELOPMENT OF STANDARDS FOR THE COLLEC2 TION OF BREASTFEEDING DATA.—Section 17(h)(4) of such

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

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (C);

6 (2) by striking the period at the end of subpara7 graph (D) and inserting ‘‘; and’’; and

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

10 ‘‘(E)(i) not later than 1 year after the effective

11 date of this subparagraph, develop uniform require12 ments for the collection of data regarding the inci13 dence and duration of breastfeeding among partici14 pants in the program; and

15 ‘‘(ii) effective beginning on the date of the estab16 lishment of the uniform requirements, require each

17 State agency to report the data for inclusion in the

18 report to Congress described in subsection (d)(4).’’.

19 (l) SUBMISSION OF INFORMATION TO CONGRESS ON

20 WAIVERS WITH RESPECT TO PROCUREMENT OF INFANT

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

22 1786(h)(8)(D)(iii)) is amended by striking ‘‘at 6-month in23 tervals’’ and inserting ‘‘on a timely basis’’.

24 (m) COST CONTAINMENT.—
155

•S 1614 RS

1 (1) IN GENERAL.—Section 17(h)(8)(G) (42

2 U.S.C. 1786(h)(8)(G)) is amended—

3 (A) in clause (i)—

4 (i) in the first sentence, by striking

5 ‘‘The’’ and inserting ‘‘During each of fiscal

6 years 1995 and 1996, the’’; and

7 (ii) by striking the second sentence and

8 inserting the following new sentence: ‘‘If an

9 offer made under the preceding sentence re10 sults in the implementation of contracts by

11 2 or more State agencies, the Secretary

12 shall also make offers in accordance with

13 the preceding sentence during each of fiscal

14 years 1997 and 1998.’’;

15 (B) in clause (viii), by inserting after the

16 first sentence the following new sentence: ‘‘In

17 conducting an offer under this clause, the Sec18 retary shall attempt to develop and use procure19 ment procedures that are likely to be broadly ac20 ceptable among State agencies.’’; and

21 (C) by adding at the end the following new

22 clause:

23 ‘‘(ix) If an offer made under clause (i) results in the

24 implementation of contracts by 2 or more State agencies,

25 the Secretary shall promptly offer to solicit bids on behalf
156

•S 1614 RS

1 of State agencies regarding cost containment contracts to

2 be entered into by infant cereal or infant juice manufactur3 ers, or both, and State agencies. In carrying out this clause,

4 the Secretary shall, to the maximum extent feasible, follow

5 the procedures prescribed in this subparagraph regarding

6 offers made by the Secretary with regard to soliciting bids

7 regarding infant formula cost containment contracts. If the

8 offer of the Secretary to solicit bids regarding cost contain9 ment contracts for infant cereal or infant juice, or both,

10 results in the implementation of contracts by 2 or more

11 State agencies, the Secretary shall renew the offer at appro12 priate intervals.’’.

13 (2) REPEAL OF TERMINATION OF AUTHORITY.—

14 Section 209 of the WIC Infant Formula Procurement

15 Act of 1992 (Public Law 102–512; 42 U.S.C. 1786

16 note) is repealed.

17 (n) PROHIBITION ON INTEREST LIABILITY TO FED18 ERAL GOVERNMENT ON REBATE FUNDS.—Section 17(h)(8)

19 of such Act (42 U.S.C. 1786(h)(8)) is amended by adding

20 at the end the following new subparagraph:

21 ‘‘(L) A State shall not incur an interest liability to

22 the Federal Government on rebate funds for infant formula

23 and other foods if all interest earned by the State on the

24 funds is used to carry out the program.’’.
157

•S 1614 RS

1 (o) USE OF UNSPENT NUTRITION SERVICES AND AD2 MINISTRATION FUNDS.—Section 17(h) of such Act (42

3 U.S.C. 1786(h)) is amended by adding at the end the follow4 ing new paragraph:

5 ‘‘(10)(A) For each of fiscal years 1995 through 1998,

6 the Secretary shall use, for the purposes specified in sub7 paragraph (B), the lesser of $10,000,000 or the amount of

8 unspent funds for nutrition services and administration

9 from the previous fiscal year.

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

11 for—

12 ‘‘(i) the development of infrastructure for the

13 program under this section, including management

14 information systems;

15 ‘‘(ii) special State projects of regional or na16 tional significance directed toward improving the

17 services of the program under this section; and

18 ‘‘(iii) special breastfeeding support and pro19 motion projects, including projects to assess the effec20 tiveness of particular breastfeeding promotion strate21 gies and to develop State or local agency capacity or

22 facilities to provide quality breastfeeding services.’’.

23 (p) SPENDBACK FUNDS.—Section 17(i)(3) of such Act

24 (42 U.S.C. 1786(i)(3)) is amended—
158

•S 1614 RS

1 (1) in subparagraph (A)(i), by inserting ‘‘(except

2 as provided in subparagraph (H))’’ after ‘‘1 percent’’;

3 and

4 (2) by adding at the end the following new sub5 paragraph:

6 ‘‘(H) The Secretary may authorize a State agency to

7 expend not more than 3 percent of the amount of funds allo8 cated to a State under this section for supplemental foods

9 for a fiscal year for expenses incurred under this section

10 for supplemental foods during the preceding fiscal year, if

11 the Secretary determines that there has been a significant

12 reduction in rebates provided to the State agency that

13 would affect the ability of the State agency to at least main14 tain the level of participation by eligible participants

15 served by the State agency.’’.

16 (q) ELIMINATION OF DUPLICATIVE MIGRANT RE17 PORTS.—Section 17 of such Act (42 U.S.C. 1786) is amend18 ed—

19 (1) in subsection (d)(4), by inserting after ‘‘Con20 gress’’ the following: ‘‘and the National Advisory

21 Council on Maternal, Infant, and Fetal Nutrition es22 tablished under subsection (k)’’; and

23 (2) by striking subsection (j).

24 (r) INITIATIVE TO PROVIDE PROGRAM SERVICES AT

25 COMMUNITY AND MIGRANT HEALTH CENTERS.—Section 17
159

•S 1614 RS

1 of such Act (42 U.S.C. 1786) (as amended by subsection

2 (q)(2)) is further amended by inserting after subsection (i)

3 the following new subsection:

4 ‘‘(j)(1) The Secretary and the Secretary of Health and

5 Human Services (referred to in this subsection as the ‘Sec6 retaries’) shall jointly establish and carry out an initiative

7 for the purpose of providing both supplemental foods and

8 nutrition education under the special supplemental nutri9 tion program and health care services to low-income preg10 nant, postpartum, and breastfeeding women, infants, and

11 children at substantially more community health centers

12 and migrant health centers than are served on the date of

13 enactment of the Better Nutrition and Health for Children

14 Act of 1994.

15 ‘‘(2) The initiative shall also include—

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

17 provision of supplemental foods and nutrition edu18 cation under the special supplemental nutrition pro19 gram and health care services at facilities funded by

20 the Indian Health Service; and

21 ‘‘(B) the development and implementation of

22 strategies to ensure that, to the maximum extent fea23 sible, new community health centers, migrant health

24 centers, and other federally supported health care fa25 cilities established in medically underserved areas
160

•S 1614 RS

1 provide supplemental foods and nutrition education

2 under the special supplemental nutrition program.

3 ‘‘(3) The initiative may include—

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

5 and local agencies and the health centers referred to

6 in subparagraphs (A) and (B) of paragraph (2);

7 ‘‘(B) demonstration projects in selected States or

8 local areas; and

9 ‘‘(C) such other activities as the Secretaries con10 sider appropriate.

11 ‘‘(4) As used in this subsection:

12 ‘‘(A) The term ‘community health center’ has the

13 meaning provided in section 330(a) of the Public

14 Health Service Act (42 U.S.C. 254c(a)).

15 ‘‘(B) The term ‘migrant health center’ has the

16 meaning provided in section 329(a)(1) of such Act

17 (42 U.S.C. 254b(a)(1)).’’.

18 (s) FARMERS’ MARKET NUTRITION PROGRAM.—

19 (1) MATCHING REQUIREMENT FOR INDIAN STATE

20 AGENCIES.—Section 17(m)(3) of such Act (42 U.S.C.

21 1786(m)(3)) is amended by adding at the end the fol22 lowing new sentence: ‘‘The Secretary may negotiate

23 with an Indian State agency a lower percentage of

24 matching funds than is required under the preceding

25 sentence, but not lower than 10 percent of the total
161

•S 1614 RS

1 cost of the program, if the Indian State agency dem2 onstrates to the Secretary financial hardship for the

3 affected Indian tribe, band, group, or council.’’.

4 (2) EXPANSION.—Section 17(m)(5)(F) of such

5 Act (42 U.S.C. 1786(m)(5)(F)) is amended—

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

7 and inserting ‘‘17 percent’’; and

8 (B) by striking clause (ii) and inserting the

9 following new clause:

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

11 assistance under this subsection, the Secretary shall permit

12 the State to use up to 1 percent of total program funds

13 for market development or technical assistance to farmers’

14 markets if the Secretary determines that the State intends

15 to promote the development of farmers’ markets in socially

16 or economically disadvantaged areas, or remote rural areas,

17 where individuals eligible for participation in the program

18 have limited access to locally grown fruits and vegetables.’’.

19 (3) NOTIFICATION OF AWARD OF FUNDS.—Sec20 tion 17(m)(6)(A) of such Act (42 U.S.C.

21 1786(m)(6)(A)) is amended by adding at the end the

22 following new sentence: ‘‘The Secretary shall inform

23 each State of the award of funds as prescribed by sub24 paragraph (G) by February 15 of each year.’’.
162

•S 1614 RS

1 (4) MINIMUM AMOUNT OF GRANTS.—Section

2 17(m)(6)(B)(ii) of such Act (42 U.S.C.

3 1786(m)(6)(B)(ii)) is amended by striking ‘‘$50,000’’

4 each place it appears and inserting ‘‘$75,000’’.

5 (5) STATE PLAN SUBMISSION DATE.—Section

6 17(m)(6)(D)(i) of such Act (42 U.S.C.

7 1786(m)(6)(D)(i)) is amended by striking ‘‘at such

8 time and in such manner as the Secretary may rea9 sonably require’’ and inserting ‘‘by November 15 of

10 each year’’.

11 (6) MAINTENANCE OF EFFORT.—Section

12 17(m)(6)(F)(iii) of such Act (42 U.S.C.

13 1786(m)(6)(F)(iii)) is amended by striking ‘‘reduce

14 in any fiscal year’’ and inserting ‘‘reduce, in the first

15 full fiscal year of the Federal grant,’’.

16 (7) ALLOCATION OF ADDITIONAL FUNDS.—Sec17 tion 17(m)(6)(G) of such Act (42 U.S.C.

18 1786(m)(6)(G)) is amended—

19 (A) in the first sentence of clause (i), by

20 striking ‘‘45 to 55 percent’’ and inserting ‘‘60

21 percent’’; and

22 (B) in the first sentence of clause (ii), by

23 striking ‘‘45 to 55 percent’’ and inserting ‘‘40

24 percent’’.
163

•S 1614 RS

1 (8) DATA COLLECTION REQUIREMENTS.—Section

2 17(m)(8) of such Act (42 U.S.C. 1786(m)(8)) is

3 amended by striking subparagraphs (D) and (E) and

4 inserting the following new subparagraphs:

5 ‘‘(D) if available, information on the change in

6 consumption of fresh fruits and vegetables by recipi7 ents;

8 ‘‘(E) if available, information on the effects of

9 the program on farmers’ markets; and’’.

10 (9) AUTHORIZATION OF APPROPRIATIONS.—Sec11 tion 17(m)(10)(A) of such Act (42 U.S.C.

12 1786(m)(10)(A)) is amended by striking ‘‘and

13 $8,000,000 for fiscal year 1994’’ and inserting

14 ‘‘$8,000,000 for fiscal year 1994, $10,500,000 for fis15 cal year 1995, $12,500,000 for fiscal year 1996,

16 $15,000,000 for fiscal year 1997, and $18,000,000 for

17 fiscal year 1998’’.

18 (10) ELIMINATION OF REALLOCATION OF UNEX19 PENDED FUNDS OF DEMONSTRATION PROJECTS.—Sec20 tion 17(m)(10)(B)(ii) of such Act (42 U.S.C.

21 1786(m)(10)(B)(ii)) is amended by striking the sec22 ond sentence.

23 (11) DEFINITION OF STATE AGENCY.—Section

24 17(m)(11)(D) of such Act (42 U.S.C. 1786(m)(11)(D))

25 is amended by inserting before the period at the end
164

•S 1614 RS

1 the following: ‘‘or any other agency approved by the

2 chief executive officer of the State’’.

3 (12) PROMOTION BY THE SECRETARY.—The Sec4 retary of Agriculture shall promote the use of farmers’

5 markets by recipients of Federal nutrition programs

6 administered by the Secretary.

7 (t) CHANGE IN NAME OF PROGRAM.—

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

9 U.S.C. 1786) is amended—

10 (A) by striking the section heading and in11 serting the following new section heading:

12 ‘‘SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

13 WOMEN, INFANTS, AND CHILDREN’’;

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

15 by striking ‘‘special supplemental food program’’

16 and inserting ‘‘special supplemental nutrition

17 program’’;

18 (C) in the second sentence of subsection

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

20 program’’ each place it appears and inserting

21 ‘‘special supplemental nutrition program’’; and

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

23 ‘‘special supplemental food program’’ and insert24 ing ‘‘special supplemental nutrition program’’.

25 (2) CONFORMING AMENDMENTS.—
165

•S 1614 RS

1 (A) The second sentence of section 9(c) of

2 the Food Stamp Act of 1977 (7 U.S.C. 2018(c))

3 is amended by striking ‘‘special supplemental

4 food program’’ and inserting ‘‘special supple5 mental nutrition program’’.

6 (B) Section 685(b)(8) of the Individuals

7 with Disabilities Education Act (20 U.S.C.

8 1484a(b)(8)) is amended by striking ‘‘Special

9 Supplemental Food Program for Women, Infants

10 and Children’’ and inserting ‘‘special supple11 mental nutrition program for women, infants,

12 and children’’.

13 (C) Section 3803(c)(2)(C)(x) of title 31,

14 United States Code, is amended by striking ‘‘spe15 cial supplemental food program’’ and inserting

16 ‘‘special supplemental nutrition program’’.

17 (D) Section 399(b)(6) of the Public Health

18 Service Act (42 U.S.C. 280c–6(b)(6)) is amended

19 by striking ‘‘special supplemental food program’’

20 and inserting ‘‘special supplemental nutrition

21 program’’.

22 (E) Paragraphs (11)(C) and (53)(A) of sec23 tion 1902(a) of the Social Security Act (42

24 U.S.C. 1396a(a)) are each amended by striking
166

•S 1614 RS

1 ‘‘special supplemental food program’’ and insert2 ing ‘‘special supplemental nutrition program’’.

3 (F) Section 202(b) of the WIC Infant For4 mula Procurement Act of 1992 (Public Law

5 102–512; 42 U.S.C. 1786 note) is amended by

6 striking ‘‘special supplemental food program’’

7 and inserting ‘‘special supplemental nutrition

8 program’’.

9 (3) REFERENCES.—Any reference to the special

10 supplemental food program established under section

11 17 of the Child Nutrition Act of 1966 (42 U.S.C.

12 1786) in any law, regulation, document, record, or

13 other paper of the United States shall be considered

14 to be a reference to the special supplemental nutrition

15 program established under such section.

16 SEC. 205. NUTRITION EDUCATION AND TRAINING PRO17 GRAM.

18 (a) NAME OF PROGRAM.—Section 19 of the Child Nu19 trition Act of 1966 (42 U.S.C. 1788) is amended by striking

20 ‘‘information and education’’ each place it appears in sub21 sections (b), (c), (d)(1), and (j)(1) and inserting ‘‘education

22 and training’’.

23 (b) NUTRITION EDUCATION PROGRAMS.—The second

24 sentence of section 19(c) of such Act (42 U.S.C. 1788(c))

25 is amended—
167

•S 1614 RS

1 (1) in subparagraph (B), by striking ‘‘school

2 food service’’ and inserting ‘‘child nutrition pro3 gram’’;

4 (2) by striking ‘‘and’’ at the end of subpara5 graph (C); and

6 (3) by inserting before the period at the end the

7 following: ‘‘; and (E) providing information to par8 ents and caregivers regarding the nutritional value of

9 food and the relationship between food and health’’.

10 (c) NUTRITION EDUCATION AND TRAINING.—Section

11 19(d) of such Act (42 U.S.C. 1788(d)) is amended—

12 (1) in paragraph (1)(C), by inserting before the

13 period at the end the following: ‘‘, and the provision

14 of nutrition education to parents and caregivers’’;

15 (2) in the first sentence of paragraph (4), by

16 striking ‘‘educational and school food service person17 nel’’ and inserting ‘‘educational, school food service,

18 child care, and summer food service personnel’’; and

19 (3) in the first sentence of paragraph (5), by in20 serting after ‘‘schools’’ the following: ‘‘, and in child

21 care institutions and summer food service institu22 tions,’’.

23 (d) USE OF FUNDS.—Section 19(f) of such Act (42

24 U.S.C. 1788(f)) is amended—
168

•S 1614 RS

1 (1) by striking paragraph (1) and inserting the

2 following new paragraph:

3 ‘‘(1) The funds made available under this section may,

4 under guidelines established by the Secretary, be used by

5 a State educational agency for—

6 ‘‘(A) employing a nutrition education specialist

7 to coordinate the program, including travel and relat8 ed personnel costs;

9 ‘‘(B) undertaking an assessment of the nutrition

10 education needs of the State;

11 ‘‘(C) developing and carrying out a State plan

12 of operation and management for nutrition edu13 cation;

14 ‘‘(D) coordinating and promoting nutrition edu15 cation and training activities in local school districts

16 (incorporating, to the maximum extent practicable, as

17 a learning laboratory, the child nutrition programs);

18 ‘‘(E) contracting with public and private non19 profit educational institutions for the conduct of nu20 trition education instruction and programs relating

21 to the purpose of this section;

22 ‘‘(F) providing funding for a nutrition compo23 nent in the health education curriculum offered to

24 children in kindergarten through grade 12;
169

•S 1614 RS

1 ‘‘(G) instructing teachers, school administrators,

2 or other school staff on how to promote better nutri3 tional health and to motivate children to practice

4 sound eating habits;

5 ‘‘(H) developing means of providing nutrition

6 education to children, and families of children,

7 through after-school programs;

8 ‘‘(I) creating instructional programming for

9 teachers, food service personnel, and parents on the

10 relationships between nutrition and health and the

11 role of the Food Guide Pyramid established by the

12 Secretary;

13 ‘‘(J) encouraging public service advertisements to

14 promote healthy eating habits for children; and

15 ‘‘(K) achieving related nutrition education pur16 poses, including the preparation, testing, distribution,

17 and evaluation of visual aids and other informational

18 and educational materials.’’; and

19 (2) by striking paragraph (3) and inserting the

20 following new paragraph:

21 ‘‘(3) A State agency may use an amount equal to not

22 more than 15 percent of the funds made available through

23 a grant under this section for expenditures for overall ad24 ministrative and supervisory or program purposes in con25 nection with the program authorized under this section if
170

•S 1614 RS

1 the State makes available at least an equal amount for the

2 expenditures.’’.

3 (e) STATE COORDINATORS FOR NUTRITION; STATE

4 PLAN.—Section 19(h) of such Act (42 U.S.C. 1788(h)) is

5 amended—

6 (1) in the first sentence of paragraph (2), by in7 serting ‘‘and training’’ after ‘‘education’’; and

8 (2) in the third sentence of paragraph (3)—

9 (A) by striking ‘‘and’’ at the end of sub10 paragraph (D); and

11 (B) by inserting before the period at the end

12 the following: ‘‘; and (F) a comprehensive plan

13 for providing nutrition education during the

14 first fiscal year beginning after the submission of

15 the plan and the succeeding 4 fiscal years’’.

16 (f) AUTHORIZATION OF APPROPRIATIONS.—Section

17 19(i)(2)(A) of such Act (42 U.S.C. 1788(i)(2)(A)) is amend18 ed by striking ‘‘nutrition education and information pro19 grams’’ and all that follows through the period at the end

20 and inserting ‘‘nutrition education and training programs

21 $10,000,000 for fiscal year 1995 and each subsequent fiscal

22 year.’’.

23 (g) AVAILABILITY OF FUNDS.—Section 19(i) of such

24 Act (42 U.S.C. 1788(i)) is amended—
171

•S 1614 RS

1 (1) by redesignating paragraph (3) as para2 graph (4); and

3 (2) by inserting after paragraph (2) the follow4 ing new paragraph:

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

6 section shall remain available to the State for obligation

7 in the fiscal year succeeding the fiscal year in which the

8 funds were received by the State.’’.

9 TITLE III—EFFECTIVE DATES

10 SEC. 301. EFFECTIVE DATES.

11 Except as otherwise provided in this Act, this Act and

12 the amendments made by this Act shall become effective on

13 October 1, 1994.

S 1614 RS——2

S 1614 RS——3

S 1614 RS——4

S 1614 RS——5

S 1614 RS——6

S 1614 RS——7

S 1614 RS——8

S 1614 RS——9

S 1614 RS——10

S 1614 RS——11

S 1614 RS——12